The New York Herald Newspaper, March 23, 1875, Page 3

AVE IMP ERATOR! Great Speech of Ante w Johnson in the Senate, THIRD TEI - The Liberties of the People and the Con- stitution Trampled Upon. THE M CONSPIRACY. oe CAESAR ALMOST ENTHRONED. —_——. Cato’s Patriotic Demand Rung in the Ears of Grant. SHERIDAN IN THE SOUTH seine hadiimaaianicad Review of His Rule in Louisiana and Mis Former Removal. A FERVENT APPEAL FOR FREEDOM. Significant Addresses of Other | Democratic Senators. WASHINGTON, March 22, 1875, The Senate witnessed to-day the unprecedented | scene in the history of the Untted States govern- ment of the appearance of an ex-l’resident, now | in the rdle of a United States Senator, in that Same arena in which he was last present by coun- wel, nine years ago, under impeachment, to an- wer before the Senate of his country for “high crimes and misdemeanors.” The event then was hardly less memoranle than the occurrence of to-day. indeed, Andrew Jolnson, Sena- tor from Teunessee, has loomed up mo less of a distinguished and vindicated personage now than he was then, a notable and Maligned Chief Magistrate, subjected to the severe ordeal of trial by the highest court of his country, | On both occasions, as an actor in the surring scenes of the Republic’s varying history, he has played leading engagements, The Chamber was filled in the lobby to-day, and also in most of the Senators’ seats, while the galleries were occupied in every available part aud crammed in the pas- Bageway, as Well as In the rear of the tler of seats, Where people usually stand up, Tne audience was of @ very respectable and apparently non-political class, a very large proportion being ladies, who evidently came to attest their pro- verbial admiration of the courageous, if not invin- cible, speaker of the day, with perhaps an over- weening curiosity to scan the man who had achieved success under almost hopeless auspices, and bad all but “picked up drowned honor by the locks.” As Mr. Johnson arose, after the Cuap- Juin’s prayer, a general leaning forward of heads ‘was apparent, while in the almost breathiess silence of the moment every eye was cen- tered upon him, Neatly attired, as 1s nis cus- tom, faultless in the regularity of his dress and firmiy planted in attitude, every deature betokening dignity and seif-possession, the latent, sad pensiveness of nis broad, humane Jace stood out in relief, softened with the humani- ties of justice, g@nerosity and forgiveness, while a | Pleasing decorum betokened all, and his voice pervaded every part o! the Senate with the clear- ness and soitness of a sliver bell. Louisiana being the theme, Of course on its merits not much thas ‘was new could be said; but the treatment of his Subject, trom the general principle laid aown by him, enabdied Mr. Johnson to digress, as ts bis Manner, and to discuss what seemed to him col- , lateral issues, Among these President Grant re- ceived lis share of treatment at the hands of Mr. Johnson, and it was pre emineutly a settling of old scores. While there was an absence of any coarse arraignment or assault politically the tell- ing innucndoes against President Grant’s weak points were powerfully made. The third term ambition of the President and his friends, his taking of presents, his directly charged faithlessness to trut!, aud then, pointedly, his usurpation of the aoverument of Louisiana, whiic the same was attempted in Arkansas, were all Joreibly hinted at or summed up explicitiy, with Buch occasional circlivgs of oratorical handling Which Mr, Jonnson can so well make that the en- tusiastic applause of the whole galleries was | suddenly culled forth, but as prompuy sup- pressed by the determined reminder of the Presi- cent pro tempore of the Senate, who cautioned the audience against Its repetition. The speech, a8 @ whole, ts regarded here, out- eide of the irlends of the administration, with great satisfaction, while among the republicans tt 4s belittied and sneered at, though a tinge of re- spect is retained for Mr. Johnson, as they say, on account of his honesty and loyalty. Jn a party point of view, neither democrats nor republicans derive any consoijation from it, and 16 may be truthiuily said that Mr. Johnson is standing sim- ply alone. During the course of his remarks Sen- ators Morton, Sherman and Boutwell bestowed upon Mr, Johnson the most respectful and conun- wed attention, wnile many of their consréeres exhibited their consideration by being absent or eugaging in passing diversions of newspaper perusal, writing, talking, joking and laughing, The democrats were & unit im the un- broken attention which they gave him, Jucge Christiancy walked about with ju- dicial bearing. Senator Gordon and = ex- ‘Representative Beck sat near approvingly, and, at the close of his discourse, the former, wita Senutor Whyte, of Mary'and, led off in congratula- tions. Senators Bogy, Withers and Randolph dollowed in briet, but well framed, argumen Senator Whyte, of Maryland, offered an amend- Ment to the substitute of Mr. Anthony, now pend- Ang, inserting the word “‘uisapprove” instead of “approve” in the resolution, upon which Mr. Anthony pertly gave notice that he would press is motion to a vote, which he hoped to get to- Muorrow early, or otherwise sit out the discussion | dato the nignt. THE PROCEEDINGS OF THE SENATE. WASHINGTON, March 22, 1875. The Senate galleries were densely crowded long Vellore tue hour of meeting, and by the ume the fenate was called to orver not even standing Too was to be obtained in the passages and door- ways, Upon the floor were a large number of Meiubers of the House of Representatives aud @uiers entitied to that privilege. Alter the reading oO the journal of Satorday’s Proceedings, Mr. BouTw (rep.) Of Mass., sup- itied # resolution providing jor the final adjourn- ment ol the Senate on the day oi Mareh, at —~ o'clock, and gave notice be would cali Mt Up as soon as the resoluuion now unJer con- Siderauion was disposed of, EX-PRESIDENT JOUNSON ON LOVISTANAS ‘The Consideration of the unfinished business, be- Img the resolution submitted by Mr, ANTHONY, (ep) Of KL, on Saturday, approving of the a tion of the Preside In protecung the govern- ent of Louisiana, of which William P. Kellogg 18 | the people of that Scate against | Executive Gemesue Vvioenc and of Pad enorcing tue ia the Vatted States in Ubat Stat , Was res anda 4ouNsoN, (dem.) of Tenn, veing entitied to fvor, spoke aa Joilow. Presipent—1 fave t u Mr. nh accustomed to jo Jor & Humber Of years, somerimes liberative bodies and sometimes belo People, vut nocwiiostanding Luis f coaiees that Lap- pear defore the Senate u great embarrassment, f that Having votained tue Noor on Saturday | Bight, avd notice having veen given tnatl should | uh uns ated morn ny, in LM presston that canuot be reansed. | wne | Y We bhvee Who wie mol acquainted | If anen an impression or such an ex- bas been raised I do not think I will justly it, and they will ve greatly disappointed when toe question was first brought betore the senate to participate in the discussion. My eotrance in the Senate was of so recent a date | and ander such peculiar circumstances that determined that | wouid bot participate in any cussion during the preseut session of the Senate; but things have taken such a direction that Lieet it incumbent on me to say something pe oceasion, It was not my intention | | mm reference to the resointion now under con- | | eideravion, And what! may say on this occasion 1 wants distinctly unuerstood grows out oi no | party bias or partisan leeling, bat it is upon the ground (hat the resolution proposes to cover acta a ures which athiuk are clearly im viela~ te the organic of the land, and without ) autoority. That vetng so, 1 cannot give my con- sent to the resoluion, aod will be compelled to vote against it, | THE QUESTION NOT LEGITIMATELY BEFORE THE i SENATE. Tthink it proper that I should give some few