PART XII.

Potter's Open Letter to the Rev. Blank - His fatal Admissions touching all that had been Denied–The Revolutionary Intent laid bare by his own hand!-The Motives at the Bottom of his Investigation.

The powers of Congress and of the House.

"About the enumeration of electoral votes there could be no question. Eight and eight could only be counted as sixteen. Neither could there be question that the conceded vote of every State should be counted. To refuse that would be revolutionary. But when there were two bona fide returns from a State, each claiming to be its vote, it was a necessity to decide becounted. This determination could only be made by the Vice President who opened the returns, or by the Congress in whose presence they were opened. I thought it clear from the nature of our Government, from the precedents, and from the opinions so many statesmen had expressed, that this grave power upon

tween these returns before either return could be

The following letter was published in New which the last election did, and upon which any elecYork papers, May 28, 1878:

"WASHINGTON, May 27, 1878. "MY DEAR SIR: I have your letter of the 25th. *** You ask me why Mr. Stephens was 'howled' down. The howling was by the newspapers.

The Hale Amendment.

tion might depend, could only be vested in Congress. If this power rested in Congress alone, then the action of Congress was necessary before a choice could be made between conflicting returns, and so, whenever the two houses of Congress could not agree on their choice of a return-one house preferring one and the other the other-no choice could be had, and the vote of that State would be lost, not because one House had any greater rights or powers than the other, not because either or both Houses together, had the right to "You ask me why we would not let the Hale amendment be attached to our resolution? Because it was reject arbitrarily, or to refuse to reckon any certain not germane. An inquiry into frauds accomplished electoral vote, but only because in case of bona fide conand which changed the electoral vote is proper to pre-flicting returns from a State, each claiming to represent the electoral vote, it was a necessity to choose bevent their repetition, but an inquiry into mere at tempts at fraud which resulted in nothing is not-first, tween the returns before the vote of the State could be because we understood it contained recitals to which counted. This was the view at last established. The we could not assent, and which would have forced us Electoral Commission to decide the disputed votes was to vote against our own resolution; second, because created by Congress, and that was the only authority it we offered Mr. Hale every opportunity to have his possessed. "Now, it seemed to me in 1876 that this was so clear, amendment adopted as a separate resolution, that it and that the leading Republican Senators had so genwas not so offered shows it was really not desired; third, because its incorporation into the resolution erally committed themselves to this view in previous might have had the effect of preventing any report discussions, that we ought to stand upon that ground; upon the resolution. As it is, the committee will have to declare that we would abide the action of Congress, probably but one opportunity to report in this Con- would accept whoever the Congress found to be elecgress, and this amendment could, if added to the reso-ted, and that if the two Houses should fail to agree as lution, be made to prevent the report at that time, and to which of the returns from any State from which there were bona fide duplicate returns should thus to deprive us of an opportunity to report at all. Just as we got ready to report we should be liable to be be received, whereby the vote of the State was no election by the electors should stopped to take further testimony in some of the lost, and added States brought forward for the very purpose of thus result, we would then abide by and maintain preventing a report." the choice of the House of Representatives, the body authorized by the Constitution to elect the President where there is no election by the Electoral College.! Instead of doing this, we drifted along until at last the Republicans, hewing all the while to the line, had got us where we were ready to accept the Electoral Commission. Having accepted it, of course we were bound to accept its results, but we ought at least be allowed to show-if such was the fact that the returns upon which the Commission passed were procured by fraud.'

