The New York Herald Newspaper, November 11, 1876, Page 3

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T ne CRISS. Lightning Flashes Out of the Clouds of Doubt. IT WILL BLOW OVER Anxiety Over the Yet Undecided Presi- dential Election. SLAIM, COUNTER-CLAIM, CONFUSION. Louisiana, South Carolina and Florida Balancing. HEWITT AND CHANDLER'S LOFTY TUMBLING, Hayes on Tenterhooks Between the Pelican, the Palmetto and the Alligator. TILDEN’S TORTURE OF TANTALUS. How the Election May Be Decided in Fairness and Peace. The Movement of Troops to the South. A PATRIOTIC ORDER. President Grant Declares We Must Have a Fair Count. LET EVERY AMERICAN READ! PHILADELPHIA, Noy, 10, 1876, The following important telegrams were sent by President Grant from this place to-~day:— FIRST DESPATCH. PHILADELPHIA, Pa., Nov. 10, 1876, To General W. T. SHERMAN, Wash{ngton, D. 0.:— Instruct General Augur, in Louisiana, and General Ruger, in Florida, to be vigilant with the force at heir command to preserve peace and good order, bid to see that the proper and legal boards of can- vassers are unmolested in the performance of their futies. Shouid there be any grounds of suspicion of fraudulent counting on either side it should be re- ported and denounced at once. No. man worthy the office of President should be willing to hold it if “counted in” or placed there by any fraud, Either party can afford to be disap. pointed in tho result, but the country cannot afford to have the result tainted by the suspicion of iliegal or false returns. . U. S GRANT. SECOND DESPATCH. PHILADELPHIA, Nov. 10, 1876. To General W. T. SHERMAN, Washington, D. @.:— Send all the troops to General Augur he may fleem necessary to insure entire quiet and a peaceable count of the ballots actually cast. They may be taken from South Carolina unless there is reason to suspect an outbreak there. The presence of citi- vens from the other States I understand is re- quested in Louisiana tosee that the Board of Can- vassers make a fair count of the vote as actually tast. It isto be hoped that representative and fair men of both parties will go, U. & GRANT. These important despatches were prepared by the President shortly after one o'clock to-day, and while in General Hawley’s room at the Centennial Ex- hibition grounds, whither he had gone to take part in the closing exercises of the Centennial Exhibition. At the time they were prepared there were present | in the room with His Excellency, waiting for the ceremonies of the day, Secretaries Don Cameron and Fish, General Hawley, President Welsh and Di- neral Goshorn, of the Exhibition; Commis- sioner McCormick, Secretary of the National Re- minittee; George W. Childs, A. J. Drexel, General Patterson and the President's son, U. S. Grmt, dr. Subsequently the despatches were sent over to the Transcontinental Hotel and given to the clerk in charge of the little Western Union Telegraph office in the lobby. Not long afterward the Presi- dent's son gave Mr. Joseph Gilbert, of the Associd- ted Press, and to the HERALD correspondent an autograph copy of the despatches, GOVERNOR, KELLOGG'S REQUEST. PHILADELPHIA, Noy. 10, 1936. ‘This morning President Grant received a despatch from Governor Kellogg, of Louisiana, requesting that a number of prominent republicans and demo- crats, men of national reputation, whose declara- tions would be believed throughout the country, should be invited to come to Louisiana and see that the vote was fairly and honestly counted. REPUBLICANS APPOINTRD. Acting upon this, the President asked, by tele- gram, the following gentlemen to represent the re- publican party in Louisiana as a portion of this del- egation:—General Garfield, of Ohio; General Logan, of Ilinols; J. A. Kasson, of lowa; John Schonberg, of Pennsylvania; Judge Kelley, of Pennsylvania, ana Colonel ©. J. Ditty, of Baltimore, who was an oficer in the Confederate army, but who has been an en- thusiastic republican for some years. These gen- tlemen have already accepted and all of them left for the South to-day. THE LOUISIANA COUNT. VIEWS OF LEADING DEMOCRATS ON THE PRESI- DENT'S PROCLAMATION—REPRESENTATIVES OF THE PARTY INVITED TO GO 10 NEW on- LEANS—LIST OF THOSE WHO HAVE ACCEPTED. Tne causes which Jed to the proclamation of Prosi- dent Grant were in the eyes of those who congregated at the Everett House ‘mainly two, It was that his action was nothing vo quiet the = excited the State of Louisiana would bo giv to Mayes no matter what tho result of the ballot might be, Others, Who cinimed to be posted in the matter, wad = that President Grant had been forced to do as he bad done by prominent and wealthy bankers in this” city, Telegrams ‘they say bave cowe from Burope during the last two days, anxiously ingairing Mf any fears of a civil war argued by some more then @ ruse ling and that “Ohio, who arrived in Washington yesterday, and Sen. NEW YORK HERALD, SATURDAY, NOVEMBER 1, 1876—WITH