reasons why [ cannot give im my vote, inthe | frst piace, Mr, President, it seems to me that the ration ofa resolution embracing questions | grave importance ts not legitimately ve- body. Im otuer words, 1t 1s not legiti« wore Lot mate to consider it before a Senate convened as tus has beeu coavened, I understand toat this | penate has been convened in ektra session for the | purpose mainly OF acting Upon executive bust- | hess, notembracing questions of legisiation, but simply to act upon business pertaining to the Executive Department—the Senate —be- jog @ part the treaty-making — power, of aod also having to coufrm snd ratify or | | reject all nominations that may be made, 7 I consider the legitimate business of tne s e during this session. But it is assumed now to huve the Senate take charge of measures that | 008 10 legisiation—that look jar beyond this— | and, if it is iegiiimate to act upon the measure bow under consideration by this body, it 1s jegitimave to consider every act and every question upon which the administration bat acted simce its advent into power. Is | Would be as iegiti te offer a resolution, for mstance, proposing to express an opinion |i reverence to reducing the expenditures of the government, or with reierence te a | return to suund currency, and @ long ist of quesuons that migut be enumerated. 11 does not | seeh to ime be travelling much further | out of the record for the Executive to | come forward and presume to act im dei- | ance of the Legisiature than for tae Legislature | to come forward aud approve of the ‘of the President, Ordivary measures are presented for the consideration of Congress, aud When they are sider tueim and to approve or reject them. Neither the Senate nor the Congress of the United States can sit 10 judgment as it were upon his acts With relerence to approving or rejecting such Measures ashe may thiuk proper to act upop. ‘This Would be reversin lauion, would be reversing the whole routine of legisiauion, would be reversing the policy and ‘uciple upom which the Legisiature bas acted lor uiber O! years, Or perhaps [rom tne origin of the government autil the present time, KEMINISCENCES OF JAOKSON, We remember very weil, | presume every Senator here will remember, the famous resolutions tuat were brougut forward years age by the distin- guisnea Senator irom Kentucay, Mr. Clay, with reterence to General Jackson, the resolutions con- demuing him for removing the deposits—condemu- ing and censuriag him in stroay terms, Both houses Of Coagress were vogether sitting as the Legislative Department Of tue goverawent, and Dotwiinstanding the Semate passed those resolu- tions, it Was considered and was devermmed by the couutry aiterward tuat they were illegitimate, a3 1t Was not in the power of the dSeuate © pass upon the Executive, uniess they | Were sitting a8 @ court of tmpeachment. But | now we are called upon In the Senate to approve of the acts of tac President of the United states. ‘The natiow in reference to the resolution that was adopted condemeing General Jackson, when ne was President of the United States, and when botn houses of Congress Were in session, and when they were convened under the provisions of the constitution, and when they Were acting in their jegisiative capacity, repudiated the action of the Senate, and years alterward those resolutions were éxpunged from the journal of the Senate. Now, it seems to me tnat should settie the question most | Clearly; that we lave no authority to act upon & | Tesolution of this kind, and especiaiy so in tae absence of the owner house. ‘Tnere are many things that are as legitimate for us 10 eXpress an opinion upun a8 Upon this resolution. What does this resolution propose? It seems it has required great care to prepare it. ‘The first one introduced vy the senator irom Indiana (Mr. Morton) was drawn up in somewhat broader terms; perhaps too broad for some meinbers of the Senate to sup- port. Then the Senator irom New Jersey (Mr. Frelinghuysen) introduced a resoiution seemingly not so broad us the one introduced by the Senator irom Indiana. It seems to narrow it down lo alinost an abstract idea, bu when we come to get at It In substance the resolutions are the same, a mere mouificauion IM the matcer of verulage tO | | | | | | 1v does hot aMect the substance in the slightest |. degree. Ibis simply calling apon the Serate to ex- | press an opinion With reverence to Executive con- | duct im tue Organlsat. no! the State government Oj Louisiana ahd approve of that action, FORMER COURSE OF THE GOVERNMENT. Now the query comes up, What las been the course o1 the government with relerence to cases ol luis kind? I wulreler vo one for the sake of making an introduction to what I am guing to say. That was the case which occurrea jn 1866, | We found in the Stace of Tennessee, in the orgauis zation of ihe government there, that there was @ Goyernor elected and a Legislature elected under an amended constiiution, winca had been adopted by the people im couvention. | ‘tug Legisiature was convened, the Governor was quilified and in the discharge of his duties as Governor ol the State. Here was the Legislative Departweat, here was the bxecutive Department, Co-ordinate branches Of she government, ‘The Judicial Departiwent was also in full operation, und cach one Of these brancaes of the govern- juent moved in its appropriate sphere, and one | had no right toeucroach upon tae rigits of the over, When this Legisiature convened there 48 a difference of opinion between the Governor of the State and tne Legis. laiure, and that difference of —opiuion became almost facuous. Tie Legislature vecame reiractory and the Governor became refractory. Yue Governor undertook to control the Legisia- ture and the Legislature redused vo have @ quorum, ‘There was a contest between two de- puruaents of the government. The Governor Wanted ois policy curried out, his measures acted upon. The Legislature was opposed to them, and, | lor the purpose o. deterring tue Governor from | carrying out Bis plans, it re.used to compel a quorum to be iu attendance, and hence the con- vest and the struggle ULetween tue two. According to the consiituuou they were co- ordinate branches of the government, and one had no right to encroach upon the other. We Know that provision is made in neariy aii tue con- | stitutions, Perhaps in ail of them certain rules are laid down iu regard to the organizatien of the government, Certain rules are prescrived lor the | bxecutive Department, and certain rules are prescribed for the Legislative Departinent. THE LEGISLATURE RULES ITSELF. The Legisiature nus the power to ve tbe judge of vhe qualificauons and election of its own mem- vers. it has the right io prescribe rules jor 118 own goverament; it has the power to compei the | atiendance of absent members, thereby making inherent in that body the power to preserve is organization, and the re- sponsiwiliry to do that is with the Legisiature and not with the Executive. Heuce | to deieat some meastires that were javored and advocated by the Executive Department the Legisiature reduced its humber beiow a quorum and we struggie began. ‘The Hxecutuve uuder- | took to take charge of the Legislature, and to have the members brought in and compel them | tuact. Some of tue memoers tendered weir res- | lgbations, Which were rejected vy the Governor. | Others absented themseives or reiused to youe, and reducea toe House velow aquoram. Now, eis the precise case that you aave in Lous- mieMt aud contending members for seats in tue Legisiacure; but the main issue is between | the Logtslavure and tue Governor. 