Newspaper Page Text
The Blotoral Conspiracy.
them as-elear as the sun. They shut
their eyes upon the record, and re
faed to see "how many and what
peroons were duly appointed elec
tors"by,the. people, but listened ea
getly tVte'evidenc (alinunde though
It was) which showed "bow nany
and what persons" had been desig
nated by the returning officers. It
was ultimately held (eight to seven)
that the appointens of the returning
board were duly appointed, and the
appointees of the people were unduly
appointed. Did the eight suppose
that the legal power to make such an
appointment was vested by law in
the returning boardl Did they think
it was not vested in the people? No,
that is impossible. But they may
have conscientiously believed that
the interest of their faction would be
well served by Hayes' election.
They may have been prolnpted by a
virtuous admiration of carpet bag
government, and were sincerely anx
tons to save it from Mr. Tilden's re
But this decision in favor of frand
which 'so shocked the common sense
and common honesty of the nation
was not made without some attempt
to justify it. The eight gave reasons
so many and so plausable that Kel
logg and Wells must have chuckled
with delight when they board them.
One argument very seriously urged
was that it would be troublesome,
and required a great deal of time, to
ascertain who was duly appointed by
the people. It was much easier to
accept the false vote and say no more
about it. To decide how many and
what persons got certificates from
the returning board was a short and
simple process; but to push the in
quiry behind that--to inquire wheth
or the certificate was honest, to look~
for the evidence which would showv
who were duly appointed-hic labor
opus est. The seven reminded the
eight, but reminded themt in vain
that the due appointment, which no
bodhy in the world except the peopk(
had the least right to mnake, was th<
very thing which they were to fints
out; and they could not be excused
from a duty to which they wor<
pledged and sworn by the mere in
convenience of performing it. Be
sides, the eight knew very well that
there was no diffculty in it; it was
but looking at the record of the ap
pointmnent as the people1 m ado it up;
they could road it as they r'an; the
truth was plainer than the lio; the
honesty oT the case was easily seoen as
the fraud. But no persuasion could
influence thorn to cast even a glauce
at the actual appointment. What did
thoy think this commission was made
forf Wby was this groat combination
of learning and statecraft sot up. Ac
cording to the eight its 8010 purpose
was, not to determine any matter in
dispute between the p)arties, but
merely to declare that the returning
boards had certified for th~e Hayes
electors; which everybody know al
ready, and nobody ever denied. If its
objeot was what the law said-to do
ci de who were duly appointed--then
the eight succeeded in making it
merely a splendid aboration, because,
among other reasons, it was too much
trouble to make it anything else.
UEDGJING FOR OREGoN.
But the commission, following the
ioad of counsel for Mr. Hayes, insisted
that the certificate of the pr"opor Stato
offier ought to be regardod as con..
elusive evidence of the appointment
made by the people, it is uundoubt
odly true that the State has a right to
speak on this subject through her
own organs, and when she does so
speak, her voice should be regarded
as true. But whbat officer is her proper
organ? The Governor being her po,
litical chief, and his certificate being
required by act of Congress, it would
not have been unreasonablo to hold
that it was conclusive unless tainted
with fraud. The Bayes electors had
the executive certificate in Louisiana
and Florida, and this, in regard to
those States, gave the eight a groat
legal advantage. But they threw it
away, abandoned ;the attestation of
the Governor as worthless, claimed
no faith or credit for it, and pronunced
it open to contradiction, no matter
how honestly it may have boon given.
What was the moaning of this phono.
'monaI ruling which apparently oponed
the dloor of investigation even wider'
than the )Jemocrats asked? It was
understood by overybody. The com-.
mission was hedging for Oregon. The
eight were r0aching across to the Pa
ci fic for the one Vote thero, which was
e assimortaIIt as the twelve on the
Bdt btwing kono behind the Gov,
ert6re e ertificate for the sake of cor,
rsting erors, could there be any pos
sible 3ustification for stopping bforo a
the truith was reached? Ii t.ho und.
of the commonwealth, whose attesta?/
tion is required by Federal law, went
for nothing whenever it was ontri
diotod, how could the conclusiveness
be assorted of a paper mado by subor
dinato officers unknown outsido of the
State, and powerless even by the Jocal
law to make a certificate of more
than prima facie validity? Yet the
elootoral commission (eight to seven)
decided that the Governor's certificate
might be set aside for a mere mistake
of law or fact, while that of the re-%
turninx board would stand, though
known to be founded on falsehood
and saturated all through with cor
The unvarying proforenceo of the
eight commissioners for the false over
the true becomes very striking at this
point. When they got behind the
Governor's pap ors, they found lying
aliundo two oter sets of documents,
one of which was a record of the ac
tual appointment made by the people;
the other was a more fabrication of
tho returning board without any som
blanco of truth; they embracod the
latter with all the ardor of sincero af,
fection, and rejected the former with
all possible marks of their disliko.
