Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-12-16
A Move of Mingled Audacity
and Absurdity."
Its TRUE INTENT And ANIMTS
An Assault Upon the Local SeIf-gov-
ernment Of Our State--0ur
Election Laws as True and
Fair as Any rim the
Country.
JUDGE HOUST0A'S DILEMMA



upon him by Judge John W. Houston
Mr.. Martin replied that he had received
the notice on the 4th instant, and that it
was very voluminous document, con-
tanning "a special counts or allegations,
and was evidently intended to be drawn
with all the psrticularity of a criminal
indictment.
"The fact is" said Mr.. Martin, "they
have very strong odor of district attor-
ney's Office, and impressed me with the
belief that they were prepared by some
! one who had an intimate personal dcgudt'a-
tance ioiM criminal ;ad,c ments As the
document is very long, 1 have had it
printed, the better to understand it, and
have no objection to give you copy.
hope the people Of Delaware will oompre-
hend the mingled eudacity and absurdity
of this move. / shall certainly avail
myself of this opportunity to fully expose
the shameful and nefarious methods pur-
sued by the manipplators of Judge Hous-
toms canvass. In my reply to Judge
Houston l shall sufficiently specify the
frauds and wrongs that were committed in
his behalf at the polls, as it is well that
the people of ID slawsre should understand
the true intent and animus OF Judge
Houstons pretended contest. 1t is an
assault upon the local self lf-goyernment of
our State.
1t is proposed, Mr. Martin continued,
!" to impesch the constitutionality OF our
lection laws. not by appealing to the
Judicial branch OF the Government, the
courts. of which are, and always have
been, like state courts, open to consider
and decide such questions, but by the
vote OF partisan msj ority of the House
of representatives, to disfranchise the
people of the State of Delaware until their
laws for the assessment and collection of
taxes shall suit the whim and caprice of
party majority. Such a claim Of power
ID without precedent, and will reach further
than Judge Houston and his short-sighted
friends seem to think. Ii is well known
there is not one.half the difficulty in pro-
curing the assessment qualification of any
voter in Delaware there is under the laws
OF Pennsylvania, New York, Massachusetts
and many other Republican states l can
scarcely imagine that so revolutionary
project will be approved even by ma
jorlIy of radical partisans p"
Rsporter-"What are Judge Houston's
general allegations ?"
Mr.. Martin-"Well, you can see by the
copy have given you, that he claims over
10, 200 votes which ought to have been
cast and counted for him, and which
would have given him, together with those
that were counted for HIM, "a 53S votes.
lie also claims that there were cast and
counted for me Improperly over 8 S00
votes, which would leave mt in the State
ous i, 667. In other words. Judge Hous-
ton gravely asks Congress and the people
Of Delaware TO believe, ani says he is
Confident that he can substantiate 1t by
proof that there were nearly 20 600
cases of iilegality at the late election.
-porter--'tDo you thipk, Colonel, that
| there is anything unjust, partisan or un-
constitutional in the present assessment
laws of Delaware?"
Dir. Martin Nothing in the world.
! They make no Determinations OF an ut
constitutional character, and under their
! operation no man of the most moderate
intelligence, black or white, can be pre-
vented fiom Qualifying himself to vote,
| from voting once and having his vote
airiy counted. l shall be only to glad to
! r,fute the ISLANDERS of the Republican
/ psrty aud press in and out OF the State,
| by showing that our election laws are as
tree and fair to men OF all parties as any
| in the country"
| Reporter-"What was the character of
the canvass this fall?"
1 MIR. Martin-"On our side it was public
| and active; in Sussex county our meetings
were frequent, largely attended ana enthu-
| slastic. Tue Republicans, on the contrary,
almost abaI doned the open canvass in that
county, but, as the sequel showed, substi
tuted a secret canvass of the most lawless
and corrupt nature. When l shall show
by proof, that cannot be doubted, the
sNF snta ha fasa hxs
the Republican committees, the names of
the men who received aud distributed it,
and the debauchery that some of our
people practised with it, l think the
authors of this pretended contest will find
themselves and their party covered with
shame and confusion"
Reporter-''I understand Judge Houston
claims to be the member elect from the
9TH Of March, next"
Mir MHrtin-"Nes he does so plainly
Ms you will see by his notice to me, and il
seems 10 mt that he will De involved in Il
serious qusodary II he continues his con-
test afteE the It'll OF March without resign
ing his judgeship. the constitution of
Delaware expressly prohibits any member
of Congress from holding or exercising
the Office or powers OF ju6ge or any other
Office to which salary is annexed. by
another provision, a irdge is prohibited
from holding any other Office of profit, or
receiving any other fees or perquisiies in
addition to his salary. Should II Republl-
can House OF Representatives declare
Judge Houston entitled to a seat in CON
gress, his term would be held to commence
on the 4th OF March next with salary
from that date, and this would be incoui-
pstible with his holding the office OF judge.
III Delaware, with a salary attached to
that office as well as his salary as State
reporter. He woEid be drawing three
salsries at once, one from the United
States aud two from our State, in violation
of her constitution. The effect OF this and
the remedy for ii would be tor the Legis-
lature to determiue. furthermore, should
Judge Houston be refused seat by the
majority OF the House of Representatives.
he could not retaining his office OF judge,
receive ANY allowance which ip some case
ia made to unsuccessful contestants for
that would also bs in conflict with the
constitution OF Delaware. In short, can.
not but consider Judge Houston has acted
upadvlsedy, or rather under the influence
of bad advisers, in the step that he bss
been induced to take, or that they have
taken for him."
Reportsr-"Do you SNOW Of any ur-
lawful exclusion Of the colored people Of
the State from their right to vote
Mr.. Martln--"No. on the contrary Il
= will be proven that in proportion TO th,
aggregate number of their race as dis
closed by the census, their voting ratio
, was much greater than that of the white
people, aud 80 much greater as to Great,
Il strong implication of fraud
Reporter-"Were there any protest.
fled by any of the United States super
visors i'll Delaware at the late election ?
Mr. Mgrtin-"None whatever, tha.
have heard Of, although supervisors o
assessme nts, as well as elections, were ap
], pointed, but shall cause the true histor,
9 of the late election in Delaware to b
S made public. It affects the rights of tn
4 people of the State, Of whom believe
e am honestly and fairly the representative
, II did not think so would not take m
/. seat and l do not believe there is an
It more doubt of this fact in the minds o
$ Judge Houston and the men who inst
n gated and prepared his petition, than ther
is in mine.