The New York Herald Newspaper, November 12, 1876, Page 6

‘Well as having force enough at command to nip it in the bud. Here the President reflecting for a moment reviewed &n important epoch im our national history, “In the case of Buehanan in 1861,” said he, “if ® temporizing, vaeiliating and undeeided policy bad not been followed there would not have been the etvil war aod its disasters, At one time had he acted with decision he might have stopped the whole thing with a brigade of troops, but he waited until the magnitude of the disturbance had got past bis control.” “Do you anticipate trouble in the South, Mr. Presi- dent,’’ I asked. “Oh, no,” he replied, with a Smile; “1 have made itarole through life never to anticipate trouble 1 never look for it until itcomes. But! believe in be- ing prepared for it and having the means at command to check it? A reference to the result of the Presidential election brought from. him the opinion he has heretofore jn- variably expressed—that Governor -Hayes is the fairly elected President, but that it isa matter of duty and Propricty to submit to the result as it will be honestly eclared upon the counting of the votes, Ue did not believe the rumor based upon a telegram said to have been received from Senator Con- over, of Florida, to the effect that that State had gone for the democrats, becauso he anderstood that Senator Conover either had not been or was not now in Florida: He expects the best results to come from the visit of the gentlemen selected to go to New Orleans in con, nection with the counting of the votes, SECRETARY CHANDLER, OPINIONS OF THE SECRETARY OF THE INTERIOR ON THR PROBABLE RESULT OP THE ELEC- TION—HAYES IS ELECTED If NOT DEFEATED ‘BY THE SHOT GUN POLICY”—WILL WoT GO TO NEW ORLEANS. Wasmarox, Noy. 11, 1876. Secretary Chandler, to the surprise of most peoplo who thought he was in South Carolina or Florida, was discovered at his desk as usual to-day in the Interior Department, When questioned regarding the Presi- dential controversy he with great serious- ness, “Hayes 18 elected, but the result will depend on the .counting of the vote of Louisiana.” Being further asked as to what would bo the result eventually, he replied. “It is all a mat- tor of guessing, and you can guess as well as I can.” He is quite worn out with his labors in New York, of Which State he does not think highly, and is of the ppinion that if it hud done more the result might have been different, From another source it 's loarned that he finds fault with tho lack of money tontributed, and on the other hand republicans find Tault with him because he 1s said to have contributed only $12,000. Later in the evening, while he was in the neighborhood of the telegraph office, Secretary Chandler was asked, “Who 18 elected?” To which he replied, ‘Hayes, if he is not killed off with the shotgun policy.”’ He pronounces ridiculous the idea of his going to New Or- leans, and, on the whole, he seems to be quite cheer- less in contemplatiog the future, Atall events, he is not in the most atniable frame of mind since the close of his political duties in New York. He called upon the President immediately after his return, and was in consultation with him for a short time, ALLEGED DEMOCRATIC PLOT. Wasutntox, Nov. 11, 1876. AN ALLEGED ENDEAVOR TO BUY UP THE RE- TURNING BOARDS OF THE THREE DOUBTFUL STATES—NEW YORK POLITICIANS AT WASH- INGTON—PRESIDENT GRANT AND SECRETARY CHANDLER AT WORK TO YRUSTRATK THE SCHEME—WHAT THE NEW YORK GAMBLERS ARE DOING. [FROM AN OCCASIONAL CORRESPONDENT. ] The following may seem a ‘wild’ statement, Dut it iven to me ag an inside view of the situation, and 1 telegraph it to help you to solve the great puzzle. I am told that the republicans have discovered a plot on the part of the democrats to buy up the soalawag || Returning Boards of Soutn Carolina, Louisiana and Florida, and this is the secret of Secretary Chandler's movements, his intention being to block the same. President Grant, too, seems to have caught the alarm, for his message to General Sherman betrays his anxiety for fair play tor Hayes, Both the republican and democratic wirepullers are running a race in the Bouth to get the first hearing with tho Returning Boards, who are believed to be utterly corrupt, and willing to hola back the figures indefinitely, so as to sell out the election to the highest bidder, John Kelly, Felix McCloskey and several other New York demo- crats are here working suspiciously. It is thought that their part of the plot isto make sentiment for Tilden among republicans in Washington, and tosoften the way for the announcement of nis election by the conciliation of some of the leading office-bolders and promising them places under Tiiden, + who, as Lam informed, ‘Doesn’t want any damned row, but wishes to go into office quietly and poaceably.”? In other words, while those who have gone to the threo States yet in doubt to buy the election for Tilden, are doing their work down ‘there, Kelly’s men are to forestall trouble here by creating the impression that Tilden is undoubtedly elected. Tho first move in this game was made last night, when the telegraph bulletins here were made to an- | nouneo universally democratic success in all the doubtful States, A well known lobbying ex-newspaper correspondent is Supposed to have been taken into tho. piot and is charged with perpetrating the as yet un- nuthenticated telogram from Senator Conover, aban- doniug Florida to the democrats. The moncy for the carrying out of the seheme is supposed to be furnished clvefly by Morrissey and the New York gamblers, who are likely to lose enormously unless Tilden is elected. Ia this connection General Garfield, who believes confi- dently that Hayes ts elected, says that tho discredit or doubt thrown over the results in South Carolina, Louisiana and Florida is the work of the New York gamblers, who; under cover of it, have. been hedging their bets om Tilden, Secretary Chandler 1s at bis desk here again. Should there be any grounds of suspicion of fraudu- lent counting on either side it should be reported and de- nounced at once, Noman worthy the office of President should be will- ing to hold it if ‘counted in’? or placed there by any fraud. Kither party can afford to be disappointed in the result, but the country cannot afford to have the result taynted by the suspreion of illegal or false