Chicago Daily Tribune Newspaper, January 13, 1877, Page 1

VOLUME XXXI COAL. Y ST fovered Coal--Clean and Dry. PENNSYLVANIA COATL: CO. PITTSTON COAL ALL Coal under IRON SHED, Terms Cash. —Ordera recelvea only at oo <. INDIANA-ST, BRIDGE. g:llirlllcl?%fim .02 \YASHIXGTO;\'-&T. sountry Trade direct from mines in box osost for Conttey Traie £ AN TNGEN, Supt, o, W.B VANINGEN, gt KELLEY, MORLEY & CO. Ttave, USDER COSER, all alzes of thelr superlor LACKAWANNA - COAL . Which they can deliver clean and free from snow Flcn. °wno|m|nrnd- retail, at lowest market rates. Aleo Briar i, Miln_Office: 97 WASHINGTON.ST. & MUSICA PO Tsic Books for Schoals. AOADEMIES AND SEMINARIES, THE HIGH SCTOOL CIOIR, ‘<%, lealready a +iptoved andprizod» book In titude of echaols, Ami has songs In 2, parts, by Emerson & Tilden. Eqiaily good_are {he oldr Moar of inglug, (81) by _Emerson & Tilden, Cholee Trion, (81} for' 0° Female Voices, by W. 8. Tilden, aud Deein's Holfegsly (75 cla.) which bas excrelscs Tfiéml'lfilé(l]’l'ffl. (75 cte., or $7.50 per doz.} so ruccesafnl an 8 Singing- School book, ia leo a practically good class-book TiiR, WHIPPRORWILL, 25k b Verkina’ (suthor of ** lolden Nobin ™), In llcd with genial, pleasing sones for Cummon Echools. o2 American 8chool Musio Readers, Book 1., sfla cte,) Dook IT., (50 cts.) Haok IIL, (50 cta, are well-made Graded note readers, by Emer- #on & Tilde) As collectione of cheerful aacred ronge, ruch as now enter so gracelully Into Schinol Lite, we com- mend three books of uncommon \x-nn{. our Sab- bath-8chool Song-Tiooks, Itiver of Life, (35 cts.) Ing KKiver, o) Gond News, (36 cts,) Fither book malicd post free for retall price. LYON & HEALY, Chicago. OLIVER DITSON & CO., Boston. nr?fl BOOTS AXTND SHOES ll.S.Frccnmn’sLlel W.Madison-sts rench KEl Boots, " jea” best Amerl *Hlirny's Make . Ladiew et St. G Ladiea' heat Pebiiie ' Goat oot “UGray’s Make ", 3 Cheaper makes, from [ All other good at like reductions. Those who bny FIHyT-CLASS GOODS will do well to get my prices, Itranch store, 090 Madison-at., near $5.00 1,70 to 84.25 75 to $4.25 $.00 to 3.50 In order to make room for ‘our Spring Stock, we will sell Carpets, Oil Cloths,and Upholstery Goods, for the next 30 days at extremely low prices. HNMOLLISTER & GORHAM, 221 & 223 State-st. MODEL, BAKERY, 36 Washington-st., Opposite Pletd, Teiter & Co. L. STURCKOW & CO,, PROPRIETORS. T WHOUGIIT 11RON PIPE. Tiehous, Dufr & Beltn, COORNER HON:EFS)\ET% ,?EA{E AL-ST8,, Wrought Tron Pipe, FORLBTEAM, (AS, WATER. TIANOS. Grand, Square, and Upright Plancs Wern awarded the HIGIEST HONORS st the CEN- TESNIAL EXHIBITION, viat TWOMEDALSand DIPLOMAS OF 1ONOR for **thehiuhcst degree of excellence In all thelr eisles of planos,” No other plapo exhibitor has received more than onc Medal, First Grand Gold Medal of Honor, Paris, 1807, First Prize Meda), London Exhibition, 1862, An unlimited guarauty with each Plano. L7 Mllustrated: Catalogues, with Price List, soalled freo on application, LY/ pany's Mall Hteamers calling at Flymouth ngen. The No. %, 3 p. m. k .’ Labrador, i 3'p. m, Price of past wine) First canin, 8110 o 20, mecording 10 accominodation. Becond, $72. Third eahin, £40. Retirn tlekets At reduced vates, Bteersge £24 with superiar sceommodation, focluding wiie, beddiog al utensila, withuut extra charge, Reatiersuarked thus s do ROL Enrry seerago passca: Kern. LOULS DE WENIAN, Agent, 33 Broadway, Or Wk, WHVTE, §7 Clarkeat,,_Agent for Chicago. North German Lloyd. Thesteamersof this Compaoy will day from Bremen Pler, foot of Th atea of prasage~¥rora New Vork to ondon, Tovre, and iremen, At cabin, §1 catin, €, goldy seersge, $90 currency. orpansgesuply 1o ELHIC 2Dawling Ureeit, 3 " STATE LINE. NEW YOUK T0 GLARGOW, LivERIUOL, DUBLIX . o AN ONDEII BTATE OF VIRULINIA, hursd L 18 BTATE OF NEVADA. Finrads: L 18 Cabing, 00§05 and §30, acconding to accommidas oie, Hlaiura tekota, 4110 fo 815, eurrency, ec: md Gabla, 343, Tieturn Tlekefs, g0." Stecrags at law. eat rates. ' Apply to AUSTIN, IALDWIN & 0., Gene WARRACK, Manager, 54 Clark-st.. Chlcagn, ANCHORLINE MAIL STEANERS New York and Glasgow: NCHAORIA, Jan 14, 3 L TH "IA. . 2T, 2 l‘._lb'_::‘ul‘l;%.l ;fi.‘\:!nmi !f:{l!l?"‘fi'\:":fln i X s ol 0 5 Callan, 65 1o b Wlermealaft, ool e 3 ondont BTOPIA gan. i 3 b i LELERIA dan 1, 2 pm 70; Btecraie, $2N. oi] Tor shy Amanibt st covrent fates, MENDERSON UROTHERA. (4 Washiugio NATIONAL LINE OF STEAMSHIPS, 0. 1 pin r GUEECE., .Jan, 3, bw. ur, | DEN Cabiu pissi $i5 00, and 870 cut Tteturn uckets at reduted Steerage tcke re ency. Drafts for £1and upwards on (i relai Anply to Pu 1. LARSON, 4 b Great Western Steamship Liune, Fy t: _Cabin passaze, $70t 1 dlate, $433 Bleerazo $31. %fiuuA(u}nIlh;:e‘lv S0t Drennd b’mnxlx‘u coritentes L AP AV P IR, 7 Clirioa. Sichisda " AMERICAN LINE. PHILADELPHIA AND LIVERPOOL. Cabin, fatermicdlate, and steerage passage AT LOWEST RATES, General ofMce, 1348 La Sallc-st., corner Madlson, & PETEIR WRIGHT & SONS, General Agents, o Rire Blevalor Buckef, {EOL00 nowin constan 4 satlsfactory use), Orsin Conteyers, boat Oak-T sttice sud ftubber Belt= Ing. Grat Ecoup & be irlce st {ak ratd Ecoupe, RO Sead for price liste sud THERIVET BU st an NTORE, 58 and 60 Lakeat., 30 fect front by 140 deep, 5 storlcy, with bascment, # good Yault, B water evator: frst.chass tocatlons ¥, TLATL TR ~ g QU RIS @ Dress Silif, stift and ; ; Soft Huts, | HOLIDAY STYLES, Just received, TEATING COILS & RADIATORS, JODDENS OF Brass Goods, Fittings, Pumps, (}ng!;_lrun Sinks, &c., &c. e ~ FLOUR. TUTN A A A ANt IS PN Notwithstanding the recent advance in wheat, stiil sell nollingat . THE OLD PRICES. 1est Whits Winter Whest, per brl....ii0000.88.00 Best Minnesots Spring Wheat, per brl. . 