SCPPLEMEN® election, These despatches were circulated freely among the large bondholders, and it is said that they fearing a heavy decline, unless some assurance was given abroad that no danger existed, prevailed on the Presideat to issue the proclamation. It gave gen- eral satisfaction, however, and raised the hopes of Tilden’s triends greatly, The following invitation, tssued during the day, is supposed to have come in response to the President's proclamation :— COMMITTRE OF DEMOCRATIC CITIZENS. Citizens of New Orleans urgently request that a dele- gation of prominent gentlemen come there at once to counsel peace anda fair and honest return. You are earnestly requested to be one of ten or fifteen gen- ‘lemon, all widely known, to meet at Louisville, Galt House Saturday evening, proceeding directly south, or, it more convenient, meeting at St. Charles Hotel, New Orleans, Monday morning. Your prompt acceptance by telegraph is requested. This emergency agers to your patriotism, ABRAM 8. BEWITT, Chairman, It was addressed to the following gentlemen :— Hon, A. G, Curtin, ex-Governor of Pennsylvania, Ex-Governor Doolittle, of Wisconsin. Governor Colbaugh, of linois. Ex-Governor J, M. Palmer, of Illinois Sonator Bayard, of Delaw Ex-Senator Trumball, of Illinois, Hon. W. 8. scott, of Philadelphia, 8, D. Babcock. Mr, O'Connor, Howara Potter. Ex.Governor Walker, Samuel J. Randall, G. B. Smith, of Wisconsin; overnor Ingersoll, of Connecticut; Wm. Walter !helps, Lucius Robinson, Governor Bedie, Senator Randolph. Mr, Hamilton. Mr. Stanberry. -* Mr. McDonald. Mr. Julian, Mr. Blair. Senator McCreary, Mr. Stevenson. Mr. Beck. Professor Sumner, of Yale College, Hon. William M. Evarte, Oswald Ottendorter, Henry Watterson, Mr. McHenry, of Kentucky. The following gentlemen en this list havo ac- copted:— Ex-Governor A. G.*Cortin, of Pennsylvania, Ex-Governor Doolittle, of Wisconsin, Governor Colbaugh, of Illinois. ‘x-Governor J, M. Palmer, of Inois, pnator Trumbull, of Illinois, Hon, William Stallo, Professor Sumner, of Yale. Senator Hamilton, of Maryland, Oswald Ottendorter. Henry Watterson, of Louisville, McHenry, of Kentucky. Senator Randolph, of Now Jersey. Governor Smith, of Missourt, ® Governor Carroll, of Maryland. Assistant Secretary of the Navy, Fox. 8. jer, of Pennsylvania. of whom are aiready on their way to New ADDITIONAL REPUBLICANS, In addition to those mentioned in the President's invitation it is stated at democratic headquarters that the following republicans have also been sent South on the same mission:— 0. A. Babepek, W. W. Belknap. Don Cameron. GENERAL GARFIELD'S VIEWS. AN INTERVIEW WITH THE GENERAL ON THE LOUISIANA COUNT—-HE ONLY WANTS “A HONEST RETURN’—WHAT HE 18 READY to DO IN CASE OF TROUBLE. Wasnixatox, Nov. 10, 1876, lt is reported to-night that Goneral Garfeld, of ator Logan, of Illinois, and Major Ditty, of Baltimore, have been appointed a committee to proceed to New Orleans to see that, on the republican side, there shall bea fuir count of tke electoral vote. In the course | of convegsation to-night General Garfleld suid that all that he thought and felt in regard to tho election and counting of the votes could be summed up in the expression that whoever had the greatest number of clectoral votes honestly polled for him, no matier who it was, should be declared Prosident. It it was Tilden,“Good.”’ If it was Hayes, then “Good” also, He had gono into the army once because one portion ot the people bad refused to recognize the legal count- ing of the vote in behalf of a President, and if cither section was now going to refuse to recognizo the result of a counting of the voto for President, he was ready to go into the army again if necessary. He believed that the American people were not going to subm'é to any interference with the honest counting of } the vote or to suggest a resort to arms to manifest their diflerence of opinion. MOVEMENT OF TROOPS. COMPANIES MOVED IN ACCORDANCE WITH THE PRESIDENT'S ORDER, Wasurnaton, Noy. 10, 1876. General Sherman has acted upon the telegrama re- ceived from the President, and has received word from General Ruger that he had ordered nine companies to Florida and would order five more and go in person with them, leaving Colonel Hunt, 6f the Fifth arti lory, incommand in South Carolina A company of artillery will be part of the troops sent from South Carolina, ONE COMPANY PROM ATLANTA, ATLANTA, Ga., Nov. 10, 1876. One company of troops lave here to-night for Tal- lahasseo, Fla.,cJoaving only thirteen bayonets in the city. Your correspondent accompanies the troops. We will meot General Ruger with nine companics at nine o’clock to-morrow and will reach Tallahogsee, Fla., to-morrow night. uy COMPANIES ORDERED TO NEW ORLEANS. Lrrtie Rock, Ark., Nov. 10, 1876, Company ©, of tho Fourteenth United States in- fantry, which is stationed here, was to-day ordered to New Orleans. TRANSPORTATION PREPARED. Savanxau, Ga, Nov. 