The New York Herald Newspaper, December 4, 1874, Page 7

NEW YORK HERALD, FRIDAY, DECEMBER 4, 1 MMACMAHON'S MESSAGE, |°™*7770X O% SurPBoann. The French Paper of State Read to the Assembly. Peaceful at Home and Respected Abroad. — @efinitive Legislation a Constitutional Necessity. a "WAll Not “Desert the Post to th East Day.” ) Panis, Dec, 3, 1874 ‘The message of President MacMahon was de- Givered to the Assembiy this afternoon. THE Mussagz. ‘Tee Presttent says order hasbeen maintamed Mhroaghout the country. The relations with foretgn governments are on PR excellent footing. France has shown a firm determination to respect treaties and bas gained he increased confidence of her neighbors. No‘ Soreign power how donbis her desire to maintain pectic relations with ali nations. The Mnanctal position of the country has sensi- ‘Diy improved. At home, thanks to a good harvest, @gricultural production has reached an unprece- ‘dented figure. The export trade has never been so eonsiderabie as during the last four months, ‘Everything now favors the expectation that these aie satisfactory results will be at least equalled 1876, parnarivs Lagwagon AND GonsrrrumonaL sx. The #resideht insists strongly on the necessity ,Of definite legistation with regard to the constitu- ional powers, and continues as follows:— “Incessantly agitated by a propaganda of the umost pernicious doctrines, the country asks you ‘to guarantee, by measures of wise foresight, the Wegular action of the public powers during the pertod of stability which you promised France. fYou will shortly examine these grave questions ‘and aa understanding, I hope, will be arrived at. Usha. not decline any share of the responsibility “1 wish to hah ‘ow I Understand my dutied toward the Assembly and the country. I did not ‘accept: power to serve the aspirations of any party. I only pursue the work of social defence and national restoration. It 1» wmy ardent desire to have the support sof men of good will, those whose personal prefer- yences bow before the present necessities of the wacred cause of country. I claim their support 4n the name of France, whose welfare and great- mess I have alone in view. Nothing will discourage ‘qe in the accomplishment of the task. “It is my daty not to desert the post fn which you Mave placed me, to oceupy it up to the last day swith unshaken firmness and scrupulous respect or law.” ‘Can the Assembly Be Dissolved with Safety? Paris, Dec. 8, 1874 The ragical repuolican journal La République Wrangaise says the greatest confusion exists @mong the various parties in the Assembly. Both the Right and Left consider dissolution im- minent, ‘MINISTERIALISTS OPPOSED TO THE PROJECT OF A GENERAL BLECTION. La Prance believes that the idea of a renewal of ‘the Assembly py successive partial elections is gaining ground, and adds that a motion to that @ffect will shortly be introduced in the Chamber. GREAT BRITAIN AND FRANCE. Queen Victoria’s Reply to a Deputation of French Citizens. Lonpon, Dec, 8, 1874, Queen Victoria gave audience, at Windsor Castle to-day, 0 & deputation of citizens of France, who presented to Her Majesty four volumes of madresses thanking the people of Great Britain for isheir services to the sick and wounded during the Yate war. ‘The Queen replied that “the recognition of sach wervices could not fail to increase the friendly and cordial feeling between the two nations,” SPAIN. Marshal Serrano to March to the North—Carlist Caution Against Royalists. Maprn, Dec. 6, 1874. Marshal Serrano will leave this osty on Saturday mext for the North, where he goes for the purpose of airecting military operations, In the selection of bis staff particular pains were ‘taken that no one should be placed on tt who is @uspected of being a supporter of Prince Alfonso, the eon of the ex-Qneen Isabella. + CARLIQTS BEPULSED IN THE MURCIA TERRITORY. The Carlist leaders Velasco and Cucnia have un- @uceessfully attempted to enter the province of Marcia with their bands. Carlist Report of a Severe Defeat of Republican Troops. “~ LONDON, Dee, 4, 1874. A telegram from Carlist sources says General Wespujols, commanding a large body of govern- ment troops in Valencia, has been totally defeated ‘by the Carlists and obliged to retreat to Morella vwith @ loss of 600 killed and wounded and 450 prisoners, ‘COUNT VON ARNIM’S TRIAL. The Case said to be Indefinitely Postponed. Lonpow, Dec, 8, 1874. The Hamburger Borzenhalle says the trial of Count Ven Arnim has been indefinitely postponed. THE OZAR OF RUSSIA. His Majesty Among the People in the Capitol. St. PETERSBURG, Dec. 3, 1874, ‘The Czar Alexander has arrived in this city. He was present to-day at the opening of the new quay, and was received with great enthusiasm by ‘the populace, ARCTIC EXPLORATION. The Commander of the British Expedition Com- missioned. Lonpow, Dee. 8, 1874 Captain George 8. Nares, now in command of ler Majesty's snip Challenger, has been selected so command the expedition to be fitted out by Great Britain for explorations in the Arctic zegions. GERMAN EMIGRATION. cian Official Caution Against the Exodus to Brasil. BERN, Dec. 3, 1874, The Prussian government has issued a circular to the provincial authorities instructing them to most urgently caution the people against the false representation of Brazilian emigration agents, and stating that emigrants who went out under their representations convtnue to return to Ger- many in the most abiect condition Passengers from the Steamship Abbotsford De- tained in England—A Useful Hint for Amoriéan Quarantine Officers. Lonpon, Dec. 3, 1874. About 865 of the passengers of the steamship Abbotsford, who left that vessel for Liverpool be- fore it was discovered that she had smallpox on board, embarked on the American line steamer Illinots, for Philadeiphta, but their final medical j| examination proving unsatisfactory tney were again landed and are now located temporarily in the Liverpool worknouse, THR ILLINOIS TO SAIL FOR PHILADELPHIA, ‘The Ilhnois will proceed without steerage pas- sengers, THE RECT UNITED