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VOL. 111.
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laiiGTriliAL COMMISSION.
Anuimriit on the AUmlNhlblliiy ol
Evidence.
Monday’s speeches.
Washington, February 5,1877.—The
anuouucemeut that Win. M. Evarts
and Charles O’Conor would make the
arguments to-day before the Electo
ral Commission seemed to impel
everybody in Washington toward the
eapitol, and long before the opening
time a surging muss besieged the
doors of the commission chamber,
seeking admission.
Judge Clifford; soon after eleven
o’clock, calked the Commission to
order.. >'
The Journal having been read, Mr.
Evarts began bis argument. He said :
Mr. President and Gentlemen of the
Commission: The order of the Com
mission in directing the attention
or the counsel lays out for their
consideration three topics : First,
whether, under the powers possessed
by the Commission, any evidence
can be received beyond that disclosed
in the three certificates from the
State of Florida, which were opened
by the president of the Senate m the
presence of the two housos of Con
gress, and which, under the recent
act of Congress, are transmitted to
this Commission; second, if any can
be received, what that evidence is;
and, thirdly, what evidence - other
than the certifleates, if any, Is now
before the Commission. I will dis
pose of the last question under the
order of the Commission first. It is
suggested that certain packages of
papers brought here by the messen
ger that brought the certificates and
objections aie already evidence in
the possession of the Commission.
What these packages contain, what
degree of auteuticity or what scope
of efficacy is to be given them as par
ticular matters of evidence and par
ticular forms of proof, are unknown
to us and unknown to the Commis
sion. The proposition upon which
it is claimed that this evidence,
whatever it may be, is subject un
doubtedly to the discussion and re
duction by the Commission, is
not pertinerft and not important,
which is mentioned in one or the
objections interp'osed against the
lirst certificate as matter on which
the objection was founded, instead of
being a warrant, as it were, to the
objection on which he objects. He—
the objector—thereby makes it a part
of the evidence before the Commis
sion. If there were no objection, tbe
case said to be provided for the exer
cise of authority is not pro
duced. If objection is made, however
inartificial or imperfect, the case has
arisen, but that the objection nar
rows and limits and provides the
issue, and the law upon which your
jurisdiction attaches is a pure lubri
cation out of utterly unsubstantial
and immaterial suggestions iu the
law. The other question as to
whether the evidence in possession
of either house or both houses of
Cpngcess iu the shape of committee
nlpotts or conclusions of either of
these great bodies iu any form is
transmissible, and may be proposed
to Commission and may be ac
cepted and received by it after
it is unfolded, after it is uii
br Pasted, after the claim is
acrutiti Wed and opposed, is a
question that is but a subordi
nate part of the main question wheth
er any evidence beyond tbe certifi
cates can be received. I wish to pre
clude at the outset anything to im
press, or to convey for a moment the
impression, that tnere has been ever
id the past, by some astuteness and
some diligence, the question what
you receive and what you reject. I
find myself, then, unimpeded in the
inquiry as open to you anil me, as to
whetherauy evidencoe can be receiv
ed, and if auy, jvhai beyond the cer
tificates opeued by the President of
the Senate.”
Mr. Evarts here reviewed the prop
ositions submitted .Saturday by Mr.
O’Conor, and continued:
"Now it is proposed, therefore, as
matter extraueous that it is desired
to introduce, and that is claimed is
open to your consideration, not that
the certificate of Gov. Stearns’ falsi
fies the fact he has to certify to;
not the record that makes the
basis of the fact which he is to
certify to, but that the record
at the time in which by faw he was to
base his certificate, departing from
which his certificate would be false,
is itself to be penetrated or surmount
ed by extraneous proof, showing that
by matter of substance in the pro
gress of the election, errors or frauds
were made. That is to say, that
somewhere in the steps between the
deposit of the ballot in the boxes at
the precincts, and the original com-
Eutation of the contents of those
oxes there and the transmission to
the corrective canvass in the county
of the precinct thus canvassed, at
their own ballot boxes, or between
the return of the county canvass to
the State canvasser, or in the action
of the State canvassers in the final
computation of the aggregates to as
certain plurality of votes as far as
one or the other candidate, and so
declare and so make record of, and
so fix the basis of government,
whether that act was right or wrong
on their part, fraudulent or errone
ous in law or in fact. That some
where in the process bf the election
itself, from stage to stage, on the
very matter of right, and question
of rightful title or title dejure, there
has occurred a matter of judicial con
sideration, for I need say that how
ever simple and however legitimate
the step to be taken beyond the re
cord, of tbe State canvass, to serve
the needs and to accomplish justice,
as proposed by the learned counsel
for the objectors against the Hayes
certificates, the principle upon which
it is offered, if tho occasion required
if, if justice required it, if the powers
of this Commission tolerated it,
wOuld carry it to whatever point this
correction or this evisceration of the
final eanvass is to be attempted. -I
am at once, therefore, relieved from
any discussion so practical in this
case, except so far as illustration of
argument may make it useful, pro or
con. of any consideration. I say that
whether a Governor’s certificate
could be attacked as itself being not
a liovernor’scertiilcatobuta forgery,
that is not going behind a Governor’s
| certificate; that is coming in front of
a Governor’s certificate and breaking
it down as no Governor’s certificate;
[ that the certificate of Gov. Stearns
j was in accordance with the act of
11792 and was not questioned, nor
! was it proposed on tho other
I side to show that the facts as certified
[did not exist by any intrinsio evi
dence. It was further proposed to
I introduce evidence to show that
[ Humphreys was a United States offi
cer. This was a matter of surprise,
jforitwusa matter of discussion at
the meeting of the canvassing board
of Florida.”