1t 1s concedea by ali Who have spoken on tne subject that che | mulilary were those obeying the behests of tue | Governor to organiz: the Legisiature, aud to o gunize the Legisature that favored him. In prine Ciple iL 18 precisely Une Sale case. | THN MILITARY IN TENNESSEE. Now What was dove in tae Case tat Ihave ree | ferred ior ‘oere Was an attempt to torce mem- | berg lo act im the Legisiature by the Governor relusiug Lo accept thelr resigaatio! it was not | tor Chem Lo organize the Legisiavare; it was not for the Governur to co tne attendauce ol avsent memoeis. The Governor applied to the molitary command ot the districts jor asoistalce «in = brloging =the fugitive ‘members buck to their seats, and the loowig correspondence took place, General ‘Thomas Was the in command of thal cepa: tment | and ae Was induced by Luc Governur to apply to | tue General of the army here at that time ior intl wry aid to aid Governor BrowaiwW to organize the Legisiature = Naguvirne, Tenn, NERAL GHANE embers of the nsclves in W very re Absenuag themselves to prevent a quor ousivucuon to busitiess she Governor cannot ina them With (he means ct his disposal aud ‘has applied Ww Div fOr WLIMAFY assistance. Shall k furuisi itt ROK He THOMAS, Major General Commanding. This despaten was sent to the Generai of the Araya laut time, andin saying viat | do hot Wish to Menilon aby Hatues. “It 13 nol My imteu- tion tu indulge 1m @ BINZIe Personal expression, but to speak Of public vets ia @ imunner tal & public Man has & Tight to speak oi tiem. ‘This despat ue secretary of War brougnt 1 to ‘the Press July 14, 1866, To Lrevren ant ( some of ihe bly conduct t iene of the United Staves, aud the ioliowing Ue Kpucch Was prepared and lorwaracd to General ‘Thomas, to wie d Gail tae atteution of the Sena Wastinoron, D. C., July 17, 1866, rent will fusiruct neral Lhomas that the ja his telegram do oot Warrant the Mmueries Ttiitary. adminisiravon of the Lawa | auc (he preservation of the peace in Nashville belong Property to (he state authorities, and the duty of tue United States authoritie: # Hot to Intertere in any way in Lie Controver the public aw rites of the Siaig, wud Gene Lo ewicUy absvan irom any laterierence veLwi THR PARALLEL CASK IN LOUISIANA, Tiere is a precise case, aud toat was tie action General ( flac is ence ob the | acted upon it is the duty of the President to cen- | suit the particular views of some individuals, and | the wuoje oruer Ol legis.‘ Here is a strugvle between the guveru- | | House of Commons, attracted puvi | the paraphernulia sustabie (o tue occasion, i Was Drought to the Seeretary of War, | | OF That subject as Lie One We have had. This resolu | | cry Was to oe raised that the Soutuern people | Irom Tennessee to inforu: the galleries that 16 18 in | civil strife~a contest between two divisions of the civil government—and Was a case as stated ID the telegram sent back to General Thomas, sim- ilar to the one im Louisiana, That despatch was signed by the Secretary of War, and was written in the presence of fhe President and sent to General Grant to send to General Thomas, He was told that this was not a cause calling for the interference of the military, and he (General ‘Thomas) should abstain irom’ interference under auy circumstances whatever. It would seein that this marks the line between the civil and military authorities, There is the prec- edent of the government in that case, und tne | | cases are almost paralic!, and that was what the | government did then, What are we told nowt We_ see, then, that the present President o1 the | United States was familar with and understood | What Was the action oi the government in cases of this kind, ‘and of the duty of the military and civil | authorities. We see, then, that the question was | not unknown to hiw, and he bas not acted with- | out proper and sufficient iniormation upon the | subject. if he bas been informed of and acted and | carried out the order or telegram that | have read, — he must have unuersiood it and have known | that it Was the true doctrine and priuciple upon | which cases of this kind shoul@be managed by the | military. GENERAL SHERIDAN’S REMOVAL IN 1867. But there is another fact or another circum. | stance in this line of thought, a great fact, as { conceive it, and that is in 1867 General Sheri- dan was in command of the Filth Military District, | as It Was called at that time. in consequence of his mismanagement of that district he proauced | so much dissatisfaction aud such was bis olmcious | interference, and such were his oppressive acts, | that there was one general wail, one unaniinous | murmur came up froin that section of the country, and tha, wes for hisremoval. He was removed jrom the’cominand, I merely refer to this fact to show that (hese parties now engaged tn tne work of usurpation, in the work of tyranny, in the work of violating the organic law ol the land, that it 18 not @ Lew thing to them, In consequence of this wail that came up from the peopie, 1t was determined by the President then that this man should be removed, and his removal was ordered. in the order dated August 26, 1867, it was stated | that Major General P. H. Sheridan will at once turn over his present command to the officer next in rank to himsell, and proceed without delay to Fort Leavenworth, Kansas, and relieve General Winileld S. Hancock, in command of the Depart- ment Of the Missouri, and General George H. Thomas will take command in Nits place. ‘This order was alterward cuanged, and Geieral Han- | cock sent to take command ol the Depart- ment 0.1 Louisiana on account of the indisposi- tion and sickness of General ‘Thomas. It will be remembered, I know, by most persons, and espe- Clally by Senators here, that wnen General Hancock | took command some of the persons who had been | removed from office by General Sheridan were re- instated, that peace and quiet were restored, gen- eral satistaction was given and General Hancock, | io ag order addressed to tue people of that State, | Tald down the true dividing line between military and civil supfemacy. JOHNSON JUSTIFIES HIS PRESIDENTIAL POLICY. When this order was made, there sprung up a controversy between the Executive and tne Gene- | ral Ol the Army, the latter protesting against the | removal of General Sheridan, saying he was a very popular man and was souowing the will of the people; buc notwithstanding this assertion, waich | Was a Were assertion, he was not relustaged, At Unat time the people of Louisiana appeared to be in a disturbed condition and most of the antagon- ism seems to haye resulted from General Shert- dan’s management. He rendered himself exceed- ingly obnoxious by the manner in which he exer- cised the powers conterred by Congress, and still | more So by resorting to authority not granted vy law, hor necessary lo itsellicicat execution. His Tule, in fact, was Oue of absolute tyranpy without | relerence vw the principles of our goversinent nor | the nature of our iree institutions. This state of aifairs, Which resulted from the course which he pursued, seriously interfered with the harmont- ous, satisiactory and speedy execution of the acts of Congress, and was suillicient to justify his removal. It, thereiore, could not be regarded as an eifort to deieat the laws of Cougress, jor the object was to facilitate their exe- cution througn an officer who nad never faiied to obey the statutes of the land and to exact within his jurisdicsion a like obedience from otners. ‘Luis was What then said to the General of the Army. Upon the transfer of General Hancock ana alver he took command of the department he 1s- sued the circalar I have alluded to, giving gen- erai sacisiaction and snowing aud acknowledging tue supremacy Oi the civil over the miitary au- thorities of the United States, Weil, then, you see how we travel in coat line. MILITARY TYRANNY AND A THIRD TERM, Now the query comes up in this distracted con- dition of affairs in Louisiana, Why 1s it? 1 ask, has this man been selected aud sent back to this peo- ple, who before condemued him and prayed ior bis removal? Why 1s it that he was sent back there ? dt was Known that he was the source of ir- ritation and dissatisiaction when he was