STATES CABLE, | An Effort ig LONDON, Deo. 8, 1874, The steamice Viking spoke’ the Direct Cable Company's steamers jay and Ambassador on the 26th ult., in latitude 49 deg. north, longitude 44 deg, west, All was progressing well, Telegraph Cable Extension in the West’ Indies. Havana, Deo. 8, 1874. It has been decided to lay a new cable from sfol- land Bay, Jamaica, to Cienfuegos. GARIBALDI’S PENSION. Lonpon, Dec. 4—5 A. M. Asspecial despatch to the Standard from Rome announces that the Chamber of Deputies has ‘Unanimously passed a resolution in favor of grant- ing an annuity to Garibaldi. BELGIUM. BRUsSELS, Dec. 3, 1874, M. Vermesch, formerly editor of the Pere Duch- esne, the oMeial journal of the Paris Commune, has been ordered to quit Belgium, : EGYPT. Lonpox, Deo, 3, 1874. advices from Jairo deny she truth of the report that the port of Berbera, on the African coast, was blockaded by Egyptian men-of-war. JUTE AMERICAN REVOLUTION. Phe Republic of Uruguay Said to be Convulsed— Peace in the Argentine Confederation. Baus, Brazil, Dec, 2, 1874, It is reported that a serious revolution has broken out in the Repuolic ef Uruguay, General Mitre at Peace with the Argen- tine Authorities. Banta, Dec, 2, 1874, Intelligence has been recetved here of the con- clusion of peace between the Argentine govern- Ment and General Mitre, who, witn his officers and soldiers, have been granted amnesty, THE PROVINCE OF QUEBEC. Meeting of the Legislature—Speech of the Lieutenant Governor. QuEBRO, Dec. 3, 1874. The Quebec Legiaiature assembled to-day, with the customary ceremonies. His Excellency the Lleutenant Governor delivered the following sBpeech:— Hononante GuwrLemen or tae Leaisuative Councit AND GENTLENEN OF THE LecisLative Asseuaty—I am happy to meet you again and to be able to profit by your Knowledge and experience in the consideration of im- portant oor gery wul be submit to you. Since the last session Ihave found i¢ mcumbent upon me to accept the resignation of members of the administra- tion and to intrust a new Ministry with the dtrection of the ai of the province. You will be called upon. in the int the public, to institute an inquiry in relation to the exchange of government property situated near Montreal. 4 bill severe in its enactments against bribery and corrupt practices at elections will be submitted for your consideration. The liberal policy adopted by you with regard to railroads has proauced encouraging results, and itis the intention ot the gov- ernment to continue hes in so far as the finances of the province and the rules of prudence will permit. GENTLEMEN OF THE LEGISLATIVE AssemBLY—The public accounts will be submitted to you. and you will be called upon to grant the necessary supplies. You will learn with satisfaction that, in spite ‘of the increase of expenses needed for the public wants, the state of the finances ‘will show a Cdl to be added to thatoflastyear. 1 deem it also right to eer You upon the success of the mission of the honorable the Treasurer of the Province of England. The result of that musion will be communicated to you at the proper time. HONORABLE GENTLEMEN OF THE LagisLative CounciL AND GENTLEMEN OF THE ISLATIVE ASSEMBLY—The re- turn of a large number of our countrymen, and the de- sire evinced by a still greater number to follow their ex- ample, will assured): for you a subject of rejoicing. andI have no doubt at you will give your best attention ‘to the measures submitted to you with the object of as- sisting such @ return of your countrymen, a8 also of favoring such wholesome immigration as may come to us from Europe. Relying upou re loyalty to our Gracious sovereign, and upon the patriotic feelings which animate you, I have every confidence that your labors will secure for our province an increase of Diness and prosperity. Rumored Change in the Nominations to the Dominion Parlia- ment. MONTREAL, Dec, 3, 1874. Arumor has been afloat for the past lew days of ® combination effected to unseat the Quebec Ministry and form & coalition, The following is one of the carefully drawn up PROGRAMMES OF THR NEW MINISTRY. For Provincial Secretary and Premier, Hon. H. Starnes; Attorney General, Hon. George Irving or W. Lynch; solictor General, Mr. Bachard; Commis- sioner of Agriculture, Mr. Joly or Mr. Marchand; Treasurer, Mr. Joly or Mr. Bellingham ; Speaker of the Legislative Council, Frazier De Berrie; Com- missioner of Crown Lands, Mr. Lafontaine or Mr. Gerin, ‘The nomination of candidates to represent Mon- treail Westin the Duminion Parliament took place to-day. Thomas White, of the Gazette, was nom- mated by the conservatives, and Fred. McKenzie in the interest of the government, The election will take place on the 10th inst. THE DOMINION, Response te a Ministerial Call. TORONTO, Ont., Dec. 3, 1874. The Rev, Walter Windeyer, rector of the First Reformed Episcopal church of Philadelphia, has accepted a cull to the incumbenoy of Christ church (Keiormed Episcopal), in Toronto, The Ice Melted in Welland Canal. Por? DaLHovsi®, Ont., Dec. 3, 1874, All the vessels now in Welland Canal will get bag the late warm weather having melted e 108. LOUISIANA JOCKEY CLUB. Second Day of the Winter R ing Meeting — Ballenkeel the Winner of the Orleans ftakes, Lottie Moore the Dash ef One Mile and Falmouth the ‘Two-Mile Heats. New Ontgans, Dec. 3, 1874, This was the second dav of the races of the Lousiana Jockey Club. The weather was very fine. The track was in good.condition, but the attendance was comparatively small, The first race was the Orleans Stakes, for colts and fillies three years old; $25 entrance, play or pay, with $700 added; second horse to receive $200 and the third $100, There were twenty-two nominations, two of which started, Ballenkeel and Coionel Nelligan. In the pools the former sold at $100 and the latter at $30, Ballenkeel led trom the start, winning by a bey tas ‘Time, 8:42, The second race was the Club Purse of $400, one Mile, with 100 pounds on each; three-year-olds to carry their proper weight; $300 to the first, $75 to second, $25 