ance

What the Tildenites are driving at-If
fraud, then a legal remedy by quo warran-
to, if such remedy exists - If no legal
remedy, we can provide one—"Not the
slightest chance of revolution or disturb-
" in such simple moves! Oh, no!
"But you suggest that to raise a question about
the last Presidential election will bring on disturbance
or revolution. Not at all. About that 'possess your-
self in peace.' There is not the slightest chance of
revolut on or disturbance. When the whole country
was at fever heat on the subject of the election a way
was found to establish a tribunal to pass upon the
election, and every one submitted to that determina-
tion. The President's title rests upon that. If now
it should appear that there was fraud which palpably
affected the electoral vote, and which the Commission
did not notice, and if a legal remedy exists for cor-
recting the error, you cannot believe that such a pro-
ceeding under the law could lead to disturbance. If
there be no such legal remedy existing, and Congress
should hereafter, by the approval of the President, or
by two-thirds of both Houses without that approval,
provide one. why should the legal determination there-
after had any more produce disturbance than the de-
cision of the Electoral Commission did?

To be accused of "Mexicanizing ” the coun-
try grieves his pure and lofty spirit.
"It is exactly because this is not Mexico, and be-
cause the people prefer determining questions by
legal methods, aud. if the legal methods have not been
provided, to invent legal methods of determining
them, and submit to the determination thus arrived
at-that this country cannot be Mexicanized.”

No danger of war exactly.

"I admit that the Presidency is not worth a civil war, but I have not believed there was any danger of such a war. The generation who charged up the heights of Fredericksburg, and defended the works at Petersburg, will not go lightly into another civil struggle. We must get years further on before that will happen. I remember after the election remarking to General McDowell that a great mine might be exploded by a spark, to which he auswered, 'Yes, if the train be inflammable, but this time the powder is wet.' He was right. There never was danger of a civil war."

"A gigantic game in which we held the cards" (from a stocked pack), and the Republicans bluffed us.

us.

"The whole thing was, as I think, a gigantic game, in which we held the cards and the Republicans bluffed Years hence, when it is remembered that we needed only one electoral vote, and that your side could not get on without every one of the remaining that seventeen; that we had 300,000 popular majority; our majorities were around the capital, yours in New England, the Northwest and the Pacific coast; that the moral sense of the country was that our man was elected and yours not; that you had nothing on your side but the control of an army, of which 10,000 men

But

could not be got together, the privates mostly in the North have never understood that this condi sympathy with us and commanded by officers educated tion of things was fraudulently prepared by the Re to understand the supremacy of the civil over the mil-publicans. They ought to understand that, and, be itary authority-officers who, excepting the leaders, yond that, they ought to understand that there never Grant, Sherman, and Sheridan, could, I believe, never was anything so dangerous to a free government as a have been generally used to resist the declaration of returning board. A delegation of persons vested with the House of Representatives-(I am told this will ap- discretionary power to revise the votes cast becomes pear certainly whenever the secret correspondence of thus the body that elects. So long as they exercise the War Department is revealed)-and that you were their functions under the protection of the State alone, laden down with the care of the national credit, the the influence and indignation of the people will prefirst shock to which would have arrayed against you vent them from any flagrant and enormous outrage. all the moneyed institutions in the country; that under The public pressure will ue essitate some excuse for such conditions, I say, your leaders contrived and were subverting the choice of the people, some limitation able to carry through the capture of all these seventeen upon the outrages they do to the popular wish votes, will be regarded as one of the greatest separate them from the people by a cordon of Federal political performances of history. I admit the success troops, under the pretence of preserving order, sur of the Republican leaders. Having laid down when round them with Federal bayonets, and they cease to the law was on our side and when we ought to have he responsible to any one but the National Administrastood up, it is not for us now to stand up as long as the tion which protects them. There need, then, be no law remains against us." limit to, as there is no longer any check upon their abuses To throw out the votes of one side and keep in the votes of the other without cause, to invent pretexts for such wrongs, to accept after continued protests and manufactured objections as color for their action, to permit figures to be altered, returns to be forged, frauds to be perfected, and generally every means by which the will of the people may be frus trated and the popular voice stifled, then becomes pos sible, and there may be thus a condition of things ab solutely destructive of free government We believe that it was by such proceedings we were cheated out of the election."

