tfrnirf
BELLEFONTE, PA.
The Largest, Cheapest and Best Paper
I'IT ULtSIt Kl) IN CENTRE OOfNTV.
BULLDOZING
As Practiced in Massachusetts.
Summary of Facts Proved by Testimony
Taken lief ore the Wallace In
vest iyntiny Committee.
F.VIDKNCK OK INTIMIDATION BY RK-
I'UHUCAN KMFI.OYKKB.
The senatorial investigating commit
tee, of which Senator Wallace is chair
man, has iioav been through its work
some days. Its departure from the
State was the signal for all tho Republi
can paper* of the State, without excep
tion so far as we have observed, to be
gin an attempt to belittle the results of
its work. \\ itli suspicious unanimity
they all, with one Record, assert that
the investigation amounted to nothing
that no proof was elicited sutlleient to
sustain the charge made Inst year that
civilized bulldozing and intimidation
were practiced in this State, that those
charges were campaign slanders and
still unproved. That the people of this
State may see how barefaced are these
Republican falsehoods, and that they
may he able to judge for themselves as
to the facts, we present herewith a con
densed summary o( the evidence taken,
showing exactly what was proven and
hy what evidence. The investigation
begun on the 11tli day of August-
United States Commissioner Hallett was
the first witness called. The sulwtan
tial points of his testimony were as fol
lows : C'ni'ef supervisor of elections : the
list of voters prepared and pasted at
the polls was the evidence ola man's
right to vote in this city ; found that
many men whose names ap|eared on
the voting list were foreigners who hud
no part in having their names so pub
lished, nnd in such cases those persons
were not molested ; it was only where
persons hnd illegally registered them
selves or impersonated others at the
polls that they were arrested; twenty
warrants were executed on the morning
of the State election in 1878. Commis
sioner Hallett told of tlie verbal in
structions to the deputies in each ward
of the city, and of his cautioning those
who were not entitled to vote prior to
election that they would be arrested in
case they attempted to use their ballot*.
Witness had taken his authority in
some cases from the State laws, and in
others from the Federal laws. The in
junctions against voting because of the
reading and writing defect were, of
course, based on the former class of
laws. Nine hundred names which were
on the voting list in 1873
HERE MARKED FOR Cll AI.I.ENi.E.
on the day of election at the poll*.
The persons who were subject to arrest
were not notified of the liability until
the voting time, t>ecau*e there was doubt
as to their voting ; and while no honest
voter could he deterred from casting
hi* ballot, the arrest of those who were
suspected of wrong prior to election
would have caused trouble and served
no better end than that attained hy the
means used. Witness didn't keep com
plete lists of those whose names were
o;>en to question, hut when they refused
to answer questions put to them by the
deputy marshal* at their residences or
places of business they were arrested,
lie had issued in all 16'.) warrants. One
of these was for false impersonation, or
procuring naturalization under false
pretences, eighteen for refusing to an
swer deputies' questions, five for illegal
voting, and fifteen for false registration.
The day of election twenty arrests were
made, and of the entire 169 warrants
procured 130 were issued on election
• lay. These were sworn out hy tho as
sistant United .States attorney, and the
information on which this was done
was gathered from the su;>ervisor* and
deputy marshals. Witness testified to
the good charaeter of the majority of
the supervisors.
THEY WERE PAID
under order of Judge I.owcll hy the
marshals, and about thirty-four received
full condensation for ten days' service,
there being fifteen or seventeen places
of registry o;.en in Boston ten days be
fore election. Witness then produced
his accounts, showing his hill to be $2,-
726.49 for services a* chief supervisor,
including SSOO or S6OO for clerk hire.
He expressed a decided opinion that
there were from 3500 to 5000 names on
the list of Boston city voters which
ought not to be there. Witness ac
knowledge*! that hy hi* interpretation
of the law a man voting tor ."State officers
only, and yet not being entitled to vote
according to the Federal law in a Presi
dential election, would be liable to ar
rest, and partially admitted that Fed
era! interference was not essential to a
free and fair election in Massachusetts.
