Chicago Daily Tribune Newspaper, February 6, 1877, Page 1

The Thicage Dailpy TEibun VOLUME XXXI. CLOTRING, FOR SALE. A fine, clean stock of Men’s and Boys’ Clothing and Furnishing Goods, worth $20,000. Lense of premises 150 State-st., and fixtures, may be had if de- gired. Apply to H. W. WOLSELEY, Assignee of Edwards & Browne, Room 15, No. 102 Washi POULTRY EXHIDITION, PERSONS LIAVING FINE POULTRY, PIGEONS, CATS, AND SMALL PETS, Can now enter them for the GRAND BEXEFEIBITION To be glven by the NATIONAT: ASSOCIATION OF PANCIERS, IN THE EXPOBITION BUILDING, IN THIS CITY, WIEIICH OPENS FEB. 1. Apply for entry blanks and lvrlu 1ista at once, of C. J. WARD, Secretary, Toom 20, 184 Bouth Cl: 'O REN' FOR RENT. Store 116 South Clark-st. ALBO, Store 120 South Clark-st. APPLY TO Room 43 Exchange Building, MUSICAL, etk L PRI Hershoy Schoolof Musical At TERSHEY NUSIC ALY, 13, 86 and 87 EAST MADISON-8T,, oand 42 SOUTH ANN-ST. 1, CLARENCE EDDY, Qeneral Director, W, 8. B, MATTHEWS, Vice Director, 3RS, 8. . HERSHEY, Vi [Fino Spectacies suited to all oiglits on sclentific prin- clyles. “tipera wnd Fleld Glasses, Telcscupes, Mlcro scopes, liarometers, &c, —— PIOPOSALS, CONVICT LABOR. Ierivom § iTey Comainsianens: Mfi{'fi.fi‘r‘,"fi?fl; 1R7T, Sealed proposats wiil be recelved Iy sl mtcriged Cummtesloners of the fllinota’State Penitontisry up to goclock. b Feb, 13,1677, Tor tho Labor ot Dag Mundred (100) Convicts, 'heso N aro able-bodied and adapted to most. any kind of labor, and o portion of (liem have beett working ‘with kultting-machines, Awple shup room and steame power will bo furnished, T Probotals TR be Sesopane A 00d and 3 ¢ Phond, conditionen i comrtct 818 band Te atiress he -’:Eamxma. ar rison )1 3, LOf, JOUN M, BOUT Comimisstoners 1llinofs State Prison, MISCELLANEOUS, Sl AP INOTICH. Thero will be an adjourned meeting of the mem- Bers of tha Reformed Epiecopul Chareh at Osiciand, Saturday ovenlng, ¥oly 10, 868 p. oy i th Guk: land Congregational Church. 'The ‘shject of tha meeting Will bo to orgonizo n parish In the commas nion of the Reformed Eplecopal Church. and 1o elect & Veatry, Al thoso whia havoalgnifod thelp fntentlon of tniting, ond ail Who" wish 10 snirs ‘with this soclety, aro m\unud o bo present, ll; i, S hive A, W. BRIGGS, ' f Commlttes, EWEY. W, K. Chicago, Feb, 5, 1877, STORE WANTED. On Blate-st,, between Tandolph and Madison, state prico and'locality, and addriss B 50, Tribene o, FOR SALH, OIHAD, On Feb. U, ut 11 o'clock, {0 the bighest bidder, & fall and complots sct of Grocery Fixturcs, ut 125 Lake-st., corner Clark. (CIAL, 7 PER CENT Snd 8 per cent loans 0o mpproved clty resl estate made vy FRANCIS B, PEABODY & CO,, 174 Dearborn-at. FIRST MORTGAGE LOANS Made on chalco businces and resldence property at Tand 8 percent, Fru nnpmmmq}sn"& 4 12} BLUE GLAS| BLUE GLASS ¥orSun Baths, Conservataries, und Hospitals, D, A, VANHORNE & (0., Importers of Prench Window Glass 25 Park-pluce nud 22 Murray Now York, " MATS AND FUR S AN BOns, HATS-FURS Wa are now recelving the Springstyles of Mea's Fura of every kind closing out at )lldhb;‘n-ll- aud Boya® Hata. cost. " J. 5. BARNES & CO. OIL TANKS, ILSON & EVENDEN' : L TANKS Axp SHIPPING OANS, 47 & 49 Weat Lako Hireet. OITIOAGO,. W ans0 puE Cataionii A W S FAIRBANKS’ GREAT GUNS. Large Attendance Yesterday to Hear Them Co Off. Evarts and O'Conor Pitted Against Each Other in the Big Case, Their Arguments on the Ques- tion of the Power of the Commission, Touching the Admission of Evi- donce in tho Florida Dis- pute. Evarts Holds the Deolaration of the State Uanvassers to Be Final, The Commission Has No Pow- er to Go Behind That Evidence. 0'Conor Makes Up in Discourtasy What He Lacks in Argu= ment. Gov. Wells Denies in Toto the Stories of Maddox, Littlefleld & Co., And Has His Version of the Brib- ory Story to Tell. He Was Offered $200,000 to Glve the State to Tilden. Corsoand Dan Cameron Central Figures In the Orcgon Fraud. The Former Authorizes an Unlimited Draft upon His Logions THE BIG ARGUMENTS. EVARTS AND 0'CONOR. Speclal Dispatch to The Tridune, WasningToy, D. C., Feb, 5.—The proceedings of tho Efectoral Commission attracted moro in- terest thon cither of the previous scasfons. A fecling was abroad In the city that the erials of the Presidential dlspute was reached, that the final scttlement hung upon the declslon of the ques- tlon o3 to the admissibility of evidence, and that tho determination of thls question would bo largety ivfluenced by the relatlve force of the opposine arguments submittod by the two great New York lawyers. Never siuce the Senate abandoned tho chamber to the uses of tho Bupreme Court has thoe simple and dignified old room contained us distingulshed an assembly os that which gathered this wornfug, The Com- mission met at 11 o'clock, and sat unt(l nearly 3, all tho timo belog- occupled by the speeches of William M, Evarts and Charlcs 0'Conor, Most of theaudicnco was uv doubt disappolnted in both theso efforts, for thoy were IN NO SENAE I'OPULAX ORATIONS deslrned to captivato a lurge asscenbly, but hard, logleal arguments anpropriate to bo ad- dressed to a bench of Judges. Evarta’ stylowas severe, technical, unimpassioned, and dellberate. Ho spoko so slowly that ho might have been suppused to be thiuking oui his argu- ment 08 he went alonz (he used no notes), had {t not been for the solldity and co- herence of s logle. ANl hls effort wus given, 1t secined, o making tho fabric of his speceh so strong and {irmly woven that it could not bo pulted to pleces by his opponent, and he mady no attempt to cinbrolder it with flowers of rhetorie. Btated in tho smallest possible comn- puss, TAE BUBSTANGE OF 118 ARGUMANT waa as follows: Tle only evidenco for the Com- misslon to cohsider fs that which goes to tho basts of fact' and record on which the Governor's certificats is founded, =—tho declslon of the Stato Canvassers, Beyond this it cannot go; far, i€ this boundary of final determinative Stats action bo passcd, there {8 no limit to the inveatigation until. i3 1s ascertaloed bow every man voted,. It the Gov- ernor's cortifieato s o furgery, or 1 1t ceriifies toa falschood, ths Commisslon can 0 back of it to tho fact to bo cortified. That fact fs the finding of the lawtul canvossing authority, Tho Btate's awn record of tho result of its electlon ts conclusive. There could exlst no adequato power to go beyond ¢ that would of mecessity bo Juat- clal n its nature, and no plenary Judiclal powers have been wonferred by law upon any tribunal excopt those {inferlor to the Supremo Court. THE COMMISSION 18 NOT A COURT, and Lins no power to adopt methods of trial for determiniug the rights of individuals, A quo warranto procecding involves a trial by jury, and the common Jaw interposes a barrier to tho Comuitsaion assuming to go to such an {ssue, As to the alleged Incligibility of Humphreys, ono of the Florlda Electors, that has been looke ed Into by the Stato Convasslug Board, which examined him under oath, snd found him to be qualiied; there 1s o act of Congress for ascertaining whother an Elector {3 qualified or not, Congress vannot gentertaln questions of proof. If a disqualified