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XTiromclf anU iJnUmtE WEDNESDAY - FEBRUARY 7, 1877. It is that stated that Governor Mc- Creary, of Kentucky, has recognized General Nicholas as the legal Governor of Louisiana by making a requisition upon him for the return of a fugitive criminal new in New Orleans. It looks as if another fight will be made in the Legislature against the law exempting cotton and woolen mills and iron furnaces from taxation. The ex emption is practically State aid, but it is a species of State aid which all think ing men heartily endorse. Messrs. Fish and Robison are the only two Cabinet officers who favor the Electoral bill. The others prefer that the votes should be counted by Ferry, and that should “turn over the reigns of Government” to Hayes with out any unnecessary delay. Money is cheap and plentiful in Con necticut, and a strong pressure is being brought to bear upon the Legislature of that State to reduce the rate of interest from seven to six per cent. Why not let people pay what they choose and abolish the usury law ? That would be the better plan. > JrDOE Mackey has promptly decided that General Hampton is the legal Gov ernor of South Carolina, and released from custody a prisoner whom the latter has pardoned. The case will be taken to the Supreme Court and a decision will be obtained on the question of the Governorship that will probably decidf all the points at issue between Hampton fiod Chamberlain. The Atlantic and Gulf Railroad seems to be in a bad way and a meeting of the local bondholders has been 111 Sa vannah. This is a company in*ch the State of Georgia is largely interested. It is a road which begins somewhere and ends nowhere. Until it seenresan outlet to the country West of the Chat tahoochee it will not be able to do more than pay running expenses. The memorial of the New York Cham ber of Commerce and fifteen hundred bankers and merchants of that city, ask ing for the repeal of all special taxes on national banks, was presented in the House on Saturday and referred to the Committee on Ways and Means. It is understood that the delegation appoint ed by the banks to represent their case at Washington will have a hearing at the next meeting of the committee. Mr. Walsh has introduced a bill fix ing the bond to be given by the Tax Collector of Richmond County at $75,- 000—860.000 to the State and $25,000 to the county. The Collector is not allow ed to retain more than $5,000 of tax money in his hands at a time under pen alty of removal, and its required to make monthly statements to the Comptroller- General aud County Judge, under the same penalty. _ __ Senator Saroeant is snspiciously sensitive and objects to the colored Dem ocrats of Barnwell using such terms of description as “corrupt carpet-baggers” and “infamous scallawags.” How else should the colored Carolinian charac terize the Chamberlain crew? Even “Honest John” admitted the justice of the phraseology and favored the read ing of the paper. However corrupt Senator Baroeant may be no one has ever dreamed of calling him either a .carpet-bagger or a scallawag. Several very touching obituaries of Mr Stephens have been written, some of which he has had the pleasure of reading. A Washington correspondent Fays: Alexander Stephens sat tip in his bed this afternoon with the bright, clear eye. of a con valescent, and listened while his clerk read a column and a half obituary of himself in a Baltimore paper. "Well," said the old man, an he rubbed hie emaciated chin with hia bony hand, and his eyes twinkled merrily as he spoke, "they have written worse than that about mo when I was living.’ Under the head of “Democrats Oath ©ring to Watch the Count,” the Cincin nati Gajcttc publishes a dispatch from Washington stating that “thieves and pickpockets ai e flocking into the city in the hope of doing a successful business among the crowds that will come to wit ness the count and the inaugural cere monies.” The Gazette betrays a spirit of jealousy unworthy the good Deacon Smith and his wicked partners. Repub lican thieves have had an eight year, harvest; now give the Democrats a chance. TnE cold and inclement weather of the past two months has been succeeded by a uiilduess of temperature almost as liltlo desired. Wo are having the ■weai* ier of early Spring in this latitude. Fires aJid closed windows are uncomfor ishln ami under the influence of the ■** tatiou is beginning to pul forth. If this weather continues two weeks longer much mischief will fce done by the “cold spell” that always - windß up the Winter's work. The grasshopper prospect appears to be rather more promising than pleas ant. The heavy fall of suow has done much to protect the eggs in the West and Northwest. The deposit of eggs is Teperted to be enormous in some locali ties. As many as fifty-two deposits in a space of four square inches have been found, and each cocoon contained not leas than thirty-eight eggs, at the lowest estimate aggregating 1,976 eggs for that small extent of ground. As the eggs are just below the surface, the ground may become loosened up as the snow thaws, and the subsequent freezes, if severe, may destroy the eggs. But it is difficult to destroy the grasshopper larvM, and au abnudaut crop of those torments need not be a surprise. The lawyers will not be ruled out af ter all, and ex-Senator Carpenter will assist in representing the Democratic case. Mr. Carpkstrr is a staunch Re publican but his politics have not pre vented him from taking a fee on the other side. Mr. Carpenter will be able to render valuable service in the Louisi ana matter. In 1873-73 he was one of the committee that investigated a simi lar case in that State aud he is perfectly familiar with the true inwardness of the Returning Board business. Prohirition promises to be made an issue in McDuffie as in other counties. The Representative from McDuffie has presented a petition to the Legislature, signed by three hundred citizens, asking the passage of a law prohibiting the sale of liquor in the county. It is not at all probable that the prayer of the petitioners will be granted. But the prohibition question in Georgia will grow in importance each year, a* it has done UDtil it finally becomes ibe leading issue in the politics of the ’Skate.' Several petitions, asking for the adoption of a constitutional amendment to secure women the right of suffrage, have recently been presented in Con gress. These petitions come from 22 States and the District of Colombia. Bat it is a significant fact that the pa pers are signed by only 4,652 women and 3,416 men, or a total number of 8,08. It certainly cannot be inferred from these figures that the sex which is expected to be most vitally interested in this reform, and without whose unanimity and persistency it can never be effected, shows much interest in the matter. If only about 8,000 persons out of about 40,000,000 care enough for •woman suffrage to petition Congress upon the subject, Miss Anthony will most likely be gathered to her fathers •without witnessing the political emacci - pat on of her sex. MR. HIM. 1> 1860. We published yesterday morniDg as a c insinuation of the “pen sketches” of Georgia Congressmen that have appear ed in the Ghr'-mclb and Sentinel an outline of the life and services of Hon. B. H. Hill, United Btates Senator elect. There is one portion of that sketch which calls for some notice at our hands. After dwelling upon the fact that twenty years ago Mr. Hill, like a great many o‘her wise and patriotic men, acted with the American or “Know-Nothing” party, which opposed the doctrines of the Roman Catholic religion and the exten sion of suffrage to foreigners until they had been in this country twenty-one years, the writer goes on to say that, “In 1860 Mr. Hill snppported the Bell and Everett, or American party, ticket”—leaving the impression, when the sentence is read in connection with the language preceding it, that the Bell and Everett ticket was a Know-Nothing ticket and the Bell and Everett cam paign a Know-Nothing campaign. This is a mistake. Know-Notbingiam fad nothing to do with that contest. The Bell and Everett party was known as the “Constitutional Union Party,” aDd its platform was the Constitution, the Union and the enforcement of the laws. The party made the broad declaration that it recognized “no political princi ples other than the Constitution “of the country, the Union of the “States and the enforcement of the “laws.” This was the party that Mr. Hit,l supported in 1860. LOUISIANA AND FLORIDA. Thanks to the lucky chance that pnt Mr. David Dudley Field in the House of Representatives the true inwardutss of the Returning Board operations in Louisiana is being rapidly exposed. That adroit lawyer has in some way be come possessed of evidence that is mak ing the conspirators writhe like thieves at the whipping post. The testimony of Littlefield and Maddox promises to lay bare the whole conspiracy by which the electoral vote of Louisiana was stolen from Tilden and Hendricks aud given to Hayes and Wheeler. Little field was one of the clerks of the Re turning Board and swears positively that he altered the returns of the election from Vernon parish so as to transpose 178 votes from the Democratic to the Republican side. This was down under instructions from Governor Wells, a member of the Returning Board, who told him how it could be done and 'why it should be done. Fortunately Little field preserved the original paper, which is in the