returns. U. S. GRANT. * A BAFFLED GAME. , AN ATTEMPT TO OBTAIN BY FALSR PRETENCES COPIES OF THE TELEGRAPHIC DESPATCHES OF PRESIDENT GRANT, TO WASHINGTON, 48 TO THE EXCITEMENT IN LOUISIANA AND FLOR- IDA--THR DREP LAID SCHEME FRUSTRATED. Pureapgnenta, Nov. 11, 1876, Late on Friday evening a weil dressea person called at the generat office of the Atlantic and Pacific Tele- graph Company, northeast corner of Third and Quest. nut streets, and inquired for the operator on duty, who stepped upto the counter and was requested by the caller to produce certain telegrams which had been transmitted to Washington and ther points by the Pres. ident and Secretary of War, during thtaand the previous day, respecting the political excitement in Louisiana and Florida and the ordering of troops from various localities to the scene of possible trouble, alleging they were needed atonce by the President for reference, Mr. Taylor, the operator on duty, seems to have been wo!l instructed in the matter of the sacrodnoss of tele- graph despatches, and politely declined to give up the despatches except upon the written order of the President. The applicant responded that be would s00n procure the necessary order, and withdrew. In about thirty minutes he retarned and handed the operator a paper, reading as follows :— ‘Av Mn. Cumin’, 10 P. M., Nov. 10, 1870. Mr. Maxwent, Manager of Atlantic and Tel- egraph Company:—Please mve the Ben ¥ do Rpatches to Washington fen he ol sould them this evenin; Very respectfully, miatuce caf U. 3. GRANT, ‘The handwriting of the above named paper is in- tended to resemble that of the President, and all the surrounding circumstances were such as to induce the Deliet in its'genuimeness, But Mr. Taylor was a very> ‘cautious operator, and, not liking to take the respon- sibility himself, finally referred the party to the Man- agor, Mr. Maxwell, who had gone home. His address was soon procured, and, as be hives a long distance from the general office of the company, it was one o’dlock im the morning before ho was placed in posses sion of the order, Inthe meantime, having received NEW YORK from Mr. Taylor advices that led him to doubt its au- thenticity, he rightly judged that a few bourse would make no difference at that time of the ni fused to permit the despatches to be handed over to the alleged representative ef the President, stat- ing that he would be at his office at eight o'clock ip the morning and would then eomply, provided he was satisfed it was all right The disap- pointed seekor after important information, foiled in his efforts, lett the office, vowing vengeance on the company and its manager for disregarding a positive order ofthe President, Upon reaching bis office this morning Mr. Maxwell at once sought out the various telegrams tn question, and proceeded with them to the Continental Hotel and reported the facts to Secretary Cameron, who disclaimed all knowledge of the circam- Stances, but advised him to go to Mr. Uhilds’ residence and see the President in person. To Mr. Childs’ ele- gant mansion Mr, Maxwell then went, who fortunately found the President alone, and to him he stated briefly the facts as above recited, and showed the written or- der, which the President at once pronounced to be a forgery, stating that he had neither written it nor di- rected it to be written. The President thanked Mr, Maxwell for the courso he had taken in the matter and directed him to furnish none of his despatches to any one except upon his own order, properly identified. Whatever may have been the motives of the bogus ap- plicant it is fortunate that tho despatches were tn tho custody, of discreet persons, liké Manager Maxwell and his assistant, Mr. Taylor. FEELING IN OHIO. Corumavs, Nov. 11, 1876. It has been much more quiet here to-day, both sides having settled down to the conclusion that their lead- ers have been legally chosen President. There is a warlike feeling here, and a recruiting office having for its purpose the raising of @ democratic regiment to demolish the boards of canvassers in Louisiana and Florida could do a rattling business, STRO¥G WORDS. John G, Thompson, Chairman State Democratic Com- mittee, is evidently excited, as to-night he issued a pronunciamiento couched in the following emphatic language :— z It 1s anarchy, it is revolution, it is desperation of desperate mea. It will fail, The pecpla e declared by their ballots that.Tilden is elected President, of the United States by 203 electoral votes and by a majur- ity of 400,000 on the popular vote, apd the people “will see to it that their voice, expressed at the ballot box, shall be respected. Be patient, and await the rotribu- tive justice that will surely fall on the heads*ol the men who are advising this-conspiracy to break up the Republic. JOHN G THOMPSON, Chairman Democratic State Committee, HAYES CONFIDENT. Governor Hayes and the republicans generally aro confident of Hayes’ election, and do not propese to give up their taith until oficial figures decide othor- wise, Should there be any grounds of suspicion of fraudu- lent counting on either side it should be reported and de- nounced at once. No man worthy the office of President should be will- ing to hold it if “counted in” or placed there by any fraud. Either party can afford to be disappointed in the result, but the country ¢annot afford to have the result tainted by the suspicion of illegal or false returns. U. 8, GRANT, THA LOUISIANA COMMISSION. WHAT IS THOUGHT O¥ THE PRESIDENT'S PROP- OSITION. President Grant’s suggestion yesterday of a commis sion for the supervision of the Loui: 1a election re- turns elicised the following expressions of opinion, as gleaued from the parties most concerned. MR, SOUTHMAYD’S OPINION, “The demand in the Heratp this morning for an honest supervision of the Louisiana returns is one of the most sensible thoughts of the campaign,’ said Mr. William M.Evarts’ partner, Mr. Southmayd, in the cosey office of Evarts, Southmayd & Choate, No 52 Wall street, tothe reporter. ‘The Pelican State has been a bone of contention with both parties ever since the war, and a strict supervision of its administration under the eyes of a committee of honest mon is the only thing likely to satisfy both parties in this elec- tion. "Mr, Evarts is in Washington, and has been there for several days; but I have no doubt that if his name is called on he will be ready te