The New York Herald Newspaper, September 22, 1874, Page 7

' ° SPAIN. Dockray Landed from Cuba—Badly Treated, ——a Lonpon, Sept. 21, 1874, Mr. Frederick Dockray, the American who was -@trested in Cuba by the Spanish authorities, and After detention there some time sent to Spain, has Feached Santander. He has been landed, and, it ‘4s gald, 1s cruelly incarcerated. FRANCE, Paris, Sept, 21, 1874, ‘Tne French Consul and Vice Consul at New York have been appointed Commissioners of France to the Centennial Exhibition at Philadelphia, GERMANY. BERLIN, Sept, 21, 1874. The Orown Prince and Princess of Germany have ‘received Mr. Bancroft Davis, the American Min- “ster. DENMARK AND GERMANY. Bismarck To Be Questioned Concerning ‘Schles- wig. COPENHAGEN, Sept. 21, 1874. The government of Denmark has directed its Envoy at Berlin to ask explanations from the Ger- man government in regard to the expulsion of ‘Panigh subjects from Schleswig. AUSTRIA, — VIENNA, Sept. 21, 1874. The newly appointed Spanish Minister nas pre- Sented his credentials to the Emperor of Austria, IRELAND. _ Cork, Sept, 21, 1874. The government has ordered engineering opera- ‘ ttons for the removal of Daunt’s Rock. CENTRAL AND SOUTH AMERICA, Riot at Aspinwall—Italian Laborers and Soldiers in Bloody Conflict. ASPINWALL, Sept, 12, 1874, Aserious riot, attended with bloodshed, took Place here this afternoon, about half-past four clock, between the Italians in the employ of the Pacific Mail Steamship Company and the troops on fluty here. 1t appears that one of the soldiers, un- armed, was on the wharf, and was chased of by some of the Italians, who threw stones at him, On arriving at his quarters he reported the case, When an officer and six men went at once to the Wharf to arrest those who bad made the assauit. On reaching the gate one of THK ITALIANS FIRED two pistol shots at tie troops without result, when a volley was fired in return, which mortally wounded one of the Italians and _ seriously wounded a Jamaica negro, whose leg will have to be amputated. Tne excitement is intense and additional troops have been .sent jor to ? the peace, Caliiornia passengers, who arrived just alter the occurrence, were placed safely on board the steamer Acapulco. That no more were hurt {s wonderful, as the Volley was fired just outside the gate and directly up the whari, Mr. Corwine, General Agent; Com- Mmodore Gray and Superimtendent Thompson, Were just outside the liue of fire and the wharf ‘was full of laborers, Matters are quiet now, but the troops will be Welcome. The Colombian Republic is qmet. Guatemala bas saiuted the British flag in repara- tion ior the Magee outrage. The Republic of Guatemala will send delegates to the United States centenary celebration. COLONEL MILES’ EXPEDITION, A Canard Exploded—The Troops Fall- ing Back for Supplies—Desperate At- tack on a Supply Train—The Killed and Wounded. Cuicaco, Ill., Sept. 21, 1874, Special despatches were sent out from Quincy, Ul, last night concerning alleged Indian depreda- tions near Camp Supply, Ingian Territory, and de- claring that Colonel Miles had been compelled to fali back to meet bis supplies; that he had telegraphed General Pope itor reinforcements; that one large supply train of thirty-six wagons had been captured, the Assistant Wagon Master had been killed, and the men compelled to aban- don the train, after a desperate resistance, bring- ing twenty-seven wounded into camp; that 300 Stands of arms, together with a large amount of ammunition and commissary stores, had fallen into the hands of the savages; that the Eighth cavalry had come in from Arizona entirely desti- tute, having lost ail their supply and baggage trains, and joined Colonel Miles’ command, On inquiry ut headquarters tne story proves to be untrue, or so slightly founded as to be virtually @ canard. From official despatehes received by Lieutenant General Steridan, THE REAL FACTS are obtained. Coionel Miles, in a despatch dated on the 5th inst., seventy-five miles south of Red River, advised General Pope that he should fait back for supplies. His despateh, received by Gen- NEW YORK HERALD, TUESDAY, SEPTEMBER 22, 1874.-TRIPLE SHEET. THE UTICA CONVENTION. Preliminary Movements of the Republi- can Gathering To-Morrow. The Candidature for Lieu- tenant Covernor. Uneasiness of the Managers on the Third Term Question. The Prominent Leaders in Attendance. Utica, N. Y., Sept. 21, 1874, If the euthusiasm that every good republican in the State believes will prevail at the Convention here on Wednesday can be measured by the prea- ent dreary outlook, so far as the prospect of a large attendance is concerned, there will be awful disappointment day after to-morrow. Not even one of the State Commitiee has put im an appearance, and the only two strangers of importance in town, as yet, who are in any way interested in the Convention, are Lieutenant Governor Robinson, who seeks a renomination, and Judge Edwards 8. Peirrepont, who heads the delegation from the Sixth district of New York city. Even the few rural delegates who came on Saturday went away yesterday. At least they are nowhere to be found, and the dozen or so of canal patriots, who had come down from their snuggeries expecting to find some of the “big guns’? lying about loose, have made themselves scarce. It may be that they were “gobbled” by John Kelly, who passed through the city early this morning on bis way heme, fully primed and cocked to blow Havemeyer and Waterbury to atoms, Butashe did not stop over here tong enough to put anybody tn his pocket the horrible supposition must fall to the ground. Seriously, the absence of every member of the State Committee creates no little surprise and comment among the resident republicans. Even Governor Robinson expressed wonderment when he heard that not one had put in an appearance, However, itis more than probable thatthe ma- jority of those delegates who are ranked among the leading wire-pullers, who, in fact, lay out all the plans which the other delegates follow blindly when they get the sign, have an idea that it would be useless to wait an entire day, inasmuch as there is no prospect of any Strite, and that, as things now look, all the preliminaries can be easily arranged in half that time. It was rumored this evening