there belore, and yet he was s¢ntugain. Ailman wuo Was obnoxious to the whole country, except a Jew persons who nay have been interested in a particular line of policy or measure or something they wanted to accumplisn, Why has he been sent there? Was it ior the purpose of irritacug tem? Was it ior the purpose of driving tne peo- | ple to acts of violence? Was it lor the purpose ot | getting up insurrections, mobs and rivts, and the were in revolt, and imthe midst of that cry aud Wwe prejudice of one part of the country being in- cited against another, to go into a Presidential election? It is very easy to see what the results would be, No, “let us have peace.” I Know the determination Oi that people. ‘ineir great object 18 to be restored back into the Union upon an equal Jooting with all the other Staves, and that is ail they desired—a fair participation in the leg- isiation Of the country. I will tell some ol those Who are acting behind the curtain and who are clinging 10 power that it cannot be obtained by | popular consent and the approval of their pubiic | acts here, We shali have a system of terrorism, and in the midst of excitement, and in the miast Oi @ War cry, they will triumphantly ride into the Presideucy lor @ toird Presidential term; aud when this shall bave been accompiisned that Will be tne end of the liberties of tuiscountry. (Ap- plause in the galleries.) the PRESIDENT pro tem. (Mr. Ferry, of Michi- | gan)—The Chair will interrere with the gentleman | Violation Of the rules of the Seuate to express ap- proval or disapproval of the proceedings ol tue Senate. ‘the Sergeant-at-Artis wil put a sufficient lurce iM the galleries to preserve order, THE UNWRITTEN CONSTITUTION, Mr. JOMNSON (resuming) said:—Yes, it Is my | honest conviction that a tuird term tor tue Presi- | dent o! the United States violates the example set by Washiugton, Wlica has become a part of the constitution by the general acquiescence and ap- proeval of the peopie, Who would look upon 11s Vio- luvion as a sacriiege. Even Washington, the Father oi His Countiy, when he served tour years, wanted to retire at the expiration of that term. He thought that thas was long enough, and his Fare- weil Adaress Was partly prepared at the end of the first Jour years; but being prevalied upon by those surrounding him on account of the peculiar conaiuon of the country to accept a second term, and on the expiration of that term terminated nis conuection with the government. TBat example has been pursued and followed ever since and has been looked upon as part of the constitution of the country, vutit is almost out of order to refer to such @ man as Washington in these times, Let us 100K at the example which he setin many things; look at the great probity of his character, We find that Washington was opposed to a third term, and set an example by serving but two. But I find another thing in regard to Washiog- ton’s character iu sustaining the morals ol the country, 10 setting the example in practice and precept, Washington received no more while he was serving the country, even in the urmy, than barely sufliced to deiray his expenses. GIFTS AND GIFT-TAKING, We find a provision contained in the constitu- tion waren declures tuat no title ot nobility saali be granted to apy ollicer of the United States, nor shall any officer fecetve any present or giit irom aby prince, potentate or foreign Power. What @ jorvanate ting it Would have been tf im the lorm- ation of the constitution, Whea our mind was directed to the viae of the voter and we were contemplating what was likely to come trom that direcuon, if in che jast clause or two, the last line or two of this section of the constitution we bad added, “or any citizen of tae Uniced States;"? for there 1s a8 much danger in gifts and presents und gratuities from citizens of the United Stares to public oficers as there is trom princes and potentutes of loregn Powers. Here itis in our midst ad get among us, and uf it had silited at this Lime lo introduce some proposition like Uhat—a resolutioa saggesting the propriety or giving It as the Semate’s opinion that the con- SULUtON OUghE Lobe amended In iMis way, 16 could be @ Subject Of important consideration about ths parueular period. (here Was a resolu ied in 1605 In Cae Louse of Commons ia reference to Ue Sp rot tai body, Sir Johu Trevai, who rose rola Ouscarity Lo be Speaker of the Britisn | atiention and oveupied @ arse space 1M the pubic miud, ane On the death of Queea Mary—Wao seemed Lo be One OF those queens Liat were beloved ana respected by the populace—he Occupied & iront rank in tue Juueral procession, beuecnea and adorned in all tn less Hab WO Weeks aiterWard the (ollow ing resolution Was adupted in the bOuy over Woick he presided :— “Keselved, That sir Jonn freval, speaker of the licuse Of Commons, jor receiving & xratdity of 1,000 CUIneus inom Lhe city oF Loudon is guilly of ® high crime.” Is guilty of a bigh crime—this WAS Wie Tesolulion abd this Was the languase they Used ID 1690, HOLWIusiauding baer Ras Been SO iwuch reierence to the corruptions of England aug the Englso goveroment, But such was their View and such Was their nm in reference to theit Speaker, Who had received 1,00 guineas ds & gratuity for bis Induence aad assistance in PASSION & DI through the Louse ior the benedt of Lhe city of Loudon, One thousaad guineas; only | $6,000! Louk around abd contemplate jor one hioment. Can we bot fad Waere the principle | could be applied ? And perhaps ie Would be as legitimace fo have @ resolution oF the coaracter under Consideration [or af expression Of opinion ton Was adu pred on tue Othol March, 16%—noW 260 | Jeurs AKO—ANd StH IE MiVes ih HINtOTY; ane, Withstauding the British goverament failed corrupt, ‘wt Was their view Of gratuities, 1 um ‘reading irom # newspaper; but you Wili ind it in Macauiay OF in the “Listory of the Speakers 01 the Louse of Commons,” jourth vol ume, (hey carried this proposition so lar that be was made to read the resviution and @id read it | and leit to the inilest, deepest extent Ris own | degradation, and When Loe resolution Was adopted | 01 Vie BYVELMUCLE Ab Was DEMOVEd bub it Wie o | Re Was Made lo wel Up wld Sead Ty Feyiativa | | says the democrais asked him to wm NEW YUKK HEKALD, TUESDAY, MARCH 23, Isi0.—rKIPLE SHEET, PAE ha Se il which condemned him. Now, this would be just | ment, we can find a parallel case, There stands { derive all their power from the people; fie fed- a8 legitimate a subject to consider here to-day as the subject we have now under consideration, We could consider just as well a resolution expreeing an opinion with reference to oficers of the Untte States receiving gilts from citizens of the United States, Why not consider a subject like that? Let the popular heart understand 1t, and lev it respond. It 1s time we turned our attention to things like this, 1 merety read thts resolution tor the purpose of making & general application to anybody woo is guilty of like conduct, Tais is what England did with one of her Speakers who had received a gratuity for aiding the corporation | of the city of London, THE REPORT OF THE SENATR COMMITTEE, Well, when we get to the Kellogg goveroment in Louisiana, what do we find there? Do we find a @ like Lhe ome call the attention of the Senate to? And tuen do we find the action to corre- spond with the course then tak’ We tind, when we get to Louisiana, that Kellogg comes in a8 Governor, and how? The committee of able gentiemen Of this Senate made a report in reference to Mr. Kellogg and in reference to the government of Louisiana. In the conciusion of tueir report they say “lt cannot be maintained that its proper exercise violates the rights of the | States, because the States have no protection or se- curity [rom traud or violence without calling upon the national government, and the governwent cannot refuse or negiect to exercise it in a proper case. The