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ESTABLISHED 1799. {5K®
FROM WASHINGTON.
Proceedings in the Two House* Yes
terday.
Wasßisgtos. December 29 —ln the
Qonatc the Chair presented a telegram
from Gen. John A. Logan, now in Chi
" ‘ sta ting that he would not be able
t a return to Washington in time to act
is a member of the special committee
devise means for a count of Href
1 worai vote, etc., and asking ttfcbe
from further servioeas a mem
that committee. No objection
heiD g made, Mr. Logan was excused,
. 4Q( j Conkliug was appointed on the
committee to fill the vacancy.
In the Senate, Mr. Gordon presented
the memorial of Wade Hampton, Wm.
Simpson, W. D. Wallace and six!y
oight Senators and Representatives in
the General Assembly of South Caro,
lina, addressed to Congress, reciting at
length the events which have recently
transpired in the Stute, by interference
of the military, &c., aud asking Con
gress to ta"ke such action as will cause
a cessation of military interference in
the affairs of the State, and enable the
Governor and Legislature to exercise
the duties of the offices to which they
were elected. The memorial having
been read, Mr. Gordon moved that ft
be offered to the Committee on the Ju
diciary.
Mr. Frellnghuysen moved to amend
so as to refer it to the Committee on
Privileges and Elections, instead of the
Judiciary Committee. Pending discus
sion, Mr. Gordon, by unanimous con
sent, submitted a resolution recog
nizing the Hampton government as the
legal government of South Carolina,
but objection was made to it by Mr.
Morton and others, and it was laid
over.
Tho question being on the amend
ment of Mr. Frelinghuysen twelve
Senators voted in tbe affimative, and
thirteen in the negative —no quorum—
ho the Senate at 12:30, adjourned until
Tuesday next, in accordance with an or
der previously adopted.
Col. L°vy presented a memorial,
signed by Thomas A. Adam, President
of the Board of Underwriters of New
Orleans; Cyrus Bussey, President of
the Chamber of Commerce; Wm. C.
Black, President of the New Orleans
Cotton Exchange; B. S. Howard, Presi
dent of the Merchants’ Exchange; Jno.
G. Gaines, President of the New Or
leans Clearing House Association; Jas.
G. Aiken, President of the New Orleans
and Red River Transportation Com
pany; W. T. Boardman, President of
the Red River Pilots’ Association, for
improvement of the Red river from
Jefferson, Texas, to tho mouth. Pub
lished in accord, and will tomorrow be
introduced a bill appropriating one
hundred and fifty thousand dollars for
the purpose indicated in the memorial.
The Committee on Privileges and Elec
tions have summoned Cronin in the
Oregon election case.
In the House, not fifty members
were present, aud adjourned after
passing a few pension bills. Tho New
Orleans Committee met on the House
side.
The Republican electoral vote of
Louisiana has beeu received by mail;
none from either party yet by mes
senger.
In the Senate, tbe South Carolina
memorial comes up Tuesday on the
question of a reference. The resolu
tion offered by Senator Gordon, which
is as follows, can be called up by him
at uuy time, aud will be regularly be
fore) the Senate:
Unsolved by the Senate, That the
State of South Carolina, represent
ed by Wade Hampton, as Governor, is
tho lawful government of said State;
that it is republican iu form, and that
every assistance necessary to sustain
its proper and lawful authority in said
State should be given by the United
States, when properly called upon for
that purpose, to the end that the laws
may bo faithfully and promptly execut
ed, life ami property protected aud de
fended. and all violators of law—State
or National—brought to a speedy pun
ishment for their crimes.
Adjourned to Tuesday.
Commencement of the Oregon Vote.
The Committee on Privileges and
Elections commenced Oregon. Chad
wick, Secretary of State of Oregon,
testified that the first intimation lie had
of Watts being postmuster was after
the election. The Governor mid him
self agreed to be governed in making
the lists by the nets of Congress aud
the statutes of Oregon. The Governor
heatd argumeut before acting. Udell,
Republican elector, testified that dur
ing the proceedings Odell was elected
president aud Cartwright secretary.
Watts tendered his resignation, which
was accepted. Cronin then said, "You
refuse to recognize me.” Witness re
plied, "No. sir ; but we want the cer
tificates. You must not think that we
will not act with you, and you must
never go from here and say wo would
not act with you.” Crotiiu thou left,
and tho college proceeded to cast the
vote, Watts being elected to fill the va
cancy in tiie college, caused by his own
resignation. Adjourned.
Mackey and Hayes iu Consultation.
A Herald special from Columbus,
Ohio, says T. J. Mackey, of South Car
olina, brother of Mackey, the Speaker
ot Chamberlain’s House of Represen
tatives, arrived here last night, and
peut the evening with Gov. Hayes.
During the canvass Mackey was a
warm supporter of Hayes ana Hamp
ton, and it is supposed he now comes
here in Hampton’s interest.
FLORIDA.
A Filial Solution To-morrow.
Tallai asske, December 29.—Noth
ing of special interest since yesterday.
The Supreme Court will certainly be
here to-morrow, and it is expected a
final solution of the vexatious uncer
tainties which now disturb the country
will be arrived at, at least in Florida.
Minor Telegrams.
New York, December 29. — Govern
ment (dicers yesterday nfternoon
seized 23,900 smuggled cigars in White
hall street, tho largest seizure of
smuggled cigars for years.
A cable special says the United
States steamer Gettysburg has return
ed to Gibraltar, after a further exam
ination of the coral reef recently dis
covered in the Atlantic.
Cincinnati, December 29. —Bremaher,
Moore & Co.’s large paper mill, at
hiurel, Ind., was burned. Loss, $150,-
_ Watertown, N. Y., December 29.
don. A. Wheeler left Malone this af
ternoon for New York, where he will
remain a few day’s before proceeding
to \\ ashington. Governor Hayes has
written a letter to a friend In Malone,
ln which he says all newspaper reports
Purporting to foreshadow his future
policy are without foundation what
ever.