possession of Mr. Field. It is also in evidence that Wells di rected Littlefield to study the hand writing of Thomas Franklin, with a view to forging hi < signature. It has been brought out, too, that some of the precious scamps in Louisiana were will ing to sell out the swindlers whom they were serving and give the electoral vote of the State t the party to which it rightfully belonged-provided they were well paid for their trouble. Odo of these honest men who, like the equally honest Rogue Riderhood, earned his bread by the sweat of his brow coolly made a memorandum of the proposed transac tion. The instrument is as methodical and business like as one of Mr. Wilk ins Miuawber’s notes of hand. The vote of the State was to be given to Mr. Tilden, for whom it was legally cast, for the moderate sum of onfe million of dollars. It was hinted that certain mem bers of the Returning Board will be come parties to the arrangement and must be protected. The money was to be paid in installments of two hundred aDd fifty thousand dollars each—the last payment to be made when certifi cates of election were given to the Til den electors. Tb® Democrats declined to purchase what was already their own and the properly was disposed of to Hayes. Mr. Field seems to have made himself master of all the facts connect ed with this bungling fraud and there ta good reason to believe that he will succeed In exposing the plot an 1 the plotters.* Even now tjiere is evidence of the guilt of the Returning Board suffi ciently strong to convince any impartial mind. The members of this Board act like thieves on the witness stand who are fearful of opening the doors of the penitentiary by their replies, rather than like men occupying a most respon sible public position and anxious that all their official acta should be thor oughly investigated and perfeetly under stood. They palter, they prevaricate, they resort to subterfuge, until driven to the wall they at last seek refuge in silence preferring to go to jail for a few months rather than tell the truth. Equally as plain a case of fraud is pre sented IB the declaration of the vote of Florida by the Canvassing or Returning Beard of that State. On that Board, as by a miracle, there happened to be ore honest man-ittorney.General Cocke. He was • witness to the villainy which was perpetrates, and which, though he was powerless to prevent, fee took the first occasion e expose. In Florida tip subtler processes of sooundrelism were ignored, and enough Tilden votes were simply “thrown out" to give State to the Republicans, The Supreme oo*rt was honest enough to order a re-oanvasfl according to the face of the returns, hot the order was not issued until a majori ty oi the Board had given certificates of election to the Hayes and Wheeler electors. The Board reconvened, made another canvass and declared the Demo cratic candidate for Governor elected, but again threw out enough vote# to give the State to Hates. The Supreme Court accepted this return and declined to take any further action in the matter. But since the inauguration of Governor Drew, and the meeting of the Demo cratic Legislature, anew phase has been assumed by the Florida case. One of the first acts of tbs Legislature was to pass a law creating anew Canvassing Board, composed of honest aud upright men, who were directed to re-eanvass the returns. This Board counted the vote of each county just as it came certified to the Secretary of State. They did not throw out a vote, they did not add a vote, they did not change or alter a vote. They •simply aggregated the returns as they found them. The result showed a clear majority of ninety-six'votes for the Til des aud Hendricks electors. Upon this return the Governor issued a certifi cate of election to the Democratic elec tor. These electors met, organized and ast the vote of the State for the Demo cratic candidates for President and Vice- President. The proceediugs, proper ly certified, aeoompanied the vote of Florida which has been deposited with the Preeideut of the Senate. Here the fraud was palpable, and here the expo sure has been complete. VTe don’t see how the Democrats can fail to win their case before the Grand Communion. The Republicans concede that Mr. TiLBWi baa one hundred and eighty-four electoral votes. He needs but one more to make him President, i It is generally believed that the Com | mission will not hemtate to go behind the face at the returns. When this is j done the proof will be overwhelming i that the eight eieotoxal rotes of Louis iana and the four electoral votes of Florida rightfaHy belong to the Demo cratic candidate and are but stolen property in the possession of a party i that knows them to be stolen. The evidence token and the investigations made by the Congressional Committees will fully establish the correctness of these propositions. The Com . ission is organised not to oonot the votes accord ing to the certificates, but to ascertain whether these certificates were rightful lv and legally issned. If this wo* be done impartially we have no fear of the result Mr. Tilden will be declared the legally elected President of the United States. . A Boetou Journalist announces that Mr. Boctwell has always been a "lion in the paih” on the Southern question." The New York World thinks the expreeeion would be very appropriate if the spelling of one of the words was slightly modifled.^^^. A VALUABLE WORK. We have received from the agent, Mr. T. K; Oglesby, the third volume of “Jornsoh’s New Illustrated Universal Cyclopedia. ” The worl has already achieved great and deserved popularity. When only two of the four volumes were ready for delivery, orders had been re ceived for more than fifteen thousand copies. It bids fair to be the most widely circulated book of reference that has ever been issned. There are many substantial reasons for its popularity. It ia perfectly reliable. The articles in it have been prepared from the most ac curate data attainable, and embrace every subject likely to be of interest to the student, the professional man or the general reader. The best talent has been employed in every department and hundreds of the ablest men in the country have contributed to its pages. Asa consequence the often absurd blunders that mar ot her cyclopaedias cannot be found in this. Each contributor is familar with his subject, and even the most trivial errors are rarely discovered. Especially is this the case in the department of biography, particularly of living men. A great many of these articles, together with papers on American history, are the work of Hon. Alex'NDEB H. Ste phens and afford, abundant ‘ evidence of his painstaking natnre, the thorough ness aDd judiciousness of his researches, as well as of bis genins. The work is handsomely illustrated and many diffi cult subjects are made plain by the use of engravings. The Cyclopmdia has been gotten up strictly on the multum inparvo style and the immense quali ty of information which it contains is arranged so compactly as to make it the most convenient reference work we have ever seeD. We regard it as an invalu able publication. It should find a place in every office and in every home, A CIRCUS IN COURT. We have not yet done with “Howes’ Great London Circus and Sanger’s Eng lish Menagerie.” The sheriff proceeded with the sale as advertised, and ele phants, tigers, lions, monkeys and ring ponies, golden chariot of Orpheus, tent and ticket wagon and all the para phernalia of a circus were disposed of tp the highest bidder. But when old Father Antio, the Law, once gets his hands on a man or a menagerie, it is exceedingly difficult to make him loosen his grip. First the holder of a mort gage made by Babnum, one of the pro prietors of Howes’ Great London Circus and Sanger’s English Menagerie, had it foreclosed here, and the property advertised for sale. Next Kelly, the other proprietor, of H. G. L. 0. and H. E. M. filed his petition in bankruptcy in the United States Court of New York, praying that him self and Babnum bo adjudged bank rupts. The Judge of that Court then issued an injunction restraining the sale, but the injunction was disregarded oh the ground that Georgia was not in the Judge’s District, and, therefore, he ■had no jurisdiction in the matter. The sale accordingly proceeded. But now the Metropolitan Bank of New York, whioh corporation holds a mortgage given by Kelley, applies to a Georgia Court for an injunction restraining the sheriff from paying over the prooeeds of the sale, and the purchaser from re moving the property. It also asks that if no adjudication in bankruptcy takes plaoe, the foreclosure may be set aside and anew sale be ordered. We publish the answer of Dookrill, the mortgagee, this morning. He denies that any illegal preference was shown him over other creditors and explains the natnre of the transactions between himself and Babnum which culminated in the foreclosure and sale. He de clares that the money loaned by him was to liquidate the indebtedness and pay tfie ordinary expenses of H. G. L. 0. and 8. E. M., and that it was un derstood when tlip mortgage was given that it was to be speedily foreclosed. He also charges that the mortgage given by Kelley to the Metropolitan National Bank was not to secure a partnership debt or money applied to the uses of the epnpern, but to secure funds loaned Kelley jnjiyidually. The next step, we presume, will be ar gument before Judge Gibson and then ah appeal to the Supreme Court. In the meantime