Address Of The National Democratic Committee
Washington', March 4. At the caiicus of tlie Democratie iñembera of tlio House of Representativos, liold on tbc 3d j of March, 1877, the following addresa mi unanimously adoptod. 1. Q. C. Lamah. Chairtnan. Henhy IJ. Bannino, Wm, IL TionniNH, Secretarios. At n meeting of tlie membera of the National Democratie Oommlttce, held on the 3d day of March, 1877. the following address waa unanImoualy adoptcd. A. 8. Hewitt, Chairman. P. ö. Fauna, Seeretary, ïo tbc Aniericau Peoplc : We submit to the country the following rcviow of the cventa whioli hT rcsulted in the I doelaratinn that lilithcrford I), ïlaynn hun bpen elected l'renidcnt of the United Htates. In the late political canvass twö fact stond out proniinently : First, the ftepublicin party, truc to its soctional nature, BOttght to nnify the TÑorth agaiiist tho " ilid Soutli," and whilc engaged in that effort it wa Btrlving to mnkc good its probable losse in the Northbydividing the votes of the Houth. Tliis división it sought to effefit by the unPoiiKtituttonal use of the army in ! Htmtli Carolina, Florida, and lioUisiana Wond, the troops re sent to tboe Htates faen therfl 'was neither i tiiBicin nor domestic iuMurrcctinn to reqnire them. Witli lgislatures ensily to hc eon1 vened the only drninnrt tor thcir prosence was made ly t]ic State Executive. The eloetions in tbesc States, tlierefore, were lield in the shadow of militurv ])vit. The bayonets glistenrd at : [the polla,, In depoxiting their ballots (he eiti■ zeiis enjoved oniy nucli l!l:ciiy ns the :mnv per mittod. In ofher States the ileotions were ununnally pescetol. hmnrli;toly afterward tbr le.siilt' showed thnt lflti Tilden qtóctpBfl had been choson. and óf the whole popular vote thry reet ivrtt a tnajoHty of morothan a qnarter . nf í! iinüiim nnd rtf tlint oí tlie ('oiieasiaii race. ll il III III 11 Ml, l HU i l l llll l "i uiui nmii i t . whichcontrols every otherChristian and civilized (liivi'ninicnt of the world, they received a majuiilv of inore than 1,000,000. Olí tlu day suc ceoding aleetion it was announced by the öhairïuan oí the licpublic.au National ('oñimittec that 184 Tilden and 185 Hayos electora had been clinsi'ii. Nothing hiui then been fettrned of the ; elertlon oxcoptiiiB the voto aitnally cast. It han never sinee Men dipnted tliat b,v that vote i a inajorlty 'of TiMcn wéetoM had bron pointed. Sueh nu announcement, thcroforo, nitild nilv havo ten made in pumiance of an trtangement to cha age tbc voto slmwn to have been elven by tlie people. We charge that aftef we Wie remin had been pt-oclaimed a eonsplracv wns formod by tho Hcpublioan leaders to revente the decisión made at the polls. The field ehosen fot the development of this eonspiracy was the States of Florida and LouiMana. The pdTBOne to act witli the origina] inspirators were the Govornors a:d ïneinbPTs of tile Eebrrning JSor.rds of those States. The field was well tosen. The State oltieers aaUdted were snitable persona for tl' wuik to bc done, For inore than ten years these States had been subjectcd to Governments not of their choleé. Taxation and nialadininistnitiun had robbcd them of thrir subtitance and weU-nigh destroyed their spirit and hopo. The army of the United States had been frcclyused tó maintainthosoGovernmonts in their act of corruption and usurpation. It whh beiiuved that its services wonld aid in the desígñcü eonapiráoyi The nnmnH of the ofiic'i'is de]i'tideit tipon re Marcollus I, Btekrnn, Samuel H. Mcl.hm lid Clftyton A. (Jowglll. of Florida; Wllliam Pitt Kollogg, J. Madisou WeU, Thos. II. Anderson, E. Casannve and J. I?. Kenner, of Iotiisian. These mon were not strnngers to the American pooplo. They had before usnrped anthority. The Keturning Boards of thDe States had made themstdves bywords in the land. The flovernom werre knovn to bc pretenderH. If there werc two nanies lifhonored in general estimation, they werc tlie name of Wni. Pitt Kellogg and J. Madison Wells. To surh men was the work of fonsimiinating thn consplrnoy contided. They entered npon Uicir1 task 'wlth alacrlty. AdTised and eucouraged by leading " vlsitlng " üepublicon statesmen of the Xorth, tliey took each step with deliberation and apparent reganl for law. Hefore the election in Loniniana William Pitt Kellogg and his subordinates assumed exclusive control of the exeeufion of the ltegistiy law. They