Ex Mayor Wightman testified further
as to the charges that names of men
not entitled to vote are on the voting
list. As chairman of the hoard of regis
trars of voters, in the campaign of 1878
the Young Republicans established
what they called a bureau of inspection,
a volunteer organization, to investigate
the voting list, and aid in purging it of
names which mere nol properiy record
ed. Thar made twenty-nine complaints
Aaring the campaign, but all the appa
rent discrepancies were explained and
ahown to be right, save one or two
names, which really were not those of
legal voters. Witness explained delib
erately and lucidly the intricate details
of the mode of ascertaining with accu
racy the list of qualified voters, end
claimed that the Boston system was
as efficient as any in the State, (if the
896 names that came from the super
visors to the hoard of registrars ques
tioned, less than 100 were men upon
whom a just suspicion could rest. The
board at preeent consisted of one Demo
crat and one Republican. Witness wax
of the opinion that
TIIE IOC AI. LAW WAR RKTIRXI-V SltrflCIINT
to insure an honest and pure ballot, and
reiterated his assertion that by the sys
tem inaugurated by the board of regis
trars a pure and free election could bo
had by the city without Federal super
vision of any kind. There was no ne-
cessity, as far on the witness could hoc,
for tho present nalionul law.
Ex-Registrar Howard testified that
only b small portion of the lint of voters
actually voted, and explained the plana
of tho registrars before election" and
the detail" of their work ; "aid attempt"
at fraud were not infrequent, hut not by
holders of naturalization paper" alone.
The question of domicile WON one which
made a great deal of confu"ion to the
registrar", for men moved from ward to
ward with entire freedom, and "imply
from this cause 100 to3oo hearing" were
annually necessitated. The registry lint*
now were a" accurate as they could be
made under the present law. The lists
were as nearly as possihlo correspond
ent with the spirit of the statute. In
answer to a query as to the ne< easily of
a Federal supervisory ordinance, wit
ness thought that the State might find
an intelligent body of men who would
n ake a list complete and effective to
niPet all ttie demands of a fair, pure and
free election, and thus be wholly inde
pendent of tho general government,
lie diil not believe that the Slate was
made any bettor by the too common
practice of paying the poll tax of large
numbers of poor voters toseruio their
suffrages, as no doubt was done l>v can
didates for various political positions in
every city of the State. \\ itness had
no impression and could give no esti
mate of the number of names on the
registry list which should not he there.
Fewer, however, than what -Judge Hal
lett said lie thought. There was prob
ably less than lUOO.
CAMPAIGN KXTKAtIU>INAIIY.
MINISTERS AM MINI E "fits TRANSFORM'
ED INTO fOLITICAI. STRIKER*.
George C. Crocker, secretary of the
Republican Stale committee of 1878,
testified that the following official cir
cular was sent to the ministers of Mass
achusetts :
REIT HI.K AN STATE COMMITTEE OF MASS-
Ai UL'HETTs :
llkaioi'rs, 376 Washington Street, 1
IIOSTON, September 26, IM7H. /
[Skai.. J
Adiii Tnaycr, chairman.
t>. 11. Su-bbins, treasurer.
George ('. Crocker, secretary.
Dear Sik IN order to enable us to dis
tribute document* etfectively, will you
kindly furnish us immediately with a list
of the inale members of your church slid
parish mid with such other name* s* you
uiay deem expedient. Hy so doing you
w ill sid u* in saving the honor of our com
monwealth. With esteem, yours,
Akin That eh, Chairman.
Gkoruk C. Croi kkr, Secretary.
Witness, in explanation, testified :
We got tlieir namea from the* list* of
each denomination ; we got replies from
the clergymen with lists of their con
gregation* and supplied them with doc
uments ; 1(1,1**1 men were influenced in
their votes in Boston hy liquor and oth
er influences brought to hear.
Adin Thayer, chairman of the Repub
lican committee of Mitsaachusetis of
1878: No contributions from Federal
otticial* to funds of committee in 1878 ;
had all the money we needed ; think
our funds were about $25,0011 last year ;
called together a number of gentleman
late in I tetober, at the Parker House,
Boston, to consult : made them a speech;
they were all Republicans; wanted to
arouse them up ; all would vote the Re
publican ticket any way; roost of these
gentlemen being interested in tnanulac
luring establishments iny effort was to
get their influence exercised in any
way I could and I urged them to do so:
another meeting wo* called at Mr.
Washburn's office in Worcester soon
after this ; it was a meeting of the man
ufacturer* of Worcester county : they
were urged to exert all the influence
they could to defeat Butler; think elec
tion in Massachusetts honest and am in
dignant that a committee is here to ex
amine into any such question.