to third, ht horses started—vis., ttie Moore, Orown Prince, Pauline Sprague, King Amadeus, Carrie P., Mary L., Bob Britton and Tom Leathers, in the pools Lottie Moore sold at $! roe, Amadeus 80, Carrie P. and Mary L. at $85, Crown Prince at $26 and the fleld at $30, After half a dozen false starts all got of well, ruoning closely together until reaching the halt- miie pole, when Crown Prince and Pauline Sprague went to the front, closely followed by Lottie Moore, who took the lead on entering the homestrech, winning by & length, Crown Prince second, Pau- line Sprague third. Time, 1:46%. The last event of the day was the Club Purse, $700, for all ages; $550 to first, $150 to second; two-mile heats, Falmouth and ‘Planter entered, In vhe poois last night Planter was the favorite, sell! at $160 to $34 on Falmonth. Before the ra day the betting was 10 to 1 on Planter, ‘The favorite broke a fetlock before the first heat Ministry— | LOUIStANA The Significance of Judge Du- rell’s Resignation. Prostdent Grant Surprised on Receiving the Document. FUTURE TACTICS. to Have Pinchhback Scated in the Senate. Sr > Durell’s Personal Explanation of His Past Acts. - WAsHIXaTon, Dee. 8 1874. Yesterday morning there was received at the Executive Mansion from New York, a letter from E. H, Durell, the substance of which was:—“L herewith tender my resignation as District Judge ofthe Louisiana District,” The letter was unex- pected, and the President, who is often unmoved by political events, manifested some surprise at the course the Judge hati taken, But the resigna- tion was a matter of fact, and the President indt- cated that it would be the better policy not to have it known for. the present, To-day, however, the HeRaty’s New Orleans special was flashed to this city, and when the President’s private seo- retary was conirontea with the substance ol the HERALO’S News, he was constrained to adthit that it was true, and the seal of secrecy was removed. “Thereby hangs a tale.” A few days ago there was printed in these despatches a statement to the effect that the recent outrages in New Or- leans had modified the opinion of some of the members of the House Judiciary Committee to the extent that if the vote on Durell’s impeachment was to be taken over again, it would be against reporting articles of impeachment. But- ler, Wilson, White, Potter, Jewett anda Eldridge, the last three democrats, voted for; and Ceasna, Ward, Tremain, Frye and Poland 5 Lote against xoagm mending articles of impeach- E ind’s" position was a little equiv 0a}, however, ppt f_ Durell were asstfed he would not. vote for aptactmens, A friend of the Judge” hits just visited thé city to ascertain if the HEgALD’s information was correct, and in certain quarters received as- @urances that ‘Durell had nothing to fear. The Chairman of the Judiciary Com- mittee, General Butler, who takes a lively interest im the prosperity and welfare of Louisiana, gave Mr. Durell’s friena to under- stand that though Mr. Jewett had resigned his seat in Congress, the tactics of the Speaker could Dot change his determination to press the matter to a vote, and the best thing for Judge Durell was to “step down and out.” The result, it appears, was first vouchsafed to the afflicted community of New Orleans, and the name of E. H. Durell, added to that of Sherman of Ohio, Delenay of Kansas, Story of Arkansas and Busteed of Alabama, five United States DistrictJadges who have left the bench within the past eighteen monthe, The resignation of Juage Durell, however, ts of greater impor- tance than all the others, and its significance at this time cannot be overestimated. In my cor- respondence published November 22 it was stated that the President’s attention had been directed to the plan proposed by the opponents of Gover- nor Kellogg to get control of the Legislature in January next, report articles of impeachment against Kellogg and Antoine, and thereby get control of the State and make it impossible for the President to interfere save by the use of federal éroops in dispersing the new Legislature and perpetuating the Kellogg government at tne point ol the bayonet. This im- portant information was immediately telegraphed 1n full to New Orleans, and created, as has already been fully stated, the greatest excitement among all classes, The first result was the concentration in Wash- ington of the leading friends of the Kellogg govern- ment. Senator West, perhaps justly, considers himself able to take care of the affairs of his State, but for. fear he might not Attorney General Field, Appraiser Pitkin, Collector Casey and others were sent on as reinforcements. Kellogg proposed to take the fleld in person, but Jast now there is a large convocation of Masonic Commana eriea in New Orleans, and it was urged upon Kel- logg thas he.should remain to receive the distin- guished visitors and not leave them to the Lieuten- ant Governor, whose graces as a barber might not | favorably impress the Sir Knights from all parts of the United States. For this reason he remained in New Orleans, and lef, the President’s brother- 10-law to make the journey here alone. It is now in order to reiterate the statement first made in the HgRALD, and assert that the impending crisis in Louisiana is of the gravest im. portance. Between the date of the assembling of Congress and the day when the holiday recess will begin, P. B. &, Pinchback will have to be recog- nized as Senator elect from Louisiana, or on the 4th day of January next the McEnery government will be in peaceable possession of the State government of Louisiana, Until the Senate, by beating Pinchback, admits the legality of the Kellogg government, Loutsiana ts without legisla- tive recognition, The House has already recog- nized it by seating all but one member, and while heretofore Pinchback has not been seated for rea- sons of policy, the leading republican Senators now realize the importance of speedily giving him 8 seat, though he may as speedily be finssated upon charges of a personal nature. Pinchback, too, was