refnspd registration to thonsands entitled to"it, and added thousands to the lists who had no right to vote. On tlie day of election the polls were managed by officials appointed by the (iovemor. Thee were, m ue.aily oveiry instance, members of the Bepublican party. Uuited States Marshal swanned at every precinct when tliought noconHarv, unUur a p'retcnse of preserving the jieacc, luit in fact to intlxnidate voters. Ballot-boxes were stuffed in the interest of the Repnblican candidates. Tlie poll-books were falsified in mime instances and then returned to the Canvassing Board, while in óther case the returns giving DeiiKK'ratic majorities were withheld from the canvassers altogether. After the returns bad been deliyered to the board they remained in it exclusive possession, and while there they were opened with its consent and the original papers abstracted and false ones Bubstituted in their stead. When tlie returns were opened, the Ixrard, with an appearanc of fairness. iwrI mitted perBonü representinp both partios lo be present, hut when the decisión was made as to what should 1 counted secret sessions were held froni whioh every DemoCMt was exeluded, although the law constituting the lxiard rc(]nirel that it should Iw composed of representativesof bothiilitical partios, lneoimting the votes it exercised powors not uouferred by tlie sfcttute, and in a most tlagrant disregard of truth and justice lbo mombers of the board , changod me iioll-books so that the liepublican I otlicers appearexl to be cbosen wlien their oèpo; nents had iu faet been elected. They forged : the names of ofticers to the certificates of elec; tion. They threw out votes of pceQinotoicpbn aftidaviU whioh they knew had leen fraudn; leiitly returned. Indeed, they theniselvcM ordered false aflidavits to le made hnndreds ! of miles from tho place at which they purported to have been taken, in order that the decisión niight ajipoar justified wliieh they had in advance üetermined to make. i Thêy arbitra rily tlnew out votes wliere there was uo prcliinina ry statement fruni the C'omniissioni-rs of Election to give them jurisdietion. They corruptlv, in order to elect lavoiites. and to correct the mistiikes of eertaiu Republicana in voting for electors, added to the list.s votes which hád nëvér boen cast. While oonsklfring the case the membera of the board endoavored to enter into nogotiations with both the liepublican and Democratie National Committees to sell their decisión. A half million of dollars was the price asked. Not obtaining it, they tried to bargain with the leading Democrats óf Louisiana to elect the State ticket of their partv. .T. Madison Wellü, with tho appiinal of Thomas C. Anderson. offered to elect the Nicholls State ticket for two bundrod thousaud dollars cah in band. The money was not paid. Negotiations were then renewed, if ever 1 roken Off, with the Idadorn of the lïopublican party. The result was declarod in its lavor. Tho ohief conapimtor, .1. Madison Wells, admitted that be bad been paid by that organiza tion for bis decisión. In F'lorida tho sanie frauds charaeterizod the ntmiis and the action of the Retnrning Board. Votes were thrown out with the same disregard of justice. Besides, in that state it refnsed to regard the orders of coiuts of comjx'tent jurisdiction and procoedeil in the most detiant contempt of judicial authority. In this nianner more than one thousand Tilden votes were thrown out in Florida, and more than ten thousand in J.ouisianft. Tlie votes of those States, in consec-iiiiiioo of the conspiracy, which i i fact were cast for Tildeivvero given to Hayi e Tho onlv excuso for this outrogeoua revers! of the Judg nt of the people is, tlmt inthiiidation had been priioticed by whites against blaeks where the votes were" thrown out. Whetber this intimidation compoUed snne persons to vote againRt their will oc inevented ome from atü-nding the polls, it afforded in either case uo justification for the delibérate rejedion of tbc bdllota by the Retnrning Boards. The statutè of Louisi'ana onlv unthorizod proof of intimidation in cases wliero charges of violenee wen; made in writing by the Commissioners of Kleetions on the day when the election was held. These elmrges were. to be inelosed to the lard in cnvelopea containing the returns. In a few cases only were the chargés made as requirefl. In the rest evidence was