The New York Herald Newspaper, March 15, 1873, Page 3

NEW’ YORK HERALD, SATURDAY, MARCH 15, 1873—TRIPLE SHEET. CARL SCHURZ Eloquent Arraignment of Caldwell by the Missouri Senator. THE POWER OF THE SENATE. Necessity for Stemming the Tide of Fraud and Corruption. A SAD PICTURE PRESENTED. “Tt Takes More to Make and Preserve a Re- public than the Mere Absence of a King.” WASHINGTON, March 14, 1873, In the debate im the Senate to-day on the Vald- well case Mr. Schurz spoke substantially as fol- Jows:— This was a painful subject, which he approached with reluctance. In considering it neither per- sonal nor political bias had any influence; but the use was to be treated purely on its merits, The question before the Senate was a question of law, @ question Of fact and a question of public policy as to the rigorous or lenient application of the law to facis in the case. In discussing the question ef Jaw, he said, let us suppose a certain state of fact fully established. A person takes his seat here, elected by a State Legisiature, presenting regular tredentials showing that all the ferms of election prescrived by law have been fully com- plicd with. itis subsequently shown that his elec- tion was eifected by gross bribery; a ciear case of purchase oi a seat. The question arises, Has the nate any power to protect itself? In the argu- Ment presented by Mr, Caldwell it is laid down as @ principle that the Senate cannot unseat that person, because it cannot go behind the regular Certificate of election. The Senate cannot expel such @ person because the act of bribery was com- Mitted beiore he was a Senator, and the jurisdic- tuon of the Senate does not date back. £rgo, the Senate is absolutely without power in the premises, The Senate must sit still and quietly suffer one alter another of these seats to be filled by men who have acquired them by BRIBERY, PURCHASE AND FRAUD. However outrageous the proceedings, we must greet such political merchants as brother Senators without question, We must suffer them to exert their influence upon the laws of the country, no matter what becomes of the honor of the highest Jevislative body of the Republic; no matter what becomes of the confidence of the people im their Jawmuakers and of the respect for the laws; no mat- ter what becomes of the very life of representative government and republican justitutions, ‘This 13 the aigument submitted by Mr. Caluwell. The mere statement of its consequences 1s suflicient to Brave that in the very nature of things it cannot ve 80, that it cannot have been the intention of the iramers of the constitution to leave the Senate in 80 helpless a concition. The mere supposition appears absurd on itsface. In inquiring dato the power of the Senate I will not discuss old English precedents, but confine myself tothe constitution 1 the United States, That constitution gives each house avsoimte power to expel by a two-thirds ‘vote for bribery. That constitution provides that each House shall be the judge of the election re- turns and qualifications of its own members, One thing has been overlooked in this debate with re- Cinq to the meaning 01 this clause. It appltes to oth houses exactly alike; its meaning tor both houses is exactly the same. If it were not so in- tended the ditierence would have been stated. What does it mean, then? Each House is made judge of three different things—*quali- fications,” stated in the constitution; “returns,” proceedings by which tee elec- tion nas been duly certified, but also ‘“elec- tions,” kept distinct from qualifications and re- turns. Qualifications may be complied with, re- turns may be in perfect order on their face, but Btill “the election” is subject to judgment. Must it uot mean that the judgment of each House shall go not only to the forms, but algo to the essence of the election? Has not each House to judge whether that which pretends to be an election is an election in truth aud reality? If the word “election” in THE CONSTITUTIONAL PROVISION docs not mean that it means nothing. Does an: body question that in the House of Kepresentatives At has always been held so under the constitutional provision applying to both houses alike? The louse of Representatives has always exercised power under this clause to judge whether & member had been really elected by a majority of legal votes. Has it ever been questioned that the House of Representatives had the power under this clause to declare an elec- tion illegal and void, if that election was found controlled by bribery and fraud? It is maxim that fraud vitiates ae a contract. Who will deny that iraud vitiates, also, the relations between constituency and Represent- ative—an election? Now, if each House is constitu- uonally the judge, not only of qualifications and re- turns, but of the essence of elections, must it not have the power to judge whether an election is vitiated by fraud? The House ei Repre- sentatives has always acted upon that principle by virtue of the very power conferred by the constitu- tion upon itand the Senate exactly alike. Why not tne Senate? It is objected that the position of & Senator is different; that a Senator represents a State; that the election of a Senator by a State Legislature, according to law, is the conclusive act of a State, sovereign in its sphere, and if duly cer- tified cannot be subsequently questioned, THE POWER OF THE SENATE, The Senate, by annulling an election carried by fraud or bribery, only does, by virtue of its consti- tutional and exclusive power, what the State may be justly presumed to be desirous of doing, but has no power to do; and finally, in the new election following, the State exercises its sovereign func- tion by filling the place so vacated with whomso- ever it pleases, thus acting as the final arbiter. ‘The exercise of this power by the Senate, there- fore, does not impair, but it does virtually protect bl rights of the State. Ihave thus endeavored to show— First—That the power to act as the judge of the election of its members means the same thing for both houses of Congress, Secont—That it cemes for both houses alike the gil to vacute a seat milled by an election carried y fraud or bribery. Third—That by the exercise of that power by the Senate no constitutional right of the States is impaired. am as firm an advocate and defender of consti- tutions and State rights as anybody, but I main- tain that the constitution does mot give aState sov- ereign coutroi of its Senators, ‘irue, the constitu. tion provides that Senators shall be elected by the Legislatures of the States, In so far Senators may be regarded as representatives of their respective States. But the constitution does not regard the election of a Sepator as in every respect a matter of discretion with a State, It does not permit a State to appoint a Senator as at pleases. It gives Uongress the power to regulate by law the Manner of electing Senators as well as Representatives, Con- gress has made such laws, prescribing the time In | the session of the Legislature, &c, Why does the | constitution