Chicago Daily Tribune Newspaper, November 22, 1876, Page 1

VOLUME XXXL CLOTIRING. {SSIGNEE SALE. $50,000 BTOCK OF e CLOTHING, FOR MEN AND BOYS, golliog BELOW NEW YORK COST. Al goods markod in plain flgures. EENRY W, WOLSELEY, ASSIGNEE OF EDWARDS & BROWN 160 STATE-ST., 126 MILWAUKEE-AV. B e [T.NTEWART & CO, Are in want of several flrst- cass General Salesmen. Those ' of ability and experience, who can influence a large trade, will peliberally dealt with. Apply pereonally or by letter, with references, to Fabash-ay. & Washingfon-gt. FLOUR, FLOUR. The “ Oviental DMills,’* Madison- # Bridge, deliver, free of cartage, the Cholcest Grades of Patent, Win- ter Wheat, and Spring Wheat Flours, of our own manufacture, at prices less than the same quality can be purchased elsewhere in the city. Quality guaranteed in every case. HMoney refunded if not entively sat- Wactory. ¥e malke a speclulty of cholce Fresh-Ground Oat IMeal, Graham Flour, Pearled and Cracked Theat, and Buckwleat Flour. Or- ders by mail receive prompt atten~ tion, Address ORIENTAL MILLS, Madlson-st. Bridge. THE CANADA frManufactiring Co. Kadison-st., N, W. Cor. Franklin, Hn,mnnfilu customors the LEADING JOBBING LOUSES {n the West—n sufliclent muatanteo of the SIERIOR 'WONKMANSHIP, STYLE, AND SUALITY of its gooie, and of LOW PRICES. est d(lsl]lly of Seal and Mink Sucques, Nova Kolla Mok Seta, otc., ate, Tine ¥or Trimmings o epecialty. : brgeand well-assorted stack of Buftalo, Wolf, wedother Slelgh Tobes, 4oy goods made to order at shortest notico. BEAK & BUCHER. Mink and Sealskin Sacques. I'urs of every description. Best goods. Lowest prices at Jo 8. BARNES £ CO., 70 Madlson- FINANQIAL. e A AN AR SRS AR ey chol 2 e ffimlo:gw;.:m“mu busincas property at CUDDER & MASON, 107-100 Dearborn-st. lirmaot 815,000 and upward on chofes Inelds real e, Smalie ent. SO AVET €86 120 Lasaite-st. C0¢7 1o loan fn sume of $30,000 and upwards on Ui clty pmp ory: O A DR RO 1o Waahinksuneaty JHewon WIXWMA; EMIIIIIUIWGIHRI'A AnTlEmSvlu h 63 City Cerlf; ot ¥op ity Con ncui--n{muflfw on Tieats and e ———————— — ! STOCKHOLDERS MEETINGS. AR A AN PRI N AR A 7 0 Stookholders Meeting,. Cuicago, BuninaroN & QuiNcy Itdnoan Cowrany, y nicaco, Nov, 3 CITCE~A mecting of ‘Stociboiders. fi_this facyeny wiil bo kiold at the oflice of the Company, L, % Monday, Dec, 11, 1876, at 11 o'clock ‘\u}'u:"“ Elul;ma of laying bofore stockholdors Bk Of the Directars In acquiring 8t. Louls, Waigea2d & Chlcago Tiailroad, and for such other *4 38 may legally como bofora the meoting. AMOS T, MALL, Bocrotary. ASSESSMENT. ‘:‘k; 1t hereny given that the fifth fnstallment ey outh Park Asscasment, with the accruod Tongy 3490 8d *payablo ot the ofice of the laalon, 67 Dearbora-st. S W, L. GREENLEAP, Collector. Mfiv. MAKES TilR DEST SB Photographs INTHE CITY. = West Madison-at, BEAL ESFATE, l}}icMflauvav. Residence for Sa'e, - bargaty, g oo Fint-claa Rtestdence, contatning all Bty PTOTEmEnW, on Mfchigan-av., with 60 70 309 0 D Namely: ONIEN- . . Yamily Soap in the United TAL DETHRSIVE Im‘*auo ,:',2“5_':{‘ MoKHONE, \w Tribuns ovice, for three days, SOAP. Does not sbrink VAN HAAGHN Iphiy, wud g rovaryiias il nold by 600 leading HOARS, Flaiiels. It I tha oldest CHICAGO, ‘WEDNESDAY; NO SMBER 22, 1876. THE CONUNDRUM. Nobody Has Guessed It, and . Nobody Gives It Up. No Solid Comfort Yet for the Armies of the Ins and Outs. The Louisiana Board Pro- ceeding Steadily with the Count, A Demoocratic Protest Against Count- ing Certain Irregular Eleot- oral Tickets, Hampton’s Election in South Carolina Generally’ Conceded. The Ex-General Kinflly Attests to the Worthiness of Gov. Hayes. Order from the Florida Court to Commeneca the Canvass. Gov. Stearns Restrained from Intorfor- ing with the Voto on Elcetors, Some Interesting Facts About the Twenty~second Joint Rule. It Never Was Constitutional, and Is Not Now in Force. [ The President of the Senato Alone Au- thorized to Count the Elect- oral Vote. . LOUISIANA. RETURNS FAVORABLE TO MATES, Spectal Ditpaich to The Tridune. New Onuraxs, Nov. 21.—Tho Returning Board to-day passed upon six parlshes from which there were no protests, nnd flve others, {rom whicli there wero protests, were lald over for future actlun. The firm course pursucd by the Board Int refusing to he delayed and brow- beaten by the Democratic attorness cannot bo too highly commended. Among other docu- ments was one recelved from a bulldozer In New York, addressed to Gov. Wells, threatening as- sassination In case Tildon wos not counted i Gov. Paliner, and other gontlemen representing the Democrats, denounced the seutiments ex- pressed in unmensured torms: Sufllelent re- turns have been recelyed to leave no doubt that Packard ond the whole Electoral tlcket ara cleeted, throwing out such polls ns cven the Northern Democrats must concede to be unfair. COUNTING UP, 7o the Western Assoctated Press, New Onecans, Nov. 2L—The Returning Board ot 11:15 opened its doors to the press. About twenty versons only were in the raom, including members of the Board, representa- tives of tho two Commitices, stenographers, clerks, ote, Messrs, Wells, Cansanave, and Kenner were already present, Mr. Anilorson arrived a few minutes after. At about 11:85, when the Board was called to order, Gov, Wella was anxious to open the door and admit the crowd outside. ‘rhis was done, and the Democratlc Comimittee on Elections wus admitted behind the bar, followed by f- teen persons who happened to be in attendance, not hoping for such a concession. Mr, Zacharle then filed the protest that he had given notlco of on Monday ou behalf of the Democratle candidates for Congress, The Board conferred some flvo or ten minutes, when Mr. Wells then moved that the Board now £o Into exccutive sosslun, Thls was at once done, and the hall cleared, The Committee of Northern Repullicans fo attend the scssion of the Board has been changed since Monday's meeting, and now con- alsts of Messrs, Benrdsley of Ilinols, Eugene Hale of Maine, Vau Allen of New York, Btoughton of New York, and Qarfleid of Ohlo, OUDEI OF BUSINEa8, ‘The Board sits on all parlsh returns {n exceu- tivo scasion. During this session the only per- sons preaent arc the two Cominittees of gontle- men from the North, The action during