Us CfmfitotteMfei
""" •
foreign news.
The Porte Willing to Make Conces
!fo^il t , 0 ! 1 POSrf to the Occupation
of Turkish Provinces.
London, December 30.—A Berlin cor
respondent of the Pall Mall Gazette
* affirmed here that
tonTtttJ 16 haS declared its willingness
to rnuke concessions, and offer ample
securiUM ,o tbe Pi.ere, but it
waveringly refuses to sanction the oc
cupation of its provinces by any troops
Jr*™ II liaa even refused its con
sent to the occupation by English
Up ° a which poiat the Turkish
Ministers were confidently approach
ed, but by which power your corres
pondent cannot learn.”
Fears of the Russians Crossing the
Danube— French Affairs.
There are apprehensions at Bucha
rest that the Russians may cross the
Danube on the ice or bard frost. The
Russian army is suffering from the
aQd fever. The Times'
Berlin correspondent says no immedi
ate rupture is to be expected. The
limes Vienna and Paris correspondents
tako the same view ot the situation,
lhe financial condition or Russia is
reported desperate.
Versailles, December 29.—The de
feat or Gambetta yesterday in tbe Dep
uties terminates, lor the present, the
bonflict between that body and the
Senate.
It is generally believed the Senate
wih adopt tffe wholo Budget as passed
by the Chamber of Deputies.
JUDGE T. J. MACKEY.
The Object of His Visit to Gov- Hayes
-The Bearer of a Tetter from Gov
11am pton.
Columbus, December 29.—Judge T
J. Mackey, of South Carolina, is here
as bearer of a letter from Gen. Wade
Hampton to Gov. Hayes. The letter
is as follows;
Executive Chambkr, i
Columbia, December 23, 1876. \
My Dear Sir : I have the honor to
enclose a copy of my iuaugural as tho
duly elected Governor of South Caro
lina.! In view of the present events and
the official sanction given to gross
misrepresentations of the acts and pur
poses of the majority of the good peo
ple or this comniouwealth, I deem it
proper to declare that profound
peace prevails throughout the
State; that the course of judi
cial proceedings id obstructed by
no combination or citizens thereof,
and that the laws for the protection of
the inhabitant in all their rights or
person, property and citizenship are
being enforced in our Courts, while the
people of this State are not wanting
either in the spirit or means to main
tain their rights of citizenship against
the usurper of power, which now defies
the supreme judicial authority of the
State. They have such faith in the
justice of their cause that they pro
pose to leave its vindication to the
proper legal tribunals, appealing
at the same time to the
patriotism and public sentiment
of tho whole country. The inflamma
tory utterances of a portion of the
public press render it perhaps not in
opportune for me to state, although the
people in South Carolina view with
grave concern the present critical con
juncture in the affairs of our country,
which threatens to subject to an ex
treme test the republican system of
government itself, it is their firm and
deliberate purpose to condemn any
solution of the existing political prob
lems that involves the exhibition of
armed force, or that move through any
other channel thau the prescribed form
of tbe Constitution or the peaceful
agencies of law.
Trusting that a solution may be hail
which, while maintaining the peace of
the country, shall do no violence to
the constitutional safeguards of popu
lar rights, and will tend still firnly to
unite the people of all the States iu an
earnest effort to preserve the peace
and maintain tbe laws and the Consti
tution, I am, very respectfully, your
obedient servant,
[Signed] Wade Hampton,
Governor of South Carolina.
His Excellency R. B. Hayes, Governot
of Ohio.
P. S.—As the settlement of the vexed
political questions which now agitate
the publio mind must ultimately de
pend on yourself or upon your distin
guished competitor for the Presidency,
I have addressed a letter similar to
this to his Excellency Gov. Tilden.
Yours, W’ade Hampton.
T he Astor Idiots.
[Yew York Correspondence Rochester Dem
ocrat.]
Speaking of families, one is led to
notice peculiarities which are be
queathed from father to son. Thus it
is said that the Astors have an idiot in
every generation. Old John Jacob’s
oldest son, who bore his own name,
spent the larger part or his life in a
private asylum built for him by his
father. This was no doubt the iinest
institution of the kind in America, and
consisting of an entire square walled
in, containing a residence for the keep
er, with stables. The patient was never
left unwatched. He was driven out in
the coach in flue weather, and was
treated with all possible attention.
The cost of taking care of
him was about $6,000 a year,
including interest on the property.
About six years ago the pa
tient died, being then about seventy
live. The present idiot is Henry, son
of the late William B. Astor. As soon
as his case was found to be hopeless he
was placSd on the farm near Rhiuebeck.
The manager of this establishment had
the care of him, and all went well until
Henry got acquainted with country
girl of low family, and was 'soon de
coyed into a marriage. The expecta
tion of wealth led to this, but it was
disappointed, for the father left Henry
a pensioner on his brothers. Since
then Henry was accused of striking a
child in a cruel manner, and damages
to the amount of $20,000 were recover
ed. Like all idiots, he Is cruel, but
this verdict is only explained by the
family wealth. It has never been
equaled in the records of jurispru
dence. The brothers will not pay it,
and all that can be done is to ai rest
the ldiot,and place him on the limits.
The abbreviation mania has reached
such a height in the Great West that a Bur
lington Minister announced last Sunday
morning that he would t. a. t. (take a text)
bearing, on the g. b. f. (great Brooklyn
tire), and that the r. m. c. (regular monthly
collection) would now be taken up b. t. and.
(by the deacons). The congregation s. a. s.
(smole a smile).
