The New York Herald Newspaper, December 13, 1872, Page 3

NEW ORLEANS A Day of Political Turmoil in the Crescent City. ‘TWO LEGISLATURES BUT NO GOVERNMENT Pinchback Receives Support from Wash- ington and Defies the Courts. Elmore’s Judgments Laughed At. THE LATEST PRONUNCIAMENTO The Prohibition Arguments Before the United States Supreme Court. New OnvEans, Dec. 12, 1872, ‘The events of the day have been very exciting, ut so far have resulted in Ro open disturbance, This, however, may occur at any moment, Juage Durell, either through commendable pradenee or fack of nerve, has not yet ventured to arraign the parties in default for contempt of his Court. Re appeared on the bench this morning, pale as a ghost, and without transacting any business ad- lourned the Court over until to-morrow, Both Legislatures have been in session all day, enacting lawe with a rapidity unknown in calmer and more peaceable times. That at the City Hall entertained 8 bill ABOLISHING THE METROPOLITAN POLICE, and made aheavy appropriation to the militia service. That at the Mechanics’ Institute has con- fined its attention to country affairs and abusing the opposition party. About hall-past one o’clock Pinchback received a telegram from Attorney General Williams, pledging his government the support of the President, and straightway Kellogg stock advanced heavily. This fact was announced to the committee of one hundred citizens, then in process of making arrangements to go to Wash- ington, which at this time was being addressed by Judge Jonn A. Campbell, who doubted its authen- ticity, It was decided, however, that this should not interfere with the purpose in view, and several REMONSTRATING DESPATCHES were immediately forwarded to General Grant. Shortly alter this the Kellogg party, which had ‘won over the Metropolitan Police force, sent a force to the Auditor’s Office, and, forcibly ejecting Mr. Graham in the mostsummary manner, installed Mr. Clinton in his place, where he has since re- mained undisturbed. During the morning Judge Elmore, of the Eighth District Court, ORDERED THE ARREST OF PINCHBACK, who refused to acknowledge his authority. The Judge subsequently, at a late hour, stated from the bench his determination to arrest and punish ‘him for contempt, ifhe had to apply to the Gov- ernor for the aid of the State troops. A detach- ment of militia, numbering about two hundred, have been on guard at the arsenal since last even- ing, This morning the old general officers were superseded by both governments, and their places filled by others. Genefal Longstreet has been ap- pointed major general by the Pinchback govern- Ment, and General Waggaman by the Warmoth. The force at the arsenal refuse allegiance to other than the last named, and express their determina- tion to only surrender to United States troops. If ‘he police should make a DESCENT UPON THE ARSENAL TO-NIGHT, a8 anticipated, there will certainly be hot work, ‘Truly, this unfortunate people is in a pitiable plight, with two distinct State governments claim- ing sovereign jurisdiction, the United States and State Courts respective authority in direct con- flict and two sets of officers claiming command in a@ struggle for the militia, An outbreak may occur at any moment. Pinchback’s proclamation has been received with scorn and contempt, and the authenticity of the despatch upon which It is based is very generally doubted. “Extras” have been flying around all day like leaves in autumn and a uigh state of excitement prevails. THE SITUATION ALARMING. In the meanwhile only a small detachment of United States troops keep guard at the State House, who are treated with great respect by the citizens of all classes. It is very plain that such a condition of affairs cannot last long without serious results. One or the other side mast back down soon, but so far both seem equally deter- mined to maintain their status, The committee of citizens is said to be the best representative body ever gathered together, It represents all the large moneyed interests and leading professions. Politicians have been carefuliy excluded, and as Its members are all pledged to go to Washington with the memorial it is thought its voice will be po- Aent for a peaceful settlement of the diMculties. A WORD WITH WARMOTH. Your reporter dropped in to see Warmoth to- night and found him somewhat despairing. He sald it would be impossible to pass or execute any Jaws in the face of Attorney General Williams’ de- spatch announcing General Grant’s determination to support Pinchback; but that the people, for self- preservation, must keep their Legislature together and maintain their government until the facts can be properly laid before Congress. Measures will be taken towards this to-morrow, and when they come to investigate these mat- ters there is not a radical Senator Dut what will repudiate the base attempt at usurpation. The election was perfectly fair and honest, and if the people are cheated out of its result the suffrage is an empty show. The un- ‘warranted usurpation is the result of a foul con- epiracy. So it must and will be regarded when the facts become known. “Why, sir,’ said he, with much feeling, “there never was a more wicked outrage consummated. I saw men, strong men, weep to-night at their help- Jeseness to avert the awful future open to them. Louisiana is irredeemably ruined unless relieved of the fetters thus riveted upon her.” THE KELLOGG PEOPLE at the St. Louis, are very jubilant, regarding the victory as completed. They have received a score of despatches from Washington all announcing a certainty that the Supreme Court will refuse the writ of prohibition and are too much elated to give much attention to their plans ior to-morrow. With this outlook trouble will most probably be averted notwith standing that public sentiment grows hourly more bitter. A DESPATCH TO THE PRESIDENT. The following was telegraphed to-day :— To His Excellency U.S. Grant, President of the United States :— Claiming to be Governor elect of this State, I beg you, in the name of all justice, to suspend recognition of either of the dual governments now in operation here until there can be Jaid before you 1 the facts on both sides touching the legitimacy of either govern- ment. The people, ying the legitimacy of FPinchback’s government and its cgisiature, simply ask to be heard through a com- mittee of 100 of our best citizens, on the eve of departure for Wash. ngton before you recog- pize one or the other of sail governments. 