the witness whose testimony at the coming session would Dave made Du- rell’s impeachment inevitable. The facts he could narrate would have been intolerable to the republican advocates in the House and | Senate and make the action of the administration itis eaid, appear more odious than ever. Durell has resigned, Pinchback’s secrets are safe and the effort will be made to seat him without delay. ‘This, tt ts contended, will establish the legality of the Kellogg government for ail purposes of fed- eral recognition in the event of inter- ference by the supporters of McEnery in 1872 The de facto will have be- come the de sure government, and: the results of the HERALD’s legal discussion of the President's action will be before Uongress in all their force @nd importance. But itis feared that Pinchback Cannot be seated in the first two weeks of the com- ing seasion, and while the recognition of the Kel- logg government is in doubt the McEnery govern- ment may quietly get possession of the State House, Walker Fearn Appointed to Succeed Judge Durell. New Onveans, Dec. 8, 1874, 4 The announcement that Walker Fearn had re- ceived the appointment to succeed Durell as United States District Judge of this State is ac- cepted as evidence of the President’s disposition to recognize the McEnery party. Fearn, although & relative 6f Grant by marriage, is the counsel at Washington for the McEnery party! The repub- Noans are very indignant, and expect that the Executive will withdraw all his moral support from Kellogg. Fearn has his commiasion in his Pocket, but will not accept until he consults with friends in this city. Conservatives here are anxtous for him to accept, General H. A. Morrow, who put Lieutenant Hodgson under arrest, left here to-night for Mer- Til’s district, by order of the War Deparment, it is sald, on secret business. The serious question arises, What can Congress do to disperse it? It will be for the time, it is ar- gued, as much. the de facto government as bas been that of Keliogg, andthe right of the Prosi- dent to review his own decisions may Involve both branches of Congress in the most exciting pollti- Was finished and was distanced, leaving Faimouth Wwe Winner tu one heal, ‘Time, Ui47 Moe Cal debate since the secession of the Southern | 874.-TRIPLE SHEET. members in 1860-61. Of the proposed plan of the repablican Senatorial caucus nothing can now be stated, but the gravity of the situation will be better understood when it is known that Senator Morton, into whose hands the perpetuation of the Kellogg‘ government was and is intrusted, is making all haste to reach Washington from California that he may be able to ward the frst blows of Senator Carpenter, who has been the champion of Louisi- ana’s claim in the Senate. Before assurances were received that Morton would certainly be here at the opening of Congress there was deep dis- tress in administration quarters, but now there is @ feeling of security that al’ wili go weil The accuracy of your correspondent’s. reve- lations respecting the programme of tne White Leaguers in New Orleans has been doubted, and the leading members have strenu- ously denied the story. But, since the publica- tion, the programme, if not then agreed upon, has been as strenuonsiy urged. The President did not credit she story, though hesaia ho was ready to belteve almost anything after; what occurred in. September last. | hope longer gor nor do the rorubngas ensaety who afe so Anxious to bridge” over their remtssneas heretofore. The leading or- gan ofthe “Leaguers” in New Orleans, op the 29th | ult,, even days Sfter the HERALD’s exposé under ‘the yg Pate to Restore the McEnery Govern- ment,” Onthe frst Monday tn January the Legislature of this State will assemble, being the first demo- cratéo Assembly had since the séar 1866 and the only one in which the people nave been tairly rep- resented. The country will naturally look to 1t to do a vast amount of work. But before anything: can be done in the way of legislation 1¢ will be ab- solutely necessary to adjust the executive and ine Giclal branches of the State government, How ti is to be accomplished is a question that is engag- ing public attention, To us the soiution of the dificulty is simple enough, With @ ma- Jority in the House it be very easy to organize thas branch of the Legislature thor- oughly tm the interests of the democratic party. In the Senate we have just elected eleven members, watie ten hold over who were elected two years ago, This will give us twent membere Ve thirty-six; the House can and should refuse to recognise no other Senate than the one thus cons stituted, With a majority then in voth houses a concurrent resolution could be passed in each separately, calling Jor a joint seasion for the purpose of proceeding with the count, nuncprotune, of the election 01 State officers, as required by the con- stitutton, This duty has never yet been performed by any of Kellogg’s Legisiature, from the simple fact that the returns have never been in their pos- session, ana hence it was impossible to count them. But at the next session of the Legislature these returns can be’ produced, and upon can- vassing them it willbe found that John McKner, and D. B, Penn were legally elected Governor an Lieutenant Governor of Louisiana. The Legisla- ture then will prociaim this fact and proceed forth- with to the installation of these oMcials and to act in concert with them. The returns referred to now lodge in a Baltimore bank vault, and declare {gr MoEnery, dropping Kellogg out without even the courtesy of an impeachment, Not only.ta the above quotation a synopsis of your correspondent’s first statement, but the ‘other democratic papers of New, Orleans ‘and other cities in Loutsiawa have editorially been pre- paring the way (6¥ the great coup d'état which may again require the presence of federal trvops and vessels Of War to crush. In a word, the trouble which will inevitably follow the assembling of the Loutsiana Legislature in January will be next in magnitude to that which fourteen