The New York Herald Newspaper, September 30, 1874, Page 7

; + < pan a ta cr rr SPAIN. #anguinary Battles Between the Carlist and Re- publican Troops—The Royalists Routed Along the Entire Line. MADRID, Sept, 29, 1874, Unofficial! despatcnes have been received here stating that the fighting {n the Province of Navarre between the Carlists aud the republican troops under General Morioues was continaed on Friday last, making four continuous days of con- Hict. The despatcnes state that on that day twenty- two battalions of the insurgents attacked Gen- eral Moriones’ army at Bersu/n, near the town of Tafaula. Asanguinary confict ensued, resulting in the repulse of the Carlists along the whole line. ‘Their loss was very heavy and tney were compelled ‘to aak the republicans for medical assistance, Ungallant Toward u Spanish Lady Panis, Sept, 29, 18° At tg reported that ata council of the Ministers it "was decided to request the wife of Don Carios to leave the French frontier immediately, The Chief Command in ihe Basque Ter- ritory. MapRin, Sept. 29, 1874, General Pieltain has been appointed commander ~of the forces in the Basque provinces. A DANGEROUS DETACHMENT DISPERSED, Cucalo’s band has been totally dispersed in the province of Valencia. Pampeluna Relieved—Carlist Threat Against a German Pressman. Maprip, Sept. 29, 1874, General Moriones has succeeded in relieving Pampeluna. I¢ is reported that a correspondent of the Kreuz Zevtung has received warning from the Carlists ‘that he will be arrested and snot if he crosses the frontier. The Czar of Russia Likely to Negotiate with Serrano—English Supplies for the Carlists. Lonpon, Sept. 30, 1874. A special despatch from Berlin to the Daily -News says it 1s reported that Russia is about to Open negotiations with President Serrano, The Morning Post is iniormed that several tons Of cartridges for the Carlist army leave Birming- dam almost every week. FRANCE. _ A Modification of the Cabinet Expected. Lonpon, Sept. 30—5:30 A. M. ‘xhe Standard says a report is current in Paris that the Duke de Broglie will soon re-enter the Ministry. ENGLAND. The Election of Lord Mayor of London. Lonpon, Sept. 29, 1874, ‘The annual election for Lord Mayor of London took place to-day. Alderman David Henry Stone ‘Was chosen. WEATHER REPORT, ‘The weather throughout Engiand is fair and un- ‘asually hot. THE ENGLISH TURF. Racing at Newmarket—Contest for the Great | Eastern Railway Handicap. Lonpon, Sept. 29, 1874, The race for the Great Eastern Railway Handi- Cap, 8 sweepstakes of 15 sovs. each, 10 forfeit, with 100 added by the Great Eastern Railway Company and 100 by the Jockey Club, for three-year-olds and upwards, the owner of the second horse to receive 25 sovs. out of the stakes (87 subscribers), took place at Newmarket to-day, and was won by Aurore, three years old. Puzzle, five years old, came in second and Modena, five years old, third. The betting just before the commencement of the Tace was 6 to 1 against Aurore, 25 to 1 against Puz- tile and 7 to 1 against Modena. ‘There Were nineteen starters. CHINA. | ‘The Maritime Losses by the Typhoon at Hong Kong. Lonpon, Sept. 30—4 A. M. Details of the damago to shipping by the typhoon ‘@t Hong Kong have been received. In all five ‘vessels were sunk, two stranded, seven are miss- Ang ad twelve were wholly or partially dismastea, THE INTERNATIONAL POSTAL CONGRESS, —_—_+—___ France Hesitates to Accede to the Convention— The United States To Be Consulted. BERNE, Sept. 29, 1874, Allthe European governments represented in the Postal Congress except France have in- structed their delegates to sign the convention upon the condition that it receives the support and ratification of the United States. France has reserved the right to hereaiter examine the con- | ‘ditions before signing the convention, THE 81, DOMINGO ARMAMENT. St. THOMAS, Sept. 16, 1874. Generals B, Baez, ex-President, and V. R, Baez, ave—es already staied in {—arrived here trom Curacao, and Meme Casseres from Samana, They are endeavoring to ge! vtamuaition for St. Domingo. They leave to-night for Mayaguez, Porto Rico, waiting there tor an opportune mo- ‘ment to land at St. Domingo. THE COTTON CROP, ‘September Report of tie Memphis Ex- change—Damage from the Drought— Laborers Abandoning the Crop—Se- rious Forebodings for the Future, MEMrils, Sept. 29, 1874. The September report of the Memphis Cotton Exchange shows answers from fifty-four corre- spondents in West Tennessee, fifty-one in North Mississippi, thirty-four in Arkansas, north of the Arkansas River, and ten in North Alapama, dates of which average about Sepiember 20, Of these 149 responses sixty-seven answer that the weather since August 20 has been dry and warm, sixty-six generally dry, with light local showers; fourteen abundance of moisture, and two an excess of rain. As to the effect upon the plant sixty-four report serious shedding of fruit; tweuty-three improved growth of bolis; twenty-seven second growth, too late to mature; eighty-one premature opening of bolls; seven damage to open cotton in conse- quence Of soiling and beating out, and, thirtecu, oo material change in the situation, There has been NO APPEARANCE OF CATERPULLARS ‘nor ts any appearance of them anticipated. Con- cerning the proportion of Yield as compared wita last season the corresponience indicates an ave- ped depreciation of iorty-iive per cent realized pe Incipally im Tennessee aud Arkansas. This es- Amate of yleld ts based upon probable appearance of frost at the usual time. The average date of commencement of picking in Tennessee was August 21; in Mississippi, AU> ust 24; in Arkansas, September 1 and in Alabama ptember 6, Answers to imterrogatory seven, which is of a general character, indicate that in ‘the main crops are entirely open on the uplands and with good weather will be liarvestea by Octo- ber 30 to November 15; that, a8 a general thing, on the uplands, bulis are smal), the staple suort and light and the seed comparatively worthless, Hav- ing realized advances to the extent of their in+ terest laborers have abandoned