Elector passes tho observation of the voters and the fuards of tho State law, his vots must stand unchallengeable, If the certiticute should show that tho Electors wero Scnators or Repre- sentatives fu Congress, their votes could bo re- Jected, becauso no element of extrancous proof would be fnvolved, but the disqualification would be @ matter of ocular aud personul kuowledge, ‘Tho Instituting of quo warranto proceedings in a Btate Ccurt while duly sppoint- ed Elcctors are performing thelr dutfes cannot affect the legality of thelr action. No pawer, an touch, arrest, or reverse thelr vote uftor it 1s sealed up and sent forward, ‘The bottom of the system of electiog a Pres- ident is that tho whole busincss shall go forward without delay, and the oifice bu fiiled ot the ap~ polnted time. If every step in the prozess can bo hindered by judiclsl procecdiuge, the sov- ercizoty of the people will be supersed sd bya STANUAKD goverument of Judges, and ther will be no re- ¥ sort but that which the childzen of Israel had— SCALES | & it S OF ALL KiNDS, After citing 8 number of suthoritles fn the FAIRBANKS, MORSE & 00, | rows of law books on his table, Afr, Evarts sat 111 &113 Lake St., Chicugo, Decarefultobuynaly the Genuine, down and CHARLES 0'COXOR, who bad beenan attentive lstener to hisspecch, ‘occupyivg & chalr close beside bim, arose. His hagguwrd, pollid fuce, frivged with a band of white beard snd crowned with snowy balr, and Lils large blun cyes of almiost proternatural briil- laucy, gave him sometbing Of & spectral sppear- —— WINTER He WINTER RESORT. . J‘EK ROYAL VICTORIA lIOTl'l?LhNullll. Datams da For i rIl '“J’X';‘:“:s T fimj:womg & CO. 734 Bruadway, Now Yors. CIHICAGO, TUESDAY, FEBRUARY 6, 1877. ance. There was nothing uncarthly about his speech, however, It was drey, proay, and law- yerllke. It lacked tho compactness and grasp of Mr. Evarts’ address, and was not impelled by es much intellectual energy.” No one would characterize 1t os n masterly offort; neverthe- less it presented n alucid and comprehensive shape tha points upon which the Tilden case de- pends, and the only hrilliant passages were thoss which dealt out Invectives, which, to say the least, were out of place. O'Covor had the bad taste to close hus speech with a remark that sounded VEIY MUCH 11KE A FDAT INSULT to the Republican members of the Commission. He said thero was nota person fn the coun- try with the faculty of blushing who could look an honest man in -the face and say that ‘the Hayes Electors were fairly chosen in Florida. As nearly al} the Republican Commissloncra have, in public and nrivate, repeatedly expressed the opinlon that layes carrled Florida, tho hit at them wasas direct as it was uncalled for. PERTINENT INQUIRIE3. There ia o good deal of speculation to-nightt as to tho motive which Jed . Charles O'Conor to travel outside of the line of his argumenteto- day to nsscrt the doctrine hat the Honse is tho sole judge of tho occaslon for it to atep in and eclect a Preul- dent. Republicans are asking whether the Democrats have some acieme on foot to sct in operation In case the verdict of the tribunal does not result fn Mr, Tilden's favor. Possibly O'Conor is locking only to the contingency of the rejection of the returns from Loulsians or Florida, Inthat case It would he an open Gues- tlon whether Tilden were already clected by the votes of thie majority of the Eicctors fromthe remaining States, or whether nobody had the constitutional majority of “all the Electors ap- polnted.” 1f the Intter interpretation of the Constitution ahould -be correct, the Honse would be empowered to go into an clection. EVARTS. z ETRONG POINTS, Wasninorox, I, C,, Feb. b.~~The announce- ment that Willlam M. Evarts and Charles 0'Conor would make tho argumnents to-day be- fore the Electoral Comnmlsslon scemed to impel everybody In Washington toward the Capitol, ond long before theopening time n surging mass besteged the doors of the Commission chiamber, seeking admission. Judge Ciifford, soon after 11 o'clock, called the Commlsslon to order. The journal being read, Mr, Evarts began his argument on the powera of the Commission. Ile epoke as fol- lows: M1, PrRESIDENTAND GENTLENEN OF TR COMMIS- #10%t The order of the Commlssion in directing the altentlou of counect Iays oot for thelr conaiders- tlon three topics: l"lnl-l whother under the powers possessed by the Cammlealon any ovidence can be received beyond that discloved In three certiicates from tho Stato of Florida, which were oponed by the President of the Senate in the Dr;llcmm of tho o c! two 1I of Congress, and which, under tho authorit; 3 aro trans- ¥ Commisslon ; wecond, if nn{ can be recelved, what that cvidence Ias and, thirdly, what evidence uther than the cortificates, If any,is NOW DEFORE THE COMMISSION, 1 will dispose of the last cluc-tlou undor the arder of the Commlsalon firat, 1 s muggestcd that cors talu packages of Pupern brough hora by tlio messengers that brought the certificatea and objec- tions are nlready ovidence fa possession of tho Commisalon, What degree of authenticity or what scope of emmf 1a to bo given them s pars tlenlar muttors of evidence and particular forms of roof are unknown to us and uuknown to the ‘ommisslon, The proposition wpon which it 1s clnimed that this ovidence, whatever it mny be, !teubject, undonbtedly, to the discuseion and ro- ictl!nn by the Commission, na not pertinent and not mportant,” which 18 mentioned in ane of the ob- Jections Interposcd agalost tho fiest cer tidcute, as a matter on which the ob- Jection was founded, Instead of befng @ wenrrant, ne it wero. To the objector on wihich e ubjects, hie (the objector) thereby wmakes it bart of thoe uvidenco befors thu Cammisston. 1f there wors no objection, the case uald to ba provided for the excrclan of your authority 18 NOT PRODUCED. It dbjection fs made (howover inartificial or im- rerlcfli. tho casc has arisens but that the objec- lon narrows, and limita and provides the insua and the Inw npon which your jurisdiction attaches, s puro fubrication, and of ‘ulterly Insabstantia} and immaterinl suggestions in tho law, The other quesiion, as to whethor evidence in posacusion of either Ilouee or both Iouses of Cone Bre: n the shapo of commitice reports or cou- clualons of either of those great bodies, in sny farm ju tranvmiseable, ond may be proposed to the Commiasion, and may be accepted und recelved by st after it Is unfolded, ufter it Is understood, n{lcr tho claim s scrutinlzod and opposed, is & suestion that 14 but o subordiniats part of the main sjuestion, whother any evidenco beyond the ceriifi- cates ean bo recelved. 