that the State Com- mittee and several of the prominent delegates trom New York had, in order to escape the interrup- tions they would be exposed to, stopped this af- ternoon at Albany, where it was agreed that they were to HOLD A CONFERENCE with a few of the delegates trom the western part Of the State, but tuis rumor turned out to be groundiess, it having been given rise to doubtless by the tact that three delegates who came up from New York were known to have leit the morn- ing train at Albany. It is expected, at any rate, that by to-morrow morning, when the early West- ern and Eastern express trains arrive, Dot only all the members of the State Committee but all of the leading delegates and prominent men of the party who are officially booked at the note!s to a: sist, a8 the French say, at the political periorm- ance to be given at the Opera House on Weunes- day. will be forthcoming. An immense attendance of small fry outsiders from all parts of the State are also expected to- morrow and it is more than probable that Utica will be crowded Irom then until Friday as she was never crowded belore, There 1s not a room in any of the hotels that has not been engaged beiore- hand for days and even wecks, and so the additional ever serviceable canvas back cot will be made to do good service in big rooms, in hall- Ways and everywhere where cots can be placed with any degree of safety to the particular gen- tlemen, who will doubtiess be only too glad to secure exclusive possession of them for a night or two. Thus it can be taken flor granted that the Observer to-day of almost evervbody of note or halt note, is after all no proor that the Cunvention Will Rot be an enthustastic one. THE ARRIVAL OF LIEUTENANT GOVERNOR ROBINSON creates some strange talk, and there are those who believe that the General is still rather doubt- ful about a renomination. ‘here is nothing as yet on the surface that indicates—so far ag I have | been able to learn from republicans from several parts o/ the State now here—that he ought to fear jor the result, especially since Mr. Ellis H. Roberts, who had been talked of for the R. T. Goldsmith, alternate ;*G. L. Lyman, delegate; #, A. Carpenter, alternate. Orange County. MIDDLETOWN, N, Y., Sept. 21, 1874. The delegates to the Utica Convention from the Secona Assem™ly district, Orange county, are E. M. Madden, John Burt, Francis Marvin and James W. Hoyt. ‘ Broome County. Binauawron, N, Y., Sept. 21, 1874. At the Republican Convention here to-day the following delegates to the Utica Convention were chosen :—C. E. Martin, B. R. Johnson, D. L, Browne son and Luke Dickson, They were instructed to vote for Dix and Robinson, and tne delegates to the Congressional Convention were instructed to Support the renomination of Hon. ‘. C. Piatt. Troy, Rensselaer Uounty. TROY, N. Y., Sept. 21, 1874, The delegates to the Republican State Conven- tion from tne city of Troy are John M. Francis, qamaw Forsyth, Chester Griswold and S. R. Clex- GOVERNOR DIX AND THE CREDIT MOBILIER. The authenticity of a letter recently published from Governor Dix, addressed to the chair. man of the committee which had the subject of the Crédit Mobilier frauds under consideration, offering to testify to his knowledge on the subject if @ commission would be sent to Albany for that | Purpose, having been disputed, the Utica Herala Publishes the following letter from such chairman, mai would seem to settle the question effect- Connensviitx, Ind., Sept. 14, 1874, My Deas Sin: Your letter is at hand, inclosing a slip containing copy, of a letter from Governor Dix to. me as chairman, 4c, The letter was ived by the com- mittee, I recollect the substance, and I presume it is ac- curately copied. [have now no i that the Governor's letter was re Upon its receipt, it was considered by the committee that owing to the nearness of the close of the session, & | sub-committee could not be sent to Albany to take the | testimony ; and as he had informed us that it was impos- | sible for him to come to Washington, the effort to pro: | cure his evidence ended there. From the editorial comments I infer that it is being charged that the Governor refused to appear before the committee, Speaking tor myself, 1 will say that such ts not my understanding. T and thé committee understood that he was ready to test In answer to your question whether 1 have any opinion in regard to Governor Dix’s connection with these mat- ters, | have to say that there was not sufficient testimony taken by the committee upon any matier which had to do, with Governor Dix to warrant it in framing any opinion as to the real nature of the transactions. Very truly, &c., JEREMIAH M, WILSON. AMUSEMENTS. Booth’s Theatre—Reappearance of Mr. and Mrs. Barney Williams. After an absence of over five years from the New York stage Mr. and Mrs. Barney Williams Made their reappearance at Booth’s Theatre last night to a crowded house, in the well known drama of ‘Connie Soogah, or the Jolly Pedler.’’ The reception they met with proves not only | that they have not been forgotten, but that they still hold a warm place in the hearts of the public. While Barney retains all of the old wit and humor, Mrs. Williams looks as fresh and blooming as one might expec: a bounc- ing Irish girl to look who was “a jumpin’ jewel wid @ honeycomb between her chin and her nose,” “The Connie Soogah” is full of fun and humor, With good dramatic situations and plenty of op- portunity for the display of the peculiar talent of the artists, Nothing was left undone by the man- agement to place the piece upon the stage in good shape, and the result was that the Irish drama was never presented in better style. Barney, of course, played Corney McGrath, and his appearance was greeted with a warm Welcome, inierior only to that accorded to Mrs, Williams when she made her appearance as Nelly Nolan. The “Connie Soogau’’ was originally pro- duced at Nibio’s Garden, and since then tr has been played witn success in both England and Ireland, At the close of each act there was a recall, and Mrs. Williams received @ hearty encore for her Irish jig in tre third act. The piece was well cast, excellently. played and mounted in @ superior manner. Most of the scenes were really effective, and some of them | Were truly