received without proper foundation huving been laid. The : evidi'nee roceived eonsisted in the main of . affidavits wiitten out by clerks and employés of i the Betnrning Board, without ever having leeii neen by persons pnrporting to certify lo them. "There was. therefore, no adequate nroofs of iiitiiiiid:'.tion. It may be remarked , here that the temptation to Kellogg and bis Uetiirning Board was very great to manufacture' cases of mtimidátiou, for it was only in them Ilüit l!he Démocfanc majority conld 1' overtbrown and the consjiiracy lx: suocossfnl. We should not fail to cnll the attention of tlie people to the dangerous effect of the doctrine of intiniidation in politics, it disqualilies from voting not only partios to the aet of intiinidation. bnt al) tliose wbo bnve voted nt the same prècinot witb them. TwopiMsonsinayconelude to make a case of intimidation, and therebj cause a parish casting thonsauds of votoa to lx' rejeeted. It makeu elections a farce. Utakes the power from the people to rest in Returuing Boards. It onables the latter ti imposo Uic i aeverest ixjlitical penalty, disfram-hisiineiit. without giving to the persone primshed an , portunitv of hearing or trial. A republicdcBorves to lose its liberties if it tilerates such ODageJB for an hour. liy this disregard of law, disohedience pf OOlHts, and eontempt of the rights ( of volera ; by their franda and corrnptions and nHQrp'ations ; by their briberios and i-ijini.-s and migt-ries. (iid tho eonspirators obtain }■ üfteátíw oí election to the KepnWican candidatos in the Southern States named. Kromthe day that oertifleates were issued to t hu Hayos lectors In liOiiisiana and Florida the eountiy han been HUed wjtli an imprecedeiit-wl ment. Tho people have done littlc else than ' cngago in diicussion as to the frandulent ' duet of the Rcturning Boards. In thin . tion of affairs business ha boen generally suspended, failureB have been frequent and prostration has soized apon ncarly every interest in tlii bod. When the oxcitèment was at its height Congress asembled. One of it duties wan to count the electoral votes of the States, inclnding Florida aml Iouisiana. With a view of facilitatinp; the connt and providing for tho IHiiccfiü performance of itB dnty by (ïongress, a bilí was passed creating an Electoral Commision, By that law the commission was to aaoertain the truc and lawful vote of ever,' Stat'-. I this labor it was to exorcist as to the hearing of evidence and the examination of papers sucn power as Congres or eithor houwe of Congress possesKcd. In the belief that eviilincp would ! board, and Uiat tho aettlement of thn disputad qnostibn of facts wonld be fairly reached, Congress and the peoplo accepted the eommision. How that confMense lins been diséfinotntad, how a decisión has been made basod upon a refusal to consider the unfortunatc question of disputé, is veil known to the OOnntry, When the certificates from Florida i and bonktWU werp opened and submittod to the two houses, objectlous wrrr fik-d to those presénte] by the llaves elector. Amtmg other gronnds of objection, it was urged that these certifícate had been fraudulentry and corruptly isKUcd by the Itetuining Doards and Exeeutives of these Otates, and ás a result of a conspiraey between them and the electora clainiing to have been chonen ; that such certificates bad boen lamed in violation of the laws of the respective States, and that some of the electora named therein vore méllgtble by tl' exparele firbnmdn of the constitution of tlie United States. When these objections werc made befare tbc oommission proof was oflered tu tlic oommission to snstain thi'm, hut the conmiission by a vote of H tu 7 refluedto ! cepi as to the incligibility pi :) single member in ! Florida. It was votcil in the case of LoTiiHiana thnt the coinimsslon wonld not have evidence to show that the ltitiniiinfï ltoard waa an nnconstitutional body ; that it was not organizad : as {hé law requires at the time the votx: was eanrassed ; that it had no iurisdiotion to canvass the electoral votes ; that the chargcB of riot, intimklation and violence vare falso, and that the Betnrniñg Board Lii that a fáct : that the MTtilieates were corruptly and fraudnlontly issued and as :i rcsult of tbc oonapiraoy, and that the vote of the State bas novor been compilad or canvassed. Tl1 sime rulings subtantially WWe mad1 a in the