F 154 .L92 Copy 1 LETTERS FROM HON. M. B. LOWET, SENATOR FROM ERIE, TO GEORGE BERG:^ER, Esq., EDITOR HARRISBURG TELEGRAPH. ERIE, PENN'A. : Republican Steam Printing Establisument. 1870. LETTEES EEOM 5 Ho^. M. B. LOWET, SENATOR FROM ERIE, TO GEOEGE BEEGNEE, Esq., EDITOR HARRISBURGH TELEGRAPH, Ko. 1. TIjo 'Slesslau of Tlie Marrisburs' Tclo- C^orrespoiidoijcc . IlAKr^iSBURG, Marc'ii 1, 1870. Dkacon Geokge Bergker : — As you are the editor of the only Republi- can paper at the capilol of Pennsylvania, as you are the late j publisher of the LegidcUive Record, as you are the contractor for the stationery and do the advertising of the State, as you are a banker of the funds of the Com- monwealth, as \'nu arc a law-seller and the l;ingof the "ring," as you are a distinguished ex-mule and horse contractor, as you are a lurnier agent for bounty-jumpers, as you are a vote seller of members of the Legislature, as you are the agent for all Legislative jol)s, as you are the ^lackey elector, as you now are and long have been Postmaster at Ilar- risl)urg, I know you will pardon me if I have omitted any of the numerous titles you hold and have so well earned. Ever since the commencement of tlie present session of the Leiiislaturc you have advertised me faitii- f'ully and gratuitously'' in your own pure and incorruptible paper, the whole aim and pur- pose of which lias been to read me out of the liepublican party, and to rentier me odious to the people of this State, and especially to those of my own constituents whom you have kindly furni.shed with krgc editions of your paper without charge. As there is no o; her Republican paper at the seat of go^-- ernment but your own, I most respectfully ask tlie Eceninrj Tdegrnph of Philadelphia to enable me to be faithful to you and just to myself, by publishing these tokens of my af- fection for you. As I have bit little time to spare fnnn mj official duties, I shall proceed to answer the accusations of the "Heathen Hessian" in a series of letters as brief as pos&ible, and be- fore I get through with you I will show u]> and expose to the people of this Common- wealth your' recorded peculations from the books of the Auditor-GencraTs office — pecu- lations which are but trifling in comparison with those which are unrecorded. My first of!en,se against the peace and dig- nity of the Republican party is that lastyear, as well as this year, I refused to abide by the decision of a caucus to pass the Metropolitan Police bill, and also that last year, and this year, I refused to vote for ]\[r. Jlackcy for State Treasurer. In this lett'^r I shall only briefly refer to the Metropolitan Police bill, that hideous legislative monstorsity, and the reasons which actuated me as a true and faithful Republican in opposing it. In the first place, as a t-ue and honest Reind)lican, nc consideration that could be presented would ever induce me to aid in the passage of any bill that woidd not only bankrupt the city of Philadelphia, but that would destroy the very foundation upon which our republi- can institutions rest. This liill struck a fatal blow at the republican coiiUitution of our State ; it was in ilirect opposition to tbe let- ter and spirit of the Federal Constitution; it invaded the sacred rights of the people to manage their domestic affairs in their own way, and it deprived tlic people of their in- herent sovereignty, the right to govern them- selves, and all this I was re(iuired to do for the benefit of a ring of bad men, of which you were the ring-master. Admit for one moment the doctrines contained in that bill, and you may say a long farewell to civil and religions libertv ; you establish an empire upon the ruins "of this glorious Republic, you desecrate the Temple of Liberty, and convert it into the palace of a despot. Out of your own mouth vou are condemue'l. Look at the brutal attacks you have made upon me for that vote, and then look at your paper of the 11th ultimo, containing the immortal message of (jovcruor Geary vetoing the bill, and read your short but pointed editorial. The irresistible reasoning, the unanswerable arguments, were too much for you, and you were compelled to justify my c(5urse by ap- proving and endorsing the veto. As far my information extends, every paper in this State has endorsed the veto, and thus sus- tained me. except three Republican i)apers, one in Philadelphia, one in Pittsburgh, and one in Erie. With a unanimity unparalleled the Avhole press of the nation approve of the veto, and commend it in the higliest terms. This mes- sage has done more, and Justly, to give Gov. Geary a national reputation than any or all other public acts in his life. It must have had a tremendwus power and force, or you never would have yielded to it in the tiuck- ling, sycophantic manner you did. When this vile invasion of the people's rights first ui^peared I took my stand as a Re- publican, solitary and alone, against it, and continued to light it unawed and undoubted, until Geary drove the peblde of truth deep into the forehead of this uncircumcised Phil- istine giant, Avho expired amid his weeping worshippers, among whoin you were chief. I stood, sir, unmoved, the storm of your detraction, until it spent its force and lulled into a quiet calm. The reservoir of j'our slander, "the foulest whelp of sin," has been exhausted and tlio bright raj's of the sun of truth are about to penetrate the dark recesses of your rascality, and expose you to the pub- lic gaze in all your native and naked deform- ity- Before 1 am e coil's Vileness. Harrisbukg, March 2, 1870. Dkacon Georgk Bergxer: At the conclusion of my letter of yesterday I lelt you hissing likf a i^erpent at me for v«ting against the Minropolitan Police infaniy. because you could not use m", and cooing like a dove to Governor Geary for vetoinor this same mea.s- nre, "that thrift might follow fawning." In this you n)ainfMSted at)out thesame consistency as you do upon the bill for the establ shinenl of a new county with its seat at Titusville. In your vile paper, lieretofore, which boasts of leading tbe great Republican party of Penu- svlvania you base charged me at least a score of times with being personally interested in it to a very large amount in securing tbe passage of the measure; and in the same paper of the 24:th, afiei- you had done your infamous work, there yon ay that I went back upon my per- sonal interest (a thing that jou were never ac- cused of doing), and defeated the passage of the new county bill in the House. In my sim^ plicity I had not supposed, imtil you made the wondenid discovery, that I controlled both branches of the Legislature. But I was led to believe, from rumors in the ears of every one, and what was manifest to all, that there were at least more than thirty men of the Hou.«e who could each produce two hundred better reasons than you give in your paper. These private reasons, if rumor be true, were given by v(m to them in envelopes. You always have boasted that jou could purchase more Democrats with the same mon- ey than you coidd Republicans, and your ne- gotiations upon the new county bill satisfies me that for once you told the truth. You al- ways purchase at the lowest market price, and sell at the highest. But this is a digression from the main oV>ject of my letters which I have started with. They were not so much to defend myself as to expose you, and I will not in the future be switched ort' upon !iny side track. ITow dare j'on (jne?