6,75 Dest Mingesota Latent, per brl. .00 Dellyared freo In nll parts of the city. J. HICKSON, st Madison-st, Chartered by the \§ 105 CLARK-ST CHICAGO. Pays interest oo Bavings Deposita at 5 per cent wnder the rules. Coupon invertment certificatesin suma of 3100 and multiples at ¢ per cent remi-ans anually, Negotiates Joanson Illinols feru nortgugen, T PER CENT, hu‘!‘ta !h:.l‘nl At BEVEN1 $10,000 8L 7)1 83,000 SCULDER & MABON, 107-100 Dearborast, 7 PER CENT and @ per vent iuana on sporoved ciyreal eatate made vy FLRANCIS D PEABODY & ¢ OLD PAPERS 60 cts, |m1_'_l_lllml o, .,-,AQ?‘-". :\t‘Trihmm Counting Roow, o tonLARS. X Keep's Collars, _:.lemnl EBtyles, ”’{;‘ Ei"‘.‘\'{'x\l‘!'tvv‘ ‘:r"vlln\'"n Ax for 4 Fast Sadlsor RHOOR O centennfal year, 1874, fc e Fribune uniea, " e for wale £ for the Addrovs 0 07, SLEIGH BELLS Atcost. Trade orders golicited. W , 34 Randolph (TR—LTISK‘—ING_APPL 2,00 PER BARREL. LS’ E. A AN P ANt b NP P PRSP GOLD DUST, Sliver, and Dullion bought. Jewelers' Sweeplugs and Fillags. Photographcns’, and all kinds of waste Bliver aud Gold reSaed and suayod. ¥ine Gold sad Silrer tor ealo. 138 Fifth.av, STONRE Ll o Ul Keep's Custom Shirts, erm. . Tho very best, 8 for $9. dam Lol ilesdian v oy iy sl ondsesd s Not the oy eaa peee . N GO 7S Fasd Madiod, PARTLY SIADE SIIRTS, Keep's Patent Partly-Made Dress-£3iris. The very best. 8 for $8; can be Sulshed. iralght | e st CHICAGO, SATURDAY, JANUARY 13, 1877—TWELVE PAGES. COMPARING NOTES The Joint Electoral Commit= tee Holds its First Meeting. Alleged Outline of the Prop- ositions from the Senate. The Suprome Court to Be the Tribunal of Last Resort, Senator Booth, of California, on iho Electoral Ques- tion. An Eminently Non-Partisan and Statesmanlike Appeal. Thoso Telegrams Still Giying the House o Deal of Trouble, Orton and Barnes Both Declare Their Inability to Reach Them. Which Necessitates a Call Upon the Western Union Directors. One of Whom Is a Congressmah, and Another a Shining Dem- ocratle Light. The Eighth-of-Jauuary Resolutions Re- turn to Plague Their Inventora. Leading Democrats Disapprove of tho Proposed Natlonal Bulldoze ng Scheme. TIE GREAT QUESTION. THE NOUSE AND ITS PREROGATIVES. Special Dispaich to The Tribune. WasuiNaton, D. C., Jan. 12.—The IHouse Committeo on prerogatives with respect to the clectoral vote has inade a partlal report, and gives notice that its concluslons will be callcd up for consideration next Wednesday. (The re- port will be found elsewhere. | ‘The Committee has been lncreased hv the ad- dition of David Dudley Field and Judge Law- rence, and has leavetocontinue its sessions, The Democrats havathus placed upon the Committee two of thelr very ableat lawyers, Tucker and Field, In polnt of legal ability the Republie- aus are very Insdequately represented on this Committee. Field is reported to have been sent ta Coogress for the special purpose of ad- vocating the Tilden theory of counting the votes, and has already fully counnitted himself 1n a published panphiet. A goud many Repub- Mcana have apprehensions that the debate upon the report of tho lHouse Committee, which s to Legin next Wednesduy, will ' HAVE A PREJUDICIAL RPPECT upou the conference of the Jolnt Committee of the two Houses, which really {s the Commit- teo charged with the solution of this impor- tant question. An effort will bs made to secure an agreement In the Committees between tho two Houses, and a report by Wedncaday, in order that the proposition from the two Com- mittces can be contemporaneously brought be- fore bath branches of Congress. TIUH BENATE AND HOUSE COMMITTERS on the Elcetoral Vote held thelr first joint meeting this afternoon. The mecting lasted more than two hours. The Comumittee resolved to disclose nothing untll, at the carllest, the middle of next week, by which timo 1t 1s hoped some result may be reached, or the certalnty of net reaching any result be made apparent. The Beoato Commltteo on Electoral Count has undoubtedly agreed. What the nature of thelr proposed agrecment fs {t Is impossible to state upop authority, for the reason that thoe Cummittee has placed additional scols of sccro- cv upon the lips of every metnber. There are, however, & good many speculations by Benators and Representatives upon the probable action of tho Committee, The following are #0ME. OF TIIR CONCLUSIONS of those outslde of tho Committee who ought to be beat informed. It secms quite cer- toln that tho Bcnate Committee, with the one exception of Morton, has reed upon some common basis. Those srho have subscribed to the conclusions of the Cummitteo are underatood to be Edmunds, Frelinghuysen, and_Coukling of the Republlc- ans, and Thurman, Buyard, and Rausom of tho Democrats. ‘Ihe propasitions upon which they are thought to bo united aro approximately, first, that the Vice-President has iot absolute power to count the votes,ani that the vast mass of precedents are againat this claim; sccond, that the count should be made in the hallef the Houseof Representatives, s it hasbeen formuny years, and mot in the Henate Chamber: thind, that the vote of mno SBtate should Le rejected except by comcurrent action of the' two Huuses; und that the two Houscs shall not be able to agree, then the question fn dlapute shall be referred to some tribunsl outside of Congress, substantially in the ntanner proposed by Fenator Booth's bill, ‘This would miean the reference undoubtedly of such disputable questions as caunot be settlea by the twa [lounces theinselves TO TUE HUPREME COURT, of to u portion of ft, with the agreement that by the decisiun of such board of urbitration the two Ilousca sball abide, It {s by nu mncans asscried that these are al the poiuts upon which the Committee has agreed, but Is belleved that some of the most diticult questions have heen codprehended in tho agrecuent upon this basis. Senator Morton s understood to stand alone i opposing most of the principles which under- 1le this argutnent. What his course will by cun- nat be foreshadowed, It would scarcely scem probable, however, that 1t he does not sgree with the majority of this Committee he can expect to becomne Prestdent pro tem. of the Sen- ste. which office it is reported Benator Ferry coutemplates vacatlug. AKOTIHER RUMOR Is that the Benate Columittes have decided that the count of the votes shall bo conducted by tellers, and in the House of Representatives, us has been custorary; that the President of tho Nenaty shall anpounce she resuit when the cu- tlra vote bas been cauvassed; that to scttle all questions which canuot be determined by the concyrrence of both Houses,a council of arbitra- tion shall be created, as & sort of mixed coin- misslon, composed in part of Judges of the Uuited Btates Bupremo Court and'in part of Benators and Rfi&u:nuu“el, whose award of arbitration shall bs floal. TUB JOINT ELECTORAL COMMITTEN. esiern Associated Press. ths Wasuneton, D. C., Jau. 12.