years ago threatened a disruption of the Union. The Prest- dent ts fully aware of the situation, and with Con- gress he will piace the responsibulity of his future action, Durell’s Resignation To Be Accepted. WASHINGTON, Deo, 8, 1874, No one doubts the President will accept the re- Bignation of District Judge Durell, of Louisiana, just tendered. Mr. Durell thus terminates the proposed impeachment pending in the House Committee on the Judiciary. DURELL INTERVIEWED. /An Interview with the Judge on His Resignation—Explanation of His Pol- iley—He Disclaims All Partisanship in the Gubernatorial Trouble. Judge Durell, who is now staying at the Astor House with his friends, Mr. and Mrs. Norton and Jamily, and who intends to remain in New York during this winter, was waited upon yesterday by’ & reporter of the HERALD in reference to his resig- nauon of the office of District Judge of Louisiana, After some general conversation the Judge was asked whether it was true that he had resigned. Judge Durell replied that it was true, and said :— “Here 1s @ copy of my resignation, which I sent to the President on the evening of the ist of Decem- ber." The Judge then read aa follows:— ‘Asron Hous, Naw Yorx, Dec. 1, 1876 To rae ENT OF THR UNitED States OF Cai— Paesrv! Sir—I hereby and trom this date resign the office hold by me of District Judge of the District Court of the Unive Bates of America in abd for the District of Loals- ectiully, your ot ent ser a ret ute aie eB. DURELL. “Was this prompted by any sudden determina- tion on your part, Judge, or is it the logic of recent political events that has worked out such unex- pected action “No, sir; Ihave done this of my own free will. Ihave taken counsel with no one. It has been my desire to retire from the Bench ever since the Presidential election of 1872, but my friends urged my remaining, and I yielded to their request, I have now done what I would have done then, be- cause I think itis my duty to put myself right petore the people of the country.” “You think, then, that this step will enable you | to do that, Judge?” “| do, I have been misrepresented to the world by the press and recently by the republican party, Ihave been slandered day after eats rivate and public character has been assailed. Rave been represented a8 a partisan politician of the worst kind, aud I have been charged as bein; drunk all the days of the week, on the bench an om the bench, and of being in constant communi- cation with ‘ties who were interested in a par- ticular political policy. Now I am free, and the reticence that it was right that a judge, sworn to carry out the law, should observe will no longer control my utterances, 4 igs presume, you deny all these charges, adge, “[ do, sir, For instance, it 18 said, within the last few Gaye, pa eit sick, decrepit and incapa- citated by the codidition of my bealth tor the performance Gite Mg You can see for your- rue. self whether thi e “Your appearatice does not indicate that physi- It was cal condition, Judge. “No; that is not true in any particular. desired to make me the scapegoat of the sins of a law that the republican party had found dia not work well, 1 decline to be put in that poaition aay longer. Strange ae it may sound, Iam not a politician in the technical sense of what ia under- stood as & politician, It was my sworn duty to carry out the law whether it was a bad or a good Jaw in its working."” “You have not mixed up in politics, then, AmI to understand that, Judge?” “You are. I have had nothing todo with political matters, except when I presided over the Vonsti- tutional Convention of the state in 1864." “Do 1 understand toat you claim that all that you have done, whith has been the cause of 80 much discussion, hag been done purely and simply as the administrator of the law ?# ‘es; allow me to e: in somewhat In detail what has been Position. Congress passed, as you know, the thirteenth, fourteenth and fifteenth amendments, Afterward was brought forwar by Mr. Morton, as I anderstand, in the Unite States Senate, the Enforcement act, which in- creases the powers given to the United States Cir- cuit Court, and gave it joton both in law and equity, Now in the iail election of 1872, in Louisi. ana, was requirea to act under that statute, The United States Court has certain duties, and among others 1s that of the appointment of com- missioners to watch over aka I wes re- juired to gO over and open that c Woo of that Circuit art, he having been auth 80 to do by the smended Enforcement act, and Jt Was within his jurisdiction to require the United States Judge to perform these duties. ‘That went on and was continued until the day of election, After the polls were closed and the day of election passed away Mr. Kellogg, the repubii- can candidate for Governor, filed @ bill in Chancery, on the Ohancery side of the Circuit Court for the District of Louisiana, The object of ‘Uhis was the preservation of evidence. This bill alleged,. among other matters, thas 4 large num- ber of citizens of the State of Louisiania who had @ Tight to cast their votes at that guberna- torial election kad been excluded from vowing on account of thetr color and former condition. He stated further that the returns were held by un- lawful parties, He asked, y that the proof as to these facts might be ta! and deposited in the office of the of the Oourt, proof was to be used doe f action of the law for the office of Governor. At the same time a certified copy ofall the returns had to be taken for the office of Governor at that election. I gave ce tatn interlocutory orders for tne purpose of carry- ing out the objects of the bill, and also for the purpose of securing the evidence to be used in aby action of the law, I declared, among other things, that the State Court had deciared certain men were the returning Court, ana I followed the S@te Cours for that. And here [ stopped, Nothing more was done. Nothing elise has been done, except running a race for the Governorship, ‘As to CaRing possession of the State House, Judger" “Mr. Warmoth