condition of tue people of Louistana 18 substantially one of anarcny, and it be- come: the duty of Congress to act in the premises.” The committee report and say that it 18 the duty of Congress to act in the premises, When we come to examine that clause of the constitution as the committee a@reue, and, 1 think, very ably, we fod that it 18 not the Executive, that it 19 ligt the Seuate, that itis not the House of Rep- resen‘atives, but that the United States shall puarantee to every State in this Union a repub- lican Jorm of government, Has tne President of the United Staes such powerr I do not understand nim to be the United States, Does that provision authorize the Executive, upon his own volition, vo go and take ones in person or by his agent— some man selected from tue army—ol the governs ment ofa Staie? No, sir, There js bo Such thing in the constitution; and the interlering in tue State of Louisiana in the taking of that govern- ment is & paipavie violation o1 the constitution of the United Stat ‘The committee in their reso- lution say : relore, your committee recom- mend the a: Resolved, That there is no State government at pres- ent existing In the State of Louisiana, There 8 no State government existing in the | State of Louisiana, hence the power of Congress. ‘The State has reached that pomt tn which she shows ver incapacity, her want of capauility to gov- ern herself, aud tae committee ably argue that it | must be a very extreme case lor even Congress to act in the matter, Ishould think (hatia a great case of emergency, when @ Siate was in avarchy and all Was confusion and disorder, there misht possibly arise a cuse in which the government of the United Stat or the United States according to tue forms of law and the constitution, migut pass upoa and save them from auarcly and disorder. But the case Must be an extreme one and tne laterierence must be well considered beiore it ts douse. THS PRESIDENT VIOLATES TELE CONSTITUTION, But how is it im this case? The President of the United States assumes to take command of the State and give these people a government. does he say himseii on that poluat’ He says in lis Mesage:—"It has been geueraliy conceded tuat Kellogg was not elected, Whether he Was or not 18 not aitogetser certain; nor is it any more certain tvat his competitor, Mr. McKnery, was chosen, The election was a gi- antic {raud, and there are uo reliable revurms, Kellogg retaimed the office, and Mcnery nas po more right to it than he has.” Here are two men competing for the Gubernatorial cuair of the State, neither entitled to it; amd if there have joption of the jollowing resolution :— | What | | dott, been gigantic frauds in the election the proceed. | ings should be looked over; but the President comes along, finds the usurper in power, and takes It upon himself to make the government of | the United States a party to this usurpation. Why, Mr. President, if this course is to be practised, and the federal government 1s going to be a p: ner to disappointed candidates for tne office of Governor o1 a State, Wwe have inaugurated a state of things which Will result in the overturow of the consti‘ution, which binds the nation togetuer, and Is the foundation of the government. A MONSTROUS USURPATION. These distinguished Senators say in thetr report that there was no governinent In Louisiana, and they reported a bill to provide for the diMculty and not toauthorize General Grant to take pos. session of Louisiana and make himself master there, Is not this monstrous? Why, the time has been in this country, and since my recollection voo, that, if an act like this, if an usurpation like this had peen attempted it would have produced a shock throughout the nation, The nation would have been indignant from one extreme to the other, and would have been ready to burl from — power the _ perpetrator of such an act. Bat now we = see things differently. We can see men come into power and exercise power not authorized by the organic law of the land. We have gone outside of the constitution in a way that will bring this gov- ernment to an end, or change its character so that its present Wi alt be lost.» What more do we flud * Lookin at General Granvs Message we find be says: sent General Sheridan tuere, as it were, to make arecounoitre—iook over the country.” Then, in the report of the Secretary of War we find a strange letter which — General Sheridan received from the Secretary of War, Mr, Jonnson here read the ievwer.of instruction which was seut to General Sheridan when he was ordered on @ Southern tour. Ke- suming he sald:—He says in the letter he con- sidered it a tour of pleasure to look after the con- dition of tae country witha retinue of oficers with their glittering swords and regalia. were to travel over the country, and let the people, the sovereigns, the workiug ana produc- ing people of the county, see them in their splen- aor as the represeutatives of General Grant in that region of the country.” Tne President says to tim, “i think the | trip South will be agreeavle to you and you can obtain a good deal of information which we might desire to learn.” It wight be agreeable to him with a siaff of officers travelling over the couatry, displaying shemselves belore the people, anu getung such iniormation as General Grant mignt waut, and I suppose to Iuanulacture public opinion if he could; and he thinks It would have a veneflcial influence on that portion of the country to see General Sheridan, the representative of the President of the United States, displaying himself all through these States. Now, what is still more remarkable i8 a telegram, dated New Orleans, January 4, 1875 (reserring to the telegram of General Sheridan as to when he took command). Here is @ bit ol special pleading, General Sheridan did not take command until aiter the organization of tne Legisiature on that day. Here the Generai takes tue responsibility for all that was done by the military on that day. He was there all the time, and I will now read nis order on taking command :— New Oatrans, Jan, 4, 1875-9 P. M, GENERAL ORDER NO. 1. Tn accordance with instructions trom the President of the United states the undersigned assumes control of the Department of the Gulf, consisting o1 the States of Louli Mississippi and the Gulf posts as far eastward as For’ Jefferson and Barancas, Florida, including the forts in Mobile Bay, which will hereaitér constitute a department in the military division of the Missouri. P, WH. SHERIDAN, ABSOLUTE AS AN EMPEROR. Resuming his argument Mr. Jonnson said, here is a General of the Army, Who 13 sent back to the people that repudiated him, with authority to go @ad look over this country and to mark himselt out an Empire, prescrive the limits of 18 govern- went or what he shali take under control. He marks out the area, He describes tue points and Jimits of his command, Ais power is as absolute as that of an Emperor. In all tnose proceed- ogs does anybody see anything of the General of the Army? Where 1s General Sherman all this time? Perhaps he may not be in accord with these proceedings, and Generai Sheridan is placed in direct coanec- uon With the President of tne United States and tne Secretary of War, and is authorized to go South, mark out his command and take charge of ut. Where is tis authortty derived irom? The President of the United States, it is true, 1s made Commander-in-Ciuiet 0. the Army and Navy; but has he a right to delegate his power of laying off aud detning districts to another at his discretion? Was there ever such an assumption of power? He immght lay off the whole Souta in one muitar, district and take charge oi it himself, Loo at tue growth of power, Look at the ad- vances WBIcO usurpation is Making, and when we come to consider caimiy and deliverately, witsout party bios or prejudice, we find that & acts are none other than taose Of usurpation an tyranny, Where does all this power come trom? Aad | might as pon What meat dota this our Cwsar teed that he is grown 30 great’ that h cao preseribe and lay gown empires and place commanvers over tuem ? 