—Tuo Commilt- tec of the two Houses of Copgress oo Countlog the Electoral Vote held thelr first joint meeting this afternoon, when tbe Senate Cor F'uungt-l 3 of accommodation, The House ol iy’ ttoa desired Ume for cousideration, and there wilt bo soother mecting to-morrow. " Membhera of the Commitlee say they are bound to sccrecy as yet. BOOTH. THR CALIPORNIA SENATOR ON THE ELECTORAL QUESTION. Bperinl Dirpatch 1o The Tritune. Wasnixaron, ), C., Jan. 12.—In the Fenate this inorning Mr. Booth called up the resolutlon submitted by Ul Iast Monday In regard to counting the Electoral vote, and spoke as fol- lows in favor thercof: Mn. PRESDEST: One of the difficnlties of the present complication fn regard to the count- Ing of the Electoral vote arises from the fact that the plan for the clection of a Presldent was devised to meet a eondition of soclety essen- tially different from ours, The makers of our Cunstitution designed fn pact to fetter and restrain the dentocratie spirit and tendency of the nation, It was decined unwise to trust the veople with the Immedlate chofee of thelr Chief Exccutive. They were to choore certain cminent cltlzens who were to make the eclection for them. Owne of the most distinguiaticd authors of the Conetltu- tion sald that 1t was contrary to the spirit of that instrument tor an Elector to divuige his vote befora the certlliente was opened for connt, ‘The peuple were to be In jgnorance as to who shoull be their Preaident until the official an- nouncement, gnd that was the reason why, upon the fallure of a cholee by the Electoral vote, the Houso of Representatives was required to pro- coed to elect immediately,~was to prevent the excrelse of the Infiuence of forelzn Powers in controllfug the cholee. Now, we should as much expect the chofee of Prestdent to be con- trolledl by the conjunction of the plancts, the Influence of the stars, or the phases of the moon, as by foreign wations. Custumn, habits of thouzht, national tendeney, has drifted us so far froin the letter of the constitutlonal pro- vision, that the ineligibility of a Postmaster to the position of Elector was as little considered in the Jate clection as a text of the Kuranor a chapter of the Talmud. SPUMT 18 STHONGEN THAN MATTEN. Principle asserts ftself; life lindyits own chan- uel; political growth its own form. “The prolilem vefore us to-day, and which cn- grosscs the anxlous attention of us all, fs not to make s President, but to de- termine who has been mado President under the form of law, whose spirit s obsolcte, fna method woich will cotnmand the moral support of the Ameriean people. The emer- geney {s a grave one, T do not think its dangers bhave been exaggerated. The rock s in the chaunel. I we drift we shall strike it. To be clear in lls great ofice the Prestdent of the United Statcs tnust hold by an undoubted titie, Possession will not sanctify It; armns cannot guard it ; aubmissiun cannot sustain ft. We may reason ourselves Into_regarding the Presidency as a place, In the language of the Senator from Vermont, to sl appropriation bills and commisslons for Postmasters, but it still remalns the glittering prize of ambition, fmperiat in power and patronage, in vpportunity for good and evily Kingly in everything suve crown and title, Lawtuily held and worthily filled, it Is the MIGHEST POLITICAL POSITION ON EARTIH} but the magnitude of the oflice as o personal posscaslon Is dwarfed {nto Insiguifieance when compared to Ms Dmportance to the people. Every four years the American people meet In Conimfttee of the Whole on the State of the Nation, and _thefr report is rendered {n the chofce of a Chiel Magistrate, In making that cholee every political queation that touches the honor, progress, aml well-belng of the country is coneldercd, Policles, luws, Institutions, chiaracter, are assulled and defend- ed; the past {a reviewed, the future predicted. Nothinz'is too sacred to be questioned, Pa- triotism and prejudice, reason, fmaziuution, and passion, are appealed to, untll the whole public mind Is agltated. In other Republics in hlstory this kind of agitatton has ehaken the very foundation of socinl order, and to avert that don- ger_ they hove cstablished or submitted to dynastles, preferring the calm of depotism to the storiny sca of liderly, In existing Repub- les the tholee o, chief executive oflicer Is & queatlon of {urce, an uccasion of rovulution, and cause of anarchy. In our own generation we Tnve seen two_great historieal forces come in contifct around the clectlon of our Presldent, and culminate in the bloodlest civll wur of :{mflim times. Tho diffeulty we confront to- ay 1 ONE OF TIE RESULTS OF THAT WAL, It is the ground swell on tho ocean after the tempest, not less pertlons to the ship than the storin jtsclf, I'kunow the people, as & body, want pesce. Bo they dld eixtecn years ago. Who shull say that thy iorces and antagonisms muy pot be evoked by avontested clectlont Andl, air, we must provide [n sdvance the meth- od of seLtling tuat