He read the testimony of Humph
reys that he had resigned ten days
before tbe election, and that bis res
ignation had been accepted, and the
duties of the office disenarged by the
collector of Pensacola.
He continued : There is a eonsider
ation in this case whether tho houses
of Congress, in tiie matter of tue
count, or tho President of the Senate,
if he have authority at the time of
their meeting for the constitutional
duty of opening and counting the
votes, has any powers accorded by
law for any intervention of methods
of proof; whatever be thought on
the question of whether this subject
of disqualifications of this nature was
proper for the scrutiny of tho votes
to be counted, and however proper it
might have been for tbe acts of Con
gress to provide for the production
of proof iu that transaction, and for
the manner iu which it might be
adduced mid considered. There is
no act of Congress on the subject,and
our proposition is that at that stage
of transition of tiie election, Con
gress, the two houses and the Presi
dent of the Senate cannot entertain
that subject ot proof; that the process
must go on of eoutrting, and that if a
disqualified elector has passed the
observation of any sentinel or guards
that mav have been provided by law
for excluding from actual eleccion or
lor annulling of an apparent right—
if this disqualification should he
made to appear that when these are
all over and past and the vote stands
on the presentation and authentica
tion on the Constitution which is tiie
certificate of the electors themselves,
and on the act of Congress, it must
stand unchangeable and unimpeach
able there.
This tribunal cannot receive evi
dence in addition to t lie certificates
of the nature of that which is offered
-that is, evidence that goes beyond
the State’s records of its election,
which has been certified by the Gov
ernor as resulting iu the appointment
of this proposition, and on which
sufficiently it rests. It is, that there
is a judical inquiry into ttie very
matter of right of the title to office,
for it accepts as its function the
prevalence of the former,the certified
and the recorded title of electors.and
it is proposed then to inquire, as
interpartes and matter of light,
which of two competitors are really
elected on an honest and searching
investigation. It undertakes tin
office that is judicial, and powers for
its exercise are attempted to be in
voked in favor of those who support
tiiat view by the necessity of the
exercise of imputed power requiring
adequate means. What are ade
quate means? Adequate meaus
for that investigation in that nature
of right and inquiry are plenary
means. There are no means judicial
that are adequate for that luquiry
that are not plenary, and no plenary
judicial powers can be communi
cated under the constitution by
Congress, to say nothing of
minor powers that are judicial
in their nature, except to tribunals
that are court tribunals, that are in
ferior to the Supreme Court, that are
filled by Judges appointed by the
Tresident of the United States and
confirmed bv the Senate. Will any
lawyer, expert or inexpert,, mention
a topic or a method of judicature ot
jurisprudence that involves posses
sion of larger means of reach aud
more complete control of powers and
methods than the trial of a quo war
ranto for an office that is to search
an election? But not only is it be
yond the power of Congress to trans
fer the powers of this law to this
Commission, the powers of a court
of this plenary reach and efficacy;
but, on top of a quo warranto, to try
the title of an office, would find a
subject in regard to which the Con
stitution had interposed an uusui
rnouutable barrier to the constitu
tion of a court like this. The quo
warranto is a matter and an action of
common la tv. It involves as matter
of right the introduction of a jury
into its methods. No ease of con
tested election was ever tried under
the sense of the States use of a
proper tribunal without a jury, but
the provision here is that in every
action of a certain amount of dignity
the right of being tried by jury shall
exist and the verdict shall never be
examined except by the rules of com
mon law; nor can it be said that
ir the judicial power here and the
judicial power originating under
congressional authority to make
courts, is the sourceof thisauthoriiy
claimed these are impediments
that cannot be surmounted. I find
in the act of 1877 no such purpose in
the arrangement with powers as to
make this a court under the Consti
tution. I find no appointment of
these judges to this Court under the
powers of the Constitution. I find
no means for writs or their enforce
ment, nor for methods of trial that
must belong to the discussion of a
quo warranto. Now I understand
that the proponent of this proof lays