1 do not believe we will be condemned until we are fully heard. JOUN McENERY, Governor Warmoth recommenas that a commit- tee of the fusion Legislature accompany the citi- zens’ committee to Washington. The Mechanics’ Institute Legislature took action regarding recalcitrant members. The Senate passed @ resolution declaring vacant the seats of all who are absent to-morrow without good cause. Proclamation of Governor Pinchback. New On.zans, Dec, 12, 1872. Acting Governor Pinchvack has promulgated the following :— STATE OF LOUISIANA, EXECUTIVE DEPARTMENT, NEW ORLEANS, Dec, 12, 1872, To Tue ProP: OF LOUISIANA :— 1s ip my dut: Jdake known that the President | rior NEW YORK HERALD, FRIDAY, DECEMBER 13, 1872—TRIPLE SHEET. the United States has formally and oMicially re- So the State government of Louisiana, to been called, under the constitution of Louisiana, ‘The following despatch bas been received, and is published for the informstion of all law-abiding citizens of the State, to wit:— ym, Dec. 12, 1872, Wi To Acting Governor Prnonnact, New Orleans it are rec ized vicidese ara ete facia body smembled at, Mechanics! Institute, as the lawiul tif int flee, aad also thab all Noceaary” Aiatance eh te eee teeta and the Legisiagure wereit recog, a rotect ihe State from disorder and violence. nud (0 PreCORGE H. WILLIAMS, Attorney General. Now therefore I, P. B.S. Pimchback, Lieutenant Governor and Acting Governor of the State of Louisiana, do issue this my proclamation counsel- png and commanding all citizeus to recognize, port and give obedience to the tof the pel ‘who governmen' - 80 rooognred: Laure! Oo Co et ting an: ihe as Soins. to be the aragieiasure’ of assem! bled elsewhere than at the State House Mechanics’ Institute), to a request citizens to aid in jain- taining and order ana obedience to the law- fully constituted authorities, And, furthermore, 10 dischat of the executive duties of the State, | warn 8 OF Combinations, whatever pretence or aut it or may allege for their Acting, that they I be id to trict wecount for their conduct in the premises, and be punished to the utmost extent of the law for violations of the good order of society or Ceneagrs oe ¢ and peace of the State; and In ys ema will enforce obedience to all laws which have been enacted or may be enacted by the General Assembly of the State now in session at the State House (Mechanics Institute). Given under my hand and seal of the State, affixed at New Orleans, this twelfth day of Decem- ber, eighteen hu an enty-two, and of the Independence ‘Of the ‘United ‘Staten due ninety: By the Governor, P. B. 8. PINCHBACK, Acting Governor of Louisiana. Guorae E, Boves, Secretary of State. Mr. Pinchback signed an act, which was passed yesterday, abolishing the Eighth District Court. THE ALABAMA MUDDLE. ——_+—_——- ‘The Attorney Gencral Comes to the Re- Mef of the Befogged Politicians—A Com- promise Proposed as, the Only Method of Settling the Difficulty. WasHInoron, Dec. 12, 1872. ‘The following is a plan proposed by the Attorney General, with the approval of the President, for a settlement of the legislative difficulties in Ala- bama. tions ‘at Mon’ ery, Ala., claiming state, have ap- with his waprcya I ipromising the difficulty, ‘The officers of each organization shall tender their resignations, to take effect upon the bectenwre organization of the House of Represen- tives, ag hereinafter provide Second—On the — inst. the hall of the House in the Capitol shall be vacated, aud at eleven o'clock of thi ail the persons holding certificates of election as representatives shall assemble therein; Be fae a aae® cay prea 8 e seated Jom Barbour county, snd ‘shalt make in the manner @ temporary organization, Third—Two tellers, one Fontes and one democratic, shall be appointed by the Speaker tem, Who pl and in the presence of the He count the votes cast for representatives in of Lede gs and for that purpose they returns of the precinct inspectors of said county, or in case they cannot be procured the evidence of said inspectors, as far as the same may be necessary to ascertain the actual vote cast roy said, and the Vet deed found upon such count have the highest number of votes for representatives shall be seated as such from said ‘ty; but the persons now holding certificates of election as representatives from Marengo shall not Vote upon or in said temporary organization; nor shall any business other tuan deciding the con- test as to said county be transacted during such organization. ‘When such contest is determined the Honse shall make a permanent organization in the usual way. rye —On the said — inst. the Senate Chamber shall be vacant, and at twelve o'clock the persons hold} certificates of election as Senatore shall assemble and organize, with the Lieutenant Governor presiding, with the person hold- ing the certificate of Secretary Rayiand in’ his seat as the only Senator from Barbour county, and the votes for Senator in Marengo county shall be counted in the same way, and upon the same kinds of evidence as is herein- before provided for the House contest as to said Peevey! and upon such count the person found to have the highest number of votes for Senator from said county shall be seated as such; but the person now uate} the certificate of election to the Sen- ate from said county shall not vote upon any ques- tion while the contest about his seat is pending; and then the contest as to the. district comprising the counties Of Butler ana Comeowh shall be decided in the same way and upon the same kind of evi- dence, and the person now holding the certificate of election as Senator from said district shall not vote upon any question before he is declared elected upon a count of the votes of said district as aforesaid, nor shall the Senate do any other busi- ness before these contests are settled, No person not holding a certificate of election shall take a seat in either body until his right thereto is affirmed as above provided. Ali those claiming to be members and seated in either organization shall be allowed mileage and per diem compensation prior to the temporary or- ganization as hereinnelore provided for; after which persons holding certificates from Secretary Parker for Bourbon county shall cease to draw pay, and those contesting seats for Marengo and the district of Butier and Conecah who are finally excluded shall be allowed per diem pay until said contests are respectively ended, and the officers and employés of each organization shail be paid the usual compensation. GEORGE H. WILLIAMS, Attorney General. THE WRIT OF PROBIBITION. Powerful Arguments For and Against the Writ as Prayed For by the Attorney General of Louisiana—Arguments of Messrs, Phillips, Caleb Cushing, Senator Carpenter and Mr. Ogden. WASHINGTON, D, C., Dec. 12, 1872. The Supreme Court was filled to-day with prom- inent lawyers and others