- lion my Republicanism, and Lbat of a band of men too lioucst to be boui:;lit and too luave to be driven into voting- fur a candidate tbr Slate Treasurer, when Ibey knew, ar.d everybody knew, that your ortrnnizaiion bad corrupted a majority of the caucus bofbre you had called ihem together? George Bersiner. you .'sir. have bad an unin- terrupted career of fraud at the capiiol. galh- erins;- gains from i moie willing to enter int > alliance with political foes for plundering tlie Treasury than to unite with a political tiieiid to protect it. It is no secret that your I'aper is a vile organ ofa dangerous ''ring." and the defender and coverer-ui' of ttie tracks uf the vile. You, sir, who. by persistent prac- tice, have lived in the faith that the end of all public life should inure to the corrupt foi tunes of jjri'fiigate adventurers, of whom you, a lew years aiio, were a mere ajiproiUice. but are now chief, should not call in ciuestiou the in- tegrity or Republicanism o( any man I now propose in this letter, and that which is to follow, to dissect your political course, and let the people of this Stale smell you, and they will be enabled to say with certainty who have been betrayers of the party and the plunderers of the State. For forty years I have been a careful observer of politics at Harrisbnrg, and for nine years, during all the reign of terror through which we have passed. I have been a watchful man of your course, Auuing the m isses of ihe gi-eat m ijority which compose the Republican party its principles are held sacred and dear, aud those Republi- cans who I his year refused to vote for your can- didate for State Taeasurer are among the best men in the State and from the most faithful Republican counties. You were here at Har- risbnrg when thousands laid down their lives in tlieir devotion to the principles of the Repub- lican 5)arty, and to-day the country is filled wiih the widows and the orphans of the he- roic martyrs. At Harrisburg. in the circle where you move(l,when the nation was bleeding at every pore,tf e only incentive that entered the heart of you and your a-sociates was to plunder —feasting on the holy offerings that others made to insure the safety of the Government ! You, during these times were clinching vowr game.-*, and selling and ro-selling your influence with your horses and mules, when the brave, the generous, and the patriotic wore spilling their blood and scatcring their fortunes to crush treason. The war, thank God, has now passed. Re- construction is a li.ved fact, and good men's fears are not that the G&vernmenl will be 'ost from enemies without, but that it will be de- stroyed by corruptiouists, like yourself, from within. The office of State Treasurer has been one of the mediums through which you and your eonfederates have boldly corrupted State polities, debauched both political par- ties, and outraged the people at large. It is no secret at Harrisburg that every man. pro- bably, .save one, who has held the office of State Tr«asu!er since lS(iO. and many before that day, purcha-ed, or by dishororable m ans procured, the votes < fa sutticient number of members to elect him before the caucus was called. The caucus system of nominations, which is a protection for party organizations, has, under )y means of tbocaucuis the candi- dates for State 'freasurer are forced by you and your paper, and your coconspirators, to ex- pend thousands of dollars to obtain the place, or to give you the whole treasury of the State to be used for venal purposes. Thercj is no at- tempt to keep this fact a secret. You have been an active dealer in such business for more than ten years, managing in that time (for be- foiethat you were comparatively a poor man) to amass an immense fortune, and which by far the greater portion thereof, by this aud other legislative and governmental rascalities, has come out of the pockets of taxpayers or corpor- ations that sought legislation at Harrisburg. All these gains were accumulated to gorge the avarice and greed of the vile body of men that the best men in Penn.sylvania now look upon as the greatest crivninals of the age. I do aot assert that in the sale of the office of State Treasurer, Senators and Representatives, as a general thing, have personally ''stepped up to the captain's office" and ofl'ered them.-.elves for sale, or that in all cases ihey can show the profits of this disreputable traffic. In this busine.ss the m; gic power is controlled 'in the wheel within a wheel," such as you managing to selt the votes of new members screwing up their fiears and ambitions to become members of commit- tees or the promise of office for the support of Senators' and Reprosentatives' votes in elections of Treasurers and other legislative commodi- ties. The mem thus bartered for, in many cases be- fore they left oome, were ignorant of knowing it, or feared for their private legislation and for their reputation in your paper too much to complain of it. Your frowns aud your flatter- ies, aud those of your backers have bad a po- tential influence. Your paper has been used as a straw to tickle or to tingle their ears, or as a penny whistle to please their fancy, or to damn them amongst their constituents. Hun- dreds, if not thousands, have been bound hand and foot, and voted to subserve the ends of your frauds. You could toll us now, George Bergner, if you would, the state of the negotiations of the raid of seven millions upon the treasury now about to take place. If those who have it in charge will come down gracefully, their bill will succeed. If they do not. you will crush it — 4 (lilt. (Uid unbliishingly claim tbat you acted fi'din piil)lic consideratif ns. [ shall continue this subject, Deacon Berg- nor. and I will be failtifnl to you, fairnCnl to the people of Pennsylvania, faithful to the lic- pnlilican party, that mu^it perish or set rid of you, and faithful to the cause of truth. MOKROW B. LOWRY. Xo. «>. He Traohs tlie EJeacotj-^ " Slimy Licusth" TlaroHsli tUa J^obbtes, and SUo^^•s Ills Prospect ctl' Sonne Day Han g-- iiis iroiii a l-aisi|»-po*t, Higli Above il»e Rest oil !!ie I'liiudereis. CoxTiNEXTAi, Hotel, PHii.ADKLPnrA, March ?>, 1870. — Deacon George Bergner: — Yesterday 1 parted with you ubmiiily. and with regret, at the capitol of law sellers; today I warmly greet yeiu from the city of Penn. My duties bc-re are of svrch a character that it may be out of my power again to salute you before I re- turn to the home of the bead of an organiza- tion which p\irchases, intimidates, and de- bauches men at the lowest price, and sells their votes at the highest— a city which has within itself an oriranizatioa of whi.h yen aie an out- rider, standing like a highwayman, demanding of every corporation in the State, as well a:< ev- ery individual who seeks legislation, their pur- ses or. their lives. Pardon me, my dear Dea- con, for this complimentary digression, and I will pi-oceed with the main issue. One year ago I protested against your out- rageous practice of corrupting a majority of the Kepiiblicaa party on or belore their arrival at llairisburg. and then calling a cauciis, when you knew that the knaves could oiitvofe the honest men, and compelliDg us to stiind by the party or suffer the ignominy ot voting with the Democracy. I protested against these out- rag«s, and showed my contempt for such cau- cus nominations by refusing to vole for the caucus nominee for State Treasurer. I would not have dared to have done so dur- ing the war, tor then we had a nation to save from rebels, but now we have to save it from thieves. The African to-day is riding in the cars, the negro has taken the seat of J;iFDav!.s in the Senate of the United States, the colored man will vote at all future elections, ho already represents us in the army and at foreign courts, and with these great facts accomplished, the qi estion of his position is forever establishele. more corrupt masters. Your newspaper has been prostituted to these disgraceful purposes, and is the defender now of (he ))lundeier.- of the Treasury, and the defamer ol those wh(un you could not purchase, and who are endeavoring to protect the pub- lic moneys from swindlers and robbers. Oiio year ago I was compelled, injustice to the peo- ple and out of regard to the honor of the Re- pul)licaH party, to strike at tho-^e who are its wor.-t enemies, and try to protect it from fur- ther polln ion. Of coiu>e. in doing this [ in- curred your hatred and that of your confeder- ates, who monopolize the deposits of the pub- re money, and who do the great measure of their banking business with the funds of the Commonwealth. A year ago you supposed the Treasury thieves had become permanently fixed in power, and you, Dtacon Bergner, al- so started a t)ank, that you might share in their profits, Mr. Mackey, the State Treasur- er, giving you a deposit, on which capital. I have leasou to believe, this institution was solely based. My course and that of my com- rades put an end to your note-shaving with the public money. And when I used my efforts to save the Republican party and the .State Trea- sury from the clutches of thieves.' I drew upon myself their miilignant hate, and thou;:b you ^vere ])ut forward to tiirnw your tilth upon me. 1 knew that behiad weie those who owned and used you. By the practices to which I have alluded, youandyourconfederat.es have amassed for- t;ines, gigantic in proportion and in fraud - fortunes stolen from the Treasuries of thft S a'e and General Government — and it is stated as a fact, and I believer it to be true, that you may present a bill of an- character, however questionable, and for any amount of money, and you can pass it through the Leg- islature. Tb« fortunes thus m-'de are now fioldly used to defy the will of the people of Pennsylvania, by corrupting their rapresentti- lives wh<^never it is the interest ot these men to do so, and after having once dono so, auda- ciously make it public that whenever they wanf a Senator they buy him like a sheep in the shatnbles. The defeat of Mr. Mackey for State Treasurer was the o ily way I could see to the beginning ot the end of this shame and fraud, which the people of Pennsylvania have so long and so grievously suffered. I tiave started an iuvosti- gatiou, which has already developed a condi- tion of affairs which would, if driven homt-, arouse the apprehension of every tax-payer, and impel the people to force their represeuta- tivee to inaugurate an absolute reform in their legislation, ar Ihey will tivko it in their own hands, us the people did in the French rovolu- t'on, and hany the leaders to the lamp-posts ot the Capitol, and yon Deacon Bergner, when that day comoij, will be exalted above the rest, as chiel among the clan of public plnnderers. Believe me, dear Dcnxcon, with distinguished consideration, faithfully yours. MOKUOW B. LOWUY. Xbe Figriire!