—Statistics show that the greatest num
ber of cases of hydrophobia occur in March.
WADE HAMPTON >VILL BE
GOVERNOR!
THAT'S THE CONCLUSION OF THE
CONGRESSIONAL INVESTIGA
TION.
The Committee Thinks that the State
was Carried for Hayes by a Majority
of the Votes Actually Cast, and that
Technical Irregularities Ought not
to Affect the Result—An Interesting
Talk with Congressman Sayler,
(Special Dispatch to tbe News and Courier.)
Columbia, Thursday Night, Decem
ber 28.—The House Congressional Sub-
Committee spent the day in examining
witnesses, white and colored, relative to
the alleged intimidation of Republican
voters, and adjourned this evening
sine die. This committee, composed
of Mr. Saylor, chairman, and
Judges Laurence and Abbott, gi\e
it as tivir conclusion, after a
most careful examination lasttng tlfcee
weeks, that they believe that a ma
jority of the votes actually cast by the
voters of tho State is for the Hayes
and Wheeler electors, as showu by the
precinct managers’ returns, and that
the majority runs from 600 to 800, with
°ut questioning any of the returns. If
l his was anything but a great national
question and was to ho decided upon
mere technical points, there are proba
bly precincts enough where the vote
was marked by fatal irregularities to
overturn this result.
I asked as to the result in regard to
the State ticket. (
My informant (Mr. Sayier) replied:
“So far as the State election is con
cerned, there is no doubt that Hampton
is elected by eleven hundred majority,
aud, in my judgment, tho balance of
the Democratic State ticket is also
elected.”
I asked if the investigation was con
cluded. He said it was, as the work of
the sub committee is done and it will
not assemble hero again. The Chat les
ion Committee will probably be de
tained there until Sunday or ‘Monday.
Mr. Sailer also stated that the Robbins
box was the only one thrown out, as it
was not claimed, eveu by the Republi
cans. As the box was open only from
about 2 to 6 o’clock, it would
have required six men to tiie
minute to bo sworn and voted
to make up the number claimed to have
legally voted there. In regard to the
testimony of the United States officers,
Mr. Sayler said ; "The testimony of
these gentlemen entirely sets aside that
of the negroes as to intimidation at tho
polls, aud these officers were brought
in to testify without any reference to
their politics, for the purpose of get
ting an important and unbiased state
ment, upon this head.” In reference to
the Ellentou riot he said that it had no
political significance, and was not re
garded by the committee at. all, even by
tho Republican members.
In conclusion, Mr. Sayler said: “I
think Hampton will be Governor of
this State. He is elected, aud ought to
be. There is no question about his
election, :a my judgment. If the re
turns indicate the election of Hayes, as
no doubt they do, much more do they
indicate the election of Hampton, and
I say, without any mental reservation
whatever, that I think that Hayes and
Wheeler, and Hampton and the entire
Democratic] State ticket have been
elected by a decisive majoiity.”
Judge Abbdtt left for Boston to
night.
[By the Associated Press.)
New York, December 29.— The Her
ald's Columbia, S. C., dispatch says the
House committee has, in concluding its
labors there, ascertained that tho
Hayes electors have un average ma
jority of r.bout GOO votes over the Til
den electors in this State. This result
was reached early Thursday morning
by accountants of the committee, and
is based upon the returns of precinct
managers, and upon the actual votes
cast, as near as the committee could
get at them. It was with some diffi
ulty that the sub-committee remain
ing here could be persuaded to give
this announcement to the press, and it
was then qualified by the remark that*
thero were certain illegal boxes, ir
regularities and discrepancies that
would have to be considered by the en
tire committee when it again assem
bled at Washington.
The two sub-committees now at
Charleston will meet the one now here
at Florence in a few days, when tho
entire committee will proeede to Wash
ington to complete its labors. It is
safe to say that the committee will be
unanimous in declaring that tho solid
electoral vote of South Carolina was
cast for Hayes and Wheeler on tho 7th
of November last. The committee,
while it did not go into a formal inves
tigation of the election of Governor
aud State officers, was required to do
so incidentally in ascertaining the facts
as to the electoral votes, and it is
equally safe to say that the gentlemen
composing it are almost unanimous in
the opinion that Hampton and the
remainder of tho Democratic State
ticket are elected by majorities rang
ing from 1,100 downward.
Columbia, Dec. 29. —Messrs. Sayler,
Abbott and Laurence, tho Sub-Congres
sional Committee completed their woik
to-day. Their report, from returns as
submitted, gives the State to Hayes
and Wheeler by about 700 majority ;
but show that Hampton aud the entire
Democratic ticket is elected by a much
larger majority. ThisCommitteeleaves
for Charleston to-night, to join the Sub-
Committee there, and will probably
leave for Washington on Monday.
Tuf. Child’s Bath.— There is one im
portant point which is the question of
the day with mother and nurse, anti
that is the morning bath. Let the
room be well warmed before the child
is taken out of bed, and let those who
think a cold bath an absolute necessity
remember that, on a summer morning,
their children enjoy it; and if they
keep the temperature of the water the
same all tho yetlr round, that is about
fifty-five or sixty degrees, they may
obtain all the benefit possible. Let
them think how unreasonable it is to
take water not much above freezing
point, and attack the nervous system,
already depressed, by a shock which is
followed by a reaction which requires
the whole morning to recover from.
We have no hesitation in recommend
ing a warm bath, early in tho day, fol
lowed by a simple douch of cold water,
as far preferable to the cold bath ; or a
warm bath at Dight for the sake of
cleanliness, and none at all in tho morn
ing. It may be taken as a rule that, in
the case of children, sudden changes of
temperature are dangerous, and that
fifty-eight to sixty degrees mav be
taken as the safe average temperature
in which they should be constantly
kept.— British Medical Journal
AUGUSTA, GA., SATURDAY, DECEMBER 30. 1876.