picturesque, Miss Mary Wells, Mr. | Warde and Mr. LeClerc played the parts allotted to them well, and the ee passed off pleasantly, without a hitch, Mr. Willams, on being recalied before the curtain, made @ neat little speech, New York public has always evinced toward him and Mrs. Williams, and expressed the hope that the feeling shown might be long continued. The Lord Mayor and Lady Mayoress of Dublin, Lord and Lady Massercene, Major Leech, the rifle team and all the ladies anc gentlemen of the party of distinguished Irish visitors, have accepted an invitation to see Mr. and Mrs. Barney Williams in the “Connie Soogah,” on Wednesday evening. Jarrett & Palmer have arranged to have the house handsomely decorated, and the orchestra will wel- come the guests with appropriate music, Olympic Theatre. A spicy programme, replete with all the best elements of a first class variety entertainment, was given at the Olympic last evening in presence of alarge and well pleased assemblage. from the rise of the curtain to the fall thereof, the interest in the performance was well sustained, | court of the United States has jurisdiction. thanking those present lor the kindness whicn the | indeed, | LOUISIANA Reverdy Johnson on the Over- throw of Kellogs. The First Great Error of the President. FEDERAL RECOGNITION The President Trusts Durell and Fails in a Prerogative. “Governors” and “Lieutenant Governors” Should Resign and Favor a New Election, BatiMong, Sept. 21, 1874. JAMES GORDON BENNETT, Editor of the HERALD, New York:— Dear StkR—In compliance with the request con- tained in your note of tne 19th inst., I give you the subjoined opinton “apon the Louisiana difficulty." The questions the occasion present are of 1m- | portance to the whole country, as well as to | Louisiana, They should{tuerefore be treated with much deliberation and in no partisan spirit. I Proceed to consider them under three heads, | vin. First—Was the President right, in the first in- stance, in recoguizing Kellogg as the Governor of the State ? Second—If he was not, had the people any rignt to drive Kellogg irom power, as they have done, by force of arms, and to take possession of the government ? . Third—Was the President a right to restore Kellogg and the government of which he was the head? FIRST. In my opinion the President committed an error in considering Kellogg as the legitimate Governor. He seems to have acted regardless of the fact Whether he had been elected by a majority of the people of the State. he had not been, and there 1s every reason to pelleve that im this they were cor- rect. The President’s course was apparently | adopted by reason of a judgment, or decree, | of the United States District Court of the State. The President considered himself bound by that decree, and, as it assumed the election of Kellogg, he thought he was to take that election as con. clusively established. in this, { think, the Presi- dent was clearly wrong. The question whether a State government has been legitimately estab- lished is not a judicial one. The courts of the United States are not vested with any authority to | consider it, This, in the nature of things, must be so. How is such a fact, when disputed, to be ascertained wheao the ground of the dispute is that the party claiming to have been elected did not receive a majority of the legal votes? Are the witnesses to be examined by the courts? Are ‘ the ballots which have been cast to be producedr Is the competency o! each voter to be passed upon? It must be obvious that over such inquiries no The question is a political one, and is to be adjudged by the political department of the government, This was clearly ruled by the Supreme Court in the case of Luther vs. Borden (7th Howard), | that case the facts were these :— BHODE ISLAND, AFTER THE REVOLUTION, had no other constitution until 1843 than its colo- | Mial charter, granted by Charles the Second in | 1663. The provisions of that charter were sup- posed by many, and probably by a majority of the people of the State, to be, in certain essential | particulars, anti-republican. They resolved, | therefore, to supstitute another constitution, and | for this purpose @ convention was held and a new government formed, under which, at a succeeding popular election, Dorr was chosen Governor. He then attempted to get possession by force, and Was successiully resisted by the charter govern- ment, The question came before the Supreme Court, in the case referred to, instituted by Luther, who was acting under the Dorr constitution, to recover damages fora trespass allegea to have been committed by Borden, who had proceeded under the authority of the charter government, | position, has been renominated to Congress. t | Tue only man who stands in ne a ene eae te ee umerous | rhe opinion of the Court was given by is General Batcheler, of Saratoga, and | Commendable features than by the promptness | Grier Justice Taney, and there was no even he will not stand if his friends. in whose | and rapidity with whicn it was carried | dissent upon the jalne. i waverkads.. <tc nands he placed himseli to be dealt with accord- | on, Opening with a little romance entitled “Or- gent ip P ri 5 ing to their good judgment of the contingencies, | pneng and Koryaioe,? there followed a series of , Jt was expressly held what the inquiry whether a decide to-morrow nignt that he ought not to go before the Convention as a candidate. It is suid also, on the authority prominent republican in this city, that Governor Dix will exert his in- fluence in favor of tne General, As this nomi- nation of Lieutenant Governor is tne only one anybody anticipates a contest over it is certain now that if gets it, the entire republican ticket of 1872 wiil again be put in the field, for the iriends of the other old nominees would consider it a slur upon them if the Governor anda Jdeutenant Governor should be declared entitled to a renomination and the remainder of the ticket not. If the imends of the other old nominees will not allow Rovinson to Robinson | humorous and well arranged sketches well calcu- lated to amuse the crowded house, which was by no means siinted in its applause. Mr. Howard Paul was warmly welcomed, and gave some of his popular impersonations, accompanied by