out as the end the limits or your in
quiry and of your duties and powers
—that of a judicial investigation
upon a quo warranto. If you are
made superior to the canvassing board
to determine whether Gov. Stearns’
certificate, to the effect the Electors
were appointed, is valid, you are noth
ing but a returning board surmount
ing the final returnibg board to see
whether their returns justify that
certificate. At once you find that it
does; that the de facto title and pos
session is complete, and that nothing
but a jurisdiction that consists of a
de facto title and possession can be
gin. or can find the case for begin
ning. The consideration of the ques
tion of right of this quo vjarranto suit
COLUMBUS. GA„ THURSDAY MORNING, FEBRUARY 8, 1877.
if it becomes a subject of evidence is
a matter of evidence that declares ab
solutely on the position of thoTilden
Eleotots that the Hayes Electors are
iu possession of the" faculty, the of
fice or what-not it may be, and are
exercising it. They ask that an in
quiry may then proceed in duo
course of law, brtuging them in only
by process ou the 18th of December,
long after their vote, to inquire
whether that possession and exercise
as n matter of right between them
and Hayes Electors is or is not accor
ding to law and truth.
We have the Governor’s certificate,
and lie is the very man that passed
for the State on that question, which
furnishes the right to meet and act,
and declares that this is .the list of
men that were appointed. These
certificate's under the State law form
no part of the return to the President
of the Senate; but when the same
Governor executes under Federal law'
the same duty under tho same evi
dence, we have the certificate with
out the production of an antecedent
one. Now, w'hat are w’c to gather in
respect to the stage of this transac
tion at, which tho deposit is made of
the Federal vote for President,, by
the qualified Eleotors ? It is their
own vote; they are not delegates to
make the vote according to the in
structions of their State; they are
not deputized to perform tho will of
anybody; they are voters who exer
cise free choice tfnd authority to vote
or refrain from voting, of course,
neglecting a duty, and to vote for
whom they please, and from the mo
ment their vote is sealed and sent
forward to the seat of government,
no power in the State can touch
it, arrest, or reverse it, uouupt
it, or retract it. Nothing is to he
done except to count it, and count
it as it was deposited. These Elec
tors at the present election, 369 citi
zens in number, have by tbe Consti
tution made for them qualifications
dependent upon the action of the
State. If the State does not act,
whatever is the “be all” and the
“end all’’ of the State’s action up to
the time that the vote is cast, is the
“be all” aud the “end all” of the
qualified elector, depositing his vote
to accomplish a purpose, and that
►vote is to be counted when the votes
are collected. Now it is an absolute
fact unknown in the States, unknown
in fact, that judicial inquiries can be
interposed to stop political action
that leads to filling a magistracy.
The interest, of a State is that it shall
be filled. The filling of it is an ex
ercise of political right, the dis
charge of a political duty. You do
not, step with a judicial investigation
into a I) Hot box upon the suggestion
that it has been stuffed, aud stop thy
election until that quo warranto is
finished, and then when you get to
the first canvasser stop hfts count j
from going on because it is a false j
count, and have the court decide;
and so with the county canvassers,
stop their transaction in ra- I
pid progress to the result aimed i
at—to-wit, the filling of an office
with quo warranto there aud then, in
the Hi ate canvass. And then here it
is an absolute novelty. The novelty
of tint situation produces strange re
sults. Never before has t here been
a retardation of ttie political transac
tion of counting in an election, and
to accomplish that, almost a miracle
lias been needed, for Sun and moon
have beeu made to stand still much
longer than they weru.fpr Joshua in
his conflict in Judea,- Anri you will
find that the attempt to bring judges
-Ido not now speak of judges in
official capacity that some portion of
this bench occupy iu the .Supremo
Court, but I mean judges in the na
ture of function and exercise—into
the working of this scheme of popu
lar sovereignty, in its political view,
will make it so intolerable as to de
fraud and defeat it by the nature of
that intervention—not the character
of the particular transaction of the
judges—till the government of the
judges will have superseded the sov
ereignty of the people, and there wi/l
be no cure, no resort, but, that which
the children of Israel had -to pray
for a king,
Charl o’Cmior.
