Newspaper Page Text
G.
THE ATLANTA WEEKLY- SUN.
THE
Friday,
A!
DAILY
January 5, 1S72.
A Matter of Pressing him! Vital
Importance.
"We allude, in the heeding above, to the
•question ot filling vacancies on the Beuch
contingency now provided for, the ra-
cancy, on the meeting of the Legislature,
shall l»e filled by an Executive nomina
tion, with a confirmation by the Senate.
This will fully meet all the pressing ne
cessities of t ie case, and preserve due
symmetry in onr system.
In this connection we republish, else-
of the Supreme Court in this State ; and wlieref ^ able article, taken from the
again call the attention of the Legiala- Augusta (Qa.) Chronicle and Sentinel,
ture, soon to be assembled, to the subject. L yer tbe signature of Hancock. The
We maintain that, as the law now exists, chronicle and Sentinel says it is from the
under the Constitution, Vacancies on the| pen of one o{ tiie ablest lawyers of
■Supreme Court Bench can be filled only
by election by the General Assembly.
We have no intention or disposition at
• this time, to go over the argument hereto
fore submitted on this matter; but will, at
present, barely call attention to all the pro
visions of th^Constitution and existing laws,
in relation to it—italicizing such parts as
bear directly upon the point in band>
Under the head of the Judiciary, Article
W, Section 2—we find this provision
ef the Constitution : “ The Supreme
^Court shall consist of three Judges, t wo
* *• of whom shall constitute a quorum.
■** When a majority of the Judges are dis-
•* qualified from deciding any case, by
*“ interest or otherwise,the Governor slnJl
*“ designate certain Judges of the
“ Superior Courts to sit in their stead.
' “At the first appointment of Judges of
“the Supreme Court, under this Consti-
“tution, one shall be appointed for four
“years, one for eight years, aud one for
“twelve years; but all subsequent ap-
“pointments, except to Jill unexpired terms,
“shall be for the term of twelve years.’’
Under same head in the Constitution,
Article 5, Section 9, we find this clause:
“The Judges of the Supreme, and Su-
"“perior Courts, the Attorney-General,
“Solicitors-General, and the District
“Judges,, aud Attorneys, shall be ap-
“pointedby the Governor, with the < ’deice
*‘and consent of the Senate, aud shall be
•‘‘removable by tiie Governor on the ad-
■“dress of two-thirds of each branch of
“the General Assembly, or by limpeach-
“meut aud conviction thereon.”
These clauses clearly refer to original
appointments, or the manner in which
full terms of these offices are to be filled;
for under the head of Executive, iu Ar
ticle 4, Section 2, Clause 3, we find this
provision:
* • When any office shall become vacant
“by death, resignation or otherwise, the
“Governor shall have power to Jill such
“vacancy, unless otherwise provided by law;
“and persons so appointed shall continue
“in office until a successor is appointed
“agreeably to the * mode pointed out by
“this Constitution, or by law in pursu-
' “ance thereof,"
From these clauses of the Consti
tution, wo report, it is clear that
• the Constitution Las provided a spe
cific uniform mode for making
original appointments, or filling whole
terms of these offices, while it only partly
provides for JiUing vacancies or unexpired
erms in them, and leases that whole sub
ject, including the partial provision iu
■reference to it, to the regulations of law.
The power is given to the Governor to
JIU these unexpired terms himself, without
“the advice and consent of the Senate,”
“unless otherwise provided bylaw.”
The mode and manner, therefore, for
. JUling vacancies, aro left to the law and-
the law-making power. On this point
there can be no doubt. So much for the
Constitutional provisions.
Now, at the time this Constitution was
adopted, in 18G8, the existing law on the
subject, to be found in the Code, Section
202, and which was affirmed by
the Constitution, (unless inconsistent with
■it), was, and is, in these words:
“ In case of a, vacancy from any cause,”
(referring specially to the Supreme Court
Bench) “the Governor shall appoint and
“commission some qualified person to
“supply it until the next meeting of the
■“General Assembly, who shall elect some
“one for the unexpired term. If theva-
- “caucy occurs during the session of the
■“General Assembly, there shall be no ap-
“poinlment; but if it closes without an
“election, the Governor shall appoint some
“person to hold the office until the action
-“of the General Assembly.”