the crop in many Instances, and as, in addition to prices of cotton being low, very littie grain or meat has been raised, there ia much foreboding as to the Inture, Very few planters have raised enough torage ‘or ‘the wintering 01 stock and many are now sowing wheat and tre | | | NEW HURRICANE AT CHARLESTON. The Entire River Front of the City Inundated—The Battery in Rains— | Fence and Buildings Destroyed— | Damage to Shipping. CHABLESTON, 8. C., Sept. 29, 1874, The most fearful gale in this city since 1454 oc- curred yesterday, beginning about daylight, with @8trong southeast wind, ana increasing in vio+ lence until mine o’clock, when it had become a hurricane. For afull hour the gale was the most severe ever known here. The tide was forced up to an unprecedented height, inundating the entire river front of the city, damaging the wharves, and in some instances sweeping away the pierheads, The long stone sea wall, known as the Battery, famous promenade resort, was laid in ruins, and the public bathing house was demolished, | certain well-bebaved and respectable persons— | at the particular table where they WASHINGTON. WASHINGTON, Sept. 29, 1 Civil Rights at the National Capital— Suit Against a Restaurant Proprietor. In the Police Court, before Judge Snell to-day, & hearing was had in the case of Harvey & Holden, who were charged with reiusing, on the 234 of September, to accommodate in their restaurant namely, Charles RB, Purvis and James M. Lang- ston—although reqnested then and there by said persons to accommodate them with alunch, The complainants are slightly colored, The testimony showed they were informed by persons conuected with the restaurant that they could’ not be served had taken Seats, as the seats were pre-engaged by regular THE SHIPPING | generaily escaped any serious damage. Some | small crait were wrecked, but large vessels were | ciel ti | only chafed, ‘The French Ministers Compelled To Be | Throughout the city the effect of the gale ts | everywhere visible. Fences and outbuildings were | destroyed, branches were torn from trees, and | during the heigut of the storm tne air was filled | with slates and tin stripped from the roofs, mak- ing the streets impassable. The massive brick walls of the new theatre, which had just been completed, with the exception of putting on the roof, and which from its position in the burnt dis- trict, was exposed to the full force of the gale, | were leveled with the strect. About noon the wind shilted to the west, mode: ating the violence of the sea, Two houses are re- ported as being swept away on Sullivan’s Island, and one life lost. The inmates of the bathing house | were rescued with great difficulty, It is probable | that $250,000 will not repair the damages caused by the gale. | } Rising of the River—The Rice Lands Overflowed—Damage to the Crop. WILMINGTON, N. ©., Sept. 29, 1874. One of the heaviest storms ever experienced | here prevailed nearly ali day yesterday. The river {3 very high, The telegraph lines were down in every direction until this morning, The rice jands were overflowed and much damage was done to the crop already cut. The storin measurably abated before midnight. No serious damage has as yet been reported to the | shipping. PORTLAND STEAMER OVERDUE. Fears Entertained for Her Safety—Wit- | nesses of the International Bout Race | and Morris, the Oarsman, on Board. Boston, Sept. 29, 1874. Considerable anxiety is felt for the saiety of the passenger steamer trom St. John for this city. She left the former place at eight o'clock yesterday morning, and touched at and left Eastport yester- day morning, and was due in Portland this morn- ing and in Boston this afternoon; but nothing has | been heard of her since she le(t Eastport. If on | her course she must have ENCOUNTERED THE HEAVY STORM which is raging all along the coast, and tt is rea- sonable that fears of a disaster should be enter- tained. Ste hadon board an unusually large num- ber of passengers, including many Pittsburgers, New Yorkers and Bostonians, who were return- ing from the international boat race, the oarsman Morris being himself a passenger. Friends in tnis city of those on board, who are anxiously awaiting tidings of the missing steamer, are fearful that she may have been wrecked and lost. THE WEATHER YESTERDAY. The following record will show the changes in the temperature for the past twenty-four hours, in comparison witn the corresponding day of last year, as indicated by the thermometer at Hudnut’s pharmacy, HERALD Building :— 1873. 1874, 1873, 1874. 68. 81 64 3AM 62 3:30 P, M. 62 6P. M. m7 61 64 9PM m2 «660 . 64 12 P.M... mn 5T Average tewperature yesterday.. . 61% Average temperatare lor corresponding date last year.. “ seteeeeeeereeeeeesees 13 THE POTTER RAILROAD LAW, Order of the Court Including Other Roads in the Recent Injanction. CHICAGO, Ill., Sept. 29, 1874. A Madison special despatch says the Supreme Court this morning granted a motion to tuctude the Milwaukee and Prarie du Chien division of the Milwaukee and St, Paul Railroad in the recent in- junction issued by the Court to compe! that road | to comply with the provisions of the Putter law. THE NEVADA DEMOCRATS, Nomination of State OMicers and Con- gressman—The Platform Adopted. SAN FRANCISCO, Ual., Sept. 29, 1874. The Nevada Democratic State Convention last night nominated L, R. Bradley for Governor. Jewett Adams was nominated ior Lieutenant Gov- ernor, and A. ©. Ellis, of Ormsby county, for Con- gress, The Convention then adjourned until to-day when a platform was adopted, opposing massed capital, subsidies and a@ third term, condemning | the back salary grab, opposing Chinese emigra- | tion, favoring laws for the regulation of fares and | freights on railroads, indorsing the eight hour law, arraigning the administration for abuse of power, deiending the repeal of the bullion taxes and condemning the acts of violence recently | perpetr ated in the South. LIBERAL REPUBLICAN CONVENTION, The Adjourned Meeting at Albany— Nominations Made. ALBANY, Sept. 29, 1874. At a meeting of the State