would aot give up the roturos, jourt by Judge | Tr Mey had obeyed orders and nanded th returns to my clerk there would have Deon ah aad 80 sae of K Enisea ‘States war, certainty, session of the cha tc i State House at returns, They ran aay with the: they have not yet been prod . Now, { abden and, they say they are in Baltimore, ‘This case Was conducted according to the proceedings in other cases, Now that is all I had to do with it,” “Neither Kellogg nor MeEnery or their part{- Freer it personal mfuence to vear upon you' “Mr. Kellogg never consulted with me about anything. I never consulted with him. During the progress of these proceedings no one commu- Ricated with me for the purpose of influencing my course except the gentlemen Of the Bar who were engaged im the argument.” Sean sont concn ia a this matter, Jodee, bas in simply the na! consequences of your ju- dicial poaition m # rage “That is all If the law worked out badly and Was @ mistake for the party, u the Enforcement act, with its amendments, were practically a mis- take, obliging me to take the declaration of a Voter that he had been prevented from casting his ballot and also to count the vote, all I can aay is that I was the administrator of the law and not the maker of it." “The law was intended to be enforced, was {t ' Dot, Judge, or it would oe ane not have become ise, “I presume 80; but tv is essy, when a law is-un- popular in the mode of its adiminisce- tion tne’ sa Pee, Be Bode ot te sda “You intend, that that be \ about cam oer Judger maser ois don “J pow 1 shall be free to express my opinioi of its policy and of those who have ren- Sheed at send & military power to en- This concluded @ pleasant talk with Hor Duretl, but 1 was evident that the Judge means to Keep on taiking to the pubiie for some yet. "ARKANSAS, Smith and Wheeler Em Route to Wash- ington—A Sheriff and His Men Engage im a Deadly Feud—One Man Killed and Three Wounded. Lrrrgs Rocx, Dec. 8, 1874, ‘The rumors of the arrest of Smith and Wheeler, current upon the streets yesteraay, proved to be entirely without foundation. Both left, ag indicated i2 @ former despatch, and are en route for Washington. The it: has been quiet to-day. Senator ‘ton and Messrs. M, Rice and R. A, Burton, attorneys for Joseph Brooks, will leave for Washington to- morrow, A bill passed the Senate by & unant- mous vote providing that the State levee bonds shall not be received in payment jor State lands, ‘These bonds were issued under the act of 1871, and were made receivable for swanip lands, Governor Garland sent a message to the Legisla- ture to-day recommending the continuation of the geological survey of the State; also the establish- ment of & Bureau of Immigration with an agency in New York, Sheriff Clay Rice, of Lincoin county, with a posse Of two citizens, in attempting to arrest one Wil- son, who had been sentenced to thirty days in the County Jail, was fred upon by Wilson and a part; Of his rien: The Sheriff revurned the fre, an after a sharp skirmish, succeeded in capturing his prisoner, 6 of the attacaing was killed Pid The Brooks Leaders Amnounced from ‘Washington. Wasuineron, Dec. 3, 187% Several members of the Brooks party in the Arkansas controversy arrived here to-night for the purpose of presenting their case to Congr ana Urging & decision as to the validity of the new constitution. OFFIOIAL- CORRUPTION IN VIOKSBURG Dishonest Officers Resign in Compliance with the Demand of Taxpayers—Re~ form Inaugurated. VroxsBURG, Miss., Dec. 8, 187% ‘The taxpayers of the city and county met at the theatre yesterday to take action in reference to the» robbertes by the county officials and the destruc- tion of the offictal books and recorty of the county. The meeting adjourned from the theatre to the Court House, where they assembled en masse, and demanded the resignations of the dis- honest officials. The Sheriffand a te of lered their resignations, but the others could not be found. The immediate cause of this move on the Bart of the taxpayers arises irom the fact that the Sherif has given no bond, and they are un- willing to pay him some erg now due, with- out a good and sufficient bon me of the other OFFICERS ARE UNDER IND) for the fraudulent issue of warrants, embezzlc- ment, &c. It is charged that the bondiess Sheri packs juries in their interest, and that the clerk of the court permits the abstraction and destruction of Papers and records containing evidence of their guul Colonel Jobn D. Baird took charge of the Sherif’s oMce, and guards were piaced around the Oourt House to prevent depredat Matters at the Court House are qutet to-day. The Board of oevtige 2 Shaye to aioe only eno members appearing, Judge Brown adjourned ti Oritminal Court until Monday, or until such time a ohne Dave @ Sneriff to perform the duties at jour’ CHEAP TRANSPORTATION. The Feeling of the Convention Adverse to Government Subsidies to Lines of Transportation — Debate Upon the Water Routes. RicHMOND, Va., Dec. 8, 1874, Inthe Cheap Transportation Vonvention to-day a bill prepared by General Dud Green, of Georgia, providing for the inauguration of a scheme of internal improvements, to be sustained by @ aystem of banking connected tnere with, was presented and referred. M. B, Lioyd, of Mlinols presented his views as to the construction of @ double track trunk raliway by the government, to secure competition in the transportation of ireights. General Frobel, of Georgta, presented a resolation looking to the establishinent and maintenance of commercial in- tercourse between the States of the Union, and to revive the commerce of the nation. 