Charles O’Conor followed Mr.
Evarts,
“Mr. President and gentlemen of
the Commission—ln reference to the
question what elements of inquiry
are witldn the reach of this Commis
sion, the counsel on ttie opposite
sides stand in direct conflict, aod the
issue formed between us is this: We
maintain, as representing what are
called the Tilden Electors, that this
tribunal has full authority to in
vestigate, by all judicial and legal
means, the very fact and thereby to
ascertain what was the vote of
Florida. Ou the other hand, it is
claimed that this learned Commis
sion is restricted merely to the de
termination of what may be the just
inference from the documents re
turned to the President, of the Senate
from Florida. mainly reposing them
selves, however, on the proposition
that they uie-otficio de facto— without
right, but only the color of it. Ttie
advocates of the Hayes Electors claim
that inasmuch as these individuals
cast their vote when possessed of
some document right to that office
and to the performance of that duty,
that they acted on the color and
did cast of their own motion, of their
own personal will, through their own
right of selection, votes which are
sent here as the votes of Florida,
completely precludes all inquiry,
and that it is impossible for any
earthly tribunal or any individual to
investigate into or determine the
validity of their claim. This issue,
thus, as I trust, not too narrowly
Stated, gives rise to the question,
what are the powers of this Commis
sion? Those powers are distinctly
and fully and briefly expressed in
this admirable document, the Elec
toral bill, destined to the immortal
honor of those concerned iri the
preparation, to pass into history
wiLh your act. They are expressed
in lines seventy-eight and seventy
nine of the House bill: “The same
powers, if any, now possessed for
that purpose by the houses acting |
separately or together.” This is the j
test of all the powers of those two
houses which oould possibly exist
under the law as fixed in the Consti
tution and in the pre-existing stat- 1
utes, for the purpose of your deter
mination, and this brings us to the
question what powers are possessed
by the two houses, separately or to
gether. in dealing with the whole of
this question touching the election
as it arises on facts which exist or
which may exist and maybe proven.
Mr. O'Conor declared that no pow
er of any description, deserving the
name of power, to investigate and
decide resides in the President of the
Senate, and it is most manifest he
has none but the merest clerical pow
ers, nor any ability to do anything
except to open tho packets, llut
when we come lo the prescription
that there shall boa count, wo are
not told that there shall be a count
of all the certificates, or of tho certi
ficates, or anything in the certifi
cates, but there shall be a count of
the votes. This I humbly submit,
introduces an implication that some
how or bv somebody from lids mass
produced and physically laid before
tiie houses, there will beany investi
gation which tiie nature of the case
may seem to require, in order to de
termine what are the votes. There is
a preliminary inquiry, and whether
you denominate it judicial or minis
terial or executive, it is to be an in
quiry, and the power to institute or
carry on tho inquiry is neither gran
ted in terms nor provided with any
possible means of exercise so far as
the President of tho Senate is con
cerned, and is left to tho implication
that it is to bo exercised by those who
may have occasion to act officially ou
the result . Now, who are they who are
to act officially by the terms of the
Constitution and in the jierformance
of the dutyi on the count of these
votes? The constitution is plain; tho
votes—meaning, of course, the legal
votes, nre to be counted. The count
is tho merest of idle, ministerial cer
emonies in itself, but tho ascertain
ment of what the votes there pre
sented as claimants to the power of
being recognized in the selection of
President and Vice President, neces
sarily devolves ou that body or func
tionary which is obliged to act upon
that which is produced as tile result
by the count. Now, unquestionably
the first and primary duty of each of
the houses, ii there "is apluiu count,
showing tho election of one person
to the Presidency and of another per
son to the Vice Presidency, is to rec
ognize that co-ordinate department
of the government, the Executive.
