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About Weekly chronicle & sentinel. (Augusta, Ga.) 1866-1877 | View Entire Issue (Feb. 14, 1877)
(Etironicie anfr WEDNESDAY, FEBRUARY 14, 1877. THE CONTENTION BILL.. The Convention bill, as passed by the Honse, having been a lopved by the Sen ate, it is now a settled fact that Geor gia will soon have anew Constitution. Nearly all the Southern States which were compelled to accept Constitutions forced upon them during the iniquitou® reign of reconstruction have held Con ventions since the people have come into the possession of their own again and adopted Constitutions of their own making. It is now Georgia’s turn and and it is no little satisfaction to know that the last vestige of carpet-bag rule will be soon swept away. IMMIGRATION. We publish this morning a commu nication from Mr. F. A, Mauo* in re gard to immigration. Mr. Mauo* doe* not believe that subsidies to steamship lines will aid the cause, but rather im pose a useless burden on the people. The proper plan, in his judgment, is to organize immigration societies, in order that the immigrant may know to whom to apply upon his arrival in Georgia for information as to land, localities, etc. As the matter no* stands, the immi grant is entirely at a loss, and becoming disappointed and disoouraged, leaves for the West. It is patent that a reme dy for this should be found as soon as possible, if we desire to encourage im migration. The telegraph tells us that Returning Bnard Wells has had a chill. It Mill take more than an ordinary ague to shake the rascality out of that specimen Radical. | | The Republicans are anxiously dis cussing the chance of their having only the nominal majority of two in the next Senate. That will certainly be the re sult if the lawful governments of Louis iana and South Carolina are not inter fered with, and there hardly seems to be any probability of that. When J. Madison Wells was asked if he didn’t demand the 81,000,000 refer red to in Maddox’s testimony, his only answer was that he had been a Union man since 1859. The true carpet-bag ger idea—to make pretensions of loyal ty a cloak to cover all possible forms of thievery. Thebe were 2,089 National Banks in existence in July, 1876, with an aggre gate capital amounting to 8505,000,000. It is said the banks pay an average div idend equal to ten per cent, per annum. This is a large dividend, considering that in most States of the Union interest is but six per cent. * Judge Poland, late Republican Rep resentative from Vermont, has been badly soured by the ingratitude of his constituents. A reporter who asked his opinion the other day on the arbitration bill was shocked by this prompt and profane reply: “You may tell them that I don’t know anything about it, and what is more, don’t care ad .” The Diaz Government in Mexico is reported to be already falling to pieces, and anew revolution, the objeot of which is to drive Diaz out of the coun try, is progressing. Bands of robbers aro everywhere making their appear ance, the lato supporters of Diaz swell ing the number of this class of “pa triot*.” It is * nice country to live in. The session of the British Parliament for 1877 was opened by Queeu Victoria in person, with all the pomp and spen dor of such royal pageants. The Lord High Chancellor read Her Majesty’s speech. In the course of this the Queen says that the objeot of England through out in the conference on the Eastern question has been to preserve the peace <of Europe. Governor Gboveb, of Oregon, has re signed and formally tnrned over the Executive office to Mr. Chadwick, Sec retary of State, now the acting Govei nor. Governor Grover will return im mediately to Washington to assume his seat in the Senate on the 4th of Maroh. Some of the Radical extremists have talked about denying him his seat be cause he obeyed the Constitution aDd issued au electoral certificate to Cronin, but there does not seem to be much chance of their success. Nebraska sets a noble example in the matter of tree-planting. Mr. J. T. Al lan. of Omaha, who is Chairman of the .Committee of Statistics of the Associa tion of American Forestry, relates that twelve millions of trees were planted in that State in 1864. He ranks Nebraska foremost of all the States in the Union in this particular—a claim which will liardly be disputed. Tree-planting in Nebraska has been caused to a great ex tent by the inducement offered by the General Government in taking up land. While the conflicts in the Northwest hove not resulted in the capture of Sit tino 801 l or the breaking up of all the hostile bands, the spirit and power ef the enemy have been destroyed and the ludians who have sought temporary shelter and protection at the agencies have learned to respect and obey na tional authority. The savages who con tinue to maintain an antagonistic attiy tude have suffered so much from sudden attacks that they cannot oousider them selves safe in any of their old strong holds, and the privations to which they are subjected have induced many of their former associates to enter the Union camps, despite the stringent rule that they must surrender ponies and arms as the price of rations and protec tion. If Russia goes to war with Turkey be can expect no assistance from the Poles. On the 23d of January the Poles held spirited meetings in the oitiea of New York and Chicago. The occasion of these meetings was in oommemora tion of the fourteenth anniversary of the Polish revolution of 1864. At the Chi cago meeting there was much enthusiasm at the prospect of a Russian-Turoo war whieb was hailed as Poland’s opportuni ty. The people of that nationality in this country are mostly proscribed or ■voluntary exiles, much the larger num ber of whom are educated men of tried courage. They are to be found oecnpy ing many responsible positions in tbe <s4vil service under the Government, and have won a title to the respect as well as the sympathy of the people of this coun try. Their number in the Coiled States is estimated at 300,006, oi whom $OOO reside in Chicago. Jt Phildelphia journal has been ex amining into the question of rents. An interview with one real estate dealer elieited the information that a large per centage of pr. perties at present are ly ing idle, bnt a large number of honsee would be taken when the time of the •“Spring moving” comes. In answer to the question “If this Spring moving wonld not simply be an exchange from -one occupied house to another ? ” the dealer said that in the Winter many families break up housekeeping and lboard or club together in one house. They de this to save fuel and gas. This practice is most common among the middle classes—those dependent on the profits of trade. The average rents paid by this class is between S3O and s£, which commands a good house in j with water, gas and other (Conveniences. A workingman can rent good feoase for $lO or sls per month— bon6es which sell for SI,OOO to $1,200. Business property has depreciated in tvalne and rents have fallen. Leasee ex piring on the Ist of January have been renewed on lower terms. Many stores are vacant on the business streets. CAN THE UNITED STATES GO BEHIND WELLS r This is the very significant question asked by the Brooklyn Eagle. The vote of the Commission in the Florida case Wednesday is a cl. ar answer in the neg ative. '1 hat is to say, no matter how fraudulent the electoral vote of any Btate may be, no matter how apparent that fraud nor how glaring the raaoality by which the result was obtained, the people of the United States have abso lutaly no remedy, but must submit to be governed by a President not eatitled to the office. Such a state of affairs was never dreamed of by the founders of the Republic, else we would oertainly have had unmistakable language in the Con stitution, bearing on the subject. But it must be evident to every one not wil fully blinded by partisan prejudices that such a monstrous interpretation as the Republicans put upon the law is foreign to all ideas of right and justioe and was never intended by its framers It is simply Mexicaqizing a nation which has always held itself up before the world as a model Republic. What is the use of an election ; why should we pre tend to be guided by law, when such scoundrels as Wells can nullify the action of the people and declare who shall be President ? The action of the Commission is enough to make well wishers of our republican form of gov ernment pause and look into the future with gloomy forebodings. True, the ultimate result of the count, no matter who may be President, will secure peace and acquiescence for the present; there will be no clog to the governmental ma chinery ; but who can say that in the time to come, the people, under a de cision which wrould place Hates in the White House, would ever be allowed to select their own ruler? What has been done this time in two States may be carried out four years hence in six or a dozen. There will be nothing to prevent such common wealths as may happen to have Republi can State administrations from being counted for the Republican candi d*e, provided those administrations will it so, no matter what the the verdict of the people of suoh States may be. In other words, the election in the end rests with the canvassers and not with the people. Is not that the exaot declaration which the Grand Com mission, by a vote of eight to sevea, has just made? Clear proof of fraud, un questioned rascality, amount to nothing, s*y Evabts and the other counsel for the Hates electors. Wells and MoT in have said that