THE INFAMOUS EIOhT.
The eight commissioners did not
stop there. They went much further.
They practically justified and rus
tainod all the infinite rascality of the
returning boards. They not only re.
fused to tako voluntary notico of the
atrocious frauds perpetrated by thom,
but they excluded the proofs of their
corruption which the Democratic
counsel held in their hands and offer
ed to exhibit. 'I hoso commissioners
choked off the ovidonco, and smoth
orod it as remorselessly as Wells and
his associates suppressed Democeratic
returns. And this they put on the
express ground that to thorn it was
all one whether the action of these
boards was fraudulent or not. They
voull suffer no proof of corruption to
invalidato the right claimed by a
Hayes man to put in the vote of a
State for his candidate.
This monstrous and undurablo out
rago was resisted to the utmost.. All
of the seven implored and protosted
against it. Judge Clifford, tlho Pro.
sident of the commission, laid it down
as a maxim of the common law that
fraud vitiat.es whatever it touches,
and pr'ovod,it undoniably. IIe might
have provod more, it is not merely
a maxim of the common law; it . be
longs to all countries and all ages; no
Icode can claim it exclusively; it por,
vadoes all systems of jurisprudence; it
has its home in every honest hoart; it
isj the universal sentiment of all julst
men; it applies to all humnan dealings.
Judge Field looked in the face of the
majority, and told thorn plainly that
their disregard of this great princi.
p)1o was "ais shocking in morals as it
was unsound in lawv," and added: "It
is clementary knowledge that fraud
vitintes all p)roceedIngs. even thec most
solemn; that no form of words, no
amount of ceremony, no selomn: ity of
proceeding, can shield it from Cxpos,~
110 0or pr1otect 'ILs structuro from as
sault and destruction." But the eight
were as (leaf as adders to the v'oico of
reason and jusitioo. They would not
permit the fraud to be asisauhlod, mutch
I ees to be destroyed. They stood over
it to shiold it, protet it, and save it,
interposing the broad &agia. of their
authority to cover it against every
The eight persistently denied their
poder or that of Congress to do wvhat
they were commanded by the law to
do-that is, decide who were duly ap
pointed. T11hey would only decide
that certain persns wore namtod as
electors by a returning board. They
would not understand that the ap,
pointment by the people might be one
thing, and the action of the returning
board another, or that the latter, even
as evidence of the former, was worth
less if it was fraudulent.
FRAUD UNDER TIIE FORMs OF LAw.
In all the discussions of the subjoct
the men disposed to favor the conspi
racy professed a most profound vene,
ration for the "forms of lawv." This
was the keynote struck at Now Or
leans by the visiting committee, and
it is heard in overy subsequent argu,.
mTonL of counsel and commissioner on
that side. It scorned to be understood
among thorn that a formal cheat was
perfectly safe from exposure. If' the
sepulchre was whited on the outside,
it made no difference that it was filled
with "corrnption, dead men's hones
and all uncleannoss." No refugo of
1ies could be swept away, no hiding
place of f alsehood could ever be un,
covered, if it was built in theo pros,
eribed form. Only give it the legal
shape, and the overdowing scourge
would be turned aside. But legal
form, however valuable as a covering
for fraud, was in their judgment, no
protection for truth or justice or p)ub..
lie righit. The will of Louisians was
pronounced at the election with all
the solemnities req&irod by the law of
the State and of the United States.
