The New Orleans Daily Democrat

MARSHAL WHARTON.

A SEVERE ATTACK UPON HIM FROM A NEW ORLEANS CORRESPONDENT.

His Pretended Relapse - Charged With Neglect of Duty and a Failure to Enforce the Law.

[N. Y. Times.]

New Orleans, Nov. 20.-The contest made by the Citizens' Conservative Association against the inauguration of the persons returned as elected to office in the city of New Orleans, on November 5, attracts public attention, especially to the inefficiency, if nothing worse, of United States Marshal Wharton as an officer of elections. A large volunteer posse of the Citizens stood about the polls, to act as challengers to fraudulent voters. They were so far successful as to prevent the use of several thousands of the fraudulent registration papers which had been prepared for the use of "repeaters." The principal security relied upon to compel a fair count of the votes as actually cast was the power and duty of the United States Marshal, under the act of Congress, "to support and protect the United States supervisors of election in the discharge of their duties' in connection with the count.

The leaders of the rabble, prevented from "working " the boxes during the day by the vigilance of the challenging committees, threatened, some hours before the closing of the polls, to resort to bloodshed rather than permit the presence of the United States Special deputy marshals at the count of the votes. This surely was notice of intended fraud. To a vigorous and efficient marshal it would have been sufficient notice to exhaust the prerogatives and force of his office in the effort to defeat its consummation. To Jack Wharton, United States Marshal of Louisiana, it was sufficient notice to withdraw his forces and abandon the ballot-boxes to the unrestricted will of a corrupt ring, just at the moment when the count' and the frauds were simultaneously to begin.

A few days prior to the election, Wharton took to his bed with a convenient "relapse," and obtained a medical certificate, good until after election. His office he left in charge of a Democratic deputy, who is not blameworthy for having refused to assume responsibilities declined by his chief. Wharton might, perhaps, have availed himself of the shelter of a blanket and have disavowed responsibility for the neglect and inefficiency of his officer, had he not, on the eleventh instant, assumed it in an interview with a reporter of the Picayune. In this "interview he forgot himself, and assumed the responsibility for the conduct of the officer, and gave as his excuse for having failed "to execute an unambiguous act of Congress the extraordinary reason that the statute in question " had not been ruled upon by the United States Court." Apparently fearful that his interpretation of law might not be considered a sufficient reason for his course, he attempted to fortify himself by precedents drawn, as stated by him, from the official action of his predecessors. Marshals Packard and Pitkin were seriously attacked on each recurring election for refusing to withdraw their special deputies from the supervision of the boxes, not only during the count, but as provided by law during the making of the returns, and until the boxes resealed, had been delivered up to the clerk of the Criminal Court. The precedents are all the other way. In this case the Republican party can hardly be said to have had any interest in the election. But 14,000 citizens of New Orleans who voted the Citizens' and National tickets, the greater number of whom were of the Democratic faith, looked to Wharton to perform his duties and protect their ballots from the contemplated frauds of the ring controlling the machinery of election. Had he done so, the citizens of New Orleans would have the prospect of inaugurating, in a few days, not only the government of their choice, but the only honest city government chosen here for years. Had Wharton performed his duties, New Orleans might reasonably hope for a government representing her wealth, intelligence and business interests. In consequence of this man's criminal neglect the city must suffer, for two years at least, the crushing weight of a band of thieves who mock at her misery while they exhaust her substance and disgrace her name. Wharton's course may, perhaps, be explained by the fact that among his sponsors for appointment are the New Orleans Democrat, Shreveport Times, Natchitoches Vindicator, D. B. Penn, and other journals and persons, either members of the official ring who committed the great fraud of November 5 and 6, or depended upon it for patronage and support. Nothing is said herein of Marshal Wharton on account of his claiming to be a Republican, or because he is an unpopular officer. Nothing less could be said of his negligence, incompetency and tergiversation, or of the very serious consequences to the citizens of New Orleans which have directly resulted therefrom.