put the clection of Senators thus under the control of Congress, just as that of Rep- resentatives? Because the coustitution dees not | regard a Senator as a mere dipiomatic agent of a State, oj one sovereignty near another sovereignty, appointed to take care of the respective Staie | only, and remaining under the coutroi of that State. Tne constitution regards THE SENATE AS A BRANCH OF THE LEGISLATIVE | DEPARTMENT | of the general government, and a Senator as being | appointed to take part in legislation concerning | the interests of all the Staces and aii the people, and when once elected as a member of that iegisia- tive department be is, during ms constitutional term, entirely out of the contro! of his State. | The constitution, imdeed, provides that the number of Senators for each Staie shail be two, to preserve as much as sible to the States an equality of inftuence in the legisiation of the common Union, It provides that Senators shall be elected by the State Legisiature, to secure, | if possible, a superior class of men for the highest | branch of the legislative department of the general government, But, in point of fact, it is certain that the election of a Senator puts him in exactly the same relation to his constitu- ency in which the election of a Representative uts him to his, Neither the Senator nor the epresentative can be recalled. The Repre- sentatives anu the Senators a qually out of the reach and control of their respective constituen- cies. With regard to the Seustor, therefore, the soverelruty of the State becomes utterly inopera- tive as soon as the fact of his election is once ac- complished, It canuot be reconsidered by the State. And now, wien it is discovered that the lection of a Senator has been accomplished by fraud, can the sovereign State undo its act’ Not at all; not even if the discovery be made be- fore the Senator elect has taken his oath. It can not set aside the election nor recall the Senator. It Can only memoralize the Senate, setting ferth the facts; but only the Senate can act, upon {ts own knowledge, for the Senator has paxsed under its exclusive control, Thus, when the people of a State have neen defrauded by the purchase of a | Senatorial election they are, with all their sover- eigaty, bound hand and toot; and not the State, but @uly the Senate can furnish the needed re- Nef, Now, ft the Senate, by virtue of its Constitutional power, does deciare a fraudulent | flection invalid, does that constitute an encroach- ment upon the rights of tue State y In what should Boch encroachment consist? Not in this, that the | Senate in deciaring such an election invalid, 4%- | sumes a power which belonye to the Stale; for no such power belongs to the State, and yon’ cannot eucroach upon a power which docs not exist. Nor dees that encroachment consist in this, chat the phy A gett deprived Of its elected representa- hy First—That representative was piscted, p) ‘#8 not rightfully Set TF mins be nresnmed in commen sense | words and decency that the State will desire to be re- lieved of ri? representative who deirauded it, and that Lee mom annul the election had it the wer to do 80, Pomard—The ‘whole matter is remitted to the State by a new election, and the Legislature may retain tie same man if it sees fit. The whole pretence of encroachment upon the rightiul powers of a severeign State, therefore, dissolves into nothing. The State retains unimpaired the full scope and exercise of its constitutional rights, A PRECEDENT TO BE ESTABLISHED. It is said that there is no precedent for the reso- ution. Admitted. But the disclosure in this case has no precedent, tor the honor of the American people, let me assume. It a precedent for one had occurred, precedent for the other would have been made. The question now is whether it is not high time to establish one. If so, we must not shrink trom our duty, It 18 said that the acceptance of the doctrine upon which the resoluticn 18 based would arm the majority with dangerous power; that there would be @ possibility of its ubuse, That may be 80; but what will be the con- sequence if, uader the circumstances now sur- rounding us, that doctrine be not adopted and acted upon? Look around you. Rumors of cer- ruption in Senatorial elections are heard from dif- ferent parts of the country; some groundless, Do doubt, others serious in appearance. in twe cases Senators have been arrested after their election. He was far from desiring to prejudge any of those Cot but in the testimony beiere us, he said, we discern a tendency of a most alarming nature, which I fear is by no means confined to ene State. He had followed the advice of the Senater trom Wisconsiu (Mr. Carpenter) and read the testimony. He continued, He is what I find. Mr. Caidwell was a man unknown in the political world; he had performed no public service; he haa no fame; there was no evidence ef uncommon abiity drawing upon him the eyes of the people; but there was an abundance of money. He appears as a candidate for high office; around him was a band of political Managers, whose whole political wisdom consists in the low tricks of the trade and the appliances of corruption, Behind that group looms up one of these great moneyed corporations, whose power is so jeartully spreading, aud which exercise so dangerous an influence in our public concerns. He has already bought of with $15,000, cash down, a competing candidate, who is to transfer to him his following in the Legislature like s0 many head of cattle. So armed aud surrounded he steps upon the scene; the cry goes forth that there is meney, much money, in the election, The presence of the temp- tation stimulates at once every vicious appetite. One man whe has a vote sees that another is paid for his. The frequency of the practice blunts the individual conscience. THE LEGISLATURE 18 TRANSFORMED INTO A MARKET, where vetes are bought and sold, and thus Mr. Caldwell is elected Senator. That is what I read im this testimony. Nota mere isolated case of in- discretion on the part of an ever-zealous iriend and supporter, but an organized system of bribery, @ Bacchanalian riot of corruption. It is clear to my mind that Mr. Caldwell would never have been elected but for the money used. The money elected him. Itis@ clear case of a purchase, by cash down, of a seat in the Senate. If a jurymap, this would be my verdict. The debate has only strength- ened my conviction, Ido not ask to be believed upon my mere assertion. Read jor yourselves. It is to be feared that this case does not stand alone, It will certainly net stand alone if this passes with impunity. What siall be done under such circumstances ? What ts the duty of those who have formed their judgment on the facts as I have, and I know there are many here? Shall we Say that although the testimony convinces us that here a seat in the Senate has been purchased with money, yet that seat shall be heid by the pur- chaser as ii 1t had been acquired by a free and hon- est election? Shall we declare that when a man buysa seatin the Senate and pays for