charac- teristic songs. As a Dutch delineator Mr. Knight was perfectly irresistible, especially in the Sketch entitled “Weston, the Walkist,”” while in “fen Years After; or, Keeping the Pledge” Mr, Sam Rickey and Master Barney, two exceedingly clever Irish comedians, were greeted with con- tinuous approbation for the drollery and artistic merits which they displayed, Altogether the entertainment was heartily a) eral Sheridan to-day, is dated trom his camp on the Wachita River, September 14, and came via Fort Dodge, leaving there on the 17th. He say: JGnd that aiter leaving the Canadian River Major Lyman, commanding the escort to the sup- ply train, was attacked by from 300 to 400 Indians on the morning of the yth inst. The Indians charged the train several times and made every eifort to capture it, fignting so determinedly as to detain it for three days, The fight was very ciose and the train was completely surrounded, On the third day the Indians abandoned the attack, re- treating southwest. From all the information I cun get here since my arrival I believe they formed no part oi the body we drove off the Staked Plains, and they were believed to have been led by Satanta and Big tree. THE KILLED AND WOUNDED. During the fight Lieutenant Lewis, Fifth intan- try, Was severely wounded in the knee; Sergeant Dearmon, Company |, Filth iniantry, was killed Sergeant Single, Sixth cavalry; Private Burk, Fiith infantry, and Wawon Master Sandford were wounded, the latter mortully. The officers esti- Mate the number of Indisns killed at filteen and the wounded many more. Private Pettijonn, of the Sixth cavalry, was killed near the camp on McClellan Creek on the 1ith. Lieutenant Baldwin will have informed you of lus successiu! encounter wita Indians while coming in as bearer of de- Spatehes. A part of the force that attacked Major Lyman attacked a party of six bearing despatcnes, Who entrenched themselves in the sand, and atter @ desperate fight all day, in which one courier was kilied and four wounded, they compelled tne Indians to retire, having killed tweve. Whenever we have fought them they have been severely punished, with comparatively slight loss on our side, The rivers to the south are DOW so swollen as to be impas- sable for wagons. 1 am building a bridge across the Wachita, ¢ cavalry Were obliged to swim their horses on recarning. ‘The march back was even more exnausting than the advance, even with the Indians in our jront, Owing to the terrible and continuous rains wich flooded the streams and made the roads aimost impassable, from which facts, as Well as because Dut ball rations of forage Were furnished and the Indians had destroyed Much of tue grass, tne‘animals have come in ex- hausted and somewhat worn down, This command now. occupies the valleys of McCiellan Creek, Sweet Water and the Wachita, Major Price's command is camped near us, acting independently, General Pope, in a communication enclosing Colonel Miles’ report, says that Colonel Miles hag force enougi to beat any force that can be met, The Corralled Supply Train—Indians Avoiding a General Engagement. TOPEKA, Kausas, Sept, 21, 1874, Information from the scene of operations against the Indians in the Southwest is to the effect that a train of supplies corralled pb: Indians on the Washita was released by i force from Camp Supply on the 14th inst., and in continuing its journey south was met by General Miles’ command, wiich went into camp about Aiteen miles south of the Canadian River. The Indians are moving south and apparently ‘wyibg to avoid a general engagement, ABREST OF A CLERICAL EMBEZZLER, ATLANTA, Ga., Sept. 21, 1874, The Rev. Wesley Prettyman, of the Northern Methodist Epjscopal Church, and Postmaster at Marietta, Ga., was arrested and brought here to-day tor embezziement and other penal viola- tions of the Post Office laws. Ball was Oxed at $2,000 by Judee Erakine, be renominated unless it is agreed upon betore- hand that thelr friends on the 1872 ticket shall be likewise honored, itis the general opinion among the republicans here that there will be some nice twisting and squi: ming to-morrow in the preiimi- nary caucuses over THE QUESTION OF THE THIRD TERM, and as to just what the Convention should say about it, ifanything. It is said that the State Committee and the delegations trom New York, Kings, Erte and st. Lawrence even are divided on the subject, Some of the leaders don’t want the terribie thing even mentioned, while those who be.eve this would te bad policy, in view of the stand the democrats have tuken, want it touched upon even If it hay to be done in a gingerly way. The action of the Oneida Republican County Con. vention a few days ago has, In coming out as flat- Jooted as it did against the third term, itis be- lieved, had more than anything else to do in creating this feeling of uneasiness and uncertainty among the managers, and as right after the Convention a resolution denouncing a third term followed one eulogizing Senator Conkling, it ig the surmise that he inspired the declaration. | But, from all reports, I believe t! the delegates by to-morrow night will have harmonized their views on this as on all other questions to be dealt with, for one of the chief things to be attained in the Convention, in the opinion of the leaders, is harmony not only as to the nominations, but as to everything else Which will become a part of its Work, amoug THE PROMINENT DELEGATES and others who, though not delegates, will have just as much, if not more, to do with the finishing Up of things in the Convention, expected at daye lignt to-morrow are Tom Murphy, A. B. Corneil, Collector Arthur, J. N. Knapp, Secretary of the State Committee; General Batcheller, Canal Com- misstoners Stroud and Barkley, ex-Senator Baker, H. G. Bastinan, Hamilton Fish, Jr; W. Le Proctor, Mayor of Ogdensburg; George Bliss, John N. Parker, of Alpany; J, W. Elmira; Ricard Crowley, United States District Attorney, of Lockport; Police Jourdan, of Brooklyn; State Prison Inspectors Kirkpatrick and Piatt; John M, Francis, of Troy; Senator D, P, Wood, Senator Woodin, Charles EB. Smythe, of Albany; W. A. Darling and G. Hilton Scribner. There is not a liberal to be seen anywhere about town, and none of them are expected even to aid as lookers on. The