interested in the deter- mination of the questions raised in the Kellogg- Warmoth case, to hear their discussion by the learned counsel retained in the case. MR PHILLIPS’ ARGUMENT. Hon. F. Philips opened the case on the side of the petitioner with an elaborate argument of great force, contending that the Court possessed the power claimed to issue the writ of prohibition in the exercise of its general supervisory jurisdic- tion over the proceedings of the inferior courts. He conceded that the precedents in this country were against the position assumed; but insisted that, in the decided cases, there was nothing but the expression of opinion—dicta, The cases did not present the question at issue in the clear and unmistakable form in which it now comes before the Court, and the point here pressed upon the attention of the Court was not necessa- rily decided in them, Mr. Philips went into an ex- haustive examination of the common Jaw authori- ties and the decisions in the Court of the King’s Bench, Maintaining that this Court possessed the power there asserted, and that this was a case calling for its exercise. The Court should inter- pose to arrest the usurpations attempted in this case. He contended that the provisions of the Judiciary act authorizing the writ to issue to Courts of Admiralty was not intended to exclude the Court from issuing it in other cases, and said that it could be issued under the fourteenth sec- tion of the Judiciary act, which provides that the Court may issue writs of svire facias, habeas cor- pus and ali other writs which may be necessary for the protection of its jurisdiction. CALEB CUSHING’S ARGUMENT, Hon. Caleb Cushing followed Mr. Phillips, pearing for Mr. Kellogg Court of ain Durell. Mr. Cushing said he pro- sed to confine himself strictly to the question of jurisdiction, the only one before the Court. The peution prays the Court to Uden a writ of prohibi- tion or ef certiorari, or such other relief as it may wee fit. The petitioner's counsel argued some- what vaguely as to the power of the Court to issue a mandamus, but he occupied himself chiedy with asserting the power to issue a pronibition. But in refereuce to both remedies he had much to say in aMirmation of the general hg wedd a| Jurisdiction of thia Court over inierior Courts; but itis thor- oughly settled in the jurisprudence of this Court that it cannot exercise any supervisory or supe- power in reference to other Courts except such as may be expressly granted to it by act of Congress. If the question were a new one, therefore, we should have to look at tie very out: set for some provision of an act of Congress giving vo this Court the power pretended; but no such act has been cited by counsel for the petitioner, nor does any such exist. In the first place, as to’ pro- hibition. An act of Congress grants to the Su- preme Court power to issue Writs of prohibition to Courts of Admiralty, and this Court has decided on at Jeast five distinct occasions, beginning with the time of Jay and ending with Chase, that the ex- press power as to Courts of Admiralty implies ex- clusion of the power as in all other Courts. We have the cases of The United States vs, Peters, The (United States vs, Christy, The United ap- the petitioner in the States vs. Gordon, The United “States vs. a The a States vs. Pa Petitioner's cognsel pretends Ghat in eit eneas there pion not de- mous ul i i dice of the pe is. It mever was ipt the jeans of 0 a8 of others by pian. ns are unil to the con- trary. ure move other ts to act, but it cannot orreet action nor direct them todo. 11 Pennoteunatitute ite ra, because it has no statute aut wh Phalli fhe lant 90 ik nse nie Conte has DO cee supervisory jurisdiction as belongs to the rt of ’s Bench, and, indeed, none what- ) whet pocsed acta ngress, presen’ appeal then it ia true that prohibition, mandamus, certiorari or shing would be in the eretion of thie Court, Railroad (1 Wall). YG io shows th in the — Cirouit final OF me feat Sette Rahn" Wed eer pare art. Cireutt Court, in couvormit explicit pro- vision of the ‘thirteenth section of the act of May 81, 1870, enabling any persom who ia aeprived of AN OFFIOK IN ANY STATE, by reason of the rejection of voters on account of their color or race, to sue for redress in the Circuit Court of the United States. ‘The po 4 counsel declines to argue vhat this act is unconstitutional, bata m0 GIGS araee ensue De DaelnoHy any, to show its retnabinlapr ogy im virtue of the fifteenth ndinent to constitution. He an act of aay’ sufticient, ; t, yor or aeeeie. me al en | le ‘rhe counsel nat “Waid much of usurpation, in this case. Ideny there was any such usurpa- tion, but if there was this is not time nor the manuer to,correct such errer. Whether any ap- peal lies under this act 18 ttul, ait is does not then Cleon chis Court cannot inteffere, and If it does this Court can troaybintdays Waa mrgnensen an such appeal cantly sugested ir, Justice ir It avails nothing to of the hardship of Warmoth losing his office, fo Buch ‘argument can have any yreigtet with ‘the Court, talk of the peril of the Wi wi ¥ and all the public peace is simply declamation. Ample means exist Maintain the public peace to against disturbing efforts on the part of any man or any men in Louisiana. As to the argument of hardship it can avail nothing here. For nearly three generations there was no remedy here in capital cases, where men couid .be hanged by errors or usurpations of the District Courts. The condition of such persons was a much more serious argument of hardsmp to invoke the interposition of this Court, but the Court steadily resisted all such temptations, in the consclousness that they had no power. They have no power here, and of course they will not act. ‘Thank God we can iely.on the self-control as well a8 the courage of this Court. It willact when it has power, but it will not act when it can find no power so to do in the constitution or in acts of Congress. SENATOR CARPENTER’S VIEWS. Hon. M. H: ter, Senator from Wisconsin, followed General Cushing on the same side. Mr. Carpenter said he would only make a few sugges- tions in support of the elaborate ent which had been made by his associate, Mr. Cushing. Mr. Phillips had claimed that the Supreme Court of the United States had a general supervisory control over the inferior judiciary tribunals of the Union, like that possessed by the Court of ae Bench over the trivunais of at. Britain. | This he denied referre to the second clause of the second section of the third article of the constitutién, which provides that the anpelare jurisdiction of the Supreme Court shall be exercised with such excep- tions and under sucn regulations