The appointment of the Tildcn elec,
tors on the 7th of November was a
perfectly legal piocc of work; there
was not a flaw in the record of it as it
came from the hands of the appoint-.
mng power. But it was looked on wvith
perfect contempt. Neither the visit,
ing committee nor the Hayes counw~
eel, nor tiho eight ommissioners, be
stowed on it any of their love. Their
affootions wore otherwiso engaged
they gavo the homage and devotion
of their hearts to the beautifulro u
which "hereu'rno ing botrd coodpound.
ed itsl'flso certi ffcato.:
Another paradox of the eight is ou
rious ouougb to:be, noted. They do
clared repeatedly thit they had no
power to try a cont6stod olectIdrcnaso,
and for that rmson they .would. not
oolt at tho ev nce whidh showed
what persons woro duly appointed
electors by tho pooplo Now markl
The case was this. Each of those
vots q. abo anied b v)hat WA
assorted to beir6dfUthatit Was 'cast
by electors duly appoined. The con
fliovrwas to be determindd ,by the M6r
ifying powrhlh o ss e
tionably has, and which the coiijA-.
sioners expressly assumed when thoy
swore that they would' ded6 - who
were duly appointed. To decide it
one way or the other required precise
ly the same jurisdiction, and called
into exercise exactly the samo facul
ties. Yet they held that if they; do
cided adcoi'mg Lb the truth in favor
of the cloctori actually appointod they
would bo trying a ocntested elootion;
but if they decided in favor of the pro
tenldors, who had nothing but a fraud
ulont cortificato, they would not be
trying a contested election; in other
worda, their jurisdiction was full and
arnplo to decide it falsely, but wliolJy
unequal to the duty Qf duciding it
THB FULL EktEN'T o' T1HE OUirtAGE.
Aftor all, there was but one ques
tion before the commission. Had the
American people a right to elect their
own Chief Magistrate? They had the
right. Thoir ancestors struggled for
it lqng, fought for it, often, and won
it fairly. Boing ombeddod in thoir
constitution, it cannot be destroyed
excopt by a force strong enough to
overthrow tho organic structiro of
the government itsW. Legislative
enactments or judicial docisions arc
powerless either to strongthen or hims
pair it. The ledgerdomain of law
craft, the catches of special pleading,
the snapporadoes of practice, do not
help us to docilo a matter like this.
A great nation must not be impalled
upon a pin's point. Pronodents which
might bind a court of quarter sessions
determining the settlement of a pau
per cannot tie up tho hands of the su
promo legislature dofending a funda,
mental right of the wholo peoplo.
V hen Grenvillo, in 1796, cited the
authority of divers cases to show that
America might be. taxed without rcp
rosentation. Pitt answorod:~ "1 come
not here armed at, all points, with the
statute book doubled down in) dOg's
eairs to defenmd the cause of liberty. I
can acknowledge no veneration for
any procedure, law or ordinance that
is repugnant to reason and the first
prVinciples of our constitution. 1 ro,
joico that Ameriica' has roBi.stOd." S3o
spoko( the defiant friend of our race in
the prosoence of a hostilo Parliament
ton yoars bfore the doclaration of
lndepe'ndec. And now, after this
lon)g interval of time, w e behold ouui
groatest right-the right on which all
other' rights depond-successfully as,
sailed in our own Congress with th(
same small weapons that GAronville
used, If brute force had crushed it
out, we might have b)orno the calamni,
ty with fortitude: but to isee it circum
vented by knavery and p)uttifogged to
death, is too much to be endured with
any show of patienco.
If the majority of that cornmissioni
could but havo realized their responsi
bility to God and man, if they could
only have understood that in a froc
country liberty and law arc unsepara.
hio, they qould have been enrolled
among our greatest hoenefact,ors, for
they would have added strength and
grandour to our institutions. But
they could not come up to the height
of the groat subject. P arty passion eo
bon umod their faculties that a funda
mental right seemed nothing to them
when it came in conflict with some
argument supported by artificial roa,
soning, and drmawn from the -supposed
analogies of technical procedure. Tile
constitution was, in their judgment,
outweighed by a void statute and the
action of a corrupt returning b)oard.
Let these things be remembered by
our children's children; and if the
friends of free government shall ever
again have such a contest, let them
take care bow they leave the decision
of it to a tribunal Jike that which bo%
trayed the nation by enthrontng the
groat_fraud of 1876. J. S. BLACK,
iLL USTRA TED PICEDI CA TA LO0UGE
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-8ehtor--R E Bowen.
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Clerk of Court-J4ohn J Lewis.
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Coroner----Borry B Earle.
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man--John T Lewis, Thos P Looper. Clerk
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Arrive at Summerville
Conneots at Kingille dWfy [eze tne
days) with Up and Down Day. and asseng
Day and Night Trains oonue4t 44
with Georgia Railroad, Macon an A.