What a Democratic "Congress may do'
as the result of the Potter Investigation
"would be affected quietly, certainly and
without violence or disturbance”—Hence
we do not contemplate revolution, etc.!
"But you will ask whether, if there be no danger to
public order from legal proceedings, there may not be
from action by Congress. No; no more than from the
action of the courts Congress represents the people
of the country, but does not march before them. It
expresses, but does not anticipate their will. Should
fraud connected with the electoral count appear sO
gross and palpable that you and all honorable men
should unite in denouncing it, Congress might then
take action. But if so, what Congress might do, being
the result of the action of men of all parties of the
great body of the people, not of a party, would be ef-
fected quietly, certainly, and without violence or dis-
turbance. In saying this I do not mean that I expect
the investigation to be followed by either legal or
Congressional action. What, if anything, should be
done because of the inquiry, must depend upon the
results of the inquiry. But I do not mean that what-
ever action, if any, should fo low the investigation,
such action can neither disturb the order nor the pros-
perity of the country. This cry of wolf, when there is
no wolf, this effort to make it appear that there is
danger to peace or order from this investigation, is a
Kepublican pretence, like the bloody shirt' justifi-
cation of carpet-bag government; like the "public
danger" excuse, advanced for the enforcement of
Durell's infamous order and the protection of the Re-
turning Board by bayonets; like the cry set up after
the election to prevent any agitation and to secure
submission. We must have a very sorry sort of pop-
ular Government if Congress cannot even inquire into
frauds in the choice of the Executive without endanger-
ing the peace and prosperity of the country."
More Jesuitical clap-trap and
mouthing.

·

word

"What, then, you ask, is the purpose of the investigation? I answer, to ascertain the facis, so that if frauds be established a repetition of such frauds may be prevented; and, if not, to clear up the general belief throughout the country that there were such frauds It is true that not every allegation of wrong is to be inquired into by Congress, but when a large portion, if not a large majority, of the people believe that the last Presidential election was secured by organized fraud, surely an inquiry to ascertain the facts ought to be had.

He doesn't believe the Democrats were "bluffed" after all-He "believes we were cheated."

"The feeling among many Republicans after the election was that while we had been cheated in the returns, we had bull-dozed the negroes so badly that the accounts of wrong were about equal. This belief in the bull-dozing of the negroes was based mainly upon the fact that in certain districts of the South which usually gave Republican majorities there was not returned that year a single Republican vote. Now the people of

More repetitious gabble to "cover up his tracks."

"Unless the proceedings be exposed the outrage will be repeated. If an administration can defraud its opponents out of the results of an election, at which they had seventeen electoral and three hundred thousand popular majority, and no effort is made even to inquire into the wrong, there is nothing the next time to prevent the same administration cheating their opponents, even though the latter have forty electoral votes and a million popular majority. And this will go on time after time, until the outrage becomes intolerable. Let us rather, as Mr. Jefferson said, have a jealous care of the right of election by the people, and seek a safe and mild corrective for the abuses which, where no peaceable remedy is provided, are lopped by the sword of revolution.'

The

cowardice of capital from Potter's stand-point.

"It has been said that there was nothing more cowardly than a million dollars, except two millions. This is nature. But it is the mistake of capital to magnify the dangers on the surface and overlook those that lie below. Just now your capitalists are troubling themselves about the Commune, and op pose the reduction of the army, which they would have kept up as a national police, And yet, in no great country of the world is there so little danger of Communism as in this, for nowhere is property so generally distributed. But capitalists stood by supinely when the army was used to protect returning boards in stifling the votes of States and frustrat ing the will of their people, and under the pretence of maintaining order to subvert the very principles of free government. Believe me, in this there was real danger. Governments are based upon principle. The theory of this government is that the people of the States shall choose electors for themselves, and that by the aggregate voice of such electors that the National Executive shall be selected. To let the party in power interfere by force of arms to protect a local board in falsifying the will of the localities is to subvert the theory of this Government, and lead surely to its destruction."