contest, or we ahall be at thy merey of chunce and aceldent. What chance and aceldent way bring, who shall prediett Certalne Iy ascene of confusfun and turbulence which would convert o solemn oecasfon to one of un- reemly violence, and degrade us {n the eyes of thevivilized world; coriainly ina luss of our seif-respect, amd of theconflience of the world in tha practlcal nbmlgnl Amverlean untusmnu:hlr; certaluly in a weakening of the respect for the conetituted nuthorities, which s their moral support, and & growing dlstrust of that form of !:owrnmv:m, which hius cost so muchs at best, n the fnauguration of a President to whom u large portlon of his fellow-citizens would ren- der not hutnage, respect, and willing onbeldlence, but contun » reprouchi, und sullen discontent; with an Admiulstration emburrassed, lu\mrcrmh and fettered ut every step, incapeble ut home, {nsignificant abroad, possibly n divided Govern- ment, with contending chicls and tactions, on- archy snd war, Whoever leaves out of the calculation the emotions, prejudices, and pas- slous of human nature, OMITS THE GREAT PACTORS I'ROM TIHE PHOBLEM ov LIPE. I have no wonls of condemnation strong enough for the men who In this time of su- prema diliculty appeal to pussion, fowent dis- order, and thréaten viotence, Every eonsidera- tlon of patriotism wud wisdom requiies o detiberation and prudent forbearance, Ihe re- sponsibility of a solution fs upon the Ame Congress, ~ The patrivtism, Jove of onle spect for law of “the peoplu can Nud expression 1 memorial and rfilluvm, through public mect- ines and the public pres. It can only find or- ganlzed form and action here, TINR I3 PILECIOUS, ry hour brinea us near the hour wl sgrecment will be difficult or fimpossible, or wetion Lo ate, We should take no step for- ward by charges and counter-charies of violence and fraud. [t s bat wo evident that our tennfal has not brought the millentum, ehall reach no concusion by srigutng with each other disputed propositions ot law sud fac We ghall end as wo bezan—in disagru went, Each will de strengthened In conviction, until tho pride of oplilon forbids conceaston o retreat and inakea urbltrament fmpossible, [t is cleur a8 duylight to the eye_that no plan can be o aratay tino screed wou which will produce n forcknown result, You and 1may ]nwu eonvictions o the law of the e, strong us proofs of Huly Writ, Senators on the other slde wro® us strongly Intrenched in thelr oplnfon as we in_ours, Nelt! 4N Chis force hils_opinlons save by the_ empl nt of torce or fn that sullen soquicseénca In the pres- ence of force, and for suke of peace, which s scarvely better than resistance, 1t s us morally certaln now ns 1L will be cer- tuin ln fact then that on the 13th of February the two Houses of Congress will DIFFRR AS TO THE LEOAL RESCLT of that day's proceedings, [t will bu the old problem of an frresistible force aud mpenes trable object, but with the added awful futerest the fate of this Govesument between, With the eertainty of this disagrecmcnt, the eyes of the people have {nstinctlvely turied to thut wugust tribunal established to decide the bighest questions of Jaw which van wrize {n this Goverpment. Through that trl- butal I belleve a sctttenent cun be devised which will commend itself to tho sense of jus- tice sud proprigty of ull, and RECONCILE THH LOSING PANTY, ‘whichever that may be. 1in the resoluslon 1 have presented forthe con- sideration of the Beuate, I have cudesvored to order the prucediugs that & record bo made which ~“will bring the )e};tl questivns [nvolved befure the Justices of the Bupremo Court for thelr arbitrament, There are threo theories In respect to power and jurfsdiction o thls matter. Flrst, that the Presidedt of the Kenats hus the absolute right conferred by the Constitution to deter- mine tae validity ol the votss of cach State. nd, that the votcs of mo Btste can bo counted withoub the womscub ol bola Houses of Congress. Third, that the votes of no - Btate ean be rejected with- out the aflirmative sction of th Houscs, There fn still onother: that the louse of Representatives has the sole power to de terminie the Presfdentlal connt, which would be a most original discosery If it were not the most uulque invention in American politics. The sce- ond aind third theoriea would stil] Jcave unde- termined the votes of States which hsve rent double returns, and liow inny votes a State is entitled to that hos selicted fieligible Electors, olntlon cuntemplates that all these ques- tisna ehall ANPEAR 0N RECORD AS PELLY AM POSSIDLE, and authonizes the tribanal appointed, If it fs decmedd essentinl to the final determination of eithier, to take cozuizance of all facts of which Congress has ofMclal knowledgze, 1t may he suggested that Juetices of the Supreme Court would not exerclse the power conferr in this cxeency the Congress of the X States believes it to be necessary, tiey eannot refuse. Honor, patriotiem, and gratitude forbid, Idonot desire to discuss the legal guestions involved [n this controversy further than fs necessary to a brief expression of my own opin- fon, The ealetuin Hght of reason and nvestiga- tlon hns been thrown upon the cluuse of the Constitution in refotion to counting Electoral votes, to ascertaln In whom authority is vested to deterinine the valldity of votes, aud nothing has been discovered beesuse nothing is there. When the nutlors of the Constitution used the worl “count,’ they meant simply the act of cnumeration. _There waa notling judiclal about it. It was rather clerical than ninisteria). 