AN ABSORBING ISSUE
Tho Only Constitutional Solution of
the Eleotoral Problem.
Editor Constitutionalist :
Sib—The people have chosen their
Presidential electors; these electors,
with many serious irregularities in sev-,
eral of the States, have met in pursu
ance to the direction of the Constitu
tion, and sent their votes to the Presi
dent of the Senate. There remains but
one more act to be performed before
the official announcement of who has
bden chosen President of tha United
States, namely, counting the votes. As
to how this ought to be done the two
great political parties essentially differ.
Oue view is that the President of the
Senate is clothed With both judicial
and miaibteiial functions; another that
ho has only ministerial powers, and
cannot exercise any judioial authority
whatever. Both Radicals and Demo
crats, however, seem to admit that full
judicial power in this matter rests
either in the President of the Senate
per se, or in Congress as a body. This
is the premise from which the multi
tudinous writers on the subject draw
their conclusions; this is the proposi
tion to which they presuppose full as
sent.
An eminent philosopher has said that
an infallible guide to truth is, never to
give an unqualified assent to any prop
osition the truth of which cen be rea
sonably doubted. Profiting by these
suggestive words, I propose to prove,
by logical analysis and deduction, as
far as the nature of the case will ad
mit, that the full judicial power thiw
claimed rests neither in the President
of the Senate per se., nor in Congress
as a body; but that, under the Consti
tution and tho recognized principles of
our Republican Government, each
State has the sole power to judge who
shall be its Presidential electors.
This proposition contains two sub
ordinate ones. Let us consider them
separately : *
First. Under the Constitution, each
State has the sole power to judge who
shall be its Presidential electors. There
are but three direct references in the
Constitution to the Presidential elec
toral question—namely : paragraphs
2 and 3, section 1, article ii, aud article
xii of the amendments. Paragraph 2,
section 1, article ii, reads as follows :
“Each State shall appoiut, in such mam
uer as the Legislature thereof may di
rect, a number of electors, equal to the
whole number of Senators aud Repre
sentatives to which tho State may be
entitled in Congress ; but no Senator
or Representative, or person holding
an office of trust or profit under the
United States, shall be appointed an
elector.” Paragraph 3 of the same
section and article stands thus : "The
Congress may determine the time of
chocsing the electors, aud the day on
which they shall give their votes;
which day shall be the same through
out tho United States.” This is all
that the Constitution says about their
appointment. Here, then, is a clear,
unequivocal declaration that, iu the
appointment or its electors, each State
has full power, limited only by the two
restrictions as to the persons who may
be appointed and the time of their ap
pointment. Hence follows tiie irresis
tible conclusion that in all cases of
fraud, corruption, intimidation or any
other irregularity, except the disabili
ty pointed out in paragraph 2, section
1, article ii., the State is the final judge
as to who shall be its electors. The
power to appoint carries with it the
power to correct abuses in the manner
of appointment.
Thi3 argument is direct; but there
is another based on the redudio ad ab
surdum which is equally conclusive. I
premise iu the first place, that full
power to decide who shall be electors
must reside somewhere, and that there
are only two tribunals in which it can
possibly reside, namely, in each State
for itself or in Congress. I premise in
the second place, that ‘‘those powers
not delegated to the United States by
the Constitution, nor prohibited by it
to the States, are reserved to the States
respectively or to the people,” which is
the language of the tenth amendment.
My proposition then is that, the Con
stitution has not delegated this power to
Congress; and therefore it remains with
the Stales respectively, or with the
people.
This opons op tho question of the
extent of the powers delegated to
Congress as regards the electoral vote.
There is but one place in the Constitu
tion, except paragraph 2, section 1, Ar
ticle 11, already quoted, iu which Con
gress aud the electoral vote are spoken
of iu connr ction with each other, and
that is iu the twelfth amendment. To
narrow the matter down still further,
the following brief extract contains
everything in that amendment mate
rial to tho point in issue : “The Presi
dent of the Senate shall, iu the pres
ence of the Senate and House of Rep
resentatives, open all the certificates,
and the votes shall then be counted.”
These are plain words. Who will bo
so rash as to say that they confer on
tho President of the Senate, or on tho
Senate and House combined, any power
to judge who shall be the electors of a
State ? Who vvill so stultify himself as
to say that they give Congress author
ity to reject the vote of an entire State
aud thus silence the voice of her people?
There is no doubt that the words
above quoted do confer ministerial
poorer on Congress; but do they neces
sarily imply anything more? Yes;they
necessarily imply such limited judicial
powers as are requisite to determine
what votes have and what votes have
not the sanction which the Legislature
of the State from which they came has
seen “fir to direct” that they must
have. Hence, since Congress is not
vested with tho full judicial power of
which we are epeaking, it must remain
witli the States respectively or fte peo
ple.
But again, if C ingress has full judi
cial powers over the Presidential elec
toral vete, this much is certain, that
the Constitution is woefully defective
n3 regards the manner in which that
power is to be exercised. The impor
tance of the subject assurediy called
for the plainest instruction from the
wise framers of that glorious instru
ment. And, be it remembered too, that
the original clause of the Constitution
concerning the Electoral College was,
in 1803, stricken out by the States at
the recommendation of Congress, and
tho Twelfth amendment substituted in
its stead; but the language above
quoted concerning the counting of the
votes was literally restored. So that
the subject has been twice under in
spection, and yet the defect (if there be
one) was not remedied. In the light of
these facts, who will believe that It was
ever intended that Congress should
navofuii judicial power in this mallei?
