The Augusta constitutionalist. (Augusta, Ga.) 1875-1877, December 30, 1876, Image 1

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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?