1t was - A QUEATION OF ADDITION which our jnteiligent pace voutd haveperformeit ag well at Euclid or 8ir [sane Newton; as well as Mansfleld or Marshall. ‘The decislon as to the valldity of votes and counting thetn are acts as distinet” in fact and different fu vature as the Jjudzment of a court and the mechanicl Impression of the seal In that view the resolution — of the Semate of the Firat Congress * that the Presilent of the Senate should count the votes ! has po significance on this question, When the Constitution was formed the States were organized Governments, lu\\{ equipped and In suceessful operation, while the Govern- ment created was an experiment. 1t was not antielpated that by any defect of a State Gov- ernment or Adminfstration the questiun which we confront would cver arfse, and it was not provided for, Perhaps (f it bad been anticl- Imml it could nut have been provided for n express terms without so exciting the lenlousy of Rtates us to embarrass the adoption of the Constitutlon, In the ecarly debates In Congress we find many argunents’ azalust the authority of Congress to reject the votes of n States none, I think, aalnst the authority of the President of the Senate, for the propotion that he could reject themn was NEVER ENTERTAINED OR CONSIDERED. Regarding this question In the lght of precedent and experience, recalling the facts of Distory, States In rebellion, thelr Governments the organized muichinery of revolution, pussing through alf the phases of «ivil war and recon- struction, tho Prup«mmun that the power to determine their relation - to the General Government s vested absolutely (n the President of the Sennte, In the absence of express words, recmns to me Incredible. Does any one sippose, it such a proposition had been subwitted to the Con- vention that framed the Constitution, it would have been ecrfously consideredt 1n' my jnda- ment this pawer & nelther minleterlal nor judi- cial, but political, and, in the sbsence of express provisian, is vested [n the Congress of the Unit- ed 8tate: ; he lutfon I have offered accordingly pro- vides that the decislon of the Justices stinll be adopted by Congress, Their decizion could not b enforeed by any souctiva known to the law, but (s an apueal Lo bonor and good falth io the Interest of peace and gowd government, Upon the other qucstions I shall only expresa the upinlon that the certiticate of returue, when regular upon fts face, makes a primn focic case, which it requires the atlirmative action of both Houses to overrule, and that when there are donble returns the prita facie case 18 with that of the Government de facto, 1 hold these oplafons with profound respect for those who differ, aud Tahall be mlad to sup- port any propositiun which shall seem more juat und feaslble than that 1 have ventured to sub- mit. Mr. Prestdent, In the great problem of human existence, the fmportant part has been ussigued ‘o the Amerlean people to solve the (fi\‘x’csllun of a continental republic, Thut ques- tlouwaa . - .NEVER SORK DIFFICULT THAX XOW, It demauds o wisdom and forbearance which are above statecraft. Our whie country, with its varving conditlons of lfe, coulil ot fall to pro- duce Btrongly distinct types of chamcter, Wo have nut the strung kinship of blood. We have the antagonlsm ol races, We have four milllons of inhabitants suddenly emancipated from generations of serv- ftude, and enfranchised with the right of clul- zenship, which no other people has ever ob- tajned except by gencratfons of experience. The passions of the country nre scarcely cooled from the white heat of civil wur, Thesé are the conditions which fu llni( other aze or country would fuevitably result In separation, or a des- potle form of “government. But lberty and unfon are the lmwediate Jewels of vur’ lsaue, dearer than Ilfe. Kespotsibilities of -~ pubiic positions_ were mever more solemn, — Our personsl fnterest, the interest of onr personal advancement, My, President and Senators, on any public question is inconsiderabie, Life owes us gothing, We have no account wzuinst fate, 1f the book were elused now the halunce would be aainst us, We huve each, in honor's con- sideration, fn all that mukes life attructive, re- celved more than we have given,—miore than we deserve. Behind usis o past sanctified by the dead who have died for our country and tficirs, Betore us is the {imitable possibillly of national lonor and uscfulness; around us are 40,000,000 of people bearing life's burthens, tolling, sufler- ing, hoping, tristing. They ask peace. 1t fs for us to glve or refuse, TIOSE TELEGRAMS, AN ARBITRARY ACT. Spectal Dispatih to The Tribune. WasmisatoN, . C., Jan. 12.—Tnoe Iouse Ly a party vote adjudged Barnes, the New Orleans telegraplh-manseer, to be in contempt. By this vote the Democratie party has declared that & witness must promise to do an {mpossibility or e fmprisoned during tho scsslon of Congress. ‘Thiere has never been a more arbitrary act done by tho American Congress. It s Dnpossible for Barnes to comply With the request of the Houre, Ho cannot produce the telegrams, Ho {3 no longer mauager fn New Orleans, and if he was he could not pro- duce them, ss they havo all been transferred to the custody of the Exccutive Commlttee of the Company in ew York, What Mr. Orton's position may be is not fully known, but 1tis understod that e likewle witl de- clare that the telegrams are NOT IN IS CUSTODTY, tut Lo that of the Executive Comumittee, Mem- bers of that Committee are represented to have galit it will be fmpossible to obtaln thetelegrams without Imprizoning cvery member of the Com- mittee, as one member would not undertake to surrender them. Should this course be followed the House will find ftaelf fnvolved fn a curlous proceeding. It 4s sald Chester W. Chapln, member of Congress from Massachusscts, 8 a wewber of the Executive Comudttee. Augus- tus Belieli, the Tammany Bachew, 18 auother member of the Committee, Wl the Democratle Houge Imprlion one of its own membersl Wikl the Demovratie theory of the Cunstitution, which indorscs the theory tliat a person can practically be huprisoued tiy perpetuity, have the couruge to violate the Constftutlon us well by procecding agulnsy ONE OF I3 OWN HODY for contempti 1t u writ of habess corpus ia asked for 1o the Darnes tase, the courts of this District will undunbiediv grauy §t, followlng i precedent established last year by Judge Curtter, PRESIDENT ORTOX. To the Weriern Aunciated Prows. Wasseroy, D, C.y Jun. 1.