Can any one maintain for a moment
that there is anything inconsistent in this
provision of low with the Constitution as
it stands ?
Is it not perfectly clear that, by the
Constitution, the manner of JUling vacan
cies is left to be regulated by law, except
that in the absence of action on the sub
ject by the Legislature, or in the absence
of law on it, the Governor is clothed with
power to Jill vacancies himself, without
“the advice and consent of the Senate?”
Is it not equally clear that, when the case is
fully provided for by law, that the law, as
it exists, and until it is properly changed,
shall be conformed to?
We think most clearly so. We are, as
we have repeatedly said, for law and or-
the State. To this we invite the atten
tion of our readers, h» it enforces with
clearness and power the views we have
heretofore given on tbe general subject.
A. H. S.
From the Augnsta (oa.) Chronicle and Sentinel (
17th December, 1871.
The Mode of Filling Vacancies
on tiie Bench of the Supreme
Court.
To the Editors of the Chronicle and Senti
nel:
Gentlemen—The invitation which you
extended to members of the legal profes
sion a few days ago induces me to submit
some views on the above stated subject,
iu reply to those which have been ad
vanced by yourselves, by the Atlanta
Constitution, and by your correspondent
“Junius.”
In the first place, then, how is it that
you now consider an election by the
Generil Assembly to be an unconstitu
tional mode of filling vacancies on the
Supreme Bench, while iu your Jirst article
on this subject you suggested that the
Legislature should p .ss a law to have
these vacancies filleit by election of the
Senate ? Is an election by the General
Assembly open to any objection which is
not equally applicable to. au election by
the Senate ? The only objection made
by you is that appointment is the only
constitutional mode for filling either
whole terms or vacancies. This objec
tion is as latal to an election by the Sen
ate as to an 'election by the Geueral As
sembly—as fatal to the law which you
propose as to the existing law which you
attack.
Iu the next place, how is it that you,
aud “Junius,” and the Atlanta Constitu
tion, all agree, as you do agree, that the
appointment of Judge Lochrane was con
stitutional, and makes him a constitution
al Judge at this very time, although it
was made without the “advice and consent
of the Senate,” and yet affirm, as you do
affirm, that au election by the General
Assembly would be uuconstitutioual be
cause the Constitution, iu section TV,
article 5, requires Judges of the Supreme
Court to be appointed “with the advice
and consent of the Senate ?” You say
this means all Judges, as well as those
who go in for vacancies or fractional
term as those who go in for whole terms.
Then it means Judge Lochrane, and ren
ders his ajpointment unconstitutional,
since it was not made with, but was made
without “the advice and consent of the
Senate.” To maintain that his appoint
ment was consistent with this section of
the Constitution, you are obliged to admit,
just what I affirm, that this section has
no application to vacancies, but is con
fined 10 appointments for whole terms.
The only way in which you accomplish
the feat oi making this section condemn
an election by the General Assembly,
without, at. the same time, condemning
the appointment of Judge Lochrane, is
by insisting on that part of it which re
quires the Judges to be appointed, and
ignoring that other equally clear aud im
portant part which Jices the mode of the
appointment, by requiring it to be made
“with the advice and consent of the Sen
ate.” “Junius” speaks of appointments
under this section as things which are to
be made “by the Governor, subject to
the consent of the Senate.” I take this
to be a timid intimation that the appoint
ment takes effect as soon as it is made by
the Governor, aud lasts till it is rejected
by the Senate. Such a construction gross
ly violutes both the language and the
plain meaning of the Constitution.—
There is a very similer provision in the
Constitution of the United States, in re
lation to the making of treaties and the
appointment of Ambassadors and Judges
of the Supreme Court. Did anybody
ever dream that a treaty made by the
President could take effect without the ad
vice and consent of two-thirds of the
Senate?