Elected County. BUFFALO, Sept. 21, 1874, The following delegates to represent Ene county atthe Republican State Convention, to be held at Utica on the 23d inst., were elected to-day:—Krirst Assembly district—Charles Jessemin, Casper Lord and John Deitzer. Second Assembly district William B. Scott, Henry McCulloch and John Schoeman. Third Assembly district—Joseph Ball, Henry Morse and William Baynes, Fourth as- sembly district—John Nice, George L. Remington and Jacob Eschelman, Fifth Assembly aistrict— BE. A. Godfrey, BE. D, Wevster and Byron A, Oburchill. Delegates from Erie Suffolk County. RIVERARAD, L, L, Sept. 21, 1874. ‘The Suffolk County Republican Convention met at Riverhead at one o'clock this afternoon, Mr. E. A. Carpenter was called to the chair and A, R, Duval and John H, Hunt were elected secretaries, ‘The following delegates and alternates were elected to atvend the state Convention at Utica, September 23:—S. B. French, delegate; U. R. Day- ton, alternate; 3S. R, Wiliams, delegate; G. M. Tiestan, auecmata: Hailebs TL. Gluck delegate: Corning, | Commissioner | preciated, and it would seem that the establish- Ment has entered on a career of prosperity which nothing but judicious management and a caret regard for the public taste could have brought | about. Wood's Muscum—“ Richellen.” Bulwer’s great play was produced at this theatre last night, with the followmg cast:—Richelieu, Mr. Davenport; Julie, Miss Miles; De Mauprat, Mr, Aldrich; Baradas, Mr. Lefiingwell; Joseph, Mr. Martin; Francois, Miss Sandford; Marton De- lorme, Miss Stratton, Mr, E. L. Davenport Is | justly considered one of the leading actors of the American stage, and it is to be regretted that his | talents at present should be sacrificed on boards ordinarily devoted to Bowery plays and blonde burlesque, espectally when no provision was made for the exigencies of the superior standard of drama in which this sterling artist excels. The | production of a piay like “Richelieu demands something more than the accessories of “Escaped from Sing Sing” or “Romeo Jatier Jenkins,” and, although an intelligent theatre-goer would seek to encourage a higher order of taste in the smaller theatres, yet the most liveral mind calls tor some- thing approaching an appropriate setting ior the dramatic jewel that giistens on the bill for the time being. The Richelfeu of Mr. Davenport is full of strong, bold characteristics, that move with more electric force than the mgenions mech- } anism of more methodical representatives of the | great Cardinal, The stereotyped points that in | the clockwork school of dramatic art come to with | the same unvarving accuracy as the musical | phrase with the baton of the conductor find but Mttle favor with him. The grandeur of the old soldier, priest and statesman, even under the most Poa circumstances as well as In the most trivinl (still more perilous jor the actor), was shown in every scene last night. The charm of | Mr. Davenport’s acting lies in its utter natural- | ness. A feeling akin to disappointment at first ossesses the mind when one finds that the well beaten higiway of the Richelieus is forsaken and that the actor seeks a direct way to convey his | Meaning. But as the characterization progresses and the talent of the artist impresses itself more wily on the minds of the audience the | old lines are forgotten and admiration be- | comes the predominant feeling. The great scenes of the third and fourth acts were never delivered with more signal etfect than last evening. We use the word etfect advisedly, a8 Tepresenting intellectual effort, not mere ranting. The school of Mr. Davenport appeais more to the intelligence than to the brute instinct, With him | the character of Richelleu ts a harmonious whole, complete tn all its parts, and not a kaleidoscope of unconnected traits. The other characters call for ho special mention, except—well, considering the delightful remembrance of Mr. Davenport's imper> sonation, we are inclined to forvear mentioning Wee the meaning of the word “ex- cept. Musical and Dramatic Notes. “The Princess of Trebizonde” is still in the full flush of success at the Lyceum. New changes and features have been introduced. Mile. Marie Heilbron, prima donna of the | Strakosch Italian Opera Company, is preparing for her @¢bat on Monday next as Violetta, in “La Traviata.’ Orrawa, Ont., Sept. 21, 1874. government exists in any State is a political and not @ judicial one, The language of the Court is, “that the inquiry belonged to the political power and not to the judicial,” aud “that it rested with the political power to decide whetner the charter government had been displaced or not,’ same case it was decided that when the President is called upon to protect a State against domestic | violence, in the manner provided for by the fourth section of the fourth article of the constitution, he | 1s compelled to determine whether the wover- | nor or the Legislature of the State making the call 1s or ig not legiti- mate, and his determination is conclusive ‘The result of these several rulings seem obvious, Judge Durell bad no authority whatever to pass upon the question whether Kellogg had been duly elected Governor, That was a question which, when properly brought before the President, he was lo determine for himself. The action of the Judge possessed for him, nor for anybody else, no authority whatever, Consequently the President, when he recognized Kellogg, as he is understood to have done, exclusively upon the ground of that action, fell into an error. He abandoned—unde- signedly, no doubt—the duty whica the constitu- tion devolved upon him, and sought authority for what he did under a judgment of a United States Judge, which, as to him, was entirely void. SECOND, But the President having recognized Kellogg, | whether upon suMcient evidence or not, that recognition was at once absolute and final. The people of the State consequently, however unjust and injurious to them may have been the decision, Possessed no right to subvert the government so recognized by lorce of arms, except as such right was @ revolutionary one. A right of revolution an never be supposed to exist under an estab- lished government, Such a right, indeed, sup- poses no existing legal authority, but asserts