this exceutlve sesslon Is as followa: The returns of a parish nra taken up, placed on the table where the Chairmen of tho two Committees, Democratic and Republican, are seated by the slde of tho members, These gentlemen aro then {ovited to examine them and see whether thoy have been disturbed or tampered with,: ‘The returnw are then opencd and the consoll- dated voto of tlie parlsh for each Elector called oft. ‘The returns uro thon handed to the clerks, who verlfy the additions made by the Commiss sloners of Election, It these prove correct, the members of the Board slgn and approve thun, ANOTIILL FROTEST, Judge I M. Spofford, counsel for certaln Democretic eandidates, flled n irotest against belog excluded from the room Jurlug the can- vasa of the returns, and sgalnst the executive and sccret sessions of the Board, STILL ANOTUER. Counacl for the United States Bupervisors of ZElectlon filed o protest against the oxclusion of Bupervisors durlng the canvass and compiiation of the vote. The following is the ground of the rotests That under the fifth scction of the nited States act of Feb, 28, 1871, they aro to be and remain where the Imllnt.-boxes are kept at all times atter the polls are open untll each oud eyery vote cast at sald time und place shalt bo_counted, and thecanvass of all the vates polled Lo wholly completed, and the proper aud requisite cortificate or returns made,whether *sald eertiticata or returns be required under any law of tho United Statcs or any State, Turrito~ rial, or munlcipal law; that under sald law United Btates District-Attorney J, R, Duckwith, under dato of Oct. 80, 1673, jrave his written oftlclal oplufon for the fnstructlon und quidanco of persous holding oflices now helll by the prot- cstants, wherein suld United States District-At~ torney sofd: 1t cannot ba doubtod that the duty of the SBuper visors uxtonds to the luspection of the entire olec- tion, from its commencement to the declsion of §ta zosults. If the United Statas siatutes wero less "5 cit there still could bo no douht of the duty and authority of the Bupervlsors to inspect and canvass overy vote cast for each and overy candi- dute, btate, parochial, and Federal, As the law of the State nelther provides nor allows any separation of the elcetion for Repre- scntatives In Congreas, cte., from the election of Stuto and parlsti oflicers, the clection s in law o slugle electlon, and the émwur of the fuspec- tion vested by law fn the Bupervisors nwmh:lcd bry the Court, which extends to the entire elee tion, a full Knowledgeof wideh moy well become necessary to defeat fraud, in which opinfon the Attoruey-Ueucral of the Btate of Louisiana vo- fuclded.” Whercupon protestants claim adinit- tance to all sesslons of the Returning Board, aud protest against thelr excluslon a3 unwarg ranted by law, a8 inforned by thelr ottorneys this has becn done and fs conteinplated to be doue hereafter fu sald proceedingauf said Boapd, Protests were also filed by counrel of caudi- dates for oflico ngalust seere! seaslons, ete. TIE DISPUTED ILECTORS, Counsel for the Demueratle candidates alsa protested on behalf of the Democratic Electora aualnat counting dn the five Repaibilean Fleetors not nanied on the tickets used In tha Fourteenth Senatorlal District, Tha tlckets contalned the names of W. P, Kelloge, J. H. Burel, Oscar Joffrefon, and no others. Coune sul protested againat, firat, tho counting of sold balluts which fave not been cast in favor of eall Joscph and others named for any other Electors except these' specially named upon sald tickets or ballots; sccond, the permitting of returns from sald _parishes to stand, eapeclally of Iberls and St. Murtins, showlng all such baollots to have been cast for #all Juseph and others, they being fn safd re- spect falso aml fraudulent, and so to bo consli- ered beforo this body, aud safd votes to be counted for any Electors except sl Kellogg, Thurch, and Joffreion, whope names only are on sn'llx_l'bnlluu. iatasidin i o e protest {8 haged upon grounds as:follows: That the title to the pumlun of Elcetar can be derlved only by vote of the people, and no vote can be given aid counted except when pilaced in the bullot-box. That Electors were chessen un- der the election laws of tho State, v/hich re- quire that the names of the persons voted for and the oflico shall be accurately specified on the tickets. ¥ The Cominittee have asked for an Investiga. tlon of the facts, A simllar {.rulcat. was filed against. the count- Ing of 2,200 bnllots cast in the parishes of Con- cordiu aud Natchitoches for any Elect ors except tkose nomed on the tieket—Kellogw, Burch, and Brewster. The parishies fu the E'ourteenth Senatorial Distaict are Iberis, 8t, Martin, Iber~ ville, and West Baton Rouge. HETURNS. The Board wasIn cxecutive seacion about three hours, and In this time examined returns in p number of parishes, laying thoss sslde fn which there were contests or protests for action after the uncontested parishes nre examined, It i3 !nuflr)l that there aro contests innwarly all the parishes, The parishes canvassed by the Returning Board are: Darish, Ascenslon... Tden. Iayee, 21,2007 9 1,605 1208 Bl 245 fi2 1,087 136 anL 8L Jamen....... i 1087 St. Jubn Baptist . T3 1,28 These figures do not differ mriterially from the duplicate poll-lists in the handsi of the Dem- oeratie Committee. Of the ning parishes can- vaesed, only two gave Democratic majoritles, showlng that most,of the protests are by le- publicaus In Democratic parishes. A DEMOCRATIO STORY. A delegation consisting of fifteen tolored men from various precincts i Ounchita Pacish called onsthe visiting Democrats at the t3t. Charles Hotel to-day, They Lind all heen mwmbers of the Ropublican party. Several were rceently P'residents of chuhllmn clubs, and gave the reasons whf they had changed and led their re- spective followers to the polls to vote the Dem- ocratie ticket, 5 SOUTII CAROLINA, JUDGE CARTTER'S NAKRATIVE. Special Dispatch to The Tribune, Wasuinaron, D. C., Nov. 21.—Chlef-Justico Cartter, who went to South Carolinant the request of the President, hos returned. Hey says that the8tate has mouo for Hayes anil Hampton, and that it will be utterly finpossibls to reverse tho result so far as Ilnyes Is concern. od.’ He s, morcover, confident that the Deno- crats do not wish to reverse it. Ilo glvesn somewhat different view of the situation £1:om that which reaches the North in the ordituary press dispatclies. e says tho Democrats zande a Ilnyes and Ilampton canvass. ‘Thelr stalo was the Btate. Judgo Mackty, a Republican, and s very aoble man, spoke from tho samo stump with Hzmpton throughout tho canvass. He says to his "knowl- edge Lismpton made but one alluslon to ination- alfssues, This was that, 60 far.us he was con- cerned personally, hie could vote for Mayes und ‘Wheeler with great pleasure, Judge Cartter docs not bulieve the result witl be reversed as to Hampton, who has secured abount, theisame na- Jority us Hayes, 1,100, It Is a fuct that muny negroes voteil for Hamp- ton, and it I8 also a fact that inthmidation pre- vafled fu many countics. On this subjoct Judge Cartter says the half has not been tobd, Whilo Jie was Ju the Stato he hadws conversa- tlon with BITTING-BULL DUTLEN, the Jeader of the Hamburg and Edglald mas- sacres. Butler admitted all the facts which proves that an armed orgunization cxlsts to intimidate the negroes, but derded the conclu- slon,” Butler safd it wus u fact that, while the Democrats, armed, mounted, dressed in red shirts, did rldo about tho country roads, he clalined that they Jind the right to, and that if: the negroes were frightened therchy the Con- stitution wos not violated, and no one was to blawe, The Republicans and colored men gen~ erally in the State, if Hampton is Insugurated, feel that a serlous future fs hefore thom. Gov. Chamberlain’s fricnds ore concernod about his lite, Judge Curtter shares this ap- prehiension, hut o says that A PISTOL WOULD NOT BE DRAWN IN THE S5TATH FOR TILDEN, The stake of the Democrats was alone the State. Judgo Cartter found no Democrats fn SBouth Carolina who doubted tho ctection of Hayes, and ho found many who were giad of it. Judge Cartter saya the count was perfeetly free and falr, Thero was no attnnpt to Intimidata tho Board, The nearcat approach wss n remark dropped in a low volee by the flrecater M, W, Gary, who, when the Board {ndleated its fnten- tion to canvass tho vote with none® present but the Committecs of tho two partles, sald that he should stay or by dragged out. Ho did not stay, and was not dragged out. ,CANNABSERS' REPONT YO THE BUPREMX COURT. Coruania, 8. €, Nov, 2L.—Ths Board of Canvnseers made o report to the Supremo Court to-day on Elcctors and Btato ofllecrs, The Court now permits the Board of Cunvass- crs to declde only Cougressmen and Leglulators, as fndicated by the returns, ‘This action will declde thoe question of Governor. ‘The Conrt will act to-morrow regarding the report of the Board on Electors ana Stato ofll- | cers. Ex-United Btateg Attorney-Genoral Akerman, United States District-Attornoy Corbin, and ex- Congressman Elllott (colored) appesred ns at- torneys for the Rupublican candidutes, FLORIDA. ORDER OF COUNT, « TALLANASSEE, Fla., Nov.21,—The attorncys of the Democratic munsgers yesterdny applicd 1o Judge White, of the Circult Court, for two orders,—one restraiuing the Governor from canvassing tho roturns of the Electoral vote, or {ssulug his certificate to any Elector or Electors ‘unless by order of the regularly appolnted Board of Canvasscrs, aud nnother In the shapoof a mandamus to the Returning Board ordering them to proceed at once to a canvass of tho votes, The Judge granted the injunction prayed for temporarily, and ordercd the Gover- uor to ehow causs ow Thursduy next why the injunction should not be fssued pormancutly, Hu also issued an order commnanding membura of tha Returning Board to show cuuse next ‘Thursday why tho mandamus ordering thom to proceed to.canvass at onco should not be issued. Lapers wevo served this evening, ‘There is an appeal from tho Circult: Judge to tho Bupremia Court, subject, -howevor, to this possible difticulty: The Bupreme Court is not now In sesslon, aud will not convene in regular scasfon until mext January, If it docs not, of ita own volition, convene in extra sesslon betoro thodth of December, wheu the Electors® certifi- cates are obliged to {ssue, therc can be noap- peal from Judge White's declsion, as there will b no court in session to which an appeal can be mude. THE DEMOCRAYIO CRY OF ¥ 8T0P TUIER." Tavranasses, Fla, Nove 10.—The general Bltuation remaing unchanged, and the fntense cxcitement of the past week continues una- bated. The ofticlal returns from four countfes, ol Democratic, have heen recelved, and the ma- Jorities fall helow the previous estimates, show- ing conclusively that the Republican clalin of a #ood mafority has heen well founded, As the Democrats: gradually lose faith {n their own es- timates, and find the frauds committed by thejr tools in many countica belog pxposed, they grow more desperate and bitter, The Hon. W. W. Hicks, & proinnent leader of the Hepultican party ahid a member of Gov, Stcarns' Cabinet, was publicly assaulted on the streets in Jack- sonville to-day for hifs opinions and Iabors dut- ing the campaign, aud the lives of other Republican leaders arg threatened. Nothing but tho prescncs of the United States troops preserves the publlc peace. ‘Tal- lahassec is full of Demacratic politicians drom New York, Philadelphia, and other North- e cities, in addition to many from Georgia and Alabning, Michael Bannon, a well-known Dem- ocratic politiclan of Baltimore, who has been hicre for several days under on nssumed name, left for home I"csu:nlny, disgusted with the sltuation. It will be a week or more before all, the returnsare fn, Meanwbile, the Republicans ansisted by Gen. Barluwy Judge Robertson, and Asaistant” District-Attorucy "D, G. Rolling, of New York, arc hard at work sceurlugz evidence of fraud n\rcmly cominltted, and [)rennrlm: 10 defent the frauds which anay bea tempted In the future. Ex-Gov. E. ¥, Noges,” of Ghloy the Hov, John A, Knsson, of Iowa; and Gen, Lew Wallace, of Indlang, will arrive here to- morrdw, Perry 1, Smith, n notorious politician of Chieago, whiv went to Mil e before the clection to place Tliden's money whers it would do the mos! foud will areive ‘here to-morrow to relnforce John T, Coyle, 8nm Bard, aud other notorlous