form one of the board. We expect’him. back by Monday—that is, we think he will return to-night. In any case, if the claim 1s made on him he will be certain to respond.” MR, CHARLES 0’CONOR, while in town, uses tho office of C. Elmenburg, in room 27 of the Drexel Building, as his headquarters, but he has not been im the-city for several days, re- maining at his home at Fort Washington. Mr. O’Conor’s city habits are, tosay the least, irregular. Sometimes he appears at room 27 datly for a week at a stretch, always at about eleven A. M. ; at other times ho 1s not visible for days, citer remaining secluded at his home or spending the few hours of bis sojourn in the city among his personal or professional friends. ‘The prevailing opinion tn the office of Mr, Elmenburg 1s that he would accept a proposition to assist insuper- vising the Louisiana returns if bis health would admit of the journey. MR. BELMONT, No fears as to a journey, no matter how fraught with perils, actuate Mr. August Belmont, ‘I am not only ready, but willing to go,” hesaid, ‘*And if my pres- ence will contribute to fair play on either side, no matter whether it be Tilden or Hayes, I shall be even happy to make the journey. The political condition of Louisiana has been a deplorable one during the past eight years, and the resultof an election nas been either riot on one side or presumed fraud on the other. It is about time that this oondition of affairs ceased, and I for one am ready to assist as far as is in‘my power to that desirable end.”” * “What do you think of the idea of the commission in the abstract, sir?’’ was asked. “] think well of it. No election has taken place in the State without strong accusations of fraud against the Returning Board, ana a commission such as this, no matter what its ultimatum right be, would put the public doubt quite at rest, Itis easy to charge fraud against a party, but when its opponents enjoy a super- yision of the returns in common with Its own ad- herents such a charge fails to the ground unless they have had bond fide evidence of dishonesty.” DIX AND SICKLES, General Dix was invisible at Republican Head. quarters and equally so at his residence, No. 3 West ‘Twentieth street, and no ono sufficiently conversant with bis feelings to give a sufficient idea asto his ac- ceptance or declination of a commissionership such as proposed could be found. General Sickles, however—at the Fifth Avenue Hotel, where the Republican Committee meet in their new room on the Twenty-fourth street side—ex- pressed his opinion that General Dix would not sbirk any responsibility such as the HeRaLp’s editorial sug- ested, “It 1s a good idea,” said tho General, warmly, ‘and sh it Could be carried out.’’ ‘MR. GROESBECK is quite willing to form part of the commission. He thinks that the condensation of the commission into a ecommittée of six periecily reliable gentlemen from both sides would be far more effective than the ap- pomntment of a Jong list of supervisors such as Pi dent Grant selected yesterday. The operations a body, In his opinion, are necessarily complicated Six men, in a case like this, can do the work of sixt and the sooner they do it the better. By the workin, of a iarge body the result would naturally be retarded. That o! compact commission, such would attain the same end quite as sati with much less del: Tonly eh Mi. Hl, B. STEBBINS, at his desk in the Erie Ratlway office, was of the same opinion. He was one of the gentlemen named in the Prosident’s notice of yesterday, and was quite willing to bear part in the proposed movement, but the con- densation of the commissioners into a committee of six struck him as being much better adapted for the emergency. GOVERNOR BEDLE, A reporter called on Governor Bedle at bis office on Hudson street, Jersey City, to see what course he would take in relation to the invitation of Hon. Avra S. Howitt, President of the National Democratic Com- mittee, to participate with 3 ‘# Thurman, Bayard, Randolph, McDonald, Kernan and other prominent democrats in a visit to Louisiana to endeavor to secure an honest count of the vote. Governor Bedlo ed that he should be unable to go on account of ti sure of State business which required hia pri New Jersey. He, however, understoo Randolph would be able to go and intenyon to the democratic mai In answer to a question he and” South Carolina would = give a cratic majority wera the votes counted urely goud faith. He had, however, very little conf- dence in the Kellogg government in Louisiana, and was afraid that unfairness was likely to occur th In case Mr. Tilden was sounted out he was unable to angwer.as to what might occur; but he had faith in the people to see that nothing unfair opcurred, Regarding the order of President Grant, he thought it was a little one-sided, with a possibility of partisan- ship bebind it, though he could only say that this might be so, not that it was so. From what he had been able to see there was no reason to doubt that a Jair result would be reached, and he was confident that in this event Governor Tilden had secured at least a {air majority of the Electors) College. He did not bp- hove that Mr. Tilden would under any circumstances accept his election should any doubt of tts legitimacy exist, With regard to Governor Hayes, though he bad confidence in bis personal honesty, be was very fuck afraid of the partisan pressure which would be Senator it ad 40 signified his ra, sure to be brought to bear om 4d which he was fearful might induce bim to accept the office, THR PRESIDBNTS INQUISITORS, Wasaixotor, Nov. 11, 1876, ‘The President has requested the following prominent gentlemen to proceed to New Orleans to inspect the counting of votes in Loutsiana:—Hon. W. M. Evarte, Judge E. W. Stoughton, General- John A. Dix and General James H. Van Alen, of New York; Senator Sherman, General Garfleld and Hon. Stanloy Mat- thews, of Obio; Hon, W. D. Keely and Jobn Schoen- burg, of Pennsylvania; Hon. Courtianat Parker, of New Jersey; Sepvator Edmunds, of Vermont; General Ben- jamin Harrison, of Indiana: Senator Logan, of Illinois; and Hon J. A. Kasson, of lowa These and a few others have been invited, and atfirmative answers bave been received {rom nearly ail e SENATOR MORTON SUMMONED EAST. Say Franersco, Nov. 11, 1876, Senator Morton ts in receipt of despatehes from the East, requesting his return to render assistance in