Itberals, held at Twedale Hali, at noon here to-day, Hon. Charies Hughes, of Washington county, presided, The Chairman briefly and very forcibly addressed the assemblage, pointing out the dual importance which existed in the result of their decision as, in- dependently of the general desire to purify the | representative chambers of the State and nation, the great question, looming in the distance, of the third term for the Presidency, would, in a great measure, be influenced by the course of the Em- pire State, General Jones moved a resolution which tt was hoped would embrace the views of the largest number, tf not all, The following 1s the text:— Resolved, That this Convention deem It unwise to make nominations tor state officers; that adhering to the in- teyrity of the liberal republican organization and the Punciples vhich it represents, we recommend tothe | iberal repw State that they support tor office men only of approved aud who most fitly represent the principles jated at the organisation of the party at Cincinnatt and subsequently reathrmed at State conventions, and who also stand committed by the action of the Conven- tion which piaced them in nomination against the third Presidential term and the centralization of power at the seat of the lederal government. It was seconded by General Cochrane in an able and argumentative speech, in which he pointed out the duty o1 the iberals at the present crisis, There were men in the party who, he said, felt that. in the recent constitutional proceedings they had aright to be consulted, while others considered that the adoption of Dorsheimer had been a recog- nition whicn Was significant. ‘ne point to be loosed to Was to support principles, not men, aud Jn the framing of the resolution just read they had placed im words the assertion of that idea in a Mmauner which he thougut entitled it to the sup- port of all there, The resolution was adopted unanimously, after which the Convention adjourned sine die, THE BROOKLYN REFORMERS. Comptroller Schroeder Renominated by the Committee of One Hundred. The Committee of One Hundred of the Brooklyn Reformers met last night and passed a series of resolutions, renominating Comptrolier Frederick | A. Schroeder. A preamble was presented, which sets forth his efMicient services and commends him for tnereastug the value of city bonds during lis administration, and concludes with the lollows ing:— Resolved, That a committee of thirteen be selected to waitupon Mr. Schroeder and urge upon fim the vital ia nice to the Wellare of the city of his aliowing the use of his name as & idute for Comptroller before the nominating conventgn about to assembie for the selection of candidates tf city offices. Resolved, That the committee so appointed be re- quested to present to Mr. sehroeder acapy ot the tore. going preamble and resolutions as the unanimous judg - ment of the Reiorm Association ot Kings county. The reading of the resolutions was followed by a debate in which Messrs. McLean, Eschwege, Davis, Farrington, Coit and scott ‘participated, The resolutions were adopted and the following named persons were appomted a committee to honesty wait upon Mr. Schroeder:—William Marshall, James Eschwege, George L, Nichols, 8. B. Chitten- den, S. N. Davis, A. A. Low, ad 3. kK. Kenneay, Van Nostrand, A, B. Baylis, A. S. Barnes, Poster Petit, Samuel McLean and Frankiin Woodruit, The commitree then went into executive session | to hear the report of the sub-cofamittee of eleven ob reoraniZauians customers. One of the complainants remarked, if they could not be served there they would not be served at all, and, declining to take other seats, they left the restaurant. The Judge said the r fusal to serve these men appeared to be absolute and imposed on the defendants a fine of $100. They took an appeal to a higher court. The prosecution was under a legislative act, passed in 1872, making it a misdemeanor for keepers of restaurants, hotels, ice cream and soda saloons, barber shops, bath houses, &c., to refuse, on any | pretext, to serve any well-behaved person, with- out regard to race, color or previous condition of servitude. The Duties on Worsted and Woollen Goods—Statement from the Customs Bureau of the Treasury Department. The following statement has been obtuined trom the Lustoms Bureau of the Treasury Department. | The law now on woollen and worsted goods ts pre- cisely the same as it has been since March 2, 1867, and is enforced in the same manner. ‘The aistine- fions that are important to merchants are those relating to the designated classes of such manu- fJactures and those that are not designated. The de- Signated manufactures are described as “women’s and children’s dress goods and real or imitation Italian cloths which pay a square yard duty and YORK HERALD, WEDNESDAY, SEPTEMBER 30, 1874.—TRIPLE SHEET. LOUISIAM 5 BILEMMA. pans The Opinion of Mr. Charles. O’Conor. Considering the Executive | Error in 1872. L EF é The President Can Remedy His Mistake. New York, Sept. 26, 1874, To THE’ Epitok or THY HERALD:— The mopressive unanimity of sentiment which prevails on the question of Kellogg’s claim to the office of Governor, as that claim stood originally and prior to any action by the President, renders it quite needless to express any opinton on that subject. Leaving out of view, for the moment, | i | Sclence, and, 80 far, morally just. But this would had deen preventea trom applying’ for ald the Presiaent would baye possessed no legal warrant to justify his interierence, Had he gallantly con- fronted his opponents and fallen in the vindication of his cause the President might in like manner have been left without authority, This should | sufllce to refute the idea that there ts devolved by the constitution on the {ederal government a, duty to Intervene for the suppression of evil ex+ amples in contempt Of State jaws. After the ouster of Kellogg by Penn the applica: tion of the former to the President presented merely a renewal of the same precise question which arose upon the first dispute—t.e, was Kel- | logg the duly