Year: 1877

the hustings and counted the votes.


But then we cannot get behind the


returns, forsoothl Not we You will not


let u.s.. We cannot get behind them,


NO. That Is the law, of course. We


may struggle for justice; we may cry


Tor mercy. we may go down on our


knees, and beg and woo for some little


recognition OF our rights as American


citizens; but We might as well put up


our prayers to Jupiter or Mars, We


might as well sue in the court where


Rhadamanthus presides. There Is not a
god on Olympus that would not listen


to US with more favor Ta pause then


turning slowly round to counsel at the
other end OF the tablel-than we shall


be heard by our adversaries. We are at
their mercy; it Is only TO them that we
can appeal. You. gentlemen, unfortu.
nately, cannot help US. You are bound


by the new law which you have made.


lou are. OF course, addicted like other


people to the vice Of consistency, and


what is done once must be done over
again.


In the Louisiana case the people ap-
pointed electors in favor Of Tilden, re-
corded their act, finished it, and left
their work in such state that nobody
could misunderstood it. But other per-
sons. who had no power to appoint, fall
sifled the record Of the actual appoint
ment, partly by plain forgery and part
lY by fraud which was as corrupt in
morals and as void In law as any for
gerry could be. You thought it right
aud legal and just to say that you
would not look at the record which the
| people bad made; the forgery, the
fraud, and the corruption were too
sacred to be interfered with the truth
must not be allowed to come in conflict
with the imposture, lest the conclusion
might be damaging to somebody.


This precedent must be followed. It
is new law, to be sure, but we must give
It due welcome; and the new lords that
1t brings into power must be regarded
as our livery noble and approved good
masters" Having decided that electors
were duly appointed in Louisiana who
were known not to be appointed. we
cannot expect you to take notice of any
fact similar pr kindred to 1t in South
Carolina.


Then, again, the question of "auly
appointed" was decided In the case Of
Levisee, an elector who was an officer
OF the United States Government at the
time he was appointed. and continued
to be afterward. The Federal Consti-
who is In that relation TO the Federal
Government. But you held according
to law, mind youj that he was lawful
eleetor and his vote good vote. In
other words, n thing is perfectlyconssi-
tutional, although it be in tKe very
teeth Of constitutional iuterdict.


Now you see why we are hopeless.
The present state Of the law Is sadly
against US. The friends Of honest cleo
tions and honest government are in
deep despair. We once thought that
l,fT fstinr r. E.sx4 4Er,.x
of Congress ought to be brought always
into requisition for the purpose of see
ing whether the thing that is brought
here Is forgery and u fraud on the one
hand, or whether it is genuine and
true certificate on the other.


That time is past. But while we can.
not ask you to go back behind this GER
titlcate, will you just please to go to it
only to it-not o step behind. II you
do you will find this to be no certificate
at all such as Is required by law. The
electors must vote by ballot, and they
are required to be on oath before they
vote. The certifica does not show
that either Of those requirements was
met, and where q party is exercising o
special authority like this they must
keep strictly within it, and you are not
to presume anything except what ap-
pears on the face of their act.


II anybody will cast back his mind q
little into the history Of presidential
elections or look at the debates Of less
than year ago, he will remember that
Mr.. Jefferson was charged with having
elected himself by means of, not
fraudulent, but merely an informal vote
sent up from Georgia. The informality
envelope, but in the outside verification.
Matthew i. Davis In 1887 got up that
story. It was not true, but it was be.
lieved for awhile, and it cast great
odium on Mr.. Jefferson's memory. It'll
was not On informality that was nearly
as important as this, nothing like it.
But one Of the Senators now on this
bench referred to 1t in debate only O
short time ago, and denounced Mr..
Jefferson as having elected himself by
fraud because he did not call the atten.
tion of the Senate and House Of Repre-
sentatives to that fact.


II Mr.. Jefferson's memory ought to
be sent down to posterity covered with |
infamy on the assumption that he in |
his own case allowed vote to be count |
ed which was slightly informal on the |
outside Of the envelope, / should be glad |
to know what ought to be done to those |
who would count this vote which has |
neither form nor substance, which |
leaves out all the essential particulars |
that they are required to certify?


This great nation still struggles for |
Justice; million majority OF white
people send up their cry, and majority |
of more than quarter Of a million Of |
all colors demand it. But we cannot |
complain; I want you to understand |
that we do not complain. Usually 1t is
said that "the fowler setteth not forth |
his net in sight OF the Bird" but this
fowler set the net In sight Of the birds
that went into it. 1t is largely our own
fault that we were caught.


We are promised-and I hope the
promise will be kept-that we shall
have q good government, fraudulent
though it be; that the rights OF the
States shall be respected and individual
liberty be protected. We are promised |