This section IX., article V, of our State
Constitution, like the similar one in the
Constitution of the United States, is too
plain to leave room for even plausible mis
construction. It does not require the
appointment of Judges any more clearly
tuun it points out the mode of the ap
pointment by requiring it to be made “by
the Governor, with the advice and consent
of the Senate.” The very first step in
making the appointment is the Gov
ernor’s submission of it to the Senate.
Until thtir consent is expressed, their is
really no appointment—none which takes
effect—and the person appointed or more
sirictly speaking, the person nominated,
is not entitled to be commissioned—is not
a Judge. This section, then, is as fatal
to Judge Lochrane’s appointment as it is
to an election by the General Assembly;
and when you maintain that it does not
apply to his appointment, as was made
by Bullock, you maintain in effect just
what I do, that this section has no sort
of application to the filling of vacancies,
but is intended only for the filling of
whole terms. These must be filled by ap
pointment, and that appointment can
only be made “with the advice and con
sent of the Senate.” This section, if it
proves anything for you, proves too much,
and npsets your whole theory about va
cancies.
appointments after the first were declared
to be for twelve years. There is no room
for two opinions about the meaning of
these words, when they are closely and
fairly considered in connection with their
immediate context. The leading idea of
the paragraph, relates to the length o.
terms, and not to the mode of JUling iliemi
This part of the Constitution has no
intention to point ont a mode for
filling either whole terms or fractional
terms. Any light which is here shed on
the question as to the mode of filling
terms, is merely incidental, or more prop
erly, accidental, and it cannot possibly do
more than indicate what the framers of
tbe Constitution thought they had done
in those other parts which do provide the
modes in which terms are to be filled.
There are two such other parts—section
IX, article 5, which provides one mode
for filling whole terms, and paragraph
IV, section H, article 4, which provides
a different mode for filling vacancies. One
of tuese modes—that for filling whole
terms—is uniform and unvarying. It is
appointment by the Governor with the
advice and consent of the Senate. The
other—for filling vacancies—is alterna
tive. It is appointment by the Governor
without the advice and consent of the
Senate in one event, that is to say, where
there is not any provision of law regula
ting the matter. In the other event, that
is to say, where there is provision of law
regulating the matter, then the mode is
that which is prescribed in such provis
ion of law, whatever that mode may be.
This, also, may be appointment
by the Governor without the advice
or consent of the Senate, either
for a part or for the whole of the
vacancy: it might be appointment by tbe
President of the Senate, or by the other
Judges; or it might be election by the
Senate or by the House of Bepresenta-
tives, or by the General Assembly; or it
might be any other mode. Undei the pro
vision of law as it existed when the Con
stitution was adopted and as it was then
adopted by the Constitution itself, and
as it still exists, the mode was, and s; ill is,
appointment by the Governor, (without
the advice or consent, of the Senate)
whenever the vacancy occurs, as it did in
th- case of Judge Brown during a recess
of the Legislature; the appointment to
last till the meeting of the General As
sembly, and the remainder of the unex
pired term to be then JUled by election of
the General Assembly. This is my con
struction of paragraph IV, section II, ar
ticle 4—the only part of the Constitution
which provides or authorizes the Legis
lature to provide by law, for filling va
cancies on the Supreme Bench. By virtue
of this paragraph the existing provision
by law is the sole rule of the case, and must
be carried out in all its parts, unless it is
inconsistent with other portions of the
Constitution. I have already shown that
it is not inconsistent with that other por
tion which prescribes a mode for filling
whole terms. I will now show that it is
not inconsistent with section II, article 5,
to which I alluded a little while ago.
It. must be particularly noted that both
of the alternative modes for filling vacan-
cies-appointment by tbe Governor, where
there is no provison by law, an
appointment still by tbe Governor, (to
last until the next meeting of the Legis
lature) uuder the provision of lav/ as it
existed when the Constitution was made—
involve appointment as a mode of filling,
or partly tilling vacancies. How consis
tent with all this it was that the framers
of the Constitution, when they were
fixing twelve years as the term for all
appointments after the first, should except,
just as they did, except appointments to Jill
vacancies ! for appointments were alterna
tive modes of filling vacancies, while at
the same time there well might be, and ac
tually was another mode under the law.
