Year: 1873

and restore the honor of your govern
ment; for there never has been any
bribery, corruption, or other improper
influence which did not come privately
and secretly in that way. Let no man
say that we desire to cut off communi-
cation between the Representatives
and his constituents. All public
means of expressing his opinions and
wishes are to be left open the right of
petition shall be as sacred as ever the
privilege of being openly heard before
| the Committee shall be carefully Sc
cured the right of the people to as
semble and speak their will, or to dis
cuss their affairs through the press
shall not be denied. The Represen-
tative ought to be controlled in
some measure at least by an enlgiht-
ened public opinion, but it is not nee
essary for that purpose that he should
open his ear to the insulting whispers
of miscreants who now dog him up
and down the boardwalk and follow
him to his lodgings and stand behind
his chair when he votes.


V. Make all fraudulent acts of the
Legislature void As the law is now
held by all the courts, a legislative
grant, whether of money, lands or pri-
vlieges, is sacred and inviolable, no
matter how clearly you can prove that
it was obtained by fraud, deception or
bribery. This doctrine was established
seventy years ago by the Supreme
Court ofthe United States, in Fletch-
er VS. Peck. The case itself was a
fraud; it was made up at Boston by
two men who lived in Tennessee, both
of them having the same interest in
the same fraudulent grant, and the
counsel who pretended to argue it was
employed and paid to give the case
away. This is not publicly known,
but | assert it on the authority of
Judge Catron, who knew the parties
well, and was often told by both of
them that the case was sham, and
the judgment conclusive The prin-
eiple apparently decided by it is not
found in the common law, and is di-
reetly in conflict with common sense
and plain justice. 1t violates ali the
analOgies of our Jurisprudence. Not
only private grants but judicial DEGREES
and executive concessions are pro-
nounced mere nullities, when brought
into contact with any kind of corrup
ton. Yet the grocest fraud upon the
public or upon individuals when COM
mitted by or through the legislature is
consecrated and protected. 1t has
wrought intolerable mischief. 1t gives
infinite encouragement to the worst
form ofpublic immortality-it shelters
every villain of certain class who can
get away with his booty; and stiles in
quiry into the worst wrongs by making
it practically useless Iflegislative acts
were void from corruption, what man
or what corporation would think it
worth while to pay bribes? We
can and ought to abolish this abb
surd and iniquitous principle Let it
be done with such reservations as will
prevent any loss to innocent people, but
let US cease to pay a premium for leg
islative rascality.


vi. Swear or affirm every member
before he takes his seat, that he will
not only support but obey and defend
the Constitution in all things. The
oath to support it required by the Fed
eral Constitution, was intended as a
mere test of political opinion, to ex-
clude the enemies of the new govern
ment from office. To support does not
mean to obey. You support the
church when you rent pew and pay
the preacher, though you do not square
your moral conduct by its precepts.
But this preliminary oath being prom
issory in its nature, / do not think it
just to make the subsequent violation
of it punishable as perjury. Where it
has been taken in good faith with pure
intent TO keep it, breach of the prom
Use it expresses does not justify charge
of false swearing. That, among other
reasons, makes it necessary that there
should be another oath or affirmation
upon which perjury can be assigned.
/ VII. Require every member at the
close of his last session to Orender an ac-
count of his stewardship to his own
constituents at home. Make him
swear OF affirm, specifically, that he
has obeyed the Constitution, that he
has not listened to private solicitation,
or taken any bribe, or knowingly done
any other act in his official capacity
interdicted by the fundamental law, If
his hands are clean he will be willing
to show them. If they are not, and he
declines to show them, the public can
have no further need of his services,
and he should not be eligible to the
same or to any other office. The ne
f%oI kl,,a loaS ao&A Ill 90
fectually cut him off from all inter
course with the known lobbyists, and
free him completely from improper
influences, for unless he is moral
monster, he will not do thing with
the preeonceiyed determination to
swear that he has not done it. / do
devoutly believe that this measure,
connected with the others proposed,
will make our legislation as pure as it
was in the days of William Penn.


In conclusion, let me call the atten-
ton of gentlemen to the resemblance
between these provisions and those
which prevail in analogous cases of
private nature A member of the Leg
islature is charged with the admins
tration with the most important trust
known among men. Ifany body should
be held, and held hard to his duty, it
is he. Yet we only propose to enforce
his obligations by the same means
which we use against a private trustee.
When an executor, administrator or
guardian takes his duty upon him, you
swear him to obey the laws. When he
goes out you compel him to render an
account, on oath, in which he specifies
the particular acts he has done, and if
he swears falsely, you indict him for
perjury. And if he serves his own in
terest by making a contract in fraud
of his oeStm que l,uSt you hold his act
to be void. Why should not the great
trust of legislator be subject to the
same rules? Is it because you are will
ling the public trust shall be betrayed,
but desire the private one to be hon
estly administered This will hardly
be the answer of those who oppose us
What it Will be | know not.


THE editorial correspondence of the
New York South contains the follow
ing;


Morning found us at Nashville