•lohn I>. Washburn, Republican, (jive
in Worcester ; called a meeting of man
ufacturers at my office in October, I*7* ;
the pur;>o*e was to get them to influence
their employes; Mr. Thayer, the Re
publican chairman, was there ; he urged
the gentlemen who were there to get
their j eople to vote the Republican
ticket; 1 thought this right, and saw
several f>( the employers of labor after
wards, and urged this u|>on them; the
men who were at this meeting were all
Republican*, and all would have voted
without this meeting, hut wo wanted
their influence exerted.
INTIMIDATION.
KANfEArTvaaas' "txi.t axca"—WHAT IT
MEANT IK RANCH*IO.
The Hon. Eli Thayer, Democratic
candidate for Congress, in 1878, against
Hice: He (Rice) had s|K>ken in hall
owned hy Manchaug coronation, in
that town, and I went there to speak ;
they refused to allow me to speak there,
and I spoke in a barn ; the hall had
been used for minstrel troupes and for
other public Ttsea.
Saaon Watera testified: At the elec
tion of 1878 Mr. McArlbur, superin
tendent of the Manchaug ror;>oration s
was selectman and saw the ballots of
the employes a* they voted ; Chase and
Knox, other employe* of the corpora
tion, stood hy the polls and saw the
votes and controlled the employea as
they voted ; voters had to pas* up be
tween rows of corporation men to vole.
Terrence Kennedy : Was active as a
Butler man in 1878; occupied a tene
ment house owned by the Manchaug
cor;>oration ; son and niece worked in
the mill on the day of meeting held by
Eli Thayer; I got notice to vacate my
house within two weeks ; I saw Chase,
the agent; he said he did it hy order of
Mr. McArthur: I said I would stay and
vote ; he said I should go out; I said I
would not, and I fought for my posses
sion, and did stay there and voted for
Butler ; the fact of my notice to leave
became public, and bulldosed and in
timidated every Butler man there; the
houses sre ownsd by the Manchaug
corporation; Chase votes men there
who have no votes; the men are hauled
to the polls by the teams of the corpo
ration, and Chase received them there
and saw that they had Republican tick
ets and voted them. McArthur would
look at the tickets aa they were put in
the box ; I objected to this and he stop
per! it, My son was discharged from
the mill four (lavs after I got my notice
to go out of the house; he and my
nieces all left. They lived with me j 1
left tlio town and live in Connecticut
now.
Frank Kenne<ly ; Lived at Munchang
from September 15, 1878, till after the
election ; before the notice to father to
leave hi* bonne the men who were work
ing in the mill there subscribed toward
raining a flag for Butler : ufter that they
were very shy, and would do nothing;
I got a French speaker to apeak the
Saturday night before election ; there
were a number of Frenchmen employed
there ; the apeaker told them in French
I would furnish them with tickets;
they already hud been furnished with
Itepublican tickets by Chose, in sealed
envelopes ; I watched on election day,
and a* the men would come up in the
company's wagons to vote I would slip
them Butler tickets in envelopes, and
get from them the tickets they had.
I exchanged twenty-seven tickets in
this way, and found the Itepublican
ticket in those they gavo me We were
careful not to let Chase see us making
this exchange of tickets. They showed
mo three tickets the night before elec
tion, given them that morning hy
Chase. Etch of the Frenchmen sought
rne to tnake the change of ballots.
I'imor W. Putnam, Prohibitory Re
publican: Live in Sutton; was at elec
tion November 1878 ; beard Chase, em
j rilove of Manehaug corporation, say be
hid carried bis point; a settee was
tilled with men by whom the voters
1 weie Watched as they went up to vote ;
i MoArthur employe of corporation, was
chief selectman in charge of ballot box ;
men were brought (Iran the mills ami
voted, and taken back in same wagons.
•lohn O. Parker: Saw voters of the
Manehaug corporation hauled to polls
in their wagons and taken back in the
same aft-r they voted ; s.nv ('base take
tickets out of the hands of mill hands
and give them another, and said :
"CAKKV THAT IV.'*
I'hey did so; am n |>e<ller and a Repub
lican.