* in Tlie Case-Bereiior UruwM Over $'.iOO,000 from tlie Slate Treaiotiry ill NiuoVearx.Liilio*viNe $200,000 I'roui Otker Public Treasuries— $3O,0OO a Vear iu Clear Oaiu, Harkisbuuu, March 4, 1870. Dkacon Geouue Bekgxer: — I salute you again this morning, having re- turned to a city and a Legislaturi' which you and your associale.« are fast making od.uusaud infamous by your vile practices. So inldmous. that th* public, when they see that you, you yourself, without exposure until now, have made a sum out of the sweat ol' the people suf- ficient to build a State Capitol in any square in Philadelphia, will be astounded, and you had better i)reparo to meet the scorn and right- eous indignation which your conduct so justly deserves. In my first letter 1 promised to give, the people some ot the items from the Auditor- Generai'a office of your recorded peculations. The unreconled ones of which I spoke will, la all probability, be covered by an impenetrable veil until the great day of accounts— lor under the laws of Pennsylvania you are a close cor- poration. Deacon George Bergner, stand up and listen to thd following statement from the Record : In 1861 — For furnishing Senate and Ilonse with Ptaiiouery and piintin>r the Btcord $10,180 In 1862. •' " " 9,.S14 In 186.9. •' " " 8,6S8 Inl.-'64. '• " " 12,<39 In 186.5. " " " 13,S84 In 1866. " " " 17,71^ Inl8H7. •• " " 2--J.V9-! In 1866. " " " 4-i,'(70 In 1869. " " " 'i0,357 Total $158,506 It must bo borne in mind, while contemplating this vast sum, that you have claimed and been allowed the monopoly of hirnishing nil the de- partments, while in the hands of Republicans with all the stationary used therein since 18G1, which may be safely aggregated at, for ten years, the sum of SoD.OOO, which added to $158.o06, makes the princely sum of $208,506 you have drawn from the State Treasury since 1861, M-iying nothing about tons upon tons of your worthless Le'jlslative Record which you sold to the paper makers, and pocketed the proceeds, after you had received pay from the Btu(ti i^t the rate of fifteeu dollars a page, ' (u addition to thi.'i, Deacon Bergner, you have been Postmaster of Ilarri.^bura; for six years, a place ilia' a crippled soldier and au honest mau should hav<5 eujnyed, at an ag- gregate salary of $18,300. While Postmn as to your other receipts of public money, 1 i/eliepe, is correct and reliable. You may have lieeu in secret schemes of i)liinder outside of y< ur 1-iw selling, with which I am not acquainte>l. You certainly are engaged as a constant barer in the lobbies of the l.,egislaturc, where you pass — G your time during the session of that body, in- stead of remaining in the Harrisburg Post Office attending t^ duties which you thus ne gleet, and for which you receive an annual salary of several thousand dollars. The Postmaster-General ought certain- ly to know that the Post Office at Harrisburg is, to all intents and purposes conducted without the pre^sence of its legally appointed Postmaster; one whom nine-tenths of the decent and respectable Republicans of this city repudiate, and who, if they had the power, would hurl from a positinn he dis- graces. In conclusion. Deacon Bergner, let me whisper in your ear. and suggest that before you go hence, you sell you ill-gotten hindt) and newly-constructed blocks, and have ihe pro- ceeds ready to deposit in the am>)le pockets of your shroud, and in a strong iron safe in your grave, wherewith to lemnt St. Peter, as you have often tempted mombert of the Legisla- ture, and be prepared to cheat the Devil, as this is manifestly the best use you are likely ever to make of it. As I intend to be as radical on thieves in peace as I was on rebels in war, I shall contin- ue this subject. I am, Deacon, as ever, faithfully yours. Morrow B. Lowry. No. 3. The neacoii's "Total Depra-^'^ity"— How He Used to Knii Up the Postage Bin of the Slate— How He Is watched While Passing Around the Collection ISag in Church, and Oivers Other lUatters, Harrisburg, Maich 5. Dear Deacon Bergner: — The conciusion of my letter ihis morning was perhaps a little severe. This, however, you must attribute to the reckh'ss manner in which you have prostituted tl>e Legislature, and, by a reluctant division of the spoils, secur- ed the assistance of some of your political op- ponents. You have almost, if not quite, es- tablished the doctrine of tot d depravity. I write this on Saturday evening, so that you may not be disappointed in my daily evidence of devotion for you. I have further evidence from the Auditor-Generars office, to which I now call your special attention. It has been the custom in this State, and 1 believe nearly all the States, for members of the Senate andHouse of Repre.-entativeg to put their names upon their letters and documents which are deposited in the Post Office by the Messenger, and for the Postmaster to put. on the necessary stamps and charge it to the State. This jiractice has been in force in this Com mcn^ealth until the pre.sent se.ssion. We dis- covered that the State was being largely de- frauded by you. and at a very great incor.ven- ience and d-iily annoyance to oursr vi.s we changed the law. Our reasons for d ling so you already know, and the public will lind in be following statement taken from the books of the Auditor-General. In 1862 you the Postmaster at Harrisburg, swore that you had put postage stamps on mail matter for the Sen- ate and House of Representatives, vulgar frac- tious omitted, to the amount of Sl.'JjlilO. In the year 18f)4 the amount of your account against the State reached the handsome little sum of $23,392, to the correctness of which you made oath. In 1865 you were removed from the post office by Andrew Johnson, which deed on his part was perhaps the best he per- formed during his fitful and unsatisfactory ad- ministration. General Simon Cameron, in an evil hour for his own lame, and in direct opposition to the wishes of the citizens of this city, and against the protest of the Republican party heie, had you rein? tated in office and a brave soldier re- moved to give you possession. According to the record now before me, your account against the State the first year after you took charge of the office the second lime amounted to the enormous sum of $19,072. Stand up Deacon George, and tell the people that, iu 1862, you used posrage stamps for the Legislature amounting to $15,199; in 1864 you advanced to the sum of $23,392, and that after a short absence from office you again took pos- session and made a forced march up to the sum of $29,072. when the Legislature wisely took the matter out of your hands, having become alarmed at your de.xterity and facility in in- creasing the charges against the Stale, without any inciease in the quantity of mail matter sent off. Give the people an estimate of the amount to which you would have increased these expenses had the Legislature not taken the alarm and relieved you from the opportunity With no increase in postage, with no more letters and documents sent off requiring stamps in 1869 than in 1862, and perhaps not as many, we find under the judicious and skilful mKuage- menlof the pious Deacon an increase m the sum paid in 1869 over that paid iu 1862of $1],- 873. Bear in mind, my wortby friend, that whenever the Legislature