Newspaper Page Text
(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.