as Con- gress shall prescribe, and he claimed that the Court had no control whatever over subordi- nate tribunals, and only appeilate jurisdiction in regard to particular causes which had been conferred by the several aote of Congress; that by the Judiciary act of 1799 the appellate power of the Supreme Court in regane to suits in equity in the Circuit Court was confined to the power to review tinal decrees; that this Court had no authority to entertain av appeal from an interlocutory order or decree of a Court below, whether the Court below was procecding within or without its jurisdiction ; and that the writ of peepee could only issue in the cases provided for by the statute—that is, to Judges of the District Court sitting in Admfralty, and to other Courts, when necessary to exer- cise appellate jurisdiction vested in this Court, by an appeal, or writ of error, based upon some final judgment or final decree of the Circuit or District Court. The petition in this case shows a pending cause in the Court below, which “has not yet reached a final decree, and may never reach Buch decree. here is therefore to-vay no appel- late power in this Court in regard to that cause, and never will be, unless that cause shall reach & final decree in the Court below, Mr. Phillips has remarked that the construction here contended Ae oe make the statute inconsistent in this— a AUTHORIZED A WRIT OF PROHIBITION in admiralty causes which had been disputed for many years in England prior to the adoption of our constitution, and denies the right to issue the writ in all those causes where it had already been issued by the King’s Bench. | understand the ex- planation of this to be that while the decision of ordinary causes between man and man within our jurisdiction can very rarely affect the rights of for- eign nations, @ single decree of a District Judge sitting in admiralty might embroil us in a war with Great Britain or with any other commercial Power, Itis to be remarked that the statute does not give this Court the right to issue the writ of and prohibition of Circuit Courts even in admiralty causes, but only to District Judges, the lowest in the list of Judicial officers of the United States, It was fore- seen that a District Judge, sitting some remote part of the country, might embroil us in war be- Jore the cause, in the ordinary ccurse of proceed- ings, could be reviewed by this Court. Therefore, this Court was empowered to arrest such proceed- ings-by a writ of prohibition, and the express pro- vision authorizing this writ in this single case mnet ve held to exclude it inall other cases. Mr. Phillips claims that the Court bolow has usurped authority in entertaining the suit there pending. ‘The contrary of this clearly appears, The filteent article of amendment declares that no State shall deprive a citizen of the United States of the right wo vote on the ground of race, color or previous condition of servitude, and provides that Congress ey) by appropriate legislation, enforce the pro- visions of this amendment. The right to vote means more than the right to put a@ ballot in a hat or box. It means that the vote, when propery cast, shall be counted and returned and made effi- cacious to secure the office to the person havin; the greatest number of ballots. It is not enou ‘4 that the voter is permitted to cast his vote while some State officer is permitted to disregard it in the canvass of votes. This provision, like every other in the constitution, was designed to secure practical results, and to secure to the voter not only the rignt to cast his ballot unmolested, but to have the ballot, when cast, effectual for the pur- pose of determining WHO SHALL HOLD THR OFFICE, and it is provided that Congress may, by appro- priate legislation, secure this practical result. In the execution of this constitutional power Congress has provided that no person shail be deprived of the office to which he would have been elected if such voters had been permitted to vote, and that the person who would thus have been elected may Maintain ap appropriate action in a Circuit Court to obtain the office, This statute is clearly within the constitutional power of Congress to enact. It is a fair question for judicial examination—what the appropriate action in such case may be, whether the party who would have been elected should wait until his opponent was installed in ofice, and then bring a quo warranto to oust him, or whether he may bring a suit in equity for an injunction to restrain the declaration of an election in violation of the votes cast and offered to be cast. Whichever of these remedies might be adopted in a@ particular case, it is manifested it might be objected that the other way was more appropriate, and only the courts can determine the question, Kellogg claims that, had the votes which were properly offered been received and counted, he would have been elected, and he it in equity in the Circuit Court to restrain Nvass, and this suit is progressing in the Court below, but has not reached yeta final de- cree. It is therefore impossible to maintain that the Court below has usurped any authority. A case is properly before it in Which it may properly determine the question in dispute between the parties, and this Court cannot interfere until after the final decree shall have been rendered. Whether an ap- peal may be taken from such case subsequent to the decree 1s immaterial to consider here, There is certainly great doubt as to such right of appeal, but concecing it to exist does not help this appll- cation at this me, because no appeal has in fact been taken from that case, and none can be at the present ume. ATTORNEY GENERAL OGDEN. . Ogden, Attorney General of Louisiana, the argument, He said that he would not undertake to argue the case fully. Mr. Phillips had so completely exhausted the argument as to the right of the Court to issue the writ that he consiuered it useless to su: Le ae | upon u that point, He reviewe: e bi in equity fied with his application and showed that the action of the lower Court was aimed directly at the State government. He then took up the question of usurpation, and, in reply to Mr, Cushing, said that he had been alarmed by expressions which had fallen from that distinguished gentleman, and that he thought the whole country from Maine to the Gulf would be alartaed by those expressions if they had about them the evidence of deliberation, It surely was startling to hear a gentleman of his national and international revutation deciare in the Supreme Court of this country that he could see no tion upon the face of the papers filed cause. If it be true that so di @ gentleman can see