common with prominent men of both parties in allay- tng the excitement over the election, Senator Morton states to-day that he will not return to the East until the conclusion of the investigation of the Chinese question, !m which he is engaged here. He indorses the wisdom of the proposition to obtain the presence of prominent and trasted men of both par- ties to assist in allaying the present excited feeling in the South, but expresses tho belief that no serious complications will ensue, although the situation calls for prudent action. GATHERING OF LEADING ‘DEMOCRATS AT LOUIS- VILLE—THEY GO TO SEE A PAIR COUNT—I¥ HAYES HAS THE VOTE HE WILL BE BRITER THAN GRANT. Lovisvitux, Ky., Nov. 11, 1876. Senator McDonald, General James Love and George ‘W. Julian, of Indiana; Senator Stevenson, of Ken- tucky, and ex-Governor Palmer, of Illinois, are stopp- ing in Louisville en route to New Orleans. Abram S. Hewitt and party, of New York; Senators Thurman, of Ohio; Trumbull, of Illinois, and Doolittle, of Wisconsin, are expected on to-night’s trains, Mossrs. Watterson, and McHenry, of Kentucky, went to New Orleans this morning, The others namod have been coming in all day, and on the arrival of Mr. Hewitt and party will immediately depart for New Orleans. No conference whatever will take place here prior to thoir leaving. Senator McDona'd and others assure mo of this fact, saying tho party will defor any conference until all are together. Senator MeDonald and, indeod, al) are very confident of Til- den’s election, and say much of the embarrassment of their mission will be removed when definite infor- mation is received from Florida, GOVERNOR PALMER'S SENLIMENTS, Governor Palmer, in an interview, says:—'‘I ba- lieve that Governor Tilden 1s elected and, if so, will be inaugurated President next March; but thero is to be some discussion, probably, over the vote of somo of the Southern States, and I am going down there to learn the truth. I want it for my own satisfaction and that of my frionds. Before I lett home I con- versed with my friends of both parties, and they were anxious to have me go.” 1n response to an inquiry as to war in case of repub- ican fraud, ho said:—‘‘No, sir, there will be no war. Wo are all under such heavy bonds to keép the peaco that we will doit. Then, you know, if Hayes goes in ‘he will only last four years, for an outraged people jn the majesty of their power would sweep the republican party forever away at the next election. Then, too, we could live ander Hayes bet- ter than Grant. Hayes knows that there is a popular majority of over 800,000 agninst him in the Union. Although he were to get his desired electoral voto he Must feel that he is a tenant by mero sufferance, which would make his administration more conser- vative than it would perhaps otherwise be,”” EXCITEMENT IN THE ; The excitement hero is unparalleled. Great crowds surround the offices of the Courier-Journal, Evening News, &¢., and receive returns with - wildest cheers. Citizens are now serenading thoseen route to Louis- ville. ACTION OF MISSOURI DEMOCRATS. Sr. Lovis, Nov. 11, 1876. Ata largely attended meeting of the State Demo- cratic Executive Committee held this morntng, the condition of affairs in Louisiana and the South was dis- cussed. The rooms were crowded with leading demo- crats of the eity, including such representative men as Hon. James 0. Broadhead, Hon. L. V. Bogy, Hon. Erastus Wells and Hon, Charles Gibson. The follow- ing, alter some discussion, was drawn up and sub- mitted to the gentlomen to whom it is addressed :— Democratic StaTE TRAL | CommiTTER OF MissovRI, St. Lovis, Nov, 11, 1876. Hon. Lawis V. Boor, Jans 0. Broapusap, Exasrvs- Wits and CuanLes Ginson:;— GexTLemmx—In view of the pending crisis, which may be seriously affected by fraudulent canvassing 10 the State of Louisiana and the possibility of trouble to the whole country, the Executive Committee of this State deem it of great importance that representative men from Missouri, a8 well as other States, should go to New Orleans and do what can be done to secure a fair count and thus secure a satisiactory adjustment ot the reported difficulties. Accordingly, the commit- tee do earnestly request each of you to immediately proceed to New Orleans and do What you ean to secure the end indicated. Very respectfully, HENRY D. LAUGHLIN, Chairman, Wiittas H. Mayo, Secretary Democratic State Com- mittee, Each of the gentlemen named expressed his willl nessto obey the request, and they left this city in a body for New Orleans at half-past six this ovening. GOVERNOR CARROLL GONE TO NEW ORLEANS, Batiwons, M@., Nov. 11, 1876, Governor Carroll teft for New Orleans to-night, to be present at the count of the Returning Board, OHIO MEN EN ROUTE. Guncinxati, v. 11, 1876, Hon, Stanley Matthews, Job E. Stevenson and ex- Governor Noyes left tor New Orleans to-night. Should there be any grounds of suspicion of Jraudulent counting on either side it should be re- ported and denounced at once. . No man worthy the ofice of President showld de willing to hold it if “countea in’ or placed there by any Sraud. BKither party can afford to be disap- pointed in the result, but the country cannot agora to have the result tainted by the suspicion of illegal @ Jaise returns. U. S GRANT. THE. GREAT CONTEST. LIGH?® ON A COMPLEX SUBJECT—TBE FAMOUS IWENTY-SECOND JOINT RULE—WHAT MORTON AND SHERMAN HAVE TO SAX OF THE PRES- ENT PROVISIONS FOR COURTING THE ELECTO- RAL VOTE. [From the Cincinnati Commercial, Nov, 8.] MAnsrigLp, Ob1o, Oct, 23, 1876, To tux Epiror oF Tite CommeErctal:— In compliance with your request for the history of the manner in which the twenty-second joint rale of the two hou: of Congress, regulating the mode of counting the electoral vote for President, was abro- gated, I have looked through the proceedings of Con- gress at the last sossion, and find the following stages Of the action on this question :;— On the 16th of December, 1875, Mr. Edmunds, of Vermont, offered a resolution, ? Resolved, That the joint Representatives, in fo Congress, be and the Talos of the two sional Record, page 240.) After a statemont by Mr. Edmunds that his object was to obtain # report of the Committee on Rules, as to whether the joint rules of tho last session were in force without any vote at the present session, the reg- olution was referred to that committee, January 10, 1876, the Committeo