1tis time the country Was awakened and considered toese things. if 7 Xcitemenat hag been so higitin times gone by toat many things have been overlooked | think tue tive Ras arrived, and | trust the excitement has gone down and that the American people can returo to the organic iaw oi the land, It is time that the people had begua to consider and weigh weil Wuese tbings, Tue 4TH OF JANUARY. We find with reierence to tus Kellogg gov- ernment that Generai Grant says it was a gigan- uc iraud, and neither he nor McKuery was eo- bed to the office o/ Governor, but having found @ usurper i, he takes him by the nand and su: tains om. Well, we come up tothe organt don Ol Chis recent Legisiature, There seems to be a division, He says that the democrats asked jor the taterjereuce o! the military irst, and then the repuvlicans aiterward’ askea jor it. He jookS Upon it a8 a mere matter of party, not a8 @ matter of principle; but he eiere and then the repuolicans made a request, signed by filty-two, L peueve then the milcary went in teere, aod what did that miittary dor They weut tu aad, 48 Genera: Sueridan says bimeeil, Mr, Kel- log said to (he army, or to Lue muitary, pat tos Man in and pat that Man ous, and the Legisiature is wet Up by Che military at the point of the bayonet, Aud that is done under the pretence of koeping the peace. Legisiavore ts qualified and organized, surrounded by. a soldiers. That is a new Way of qualuyimg members oO. the Legisiature, and coutrary vo the genius and theory of our government, and contrary Lo the genius and theory of any iree government. Li we ok (O Lue ies Of Cromwell, when an ¢ rode tate Parhament Hall, ‘voted and myusred, aed Gre oul memvers OF the Paria features and present structure | they | The President said that | the military with bayonets, the Legisiature 18 qualitied and go into power surroundea by the May we bof well inquire What meat does th our Cwsar feed upon that ne hath grown 8 great? How has it come that all tuese thing are being enacted in this country’ In the progress OL investigation this Case gets Worse and Worse, itis a state of things that ought not to be tol+ erated, in the case of Tennessee, when tue military was forbidden to interiere, the Legis- lature got together and went on larmontously and passed laws. In this case, If there was likely to be w rot or disturbance, and they had tried to suppress it without first making application to the President of the United states, as they cun do in case of iusurrection or riot, they mizht have Resse the peace. There would fiave been no loodsted. ‘They would have managed to have Settied 16 without any difficzity. This talk about the sacrifice of lives, and the shedding of blood, throwa in simply to justly the arbitrary act that | das been practised by Lue military in Louisiana, PRINCIPLE AND THE CONSTITUTION TRAMPLED UPON. So far, then, as Louisiana is concerned, for the reasous which £ have given, | cannot regard the action of the military or of the President a8 in accordauce with the constitution. 1 cannot record my Vote ior this resoiution. I will not vote against the resolution because itis a republican | Measure, but I will vote against it on principle. ‘This resolution mentions the President tu express ab opinion favoring practices which I think are ubautiorized and unwarranted; but if we record one vote sanctioning the Presidential Interference what are we to do in other cases? Why single out this particular act and in principle sanc- tion it and pot sanction all the higa-handed measured which preceded ir, We flud another case of this Kind, wich is familtar to Senators around me, and | will ask the indulgence of the Senate while | refer to it for a iew moments. We find that General Grant issued a prociamation to the people of Arkansas on the 15th of May, 1874, Mr. Johnson read the President’s proclamation of that date, and sai What does tuat mean?—the President, in this case, recognizing in the precia- mation Baxter as being tue genuine and true Gov- ernor and the lawful authority of the Stuter How cau this beso by tne simple recogaition of the | Presideas of the United States? A DANGEROUS DOCTRINE, If these proceedings are permitted, are followed, are allowed to stand as a preceaent, it will change our own forin of government. It 1s 18 assumed by the States readmitted under the reconstruction acts, as the President assumes in bis proclama. tion, that their constitutions are to stand un- changed, immovable and unalterable for all time, Uniess it can be done by the iederal government, then our form of goverument is changed, Here 13 @ DLOW BLTUCK at One Of the tundamental principles oi the government directly. To deny the States of this Unien authority to change their fuuda- mentai law will be to subvert their government. ‘Tais priucipie 18 guaranteed by the Bill of Rights and by the constitution of the Chited dtates, and it cannot be denied by any one who has any re- gard for the rights of the States and lor constitu- onal Jaw Unat the people have a right to change, alter or to amend their form of government in their Own mode and manner within ceriain Limits. Toose limits are prescribed vy the constitution, aud are tbat it uiust be a repubitcan form of gov: | ernment. If that is so Itshould like to know Where the authority 1s to interiere with tiem. hese ideas have come from these usurpations of wwer. Let me refer again to the President's essage—“l earnestly ask that Congress suall take definite action in this matter and relieve the Executive irom acting upou questions which should be decided by the legisiative branca of tie governtiont.” THE IRON HAND CLOTIED IN SILK, A threat—tie iron hand, though clothed in ar | is laid upon us. If you don’t do so and 80 I will if toe resolution under consideration in- guired in regard to this threat; into the proposed exercise of such @ power as this, it would be more legitimate than the one now under consideration, Wiich is for its indorsement. Hence we see how ts power travels. An Empire laid off in the South, commanded by a military chief, Then we come along to the Force bill; then we come along to the indorsement by Wongress, and look- ing over these things we inquire, What lies behind all this? Don’t we see that tne change of Opinion, that the change of position, must be for some purpose? From May 16 up to the action of General Sheridan was only nine monihs. There mast be something behind all this action of the President; there must be something to-explain bis inconsistency; there Must be something that underlies all this. Force bill, with the authority to take away State governments—an arbitrary Wilitary empire lala off in the Soutn and placed under the control of a aictator—must mean something. Jook at it in the ligat of events that will transpue in the approaching Presidential election. THE EMPIKE COMING. When we have the conqueror and usurper in- Stalled inthe government and he has gone on extending his military power until he has accom- Plished his purposes, the time may come when some meimber uf the otner Hall may introduce resolutions like this:— Whercas greatdisturbances and dissattsfactto! in the country, and for the sake of preserving p harmony in the country, be it Resolved, that A. or B. Is hereby declared President, 1don’t care whether you call him monarch or | King or President, for the next Presidenual term or the Dext eight years, What would you do then ? Where is the power to preventitr Where is tue army? Where is the navy? What would you do? ‘The Impotency and the Weakness of an uuarmed people When brougatin contact with the armed We all know. We would be powerless, and I here to-day say in the presence of this Senate, aud warn the Reser against the approaching danger, | tell my country. men, Air. President, that the Empire is a@iead, and that, lustead of having a free and re- publican government, now we have a kind of government which is called @ stratocracy. 