becomes uneasy, or disturbed, or alarmed at anything you do, no matter what it is, there must be great danger, and some stupendous, overwhelming defect and deficiency somewhere. I see from your paper of the 4th iufttant that your tranquility lias been disturbed. You make a fieebie and abortive effort to ridicule me, without attempt- ing to reply to a single charge that I make against you. I may refer to this article again, but my object at present is to propound to you some interesting interrogatories, and let the people see whether you will answer them di- lect or not, or resort to ridicule. Question 1. After you bad been reappointed to tbe Post Office, and after the blue postage stamps had been issued several months, how many red stamps did you sell to the people of Harrisburg, and what was the amount you re- ceivde? Question 2. When you went into the office the second time, how many red postage stamps bad you on band, and as tbe General Post Of- lice was not issuing any, and bad not for sev- eral months, where uud from whom did you ob- tain Ihe same? Question d. When the opposition of the peo- ple ol this city, and the clamor which thoy raised against the selling of the old red postago stamps, forced you to stop, did you not send Ihe remainder ol what you had on hand to Phil- adelphia or some other locality fur sale, and what amount did you receive (or the sauu^? Question 4. Were the^e red stamps, which you must have held tor over Ihn'n y urs, in- cluded in the 1)111 you presented ajjraiust the Slate in ISfii for $23,392, which you alleged you liad furnished the Legislature in postage stamps to stuid otf their letters and docu- ments* ? Question .>. If these stamps were included in the aforesaid hill, please state your reasons for not returning them to the State Treasury? Will you answer the above interrogatories? That's the question. No dodging. Again referring to your paper of the 4th. you t>onic Unpleasant TrurliM, and Ad- vises Iiini that lie lias a Few More Shots in Ueservc. Ilarrisburg, March 7, 1870. De.vcon Geokok Bergxkk:— '•Remember March, the Ides of March remeinbei." for days before ;md days after the 6th of that month, the anniversary of my own existence, I send those tokens to you, which you will never — no, never— forget. This morning I salute you again with hideous rows of figures, which please exp'.ain how they came to be found on the books of the Auditor-General. I give you the gross amount that it has cost of the hard- hande I sons of toil of the Keystone to keep in order aud retain a place f jr you to lobby and fatten upon the lax-payers. 'Remember, Dea- con, these items do not include the amounts paid the poor washerwomen and laboring men who keep clean and warm jour lobbies. Their pay comes in under an item of 'Legislative ex- penses,'* of which you have probably heard be- fore. The grounds of the Capitol of Pennsylvania are somewhat extensive. They contain about thirteen acres, — with a plain, substantially constructed brick State House, a Land Office of small dimensions, and a cheap office for the Secretary of the Commeuwealth, with an exe- cutive chamber over it. The grounds are in- closed by a strong iron fence and the buildings covered with metal, the expense of which was incurred tweniy years ago. On the grounds is an old arsenal, which, if it ever had any re- pairs done to if, came out of the military fund, aud does not enter into the accounts for which I am about to arraign you. There is also a monument on the grounds, the expense of the construction of which follows. There are men everywhere, mechanics in abundance, who have told me that they would be glad to take the contract of keeping tho building and grounds in repair lor any length of time for two thousand dollars a year, and do it in a neater and more satisfactory manner than is now done. These items are under the head of "Repairs to Capitol Grounds and Buildings." It is conr;eded by everybody that you have managed affairs at ihe Capitol since 1859. The expense to the State for "re- pairs to ))ublic buildings and grounds" in 1860 was $5,330.21; in 18G1, $10,626.27; in 1862, $6.856.91;inlS63.$8,02'i.29;iS64:, $14,142.49; 1865. §38,093.68; in 1866, $38,080.33; in 1867, $39,291.65; in 1868, $45,903.42; in 186;) $32,2G6.71. My experience i?, that to open lip the vouchers which are put on file to coi'or up these sums as well aa those of your other accounta, is hard to do. And some rich things are in store to be developed by way of Rub-rebuttinfic testimony, after you answer my serious and dama2;int, but that I was a traitor to the republican party, and you would follow mp." I wrote to your master on the 18th of January, 1870, "that since I saw proper to vote as I did on the State Treasurer question, the Harrisburg lelegraph, a paper controlled by yourself, and ostensibly edited by one of the worst men that was ever associated with a legislative 'ring,' h'.a been following me with slander, the object ol which is to detract from my personal charac- ter and impair me in the good opinion of the public, for no other earthly reason than because 1 would neither be bought nor driven into his corrupt designs. "With all sorrow, I swear I will not submit to this, and unless you forth- with call off this dog I will war against the whole of you." The dog was not cailed off. You continued to hound mo like a wounded stag, or a disabled "Butler county bull, with his horns sawed off." Deacon Bergner, a sound orthodox Republican and a bad man are incompatible, and cannot ex- ist in the same person at the same time and I have the evidence before me that you are unfaithful, and always have been, to ihe Government which you adopted and plun- dered, and untrue to your own soul and your neighbor's purse in regard to your sworn year- ly income tax return. You have compelled me to make history for you. I do it with sor- niw, in self defence, and I do it because 1 am, and not becau'^e I am not, a Rejiublican. I believe the party to which I belong must be purged or perish. My orthodox faith In its doctrines is deep, and runs down clear into my heart. Yours is deep down into your wallet, and goes where it leads you. Its immortal principles can never die. You never conceiv- ed them, Dor comprehended them. A man, to be a true Republican, must be an enthusiastic believer, not only in the principles of Thaddeus Sievens aud in John Brown, but Ih God and everlasting justice to all — even to Democrats honestly elected to high places. We must have an undying faith in all that is right, and fight for it because it is right, and condemn and spit upon all that is wrong, and he must fight against it and crush it with his heel because it is wrong. Weak Republicans we must feed upon milk; old harlots like you we must hew down with a broadax before the Lord. I knew what it was to balk you. I knew it was peril, and I know it was fire, but I took the chances. Deacon B'Tgner, I have before me a heavy recorded oath, under the seal of Berks county, that you made, "renouncing all princes and potentates, particularly the King of Hanover." If what you swore to there was true in regard to your age, daring the late Rebellion you cheated the Government out of two drafts. and the army out of an ornary, cowardly soldier with more ease than you would cheat the Devil out of your bones, or read me out of the Re- publican party. Deacon Bergner, I have before me a letter from the widow of a dead soldier officer, the truth of which is certified to by a Republican officer of the Government, dated March 26, 1869. Both the widow and the dead hero are held in saint-like remembrance by all the neigh- bors round about who knew and loved them. This widow of a dead hero says, and so does her certifier, and so does her neighbors, that you defrauded her out of the post office at Har- risburg by lejiresenting at Washington, and falsely proving by witnesses, thatshehad with drawn her desire to obtain the place, and that you had agreed to pay her eight hundred dol- ars per year so long as you should bold the office. She charges you, and so do I, that you lied about her like athief to obtain the office ycmrself, and that you lied about yourself, lor you never paid her, you never will pay her, and you never intended to pay her anything whatever. Deacon! if John Brown heard you called a Republican he would rustle in his winding-sheet, and would burst the rocks where he lies to kick you! But I have other letters and proofs enough of which have come rushing in upon me since I have got into this