10, 1876, Transportation has been ordered for troops to pass through this city to-night for Florida, , HAYES AT HOME, ANOTHER DAY O¥ EXCITEMENT AND ANXIETY IN COLUMBUS—THE GOVERNOR STILL BE- RENE—INCREASED CONFIDENCE IN HIS ELEC- TION. Couvvmsus, Ohio, Nov. 10, 1876. The demon of unrest hus had possession of the city allday. The dire contusion of news has kept men of Voth parties in the streets in exeled, and, in some cases, excitable condition, which resulted in street fights. Bullotin boards have irresistible attractions, and the thoroughfares have been blockaded. GOVERNOR MAYES’ MOVEMENTS. Governor Hayes bas spent most of the day quietly in his private office. He carhe to it at nine o’clock this morning, wheré the HxRaLp representative mot him, In response to an inquiry as to how he felt Gov- ernor Hayes answered, “Very well,” just as usual, and his beaithy, ruddy tace earnestness to bis-r0- mark. “But, Governor,” “persisted the correspond “what do you think about the news up to this time?!” “Why,” answered His Excellency, “I think Ihave undoubtedly been elected; that’s the way it looks to me now. But what makes your face so long? You don’t look happy.” The correspondent answered that hopes and fears were fighting such internal bettie that nis tissues were fast boing eaten up with carping anxiety. Hayes then said:—“We may have to stand this un- certainty for some days yet; but make tho best of i, Don’t fret, for I certainly think we are all right,”’ In answer to a remark as to how bis family felt ree garding bis lection the Governor said: - “Ob, a8 to that, they have a good deal of my dispo- sition, My youngest boy came home yesterday from his first school day in the newly established kindergarten, and said, ‘Papa, the boys say if you are elected we will all have to go to Washington to live. Now, 1 do mot want to goto Washington, and so I hope you are not elected, I want to live in Columbus or else go back to Fremont.’ My litule girl Fanny, who has seen a few more years of life than her brother, bas somehow got itinto hor head that there 1s something desirable in Washington Iife, and w quite ready to go there to live.” “But Governor,” remarked your representativo, “how is it possible for you to be so cool when your ‘existed on account of the great excitement over the | friends are being Jairly consumed with anxiety?” But before an answer could be given a delegation of vis- itors trooped in and the interviow ended. THE GOVERNOR CONFIDENT. This evening the HenaLp representative again called on Governor Hayes, and was told by him that he now felt more confident of his election than at any previous timer He says bis informants are reliavle men, who have facilities for getting information of a reliable character, He thinks they would not send him news unless it was reliaple. General Wikof, of the Republican State Committee, who up to this even- ing bas been a doubting Thomas, now says he is well satisied Hayes has been elected, and that a fair count of votes tn Southern States will prove this to every man’s satisfaction. Other leading republicans have up to to-day conceded Tilden’s election, but have now changed their opinions radically, and declare themselves positive of Hayes’ election. RAD PEKLING. There-is rather a bad feoling here to-night. Strong and ‘gnorant partisans of both parties have been on the anxious seat go long that their anxiety occasionally crops out in fIl-natured threats in ¢ase either candi- date should be elected. This class of men are in favor of war immediately in case their respective champion is not given his seat as Prosident. Any attempt at a jollification by either party to-night wonld produce serious trouble. DEMOCRATS WILD. ‘Tho democrats aro wild with excitement on account of an announcement just made at the democratic bead- quarters that despatches have been received since supper from reliable parties in South Carolina, Louis- jana and Florids that there is no longer any doubt but what those States had been carried for Tilden, AD enthusiastic crowd 1s now parading the streets, FEELING IN THE SOUTH TREMENDOUS EXCITEMENT IN THE EMPIRE STATE OF THE SOUTH—ALTEBNATE SEASONS OF JOY AND SORROW—AN INTERSTATE CELE- BRATION TO YOLLOW TILDEN'S RLECTION. ArLanta, Ga, Nov. 10, 1876. The fluctuations between juy and despair in this city have been remarkable. Itiathe brightest and most bustling city in the South, and, with the hundreds of strangers hore awaiting tho news, cap get up an excite- ment of huge proportions on the shortest notica Is has already bad ‘THREE JUBILEES, ‘The reception of the news from the Wednesday’s edition of the Hxgatp was the signal for tumultuous applause and for extempore bonfires, fireworks, &c, The demonstrations were checked by the one o'clock news, but were renewed with redoubled force at ten o’elock that night. Before midnignt they wero again checked, and Thursday was a gloomy aay, the crowds ; atill