1 THE COMMITTEE ON RESOLUTIONS preenedt report based apon a resolution of Volone! Johnson, of North Carolina, in which they declare in tuvor of asking government aid in | the construction of the Southern Pacific Railroad and of the great water lines, such atd to convey the right of the goverament to control the rates of transportation over such lines, with a proviso that the government guarantees asked shall be 80 guarded as to protect the national treasury irom loss. Four members of the committee pre- sented & protest against the adoption of the report and against asking government aid in the con- struction of railroads. The report and protest brought prominently be- fore the Convention one of the most important uestions connected with the session of the association—that of government subsidies to. railroads and other lines of transpor- tation. Pending the motion to substitute the mi- nority report fer that or the majority, the ques- tion of government subsidies was discussed at length, the vote seeming to be largely in favor of the motion, Gologel qonnson, by Renn Of the Convention, withdrew hid resolution. Mr. Potter, of lowa, Offered as a substitute for the resolation of the committee in favor of the four great water routes, a proposition recommend. ing the tmm consi by Coi of the Rock Island and Hennepin Canal, The sud- stitute was debated daring the whole of the alter- noon and night sessions. The opponents of toe substitate expressed themselves as in favor of that canal, bat opposed to substituting it reat routes recommended by the Senate Com! e. The advocate of the substi- tute insisted that Cone would not do every- thing wanted, and that this was the most practi- cable. Without coming tos vote the Convention adjourned till ten o’clock to-morrow. Jhicago was unanimously selected as the place of the next annual meeting of the Convention. ROBBERIES AT A PIB, A Mob Forces Its Way Into the Build. ings—Indiscriminate Pillaging—A Citi- zen Seriously Injured—The Authorities Powerless. PoveHKEEPstE, N. Y., Dec. 3, 1874, Reports of wholesale robveries at a fire in King- sion bave reached here. The thieves first made an onslaught on @ shoe store, It seemed as if ali the roughs and thieves of the city had org: ad for the movement, The mob forced its way pell- mell mto the building, and the work of pillage commenced. An arm{ull of shoes or boots would be seized and carried out to the street, where the assortment would be carefully looked over, and if the thie! did not find what suited him he would back after another haul. A store owned by a Solomon was also broken into by the mob. Mr. Solomon mounted guard at the door, with three others, but nh was knocked dow kicked and bruised and Mr. Solomon’s goods consisted of hats, caps, trunks, &., and wore vaiued at $2,200. The mob made short work of them, and hustied every- thing out, every man running away with some- wl Some had piles of hats, others shouldered @ trunks, while @ small army went up the Bure Bw bran new travelling satchels, One man went up tho street dragging a huge trunk by one strap, Men coming from Port Ewen report mesing parties going to that place carrying new boots ant shoes stolen at the fire, One man had seventeen pairs of rubber boots, and another had seven plug hats, The Onieft Engineer, in endeavoring to put stop to the pillage, was pelted witn snow and ice, 48, Was alae @ conslable Who had made an arrest and one wounded. eS Rice one of bus Party were alse woun the doors force: 7 rN peas RIOT IN INDIAN TERRITORY, Institute it was, in fact) in — aa Serious Fight Eectween the Ress and Downing Parties—Murder by the Ross Guards and Escape of the Murdcrers— Further Trouble Imminent. Venta, I. T., Deo, 8, 1874 Information bas been received here that the Tecent murder and riot at Tahlequah was ovca- sioned by 9 wanton and cruei murder on the paré oftwo members of the mounted guards detailed by Chief William P, Ross, It seems that two of the Guards got drunk, wept down the streets fring their pistois and declaring they would kill a Down- ps man, The first one they found was working @stable, They killed him, then joined their comrades ana formed im line nese the Post OMce. Downing'y party formed farther down the street, and the parties commenced friny at each other. More than ®& hundred shots were fired, and two men were severely and several atightly wounded. The mur derers were protected in the Post Office on Sun- Guy for several hours. Noo: as them arrested, and they Analy ence eae net dpa Tho whole affair grew out of the intense bitter ‘geeling between the two factions known now as Ross and Downing partfes. intense excitement prevailed Fie, Sar informant left, ana aerions @imeulty ta lrabie.to ocour at any time. M: ‘alia, United States Indian Agent, was cal Upon to investigate the matter, but his recom- Ke lett Tanlequan auch thegusted with tus? co e le jaa ‘with the ‘con- dition of in the territory. PRISONERS BURNED TO DEATH, Cutcaao, Il., Dec. 3, 1874, The calaboose at Pontiac, ill, was burned last night. Frank and Samuel Downing, confined in eo ow for disorderiy conduct were,borned te eat AMUSEMENTS. : Steimway Hall—Miss Heilbron’s First Piano Recital. The olever young pianist, Miss Sophie Flora Heilbron, whose début in this city this fall proved ® gratilying success, commenced yesterday & series of piano recitals at Steinway Hall she Played Beethoven’s sonata, opus 27; Thaiberg’s transoription of themes from “L’Elisere a’ Amore,’ the opera written for Roncont pgerokee by Giuel @ slumber song by Schuman: opin waltz in fat, Liazt’s arrangement of Weber's ‘“Concert< stick,” the “Spring Song” from Mendelssonn’s “Songs Without Worda,” Stephen Heller’s *Taran- tella,” asalon piece by William Vincent Wallace, and an exquisite little composition of her own, “Rendoletco Capriccioso.” ‘This programme was ‘@ formidable lertaking for the young lady, yes she went through it unfalteringly and gave evi- dence of a versatility of talent that is remarkabie. There were weak points here and there, especially in Weber's great work; but tle general rendering was 8 triumph Jor the fair pianist. It woula be well, however, if Miss Hellbron would, for the future, select the smaiier hall of Steinway for her recitals: for much of her clever and artistic per- formance was lost tn the immense space of the eaeen het Only ® Rubinstein or Liszt could ail the latter. BOOTH'S THBATRE SOLD, Oliver Ames the Purchaser for $385,000. More than the average auction