When they were using such a broad phrase
as all subsequent appointments, it was very
prudent, if not absolutely necessary, to
except such appointments as might be
made to fill vacancies, under either of the
alternative inodes for JUling vacancies unless
they bad intended, as they have taken
pains to say they did not intend, that
these appointments for vacancies should,
like all subsequent appointments for re
gular terms, last twelve years.
This is just what they did; nothing
more—nothing less. Instead of incon
sistency, there is consistency and sym
metry. The different parts of the Con
stitution, and the provision by law for
filling vacancies by virture of one of
those parts, do but form but one harmo
nious, consistent and symmetrical whole.
Hancock.
But another part of the Constitution is
invoked; the last clause of paragraph I,
der in all things; and we insist that there I section H, article 5, in these words—
is but one of two things for tbe General “ bat 011 subsequent appointments, ex-
Assembly to do on this sobjeot at tbeb gf * ^ AHania
approaching session. CkmstUutton says this means “exceut ap-
Ono of these is, to proceed, ulider Ipiintments to fill unexpired terms.”
existing law, to fill whatever vacan- Granted. I admit that to be tbe mean-
cy exists on the Supreme Court
, ... „ , vacancies or unexpired terms can be
Bench by election. If this be I filled only hj appointment. A nonsequitur,
not done, the only alternative if there ever was one. To be sure, va-
is, to pass an act changing the e-visting cancies may be filled by appointment,
law upon the subject, and directing some I «nL***?* ifc ^ b ®
.. ' . filled only by appointment? The truth
other mode of filling vacancies. We are | j s they are to be filled in one of the two
free to say, that we believe the latter
His Spanisli Bride.
Gen. Sickles, U. S. Minister at Mad
rid, has recorded a new adventure for the
history of his romantic career in private
and public life. His diplomacy, how
ever commonplace and fruitless in the
Boyal Courts and Chamber of tbe Cortes,
has not been unavailing in private circles.
He has wooed and won and married a
Spanish lady, and has returned with his
Castilian beauty, on a visit to Washing
ton. She is described as of middle height,
and delicately formed. Her eyes are black
and lustrous, and eye-lashes long aud
curved. Her face is indicative of an
amiable disposition. Her manner is
quiet, and her voice sweet and winning.
She does not speak English, but converses
with General S. in Spanish. Cervantes
must have inspired the General with elo
quence and fluency in the use of this ro
mantic tongue since his residence in the
Spanish Capital.
An Important Capture. I TELEGRAPH NEWS
One of the most dangerous gangs of
thieves and cut-throats that ever infested
the South-western country has just been
broken up. The two leaders of the gang
are known as Hilary Farrington and Wil
liam Barton. These men have been ar
rested at a small place called Verona, on
tbe line of tbe Atlantic and Pacific Bail-
road, a few miles from the Indian Terri
tory, and their capture was effected after
one of the most exciting pursuits ever
recorded.
It. will be remembered that on tbe 21st
of last Jnly, the express train of the Mo
bile and Ohio Bailroad was invaded at
Moscow, Ky.. by three men in disguise.
These ruffians attacked the express mes
senger in his cab, overpowered him,
forced the safes in his charge, took all the
money and securities there, and escaped.
Energetic efforts were made to track the
thieves, but without success. On
the 22d of October, the np train
stopped at Union, Tennessee, 20 minutes
for supper. While the express messen
ger and all the train attendants but one,
were in the adjacent eating-houses two
mi* n suddenly leaped into the express-
car. The guard was there alone, he hav
ing been left in charge. Presenting
their revolvers at his head, the robbeis
threatened to blow his brains ont if he
raised an alarm. At the same instant,
two confederates who, at the 6ame time,
had boarded the locomotive, pulled open
the lever, started the train backward; and
went off down the line at tremendous
speed. This, we believe, is the only in
stance ever known of stealing a railroad
train. Fisk and. Gould did, however,
steal an entire railroad.