Who will uelievv mat the statesmen of
1783 made such a mistake, and tiiat
those of 180 i fell into the same mis
take? Far more logical is the infer
ence that the Constitution was never
meant to give such power. It is very
explicit in its provisions for a ministe
rial count by Congress ; but it makes
no provision at all for a full judicial
count because it delegates no authority
whatever to make one. The Constitu
tion appears defective in this particu
lar only because its other regulations
have been perverted.
The Constitution, being the solemn
compact which holds together the peo
ple of the several States, should be
held supremely sacred, and no viola
tion of Its stipulations by Congress iu
the past can warrant us In violating
them iu the future, for one wrong can
never justify another. But if my au
thorities are correct, (and I have no
reason to doubt them), it is an histori
cal fact that, previous to the usurpa
tions of the Central Government that
followed la the wake of the late war.
Congress never assumed the full judi
cial power now claimed for it In counts
mg the electoral vote. The first joint
rule of the two Houses of Congress to
regulate their conduct in this matter
was passed in 1793. It ptovides only
tor ministerial duties, no mention
Whatever being made of any power to
object to a vote. Rules the same In
Substance with this one were adopted
In 1797,1801,1805, 1809,1813 and 1817.
In 1821 a similar resolution was also
adopted, “but with an additional pro
vision providing for an objection being
Ipade to counting the votes of Mis
souri.” But what was the reason for
this objection ? In the language
of the Journal, “Mr. Livermore,
one of tho Representatives ot the State
of New Hampshire, rose and objected
to the counting of any ot the votes
given by Missouri for President and
Vice-President of the United States of
America, bemuse Missouri is not a
State in this Union.” Missouri bad
jqst been formally admitted by Presi
dential proclamation, and it was held
by some that there were certain fatal
irregularities In the method of its ad ■
mission, or something of the kind. Be
it’notod that this objection was based,
not on the ground that the State was
ineapabie of complete control over her
electors, but that she was not u mem
ber of the Union; and this was a ques
tion which, of course, Congress was
alone competent to decido. Such an
exception served but to prove the truth
of the rule. Joint rules providing only
for ministerial duties were likewise
adopted in 1825,1829 and 1833. But ia
1887 a uew complication was presented, i
and the rule of 1821 was again used. I 1
have no means of finding out tbe exact j
import of the words of the “additioual
provision” to this resolution, but is it
not a safe inference that they do not
provide for any objection beiog made
to a vote on the plea of tbe incompe
tency of a State to decide all questions
arising or the appointment of its
electors? At any rate, the rule has not
been used finee.
Rules providing only for ministerial
duties were adopted again in 1841,
18*15, 1819, 1853,1857 and 1861. It was
not until 1865 that Congress passed the
twenty-second joint rule which pro
vides that either House may object to
the vote of a State on any ground it
may see fit. But even in this case I
apprehend that tho power to object
was assumed iu the first instance un
der shelter of tbe assertion that the
“rebel States” were not then in the
Uuion. It was in this covert manner
that the power to reject the vote of a
State, though confessedly in the Union,
and to disfranchise a free people was
first usurped.
Second. Under the recognized
principles of ouf Republican Govern
ment, each State has the sole power to
judge who shall be its electors. I do
not mean that it is universally admit
ted that this power belongs to the
States, but that it follows as a sequence
from principles which are admitted.
Under the name of “recognized piinci
ples,” I class such as the following:
That the Legislative, Executive and
Judicial Departments are to be kept as
separate and independent as possible,
with a view to their acting as checks
and balances on each other. That the
absolute controlling majority iu our
Government is a concurrent one, com
posed of a numerical majority of the
people and majority of theitates; the
one having its type in the House of
Representatives, and the other in the
Senate. To any one familiar with the
Constitution, the ail-pervading influ
ence of these principles is patent.
What now would be the logical result
of Congress rejecting tho vote of a
State? Evidently it places the elec
tion of the Chief Executive, anil con
sequently the Chief Executive himself,
almost entirely under tho control of
Congress; and thus the Legislative and
Executive Departments are virtually
united. Such a Government Sir Wil
liam Blackstono declares to be tyranni
cal.
Furthermore, if the Homo of R >p
reaentatives should exercise this power
to reject, the numerical maj >iity of
the people would have un undue* ad
vantage over the States. If tLe Sen
ate should exercise it, tho ioverse
would be true. These undeilying
principles of our government should
be carefully guarded. They forbid, on
the one hand, a majority of the States,
as such, to entirely override the will of
the people. They forbid,n the other
hand, a popular majority to oppress
the weaker section of the Union. His
tory furnishes sad proof of the fact
that there is no bloodier tyrant than a
popular majority. Our representative
should not be confounded with a purely
Democratic Government.
Thus I have endeavored to prove the
proposition with which I set out,
namely, that under the Constitution
and tho recognized principles of our
Republican Government each State has
the sole power to judge who shall be
its Presidential electors. Aud in the
course of the argument it has also ap
peared that Congress has no Constitu
tional authority to reject the votes of
these electors when cast.
But it may be asked, is there no con
stitutional way of going behind the
certificates or a Returning Board and
a Governor in case of fraud and cor
ruption? Y'es; there is a very plain
one. Congress has no authority to go
behind these certificates, but the Su
preme Judicial power in the State has,
and that, however, is the Supreme
Court in each of the States. To this
tribunal does the Constitution intend
that contesting parties should bring
their claims for adjudication, whether
based on charges of fraud or corrup
tion, or intimidation, or any other pos
sible irregularity. But when the elec
toral vote of a State is sent on to the
President of the Senate, bearing the
sanction of the supreme power or that
State, Congress has no authority, un
der the Constitution, either to go be
hind it or reject it. The whole judicial
power of Congress consists In judging
whether or not tbe votes have the
sanction of the supreme authority of
the States. If in any contingency two
sets of votes should be presented by
one State, emanating from two rival
governments, each claiming an Execu
tive, a Legislature and a Supreme
Court of its own, then under the guar
anty of the Constitution that each
State shall have a “Republican form of
government” it would be the duty of
Congress to interpose and recognize
one or the other of the rival govern
ments, and this would settle which set
of votes should be counted.