contest, to fill your own be- loved Bccord, which, because I voted against and broke your cnud ring info a thousand liieces, you would stab me in my seat in tho Senate it you dared. Are you not glad that your infamous newspaper per.'ocutions on the "demented,'' "paralytic," '•brain-softened," "treacherous," "old man of the sea" got me into this job? I must close, to resume, George. How do you like it as far as I have gone? Morrow B. Lowrt. — . No. 7. Another Epistle to tlte Deacon— The senator Keviews lii« Personal lli«it'>ry past and present— WUJ' tUo New Coun- ty Bill was killed, and ^vUo killed i£. Harrirbukg, March Sth, 1870. DeaCox Gj:orgk: — This morniiiK the undorsigned was sort^ly in trouble, and is not yet without liis anxieties, teelins; the sadness tiiat ini(;ht liefall you, ifyou did not promptly receive his seventh (daily) epistle to you. M.y "head lights'' were missing, the papnr mulaid; For Ink, pea and wriiei- 1 looked hisiu and low; I feared you had stole them, but dear George it aint fo. The veritable same "head lights" were lost and found again, which you and your puro paper of the 24th of January says, that [ '-stole from the Erie light house." The hundreds of attacks which you have made upon me, with the exception of one class. never disturbed me. I never cared what you charged me with. In regard to your false alle- gations that I had bargained with the Demo- cracy and betrayed the Republican party. "Lies are hut short living creatures," and the short space of time which has already elapsed since you made these charges has vindicated me and condemned you; and the robberies which you alleged they baa agreed to aid mo in andl them to tho amount of millions has not yet taken place. The charge of traitor to the Republican par- ty beca<-.se I vot^d ai11s 0|>inioii of our Koprcsentative— History of the Scull- Findlay Case— Action 0% Republicans Vindicated. Harrisburo, March 9th, 1870. Dear Deacon Bergner: — IJpoa crawling out of bed this morning, I found my mail had been sent to my room, and among it were two newspapers, both of which were called the "■ Ilarrishurtj Evening Tek' 11 graph," which a dear old friend had returned to me, being tokens of affection that you have been lurniahing to my constituents. Oi the contents of one of these newspapers 1 will speak now. Of the other I may speak hereafter. It is dated the 2Gth of Jan- uary, 1870. I find in it the loUowing classical and sweet scented extract, a part of which I give you: It reads as follows. "7'/ie Traitor Lowry fears us; he must be shoivut up at the hazard of the Republican Party, however much his physical i)iti7'mities and the mental condition of the lunatic, may have heretofore stayed our hand." "T7ie hoiTible old debauc?iee is insane." ^'He wants to go to Congress," '7ie wants a foreiyrt mission." '■'he wants Brewster made Attorney General." ''With a culture's eye he sees the action of Congress respecting the Mormon Exodus from their pleasant homes, and his sordid lieart becomes ravenous." ^^ The desired opportunity for re- venge against a party who reicarded him loith- ont merit, presented itself in the case of Scull vs. Findley. Ilis corruption, his ignorance, his in- solence, his blasphemy, was as active as a luna- tic's could be. in prejudging the case and preju- dicing it." In this '-Morrow B. Lowry has de- fiantly left the Republican Party, with the dev- elish malignily of an itnclean spirit." The '•traitor Lowry," my dear Deacon, has been giving evidences for some days past, that he is in horrible dread of you. and you will never forget that he fears yoti; but the '■Luna- tic," 1 apprehend you will concede, has "meth- od in his madness." "I am not insane, most noble Festus, but speak the words of truth and soberness" to a noble party who has liberated four millions of slaves, but has wiihin itself festering elements which the last hope of the world must get rid of or it will Rtink UB all to death. You are mistaken, Dear Deacon, in saying that I want to go to Congress. My district is r epresented by a man as cold and as pure as all the ice that Seward purchased in Alaska. He is an honest man, — he is an able man, and with him I am coBtent if George H. Cutler, William W. Reed. Orange Noble. W. Benson, J. H. Walker and Jas. Sill are. Honest men are wanted in Con- gress; a few of them here are a luxury that you most dread. As to the ''foreign mission," even one to the Court of St. James,if offered me. Dear Deacon, I could not, for manifest pihysieal reasons ac- cept. My affection for you is so sincere, that if I remain on earth and in public lite it shall be with jon— "the undersigned will never leave or forsake thee." I know. Deacon, that your care for me is so great that altho -'demented and unable to stand upon my feet," you would be glad to get me to the Court of St. James, and your arms again up to the elbows in the Treasury that you have robbed. Shamefully! Shamefolly! SHAMEFULLY! robbed. ' Brewster, in my judgment, would make an Attorney-General second to no man in this country; but he should not make the sacrifice; he is great, and struggling Cuba needs him and religious and civiljliberty would be the better off were he in Grant's Cabinet as Secretary of State. With my "vulture's eye," and ''serdid heart," I might long to rob the Mormons of their beautiful homes, and, if you please, of a hundred farms; but 1 am not the man to be sent upon such an errand. 1 am fit for noth- ing but to watch you, your co conspirators and the Kingdom of Heaven, and really I am not lit for that. Those tarms of the Mormons. I am told, are very tempting, and I am so cor- rupt that 1 would not play l\iir and divide. There are fine farms with great brick houses and Dutch barns in Lancaster, Lebanon, and Dauphin, and all along up the Juniata and Susquehanna; and when you get these old "re- cords," Deacon. I will have something more to say about the farms and the blooded sheep, horses, men and heifers that pastured thereon. I will try to show that the men who made those early "Records,'' Deacon, which you threaten me with, were better men than you are, but unfortunately for you, Deacon, died in the Penitentiary. But this is a digression from the object of this letter. Now, for the Scull-Findley case," and "my desired opportunity for revenge against a a party that had rewarded me without merit," and my "defiant leave-taking from the Re- publican Party with devilish malignity." It has, particularly since the breaking out of the Rebellion, grown into a vicious practice, both in Congress and the several States, in cases of contested election, that the dominant party in contested election cases elected the party's favorite. Whether the people did or not, was of secondary consideration. This great, this growing, and this shameful evil, if 1 have done anything towards abating, I have rendered more service to my country than it is probable you or your back- ers will ever do. The practice leads to all that is evil, and nothing that is good; and men engaged in your profession are more active in its intro- duction and execution than they have ever been to advance the purity of the elective fran- chise, or the good of the party they disgrace by belonging to it. In the Senate of Pennsylva- nia, this year, there were two cases of contest- ed elections; that of Scull versus Findley. and Diamond versus Watt. It was my misfor- tune to be drawn upon both of these Commit- tees. A single objection would have stricken my name from either of them. This objection was not made, and I proceeded with the other members ©f the Com- mittee, after being duly sworn, to discharge the duties thereof with fidelity. The case of .Scull versus Findley is decided, and I am at liberty to speak of it. That of Diamond versus Watt is yet undisposed of, and it would be improper in me to say more in re- gard to it. 12 — In the Findley-SctiU case I will speak "with malice towards none and in charity for all." I had no acquaintance with Mr. Scull, the Re- publican, neither had I any with Mr. Findley the democrat. I was invited to a caucus ot the Republicans the day before that fixed by the Constitution of Pennsylvania for the or- ganization of the Legislature. On entering I found a strange i^entleman speaking, and I soon learned Irom his discussion that it was Mr. Scull, who was teaching senators how to pet himself into the senate and how to keep Mr. Findley out. I knew, not only from news- paper reports but the published official returns therein, that Mr. Findley held the regular certificate of