it it is his property, and that, according to article 5 of the amendment to the constitution no private prop- erty shall be taken for public use without just compensation? Shall we even encourage ‘such scandalous practices by letting it be known that we shalldo nothing to prevent their success- ful consummation ? Shall we increase the tempta- tions already existing by assuring to the pur- chasers of the seat in the Senate full security of enjoyment? Have you considered the con- sequences of such indulgence? To-day we may still be strong enough to vindicate the purity of elections and the moral basis of representative government i simple exercise of our judgment and power. But you stimulate the vicious ten- dency we see here, and how leng will it be before so Many ef these seats are filed with mere pur- pony as to make a struggle against them hope- jess ‘THIS 18 NOT A MERE DARK FANCY. The country is ringing with the cry of corruption. Never betore have the agencies been so powerlal which seck to serve private interests by a cor- rupting use of money. Never betore the field of political life been so well prepared for this work. The civil war, with its fluctuations of values and its tempting opportunities for the rapid acquisition of wealth, has left behind a spirit of speculation and @ greed stimulated toinordiate activity. There Is & morbid desire to get rich, and to indulge in ex- travagant enjeyments, and that desire is served by a FrOWine. unscrupulousness in the use of means. But more than that—more than ever bejore has the foreman extended” its functions beyond its egitimate circle; and more than ever before has the public Treasury been pressed into the service of private interests. ‘A PICTURE OF CORRUPTION. Do we not see and understand what is going on around us? What is it that attracts to the capital of the nation that herd ef monepolists and specu- lators and their agents, who 80 assiduously lay siege to the judgment and also to the consciences of those who are to give to the country its laws? What is it that fills the lobbies of these halls with the atmosphere of temptation? What is it that Lid forth such melancholy, such deplorable exhibitions as the American peo- ple have veen beholding this Winter, and which we ‘weuld have been but too glad to hidejfrom the eyes of the world abroad? Itis that policy which uses the power ef this great government for the benefit of favored interests; tnat policy which takes money out of the pockets of the people to put it into the pockets of a few; that Policy which in every country where it prevatied has poisoned the very fountain of legislation. Do you think that the consequences can be different here? Are not your great railroad kings and monopolists boasting that they can buy whele State Legislatures to do their bidding? Have we not seen some of them stalking around in this very Capitol like the sovereign lords of creation? Are not some of them vaunting them- selves already that they have made and can make profitable investments in Congressmen and United States Senators? Mave we not ov- served the charming catholicity of their operations and the breadth of their cosmopolitanism, as shown before the Crédit Mobilier Committee of the House, when Dr. Durant said that he did not care whether the man he supported for election was a republican or a demoerat, provided he was a good man? And now if you let thein knOw that a man who has pur- chased his seat here, or for whom it has been pur- chased, with money, will be secure in the enjov- ment of the property so bought, | ask you, will not their enterprise be limited enly by their de- sires? And will not their rapacious desires, from which the country has already suffered "so much pecuniarily and morally, grew with their opportrnities ? As long as such evils are per- mitt veise their influence they will spread wit! region, and nothing but the mot can check them. Such is un. s and feels it. Everybeu, vou must not be surprised Ww. THE Vi comes up te ns with a lanimity of Congress m= . The Senator from Wisconsin (. rather contemptuously Of tu. hear it, and calls it the clam Let us’ see what kind of a m Senator then read extracts from the . Times and also from Harper's Weekly conu the action of Congress in the Crédit Mobilier . and continued:—These words are not those « te ‘Highly Important Rumors papers in the habit of finding fault with the ruling , party. The kind of party service they have ren- dered must rather convince us that sach were extorted from them by a state of = things not to be denied or belittied. They show certainly not too dark a coloring o: the popular seutiment which prevails. ido not quote their language as having any bear- ing upon this case, but in order to show you a fact which is of the highest public inmportance, That Tact it is useless to disguise, and we had better understand and appreciate it. The confidence of the people in the integrity of their public men is feartuliy saken. Whatever you may think of tae causes Which have brought forth this result, the act itself 1s @ pubic calamity. for,’ as hus olten been said) im these — days, what will become of the respect of the people for the laws when they lose their confidence in the law makers? I say this not to cast @ slur upon any one, but to admonish the Senate not to Weaken that confidence which it still may enjoy. But a weak detection of duty in a case lik weaken that con e ff, with such evti- dence before its eyes, it reiuses to employ the power it wicids for the protection of ite integrity; for the people will be justified in thinking that il we, with owr eyes full open, per- mit the seats of lawmakers to be bought, we shall not be able, if we were willing, to pre- vent legislation irom being sold. i would listen to the clamor of the mob as little as the Sena- tor from Wisconsin, Neither would J, in order to gain the confidence oi the muititude, de- scend fo an act not in accordance with my true convictions of right and duty, I would face them without dinching to prevent a wrong; but! would not treat with mir but respect the voice of the people when it calls upen me to do what, uc+ cording to my best convictions, I conceive to be my duty. THK INTERESTS AT STAKE, Jam very far from asking anybody who, upon a conscientious examination of ‘t testiniony. has arrived at aconclusion as to the tacts diferent from mine, to vote as I shall vote; but to those who have jormed the same conclusion let me say that here something more is at stake than the fate of one man, in ‘determining which we might be moved by personal sympathy and compas- ston; something more, alse, than the danger which might «pring from the possibility of the abuse of that power, to be exercised by the Senate in pro- tecting itsell against the intrusion of a corrupt aud corroding element, and that sometting is the purity, nay, the very existence, of the representative character of our institutions. You speak of parti- Suu secklyssiess Which mult unscruvuiousty eud- )be much changed, and that the administra- ison the eve of bold