The Portland daily press., 1878-02-25

himself 0HenslVe 10 the DelnOcratlc party, and eS- |
pecially to the Democratic party of Louisiana by
helping to execute the law and has thereby hwarted
that party when it had well-nigh got possession of
hand of that party in persecution as he felt it last
winter, and he must be made SO offensive that the
State shall be too hot to hold him.
Now the only answer that have heard, and the
ouy that can possibly be made is in the question
asked If he is guilty ought he not to be punished?
Guilty of what? The whole case was gone over last
winter in partisan, proscriptive committee and it
was not claimed that knowledge of any alteration of
local return could be brought home to General |
Anderson.
Mr. Robertson-will the gentleman allow me to |
make a statement just there?
Mr. Hale-Yes sir.
Mr.. Robertson-The prosecution against Me- An
derson not for forging but for utterng and pub
fishing forged public record.
Mr. Finey-That is true.
Mr.. Hale-Of course that could not have been done
unless he had knowledge.
Mr. Finley-Does not the proof show that he knew
that fact?
Mr.. Hale-The proofdoes not show that he knew
that fact. No evidence introduced into this trial
and have had the same opportunity OF following
it that the gentleman from Ohio has had, in the
newspapers-that would have stood moment be-
fore northern jury.
Mr.. Finley-was it not proven before committee
last winter?
Mr.. Hale-Not in the least. No proof of Mr.. An
derson's knowledge brought forward, as will be
stated by other gentlemen who served on that COM
mittee, before this debate is ended and see that
my friend, the gentleman from Illinois (Mr. Burch-
ard) a member of the committee, mods his head in
aequiesence with my statement.
Mr.. Ellis and Mr.. Chalmers rose.
Mr.. Epis-Wl the gentleman from Maine yield to
me for moment?
Mr.. Hale-My time is nearly out, but am perfect
ly willing to yield if sufficient time is allowed to
finish.
Mr.. Eis-T wish TO state that Robert G. Wick
fe one of the most respected and honored citizens
of louisiana and once its governor, has recently 4
testified under oath that Thomas G. Anderson was
present when the returns opened and counted.
The knowledge has been brought home to Thomas G.
Anderson.
Mr. Hale-And on the other hand Colonel Zechare
who is equally responsible person in Louisiana and
gentleman of distinction and live Democrat, has
tesfed-and he witnessed the count there, as 1
know of my own knowledge that he believes Mr.
Anderson was not present.
Mr.. Ellis-He believes it; the other gentleman
swears to it.
MIR. Hale-Now, Mr.. Speaker, 1 have not gone over
ments, dates and figures, aud have got the testi-
mony to the results of this Vernon Parish which
were brought out last winter before the committee,
and it cannot be found that single motive existed
why Mr.. Anderson should have gone into this oense
of altering publishing uttering these forged re-
| turns. The vote Of the parish did not dstulb the
result for Governor for Legislature for presiden-
tial electors. have the figures before showing
| what was the record of that vote.
| Mr.. Harrison-Do not men do such things from
| force of habit?
| Mr.. Hale-I have no objection to any question be
| ing asked if when my time expires, gentlemen on
the other side will let go and finish my speech.
The Speaker pro tempore. The gentleman has ten
minutes time left yet.
Mr.. Harrison-The gentleman says there was no
motive; does he not know that men get into habit
of doing this sort of thing and do it without mo-
| tive?
Mr.. Hale-I suppose the gentleman knows that;
| do not. Great laughter)
| Mr.. Harrison-I do know 1t from history.
Mr.. Elam-Does the gentleman not know that a
change in these returns defeated Mr. Smart for Leg
isature, Democrat and also the Democratic district
judge and attorney general?
Mr.. Has-No, do not; tie gentleman is mistak-
/ en- about that.
/ Mr.. Eam-I think can show it.
