The herald and mail. [volume] (Columbia, Tenn.) 1873-188?, 1878-03-15
THE THIRD STOLEN STATE.
+. ]. Noses Tells How South Carolina was
Counted fer Hayes.


In South Carolina the Board OfStatt
Canvasse had, even since 1868, un-
der the Republican regime, full and
untrammeIled power over the returns
of all State and county elections. I'm
der the law which established the
tribunal they claimed that in their of
fetal action they were entirely inde-
pendent of and beyond the control OF
any court in the State, and up to the
late campaign, which resulted in
Hampton's election, their claim of un-
restricted authority In their official
sphere had never been questioned or
denied. There is no doubt but that it
was the intention of the Radical legis-
latOrs who framed the law so to word
its provisions as to render it extreme
Iy doubtful if the orders Ofany judicial
Ocffier could overrule the official acts
ofthe South Carolina Returning Board.
Its members, the Attorney-General,
mptroller-General, State Treasurer,
Secretary of State, and Adjutant and
Inspector General, claimed for them
selves the right to go behind the re-
turns, and throw ont from the count
whatever votes, the illeGality of which
was shown by what they considered
adequate testimony.
OF course it can readily be seen
what n terrible machine this might be
made in the hands of unscrupulOus
parties against the rights of those who
were politically opposed to to them,
and often and over had the Democrats
of South Carolina cause to denOunce
the villainy which had framed, and
the partisan tools who carried out the
infamous provisions of such law. In
MANY cases where Democratic men,
bers of the General Assembly had
been elected from counties having
clearly defined and ascertained white
majority, and were entitled to their
seats on prima facie evidence, it hap
pened that the Board of State Can
VaSseTs deliberately set aside the re-
suits of their elections and seated the
Radical claimants without the least
show of legal right or equitable justice.
So grown into and recognized as an
undertaking custom had such action
become, that the Democrats of the
State became utterly disheartened and
discouraged, and very often they fail
ed even to go to the expense of engag-
ing counsel to contest for the seats to
which they had been legally and fair
Iy elected. They supposed that it
would be utterly useless to appeal to
the courts for protection, as all of the
Supreme and Circuit Judges were
deeply dyed in Radicalisn, and OH Oc-
casiOns had proved themselves utterly
unable to administer justice when it
sustained the rights and liberties of
Democrats in the State.
But, in the last State campaign, it
was hoped by the Democrats that an
moment had arrived to
make a desperate effort to retrieve the
fortunes of their party, and in the last
resort to have recourse to the highest
judicial tribunal in the State. Itwas
thought that the Republican ardOr of
two of the Supreme Court Justices in
the interest of Chamberlain as the Gu
abated by the then recent
course of events. My father, Chief
Moses, had become violently
against Chamberlain, on
account of the latter's action in the
matter ofmy election to the bench;
and at a public meeting in Sumter, tle
place of his residence, short time be-
fore the election, the Chief Justice had
openly announced his intention of sup
porting Hampton as the candidate of
his choice. In this he was followed
by many other Republicans, and the
division in their ranks, which thus be-
came apparent, strengthened the hopes
and redOubled the energy of the DEM
ocratic element.
With this encouragement to the
Democrats, and doubt and uncertain
ty among the Republicans, the cam
paign neared its end and finally
closed.
Under the law in South Carolina the
votes for Presidential electors are for
warded by the county canvassers, i'm
after they have counted
whose office they are to be kept, un-
der his own official responsibility, un-
til the day arrives for the Board of
State Canvassers to open and "deter-
mine and ascertain" the votes. Then
he turns them over to the board, and
there his supervision over them as
of State ceases. During the
time they remain in his custody the
law cOntemplates their being kept safe
from the approach, touch, or inspec-
ton of any one, and although at the
close of the last campaign in the State
the utmost public excitement prevail
ed with regard to the safe keeping of
the votes, no attempt was made to-
ward violence or invasion of the law.
True, the Chairman of the Democratic
party made published proposition to
the Secretary of State, Henry f.
Hayne, a colOred man, to allow
guard of an equal number from each
political party to remain around or in
the room in the Capitol in which the
returns We're kept until they We're
turned over to the Board of State; but
their proposal was politely but firmly
refused, the Secretary claiming that
he was fully equal to the responsibility
of the occasion, and would preserve
the inviolability of the ballot boxes in
his keeping.
Under the law, the State Canvassing
Board was required to meet in the
Secretary of States office within ten
days after each State or county cleo
ton, and then and there to proceed to
open the boxes and determine the re-
suit of the election. On the occasion
of which Ispeak, these ten days eX-
pired on Tuesday, and it was on the
Sunday preceding this Tuesday that
the work of altering the returns was
effected. On that day, according to
the proffered but rejected testimony
before the Investigating Committee
by John B. Dennis, and by others who
agree with him in their narration of
the facts, there assembled in the Sec
retary of States office, with doors
barred against all other corners, the
following members of the Board of
State Canvassers: +, l.. Cardoza,
State Treasurer; Henry E. Hayne,
Secretary of State; William Stone,
AttOrney-G General, (law partner of ID.
T. Corhin); apd Thomas G.. Dunn,
COmptroller-G General.
This last named man was the head
and front of the whole infamous busi-
ness, and according to the testimony of
Dennis and others, who know where
of they speak, he had planned and
proposed the nefarious transaction in
which they had assembled there to en-
gage. They had with them as CO.
laborers and pounsellors in their work
Judge Cartier, of Washington, ID c.,
who had been making himself very
active in consultations with the board,
and whom it was said had been
specially sent from Washington to see
that the State was counted for Hayes.
Judge Settle, of North Carolina, was
also present, lending his valuable aid,
and WAS accompanied by one Judge
Dewy, from one of the Western States,
who, up to that time, was entirely un-
known in South Carolina,
1t must be borne III mind that pre-
Vfous to that time, and Immediately
after the close of the campaign, it