Henry .1. Whiten : At election of
1877 saw Knox take tickets out of the
bands of several of the employes of the
corporations and give them others ; tore
those up he took from them. Chase
told me lie could control the men and
and would, but he would not lose six of
) the men employed by the corporation.
( Know a good deal of the State and its
! elections.
R. 11. Hutchinson : The Manehaug
corporation controls the affairs of the
| town of Sutton ; < 'hose controls its votes
■; and assesses the property of the town.
Mr. McCafTerty : Live in Dorclic*
; ter : had a talk with Adin Thayer about
I manufacturers' meeting in <>ctoler;
I *atd there was a meeting of roanufac
turers, but nothing done wrong ; would
agree there was if Crompton would say
j so; talked with John D. Washburn
about the same meeting ; be said there
was such a meeting, but it was not
wrong; said it was right to try to in
fluence a.id control the men ; know
1 Terrene© Kennedy ; was his tatinscl in
Manrhaug cose; be would have been
turned out of his bouse l>efore election
had they began right ; they had to take
: two processes to get him out; I regard-
I ed it a* a case of bulldozing for voting
for Butler.
Frsnk Kennedy (reexamined): Was
at Manehaug and beard a con vernation
lietwecn Chose, mill agent, and Stevens,
barber ; Stevens said he was going to
vote for Butler; Chase said he thought
it was not to his interest to do so ; after
wards heard Steven* say he was all
right, he was for Talbot, and
woci.o r.rr |IO roa ins VOTE
after the election ; the money had come
to town the night I-ong, Republican
candidate for Lieu tenant-Hover nor, bad
come there ; he said the ballots would
bo marked and tlicy could tell how
each man voted.
"INFLUENCE."
ITS APPLICATION IV M EIUTER A*T> ISI cm. AS,
Andrew ,1. Waters lives in Webster,
Worcester county. The Plater company
own cotton and woollen mills in the
town ; have a large number of employ
es ; most of the voters there are Irish
and French. Ashcr T. Moore is the
agent of the corporation in control of
the woollen factory. HP is selectman of
the town. He had charge of the hailot
l>ox lietween 12 and 2 o'clock at the
November election, 1878. He was not
there before or after these hour*. The
mill hands were brought to vote lav
tween 12 and 2, in teams, and taken
bark the same way ; after voting, Lnv
ery and Fletcher, two other officers of
the cor|>oration, were there and furnish
ed tickets to the men to vote as they
got out of the wagons; they were Re
publican tickets; the men who voted
were nearly all l>emoorats ; Moore could
see how each man voted ; the ballots
were open ; we had thirty of these men
on the mils of the Butler club who were
voted against us; the men said they
could not vote as they wished, as they
would lose their job : they had to be
very secretive about who they were for
for (loTernor ; was a Republican myself
until lost fall.
John I. Loves Live at Webster; a
Butler man ; know of the conduct of
the election in November, 1878; Bart
lett is the agent and in control of the
three State eor|>orations in the town of
Webster; Hilton is superintendent of
one, Moore of another and Fletcher of
the third ; Sabresy is su|>erinten<lent of
the store; all theae men are Republi
cans, and all of tbem, except ltartlett,
were present and active on election .lay
controlling votes ; the men came up to
gether generally and voted between 12
and 2, while Moore had charge of the
ballot box ; if they voted open ballot he
could tell what it was; one of the oper
atives, Lynch, subscribed money to and
joined the Butler club, but voted the
Itepublican ticket; from twenty to
thirty of our men voted Itepublican or
absented themselves; one or the opera
tives, Sherlock, came to me with a seal
ed envelope and said his overseer gave
it to him ; he did not know whether it
wee Democratic or Republican, but did
not want to vote it as he was told to do:
I gave him a Butler ticket in a sealed
envelope; don't know if he voted it;
he was afraid of being discharged if he
did not vote the ticket they gave him.
J. M. Draper: Live in Itouglas,
Worcester county; work at Douglas
axe factory ; Moore, the agent, and Al
bert Butler, foreman of the shop there,
were distributing tickets on election
day in 1878; Butler told the man they
MIST VOTE THE MEPtULHAN TICKET;
it was the interest of the company they
should do so; Democrats among them
voted the Republican ticket ; Butler
stood at the ballot-box mid watched
how the men voted ; lie could tell, for
the hoi lots were open ones; Moore
stood at the front of the room where
the men catno in ; Butler in the rear of
the rootu and at the ballot-box.