Democraticoutsiders, A question hns arlsen whether the Governor 8 to canvass tho Presidentlnl vote, under the act of 1847, or 1hc Btate Canvassing Board, under the net of 187, The Democrats have naked per- mission to submit an argument on the questlon, and the Governor has requested thom to do so, The queation 1s not very mnterfal, as the major- ity ot tho Canvassing Board, 2s well as the Gavernor, are Republicans. It has leaked out that any amount of money s on hand from patriotic Democrats from abroad for Lhe nian or men who will dispose of the natfon’s hope and right in this supreme hour of peril. It is sufe to notify the gambling {raternity of patriots that the Republican purty of Florlta docs not contaln tho man. Coni- ceding the State to lln}yes. certalu knowing Nemocrats resort to signlficant winks ane shruga to give emphasts to thelr assurance that one man can be found in 185 Elcctors to whom afortunc will prove more valuable than a goud name and a good consclence, WABIINGTON. THE LAST BENSATION. Bpeciat Dispatch $o The Tribuna, Wasnixatox, D, C., Nov, 3L.—The troops which ave arrived have been provided with bar- racks. A few more will come, probably not to || exceed 1,200 men, There is nothing mysterlous sbout the matter, except the mystery which some high ofiicials have chosen to pive it. If there hns been a politieal blunder, it cousfsts in the untruthtul deniol of facts which tho cvents of the day fully conflrm, There have been re- ports of a sccret: organization in Baltimoare whose members privately wear badges with the legend * Tilden or Blood." A journallst who spent to<dny fu Balthinore to Investigate this {ails to find anything to confirm the rumor. Gen. Grant 18 not so much alarmed at threats of personal danger to himecif ns to forego his dally solitary drive In the suburbs. Meauwhile, Demorratic correspondents are trylug to create 4 vnst army of nvasion out of 400 artillerymen in buckramn. INTIMIDATION, ‘The Jackson Democratie Association eonslders itself intiinidated by the presence of troops in ‘Washington, and st Its meeting to-night re- solved that under the clreumstunces it would not take part fn the ‘Tilden and Hendricke parada for the 20th of this month. While theso venerable fossils base ti3ffr withdrawing from the celobration upon thé military invasion of the Capltal, there Is renson to believe that they have reached the conclusion that before the ap- polnted day Louisiana and Florida will have bocn oftlelally declared for 1layes, JLLINOIS. A PICRLE-MINDED BLECTION OFPICKIR, Spectal Dispatch ¢o The Tribune, Braunerierp, I, Nov. 21.—Mr. Root, the County Clerk of Douglas County, continues to make areturning board of himselt. Ilo now prosents o sceond amonded return, which, like the flrst omendment offered, elects Jones, Democrat, State Z8enatorin the Third District, mstend of Bundy, Republican, whose elestion {s duly certitied to fu the orizinal return to the Sccretary of State. This return is in oficial form, and signed by the Clerk and two Justices who composed the County Canvassing Board, Afterwards, nllcginE a clerleal orror i the Ol certlticate, the ity Clerk presented an amended or revised yeturn, signed by only ono Justice, changlig the fignres, and olecting Jones over Bun &/u\' n few votes. This he wanted substituted for the m‘llilnnl certlficate, but tho Becretary of State doclined to make the trunsfer, agrecing, how- ever, to flle the statoment, and bring it to the attentlon of the Stato Canvassing Board for its declsion which to recelve. To-lny the Clerk asks leave to filo still another amendment, which differs from the other in bolng duly attested, Iving Jones such vote as to eleet him, One of o Justives who slgns tha third certlficate also wnnkes o statement that he dues so _merely proforma, an he does not bellove “thay & County Canvassing Board, after offldially certifying to a certain reault, ean %0 behind that official act to certify to another and differcot result. ‘Tho whole matter will coma before the Stato Canvassing Board for its action, but whatever the declslon, whether Bundy or Jones be de- clared aleeted, thero I8 Jikely to be u contest for the seat bofore the Legisluture, CONNECTICUT, MOHE INELIGIDLE ELECTORS, Special Dispatch to Tha Trivune, Ilantronin, Conu., Nov. 8L.—Gov. Charles R. Ingersoll, who liewds the Democratle Elector- sl tickot of Conuectitut, I3 ineligible. Gov. Ingersoil holds the office of Comumissionor uf tho Circuit Court of the United States, an offica of trust and profit under the Unitud States, and fs therefore constitutlonally {ueligible for Presl- dontlal Elector, It s also belleved that Gen. William B, Franklin, of Hurtford, the other Elector at lurgo on the Demoeratie ticket, fs tne cliziblo by reason of holding oftice under the Unlted Btates Government. Not long elnce he was appolnted on n special Government commlssion to exumine the work on tho now Chicago Post-Oflics building, ond hag neted on that acrvico. Tho re- rt of the Conuntssion has not appeared, aml s wtlll understood to be fn the course of prepas ratlon, Geu, Franklin, so far o8 is Lknown, has not been dischargod from the Commisston, The oflleo belng one of trust and profit under tho United States, this constitutionally precludes him from acting as un Elector, ‘Theso fucts havu just been hruughl. to light, and have caused great vxcltement in political cireles. 'The vourse of the Republicans has not been determined on, but they will sew that the provisions of the Constitution relutlye to Presi- dentlal Eloctors uro faithtully sxecuted. Prob- anly a protest will bo niade sgulnst the admis- sfoil of either Gov, Ingersoll oF Gen. Franklin o8 members of the Electoral College. LaTzar,—The latest oxaminution into tho caso of Gew, Franklin shows thut the Comuisslon of Wwhich ko wis a memiber hns been dlsmissed, and bis eligibllity is now admitted. n the cusd of Gov, Ingorsoll, the Rc])uhllmm will make u furmal protest at the meetiug of the Board of Cauvasscre to-morrow sgainst hls ad- misslon to the Electoral Collexe, ~'fhio fssuv ls well founded, and the Republlcans are resolute {n pushlug it to o decision. MISSOURI, THH THIRD DISTRICT CONTEST. 8. Louis, Mo., Nov, 21.