no urpa- this ed pation in this deliberate attack upon the rights of & State, ther indeed there was cause to fear that the ioundations of our American system had been eer) and the dearest rt hts of the people stolen from them. He sata that the only stricken from the flag as a free State Jate would be but the beginning the end, and from this date would commence a rapid dissolution of the State governments. Bad examples are followed with more readiness than ‘The T.J, Durant arpeared for Acting Gov- ernor Pinchba2s, but the Court declined to hear further argument on that side, the counsel having already been REVBRDY JOHNSON’S OPINION, hon. Rev dohnson, who was in Court, re- marked after the argument was concluded that if it were an original question he should think Mr. Phillips was right, but ag it had been so many times decided tne other way his view would hardly prevail, ‘The Court reserved its decision. THE NATIONAL COMMERCIAL CONVENTION. Organisation of the Convention and Subjects Proposed for Discussion—rhe Postal Tele- graph System Strongly Advocated. most fatal charact ana ur system. He predicted that if Sr. Lours, Mo,, Dec, 12, 1872. The National Commercial Convention was called to order at tem, o'clock A.M, The Committee on Credentials 1eported the names of delegates from Ohio, Missouri, Iowa, ‘Texas, Georgia, Indiana, Louisiana, Kentucky, Iiinois, Minnesota, Wiscon- sin, Pennsylvania, Colorado, Maryland, North Carolina. The Committee on Permanent Organization reported the foliowing:—For President, Benj- amin EK. Orare, of Georgia; Vice Presidents, 3. B. Brinkly, of Maryland; William Hiel- man, of Indiana; R M. Bishop, of Omo; Louis ‘Kruger, of Minnesota; William H. Weems, of Georgia; Ed. James, of Tennessee; M. K. Smith, of Louisiana; Thomas Allen, of Mis- souri; G. Van Winkle, of Texas; H. 8. Hyatt, of Indiana; John M. Davis, of Pennsylvania; W. A, Steele, of Illinois; E. H. Plummer, of Nortn Caro- lina; John Evans, of Colorado; ‘H. Verhoof, of Ken- tucky; Secrétaries, Clinton B. Fisk, of Mobile; James H. Laws, of Ohio; Recording Secretary, D, H. M’Cadam, of St. Louis. The Committee on Rules and Order of Business reported that the rules of the House of Repre- sentatives of the United States be adopted for the government of the Convention, with modifications; that all propositions presented be submitted in writing and reierred to appropriate committees without debate, speakers to be timited to ten minues. The following subjects were recommended for discussion :— First—Improvement of the Western rivers. Second—A ship canal around Niagara Fails and gort St. Philip’s Canal at the mouth of the Mississippi Ktiver, Third—Atlantic and Great Western Canal, ¢ and marine insurance and regulation of in proportion to the securivy. vernment regulation of railroad tariff id to ratiroads by State or ‘The necessity tor additional trans ental roads. Eighth—Protection of forests, and encouragement of the cuitivation of timber, Winth—National postal telegraph. After these subjecte are disposed of any other pronaeiviog may be brought belore the Convention, ‘he report was adopted, ‘Mr. GROSVENOR, of St, Louis, moved the appoint- ment of a committee of seven on each topic men- tioned in the above report. Carried. Mr. Laws, of Cincinnati, offered a resolution, which was adopted, that a committee of five be appointed to consider the propriety of consoli- dating all future commercial national conventions ; into the National Board of Trade. The Convention then took a recess to arrange | committees. Mr. JaMEs, of Tennessee, offered a resolution re- questing Congress to appropriate $650,000 for the improvement of the Tennessee River, as recom- mended by the Engineer Bureau of the War De- partment. A committee was appointed on miscellaneous business. Mr, RICHARDSON, of Missouri, offered a resolu- tion urging Congress to acquire, on equitable terms, all telegraph franchises in the country, and incorporate them in the present postal system, Mr. BRINKLEY, Of Missouri, offered a resolution for the appointinent of a cominittce to memoralize | Congress to pass a law regulating the weights and | measures of tin cans and wouden packages con- taining oysters, fruits, vegetables, &c. Referred to the Committee on Miscellaneous Business, Mr. Btstor, of aio, offered a resolution approv- ing the action of Congress in reducing tie duty on imports, Mr. MORRISON, of Pennsylvania, offered a resolu- tion declaring that a reduction of the import | daties beyond the present limitation would be | detrimental to the interests of trade, commerce the | and labor of the country. Mr. BonNeR, Of St. Louis, from the special com- mittce appointed to consider the question of a re- organization of the Indian Territory, reported a memorial to Congress to establish Territorial gov- ernment over the country Known as Indian Terri- tory, bringing the people thereof under the laws and jurisdiction of the United States on sucha basis as will secure a homestead to the head of each Indian family and to sell the remainii land on such terms as will induce rapid settlement and development of the Territory, the proceeds of such sales to be held or invested by the govern- ment as @ fund, the interest of which shall be dis- tributed annually and equitably among the several | tribes for the establishment of free schools, to the | end that the Indian may learn the arts and occupa- tions of civilized life, Mr. LirMaN, Of St. Louis, offered a resolution, which was adopted, under the supervision rules— to wit, that those States and jocalities which have not already adopted the system of public schools be earnestly requested to give this subject earl, and favorable consideration; that public schoo! education is the only correct method of tnor- ouguly educating the masses of the people; that public edncation is the only tne system by which the demands of society can thoroughly blended 80 a8 to give successf™l co-operation to mutual effort; and that the oe) school system is the only method by which the masses of the people can be educated at an expense not exceeding tne Peed heretofore expended in the education of the few, Mr. James, of Tennessee, offered a resolution de- claring it inexpedient for the government to take charge ot the telegraph lines. The Committee on Canals submitted a report stat- ing that no project of greater interest to one-third ol the country had been laid belore the Convention than that of a canal at Fort St, Puulip; that sur- veys had been made, and, should the plan be tea- sible, the interests of the South and West de- manded the canal, and asking Congress for an ap- be Pare sufficient to carry out the work. The committee also