The New York Herald Newspaper, October 6, 1876, Page 5

‘s FAVARNING VOICE: les O'Conor Appeals to the Republican Electors. THHCRUSADE AGAINST TWEED, A Ybute to the Fidelity of Ex- ttorney General Barlow. WH PROTECTED “THE BOSS?" Danforth Be Elected - to the Court of Appeals? E BFARL'S CANDIDACY. iz Rerosiicas Exctons oF THe State or New ORK :— ‘hon, on solicitation, in 1871 I agreed to assist in ‘turning the power which then held dominion over Je State and (New York) municipal governments, no pore was sought than my professional aid as a lawyer Bthe judicial suits and proceedings which might be- beme necessary. No action on my part in party poli- Alcs was suggestod as desirable; and, therefore, not pausing on what scomed a call of citizen duty to count what might be, to myself, the cost of performance, 1 | consented to become professional adviser in the cru- / wade then inaugurated against official wrong. My aim ‘was to benefit that whole class who bear the public burdens but are neither politicians by trade nor office holders nor office seekers. This policy has governed my conduct throughout and dictates the prosent in- Wrusion upon your notice, + Itwasin October 1871, that the Attorney General gave me complete control of the legal proceedings against tho New York city peculators, On Jsnuary 1, 1872 General Francis C. Barlow succeeded to that oilice, and on January 1, 1874 it passed into other hands. Down to the present time, however, without the slight- est interruption, I have been left m the control thus mmitted tome. The several Aitorneys Genoral, of whatever political party, have always substantially agreed with mo in opinion and a perfectly harmonious co-operation has marked all intercourse between each of thom and myself. On being invested with this authority in 1871, I immediately united with myself one democratic coun- sellor and two eminent and distinguished republicans, 5 thus, as far as in my power, entirely excluding party- politics from any influence in the prosecutions and depriving each political faction of any distinctive in- lerest in the result, A crusade against peculation by all honest men was deemed j and it was plain enough that mere faction-l would never ear- nestly serve init. The judi ion of it in the mo- tropolis, of which I took oft could not be hope- tully prosecuted before the logal courts as then consti- tuted. But my great respect for the Appeal-jadges and my unbesitating confidence in their intog- tity promised ultimate success im the pcopie’s cause, Obvious expediency induced civil suits in the name of the State; but in the two cases which were brought befero it the Court of Appeais decided that the State could not maintain any action for a remedy. These decisions are reported, {See People va, Ingersoll, 68 N. Y. R, p. 10, ana People ‘va. Fields, 58 N. Y. R, p. 491.) They were palpably erroneous in point of law, and the reasons assigned in support of them were, of course, exceed- 4) ingly feeble. Considering the well known talents and learning of the judges, doubts naturally arose whether the decisions had not originated in something else ; than mero error of judgment Scrutiny developed circumstances before unknown, Two of the judges had been greatly aided in the canvass for their seats by election returns which were false upon their face; ‘ and which came from districts notoriously under the control and management of Tweod, the chief delinquent. These returns were made, too, at atime when bis power had reached its climax. Attention was also drawn to the fact that twg others of the Judges were nearly related and were friends and inti- mates of leaders in a similar set of notorious official delinquents residing in another part of the State who could not have failed to seo in Tweed’s possible pros- tration the harbinger of their own. Thus a majority of the highest and the controiling judicial wibunal was found to occupy rather close reiations with two powerful sets of official corruptionists, Considered in connection with the extraordinary decisions above ro- ferred to, thie fact induced a belief that unicss the highest tribunal could be itself reformed, there was room for apprehension that it would not bo possible to enforce the behests of justice, The whole seven judges held thoir seats for very long terms, and but one was likely ever to go out at a time So, taking imto view that in a trie . bunal thus constituted the majority may, in gen- oral, force the minority tuto its views, thore seemed io be enthroned, in permanence, over justice and the law, with capacity to subvert both, a judicial oligarchy, And there was a perceptible tendency to use that power as a shield for the immunity of peculators, Thus far particular reference has been mado only to the suits against the delinquents of the Metropolitan City ; but other causes thau the mere similarity of their condition justified a dread amongst the whole body of official wrong-doers and jobbers in peculation, wher- exer residing or operating, that their turn was near at band, Success in the judictal remedies sought against Tweed and his city confreres would, ot course, form a Precedent for invoking a merited doom against ail others in like manner offending, , A TRIBUTE TO RX-ATTORNEY GENERAL BARLOW, The ardent reform fever which for a tew inonths of a 1871 burned vigorously in the metropolis soon abated, And, unless we except Mr. Tildon, who during the fever was elected to the Assembly, not a single member who was both capable and willing to aid tn the crasade Against peculation was elected to the Legisiature of ' ‘1872, 1873 or 1874; nor 1s thore any sufficient evidence that even one was elected to that of 1875. But, cer- tainly, one truc-hearted thorough-paced and most abie, diligent and uncompromising champion of the people’s rights was elected to an important and influential office. I mean the heroic Francis C. Burlow. He, as, Attorney General, pushed the criminal processes , \ aguinst Tweed until they had lodged that person in the Ponitentigry under a sen- tence of incarceration for twelve years, But be did much more than this; he instituted prosecu- ions on behalf of tho State against the class above alluded to, who, by way of distinction, may be styled the rurai delinquents. Among them wero that set tommonly called “the Canal Ring.’ To him belongs the honor or the shame, the profit or disadvantage, properly resulting to the originator of the call for jus- toe against that class of delinquents, In asserting this claim for him it cannot be imaginea that 1 am impotied by any party-political affiliation or by any other sentiment connected witn the faction Sights of the day. He has been from the beginning of bis career and still is intensely hostile to my political ideas, Yet I cannot withhold from him the meed of my admiration for his sincerity and his chivalrous « votion to his own cherished political sentiments, * —, erroneous as I deem them, These traits of character were proven by his gallantry on many occasions, and especially on the grand and memorable elds of Northern triumph at Antietam and Gettysburg. At each of these desperate fights be fell, in the fore front of ‘battle, oppressed with many disabling and nearly fatal wounds, This thor- * oughly pure and resolute champion of reform used his powers as Attorney General toward the completion of that flery circle wuich bad been initiated tn tho metropolis. His intent evidently was to rescue the whole State from tho dominion of official viliany. His rewards were twofold, . The loadiy proclaimed A hostility of the Cotef Judge, (seo New York Tribune April 2, 1875,) one of the four above alladed to, who was A prominent member of the demvcratic organiza- tion while his own party—the republican—on tho first opportunity, retused him « re-nomination to the office of Attorney General whch he had filled with such signal fidelity to the people’s interests The » NEW YORK HERALD. FRIDAY, OCTOBER 6, 1876.