elected Governor of Louwmana? If he was duly elected it was the President’s duty to | reinstate him; otherwise not. If General Grant | still labored, under hia original delusio: on the Subject his interference was consistent with con- not prove that he was officially justifiable. A President cannot wage war against a lawfully elected State government and secure an exemp- tion trom censure by simply pleading as a bar to inquiry that his intentions were pure. OM- chal duty involves a responsibility for che correctness of all the ofticer’s acts, The | censure, if any, due to official tnterposition | against the rigut, in such @ case as the present, | 4 | may depend on a great variety of circumstances, ‘The degree of attention given by the oflcer to the inquiry 1a hand, his apparent motives, and any President Grant's acts, the jadgment of the press | and of nearly all deservedly influential persons, in | or out of office, seems to be that Kellogg was not duly elected. Assuming this judgment to be correct, the main if not the only practical point for consideration, at | tuts time, 18 as follows:— | Was the original error of the President in recog: | nizing Kellozg as Governor 4 conclustve judgment, | which, subject only toa review by Congress, was absolutely binding upon all persons, including the | President himself, and also irrevocable by him | even, though he should have subsequently dis- | covered his mistake? } It cannot be confidently aMrmed that this point an ad valorem duty combined. But if over four ounces in weight these same goods pay fifty cents per pound and thirty-five per cent ad valorem.” The other class 18 simply described as “all other manufactures composed wholly or in, part of worsted, the hair of the = alpaca goat and other ike animals, except such as are composed of wool.” On the last named of which the duty Is fifty cents per pound and forty per cent ad valorem, whereas on the worsted it ranges from twenty cents per pound to eighty cents per pound with a corresponding ad valo- rem, the average, however, being almost exactly the same as if they were wool in distinction from worsted, The result isa somewhat lighter duty on “women’s and children’s dress goods and roal or imitation Italian cioths,’’ and consequently an effort to bring other goods of the class known as serges and linings within that limit; but the distinction heretotore made and now required by law is not to include in this designation of women’s and children’s dress goods and real or imitation Italian cloths anything which is | not specitically so described, the difference of | uty being alter 2ll not great. ' Serges, linings and | all goods of this class and for similar uses are, dutiable under rhe provision above cited in rela- tion to worsteds which are not women’s and es ha dress goods or real or jmitation Italian cloths. The claims above referred to are as follows First Class.—On women’s and children's dress goods and real or imitation Italian cloths, if costing not over wWeente per square vard, the duty is 6 cents per square yard and 35 per cent ad valorem; if costing over 20 cents per square yard she duty is 8 cents per square yard and 40 per ceit ad valorem, Second Class.—On worsteds not as above, it costing not than 60 cents and vot more than 8) cents per pound, the duty is 40 PANT pound and °5 ner cent ad valorem: it costing over §) cenis per pound the duty is 50 cents per pound and 35 per cent ad valorem. Third Class.—On woollens, not worsted and not dress goods, the duty Is 60 cents per pound and 8 per cent ad valorem, THE FITCH-SHERMAN WEDDING. Washington Society Agog—Arrival of | Archbishop Purcell and His Clergy- | men—Arrangement of Ceremonies—The Most Magnificent Catholic Wedding of | Our Day. WASHINGTON, Sept. 29, 1874. Washington’s soctal world 15 all agog with ex. | citement over the Fitch-Sherman wedding to be celebrated at the Church of St. Aloysius, in this city, on Thursday, October 1. The ceremony will be performed by Archbishop Purcell, who, with his secretary and his other clergymen, arrived here this morning, and are, as the guests of General and Mrs, Sherman, occupying a fine suit of rooms atthe Arlington, The Archbishop will be assisted in the ceremony by Father Maguire, 8. J., pastor of St. Aloysius; Father Healey, 5. J.; Father Mooney, of New York, and Fathers Boyle, Quatman and Dutton. There willbe a throne on the left side the Sane: | tuary for Bishop Wood and one on the right tor | Archbishop Bayley, the primate in this country. The other priests numbering about forty, will be in reserved seats near the sanctuary. Rev. Dr, Tiffany and wile, the Methodist divine who per- , formed the marriage ceremony uniting Mr. Sar- toris with the President’s daughter, and Rey. Dr. Pitzer, a Lutheran clergyman, wili occupy seats in the front pews. THE BRIDESMAIDS AND GROOMSMEN will be on prie diewx arranged on either side the altar, while the bride aad groom will occupy those | placed at the foot of the altar. There will bea | nuptial mass and the marriage ceremony per- | lormed before mass, | The best musical talent here and elsewhere will | lena sublimity to the occasion, There is GREAT DEMAND FOR CARDS forthe church, to which none can be admitted without the bit of cardboard on which are the | magical words, The presence of two Archbishops, one Bishop | and fifty of the clergy; of the President and Ca»i- net; representatives of all foreign Powers, glit- | tering in their court dress; Army and Navy | omMecers, brilliant in their uniforms, with judges | and statesmen, politicians, legislators, members, Governors and distinguished people from the | social, literary and art worid will combine to make | it the greatest and most magnificent Catholic | wedding that has taken piace tn our day, in either this country or Europe, excepting, of course, that of Eugénie in varis, in 1852. SERIOUS RAILROAD ACCIDENT. Collision on the Utica and Chenango Valley Ronad—Another Mail Agent Killed. BInGuamroy, N. Y., Sept. 29, 187: The accident on the Utica and Chenango Valley | Railroad to-day occurred