Railroad and Central Railroad. k1 , '
via Atlanta Is the qniokest and tWstdx"6
route, and as comfortable and cheap as any
other route, to Montgomery, Selma, Mo$1e,
Now Orleans, and all other points Sodth#et,
and to Louisville, Cincinnati, Chleag% W
Louis, and all other points West: and- No*th
west. I ,
Day Train connects at bolumbia wt the
Through Train on chaflottee Road (which
leaves at 9 p. im.) for all points North. -:
Night Train connects with Loal Tr"I
[which leaves Columbia at 8 a. m.] fojtn
on charlotte Road.
Laurens Railroad Train connects at ie.
berry on Tuesdays, Thursdays and 84(he.
Up columbia Night Train connects closely
with the Greenville and columbia Ralroal.
S, S. SOLOMONS, Superintendent.
S. B. PtcKEss, General Ticket Ageni.
Greenville & Columbia R4.
CHANGE OF SCNEDULE'
Passenger trains run daily.Sunday* 9 oejt
ced, ConnelCting with night trains en Sout14
Carolina Railroad up and down. On End af
or Monday, July 9. 1877, the following wiL
be the Schedule.
Leave Columbia at7.6
Leave Aiston at 92
Leave Nowberry at O8%
Leave Cokesbury at 15
Leave Bielton at .*pu
Arrive ait Greenville at 60
Leave Greenville at7.0h -
Lea~ve B3elton at
Leave Cokesburya A
aicave New berry at. 2.0a
Leave Alson at 86
Arrie atColubia t.7.80 P n
~~~Concctat Aston ith 9rain oa th
Spnranhug an Unon Rilrod; .88n% as
olin Ralroa upand own; a .00t Tr*o
going orth nd Souh on.he0Cb1asti '
Trai leae Abevile at9.15a1.1 a na .
Cok~buy a 2.6 pin. conecin .wit p
Arrive ato Columbia. Acomtdto T.8 p
Monias,Conneasond idTans. oLthe
Colknburat 11.15ig a Trinso on te a.outh ear
own raidun ow renvile.t Trase
goinge aot. 1n S'couth p..onectin th,
Trmi frod Aouusta.adteWim n
ANDESONBRANCHL BANCH. EPO
TriLeave Aaa atvil at9.5a . aonec
ingawit edon Tain 7rmGenil.8 ea e
LoeveAnrsoat .5p ..onetngwt Sp
ATrin ato Columbat Accmmdaio a
Loevebeltry at 1188.,o0nth ria of
Leae AondTrsin atmGeevle Leave pAb
Leave Wanlaloa at 6.60 a a
Leave Perryvillo a8 .48 p a
LArve PendWetonaata 7.865 a
LeAnderson Tusays hrdy and6 5a
dAys Lieav Belton at 9.0. i.,oro a-a
Laveo BDon Tainfo Grevil.g Le
Anerso Atro 2.0 pd.50oot-ctngw h
LeAvIeZOTN Prndletonrat 5.50e A g
LArve Wetminsteat . 07.5 p a
LAder cenTu sayl aturday 12nd Sa
dayve Leae at onat9.048.,o o ai
LavefDw Tnfo Greenville. 1 Lav
Arrivea t iChotte A irin Relay
WRsEINITn TRAN sAstwaaD---AILI'
Leavesa Atlanta at .7~ d.
Leaves ToocoaCt at 8 26 p as
Leaves Wstminisiter at 6 15 p
Loaves Beneca city at 0 05y a
Loaves central at. 10 32 p a
Leaves Easloy at 60 ag a
Leaves Greenville at 840g a a
Loaves Spartanburg ati . .a
Arrivo at charlotte at d 10 p a
Leaves t)alanttaat 7 yl-5aps
L~eaves Toparab at 86 45~ p
Leaves Wrestnvie at 51
Leaves Cenra cit at 608
Leaves Cnalyat 1.4 ja
Leavoec aiey at 6 a
Leave Greetnsiler at ''0aM
Leaves Spcatyr at . 1140a
Arrive at Atlanltt at 64 10pa
PAsEGERT TRAIN WI8TwARD--A&,T
Leaves Charlotte at 710. p g
r1eaves Spartanburg at. 15 e,p a1,
Leaves G reenville at 12 .
Leaves Easley at '
Leaves Contrail ao ' a4 g
L.eavos Seneca City at 2a
L~eaves Westmilnster at~ g
L.eaves Toccoa Ciat8
arrive at Atlanta at,. 46
leaves Greenville at