Wurreu Casey : Discharged lrorn Dou
! glo*' works for voting for Butler; was
wurned when he voted for Huston.
Charles A. Stearns ; More constraint
in elections in Douglas in 1878 than for
thirty years; never saw the agent of
the company peddling tickets until
then.
BULLDOZING AND BRIBERY.
AS IT WAH lUACTHKD IN CHELSEA AND
OAKIiNEK.
W. J, Dowd, Chelsea : Heard Curry,
oil manufacturer, tell a colored employe
on election day, 1878, that he must not I
vote for Butler or be coul.l not work
for him.
-lames .P. Creed, Chelsea, age] twenty
five, employe of the Elastic Fabric Com
pany in Chelsea, said they could not
vote for Butler or they would lose their
places ; Bell, the foreman, stood at the |
polls all day to see how the men voted ; ]
Sullivan, the official of the company, j
told the employes they must not vote 1
for Butler.
Frank McHovern, Chelsea; Heard
| Burry, oil manufacturer, say to his col
ored man (Cray; on election day, if he
voted for Butler he did not want him
any longer.
Robert N. Gray; Lived with Curry
thirteen years; on election day he told
me if I voted for Butler In* did not want
mo any longer; In- said I might vote
f r Morse, but he wanted me to vote for
Talbot ; Mr. Curry discharged me this
morning; was in his employ since unfit
today; last November a* lie was going
down to City Hall to vote, Curry asked
him whom he was to vote for, and, not
| answering, Curry said : "lea k here: I
have done a good deal for you, and if
voir vote for Butler I will discharge you.
*1 ou can vote for Morse if yon want to,
| but I want you to vote for Talbot."
' (By .senator Wallace.) What did
vou say when you came back ? A.
Nothing.
Did you go on with your work ? A.
1 went on with it.
\N li.-n did you get your summon*
to appear here 7 A. Last night at 10
o'clock.
, 'j. When were you discharged ? A.
; This morning at 7.3(1.
'I. Did Curry give any reason for <lis- a
I charging voir ? A. No; he said I
needn't take the team any more,
i 0- Did he seem to bo angry? A.
! Yes, he seemed to be.
(By S-nator I'latt.) How long
have you worked for Mr. Curry? A. !
I Thirteen years.
j tj. Ever l*-en discharged by him for
anything? A. No, sir.
I. A. l'erham, Hardnor, Worcester
county: A man named Newell, from
Boston, 1-osrded with me 'rnm July un- j
til after election : three or four .lays be j
! fore election, in November, '7B, he came
| in with
A BOM. OF BASK BILLS,
; took them out and said be had got
them down at the national bank : he
offi-red me $lO of it if I would vote for
Talbot ; or $-'. if I would not vote : I am
a I >einoerat and so was he : I refused to
lake the money and voted for Butler.
Kemp V. Lynde proved dismissal of a
man from employment by an overseer
of poor in Hardncr, for voting for But
ler.
THF. PLYMOUTH CASE.
XATITEIIOKN CITIZENS roN<Bt> TO Besom
IIATC BALIZEn.
Thomas D. Shumwav: Live in Ply
mouth; a decision of the selectmen was
made that young men born of foreigq
parents within the Slate could be regis -
tered ; this made difficulty, and preven
ted many registering : this decision was
made ten davs before election, and was ■
reversed on Slondoy evening, about 1(1 ;
o'clock, l>eforo election, but too late to !
register and vote; know of two who 1
got registered, but beard of a dozen ex- j
eluded; one of them got naturalised ;
his name is Morrison. This is the na j
turalisalioti paper, it read* that he
was born in Massachusetts. One of i
these men born within two rod* of 1
Plymouth rock. Four selectmen Re
publicans and one an Abbott Democrat,
■lohn O'Connell went o pay hi* poll tax.
Nelson, chairman of the board, told me
ho had the opinion* of two lawyer* on ;
this |oinL. I told him I was not satis- !
fied with this opinion. Hot opinion
from clerk of court in Boston reversing
this. No action taken until Mnn.lav
night, bforo election. Foiled 110(1
votes in the town.