1 wish to preclude at the oatset ouything to fmproxs or te carry for o mo. mentflw{mprunlunl ot thero has boen overpust by somno astutences and somo_dlligence the ques. tlonwhat you recelve and what you refect, 1 find myself, then, unimpeded In the inquiry, as open 1o me aa to you, whethor ANY KVIDENCD CAN DE RECEIVED, and, {f uny, what beyond the cortlicates opened by tho Prealdent of tiia Senato? Mr, Y¥varts here reviewed tho u[:,rol’m“lonl aub- mitted ‘on Saturday by Mr, 0'Conor, and contin- wwd: Now it in proposed, therufore. as & matter astrancous that it 1a deslrod to Introduce, and that ia claimed Is open to your consideration, not that the certificats of Qov. Stearns falsifles thu fact he has to certify to; not that it falsified tha record that makes Llio basks of the fact which Lo fu to cer- tify to; but that the record, at tha timoon which, by Inw, be Was to basa I mnluc-lu,—der-mnx from wiich his certificate would bo fnisc,—is itaclf (Yo be penotrated or surmounted by extrancous showing that, by the matter of the ibetance I tho "prigresa’ of - The' " clacs tion, errove or ruud wers made; s at'fs to soy, that somewhero in the steps between fi'm‘clup'n.u’or tho ballot in the boxes at the pre- cincty, and orlglnal computation of the contents of thosa bo xew tixve, and the transmlssion to ths corrective convasa In the county of the precincts thie canvaswd, at thuir ballo ¢, OF between the returns of tho county canvass (o tho state Canvassery, or §n tha ction cf 1hv Stato Canvassars in the final compa tation of the ngygregates (o Ascer- taln the pluralisy of )otos us for one or tho other candidates, and so dealare, and 5o make record of, and s ilx tho Lasls of dho Govornor, whother that act was right or wrong 'n thelr !mrl. fraudulent or erroncous in law or in fict, that soinswhere in the process of thu elecsion fteelf, from staga to stave, on the very mattar of rigit and question of rights fultitle, or title do Mire, ticro has vecurred 1 qu:lmu orF JUDIC:'AL lK)NS:DZ‘lATIOdN,hQ fur I need not uay that, howover simple and howe over linited the sep 16 bo tiken, boyond thy record of the Stato cauvass, to serve tho nceds and 10 sce complivh the Justice as vrupaed by the learned cuntol for tha objectors.\gslimt the Nayeu certif- cates, the princlpfo upon \vhich it Is oilered, If tho wccavton required it, 3t Juice required It if the powersof this Commlssion tolerated 1t, would corry It 1o whatever polnt th1s ocorrection or this ovlaceration of the flual canve wa 18 to bu attempted, 100 at once, thereforo, rulloyed from any disc slons «o practical fn this casre, exccpt 20 far as the i tlon of the arzument maw make it useful T0 OF Coll of any consideration, ~1 say, whether overuor's certilicute could bo 'atiacked as ftself bLulng not & Governor's certificate, but o forgery, XThat fe not wning bobind s Goveri.wr's certificato, That ming In front of & Uover wor's certificate snd breaklog it down AB NO GOVEINOR'S CERTIN) DATE. That the certificato of Gov, Stuaras v a8 1 accord- Auce with tho act of 1702 waa not que stioned. Nor was it Proposil uu tis other Jide 1oy, \ow that the facts aacertifed Qid not oxiet by any i \rinlc evi- dence, 1t waa further proposed to fni, todace ol donca to show that Huniphreys waa o, Un fted State vficer. hls was o matter of surprlse, for it w: 4 matter of discuselon at the meclingof tha Cs Yvassing Board of Florida. e read tho iy wtimony of Huwphroys that bo kad realgned ten day. § before 1ho electlon.” His reslgnation Liad been ucc epted, oud the dutles of tho utiice discharged by it 6 Col- lector of the Port of Pensacul, ers 1s » con- ideration {u this cesa of whether tao Hosw of Congecss in 1bo matter of tho count, or th Prestdont of the Senate, If ho Lave thority st the tlme o thelr meeling for thu constitutional duty of opening and cou. fug the votes, has say lmwnn accorded by law § or auy titervention of uiethods Of proof. Winter s may be thought on the question of whether tany subject of disqualifcations of this nature was proper cause for tha scrutiny of votes to be couns- ©ed, and bowever proper it ight have been for the acla of Couyress to provide for Emducuon ot proot fn that trausaction, and for the manner in which it might bo adduced and cousideted, there is no act of Conyress on the subfect, aud our propa- sition {8 that at that stage of the transaction of the election, Cougress, the two Houses and tho Presi- dentof {ne Benato - - CANNOT KNTEUTAIN THAT GUBJECT OF FROO thiat the process must go ou of counting, and that, if a disquallfied Elcctor has passed tho ubssrvation of the voters n the Kiate, passed the obscrystion of sny scaiinel or guards (hat may Lave been pro- vided fn law for cxcludiug from actual election, or for the auuulling of an spparcnt right; 1f thle disquslification should bo madeto sppear that when ‘thess are all overpasl, sid tte vols slands un tho preacatation sad suibiatication of tho Constitutlon, which is & cortiduate of the Electors thomueives, aad on the actwd Congress, §t must stand unchallengeable and unimpeachable there. Thin tribunal cannot recelve evidence in addition to_the certificates of the natare of that which {u offered, —that is, evidence that goes beyond the Btate's record of ita election, which har been certi- fied by the Governor an renulllnf in the appoint- ment,” Tha force of this proposition and the argu- ment on which the aafficiency of it resta s, that theraina judicial Inquiry into the very matter of right, the title to the ofice, for It accepta As its functlon the prevalence of the former, the certid- cate, the record titla of the Electors, and proposea ther, to Inquire as to the rnm and matter of right which of the two competitors ANE REALLY ELECTED «an an honest and vnw.hln"' inveatigation. It un- dertakes an office that is jadicial, and powers for exerclse are altempted to be Invoked in favar of thosa who napport taat view by the "““‘“J of the Increase of the imputed power requiring adequate mesn. t are adcquate means? = Adequate means for that (nvertigation in that natara of Hight and inquiry sre plenary means, There are no kY means judiélal that are ndequate for that fnqoniry that ara not plenary, and no plenary Judiclal powcra can be communlicaied under our Constitution by Congreas, 10 say rothing of the minor powers that arc Judicial In thefr natnre, except to tribunnls that” aro court tribunals, that are § rior to Supreme ~ Courl, and aro Miod ' by iudges avpoinied "by (he Presldentof th United States, and confirmed by tho Senate. Wikl any lawyer, cxpect or inexpert, mention s fopic or method of adjndicature of Jurisprudenco that Involven the posseasion of of larger means of reach, and more complets con- trol of powers and methods than the trist of n quo warranto for s office, that fn, to search nu election? Hat not only is It beyond' the power of Congresn {o transfer the powers of this law 10 this Commission, the powers of & cours of thia plenaty reach and 'efficacy, but on fop of & quo. war ranto to try fhe titla of an oMce. This would find a subject In regard to which the Conatltation had Interpored «an fnsurmountable harrler. To the Constitution of 8 conntry like this the quo ware ranto is 8 matter and an action of common Iaswv. It fnvolves as = matter of right the Introduction uf s jury into Itn methode, No case of contested clection was ever tried under the sense of tho statera of the proposed tribunal, WITHOUT A JTRY: bt the proviston is that [n everyactioa of a cortaln anionnt of dignity the rieht of trisl by jury shall uh‘b and the verdlct shall never be examiged ex- ccrt v the rales of common law. Nor