one and a half miles ; north of Oxford at ten minutes after eleven -| o'clock, The gravel train was standing on the | main track, in a deep cut, loading from the bank. | The conductor’s watch stopped at ten minutes Alter ten o'clock, and he did not know it. He consulted it alter it had stopped, and thought ne had time to load and get out of the way o/ the pas- Senger train coming south. There was no signal man Out, and the passenger train was running on time at full speed. The engines struck and smashed togethe! Tne tender of the passenger engine tel scoping in the mail and express car, caught KE. Childs, the mat! agent. Charles Lewis, engineer of the passenger train, crawled out with | his shoulder broken and some severe cuts and bruises, A tireman aud Orange Emmons, of Nor- wich, fell against the iront of the boiler and were covered with coal, They were dug ont by railroad | hands ana passengers. iremun was hot mach | hurt, but Emmons is thought to be fatally injure , Tue Matt car Was burhed, pearly consuming Mr. | Cuilds’ body, No mai! matter was saved. Mrs, Wilham Faulkner, of Fish Creek, an elderly lady in the palace car, ts thought to be tatally injured. | The passenger cars were filied with persons going | to Oxford Fair. A great many were braised, but Jew seriously. Additional Details of the Accident Cause of the Collision. Urica, N. Y., Sept. 29, 1974, Among the killed by the ratiroad accident near Oxford Was Janes Hickey, of Norwich, a boy who ‘was stealing a ride to Oxford fair. The mail and express cars, With the greater part of vneir contents, and the baggage and smoking cars were de. stroyed by fire. The collisian was caused by the Btoppage of the watch of engiveer Snnth, of the gravel train, who was also condactor and boss ol the working gang. ‘The Passenger train was tile one whicl leit here at halt-past eight Ay M. ‘Lhe wreck wlil be gleared to-night. had ever been thus distinctly and sharply pre- ; sented to the mind of that eminently learned and | experienced jurist and statesman, Reverdy John- | son, before he prepared the opinion with which, | in your columns, you have favored the public. If any difference shall be observed between his views and mine Tam persuaded they are such ag a joint conference and consultation would have | obviated, | On an exigency of this kind the whole authority | of the federal government, in any of tts depart. | ments, or in all of them combined, is derived from | the constitutional power and duty “to protect | each of the States against invasion and, on application of the Legislature or of the Executive (when the Legislature cannot be convened), against domestic violence.’ It will be seen that while the duty to protect from invasion a extra 1g absolute and unconditional, neither the power nor the duty to protect a State government from “domestic violence’ is conlerred or arises except | when such government, by its legislative body or | its Executive, solicits: federai atd. And it should , further be observed that it ts only when the leg- | islative body 13 not in session and cannot be con- | vened that the State Executive is authorized to | invoke intervention, The strictness and pre- , cision of the fundamental law in these partic. | ulars is very instructive. It was only in cases of imperious necessity, and then under the most cautious limitations, that the fathers consented | to allow federal interference with State electtons. | Aowever flagrant the disordera and violations of ; | law and justice, in the canvass or otherwise, by which a duly and fairly elected State officer | might be set aside and an usurper permitted to-! occupy his seat, tt was deemed most expedient to leave the remedial process in the hands of the State itself, In such a case, if the State Legis- lature chooses to acquiesce, the federal authority cannot mterlere while tt is in session or can | be convened, nor would such interference be | lawful, even tn the recess of the Legislature, if the lawfully elected Executive, through corrup- tion, pusillanimity or otherwise, declined to solicit | aid in support of his pretensions. It scarcely re- quires a reference to the sound and clearly illustra- tive opinion in Luther v. Borden, 7 Howard's U. S. | Reports, to prove that the power of determining | which 1s legitimate of two existing de facto State | governments, is not judicial but political. When one Of these appeals to the federal government for protection against the “domestic violence’? of the | other, Congress, or tn its default the President, must O/ course determine the question, and the | State government recognized by this determima- tion must be protected accordingly against its rival by the federal Executive. Be it in reason, | justice and truth ever so erroneous, such a decis- | ion must, nevertheless, be regarded valid 80 long asitremains in force. Ana it is binding on all , persons and in all courts and places, Against the . moral or political wrong, if there be one, there is | no remedy but revolution and with revolutions juridical science has little or no concern. | All this | think must be conceded by every sound | lawyer, and from these premises some persons who believe that Kellogg was not duly elected stili maintain that the President's original error in recognizing him 1s of such potency, In law or policy, that the President ts bound to persist in tt and to reinstate Kellogg Dy the military forces of the Union as often as he may be displaced. im my opinion the premises do not warrant the conciu- sion thus drawn from them. ‘A decision by competent oficial authority binds, | It is true, without reference to the question of its | justice or propriety; but this rule obtains only so | | long as the decision remains in force; and the | cases are rare indeed, if there be any, in which a decision, by any tribunal or oficial authority, ts absolutely irreversible. Courts of the highest | authority, or, as it is sometimes expressed, courts in the last resort, occasionally recall their own | judgments and hold for naught thelr own | previous solemn