"Whatever the result from the proposed in-
vestigation," it will be done peacefully.
"Whatever may result from the proposed investiga-
tion, you may be sure that nothing can result that will
disturb either your flocks or your balances.
The
trouble to capital, property and freedom will come, not,
perhaps, in your time or mine, but come at last, from

In a letter dated National Hotel, May 28," Mr. Stephens replies in full to Mr. Potter's statement that Stephens was not working with his party. He gives his note of May 15 to Mr. Potter-mentions that he had sent similar ones to Messrs. Candler and Harris, of Georgia, and continues:

* * From these notes it will clearly appear with whom I first conferred and the opinion I entertained of the effect of proceedings then coming on in the House upon the Democratic party as well as the country. I looked upon them as unwise and untimely and fraught with mischief. It clearly appears from these notes that I was not in favor of a motion to defeat the investigation of fraud of any kind. it was only against a one-sided investigation.

"I was also, as I have been since the Presidential contest was constitutionally decided, against any investigation with a view to impeach or assail the title of the present incumbent of the Executive chair. The Democracy of the school in which I was raised was planted upon the principles of law and order, and upon standing by them as constitutionally propounded."

He proves that Hale's proposed amendment was germane to the Potter resolution.

go in, which distinctly stated, with a purpose of informing the country, that the object was not to disturb the title of the present Executive which had been constitutionally settled by the last Congress."

The entire proceeding "most unwise, most unfortunate, and most mischievous "—It will "disturb the peace, harmony, and quiet of the country.”

"But I have no time to say more at present, except to add that I look upon the whole of this proceeding, concocted as it was, conducted as it has been, as most unwise, most unfortunate, and most mischievous. Its effect will be to disturb the peace, harmony, and quiet of the country. Neither Mr. Potter, nor anybody else, can prevent it; and I say to him, most respectfully, that nothing short of an immediate, general, and firm concert of action of the law and order-abiding people of all parties, Republicans and Democrats, throughout the Union in reprobation of this investigation proceeding any further with a view to disturb the Presidential title, such as announced by the Pennsylvania Democracy in their convention a few days ago, can arrest the most fearful consequences. Those who have, though innocently, sowed the wind will reap the whirlwind."

"A contemptible farce or a horrible tragedy"- Potter's Jesuitical whisperings "delusive and guileful" as those of Satan.

"

'My own opinion is, as I have repeatedly said, this affair will prove in the end either a contemptible farce or a horrible tragedy. Whether it will lead to the Mexicanization of our Federal Republic the result must show. But I say, as I said on another recent occasion, that all soft words instilling in the mind of the people of this country the idea that Mr. Hayes can be peaceably unseated by Congress are as delusive and as guileful as the whisperings of the great arch fiend in the shape of a toad in the ear of Eve, from which sprung all our woes. Very respectfully,

"ALEXANDER H. STEPHENS.”

PART XIV.

The Burchard Resolution a Bomb
Shell-Panic and Rout-Graphic
Description of the Scene-The
Democrats forced to "eat crow"
-Condemned out of their own
Mouths.

"Mr. Potter's reasons for refusing Mr. Hale's amend ment appear to me to be singular and most untenable' He says it was not germane. Why it was not germane I cannot see. All frauds it would seem to me are of a kindred character. They are all the same class of crimes; belong to the same family, and differ only in character and degree. If a fraudulent electoral count in Florida was germane to a like fraudulent count in Louisiana, why was not a like fraudulent count in Ore- June 14, 1878, Mr. H. C. Burchard, Repubgon or any other State equally germane to the provis-lican, threw a bombshell into the Tilden ion to investigate frauds?”

He knocks another plank from under Potter's ponderous feet.