1 hold ib my hand @ book Which treats of the various kinds or governments and defines them, and after going ou aud laying dowa the three great princi- pai jorms of goverament—wmonarchy, aristocracy aud demecracy—the writer says that a govern Ment Of these three can be aivided into infinity, combining tiem all 1n different forms, and that one of the 1orms Of Lae Combination ts Called a stratoc- racy, Which 18 @ millbary goverument waere the couniry 18 raled by @ military chieliain and where the army 1s the power. hat is the government you have got now. The army 18 the power, Wo hav Gv a stratocracy, We have not got a democracy; We Have NOt Kot & repubiican Joria of government. ‘That isallthe government you have got. How Jar of is the Empire? How jar off is military des,ousm? 1 wara the peopie of my native coautry against the dangers which are coming. Many yearsagy [ warned (hem against bringing on wstriie und contest which would result in the stieuding of blood and the sacriilce of property. 1 | warned toeil against arra brother. ternal That lug brother against I warned my cuuntrymen ol tue ira- strife which I saw Was inevitavle. Warning turned out to be true. I wish I had proved a false prophet. 1 bere to-day im my place warn the people of tue United States against the en- croachments, against tue Violations and against the total disregard of the constitution of the United States. Don’t let us talk avout party; let us talk a Jiitle About the country, lor party on the one side or the Other is running this government Weil-nigh to destruction, The party bas peen Tunning this government long enough, Let the people Who compose the government run it for @ wane, LET US SAVE THE COUNTRY. The great cry now isto save the party, and if the party can be saved allis well, tne couutry may go. Let us try to save the country and pre- serve iC in iis original ferm, in its original suape | as handed down to us vy tue jounders of we Republic, | warn my countrymen here to-day against these encroachments tiat are being made | upon the constucution of their fathers, ‘The Km- pire will come if there is nota return made 1o Uhese great principles, these great truths whica are recognized 1m the constitution. I teil you tats government cuanged. It is unfortunate then that we have been divided into parties. Let us not teach @tue people opposition to the government, as nas been the case sometimes, A Great clamor is inade against the government, when itis the rulers of the government who are to biam Let us make tie proper dis.inction. The government is good enough. Tue orgauiciaw is allilgut, speaking in geneiai terms, and, if car- ried Out according Lo 118 design, would produce happiness and prosperiiy to tue peopic and result in making us the greatest goverument in ue World, We should make tue distinction betw: ‘the goverament and the administrators of the go¥- ernment. Let 08 vring the Hearts of the peop up tothe government and arouse them against the Corruption, against the proiligacy, sgainst the Usurpations of Uls administration. THE ADMINISTRATION 18 TRYING TO OVERTHROW THE GOVERNMENT. Let every efore be made to sustain the govern- ment and eject from power the corrupt aud usar ing rulers, 1do not belong to one party or au ower. Lhave certain great principles laid down for my guidance, If our principies are correct we can wever reach wrong conciusivns, The consti- tution 13 my guide, when 16 18 encroached upon, according to my judgment, with all the avility lmay pave I wil | Tesist tt and call the attention of vhe peuple to ik, So much then Jor the Louisiana portion of tue question and the Arkansas part of it, Now tt Arkatisas government is going along, out uw Co gress should have passed the Force bili there Seems to be some little doubt What government tuey would nave had there now. See we power he bas asked for, We see lim gathering power in every move. In every phase of ms administration there ts a desire to get beyond the controi of tine people, to get irom under Uke constitution, which 1s nothing more or less than the combined and ex- pressed will of the people, anu, tf 1% sail ve vio- laced, {t Will overturn the government itself, Lhea We nave reserred to tne provision 01 the coustitution which says expressly that the United states #fal guarantee to each State @ repauiican form of gov- ernment, We see, first, as we travel along in the GISCUSSLON Of tats Subject, how party Zeal aua party interests may carry us. We see tat these et- er 4 are being made and the query then comes up, meat’? We know What the consutation “roat ali powers nut deicgated to federal government are reserved to the vie or the States respectively.” t shall net dis- CUSs the question Of state sovereiguiy. [ts Oue about which there has been muco division of Rentiment, and about Wich there has beea mucn controversy, [Shall not discuss that now; but & shail pass to the point where [think sovereiguty Tesides in a free government, here we flad tuat ali power 1s derived trom the people; the people wear the crown, They are tue source of powar; Luey use (he sovereigus, ihe diate KoVeruinents Says, peo- The — We can only | overthrown and its citwracter | i intend to follow it, and | ‘Wil IS a repuvitcan form of govern | the | eral government derives all its power from tha States, or from the peopie direct. I suall not diss cuss that, but merely state that the source of | power primarily restaes in the people, and | that they, ander our form of government, can | change the constitution in the moae and manner pointed out by it. Bat these changes having been | going on gradually and by unsurpation, by are itrary measures and by the action o; the mill- tary, our form of goverument is gradually ehapg- ing: but if we still hold to our moorings an: gu back to the people, Wo are the source of power, we can remedy these insidious changes, and the time has come, Mr. President, that it is Important to discuss these fundamental princi- pies. A rigid rule must be laid down and the rulers of the country must be made to coniorm toi, I would for one make the coastitution of the country as inflexible as | A PROCRUSTEAN BEDSTEAD, The agent acting under the constitution, when | he comes into power, should be measured by tne constitution, and if be is too short let him be stretched outif it oreaks the ligaments, If he were too long I would reduce him to the dime sions of the bedstead. I would cut him oi”. We have been tn @ civii war; the public mind has been agitated; the constitution lias been violated sa | frequently by tyranny in office, trampling it under foot, that the public have become hardened to it. Toe people do iuquire whether the Legisiature | has cope so and so; but they do not | inquire whetner it has acted within the limits of its power or not, Give me the constitution of my country unimpaired, and make no change in it except tn the manner and Invde pointed out by it. Give Me back the consti- | tution you took away. Don’t give arbitrary | power, don’t give me usurpation; but give me back the constitution that was handed down to | me by our fathers. Look at the encroachments waich Bave been made on tne constitution. They are done inseusivly, and we do not take any no- tice of them at the time; but they finally under- mine the constitution and the framework of the government, These states are commouwealihs— they are sovereign in a great many of their ca- | pacities—and the Interference by the President in their government is an usurpation. | CATO TO CAESAR. | Instead of the resolution now before the Senate | 1 woul go to him with the language, if 1 was per- | mitted to prepare the resolution, that Cato osed | to the Ambassador of Cesar when the Ambassador approaciied him ang asked him Co capitulate, say- | ing that his name would be second to none but that of Cwsar, 1 would say to tuis Emperor, £ | would say to this Dictator, what Cato said to tue | Ambassador—*‘Go and tell this Emperor to dtsband | his legions and restore the liberties of the people.’