room throng gathered yesterday morning round the desk of Messrs. E. A. Lawrence & Co., tn the large real es tate satesroom, Trinity Buildings, No, 111 Broaa- ‘way, drawn together by the advertisement of the foreclosure sale of Edwin Booth’s Theatre prop- erty, by order of the Supreme Court. The prop- erty bas a frontage of 184 feet on Twenty-third street and 70 feet on Sixth avenue, It was sold areas to the mortgages amounting to $276,000 and interest. The first bid was by Mr. Bell, the bolder of of the mortgages, who oifered $300, A long explanation then ensued, in which the auctioneer announced that the bidding was to be a certain sum in excess of the mort gages, Upon this Mr. Bell made his bid $24,00Q, which was the equivalent of hts orga offer. Mr. Oliver Ames, of Boston, the holder of another mortgage, raised this $60,000, Mr. Bell put on an- other $10,000. The two gentlemen were the only competitors, and for half an hour the bidding was eat aud occasioned some excitement, Mr. es finally having the property knocked down to him for 000, Deduecting face of the mortgage, $276,000, this leaves the cash to be _— ou the purchase $109,000, ten per cent of which was payable xe the bage the balance on the 24 one of January next, the buyer to assume and dis- charge the mortgages. Various portions of the property are held on leases, most of which expire ay 3 the dwelling portion, occupied by A. Booth, ts leased till May, 1878. The Way to Seeure a Beautiful Skin— Use GUENN’S SULPHUR SOAP daily in your bath. It Dores so that all impurities can pass off tro throug te neat ony parte core mony” penis that fs washed, and, therefore the only part where the ima) erisiee can Work off With facility, | Sold by iste at 25c. per cake, or one bo ee CA 4, Dy mall ‘one box. three cakes). Toe, cise ON ‘CRITTENTON, iow Xi Agents wantea. An Offer Will be Received tor Two TEN CYLINDER BOK ROTARY PRESSES; WILL BE SOLD LOW. ADDRESS TUE NEW YORK begatp, A—For « First Class Dress or Business HAT go direct to the manufacturer, ESPENSCHEID, MS Nassau street, A.—Life Preservers, Brook’s Cork Sole BOOTS AND SHORS, recommended by all physiclang, Largest assortment Boots and Shoes in the city. 1196 Broadway, corner Twenty-ninth street, A-—The Enormous Fraud of Motal trusses flourishes no longer. The comfortable ELASTIO TRUSS, 683 fogs worn night and day, safely re- br A Be 8 the worst ruptures Sold very che: A.—Bargains in Fine Furs. Sealskin FURS a speciatyy. BURKE, Manufacturer, No. 214 Broadway, Park Bank Building. Dr. M. Levett, the Celebrated Dentist, of No, 53 West Twenty-sighth street, testifies to the wom derful curative properties of GILES’ LINIMENT IODIDE OF AMMONIA; 50 centsand $1 a bottle. Depot No. 46k Sixth avenue. Dr. Wistar’s Balsam of Wild Che: cures coughs, colds, hoarseness, Ao. Try it; SOc. and 8 bottle, large bottles much the cheaper. Hojer & Graham, Wire Sign Makers. Sign, Store and Office Painters. 97 Duane street. Knox's Display of Furs Embraces the richest of brown Otter, Alaska and Shetland Seal ues; Rugsian Sable, American Mink, Otter, Ly Muffs and Boas, chuidren’s Sacques at ‘ut id ladies’ and gentiemen’s Seal Caps and Gloves. Prices moderate. 212 Broadway and Avenue Hotel. Royal Havana Lottes hee beg t ected will be drawn on mber 16, 1876 I prize to7 tickets, Only 16,000 hana Prizes cashed pad filled; information furnished. Highest rates paid Mrs. ant Valley Wine Comp: Spanish hank Bills, governments, &c.. &c. cae 7 ai it Wallstreet, . ¥ ” }» Wholesome and cheap. Depot, ton street. YLOB & CO., Bankers, No. Wigs, Tow &.—G, _ Rauch: The Pie: WINES are pi pees, Practical Wig, Maker ‘and Importer of Human Hair, Ne. 44 East Tweltth street. Broadway. NEW PUBLICATIONS. A BOOK TO MAKE AN EPOCH, D. APPLETON & CO., 549 and 651 Broadway, New York, ‘al $ THE HISTORY OF THE CONFLICT RELIGION AND. SCIENCE, Author of wae Tnlincrien” fi Ee of Europe,” 1vob.12mo. Cloth. Price $1 7% pao “B: fence’ he understands merely certain ngs of Wareeels acne Petr rein rights of ry i rcondlev’ Dre er meaus the com war ti posing 8 weet ig fom of randamese ese a tal ideas which has embrotied socleuy ied to consequences. rages. and the. most. ter “the condice which he treats has been a mighty tri of humanit that has dragged patigos into. its vor! and invol th he work, though sin: i i fall tice and philagpiy ang ‘he Sscrbes ian apres ence al 7 ant manner and with dramatic effect the way ous: s thority has employed ul to "ast ‘spirit orm ves: @ secular po' rogress of knowledge pad rellg ae transtormation The decay of re conficts that rent. the Oburch, the Mohammediam, and its {ndluanes ey theology. Cae Pea: TR Cty the Apvernment of world, ay ate patiqui of the earth and ‘and te te aon C4 Latin Obristianity to modern ition, are by Dr. Draper with great skill of statement’and ot view. Whi t in his book # word of dis- respect for thing sacred, speech and a vividness of charac inching fidelity to the tacts, which show him to be in thoroazh earnest with his work. The ‘History of the Conflict Between Religion and Science’ isa fitting se- guelto the “History of the Intellectual Development of ‘urope,’ and will add to its author's already h reps tation a8,8 philosophic historlan.”—New York Tribune, October 23, sent free pal toany address in the United States on receipt of the price. ANGNGYOWOERDLA OF THE BEST THOUGHTS OF Charles Dickens, compiled by ¥. G. De Fontaine: one of the most valuable books of tna year; Indispens- able toovery lover, of jthe {85 pages; It volul se: , been” tue ea 17 Murray street, New York. —OBSERVATIONS ON DISBASES OF WOMEN.” A by Dr. Spreng, Ia! mber New York Academ: ar edn waited orien ents», Addraae ek twenty-second “This pamphlet snouid be foal by overy lady."'—Medt- cal Review. Ho EDITION. (A TREATIBK ON me daws Goverait Life, Beplenate?: of the Causes and Symptoms, with instractions for, I Treatment of Weakness, Low Spirits, Des ey. lar Debvility and ‘ematnure oe eon PRICK 9 VENTS. Addrass toe Kid No. 2 Bast sixteen Decline In Mavhgod, aucnor, Ur. & DR & CU! | stroet. New York.