operations, Yet their and consent are not solicited. They stay tering ever Caldwell's case, and every vo or three of them present themselves iouse ; but the President simply asks ‘ y propose to adjourn, and in the alt 'e8 out @ couple of dozen unin. portanc . spiced with one two of | more not n't suit the Senators of the re- | publican Ja vat can they do about it? Bingham (....) and the Japanese Mis- sion. ploy this power to accomplish its ends. I know that danger, and surely I do not underestimate it, but [ entreat you to consider that by assuring impunity and’ secure enjoyment of the fruits of their iniquity to those who acquire seats upen this floor by purchase instead of honest ele n, you will encourage the propagation of these scandalous practices; you will invite to the Senate an element which, in most cases in its very nature corrapt, will be the most willing and dangerous tools in the hands of reckless par- tisansbip. For you must know that those who [cel themselves most vulnerable, and have to shun the searching ht of inquiry, will never have the courage or that independence whtch defier attack, but will always be the first to earn by abject ser- vice refuge and security under the wing of protecting majorities, Secure the ex- elusion from our legisiative bodies o1 that clasa of men who, aiter use of ignoble means must setve sordid ends, and you will have secured a beticr safeguard against the abuse ef power than by cir- cumacribing the authority of the Senate in limits narrower than the constitution hes designed them, Itis time that we should face THE DANGERS WHICH THREATEN THIS REPUBLIC. jt has no monarchival traditions, no pretenders of historic right to disturb its repose und to plot its overthrow. Itis not likely to succumb to the shock of force. But there have been republics whose original constiiution was as healthy as ours, but which died after all of the slower disease of corruption and demeralization, and that day of constitutional life and anarchy of ower which always go hand in hand with them. it is time for us to keep in mind that it requires more to make and preserve a republic than the Mere absence of a king, aud that when a re- public decays its soul is apt to die first, while its outward form may still be lasting. Ihope and trust that we are still far from that point, but no candid observer will deny that there are symptoms of a movement in that direction, But there are symptoms aiso which inspire the hope that the downward movement may soon be checked, and that perhaps the checking has already commenced, What is our office under cir- cumstances like these? This is the Senate of the United States. When the American people strug- gie against the power o! corruption, their Senate should march in the front rank to lead the advancing column. Their Senate snouid at least hold high its standard of purity and honor, which is to restore the waning confidence of the citizen in the integrity of the lawmakers. What- ever personal disagreements, whatever quarrels of party may divide us, this is higher than personal consideration and higher than party, and in this at least the Senators of the United States should be unanimous. REASONS FOR EXPELLING MR. CALDWELL. I shall vote for the resolution to declare the elec- tion of Mr. Caldwell illegal and void. Ishall do 80, clearly convinced as I am from the care- ful reading of the timony in this case, that Mr. Caldwell’s election was eifected by the cor- rupt use ol money. I shailde so, firmly believ- ing that the Senate, under the constitution, does possess the power to declare void an elec- tion so effected. And if this resolution should fail, which I hope and trust it will not, I shall then vote for the resolution to expel Mr. Caldwell, firmly believing as I do that the corruption shown in this case touches his character no less than the election, and clearly unfits him fora seatin the Senate of the United States. It was with profound regret when I heard some Senators say that there was here an ungenerous and even vindictive desire to persecute Mr. Caldwell and to sacrifice him as a victim to popular clamor. I cannot refrain trom repelling this as a mest reckless imputation. The Senators whom I know to entertain opinions similer to mine are certainly not among the least honorable and trustworthy members of this body, As to myself, I know my own motives and need not vindicate them. Mr. Caldwell has never offended me; I bear him the same kindly feelings that I bear to every feliow man. Nothing is further from my nature than to harm any human be- ing without justice = =and necessity. I should be among the first to stand between him and the sacrifice; and he has even now my pro- foundest sympathy in his deplorable situation, But no consideration of personal kindness and sym- pathy, no emotion of compassionate friendship could induce me, nor should I seduce any one here to sacrifice to him wat stands higher than he or all of us—the dignity and honor of tiie Senate, the moral authority of the laws it makes, the purity Ol representative governments and the best inter- ests of the American people. Whatever sacrifice we might be willing to offer, these things, at least, should not constitute the victims, WASHINGTON. Wasuinoton, March 14, 1873, Afloat—A Slice of Mexican Territory To Be Taken for a New State of the Union. There are rumors afloat here ef the revival of the project conceived by General Shields, in 1848, for the establishment of # new State om the Mexican side of the Rio Grande, with San Luis as the capi- tal and Matamoros and Tampice as the seaports. It is asserted that a force of 6,000 men can be easily recruited at Mobile and New Orleans by the aid of which the new State can maintain her independ- ence of Mexico and then ask admittance into the United States. The matter has been kept very quiet, but those who profess to know say that the blow will be struck during the coming month of April. Senator Schurz Denouncing the Kansas Corruptionist and the Lobby. The discussion of the Caldwell case was con- tinued to-day in the Senate. After sundry resolu- tions had been disposed of, Senator Scott, while admitting that Caldwell had obtained his seat by corrupt means, denied the right of the Senate to set aside his election. Next came Senator Morrill, from Vermont, who made an able, exhaustive ar- gument in favor of Morton's resolution to unseat Caldwell. But the interest in the case of the Kan- sas corruptionist was well nigh exhausted when Senator Schurz arose and made one of the best speeches that have been heard in the Senate chamber against Caldwell. The galleries, including the part set aside for the Diplomatic Cerps, were filled in anticipation of it, and when he commenced the general listlessness gave way to a profound at- tention. When Senator Schurz had concluded Effigy Sargent, the new-fledged Senuter, teok it upon himself to defend his former Crédit Mobilier colleagues and the House from the charge of moral cowardice in contenting itself with a resolution to censure Breoks and Ames, of which he (Sargent) was the author, Me made a lame defence and was notlistened to, At four o'clock the Senate went into executive session on the nominations, after agree- | ing to adjourn until Monday, when Caldwell's case is to be resumed, Unhappy Condition cf the Senatorial Mind. The republican Senators are not happy. know ructed; that the diplomatic and Consular service They The name of ex-Congressman Bingham has been Mentioned without authority in connection with the Japanese mission. It is certain the President has not even intimated that he would appoint him to that position, although he ts disposed to send him abroad in a diplomatic capacity. Senators Stewart and Sargent wish to retain Minister De Long. They argue that he has been a good oMcer, and that the peculiar intimacy of the relations be- tween Japan and the Pacific States renders it ae- sirable that De Long should be retained, It is said here, among the friends of Mr. De Long, that he will resign his office in preference to being re- called, if this should be indicated by the President. The Secretary of the Treasury To Be Nominated on Monday. Mr. Boutwell has not yet resigned his oMice of Secretary of the Treasury, and was to-day present on business as heretofore at the Cabinet meeting. The President has not yet deeided on a successor, and there- fore everything said on this subject is merely spec- ulative, This is what the President said to-night; and, further, that he will not determine on @ suc- cessor before Monday. The Direct Tax on Property in the South. In 1862 @ law was passed by Congress imposing a direct tax on property in the insurrectionary dis- tri and on the 8th ofJune, 1862, a law was passed giving the parties interested the right to redeem the property sold in default of the payment of the tax on their paying the tax with the interest of the same, The first case under the latter law is that of William Sinclair, of Baltimore, who, having com- plied with its requirements, has, under an order of the Secretary of the Treasury, obtained @ certid- that the Cabinet is to be somewhat recon- | i i | their infianmable character. cate of release of the Quincy property in Florida, of it. Philadelphia Banquet. ‘The visit of President Grant yesterday to Phila- delphia had no political significance, and, there- fore, the reports that he went there to comault Iriends as to an appointment of a Secretary of the Navy,in place of Mr, Robeson, have no foundation im fact, as the President is satisfied that that gen- tleman shall remain in the Cabinet, and there being no prospect that he will retire for the acceptance of @ foreign mission, to which speculation has assigned Bim. Equally untrue is the rumor that the Presi@ext’s visit had any connection whatever with the name of a promineat banker of Philadel- phia, to succeed Mr. Houtwell as Secretary of the Treasury. Tae President was before the inaugura” tion invited by Mr. MoVeigh to partake o/ his hos- pitalities at the Union League Club house; but the President deferred the engagement until yester- day, when the state of public business enabled him to absent himself fora day from Washington. Visitors to the Naval Academy. The President has appointed the following Visi- tors to the Naval Academy at Annapolis, Md.:— Hon. Alvah Sabin, Vermont; General J. J. Rey- nolds, United States Army; Victor Dupont, Wil- mington,: Del.; William H. Hackett, Portsmouth, N. H.; Judge A. A. Wright, Florida; Professor Da- vid A. Wallace, Monmeuth College, Ill.; Professor C. G, Rogers, Tennessee, and Judge D. A. Pardee, Louisiana, The Abolition of the Franking Privilege has sadly interfered with Congressional publishing, and mot @ hundred thousand volumes are now ordered to be printed where there were upwards of four hundred thousand last year, This “pub, doc,’’ business had become a regular nuisance, as every little bureau oMcer head had to keep from two to ten clerks at work all the year on his next report, which was generally a mass of twaddle enclosing two or three pages of facts and figures, The Lighthouse Board. In accordance with the request of the Treasury Department Major William E. Merrill, Eagineer corps, has, in addition to his present duties, been ordered to report to the Secretary of the Treasury fer duty under the Lighthouse Board. Treasury Balances. The balances in the Treasury of the United States atthe close of business to-day were:—Currency, $1,811,032 16; special deposits of legal tenders for the redemption of certificates of deposit, $28,605,000 ; coin, $65,202,561 93, including $24,315,500 in coin certificates. The Eighth National Bank of New York. The Comptroller of the Currency has declared a dividend of ten per cent in favor of tne crediters of the Eighth National Bank ef the city of New York, making in all dividends of sixty per cent. Confirmations by the senate, ‘The Senate in executive session to-day confirmed the following nominations :— Samuel Plummer, United States Marshal for New Jersey; David B, Parker, Marshal for the Eastern district of Virginia; Ephraim Browne, of Massa- chusetts, Consul at Paso del Norte; Frank W, Pot- ter, of New Jersey, Consul at Marseilles; William A. Arnold, Receiver of Public Moneys, Ceatral City, Colorado; Franklin B. Stephenson, Assistant Sur- geon in the Navy; Francis M. Ashton, Second As- sistant Engineer in the Navy. Nominations by the President. The President sent the followimg nominations to the Senate to-day :— irge W. French, to be Chief Justice of the Su- Ee ‘ourt of Dakota Territory; David Noggle, to Chief Justice of the Supreme Court tor Idako ‘Territory; J. P, Kidder, to be Associate Justice of the Supreme Court for Dakota Territory; W. W. Brookings, to be Associate Justice of the Supreme Court for Idaho; H. 8. Johnson, to be Associate Justice of the Supreme Court for New Mexico; John W. Kingman, to be Associate Justice of the Supreme Court for Wyoming Territory; Oliver Fiske, to be _ United States Marshal for the Southern District of New York; Thomas A <a mg a Aasittenh | Aeros Sonate r the Post Omicg Department; George M. askin, to be United Ree “Attorney tor the Southern district of Alabama; William Parker, to be Marshal for the Eastern district of Texas; A. Logan, of Kansas, to be Minister to Chile; Jonn A. Foster, of Indiana, to be Minister to Mexico; Frank W. Potter, of New Jersey, to be Consul at Mar- seilles; James F. Vasey, to be Collector of Customs at New Orlea Waiter Harriman, to be Naval Officer at Boston; George H. Sharpe, to be Sur- veyor of Customs at New York; Alexander Sharp, to be United States Marshal fer the District of Col- umbia; William H, H. rrill, of Indiana, to be Pension Agent at Indianapolis; John A, Bur- bank, of Dakota, to be Governor of Dakota Terri- tory; W. D. Biaxham, to be Surveyor General of Florida; W. J. Small, of Oregon, to be Register of the Land Ofice, Linkville, Oregon; Cyras North- Tup, to be Collector of Oustoms, New Haven, Conn. ; Byron 0. Carr, to be Supervising Inspector of Steamboats, Sixth district; S. M. Golden, J. W. Baker, Adolphus Halt, Joshua