All the world may couqj-no mortal
man can doubt about the count—but
the world is not called ,on to act iu
relation to the count until that count
lias beou recognized by somebody,
and officially recognized; and it is
the duty of the House of Represent
atives at that point of time to deter
mine whether an exigency has arisen
which renders it its duty to recognize
that a person is President by force of
a majority of tiie legal votes, or
whether there has been a failure to
elect bv reason of a tie—and in that
event it occurs that the House of
Representatives is bound at ouea to
act and to elect a President
itself. The same observation ap
plies to the Senate in refer
ence to the Vico Presidency, and on
that subject the Senate is called
upon in like manner to recognize the
fact of an election, to allow it, admit
it and accept it as a fact, or to deny
it and say that it is not so. and then
itself proceed to elect a Vice Presi
dent. I attach no importance to tiie
wold “count,” but I attach impor
tance from the very nature oT the
thing,.from tho laws inwrought into
the constitution of human beings and
jof human cv his, to the fact that
those who. 1... vc to act officially are
persons who n. ist do whatever may
be needed L i the purpose of en
abling tli -i, t i count ami act In one
direction o-...lOther as the case may
require. J ; conformity with that
count, fo ied upon their prelimina
ry.investigation so far as any inves
tigation may bo necessary, no man
or nobody is authorized to make or
to declare the count, unless if be
those two todies respectively. Now.
it is to be noticed that each of these
bodies have complete power of inves
tigation, and adequate power to take
proofs through committees or other
wise on any matter on which it may
be obliged to pass, either beforo or
after the opening of the electoral
votes. They can investigate, though
not with tiie formalities of a jury
nor under the precise forms of judi
cial proceeding, but they can in
vestigate, as political or legislative
bodies may, ail facts and circum
stances are necessary to be known in or
der to enlighten their judgment and to
guide them to a just and righteous decis
ion. Our constitution thus vests in these
two houses by necessary implication on
such a coating ency arising, as is here
presented, the power to do whatever may
lie needful for the accomplishment of
justice. What is the objection to that
construction ? The whole argument
against it resolves itself simply into the
common every day argument of the in
convenient, the argumentum ad incon
renientuvm. Those who would seek to
grasp and hold office by illegal, irregular
unlawful, fraudulent means, claim that it
would be inconvenient to take so much
trouble as might be necessary in order to
investigate and rightly determine on
proofs the question of their delinquency
and the falsity of their claims. The ob
jection you perceive, applies as much to
ordinary writs of quo warranto in re
gard to ordinary officers as it does to this
inquiry, if it should take place before
Congress; for no court or set of courts
could ever conduct within the compass ot
any human lifetime Die investigation
which might be necessary in determining
the claim of a single officer ; therefore,
this argumentum ad inconvenient mm
is as fatal to the general procedure of
courts of justice in action of quo war
rantor it is totlie proceeding here suggest
ed. Now, in regard to the legal question
presented as to what power each house of
Congress had under the existing laws,
and what powers, consequently, this com
mission can exercise, we say, as did the
learned manager lor the House in open
ing this cas4 there is no legal technical
barrier to it, but that you exercise the su
preme high power of the Government
that has always been exercised in such
questions, even >n the courts of the com
mon law to which application is made to
obtain a writ of quo warranto. You
exercise the sairte discretion, and you can
limit tiie inquiry when a point arises
within those limits that are prescribed by
necessity and convenience. This is out
view stated as fully as it is in our power
to stale it in the brief time I am permit
ted to occupy the attention of your hon
ors. We say that there is no limit to the
power of investigation for the purpose of
reaching the ends of justice, except such
as due regard for public convenience, and
the ends of public justice and of society
at large may impose in the exercise of
that discretionary authority. We are
told that here we stand, in the second
century of this Republic, in such a con
dition that there is no possible remedy
against the .most palpable frauds and for
gery that can be perpetrated or against
any outrageous acts in violation of the
rights of the people oi the respective
States and of the whole Union.
We are told there is no remedy ; that
Congress must sit by blindly and silently
and permit an alien to be counted into
office as President of the. United States;
must sit by and permit a set of votes,
plainly and palpably fraudulent, given by
individuals not only disqualified for want
of having been chosod by citizens, but
being themselves absolutely disqualified
by the Constitution from acting iu office
or from casting the vote to be counted,
and must permit tho usurpation contem
plated to take place, merely because our
wise fathers (one would think thut tiie
compliment was intended as a sarcasm)
had so chosen to constitute the govern
ment which they created, that injustice,
however flagitious, might be perpetrated
in open day without the possibility ot
having any remedy or even uttering de
corously a complaint. Tlus we humbly
submit cannot be. The Constitution and
the law of reason forbids it. Ail acts,
however solemn, however sacred, from
whatever quarter coming, by whatever
body perpetrated, are liable to review in
some manner in some judicial or other
tribunal, so that fraud and falsehood may
shrink abashed and defeated and may fail
in the attempt to trample on right. It
seems to be virtually conceded here that
a Governor’s certificate is not conclusive.