Louisiana and Florida have gone for Hates, and therefore they must be counted for him, notwithstand ing what the equities of the case may be. It *3 a melancholy commentary on the highest judicial tribunal of the land that its members have disolosed by their votes on the question of going behind the returns that th6y are utterly unable to rise above party feeling. Bound by their original oaths of offloe and bound still further by the special oath pro vided for in the electoral bill, they oalmly closed the windows of their con science# and voted as party demanded. The country is indeed to be pitied when its judiciary sinks to the level of mere partisans. J u tices Strong, Miller and Bbadlet will have the proud satisfac- tion, if they carry out the plan which they have begun and succeed in putting Hates in the Presidential Chair, of having saved the Republican party and at the same time of clouding, to say the least of it, the fair fame of the United States Su preme Court. It is somewhat a matter of surprise that J ustioe Bbadlet even went so far as to disregard party com mands in consenting to examine into the question of the eligibility of one of the Florida Hates’ electors. But then it will be a very easy matter for the eight to rise up and declare that Hum phrey’s title is pure and unspotted, and thereby secure the four votes of Florida for Rutherford B. And so ends the first chapter. The time is not far distant when we shall be able to write finis on the last page of the volume. Granted that Florida and Louisiana, however, are counted against us, it does not follow that Mr. TiLDßN’scaseis hopeless. If the cer tificate of the Executive of a State is final in one case so it must be in an other. If Stearns' and Kellogg’s “broad seals" give Florida and Louisi ana’s votes to Hates, Grover’s must be oounted for Tildbn. EveD, however, with the decision of the Commission in regard to receiving evidence, before us, we do not by any means concede that it gives Louisiana to Hates. While the vote in Florida was so close as under any decision to give either side only a very small majority, that of Louisiana was not in any such condition. Its eight thousand major ty for Tilden stands prominently before the country and cannot be ignored except by the most unblushing disregard of law. Later dispatches say the stunning ef fcot of the party diwisipn of the Commis sion OD the main question, Wednesday, was somewhat dissipated yesterday morning, ind that the Union, of Wash ington, claims that in all essential par ticulars the question is before the Com mission in the shape indicated and de sired by Mr. O’ConoiP in his opening statement. We must confess that we do pot see it ip that light. As we under stand the matter the decision of the Commission was directly contrary to the wishes of the Democratic counsel. The party vote on the question shows that this was the case. The five Democratic Congressmen and Justices Clifford and Field voted to admit the testimony, while the Republican Congressmen and Justices Breve,?,- Miller and Bbadlet voted against it. It is consoling to know that it will not be long belqta JJw end is reaehaJ. *KNTJHiiVp4!, BENEVOLENCE. The New York Herald, has a very in teresting article under the bpye head. It says: Not the least depressing feature of the pre vailing distress among the poor is the work that lemains undone by many people who have both money and tbe charitable impu'se. These iadiyidnals are touched by the miseries of the destitute ; they long to be useful, but their usefulness is if not entirely arrested, by a lot of fane ful actions which they fondly cherish for their own sake, ft they haunt the courts of magistrates before whow jRQOf men are begging to be committed as paupers their pocket books cesswo oloced because they do not see interesting tooting objects of qbarity: if they eye the ea 4 line of at St. John’s Ooikt they search tor some attractive face, while they ns/srt this srrefofced mother whose every lineament and v*ry tag fit ing is eloquent of woe ; if they vfcti aeylums with the view of adopting an orphan they demand sdme oa With graces and virtues not to be found collectively outside of the Kingdom of IJeayen. Charity was not admin istered ui this style it Judea nineteen centu ries ago; the fa angry wen fed because their stomachs were empty, not because they were pleasant to look upon : the ah* were healed because they needed to be made well, even if J tieir maladies were self-indicted; the prisoner yu v gted because he was in jail, even if there wees Sff extenuating circumstances in hia villainy. To tat yomen and children suffer because the head of the tiqpUv is a drunken brute, to neglec- shivering children because they carry dirty faces and outrage every gram matscal win, eg to allow a starving man to suf fer ou beoans-fcia fV* ia unehaved and his gait it ahambtmg W to the true nature of charity and to convict the won id-pf philan thropist of kometfcwf worse than blundering. Unfortunately there i too BW# froth U tb)B statement. Charity ia too often bestowal & the wrong direction by good people arise /desire to do what ia atrictly right, bnt act frqpi a miata£n judgment It ia not always ti p interesting object which presents itself thskt is moat worthy of charity. Squalor and misery would oftentimes be changed into oontentnaqnt by the benevolence which runs to waste, a? Jo speak, on un deserving objects. There ace always those in every community who find hap-, pinesa in ministering to safering hu manity, bat who frequently misapply their generosity by searching oat “in teresting” cases and passing by silent poverty, whose rags and dirt do not ap peal to the artistio eye. Yet it is jnat snob beings who most need charity. LIVING AND DYING. The population of the world at the present time is estimated at 1,423.917,- 000. Assuming thirty-three years to be the average of tanman life, the number of deaths each year would be 43,455,- 060. It has been estimated that the average cost of a Christian funeral is SIOO, but the correctness of this esti mate may be called into question. Fune rals in cities cost from 880 upward, but in the oountry no such expense is neces sarily incurred. Probably 880 would be a fairer estimate of the average cost of a funeral in the United States. With a population of 40,000,000 the average number of deaths eaoh year would be 1,250,000. The aggregate coat of fune ral* at SBO eaoh would be $100,000,000 eaoh year. At least one-half of this large sum is a tribute of affection to the dead or a forced submission to the de crees of fashion. So far as it is a tribute of affection by those who can afford the outward show, the custom of costly funerals is not a bad one. It makes bnsiness for the undertaker, the hack man, the florist, thff dress maker and the milliner, and sometimes grief does not preclude the idea of a feast. But the worst of it is, really poor people, with refined and sensitive feelings, do not like to seem less tender in their last token of esteem for a departed relative than their richer neighbors. And then, no one likes to bargain for any service to be rendered the dead, or to question any bill that may be presented for snob service. The result of this combined requirement of fashion and the sensi tiveness of people is these matters is often very embarrassing for those who remain in a position to inoar responsi bility. In fact, it might not be too much to say that in many cases if peo ple could be allowed to choose between paying funeral bills and having their own fnneral bills paid, all responsibility of the kind Would be avoided. ENGLAND AND AMERICA. has been the custom in the past, more than at present, for the English press to notioe the shortcomings of Americans. The increase of crime in the United States, including official de reliction, the frequency of railroad acci dents, and the tendency rf certain dis honest journals to levy blackmail, were among the subjects of its animadver sions. A comparison of statistics shows that they have but little advantage of us in respect to the first count in the indict ment. As to the second, a carelessness has recently marked their railroad man agement suoh as to give the English pre cedence as to the number, if not the fa tality, of acoidonts on the rail. They will be more guarded with reference to the third, when they think of the finan cial derelictions of Mr. Sampson, of the London Times, and of the rumor that is jnst now” our rent relating to another at taohee of that influential jonrnal. It was put afloat by a correspondent of the New York Times, who writes : Some very unpleasant disclosures have been made as to bribes received by English journal ists, and by at least one member of Parliament, from the Nacval Nozim of Bengal, to advance his claims in the newspapers. The subsidies varied from £25 to £SOO and £6OO, and in the case of Dr. Russell, of the Times, to £I,OOO. This Dr. Russell has been the war correspondent of the London Times for a number of years. He aoted as snch daring the Crimean war; in the United States at the time of the rebellion; then through the Franco-German contest, and finally accompanied the Prince of Wales to India as a ooi respondent. He has always oocupied a high reputation as a graphic writer, and it ia to be hop ed, as well for his own sake as the good name of his profession, that the oharge against him is without foundation. It will be as well for the public to suspend its opinion until he has been heard in his own defense. Whether the accusa tion be true or false, the English will discover