itseif upon natural and elementary prin- ciples, such as are stated in our Deciara- tion of Independence, But the States of this Unton, however sovereign they are in many re- spects, are not wholly 80, Each State is bound to | the other States and to the United States, and the | Obligation is such that aright by force to change ) her form of government is not possessed by her, as its exercise might interfere with the relation that she bears to her sister States and to the para- mount authority of the United States. The gov- ernment of Kellogg may have been grievous in the extreme to the people of Louisiana, and, no doubt, it was so. Its corruption and abuse of power threatened the State with bankruptcy, and were destructive of all individual enterprise and happiness. Kellogg’s election is said to have been accomplished by means of gross frauds upon the franchise, and this is reported by a committee vested with the power to make the inquiry by the Senate of the United States, That report, and the speech of the Hon, Mr, Carpenter in support of it, it is thought, make good the allegations of fraud to all who are not Dbiinded by partisan prejudice. Notwithstanding all the sad con- sequences of the existence of the Kellogg gov- ernment the saferers cannot legally find redress in violence, They must await the deliberation of Congress and the President, and must hope (1 trust not in vain) that they will, at an early day, give them relief, That the President can have no wish, himself, to tyrannize, or to permit otners wo tyrannize, over any State in the Union, is a pro- The Dominion Parliament has been further pro- |, Toqued by oficial proclamation till October 30, position upon which, Lapprehend, a majority of Ube veonle af toe country will entertaip no dqubt His opponents insisted that | In | His past renown would be as notmng to nim if ne permitted himself to be governed by any such motives. He has, I doubt not, in his action tn originally recognizing Ketlogg, either deceived himself or been deceived by others, but tne error, as I think it was, must have been one of judgment, and not of design. THIRD, The President having recognized Kellogg, and that recognition never having been reversed by gency? That he cannot permit a State govern. ment tobe subverted by domestic violence with- out palpable dereliction of duty is clear, When called upon in proper form to put it down the termination, and to restore the government at- tempted to be overthrown. Kellogg’s government, from the time it was recog- nized by the President to the occurrence of the late violence, was the only government known to the State. Every department—legisia- tive, executive and judicial—existed under its authority. The President therefore ts impera- tively called upon to protect it and to reinstate it a8 it was bejore the violence took place if he can. His recognition of it having been acted upon as conclusive of its legitimate existence, he has now no right to withdraw It, His decision is as bind- ing upon him as !t was upon the State. is juris- diction over the subject was exhausted by its first exercise, and his subsequent conduct 1s to be gov- erned by the same considerations which would Control it if the legality of that government had never been called into doubt. What he is doing now, in my opinion, is what hets bound to do. An admission of aright to resort to violence to put down an existing government mignt, by tts example, often lead to anarchy in every State—a condition of things more fatal toa people than any abuse of the elective franchise or govern- mental power. Thave said that the President is bound to re Store the Kellogg government—if he can. But the government is not constituted of Kellogg alone. It 13 made up also of the Legislature, the judictary and of subordinate officers, appvinted or elected, The most of these are reported ettherto have resigned or abdicated. If they refuse to return to their oMces has tne President any power to force them todoso? Ifhe has not, nas ne power to compel the election or appointment of others? I think it clear that he has neither, and the effect of his doing what he can for the restoration of Kellogg as Governor may leave the State without any other ofticer than a Governor, or with a Gov- ernor without a government. The difficulty, there- fore, of the present situation in Lousiana may not | be obviated by the course he is! pursuing or by any which ne can constitutionally adopt. flow it might certainly be met without further excitement or trouble is & question which would seem to me capabie of a ready solution, and that is the | One suggested in your note—the resignation of Kellogg and McEnery. But to make this effective each of the Lieutenant Governors shouid also re- Sign. If they are governed by patriotic motives, and desire to restore tranquillity to their State, they will not hesitate to take such astep, That Kellogg can desire to retain a position wiich is so adverse to the teeling of the State, and which it is obvious he would not be avie to hold a day witnout the aid of federal troops, seems to me to be equally unpatriotic and dishonorable, But, upon and, ashe may judge it, will he meet with the applause or condemnation ot the country. Iremain, with great regard, your obedient ser- vant, REVERDY JOHNSON, The Danger of Having the Chief Com- mercial City the Capital Also. To THE EpiroR OF THE HERALD:— In connection with the wretched Louisiana busi. ness the time would seem appropriate to call the attention of the people to the great mistake (often made) of locating the political capital at the com. Mercial capital of a State or country. Wno sup- had been at almost any other place in the State than New Orleans the late disgraceful overturning | of the government could have occurred? {t would have been impossible to have col- ) lected and transported to tne scene of action the necessary number of malcontenvs with supplies and accoutrements in a sufficiently brief time to surprise the authorities and capture the records and public buildings. And who doubts but that if the capital of the State of New York was located in the city of New York the government of this State would have been overthrown on more than one occasion, and especially immediately prior to the