Several persons were arrested for these
crimes, but in each case it appears a mis
take was made. The prisoners, it was
found, might be of the gang, but its
leaders, the express robbers themselves,
were still at large. Little by little the
history and exploits of these men became
known. It was discovered that the two
were brothere; that they bad com
mitted several murders and a great
number of successful robberies; that
they had earned on their operations in
several States, and, the better to cover
their plans, had kept quiet country stores
in the same locality, affecting the while
to be strangers to each other. At last a
baud was regularly organized to hunt the
rascals down, and Pinkerton, the noted
Chicago detective, was placed in charge.
The trail was only found after repeated
failure and many ingenious experiments..
It was struck in the end, however, and
the way in which it was followed up may
be guessed from the fact that the outlaws
rode four hundred miles across the coun
try, with the officers hot at their heels,
before the capture. Pursuers and pur
sued dashed through swamps and cane-
brakes, across streams and through woods
—never relaxing their ardor until tbe cap
ture was made. Even when the robbers
were brought to bay, the affair had a sin
gular termination. The house wherein
they took refuge was bolted and barred
in such a way that entrance seemed im
possible, and the men within were des
perate and heavily armed. To repeated
demands for their surrender they re
turned simple defiance. Finally, the
officers actually set fire to the house; and
only when the entire building was wrap
ped in flames, and it was thought its
inmates must surely be roasted alive, did
they march sullenly forth. The men will
be put on trial under a dozen different
indictments, and it may be hoped that
the country is rid for once and all of two
of the most unscrupulous and mischiev
ous criminals in its whole limits. And
now, when are we to smoke out our rail
road thieves—Fisk and Gould.—AT. Y.
Times, ‘fid December.
By the New York Associated Press.
LOUISIANA.
course would be the better course. Let
an act be passed changing the existing
law to this extent, that, instead of an
• election Dy the General Assembly, on the
alternative ways, which the Constitulion
prescribes for filling vacancies. Appoint
ment forms a part in both of these alter-
rative modes; and, therefore, such ap
pointments as might be made to fill va
cancies, had to be excepted, when all
The School F:md.
Dahlonega, Ga., 1st January, 1872.
Editors Daily Sun: The people of this
county feel a deep interest in the matter
of education, and are anxious that the
Legislature shall husband the little fund
we have now, and add more to it con
tinually. They desire the money which
already accrued and belongs to the
school fund, shall be faithfully applied
for that purpose, and no other, and not
to be used to pay the salaries of officers
or other current expenses of the State.
The circular issued by the State School
Commissioner, dated 19th December last,
states in substance, that the school fund
is being applied to the payment of mem
bers .of the Legislature, and for other
purposes.
We believe it to be the duty of the
Legislature to keep good faith with the
people, and those who have rendered the
State valuable service in th& way of
teaching the children of the State. By
all means let the school fund be appro
priated to its proper uses. * * *
Tiie Sun.
During the present year a President
and members of Congress are to be
elected.
Liberty must be preserved or lost. The
Corruptionists of the Day—the Bond
Bings—the ambitious enemies of free
government—are artfully, persistently
paving the way to the overthrow of the
Federal Bepublic, founded by Washing
ton, Jefferson and Madison, and tbe es
tablishment of a Centralized Empire and
a Dynasty in its stead. ‘
THE PEOPLE can prevent this if
they will. They can retain their free
dom, or they can become slaves. The
destiny of this country is to be decided
by the people's votes!
If the Democratic party will but stand
firmly upon its time-honored platform,
and erect the standard of Liberty, and
honesty in the administration of the gov
ernment, a glorious triumph will be
achieved. Victory is within our grasp.
The enemy is giving way—ii receding
from his utter disregarded of law and
constitutional guaranties. Now is the
time for a vigorous charge upon his wa
vering lines.
The Sun, has been sowing tbe good
seed of truth. It has already brought
forth good fruit. We shalli continue
to sow the seed, and shall expect a rich
harvest to be reaped in the triumph of
honest principles in the next election.