the animals are wintering comfortably in a Southern climate and the children see the circus for nothing. It is indeed an ill wind that blows no body any good, and children and ani mals will thank the lawyers for the liti gation. THE FIFTH JUDGE. Opinions differ widely as to the fitness of the fifteenth member of the Grand GoaujMßsion for the posit* oo which he occupies. This difference is curiously illustrated by the remarks of the Phila delphia Times and the New York Sup. Both of these papers are independent in politics, and both of them supported the Democrat Ip candidate in the recent cam paign. The Tljnpt fayored the passage of the Electoral law because it Relieved it would insure the inauguration of Tilqun. Tb. e Sun opposed the Electo ral bill because 4 f*rpd that under it Hayes would become Freajdppt. The Times say* of Judge RRApLßy.the fifth Judge selected : " While h 18 known “ to be a decided Republican in oonv.o tion, he is trusted by both parties as “an Judge. His decisions ‘I bar# not been marked by any partisan “ leanings, #P.d lb fact that he 8 famil “ iar with the laws *u*4 gPBPral condi “ tion of both government and wpipt7 “ in Florida and Louisiana, where he “ sits as District Judge, is regarded by “ fair en of every political faitk as “ peculiarly fitting him for the respon “ sible duty which may bp imposed upon “ him. Indeed, he was preferred by the more conservative Southern men “to Judge Davis, and his decision “ against the constitutionality of the “ Enforcement aeft is pointed to as con “ clnsive evidence pf hia deyotpiu to law “ above all party interests. Here we have the picture of an hoßest and upright Judge—a Republican from conviction, it is true, but a man who ; can safely be trusted to free himself from partisan feeling and decide fairly and impartially, The Sun says oi the appointee: “Judge JJradlet is a “ thorough-going Republican, gpd his “appointment makes eight Bepubli m oajjs to seven Democrats in the Board. “ Some of hia antecedents are interest “ ing. Judge Bradley was appointed “ to the Supreme Court by president •• Grant for the well understood pur “ pose of reversing the previous deci “ sion of the Court against the consti “ tutionality of the Legal fender act. “ In that case he did what was eypectod h pf him ; but this neither redounded “ to hia glory nor to that of the Presi “ dent, who selected him for such a job. “ Another remarkable .act of this jurist “ was to hold Chambers to the city of “ Newark, pretending to hold them in “ Texas, where his judicial district is, “ This was done in order to accom “ pliah a dishonorable transfer of the “ Trans-Continental Railroad. For • tjjig a ct Judge Bradley should i‘ have been impeached. We should “ add hen* that, previous to his “ appointment to the bench ot the Su “preme Court, he had bgm f Railroad “ lawyer, employed by the Camden and f> and Amboy Company, yet no stranger “to Colonel Tow So:tt. His skill in drawing legislative bills, whose pro “ visions would bear coegtruction in “ two or more ways, waa highly esteem- ed by his employers. It ia also worthy “ of jreeoileotion that he was the first “ President of the Sew Jersey Mutual “ Life Inearasee Company, which has “ just gone ap in a disastrous explo “ sion. It is not surprising that the “ Republicans should think the chances of Hayes’ election very much improv “ed by the selection of Judge Brad “ ley. He is the man who is to make “ the President, and from his decision “ there appears to be no escape except by the nnited, concurrent, and almost “ impossible action of both Houses of “ Congress. Joe Bradley our Presi “ dent maker ! To this complexion we “ have come at last.” This is a very different account of the man andjequally as different an estimate of bis character. If the Times ia right, there could not have been a better selec tion. If the Sun is right, there could not have been a worse. Let ns hope that the Times is right, and that Brad ley is an upright Judge, and not an un scrupulous partisan. We shall soon know. HEATING CITIES BY STEAM. Some time since we mentioned the fact that Mr. Holly, np to a few months since the construction engineer of the Augusta Canal, waß the projector of a plan for furnishing whole cities and towns with heat, very much as they are now supplied with gas. A company has been formed under the name of the " Holly Steam Combination Company, Limited,” and an experiment is to be made with a section of the city of Lock port half a mile square. This is about the area that it is considered practica ble to heat by a single set of boilers. According to the estimates made, the first cost of all the works necessary for heating this district, including the boil ers, pipes, and all buildings and fix tures, will be little more than one-third of a single year’s cost of heating the same by the ordinary methods. After the works are established the expense of furnishing steam heat will be greatly less than that of warming in detail. It is considered entirely feasible to carry this plan out so as to furnish steam in large cities for heating all dwellings, stores, offices and public buildings, and also for power to operate machinery. It would be necessary to have a set of boil ers for each district half a mile square, located near its centre, with pipes lead ing out in four directions. The main pipes that leave the boilers would be four inches in diameter, and then, as the subdivision and distribution proceeds, they would diminish gradually to one inch in the service pipes. The iron mains would be laid under ground, cov ered with asbestos and 'enclosed in wooden pipes, and it is the opinion of Mr. Holly that tbe steam would be con veyed over the half mile area and tho roughly distributed for all purposes without losing its heat or power. MR. WALSH AND THE CONTENTION BILL. [Atlanta Constitution ] No better instance of the long training in legislative life could be afforded than was given by Mr. Walsh, of Richmond, in his ac tion on the Convention bill on Tuesday.— Through disagreements among the friends of the bill, and the opposition of its enemies, the bill, favored by a great majority of the people of Georgia, was in great danger of meeting defeat. The small Bquads of enemies that gathered about each amendment swelled in o an army that was nearly if not quite a majori ty of the House. Appreciating the danger of his pet measure, Mr. Walsh, by a parliamen tary stroke, at once, bold and masterly, cut the bill clear of all entangling attachment, and threw it before the House on its merits. His attempt on Monday to restore the bill from the meshes that were thrown arouDd it was un successful, but he persisted in his effortß, and on Tuesday succeeded in pushing the bill, with an amendment that is unimportant, through the House. The only amendment provides that the Constitution shall be sub mitted to the people for their ratification. That the Convention is a fixed fact, and that its benificent work is assured to the people of Georgia, is due more to the skill, nerve and ability of Mr. Walsh than to any other one cause. UNDER THE BROAD HEAL. Tlie Credentials of Hon. B. H. Hill as United Htates Senator from Georgia. The Atlanta Constitution, of yester day, says: Yesterday Mr. Grigsby, of the Executive Department, handsomely inscribed upon parchment the credem tials of Hon. B. H. Hill as United States Senator from Georgia. The document bears the broad seal of the State and will doubtless be long pre served ip tjie Hill family as a previous heirloom. Tbe doppment reads as fol lows : STATE OF GEORGIA. To the Honorable the President of the Senate of the United States—Greet ing : This is to certify that on the 26th day of January, 1877, the Hon. Benjamin H. Hill was, by a pil’d VOpe vote of the twe Houses of the General Assembly of Georgia, elected a Senator in the Con gress of the United States, for the term beginning with the fourth day of March, 1877, and endiDg with the third day of March, 1883, as appears by reference to the journal of said General Assembly. Given under my hand and the great seal of the State, at the Capitol, in Atlanta, the thirtieth day of January, in the year of our Lord one thousand eight hundred and seventy-seven, and of the Independence of the United States of America, the one hundred and first. Alfred H. Colquitt, Governor. By the Governor: N. C. Barnett, Sec retary of State. A RIGHTEOUS JUDGE. Judge Mackey Hetties the Vexed Question Promptly— And Releases a Prisoner Par doned by Governor Hampton—A New Phase of the Question. [.Special to the Journal of Commerce.] Cliester, January 31.