I have not time to say much about that.
It is not required by the Constitution ; it
is only required by an act of Congress.
The Govcnor cannot be compelled to
give it. [Many circumstances may pre
vent his giving it, and he may have given
it under circumstances of plainly flagi
tious falsehood, without any
witliout any proceeding had to sanction
it. He mav have given his certificate to
his lour little boys and constituted
them an Electoral,College, and the vote
which they gave pursuant to his bid
ding, and by force of his certificate, would
become absolutely conclusive and bind
ing on all authorities of tnc United States
wiio had any power to act in the premi
ses.
I have hardly an opportunity of saying
a word in regard to that which is the main
reliance of tiie other side, and that is tiie
doctrine of an officer de facto. Whether
we repose on a quo warranto under your
honor's allowance, or repose ou proof
which may be here offered, admitted and
passed upon by your honors for the pur
pose of showing the utter invalidity of
those gentlemen’s claim to the office of
Elector, or in whatever shape this matter
is presented or carried forward, the act of
these officers de facto fails to have readi
ed a point where it cun have or take any
(■fleet, or can deceive or mislead anybody.
Tiie Tilden Electors, who, although they
lmd no documentary evidence to establish
their title, had actually been elected, if
our evidence is to be believed, convened
in Electoral College, performed their cer
monies,which the Constitution and laws of
the United States enjoined on them, and
which it was possible to perform, tailing
only in this, that they did not obtaiu tiie
certificate of tiie Governor that they eon
stituted the College. The acted and they
sent forward their votes. Thus you have
two rival bodies, acting to be sure at the
right place prescribed by the laws hear
ing on the subject—two rival bodies, one of
which was composed of persons rightful
ly and duly elected, and tiie other of
which was composed of persons who had
no right, Imt only mere color or pretence
of right, who were usurpers, as has been
ascertained in one form and will he as
certained in any other that may he satis
factory to you,if you will permit us to
present evidence. Now this is the actual
condition of this case. The Constitution
prescribes no form save such as lias been
complied with by the Tilden Electors.
The laws of Congress prescribe no forms
which were not complied with by by the
Tilden Electors, save and except only
that they could not obtain tiie Governor’s
certificate, and it is pretty much conceded
I think, that the Governor’s certificate
is not absolutely isdispensable and may
be gaiusajd ft'nd contradicted, eVen if it
had been given and was false, so that in
this case of rivalry betwen these sets of
electors, it, appears fo me that we present
tiie best legal title.' That we have the
moral right is the common sentiment of
all mankind, and it will be the judgement
of posterity. As to what is actually here,
the course of my argument has tended to
establish, and, if it lias any value, has
established, that each bouse of Congress
bad jurisdiction or the matter, each of
them at least of one section of it, and,
therefore, that, all evidence which, accor
ding to tiie customs and usages of legis
■ laiive bodies, either house has taken and
has on its files, and will consent to send
in here and has sent in here, is already in
evidence in tbe case so far as to be here
to be read, if it comes within the range of
subjects and ot matters of fact which your
honors allow us to investigate.
After some citation of law points by
counsel on both sides, the presiding Jus
tice announced that the Commission
would now, at half past 2 o’clock, take a
recess for tiiree quarters of an hour, aDd
that no other matters would be taken up
to-day in public session.
telegraphic: summary.
New York.— Col. John O’Mahoney,
Fenian leader, died here last
night.
St. Louis. Fred Vouphul, Silas
Bent and GeYard Ballen, members
appointed receivers of tho Mutual
Life Insurance Cos.
Indianapolis— Richard T. Taylor,
cashier of the National bank, Frank
lin, is short one hundred thousand.
Taylor has absconded, and the bank
suspended.
San Francisco— The Apaches killed
ten whites in Senitpria Valley, south
eastern Ansonia, on the 4th|.inst.
The Gov. applies for authority to
use volunteers.
London— A despatch from Bombay
says the Cotton crop of the Presiden
cy has been severely damaged by
excessive rains.
Washington —Wagner, the revenue
agent, telegraphs from Greensboro,
N. C., that Deiiuty Marshal Robert
son, of South Carolina, reports two
killed and several wounded by illicit
distillers, raided on by him without
troops. Wagner is hurrying to pro
vide Maj. Stewart with horses to stop
the resistance.
WEATHER IMIICATIU\!I.