? | This 1 would say to him, even as humble as I am. 1 would tell him to stop his encroachments upon the constitution and | close the gulf between the people ‘and bring.peace and prosperity to the countr: Do this and { will mount the rosirum and contrive | to gain his pardoo from the people for his vioia- | tions of the constitution of nis country and the transcendent impositions that he has practised | upon the country, ‘This, even as huimble as | am, for the sake of peace, for the sake Of concord, for | the restoration of prosperity. Iam even wilitng to mount the rostrum and strive to gain tis pare | don from an indignant peuple, You must close up the gull, restore peace and prosperity rt the | country, restore the government to what tt orig- nally was in fact and in practice. [iy is the home of the emigrant and asylum of the exile for ail | lume, GOD PRESERVE THE COUNTRY! | Letit be saved. I wouid ratier see these pillars | failagainst eacn other, 1 would ratuer see us ail wiped out of existence, than to see the constitu. tion of my country destroyed, To save tne cons | sticution 13 to save the country, and in saving the | country you will restore it to peace aud pros- perity. What does your flag indicate? What | does the flag upon the dome that daunts upon tue | preeze to-day indicate? 18 1t trae that itis the | greatemblem of ireedom? Or 1s it a talselood ? | Does not the fag represent a country of ireedont | and protection to its citizens ¥ Don’t let us con- | sider about party, but consider the country, the whole country, and nothing but th country. Let us dothis. In the language of Web- ster, let this Union be preserved, “ouc and insep- | arable; let us stand equal in the Union, all upon | @n equal footing; let peace and prosperity be | restored to the land. May God bless the country, | wn may God save the constitution! 1 know when I give utterance to this it comes from a heart tnat never peat hostile toit. Let us come up to this good work and let us forget what has been heretofore; let us lay aside our personal | differences; let us lay aside party discipline; let | us give up our parties to the constitution of our country and lay them onthe altarin deience of , the constitution. I thank you, Mr, President, and | you, Senators, for your Kind attention. (Ap- | plause tn tne galleries, which was checked by the resident pro tem.) THE T TWEED CA | ALBANY, March 22, 1875, | The Tweed habeas corpus case was called in the | Court of Appeais at a quarter to one o'clock to~ | day. Judge George F, Comstock, D. D. Field and W. O. Bartlett appearea for Tweed, and District | Attorney Phelps and Wheeler H. Peckham jor the people. | Mr. Field proceeded to open the case, stating its | history. Mr. W. 0. Bartlett followed Mr, Field, holding that the indictment was never read to Tweed, and | that one Oyer and Terminer adjourned over the | term to escape hearing it read. ‘fhe indictment contained 220 counts and occupied 1,060 pages. Alter Mr, Bartlett concladed Mr, Field contin- | ued up to the hour of adjourameat and will coa- tinue to-morrow. | Mr. Field claimed that the indictment had been | found oa the complaint of one person, and that the verdict had been altered by the Judge after it was received. fle held that the seventh count tn | the inaictment contains no charge of any offence, not even au offence against the siatute on which 1b Was jounded when the statute was in force, and yet this is one of the counts on which the sentence was specifically and numerically iw- posed. the points made by Mr. | ‘The following are Tweed’s counsel :— | First—There can be no doubt that ifthe com- mitment is not warrauted by the judgment it Tails to Show any authority jor (etatmug toe re- lator. Tweed is in the Penitentiary, and be must be discharged from imprisonment’ under that | warrant; nor can there be any doubt thatif the Court of Oyer and Terminer had Lot jurisdiction | to recetve and try an indictment for misdemeanor wituout the previous action of a committing maz- istrate or the Speciai Sessioas, or if tur any ocher reason the Oyer aud Terminer bad not jurisiie~ | uon to receive and try this tuaictment, ten the | Court Was not competent to render any judgment and was not a competeut Court in this action. If tue Court had not jurisdiction to render the judg- ment or sentence under which the relator is now | heid, then the Court was not a competeat Court. | Second—The warrant of comuauimeat directs that the relator be imprisoned in the Penitentiary of the city ot New York, ‘The jadgment direc's | that he be imprisoned in the County Jat of the city and county of New York, The burden of showing that the two places ure one rested With the respondent, and he has not yet shown tt. Thard—Ail the sentences subsequent to the first were void. | Fourti—He was not liable to conviction and Duaisument for misdemeanor under the second re- Vised statute, 696, section 38, because a special Provision had been made for the puuishmens with. | which he was caargea. | #FUth—The jury was not competens Sizth—The Court was not a competent Court to try this case or to prouounce any judgment init, | “"Seventh—When the rela‘or was tried the fourth Section of the act of April 26, 1870—that under which he was indicted—had expired, both by its repeal and by the lapse of time. Hegntn—-ine judgment of the Supreme Court | should be reversed and the reiator discharged. The following 18 & summary Of the poiuts made awainst the appeal:— This case Comes here upon error to review a Judgment of the supreme Court at a General ‘Term iu the First district upon certiorari afirm- ing a decision of the Uyer ana Terminer in the First district, dismissing a writ of habeas corpus sued out the reiator herein and remanding hitn to the Penitentiary. The first point claims the writ was properly dis- missed by the Supreme Court. The second and third points hola thas the relator cannot Luvoke the aia of the aigher courts, inasmuch Ps he has hegwcted to comply witu the requirements of tue joriy-fiith section of the act. The fourth point hoids that the Court o; Oyer and Terminer, haviag assumed jurisdiction of the case, cannot ve attacked collaterady in this proceeding. Tue tifth point poids that there Was no error in the rejec- trou of the testimony excluded by the courts on we heariwg. The other pots treat of the danger ol reviewing questions On habeas corpus proceed. ings. An old (amily quarrel, of tong standing,artsing from @ divorce oa the ground of aauitery, obtained by Captain Joba. W, Lovejoy, and his subsequent remarriage, Was hearly sevtied by the murder of the Captain by vis sons, Lorenzo and Wibiam, but forvunately, through the effects of the liquor draak to brace them up to the aeed, the tatner es. cuped unscatned, ihe youog men called atthe residence of the lather, at 38 Ten Lyck sireet, Williamsburg, on Sunday afternoon, aud aiter @ scutile Lorenzo urew # pistoi and threatened to shoot Re was thea ejected, Wiliam jollowing him, Whea the sidewalk Was reached Lorenzo again drew the Pistol and fred five times wt Mts father and then fled. AS he Has since \hreatened to shoot his father, Ne and his brother Were arrested at tea i jock last Digat by Caplata Kaiser aad officer Tuue. THE WEATHER YESTERDAY, The tollowing record will show the changes in | tue temperature for tne past twenty-four hours, mparison with the corresponding date of last ie | year, as joated by the thermometer at Hud. | huvs Phariwacy, Hewato Buluing i— dot, Ls 1874. 1875, 3 A.M. - 4h uo OAM + 4h 46 as | 9A. Mm. +45 a) |; aM, sees 12 Py Mesesecsee 43 ly | Average temperature yesterday. 193 Average toviperatacs lor corresponding date 1 doit year, ri ° + ay