commencement of the war, or at the time of the rots, or at least its overthrow attempted? Even now the toyal clans whictr ambitious chiefs cam marshal in this great commerctal centre pur- sue like hungry hyenas the spoils of but a single men, under bad _ leaders, if able to compass at @ single grasp the spoils of pell, power and patronage of the whole State added to that of a single city? Who sup- poses that the government of France would have been overturned so often, and so easily as it bas been, i the political capital nad been located in one of the smaller towns, away trom the great do and supplies can be had for almost auy enterprise, however desperate, at, as it were, the tap of the | drum? In this matter we see again the wisdom of our foreiatners, who, instead of jocating the capi- tal of the country at New York, or Philadelphia, or Boston, great commercial centres, located it where there was little prospect there could ever be a great city and where there was then barely | More than a settiement, oe, | NEW ORLEANS. Arrival of a Goverment Investigating Committee to Inquire Into the Recent Outbreak. NEW ORLEANS, Sept. 21, 1874. B. C, Cowen, Assistant Commissioner of Internal Revenue, and Commander Rogers, of the United States Navy, @ committee appointed by the gov- ernment to investigate the outbreak, have just ar- Tived ana are closeted with Governor Kellogg. General James Longstreet, Commander-in-Chief als were surrendered for want of ammunition to defend them, and places the responsibility on At- tarney General Field, who enjoined the militia ap- ‘propriation of $20,000, made by the last Legisla- ture, Judge Dibble, in a letter to the Picayune, says | he fired two shots trom window in the Custom House at those who deliberately fired at him while standing there looking on but taking no part in the fight last Monday. The Metropolitan Police Force Reor ganized in New Orleans. WASHINGTON, Sept. 21, 1874. The following telegram has been received at the War Department from General Emory :— HEADQUARTERS OF THE DRPARTMENT OF THE GULF, NEW ORLEANS, La., Sept, 20, 1874, To THE ADJUTANT GENERAL OF THE UNITED STATES ARMY, WASHINGTON :— Yesterday the State authorities replaced the temporary police force by the regular police force of the city. It was feared that this change mignt cause some disturbance and troops were posted at varioas points in the city, but the night passed very quietly, I think this may be taken as an evi- dence that the surrender food faith; for, by a peculiarity of the law of onisiana, the police force of this city 18 organ. ized under the State law and under the direct control of the Governor. W. H. EMORY, Colonel and Brevet Major General Commanding. The Efforts at Compromise—Nothing To Be Done—The Soldiers in the City. NEW ORLEANS, Sept. 21, 1874. The proposition of the republicans of the con- ference committee to give two members of the Returning Board to their opponents was rejected. The Committee of Seventy conferred with the people’s delegation to-night, but the Secretary assures the HERALD nothing will be done, There are 2,000 soldiers here. McEnery Parish Ofict Their Offices. FRANKLIN, La., Sept. 21, 1874. ‘The McEnery parish officials who took posses sion of their oMces last Wednesday surrendered them quletiy to the Kellogg officials to-day, THE NEGRO TROUBLES IN GEORGIA. Avausta, Ga., Sept. 21, 1874, Conflicting reports are in circulation as to the condition of affairs in Edgefield county. The negro Tenant, thé ringleader of tho party, was not arresied, as reported yesterday, ‘Lhe latest |. Panorta atata that all ia auigt, Surrendering Sane Congress, what ts his duty in the existing emer. | constitution gives him no option in the matter. | He 1s bound by its very words to bring it to a | such @ question, the man—Kellogg—is the judge, | | Poses for a moment that if the capital of Louisiana \ | city of agreat State, What might not, then, bad | | city, instead of in the midst of Paris, where men | In the | of Kellogg's army, says the State House and arsen- | § complete and in | 7 —t THE FALL RIVER CALAMITY. poses The Investigation Before the Coroners Jury—Testimony of the Superintendent and Overseers—I'wo More Bodies Re«~ covered, Pact River, Mass., Sept. 21, 1876. | The Coroner’s jury for the investigation of the | Granite Mill disaster met at half-past twerthis after. noon, in the large committee room in the Cay Hall. Several witnesses were examined, the prim- cipal one being James KE. McCreery, the Saperin- tendent of tue mills, whose testimony was sub | Stanttally the same as previously reported, noth- ing new being elicited. At six o'clock @ recess Was taken until hal!-past seven o'clock. At the evening session there were some domem Witnesses present, Bach one was examined’ a length, but their testimony was in substanee | only @ repetition of tue statements already pube lished, Samuel J. Young, the colored DoF. whose duty it was to clean the mule heads, testified that he saw Dennis Leary oil the male where the fire is reported to have originated ; alae | saw him throw water on the fire, which he ges | | | from @ sink two-thirds the way down the room from the fire, Altred Buckley's (second overseer of the poole ing rooms) testimony was a description of what was done there alter finding the exit by the state. / way cut off, and added, that had any one come into the room, as tie Superintenden’ ciaims te | have done, they must have heard the screams ef the girls, who did not cease for a moment calling , bis (Buckley's) name for him to save them. Joseph Wood, second overseer of the mule | room, who made his escape from the filth story by means of the fire escape, also testified that he; | heard the girisin the sixth story screaming; did | Dot hear the Superiutenuent or any one else call | Jor help in the fiitn story to escape, and did net | See the Superintendent at ail, | _ Mr, Shove, the treasurer ot the mill, Was presen¢ at botn sessions of the jury, but bad not beer called to testify up to the hour of adjournment, | ten minutes past ten P.M. fhe jury meet at & quarter past nine A. M. to-morrow. | arred, blackened, and unrecognis- able bodies were jound tn tac lower mule room, ab | the north end of the mull, to-day, | prada | THE MAINE ELEOTION, uGusTa, Sept, 