Was Department, )
Office of Chief Signal Officer, >
Washington, Feb. 7, 1877. )
For South Atlantic States, north
east, falling to northwest winds,
possibly followed by rising ba
rometer, cooler; cloudy and rainy
weather will prevail.
MP* >
Onion Sets, White and Red; For Sale by
jais 3t J.J. Mason.
CONGRESSIONAL.
SENATE.
Washington, Fob. 7.— Tho Senuto
has up the House bill, reported ad
versely by the Committee on Appro
priations yesterday, to pay Capt.
James B. Fades for the construction
of jetties at the mouth of tho Missis
sippi river.
The bill allowing the commission
ers of the Freedmens’ Hank to buy
in property and sell property at pri
vate sales. Passed.
HOUSE.
Dabuey M. Seales relieved of polit
ical disabilities.
Tho deficiency bill was considered
without action.
Mr, Wright, from the Committee
on Claims, reported adversely on the
till to re-open, state and settle the
claims of several States against the
United States and under the provis
ions of the captured and abandoned
property act, both of which were
indefinitely postponed.
Tho railroad sinking fund bill was
discussed to adjournment.
WASHINGTON NEWS.
KENNER ADMITS THE CASTING OUT OF
10,000 TILDEN VOTES.
Another “Know Nothing Wlliii-m."
WELLS SICK.
Washington, Feb. 7.—The Privi
leges and Powers Committee heard
W. P. Muse, Kansas Elector, who
lms been in Kansas since 1870, but
his family lives in Zanesville, Ohio.
He pays taxes in both Stats.
Jacob Denherder, Michiean Elec
tor, exhibited li is naturalization
papers.
Kenner of the Louisiana Returning
Board, testified. Tho < hulk of his
ovideuco was that the hoard felt in
timidated, but this did not affect the
action of the board. Ho voted to
throw out more than lu.uuo Tilden
votes. Some voters were kept from
the polls by intimidation, others
killed, others made to vote against
their wishes. He thinks one thou
sand votes were oast for Tilden
ugaiust the will of the voters.
Hawe’s jLouisiana Committee re
port that Wards worth did not see
Littlefield make erasures. M
The clerk was very busy. HtP
memory appears bad.
Green, colored clerk of the Return
ing Board and present assistant
Secretary of the Louisialana Senate,
was excused until to-morrow; Gov.
Wells being too sick to come to the
committee room to hear his evi
dence.
No Southern confirmations or nom
inations. The committees made no
progress in the Louisiana Returning
Board investigations. Tho clerks
appear to have merely copied and
compiled such returns as reached
them from the office of the board
where its private sessions were held.
Senator Gordon, who has been
suffering from severe indisposition
several days past, was In advocacy of
the bill recently introduced by him
to create a sinking fund for the liqui
dation of indebtedness due the Gov
ernment by the Pacific Railroads. On
account of his physical condition ho
was unable to treat the subjeot as
fully as he desired. After leaving
the Senate he had a severe chill, aDd
is again confined to his bed to
night, but his physician hopes to
have him out in a day or two.
Tho impression seems to have been
created in some quarters that the
bill now before the Senate is con
nected with the Texas Pacific bill
now pending beforo the House of
Representatives; suoh is not the case.
The bill before the Senate has refer
ence solely to indebtedness due from
the Pacific Railroad already com
pleted ; that offered by General Gor
don being a substitute for the bill re
ported by the Judiciary Committee.
THE EASTERN QUESTION.
REPORTED ADVANCE OF THE RUS
MANN.
THE LONDON TIMES ON RUSSIA’S CIR
CULAR.
London, Feb. 7.-The Paris corres
pondent of tho Standard telegraphs
he is informed the Russian army has
received orders to advance, and will
cross the Pruth within a few days.
The man-of-war Bittern has been
ordered to remain at Constantinople.
The Times, in a leading article,
commenting upon the full text of the
Russian circular, says: There is no
suggestion of anything which can
properly be called a threat. The cir
cular does not seem tq seek a
pretext for backing out. Its ob
ject seems rather to ascer
tain hpw far Europe would
continue to co-operate with
the Czar, he not being bound by any
special course, but prepared to mod
ify the plans of aotion he might fa
vor, if he cduld thereby prolong Eu
ropean conceit, without neglecting
the purpose for which that con
cert was constituted ; but under
no circumstances could this purpose
be laid aside. The circular is a con-
tlnuatlon of General TgnatielT’s pol
icy during the conference—that Rus
sia shall not be placed In the wrong.