House, which exploded with such force as to disintegrate, for the moment, the combined forces of the enemy, bringing humiliation and disgrace for the time being on the Potter"Mr. Potter justifies his course in refusing an investi-Tilden revolutionary movement. The regation into the frauds alleged in Mr. Hale's amendment because he said he understood it contained recitals to which he could not assent, and which would have forced us to vote against our own resolution. This seems to me again to be an untenable reason. In the first place, in allowing Mr. Hale to offer his amendment, whatever recitals it might have had by no means committed the House to the truth of the allegations. It would only have allowed him to make them good if he could."

Potter's duplicity made plain.

"Mr. Potter insists that the object was not and is not to attack the title of Mr. Hayes. If so, then why did he not, or the managers whose instructions he was carrying out, allow Mr. Casey Young's amendments to

fusal of the Democrats to accept the Casey Young resolution offered in caucus, the refusal of the National Democratic Committee to make any declaration on the subject to quiet the growing apprehensions, the prophetic utterances of Alexander H. Stephens and a few other conservative Democrats, the admissions of Potter's open letter, the boastings of the Democratic press, alarmed the country to such an extent that, as the New York Tribune remarked, 'the Democrats in the House of Representatives have been forced against their will to make the declaration they did to-day"

in voting for the Burchard and the Judiciary | The Republican hurrah!--The yeas and Committee's resolutions. They had uniformly refused to put themselves on record until Burchard's resolution forced them to "toe the mark." We take from the Tribune:

The vote on the Burchard resolution by which the revolutionary House, driven by fear, condemned its own revolutionary purposes.

The vote upon the Burchard resolution was 215

yeas, 21 nays-55 not voting. The 21 nays were all red hot Tilden revolutionists, and among those not voting, whether present or not, were 40 more Tilden Democrats. In detail it was as follows.

Thus

that all their carefully laid plans for future action, to succeed, must be covered up; that mere silence on the subject would not longer do; that they must make an explicit declaration even though with the full intention of violating hereafter any present pledge.. Under the Jesuitical lead of Potter they had learned the Jesuitical rule that "the end justifies the means." Accordingly it had already been "YEAS-Messrs. Aiken, Aldrich, Atkins, Bacon, G. A. determined at the Judiciary Committee Bagley, J. H. Baker, W. H. Baker, Banks, Bannins, Bayne, Beebe, H. P. Bell, Bicknell, Bisbee, Blair, Blount, should be allowed to report against the KimBouck, Boyd, Brentano, Brewer, Bridges, Briggs, mel bill, which on the 15th of April had been Bright, Brogden, T. M. Browne, Bundy, H. C. Burch-introduced and referred to it; and in the sad ard, Burdick, Cabell, J. W. Caldwell, W. P. Caldwell, straits to which they had just been brought Calkins, J. M. Campbell, Cannon, Carlisle, Caswell, Chalmers, Chittenden, Claflin, J. B. Clark, Jr., R. by the Burchard resolution, it was determined Clark, J. B. Clarke, Clymer, Cobb, Cole, Conger, Covert, by the Democratic leaders that the report J. D. Cox, Crapo, Cravens, Crittenden, Culberson, Cum- must be made and acted on at once. mings, Cutler, Danford, H. Davis, J. J. Davis, Dean, Deering, Denison, Dibrell, Dickey, Douglas, Dunnell, they might yet succeed in making the people Durham, Dwight, Eames. Eden, Ellsworth, Errett, I. N. believe until after the Fall elections-that Evans, J. L. Evans, J. H. Evins, Ewing, Felton, E. B. their purpose was not to turn Hayes out and Finley, Forney, Foster, Franklin, Freeman, Gardner, Garfield, Garth, Gause, Gibson, Giddings, Goode, Hanna, put Tilden in. The report was, therefore, at Harmer, B. W. Harris, H. R. Harris, Harrison, once (June 14) made by Mr. Hartridge, DemoHart, Hartzell, Haskell, Hatcher, P. C. Hayes, crat. Hendee, Henderson, Herbert, G. W. Hewitt, Hiscock, House, 1 bbell, H. L. Humphrey, Hungerford, Hunter, Hunton, Ittner, James, F. Jones, J. T. Jones, J. S. Jones, Josen, Keifer, Keightley, Kelley, Kenna, J. H. Ketchum, Killinger, G. M. Landers, Lapham, Lathrop, Ligon, Lindsey, Lockwood, Mackey, Maish, Marsh, McCook, McGowan, McKenzie, McKinley, L. S. Metcalfe, Mills, Mitchell, Monroe, Morgan, Morrison, Mc.se, Muller, H. S. Neal, Norcross, Oliver, O'Neil, Overton, Page, G. W. Patterson, T. M. Patterson, Peddie, W A. Phillips, Pollard, Pound, Price, Pugh, Rainey, Randolph, Rea, Reagan, Reed, J. B. Reilley, W. W. Rice, Riddl, W. M. Robbins, Roberts, G. D. Robinson, Ryan, Sampson, Sapp, Sayler, Scales, Sexton, Shallenberger, Shelley, Sinnickson, Smalls, A. H. Smith, Sparks, Starin, Steele, Stenger, Stephens, Stewart, J. W. Stone, J. C. Stone, Strait, J. M. Thompson, Throckmorton, A. Townsend, M. I. Townsend, R. W. Townsend, Tucker, Turney, R. B. Vance, Veeder, Waddell, Wait, W. Ward, Watson, Welch, H. White, M. D. White. Whitthorne, A. S. Williams, A, Williams, C. G. Williams, R. Williams, A. S. Willis, B. A. Willis, Willits, B. Wilson, F. Wood, Wren, Yeates, Young-215.