Riley, J. W. ‘Thomp- son, William Stickney and Danie! Smith, tobe mem- bers of the Legislative Assembly of the District of Columbia, Couectors of Internal Revenue—Lewis Weitzel, First district, Ohio; John W. Ross, Fitth district, Indiana; Cole Mott, Fifth district, lowa; James Ashworth, Fifth district, Pennsylvania; Edward Ruhe, Sixth district, Pennsylvania, First Lieutenant William L. Foulke, to be captain of the Tenth cavalry; Second Lieutenant William Davis, Jr, to be first lieutenant of the Tenth cavalry; Second Lieutenant C. P. McTaggart, to be first leutenant of the Seventeenth infantry. CONFLAGRATIONS, Be ST EF Ee Destructive Fires in West Virginia, CINCINNATI, March 14, 1873. A very destructive fire broke out in Parkersburg, W. Va., last evening, destroying a block of stores on Market street, the principal business part of the city. The fire originated in the rear of J. W. Dent's feed store, Owing tothe lack of water the fire soon became unmanagabdle. Tne following are the loser: . W. Mathers, Miss Payne, jeweller; J. Kuy Kendall, dry millinery; J. . Dent . Berry, wart feed store; Martin & Gilb grocers; W. Warne & Co, furniture; R. A. Jones, druggist; J. P. Waite, grain; Mrs, Collins, milline lethodist Episcopal church and parsonage. The latter two buildings were msured lor $5,000, Which ts about one-sixth of their value. The other buildings @ mostiy insured ata high premium, owing to ‘the totai loss ¢ hot be less than eighty thousand dollars. Spring Valley, Ohio, Visited by Fire. CINCINNATI, March 14, 1873, Private advices report the burning of Burrett & Waiters’ warehouse, at Spring Valiey, near Xenia, Ohio, Jact night. ‘The fire threatened to destroy the town. No parti Fire in Iown City. lowa Crty, March 14, 1873, A fire broke ont last nicht at haif-past ten o'clock, im W. C, Luce’s merchant tatloring estab- lishment, which destroyea te building and stoc The insurance w » guods were saved, A Factory Burned in Cincinnati. Cincinnati, Ohio, March 14, 1873, A fire at one o'clock this morning injured H. Stewart & Co.'s furnitnre manulactory, on Ra street to the extent o. from eight to ten thousand dollars; partially insur Houses Destroyed at Savannah © Hovse. St. Lovis, Mo., March 14, 1873. Several frame business houses at Savannah Court House were burned Wednesday night. The | loss is not reported. ELECTION OF NORTHERN PACIFIC RAILROAD DIAECLORS, New You, March 14, 1873, At the triennial meeting of the stockholders of the Northern Pacific Ruilread Company, hela in this city, the following directors were chosen tor three years:—George W. Cass, William B. Ogden, R. D. Kice, Wiltiam G. Moorhead, J. Gregory Sinith, Frederick Bilidags, Charles B. Wright, William G, Fargo, B. P. Cheney. A. H, Barney, William Win- dom, James Stinson and ‘A, L, Catlin, ‘The directors elected the following officers:— George W. Cass, President; C. B. Wright, Vic President; R. v. Rice, resident Vice President on | the Pacific coast; A. L. Prichard, Treasurer; Samuel Wilkeson, Secretary, BURGLARY IN WORTH STREET. King & Co., of 79 and 81 Worth street, were robbed on Thursday night of a quantity of stiks, | valued at $2,000, It appears that some days pre- | vious to the robbery @ man calling himself Phenix hired a top room i} an adjoming buiding, repre- | senting that he wae the traveller for a dry goods | house in necticut, Lie move) some trunks into | this room, committed the burglary irom the roof, | packed the goods into the boxes, had them taken away and disappeared, The police are now look- ing tor him, but as he had @ goud start tiey are not Lisely to capture bia < ars have yet been received, | of ¢ & araware; M. Bloom, | 1. E. Lyon, hats wnd caps, and D. liley, were badiy datr by removal; ail ins © origin of the unknown, | Foster, but be declined to make it known, THE FIAT CF DEATH. Wm. Foster, the Car-Hook Mur- derer, To Be Executed on Friday Next. SHERIFF BRENNAN INSTRUCTED The Governor Sends a Special Messenger to New York. WHAT THE SHERIFF SAYS ABOUT IT “I Have Got To Do It”—Foster Guarded Night and Day—The Last Hope Extinguished, The sentence of death against William Foster, convicted of the murder of Avery D. Putnam, whom he slew with a car hook on April 27, 1871, Will, in all human probability, be executed on Fri- day next, March “1, at the termination of the respite granted a few days since by Governor Dix. Abeut three o’elock yesterday afternoon Major Sidney De Kay, Military Secretary on Governor Dix’s personal staff, called upon Sherif Brennan in his offices and communicated to bim some busi- ness information of a general nature, and also conveyed to him verbally and in a semi-oficlal character the crisp intelligence that Governor Dix had declined to interpose any further clemency in behalf of THE CONDEMNED MAN. Half an hour later a HERALD reporter called on the Sheriff and requested an interview. The Sheriff Was engagea at the time with his under sheriff, Mr. Joel 0, Stevens, but appeared in a few mo- ments, and the following brief conversatien en- sued “Sheriff Brennan, I have called to ask whether you have any further information for the public in reference to the case of Foster.” “Well,” replied the Sheriff, as he leaned against the window-casing of his omice, “I haye some infor- mation, and, although it is not directly official, I am convinced perfectly as to its real meaning. There is no hope for Foster.’” “Then,” interrupted the reporter, “have you re- ceived any communication from the Governor on the subject “I have not received his official or formal deci- sion,’ said the Sherif, “but a messenger from the Governor called on me and has just left me, and from the information he gave me I am satisfied that the law will take its course,”’ “And that, of course, means that the prisoner will be hanged a week from to-day ¥” “Yes, Ishall go on to-morrow with the neces- sary PREPARATIONS FOR THE EXECUTION.” Here the Sheriff paused a moment, looking some- what distressed in mind, and then continued in a regretful tone and with a wave of his hand, “Thave got to do it. It distresses me to have such a painful duty to do, but I see no other proba- bility now. Of course you will understand that the oMcial decision has net yet reached me—nothing more than @ sort of confidential or semi-official statement.” As the Sheriff was quite busy the reporter troub- led him no farther with questivns, but it appeared from his manner that he was both surprised and embarrassed at the nature of the information he had received. ~ : A few minutes before four o'clock the reporter visited Under Sheriff Stevens, and elicited from Rim an expression of his firm belief also that the information received in the office was thoroughly accurate and finally disposed of the question of LIFE OR DEATH to the condemned man. In answer te an inquiry on the sulyect of the oficial documentary decision of the Governor Mr, Stevens said :— shall have the oficial decision, with the Gov. ernor’s signature here to-morrow (this) morning.” “1s this communication which has been received to-day of so sufficiently an oficial character that you will communicate its purport te Fester to- night ?’ asked the reporter. “Oh, no,” responded the Under Sheriff; “we can only convey that information to him in an official Way and upon the Governor's official decision. What we have received is purely unofficial, but it is perfectly conclusive to my mind. Foster will be hanged.” The news of the decision in this informal way ran from lip to lip like wildfire, and before it had been an hour old probably THREE OR FOUR THOUSAND PERSONS were aware of its purport, The evening papers rushed out “extras” with the brief and fatal an- nouncement and it was the all-absorbing topic of the evening. This clearly shows the extent to which the public mind is excited upom the subject, for in hotels and club rooms, in restaurants and in lunch “dives” the word “Foster”? could be heardin almost every circle of conversation and in brief salutations of greeting triends on the streets, The general expression of opinion was that of sympa- thy tor the culprit, coupled with a belief that his deat is A PUBLIC NECESSITY in order to make strect rutianism as dangerous to | the ruitians us itis to decent citizens. Even peo- ple who expressed the belief that, technically, un- | der the statutes of this State, Foster's crime did not attain the terrible magnitude of murder ip the first degree, also concurred in the geteral decision that his execution is demanded for the public ire. It was also extremely noticeable that ‘nor Dix’s action was lveked upon as a guar- e that he is not disposed to be lenient with minuls during his incumbency and that the sco! Of rigid military discipline in which his boy- hood as weil as his later yeurs were passed has perfected him in deliberation, perception aud de- iveness of action, —* FOSTER IN THE TOMBS, The doomed prisoner passed a quiet though rather melancholy day yesterday in his cell, and ‘was visited by several im ‘of lus family.’ Mrs. Foster bas proved herseif st devoted wife to her uniortunate husband, since his final con- dempation has been allowed every courtesy and permissible privilege within the discretion of War- She has visited him daily, and ns With him from three o'clock until late in the evening. out a fuil detail of « putes to WATCH THE PRISONER nicht and day until the time of execution, and a copy of this roster was furnished to Warden Jonn- ston. ‘two deputy sherims are placed on guard each morning aud are relieved at bight py a further deiail of twomen, Deputies Hanbury and > packer took the first turn of duty, beginning yesterday morning, and were relieved last mabt by Deputies: Burns and Koehler, who go olf duty this morning, the watch belug continued to-day by a relief of two other olticers. Dr. Neaiis, physician at the Tombs, states that Foster's general health is goed, the only complaints ave by the prisoner being of a slight rheumatic affection of his arms. m Not Promulgated in Al- bany. ALBANY, March 14, 1873. ‘The decision in the Fester case will probably be delivered to-day, but it will be made known only to the officials in New York—the Sheriff, perhaps. The Governor will not make it known here, for the press or any one. The Dect Governor Dix Declines to Make His De- ciston Known Until To-Day—A Lengthy Letter Cumin, ALBANY, March 14, 1873. I called upon Governor Dix this evening to learn, if possible, his decision respecting the fate of He said the fact will be officially made known in New York to-morrow, but that his letter, giving his full reasens, addressed to a gentleman whom he wouid not name, will not be ready uptil the early part of next week, He also stated that he would not make his decision known to-night to any newspaper here, as he prefers that its announcement shall be made first in New York city, and he also declined to inform me whether it weuld be communicated first to Sheriff Brennan, Colonel Dix, the Governor's private secretary, snys the decision, in a brief official form, will be de- livered in New York by to-morrow ni} at the very latest, bb is prvlerstood that the Governor's .etige On Thursday evening last Sheri? Brennan made | giving the grounds of his decision will be quite lengthy. An Opinion from the Religious Press. (From the chores and ane (Episcepalian) arch 12 As the result of the wiole discussion, we cannot resist the conclusion that Foster was not legally convieted and cannot be legally hung. If we are pointed to the decision of the Court of Appeals we have only to say that it does not appear that this | Court has ever passed upon the propriety of the verdict of the jower Court, but that it simply passed upon exceptions taken vy the counsel for the prisoner, In what we have said, we are moved by no pity for the condemued, other than that which every Christian man should feel for ome who has 80 grievously sinned and is meeting 80 ter- rible @ punishment. If we believed he could be legally executed, no word of ours should be uttered to avert his doom. We urge no facts in his behalf except those which bear directly upon the character of the act which he committed. We have no scruples about capital punishment and no sentimental pailanthropy in Fegard to criminals. But we hold it te be of the utmost importance that the death penalty should never be inflicted except in the strictest accord- ance with law, and where the infliction carries with it the best moral sense of the community, Some of the papers have taken great ambrage at the fact that certain clergymen have expressed their views in favor of the commutation of this sen- tence. We trust that clergymen will be little troubled by this, but will have the manliness to hold and utter their convictions on all subjects which so vitally affect the moral wellare of the community, They will cease to be needed in the world when they de net dare to set public senti- ment at detiance, if necessary, in the maintenance of what they believe to be true and right. We take no exception to anything in the form of argument or earnest appeal en the part of these who believe that the penaity of death should be inflicted in this particular case. They have a per fect right to the expression o1 their opinions, and their arguments and appeals sheuld receive all the consideration to which they are entitled. But when they affirm that a great pressure has been brought to bear upon the clergy and the press, and that thousands and thousands of deilars have been expended, if they meaa to iutimate that the clergymen who have exercised in this respect the right of every citizen have been influenced by any corrupt mo- tive, We pronounee it to be false, As for the press we can speak only for ourselves, aud we do so only lest our sileace in this respect should rob what we have said of any influence it might otherwise possess. We wish, then, to declare, in the most solemn manner, that we have never been subjected to the slightes pressure Lo express our views on this subject, that we have received nothing but the thanks of those interested, but that we have been the constant re- cipients of abusive anonymous letters and