can it bo aaid that if the judicla) power here and the judicial power originating under Congressiona) suthority to inako courir, 18 the sourca of this suthority ciaim- ed, theso are impedimonts that cannot be sur monnted. Indinthe act of 1877 no such pur- rme in agreemnent with the powers as to makn hiln & court under the Constitution. Ifind no lr- pointient of these Judges to this Conrt nnder the powers of the Constitution. Ifind no menns for writs and tlielr enforcement, nor for methods of trial that must belong to the discurston of x qno warranto, Now I understand that the ‘i-mpomum of this proof laysout sy the end and the lmit of your inquiry and of ‘ynnr duties, and your powers, that of judicial fnvestigation’ upon qno warranto. If you'are made s mupetior Cane varaing Board to determine whether Gov, Stearne’ certificato to tho elfect that the Electorn wore ape polnted {a valld, and you are nothing but a Return. ng Desrd, surmounting the final Meturning Boanl tokee whether their returns Justify tint corttlcatos that at oncoyon find thut It does; ihat the de facte title snd poscaslon fs complete, ‘nd that notiinjt but u jurisdiction that conslats of de facto titly and ?M!cflllnn can begin, can find the case for be- ginning the conlderation of the question of right. thin quo warrunto suit, 1f It becomes snbject of evidence, o matter of evidence that declares ab- solutely on tho potition of the Tilden Klectorn thai: the llaycs Electors arc in poseession of that facnle ty, the ofticc or what not it may be, and arny exerclsing 1t, and they nek that an lnq.nlry may then proceed In due course of law, Dbringing them In only by process on tho 18th of’ December, long affer “their vote, (o Inquice whether that posscesion and that exercise, s 4 matter of right Letween them and the Iayen Electors, I8 or is not ACCORDING TO LAW AND TRUTH, Wo have the Governor's certliicate, and he {6 the very man that passed for the Siate on that ques- tion (which farnishes the right to meet and acty thatthls {s the list of men that were appolnted, ‘These certificates rnder the Stato law form na part. of the return to the Prealdent of the Hounte,” out when the same Governor excentes under Federal Jaw the same daty under the same evidence, wo lve Ihe cortifcate without the production of the antecedent one, Now, what aro we gather in respoct to o -I‘?n of this transactlon. which {s the uit_of the Fedeal vote for I'realdent by the qualified Blectors? 1t e thelr own vote. Thiey uro not dolegatad to make.a yote according to tho instructlon of - thelr Htate. They are nat deputized to gurlnrm the will of any« dy. ‘Flier aro voters who exerelse free cholco and” aathority to vateor refrain courso neglecting a duty) and to vof YOIt WIOM TIHEY PLEASE, and from the momeat their voto (s sealed and sent forwnrd towsrd tha seat of Govermment no power 1n the Htate can touch 1t, sreest it, reverso I, cor- rupt it, retract It Nothingfe to be done cxcept count {t, and connt it as It was deporited, Thoro Electors (At prg-enl cloction W0 cltizens fn num- the 5892 from voting (of e B (¢ ber) have tho . Constitntion made for tbem qualifications. dependent upon the action of tho Hiate, If the Htato doea not nct there aro no gualified Electors, whataver s tho **be al State'aaction up to *1¢ the Ktate doen act in " gadthe **end all " of the o time that voto fu cust, is tho *'ho all ™ and the *'cnd all** of the qualitica- tion of the Elector. ITe fa then depositing hiyOUALIPIED BLEcTaR 4 epositing his vate to accomplielt the purpose, an ;hnpt.a voto [# 1o be connled when the votes are’ col- ected, Now it e an abeolute novelty, unknown fn tie States, unknown In tho natlow, that fudiclal in- uirics can ve interposcd toatop the pofitiealaction thet leads to filling a maglstracy, 'The interest of the Btate Is that It sball ‘be filled. Ailin of it s tha exercirve of a olitleal sight, the discharge of polltfeat gnly. Tou do not step with a judicial investiza- tion {nto a ballot-box upon the ‘seggestion it has been atufled, nud stop the election until that que warranto fs Anfehed, and then wion you got to tha Orat canvasecr stop this count from ‘:'olm: on be- cauaa it {s & falve count, and have thy Court de. cid 00 with tho County Canvassers, stoj their transactions In ranid nmzr 8 to tho result atued at, to-wits the filllug of ofice with a quo warranto thero and then fu the State canvass, snd then heroitia AN ABBOLUTE NOVELTY, 'The novelty of the situatlon produces -Iranas re- wnlts, Never before has thers been a retardation of the political transaction of counting an elec- tous sud o accomplish that shuost”s miracle Las been nceded, for tho sun and moon hava been mods to atand still much longer than they waro for Joshius In his confiict In Judea, and you will find that the attempt to bring Judies (I du'not speak of Judges {n_tho oficlal capacify that some portion of this Bench uccupy in the Bupreme Court, but I meon judges of nature, of fuuction aud oxerclee) into the working of this schere of hopuinr soverelgnty in its politieal view, will I ntulerable, will defrund and defeat it by the naturo of that Intervention (uok thu character of tho porticutar transaction of tho judges), till the Govurnment of the judges will have superceded 1ho soverelgnty of tho people and therw will be no cure, mo roxort but that which the Chlldren of Israc? bad to pray for—a Kiog. O’CONOR. CLOSH OF THE AKGUMENT ON TUX BUBJECT OF EVIDENGE. WasmiNatos, D. C., Feb. 5.—Mr. Charles 0'Connor followed 3r. Evarts, closing for the Democrats, He spoko as follows: My, PRESTDBNT, AND GENTLENEX df Tum Cox- aisatons In referenca to the question as to what 1ho elemonts of Mquiry aro within tha reachof this Cummiselon, the cuunacl on the oppoatte side stand in direet couflict, and tholasuo formed botween usla this: Wo maintalu, se ropreeciting whatars callod tho Tilden Electors, that this tribanal hss full aa- thority to investigato by all judicial and legal means tha very fact, and theroby to nscertaln what was the vota of Plorida. On the other band it is claimed that this learncd Commlission l¢ re- strlc merely . to tho determing. tion of what may be the Just inferenco from the docuwents rciurmed to t President of the Senste frow Florlda, malnly re oelug themaelves, however, on the propasition they are ofiiccrs du facto (without right, but only thocolor of it). ‘The sdvocates of the Hay Electors claim that, inaswuch as theso Individnal cast tholr vota when pussesscd uf some document which gavo Lo them the color of claiuy and of right 10 that office und to the performauce of that duty; tho fact that they sctud on thls color and did cay of thelr owa wotlon, of thelr own personal will, through tholr own right of selection, votes which srv sont here 48 votus of Florida, completely FHECLUDRS ALL INQUINY, and that it \s impossible fur any carthly tribunal or y individual to investlzato into orto determine the Invalldity of thelr elalw, ~This issus (thus, se Itruat, nuttoo narrowly stated) gives rlsv Lo the uestion, What aze tho powers of thls Conmisslont ‘iowa powcry sre distinctly, and fully, and bricily exprovsed in this admirablv'docsment ‘(tho Elects oral blll), destined, tothe fumarts] honor of thode concorncd in too 'preparation of it, to puss into Blstory with your act, ‘Thoy sre expressed inlines 78 and 70 of The House LI *Tho same powers, 11 any, uow jussesscd for that purposs by the two Houxcs, ucti scparstely or toguilier. " "You bave dhus (and shis s tho tent) all the pawers of thosa I:a Ilunln which could possilly exist under the law as fxed in the Coustitution aud lnPu-exhtll‘lhlnhn for the porpoas of your deferminatios, and this brings us to tae gquestion, What powersare posscasad the two llou separately ortogetbor, in deallng with the whold of thix questiou Louchlag the oloction as 1t ariscs oa the facts, whick exlst, or which msy exist snd n:{ be provaut £. 