—Fresident Or- ton, of the Western Unlon Telegraph Copany, will be brongtit befors the louse 1o-morrow. <He s In Washijngton, but his conpascl are un- prepared with thelr suswer. SIFTINGS, TR DEMOCRACY MOKE INCLINED 7O GO SLOW. Special Dispatid 4o The Tridune. Wasumisutoy, D. C.. Jan. 12—One of the most prominent Democrats (u Congress to-day said that so faras ho understood the Democratic programme, it was to do all tbe blustering pos- slble up to the 4th of March, sud then if Hayes was really fuaugurated to subimit quietly, as all citizens will, Ju this vonnection §t 1a siguificant . The Chicage Dailp Tribune r / 5 that many Democrats are apposed to the polley:. of the Obio 8th of January resolution, proposing S Gied atne dle. the ealiing of a National Democratle CommitteeS Siedainedle. Thelr Benate, of course, to meet in Washiogton at the time of the count: 2 Hewitt {s reported as strongly opposed to thid,"s and he with others of his intimate assoclates arc convinced that the Implied threats of the Wash- Ington, Columbus, and Indianapolls meetings have only served to UNITZ AND STRESOTIEN TOE REFUBLIOANS. Anothier Democrat, whose relations with New York Tilden men are confidential, savs they have ascertained that the numbier of those on their sfde of the IHouse is Increasing who will not in any event be partles to forcing any trouble over the inauguration of Hayes, since they believe that If he takes his seat under the present circumstances (t will Insure the triumph of the Democracy next fall, anda glve the party a longer and healthicr life. The fact has alro came out that several Democrats who have sup- ported Tilden earnestly, and st support him, bave of late cxpressed grave doubts to their party associates whether he could hold the party together for four years {f he were in- augurated. A notablo feature of the polltical aituation fs the entire lack of ansthing like personal devo. tion to (iov. Tilden on the part of the Deno- cratic leaders. What little cuthusiasm was awakened in his behalf durine the canvass has ALL OOZED AWAY, and he has become to be of little more account than & wooden figure-head for his party. Sen- ators and nn[;re-eumh-ea have ceased”to run over to New York on Saturdays to consult with Bim. Nobody seems to care to know his opine {un as to the best meane of secarine his inetalla- tion, and there Is not even a suggestion that the dellberations of ~ the Elvctoral Committee are communicated to him, or that his vicws are taken into account by the Democratic members. WIIAT HAS LED TO TIIA CHANGE is & question about which there Is & good deal of speculation. Oue report s that the Governor hias grown crabbed and {rritable, anud i in a con- tinual fret about the large wmount of money he Daa been Induced to spend u‘mn an uncertainty, and that the varty leaders, In consequence, no longer trust his judgment and sazacity. THE DIEGON CAM! 8ax Fraxcisco, Cal., Jan. 12.—A Portland dlepatch eays Asahel Bush, of Ladd & Bush, baukers, Balem, and C. B. Billlnger, Chalrman of the Demucratic Biate Central Committee of Omi-ou. leave to-morrow for Washington, it ubedience to 8 summous of the Congressional Committee. COX’8 COMMITTEE. A PECULIARITY IN PHILADELPIUA POLITICS. Special Dispatch to The Tribune. PUILADELIRIA, Pu., Jun. 12.—The Cox In- vestigating Comumlittee has at last gut tired at playiug twlco a day ot a farce which might be entltled, * Waiting for Something to Turn Up; or, How Not tu Do It.” After a repetition of the sxuabbles that began in New York about the chafrmanship, the Committee appointed & Sub- Committee to finish the work. Sinee then Messrs. Rice, Wells, and Waddell Lave been sltting and waitlng for witncsses to come and tell something, and, up to to-day, the facts thus far eliclted are not worth what the hotel bills of the members of the Comtnittee will foot up to. They have slm- ply proved that a large number of the names have been struck off the registration lists, but, when It came to actual fraud, it appearcd that BOTH PARTIES WERE 80 DEED IN THE MIRE that the Committee turned themselves fnto counsel for thelr respective partles, To-day Mr. Wililaw Welsh, President of the Board of Di- rectors of City Trusts, und a Republican, was called, and sald: About electlon time it Is customary to preatly in- crease the number of puvers of our strects, Thu grogshops of our city are more or fces under the coutrol of the police” force on eclectlon days, and if these places aro not open In front, Lhere cens by way of the rearand side cntrances, me & police force and 1 will be able to control 10, volers. Anwe approach an Impurtant general clection thess ix n noticvabls increase—ssy from 200 to 300 per cent in tho namber of Govern- 1» ac- ment and elty employes enzaged for political pur-* aes. irection of thelr employers. ment I8 in the hands of yllx! employes bold thele positions by resson of their olitical Influence. If & man gets 5 posltion under Lo city or Government [t in because ho has a cers tain amount of political Influence, and can contrul acertain number of vuter, YURTHRE CONPESSIONA. Te gald that Mayor Btokely was s Republican and selected bis pollee foree for thelr political y. There was faveritism in_giving out contracts to those who were not the lowest bid- ders, and they used thelr men for the domtnant party. The debt, valuation, and taxatlon had all largely increased, snd the Commilttee of the Councils was respousible for frauds in street- paving. Thesa personn are compelled 10 vote under e "Tha. Fire. Depari: oliticians, and the i LOUISIANA. £ UNCHANGED. Special Dispatch to Tha Tridune. New OnLr Jan. 12.