election and was therefore law- luUy entitled to his seat. I considered Mr. Scull's presence in the caucus when some of us would be sworu to well and truly try his case. highly improper, and 1 ventured promptly so to express myself. I was given to understand that the court ''understood herself," and if I objected they could get along very comlurtably without my assistance. I was indignant aud left the caucus. The uext day the Secretary of the Commonwealth, immediately upon the Senate (which is a parpoiual body) being called to order by the si)eaker. delivered to us the official returns. Ten Senators who held the game kind of certificates, returned thnuigh the same channels, were sworn in, and Mr. Findley was shoved aside.yot he held the samo evidence of the right to his seat which every Senator in that body was admitted upon, I will not even speak of t!ie '-Peter Funk" one horse certificate of Mr. Scull. A resolution was then oflFered by Senator White, that a committee of three be appointed to decide whether Mr. Findley or Mr. Scull was entitled to the seat, prhna facie. Against this unheard of, dishonest and uulaw- lul proceeding, 1 protested with all the warmth of my nature. The resolution was carried, and the commit- tee alter hatching and haggling over a new pa- tent to make Senators, reported that Mr. Scull the Republican, should be sworn in, and that Mr. Findley mi^ht contest il be chose. On the resolution being read 1 shocked your party and "blasphemed" because I made a remark— addressed to no. one, "there w^-i silence in heaven for the space oi hall an hour" Be it remembered that the act of assembly, and the practices ot all deliberative bodies, as old as the ballot ilself, were by this action struck a dastardly blow between the eyes, by back-scarred party "ring" boned Republicans. The report of the Committee had been kept back, aud Mr. Fiiidley's time to make the contest with specifications which iinder the law must be within ten days, was delayed until but two days of bis tim^wou Id be left to contest in. I denounced Mr. Scull and his backers, of which you are the ]U'incipal conspirator.aud from the worst ot motives, as attempting to get a Re- publican into the Senate, not through tho law- ful cbaBUplS; but thrgy^'U his climbing up upon the shoulders of a party that never can aflford to violate law. Mr. Billingfelt voted with me and with the democrats, wQich defeated the infamous report of the Committee, and Mr. Findley was sworn in, as he ought to have been without hesita- tion on the first day of session. During the pendency of these proceedings, in answer to a letter, the late Attorney General Benjamin Harris Brewster, an bonest man and Republican from principle, declared thai I was not only right, but that any other course had within it the seeds of anarchy, and of the party's death that dare practice it. In the meantime I went to Philadelphia be- fore Mr. Findley was sworn in, aud as the case could not come before the Supremo Court, I had no hesitation in conversing with mv old and valued friend, the Chiel Justice ot Pennsylva- nia, and the Hon. M. Hazleherst. and other pur(> and good men, honorable and good Re- publicans, — who scorned this revolutionary and unscrupulous attempt 'o place unlawfully a man in power, who, as proven by the jyapers, then and the investigation since, was uot elect- ed. The papers of Mr. Findley were honest papers, had come to us through the only legal channels known to the law and to custom; but if his papers had been Ibrgeries coming through the channels they did, we had no right to in- quire into it other than through a Committee of seven, lawfully drawn, lawfully organized and lavvlully sworn. For so doing and because I would not per- jure myself to give Mackey a vote and tho ring a recruit, your paper could not coin woids vilo enough to appiy to me. Mr. Findley look his seat and Mr. Scull be- came the contestant. A jury was drawn, of which 1 was one, and the trial proceeded. There lie upon my table something less than half a bushel of extracts which I cut Irom your paper, denouncing me at every step, as un- willing to go to Johnstown where witnesses were accessible, aud that 1 was throwing every embarrassment in the way to prevent Mr. Scull from receiving a fair and impartial trial. You charged me many times when my lips were sealed and I did not speak, with betray- ing tho Republican Party, on the Committee to siille investiijation. Thank God, I can now spe-.k and vindicate myself Irom the record before an impartial world. In the investigation that followed, there was nothing occurred of sufficient importance to call the yeas and uays, excetitiu nine instan- ces. An examination of the yeas aad najs in our journal when it is published, is the only vindication that I want. You, George Bergner, denounce the Com- mittee as " a Star Chamber" one, and that I had conspired wiih the Democracy in the dark to keep a man in his seat whom the people had never elected. The first two resolutions that came before the Committee, it will be seen from the journal, related to striking out matter fiom the peiiiiou — i: of Mr. Skull, vital, it is said, to substantiating his riulu. to a s-eal in the S<'nat«. In both iii- i^tances. I vott^d with ibe Republicans on the CoMiniitu^e, and' ayninsi. s'likiufj; (^iii anythiufj;. The nu'iits and thu truth were what I sought to <^)btain. Tho next repolulion for a call of the yens and nays, is btfoie lue, and in the followinf words : That the commillee t-hall Lcroaftor sit with ojieu doois, and all quesiions shall be decidtul by yeas and nays, and ttie C'leil; shall keep a lull record of iho same. The tollowing was ihe vote ujion the resolu- tion : Messrs Lowry. Linderman and Rundall in its fivo , and Mi ssrs Allen, Brown, Osttrhout and lirooKe iigainst it. If liisSaiauic Majes'y, by solemn prool:-,ma- tiou had called a world's convention of knaves and liars, and commissioned you, Deacon George iSergner. as President of tie same, with lull power to selecf Mackey for Treasurer, and (Lo arreatest liar in all the vast mnltitude for iSecretaiy. there could not have been devised or invented accusations more false or wicked than your or}i:an has niadr agaiiist me. The next call lor tue yeas and nays, are on the following: •'That fraud sha'l not be presumed, but the contestant or tlie sitting member shall have ti;e Jullest tipportuuity to make the charge of fi and. or illegal voting, and the most amrde opportunity shall be given him by the commit- t. e to prove the same accoidiug to the rules of law and the specifications before us, and the whole force and power of the Stale shall be given him to obtain any testimony he may desire." It may be proper here to state, that the only pretense lor geltiHg up the Peter Funk, illegal, unsworn i)arty conimittee of three in ihe Sen- ate, consised in a technical error of the return judges of Allegheny towasbip, Bedford county, and in regard to ihis the committee disposed of it by the following resolution, which was carried by ihe vote of Messrs. Brown, Lowry, Lindeiman and Kandal: "That because the township of Allegheny, by a mistake of its officers, returned the tally paper instead of the regular certificate of elec- lion. that, of jtself, should not be a sufficient cause to oust the sitting member; and that the return (;f the tally paper and the substitution »;■ the ]iroper one was a i)iactical correction of a manifest error, and it should not oust the sitting member merely because it did not ar- rive befoie twelve o'clock at night on the re- iiirn fl'iy biit. thnt s)ll alleiTatifms of fraud in the election of said township should be fully inves: igated and all illegel votes, if any are proved, shall be thrown out." Messrs. Allen, Osterbout and Brooke, as in duty bound, voied against it and were con- scientious jurors. Whoever will read the whole proceedings of this Committee which will soon be laid be- fore the public, cannot fail to ditcover that Mr. Scull, from the very inception of the case, desired to have certain lawful cirizcMis who vote disfranchised, particularly in Ihe township of Conemauiih where it appears that a niimbt^r of Republicans rebelled, and voted as (iod, their conscience the Constilutiou and tho law allow- ed them to do; and they were entitled to the protection of the law and a secret ballot with- out Ihe fear ef ihe party lash from a liepubli- can edihir. A knave who votes illegally, can be compelled to disclose for whom bo voteO; an honest voter alone is protected from inquis- iliorial