—The Metcalfe-Frost mandamus csse was again postponed to-day. Jt will, no doubt, be heard to-morrow. A PROQUOSITION. 87. Louis, Nov. 3l.—R. (. Frost, Democratly candidngp {0 Congreas in the Third District, hus sddrelad & comunnjession b0 L. 8, Dlutcalfc, Republican eandidate, proposing that nelther wt the certificnte of clection ¥ ¢ Governor to order another electiony that they withdraw the proceedings now before the Court, and refer the whole matter back to the ircuph-. Mr, Metealfe has not yet replied to Mr. Frost's proposition. VERMONT. TIAT DISPUTED ELKCTOR, MostrELier, Vi, Nov, 21,—The County Clerk'a et tolny to convass the votes cast In the late electfon for Prestdent. Their powers are simply minlsterinl, an, therefore, they de- clined to hear or recelve evidenve outslde of the certlficate of votea by the proper authoritles, Under this deciston Mr. Ballace, Postmnster at Bridgeport al the tine of the electlon, will re- celve ucertifiente of bis election, An injunction s to be applied for. n PENNSYLVANIA. OFPICIAL NETLRNS, Harnsnuno, Pa., Nov. 21.—The offictal vote: in Pennsylvania s ns follows: Hayes, 594,148; Thden, 366,204; Cooper, 7,204; Smith (Prohibi- tlon), 8,182, THE “JOINT RULE." LYMAN TRUMBULL 1TS PATHER—INTERESTING MIBTORICAL PACTS, Spectal Correspondence of The Tribune, Wasnivorox, D. C., Nov. 20.—It Is a most remarkable fact that the Demueratic party, the party of Reform, order, adberence to the Cone etitution, and ull that sort of thing, eagerly grasp at every vehicle, decent or indecent, for the attalnment of power. Wrong, with them, turns to Right whenever it conduces to thelr success. The latest exhibition of this po'iticat demorallzation comes ju the already avowed purpose of hugging what is known as the . 4 Twenty-sceond Joint Rule," with the purpose of erywding Tilden into the White House, ‘I'herc has been so much discusslon about this rule that its features are familiar to all, but there Is not so gencral & knowledges of its effects upon the country, or if the desperation with which the Democrats have previously opposed this (now to them) tegder buon seut from Heaven, 3 Bhould Loulstann, Florida, or in fact any State, defeat Tilden, then the House, according to Democrats, {s to (nterpose, armed with this potent. rule, and efther BEAT TILDEN ONL LREAK UP THE GOVERNMEST. That there {s some Jatent danger of this threat being exceuted {u part, and a8 the Natlonal Leg- {slature has thrice erc this on shinilar occasions passed through scenes disreputable to the coun- try, It becomes more than s matter of curiosity, and deserves ecrious attention, As su cxample of ypolitical varlations, it might be stated that this same rule, about whose existence a serious and disgraceful contest is threatened when Con- gress convenes, Is the creature of Lyman Trum- bull, now the attorney of the Democratic party, and present fn New Orleans in anfadvisory capacity to the now fumed ** bulldozerd." In conjunction with the argtment relative to the existence of the rule, ready and waiting en- forcement, thiere ariscs also serious complica- tions as to the actual power possessed by the constituent clements of the Conventlon in the counting of the Elvetoral vote. These questions have at varfous times been considered at length, and there ean he no doubt of one fact, which nmuat serve ns the basis for all argument,—that, without action on the part of the House of Rep- reseutatives aud the Scunte, the entive matter ia conflded to the presiding oflicer of the last- named body, Tho fden of interfering with him In the performance of this duty never wus dreamed of untli this % Rule" became opera- tive, althousls §n two previous instances it was practically evaded. This opiulon can be strong- 1y fortifled, - CHANCELLOR KENT— and no more eminent authority exlsta—says: ' ‘The Constitution d7n Tol exvreesly declard by whom the yotesare to be counted ond the rerult declured, Inthe case of questionable votes and & closcly-conteated olectlon, this power may he n impottant; and 1 presume In the absence of all e rovisions on the vubject that the Tre. dent of the enate counta the votes und deternin the rosutt, and that the twa Houses are presout only as spectatars to witness the falrees gud ac- curncy of the transuctlon, and touct only if no cholee be made by the Eléctors, But it was perfectly uatural that some In- stance shiould veeur where it wos not desirable to repose such unlimited authority fn a single individual. It did occur, and when the deetslon of tho question ralsed was sought, the Senators Immedintely objected to its consideration in the Conventlon, for the resson that the louse was numerieally superfor and could deprive the S8en- ate of its voleo In the judgment rendered, This resulted na withdruwal of the Senate for con- sultation, and the bodies separately organized commenced the determination of a duty which the Constitution required them to perform fn joint Convention. During the debate, which waa on the counting of the vote of Missourd, fn February, 1821, HENRY CLAY OPPOSED THI ACTION, and declured that “the two Houses ought not to have separated until thoy had consummated what had been stipulated for.” Tho voto of Missourd waa conditionally count- ca amid great disorder, anu the President of the Benate declared the Conventlon at an end while Mr. Randolph was on the floor addressing the Jolnt Conventlon, nnd the Serfate hnmedintely retlred, A generation luter the State of Micbigan be- camg the cause of o slmllar disturbance, when the votes wero eanvassed which declared Matiin Vun Buren President of the United States. Agaln the contested vote made no difference in the ultimato result, but it proved ample to arouse 8 wrangle, During all this time, it must beeald, nothing had been done to remedy the defect In the Constitutlon, tho “glants" of those duys shrinking from the determination of un evil apparent to themselves and foreboding dunger fn the future, but still fraught witheven wmore danger it tampered with, They evaded the real question at dssue; the legality of an Electoral! vote, and went through the farce a gecond thne of voting u State bocause # 1t did not aflect tho result.” So dif- fulent were the leadlug men in squarely meet- fug the Jgusuo that, although this was * the rock which