The assumption by Congress of a
full judicial authority over the elec
toral vote Is one of the moat pernicious
results of the war. Had this power
not boeu taken from the tribunal
where it properly belongs, the country
would not have been in the throes of a
revolution. The trampling on the
rights of the States under the Consti
tution will be the burden of the histo
rian’s theme when be cotnee to write
the Iliad of our woes.
Cincinnati's.
MILCH COWS.
Fifty Per Cent. Move Milk Gained by
Shelter and Feeding During the
Winter.
A correspondent writing to the Mil
ledgeville Recorder, gives some whol
some advice to farmers in regard to
tiie treatment of their milch cows
during the winter season, and shows
very clearly the advantage to be gained
by the adoption of his suggestions, in
the following letter:
In warm weather and when the pas
turage is abundant aud good, but little
attention is necessary for milch cows ;
yei, even under these favorable circum
stances, it will be good policy to give
them a light feed night aud morning of
boiled peas, or bran of corn or wheat,
or meal, mixed with a little water into
which is thrown a tablespoonful of salt.
This will pay in the increased quantity
and superior quality of the milg. The
oreatn will bo iiober and the butter
firmer and more savory. In cold
weather, milch cows require more care
and attention ; aud the additional
trouble will be handsofneiy rewarded
in the Increase 11 nv or tho milk. Every
one, who has paid Uk> least attention
to this matter, knows how greatly the
quantity of milk is lessoned In cold
weather. A cow who will daily jield
two gallons of milk in the summer;
wiil not yield half that quantity in tbe
winter if left exposed to thecold winds.,
wandering about iu the exhausted
Hel ls to. feed upon inuutritious corn
and cotton stalks, and, especially, if
exposed iu open pens aud yards dur-
ing the nights.
If it may not be convenient to house
a number of cows, it would be well to
select two or three of the best milkers,
according to convenience, and give
them warm and well ventilated quar
ters, iu which they should be kern ut
nigbts, and eveu in the day time iu
very cold weather. It would be well
to turn them out for an hour to walk
about the yard, if tho suu shines with
any sensible degree of warmth, but
this should not be done if the cold is
excessive, for the chill will bo sure to
check the production of the milk.
Many persons of experience have
recommended boiled peas as the best
milk producing food for cows thus sit
uated, and I have no doubt that ror a
siugle article, it is the best. I had
much experience on this subject for I
kept eight or ten cows for two or three
years, for the express purpose of sell
ing the milk. They were under the
charge of an upright colored man and
his wife. All of them were sheltered
in a comfortable shed enclosed on all
sides, with the planks close for four
feet iu height, with openings of about
two or three inches between the rest
up to the eave*. These quarters had
a door which looked at night. Stalls
were made for the cows of sufficient
width and length. The cows soon
learned to go to their respective stalls.
I had a large boiler put up in brick
work, with an opening at one side for
the wood uud kindling material. The
cost of wood was light compared with \
what it would have been if the boiler!
had barely stood oil brick or rocks i
with all the sides open. The food con- 1
aisted of peas, wheat or corn bran, and j
sometimes meal, boiled together. Each
cow hud a tub made of barrels sawed
in the middle. The food was given to
them warm (but not hot) iu the morn,
ing and afternoon while milking. Most
of these cows were turned out every
day whether tho weather was moder
ately or very cold. Two or three
were kept up when very cold. All
were turned into their stalls at night
until the oponing spring weather ar
rived. Those turned out, got what
they could pick in the fields, but those,
kept up, were fed with a light allow
ance of boiled peas and bran, slops
fronj the kitchen; and such roots as I
had. The cows, kept up invariubly
yielded more milk than those which
ran at large during the day. All yield
ed during the winter an avarage of
fifty per cent more milk than they did
before I adopted the plan of housing.
I may add that all were supplied
with hay in their stulls. This consist
ed of crab grass, fooder, corn and pea
vines, which had been saved and stor
ed in the barns to which the sheds
were attached. Under no circum
stances will cows give as much milk in
the winter as in the warmer seasons,
but the decrease, I am sure, did not
amount to 20 per cent.
Our country friends will greatly pro
mote their Interests by adopting this
plan for at least a portion of their
milch cows. The increased quantity of
manure will nearly, if not .{.fite, pay
for the food and extra care.
When Christinas Comes ou Monday.
[From the London Times.)
Christmas day falls on Monday, this
year. It tell on a Monday also in
1805, and on that occasion the follow
ing was uneaitiled from, it was stated
the Harieian MSfcJ., No. 51,352, folio 153-4:
If Christmas day on Mondav he
A threat winter that year you’ll see,
And full ot' winds both loud and shrill:
But in the summer truth tu tell,
Hlirh winds shall there be, and stronir
Full of tempests lasting long;
While battles they shall multiply
And great plenty of beasts shall die. -
They that be born that day, I weon,
They shall be strong, each one. antUteen:
He shall be found that stealeth aujtt •
l hough thou be sick, thou diest not,
Tho year of 18GG was the year of the
Austro-Pruasiun war, a year of disas
trous gales, and a year of cattle plague
Again, in 1871, Christmas day fell on
Monday. The twelvemonth following
that day saw us with cattle plague in
the North and some great storms; but,
as to “battles, ’ we must go back a few
months in 1871 for the capitulation of
Paris and the conflict with tho Com
mune. We have now a Monday Christ
mas for the third time within a down
years,
BEN HILL.
TWO OPINIONS OP HIS LETTER.
loa Pay Your Money and Take Your
Choice.