—The habeas corpus ease of Amazi Rosborougb, a prisoner pardoned fjrop Chester jail by Governor Hampton, and whose release was refused by the sheriff of this coun ty on the ground that Hampton was not fhe legal Governor of the State, came up before Judge M ac key at this place to-day. The cape was elaborately and ably argued, aud Judge Mackey rendered a decision whioh was abundant ly fortified by legal citations. Its main points are about as follows: The leading issue beiDg whether publication of the returns by the Speaker of the House in the absence o l Senate was sufficient to toyest |he person receiving the high est number >d votes with office. The Court held that'sudh publication was sufficient, the language of the Consti tution being merely directory, and not to be considered as a condition prece dent to the installation of the person duly elected. That the House having given 01® Senate due notice of its in tended action, the contumacious disre gard of its duty by" th Senate cannot operate to defeat the will of the people. That to hold otherwise is to disregard the elective feature of the government, as such holding would confer upon one bianco oi U±Q General Assembly the power to 'stifle the yoiu<p fit the majority of the people. That if the must yield to the former in construing the Constitution, Chamberlain would never have been Governor of South Caro lina, as the Constitution expressly de clares that the Governors elected after its adoption in 1868, shall be installed on the day provided by the law, and no day hs yet been designated by law. The Judge holds, therefore, that Wade Hampton, having ranciyod the highest number of votes for the effer, pav ing been dnly installed, tbe pardon is sued by him must be obeyed, and the prisoner accordingly discharged. He that his writton opinion would be file# m Saturday. Notice of appeal was at once gjvep l if ts£ counsel for the sheriff. Waiting for on Eruption of Venurlu*. {Fiyr/i Vif Times.] Naples, January is smoking its pipe of peace, and threat ens no sadden explosion of rage. A white cloud is settled upon the summit of the mountain, with a trail wafted by the wind fyr over the campagna ooun try. fftoh yolo*no would be obliging enough to spit <to* Wto# }P? pent-up fire, it would hare the thanks, fmt, of the hotel proprietors of Naples. Jn deed, the innkeepers are nearly in despair with the fear they have that the season will be anito lost to them. The omnibases of tneir bonaes, in long pro i cession, go and come from tbs station near!* empty. For them three months is left in which a harvest may be gath ered in, and the shining sun aßd sea now invite yUitfra. bnt they do not oome. ‘ *' A Malignant Critic who 'Hates the BeojUilni. [From the Courier-Journal ] Any per so a over eighty years ot age whodiee in Philadelphia is published twice in Mr. Child's ledger. Philadel phia is about the only city ia the .United States where one can make a reputation by dying. It may be a little disagree able to have “His languishing head ia at rest," or '*Her languishing head is at rest,” applied to one after it has been used for five thousand other corpses, but fame has never yet overtaken the fastidious. GEORGIA STATESMEN. THE LIFE OF SENATOR ELECT HILL. Peu Hkelcfaea of the Georgia Delegation In Congress. [ For the Chromele and Sentinel.] Washington, D. C., January 26, 1877. —Procrastination is truly the thief of time. I had not intended when I set out to pen these sketches that so long an interval should have transpired be tween them, but the illness of Georgia’s great “Commoner,” and a consequent press of duties, has unavoidably caused the delay. But to my task. Hon. Beniamin H. Hill Occupies a seat in the outer row of seats to the right of the Speaker’s desk, and on the Democratic side of the House. His fine physical form, though somewhat rounded at the shoulders, giving an in clination to his large and well propor tioned head, indicating the student, while his keen blue eye and nervous temprement mark him at once as a man of great power aud vigor of intellect. Asa scholar, statesman and debater, Mr. Hill has few if any superiors in the House of Representatives. As an orator he is un surpassed. Mr. Hill was born in Jasper county, Georgia, in 1823, and is therefore in his fifty-fourth year. He received a prepa ratory education at the private schools then taught in his native county, and subsequently received a classical educa tion at the Georgia University, Athens, graduating with distinction at the head of his class in 1844, at the age of twenty one years. Choosing tbe profession of law, he read and was admitted to the bar in 1845, and at once entered upon its praotice with the promise of imme diate success, for his fame as au orator and debater while in college had pro ceeded him in his profession. His close application to business —the sure har binger of success to a young man—soon brought to his office clients, and with them that material *id whioh cheers and brightens the pathway of profession al life. He continued in the uninter rupted pursuit of his profession until 1851, when he was nominated and elect ed by the Whig party of his county to represent the county in the House of Representatives of Georgia. Iu this body Mr. Hill took an active part in all the debates, and in many contests with older and more experienced legislators he bore off the palm. At the close of this session he retired from the Legislature, engaging earnest ly in the pursuit of his profession until 1855, when he championed the cause of the “American” or “Know Nothing par ty” of that day, and became its leader in the State pf Georgia. In 1856, Mr. Hill was, if I mistake not, an elector at large for the State on the Fillmore aud Donelson Presidential ticket of that year, styling themselves the “American party,” the chief feature of their plat form being an opposition to what was called “Alien Suffrage,” and the “Cath olic religion.” Having espoused the“ Know Nothing” cause, he assayed to cross swords with Georgia’s great Commoner, Alex. H. Stephens, and these two great intellects, the one the advocate of the perfect right of religious and civil liberty under our Constitution and the laws made in pur suance thereof; tbe other for restricting these rights, privileges and blessings to twenty-one years probation, met upon the hustings to discuss their respective tenents, and sharp and fierce, though able, were their blows, and prolonged and loud were the oheerings of their re spective partisans as the keen thrusts of their logic, or the burning satire of their well-chosen repartees, fell upon the ears of their audiences. But in this contest, involving the discussion of great constitutional questions and tbe fundamental rights of citizenship, Mr. Stephens was an over-match for him. The “Know Nothing” party of that day was “routed and it was scouted” from Maine to Texas, and the banner of con stitutional liberty continued to “wave o’er the land of the free and the home of the brave,” in spite of the great abilities of Mr. Hill and others to engraft their theories upon the American body politic. Time passed, and the party lines in the South were fast melting away before the progress of the Northern sectional or Abolition party, which was making its inroads upon the constitutional rights of the Southern States in their peculiar institution of Afrioan slavery, of which the Democratic party, in main taining her time-honored doctrines of State Rights, became neoessarily the champion or defender of the rights of the States to regulate their own domes tic institutions in their own way. But there had not been, as yet, a full and complete fraternization of parties in the South, and in 1859 Mr. Hill was again elected to the State Legislature by his old Whig and Know Nothing allies. In 1860, when there were four Presi dential candidates in the field, Mr. Hill supported the Bell and Everett, or American party ticket. The Northern sectional or Republican party haviig succeeded in electing their candidates, Lincoln and Hamlin, the Atlantic slave States resolved to secede from the old Union as their only hope of maintaining their peculiar institution, and securing peace and prosperity to their section. Georgia had called her Convention to consider the grave questions presented, and Mr. Hill was chosen a delegate to that Convention. In this body he co operated with Hon. Alexander H. Ste phens in opposing secession as a remedy for the grivanees oomplained of. But like Mr. Stephens, when the Convention had resolved upon withdrawing from the Union, in spite of their efforts to prevent it, went with their State, for to it they confessed primary allegiance. The State having seceded, and the new Confed eracy formed, Mr. Hill was ohosen by the State Legislature as one of her Senators in the Confederate States Con gress. In this capacity Mr. Hill took a conspicuous part in sustaining the Con federate States Government iu a vigor ous prosecution of the war for the at tainment and maintenance of her inde pendence and the rights of local self government. The war at an end, the States in a process of reorganization and return to their foriner status in the old Union, Mr. Hill became more or less prominent in the discussions of the questions of reconstruction, both upop tbe hpstings and through the press. His series of papers pp tjie i:sitpatipp’ ! were able and exhaustive, as wefu also his speeches on the hustings. He opposeef the recon struction measures of the rump Con gress at Washington, pnd when party lima were drawn in the reorganisation of the sepefjefl Statps Mf. Hill found himself acting with the Democratic party. He so eontinued to act and was elected as a Democrat from the Ninth Congressional District of Georgia to the Forty-fourth Congress to fill a va cancy caused by the death of Hon. Garnett McMillan. It was during the early part of the first session of this Congress that Mr. Hill made his great speech iu reply to ex-Speaker Blaine's “tfopuy ghirt,” speech, made in the House a day or s twd before. In this great contest of reason the Republican party began to realize for the first time since the close of the late civil war that the South had a champion upon the floor of the House worthy of their steel ks well as equal to the emergencies. The was two edged, cut tbp gprqian fepot of their power, leaving their champion prostrated and bleeding upon the field. In this speech Mr. Hill, in order to meet tfie arguments of his opponent, and to refute the false position in which the RaflicUj party had placed the South during the war, ufterCd some extreme facte, wbi.ch" reflected 1 sorely’ qpPn the North in her treatment of Confederate prisoners in Northern prisons during the war. to which exceptions were takes by the Democracv of the country, and especially the Northern Democracy, as beiDg impolitic and ill-timed just upon the eve of a Presidential election. But of thu. speech and the circumstances that called it out, J wUf Jef Mr. S’P speak for Uimeelf. f quote frogj his speech made at Atlanta, G*-, on the 20th instant, in defense of his own po litical coarse. In one of the concluding paragraphs of his speech he said : “I dud’ express a desire to go to the Forty-fourth dongreos jyhea J found that the Democrats maionty in that body. I thought I might be of some use, and the p>ple were kind a!t ?