Wo for ourselves may declare we arc
satisfied with what has bee l done,
hut we can not blame Russia If she
proceeds to accomplish what we all
jolnod inldesiring.
The Times advises that Eugluud
should await the result of the
changes at Constantinople before re
plying to Russia, and if it bo tho in
auguration of a policy of deference
to European Counsels, it will cut
away tho ground from under the
Russian circular. England might
inquire what course Russia favored.
ELECTORAL
ITS DECISION IN THE FLORIOA CASE.
Will I!ecclvconly Mtirli hn the
l*rr*tlctir of the senate l.alil
Eft itore 11.
Washington, Dec. 7. It is under
stood the Committee, will vote at
3 o’eloex ou the question of tiie
scope of evidence.
Morton loft the Commissioners a
few minutes ago; he was carried
away iu his chair, which was in
waitiug at the door. Ho did not look
particularly cheerful.
Justice Clefford ate heartily and
was cheerful over his breakfast; a
favorable omen for Tilden.
It is confidently asserted that the
Commissioners will consider the
Congressional Committees sent such
as part, of its machinery, and accept
the evidence taken and reports made
by them as going to make up the
case.
The Commission took a vote at
about a quarter to 4 o’clock on a res
olution declaring that they would
lake no lul l her testimony upon Cer
tificate No. 1 (the Hayes and Wheeler
certificate.) The resolution was car
ried by a vote of 8 to 7—Judge Brad
ley throwing the deciding vote.
The Commission next vpted on a
resolution to take testimony in the
case of the alleged! iße-ligjblo Repub
lican Elector, it was
agreed to lake sueli testimony—the
vote being Bto 7. The three Judges
voting in favor ot the resolution were
Judges Clifford, Bradley aud Field.
Judges Strong and Miller voted
against it. The five Democratic
members ot the House and Senate
voted in favor of the last resolution,
and also in favor of going behind the
Peturns.
The Commission meets at eleven
o’clock to-morrow.
OFFICIAL.
On motion of Mr. Justice Miller,
ordered, that no evidence will be re
ceived or considered by the Commis
sion, which was not submitted to the
Joint Committee of the two houses
by tho President of the Senate with
the different certificates, except such
as relates to the eligibility of F. C.
Humphreys, one of the Electors—
yeas 8, nays 7.
On motion of Mr. Abbott, resolved,
that in the case of Florida, this Com
mission will receive the evidence re
lating to the eligibility of Fred C.
Humphreys, one of the persons
named in certificate number one as
Elector—yeas 8, nays 7.
The Secretary of the Commission
was instructed to inform the counsel
on the respective sides that at 11
o’clock to-morrow it will be pre
pared to hear argument on the ques
tion of the eligibility, of Frederic
Humphrey as an Elector.
Humphrey is one of tho Republi
can Electors, and the question raised
to his eligibility is that he was at the
date of his olection a United States
Shipping Commissioner, which is
alleged to be such an office of trust
or profit as to disqualify him from
acting as an Elector, but which
office, it is asserted by Republicans,
ho resigned befoye the election.
SOUTH CAROLINA.
XIIE SU'REAXE COVKT BECIAKES
THE CHAHBSBLAUI OOVEBX
WENT ILLESAI. AMI
BEVOLCTIOXAIIX.
New York, Feb. 7.—A Columbia, 8. C.,
dispatch says that Judge Carpenter has
tiled his decision in the caso of Win. H.
Wallace, the Speaker of the Democratic
House of Representatives, ot al., vs. Caro
lina National Bank, other State deposi
tories, and T. L. Oardozo, claiming to be
the Republican State Treasurer, asking
for an injunction restraining tho banks
from paying any money upon chocks
drawn by Cardozo as Treasurer.
Tho court decides first, that by law tho
Treasurer enters upon the duties of his
office when the incoming Governor is duly
and legally installed, and not till then;
second, that the Constitution of the State
and statutes require the presence of both
Houses tajpopen and publish the returns
for Governor, and for his install
ment; third, that tho Mackey House,
in which Chamberlain was inaugur
ated, was illegal and revolutionary;
that its acts are null and void
and that therefore no legal publication of
the returns had been made, no lawful in
stallation of Governor had taken place.
An order was accordingly Issued to-day
restraining State depositories from pay
ing any moneys upon checks of Cardozo,
and restraining that person from drawing
any checks as State Treasurer until a
final decree is issued.
i Homines
made to order at the New York Store.
f e b3 tf Gordon A Cargill.
NO. 33