—-TRIPLE SHEET. bim to private life as one not fit to be trusted with their interests, From this episode I return to the narrative of my agency in what bas been called the reform movement. The two decisions above adverted to paralyzed all civil Proceedings in the city cases, for justice was not attain. abio through suits in the city law department Whether suits should be prosecuted in the name of the Stave or of the local municipality was a mere point of form which two or three lines of legisiation would at any moment obviate. But the Legislatures of 1872, 1873 and 1874 passed by without aflording any such re- lief; and thus the formal difficulty created by the Court of Appeais in deciding that the State could pot suc for justice still remained an insuperable barrier to its at- taimment when Mr, Til@n, an active advocate of re- form, was chosen as Governor, The faulty construction of our present highest Cour, and its constitutional unfitness to perform benoficially tne functions of a court of ulterior appeal in tbe last resort, as fully developed in the article published by Mr. A. G. Browne, Jr, im Marper’s Weekly for November 13, 1875, bad become perfectly apparent to me. As became one holding the post of assistant coun- sel against peculation and peculators 1 watched the oligarchy and did what I covid to prevent any in- crease of its power. When Mr. Tiiden was proposed for nomination a® Governor hia most active and prominent rivals were the two democratic appeal judges above alluded to, | They were both gazetted as candidates for the favor of their organization tnstead of Mr. Tilden; but that one of them who had written the first and controlling opinion tn favor of Tweed’s partner, Ingersoll (58 N. Y. Rep, p. 10) thought it expedient to publish a resignation of his pretensions in favor of the other, This ma- neuvre is fully explained in Mr, Browne’s article before cited. It was deemed an artifice; it was denounced as such and perhaps with some effect, for po appeal judge was named in the Domocratic Convention as Mr, Tilden’s rival or opponent. He was nominated ard elected. This brings us to January 1, 1975. When one full month of the logisiaty ion held in that yenr had elapsed without any action being had it seemed fit to remonstrate and! published a volume explaining the condition of things, entitied ‘*Peculation Triumphant”? A memorandum at its clove dated February 1, 1875, was soon after that dato copied into the New York Hexavp and other papers. The remedial act which that publication demanded was soon alter- ward conceded by the Logisiature almost, if not quite unanimously. Opposition to it was hardly safe. The original draft was, indeed, somewhat ‘toned down,’? from what motive I know not. (See act of March 12, Li of 1875, chapter 49.) j On the legal basis thus furnished a new basis of civil actions in the city cases was commenced. One of them has eventuated in a judgment against Tweed for more than $6,000,000, and others are procécding whilst more than $500,000 has been actually received. Suits, civil and criminal, against the rural delinquents aro pro gressing in the lower courts, and toall appearance favorably, But it is not to be overlooked that, in all theso cases, appeals lie to tho Court of Appeals; and solongas that high tribunal retains its power and sees fit to reverse no judgment in tavor of the public can ever be sustained, WHAT WAS DONE AT THE POLLS. . The question is before us whether its power {s to re- main undisturbed and also the analogous inquiry whether its policy ot protecting peculators by illegal reversals or other anjust decisions in their favor is to be sanctioned by popular approval at the polls? Let us 801 After the passage of the act of 1875, Tweed, then oc cuipying a nominal imprisonment in the Penitentiary brought his case under a habens corpus into the Court of Appeals, That tribunal in Juno 1875, unanimously discharged him, one Judge (Grover) being absent. I do not purpose here to review that decision, It is fully eriticised in Mr. Browne’s article. I will simply state, at my peril in the estimation of jurists present and fature, that if any lawyor with ordinary professional attainments, after perusing the opinion with Browne's comment on it and the authorities referred to in both, shall ever pronounce that decision sound, It will be a compliment to say of him that he is unfair, Wilfal wrong-doing may be repented of, atoned for and forgiven; but for absolute stupidity there is neither bope nor remedy. On his way to the conclusion affirmed in that case, the learaed sonior judge cited, In language the most flattering, a foronsic argument of mine on a point that it was now necessary for him to affirm. (60th N. Y. Rep., pp. 580, 651). That argument. was delivered by me in a former case which the Court decided in my favor on different grounds and without noticing this point. But my argument being in print, it was frequently afterwards addressed to this very Court of Appeals by other counsel and was by it, on every such occasion, most emphatically repudiated and condemned. One of these occasions was very shortly prior to the hearing of Tweed’s Habeas Corpus case, Besides, that repudiation was published in the regular official reports. (See Suydam vs, Smith, 52 N. ¥. Rep., p 383), Charity itself could not contrast these con- flicting decisions and avoid condemning the judges When this point of its progress in shielding peculn- tors had been reached by the Court of Appeals, the civil cases against Tweed, newly commenced for the State under the enabling act ef 1875, were pending; and a motion the most singular that can be conceived ‘was made by him in the Sapreme Court before a Judgo then recently clected on the nomination of Tammany Hall, That motion was for an order that the State be restrained from farther proceedings until the Attorney General should furnish Tweed with a bill of particuls which it was palpably impossible to frame. This mo- tion was long held under advisement, and the exist. ence of an intont to grant it was obvious. It was then deemed proper that the condition of things should be made public; and this was done over my own name in ‘a letter to Judge Davis published by the New Yorn Hxna.p and other papers on July 16, 1875, An im- peachment was hinted at for the benefit of this duatory oval judge; and a decision