* been there a short tjtae, I wyself in a very embarrassing sit^a ffdp. f found that those who Ojd tyteh t^ e f e be fore had taken the pas* l *# W|d deemed it wise cd prudent not to reply K uiKlto t)> Sooih™ assailed for barbanam, cru®** 7 SPY agery, by o*e of the most awsomplisfaed political cowbataute of We Radical j>*rtT a au of large influence, bpg ip serv&e, a leader of bis party, ■£-4fl tactician, a thorough HMeter of the rules, iTdwho’had tor six years. If ! had my own ease when this attack 1 would have sat there and let it pass un met. What was Ito do ? I tolt, fel low-citizen?, that it was better for me to be sacrificed lira msoly effort to repel false and malicious charge* agarpat my people than to sit there nnd^ uMtut£, them in silence. [Applause.l me—l challenge any man, I challenge every in, to “put his finger upon a Bur gle word of mY history where I haws shown a selfish puipoae in ny degree I have been in politics for twenty-two vears, and during only six of them have I held public office, counting my present position. During sixteen years I labor ed without office and. the best service I have done to Georgia was when I was doing it siDgle handed as an i' dividual.” His speech in reply to Mr. Blaine, though it may have lessened his influ ence'in the House as a leader, it never theless established his character and reputation as a debater, reassuring his constituency of their wisdom in the choice of their representative. He was again nominated by the Democracy of his District, and re-elected to the Forty fifth Congress without opposition. Mr. Hill, feeling satisfied, after the ex perience he had in the House, that it was not the arena in which his talents and inflence could be expended to ad vantage to himself and consituents or to that of the country, aspired to a seat in the United States Senate, and to this end entered the contest now pending before the Georgia Legislature to fill the vacancy to be created by the expira tion of Senator Norwood’s term. Mr. Hill has shown in the contest that he is held in no ordinary esteem and confi dence by a large minority at least of the Representatives of his native State. Though he may not succeed this time, his political future is still bright and prom ising. Let him not despair. He has only to be consistent to be successful. Before the foregoing lines were dry from under my pen the tidings came over the wires that Mr. Hill had been elected United States Senator from the State of Georgia for six years from the 4th of March next. I congratulate Mr. Hill, as I may now the State of Georgia upon her choioe. I have nothing to take back or to add to the “pen picture” which I have here given. Metropolitan. TIIK RURAL ROOSTER. He Stands Amazed In the Llcrkt of Events— . Scenes In the House During the Debate on the Electoral Bill —Congratulating >lr. Hill —Oeorgla’s Orator to the Front. ["Oath" in the Oraph'c ] Ben Hill took the floor at a few mjn utes past 1. He is a preacher-like man with a voice of silver purity, instantly going out to every crevice, and making a pleasant chanticleer expression. One hand, beginning, was behind his back, two fingers of the other hand on tne desk. His face is pale, with a short bunch of white beard over the breadth of the chin. His nose is rather of the turn-up kind, and his mouth large. "The bill,” he said, “was constitutional in character -wholly so.” It was “wise -remarkably so.” It was “patriotic in all its purposes, and eminently so.” He predicted that the decisions of the Commission would be nnanimons and get respect from all parties. I had written just as above when my pencil was stopped by my admiration. Something nameless in the utterances of the man Hill forbade me to write more. I felt my pulses involuntarily moving and my color rising, and yet nothing very great was being said. But he was saying something good, like the voice of friendship or appreciation. He felt like every man who passes a narrow sect and a narrow hate, a sense of a greater audience and an expansion of soul. Yet there was no emotion in his speech, but a clearness, a sentiment, a fineness, which was above the argument and protestation of other speakers. 'lt did not flow copiously, nor yet with la bor, but it was the rich, optimistic mind of the Southern Whig—the revived echo of Henry Clay, the voice of Berrien fighting for the Union against a Georgia faction. He aroused love of country: he crushed the easily awakened feeling of Northern men against Southerners; he felt the electric response of the whole audience and Congress, and closed : “My country ! my whole country ! Blessed be he that blesseth thee, and cursed be he that curseth thee ! ” At the very moment of this blessing the prophecy was fulfilled. A telegraph dispatch was handed to him. “Your were just elected United States Senator in place of Norwood, to serve until 1883.” The debate went on after applause. Charles Foster, of Ohio, went up and warmly shook hands with Ben Hill. The reporters all sent word down by bits of paper flying to ask him if he was elected. He held up a telegraph dis patch with a smile, and nodded his head, “Yes.” Randall called Hill up and shook his hands and asked for the telegram. La mar then walked forward. Hill put his arm around him, stroked Lamar’s long black hair, and was seen to be several inches the taller. Lamar has a heavy face and a huge forehead, wrinkling. Hill has a pallid, small face, with a thiokish neck and a sharp chin and a small forehead, the crown of the head quite inferior. His expression ordina rily is a smile of intensity. Garfield and Banks and Dudley Field and Governor Hartranft, who were on the floor, shook hands with Hill. He finally took his seat by Waddell, mother old Whig rebel. Sam Cox sat there a long while on Waddell’s knee. Olymer and Clark, of Missouri, wheeled their chairs around and talked wistfully with Hill. As he passed down the aisle to the door Frank Hurd led the crowd that shook hands. Public opinion said that Gordon, Hill’s future colleague, had steadily op posed Hill coming to the Senate, where he would outshine both Gordon and La mar. Gordon came into the House in his cloak and sat down beside Lamar. He looked to me decidedly demoralised, and I may add that, to my belief and of good information, the whole Geotgia delegation has dreaded Hill as a man too independent and youthful in spirit for their uses. They got letters from lickspittle Northern Democratic mem bers reflecting on Hill and favoring Norwood. The triumph of Hill was the price of genius and the pride of the State. The generous element swarmed to bis standard. They broke up a coa lition backed, as I suspect, by New York money drawn from a dead man’s assets and ignominously applied to break down a brave and sterling, if unhar nessable, public leader. Gordon talked with a dark face to Lamar, who re mained silent. These and other men, who may expect to ride the invisible spirit of the Sonthern Confederacy through Congress, wheedling the North and putting through the Mississippi plan, now have a candid Unionist at their side, the first Whig from the rebellions territory on the Democratic side who means to be national all the time. By his sincerity we shall measure them all. Georgia, the Empire State of the South, now has the forempat South®* ll orator in the Senate. Jfe follows Blam® up there, and he succeeds in Norwood a man of respectable character, but of no conse- t uence in the Senate, of no Northern in uenoe, and surrounded with the Geor gia ring. The young men have come to the front in the State where McPherson full, and Bishop Polk, and thousands of useful men on both sides. George Hoar, who helped draw this bill, and Ben Hill, who said it had his unquali fied and enthusiastic approval, are both made Senators before the meas ure is passed, and the Justice most expected to be on the Commission also goes to the &en*tp, \jrhiph is qgain draw ing sap from every other department of the Government. “The letter of ‘Gath’ published in the New York graphic,” said Hill after the adjournment, “did me more good than anything that could have happened. It showed m® my opponents were doing and 1 uncovered their plans.” Effects ol tbe Louisiana Exposures. Washington, January 31.