recommended the adoption of a resolution requesting Congress to adopt such legislation at the present session as shall secure the speedy construction of a ship canal around Niagara Falls on the American side, The Committee on the Atlantic and Great West- ern Canal reported a memorial to Congress setting forth the great importance to the whole country of the construction of a canal from Huntsville, on the Tennessee River, to a point on the Coosa River, in Georgia, about seventy-tive miles, which would afford the speedy, cheap transportation of the prod- uce of the Great West to the seaboard by a shorter aud more reliable route than any now ex- isting. ‘This report developed strong opposition on the part of several St. Louis and New Orleans gentlemen, because it asserted grain could not be shipped in Food order via the Mississippi River and the Gulf of Mexico, owing to the humidity of the climate, The report was recommitted for modification. The Committee on Forests reported a resolution Foupessny Congress to pass an act amendatory to that relat ng to soldiers’ and sailors’ homesteads, containing the provision that all persons entitled to homesteads under that act who shali cultivate five acres of timbér of one year’s growth shall be entitled to enter the same and receive a patent therefor. The resolution was adopted. A resolution recommending the doubling of the salaries of the President oi the United States, heads of departments and Judges of the Supreme Court was indefinitely postpone Mr. Davis, of Pennsylvania, presented a resolu- tion asking Congress to appropriate $2,009,000, to determine by actual experiment the vaiue of the different modes for improving navigation in our rivers jo fully meet t! equirements of commerc: It was reierred. Mr. Davis also offered a resol! tion opposing the merging of this Convention into the National Board of Trade. Mr. BisHor, of Ohio, presented resolutions to the effect that the Legislatures of States should pass penal laws, where such do not already exist. for the punisiment of those who issue or negotiate | spurious warehouse receipts; that there should be | laws which would protect holders of warehouse re- ceipts in the safety and integrity of the property covered by such receipts, and that warehouse | receipts be nade negotiable like other commercial paper, On motion of Mr. Baty, of Missouri, the rules were suspended and the resolutions were adopted, | The Committee on Gevernment Regulation of Railroad Freights reported a resoluwon, urging Congress to reserve, ters or aid, the right to regulate freight and pas- senger tariffs, A resolution was offered, favoring the establish. ment of a national tribunal of commerce by the | LM aca and to be sustained by the govern- ment. Mr. BAIN, offered an amendment, asking Congress to establish a department of commerce. ‘The whole subject was referred to @ special com- mittee of five. in all juture grants of char- | y The Convention then adjourned till ten o’clock to-morrow morning. WEATHER REPORT. a War DEPARTMENT, Orvice ov THE CHIEF SIGNAL OFFICER, Wasnineton, D, C., Dec. 13—1 A. M. Synopsis for the Past Twenty-four Hours. ‘The barometer has fallen over the Northwest and the Upper Lakes, with southwesterly winds, cloudy and warmer weather, extending to the Lower Ohio Valley; on the Lower Lakes and in Canada south- erly and westerly winds, cloudy weather, dimnish- ing pressure and higher temperatures; in the Middle and Eastern States northerly to westerly winds, cloudy weather in the latter and generally clear weatner in the former, with higher temper- ature in both sections; from Ohio Valley to the Western Gulf hght southerly winds and fair weather, with higher temperatures and high barometeis; im the South Atlantic States north- westerly winds and clear, cold weather prevail, Provabuities, For the Northwest and on the Upper Lakes wes- terly anc southerly winds, cloudy weather, low pressures, high temperatures and occasional light snow will prevail and extend southward to the Ohio Valley; in the Guif States and thence extend- ing over the South Atlantic southerly to westerly winds and partly cloudy weather, with diminishing pressure and higher tempera- tures; on the Lower Lakes ad thence extending during the day to the Middle ‘States southwesterly winds, warmer and partly cloudy weather, with falling barometers; in New England and the St. Lawrence Valley light north- westerly and southwesterly winds, falling barome- ters, fair weather and increasing temperatures, After the 15th inst. the display of warning sig- nalsat the Lake ports will be suspended for the winter. Warning signals are ordered for Duluth, Mil- waukee, Chicago and Grand Haven, The Weather in This City Yesterday, The following record will show the changes in the temperature for the past twenty-four hours in comparison with the corresponding day of last Re 4s indicated by the thermometer at Hudnut’s armacy, HERALD Building :— 1871, 1872, 34 23 23 21 12P.M. Average temperature yesterday. s- 19 average temperature for corresponding date last year fl THE INUNDATIONS ON THE BALTIC COAST, Perce Am Appeal for Aid for the Sufferers— Letter from the German Consul in New York. A short time ago news reached this country of a terrible storm in the Baltic, which had had the effect of almost totally submerging a large portion of the German provinces on the seaboard, It will be seen from the jollowing appeal from the German Consul in this city that a subscription in aid of the sufferers by the inundation has been started in America, and it is to be hoped that the Teutome members of our community will not be tardy in donating sums for the benefit of their country- men :— New York, Dec. 12, 1872, To THE EpIToR OF THE HERALD:— Sir—Permit me to reqnest that you will be kind enough to publish the annexed appeal to the chari- table in the columns of your esteemed journal and allow me to tender in advance my sincere thanks for the favor. Very respectiully, JOHANNES ROSING, German Consul General, AID FOR THE GERMAN BALTIC PROVINCES. A calamity without precedent, and more disas- trous than war, has befallen the Baltic provinces, To a larger extent than even the Danish Isles, the Jerinan Littoral of the Baltic, from Schleswig to Eastern aed @ tract of nearly four hundred miles, has been devastated by the floods of the 12th and 13th of November, For miles inland the sea, sweeping over the outlying islan ts, has submerged towns, destroyed whole vil- lages and covered the fields, so as to render them ung for cultivation. ‘The cattle have been killed, ships and boats stranded and crushed, and fishermen have been deprived of means to gain a livelihood, In addition to this