in this connection, as well as of the other mattors named, that human Dature is muoh the same all the world over, and that there is nothing in the composition of English laws or English men to exempt them from guilt or sus picion more than there is any other civilized nation. CONSOLATION. Some of our exobsnges hold with the Washington Union that the effeot of the decision of the Electoral Commission last Wednesday is not so “stunning” as was at first supposed. We must confess that we can't see how the decision could well have been worse. Nothing can be favorable to the Democratic cause that reoeives the vote of suoh a bitter parti san as Morton. The Nashville Ameri can takes this view of the matter: The decision of the Electoral Commission appears to narrow the question to be examined into and to restrict the Commission to the in quiry, as to which is the certificate that covers the legally appoioted Electors of Florida. The act of 1792 provides that the Executive shall cause to be made out three lists of the Elec tors, certified and delivered to them on or be fore the first Wednesday in December—the day on wh ch they are required to ireet. The Electors make and oertify three lists of tiie vote they oast, and to each one annex one of the lists certified by the Executive ef the State. These are the electoral certificates, and the Commission decides that it will receive no evidence except suoh as was submitted with the certificates. It is left, as we understand it, with the Com mission to consider these certificates and all that bears npon them that will tend to eluci date the point as to whioh is the true vote that ougfit to be counted. The reoord submitted with tbe Elec tore 1 certificates, and therefore to be considered with them, has not yet been published in tbe Congressional hecorti, and we can only know that a voluminous statement of facts with a lists of counties and a tabulated statement of the vote, and the opinion of the Supreme Court, are a part of the reoord to guide the Commission in determining which certificate shall be counted. The decision to admit testimony in regard to ineligibility js significant. It is directly con trary to the v(ew contended for by Evabts, that the certificate of the Ef ecutjve is & final ity even as to ineligibility. In this connection it will be remembered that Mr. Conklins, in Ifis great speech on the Electoral bill, S*id: Should the Start of Massachusetts send here an *l*ctoral certifica’e on which should appear aa the first two Electors the names of my honored friends, the B uators from Mas sachusetts, and if there should follow as Elec tora the name of evory Repreeentative from Massachusetts, designating them respectively as Senators and Representatives, I should read in the Constitution that ‘ no Senator or Repre sentative ' shall be or shall ever be ‘appointed an Elector/ and jt should say those votes * * • were not tp be held gots sntU they were at least considered.” The elapse of the Constitution he quotes reads. o]j lf; JSenator pr Bepresentative. or per son holding an qtyee of trust or profit under the Coifed ri*sU be appointed an Elec •pr," 89 that the language of Hf. ftaxfuso applies to ell pthe** Electors. a well as to Senators and Represent*^? B - 11 notable that Mr. Edhtteds. now cn the Com mission, was continually suggesting and strengthening Mr. Cosxli>'q’s positions, and apparently acting in entire harmony with him through his argument. Vo are warranted, therefore, in the belief that tbe Commission will receive evidence as to Watts, the Oregon ineligible Elector, and in any event, even if the Cboku, certificate be rejected, will be compelled to hold that but two Electors were appointed in Ore gon. It is possible, also, that two alleged in eligible Electors in Louisiana will be thrown out. giving Tildes a majority. In the event that Watts alo> e ia thrown out, a tie vote will result and the election of Would go to the House and of Viee-President to t£e Sen **• {Jpcuji thfi whole we are not diaooarftged. bnt rather etgaqytheued jn the Til dee's ineegnrathw, fey fse report °f yester day's proceeding*. The American may be right; we sta.- oerely trust that it is. Asa matter of OQfipe the rejection of one vote froth Oregon .pill throw the election of Presi dent and Ficeyt'resident in the House ani Senate, and thus gxyu Jth? oountry Tildes and Whoblu. As this is of compromises the Republican conser vative members of the Commission may be looking,to jueh a result, acting upon the wNtia that “half a loaf is better than ae bread.” Bat if Mr. Ttldeh is elected, and every men with a apaxk of justice in his bosom, be be Democrat or Bepnblioau, baa long been oonriooed that ha ia, ao is Mr. Hsrdbickb, and no compromise ought to be agreed to that will leave him out. We must confess, however, that the burns point somewhat in that direction. If the Commission holds that the action of the Returning Boards in Florida and Lonisiana must be taken as final, and the certificates of Sterns and Kellogg accepted there yet remains Oregon, and it is difficult to see how the .vote of Watts can in any count be counted. Cronin’s may be thrown out and only two allowed from that State, thus throwing the election into Con gress. RADICAL GERRYMANDERING. An example of how the Radicals ger rymander the Congressional Districts, wherever they have the control of the State governments, is found in Indiana. The last Radical Legislature of that State apportioned the districts in such a manner as to make it a matter almost of impossibility for the Democrats to car ry more than four. The Indianapolis Sentinel talks thus on the subject : The Journal said the other day that the ap portionment bill worked “equality in the ag gregate;” also that it wae “substantially just.” We beg onr readers to look ciosely into the master. The Democracy elected their Gover nor by over five thousand votes, and one would think they ought to have a goodly share of Congressmen. What is the fact ? Nine Radicals go to Congress from Indiana, and only four Democrats. Call you this working “sub stantial justice” or “equality in the aggre gate j” Central Africa is fall of such “sub stantial justice.” Then let ns examine the details of the bill. Tke the fcecond Congres sional District, and there we find nearly all the heaviest Democratic counties in Southern In diana massed into one distriot, giving some times a majority of almost 7,000 Democratic. The district begins in the county next to Vigo, of which Terre Hants is the county seat, and runs in an irregular, helter-skelter shape to the Ohio river, nearly opposite to Louisville, Ey. Another district, the fifth, begins in Northeastern Indiana, and makes a long, nar row-shaped shoot for the Ohio river, coming out in the neighborhood of Cincinnati. This was made for the purpose of defeating Mr. Holman. The fir*t r ce he made after the “gerrymander” he won, with 1,100 majority against him, estimating the majorities from the election previous, and in the second race he made in the district, against General Tom Browne, he was defeated. Mr. Holman is one of the beet men every way that ever repre sented Indiana in Congress. He wa® so watch ful over the expenditures of the Government that he earned for himself the soubriquet of the “Watchdog of the Treasury.” One would have thought that the Radicals would have been proud of a representative like Mr. Hol man, and arranged the distriot seas to have kept him in public life. But no; “economy” has no music for the Radical ear; “steal all you can get” has been the practical cry of the party for years, and they all heed it. It is of little use to pursue the subject further. The Congressional Districts were nearly all ar ranged in the interest of Radicalism. * Among the other political changes re cently wrought it is noticeable that the parliamentary elections in Germany have resulted so disastrously to candi dates who were inflexible supporters of the empire that Bismarck will be com pel Ted to resort to skillful manoeuvring to oommand a majority. The world seems to be settling down in the convic tion that its best men and parties are none the worse for close watching. IMMIGRATION. Editors Chronicle and Sentinel: The immigration question is not well understood in;thisoountry.