may destroy tho Government,” they evad- «ed attempting any solutlon of the diffiealty and steered clean around the source of dlspute, THIS TIDING-OVER POLICT was followed by Clay, Benton, Buchanan, Crit- tenden, and the lke, the lendlng spirit opposed betng John €, Callioun, then as formerly nirs- e the wrath so utterly squelehed by Amlrew Jackson. Had the Hotspura of the South been present and actively participated fn the count which elected Abrabam Liucoln, thero lsno telling what would have heen the rosult, but they were alrcady arrayed fu arms sgamst tho Governs ment, leaving the contest to be reopened nearly 8 decade later. In 1805 the Bonate of tho United Btates, alarmed st the prospect and anxlous to do s duty faithfully by tho people, intrusted this subjoct to the conslderation of u committee, nud Mr. Lyman Trumbull e¢volved the now famous Twenty-sscond Joint Rule, o brought it to the attentlon of the Benute, and plesded as a reason for hmmedlato actton that the consont of the House must also be obtained, aud only threo days remained before the time speclfled fur the count would errive, THE DANOER WH ARE NOW MERTING of {an objoction befng mude to the count- Inz of & vote from purely partisan motives, and wheu the two Mouses are polltically in opposts tlon, was poluted out to him,and he then scouted tho {dea of any one acting from such tm- pulsvs, saying that, ** Bupposa cither Houso ab- stiuately rofusos to go there atall. If you sre to suppose that tho 8cnate of'the United Btutes tsdetermined to break up the Uovermmneut, they will mot smcot at all. You might just as well “sire any romedy for the disurder. Ruppase that aste suppose that it will narely refuse to perform any other duty.’ This rule thus hurrledly passed worl enoigh, or rather did not work at all, fq caslon for its application occurred inf: 2 fnstance where tricd, but in the secondf. i tion It signally fatled, and ot one and X & imo tme proved Its futility as n sold meS - -and gave oceaslun for one of the most (. & ¢Seful wrangles In our legislative history, [N {y' : Feb. 10,1869, the two Houses sottim.iy met to count the votes which elected Preafdent Grant to bis first term. There was no oceaslon {ur o bitter contest, nor indeed ony contest, for he waos clected by a large majority, but still THR DATTLE DID OPEN, ° and within the ranks of a single polltieal party, and for principle alone, arose astorin which, had It ot been for the coolness of some men, might. have reachied the proportions of revolution. ‘The contest was over Georgla, asnd the panncen for siwliar (ln proyided by Henry Clay, nearly fifty years before, and twice before applied with success, bad already been provided, but in this day it was not enough to stem thé current tast rising. In this war of aggression upon the old- established usage of having the votes count- ed and announced by the presiding officer of the Senate, Gen. Butler led the van, and, seconded by n few kindred spirits, fairly made the hall ring with thelr imprecations. There was one man there, hionest old Ben Wade, who liad the nerve to battle agalust the mob, and ef- fectunlly quench its spirit. e fafthfully per- formed his duty,nnd tnade the law paramount where riot once held sway: The preatest com- pHiment which can be paid him s tho heartfelt wish toot s counterpart may occupy the chair when the next count of the Presidentlal voto la mnde.,']mmflmtlng a8 §t undoubtedly s, let me give a spechwen or two of the elegant rhet- orie and high-born conduct evinced ou ‘that un- happy dav, wheu the votes rought to bo exclud- ed made no difference in the ultimato result: TILE MATINEE, The Presldent—** The tellers will perform thelr duty nnder the concurrent resolution as directed, ™ Mr. Tngerroll object, " Tho President—** The Chalr underatands that.™ ILaoghter.] Afr. Ingerdoll--** Now the Scnate can retlre and. curgh}cr xI.hm objection," [Laughter, and cries of ' Order1® The President—* Oeder! arder! " rldge—-*¢ Would It be In order to have pence’ Great Jaughter. | Mr. Butler—**1 agan Insist on my appeal fram the order of the Chair, ™" s ‘The Prexldent—** The Chair has declded that an appeyl cannot be entertained In the Joint conven- tiun," Mir. Dutler—-'‘From that declsion I have tho henar to appeal." - The President—**We declde that In the samo way." [Laughter, Mr. Butler—**Let us have the House toonr- selves,"™ [Laughter and shouts of **Order.") **1 reepuctfnlly move that the Senatc have leve to re- thre." [itenewed laughtor and upplsase n tho gal- orles, And 50 the ball rolled on—the reprcn&awtl\'ea of the people indulging In billingsgate, and gullty of actions not allowablo in a first-class groggery. Aund, miraculous to relate, the Demo- crats upheld the Viee-President pro fem, in his administration of the law and right, but the verdict was in fgvor of the Democrats, Befora a few of thelr utterances are given, thc history of this rulo must be completed. THAT GHORGIA DAY DEMONSTRATED its atter fuilure,—and more than fallure, its im- pending danger in practice,—and It Lecame u dend-letter, It was not formalty repealed, hut Its ever nguin being used was never thought of, ‘The Committees on both shies wera fnstr to *Inquire Into the expediency of provid by Iaw for the scttlement of contested cle tione," and the work was honestly prosecuted. Beveral reports were made, notably that by Eenator Morton, but the non-immediate neces- sity for such a measure falled to make it an fm- parative duty of the bour, aud the time slipped awsy unill one branch of tho Nutfomal Lepinda- turc passed from under the control of the 3Re- publican party, Still the subject was not dropped, but It early beeawe upparent that the Democratle mojority in the House did not de- They sat fille, reemingly in approval of the Republesn doc trine that ¥ TIE NULE WAS DEAD, but in reality reudy to apring up, callit intolife, and demand {ts éxecution whenever party exi- gencies might require, no matter if révolu. tion was fmplied” i thelr conduct, Ther now affect ' to helleve that jt I8 i active, hearty operation, and -cau Le fne voked to tomplets the - blowdy work of the slavedrlver in the Southern States, But they reckon without thelr host, ond confound the'nbrogution of a rule with