in favor of Tweed followed instantiy on the same day. It bad at least the merit of great boldness. By November 1875, the question came up for review in the Court of Appeals; but in the meantime Browne's full and explanatory criticism of that Court’Mfroceedings in this class of cases had been published; and, now, for the first time, the Court, so far this mere interlocutory point of practice was concerned, failed to decide in Tw favor, The City Judgo was not sustained and the suit was permitted to go on against Tweed. The result was the judgment for $6,000,000 and upwards above mentioned, . Still, it by no means follows that that judgment will pass unscathed through the Court of Appeals. Nothing in favor of its principles was de- termined in the Dill-of-particulars motion, And I hazard nothing in saying that no judgment can ever be rocovered against any of these delinquents that may not, on some technical point or pretence, be reversed with more plausibility and a greater semblatce of lawfalness and reason than any sensible and impartial lawyer can find m the judgment on Tweed’s habeas corpus. MR. GKORGE F, DANFORTIL 1 om tow brought to the precise point and motive of this address, The criticism on the Court contained in my letter to Judge Davis, produced an issue between the Court's friends and myself in which a very small number of lawyers residing in New York or Rochester came before the public m favor of the Court. Among theso was George F. Danforth, Esq., of Rochoster. He said at the time to an interviewer that ‘the law of the case, a8 laid down by the Court of Appeais, conformed to his own judgment and he believed he could say with confidence to the judgment of the members of the Bar. The Court of Appeais * * * nas never had superior inthis or wny other State. It was to be trusted, honored and sustained.” (See the Rochester Union of Jay 20, 187) id the New Yours Haenarp of July 22, 1875.) At the very next clection the repub- lean organization nominated Mr. Dantorth for Attor- ney General, # ¢, chiet prosecutor for the State against ail delinquents including Tweed. Of course it is easy to seo what would bave become of my unoilicial post, as senior assistant to the State's Attorney General in the prosecution of the New York thieves, had Mr. Danforth becn elected; bat he was notelected, At the election to occur next subsequently to (at unsuccessful effort, ¢. ¢. in Novem- ber 1876, a Judge of the Court of Appoala is to bo chosen; and, consistently adhoring to the tavor oxhib- ited to him in 1875, Mr. Danforth is again nominated for high office by the republican organization. It bas Presented him to you as its candid jor a seat in the Court of Appeals. If elected he will doubtiess be very acceptable tu his fellow-yadges; and, for the next four- teen years, he will bean administrator with them of gach justice against peculetors as is now there in fashion. Teanpot loarn that, prior to bis eloquent eutogiom wis ever nominated for a State office. He is not a man of yesterday; nor have bis unquestionably eminent gen- eral merits been recently discovered, He has long resided im the same populous city and hus maintained in active practice a conspicuously high persona! and professional character, Still, until he thus eulogized the Tweed decision, his fitness for pub- lig station had not been perceptible to any of the political managers, The newly exejted favoritism which made him thenceforth the pet of persons con- trolling republican organization, is, therefore, justly imputable to that act, Plainly bis repeated | Bominations had their origin in a desire to procure for official delinquents the benefit of such law and such Justice as aro discernible in that decision, or in other words (o perpetuate the oligarchy which is the pecula- tors’ shield. Had Mr, Danforth been nbminated but Once the act might be pronounced an oversight, and, as such, excused. But we find that, ever since his adhesion to Tweedism, certain managers in the republican organization have eagerly and Dersistently seized upon every available opportunity to nominate him for precisely those high public offices which would enable him, as sham prosecutor or partial Judge, to aid in giving immunity to peculators, Who control this movement Is unknown; but evidently the same spirit guides which repudiated Barlow tne in- domitable foe of peculation, b It is mot my present purpose to argue against this course of political action; my sole purpose is to call your attention to it, and to ascertain whether you, the republican electors of the State, are averse to the earnest prosecution of peculators and prefer that they should receive such justice as Mr. Danforth is inclined to administer in their cases. As to some agencies in the republican organization no doubt can exist. They have procured to be discarded {rom its favor tho chiv- alrous Attorney General Barlow for no other discera- ible fault than his hostility to peculators; and you canitot fail to sée that they have persistently directed the whole force of your organization to investing with authority, in such cases, one whose special and dis- tinetive merit was found im his public advocacy of the Tweed habeas corpus decision. Even if it be in the minority, the republican party embraces noarly one-half of our population and its members may justly claim respectful consideration, Among them aro nearly all the millionnaires in the State and { verily believe considerably more, in amount, than one-half of the taxpayers, These are tha classes most directly, immediately and sensibly interested’ in the suppression of official swindling, This iapparent notwithstanding the fact that the burden ta ultimately borne by that class whose names do not generally appear in tho tax lists, Asilent retiremont from the post which bas been assigned me merely because an adequately efficient spirit of hostility to peculation nay not be discernible in tho ruling parties, would bo an act of questionable propriety; but if one of these parties, i. ¢ the repub- leap, bas understandingly adopted, as its favorite can- didate for all high offices connected with the adminis- tration of justice, George F. Danforth, the champion of Tweed’s release, such retirement would be excusable. Some friends and patrons of official swindiing, though voting the democratic ticket, may erase the name of Judge Ear! from their ballots and substitute for itthat of Mr. Danforth; but it will not be difficult, after the election, to ascertain with reasonablo cer- tainty whcther the mass of republican voters have, in respect to this office, followea obsequiously their lead- ers Should they do so, 1 shall consider that peciila- tion is nut distasteful to them and shall hold myself relieved from further service in prosecuting official swindlers, Such a fact would pretty clearly indicate, as a foreordained conclusion, the ultimate defeat of all suits against peculators in the highest court, and that, too, with the full approval of a large and highly influ- ential portion of my fellow citizen: Thave deemed jt proper thus to address you, the Tepublhean electors of the State because no organ of the other