at- tempted intimidations trom tose who are opposed to the position we have taken. The discussion of this subject cannot fall to do good after the excitement by which it has been at- tended has subsided, It has been an education of the community in the great principles which apply to the administration 0! justice— an education apparently much needed. The Governor, who has @ responsibility in this res, from which au; one might shrink, will discharge his duty = alter the most thorough and conscientious investiga- tion, Our purpose is accomplished by the vindica- tion of the right and propriety ol a review of the whole proceeding with reiereuce to the exercise of executive clemency, and of the prvilege which every citizen enjoys of expressing bis opmnion in matters of public interest and petitioning the con- stituted authorities in regard te them, should he See fit to do 80, TAMMANY SOCIETY. ena Meeting of the Braves Last Night—The Sceret Sealping Process—Initiation of Members. In response to a special cail the Brothers of the Columbian Order assembled last evening in the Council Chamber of the great wigwam on Four- teenth street, near Third avenue. In this “the Season of Blossoms,’ of course the chiefs and brothers ef the tribe looked blooming as coulé be hoped for, The troubles in the lava beds at the far West, where unfriendly tribes are attempting to overturn the government of this country, which country, by the way, according to the records faithfully kept by the scribes of the Tammany tribe, is now in the sist year of its discovery, the ninety-seventh year of its independence, and the society in the eighty-fourth year of its institution, The spectal object of this calling together of the trine was for the purpose of introducing and initiating those of the race who desired to obtain seats at the council fires and smoke the pipe of peace. The Grand Sachem was not present, but in nis stead the worthy Chieftain Andrews occupied the chicftain’s seat, When all was ready for the ceremonies the meeting was opened in formal style. Those who were to be initiated amused themselves as best they could in an outer room, gazing at each other and at the trophies, such as paper weights, coal shovels, scuttles, lower pots, spring chairs and blotting pads, which were placed here and there throughout the room. When the time came for the expectant one to go through the or- deal he was called—after the venerable Janitor, with shel!-bound glasses pinching the tp of his nose, head thrown back and mouth wide open, had deciphered the name on the slip of paper in bra hand—and ushered into an ante-chamber of the Council Chamber, Here he was met by a Sachem, who examined his head and, as the case warranted, gave the poor, trembling applicant to expect whether he would be SCALPED LAST NIGHT or not. Then the “Whiskeyskinskie’—or some ofticer—would appear in the room from the panel in the partition, bearing in his hand an immense | pole surmounted by a liberty cap, which, ifstripped of its stars, might serve as 4 fuol’s cap, ‘The same being given the doorkeeper, Whiskeyskinskie (or whatever he may be called), gave three tumense punches with his fist on the panel door. The door was opened, naine of supplicant handed in, and the door closed and the hame announced by the presiding sachem, who then asked if the brothers were willing to admit the applicant, who had agreed to support the constitution, harmomy aud union of the suctety. “Not a word was heard, nos @ funeral note;” in fact, amytiing vuta funeral note, fer all present pounded their feet on the floor in a way which would do credit to THE BOWERY THKATRB GODS. The presidi Sachem then gravely announced the verse of ahy mo which should be sung, and it was tingly—well, the way in which it was ren- dered Would scarcely “seothe the savage breast.’ (The socicty is sadly in need of a chief ciorister.) It sounded like a mixture of “Auld Lang Syne,’? “Old Grimes,” “Old Hundred” and “We Won't Go Heme Tili Morning,” as they might excusably be rendered on Tuesday next a) about tour A. M. As s00n a8 this part of the programme had been gone through with the door was opened and the applicant was literally FIRED {NTO THE COUNCIL CHAMBER, where he was caught by a number of the braves while others danced around hun, some holding candies and others banners, which were so fasti- Pagan as to resembie numerous scalps. A Muule ber of CABALISTIC SHOUTS | were given, which sounded like “Sago! “Chow. Chow!" wh-Ugh!? “Ya-Yel’? “Keno! alter | which ¢ oW thoroughly frightened and perspir- | iny sufferer Was rusied up in front of the Grand | Sachem’s seat, while on etther side of him stood a stalwart cliettain holding a lighted taper to Wis | jace, making him look ghastly pale, aud behind him stood his persecutor with that pole aud cap—oh, Sach a pole and sacha cap! The yenet~ able presiding sachem put the supplicant through @ cross-examination 48 to Whether he would do his part to preserve the constituuion, harmony and union of the society, in respouse to Which le eld up his left hand and answered “/mo'? (ab really left-handed afiirmative). He was then run around to the side of the chiefs seat, the grip of fellowship Was given him, his bat was snatched from his head and that cap irom that poic placed on him and twisted about by the venerable Actuig Grand Sachem, The cap Was allowed to remwin oo bis head while the Sachems had @ short talk, which ended with a lew “steps” of the Bowery gods’ style again. The cap was then lifted from the poll of the bewildered candidate and placed on the pole which his tormeptor carried tn his hand, It Was amusing to see how ailly the candidates would leok alter this operation. They would gaze around as if they had known all about it, aud then, as they seemed to think, stealthily it @ hand to their heads and feel how much of the scalp waa goue. Finding their toupées entire they would take their hats, grin most sardonically and sit dewn to laugh and dance at the next uniurtunate, ihose Who went through this DELECTABLE PROCESS last night were—Themas Pearson, Charles Place, Thorns . Casuidy, Francis B. Spinola, John 1 Caming, Wii Wicksam, A. G, Vanderpoc!, Louis L. Lorillard, A. J, Westerveit, James P. Gou- ner, H. 8. Barclay, Smith £. Lane, Richard Flanu ran, David Wood, Joseph Koch, Sidney P. Nichels, Ape H, Gibson, L. M. Lawson, Ambrese T, Cas- sidy. Some little routine business was then disposed of and @ committee of three appointed to examine the accounts of the Treasurer, alter which (ie assembled braves, crossing their arms, joined hands with their partners on either side—like & convivial party about to break up with ‘Auld Lang onal ag the venerable presiding chief ue clared :— Our chain of Union being for And its links continued strong and bright; Remember that we st ourned, ‘To meet again on first Monday aight ‘OF April, To keep alive the patriot fires ‘And revere the memories of Our ates (Or words to that effect.) ‘The assembied braves fren Went through a littl fandango, and with a “Yahoo, “Ugh ar “Keio? Lioke raphy and adiourneds