—The de velopments in the Louisiana business yesterday anc} to day have shocked many ‘of tne devoted Jtepuolioans and thrown a terrible atmosphere pf villainy and venality about the acts ol Mr. Wells and his associates of the Re turning Board. It is not questioned that the Board was in the market, and that the return would have been made for Tilden had satisfactory terms been proffered, and the forged altera tion of tfcp returns by direction of Wells after the ifOpiif had been jgjnqlnded, is also proven apparently beyond the pos sibility of successful contradiction. It is understood to-night that Maddox will answer the House committee’s questions to-morrow, and, if so, the revelations yyill be very damaging, ft is now felt on all sides that the acts of the Louisi ana Returning Board will go before the Electoral Commission so tainted with frand that they can command but little respect from any tribunal that possesses judipiel attributes. There is certainly less confidence jeii tp-jjigbf in the suc cess ol Haves tnan there pjfo days ago. * 5 .3* gg. THE INELIGIBLE*. Micbiaran u< Wleeoasia Hares Electors Gome Ost Wra* 8e Up —Pat ’Em Oat. Washington, February g.—Before fhp Powers and privileges pomqiittee, Dan iel W. Downes, elector fpr Wisconsin, testified. He 4*4 not think that being the examining surgeon of the Pension Office disqualified him. He held that position when elected and when he voted for Hayes. It is alleged that Jacob Don Herder, Republican elector of Michigan, is not a citisen of the United States. He has been summoned by the Powers and Committee. Why suffer from- cold in the head ? Dr. J. H. McLean’s Catarrh Snnff soothes and cures. Infallible for Ca tarrh and any sores in tbe nose. Trial boxestowenty-five cents, by mail. Dr. J. H. McLean’s office, 314 Chestnut street, St. Louis. W STATE SUPREME COURT. • DECISIONS RENDERED IN ATLAN TA LAST TUESDAY. [Atlanta Constitution ] Usry, executor, vs. Hobbs. Complaint, from Glascock. Warner, C. J. The plaintiffs, as the heirs at-law of Grace Wiloher Usry, brought their ac tion on the common law side of the Court against the defendant, as the executor of John Usry, deceased, to recover the sum of $1,5()0. The plain tiffs alleged in their declaration that John Usry, by the eighth item of bis will, bequeathed the said sum of money to his grand-daughter, which is in the following words: “I give, bequeath and devise to my grand daughter, Grace Wilchel Usry, one thousand dollars, to be paid to her at the close of my estate, by my executors, whom I shall here after appoint, and five hundred to be paid to her for her tuition, which will be fifteen hundred in all, and if she should depart this life, the money to be returned to the estate.” The tes tator appointed his son, Francis M. Usry, guardian of the person and prop erty of his said grand-daughter, sad also appointed his son, Joshua F. Usry, the present defendant, one of the ex eoutors. The plaintiffs allege in their declaration that one of them, to-wit: Wm. Hobbs, intermarried with the said Grace Wilcher Usry, and had born to them three children; that in April, 1873, the said Grace died, leaving her said hus band and three children her heirs at law; that her testamentary guardian never received any part of the $1,500 from the executors of her grand-father, and that she did not receive any part thereof during her life time, al though the said estate was closed le fore her death, aod the payment of said Bum of money demanded. The plain tiffs also allege that the defendant, as executor aforesaid, on the settlement of said estate, retained the said sum of $1,500 in his hands, to be paid to the said Grace, who was then in life, but who now refuses to pay the same to the plaintiffs. The defendant de murred tot the plaintiffs’ declaration on the ground that the will of the testator gave only a life estate in the $1,500, and that at her death the money was to be returned to the testator’s estate. The Court overruled the demurrer, and the defendant excepted. The main question presented by the record and bill *>f ex ceptions in this case for our judgment is as to the proper construction to be given to the Bth item of John Usry’s will, and that question is not altogether free from doubt or difficulty, in oonse quence of the peculiar wording of his will by the testator. In all questions of legacies, the Court will seek diligently for the intention of the testator, and give effect to the same, as far as may be con sistent with the rules of law; and to this end the Court may transpose sentences or clauses, or change connecting con junctions, or even supply omitted words, in cases where the clause, as it stands, is unintelligible or inoperatives and the proof of in tention is clear and unquestionable; but if the clause, as it stands, may have effect, it should be so construed, however well satisfied the Court may be of a different testamentary intention. Code, 2456. It is insisted by the plain tiff in error that it was the dear inten tion of the testat r that his grand daughter should have the money legacy bequeathed to her during her life only, and that if she died at any time, even after her arrival at full age, the legacy was to be returned to his estate, and that the Court is bound ;to carry that intention into effeot according to the ex pressed words of the will. When we examine the entire will of the testator, and ascertain his testimentary' scheme as to the disposition of his property, it is clearly apparent, we think, that it was the intention of the testator that the legaoy bequeathed to his grand-daugh ter should be paid to her at the close of his estate, and if she should depart this life before that time, then the money should be returned to the estate. By the third item of his'will, the testator gave the bulk of his property to his wife dur ing her life, and at her death directed it to be sold ;nd equally divided between her children—and this was to be the closing of his estate as contemplated by him in the eighth item of his will, in which he bequeathed to his grand daughter the money legacy in question, to be paid to her “at the close of my estate by my executors. ” The testator evidently contemplated that when the property given to his wife during her life should be sold after her death and divided between her children that his estate would then be closed. The tes tator, by the eighth item of his will, gave the legacy therein mentioned to his grand daughter, absolutely and un conditionally, to be paid to her at the close of his estate by his executors, and if she should depa t this life the money to be returned to the estate. Denart this life when ? Most obviously if she should depart this life before the time when be directed the money to be paid to her by his executors (to-wit): at the close of his estate, and not, as is contended for by the plaintiff in error, if she should depart this life at any time after this absolute legacy was di rected to be paid to her as her own right and property. It was the manifest intention of the testator, in our judg ment, in view of the entire provisions of his will, that if his grand daughter was living at the time of the dose of his estate that the money legaoy btqueath ed to her in the eighth item of his will should then be paid to her by his exe cutors as her own absolute right and property, and as it appears from the averments in the plaintiff’s declaration that she was living at that time, the legaoy vested in her, and the plaintiffs as heirs at law were entitled to re cover the same, and the demurrer to the plaintiff’s declaration was properly over ruled. Let the judgment of the Court below be affirmed. Carr vs. Smith. Award, from Hancock. Warner, C. 3,. This case camp befqre the Court be low on exceptions to the award of ar bitrates, upon a question submitted to them, as to whether a certain execution in favor of Carr against Smith had been settled. The arbitrators, under evidence submitted to them, found, by their award, that the execution had been set tled. Carr filed exceptions to the award on various grounds, which were overrul ed by the Court, and he excepted, and now assigns the same as error here. The alleged mistake of law committed by the arbitrators was in receiving parol evidence as to the settlement between the parties in October, 1869, when the evidence showed that that settlement was reduced to writing and handed to Pounds, defendant’s agent, to whom the written memorandum of the settlement was proved to have been delivered by two witnesses, was examined as a wit ness, and stated that he never had in his possession the written memorandum of the settlement, and that if be ever had it, it was [ost pr mislaid. There was do notice served on the defendant or his agent to produce the proper writ ing. There was no mistake of law on the part of the arbitrators in admitting parol evidence of the settlement, after proof of the loss of the written memo random—^ ppde 3„83§, There was a con flict in the recollection of the witnesses as to whether the execution in dispute Was included in the settlement between the parties. According to the recollec tion of sotne of the witnesses it was in cluded, but according to the recollection of others it was pot included. The ma jority of the arbitrators found, by tbeir award, that the disputed execution was included in the settlement, and there is sufficient evidence in the record to sus tain tbeir award. We find no error in overrating tbe defendant’s exceptions to tbe award of the arbitrators, on the statement of facts disclosed in the record. Let the judgment of the Oonrt below be affirmed. Taylor vs. Van Epps, Holicitor-General. Rule, from City Oonrt of Atlanta Wabneb, 0. J. This was an accusation against the de fendant, in the City Qonrt of Atlanta, of the offense of ‘.