party bas treated Mr, Danforth’s nomination as in any degree objectionabio on the ground here stated; and were I to remain silent most of you would probably vote without being aware of Mr. Danforth’s position. To show that no favor or antipathy to either party influences me in this step, it may be expedient to make some furtuer statements, THE DEMOCRATIC NOMINEE, Judgo Earl, the democratic nominee, bas never voted for the official swindlers or an any public manner exhibited or expressed any sympathy with them, Mr, Danforth, on the contrary, bas, in public, approved the unjust and illegal Tweed decision and in (hat pro- cise connection has highly eulogized the Court that made it. Whether, in respect to this class of cascs, Judge Earl would make a more useful officer than Mr, Danforth I will not venture to say. As one against six his single voice would not avai; and experience has shown that, in such a court, re- Jiance can rarely be placed on the fortitude of a mi- nority. Consequently the vote that may ‘be given at the poila for one or the otber of theso candidates can be regarded as material, only ina single aspect. If it shall iudicate that, by the “rank and file” in the res publican voting column, a knowg and avowed advo- cate of the Tweed habeas corpus decision is preferred for Judicial station to one on whose escutcheon no such emblazonry appears, we may regard the ultimato triumph of peculation ss assured, Stilla few words more, I have no personal focling apainst the court or any of ite members, They havo uniformly treated me with the most perfect courtesy, Except in these two casos of The State versus Inger- soll and versus Fields, my advocacy before them has been invariably attended with the most gratitying re- suits, The opinions ddlivered in those cases contained not a word that could have displeased me personally, but rather the very opposite. Besides no merit was ever claimed for devising those suits, Under existing circumstances the humbiest intellect must have perceived that a suit by the State was the only form aflording any possible hope of success. The ex- periment was, therefore, an imperative duty, for the case was not clearly against the State, is shown by tho opinions of Judge Rapallo and the Chief Judgo in its favor. The decision on Tweed’s habeas corpus was stilt more froe from anything personally unploasant, As I Had not the slightest participation in any part of what case that has been questioned, my pride of opinion could not have suffered in any event. If I had any such feeling, tho result would bave been intensely flattering to it. For want of better or higher authority the senior Judge (Alien), as before mentioned, cited as an ‘“‘ananswerable” sapport for bis judgment one of my arguments. Wus more luscious food ever tendered to the lip of self-love? The absurdity of this citation appears, to be sure, inthe fact that this ‘“upanswer- able” Jument when offered by other counsel in cases not affecting Tweed’s intereste was flatly overruled by the Court But that matter is aside from my object in this concluding explanation. The object is to show that nothing but a regard for public justice stimulated my opposition to the Court of Ap- peala That opposition could bave no private motive, It was easy to see, in advance, that it must be, in every respect, unpleasant and unprofitable to myself. 14 was from (he first, and is, in this tts probably Inst exhibition, an unavoidable sacrifice of private interest to the public weal. Weare given to anderstand that both Tweed and Woodward have been recently arrested. Perhaps they will be heid in custody until judgment on their cas by the Court of Appeals; but if that Court shall be “gustained’’ by your votes ia favor of Mr. Danforth, the uitimate triumph of these and other like pecuiators and their deliverance from legal justice may be counted upon with reasonable certainty. CHARLES O0’CONOR. Naw Yorx, Oct. 6, 1876. A RAILROAD PRESIDENT RESIGNS. Ata mecting of the Board of Directors of the New Jersey Contral Railroad, hela yosterday afternoon at tho office, No. 119 Liberty street, the president, Mr. John Taylor Johnston, resigued, and Mr. Kdward G Knight was elected to'fill the vacancy. The meeting nd fo announcement bas been hich influenced Mr. Johnston to tuke this step. It 1a supposed, however, that the em- parrassment of the corporation which Mr. Johnston has controlled for so many years must have had somo- wiade of the reasoni thing to do with it, Mr. Franklin A. Comley, of Phila- deippia, was olected a director in place of Mr. Norrie, who Perigned. Mr. Knight j# well Known in business circles in Philadelphia, and is president of the Bound Brook Railroad and of the Guarantee Trust and Safe Deposit Company of Philadelphia Much comment was excited in Wall stroct by the news, but it had little perceptible efect on the stock of the road, A REPUBLICAN BARBACUE. A grand barbacuo will bo held at Myrtle Avenue Park, Brooklyn, by the republicans, commencing October 19 and closing on tho Zist inst. Ex-Governor ili speak on the opening day and the “be. will parade. Séveral oxen and hogs will Morgal ja Bio’ managers of the republican organization consigned ; on the Tweed decision and ite makers, Me, Dantorth | roasted and pooyie will vo fod free of charue. ‘ i THE O40 PROBLEM. How Will the Buckeye State Go Next Tuesday ? THE GERMAN VOTE THE UNKNOWN QUANTITY. Collateral Issues—The Greenback—The Silver Do!lar—Colored Democrats. OF REVIVAL REPUBLICAN —_—————— The Tendency in Presidential Years to In- crease Republican Majorities. CONFIDENCE. An Interview with Ex-Governor Jacob D. Cox. Torxvo, Oct 2, 1876. Agreat change is visible in the republican canvass in Obio, a more vigorous effort being the result of an alarm sounded by Mr. Blaine and other party leadors, who were astonished on their arrival in tho State to find their brothren so CARELKSSLY CONFIDENT. T am told that Mr. Biaine, at Cleveland, when he came to find the stinted allowance of campaign money doled out to Obio expressed great indignation at the niggard policy of the National Committee. Under the pressure of this alarm the campaiga bas taken a fresh aud vig- orous departure, The sinews of war have beon sup- pled and hundreds of orators have poured across the borders from Indiana and ‘elsewhere. It is evident that the republican canvass hi nits weakest, Tho signs of tmprovement are encouraging to the most sceptical ard least sanguine ot the party, Men who a week ago feared the State was lost to them, aro satis- fled that SUCCKSS 13 WITHIN RECOVERY. This better feeling 1s strengthened by reports from many districts like the Eighteenth or Oberlin d{striet, where the reprobation of the democratic policy manifested in the Forty-fourth Congress, “with its filty-four rebel brigadiors,’? will lead, to increased majorities, the people of these districts being vasily influenced into war time republicanism by Ben Hill’s spoech and like fuel, which has been carefully distributed by the docu- mont disseminators, Again, there is a positive disit tor Mr, Tilden entertained by many democrats and lukewarm feeling only felt for him by others, while it