hundreds of persons have lost their lives by the terrible inun- dation, Germany is not remiss in her duty to- wards the unfortunate, and government aid {s co- operating with private charity. But the provinces next concerned are mostly poor, and succor cannot come too abundantly or too quickly to a population utterly destitute in a rough climate. I ture, therefore, to appeal to my countrymen especially and to all charitably disposed persons in this coun- try, which has been benefitted so much by acces- sions from the stardy inhabitants of the devastated regions, and to solicit contributions, which will promptly be forwarded to the proper places and pubiicly accounted for. JOHANNES ROSING, German Consul General, No. 2 Bowling Green, THE STEAMER SACRAMENTO, SAN FRANCISCO, Cal., Dec. 12, 1872. The steamer Montana arrived at San Diego this evening with all the passengers and treasure of the steamship Sacramento. The day alter the ship struck the reef the passen- gers landed at San Geronimo Island, which is 190 miles in a southerly di- rection from San Diego and ten miles from the main Jand, The reef was nine miles from this isiand. Beading and provisions were landed for tue oe of the passengers without a single acci- jen The steamer will be a total loss, though if fine weather continues, some of the cargo and fix- tures may be saved. The captain and twenty-five of the officers and crew remuined in charge of the wreck. The passengers and trea- sure Will be traneshipped to this port. The Mon- tana Will sailfor Panama at daylight on Friday. ‘The total amount of treasure on the Sacramento ‘Was $335,648. A later despatch from San Diego, dated 6:35 P. M., says the Sacramento is fast breaking up, and there is no hope that the vessel can be saved. Two handred and twenty tons of cargo from New York and 120 tons from Mexico are on board. PIGEON SHOOTING. Rennes The Jersey Shooting N. J ‘The members of the Jersey Shooting Club have no fear of cold weather when a day’s pigeon shoot- ing is announced, consequently yesterday there was @ large attendance at Bergen to witness the match between Messrs, Wild and Felkner for the Diamond Badge and the shooting for the Challenge Cup Handicap, the latter being a new feature, and shot forthe first time yesterday. The following were the conditions and result of the two matches :— Match for the Diamond Badge, between Mr. G. Wild, the holder of the badge, and Mr. Joseph Felkner, the challenger. To shoot at 26 birds, 21 yards rise, witn 14, ounce of shot, 80 yards boun- dary, irom H and T traps. G Wild—0, 0, 0, 0, 0, 1, 1, 1, 0, 0, 1, 1, 0, 1, 0, 0, 1, 1, 1, 1,1, 1, 0, 0, 0—Killed, "12; inissed, 13, J. Felkner—1, 0, 0,1, 0, 0, 0, 0,0, 1, 1, 1, 1, 1, 0, 0, 1, 4, 0, 6, 1, 0, 1, 1, 1—Killed, 12; missea, 13. ‘THES. G, Wild—1, 0, 1, 0, 0, 0, 0, 1—Killed, 3; missed, 5. J. Felkner—0, 0, 1, 1, 0, 0, 0, 0—Killed, 2; missed, 6. Referee—Mr. Buckman. Challenge Handicap Cup—To shoot at five single birds, from five traps, cup rules (allowing the use of only one barrel), 1}, ounce of shot, 80 yards be oy W. H. Dunlap, 23 yards—o, 1, 1, 1, 1—4. W. Hughes, 24 yards—1, 1, 0, 1, O—3, Mr. Sharp, 24 yards—0, 1, 1, 0, 1—3, Mr. Cracknell, 24 ‘ds—1, 0, 0, 1, 1—3, Mr, Edicut, 22 yards—0, 1, 1, 0, 0—2. Mr. Samuels, 22 yards—1, 0, 0, 0, 1—2, Mr. PERD ‘21 yards—0, 1, 0, 0, 1—: Mr. Buckman, 24 yards—0, 0, 0, 1, 0—1. Mr. A. A. Hughes, 21 yards—o, 0, 1, 0, 0—1, Mr. Hulsheizer, 22 yards—0, 0, 0, 0, 0—0. Rejeree—Mr. Felkner, THE WAR ON THE NEWLY APPOINTED CITY OFFICIALS, At the monthly meeting of the Union League Club, heid on Thursday evening, December 12, the following resolutions were presented by the Committee on Political Reform, Dexter A. Haw- kins, Chairman, and were, on motion, adopted ‘The Committee on Political Reform, in view of the at- tempt of the Tammany Mayor of the city of New York to deprive the people of this city of the fruits of the two reforin Victories at the election this year and last ing the resignation ot Tamurany office nder the eity government and ‘appoint- ing in their places stich members of the repub- lican party ax are satisactory, not to the retorin- ers, but to the Tammany ting them, too, that extend be , for the evident purp to work oniy with any Ring may select tor h ry i and reduction in. the expenditures of the city government, report to this club the following resolutions and recotnmend their passaze -— solved, That the club has seen, with pt ot the present Mayor to foresiall the Mayor elect, by mak the ciose ot his ments to important of Resolved, Phat itis the opinion of the club that any per- son so appointed should tender his resignation to the in- coming Mayor Immediately on his inauguration. H&NKY G. STEBBINS, Chairman. Genuce B. B, Hind, Secretary, Club at Bergen, elling the ret ‘as the conden nd make imp e Fin, appoint- f the incoining | | property valued at $6u0, | Christian Haara, and was damaged to the extent 3 A MURDEROUS FATHER. A Horrible Tragedy at Columbiana—A Mother Leaves Her Children for a Few Minutes, When Their Father Butchers Them with a Hatchet. PirrssvrG, Pa., Dec, 12, 1872, Aspecial despatch received here this evening from Columbiana, a village close to the State line, tells of a horrible crime that was committed near there this morning at about seven o’clock. It ap- pears that Erbert Porter, a man of about thirty- five years of age, lived with his father-in-law, Henry Flickinger, on account, perhaps, of the former, owing to dissolute habits, being unable to provide for his wife and their offspring. Porter ia @ carpenter by trade, but brutal in disposition, and ready and willing at all times to engage in @ quarrel with any one under the slightest pretence, He was actually a terror to the neighborhood for years, and his word, whether right or wrong, wad law in dealings with those persons who were obliged to come in contact with him, He was abusive to his good wife, who, despite of brutal treatment recetved, allowed him to remain with her at her father’s house. This morning, after breakfast, MRS, PORTER WENT UP STAIRS to make the beds and sweep out the rooms, lea ing her two sweet little children sitting by the fre and her husband near by them cracking hickory nuts with a batehet. The wife had requested him to keep an eye on the children and not allow them te approach near to the fire, which he promised to do, and when she left him he was amusing the babies with broken nuts held in his hand, The woman went up In the rooms fearing no danger for ten or fifteen minutes, when the eldest of the children, a little girl three years old, GAVE A PIERCING SCREAM that terrified ber mother in the adjoining apart- ment, Hurrying to the room in which she