‘larceny from the house,” in which he was accused of privately stealing in tfie stoye house of Phillip Trimble pne umbrella, the property of the prosecutpy, of the value of three dol lars. Qn his trial for the offense the de fendant was found guilty, and the only question made and decided in the Court belofv was whether the offense pf which the defendant was a soused was a re duced fejoDy by thp act of March, 1866, so as to entitle the Solicitor to charge S3O posts, as provided by 1646th and 1650th sections of the Code. ?ne Court held that the offense was a reduced felony under the act of 1860, and that the kjpiipitor was eptit ed to S3O costs. Whereppop tfie defendant excepted. We find po eyroy in the piling of the Court under ffie law as ft npw stands. Let tbe induigent pf the Court below be affirmed* W. L. Calhoun, executor, vs. Mrs. A. A. Calhoun. In equity, from Fulton, Jackson, J. A widow is entitled to the possession of the mansion in which her hnsband left her at his death until dowel' or its equivalent has been assigned her, and this right td fto'pttiAession is additional to and independent of her year’s supy port. Code 1768. Judgment affirmed. Concerts in miniature are blooming at Union Point. COUNTING_TRE VOTES. A BPLIT ON FLORIDA No Objection to Ary Electoral Certificate Tn til Florida is Reached—David Dndly Field’s Protest—The Joint Settoion of the House Dissolves and the Tripartite Commission Assembles* Declares Its Rules and Ar ranges Preliminaries for Hearing Counsel To-Day. Washington, February I.—The Presi dent of the Senate has opened and the tellers reading the returns from Alaba bama. Avery long duplicate by mail will also be read. S'ow work. There was no objection and the vote of Ala bama was counted. Among those occupying seats on the floor were Judges Miller and Field, of the Supreme Court; General Sherman, Messrs. Charles O’Conor, Evarts and Stoughton, of New York, and Mr. Jere miah Black. After the Alabama certificates had been read the presiding officer asked, “Are there any objections to the certi ficates of the State of Alabama ?” After a pause the Chair hears none, and the vote of the State of Alabama will be-oounted. “The tellers will an nounce the vote.” Mr. Cook, one of the tellers, announc ed 10 votes for Samuel J. Tilden for President and 10 votes for Thomas A. Hendricks for Vice-President. The certificate of Arkansas Was then read, and the result was an nounced as six votes for Tilden and Hendricks. After the presiding officer had asked the same questions as in the Alabama oase, the California Certificate was read by Mr. Stone, and six votes were announced for R, B. Hayes and Wm. A. Wheeler. The Colorado Certificate was read by Mr. Cook, and three votes were announced for Hayes and Wheeler. Connecticut Came next. The certificate was read by Mr. Allison, and six more votes were an nounced for Tilden and Hendricks. The Delaware Certificate was read by Mr. Ingalls, and three more votes were scored for Tilden and Hendricks. Florida Was then reached, and the presiding of ficer first handed the certificate signed by Gov. Stearns, and which reoognized the Hayes electors, and after it had been read the certificate for the electors of Tilden and Hendricks was also hand ed out, and both were read by Mr, Stone, while Mr. Allison overlooked the duplicate. The Chair then said that be had still another certificate, received the 31st January yesterday. He then handed the paper to the tellers, and it proved to be the certified proceedings of the Board of Canvassers, authorized act of the Legislature of Florida, who declare the Tilden and Hendricks electors elected Included in the pa per was the action of the Tilden electors and the subsequent review of the count by order of the Supreme Court. The latter document contains an elaborate detail of the Florida case from a Demo cratic stand-point. After the reading had progressed sometime Mr. Conkling called attention to the fact that the pa per now being read had thirty-six wide eolnmns of printed matter. He knew that the statute required that all papers should be read, but after consultation with members of Houses he thought the law would be obeyed by simply reading the result. There was no objection. The result was announced that the Til den electors had been elected. The Chairman then asked if there was objection to the count of the State of Flerida ? David Dudley Field, of New York, arose and submitted written objections to counting the vote of that, State. The objection was read by Clerk Adams, of tho House, in 'accordance with the pro visions of the Electoral Bill. The du plicate returns, and the objections were referred to the Electoral Commission. After the various objections were read and there being no further objection, the presiding officer announced that, the Senators would retire, so that both Houses could consider the objections The Senate then retired to their chain bar at 3:15, p m. The following are the rules adopted by the Electoral Commission : Rule first : The Commission shall appoint a Secretary, two Assistant Sec retaries, a Marshal and two Deputy Marshals, a Stenographer and such mes sengers as shall be needful to hold dur ing the pleasure of the Commission. Rule second: On any subject submit ted to the Commission a hearing shall be had and counsel shall be allowed to conduct the oase on each side. Rate third : Counsel, not exceeding two in number on each side, will be heard by the Commission on the merits of any ease presented to it not longer than two hours on each side, unless a longer time and additional counsel shall be specially authorized by tne Commis sion. In the hearing of interlocutory questions but one counsel shall be heard on each ride, and he not longer than fifteen minutes, unless the Com mission allow further time and addition al counsel, and printed arguments will be received. Rule fourth : The objectors to any certificate or vote may select two of their number to support their objections in oral argument, and to advocate the va lidity of any certificate or vote, the va lidity of which they maintain in like, manner. The objectors to any other certificate may select two of their num ber for a like purpose, but under this ru'e not more than four persons shall speak, and neither side shall occupy more than two hours, Rule fifth : Applications for process to compel the attendance of witnesses or the production of written or documen tary testimony may be made by counsel on either side, and all process shall be served and executed by the Marshal of tbe Commission or his deputies; depositions hereafter taken for use before the Com mission shall be sufficiently authenticated if taken before any Commissioner of the Circuit Courts of the United States, or any clerk or deputy clerk of any Court of the United States, Rule sixth; Of admission to the pub lic sittings of the Commission it shall be regulated in such manner as the Presi dent of the Commission shall direct. Rule seventh: The Commission will sit, unless otherwise ordered, in the room of the Supreme Court of the United States and with open doors, ex cepting when in consnltation, unless otherwise directed. Shrewd people say that rule fifth of the Commission indicates clearly that, the Electoral Commission intends to go behind the Returning Boards. The objection presented by Mr. Field to the joist session to counting the vote of Florida for Hayes asserts that those persons naming Hayes electors, assum ing to act as Presidential electors, never were duly appointed by the State of Florida or in any manner whatever; that the other four persons, naming the Til den electors, had been elected and had an irrevocable title to the office; that the certificate .of election of the first four persons was untruly and corruptly procured, and made in pursuance of a conspiracy between them and M. L. Stearns, late Governor; that they were usurpers and their acts are illegal and nu\L and void. Senator Sargent had sent to the Clerk’s desk and read, in behalf of himself aod others, objections to tbe vote cast by the Democratic electors, on the ground that the papers are not authenticated, as required by the Constitution and laws. Senator Jones, of Florida, made ob jection specially against Humphreys, ilepublican elector, as holding an office ortrnst and profit under the United States, Hasson, of lowa, made an objection to the third set of certificates, those is sued by Gov. Drew, because they were not authenticated by a person who held the office of Governor at the time when the functions of the electors were exercised. The Presiding Officer; “Are tnere any further objections to counting the vote of Florida ?” [Pause.