0'Congr doclared that no power 10F ANY DESCRIFTION deserving the namo of power Lo investigate aod de- cide realded b the Presivcnt of the Benate, and It is mast wanilest he has none but the mercst cler- lcal pawers, nor any abllity to do asything except toopen the packets, Dot when we come to the presumption that there ahall be a count, waare not told that there shall be a connt of ail the certificates, or of the certlfeatos, anything In the certificates, bat that thei s count of the votes. This, 1 humbly sabmit, In- troducen an {mplication that somehow, or h{ fome- budy, from this maen produced and phyalcally laid before the Ionses, there will baany {avestigation which tho nature of the case may aeem to roquire in order to determine WIAT ARE THE VOTES, ‘There {s a prefiminaty {nqoiry, and whether you denominate 1t judiclal, or ministerial, or exeene tive, it Is to be an fnqniry ; and a power to institnte or carry on an_ Inquiry {s nelther granted In the terma nor provided with any postible means of ex- ercive 10 far an the President of the Bensto j9 con- cerned. and {s left to the Implication that it I8 to be excrelacd b‘“um! who may have oceaslon to xct officially on the resnlt. Now, who are they who are tu act officially by the terms of the Con- stitution and in the performance of daty ou the count of these votest The Constitation fs plain, Tho volel-mennluql._ of corree, the legnl votes— are to be counted. The count [s the merest of 1dle minieterial ceremonicea jn ftnelf, Lut the ancertain. ment of what votes are there presented asclaimanta 1o the power of being recognired in the selection of President and Vice-FPresident necessarlly de. volves npon that lmdg or the fenctionary which fs obliged tn act npon thst which is produced as o re- waltof the count, Now. unnuestionably the firat and primary duty of each of the ovacs, If there {8 o plaln count showlng the election of oue person to the Presidency and of another person to the Vice-Prealdency, 18 to recognize that co-ordinate department of . tha Government, the Execntive, All the world may count. No marial man can doubt about the connt} but the world I8 not called upon to act in relation 10 the count until thatconnting Lins been NECOONILED BY SOMEDODT, snd offictally recoymized; aml it 14 the duty of the Houwo of Hepresentatives, at that point of time, to determing whether sn cxigency han srisen which renders it Ita duty to recognize that a verson Is Premdent by a msjority of the legal votes, or Whether there has been a faliura to elect by reacon of o tic, amil in that event, if it occors, the lloune of Kepresentatives in Lonnd at once to act and to elect a I'realdent itself, The aame observation ap- Henate in refercice to the Vice-Presi. on Lhat subject the Senate In called ike manner to recognze the fact of an election, to allow it, admit it, and -m(‘n It as n fact, or to deny It and'say it In not so, and then It self to proceed ta clect &' Vice- President. I atiach no imporiance to the word **coont,' but I sttach importance from the very natare of the thing, from the laws fnwrought Into the con- atitution of human belnes, and of human events, 1o the fact that those who have to act ofictally are s who uet do whatever may be oeeded for the purpose of ENADLING TIEM TO COUNT, and act i anc direction 6r the other. s the ease may require, In confermity with that connt, founded upon thelr preiiminary investigation, so far os any investization may necessary, No man or no ly 1s suthorized to make or to declare the count uniéss It e thuse two Lodies respect- ively, Now, it I8 to be noticed that each of ‘hosa Lodics has complete power of investigation, ade- quate power to take proofs through committees or otlierwine, on any matter on which it may be olliged to pass. Either Lefore or after the opens ing of the Electoral votes TIEY CAN INVESTIOATE, thoogh not with the formalities of & Jury, nor une der the precine forms of a judicla] procseding, but thoy ean investirato an pallilcal or leginlative bodicn may, all the fucls and circumstances thatare neces. eary'to bo known in_orderto entighten tho Judg. ment and to golde then to a Just und righteodn de- cislon. Our constructiun thus vests in these two Honscs, by nocrssary implication, on sach a cone tingency arising o8 18 here presented, the power to do Whaiever may be ncedful for the accomplishe ment of justice, Wlat {u the objection to that comtructfont The wholo argument againet It ro- solves flself afmply Into common crery day ar, ment of the inconvenlent, the argumentum ad in- contenientiam. Thoso who would seck to grusp and hold office by fllegal, {rregnlar, nnlawful, fraudulent means, claim ‘that it would be incon. venlent to take 8o much troublo &s might bo ucces- sary in order 1o INVESTIOATE AND RIGHTLY DETERMING on proofs the ‘question of thelr delinguency and falslty of theirclalin. The objection, you per. celve, applics os wuch to ordinary wriis of quo warranto {u reeard to ordinary ofticers an it doea to thia inquiry, If it should take place before Con- press, for no court or set of courts conld ever con- nct within the compass of any human Jife-time the investization which might by neccssory it de termining the clalm of a single oficer. T herefore thin argumentum ad inconcenientiam in s unfa. vorable to goneral procedare of courts of juatice in actlons of quu warranto s 1t Is to the procecding lere sugyested. Now, in regard to the le,;tl question presented, s to what power each (louss of Congress has under the oxisting laws,und what pawers con. w‘uenlly this Cominission can excrcise, wa say, 24 the ledrned manager for the Touso stated In the openinic of this case, that there Is no technieal lo- gul limit or barrier ta it, but that you exerclso the agmo high power of the Government hat hi waya been exerclsed in such quastions, Kven in the courts of commwon law, to which application 18 miade, to obtaln the writ of quo warmnto you ex- arclsg tho same discretion, and yon can Minlt the Inquiry (when tho pointariser) within those limits ihat are proseribed by necessity and convonfence. ‘Fhis Ia our viow, stated aw lul? as it 1+ In my pow- er to state it In tho briof time Tam permitted to oc. cupy tho attention of your lHonors, We asy that there fs no limitto the power of investization for the purpose of reaching the ends of fustice, ex- cept such una due regard for