INew York Herald.l
The manly letter or Hon. Benjamin
Hill, !n reply to political assailants in
his own party, will strengthen that con
fidence in his patriotism which his!
course during this session has done so ,
much to Inspire. It seems to be one 1
purpose of the bull-dozing political
fanatics to assail the reputation of
every public man whose influence is
exei ted on the side of moderation and
peace. Hence the reckless demagogues
flit the air with unfounded atcrk-o that
the Southern Democrats, whose bear
ing is so admirable in this crisis, are >
arranging to sell out the Democratic i
party to Hayes. Mr. Hill disdains to
take notice of every petty calumny,
but he shows with convincing dearness
that he has done nothing during the
session at which bis party can take any
just offence. In the three general cau
cuses which have been held by the
Democratic members, he has made
but one motion, and that was
unanimously adopted, after listening to
his speech, whose temper and spirit
every man present approved. There
have been frequent conferences of a
more limited number in which he has
made motions and suggestions, every
one of which has been adopted, and
seme of them with entire unanimity.
He denies that he has expressed dis
trust of Northern Democrats • denies
that he baa lost faith in Mr, Tilden’s
election ; denies that he has made, is
making, or is willing to make, a trade
or arrangement with Mr. Hayes. He
says that I'dlen had s Jibe votes, *,bat
Hayes bad some votes, and that it
would be better 1,0 have either of them
for President than tv U)iin who received
no votes at ail. He is in favor of a fair
and honest counting of the votes, and
when that is secured he means to abide i
by it, as he thinks every other man j
will, North and South, who is not wil- '
ling to destroy his couutry. All can- 1
did citizens will honor Mr. Hill for his i
upright and patrioticcourse.
(Washington p. C. Union.)
The letter or the Hon. I). H. HIJI
published in the Atlanta Daily <bn stl
tution of Sunday, in response to various
letters addressed by his constituents,
will be found elsewhere. Mr. Hill
using the following despondent lan
guage, will hear but a feeble echo: “In
the late eleotiou both Mr. Tilden and
Mr. Hayes reoeived some votes. Will
it not be better to have either for
President than have a ruler who re
oeived no votes ? u This last alterna
tive can only be reoogniaed by a people
who have forfeited honor, courage, aud
the love of freedom, on the altar of
usurpation. It does not enter into the
aaioutions of the average American,
and is not regarded as au element in
the problem. Either Mr. TUden or Mr.
Hayes, uuder any circumstances, will
be the next President; the former if
conscience, the latter if corruption
prevails. There are no serious grounds
for appretaendingw-vrivtt war; a country
seldom indulges in the luxury of one
on the heel of another. There may be
a revolution, but it will be a significant
l and more peaceful thau that of 1088. It
may not drive a tyrant from a throne,
but it will so embarrass the incumbent
of the Executive Chair as to make it a
seat of thorns Instead of roses, im
pressing upon the Presidential candi
date of the future the lesson that office
obtained by fraud is a grievous burden
to its possessor, and illustrating to po
litical parties the wisdom of Andrew
Jackson’s apothegm. “Whatever is
right is expedient.”
No Back Down in Tiltlen.
[Washington Special to tho Louisville
Courier-Journal. 1
There Is no back down or faltering
in Mr. Tilden. He has repeatedly de
clared in conversation with his friends
that, haying accepted the nomination
of President, and being elected, it
would be cowardly iu him to shrink
from the duties Imposed on him be- 1
cause of the conspiracy of certain poli
ticians. In his interview some days
ago with prominent Congressmen, ho
was equally emphatic in uiging firm
ness on the part of the Democrats, in '
and out of Congress, for maintaining
their rights. It may be stated here
that Mr, Tilden favors a more active ;
course in developing public opinion
than has been advised by some promt- 1
nent gentlemen who have been errone- i
oualy supposed to represent him in
this crisis.
There has been a good deal of con
sultation reoently among leading Dem
ocratic Congressmen in respect to the
course to be followed by the House of
Representatives In the case of the two
Houses disagreeing on the occasion of
counting the electoral voto. It is agreed
that the course to be taken will be gov
erned to some extent by that pursued
by the Senate. If the votes of the
Louisiana, Florida and South Carolina
Electors be thrown out, the House will
proceed to electa President, as required
by the Constitution. If, however, the
Senate assumes the power to count
those States for Hayes, and thereupon
declares him elected, the House of
Kepresentatives will most probably
adopt a resolution affirming that Til
den and Hendricks were duly eleoted
President and Vice-President of the
United States, The House will be firm.
Washington Special to the Cincinnati Com
mercial (Hayes organ).
Almost every day prominent Demo
crats from all sections of the country
go through Washington, en route to
New York, where they remain for a
day or two in consultation with, and
receiving instructions from Tilden. It
is frequently remarked that no man
ever held a party, or even an artny, in
such complete subjection to his own
will. No move of importance is made
here in Congress or outside of Wash
ington that has not first received Til
den's approval; and the cheerful alac
rity with which the Demooratio leaders
respond to hig slightest wish, combined
with the discipline of the party, makes
him a formidable, as he certainly is a
desperate gamester. His most cau
tious friends do not try to oouceal the
fact that ho professes to believe that
lie was elected President, and avows
his determination to be inaugurated.
THE HARVEY MILLS.
The Ship Still on Fire Mr. R? G.
Fleming Endeavoring to Save Her.
Pom Royal, S. C., December 29.— The
fire Is yet uncontrolled on board the
ship Harvey Mills. The ship Is along
side Port Royal dock. Btearn fire
engines and water boats are working
on her, A heavy gale is blowing from
the northwest. R. G. Fleming, Super
intendent of the Port Royal Railroad,
Is on the spot, with a foroe of citizens’
sailors and marines, assisting to save
the ship.
