Year: 1877

Electoral Tribunal, ..on Tuesday,
FEB. 90. ''A


From the Congressional Record.


Mr.. PRESIDENT AND GENTLEMEN I
had not, and have not now, any intention
to argue this case. never heard the OBJ
jections, nor knew what they were until
they were read in your presence this
morning. 1t would be. presumption in
me to attempt an argument before trib-
unal like this on such case as this, hay
ing had no previous opportunity to con-
slider it which might put me in condi-
ton bctter than the judges themselves.
You have heard as much of this case and
knows as much about it as l do.


My idea ofthe duty which counsellor
owes to court or to any other tribunal
judicial or quasi-judicial, is that he should
never open his mouth except for the pur-
pose of assisting the judges, in coming to
q correct conclusion; and if he is not in
situation to do that, he ought to keep 81
lence.


Besides that, am, Isuppose, the very
last man in this whole nation who should
be called upon to speak here and now.
Everybody has suffered more or less by
events and proceedings of the recent past
some by deep sense of oppression and
wrong. But perhaps 1, more than most
others, have felt the consciousness that
have lost the dignity of an American
citizen. l. in common with the rest, am
degraded. and humiliated. This ma
tion has got her great big foot in trap.
1t is vain 10 struggle for her extrication.


l am so fallen from the proud estate of
free citizen, you have so AFFECTED me
that am fit for nothing on earth but to
represent the poor, defrauded, broken
hearted Democracy. And because suf-
fer more, they think me more good for
nothing than the rest, and conclude to
send me out on this forlorn hope, judg-
ing, no doubt truly, that it matters moth
ing what becomes of me. ought to 90
gladly if anything which can do or say
might have the effect of mitigating the
horrible calamity with which the country
is threarened President deriving his IT,
tie from shameless swindle, not merely





ed. know not how would feel if call
ed upon to suffer death fer my country.
am not the stuff hatmartyrs are made of
but if nay life could redeem this nation
from the infamy with which she is cloth
ed, ought to go to the grave as freely as
l ever went tony bed. see, however,
no practical good thatl can do, and it is
mere weakness to complain.


We have certain objections to the coun
ting of this Hayes vote from South Caro-
lima which look to me insuperable, but 1
cannot hope that they will wear that ap-
pearance in other mems eyes. Perhaps
the feeling which in common with mil
lions of others entertain on this subject,
prevents us from seeing this thing in its
true light. But you are wise; you are
calm. You can look all through this
awful business with learned spirit; no
passionate hatred of this great fraud can
cloud your mental vision or shake the
even balance of your judgment. You do
not think it any wrong that a nation
should be cheated by false election re-
turns. On the contrary, it is rather a
blessing which Heaven has sent us in this
strange disguise. When the omnipotent
lie shall be throned and sceptered and
crowned, you think we Ought all of us to
fall down and worship it as the hope of
our political salvation. You, will teach
us and perhaps we will learn (perhaps
not) that under such rule we are better
off than if truth had prevailed and justice
been triumphant.


Give, then, your cool consideration to
these objections, and try them by the
standard of the law. mean the law as
it was before the organization of this
commission. admit that since then a
great revolution has taken place in the
law. 1t is not now what it used to be. All
our notions of public right and public
wrong have suffered complete bo,lte
reTSement.


The question submitted to you is
whether the persons who gave these otes
were "duly appointed" Duly, of course
means according to law. What law!
The Constitution of the United States, the
acts of Congress passed in pursuance
thereof the Constitution of South Carroll
ma, and the authorized acts of her Legis-
lature-these, taken altogether, consti-
tute the law of the case before you.


By these laws the right, duty and power
of appointing electors is given to the peo-
pie of South Carolina; that is to say, the
citizens of the State qualified to vote al
general elections. Who are they? By the
Constitution of the State in order to
qualify them as votes They must be regis
tered. The registry of native citizen is
sine qua non to his right of voting a:
much as the naturalization of foreigner
| Now, the Legislature never passed any
law for the registration of votes, and NJ
registration OH them was evermade. Nc
doubt has been or can be entertained tina
the object and purpose Of this omission


was fraudulent and dishonest; for thu
, Legislature as we'll as the Executive De


partment ofthat Government has been il
the hands of the most redemptionles


rogues on the face of the,earth. But what
ever may have been the motive, nobod,


can doubt that the legal effect of thi


omission is to make the election illegal


That is hardly the worst of it. Th
t election itself, emancipated from all Law
, and all authority, was no better than |
riot, mob, general saturnalia, in whicl
the soldiers of the United States arm.
+ cut the principal as well as the decenes