|The generali ty of the people believe that to get im migrants from Europe as actual settlers npon our land all that is to be done is to have them landed at one of onr sea ports and then let them shift for them selves,labor under a great mistake. Be fore the emigrants leave their native country they are well recommended by their parents, their friends and their ac quaintances, who stay at home to let them know what kind of country and what kind of people are the Georgians. If they emigrate to the State of Georgia, what is the prospect of getting a good home.if they have been treated honestly and kindly. If the report to the old country is favorable a large emigration can be expected; but if, on the contrary, that those immigrants write that upon their landing in Savannah not a friendly hand was extended to them; that there was no immigration society organized to care for them and sell them land, and that they have been obliged to go West, then immigration will be killed in the bud, and no more emigrants could not be brought from the same locality not for love or money. If a subsidy is paid to a steamship company it will be so much money thrown away, and be a total loss to the tax payers. They should have nothing to do in regard to the appropriation of money to encour age immigration. If a society was or ganized to promote that object and lo cate immigrants the society will be composed of capitalists aud land owners who will reap tne benefit of it, and I thiDk that it is but just that they be paid the bonus, and not the people at large. Knowing well what immense ad vantages immigration will be to the State of Georgia, in my next article I will give my views upon what should be done. Yours, respectfully, F. A. Mauge. Augusta, Ga., February 9, 1877. THE NINTH DISTRICT. Colonel Butler for Conarri ss. Editors Chronicle and Sentinel : Now is the time to bring out candi dates for the position recently made va cant by the promotion of the Hon. B. H. Hill to the United States Senate. There are many aspirants, and numer ous names have already been mentioned to fill this vacancy in the Ninth Con gressional District of Georgia. All the gentlemen put forward by their respec tive friends are men pf character and ability. In this communication we do not intend to say one word in disparage ment of any of them, but simply wish to suggest the name of one in whose hands the people of the whole District could well afford to place their interests and in whom they would have a capable, honest and faithful representative. We refer to Colonel David E. Butler, of Morgan,who is well and favorably known, not only [in the Ninth District, but all over thp Statp. Colonel g. is a man of polished man ners and considerable talpnts, a ready speaker, and would make au excellent debater in the halls of Congress. He has served the people of Georgiain many capacities. Whether as a State Senator, President of Colleges, or Director of the Georgia Railroad, he has ever been the same steady and faithful frieud of tbe people of his native State. We are con vinced that Col. B. will get a delegation from his own cpijnty favorable to him, as well as similar ones from other coun ties, and will go into the Nominating Convention a stroDg competitor for Con gressional honors. Morgan. fslonel Billups for Congress. Editors Chronicle and Sentinel f The question now uppermost in the minds of the people of the Ninth Dis trict is, “Who shall h tve Ben Hill’s va cant chair in the Lower House of Con gress ?” A score or so of small politi cians and self opinionated wire-pullers in various parts of the District have trotted themselves out on the tnrf, and are exercising ijieif untrained limbs for the race. Any of these gentlemen wonld no doubt take the chair wero the power in himself. Bnt the people have a say so in the matter, and design it only for a man of wqrth, integrity and ability— who has his country's weal at heart, with ’■--ins to serye' he;:. Such a man is tne . R ;u nlM _t,he people of Colonel Joel A, fJ.JF tv:. Morgan oonuty and of the W} 1 ” statesman and a W-gg The PennMjlv*iila Coal Trade. The Potisyille Miners' Journal gives tbe following etatifitica : The quanti ty of coal shipped from tee gchuylkul region for the week ending January was 64,420 tons, against 39,794 tons for the same week ef last jeer ; increase, 24,- 626 tons. For the year. 462,63 1 tons, against 327.792 tons for the correspond ing period of last year; increase, 134,845 tons. The quantity Beat /rom all the regions for the week was; Anthracite, 268 463 tons; bituminous, £0 501 tons; total 308,964 tons; against 262,124 tons and 50,163 tons bituminous— iffaiaTTsSt' tout -lor the same week cite 1 304,984 toes; bituminous, U2r M 7 tonsVtotal, 1,447,981 tons against iQti 021 tons anthracite, and 168,390 terns bituminous —total, 1,479,411 tons to torSpandtog Penod of last year. Decremm of aaihrete, 6,^7 tons; decrease of tons; total decrease, 31,480 tons. No medicine was ever vet discovered that will care hydrophobia. ®wsreof the dog. Gave camera, a 8 M ancient Bdßn used to remark. RESOLUTION ANSWERED. SPECIAL MESSAGE FROM OOV COLQUITT! Why Certain Amount* Were Dluburaed From The Slate Treasury—4LetCer From liavern or Smith. In the Honse,Thursday, the following message was referred to a special com mittee, consisting of Mesrs. Fort, Mo ses, Simms, Robson aid Sheffield of Early. Governor Colquitt® Me*sa#e. Executive Department, ( Atlanta, Februtry 6, 1877. j 7b the House of Representatives : I beg leave to submitthe following re sponse to your resolution of the 3d, re questing me to Inform your body “ un der what law the follow, ng amounts have been disbursed from tke public Treasu ry, and why employnents hereinafter referred to were not nade according to the provisions of action 63 of the Code McCay A Trippe, retainer $2,500 W. A. Hawkins 1,500 T. L. Snead 1,500 D. P. Hill 250 W. T. Newman 200 S. ©utcher 500 $6,450 As the employments were made and the amoants disbursed during the ad ministration of my predecessor, Gov ernor James M. Smith, and as the Ex ecutive records do not afford the expla nation desired by you, I submitted your resolution to him, that he might furnish the required information upon the mat ter. I transmit to you his reply, which presents his reasons for making the em ployment and disbursing the amounts about which you inquire. In this connection I would call the attention of ?onr body to the fact that some of the attorneys and others have presented their claims to me for addi tional payment of fees in the same cases and for fees in other cases. Under my construction of the lav, and without re flection on my predecessor, I doubted whether I had the authority to pay the suras, and referred the question to the Attorney-General. Yonr resolution, however, enables me to lay the whole matter before the General Assembly for its consideration. I respectfully sug gest that you definitely settle two points, viz: 1. The proper course in regard to claims of this character, initiated dur ing previous administrations, and the continued employment of the counsel already retained. It may be proper to say that the State is involved in im portant litigatioo, in which a strong array of adverse counsel has been em ployed. 2. That you pass a declaratory statute more distinctly defining the authority of the Executive in employing and pay ing counsel to protect the rights and interest of the State. Alfred H. Colquitt. Ex-Governor Smith’s Reply. Atlanta, February 3, 1877. His Excellency, Alfred H. Colquitt, Governor: • Sir—l am in receipt of your commu nication of this date, with the accompa nying copy of a reaolution of the House o*f Representatives, to which you direct my attention. [Here follows the reso lution.] You say in substance that the employments referred to were under my administration, and that you have deem ed it due to myself that you should sub mit the matter to me for such informa tion as I may think fit to give. _ The records containing full and particular information not being before me, I shall be compelled to trust in a measure to my memory in making statements of facts touching the matter in question. The first inquiry in the resolution which requires notice is, “why were the em ployments therein referred to not made according to the provisions of the Code, section 63 ?” The history of this sec tion shows that it was passed in 1872 and was intended to apply to a class of cases then just arising out of the frauds alleged to have been committed during the administration of Governor Bullock. As these cases were involved in more or less doubt, it was intended to be left entirely in the discretion of the Gover nor whether the suits should be brought or not. And that the Executive might not be misled by eager counsel and be persuaded to embark in useless litiga tion, the compensation of the counsel, as in the “Informer’s act” of 1871, for which the act embraced in section 63 was intended to be a substitute, was made conditional upon recovery. But as the act appears to be general on. its face, why were not the employ ments referred to in the resolution made in accordance with its provisions ? By reference to the section it will be seen that its languarge applies only to suits for the recovery oi “debts” due the State “or money, or property be longing to the State.” In reference to these a very broad discretion was given to the Governor He might institute suits if, in his opinion, he deemed it proper to do so. There was no compul sion upon him, but he was left to act entirely upon his own discretion. Were the proceedings in which said employ ments were made instituted for the pur pose of recovering “debts due the State, or money or property belonging to the State?” If so then there might be some reason to doubt whether the em ployments mentioned ought not to have been made in accordance with the pro visions of said section. But if on the contrary said proceedings were not in stituted to recover “debts due or prop erty belonging to the State” then the said section is not applicable thereto and there existed no legal obligation to make the employments referred toi* accordance with its provisions. Were the employments made in the suits instituted for the recovery of “debts” dne to the State ? The employ ment of Messrs. Me ay & Trippe, of W. A. Hawkins, and of W. T. Newman were made to aid in the prosecution of the cases brought in favor of the State against John Jones and the securities on his official bonds given as Treasurer of the State. The object of the suits is to recover damages for alleged misfeas ances and nonfeasances while Jones was acting as Treasurer. The damages sought to be recovered do not in any legal sense constitute a debt or debts due to the State. As well might the damage which would ensue from a wrong ful injury done tp tfie Capitol or the Ex ecutive Mansion