W. 11. Nelson : Davis L. Ixtrd gave an j
opinion that person* born within the
State of alien parent* were not entitled
to registration until naturalised; in
1878 Mr. Healy of Boston, city solicitor
snd clerk of our county, coincides! with
the other opinion ; Ueneral Butler gave
hi* opinion against this; the attorney
general did not give his opinion, al
though asked; we decided that they
were entitled to register, and made it
public either on Saturday or Monday
afternoon Wfore election ; we held they
must le naturalised before they regis
tered ; I stn chairman of selectmen.
WITHIN TURKS ML I.E.* OF PLYMOUTH MOCK.
Andrew Corr i Born within two miles
of Plymouth rock ; my father was an
alien, born in Ireland ; they refused to
register me liecause I was not naturolit
e<l an.l my father was not; i went sev
eral times and finally found they had
registered me on Monday before elec
tion.
Alexander Morrison : Born in Sand
wich, Barnstable county. Moos.; my fa
ther born in Ireland ; wanted to be reg
istered ; the selectmen refused to regis
ter roe because I was not naturalised ;
Hodge advised me to get naturalised ;
I did so in the court; and this is my
paper.
U. B. OF AMKKICA, )
COMMON WEALTH OP MASSACHUSETTS, -
PLYMOUTH COUNTY, RS. )
To all people to whom these presents
shall come, greeting.
Know ve, That si a superior court, begun
sn.l holden at Plymouth on the fourth
Monday In October, In the year of our
Lord one thousand eight hundred and sev-
enty eight, Alexander Morrison of Ply
mouth, in the county of Plymouth and
,State of Massachusetts, born In the town
of Sandwich, in the county of Barnstable,
Massachusetts, imvlng produced the evi
dence, and taken and subscribed the oath
required by law, was admitU-d to become
a citizen of the said United htat'-s accord
ing to the lot* of Congress in such cases
made and provided.
In testimony whereof I have hereunto
set my hand and affixed the seal of said
court, at Plymouth, in said county, this
•lret day of November, in the year of our
Lord eighteen hundred and seventy-eight.
(Higncdj Wlmiak H. VV hitman,
(Hl.> Clerk.
I wo* sworn and *n were my witnesses;
after that I went to the selectmen and
they registered me, and 1 voted for
Jlutler.
F. W. Bobbins; .Selectmen at Plym
outh refused to register the young men,
and 1 think ne.ar a dozen of them lost
their vote* who were born in the Htate
because of this refusal to regi*ter them.
Lemuel Bradford : Selectman at Ply
mouth ; Hodge removed to Boston with
hi* family in October la*t: came hack
when hi* name was off"and wa* allowed
to vote ; he wa* and i* in the Boston
customhouse; men born in the Htate
of foreign parentage were refused regis
tration because not naturalized.
IN i.E.NXKAI..
McCarty; Supervisor in Ward 12,
Boston, carefully examined the list*
given liiui by chief supervisor, and
found but three name* to check a*
doubtful. I he*e name* did not present
therim-lvc* on election day; 400 in the
precinct.
Kilduff and i'aily : in employ of gov
ernment on new post-office building in
Boston lust tb- o .e, ; w< e known a*
Butler men ; were dicharged lefore
election day ; think ot voting for But
ler ; both soldier*.
•''Conner : I'iscbarged in Cambridge
port on evening of election day for vot
ing for Butler.
Plymriton, Worcester: All the board
of registration in Worcester last year
were Republicans; rejected I'euiociat*
from registering because presented by
the democratic committee; they pre
sented themselves through the Repub
lican con nitt-e arid were registered;
the effect of the rumor* at>out the man
ufacturers' meeting, held in Worcester
in "ctober, wa* to cause tbe employe*
to t.c silent and decline to act with the
Republican party.
The Federal Union.
The following disquisition on our sys
tem of government, which we clip from
the Philadelphia /freer,/, should le read
by all men. ami bv them repeated to
the children. The enemies of the Re
public are busy in poisoning the minds
of the young, with a design, at no dis
tant day, to break up our free Federal
system and Iran form us into des
|>oti*m :
"Siovereignty is one of the many
words of our great composite language
which come to u* from the Norman
French, lexicographers define it a*
signifying the supreme jower or rule.
Authority is one of it* synonyms.