on Rules, by Mr. lin, reported back the resolution with an’ amendment, making it @ concurrent resoiution of tne two houses, instead of a mere resolution of the Senate. also stated his view of the jolat rules— that they were only operative upon the two houses by acquiescence, as each house was, by the constutation, empowered to m; its own rules, Mr. Morton then moved to except tho twenty-second ho rest in force. Thereupon the ndinent went over, (Co 1876, tho resolution was ndment of Mr. Morten ex- joint rule was adopted. fr, d red a substitute, which was ro- Jected, and the resojution in the form of a concurrent resolution was adopted by the Senate. (Congressional The action of the Sei on this resolution could only he understood by a reference to the debate on & bill introduced by Mr, Morton at the beginning of the ion, to provide for and regulate the counting of ows for President and Vico President This bill was jeavi and ame 309. ‘ ° referred to the Committee on Privileges and Elections. It was reported back amended, and after much debate, passed the Senate on the. 24tb of March, 1876, by a vote of 32 yeas to 26 nays, (See Congressionas Record, paces 1,662, 1,674, 1,900, 1,910, 1,936, 1,945.) Ou the day of its passage, Mr. Thurman, who had voted jor it, moved a reconsideration. This was ao- bated at different times, bat no Snal action was had on the bill, and it is now pending 2 the Senate, On the 14th of August, 1876, message was an- nounced to the Senate that the House hat passed a resolution suspending the sixteenth and seventeenth joint rules for the remainder of the ion. The action of the House was based upon the assumption that these ruleg, together with the other joint rules of previous sessions, were stil! in force. When this an- bouncement was made Mr, Hamlin said ‘‘that we have no sixteenth and seventcenth joint rules to suspend. ’? Subsequently, on the same day, Mr. Edmunde, tn ro- sponse to the resolution of the House, offered the tol- lowing:— Resolved, That the resolution of the Honse of Represent- atives presented this day in the follow! words :~""Re- solved by the House of Key curring), That the sixte be suspended for she remainder of the session,’ ee Soint ul 01 olution of the Sonate \d transaitted to the 2d day of the same month esentatives (the Senate cou- ‘and seventeenth joint rules be respect- with the day of of Kepresentatives on the there are no juint rules in toree. And this resolution was unanimously adopted. Is seoms that the House took no action upon the resolution of the Senate renewing tho joint rules, ex- e¢pt the twenty-second joint a which regulates the manner of counting the electoral vote, nor did the House take avtion op the resolution just quoted, but assumed that the old joint rales were in forco; while the Senate early held that the jomt rules continued only during the concurrence of th ry ea, and that no joint rules were in force, Upon the main question whether either house can recede from a jomt rule adopted by a previous Con- gress Ihave no aoubt, Each house the conatitu- tonal power to adopt its Own rules of procedure, No authority can limit this power, exsept by a change of the constitution, The rules of one house do not bind its successor, unless acquiesced in or adopted by it. An act of Congress, approved by the President, cannot bind a subsequent house as to its rules and order of business, Joint rales are but the concurring opivions or rules of two independent bodies, and cannot bind their successors or prevent either bouse from recoding from them, They are matters of mutual awity and convenience, to continue which both partios agree to them, and to be revoked at the pleasure of eithe! Any other principle would troy the ind pendence of the respective houses. While, ther tore, I clear that the Senate bad the power, and did recede from the twenty-second joint rule, yet it is & matter of grave regret and solicitude that some mode of settling a disputed vote inthe Electoral College has not been provided for, for it is easy to conceive a contingency when such a dispute would involve us in a civil war, We can only hope that the good fortu: that bus attended us thus fur will continue; that t jority counting of the vote by.the Vice President, in the presence of both houses, will be so impartially done ag to commind respect and acquiescence, It is a danger that should guarded against by a constitu. tional amendment. Though | voted for the bill pend- ing in the Senate, I had and have doubts whether it was a sufiicient security. Perhaps, for the approaching count the two houses can agree upon a joint rule free from the conceded defects and dangers ot the former twenty-second joint rule, though I hope t the lar choice will be so strong in favor of Gov. that there will be no manner of doubt as to the result, Very truly yours, JOHN SHERMAN. Should there be any grounds of suspicion or fraudu- lent counting on either side it should be reported and de- nounced at once. Noman worthy the office of President should be will- ing to hold it if “counted in” or placed there by any Sraud. Either party can afford to be disappointed in the result, but the country cannot afford to have the result tainted by the suspicion of illegal or false returns, U. & GRANT. SENATOR MORTON’S OPINION. [From the San Francisco Chronicle, Oct. 21.] To tuw Eviton oy THR CHROMICLE:— To correct some misapprehension in the public press in regard to the late twenty-second joint rule of the two houses of Congress, for counting the clee- toral vote, I ask a short space in your columns, Up to January, 1865, there had been no rulo or law Togulating the counting of the electoral votes for President and Vico President, and the count had been made under the general direction only of the constitu- tional provision. At the time the twenty-second joint rale was adopted, providing the form and method for making the count and enacting, among other things, that when the two houses assembled in the hall of the House to witness the count, if any objection was made by. any member of the House or Senate to receiving auy electoral vote or votes, the two houses should im- mediately separate, and each, in its own chamber, without debate, vote upon the objection; and if the objection was not overruled by the vote of both houses, then the electoral vote or votes objected to were not to be received It was thus placea