of tbe State be termed a debt due to the State, as to so style the damage whioh results to the Com monwealth from a breach of official duty on the part of one of her servants. Section 6 3, as has already been stated, originated at a time when it was sup posed that much property or money of the State was in the possession of per sons who wrongfully withheld the same; aud it was to reach, in a well guarded manner, such cases that the act em braced in the sectipn was passed. It certainly was not intended* by the Leg islature to include actions for torts or for injuries in the nature of torts in this section. But there is another reason which shows conclusively that the suits against Jones are not covered by the language of said section. As has been already intimated in bringing the suits author ized to be brought under the section, the Governor is clothed with absolute discretion. It is not contemplated that any suit shall be commenced unless “he shall deem it proper" to institute the same. But how was it in reference to instituting the suits against Jones and his securities. By referring to the acts of 1875, it will be seen that the Legisla ture, by a joint repplution of the two Houses, ordered the Governor tp insti tute the suits. It was not left to his discretion to sue or not, as he might “deem proper,” bnt the bringing of the suit was imposed upon him by the man date of the Legislature. Suits brought under section 63 must be instituted in the discretion of the Governor. In the Jones cases the governor had no dis cretion, but was foroed to institute suits by legislative requisition. Again, section 63 applies only to cases to be brought after consultation with the Attorney-General, if there is such an officer. The Jones cases were brought by special order of the Legislature. The original act embraced ip section 63 con tains no repealing clause. It was in ten * ded to be taken in pari materia with all other Jew* pn *hp same subject, re pealing them only where it was in con flict with them, But I need not proceed fnrthp" to show that the Jones cases do rarinei *j,e class of cases referred not belong to to in section 63 of the o-. . . i All of the other employments referred to in the resolution were made (as x remember) in criminal cases except that of T. L, Snead. He was employed to examine the books and accoun * Henry Clews k Cos. in their transactions with the State. Hi* work waaperfom ed and his report is on file in the Execu tive office. Neither this employment, nor those in the criminal cases, can in any way be affected by said section. For the reasons hereinbefore given, and for others whioh Jigbt_ be stated, the employments referred to in the reso lution were not madd “according to the provision's of the Code, section 63. _ Hot sßii another inquiry is made in the resolution; U uiei Jaw were the amosfif# ;ef,erf,ep fo JP tion disbursed ? _ 0 Tbe Governor ia charged by the Con stitution end laws with the duty of aee ing that the laws are faithfully executed, anfl of preserving and defending the property wad rights of the State. In Derfor®iDfl thtie onerous duties, your Excellences predecessors, from the foundation of tlie govdrnmani, nave sometimes fonnd it necessary to employ t|i services of such counsel and other agents as the good of the Commonwealth seemed to require, and in such numbers as the gravity end importance of the oc casion demanded. Both the right and dnty to do this has been fatly recogniz ed by the Supreme Court of the State. At the January term of last year the Coart deoided, to use its own language, that “the Governor had the power and authority to institute suit against the defendants under the general power granted him of a general supervision over all the property of the State, with power to make alt necessary regulations for the protection thereof when not otherwise provided for, and to engagdf the services of any competent person for the discharge of any duty required by the laws and essential to the interests of the State, or necessary in an emergency to preserve the property or funds of the State.” The cases against the late Treasurer involved a large amount and were ex ceedingly complicated in their charac ter. When ordered to bring the suits by the Legislature, it was clearly the duty of the Governor to exercise the powers conferred by law upon the Exec utive that the legislative will might be carried out. A strong array of eminent counsel represented the defendants, and high as is my opinion of the abilities and experience of the late Attorney- General, I should have fallen below the measure of my duty to the State if I had left him to contend, single-handed, in such cases and against such odds. The criminal cases in which counsel were retained were the case of the State vs. John Jones, the several indictments against R. B. Bullock and others, and the insurrectionary cases in Washing ton county. Each one of these prosecutions was considered of sufficient importance to the public to require the employment of additional counsel to aid the proseout ing officers in enforcing the laws. Most of the aforementioned cases, with many others of great magnitude, are still pending in this and other States. Among others that might be mention ed are several cases brought in the State of Tennessee, involving over SIOO,- 000, and in which the State is the real defendant. There cannot be any re covery for the State in these oases, and counsel could not be paid as provided under section 63. Still, the interests of State demanded that counsel should be engaged to represent her in the cases. Can it be supposed that the Governor is left at liberty to employ counsel to de fend the State, aud fix and pay oertain fees therefor, but is forbidden to en gage connsel to sue for the btate, no matter what amount of interests may be involved, unless he can find compstent lawyers who will take the cases offered on speculation. In conclusion, I beg to say that while considerable amounts have been paid for counsel fees during the late admin istration, such payments, in every in stance, were rendered necessary for the protection of the public interests. The complications of the Treasury rendered legal aid and service necessary in New York, and also at home. Resistance in the Courts to the collection of the State revenues also involved heavy expendi tures for counsel fees in the State, and also at Washington City before the Su preme Court of the United States. The due enforcement of the laws required occasional disbursements from the Treasury. These expenditures were made necessary by the condition of the finances and people of the State. The question presented to the Executive in all such eases was : Whether he would allow a false notion of economy to con trol, or whether he would, in the spirit of true economy, use the means appro priate to secure a due enforcement aud acknowledgment of the supremacy of law, and for the proper protection of the money and property of the State ? In settling such questions, it was my pur pose simply to discharge my duty to the public. This, upon a review of my whole action, I am satisfied I did. I am, sir, very respectfully, your obe dient servant, James M. Smith, A STRANGE STORY. Entombed Alive—The Body ot a Man Placed In a metallic Coffin and Shipped from Cali fornia—But Regain* Consciousness While in Transit and Dies from Suffocation. [From the Omaha Herald, January 241A.] A week or two ago the Herald con tained an item about a rumor that was current among the Union Pacific express messengers that a corpse encased in a me tallic coffin, which was being shipped from the West for interment at some Eastern point, came to life while on the road, frightening the express manager, Frank Burgess, very badly. The matter, from the manner in which it was related by several of the express men, was treated as a joke. Foi some time past it has been the jest of the express mes sengers, who attributed the circum stances solely to Burgess’ imagination, and it was asserted that in his fright he drew his revolver and Fired at the Coffin. It dow transpires that the fears of the express messenger did not have their origin solely in his imaginntion. Reports came from ;he East yester day, from the point to which the sup posed corpse was shipped, to the effect that the coffiu had been opened and the most indubitable proofs obtained that life had not been extinct when the body bad been placed in the coffin, and that consciousness had returned to the man while he was being shipped in his air tight tomb to his grave, near two thou sand miles away. It appears that the body was that of a man who had left some Eastern State and vent to Oalifor- nia to regain his health, but he had died and was shipped to his firmer home for interment. When th Central Pacific train arrived at Ogden Junction the oorpse was consigned to tie Union Pacific Express Company and {faced in charge of Express Messenger Irank Burgess. While the train was in tie western part of Nebraska, Mr. Burgesi heard sounds proceeding from the coffin that led him to believe that the dead man had come to life. It was in the light, and be heard the sounds as he by dozing aud half asleep on the couch with which the express trains are furnisbtd. The hour and the circumstances wq:e sufficient to create in his half-dreamin| brain fancies that had no < xistence elsiwhere. Was it a fancy, begotten in thi presence of the dead, out on the treelas and illimit able plains of Nebraska, >r was ic not more likely that the inner mffia had be come loosened in the case,and that the moaning noise was oocashned by the iron rubbing against the wood of the case? Again the singula- noise was heard, and the attention at the messen ger was riveted to the coffit It was not renewed with sufficient dstinctness to determine from where it hti originated, and no examination was male. But Tfce Horrible Ppssl|lity That the dead might he alve thrust it self upon the messenger so-'orcibly that he called the attention of oher employ ees to the matter ; but afte listening a moment, they merely lanjbed at him and attributed his impressan to a mind but half recovered from thedfects of an unpleasant dream. The omvictions of the express messenger, hovever, were so strong that he had heardmoans ema nating from the coffin, affi indicating human life within, that he tiduced them o assist in opening the cae when the rafn made its next halt, ’.’he weather was very cold, and upon lie inside of the glass plate of the coffin here had ac cumulated a thin film of fust, such as would have been depositd by the breath of a person confined,n such nar row quarters. The face wd also drawn up against the glass platt and other disturbances showing sigm of life.