} “If there are none the certificates and papers, to gether with other papers accompanying the same, as well as the objections pre sented, will now be transmitted to tbe Electoral Commission for judgment and decision, The Senate will now with draw to its Chamber, so that the House may separately determine its objection.” A bnyiz of dissent pervaded the Cham ber as to the closing part of the sen tence, but the presiding officer made no change is the sentence. The Tripartite Commission appointed under the provisions of the Electoral act to hear and determine all matters in dispute relating to tbe vote for Presi dent- and Vice-President, met at 3, p m., to-day, in the hall of the Supreme Oonrt. A communication was received fromT, W. Ferry, President pro tern of thh Senate, enolosing the conflicting certificates from the State of Florida, and the objections thereto, for the con sideration and aotion of the Commis sion. Directions were given to have the certificates and objections printed. The Republicans named as their coun sel Wm. M. Evarts and E. W. Stough ton, of New York; Stanley Mathews and Shellabarger, of Ohio. The counsel for the Demobrats are Charles O’Conor, Sf New York; Jeremiah Black, pf Penn sylvania, R. W. Merrick, of Washing ton. and Ashbel Green, of New Jersey, business of importance was trans acted, the Commission having merely given preliminary orders as to the con duct of the arguments hi and proceedings. It adjourned to meet at 10, a tn., to morrow. CAN THE COMMISSION UO BE HIND THE BOARDS? Florida’* Vote It pm timed Preliminary # JStrugle iii tMibiiiitiinK Evidence— Repub licans Contend That the Hoard* are Final in their DeciNion—Democrats Insist Upon Adducing Evidence to .Maintain Fraud- Decision T©-.Morrow and Submittal of Florida’* Vote Wednesday. Washington, February 3.—The Elec toral Commission Court allowed coun sel to file evidence. The question of its reception will bo decided hereafter. Two hours were allowed to the dis cussion whether the Commission shall confine itself to matter laid before it by the President of the Senate. In the preliminary struggle the Republicans argue to confine, ftie Democrats to en large the scope of the investigation. Nothing was elicited beyond elabora tions. Merrick, Evart, O’Conor and Mat thews each spoke for the admissiou of evidence, ylicn the Commission ad journed to 10 o’clock Monday, when the deeuiou on this point will be reached. The Commission was called to‘order by Judge Clifford, the presiding Justice. After a few remarks by the presiding Justice as to the order of prooeedure to be observed, to the effect that, in his view, it would be iu order for the Demo cratic counsel to present, in a brief, rea son why the Hayes and Wheeler elector al certificate should not be received, and , that the Republican counsel might fol low with reasons why the Tilden and Hendricks certificate ought not to be re ceived. O’Conor, of the Democratic counsel, arose and proceeded to address the Commission. He said he would address himself to what seemed most pertinent in the Florida ease, and would offer proof why the first certificate of Hayes and Wheeler should not be counted. Evarts, of the counsel for the Hayes and Wheeler electors, said that if tho order of procedure suggested by the presided Justice should be followed it was the first iutimatiou tho counsel on his side had had of it and they would not be prepared to go on to day. The presiding Justice stated that his remarks were in the nature of a sug gestion and did not embody a ruling of the Commission. O’Conor, after a few preliminary re marks as to what he thought should be the method of procedure, read a brief setting forth what he thought ought to be submitted as evidence. He said that on December 6tli last the electors for Hayes and Wheeler and for Tilden and Hendricks met and cast their votes and transmi ted the returns to tho seat of Government. Both sets of eleotor's com plies with the requirements ot law. A writ of quo warranto was served on the Hayes electors on that day, before they canvassed the vote, which eventuated in a judgment against them and in favor of the Tiiden and Hendricks eleotors on the 27th of January, 1877. He then re viewed the action of the Courts of Flori da and of the Legislature ordering a re canvass of the votes, and said the Can vassing Board, without warrant, threw out the whole of the returns from Ma natee county and a part of the returns from Hamilton, Jackson and Monroe counties. In conclusion, he referred to the ineligibility of Humphreys, one of the Hayes electors, who was a United States Shipping Commissioner. Judge Black, of the Dem< cratic coun sel, arose to make a suggestion as to the method of procedure. He believed lhat he had the right to suggest what evidence should be presented and to speak ou that point. The presiding Jus tice said no evidence was beforo the Commission. After a colloquy between counsel and members of the ' Commission, Senator Thurman o6ked the Hayes and Wheeler counsel what objection there could be to receiving ail the evidence snggested 6y Mr. O’Oonor, subject to objections. Mr. Evarts briefly gave his reasons for objecting to the method of intro ducing evidence proposed by tho op posing counsel. Judge Black insisted upon it that the # evidence suggested by Mr. O’Conor had already been taken by the two houses of Congress. Commit tees were sent to Flor ida; took evidence; had it printed and thus made it a part of this case. That taken by the House was submitted to the House after a tierce struggle, filibus tering lasting half a night. He could not conceive anything more unjust than to compel them to submit evidence by piecemeal. When a party files a bill in a Court of Equi'y, he may put in all the evidence he chooses, and the same is true of the party filing an answer. The evidence cannot be rejected, but must be accepted as a part of tho record. While Judge Black was speak ing two special artists on the spot were busily engaged sketching the scene. The presiding Justioe said Judge Black had exhausted tho fifteen minutes allowed him. Justice Miller moved that the counsel on either side have two hours, in which to discuss the objection of Mr. Evarts as to whether any other evidence than that laid before the two Houses of Con gress by the President pro tempore of the Henato should be received by the commission. Senator Thurman thought the Argu ment ought t,o go further and embrace the admissibility of testimony taken by either of the two Houses. The question should not be narrowed down to the papers presented from Florida by the President pro tempore of the Senate to the Houses of Congress. Representative Garfield desired the moliou of Justice Miller to be enlarged, so as to embrace an argument as to the scope of the power of the Commission in the premises. Representative Hoar offered a substi tute for Justice Miller’s motion, as amended by Mr. Garfield, but withdrew it and Justice Field reuewed it. The presiding Justioe put the ques tion on Justice Field’s substitute and it was lost. The motion of Justice Miller as amen led was then adopted. Evarts suggested that each side have three hours instead of two and the Com mission accepted the suggestion. Evarts snggested_tliat counsel have more time to preparo their arguments. The Commission then took a recess. On re-assembling the Commission agreed to bear oue counsel on each side to-day and the others on Mouduy. Mr. O’Oouor said he presumed the throe hours allowed eaoli side might be divided among counsel as they might agree, and the pres ding officer said that was the understanding, Judge Black asked if he might make some general remarks and let Mr. Mer rick go into the details of the case. The Oomr.ission finally decided that three counsel might speak, provided they did not exceed three hours. Mr. Merriok, of Washington, opened the discussion for the Democratic side. Ho considered it clearly the duty of the Commission to go to the root of the dif ficulty by regarding as it must and ought the testimony of the House Com mittee on Florida as evidence iu the case. He read from the uot creating the Commission to show thut i's powers were ample for this purpose, and aigued that every consideration of law and of equity required them to inquire into the action of the Returning Board, tainted as it palpably was with fraud. He cited the quo warranto case of Drew vs. Stearns and others in support of his views. He was followed by Mr. Stanley Mathews, for the llepublicans, who maintained, substantially, that the act of any Board constituted by law, or having apparently legal title, could not be set aside, and this upon ground of public policy. Mr. E. W. Stoughton followed also for tbe Republicans. He spoke upon the question of the legality of the acts of the Governor of Florida, and denied the right of the Commission to go behind the returns of the State Board of Can vassers. It is expected that on Monday morn ing Mr. Evarts will finish for the Re publicans And Mr. J. Black or Mr. Chas. O’Conor for the Democrats, on the questiun of what, in the shape of t-stimony, is before the Commission if any is properly before it, and what are the powers of the Commission in tbe premises. The Commission oannot possibly have tbe case of Florida in a condition to submit its -ction or it to the Houses in joint session before Wednesday. Eflect ol Helfleb Influences. [From the New York Times.] There are nearly 60,000 office holders who have been trembling with fear lest their means of support should be taken away, and not less than ten times 60,- 000 expectants, who hoped to get places if a change occurred, all of whom have a deep personal interest in the result. They measure the importance to the oonntry of the inauguration of their favorite by its bearings upon their own personal fortunes. The effeot of these selfish influences is incalculable. Every second ward politician throughout the land either holds or expects an office.— His bread aud batter are directly de pendent upon the result, and it is no wonder that he regards it of much lesß importance that tbe issne shall be just and peaceful than that it shall secure him an office, IV! (>n one comes to look over a com pilation of the aeoidents happening dur ing 1876 he'feels that he ought to be very thankful and very, very humble,