case of Florida. The co'mmisHion al) refused to luw prooi that at the time of the electlon in Kontli Carolina anarchv prevailed, destroying a j publican form of govermnent in that State, and that troops were rctained ÜHBKB in violation of I fhe constitution to interfere with the freo chotee bv the electora, so tbal the lawful vote of the State cm!d not bc known. Against these decisión we protest itirwt earnêstly in the iiamfl of frec and república n government. In i the tirst place, they strnek a fatal blow at tho constitutiönal power of the two house to connt the . electoral vote, 'lilis power has been exercised by lx)th bouses without dispute f i-om the foundation of the Government. That evidence shonld ' be received in cases of oontetted returns eems ', clcar. The principie has been inaiiituinnd by the ablest statcsmen the country ha prodnocd. It was a practico confirmed to principie, notably in case öf Ldtlisiána itseff m lSfi'J and 1873. Such cvidently was the view of both houses at the present ossion. The investigating committees were sent to Florida, South Carolina and Louiaiana to take testimony and report as to I the elections in these States. It is ft difficult I to see upon what principie tbis view eau b'j ba sed. The duty of CongresB ie to couut the vote. This makes the enactment of Uie vote I to be connted. This again makes a detcnuiini tion of what is tbc true vote and the dis■ tinguishing of the false from the true. Tliis requiroK evidence. Forma of law expressing the fact connot be made unless evidenoo lc admitted. for if fraud j)ossesse the count how can the success 01' ialoehood bc prevented if either juiy be dcnied? The action of the commission disables Congres from-ierfornnng a certain constitutiönal auty. In the second place, this decisión nullifies an artlcle of the constitution. In section 1, article 4, it is provldcd. "bnt no Senator or Ilepresentative or pacaon holding an office of ti-ust or profit under tlie United States shall be appointed an elector." If States choose clectorB who are ineligible. how can this provisión be made effectnalV 'ilie State by its ctiun bas refused to enforce it. Manifestly it can then only be enf oroed bv the power authorized topasB upon tilt: vote "which the State bas returncd. Congress, theu, in couuting the vote, must dei termine who are and who are not eligible electors, facts which can only be ascertaincd by evidence alixmde. Any othcr doctiine abro' gates the previous construction and in effect sulwtitntes the following : " Senators, ücpre; sentatives, and all ))ersons holding oftices of trust or profit under the United States may be appointed electora." In the the third place, the doctrine ignores all precedents and rulee of morals. in cxcluding evidence of fraud submittd. Notbing eau stand which is tarnished by fraud. It vitiatett everything. It annuls every deed, cancela every "obligation, annuls every contract, and reverses overy judgment. Every i tribunal, however organized, isbonud to regard every fraudulent transaction as a nullity, however' it may come before it, whether directlyin au independent proceeding or collaterally. The decisión of the highest tribunal, if irocured i hrough frand, shunld bc treated as of no effect i bv the humblest court in the land. As said by a distingiiished wiiter, "It matter not whether I the judgment impugned bas been pronounced by an inferior or by tho highest court of the ' land, bnt in all cases o.like, it is competent for evory court. whether inferior or superior, to t reaf asa nullity any judgment that can bo clearK hliown to have "been obtained by manifest ! fraud." It remained for the commission to declare that thert! were certain tribunal which could perpétrate fraud with impunity, and that i tliere was one court which could not lay its ; hands upan fraud when brought lwfore it : for review. Those exceptional tribuíais ! were the Kcturning Board of Florida and Louisinna. That exceptional conrt is the Klectoral I CommiBSion. Fraud has l'imiul au intrenchineut from which it cannot be driven in a con' test on making cholee of the highest officer of the grefttest of rcpiiblics. A doctrine more corrupting in its consequenees, mole destructivo of the purity of elections, and more threatoning to tho peroétuity of freo governinont, could not ■ oasily 1m' snggosted. It iJ sougbt to jnstify this decisión by an appeal