public cunvenlence aud tho intereats of pubtie justice and of society at Iare may Impodc v the ‘oxerclso of that discra- tiunary sutbority. ‘We are told that here wo stand in the second centory of this lepublic's existence In such » condition that thera fanio possible remedy againsl the munlJlnlpnhln fraud and forgery that can ba perpotrated, or nzalnst any vutrageous acty n violation of the rights of the peonla of the ru. Apective States, end of the whole Unlon. We ara told that there 1s 1o remedy: that Congroes must #it by biindly und stlently and permit an allen to bo tounted’ Into ofMice as President. of the Htates; must elt by aud per- wct of votgs III:AIII’I and palpably feaudulent (given by individuale, not only dlsqualided for want of having been chioden by the cltizeuw, but bl themuelves abrolutely disqualis ficd by tho Coustitution from ucting §u oflice, or from casting vote) to be counted, sud must vermit the usurpation contemplated to take placa, mercly bocause our wiso forefathers (ono would tuink (hat the compliinent was intended ns & sarcasm) had chosen tu so constitute the Gavernment that they ceeated that Injustice, huwever flagitions nlfilu bo rer potratod in open day without the pessiblihty at Ilv&nz any remedy or of even uttering decor- ously a compfalnt. 'This we humbly submit CANNOT BE. ‘Tho Conatitation and the law of resson forbids it, Allacts, however wolemn, however sacred, frotn whatevcr qnarter coming, by whatever body perpes trated, aro liable to review insome manner in some Llldlclul or otlior tribunal, o that fraud and falsce ood wnay slirink abashed and defeated, and moy fail in an nttempt to trataple o right Jescems 1o be virtually conceded hera that the Quvernor's certificate is ot conclusive, 1have not thno (o say much sbout that, 1t is not required by the Constitntion, 1t 14 unly required by act of ‘ongres The Governor cannot be cumrellud to ive it, Many cireumstances may prevent bis give ngit, and ho may have given jtunder circum. astances of plainly fasitious falschood without any election, without any proe nfi lad to sauction it He may have given his certiticate to his four httle bo‘{ and constitute them an Eloctors) Col- lege ani :llll vote which thoy gave pureuant to his Mfid!nz. und by force of hlscertificate, would b come AUSOLUTELY CONCLUSIVE AND BINDING on all the autharitics of the United States who had any power Lo act {n tho premisce, Waclaim that ont hiave 8 right to Investigato this matter, and detorminu two m!nl'n: First, whether the lln{u Klectoral vota is valld. The finsl decislonat which o may, -r:h«ml{ reject either or 1wy reject Luh. They oru not involved in )m:hul{ iho wama questions. Necessarily ditferent questions may lw\l{. and the vote for Hn‘yu iway be pronounced invalid, ana the voto for Tilden equaily so, 1bave not tinie to discuss moro fully the question a8 tothe right of sciihing the Tildon vote if the llayos votomay bo rejected. Inthollittle timo lof} “ta me 1 have ‘bardlyan opportanity of saying 8 word in regird to that which is thu inaln rellunce of the uther slde, and that ls $he doctrine of an ofiicer de facto. What [s thai? Tha best definition of an ofticer de fucto which 1 have fallen in with I that given by Lord Eitenbors ough In the caso of the King ayainst the corpurus tlup of Dodford, {sevel C, East, 388.] An ol cer du facto, be sayw, le one who has the reputation of being tha vtticer ho weewts to be, aud yet 18 NOT A GOOD OFPICEL In polnt of law, Now, what Is the proposition here contended for? That these vlicers, Laving actod under color of right, and having completel exorcised and perfected the function whb whic thoy appudr, it s sald, to charzed, and with Which, 1t they “are duly ‘slected, the wero charged, suy aubsequont attemipt (o sct nalda would be cuntrary to conveulence and mischiovous tosocicty, Aro tho Lunk-notes of # Lunk not hav- lug authonty to fesus thew, aitboush slgucu, and perfected, and dmmoed, aud put nto the hands of au sgent, vulid und cltectual under this privciplo until somie person has condded In thouw and bas roe ceived thenr, and béen thus mislod by the appear. anco of the rigut with which the bank had ime properly :lult:d Itscl{t Now we malutain that nuther tho public gued, nor the protectivn of men fi decuption, nor any rule of couvenigucy or Potiey roaikes o sIOWERce L Lroionyegiguce oe whose bitie eu luvestiystion by competent authosls ty before the votes have been opencd and counted Las beea ascertained 0 Lo groundions., Referriug W tho facts of Lho case, what do wo fnd? ‘'Thera are fuur goutlomen ses down with tho falxa Uoveruor's cerfificute or sham certificate {rum the Buard of Stals Canvasscre, and thoy, of thelr .own snthority, cestifying thelr acts thow- selved, cast four votea fn o given direction, put thom fo u packet, aad seud 1t to sn odicer who cannot look at it untll the time of its preseutal for the purposo of belng considered aud counted. ‘Thelrlsck of title was sacertalned by s solemn weit of quo warruuto, It was determined that TUEY WERE USURFERS, that they bad uo right to ofice, aud that thelr scts wero vold, s there auy such princlple as that the £ BT 1g¢ $ PRICE FIVE CENTS. g inchonto ar partial action of anoffer 2, tocn | and binding the members to secrecs, Tn th ‘ o 5. Inthe NecSpiaes foryard and g0 o, U o lonbY | feoret mesnion Proctar. Knott sepantel to the invalldlty of that officer's clafm [* 235 estab- lished? Whather we copas. on m-'r: IR manto, g lemen's clalm to the office of Elector, or in whatever shape this matter ix presented or careled forward, the act of these oficers de facto fail to have reached n point whare they can havo or take any effect, or can DECEIVE OR MISLEAL ANYDODY. ; Itis shown and estaldished by compotent means to' ?e ‘l:cl of those who no authority to per- orm it. The Tildcn Electors who, although they had no docamentary ovidence to cetablish thelr title, had Actuslly biecn elected, if our evidence is to bo be- Neved,” convened their Electoral College, per- formed thelr ceremonics, which the Constltation and Jaws of the Unlted Biates enjoined tpon them, aud which it was pomsible to perform; failing only in this, that they did not obtain the eertificate of the Governor. They corwtituted a College, they icted, and thcy sent foraard thelr voter, ‘Tiia Jou lave two rival bodics actingat, to be sure, iho n‘m and In the right piace, prescribed by thy Iaws bearing on the anbjoct; two_ rival bodies, ono of whicl was compored of persnns rightfully and aly elected, and the otlier of whica was composed of persons who HAD XO RIGHT, bat only mere calor or prutense of right, who were usurpers, 8 has been ancertained fi oue form, and Wil be aacertalned In muy other that may be satis- factory to you, If yon will permit us to farnlsh eridence, Now this i the actual conditlon of this case, The Constitution preacribes no form eave such as has been complied with by the Tilden Electors. ‘The law of Congress prrscribes no forms which were not complfed with by the Tlldou Electors, savennd excopt only that they could not ubtaln dlspensable, and ‘ be gatusald and con- tradicted even If it