Mr.. Hae-NCw L will summon here as a witness
as to this prosecution of Mr. Anderson, gentleman
| who was in Louisiana during the whole time of the
Lawrence committee, who labored and had daily
intercourse with all part les; who had no DISPOSE
ton to encourage so-called radeasm or the oppres-
sion Of the South but whose tendencies and associa
tons believe in the other direct ion; who was
| in Communication with the governor and with the
members of the Nichols legislature and whose let
ters and dispatches at that time illuminated the sub
ject more clearly than anything else which found
i in the newspapers. 1 refer to E. V. Smalley and
ask the clerk to read his opinion uron this subject
Just given in the Cleveland Herald of which he is now
i editor.
| The Clerk read as follows:
The whole performance of prosecuting the return
vassing the of the election in 1876 is the d
rect violation of pr omises made to the Presidents
commission in April by the Nichols legislature and
| by Governor Nichols himself. The legislature
passed resolution that no prosecutions should be
begun on account of any political acts in the past.
This was expressly intended to apply to the return
ing-board members and all the officials of the Pank-
ard government. Full conversations on this point
took place between the commissioners and Governor
Nichols. Speaker Bush, Congressman Gibson, Major
Burke and other leaders.ot the Nichols party, and
theresouton put through theLegislature that it
might be matter of official record. 1t upon
this understanding that the commission advised the
Packard Legislature to consolidate with the rival
body. and cOunseled Governor Packard to let bis fab
| lie OF government collapse.
Mr.. Hale-That tells the whole story, Mr.. Speak
er.
Mr.. Elam-Ons moment. The gentleman knows,
| presume, how many parishes there are-Rapides,
Grand and Saint Bernard. In the parish of Rapides
the Republican party had 16O majority. The elec-
ton returns thrown out in the parish of Grand.
The gentleman knows, presume, that by the Demo-
cratic count Grand Parish gave 12O Democratic ma
jority, and the vote of that parish was necessary
elect both the judge and district attorney on the
Democratic side.
Mr.. EDis-win the gentleman tell us who Mr..
| Smaley is?
Mr.. Hale-I supposed everybody here. knew who
| Mr. Smaley is. and supposed that he made himself
generally known in New Orleans in April last.
Further, Mr.. Anderson was not submitted to the
ordinary test that accused criminal submits 10 in
Louisiana. He never indicted. There was no
indictment ever found by the grand Jury of any dis
tric of Louisiana against him, although the attempt
was made before several grand juries He was tried
upon information filed by the district attorney when
Indictment had failed. Nothing in the case is more
alarming as showing th, persstency of the old ntol-
/ Grant spirit than this fact.
have talked within the last few days with promi.
nent lawyers from Louisiana AMI have tried to learn
whether in the experience Of lawyers in all the courts
OF that State it has been the practice tor district
attorneys to file information and push cases to trial
for felony or for any oense which will consign the
accused to the pententiary of the State. am told
that this almost obsolete proceeding this dangerous
and tyrannical proceeding in the hands of officer,
is resorted to in Louisiana only in Of misde-
meanor and petty offenses. In such cases it may be
done bY information where there is no necessity for
the scrutiny of that great tribunal upon which so
| much of our liberties depend-the grand jury.
Mr.. Ellis-What distinguished lawyer gave the
| gentleman that information?
Mr.. Hae-The gentleman knows that if my infor-
nation not correct he will have ample opportunity
| to show it. If he find in his State instances
where the case of man on Information filed had
been pushed to trial for crimes that would con-
sign him to the pententiary, let him show it at once
| Mr.. Robertson-Our laws authorize it.
| Mr.. Elam-Will the gentleman allow me to ask
| him question?
MIR. Hale-Yes, go on, seven men all at once and
ask all the questions you want to, for of course you
will allow me to have time to finish my speech.
| Mr.. Elam-Do you not know that all the constiu-
tons of Louisiana, from that of 1912 down to the last
one adopted by the Republican convention in 1868,
allow prosecutions to be carried on by indetment or