"NAYS-M ssrs. Blackburn, Bliss, Boone, Bragg, Cook, S. S. Cox, Ellis, Fuller, A. H. Hamilton, Hardenbergh, Henkle, Henry: A. Hewitt, Mayham, Phelps, Pridemore, Robertson w. Smith, Southard, Springer, Werner-21.

"NOT VOTING-Messrs. Acklin, Ballou, Benedict, Bland, Buckner, Butler, Cain. Camp, Candler, A. A. Clark, Collins, Davidson, Eichoff, Elam, Fort, Frye, Glover, Gunter, Hale, J. T. Harris, Hartridge, Hazelton, Hooker, Joyce, Kimmel, Knapp, Knott, Loring, Luttrell, Lynde, Manning, Martin, McMahon, Money, Muldrow, C. N. Potter, Powers, Quinn, A. V. Rice, M. S. Robinson, M. Ross, Schleicher, Singleton, Slemons, Swann, Thornburgh, Tipton, Turner, Van Vorhes, G. C Walker, Walsh, Wig ginton, J. Williams, J. N. Williams, Wright---55.

The Vote by which this mere expression of this House's "opinion" was recorded. Upon the adoption of the resolution acCompanying the report the vote was 235 yeas to 14 "red hot" revolutionary Tilden naysnot voting 42, of whom 28 were Tilden Democrats.

PART XVI.

The Work of the Potter Committee-Impeachment of Hayes and Wheeler Talked of-How the thing Was to be doneHayes Out, Either Tilden or Thurman to go in-Democratic Authorities for it.

While the great mass of the people of this country, who followed the testimony given before the Potter "Investigating Committee, undoubtedly considered that it absolutely failed of its main purposes, and that its proceedings were almost farcical, there are unquestionably a large number of dyedin-the-wool Democrats who to this day think otherwise, believe that they proved their case, and would still exclaim with their Democratic organ, the Washington Post of August 10, 1878, that:

"The Potter committee has crystallized allegations into accepted history.”

The Democratic leaders all intended to believe-despite the absurdity of the pretensethat the charges were proven. So believing, or pretending to believe, they intended to demand action of some sort against President Hayes and Vice President Wheeler. Their programme was to impeach both; to declare by concurrent resolution of both Democratic Houses that the mere act of presenting articles of impeachment in this case, at any rate, suspends the impeached persons from official