had been given, and wie falac, 50 that in this case of rivalry befweyn these two retsof Electors It appears to me that v:a pre- nent the best legal title, “That we have the moral Hght Isthe common sentiment of ali mankind. Jt will be the judyment of posterity, As to what v actie Aliy hieke, tno course of 1y argument has tended to catablish and hias been Intended to establish, and I 1t lina any valuc hins establislied, that each of Cougress has jurisdiction of the inatter; each Of thew ot least of one section of it, and therefore that ali evidence which, ucordlnlp 20 the customs and urages of all lepinlathre budier, cither flouss has taken and has on iis flew, aud will coneentto mend in here, or has sent bz here, i already evidence [n the case 8o fur as 1o be Bete, and to beread If it comen within the runge of subject and of matters of fact which your honors allow us to Investigate. After some citations of law-pointa by counsel on both slides, tig Preskling Justice announced that the Commission would now (half-past 2) toke a recess for three-quartees of an hour, and. that no other maltters would be taken up to-lay ublic session. Afier the recess the Commissfon remainad' in scerct sessfon about twenty minutes, and of ter authurizing the announcement that thire would ba no public sesslon to-morraw, ad- Journed, to mect at noon to-morrow for coi- suitation. VARIOUS, TILDEN WILL, HANG ON, Special Diwpatch to The Tridune. WasminotoN, 1. C., Feb. 5,—A prominent Democrat, Chairman of one of the leading in- vestigating Committces, says to-night that, 4 the final declsion of the Electoral count 4s agalnst Tilden, he will not mccept the resvilt without further contesting his richts fn coui't. The last scctlon of the Compromise bill pro- vides that cither of the partfes in [nterest, not~ withstanding the award of the Commisalon, shall not be deprived uf his rights undert bo Constltution to try the right of the Presiden ry by an action In quo-warranto, ‘This Chalrm.tn says that Tilden certainly will commence t.3e biggest lawsnit of the century to obtain tha ¢ f- fice It he {s defeated by the decislon of the Coin- miasion, JUSTICE DRADLET. A rumor has been in circulation among the Democrsts during the last day or two that Mr. Justice Dradley was gullty of fssulng somo order {n conooction with the apuolntment of o Recelver for thie Memplls & El Paso Rallroad Company several ycars ago which would not ‘bear lnvestigation, and that, therefore, those who had knowledgoe of it. mizht be able to use it to{nflacnco him'in his action a4 & member of tho Etectoral Commission. 1t is proper ta say that the story which is now revived is un old one published in New York several yeara ago, ana that it was not at that time deemid of sufliclent. fmportahice even to be denfed, or to bo further noticed. TIE COMMISSION APTER RECESS, Tho Electoral Commisslon was in_ s elon, after rceews, about twenty minutes, after authorizing the announcement that therg woild be no public aessfon to-morrow, adjourn- ed to meet at 13 o'clock to-morrow for consulta- and, cessity of a speedy determination of thia interlocutory queation wos unanimously agreed wpon, uud the Comumnission resolved to remain fn continuous sesslon until o flual voto upon this polnt is taken. It is possible, there- fore that by to-morrow night, for tho Judges would acarcely act tiie nlisht through, & declsion may be rendervd which wlil settlo the mportant question fuvolving the great Presidential Jaw- sult. Tho Republicans are hopeful to-night as to Floridu, but the Democrata have not relaxod thelr confidence a8 to the general result. LOUISIANA. FIELD PIRED OUT. Special Dispatch {0 The Tribune, ‘Wasminaroy, D. C., Feb, 6.—Ficld's Com- mittee began work halt an hour late this morn- ing, Proctor Kuott being present as s figure- head. A Joke ran around that, as tho two Houses had been {n recess, and the flage had been up for two nigbts and o day in suc- ccasion, Ficld's tardincss was probably owlng to the fact o had kopt his eyo on thoso flags through both uights, sud found 10 o'clock rather an carly lour to begin tho morc comwon business of Mfe, Casauave, of the Returning Beard, was first called, It has been the purpose of the Republicans to ask bim o few questiona prellminary to the examing- tion of Wells, but, onco upon the staud, Fleld continued his cross-wxamination, woing over gvound that las been covercd before, and sppar- ently FROLONGING THE INQUIRY for the purpase of throwing Wells' examination over until after the adjournment of the Com- mittoe, Tho purpose In this soon became ap- parent fna wotlon made by Fleld to print the testimony as far as taken and submit it to tho House. This was stmply o part of a gatne which Fleld had been playlng for about o weok to prevent tho testhmony of Wells from golng to the country or to tho House in connection with that given sgalnst him last week by Lituleteld, Maddox, Plekett, and otlicrs, The Republican meuibers objected to this un the ground that tho testimony thus far taken fn many linpor- taut particulars only prescnts one sido of the case, and Judgo Lawrence called attention to A PRIVATE PULLICATION, evidently mado with full access to the evidence and records of the Comunlitee, and denounced tho act as a violation of tne privilezes of tho Committee. Ficld at ouce defended (¢ as if it were @ matter of the mcet usual chag. acter, while Parks Iothwated that ho saw no propricty in it, and Proctor Kuott declarcd that un exhibition of the book by Judge Lawrence was the tirst Intiuation thut he liad that such & publication had been made, At this awkward aououucemeut Field at once moved that the matter be considered In secret scaslon, and the room was clearcd, This book of evidence Is the ouo meutioned fn these dis patches Jast night. A closo examination of it shows It B OFEN TO EVEX SEVERER CRITICISM than has alrcady been made. Field manifested much surpriss when Lawrcnco charcterizod the publication as a violation of the privileges of tbe Commitice to print such unauthiorized and unfalr compilation, But members who bad had experlence in Con- gress felt that the sct coulduot bu excused, and, ad Sparke and Knott of the Democrats fa tury repudinted it, Field saw that tho only escape Wwus through au explauation in sccret seasion, pamiphiet, and stated that he had nothing to do with the matter, as dfa Bparks, of fllinofs, an- nnd; 4 = on tho pm:r"’v:'xlc'n":.".",":.:"fi':r;"f.?