— While Burgess had no dos>t that the man, Though Dead Then, Had Beu Alive Since being placed in the coffin, the other employes were not of thisame opin ion. They explained the acumulation of frost on the glass as the mural exha- of the dead body, %and the dis turbances of the corpse to the move ments of the shipping, ad nothing more was thought about the matter. A private dispatch received frqo Chicago last night making inquiries sonoerning the matter, states that when the coffin arrived at its destination aud vas open ed, unmistakable proofs of tfe terrible truth were discovered. The hnds were clinched, the lips bitten, and he mouth filled with bitter froth. Th< man had been alive, and it was his coning that had been heard bnt not recogtzed. The hoar at which thesclast facts were received, precluded the ossibility of learning from the books it the ex press company the name of daeased and the destination of the corpse*, Washington Lodge, Good ¥6lolll*, No. At the regular meeting of Lodge, Good Templars, thejfollowing officwrs were elected to serfe for the ensuing term, James H. Lane, W. G. % Miss Lula Ayer, W. V. T. Wm. T. Fluker, W.B. 8. Jeff. D. DUnwody, W. F. S., W. T. | J W lSalmon, W; t* £}.' E. M. Whitehead, W. 6. O. . Miss Laura Smith, P. W. 0.1 John A. Dyson, L. D. . This Lodge is located in Wasfngton, Wilkes eonnty, and we are gladb learn that it is doing good work in th| cause for which it was organized. GEORGIA LEGISLATURE. THE STATE CONVENTION BILL PASSED. The Bill Passes the Senate—Marietta and N.rth Georgia Railroad—The State Not Able to Build an Inebriate. Asylum. [Special Dispatch to the Chronicle and Sentinel,] Senate. Atlanta, February B. —The Conven tion bill was taken up and discussed in morning and afternoon sessions. An amendment submmitting the question of Convention or no Convention to the people was repealed by the President’s vote—yeas 20 and nays 20. The bill was then passed as it came from the House—yeas, 26; nays, 14. House. A motion to reoonsider the bill lend ing the credit of the State to the Ma rietta and North Georgia Railroad, pre vailed—yeas, 27; nays, 70. The committee to whom was referred the memorial from the Georgia State Medical Society have made a report, in which they recognize the necessity for such an institution, but regret that the condition of the State’s finances will not now justify any expense looking to the establishment of an inebriate asylum. P. W. Wednesday’. Proceedings. The following bills were considered in the House: Mr. Burch, of Elbert: To prohihit the sale of liquor within three miles of Eu reka add Bethel churches. Referred to Judiciary Committee. Mr. Gresham: To declare the Appa lachee river a lawful fence in Greene county. Referred to Committee on Ag riculture. Mr. Branch : To amend the act in corporating Greensboro. Referred to Committee on Corporations. Mr. Pilcher : To repeal the local op tion law so far as applies to the 169 mi lftia district in Warren county. Refer ferred to Judiciary Committee. Mr. Mills : To encourage stock rais ing in this State. Referred to Commit tee on Agriculture. Mr. Scruggs : To prohibit oitizens of Jefferson, Washington and Warren from selling liquor in Glascock county. Re ferred to Judiciary Committee. Mr. Walsh : For the relief of James MoAndrew. Referred to Judiciary Com mittee. Mr. Stokeley, from the Committee on Reduction of Judicial Circuits, reported that there was great inequality of la bor in the circuits, and they were of the opinion that tho judicial circuits could be reduced without detriment to the public. The committee reported a bill to fix the judicial circuits. Mr. Stokeley moved to suspend the rules to read the bill the first time. Messrs. Alfred and Black opposed the motion to suspend, and Messrs. Robson and Whittle in favor. The motion to suspend did not prevail. To amend the aot to reduce and regu late the fees of Tax l olleotors and Re ceivers. The Finance Committee re ported a substitute that the Tax Re ceivers in Bibb, Chatham, Fulton and Richmond be allowed a commission of li per cent, on their digests, and Tax Oollectois 2 per cent. Mr. Hillyer of fered an amendment that the bill does not apply to the officers now in office or recently. Tabled. To regulate the pay of the Commis sioners of Glascock county. Passed. To provide for the appointment of school trustees in sub districts in each county. Passed. To provide for an issue docket in the Superior Courts in this State. Judicia ry Committee offered an amendment to insert after Courts the words “of# the Macon Judioial Circuit,” and strike out the sixth section, that it do not apply to the counties of Bibb, Chatham, Fulton and Richmond. Amendments adopted. Mr. Davis, of Houston, offered an amendment striking out “duplicates” and inserting “duplicate." Amendment adopted, and bill as amended passed. THE SENATE MODIFIES THE CON VENTION BILL. Bills Passed—Railroad .Strikes—Convention or No Convention—Augusta Savings Bank— The Claims of Megr. Branch & Cos. and of Mr. Herring, [Special Dispatch to the Chronicle and Sentinel.] Senate. Atantv. < a., February 9.—The fol lowing bills passed: To amend the Constitution forbidding forever the payment of fraudulent bonds. To exempt from taxation cotton, corn and other products in the hands of pro ducers on the first day of April. To protect the people of Georgia from illegal conduct of employees of railroad companies. >The action of the senate on the Con vention bill was reconsidered, On mo tion to reconsider, the vote was: yeas, 23; nays, 20. An amendment was then adopted, submitting the question of Convention or No Convention to the people, and the bill phased, as amended, by yeas 22; nays, 21. An effort will be made to reconsider to-morrow. The tax act was taken up and discuss ed without being disposed of. The bill to amend the charter of the Augusta Savings Institution was passed. The Joint Finance Committee agreed to-night to report the bill to fund the endorsed bonds of the Macon and Bruns wick, North and South and Memphis Branch Railroads in six per cent, straight-out bonds, the principle and interest to be funded. The Joint Finance Committee have reported in favor of the bill to pay the claim of Branch & Cos. and W. F. Her ring. The committee are unanimous in favor of p ssing the bill. P. W. Thnrsday’s Proceeding*. The following bills were considered in tbe House: To repeal the act to amend section 4,401 defining tbe punishment of hog stealing. Mr. Hood opposed the bill. It would operate agaiost hog raising. Lost. To amend the act to limit and define tbe jurisdiction of the County Court of Elbert county. Passed. To amend the act incorporating the Trustees of the Masonic Hall of Au gusta. Passed. To amend the act to create a County Court in Greene county. Passed. To forbid executors, administrators and guardians from investing fands in other than bonds of the State, With drawn, To amend the act to regulate and re strict the rate of interest in this State. The Judioiary reported adverse to its passage. Mr. Wilkes moved to disag lee to the report of the committee. Mr. Black moved to table the bill, which motion prevailed. To make superintendents and other proper officers of railroads pay true value of all stock killed or damaged, with 10 per ceut. interest. Judiciary Committee reported adverse to the pas sage, Mr. Stokely moved to disagree to the report of the committee, Mr. Jordan, of Hancock, moved to lay the bill on the table, whioh motion did not prevail. Mr. Hood moved to indefinitely post pone the bill, which did not prevail. The report was disagreed to by yeas, 51; nays, 55. Mr. Pilcher offered an amendment “unless it be ma’de to appear that tbe railroad is enclosed 1 y a fence at least 44 feet high.” Messrs, Hood, Fry Davis of Houston, and Stewart of Spalding, opposed tbe passage of the bill. On motion of Mr. Polhill, the bill was recommitted to tbe Judioiary Com mittee. To prohibit the sale of liquor in tbe 82Jst distriot of Lumpkin county.