SIX DOLLARS A YEAR
SOUTH CAROLINA ABROAD.
•
HOW Ol'B ENGLISH COUSINS
VIEW THE MUDDLE IN
COLUMBIA.
Ruger’s Action Not Less Revolution
ary than that of Cromwell.
(London Telegraph, November 90.)
We doubt whether the present coa
j dition of South Carolina will not here
after be regarded as a greater “warn
ing to traitors” than the execution of
| even John C. Calhoun in 1832 world
have been. Certain it Is that, for i,he
1 *aat eleven years, life has been morte
unendurable aud fraught with greater
trials and difficulties in “the Game
cock State'than many other country
upon earth which speaks the Anglo-
Saxon tongue. “All sudden revolu
tions, says Aristotle, in a passage
which Mr. Lowe is fond of- quoting “are
dangerous to a State,” and it was hard
ly to be expected tbat the instantane
ous concession of the suffrage and full
rights of citizenship to the negro upon
the conclusion of the civil war should
fail to produco disturbing and mis
chievous effects in a sparsely settled
State which contained manymore blacks
than whites. It was the deliberate pur
pose of the victorious Northerners to
make “the cradle of secession” suffer
Tor the contumacy which precipitated
the most frightful civil war known to
history. Milton tells us that however
sweet revenge may be at the first, it
soon becomes bitter to the taste, iind
“back on itself tecoils.” No impartial
surveyor of American liistor}' can fail
to see that a graduated suffrage rest
ing at thf outset upon an educational
basis, however scauty, would have been
better for the negro, and safer for the
State, of which, tor weal or woe he is a
constituent unit, than the experiment
of which the latest outcome is that the
Republican section of the House of
Representatives at Columbia number
fifty-four negroes against five whites,
and that, notwithstanding the protest
of their Democratic colleagues, they
have proceeded to elect their Speaker
and proclaim themselves a Legislature
uuder the protection of Federal bayo
nets. It will be icmetubered by
thyse who have studied the able pn
pets published by Alexander Hamilton
iu the Federalist when the Constitution
of the United Btates was in process or
creation, that nothing was so much
deprecated by bim as the interference
of the Federal Government in State
elections. Nor must it be forgotten
tbat the votes recently cast in South
Carolina and other States decide not
only whether Hayes or Tilden is to be
President of the United States, but
also who are to be Governor and who
are not to be the State officials during
the coming quadrennim. The pres
ence of a general in command
of two thousand regulars of the
United States army and the support
accorded by him and his followers to the
Republican party in South Carolina are
no: only subversive of the constitution,
as framed by “the Fathers of the Re
public,” but are also not iesa revolu
tionary measures than the invasion of
the House of Commons by Cromwell,
when he uttered his memorable, “Take
that bauble hence!” It will be said
that, in time of storm aud peril, con
stitutional safeguards have to be sec
aside, as they were at the end of tbe
last ceutury in this country by Mr.
Pitt, when year after year he suspend
ed the habeas corpus set. But nearly
twelve years have elapsed since the
American civil war came to an end,
and during the whole of that time the
Federal army has been a partisan body,
and employed solely with a view to
keeping the Republican party in power.
Tbe condition of affairs in South
Carolina is iudeed so critical that wo
believe the impolitic intrusion of Fede
ral troops into the State is more likely
to provoke than to arrest the flow of
blood. Much to their credit, the influ
ential white citizens, who are almost
withont exception Democrats, have
been persistent in their entreaties to
their neighbors that they should offer
no resistance to the national troops.
LOUISIANA.
Kellogg’s Explanation—Eliza Pink
ston’s Character Defined.
New Oit leans,} December 29.—Kel
logg, replying to a protest against bar
ricading the State House, says as Gov
ernor he assumed the right to control
the approaches to the House of Repre
sentatives.
The Senate Committee devoted tho
entire day to hearing rebutting testi
mony in referenc to Eliza Pinkston
Some teu or twelve witnesses, white
and colored, testified to her notoriously
bad conduct, being charged with infan
ticide and leaving another ctiiid in a
feuce corner to die; also, that she had
been discharged Trom two plantations
because all tbe colored women refused
to stay unless she was sent away; that
she was a notorious prostitute and un
worthy of belief.
Chairman Howe said he had long
since come to the conclusion that
i nothing Eliza said was to be believed
merely beoauso she said so; there
fore, there was no use in attempting to
i strengthen that opinion by such evi-
I deuce. Mr. Salisbury thought those
! charged by her with participating in
! assaults should be allowed to coolt-h
--1 diet her. Mr. Howe said they might •
also, that Eliza was wounded ana’
Henry killed, were facts not affected
by her statement. Several wituesLa
testified to Alexander Brooks haS
threatened to kill Pinkston last Mav
for beating him and biting his finger
The Senate sub-Oommtttoe went to
the residence of Eliza Pi nkston at noon
to take her testimony, but found her
laboring under suoh intense nervous
excitement that the Idea was abandon
ed for the present. The people with
whom she lived said a person had call
ed there this morning and excited her
by telling her that tho people from
Ouachita wore ooming to testify numer
ous things against her in reference to
her children. Other proceedings of
oommutee developed nothing new.
Casualties.
Cleveland, December .29—The tl-,
Shore train, bound west, went th r ™h
the iron bridge at Ashtebula SJenf
five feet, into the river. Seven Slches*
tho baggage and express car are
ported burned. One firth Vor o r
seegers were killed U ° f the *•
• Chajub-hw, December 29 ti
British Bark I>ißix> ?>. . ~ Ti, °
Havre, while beZ ° r
evening, went ashore on
Breaker*. As the windier Hm
it is hoped she will nfr ? ®k° rc
log UdT The cereo is fiSaHf r , UQru
ootteu and 145 SEif J 25. bales oC
Folly insured in a French office?