clinging in vast numbers to the bulletin boards | AGENERAL HURRAL : At three o’clock this morning a despatch from Na- tional Headquarters caused the people to go wild, Bonflres were lightod evorywhere, the air was filled with skyrockets and Catharine wheels, tne fire bells were rung for hours, drums were beat, salutes firod and the whole city rose from its bed and joined in the jubilee. immense crowds of men and women gathered and orators were pulled from their beds, speeches wore made in various party of the city, and the day broke on 30,0C0 people perfectly wild with joy and colebratipg a victory not yet assured. THE SCENE CHANGED. ‘The first morning despatches dispelled the enthusi- asm and renewed the doubts of the day before. As may bo expected, the people are now well nigh crazed with suspense and anxiety, Enormous throngs are now huddled around the bulletin boards, noting every change; the telegraph operators are literally worn out, but stand up nobly. The excitement is simply unprecedented throughout | Georgia, That which followed the firing cn Sumter ‘was nothing to it, INTERSTATE CELEBRATION, Announcements are out for an unexampled inter state Celebration in Atlanta for Taesday night, Dis tinguished men from all the States will be represented in person or by ietters. Large amounts of money have been raised and tho affair will be the grandest ever witnessed in the South. The announcement stil} stands and the committee is pushing the arrange- ments ahead. Tho newspapr till adhere to Tilden's election and are filicd with congratulatory paragraphs and editorials daily. THE DOUBTFUL STATES, FLORIDA. REPORTS FAVORABLE TO THE DEMOCRATS—IN- DIGNATION OVER GRANT'S PROCLAMATION. AtLanta, Ga., Nov, 10, 1876. Grant’s proclamation excites the most profognd in* dignation and great excitement Despatehes from pri- vate and official sources in Florida still continue favor- able to the democrats. 14 is impossible to get accurate figures from any source. ADVICES BY WAY oF saV@nwaH. Savannau, Ga., Nov. 10, 1876. Advices from Florida say that the State has un- oubdtedly gone democratic by 2,000 majarity. There has been no distdrbances so far as heard from. . THR STATE CLAIMED FOR THE REPUBLICANS BY TWENTY-¥IV2 HUNDRED MAJORITY. Wastinoton, Nov. 10, 1876. The Secretary of the Treasury received a de- spatch from Governor Stearns at noon to-day, saying that Fiorlda bad gone republican by 2,500 = majority. Mr. Martin, chairmag of tho Republican Campaign Committee, also telegraphs from Tallahasseo to a friegd in this city that “the republicans have cleeted their national and State tickets sure,” and a similar private message was rocerved early this moruing from A. H, Kulght, Col- jector of Internal Revenue at Jacksonville. DEMOCRATIC BEPORTS FROM THE LAND OF THE OBANGE. The following despatch bas been received at the democratic headquarters in the Everett House: — ToA 3. Hewrrr Later returns confirm our previous reports. Kvery precaution possible bas been taken. BOKER and PAINE, State Commiiten, Jacksonville, Fla, THE STATR CLAIMED FOR THE REPUBLICANS, At 3:30 P. M. a despatch was reccived at republican headquarters, Filth Avenue Hotel, from Mr, Martins chairman of the Florida State Cormmitteo, saying the returns from twenty counties give the republicans 4,500 majority, with thirteon counties to hear from: which cannot reduce this majority below 1,000, SOUTH. CAROLINA. THE DEMOCRATS CELEBR\IING THEIR yiC- TORY—THR VOTER FOR HAMPTON AND TIL- DEN—TROOPS, FROM THU STATE ORDERED TO FLORIDA. Convmuta, Noy. 10, 1876, 1 have tnformation that all the uvailable troops that can be-sparod from this State have been ordered forty. with to Florida, Nine companies are already en route to Tallahassee, Those are taken from Aiken, Barnwell, Edgefield and Chester county General Ruger and staff leave here to-night for Atlanta, possibly thence for Tallahassee. General Hunt, of the Fitth artiliery, now in command at Charleston, relieves General Ruger hero and takes command of tho military in the State, Colonel Best, of the First artillery, has beon ordered from Blackville to take command at Charleston, end he will be relieved by Generai Gibson, of the Third arti- lery, who leaves hero for Blackville, . THE STATE DEMOCRATIC. Sufficient returns, official and seral-official, have been received to justily the democrats in claiming Hamp- ton’s majority by from 1,500 to 1,800 votes. Thoy are now firing a salute, If these returns hold good Tilden may possibly carry the State by a bare majority. Tho republicans will give no estimates nor Agures, ‘TELDEN'S MAJORITY OVER ONE THOUSAND. Cnarceston, & C., Nov. 10, 1876 ‘The News and Courier has received official advices from the tast of the countics, hitherto reported anofi- cially, making Hampton's majority tor Governor 1,434, ‘Tilden's majority fell 200 or 300 behind Hampton’s, bat it is certainly over 1,000, TILDEN AND HAMPTON’S MAJORITY IN THE