— Passed. To change tbe lines between the conn ties of Troup and Coweta, Passed. To provide for the payment of insol vent costs to the officers of Clinch coun ty. Withdrawn. To provide the manner of tax sales by municipal corporations. Passed. To ohange the time of holding Burke Superior Court. Passed. To change the lines between the ooun ties of Taliaferro and Greene. Passed. THE AUGUSTA AND KNOXVILLE RAILROAD. The Convention Bill—The Finance Commit tee** Recommendation— Augusta and Knox. ville State Bonds. [Special Dispatch to the Chronicle and Sentinel.] Atlanta, February 10. —The Conven tion bill was not reconsidered by tbe Senate. It will corns up in the House Monday. The tax act passed the House to-day. The House Finance Committee have recommended that the bill obartering the Augusta and Knoxville Railroad do pass with State aid provisions stricken out. The House Finanoe Com mittee also recommend that the bill to pay the claim of J. Boorman Johnson A Cos., amounting to’ eighty thousand dollars, do pass. This firm holds as oollateral one hundred and twenty thousand dollars in currency and bonds, render white ’tbi’StWlSajfr IMJwmey advanced oh the libnds. ■ 'P? tj? At home or abroad get Dr. J. H. Mo- Lehns Strengthening Cordial and Blobd Pnnfier— all oyWr the world as tha best tonic, invigoraltojr ad purifi er of the blood. For pnny and weak children or delicate females, an abso late necessity. Dr. J. H. McLean's of flee, 314 Chestnut street, St. Lonis- Mo. w THE GRAND_ A DECISION l PON THE FLORIDA CASK TODAY. Possibilities of Throwing Out the State—The Line of Policy Inaugurated Calculate! to Demolish U aus, of Oregon—A Black rye, But Nothing Serious. Washington, February B.— The stun ning effect of the party division of the Commission on the main question yes terday is somewhat dissipated this morning. The Union claims that, in all essential particulars, the question is be fore the Commission in the shape indi cated and desired by Mr. O’Conor in his opening statement. The Commission convened in open session. The proceedings now in order, under orders were adopted. Mr. GreeD, oounsel for the Democrats, called Geo. P. Bae, of Florida, who was sworn. Question : “Were you present when the writ of quo warranto was served ?” Evarts objected to the question as not within the order. The Court sustained the objection to the question. Green then presented the certificate from the Clerk of the Court that no re signation was filed np to January 24tb, 1877. Green announced that that was all the affirmative evidence they pro posed to offer. Humphreys sworn. He produced Woods’ letter accepting his resignation. Another letter reoeived, dated October 6th, 1876, from the Collector, request ing witness to turn over books and pa pers of his office. Merrick objected to the last paper. Clifford announced the case ready for argument—two hours each side. The argument was commenced by Judge Hoodley. The argument iu the Florida case has closed; each side used their powers in argnments, which was very close and technical. The Commission will take the oase into consideration early to mor row morning, and it is expeoted will reach a result during the day. The Democrats have little hopes of auything more favorable to them than the throwing out of the vote. The contest in the Louisiana case will be over the legality of the Returning Board itself. It will be claimed that there has been no canvass of the votes and that electors have not been appoint ed. The same excellent authority which furnishes these rather discouraging foreshadowings expresses absolute confi dence that the Commission has inaugu rated a line of procedure that must throw out the vote of Watts, the Oregon postmaster. Evarts closed argument on the Repub lican side. He said the wisdom of the method and order of this examination, adopted by the Commission, has fully approved itself iu its execution. The intelligent and experienced minds of the Commission saw at once that all the de cisive lines of the oontrover y were to be determined on the limitations of its powers nd the limitation of the subject matter. In the full discussion accorded to oouusel, aud iu the deliberation of the Commission, the result is declared in this form and to this effect : That the Commission will receive no evidence, but will merely inspect the certificates whioh the Constitution and laws of the United States have authorized for transmission, and whioh the President of the Senate has opened iu the presence of the two houses. The Commission has deoided that in one par ticular it will receive evidence touching the eligibility of one of the Florida elec tors. Ido not understand the Commis sion to have over passed the question what the effect is as to the acceptance or rejection of a vote thus challenged for ineligibility, but to have deoided that on point it will receive the evidenoe whioh may be offered, first, as to wheth er the exception taken to Humphreys’ vote is maintainable, and, secondly, whether if maintainable and maintain ed; the methods of the Constitu tion permit of any rejection from the certified vote transmitted and opened on that ground. Mr. Evarts in his ar gument did not elaborate on the last position; he left the subject after showing,as he claimed, that Humphreys was clearly eligible. The question sug gested whether the Commission bad power to reject a dearly illegal vote, he did not discuss. Mr. Merrick closed the argument on the Democratic side. In the oourse of his argument the following occurred : Justice Miller: “You say that the dis tinction between the mau who aocepts the office of Senator aud the man who accepts the office of elector is that, in the one case, the objection goeß to the power of the State and iu the other it does not. What is the difference in the power of the State ? Mr. Merrick: “In the one case, the prohibition is that no person shall boa Represenative or Senator who has not attained a certain age. In the other case it is that no person Bhall be ap pointed an elector who holds an office of trust or profit. Whenever there is a power given to do an act the donor of the power can only exercise it according to the precise instructions and limita tions of the donation.” FLORIDA’S VOTES GIVEN T O HAYES AND WHEELkH. A Strict Party Vote Scores Four More For infamy’h Cause—No Right to Break the Broad Seal Humphreys Eligible—The Court to Proceed To-Day—Louisiana Next In Order—Will the Board Be Censisteut With Oregou ? Washington, February 9. he Com mission in secret session stated that each member will present an elaborate reason for his vote, which may prolong the session till to-morrow. The Commission decided not to re move from secrecy* until 10 o’clock to morrow. It seems understood that the Commission has decided to givo the State to Hayes, but it is claimed that the oonolusion was reached by two Re publican members of the Court upon grounds fatal to the final success of their party. It is true that neither party is happy over the little that has transpired. The Electoral Commission, by a vote of 8 to 7, decide that the four elec toral votes of Florids should be counted for Hayes and Wheeler. A final report was signed by Bradley, Edmunds. Fre linghuysen, Garfield, Hoar, Miller, Mor ton and Strong. The Commission oontinued in session until half-past eight. Each of the fif teen members made elaborate state ments of their views of tbe case. The following resolution was adopted: Resolved, That the four persons, to wit : Frederick Humphreys, Chas. W. Pearce, Wm. H. Holden and Thos. W, Long, are duly appointed electors of President and Vice President for the State of Florida, aud that the votes cast by the aforesaid four persons are the votes provided for by the Constitution of the United States. The vote in debate on this resolution was as follows : Yeas—Bradley, Ed munds, Frelinghuysen, Garfield, Hoar, Miller, Morton aud Strong. Nays— Abbot, Bayard, Clifford, Field, HuntoD, Payne and Thurman. In the case of Humphreys, Judge Clifford was of the opinion that holding the office of Snipping Commissioner would have rendered him ineligible, but that bis resignation of the office before the election was valid, and in this view of the case action on the objection of his vote, made by Senator Jones, of Florida, was abandoned. These pro- ceedings will be presented in joint ses sion to morrow, when the count pro gresses to Louisiana. In the formal report to the joint ses sion the Commission will assign the fol lowing reasons for their deoision: First. Tbe Commission exeroising the powers of both Houses under the law, and having examined all the certificates and papers referred to them, fiDd that they have no authority to hear evidence Mliundi, or, in other words, to hear evi dence outside of the certificates of the Governor of the State of Florida, found ed upon the determination of the Canvassing Board as to ita vote.— Second. The Commission could not consider, as evidence, any act of the Legislature or Courts in determining whom tbe State had appointed as elec tors after the day the said electors gave their votes. Third. In regard to the al leged ineligibility of F. C. Humphreys, there was not sufficient proof that he held office on the 7th of November. SUBMITTAL OF THE COMMIS SION’S DECISION. President Ferry Read* Before Both Houses, In Joint Session, the Florida Decision—Tbe Tilden Returns Inadmissible, and the In eligible C harge Not Made Out—Objections to tbe Florida Decision, and the Conse quent Delay, Washington, February 11.