—Tho situation re- mains unchanged. (ov. Packard atill continues 1o hold the fort so far as the Capitol and State oftices are concerned, and the Nicholls moh have the balunce of the town, From the amount of fabbergasting sud glorifying In the Democratie papers and on the street, ony would suppose that the Confederates bl nchleved a perfect Bull Run sletory over the kees In s bloody fight. Everybody brags, and blusters, and damus the Radleals. The Pica- wune speaks of Senators Howe, Wudle Oudeay, and MeMitlan contemptuussly, as'the four Radical Scuators. The Democrats here are shortaighted, sud do not sce that when thejr claltns vome to be sifted down they have no law to stand on, Thelr Bupreme Court i3 A TRANSPARKENT PHAUD. The Judges were appolnted by a man whowas no Governor to benchies which were not vacaut. ‘Their Lezislature Is bogus, not because they do not meet [u the State-House, but because they bave never had a quorum of members returned gccorning to the Jaws of Louistana, and could not therefure effect an organization; aud, fur- ther, because 8 legal quonnn of cach branch las nssempled In tho State-House and organized the Legislature in accordance with the law, and thero cannot be two Legislatures, Thelr Gurvernor 18 no Gavernor, because he did not re- celve enouirh votes cast according to the Jaw of Loulstaun. Thelr pretensious are BOOUS ALL TUE WAY THROUGH. Senator MeDunald, after the direct examina- tion of Elza Plnkston yesterduy before the Kenate Comnittee, secured an carly adjournment inordertocompare her testimony with that given by bier before the Returning Board, and to prepare llmsel! for cross-examining lier to<day. She was placed an the stand aud subjected by him to w righd cros-examfnation of between three and four hours, and bls attempt to Lreak her testimony In most minute particular was o complete and utter fullure. e questivned her a8 to every circumstanes of {mvortance fu her Hte, and especlally a8 to every detafl of the trugedy, and the order of occurs rences connected therewith, in answerlng which aperson ot intelligence might miake un crror, without succeedimg fu mixing berupin any way. Btuators Wadlegh and McMillan, and every other falr-minded man who Lhus seen thiy unfortunate woman and bay heard her tell her story, are satlsfied that 1T 1S TRUE. It haus been the desire of the Republican man- agers that in this Investigution the Plukston crime should mot sssume any unduo promi- fnence, 80 that it should appear that they rest ed thelr case {n any degres upon that, but that vutruge wil) assert Msclf aud remafs forever & mopuwmnent of Infamy to the Demo- crutic party in this State. Dewmocratic lawyers bere understaud the un- stable ground on which thelr Buprems Court rests. ‘the Democratlc positionis not that Gov. Kellogg did not bave the right to appuint the Bupremne Judges, but that they were ot con- firmed by & legal Senate. In fact, they were con- firmed by thelegal Senate ln the State-House, but even It that wero not @ legal Scuate, wocording toa provislon of the Coustitution the sppoint- ment would bold good uutil the uames are re- hus )’ & ‘-acted on Qov. Kelloga's appolntments, lnflj " 31 by alegal Benate, or the Senate had ade. 1 thelr own standpoint THERE I3 XO VACANCT. , ‘The Demoacrats ara buying an occasional member(: * from the Legialaturo to go into the rump cone| cern. One left to-day. Pinchback has suce - ceeded In keeping the quorum of tha Senate | : broken for the past two or three days fn order - to forve himself in as Unlted States Benator. Gov. Packard 18 desirous of sending a creditabld . representative, and favors eclecting | & man of culture and education like Attorney-General William H. Hant or District Attorney J. R, Beckwith, The colored Representatives stick for a man of color, and it * it must ultimately come to that the (Governor would probably preler Licut.-Gov. Antofne. ilo” - is, however, utterly opposed to Pinchback. The Scnntorfal batlot to-day was about the samens yesterday, YESTERDAY. . Tothe Bestern Ansrclated Pres. Nzw Onuraxs, Jan, 12--10 a. m.—There {a ne change in the situation since yesterday, as far as known. Tho weather js wet and exceedingly \‘“!Ig\'!fi:‘\bh- Both parties aro awaiting advices from Wasblogton befure taking any furtber, actlon, SECOXD DISPATCIL, The Republican Senate Is still without a quo-| rum, The four Seuators who have been absent, at an carly hour this morning asked for aud! were granted an fnterview with Gov, Packard, the result of which is not known. t The State-Howse police are on the qui vive, | armed with riffes, und the vutlovk there Lo- kens some new moveient. - Packard recelved u number of telegrams | 1 Washington last night, but beyoud thet statemnent thot they are encoursing, lio de-: clines ulvlmi thelr purport. 1{c is evidently more hopeful than yesterday ot reeognition byt the satiosal suthoritic: ‘The Huuse Compittee will concludo its labors * next Fuesday or Wednesday, - THIRD DIFPATCH. . N OnreaNs, Jan, 12—12:50 p, m.