in the power of either house, by refusing to overrule an ob- Jection to an electoral voto, however trivial or imma- terial the objection might be, to have the vote re- Jected; and thus any State, or ull tho States, might be distranchised by the action of one house of Congress only. To me this provision of the rule appeared to be grossly unconstitutional and dangerous to the peace and sasety of the country; and I called the attention of the Senate to its character as early as the winter of 1871-72. When the electoral votes were counted in February, 1873, the danger and folly of the rule were strongly iitustrated. Objection was mude to countifg the vote of Arkansas, becauso the certif- cate signed by the Governor was not attested by the seal of the State, Upon this objention the two houses, voted separately, The House of Representatives over- ruled the objection, but the Senato sustained it, and the vote of Arkansas was lost. Objection was made, also, to counting certain votes from the State of Georgia, which were cast for Horace Grecley, upon the ground that Mr. Greeley was dead. This objection was overruled by the Senate and sustained by the House, and 80 thove votes were not counted. At the next ses- sion of Congress I introduced an amendment to the joint rule providing that no electoral vote should be rejected unless by the concurrent action of both houses, and afterward reported a bill from the Com- mittee on Privileges and Elections embracing the ’ amendment, and providing for a limited debate in each house Lee any objection that might bo offered to el votos. This bill, after much debate, passed the Senate by a large be ana was not reached in the House for want of time. At the last session of Con- gross I brought forward the bill, and it the Senate, On its second passage it became nearly a party question, receiving only two democratic votes, those of Senators Thurman, of Ohio, and Merrimon, of North Carolina, After the passage, and before the bill was sent tothe House, Senator Tharman mace a motion to reconsider the vote, and upon this motion no action was afterward taken, the action of the dem- ocratic members of the Senate making it cortain that the House wozld reject the bill, and so it failed the second time. The joint rales of the Senate and House expire with the end of each Congress. They are sim- ply agreements between the ‘two houses 1or methods of action in regard to particular matters, and neces- sarily expire with the Congress. Ono Congress can ,hotmake such rules binding upon a succeeding Con- ‘gress, but as theso joint raies In most respects pertain to matters about which there is no disjiute, they have been generally accepted by a new Congress witbout Teadoption, and acted upon by common consent, with the perfect understandiug, however, that it tin the power of either house to dissent irom any one or all of them. At the last session the Senate, by resolution, ex ly dissented from the twenty-second joint rule, thus taking away any argument of assont or adoption that inight be drawn from mero silence’ Tho matter now stands as if po such rule had ever been in existence, and unless further action 1s had by Congress before the day fixed for counting the votes in February, the count will haveto ve made under tho general direction of the constitutional provision, That Provision reads as follows:— “The electors shall meet in their re itive States and vote by ballot tor President and’ Vice Presiden: one of whom, at loast, shail not be an inhabitant o with themselves; they shall name in ¢ person Voted tor as President, and in ballots the person voted for as Vico President, shall make distinct hsts of all persons voted for as dent, and of all persons voted for as Vice 4 of the number of votes for each, which lists they sbail sign and certify aud transmit, sealed, to the seat of government of the United States mnt of the Senate, The Pre: the! distinct and tho; House of Representatives, open all the certificates, und the votes shall then be counted. ‘Tho person having the greatest uumber of votes for President shail be the President, if such a number be a majority ot the whole namber of electors appointed; and if no person have such a majority, then from the persons having the highest numbers, not exceeding three, on jipt of those voted for as President, the Houso of resen- ball choose immediately by ballot the Prosi- It will be observed tat this provision leaves sever: important things open to construction, The,voies of the several Electoral Colleges are to be sealed up and sent to tho President of Senate, and by him to be opened only and for the first time 10 the presence of the two houses woen thoy counting of the vote. It has rally been conside: that tho two houses are assembled, not.as a joint con- vention, or as constituting one body made up of the members of each house, but that each ts pt nt in its oWn capacity to witness the counting of the vote. The President of the Sonate is to open the peg god con- taining the electoral votes in the presenco of the two houses, ‘and the votes shall then be counted.”” By whom shall the votes be ¢ounted, and who shall deter- mine and pronounce the result? If the two houses thus assembied do not constitute & joint convention, with power in that character to count the votes and determine the result, then the two houses cannot act atall ey each in its separate capacity ; and acting in that way they could take no action which would be of a binding character unless both houses concurrea in it. Ifthe two houses cannot thus determine the result and count the votes, then it mast be done by the President oi the Sei and it will_be for him to de- ing the vote of Wi that the electors had ar on the day fixed wy Jaw, having beon pri by @ snow storm, though the vote was cast on NOVEMBER 1%. 