STATE. The following bas been furnished us trom democratic headquarters in tho Everett House: — A deapateh to Hon, A. & Howitt says:—“I have a despatch from a gentleman in Charleston saying:— ‘Hampton sure for 1,000 to 1,500 majority, The elec- tora! vote sure from 500 to 1,000 majority for Tilden. ‘This is from a source I regard trustworthy. “WILLIAM D, MORRELL.” LOUISIANA. KELLOGG'S AND PACKARD’S CLAIMS DENIFD BY PROMINENT BUSINESS MEN AND FIRMS. . Dew Oninans, Nov. 10, 1876. Kellogg’s and Packard’s despatches claiming this Stateare erroncoca, All the parishes haye been off- cially beard trom but seven, and those seven aro democratic. The majority for Tilden will exceed 7,000, JAMES T. DAY, President Sun Mutual Lifo Insa- ance Company. GEORGE JONAS, Pres!dent Canal Bank. THOMAS A. ADAMS, ePresident Crescent Mutual Insurance Company. SAMUEL H. KENNEDY, President State National Bank. . LLOYD R COLEMAN, President Mocharics and Traders’ Insurance Company. THOMAS J. SEMMES, C. KOHN, President Usion National Bank M. MUSSON, President New Orleans Insurance As- sociation. A. BALDWIN, Bank WALLACE CARY & CO, L. B. CAIN, President Germania Nationa! Bank. SAMUEL H. BUCK, Secretary National Cotton Ex- change, President New Oricans National REPORTS FROM ALL THE PARISHES—TILDEN'S MAJORITY NINE THOUSAND—¥FRARS OF THE COUNTING OUT PROCESS, Nuw Onteans, Nov. 10, 1876. ‘The democratic committee"have heard from all tbe parishes except fve and Triden is 6,491 ahead. Tho remaping parishes gave a democratic majority in 1874 ot 8,800. This secures the State for Tilden by at least 9,000 majority. “ ~—* -eum cocxrmra ovr Process. Great excitement in the city this evening conse- quent upon a general dpprehension that the repubil- cans have some violent scheme on foot to count out Louisiana by the Returning Board. With this excep- tlon everything is quiet. GENERAL AUGUR’S ACTION, Your correspondent called on General Augur this evening with a view of ascertaining bis views upon tho subject. General Augur states that his orders, re- ceived before the election, embraced special directions to protect the Returning Board in the discharge of their duties. 1p response toa request as to their tenor he declined to show them or give any further tnforma- tion. Up*to the present time he bas received no orders from General Sheridan. He also expressed his inten- tion to do all in his power to preserve the peace. ARRIVAL OF GRANT'S ORDER, On returning from military headquarters your cor- respondent found an extra had juss been issued con- taining Grant’s order, wheroapon he immodiately re- turned, Upon entering and showing it to General Augur the latter said it was the first information he had had on tho subject, and reiterated his non-recop- tion of any orders in regard thereto, He stated, how- ever, in reply to the inquiry, that if any despatches were manufactured to create a disturbance by inter- fering with tbe Returning Board, that he would order. enough troops here to protect them in makinga fair count, AT HEADQUARTERS, It is worthy of remark that whereas headquarters were, as they usually are at night, quict and almost deserted at the frat visit, at tho second they pre- sented a scene of the busiest activity. Two operators were ut work at the telegraphic instrument, the desks were occupied, messengers passing to and fro with documents and the evidence of something in the wind of no little importance keenly apparent in the atmos- phere. ‘THE RETURNING BOARD. , The Returning Buard, as now constituted, consists ot J. Madison Wells, surveyor of the Port; Thomas Andgrson, a candidate for State Senator; two negrocs, Casonave and Kenner, and Mr, Arroyo, resigned. Ac- cording to constitutional provisions the first two are debarred from ing, one being a United States off- cial, the other a candidate. The Board is elected by the Senate, and has power to fill any vacancy that may occur during the interval This leaves the selection of three members of the Board tothe two negroes, Wells and Anderson are both out of the city. The tormer, who the republicans claim bas aright to serve, will arrive here on Saturday evening. Tho nogrves, after a prolonged scarch, your correspoadent was unable to find, nobody appearing to know any- thing about thom, THS MEETING O? THB HOARD, The Board will moet on the 17th, at their office in the State House, when and whefe the returns will be counted. PRESIDENT GRANT'S ORDER, President Grant's order has excitod a deep feeling, which finds its expression more in disgust than in indignation. Everybody seems to have expected it, from their experienee of former elections The ex-* pression that the issue is now a national one and that the people of the State are the least inter- ested, is very general, Everything 1s quiet and ap- parently no resistance is contemplated to any meas- ures that may be inaugurated. Telegraphic despatches have, however, been sent off to all the