is tho impression that bis cause is much weaker than it was a.month ago. This slackening of the dethocratic Presidential canvass will bave its effect upon the State election and reduce Bell’s chances. All of which amounts to an admission on tho part ‘of tho republicans that ther side has in- herent weakness so far og tho State ticket goes, When inquiry was made as to the origin of this woakness, answer was made that at the State Convention the conviction was so strong that Haye nomination for President had insured the State elec- tion that no unusual effort was thought necessary, and hence, when making up the ticket the Secrotary of State was g'ven to the eastern section, Colonel MILTON BARNES was put forwacd by his neighbors and nominated. His crusading and anti-secret society record was not takon into consideration oven if it.were known to the Con- vention, which most likely it was not. Besides, the interest in Congressmen is groater than in Secretary of State, and the nomination of Barnes was a matter ot form with most of the delegates. People in large cities hke New York can hardly realize tho oxcitement attending tho ejection of a Congressman in the rural districts, The candidate for Congress in the country portion of Ohio is as much in everybody's eye und ear and thought as your candidate for Mayor. He has to work for his election, and hard at that. Your city Congressman is probably not seen by oneina hundred of bis constituents. Byt the ruraf Congressman rust talk to and beseen by overy one of them, and hence he spends every day and night in the hustings for a mouth before election, In view of the oversight made in the selection of Barnes for the ro- publican candidate the vote for the twenty Congress. men of Onlo will boa better indication of the popular sentiment than the vote for Secretary of State. For instance, in the tidal wave of 1874 the democrats elected their thirteen Congressmen by a majority of nearly 24,000 over tho seven republican Congressmen, while the democratic majority for Secretary of Sia was only about 17,000—a difference of 7,000. The voto for Congressmen was evidently the more reliable indox of the extent of the ‘tidal wave.” Soat tho = CRISIS OF OHIO POLITICS, and cepecially as there is a month in which to get at the fifll returns before the Prosidential election comes off, it is fairer to get at Obio’s verdict through her vote for her twenty Congressmen than through the. vote for State Secretary. In pursuance of a pian to ascertain tho rclative strength of parties in Ohio sug- gested by this relation of the vote for Congressmen to || the popular vote of the State, I made a trip through the principal Congressional districts, bending my course first in tne direction of the Ashtabula (accent on the “u’’) region, which comprises General Garileid’s disirict—the one made famous by that gentleman and by his predecessor, Joshua R. Giddings—and also one watch, in the contest last year for Governor gave Hayes the overwhelming majority of 10,000. When it ig remembered that his majority (or plurality, to be exact,) Was only 6,500in the whole State, the importance of this district to the republicans ts manifest. Indeed, id r Hayes had last year every adjunct o: cess in his favor, it 1s no wonder that the democrats bo- heve they can carry the State for Bell asagainat Barnes on Tuesday week. But the strength of this great dis trict 18 also ITS WEAKNESS, for the republicans have quarrelled over their Con- gressional nomination and have put two candidates ip the field. Now as Barnes needs every vote that Hayes got last year, any Joss ho may sufter in this district is evidently serious, and the distraction of the party over their two candidates for Congress ought to imjure him more or less. lt is true the democrats have made no nomination from their own party for Congress. They indorsed the anti-Garfield independent republican nominee, General John 8, Casement, and are lighting desperately defeat Gartield with him. The charge was mado jartield that bh riet, which preserve,” and it was Ume for him In default of bis doing so an independent to retire, republican Was nominated, the choice falling upon Gen- eral Casement, politiolan, Jack’? Casement came to the county @ poor oy twenty-five years ago, went into railroading, gota contract to build a part of the Lake Sbore Road, made mouey, got more coutracts and became quite wealthy, although according to the gossip of bis neighbors, he has lost heavily in the Canada Southern enterpriso, Mr. Daniel Drew's untorwunate speculations o. Jack” has a magnificent house, which with its surrounding grounds is lighted by natural ga found on the premises. He is generous to no oue in distress ever went away irom his door ompty handed, His rollickiug manner 18 the outcome of a lib- eral spirit. He went through the war, rising toe the rank of brevet brigadier, whence bis title of | “GENERAL JACK, '? In the liberal movement he camo out for Greoloy, wing the way for his preseat nomination, although e insists ho hag not the republican party. Iiound him at Vainaviile, the headquarters of hit and alter making known tho object of my call was quite taken aback by the bluntness if not frankness with which he said :— “Din a poor hand to toll anything, You can’t prove anything by me. 1 am makiag o little canvass of my own ona do not go out of the district. I can’t tell by the newspapers which side is doing best or is They see everything through party “Then you have made no estimate of the probable result of the State election ?’” “Ob! L think it will be ciose, with a little percentage in favor of Barnes.’’ “Would you specify about the majority ?”” “Tt will range from 500 to 4,000 for the republican ticket. That is "my candid opinion. I am only a barometer; I have no judgment about the matter. I woulda’t be tho worst disappointed man, if Barnes weren’t elected.” Do you mean by disappointed all that the word im. plies?” L asked in some surprise, “Yes, Barnes’ nomination doesn’t mean anything. I think Hayes will carry Ohio. Ido not think the State canvase will be a real or clear index to the Pi dential election. ”” A “And you are confident of beating General Gar- jeld #7 “Of course Lam. Just think, Garfleld was electea only 2,000, while the district went 10,000 for Hayes, the per don’s want him any more,’? And here he showed me the platform of tho inde- peudouis chatcipa Goutral Garfield with @ hoss of haractor”? in his own way, if no , 5 crimes, inciuding the salary grab; Crédit Mobilier and the Washington paving job. But nis greatest offence was his vole against the remonetization of the silver dollar, which, quoting Carlyle, he had pronounced a movetent in behalf of “cheap and nasty” curren the silver doilar ey contend that i iver dollar now for legal tender would swindle the creditor class out of one-fifth of their honest due, as General Garield has said, the con- Verse proposition must be true, that when Congress in 1875 abolished the silver doilar it added one-fourth to the burdens of the debtor class. If it is an outrage one way it Was a greater outrage the other way.”” “Do you arraign General Gurfeld for his