We trust our patrons will aid us in ex
tending the circulation of The Sun. We
have entered upon our enterprise to assist
in the great work of redeeming the conn
try from the control of robbers, tyrants
and money-changers, who are infesting
the temple of Liberty. Their tables must
be overturned and public opinion must
scourge them from the public presence,
We shall give all the news from the
State Capital—proceedings of the Legis
lature—decisions of the Supreme Court,
and all important news and events con
nected with the State Government; and
shall endeayor to make The Sun a wel
come family visitor.
See our terms elsewhei'e.
Wm. Thomas, of the Central Hotel,
Augusta, died last week, aged 54.
Mr. Heixry M. Law is lecturing in Sa
vannah.
Templeton is pirouetting around Co
lumbus.
Columbus young men hold daily union
prayer meetings.
G. M. Benfro died of paralysis, in
Columbns, Friday—aged 44.
HIGH DADDY AMONG THE
LOUISIANA “PATRIOTS.”
A Sweet Mess among the Aro
matic.
The Happiest of Happy Fami
lies.
More Catling Guns in Brollier-in-Law
Casey’s Custom Honse.
METRO POI/IT ANS OUT IS? FORCE.
New Oreeans, January 4.—Yesterday
there was no quorum in the Senate.
In the House, on a motion to declare
the chair vacant, the cry of “aye” rang
through the House. Thirty or forty
members rushed toward the chair, but
were checked by a number of persons
who mounted the platform from the
Speaker’s private room. Speaker Garter
declared the proceedings revolutionary.
The Warmotliites claim six majority
against Carter on test questions.
The excitement in political circles con
tinues. After the House adjourned yes
terday, the Warmoth asserted that
Speaker Carter was surrounded by an
armed mob. The men, about 15 in
number, who suddenly appeared yester
day on the platform, in the rear "of the
Speaker’s desk, certainly checked a con
templated movement to put Carter out
by force.
To guard against the influence of such
parties 200 Metropolitans were ordered
on duty, at Mechanic’s Institute, early
this morning, and a detachment of the
City Guard (military), is said to be sta
tioned in supporting distance.
It is stated that the Carterites last night
called upon Gen. Emery for troops to be
used if emergency required.
At 6 o’clock this rhoruing, about two
hundred colored troops, with two Gatling
guns, marched up from the barracks and
were, stationed in the Custom House.
The factions, therefore, are about equal
ly matched as regards force.
The Times reports the following:
“Affairs at the State House are in a fe
verish condition, but there is no indica
tion of violence. Early in the morning
a large crowd gathered around the build
ing, and among the rest, the members of
the Metropolitan police, in and out of
uniform. The door leading from the hall
in front of the Senate Chamber to the
yard, was closed and guarded by
a half dozen Metropolitans. The police
were stationed at the doors of both
House and Senate, and a squad was kept
in readiness in the main entrauce. The
Crescent City Club were also present in
force, and by 11 o’clock the banquette
and on each sidejof the street were filled
with men. Lobbyists appeared busy
even on the streets, and much discus
sion arose over the proposed contest.
Many stated openly that several more
members had been bought for the War-
moth side, ond it was asseited that one
especially, whose name was given, re
ceived Si9,000; but not being cognosant
of the facts given, tbe statements are
beresay.
The Speaker of the House spent most
of the forenoon in the Custom House,
and at half-past 11 o’clock reached the
State house. Gov. Warmoth was al
ready there, but they did not meet.
A number of opposition members,
most of them cojored, quickly followed,
aud with great difficulty forced their way
through, over the ci-owded lobby, into
the Hall of Representatives.
The group still continued, when about
a quarter to twelve o’clock the
general attention was attracted
to two carriages which drove up to the
State House. The inmates of the ve
hicle at once walked into the Governor’s
office, and a small knot of by-standers
followed. Warrents were presented for
the arrest of Governor Warmoth., Mr.
Deneis, General Campbell, and a number
of others.
The Governor, glancing at the docu
ments, said to those accused: “Gentle
men, you must at once accompany the
Marshal,” and turning to the Deputy
asked him if he was authorized to take
bonds for their appearance. The Mar
shal replied that he was not, but thought
there would be no difficulty in procuring
their release on the proper security.
To the question of “who issued the
writs?” he answered “Commissioner
Wooifly.”