Bouvier, in hi* law dictionary, quotes
Judge Story as declaring that in the
United States the atwnlulr sovereignty
of the nation is in the people, while
the residuary sovereignty of each State,
not granted to any of its public func
tionarie*. i* in tbe people of the State.
This idea of a divided sovereignty wa*
quite familiar to our forefather*, and
none of the authorized spokesmen of
either of the two great parties which
existed in their day denied it. Feder
alist* and Republicans alike admitted
it. This they oould not well help doing
with the recently adopted Federal Con
stitution before them. That instrument,
It is to be feared, was more thoroughly
and oftener studied then than now.
There i* reason to Itelieve that many of
our politicians, including some who
have reached high station, have never
read it more than once or twine.
XA a few of our present public speak
euHN writer* are indulging in dentin
n* of State sovereignty, as if tbe
Trty idea of such a thing were a vision
ary notion and a wild and perilous her
esy. They see. or pretend to see. the
l>os*ibility of hut one sovereignty in a
single governmental system. They for
get the fact, or knowingly ignore It,
that, in the complex scheme construct
ed bv the ingenious wisdom of the
founders of this government, the vari
ous flower* of sovereignty—which are
not a unit, hut distinct and several—
were deliberately distributed between
the nation and the States, and that each
in it* separate sphefe, and a* regards the
subjects allotted it, is supreme. An
intense and eager devotion to consolida
tion runs into absolutism. A single
sovereignty is the equivalent of pure
autocracy. It ia nothing less than des
|iotism. This was tbe especial evil
which the Ranters of the Union sought
to avoid by a discreet partition of the
supreme authority.
The Federal Constitution realised the
dream of Cioero, whose ideal optima em
nMuta rfpyjtlifa was a government organ
ized with a proper balance of tbe ele
ment of regal, aristocratic and popular
power, a* expressed in executive, judi
cial and legislative departments. The
people being the primary source of
authority in the new republic, the laws
are made by their immediate represent
stives. The ariscotratic principle be
comes concrete in the judiciary which
expounds them. The regal integer ap
pears in the executive which enforces
them. The same three fold system was
adopted hy the Ntatee, and is tbe arch
etype or standard of that "Republican
form of government" which the United
Slates guarantees to every Stale.
Not only are the attributes or func
tions of sovereignty in this country
separated into theee three distinct j/ji
independent classes, hut there Is a
further division as to its subjects be
tween the States respectively on tbe
one band and the nation on the other.
Within its prescribed sphere, and in all
things which relate to its own juriadic
lion, eeeh ia sovereign. The national
jurisdiction is more august and impos
ing, embracing, as it does, those larger
and more general functions which are
the marks of peerthip in the family of
nations, and armed which it con
-1 fronts the world. These are the power*
vested in the Federal Government rr|*.
tiva to security from foreign danger, for
regulating intercourse with foreign
nation* and for maintaining harmony
and proper intercourse among thn ,
Htate*. To these are added power*
concerning certain mi ncellaneoiM object*
"f general utility, such aa the grant of
patent* and copyright* to inventor* and
author* ; exclusive legislation over the
Jhalrict of Columbia and the fort*,
magazine*, arsenal*, dock-yard* and
public building* of the United .SUte* ;
the power to declare the puniahment of
treaaon ; the admi**ion of new Ktate ;
the control of the Territorie* and the
protection of the State* against invasion
and domestic violence. Another cbi>*
of provisions in favor of the Federal
authority consists of re*triction, some
; absolute and other* qualified, upon the
! power* of the several State*. The State*
are prohibited from making traatie*,
from granting letter* of marque and re
; prisals, from coining money, emitting
hill* of creditor making anything ex- i
cept gold or * Iver coin a legal tender,
: from pa*ing hill* of attainder, er jtoxt
'fur-to law* or law* impairing the obliga
tion of contract*, and from granting
title* of nobility. Without the consent
of Congre**, no Slate can levy impost*
or duties on ini|>orl* or exports, except
what may be absolutely necessary for
executing it* inspection lsws ; nor can
it lay any duty on tonnage, keep troop*
or ships of wsr in time* of peaoe, enter
into any compact with another State or
Willi a foreign I'ower, or er 'age in war
unles* to repel invasion. This specific
enumeration i* thus minutely given (
j here because ail other government
jiower* of every kind whatever belong j
under our American polity to the sev ,
| eral State*. The tenth amendment to
' he Federal Constitution declare* that j
: 'the powers not delegated to the Unit- ' I
<1 State* l,y the Constitution, jor pro
hibited by it to the State*, are reserved
to the State* respectively, or to the j>eo
pie."