connection rie the party in Congress who repealed the silver dol- r law ‘e don’t know that he was privy to tho matter. We arraign him for refusing to resiure the silver dol- lar so its former place.”” A “Do you think your division in this district will weaken the republican State ticket 1’? Not avail, My republican supporters are all work: ing tor Barnes and will vote for Hayes. Possibly the hine—but, no, so faras lam aware there can be no diversion of votes from P. Itis but proper to add that elected in 1874 by a plurality of 6,31 cratic opponent and by a majority o: MIs COMPETITORS, who, in addition to the democrats, comprised an ia- dependent republican and a temperance candidate. Going out among “Jack's” neighbors 1 inquired of the democrats what was likely to be the effect of bis candidacy upon their party. Would it help Bell, &c.? 00 2, 500 over all Une venerable old fellow assured me with gieo that the republican split had “shook up the republicans worso than anything thai had happened to them in a good while,’ more conservative of them thought the that it would hurt Barnes, but not much. All the candidates were of one ballot, ‘and it might be troublesome to pul on @ “paster,” so that where a democrat was very anxious to vote for Gen- etal Casement and was not careful about the rest of the names he might get a Barnes ticket in the box. But this was only speculation, Such was the report from the Nineteenth district, Going westward, the next district {s the Twentieth, made up exclusively of the one county of Cuyahoga, which contains the rapidly growing city of Cleveland, This, an always republican district until the “tidal Wave,’’ 18 represented by Mr. Henry B. Payne, a wealthy resident of Cievoland, author of the “Com- promise” Currency bill of last session, and sometimes Spoken of as THE “DARK HORSE” in the St, Louis Presidential race. A hard money man at.the start, be solar modified his views toward the close of Congress that he voted Jor the repeal oi: tho date in the Resumption law, He. was swept into Con- gress two years ago by a majority of 2,500, owing to the disgust of the Germans of Cleveland with the cru- wading movement; but in the reaction las, year Gov- ernor Hayes carrted tho same district by 6,000, Mr. Payne was renominated, but only after consider- able persuasion consented to stand, the chavces being ninety-nine in a hundred not only that he would be beaten, but that he would be defeated by 2,000 or 4,000, Hore, again, we see how precarious are the chances of the republicans for carrying the State election. ‘This district lavt year gave Governor Hayes just about bis majority, Supposing, now, shat the rest of the State remajna evenly balanced, the republicans must carry Cuyahoga by at least 6,500 to sustain their position, But this they are most unlikely todo. Last year they had everything im their favor, including yhe German vote of Cleveland, which had been won back to them. ‘This year the Germans are inecnsed at Burnes for his connection with the crusaders, and they are marshalled 1n opposition to the republican ticket by ex-Lieutenant Governor Miller, whose going over to the epemy, alter an administration of two years under Governor Noye: astounded Ohio as much as would the turning of Gov- ernor Hayes himself, Henco the German vote of Cleveland 18 going to be divided, to say the least of 1t, and the republican majority of 6,000 tor Hayes 18 cer- tain to fali to something like 2,500 for Barnes. But as between Payne and his opponent, Mr. Amos Towns- end, the flifflerence is going to be greater, Townsend being quite sate t ‘him 8,500 to 4,000 votes 10 THR RACK YOR CONGRESS, ‘The republican nominee will poll the strength of his party and get a good many votes which were cast two years ago jor Payne. Cleveland bas a great many Wealthy men who Would just as soon vote lor oue side as the other if the candidate were s0- cially acceptable, which Mr. Payne was. But tho hard mouvey element has been disap- pointed io Mr. Payne, in go far as he voted Jor the repeal of the resumption date, and they will this year espouse tho cause of Mr. Townsend, wlio is a “solid” wholesale merchant and an energetic busiaess man, A republican from the start, he bas his office chimney adorned with the famous words of Abraham Lincoln ;—“With malice toward none, with charity for all.” But tho persistent nomination of Payne was mado by the domocrats with ulterior purposes, Not- withstanding his record on the resumplpa question, he 18 known to be « bondbolder of many corporations and a siockholder in several moueyed and other institutions to an extent that cannot but make him a formidai rival of Townsend for the bard wovey vote. Aud i, in such points as these that the democrasic managers have shown their shrewdness, We have alroady sven that in the S2venteenth district, where the *green- backers"? prevail, they have nominated a soft money man and encouraged at the same time the Cooper move- ment in favor ol u republican independent. But here in Cleveland, where the rich men and the Germans pre- dominate, with hard money ideas, they have nomi. nated a small Crovsus, There aro, it 18 tras 1,500 greenback meu in the aii made up about equally from both parties, and are standing together pretty closely, so that they are not likely to vary Townsend’s majority, wuatever it may be. ‘The democrats have not been so successful ia the Sixth district in this strategy of turning THK GRKENBACK VOTR against tlic republicans, and pertiaps this last is the only district in the State where they have not profited by some local advantage in arraying their candidates against those of the other side. But wo shall seo the ation in the Sixth @istrict presently. ‘assing still further wostward we camo to the Tenth district, in whieh the demoaci ‘© making a deter- mined ‘effort to defeat the present representative, Charles Foster, who 1s a candidate for his fourth term, The district 1s made up of the five counties of Erie ‘which includes the city of Sandusky), Haron, Seneca, Sinuusky and Mancock, and fate has ordained it that Erie and Huron shali be republican, and Seneca, San- dusky and Hancock democratic, The peculiarity of this district is its faith i Mr. Foster, When the wholo State went democratic in 1874 by 17,000 and the district the saine way by nearly 1,300, Mr. Foster retaimed his weat 1n Congress by 159 over his opponent. Yet the district was so stubbornly democratic that in the reace tion 011875 Allen carried it by 294, Another feature is the fact that GOVERNOR HAYES LIVES HERM, on which the republicans base large expectations, Mr, Foster's opponent is Mr, John H. Hudsou, a grain mer- chant of Sandusky, at present State Senator, in his second term, ip succeeding to which office he’ carried four out of the five counties of the Congressional dis- tniet, the four making the Senatorial district. Mr, Hudson, when questioned as to the reasons of his ex- pectation of election, gave them freely, Succinctly they are:— ‘ “There will be a lighter voto this year than iast, but not much, of course; Foster ran abead of his ticket, and, besides, the vote of 1875 was very heavy; then, last. year, the cit went unexpectedly and aston- ishingly republican, as for instance, Cleveland, where the Germans loft us altogether, while tho farmers and rural population stayed democratic.’ “How do you stand on the currepey question ?”* “L think the people were robbed when tho silyer doilar was outiawed.’” He went on to give bis reasons further:— a good many greenbackors in this country;’? bat he could not not say How they would vole; there wero moro republicans than democrats among those right hore; the Germans were mostly hard money; the democrats were never so united. Concerning the issue between Bell and Barnes for Secretary of State, his opinion was that Bell would get a large majority, not because he was so popular as that Barnes was so very unpopular; 16 didn’t follow that those who didn’t vote for Barnes would vote tor Bell; great many republicans would not voto at ail jor Secretary of Sta Allen got 204 major. ity last year and Bell would get an in- croase on this; the greenbackers would stick pretty close to the republican ticket; as to tho Pi dency, Hayes would get a much | Barnes and would run abead of Foster 01 200 ahead of him in bis own county; Couper and Cary would have 200 or 300 votes in Sandusky City and Erie county together, but this proportion he didn’t think would extend to the other counties; the farmers wero an intelligent and substantial ciass of people and they did bot take the currency question into politics. Per contra, the republicans cipher and reason it out ‘as follows :—The possible toval democratic majority in ‘the th: of Seneca, Sandusky and Hancock will be 1,200; tho republican majority in Huron county Will be at least 1,200 to 1,300, throwing the decision of tho contest to Erie county, which usually gives 200 to 800 repablican majority; hence MX, FOSTKR’S BLECTION 18 ASSURED, Besides, he has no competitor im his own county this year as he had two years ago, and be will naturally re- duce the democratic majority the! and Mr. Hadson, being a republican who went off with the liberals and never came back, will be rejected by many democrats, who, a8 betwoen the two meo, will voto for Foster in preterence. The fact that this js Governor Hayes’ dis- trict will materially help the republicans in October. Barnes will poll the full strength of the party in tho rural districts, but there may be some modification of this rule in the cities, Foster will run 400 to 500 ahead of Barnes. Hudson will carry Sandusky City, but will be defeated by the outside vote of tho count: The battlo will be fought in Erie county, “How about Hayes and Tilden?” Il sweep the district in November, Lots will never go to» the polls to vote for Tri- den, who is greatly disliked hereabout, Many demo- crats bave turned republican within a few days. Thero wasameeting the other night at which cheers wero given for Jeff Davis and dve men came oat of the crowd und went and joined the republicans on the spot, But the democrats are Ri sione very bard to beat Fosier. so that it may appear that tho republicans can not carry Hayes’ owp district The district will give Hayes 1,500 to 2,000, possibly 3,000, majority.”’ Mr. Benjamin F, Lee, the District Attor: San- dusky, contirmed this view of Foster’ The district was, admitted, democratic by about 1,000 majority, but Mr. Foster had « personai follow- ing and popularity which would insure him his elec+ tion, But, a3 the tight js realiy narrowed down to Erie ‘as the issue lies between the city of San- Hudson is an esteemed busine large major- close one. tee at Columbus that they are LIKELY TO GAIN A CONGRESSMAN in Foster's district and shows once again the exceed- ing wisdom with which the democratic plan ot battle has been laid out, Sandusky city being the key to the district and their candidaie, a popular and wealthy merchant, being taken therefrom. Suill further westward along the Lake Shore and ia the extreme northwest corner of the State 18 another district from whose present attitude the republican® derive much of their more cheerful feeling. This ia the Sixth district, represented by Mr. Frank H. Hurd, for re-viection. His repablican oppo Cox, whose nomination Pp rongest hope of carryti the gi ‘There is a third candidate, Major Hall, representing the greenback interest, a Fenublicag when the currency question 18 not ap issue and @ brick manufacturer with considerable popularity amon, the working classes. He was put in the field, it suspected, to draw off votes from the republicans, an attempt was made to have Mr. Hurd stand on a soft money platform, but the latter was (oo honest and ime dependent to sail UNDER FALSE COLORS, so at the first opportunity he procaimed hig bard money principles in the most unmistakabie terms. 1saw Generai Cox at his residence during the course of the evening ana got his views. FTIDg tO the change of sentiment trom 1874, when the district went democratic by 1,800 for Hurd and 1,000 over all opposition, to the republican majority of 1,200 in 1875, Lasked how it was likely to go next month, “Oh, it is reasonably safe for the repablicans,” he said.” “When there 1s unanimity in tho party it is Steadily republican,” ‘ ls not the greenback question a disturbing ele- ment?” “The greenback movement with us is dwindling day by day, whatever there was of it,”? “Why are the republican chances so much better ?'? “There 18 a disposition among all the republicans to unite, When Hurd was elected, two years ago, there was controversy, if mot dissension, gver the nomina- tion of his opponent, and there is nothing of that kin now. Besides, in 1874 the republicans did not po! their full vote.” Figures show that the republican vote did fali of about 6,000. “Will not Major Hall, the greenback candidate, draw off republican votes?’? “Hall used to be a republican, and the Intention in nominating him was to weaken our party, but we have met this plan and defeated it, There's so much hearty union among republicans that it has failed, whereag the democrats are greatly DIVIDED AND DISSATISFIED, Hurd 1s for hard money and his party whils the republicans were never 80 monious, We ought to poll a full vote. “What vote will Hall get??? “It would be pure conjecture to say, It’s my opinion he will not poll over 1,000 votes in tho whol¢ district, aud more than halt of these will bo democrate and nearly all of them 1m Toledo; very few outside the city,” “at Sandusky I wagtold the greenback movement here had been encouraged by the republicans to hurt their opponents. “On the contrary, we have discouraged anything like @ third movement; we wanted &@ fair tigt id the lines: drawn closely. But it can’t hurt us, whatever its in- tenuop, afthe majority of the greenback voters ara democrats the effect willbe to help ua, and if they are evenly divided their vote will not change pluralities, ’? In answer to my next inquiry, as to the relative Strength of Bell and Barnes on tho State ticket, Gen« eral Cox discussed the sitaation as follow: ‘Last year Governor Hayes had a tyajority of fully 1,000 in the district, There had been in 1874 a with. holding and not a change of republican voto, Thia Year thero are no dissensions 40 keep back ir full vote, ‘There are Germans here in considerable num. bers, but their relation to the party has been stendiast, moro so than elsewhere. They bave usually given ag intelligent and steady support to the republican party and are doing so now.” “Iucluding Mr, Barnes??? “Yes; there isn't anything to make them brealg away on his account.” “What! Will not the lager beer and saloon men ree Ject nim?” “T think not. There is a general disposition to stand by the ticket, Where there Is a feeling to the contrary among the Gormans it ts confined to certain districts, as in Clevelind, wuere ex-Lieuteuant Governor Mucler broke away from us, and in Cincinnati, where Judge Stalls and Mr. Hasaurek have led off some of their tele low countrymen,” “Wil Barnes get @ largor voto than Hayes last year?” “"ssL wouldn’t say so. Thoro {s a general evenness of things now with last year, and we are going to poll a full, fair vote.”