21, 1874, | Election returns received at the Kennebec youre. | nal office from all, except forty-four, towns in ther | State give Dingley 51,306 and Titcomb 40,187, mate | ing Dingley’s majority 11,119. The forty-tour towns | yet to be heard irom gave Dingivy last year a mae | Jority of 433, 5 | ‘wo more ec CONGRESSIONAL NOMINATION, Yankton, D. T., Sept. 21, 1874, The Democratic and Anti-Monopoly Convention: at Vermillion on Saturday nominated W. a. Bure | leigt (or Congress, ODD FELLOWS. | Convention of the Grand Lodge of the | United States—The Opening froceeda | ings. | ATLANTA, Ga., Sept. 21, 1874. The annnal Convention of the Grand Lodge of the United States, L 0, 0, F., is being held in this city, the session beginning at nine o’clock this morning. | The Order in Atlanta and vicinity turned out tm large numbers to receive the Grand Lodge, who | Were escorted to the Capitol, where an address of weicome was delivered by Past Grand Miller, which. | Was responded to by Deputy Grand Sire M, J. Dure am, THE BUSINESS during the session to-day was only of a r: ture and there will be but litte final ieisiatiom, | until Weanesday. There are many prominent members of the organization preseut at the Come vention, including Governors of states, mayors, judges and merchants and bankers from all the | princtpal cities, During the session several grand. | eutertainments will be gived in hour ol the Grand Lodge. tine nae THE REPORT of the grand officers stiows the Order of Odd Fellows. to be in a flourishing condition throughout the geueral jurisdiction, meluding the British Domina. jou, the Sandwich Isiands, Australia, Germany | and South America. \ et MAILS FOR EUROPE. | The steamship Scotia will leave this port om | Wednesday for Queenstown ana Liverpool. | The maiis for Europe wili close at the Poat OMee | at twelve o'clock S1, | Tax New York Herarp—Editicn for Europe will be ready at haif-past cight o'clock in the morme ing. Single copies, in wrappers for mailing, six conta, Wehli to Weber. \ New York, May 25, 1871. | Mr. Weber—Before leaving London Madame Parep@ drew my attention to your Pianos, which were ua-! known to me atthe tine. Permit me now to congrata~ late you upon the success of your instruments, which. Jou Kindly placed at the disposal of Miss Kellogg daring her concert tour. They have been admired by the: public. The throughout the United States hag Qnanimously pronounced them the finest Pianos in thes United states. I fully endorse that optnon; as for per fect action, pure, brilliant and powerful tone andy durability, they have no rival anywhere. * Believe me, yours very truly, } JAMES 'M, WELL. A.—For an Elegant, Fashionable Hat ‘uperior quality go direct to the manwacturer ESPENSCHELD, 113 Nassau street " A.—Furniture Bargain: | CO.’S advertisement. | aia aie Rods sce | As Family Liniment “The Hoasee | HOLD PANACEA" js invaluable; immediate relief fol- lows its use in all cases of pain in'ths stomach, Bowelp | or Side, Rheumatism, Colic, Colds, sprains and Bruises, For internal and external use. | nd Physical Deformities cessfully treated by Dr, MARSH, at No. 2 Vesey street, opposite St. Paul's church» A.—Silk Elastic Stockings, Belts, Knee Caps, Abdominal Supporters, Suspensory. Bana. | Shoulder Braces and Crutches, at MARSH)S Truss Ui | No. 2 Vesey street Lady In attendance See Kelty & A.—Ruptare suc A Sensonable Change.—The Know | BLACK sILK HAT has displaced the white Cassimere, thus ugurating the fali fashion of gentlemen's Ha’ All bright people make their purchases at KNOX'S, Broadway, or in the Fifth Avenue Hotel. Batchelor’s Hair Dye is Splendid. Never fails, Establishe eycars. Sold and propert appued at BATCHELORS ctory, 15 Bond st, Ne Ky, Celebrated Patent Wire Signs and | litical Banners; original designers and makers, UOJ. 4 CO., Paimiers, 97 Duane sireet. Corns, Bunions, Enlarged Joints, alk diseases of the feet cured by Dr. ZACHARIE, 27 Uniew | square. En Suite or in Single Pieces.—All the Jatest_ novelties in PARLOK RNITURE, carved ig newest designs ot Cashmere, Tapestries, Velvets, Kum broideries, &c. HERTS & CO,, 996 Broadway, opposite Eleventh st, Electricity asa Disease Destroyer and health restorer applied at No, 7 West Fourteenth street Health Restored (Without Medicine by DU BARRY'S REVALENTA ARABIC FOOD to the stomach, nerves, lungs and liver, curing dyspepsia (ime digestion), constipation, diarrhea, acidity, palpitation, sleeplessness, denility, ‘wasting coug! asthma, fove consumption, low spirits; 70,00) cures, which had resiste ail other remedies, | Depot jn New ork, JOUN Re HENKY, CURRAN & CO., Nos. 8 and J College place. Now the Elastic Truss, 683 Broadway, Soon cures Rupture, tt is particularly noticeable that ti | more conscientious of the metal trags dealers have fore sakeu & pursuit so unnatural and reprehensible. Patent Wire Signs, Net Banners and engravad METAL SIGNS manufactured by HOJER & | GOl, Sign Paintors, 07 Duane street. | Ms True what General Rumor Saith, | {OZODONT'S the thing tor That s e reath, And hates foul mouth as lite hates death, *tla SOZODONT for which we pant, ‘Tis more, more SOZODONT we want, Live without SOZODONT we can’t. Who's Your Hatter?—Caliahan, the manuracturer, 140 Bowery, between Grand and Broome streets NEW PUBLICATIONS. —JUST PUBLISHED, A LUCID DESCRIPTION O® Liver and Stomach Diseases, their Causes, Symp= toms and Treatment, by Dr. Spreng, member of the New: York Academy of Medicine; matied tor 10 cents. Ada dress the author, 201 West Twenty-second street, TI Medical Lancet say: his excellent treatise rofleet ereat credit on its experienced author,” a RIGHTS DigmAse, :DIAREERS, GRAVEL, ve. cul, Gout, Rneumatism, ‘spepsia, Diseaso of Liver, Kidneys, | Bladder, Prostate “Gland Prostration, Organic Debillty and Chronic &! Me Rastict” Sully Mc Mae hdl aaa aLure’s 8) BETHESDA MINERAL SPRING Wi TER, KY HEATH, the anther, will i PB WA " eto ms Letters bs Wh sent't othe! ree to any address. of hopeless cases ci ven hiet, Depot ana roveption treme ne ait Rew York. ANHOOD—200TH EDITION. ATISE: ON the Laws Governing, Lite, Rap lenawey. of the ‘Causes and 5) toms. with Instractions: success- Mean lteter bale ant remata cline im Mannood, PRIGe 50 CENTS. Adcress the LO Ree oe ae OR CURTIS, No. oS micah New You, *