1876—QUADRUPLE SHEET.. - v $$$ the next ;. but Mr, Mason, President of the Sen- ate, decided that the objection was not in order, and that nothing wus in order but to count the votes. Hi: decision created much discussion apd excite: at the time, and lod te quite av extended considera' of the whole subject im each house. It inay aid tbat the general current of opinion trow the beginning has been that the two hi when assembled to witness the counting of the vole, do not constitutea joint convention, or.a single body composed of Lhe mem- bers of each house, but that each bouse ts present in its separate capacity as witnesses to tne counting of the votes. As to what power or control the two houses acting separately may exercise over the count- ing of the yoigs and the determination as to who bas been elected, has been the subject of discussion, and about which there bas been a great difference of opin- fon, 1 the bill which | presented to the Senate 1 as- sumed that that the two houses by their concurrent action might control the counting of the votes. The twenty-second joint rule put it in the power of one house alone to disfrancbise any or ali the Statos, which J regarded as absurd and dangerous. 0. P. MORTON, PaLace Hors, Sam Francisco, Oct. 20, 1874 VIEWS OF WILLIAM B, LAWRENCE. , Newport, R. L, Nov. 11, 1876. This evening your correspondent called upon Hon. William Beach Lawrence, the eminent jurist and in- ternational lawyer, at bis residence at Ochre Point at this place, for the purpose of ascertaining that gentie- man’s views upon the all important question of the day—via, thé coanting of the electoral vote in case there 1s a dispute about tho yote of any State, Mr. Lawrence was found in his study surrounded with a thousand or. more egal works which form the ‘greater part. of hia extensive library, and with all the leading papers of the day before him—the editorial page of the HxuaL engaging, however, his special attention. He said the course Of the Hxxanp during the eampatgn could not but win the approval of the country at large, ana that it deserved the thanks of the nation for its tamely editorial of yesterday. After searching soveral of his Jegal authorities, with the aid of hfs private secretary, be said:— The question which you present to my considera- tion isa most important one, and cannot be satisfae- torily answered without @n cxamination into the views of the commentators of the constitution, as well as of such precedents ashave been afforded on previous occasions. tis. nob a little remarkable that shougt the provision in reference to the election of President is declared by the authors of the Federalist to be the only article of the instrument which met univeral commendation it lias signally farted in all its parts. THE VOTE OF 1800. The equal vote given in 1500 to Mr. Jefferson and Mr. Burr caused an wumendiment which- defeated the intention of having always a President selected with due reference Yo all the functiong of that high office. ‘Two men were designated for the highest offiee, either of whom might, as it wore, almost by accident, have the higher place, while the other is ready to e the position in case of death or otherwise, id who wouid naturally ‘be sélectod trom: differen: tions of the Union, which was well calculated to satisly sec- tional jeaiousies. In confiding the choice of President to “vlectors” it was supposed that wo should have the two high Presidential oificers chosen by the wisest men of the country, designated for that purpose, and irom which members o! Congress and other public functionaries were excluded. This, it was believed, would. t—especially as the electors might chosen by the State Legisiatures, which was the origi- nal practice—all popular exciiement, and, it is said in the work to which I refer, the country would alway be sure of baving in the Hxecutive chair the first statesman of the nation. XO PROVISION FOR CONFLICTING RETURNS. It 1s a fandamental principle of all jurispradence that fraud vitiates every transaction, but such was the cou- fidence of the touncers of the constitution in the puri of their ideal Electoral College and in the action of the State Legislatures in thelr selection 4t electors that, while it is provided that cach house.of Congress sh: be the judge of the elections, returns and qualifica- of its own be provision tion when there may be conflicting returns for the Presidential candidat Story and Kent have alluded to this fuck They that in tho original plan, as woll as in the amendment, no provi made for the decision of any ques- tions whi rise as to the regularity and eather tigity of the 08 Of the electoral votes, or the right of the persons who gave the votes, or the manner or circumstances in whieh they ought to be counted. MUW THM VOTKS ARE COUNTED. Tho provision of the constitution is that the Presi- dent of the Sennte’shall, im the presence of the Senate and House of Kepresentatives, open all the certifi and the vote shall then be counted, and, in the lan- guage of theamoudment, tho person baving the great- est number of votes tor Prosident shall be President ifsueh number shail bea majority of all the electors “appointed, &c. There is no other direct proviston in the congtitution in which Congress 18 named in cen- nection with the Presidency, except the one adthorizug them -(which has been done by law) ,to determine the time of choos- ing ‘the blectors aud the day on which they shall give their votes, which day spall be the same throughout the United States. ‘if there be any other power, it must be ubder the gen clause yng Congress to make all laws to cai the powers vested in the government of the United States, In the earlier elections there was no legisia- tion or joiut rules of the two houses to regulate the counting or dectaring of the votes. It was only in the election of 1864 when a joint rule was ‘Diished, in 1821 the vote of Missourt was questioned, but as that did not affect the result the simple fact was announeed that there were so many votes including thas State and so wany without it. [it 1874 tho electoral votes of Louisiana, two sets of eloc- tors having been appointed, were both thrown out, and faring be civil war the States in rebellion were exeluded by law. In covating the votes at tho lust. three. elections there was a joint rule which subjected the vote of any State to the absolute voto of either house, That rule, known as the twenty-second, the Senate refused to continue in force, and a law passed the Senate last session which, however, failed to receive the sanction of the House of Representatives, ‘which provided thatthe electoral vote or votes from any State to the counting of which objections have been made shall be rejected, except by the allirmative vote of the two heuses. ; WHAT THE HOUSE CAN DO, * Ot course it could not have been foreseen by the founders of, the constitution that the State machinery ‘would be imperfect to its end, and it seems to me that i