Year: 1877

agreement Win HELL


Mr.. President and Gentlemen had


not from the beginning, and have not


now, any Intention to argue this case.


never heard the objections nor knew


what they were until they were read in


your presence this morning. It would


be presumption in me to attempt an ar.
gument before tribunal like this, and


on on 8; such ',la q case as this, having had no


previous opportunity to consider it


which might put nae In condition bet


ter than the judges themselves. You


have heard as much of the case and
know as much about it rs I do.


MY idea of the duty which eoun-
selor owes to court or any other tri-


bunal, judicial or quasi-iudieial, is that


he should never open his mouth except
for the purpose OF assisting the judges


in coming to a correct conclusion; and
II he is not In situation to do that he
ought to keep silence.


Besides that, / am. I suppose, the
very last man Ia 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 wear and tear of
conscience and some by deep sense Of
oppression and wrong. But perhaps I,
more than most others, have felt the
consciousness that I have lost the dig
nifty Of an American citizen. Like the
rest l am degraded and humiliated.
This nation has got her great big foot
In trap. 1t Is vain to struggle for her
extrication.


I am so fallen from the proud estate
OF q free citizen, you have so subjected
and AFFECTED me, that / am fit for
n nj h rfr f.f1 III ht1t ~ L..
poor, defrauded, broken hearted De-
moeracy. And because / suffer more
they think me more good for nothing
than the rest, and conclude to send me
out on this forlorn hope, judging, no
doubt truly, that it matters nothing
what becomes OF me. / ought to go
gladly il anything which I can do or
say might have the effect Of mitigating
the horrible calamity with which the
country is threatened: President de-
riving his title from a shameless swim
die, not merely fraud. but fraud de-
tected and exposed. l know not how 1
would feel II called upon to suffer death
for my country. | am not the stuff that
martyrs are made of. But il my life
could redeem this nation from the in
fanny with which she is clothed, ought
to GO to the grave us freely as I ever
went to my bed. / see, however, no
practical good t at [ can do, and it Is
mere weakness to complain.


We have certain objections to the
counting of this Hayes vote from South
Carolina which look to me insuperable,
but I cannot hope that they will wear
that appearance in other mems eyes.
Perhaps the feeling which / In common
with millions 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 d
learned spirit; no passionate hatred Of
vision or shake the even balance Of your
judgment. You do not think it any
wrong that nation should be cheated
by false election returns. On the con-
trary, it Is rather q blessing which
Heaven has sent us in this strange dis
gutse. 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 orr
political salvation. You will teach lis
and perhaps we will learn (perhaps not
that under such a rule we are better off
than Ii Truth had prevailed and Justice
been triumphant.


Give, then, your cool consideration to
tuSSS ObJtCtlV15, hnu bAy IA6ul ny Inc
standard of the law. [ mean the law as
it was before the organization of this
[ admit that since then q
great revolution has taken place in the
law. It la not now what 1t used to be.
All our notions OF public right and pub
lie wrong have suffered o complete



The question submitted to you is
the persons who gave these
votes were duly eppointe J." 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 Carolina, and the authorized acts
Of her Legislature-these, taken all
together, constitute the law Of the case
before you.


BY these laws the right, duty and
power Of appointing electors is given
to the people Of South Carolina; that is
to say, the citizens OF the State qualified
to vote at general elections. Who are
they2 BY the constitution of the State
In order to qualify them as voters they
must be registered. The registry Of a |
native citizen is q sine qua non to his
right of voting as much as the natural |
Ization of foreigner. i


Now, the Legislature never passed |
any law IOr tne reglSCratlOn OF voters, |
and no registration Of them was ever
made. No doubt has been or can be
that the object and purpose
Of this omission was fraudulent aud |
for the Legislature as well
rs the executive department OF that |
government has been In the hands OF |
The most redemptionless rogues on the
face OF the earth. But whatever may
have been the motive, nobody can doubt
hat the legal effect OF the omission Is |
70 make the election illegal.


election itself, emancipated from all
aw and all authority, was no better
han riot, a mob, q general saturnalia,
q which the soldiers Of the United |
states army cut the principal as well as
,he decentest figure. We offer to prove
the offer will go upon record, and |
here it will stand forever-that every