'I h:s great ma** of reserved power*
c institute* what i* meant by the resid
ue *y sovereignty of t..e States. The
phrase i* a favorite one with the bc>-t
; constitutional jurisconsults. State sov
reignty includes tin* right of eminent
domain and the jowerof life and death,
Iwth of which are acknowledged attri
, butes of supreme authority. While
the functions of the pe.tcral Govern
ment are few and definite, the j-ower*
: of the State Government are va*t in
! extent and multitudinous in their oh
j jects. Tuey l ve, in fact, no limit—
subject to the restriction* above noted—
-ave in that unsurrendered ruu/trum of
individual liberty the protection of
; which i* the one purpoje of free gov
ernment. It is the States that admin
: liter, through the machinery of their
j municipal codes—that g.-and common
| law of Kngland which investigate* and
| unishes offences against public justice,
: which maintain* and regulate* civil
' privileges, and which secures the *l*o-
Itite and inalienable rights of the j-eo
ple. It is the State* which redrew* our
i grievance*'; which gusrantee the rigl-ts
lof j>er*on an<l property; which make
operative the franchises of habeas CO.-
! pus and tri*l hv jury, and which every
where surround u* in our daily avoca
tions with an overreaching and all j>er
vading atmosphere of protection."
True Heroism.
As we go to press the yellow fever is
ravaging Memphis, with no hope of the
dread scourge Abating until frost shall
have come to blight it* virulence. The
mortality in the hapless city of Memphis
i lev* formidable than it was during the
yellow fever visitation of last Summer,
simply because there is leas material for
it to feed uiKin. Warned by the awful
malignity of the contagion last summer,
a majority of the citizens abandoned
home, buine* and property, to seek
safety in flight. Prominent among those
lhat have voluntarily remained is Fred.
Xicholls. one of the staff of the Mem
phis Ava/anekf. All of his colleague*—
editorial writers, reporters, compositors,
pressmen—have fled from the stricken
city to preserve their lives. Mr. Nicta
olls remains alone, and unaided gets
out a weekly edition of the Avalanche,
It is a small sheet, yet its preparation
must keep the brave man busy all day
of every working day of the week. He
is in himself ail the editors, reporters,
compositor*, and pressmen. There is
no tone of despondency in the greatly
reduced Avalanche: in every number
the heroic journalistic factotum cracka
jokes at the expense of grim Yellow
Jack himself. lie gives all the local
news, and a strange picture it is —shot
ted cannons commanding deserted ware
houses and mansions to keep off thieves; #
uniformed negro militiamen, armed to
the teeth, patrolling the streets, guard
ing the property of the alisent citizens;
a ghastly record of the fever's deadly
work.
Mr. Fred. Xicholls wears no glittering
uniform ; no journals record his heroism;
for all that, be is far hiaver than the
soldiers who are foremost in mounting
an enemy's work, and flaunting their
own flag amid a rain of fiery death on *
the ram|>arU of their foemen. There i* ...m*
no excitement to sustain the courage of
Fred. Xicholla, as alone he plods in the
solitary rooms of the Avalanrkt office.
The niter loneliness ol the place would
alone he sufficient to strike terror to
less heroic souls. That he went through
the same perilous duty during the visi
tation of the epidemic last year, does
not detract one wbit from the credit
due him as a man of extraordinary
courage, capable of the greatest sacri
fice ; for neatly all the reel of the Mem
phians who remained at the post of
duty last year fled this season, even the
citizen soldiery joining in the stampede
with the excuse that they had stayed
once and braved death to protect the
possessions of others, and that it was
some one else's turn noww. Mr. Xieh
oils did not make any excuse, nor does
he indulge in any boasting. He does
hit heroic journalistic work without
any self laudation. If he livee through
the present term of the |>estilenoe— end
we sincerely hope that he may—the
journalists ef the United States should,
in some way, unite and pay a tribute to
the bravery of a man who ia a rare honor
to hia profession.
A rorr say* ; "How sweat the music of #
the Sabbath bell," and yet there are
men who prefer to listen to it a mita or .
to away in the vicinity of a berry patch. ]