to State sovcreignty. The argument' is that. as the States choose tlieii: electora in their Bovereign capacity, their decisión cannot . lxM-eversed by any otlier antliority. This propcjsitiou pushes fo its furthest limit the doctrine of States rightfl. The theory of the 1 most advanced advocates of the school ■ was only that the States were sovercign as to the reserved powers. Per tliose which were delogated It was conceded ! that the constitution as supremo. The power ! to chooso elector would not have existed exI cept for the constitntion. It was, therefore, a delegated power. The Legialature of a state i chooses eleotors by virtnc of the constitutiönal ' provisión. It is a duty to be performed by tho State whlle in the Union. It cannot perfonn it I lefore admission. nor a Her the Union is disrupted. Can it Ik; posoible that t.here is no power in the Union to determine how íheduty : linsboon peiformod, and whether in eompll&noe with the constitutionnl provisión? rJ'o ÉSSgrt this doctrine is to declare the absolute independciK f the States, to deny the supremacy of tho constitntion, and to lea-ve tlu United i States powerless against fraud or violence of the States, which may forco a President upon tbc people. The power to review the action of I the Electoral Colleges teems neoesáarirto be dcrived from the Datare ol' a confedérate Government. If ono partv to the compact poesessos a power as to its subject matter superior ; to tho power ereated' by agreement, the conipact inevitably fnils. for it is mpossible for a coiilederaoy to exist unli-ss the jurisilictioii of Kh individilal membere as to [wviers committed to the oonfederation is subordinated to the largor jurisdiction of tho lattor. If, for cxample. ;is in thifi case, one State can oeroise its fumtions hs to electing a President in violation I of the constitntion, without any power in the l'nion ti reverse its action, Uien á constitution iras unnecesnary for the délègatJoB of power, : nnd the nation may be govenied in violation of the vory instrument which creatod it. lint the power of Congres as to authority ■ wr tbc vote of lectors, it is certnin that it is not bound to treat as valid a frandnlent ccrtiticatc. ' It matten not how absolute the overuignty umler which a fraud is perpetrated. It cunnot receive protection nor be granted recognition. If there be a tribunal to which the certificates Í are submitteil, it. is bound to treat them as wortlüesB. The eert tientes were charged to be J fiaudulent. The coinnussioii, if it counted them, gave them validity. It was it- dntg ti : to bear the facts to prevout the succesa ol ; fraud, even thongh tho certificates eamc from a sovercighty a hundred fold greater tlnin l.ouisiana or 'Florida, iiy tKeáe methodá, UBder Ule foi ms pr.scribcd 'by tlie luw constitut; ing the FJeotoral Oomnlismbn, Rntherford B. H.ïycs bas been declared rresident of the t'niteU States. Jlis titlc rests upon tbodisfranchisement of lawful votéis, the false. certificutes of ceturning ofnpers aeüng conuptly, and tbc decisión of a commission which bas refused to hcar evidence of allegod fraud. l'ur Úk flrat tuneare the American people confrontad i with the fact uf a President iri.nduleiitly elected. Hi üiauguraüon will be peaceable, nd i [ in that hour the most infamous couspiracy of all hiatory will receive its erown. In tne exciting days just pust the forbqarance of the people bas maintained poace. Let it not. however, from this be. understood that the fraud to bo Consnmm&tod (Hl the 4th of Mareh will be quietly acquiesced in by tho country. Let no hour pass in which the usurpation is forgotten. Let agitatiou lo neoéssfery, that at evei-y opporthültj the pople may express their ábhorrence of thooutrage. T,et want nf ouniidonoc vutod at every eleetion in Mr. Hayos and bis adininistiation. liotb must bc . controllid by eonspir.it. rs, who have elect.'il tho one and will organizo the ether; and whatever of jrood may come from either will always lx' dadMmed by the stain iijnm the title. J.et the Democratie party at once organize for uew contents to : ciure" overwhelmuig victories that oongplrators mtty never Rgaiii attempt ttte xpetimwi which iiow humiliates the rcpuMic, and hu m its highost office a usnrper. Fraxk li. Hord. Ohio Randall L. (ïibsox tj Josuh (l. Abbott, AÜ' M. ]'. Tam,,:, Wis "
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