left her innocent darling in childish glee but a few mo- ments before, her feet were arrested on the steps by hearing distinct strokes of the murderons hatchet, and she suspected at once that the demon of @ husband had murdered them. Throwing een the door at the foot of the staircase a horrible spectacle was presented to her eyes. There lay the two children—one but a lisping babe, dead, their clothes and features dyed with blood) rushing out of gashes wide and deep in their little bodies, Life was utterly extinct, and warm blood was still pouring from the wounds and making dimmative pools on the carpetiess floor.: One look at the children was enough for the unfor+ tunate mother, and she, glancing at the half open’ door, saw Porter go out with the bloody instru-’ ment clutch in his hands, and saw him put it under his coat and walk up the road to- wards Leeto She was so faint and terrified with what she had seen that she was unable to give an alarm, and Porter walked briskly up the road; but finally, ou the neighborhvoc being alarmed, he was CAPTURED AT LEETONTA, distant from the scene of the murder about 2 miles. When in custody he was questioned as t what had caused nim to murder the dear children, bat he coud assign no reason for _ th atroctous crime and intimated that people were making a deal of [uss over a matter that did ial concern them in the Jeast. He was taken to jai at New Lisbon, and an inquest on the two littl boaies is to be held to-morrow. Porter is a large,| powerful man, about five feet ten inches in height, of dark comp jon, dark eyes and thick, heay, hair and beard, This fearful murder creates th greatest excitement in the neighborhood, and i was some time betc thei aa ple could realize thet enormity of the deed. Loud threats are made against the man; but officers, to his intense digust, hurried him off to jail avd out of reach of the end raged people. It is said Porter killed the children purely in revenge for something his wife had done. CHINESE LABOR. A Catlery Company in Danger of Losing 1ts White Workmen. PrrrsBuRG, Pa., Dec. 12, 1872. The importation by the Beaver Falls Cutlery; Company of a number of Chinese, who have been) introdueed into the general workshops at Beaver Falls, has caused considerable dissatisfaction! ainong the white workmen. The Chinese employed number nearly one hundred and sixty, the latest addition having arrived a few days ago. Itisal« leged that, on their arrival, an attempt was made to introduce a number of those who ha first been employed into the more advanced es of the business, To this the regula workmen objected, and it is alleged that they were} requested to instract the Chinese in the fine branches of the business, only to be discharged aa soon as the Chinese could do the work, Asa result many white workmen from the various depart- ments gave up their situations and came to this city yesterday in search of other employment. [tl is Stated that the Chinamen do the work for $25 per month, gold, which heretofore paid the white workmen $80 per month, SOUTH CAROLINA SENATORSHIP. CotumBta, Dec, 12, 1872, J. J. Patterson, the Senator elect, who wad arrested by Justice Kirk on the affidavit of Assem« blyman Miller, was immediately discharged on qail, since which Justice Kirk has been removed by the unanimous vote of the Legislature, and Assemblyman Lilley has disappeared in conse- quence of a warrant being out against him for per- jury. ee FU, Oa THE BOSTON BILLIARD TOURNAMENT, Bosron, Dec. 12, 1872, The fourth day of the billiard tournament came off this afternoon at Bumsted Hall. The first game was between Bullock and Dennison and was won by Dennison by 152 points. Dennison’s averaga Was 25 points each run and Bullock's 20%; points, ‘The second game was between Peck and Wil+ marth, In the fifteenth inning Wilmarth won rel game by a run of 147 points. ‘The average number, of points in each inning was:—Wilmarth, 40, and Peck, 36%. ' In the evening there was e large attendance, The first game was between Dennison and Wil-! marth. In the twenty-second inning Dennison’ made a run of 133 points and won the game b; 123 points. The averages were:—Dennison, 2774, and Wilmarth, 22% points. Tie games were then pnb and stood between Peck, Wilmarth andi ennison. The first game was played by Peck and Wilmarth, and was won by the latter by 312 points, Wil- Marth’s average in each inning was 5434 and! Peck’s 26% points, Other tie games will be played to-morrow. “THE MODOC WAR, SAN FRANCISCO, Dec. 12, 1872. Major Green has command of the troops at Lo: River, Oregon, and he expects to find the Meio chief, Captain Jack, soon. The only terms offere to the savages is unconditional surrender, LEOTUBES LAST NIGHT, Wendell Phillips on the “Lost Arts.” Mr. Wendell Phillips delivered last evening a! Steinway Hall his lecture on the ‘Lost Arts,” before a very large and appreciative audience. Th subject is one upon which he has discoursed before but it was illustrated by a number of new an curious examples o1 his one great theory—tha ninety-nine out of every hundred so-called new inventions were known to the an cients, and, in nearly every case, better known. or, at any rate, used with muca more perfect and intelligent mechanical skill, Lecture Last Evening by Professor Mula venan, of Manhattan College. The hall cf the Cooper Institute, despite th severity of the weather, was quite weli filled las evening by @ respectable audience, among the many students, to listen to a lecture by Professo! Mulvenan, of Manhattan College, upon “Catholic Progress in the United States since the Declar. ation of Independence.” , ; Dr. Holland’s Lecture. Dr. J. S, Holland lectured last evening in the Eighteenth street Methodist Episcopal church.. ‘The lecture was entitled “The Social Undertow.’ Professor Henry Eyre Brown rfurmed severa 1 selections on the organ by way of an introduction! : FIRE IN OHRYSTIE STREET. 4 A fire broke out last night in the three storyf brick building 80 Chrystte street that caused a damage of about $5,000. Christian Burke, who occupied the third floor as a carpenter's shop, lost The bullatng belonged toy of $4,000; insured tor $5,000, The flames caught the tive story tenement house 69 Forsyth street, and caused a damage to that vuilding of $500, Fire) Marshal McSpedon will hoid an investigation into the cause of the Gre to-day. The Five Points Colored Mission has been moved from 42 Baxter street to 128 Leonard street, and is now earnestly soliciting funds to carry 0! its work. Donations can be sent to the treasurer, Peter 8 Porter, 252 West Twenty-sixth street. Rev, Henry Highland Garnet, D. D., 1s President o bk institution, and Rev. John Peterson Vice enw