democratic su- pervisors through the State to protect the tallies and the ballot boxes. Much interest 18 manifested in the coming of Messrs. Thurman, Bayard, Beck and other prominent demo- crats, who are expected to arrive to-morrow, NOT GONE TO LOUISIAMA—A PEACE CONSERY- ING PROPOSITION FROM MR. WATTERSON. Lovrsavitte, Nov. 10, 1876, The report that Senator Beck, Henry Watterson and others huve gone to New Orleans is premature. Mr. Watterson has not left this city, and, in reply to in- quiries, said that if tho parties mentioned should go to New Orfeans they would go in the interest of peace and order, proposing to exert their influence as far’as possible over tho excited masses now collected in that city. They could do no more in any event than to personally inform themselvos. MR. WATTRRSON’S PROPOSITIONS, Mr. Watterson expressed the opi that it would be omivently proper for Governor Hayes and Gov- ernor Tilden, jointly, and by agreement, to send par- ties of friends to New Orleans, headed respectively by Charles Francis Adams and William M. Evarts, and composed of conservative men who have the confidence of the country, He thought such an arrangement would be abie to secure a fair count of the votes and satisfy the whole people, averting « most dangerous {ssue and perhaps an outbarst of violence. COUNTING THe VOTE. OPINIONS OF CALEB CUSHING AND RICHARD T. MERRICK ON THK GITUATION—WILL A FAIL~ URE OF THE TWO HOUSES TO AGREK PRa- PETUATE REPUBLICAN RULE? Wasuixctox, Nor. 10, 1876. Mr. Caleb Cushing, who is temporarily in Washingt: n on business connecied with bis mission to Spain, im the course of an interview this morning at bis hotel, gave the HrnaLp correspondent a very intelligent view ofthe present complication. Alter an introductory interchange of romarks about the curious position of political affairs, tne following conversation took Q Mr. Cushing, suppose that it should turn out that, according to the record of votes as rendered by tho authorities of the soveral States, Mr. Hayes bes 185 votes and Mr, Tiiden 184 votes, and syppose that tho democratic party should protest thatthe retarn of the vote of the State of Florida, for instance, is a fraud. ulent one, what would be the effect of sach protest? A. The constitution knows nothing of parties; party conventions are wholly outside of tho constitution, no act of theirs has any legal effect The democratic party, as such, can only act through extra-constitu- tional public assémblics, The possible danger, if any, in the sapposed state of things, isto be found in the possible action of tho two houses of Con- yrese, or rather that of tho prosont House of Representatives, with its decisive democratic major. ity; there’ may be confliet of opinion and action be- tween the Senate and House of Representatives that would constitute @ very serious difleulty, It is pos sible, though, in my opinion, altogether improbable, that the 4th of March next may arrive without a law. ful declaration of tho olection of a now President, in conformity with the prescription of the constitution, For*that contingency no provision is mado by the gonstitution, Several of the State constitutions pro- Vide thas the Governor and other periodically elected officers shall hold over in ease of non-election or of the feilure to make a legal declaration of election; but there is, unfortunately, no sueh provision in the con- stitution of the United States, Q What would ve the remedy, and is there any remedy, in case the 4th of March should arrive with- out any lawful determination ot the two Louses of Con- kress in this respect? A. I can imagin ral remedies growing out of the ecessity of thicgs, but all of them extra constitutional, 1 Bo not believe, however, that any such contingency will arise, The people of the United States are babit- uated to the practice of self-government. They are distinguished amoug all the natious of the worid by their practical good sense in the conduct of public aflairs. We never have military pronunciamientos, such a8 Oceur so frequently in Spain and Spauisi America, Wearenot prone to insurrections, either on a large or on a gj we do nothing to overturn the government abruptly and uuder iden impulse. We have had ¢ivil wur on a large scale once, but that was entered upon deliberately and on fuil con- sideration through the action of the State governments only I or of any other effective action toward breaking up the machinery of the government of the United States, Bat in the contingency we aré supposing, the State governments do pot intervene. The precise question is of the action of the democratic ag | bee y present House of Representatives, W1! push tie matter to the last extremity, that of keeping the count open an undecided until the 4th of March? 