—The com mittee to draft a report of the decision of the Commission, with a brief state ment of the reasons therefor, was Ed munds, Bradley and Miller. The third reason attracts great atten tion. Third. In regard to the alleged ineligibility ofF. Humphreys, there was not sufficient proof that he held office on the 7tfFof November, It' may beheld' that the elections by tbe college of Louisiana cured the ineli nihility of Lfcvisee and Brewster, but in the case of Watts, of Oregon, the revised stWuieiJ declare him* postmaster when he oast Bits'vote for Hayes, notwith standing hi° resignation and its ac- M |he Joint session convened, and the result us Reported* last" night was an nounced. The c/oyaed 11 gfjjleries are listless. After the reading of the report, Bep resentative Field presented objections signed by the required number of Sena tors and Representatives. This involves a separation of the Houses for considera tion, and will delay the prrgress of the oount. All interest in the case has ceased for to-day. The President of tl e Senate ordered the following read : Electoral Commission. ( Washington, D. C., Feb 9, 1877. j To the President of the Senate of the United States, presiding in the meet ing of the two Houses of Congress, UDder the act of Congress entitled an “Act to provide for and regulate the counting of the votes for the President and Vice-President, for the decision of questions arising thereon, for the term commencing March 4th, A. D. 1877.” Approved Jan. 29, A. D. 1877. The Electoral Commission mentioned in said aot having received certain cer tificates and papers purporting to be certificates and papers accompanying the same of the flectoral votes of the State of Florida, and the objections thereto submitted to it under said aot, now report that it has duly considered the same, pursuant to said act, and has decided, and does hereby decide, that the votes of Fred C. Humphreys, Chas. H. Pearce, William H. Holden and Thomas W. Long, named in the cer tificate of M. L. Stearns, Governor of said State, which votes are certified by said pjysons as appears by the cer tificate submitted to the Commission as aforesaid and marked No. 1 by said Commission, and herewith returned, are the votes provided for by the Constitu tion of the United Staten, and that the same are lawfully to be counted as there in certified, namely: Four votes for Rutherford B. Hayes, of the State of Ohio, for President, and four votes for William A. Wheeler, of the State of New York, for Vice President. The Com mission also has deoided aud hereby de cides and reports that the four persons first before named were duly appointed electors in and by the said State of Florida. The ground of this decision, stated briefly, as required by said aot, is as follows: That it is not competent under the Constitution and the law as it existed, at the date of the passage of said act, to go into evidence aliunde— the papers opened by the President of the Senate in the presenoe of the two Houses to prove that other persons than those regularly certified by the Governor of the State of Florida in and according to the determination and declaration of their appointment by the Board of State Canvassers of said State, prior to the time required for the performance of their duties, had been appointed elect ors or by counter-proof to show that they had not; and that all proceedings of the Courts or ao s of the Legislature or of the Executive of Florida, subse quent to the casting of the votes of the electors on the prescribed day, are inad missible for any such purpose. As to the objection made to the eligibility of Mr. Humphreys, the Commission is of opinion that, without reference to the question of the effect of the vote of an ineligible elector, the evidence does not show that he had the offioe of Shipping Commissioner on the day when the elec tors were appointed. The Commission has also decided and does hereby de cide aud report that as a consequence of the foregoing and upon the grounds stated, neither of the papers purporting to be certificates of the electoral votes of said State of Florida, numbered two (2) aud three (3) by the Commission and herewith submitted, are the certfi cates or the votes provided by the Con stitution of the United States, that they ought not be counted as such. Done at Washinton, the day and year above written. [Signed] Samuel F. Miller, W. St ong, J oseph P. Bradley, Geo. F. Edmunds, O. P. Morton, F. T. Frelinghuyßon, Jas. A. Garfield, Geo. F. Hoar, Commissioners. The objection was then read and joint session broke. The House without fur ther business took a recess to 10 o’clook Monday. Senate. The President laid before the Senate the following: Washington, February 9, 1877. Sir— l am directed by the Electoral Commission to inform tha Senate that it has considered aud decided upon the matters submitted to it uuder the act of Congress concerning the same, touching the electoral votes from the State of Florida, aud herewith by direction of said Commission I transmit to you the said deoision in writing, signed by the members agreeing therein, to be road at the meeting of the two Houses accord ing to said act. All the certificates aud papers sent to tho Commission by the President of the Senate are herewith returned. Nathan Clifford, President of the Commission. To Hon. Tfios, W. Ferry , President of the Senate. The Senate then repaired to the House, and, upon returning, the Secre tary read the objections submitted. An objection to the motion for recess to Monday was urged by the Democrats. Lost by a vote of 26 to 44 -a strict party vote. Sherman offered the following : Pfkolved, That the decision of the Commission upon the electoral vjAes of the State of Florida stand as ment of the Senate, the objections made thereto to the contrary notwithstanding. Adopted by a strict party vote. Recess to 10 o’clock Monday. An Emphatic Protest. An objection is intorposed by the un dersigned, Senators and Representa tives, to the deoision made by the Com mission constituted by tbe act to ap prove and regulate the counting of the votes for President and Vice-President, and ’be decision of Questions arising therefrom for the term oommeuciDg Maroh 4 h, A. D. 1877, as to tbe true and legal electoral vote of Florida, on the following grounds: The deoision determined that the vote cast by O. H. Pearce, F. H. Humphreys, W. H. Holden aod T. W. Long, as electors of Presi dent and Vice-President of the United States in and for, or in behalf of the State of Florida, is tbe true and legal electoral vote of the said State, when, in truth and in fact, the vote oast by Wil kinson Cali, J. E Yonge, Robert E. Hilton and Robert Bull .ck is the true and lawful vote of said State. For that tbe said Commission refused to receive competent aDd material evidence tending to prove that O. H. Pierce, F. C. Humphreys, W. 11. Holden and F. W. Long were not appointed electors in the manner prescribed by the Legisla- ture of the State of Florida, but were designated as electors by the Returning Board of said State corruptly and fraud- ulently, in disregard of law, aud with the intent to defeat the will of the peo ple expressed in the choice of Wilkin son Call, J. E. Yonge, R. C. Hilton and Bobt. Bullock, who were legally and regularly appointed electors by the State of Florida iu the manner prescribed by the Legislature thereof. Third. For that the decision aforesaid was founded upon the resolution and order of said Commission previously made, as follows : Ordered, That no evidence will bo received or considered by the Commission which was not sub mitted to the joint convention of tbe two Houses by tbe President of tbe Senate, with the different certificates, except such as relates to the eligibility of F. O. Humphreys, one of the electors. Fourth. For that the said decision excludes all the evidence taken by the committees of Congress concern ing frauds, errors and irregularities committed by the persons whose certifi cates are taken as proof of the duo ap pointment as electors. Fifth. For that the said decision ex- cludes all evidence tending to prove that tbe certificate of Stearns, Gov ernor, as also that of the Board of State Canvassers, was. procured or g ven in pursuance of a fraudulent aud corrupt conspiracy to cheat the State of Florida out of its rightful choice of electors, and to substitute therefor those who had not been chosen as appointed electors by said State in tbe manner provided by the Legislature thereof. Sixth. For that the said Commission refused to recognize the rights of the Courts of the State of Florida to review and revise the judgments of the Re turning Board or Board of Canvassers rendered through fraud without juris diction, and rejected and refused to con sider tbe action of said Courts after their decision that Pearce, Humphreys, Holden and Long were not entitled to east the electoral vote of the State of Florida, whioh said decision was ren dered by a Court of said State lawfully brought before said Court, which Court diad jurisdiction over the subject matter therefor,and whose jurisdiction over the said Pearce, Humphreys, Holden and Long, had attached before any aots was done by them as electors. Seventh. For that said decision ex cludes all evidence tending to show that the State of Florida, by all the depart ments of its government—legislative, judicial aad executive—had decided as fraudulent all tbe certificates of Stearns, Governor, as well as that of the State Canvassers, upon which certificates the said GomKricrion has acted, and by means of which the’true electoral vote* of Florida have been rejected; ttfid false ones substituted in their place. 1 ■ Eighth. For that the count of the votes of Pearce, Humphreys, Holden and LoDg for President and Vice-Presi dent would be a violation of the Consti tution of fJnited States. Signed by Senators Jones, Cooper, Barnum, Jxerrian, 1 S'aulspnry and Mac- Donald, abd 1 Represen tatiyps Rnoti. Field, Holman, Tucker, Thompson; Jenks, Finley, Saylor, Ellis, Morrison, Hewitt and Springer.