{e?:a_ a2 :’; and | other Democrat. The inference plainly fs, that pasred upon by your Honors for 4@ poseof | the entire compflation was made by Flellasa howlng the niter invalidity of the trick to deceive the Commieston, It 18 not cer- tain that the matter will not yet be brought be- fore the House as a question of privilege. GOV, WELLS, of the Toulslana Returning Bodard, was cxam- ined at last by Dudlcy Fields' Committee. Fe did not pive the kind of testfmony the Detio- crats had expected or desired. Fleld examined like an Old Balley fawyer upon every word of the letter, but did not break down Wells® expla- natfon. That was that the letter had been written to Senator West as a suggestion that the Preaident **should see to ft that the Repub- Means were protected In Loufsfana in view of the great efforts making by Tilden people to ine fluence the action of the Returning Board, and to inslst upon tho Irauguration of Nichole, Wells swore that Dumcan F. Kennet, in behalf of the Democrats, offered him $200,000 to have the State returncd for Tilden. The Democrats did not press the cross-cxamination upon this pofnt. Wells Is tho first witness who has ever withstood the bad- gering of Dudley Fleld. Ife did this, and often SUDJECTED PIELD TO RIDICULE by sharp aud richly merited rebukes, to the great amusement of the Committee, Wells answers were glven Ina very earnest manner, 9 g :nscho"‘;f,',:;'g’:d.“';mw°;' and v peetty | and when repelling the accurations ogainst his ermor's cerilficate 1s _ not absolw'ely In. | cliaracter, he was unable to restrain his passion, He refuted the teatimony of Littlefield fn every Important particular. Littlefleld swore that cer- tain papers accompanylug the returns from Ver. non Parish he burned by order of Wells. Wella swore that the papers alleged to have been burned did not accompany the returns from this parish. The package from Vernon Parish was opened in the presence of the Visiting Com- mittees of both parties from the North, and the minutes show that the package dld not contain the papers represented to have been burned. Wella' answer to Littleficld’s story, therefore, was that he coull not have ordered burned what was not there to burn, He also tlatly and emphatleally contradicted ALL THE IMPORTANT POINTS of Maddox's testlmony so far as they reflected upon him. The latter had stated that, on Dec 0, Wells Informed Dim that the State would za 1,200 or 1,800 for Hayes. The truth is that, on Dec. 5, the Board reached fts con- clusions; that on tho morning of the Gth the return was made for Hayes, and published in the local papers for a larger majority. To day's Investigation by the Republicans is bul the vpening of a linc of evidence that will fully exposa tha perjury of Littlefield and Maddox. CHANDLER'S TELEORAMS, The Democrats say that the Field Committee 1ms obtalned possession of Secretary Chandler's ‘bank-aceount aa Chairman of the Natlonal Re. publican Cominittee, and that the account con. ta'ns several {tems which will make n sensatfon. Sceretary Chaudler says, however, that there g not .4 dullar of the fund which cannot be prop crly accounted for. . Groyn, oneof the clerks of the Keturning Board, has arrived here. Republicans expect that he will refuto Littlefleld’s testimony, and deny that .onlers were given to change the ro turus. Gron s a colored man. M AUDLIN MAGNANIMITT, David Dudhty Fleld 15 understood to have begeed, in sccre ¢ sesalon, of his assoclates upon the Investizatinn* Committee to tuko no steps which would hovd bim up to public censure fe the Houams upon the breazh of the privileges which he committal in preparing a compllation of n gartiled portion of tho evidence taken hy the Comuulttee to be presented to the Electoral Court wit h tho tmurint of theCommittee upon ity It is alsws reportedd that the Republican meme bers of thiyCommit,'ec,afterallowing themselves tobe badgered and by llied for weeks by Tweed'e lawger, mird having oNuffered the Republican casu to be mfarcorescnt. ) and perverted, and declinlog to'gd futo the K, use and enforce the rights wisch the Commity. %0 under Fleld's munagement baa declined to g.'ve them, meekly consented to relleva Fleld of . %e responsivil- Ityor . AN USPRECEDENTEDLY GROSS, UNpA BLIAMENT- ARY AcT, : by agrecing to take no steps to maint MP the tion. Thera wos not enough Interchange of dignity of the C Touse. views in the secret council-roum to furnish auy { $ISUILY of tho Committeo fu tho 1. "0Ut clow to the final decislon. ‘Thu ma. | 1 this report bo true, tho Republ. ‘m members of the Committee, by pe. mitting themselves fo bo bound by the recent actlon of the Committec, which, under the rules of the House, they can only e volun- tarily bound to do, will allow tho gurbled testl- mony to be filed with the briefs Yeforo the Elee- toral Count as an nonest compllstion of the evi- dence. Fleld I8 represented ns having beon plt- iful in his entreatics to the membors and to have excused himself on the ground of parlia- tuetary usage, . VILLAINOUS AXD HORRIDLE. crutic House is unparalleled fn Cougresslonal Llstory. Ho Ia confined fng dungeon in the erype of the Capitul. The walls are altiny, the ventilation bad, and the alr polsonons from dangerous gas-leak, He fs kept under the clog- ot guard of a speclal Deputy Scrgeant-at-Arms. NO REPUDLIOAN MEMDER OF CONGRESS AL- LOWED TO APFROACH HIN. Representativo Wilson, of Iowa, went to seo him, The Bergeant-at-Arms sald that he had orders not to permit him to enter. Wilson went to the Bergeant-at-Arms of the House for adwlsston and could not obtuin it, Indiznave at tho Spanish inquisition established by tho Democrata, Wilsou went ta Speaker Randall and notified him of tho facts, and fuformed him that ho should call tho attention of tho Iouso sud country to it as n question of the highest privilege. Randall begged him nottodoso, and wavea peremptory order to admit Wilson to the prisoner, Tbis order is only an extraondinary exception to tho prison discip- liue. It wasnot to bo wondered 8t that Wells camo to the Committee-room somewhat heated; and that his cxamination was attended by SCEXES WILICH WEHR ALMOST VIOLENT, Dudley Fleld has discovered that the bullylng of a crinfual lawyer 1s not the treatment for Gov, Wells, of Loulslana, Wells repeatedly turned to tho Chalrman with respect and beg- ged ta be protected, adding that If the Commlt. tee did not protect bl ho should protect hime sclf, Democratle correspondents to-night are secking to givo siguificance to these words by stating that Wells had a loaded cane with him and two revolvers, and that in his position he might have shot Dudley Field and Maddox, who sat oppasite, Tho same Democratic au- thoritics say that the Bergeant-at-Arms will to- morrow divest him of theso weapous before be cuters the Cowmittce-room. 18 IT WASHINGTON O PALMTEAT Oueof the Northcrn Republivan correspond- ents who visited Now Orlcans and know Wells, happeucd to speak to bim in the Committees roow, when a Deputy Bergeant-at-Arms Linme- Qately loterposed between them, stating that he was obliged to hear everything that was sald to Wells, and requasting that s casual remark ba repeated, CABANAVE, 0 the Wastern dssoclated Press. c Wasutxaroy, D, 0., Feb. 5.—~Tus Commit- tee on tho Powers, Privileges, and Dutles of the House {u Counting thu Electoral Voto met this mornlug. ‘The toom was crowded, owing to the expectation thut @ov. Wells would take the staud tigst, as agreed upou Batunday. Jostead of him, however, G. Casanave, of the Loulsfans Returning-] , was called, and testified that Lo bad no knowledge of any alteration of the returns from Veruon Parish, and bas seen nona onany paperlald before the Board; hud no aw The treatment of Qov, Wells by the Demo- - oS A e R e N P R R RO s ARV - A S S8 R S P00 £35S R A 5 R e T Lt L YA AT ST F A A £ Y O e - e