The Governor was then handed a war
rant for his own arrest, and informed by
the Marshal that it was not proposed to
take him, but simply to request him to
appear when notified. The Governor
said he would be happy to accompany
them if he desired it; and the Marshal
replied that such was not his wish. He
stated, further, that he did not propose
to use force.
Gen. Barber, he asserted, has refused
to accompany him to the Commissioner’s
office, but he did not intend to force his
attendance.
Thanking the Governor for his desire
to see the law executed the Marshal with
drew, ami, with the parties accused, w< re
driven rapidly to the Custom House.
Superintendent Badger, who was also
arrested, went with Gen. Campbell and
Capt. Flanagan in a cab. The arrests
were made in the quietest manner, and
few in the crowd were aware of what had
been done until some minutes after the
parties had driven off.
Subsequently, at 12 o’clock, the House
was called to order by Speaker Carter.
Au attempt was made to break a quorum
by the Warmothites retiring, but it was
unsuccessful—fifty-three members re
maining, as appeared by a call of the
Honse.
At this time the utmost excitement
pervaded both inside and outside of the
Chamber, though unattended with any
violent manifestations.
The carriages containing the arrested
parties were rapidly driven off. and
finally drew up in front of the
Custom House, where, amid con-
considerable excitement, they were usur
ped into the general business office of the
United States Marshal. Gen. Cambell
and Superintendent Badger going im
mediately into a private office. Capt.
Badger, in a few minutes, came out, as
did also Campbell ard they immediately
proceeded to the Commissioners office,
where they commenced the perusal of
an official looking document, which pro
ved to be an affidavit of which the fol
lowing is a copy: “United States of
America, District of Louisanna. Per
sonally appeared before me atm^T'
in the city of New Orleans, on
day of January 1872^ H. SctaSjfcJ
Henry H. Stevens, Henry R
and J. P. Wilson, who being duly 2“-
say that they are citizens of the TTnU 1 !
States, and that they have reliable in “ U 1
mation and verily believe, and tWnf ■
charge the following persons to!* 8
Henry C. Warmouth, P. S. PineliW :
A. B. Campbell, A. B. Harris Ch^’
W. Ringgold, Peter Harper, W P, ? '
rett, L. W. Loven, John M. GarfejS'
J. B. Stamps, Jas. T. Houston R
Stanton, Dewitt, C. Brown, J. V wr; Cl
D. C. Cockerem, Emerson Beut'ler
vey Halioney, Walter R. Wh&ylan’rt t
A. Massicot, A S. Badger, Capt J pi
agan and Capt. B. Edgeworth, that
have, in the city of New Orleans on .c
1st, 2d or 3d day of January, 1872 rr» i a
an unlawful combination and consDb? 6 1
in the State of Louisiana of a seSS
acter, for the purpose of obslJnt
ing and hindering the exeS
of the laws thereof, and also 2 >
of the United States, the pur^ I
of the conspiracy being to deprive IV L
resentatives of the General Assembly?. I
the State of Louisiana, both in their; ‘1
dividual and representative character :.!
their rights, privileges and immnniti J
as such under the laws and Constitute!
of the State of Louisiana, and of ? I
United States; that the constituted 1
thorities of said State are unable in Z1
unwilling, to-protect them in the enW 1
inent thereof—thereby denying to d
citizens and Representatives equal rivb 1
under such Constitutions and C 1
that by means of the said conspir^I
said parties have taken violentandiiwj I
possession of the ball of the House^M
Representatives, have attempted violet B
ly to eject the Speaker of said Horn-i
and have been engaged iu bribing
corrupting divers members of said Hmrdl
aud have used and are using means ofl
intimidation, to deter others from di ll
charging their duties and to incite rioiH
all against the plea and dignity of thfl
United States. Signed F. Schumake)!
M - D - H - Stevens, H. E. Eeasojj
aud S. P. Wilson.