1 do not believe so. I do not think wo have any reason to believe they will be guilty of such conduct, which, while unpatriotic to the last Shar hey oer be insanely inexpodient in so far as regards their party tuterest, For the question ia not a sectioual one and does Dot involve a sectional di- vision of the United States. Democrats and republi- cans are mixed together in all the States of the Union, And it is quite absurd, therejore, to suppose that t! democratic House of Represeutatives will promou civil war, which could not be u civil war between one section of tbe Union and another section, but in the heart of everv one of the individual States of the Union, Henee | utterly reject and discard all supposition of any such extreme action onthe part of the present House of Representatives. * § Q. But suppose we do discard all idea of civil war or Of the promotion of it by the present House of Kepro- sentatives, still may not the dilticulty drift on till the 4th of March and so leave the country without a duly deciared new President? A [do not think that will bappev, for that also would be utterly incompatible with the quality of practical good sense which distinguishes the people of the United States and their representatives in the two houses of Congress, We are in fact agg i) all the tamo what the democratic majority in the House of Representatives will do, Now, it they pertinaciously diler with tiie Senate on the point, the offect will be in the first place to leave the government of the United States tu the hands of the very persons by whom It ts now administered. The failure to elect or to declare elected the new Frosident does not dissolve the army and navy; it does not arrest the action of the federal courts; it docs not stop tne collection of revenue, internal or external; it does not displace any of the heals of departinents, executive commissions, foreign Ministers, or any other of the civil employés of the government. All these persons will continue in office, and would, in my opinion, be competont tor the discharge of all their dutics, evea in the contingency of the tomporary non-existence of any President of the, United States. That is not a state. of things which tho democratic House of Representatives can be supposed to desire, Nor, although the conatitution does not expressly pro- vide that in # cage of non-election the existing Prosi- dent shall hold over until a sew election sali bave been duly effected, yet it would not be rash to argue that such is tue implied meaning of the constitution. Doctrines of public law, us illustrated im the State constitutions, might well come in to raise such an im- Plication on the tace of the constitution, In that event, Goneral Grant would continue to exorcise the functions of President. If it be alleged that this is a violent construction of the cvnstitution I reply that it would be a much more violent construc- ton of the constitution to maintain that it intended, in certain contingcheies easy to suppose, the govern- ment of the United States shall be leit without any bead—in what 1s cailed 10 some countries an ucepha- Jous condition. If any democratic statesmay shrinks from such a supposition he will shrink, in like mao- ner, from forcing on such a contingency. While it is not to be imagined that the democratic members of the present House of Representutives will undertake to getup civil war in every State of the Union, neither is it to 4 imagined that they will pursue a course which necessarily result in leav- img the government not only under the direc- von of tho existing mombers of the Cabi- net, whose functions do not expire with o of President, and who, therefore, bold over logally, but it may be imthe hunds of President Grant bimself. Once at least in the history of the United States it occurred that twenty-four hours elapsed after the death of oue President and before the acces- sion of another. During those twenty-four hours the government went ou smoothly enough in the hands of heads of departments, If it can do so twenty-four hours it can do so twenty-four daysor weeks. It is true the case never has occurred of the President hold- ing over, but that would be much less a departure from form thanthe non-existence of an executive head of the governmént, Just as it is suid that nature abbors a vacuum, so it may be said that a political society abhors and fepels the non-existence of government. Q But suppose, however improbable 1t may be, that the House of Representatives should, either by de: erate intentiqn or by undoliberate inattention, le: the question open until the 4th of March, when it ceases to exist asa House, and @ count according to the forms of tho constitution becomes impossibie, would there be any remedy ? A, 1 do not admit the probability, scarcely the posi- bility, of such acontingency. If it occurs it is with. out any specitlc provision in the constitution, In that event it would, in my opinion, be the mgnht and duty of President Grant to summon immediately the new Congress, and it would be the duty of the new Con- ress to