adjudications. This was lately | done by the Supreme Vourt of the United States | in the familiar controversy concerning the con- | stitutionality of the legai tender acts, It is true | that a court of last resort will generally refuse to | reconsider a question which it has once directly | adjudicated, But no proposition is better estab- | lished than that itis the duty of every such eourt | to recall any decision of its own which it has be- | come convinced was erroneous. | In this Louisiana case the paramount authority | was Congr A recognition of the Kellogg gov- | ernment by that body would have bound the | President and all others until Congress should | itself have again acted on the subject and revoked | its former conclasion, Congress not having acted in this case President Grant’s recognition bad a | similar eect and bound all parties; but as Con- | gress might have revoked its determination so wight President Grant have reconsidered his opinion, and when cailea upon a second tUme | by Kellogg he might bave refused his aid. And unless, when such second application was made, General Grant stili labored under his original and erroneous opinion that Kellogg was duly elected he ought to have so refused. Kellogg, to be sure, was ousted by force from a State office, into which he bad been inducted by the President, in the exercise of # constitutional power; and the employment of that force was a breach of peace, But tt was the peace of the good people of Louis. ana thas was broken, No law of the Union was infringed or contemned, The extreme violence Which accompanied Penn's revolutionary move- ment may have been an evil exampie. One of the most ancient and valuable jaws which the wisdom | of their English ancestors transmitted to. the | American colonists is that which forbids the law. | fat owner of lands to oust “with a strong nand a | multitude of people” the trespasser who, by long possession or otherwise, has clothed hitoself | with @ color of right, This was pre- cisely the condition of the usurper Kellogg; and it would be mmpossible to maintain im any | Judicial tribunal having cognizance In the case | that their act Was Not an offence. But, as dejore | stated, their offence was against the laws of | Louiscana only, ‘Ihe President nad no right or aw | thontty to interfere on that ground. He isnot the Republic's general custos morwn; nor 1s he au- ‘horized to correct by armed force all violations | ‘of good Manners occurring Within a particmiar | State, It 18 auite certain thats (rota apycause. Ketlore | | equally censurable, | reconsider his course. | of | tes of the law ali persous who may commit acts of: | election, | members, namely:—Messrs. Alvert Voorhies and | Packard and = B F, Joubert, selected,’ ‘py the representatives of the republican arty, and Of an umpire, namely, Dr. M. | to-day, Says that proposals have been made to | citizens killed in the late conflicts, | the party representing \ difficulty or doubt atiending the question in- volved, might serve to inculpate him, extenuate | his fault, or wholly to excuse it, The view taken | by the President on Kellogg's first application could furntsh no reason for @ similar course on the secona, However his original decision might con- trol others, it was in no degree obligatory upon himself, Individual consistency, tn oficial opinion or action, is mot to be maintained at the ex;ense of rectitude and justice, The pride of an execu. tive chief might stimulate him to desire eucha power, The servility whicn would accord it was prevalent in degenerate Rome when that so called Republic was tottering to ‘ts fall under the despotism. of the Cesars, We must hope that it has not yet become general here, Those who ; condemn the President’s original interference in | Kellogg’s favor have even more reason for con- | demning his recent interposition. It is, at least, Having had more time and . opportunity to ascertain facts aud to consider the | question his last act must be regarded as, if pos- | sible, less excusable than the first. The desire that Kellogg may resign and submit to a fair election ts amiable; but surely no one can seriously en‘ertain a hope to that effect. | There seems, indeed, some reason to ex- pect that so many other State oftictals may resign as to reduce the personnel | of the Kellogg government to one solitary per- son—i.é., the Governor himself; and it has been Suggested that in such an event the President | would have no power to supply the necessary corps of officials. He would, indeed, have no right to supply them; but, in fact and without right, | they could be supplied by Kellogg. The President | would then possess the same constitutional power | ' to recognize by his mere sic volo and thus prac- | tically to validate that made-up goverament | which he has already twice exercised to enthrone the usurper. The only hope I can perceive for Louisiana ts that the popular will of the country, speaking through (ts eficient organ, the tnde- ; pendent press, may preval! upon the President to | Removing the impression that he is without power to correct his own mis- takes 1s the first essential step to that desirable | end. 1am, dear sir, with great respect, your obedient servant, CH. O'CONOR, THE COMPROMISE. New ORLEANS, Sept. 29, 1874. The following agreement was made and signed at two o'clock this aiternoon :— ‘The vndersigned announce the following as the result of the Conference between the committees the two politicai parties of the State of Louisiana :— First—the committee representing the conserv- ative peopie’s party pledge themselves to cause all | Vioience and Intimidation, if auy exists, to cease throughout the State and to assist the consututed authorities in maintaining peace aud insuring striculy fair and impartulal registration and elec- tion; also to discountenance acts aud threats of personal violence and ail improper infuences to controi the will of the electors and render assis | ance and use every effort to subject to the penal- violence or intimidation or conspire to do the same in order to guarantee