investigation. The following '•osolution which is nut only good law, but good morals, took him between wind and water, and as he said himscdf. was a fatal blow to the end of the in\e-tigation ; '•That the right of a lawful citizen to vote a secret ballot cannot be questioned, nor should a lawful citizen be called upon to disclose for whom he votrd. The mere proving of himself, by himself, to be a citizen, should not exclude the othia- party from proving that he waj not one; and when proved that his vote was ille- gal, then, and not until then, shall he be re- quired to stale for whom he voted, which vote should be deducted from tho vote of the one for whom it was cast." This i)osiiion was carried by my vote, and was my ow a work. There had been something said in the speci- fication of Mr. Scull, relative to certain votes in the Poor Houses. Mr. Findley upon h's part, dixied investigation, and it looked at one time, as though the paupers from three county poor-houses, would be brcnight to Harrisburg at the expense of the Stale; and to define what I believe to be the law, aiid to give notice whom they might properly subpoena, I offered the following resolutions: '•That neither poverty nor riches constitute the qualifications of a voter, and the mere fact that a man is a pauper, and lives in the pool - house, does not disfranchise him, provided he, in all other respects, has complied with the law and tho Constitution of the State and of the UniTed Stales; and the same rules and laws that govern the qualification of citizens re- siding in palaces should govern that of tho oc- cupants of almshouses and poor-bouses." This was adopted by the same vote as the preceeding ones. The returns from Conemaugh township show that Mr. Scull had run behind his ticket in a strong Republican township, and where the of- ficers of election were, every man of them. Re- publican; and he pif^posed to subpoena nearly two hundred Republicans from that township to prove that they v\'ere all true, faithful and luyal ])arty men, and had voted for him; but it has come out since the investigation closed, that the counsel for Mr. Findley had in bis })Ocket the certificates of sixteen Republi- cans who s^iid they would swear that they vo- ted for Mr. Findley the Democrat, and for Gov. (Jleary the Re2)uolican. The following proposition which I submitted, _ 14 _ Mr. Scull said, cut his whole case up by tho loots. '^ That tho fact that Mr. Scull, a Republican, ran bobind his ticket thirty-tbree vo'es and tbat Mr. Fiiidlev, a Democrat, ran abend of his ticket thirty-three vote?, in Con- nmugh town- f^bip, is no evidence of fraud, neither is it fair to presume it. because the efiicers of the elec- tion in that township, it is conceded, were all Republicans, and that if fraud be charged the ballot l)ox«s should be sent tor, the ballots counted, and the ofScers subpoenaed and sworn before tuiw coujmiiU'e, and that thc^ whole body of the Republican voters will be subpoenaed if fraud is proved." This was adopted by the followino: vote : Veas, Messrs. Lovvry, LindermaH, Uiown and Randall; nays, Messrs. Allen, Osterhout and ISrooke, who, no doubt wert; patriotic party men. You, George Bergnor, have made dirty an immense amount of white paper, declaiming that the committee would not go to Johnstown, nor do any other act or thing, to prove the undue election of Mr. Findley, and tte fraudu- lent voting, and you ran about the streets shedding great crocodile tears as large as your feet, and your paper bellowed hugely Lowry •'the traitor to the Republican Party; and that he had sought to stifle investigation and '•(^fused to go to Johnstown, Hear the homes of tlieir witnesses." Now, the record 'shows that I oftcred the following resolution, and the sinners on the committee voted for it. and the saints against it, by precisely the same vote of tho last! That this committee will go to .Jshnstown or elsewhere within the Commonwealth, if re- ijuested by contestant to do so. to hear evidence on the basis presented, and that every case of fraud or undue election shall be investiga- ted. There were a large number of witnesses called. There were two votes that were pro- bably illegal; this however, is doubtful, but Mr. Scull got the benolit of thera, Mr. scull's indecent letter on withdrawing from the con- test was returned by a unanimous consent to him. Mr. Findley allcgini that ho could prove a great many moie illegal voles than his opponent Jiaddone, being only two; but after Mr. SchU abandoned his case at a cost to tho state of an inimonsc amount of money and much valuable iii:te, $000 of the money of tho state went in- to Scull's own pocket. Mr. Findley, of course, did not press the point of producing any wit- nesses. Let us now for a moment return. Mr. Find- ley. on being .'worn in. Mackf-y lost a voie thereby. Your immediale pressing necessifies. Dear George, were very great, as the Stah; Treasurer was te be elecied the next day. Your greasy and benign face, which up t(* this time was iengest across it. became sudden- ly reversed, and up and down l)ecame as long and as lovely as a mule's. Billingfeh'.s vote for Findley, and my vote and preaching, had a hiimanizing effect upon the Democracy, and developed the fact of which I have previously stated, that there really was "a good deal ef hurHan nature in a Democrat, and is proof that "Whilst the limp holds out to burn, ' The vilest sinner may returu,'' For all fell ints line and voted with us for Irwin, as good a Rtjpublican ad there is in the State. I will d0 you the credit to say here, that 80 more liu^e and respectable convention «f Slate robbers with you again as their President, with banker's and editors lor their officers ever a^-sem- bled at the capitol of Pennsylvania, than on this occasion. I will, at my earliest convenience, review and publish these letters in pamphlet form. I have made more damaging accusations against you. sustained by official records, than was ever made against any public plunderer in our day. Your defense of yourself by charging me of robbing the Erie Gompany(a corporation) when all I ever obtained from it was for work and labor done, aad that at the end of the law, and where such men as the late J. W.Fairley — one of the most distinguished Senators that Penn- sylvania ever had. the late Hon. John Mitchell — a distinguished Ex-Member of Conirress, and for many years Canal Commissioner of Pa., the late and deeply lamented Hon. Arnold Plum- er, and men of this character, were the jurors who decided in my favor, and where Judgt? Pearson and Judge Thompson were my counsel, i-^ the most remarkal:)le case on record of yoiir shameless villainy, and proves you totally destitute of truth. As ever, MoRi:ow P>. Lo\yRT. APPENDIX Ex- Attorney GMicral Brewster ON TIIK findlay-scull case. ?le Sustains Senator I^owry'j* 8''<>sit8oii, uttd SI)o\v,VBKArniA, January 7, 1870. J/y Dear Mr. Lowry .-—I am so occupied that I cannot answer you as freely as I wonld like to do. However, the whole question is within a very narrow compass and will not admit of much elaborate discussion. You ask me if you have taken the right ground, and j'ou say you are anxious not to go astray. You have not gone astraj^ You are right. Party has nothing to do with this. Princi- ple alone must be considered, or confnsiim .and legislative anarchy will be the result. The matter has been determined over and over. Indeed, no precedent can be found to uphold the proposed course. The man who holds the certificate is the elected man, and entitled to his seat. Those who dispute his certiticate must contest. No legislative body can be organized on any other princijtle. The return judges having certified b}- a ma- jority that A was duly elected, A muat take the seat. If B has a dissenting opinion from one judge, or a minority, that no more enti- tles him to the seat than it would give a citi- zen a judgment in a court of law when the majority of the court had resolved tlu^ other way. In either case the remedy is by appeal. In the meantime the occupant holds, or he must be ejected by judgment in the whole case as presented to the higher court, and tliat "court in this case is the committee .is provided by law. But there is no occasion to illustrate by analysis in this case.the law — the law is imperative, and to revoke it for the mere purpose of upholding party supre- macy, or from any legislative whim, must be destructive of all true legislative orgauiza- tiOD. Some j^ears ago I gave an opinion of a like character in Judge King's case, and ho was commissioned, ^tr. W. L. Hirst united with me in that opinion. The pai)ers you can get do doubt in the Secretary's ofliee, and so I decided in the Covodc and Foster case. Consistent action and stiict adheveheo lo tlie law is essential in such cases. The meth- od of solving such disputes is a part of par*- Inmciitary history in England, and the con rsc provided was adoptiil after much contention, and has been accepted as the wise, just and imi)arlial way, and being accepted ])rocured tranquility on a subject which before was the caa.se of much injustice. Tlie law, as it has been applied to vach gentleman who now holds his seat in your body, must be applied to this case, or you will all of you "go astray.'