—One { more member of the Republican Hoose—E. Stapenal, of St Bernard—has just been sworn inns @ member of the Democratic Houre. Tha Dunveratie Legislature hnd another batlot for United States Senator, without cholee. FOURTH DISPATCH, The Republican Leaislature had anothier bale Tot for United States denator, resuiting: Pinche hack, 29; Antoine, Beattle, 125 Lewls, 102 remainder seattering. In the House, Delucey, of Rapides, stated in ay apeech that he had been offered $10,000 to go Wwith the Democrats. A resolutlon was introduced and referrod ¢ declaring vacant the scats of Barrett and Ken- nedy, who bad gone over to the Democrats. FINCUNACK VISITED. . Thls afternoon Gein. Badger, of Gov, Packsy and's militia, with o body of men visited the residence ot Mr., Pinchback, and domanded ad- mission in the bune of the Scnate. io search of 4 four Scnutors believed to be concesled there. ¢ Pinctibuck asld he did not recoguoize any such uuthorlty for invadhiz hls premises, and if hoe attempted to force wn entrauce he would do 0 st his penl, oaund refusing to say whether the Senators were there or mot. Gen. Badger left, after lutimating that he would return with a lurger foree, and Pinchback, it s rakl, then invoked the ail of the Nicholls po- llve, who are on duty in the ueighborhood. Deputy-SherlfT Walsh, with & posse of twenty men, touk possession of the Superior Clvil Court this afternoon, on an urder troin the Fiith Dis- trict Court enjoining the Sheriff from recogniz- ing that Court. which Is the one recently abol ished by the Republican Legislature, EVEUYTUING 18 QUIRT at the Btate-House to-nlght. 'The Metropolls tans are_still ontho alert. They are under . commund of J. Il Lawler, who was the last ono to surreuder In the riut ol Beptemiber, 157, AN IMPONTANT BODY. The Republican Senats to-day ordered the arrest uf all absent menbers, and fssued an onler addressed to Gen. Badier, who returned. the order this e\‘cnln;i: with the following in- dorsement, all of which was communicated to Goy, Packard by Licut.-Gov. Antolne, President. of the Senate, Tor his information and actlon fudorsed.’ Naw Onrans, Jan. 12.—This order {8 rospect- fally relurned to the Hon, President and memibers of the Scnate, with the report that aftor a dlligent scarch and inyulry I discovered that three of mora of the absent Senators were secroted in o certaln o hotine on Camupr, near First streetin this eity, Sald liouse i ) OWXNED AND @CCUPIED DY THR HON. F.B, 8. PINCHDACK. Trepalred to sald premiscs with roveral sssiste ant Sergeanta-at-Arms and found;a number of so- called Nichalls® ‘ml(en on daty aroand and o the Immediate vicinlty of the hoase, Upon showing 1hbis warrant 10 ir, Pinchback and domanding to cnler for the burpose of arresting the absent Sena- tors mamed In _this order, admittance by Mr. Pinchback, and warned not to ecter the premires upon my perili that he had a force nt haud 1o resist any poi Porcely- Ing a considerable number of the so-called Nicholle {m ice In the vicluity, having poaltive 4nforimation hat many tore were inslde eald premises s fow boura previous, and believing them to be still thery at the time of making the demand, Ifound it 1S1I'0ABIOLE TO ENFORCE NY WRIT. Henring police whisties blow, and seeing that the | Nicholl pulice were gatherliiz and concentrating arannd wald premises, 1 withdrow. Immediatol 8 Jarge crowd assembled abont, and “severa Serzesnta-ut- Arma whio remalued in the nelghbor- hand were arrested by the Nicholls police and lock- ed up tu the elatlon. 1 therafore report hlfi.i i of the Interference by sald Nicholls pol aul gathering of an cxcited mob in the vicinity, 1 wne unahiv to exccate this order of worrant of yuur hunorable body, .8, Panoxn, Herzeant-at-Arma of the Senate, GOV, PACKAID, 1t 15 safd, has laid the whole matter before Gens Augur for his netfon, under the tnstructions of the Becretary of War. TIIE INVESTIGATIONS. BENATE UM-COMMITTEE. NEw Onceans, Jan. 12.—The Scoate Sub Comumnittee continued the examination of East Baton Rouge Purlsh, Gen. A, B. Herron testified as to meetings at which resolutions denouncing Judge Davis were passed aud b asked to leavs the parlsh, and sald he thought a large majority of the peos ple of the parish were opposed to using force to compel Wi to reslgn, Geu, Herron sald the late clection was the most peaccable oue hold sl 1868, 3 Ellza Plukston was called for cross-cxaminae tlon, but the wound in berbreast having opened fu consequence of her ride to the Custome was denfed b ey House, her cexamination was delayed, and only continued with great difft. culty, BShe stuted she was bom In Canton, Mise,, and was never owned by - Dantel Tidwell, os stated by him, but that hs took hier after the surrender and brought her up; also that she never bad been in Jall, or sven one, us he stated, That she was hrought from Alabama by Capt. Farmer, 8he bad mar- rled Finch whenvuly 13, and had her first child ut14. Had twins un the Tidwell piace befure she marrivd Plukston. 8he was marvled to im by u white preacher. Witness was subjected to atengthy cross-exauination by Benator McDou- alid, but “repeated Ler atory fo reference to the kil of her busband und child, the mutilation , ot the former after bis desth, and the terrible vunlsbment fnticted upon hersell, In proot ot which she sbowed the wouod in her breast. She fatly contradicted the testlnony of Tid- well in” refercuco to | the sttack upun Ber louse, wwd repeated that Capt. Theobold, Watker, Logau, aud Dr, Young were the leadura of the party, and that two colored men were b it Dr. Richardson swore he had been a surgeon twenty-clent years; had exsmined Eltza Pink. ston's wounds to-day. Those fn the head might bave been made with an ax, vut, it so, wers slight. Those on the face and ueck were sde by's kulfe, aud were superticial. Ove oun the temple was inade by u blunt instrumeat; the onu pu the breast by s bullet. 1t s stlil open, aud apnears to liavo been nezlected or purpose- Iy leit opeu, being bealed to the orifice. The wounds received would bardly account fur herde- bilitated coudition, bub shs told witness sho bad 8 miscarriage. Neitber did he think the wound {o the heel would causo her spparent limeuces, though & sure too wight cuusa one to limp, Dr. White, who Lad sttended Ellzs, was ro, called, and stated tbat Eliza had a niscarriaze, and bad suffered sovercly frum mental exciie went borderiug on deliriam. THE SEYATH CONMITIES . B e Ats Vol Choke s st Fel o McVel st Froquay® - and on¢ other witness testificd toa (uh\a 3 2]uln election, snd that ucts of vivleucs geness Iy bad no conupction with politics, and thet lawlesances fu the parish bad on e in