ite actual rests- cltatfon, " It is well detined that neither House can abrogate any rule which has recelved the coneurrence of both Houses, and_ this was, in substance, what was contemplated by Butler in thie enterprise Just reluted. But this faa very diffurent thing from the resuecitation of a rule after 1ts nctunl death, * Rule 147 ot the House says: *Theae rules shall be therules of tho House of Representa- tives of the present and succeeding Congresses, unless otherwise ordered. But this refers to llouse rules alono, nnd, not- withstunding ths W passed fu 1801, the uhiver- sal custom has been at the commencement of every Congress ta move that ** the rules of the lust Houss be adopted untll further ordered.” In the case of the jolnt rules, however, they ure absolutely dead ot the end ol a Congress, and i\mly 80y 08 no law exists uuthlnuiug them, sud (1 nru]u beyond question that a sitting Con- gress CANNOT COMMIT ITS AUCOEBSORS to any partientar and deflued policy, which un- duubtedg wouldl be done it the lust Congress had the right by incre parlimnentary rule to preseribe the method fn which the Presldential vote shall bo counted by the present Congress. 1t hus already beea shoivn that the Democrats understood this whon they attempted lnst ses- slon to trick the Sennté futon revisal of the ubandoned Twenty-sccond Joiut Rule, Butthis proposition s so self-uvident that it burdly nueds discussion, Bat it is curlous to note with what n relish this sweet morsel is rolled round and round in the Democeratic inouth, when ouly 4 few mouths ago, it seems but yesterday, it mode thelr lips pucker, like nuripe persiminous or bitter aloes, vyen at its bare meution, A8 LYMAN THUMUULL WAS ITR AUTIIOR, and Is now a leading competitor in the race for ‘Tilden's Cabinet, when President, let hin sponk first, 1o undoubtedly understodd its purport when he said: *+'The Senator from Nevada asks If tho vole of Qeorgin cun be connted when ke other House haw decided aypumat I8, Certalnly. The Senate will nover adimit that the Houso of*Representatives can settle by fteclf the votes which shall be counted,® Mr, Kdmunda—**You have sdmitted it ju the Twenty-second doint Rule. It says, Inexpress terine,” fand oo voto objected to shinll be counted, . except by the concrrrent vote of the two lousca,* Mr. TramUnll—** Wo must concur with the House + Lltepresentatives,* Mr. Nyo-—-**Not at all. If the other Houso says It shall 10t be counted, it cannot be, " Aud AMr, Trumbull then fnquires In amaze- ment: 4 Can the Senuto or the Houso by itselt throw out any votesy™ ‘This looks very much lke Mr. Trumbull did not know the meanfug of his own lmr]lamumnry law,—ut auy rate, I trust he still aticks to tho construction given above, even i€t does nutsuil his preseut company. SENATOI BUERMAN'S VIRWS, To show how Republicans then thought of this rule, in which they were disappointed, [ will quotse Benator Bherutan, ub present In Now Orleans; **1 think the question made and presented [a tho gravest one [ have ovor known fu the Senate, bo- cause, If tha rule now luld down s ubserved, no Tresldont of tho Unlted Btatus could uver be cltted with the Senate ane way and the Jouso the other, Tt scems 0 1ne 1t 14 0 very daugerous and huzardoue proposition that the House, oF the Senate vither, can defeat an olection. Both atdes, however, denounced tha rule as vold, beeausy In contruveution of the Coustitu. tion. Gen, Butler, 1n su cluborate argument, declured: *'Tho Constltution of tho United Btates sayu that tho Prosident of the Senata shall open in conyen. tion sl the votes of ull of the Btates,and they shall o therelu counted, and ¢ iv as impossible for tidy Hounu or the Svuste, olthor jolutly or separatuly, in concursenco or otherwiso, to wtop the operation of thut constitutional enactment as 1t 4 to tury back the eun In jts courso; for, 0s you will sce, #ir, we stand in this positivs: 1t the House and Seuate, Ly Joint actiou holorehand, can determing what votes shall b counted and what votes shalt not be countad, then the House and the Benate determine who Is sud who js not o bo the Prs dunt of the United Statos, and who is sud who fs nat Lo bo Vice-I'resldent of the United States. 't CUARLEY ELDRHOGK'S VIEWY, y Icould give other opinlons as to the denger aud uuconstitutivuality of this ruly frow Hepube lean sotirces, and apoken In 1800, lnn?butml Tj the present vmrnzem:r, and not called forth by partisan success or defeat, but I will stop with one from Clurles A. Eldredge, ote of the then leaders on the Democratic sdo: 1 2+ bellevo that the concarrent resolution and- ¥ | the twenty-necond Joint rule of the two Housca nre . 3 | botn 'nlzrz:n-‘nn In contravention of tho Conatitution, b uttorly, ane 0 latter in part, at lea, rnm,—nnulmy’tur that reason, " Ay th, Speaking as to tha power of the convention o the two flouscs over the votes, ho sald: g ** It has no right or nawer to count them merely 88 mattor of count; hut it must connt them fot the purpunc of the reault, foe the purpore of ancer- taining the reault,—the count ftsel deterdhining - theresull, This is tho obvionaand It meems tg me the only trne menning of the Constitation, ‘To count them conditionally ot hypotheticaily 1o me conntat all.” In this statomont no mentlon hns been nyade of the contest over the Wisconsin vote in 1850, becauac [t was Identical with the others, From all opiufons attainable, it can bo afllrmed that without leglslative action the Jrumlm: ofticet of the Sennte opens and_counts the votes for President and Vice-President; that the twenty. | eccond i|nlm, rile dled o natural death, and ! would be null and vold even if nlive from {ts’ ! ackoowledired nncounmutlunnm{; and that any procecdings by efther Houso looking to the overthrow of n vofe WOULD BE REVOLUTIONARY IN CHARACTRR, In addition to what has heen quoted, it will be /1% scen that theannouncement of the' vots slso ' acknowledges it to be the province of the Pn:ahllng oilicer of the Convention, It is as ollows: *41d declare thiat ——, of tho Stato of —— Hitciaeived a majorty of tho wholo, natnborof a votes, iady ] L United Staton for four yoars, Sommmeiy o g the i 4l duy of March, 187, commencing on ) MNBEMON. COORK COUNTY. THE CANVASBING GOARD 4 met