devisea remedy which, i! not in literal con- formity with apy provision of the constitution, yet should observe its spirit and approximate as nearly as possible to its letter. There is a law higher than all written const:tutior itis the self-existenco, and that would be the law incumbent upon the two houses in Congress. MR, MERRICK’S OPINION, Mr. Ricbard T. Merrick, whose views were given you very briefly last evening, and whose opinions aco of jmpprtance on account of his long practice in the United States Supreme Court and recognized leader- ship at the Bar of Washington, doves not wish to be understood as saying that the constitution makes the Senate the highest tribunal in passing upon the votes of the Electoral Colleges, On the contrary, he be- Neves that the constitution has provided no ultimate tribunal whatever fur this parpo-c, and this was one of the few defects In our organic law. ts requirement, in reference to the electoral vote, is that the electors shall return the el vote of the col- I ed and certified to by tatos, to the Presideut te is re- quired to open the certiticates in the presevce of the Senate and House of Representatives, and that tho vote shall then be coupted, without saying by whom the counting sbould be done. If there is any ultimate tribunal at all it is the jomt conven. tion of the two houses, which might claim to be such by implication, on the ground that the positive direction 1s that the certiticates are to bo opened and the votes counted in the presence of the two houses. Mr. Merrick also says, that tis apparent that Mr. Tilden had between 200,000 and 300,030 majority of the popular vote, and that it seems conceded that he has a majority of the electors, fnirty elected by the people. It the popular will should be defeated by any fraad practised upon the returns,’as seemed at present to be the design of the radical party, he apprehends the moat serious and disastrous conseqcences to the coun- try. And when asked where he tuought the disturb ance would cotdmence in such an event, he replied, that he could not say, but believed jt would spread over the entire country; that the people were in no mood to be trifled with, or cheated out of their liber- ties, and would insist on having the substance of a free government. as well as its form, THE ELECTORAL . VOTE, The nation still palpitates with excite- ment over last Tuesday's election, the result of which cannot yet be announced. Three States—Florida, Louisiana and South Caro- lina—still remain in doubt, either of which would give Governor Tilden a majority in the Eloctoral College, while the votes of all three would be needed to elect’ Governor Hayes. This is the situation as impartially viewed. Although this utter uncertainty prevails, the leaders and partisan journals on both sides claim all the doubtful States by varying majorities on more or less specious pretence. That the readers of the Huratp may not alone see the ae tual condition of affairs, but also how the parties view them, we subjoin tables of fhe electoral votes by States as the democrats and republicans profess to see them, in addition to our own figures. ° REPUBLICAN CLAIMS. ‘THE VOTR FOR HAYES. Majority. Votes. Pennsylvania. Rhode Island. South Carolina.. Vermont......-+ ‘Wisconsin....... ‘THE VOTE FOR TILDENe States, Mississippi..... ..- Missouri .. New Jersey. New York... Seu bee oe Bl Sear e Bo bouwotiage North Carolina, 10 Tennessee. 12 TeXaS.....++ seeeeee 40,000 8 Virginia ..... + 75,000 n West Virginia. 6 Total... 0-00 18% THE DEMOCEATIO CLAIMS. FOR TILDEN. Majority. Votes. eee 85,000 10 Arkansas 25,000 Connecticut... 8,000 Delaware. 8,000 Florida... 1,500 Georgia. 75,000 Indiana... 9,000 Kentucky. 75,000 Louisiana... 7,000 Maryland........-++ 16,000 45,000 40,000 8,000 88,000 5,000 1,000 «++ 50,000 15,000 = 80,000 657,500 Sloane ab B ok ewobetewae FOR HAYES. 7 13 1 6 8 Nevada. . 3 New Hampshire........++ 5 Ohio... eee 2 Oregon. 3 Pennsylvania. 2 4 6 10 166 THE REAL SITUATION. POR TILDEN. FOR HAYES. States, States, Votes. California......secee 6 Wisconsin ...oseeee-++ 10 184 Tot, .seeseceeeeen e106 RES ADDITIONAL RETURNS. \ ARKANSAS, - ‘THR CONTEST IN THE THIRD DISTRICT. Lrrtie Rock, Nov. 10, 1876, ‘The Congressional election in the Third district is ‘11 in doubt between Cravens and McClure (rep) AB odlolal count only result, can decide the CALIFORNIA ° . ‘THE SOUTHERN DISTRICT STILL IN DOUBT, Sax Franctsoo, Nov. 10, 1876, Returns trom tho Southern disirict do not yet cer. tainly show whether Pacheco, repablican, or Wiggins ton, domocrat, 1s elected. The chances are in favor et the former, Po ta Gemocrat, is probably elected in the Third istrict, Nothing additional bas been heard from Oregon of Nevada COLORADO, NOMINATION OF MI, CHAYFER FOR UNITED i" STATES SENATOR. * Daxvan, Nov. 10, 1876, Ln a cancas of republican membersof the Légisiavara

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