? “Thea Barnes ought to get from 1,000 to 2,000 mae jority in this district??? “Well, to put itat asafo figure, he will have from 1,000 to 1,600.” “You seem confident of the result next week?” ‘rhero is a tendency now, as in all Presidential years, to increase republican majorities; and ther disposition to take advantage of this tide or tendency, “How do you forecast tue result in November in Ohio”? “My judgment is that if we carry the district by 1,500" tor Barnes, we can easily carry itor Hayes by 2.500, The sigusof tho canvass are in our favor, ‘There is a quiet determined undertone among our peo= le, and itis good Indication that men heretolore ukewarm, men who have hesitated tor the past few years as to what they should do, aro now busily and actively at work for us. There i N UNDERCURRENT of quict determination on the part of republicans to keep their advantages. I am confident Barnes will carry the State. I wolildn’t like to prophesy a great majority ; but the State i reasonably sate.’? T sought out the democratic candidate, Mr. Hurd, of “Frank? Hurd, as he is known by every man, womag and child in tea ee eee him at his gs uarters in the dy House, entertaining a host at his ipdtivteal lieutenants, with whom was actively and earnestly planning the immedia work of hia canvass, At the first moment of leisure ho cheerfully devoted himself to me, 1 asked him bis reason for believing that he could reverse the ropublie can predilections of the districts “Why, through the German vate,” ho said, building on ground, as you see, that General Cox wanted te take away from him altogether. ‘The liberal German vote will go a8 solidly forme now as it did two yeara 0. “e’But past year,” I doubted, “it went solidly foe we 27? not a unit, neat and har “Zo it did, on the money question; our platform be- ing inflaton, with Alien for Governor, And the Gere, mans aiso went for Hayes on the school question. They were not distinctively for bard money, they were not for any theory of resumption, but they were against the inflation policy with which Allon waa identified. ”? Whatabout the greenback movement?” “It doesn’t agount to anything outside the city, Here it has some strengih, 1 am abard money mang I belong to the SENATOR THURMAN WING of the Ohio democracy. Soas botweon General Cox and mysell tuoy couldn’t find a representative of their views and they had to nominate an independent man, What little strength they bave in the rural districig will come from the republicans; here it will come fro: both parties, equally, { think, from cach, They wil poll avout 2,500 votes in the district, I think." ‘‘How much do you expect to be electea by?” ‘1 think the democrats will carry tho district by 50q to 800 majority.” ‘How will it be with the State ticket ?’? ‘Bell will not run ahead of my vote, but he will rug ahead of the rest of his ticket. The Germans will ff against Barnes on account of his crasading record, an the Germans are a third of our population. Then w have as many colored democrats as colored republi among us. “‘Inaeed, how comes that?” “You see they are mad with General Cox, wh when he was Governor of Ohio, proposed to colont: them in the States of Georgia and South Carolina ani have them under the control and direction of persong appointed by the federal government This was theory or idea of General Cox in the early days of emancipation and reconstruction, 1n conciusion Mr, Hurd summed up his position. and chances as follows:—“l shall come to Toledo with 1,000 majority, and I havo always carried tho eit; whenever 1 ran for offide here. Sol can’t see how am to be beaten. As for the State election Ohio will give 15,000 to 25,000 democratic majority, and Tilden’ majority in November will be twice Bell’s majority October. ” Opinions differ very much, even in the same neighe borbood. THE CHEAP CAB COMPANY. New Yorg, Oct. 5, 1876, To Tue Eviror or tax Heratp:— 1 notice your articlo on the Now York Cab Company in your issue of this morning, which conveys the idea that breaking up the prosent bigh charges tor cabs will ruin and boggar the present owners. “As a promoter of this enterprise I would never have given my aid to it had I not believed the reverse would be the result, Cheap fares do not mean ruin to those engaged in the business, but an increase of business that will be more remunorative than the present nigh fares, The nam. ber of licensed cabs in this city is about 600. If they should make the fares low the business would increas¢ go that 1,000 cabs could flad employment, and tne present owners of cabs would mako moro money thag. do at present and the public be better served. If 48 extortion to charg rice twenty-five conts and twenty would ride where one rides now. The time required to perform the ser. vice is not over ten minutes, so that iF trips could be easily nade Within one hour, makin, and aot one-half of the hour occupied, ‘With sue cabs would ve constantly, in ase, instead of standing aa they do most of the time at present. If the pi ry owners of cabs would combine on low, they would make more money, and if the proposed Cab Compan: goes into operation, time will show that the effect wil be to foree the present owners of cabs *to do what ig for thoir best interest. If these resulta aro not ob- tained New York will bo an exception to all others cities which have tried a qheap cab a; PROMOTER, CLERICAL HEROISM. About four weeks*ago the Rev. Dr. Moyors, of Savannah, visited this city, and, apon the invitation of the Rev, Dr. Charies F. Deems, preached a sermon betore a large congregation im the Church of the Strangers. He was eloquent, and made a jag im- pression on all his bearers. He received several invi- tations by members of the church to make their feat. denco his home while stopping in the city, He wal ubout to accept U horpialty one of ie membre ) thi city thi ‘a i broken out in his native city. thither without delay, He was urgently remain, but all to po purpose, Dr. Deems has j coived a letter stating the clergyman was the scourge, and that he diced, notw! effort on the part o! his physicians to save him. 5 Mevers, it appears, heroically visited tho hi of the i Micter istered to their dyi nover, fearing i to ima” i to Te. by