* Truly yoTU' friend, BEN.tAMIN UaUKIS BrEWSTKI!. To Hon. M.B. Lowry, Senate, Harrisburg, Pa. PnlT.ADEt.PHIA, 706 Waiatt St., \ February 7, 1870. S T^ the Hon. A. H. Coffroth .•— Dear Sni:— I will answer your questions in the order in which you proposed them. Fii'st, Can the question be asked of a wit- ness, for whoni did you vote for Senator? un- til it is first decided by the committee that he is not a qaulitied voter? Answer — Before a voter can be thus inter- rogated it must be proved that he was an il- legal voter. The act nf assembly expressly d("c1ares the law to be so — act of July 3, 1839, p. 1. 550, section 143, and there has been an express judicial decision on this sub- ject, to be found in 4th Penna. Law Journal, p. 348, in tlie case of the contested election of Ward. If the statute were not so, the CoBStitution, article 3, section 2, express- ly prescribes that all election i shall be b.y ballot. To re(|uire a citizen, therefore, who is a legal voter to disclose for whom he vot- ed would be a violation of this clause of the Constitution. If he is no legal voter, and that is proved, and he did vote, he is not within the protection of the Constitution. That protects the secret of the lawful voter. The unlawful voter has no protection because he has no right to protect. He has perpetra- ted a fraud. Second. When the petition all'fges that in Conemaugh township thirty-three legnl and qualified electors cast their ballots for Ed- ward Scull for tho ofliee of Senator, which said ballots were received, deposited in tiie ballot-box, counted and returned for Hiram Pindlay, whereby the same were lost to the said Edward Scull, is it legal and proper for the committee to hear secondary evidence by calling the electors and asking tor whom they voted for Senator, or should the com- mittee require the primary evidence, that is, examine the tickets in the ballot-box and hear the sworn testimony of the election offi- cers ? — 16 — Ynswcr— The committee are as much bouud Uv tlie established rules of evidence as any judicial tribunal ; lirst, because those lules conform to sound reason ; second, l)e- cause thev are rules established by law- universal, uniform and equal in their applica- tion— and to dei-art from them would l)e un- reasonable and unjust, and would unsettle established authoritv, producing uncertainty and sctllino- or unsettling public rights and ])ublic duties by arbitrary whim or caprice, or by parti/.an feeling. Secondary evident^ never can be received unless primary evi- dence cannot be obtained, and the reason tor not producing the primary evidence must be satisfactorily proved, and that reason must be a full and siiHicieut one to warrant the ad- mission of secondary evidence; and if the ])rimary evidence be in the possrssion of an individual and it or his testimony cannot be l)rocured ; if he refuses to answer ; if he pre- varicates, conceals, or misleads the party calling ; if he suppresses documents or pa- i>ers within his possession, or if it be writ- ten evidence that is lost, mislaid, suppressed or destroyed, and all or any of these tacts are jjroven to the satisfiiction of a tribunal in- vestigating a question, then secondary evi- dence may be given, and not till then. The case, as you state it, is covered by tins rule. The proper and only way to es- tablish the fact asserted in the speciticatiou would be to examine the tickets, to hear the sworn statements of the election officers. They are the b^st evidence that the case is capable of, and it is the cardinal rule of evi- dence that the best should be given. If the tickets are destroyed, and that destruction is proved ; if the election officers refuse to appear, or, api)earing, refuse to answer, or answering, satisfy the committee that they have a flagrant determination to evade, pre- varicate and conceal, so as to pervert the truth and prevent a fair investigation, then secondary evidence may be given, and not till then." Tuird. Is a poor man (pauper in a county poor house) a (lualitied elector in the poor house election district, although said poor man (pauper) had been sent there from an- other election district provided he is a white freeman, a citizen of the United States, and has resided in this State at least one year, and in the election district where he offers to vote at least ten diiys immediately preced- ing such election, and within two years paid a State or county tax, which shall have been assessed at least ten days before the election, and has been registered V Answer— Such a person is a qualified elector and can vote, and bis vote cast is a lawful vote and as good as any man's vote, and it ought to be so. The constitution es- tablishes tills, and it does not disqualify him because he is poor. That does not deprive him of his freedom or his citizenship. The necessities of li:e tJ^t ha\e driven him to seek relief do not degrade him below the level of a manhood and strip him of an in- alienable right which the law does not refuse to the convicted felon. All are freemen now, and all citizens of the United States, who«re- side permanently within the Commonwealth for one year and pay their taxes, are citizens. They are amenable'to the law, and being so. upon the very fundamental principles of our government have a right to be represented, and to sav who shall make llie laws. It is not property or poverty that rules here. It is the man, responsible to God, and responsi- ble to the law. To say otherwise, would make poverty worse than a crime. The pauper is bound by every law upon the stat- ute book, and is j^rotected by every pr(jvis- ion of the constitution, as much so as the wealthiest, ^visest, or most successful mau in the community. Sickness, the calamities and accidents of "life may reduce men to this sad condition. That is bad enough. _ The law never intended to add to his miseries by making him the only slave that remains iu our Republic. All the duties of life, bind him ; he can make a contract, he can bo obliged to testify, he can marry, he can sue and'be sued, he is only restrained and bound by rules as every one is who lives in any in- siifution. Persons in hospitals, asylums, factories, homes for disabled soldiers, iiublic works, government shops and all kinds of public and elemosynary institutions, as well as private establishments— are bound by fix- ed rules— that are enacted for the preserva- tion of good order, to maintain discipline and carry out the purposes of the establish- ments. 'This isallthat he is subjected to, and these rules and the restraints of the house, he can relieve himself from at any mo- ment by asking for his discharge. The poor house is his residence, it would be there that process of law, criminal or civil, would be served upon him, and it is from that residence he may vote, provided he has lived there teu days preceding tbe election and conformed to "the requirements of the law. If to receive public support would be legal cause of dis- qualification, we must not forget that evea now a large number of white and black cit- izens of the Southern portion of this nation are still receiving and levying upon the sup- plied bounty of the government. What would be their condition? For some of those who have received and still receive that bounty were once the wealthiest and best bred, 'and the most accomplished and some- times reputed the wisest people in this re- gion. By the calamities of war they are re- 'duced to want, but God forbid that they or any one should by any calamity be stripped of their right of manhood and brutalized down to tliat slavery from which we have been, by God's providence, all emancipated. I am respectfully, Benjamin IIakius Beewstek. LIBRARY OF CONGRESS 006 993 930 2 006 993 930 Consenratkw Resonnw lif-Fra^Typel PhSABuflered LIBRARY OF CONGRESS 006 993 930 2 4