ogain yesterday morning to complets the count.af the precincta and towns whicl had beon bruviously passed on accoant of Informalities, * Very little was done, n fact, nothing beyond an cxamination of the voto cast in the countyat Jnrge for one of the Republican Elcctors, where it appeared that some votes hnd been cast for ““Joseph J. Castls ” and seme for * James J. Castles. A notowns made of the vote as can- vassed, and it §s to be hereafter considered, It is highly prabable, however, that tho returns will he “eoinpleted by necrediting each of the naincs with the vete recetved, leaving the ques. tion of election to the declsion of othier parties, The count, it BCXBGLM‘J], will ba completed to-day, but the oflical footings wil not ha reached before to-morrow, The footings will show nothing, however, which has not. already been announced. CONGRESSIONAT, the official voto for Congress h given, althou y from the Nigures Followlng {s the wards, which s but stightl "'urllx. h it Ul published: i Total.es vees voer sarenenl10,367 Darte, » 1200 Le Joyne. 1,840 sesernaeiennns 5,210 Tn the Secand Benatorial District. the I3: For Scnator—Bneh, Ropublican, i Adame, Democrat, 54073 Nelson, Indepemdens 3 Republican, 1,709.” For Ropresentatives—Smitn, Democrat, 15,788: Hopkins, Republlean, 11,5 2363 Tuomns, Republican, 11,542; Flaviu, Greenbacker, 2,780, JUSTICE D'woLr, . 0 the Editor af The Tribune. Cincago, Nov. 2L—I am one of the lato. Judgges of the election who are charged with in- 13 competency In the newspapers, snd whom the County Board of Cauvassers in their lats oplie fon charneterize as “negligent and ignorant * ) Judees of election who are alons responsible for gross Irregulurities.” ; The Third Preefuct of the Fourth Ward was " ono of these budly-munaged precinets to which the indignation of Messrs, Lie, Haines, and Hammill fs dirccted. Tho Judges of that dis- trict were C. R. Crossmau, A, 8, Lindsay, and wyself, nssisted by two clerks gud by two United _ Stutes Supervisors, Mr. Brucket nud Mr. Hall, both gentlemen of tine ability and sound legal sttainments, Wu worked fultlifully from 8 8. m. to about2 a. m.. the next morninis, and whon wo_completed the }ul), and slgued and sealed up the returns, wo ondly thought our work was “well done® nud wo hud been “good and falthful servants;” but, alas, we are compelled to hang our harps on the witlows, for Messrs, Lich, Halnes, and Hammill declare e were “negligent™ and ®ignorant’ and “responsible for gross Irregularitics, e What were these *ross Irregularitios ™1 This {8 their offus thelr nerligence, and thelr fgnorance, ‘They fulled to keep a proper. tally: sheet. Tho followlug from the nplnion of thess cunvassers gives thelr views of what 1a u proper ' tally-shect ¢ 3 Parugraph G750f that law provides, among othor /5 ihingy, thut ** when tho Judges shul open and read ; 25/ the tickets each clerk whall carefully mark dow ! upon the tally-list the voles cach candidate ro. culve in o sepurate colwnn prepaccd for that pur- puse, with Lhe name of wuch candidato at the head ! of such coluwm, aud the oflice desfgnatod by tho votes wuch candidato rhall i), > Mark well that as the julges opon and read tho tlckets ench clurk uliall éarctully mark down upon the tally-liste the vote each candldate rocelves, © "This language b ximplo und to the point, aa well a8 perowgitory, 1t will not do (o sy ** Thers were too many votes." *'The judgea bave not the- tline, " ete, : The statute in paragraph 50 further provides that all the ballota counted by tho judizes of cloc- tun ahall, after bolng read, bo strang n“on 3 slrong ihread or twiiie in the oner in which tho have been read, and shall then bo caretully covele oped and sealed by the Judges, cte,, ete. ! W It would seem to be thelr oplnlon that esch {1 single vote must be read by itself, aud the ey clerks must tally down singly a mark vpposite /7. the nmwg of cach candllats voted for, andn this way vach bullot must be read aud tully ¢ wodo tlll tha whole cauyass has been come 7' pleted. In our precinct there were 1,216 votes ¢ | cust, with about forty candidates on each ballot. Now, nssuminy that it would tuke two seconds 1 | and Lally ench nawe, 1t world be abous it hours before the tally would be completed. That fs, about forty hours of con- tinuous work, fwithout udjournment, would be required by Iuw to recelyo the votes, complets the cunvass und talty-sheot, without caleudating the time nceessury 0 write:out, sign, sud seul up the returns, p Measrs, Lich, Haines, and Hammill know that auch u construction of the law hus nover heen’ udopted i Chieago, mud - they kpow also thut it never will be at m){' cleetion where 1,000 votes aro polled at one vothig-place, in our canvuss of Votes wo found, say 230 ballots, which were ealled stralght Democratic, ‘They were examined amib counted by twa or niore of the judges. These tickets wers up to this pulnt opened and examiued, Ono of thy Judges reads the names slugly on une theket, and opposite ench mame is put dn dlgures 950, Thiv completes th reading and tally of that number of bal- lots. ‘They wore thus all yend tozether and tile Ued logolbur, and then strung ou o thread in the order fu which they were read, The regular Republican and the régulur Cooper tiekets were served in the samu manner, After that tickets . were taken singly or otherwise, and read und tullfed fu the same woy il the canyass was come pleted. The tully-shect wus muade out, sigued, and certtled by the judges and clerks of the election. It contalned the names of sach and every candidate voted for, the office desiguatod, and tho vote each candidate recelved. The law does not require any otler or dlfercut tully- sheet, and such 4 ohe as they weem to deslic would buno better, winl would “require ot least twelve hours! addlitional labor to complete it, The pcuyla of Couk County, and the wholo Uglon will, itis hoped, approciate the ardu- ous labors of thls sugust Canvusslug Board, and wost sincercly thank them for Igunoring theso ‘‘gross Irregularitics,” und thus saving the people from the fwmincot perft whic threatened them becauss g vllficn{ sud “igno- nl? Judges of election fulled to_keop pruper, tally-sheets, Cavvin L’ WoLy, : Ona of Wby Judgurof aloctiom |