Sworn to, and subscribed before nuR
this, 4th January, 1872. F. A. WoolflB
United States Commissioner. H
Iu a. short time they commenced tB
come iu crowds of oue and two. At ifl
minuies past 12 o’clock the Governor e|f !
tcred the court room, accompanied bvH
Deputy Marshal, aud was loudly cheereH
by those assembled, and cries of, “CaM
the Senate to or del-,” “We have a Go JB
ernor,” “God for the Governor.” [1
The Governor looked around andcrkjB
“Order, gentlemen, order.” The uproB
subsided and the Governor took a chrB
all the rest flocking around him. i
Considerable inquiries were madeasB
what is going to be done in this case. B
After consulting with the District
torney, he said he would accept the bai
The names were then called, and ti
following named persons were found i
be present: Henry C. Warmoth, Hug
J. Campbell, A. li. Harris, W. B. R
rett, A. L. Barber, E. W. Dennis, Peti
Harper, W. K. Harper, James D. Hoi
ton, Capt. Flannegan and A. S. Badge
They were all released on 8500 bail '
appear when cited—Warmoth on liis os
recognizance, and the rest on tbe bo:
of Joseph Hernandez and H. A. Son!
worth.
In the House, on motion, the seats |
the following members were deck's!
vacant: O. H. Hempstead, of Iberrl!
Chas. Able, and D. Cazy fcjtantoa, c
Bossieur. The following were seote)
H. G. Destond, of Iberville, and ft]
and Scanlau, of Bossier.
The report of the Committee on Eij
tions, which was adopted, unseats ll
Lasolihiere, of St. Martin, and sJ
Castle and Neveu; unseats W. W’reliJ
of Sabine, and seats J. A. Smart; ;|
unseats L. ll. Somcr, of AroceLi
Those unseated were Warmotkt
Those seated are opposition—four I
publicans; Conservative only one.
New members were qualified nd f
House adjourned to noon to-morre
The proceedings were disorderly.
The Evening Republican claims t!
the action of the House to-day was ill
gal, as there was no quorum, there bei:
only 51 members present, including tl
Speaker.
The Speaker was authorized to appoi
a sufficient number of Deputy Sergead
at-Arms to protect the House and pj
serve order without the presence of«
Metropolitans. Fears of a conflict j
morrow are entertained.
WASHINGTON.
Hen. Ilullcclclll—Tlic President Sw.JB
ing Round the Circle—The llornetB
l>c Protected—Dcsith of an cx-ScnaloB
Home and Foreign Summitry. I*
Washington, January 4—GeD. EB
leek is dangerously ill.
The President and the Secretary of fl
Treasury have gone to PhiladelpB
They will return Monday.
Dr. Arnold Nanden, United StB
Senator from 1830 to 1836, is d&B
aged 82.
The Roman Chambers have adopt*’
convention to provide for the settled
of the Danubian Railway obligation*
Queen Victoria has returned to
sor.
Fonr Greek vessels have been s|
in the Black Sea. All hands werelosf
Official advices show t.iat the Ptr
famine continues, and that entire
tricts have beeu depopulated. The 1
foring in the cities is terrible.
Robert J. Harvey, a shipping c
chant, died to-day from wounds ifl&fl
by a midnight assassin, on the corn-j
Flushing and Adelphine streets, $-'■ *
lyn. J
Trains on the Union Pacific Bo 3i; !
still snow bound near Sherman. Ll
Two persons broke through the
were drowned, near Poughkeepsie.
The people of Rochester were no’,^1
lowed to stop aucl talk on the street.
night. K
Only thirty delegates attendee
Labor Reform Convention at BridgvB
Connecticut. j
Half a dozen arrest for the u'Ft j
murder, at Windsor Locks Connect ]
have been made—all the partis {
lewd. : j
The Senatorial committee is hot a
open sessions in New York.
The Herald says Bismarck has ^ J
a note to German agents indicating s
trust of the Theirs government. 11
The armes taken from France by 1*1 j
have been secretly purchased by
ternationalists. " ,,
The archives of the old Board of *
men have been seized and locked j
Commissioner Van Nort.
The Clifton Springs Hotel ha® |
burned, loss 8120,000. .,
There were eight small-pox de*
1 Chicago last week. 5
— f.