a fair registration and | Second—Tnhere is hereby constituted and estab- | lished an advisory committee, composed of five E. A. Burke, selected by the representatives of the conservative people's party, and Messrs. S. B, Ff. Bonzano, who has oeen jointly. selected. This advisory commitiee 18 tO supervise and carry on the registration toroaghout the State on behal! of all parties to the Jull extent of suggest- ing changes In the registration officers aud the manner of conducting and carrying on the regis- tration, Governor Kellogg, in the interest of a fair and Impartial registration, of bis own accord, piedging himself to act upon the advice and sug- gestions Of the advisory committee, so long as such advice and suggestions are in consonance with apd permitted by the existing laws oi the State. Third—It is agreed that two persons shall be named by the representatives 01 the conservative people's party, who shall be elected according to jaw io aut two vacancies which shall be created by resiguation in the Returning Board within twenty days. D, F. KENNER, for the Conservative Committee of Conference. ‘A. A. ATOCHA, for the Republican Committee of Conference. PEACE IN THE PARISHES. NEW ORLEANS, Sept, 20, 1874. It is now stated that compromises will be made | in every parish in the State by the conservatives, similar to that recently effected tn Terre Bonne | parish, by dividing the offices equally between the colored republicans and white conservatives. AID TO NEW ORLEANS. NEW ORLEANS, Sept. 29, 1874, Mayor Wiltz, ina message to the City Council him by responsible parties to loan the city $1,000,000 or more on easy terms. It ts reported that the $1,000,000 tendered the | ft city belongs to the Catholtc Church of France, | Archbishop Perche, who made the offer, Says 1b 13 the money of French capitalists, THE FAMILIES OF THE KILLED. NEW ORLEANS, Sept, 29, 1874. | Six thousand persons attended a concert and fastival given to-night for the benefit of families of GENERAL EMORY AND THE IN. | SURGENTS. ees | NEW ORLEANS, Sept. 29, 1874. To tae Eprror o7 THE H&RALD > The statement of the Hon. Mr. Butler, and some of the Northern papers, that General Emory made terms, or proposed terms, to the insurgents | in New Orieans {8 without foundation, and I beg you will correct It He demanded compliance | with the terms of the proclamation, nothing more, | nothing less, and that comphance was accorded. uenerai Emory bad nothing to do with the nego- tiation which he learned when he arrived here was going on between the State government and te insurgents. You can rely iuipiicitly on the cor- Yectuess of this statement. — &. M. HAYES, Captain Fitth cavalry, Aid-de-Camp, STATEMENT OF GENERAL BUTLER. Boston, Mass., Sept. 29, 1874. | General Butler, in reply to an interviewing re- porter, thus explains his note to Governor Kels logg, recently made pubiic:— tthe tinte of the opening of Congress ta 4879, epee cEnety in Louisiana tied 4 petition lor a writ of pronibition in the Supreme Court of the United States to have Kellogg pro- hibited jrom taking possession of the goverment, | ing and with tn | Warmers | Court, which refused the writ, | Judge Duret!'s impeac | gant, and the touch pleasant and agreeable. | carefully repaired; estimates cheerfully. given. an | Send tor book | GLINES' @ | 4s firep’ | Names of the spring: and to probit, asf remember it, Judge Durel trom taking auy further steps in the matter in his Court. L was secured to appear beore the Sapreme Mont Ad COUNSel ANd Ta, AtA ATAIB.A such a | a aadmennmemeeaatht ener coat writ of pronipition. Yadvisedthe gent) plying to me that the Writ would Dot i hat Do case couid be made; that, as the matter luy, It was 4 question of law merely. I tolé thems I would take a retainer from Kellogg, who wrote me, a8 is personal triend, because | had kaowa hun, asking me on personal grounds to do so. I also recommended that Mr. Caled Cushing be employed to assist and to take the leading part ta the controversy. I was employed with Mr, Cuah- gentlemen from Louisiana who represented Mr. Kellogg. The case Was prepared and argued, and was decided by the Court as £ predicted. That, mind you, was before 1 knew there was anything going to get into Congress bout it. But wueb the affair came into Congreaa,, being convinced that there bad been no proper examination of the returns and no legal count of the canvass or votes, [made @ speech ta which £ | advised that voth elections should be set aside, General Butler further stated, “When looked over my docket, alter Congress had adjourned, I Wrote a note to Mr. Kellogg asking for ony fees And putting @ value upon my services which £ thought they deserved, He wrote a note tn reply, Saying tbat it was all a personal matter of ols OWN; that the expenses had been very heavy, and asking te {f | would consider him in the mates, and Inclosing me a check for $1,900, and tuatis cls LETTER FROM MR, CHANDLER. Boston, Sept. 29, 1874 Mr, Chandler, of New Hampshire, has written ther following letter concerning the General Butler and Caled Cusbing correspondence tcund upon the | premises of Governor Kellogg, in Louisiana, afew | days ago:— Concorn, N. H., Sept. 29, 187 Tho telegrams of ye: Upon the roboer: of Governor Keliogg’s private papers do Hot misrepresent me that lam aware of, but they @re intended to do tnjustice to other gentlemea. Ex-Governor Warmoth applied to the Supreme Court of the United States in Washingson for a writ of prohibition against 2udge Durell to stay roceedings in (Governor Kellogg's suit agalust This application, i — graated, would) have brought the whole Louis | jana case before the Supreme Court ior full and final adjudication, Senator Carpenter, | General Cushing and General Butler were tuere= jore retained as counsei for Governor Kellogg, and the first two argued the case belore the Supreme So iar irom Sena- tor Carpenter or General Butler being by tutaem- ployment as conmsel influenced as memvers of Congress tn. the political contest, botn of tyens alterwards became persistent aud conspicuous op= ponents o/ the policy of the President with reference vo the Kellogg administration and the advocaies Of an immediate new election, General Butier was also always understood to be in favor of hment. The suggestion that Attorney General Willams was mterestea and re- tained ih the Keilagg iterest 18 Knowingly false. His only connection with tae question was oiicial and disinterested, The charge against him ts characteristic ot the men who in 15s8 by bloodshed prevented any votes against Seymour and Blair, atiempted the same policy of intimidation and murder tn 1872, and now being defeated in bloody revolution the power of the Union spitetully revenge tnez selves by publisning private letiers, stolen froua Governor Kellogg during their brief usurpation. WILLIAM B. CHANDLER, THE INDIAN WAR. Private Letter fron: Captain Describing His Fight with manches. Lyman. the Co- Bostox, Mass., Sept. 29, 1874. The Advertiser will print to-morrow the follows ing extract from @ private letter, written by Captain Lyman, of the Fifth United States infan- try, who vommanded the escort that accompanied , the supply train gent to relieve General Miles ta his late expedition to Texas, The letter is duted September 14, Camp on the Wachita River, Texas:— Thad astaving fight for. three days, from the 9th to the 12th, with 400 Comanches. We made ritle pits and drove tlemaway at last. IfT had only had the Rice trowoh bayonet we would have beaten them off sooner. During the tight thirteen men belonging to the escort and trauma were killed and wounded. Lieutonant Lewis, of tne Fink intantry was badly wounded by @ shot throagh the kneepan. Twenty-seven Indians were killed. The ex- pedition was without water for torty-eight hours. Petition of the Modocs in Indian Terri- tory*The Presence of Their Brothers in Oregon Desired. NoRFOLK, Va., Sept. 29, 1874, Commissioner Smith to-day received a telegram from the Secretary of the Board of Indian Com- Misstoners saying that the Modocs of the Indian Territory petition for the removal of the remainder of their band from Oregon to the Indian Territory. Tt will require an appropriation by Congress be- fore the removal can be made. Tima de Murska to Weber. Naw Yorn, Nov. 15, 187% Dear Mr. Were— a The fame which the WEBER PIANO has amongst. European artists led me to expeet much, but your in+ struments surpass ths: expectation. Such @ pure syme pathetic musical quality of tone. so much in accord with the voice, I did not hope for. Your cases are most ele- 1 am not ying vou too high a compliment when I rank you ag. \@ lorémost Manutaeturer of the day. ILMA DE MURSKA, A.—A.—Knox’s Fall Fashion of Gentle=- Ulemen’s HATS has hit the taste of the town most em- phatically, and the demand for it at his stores, No. 212 roadway and In the Fitth Avenue Hotel, is gratitys ingly large. I¢ ts unquestionably the hat of the seasom A.—For an Elegant, Fashionable Hat of superior quality go direct to the manuiacturer, ESPENSCHKLD, U5 Nassau street A.—Rupture and Physical Deformitice successfully treated by Dr. MARSH, st No. 2 Vescy street, opposite St. Paul’s church. A.—Herald Branch Office, corner Fulton avenue and Boerum stroet. Open trom 8 A, M. to 9 P.M. On Sunday trom 3 to9 P.M. Brookiym A.=—Silk Elastic Stockings, Belts, Knee Caps, Abdominal Supporters, Suspensory Banaa, aiger Braces and Crutches, at MARSH'S Truss Office, | No.2 Vesey street Lady tn attendance. Asa Family Liniment “The Household PANACEA" ts invalnable, Immediate. relief tollowe tts use {i all cases of pain in the stomach, bowels or aido§ rheumatism, colle, colds, sprains and bruises. For (n= ternal and external use. A.—Forniture Bargains, Seo Kelty & 00.8 advertisement. A.—Since the Elastic Truss, 683 Broad- way, so oasily, effectively and permanently cures the worst Ruptures, most metallic trass dealers have vam- osed, bolted, cut, run, exhaled or “stepped. down and out” All Leaky Roofs Tin charge, ome festimomials of SLATE ROOFING made Wawrtght, or ne cular contatn ing CINK PATENT Roofs painted 0 cents a gallon. ready for use, contains no tar, ental. and wit of, Waterbrool, durable. ornal save pxpense of reshil Local’ agents wanted. COMPANY, No. 6 Cedar street, New York, Bargains in the Latest Novatties of Partor, ber, Dining Room and gS FURNI- TURE, at HERTS & CO's, Nos, 896 and 80s roadway, opposite Eleventh street. Celebrated Patent Wire Signs.#nd Po« litical Banners; omginal designers and makass, HOJER | OO. Painters, $7 Duane street. Genuine Vichy Water. Hauteriv Cele: sti, Grand Griliay, { Hopital. Bottled under the supervision of thesFrench governs ment. . For Dyspepsta, Gout, Gravel, Diabates, diseases ot the, liver, kkineys and biada © oTION. ‘nd Imfavions require that thed capsule beats the name of one of the above, named, SDFings, as Well as the yoar of the bowing. For sale by all leading retail grocers aud druggists, ang to the trade only by BOUCIEE FILS &CO., W Beaver, street, Sole Agents.far the United states, Roofing.—Asphalte Roofing Pelt Can, be applied over leaky tin, shingle and graved roots | Call and examine or send for samplesand clrealars to @. Hy MARTIN, 70 Maiden lane and No.9 Liberty. street, To avoid coumerfeit: To Mothers.—Mrs. Winslovwe’s Soothin, SIRUP for children is an old aad well vrted remedy. has stood the test of many, y Years and never Known to tai Itnot only Felieves the child from pai but invigorates the stomach, and bowels, ciyses win colle, and gives reat and healt to the child and comlors: to the mother. ‘pai The “Beebe Range.” Prices reduced—$w for the largest family size pat ap. Orders tor repairs received by m, JANLS & KIATLAND, Nos. 8, Wand [2 Reaae street. To the Pablic.<The Only Authorized, agents for te R\TENT WIR SIGNS AND. BANNERS, UPHAM & CO, “Painters ant Metal Sign Kasravers, 398 Broadway SE Ro BUISHED— BR My eb VIEW, tor Octoder, Price single copy, $1 2 TQUARTERLY RE per wnsum, $9, price poe rl ON tt r the succe Despondency, and Premature Vrs. Address (ao ‘mW East siavevty rt ful Trearmont of Weakness Nervous Exhaustion, ‘a Decline in Mauhoo u { author, De J, DE abroat, Naw York,