the vote of Louisiana, of which we have no reason from Noha to augur favorably, should be frauda- lent that the House of Representatives, when thoy meet at the beginning of next month, will have the opportunity of presenting the caso in such a form as to justify them in demanding such action of the Senate as will lead to the adomion of a raie or act of Congress, which they have already by the twenty-second rule and by their proposed act de- clared to be within their competence, or, as an extreme measure to which I hope no Beceslty, to resort. will exist, [ know not why the House of Ki should not absent themselves from a joint meeting, in which case no Presidential announcement could be made, COMMENTARY ON RECONSTRUCTION. “The present condition of our affairs 1# a most extra- ordinary commentary on the reconstruction principles ofthe present administration, and which place the destinies of 40,000,000 of people at.the will of Kellogg, whom a committee of Congress agrced to recognize 43 Governor of Louisiana while they decided that he had not a maority even of those emancipated negroes on whom his el ion depended, and that his competitor, as duly elected to the office of which he was deprived by t! ction of a United States Judge, ‘under proténce of the Enforcement act, decided by the Sapreme Court, as {t regards State elections, to be ‘unconstitutional, sustaim d supported by tho mili- tary force of the government, MILITARY USURPATION, Nor does it seem that military Gsurpation bas abated any of Its force. I Know not yet what may. have bven the result in South Carolina, but it 18 ex u in that nowhere in the coust!tution can any authority be found elther for sending troops to South Carolina or for now transferring them to Lousi- ana and Florida, Nor can I deem Executive usurpation to be atoned for by th cious garb in which it presents itself, the result depends upon either Louisiana or Florida no Rhode Island democrat will fai! to remem- ber, what I trust that no naturalized citizen, whereso- ever rosident, will omit to notice, that if tho white citizens of foreign birth enjoyed here the same righys as tho emancipated slaves of the South have secured to thom by the fifteenth amendment, there never could have been any question as to Tilden’s election. There 18 another reason why tbero should be no traud ad- mitted in the electoral votes, THE RLKOTORAL COLLEGE A FAILURE. In any event Mr. Tilden his, on the popular vote, moro than # quarter of a million of votes beyond those given to his opponent, and were Hayes declared to be elected it would on e in Coyseq uence of the artifictal arrangements of the Klectorni Colleges, whose object has, as we baye remarked, most signally failed. Nor is this the first time that the system has led to the choice of & minority President. Mr, Lincoln had 1,000,000 votes loss than the aggregate given for his opponents. Mr. Lawrence expressed himself quite freely in ref. 0 to the election and keenly rogrotted that the uestion was to hinge upon the result of the votes of ouisiana or Florida, Should there be any grounds of suspicion of fraudu Tent counting on either side it should be reported and de. nounced at once. No man worthy the office of President should be will- ing to hold it if “counted in’? or placed there by any Fraud Esther party can afford to be disappointed vn the result, but the country ¢annot afford to huve the result tarnted by the suspicion of illegal or false returns. U. 8. GRANT. OPINION OF MR. BARCLAY. - Wasntxatoy, Nov, 11, 1876. Next to Major McDonald in seniority as an authority on the subject of parliamentary usage in Congress is Mr. John M, Barclay, who for twenty-eight suc- cessive years has heid the position of Journal Clerk of the House of Representatives, and ts tho author of the Congressional magual known as ‘Barciay’s Digest,” which is issued anoually to the members of Congress for their instruction and guidance. Your correspondent called upon Mr. Barclay this evening to get his views of the controversy regarding the twonty- second joint rule, In answer to almost the first question put to him on epresentatives the subject, Mr. Barclay produced tke manu- script of his emendation of the volume of the digest intended for the use of the approaching session of Congress, and pointed ont the paragrap) he has interpolated under the heading of ‘Joint Rules.” Like the author who desoribed the natural history of Ireland, and under the chapter and heading of Snakes wrote, ‘There are no snakes in Ireland,’ Mr. Barclay has been nearly as succinct in saying under the beading of Joint rules, ‘There are no join ruies;” only be has elaborated this thought into th following paragraph :— JOINT RULES Whenever the two houses may fail to adopt for the Congress the joint rules of a preceding Congress, which frequently occurs, {1 would seem under the authority conterred by the constitution upon each house (articlt 1, section 5) to determine the rules of ite proceed: ings; to be the undoubted right of each at ure, to decline further acquiescence in the en! ent of any one or all of them, and henee, although the joint rules as acquiesced in during the Forty-third Congress appear in this digest, the following proceedings, dur. ing the first session of the present Congress, would seem to indicate that no joint rales are now in jarce. Corresroxpext—You do not doubt, then, that the twonty-second joint rale dead letter? Mr. Baxctay—Not in the least. The proceedings re ferred to.in that paragraph show the fact clearly. Is the first place, the Senat@ took up the subject of the Joint rules, amended them by striking out the tweaty- second, and sent the amended rules over to the House, where they were referred to the Committee on Rales calied up; but toward the close of the House, desiring to | suspend the seventeenth joint rules, seni pro} to the Sonate for the saspen- sion of theso two rules, and was returned answer that a proposition for amendment of the rules wa® already before the House in the original action of the senate. CounxsronpeNtT—And those rules were— Mr. Barc.ay—One of them provided that no bill passing one house should be sent te the other for con- of the last three days of tho ses- that no bill or resolution which had pagsed both houses should be presented to the President for his approbation on the last day of the session, Now, the fuct is, tho two houses did inter+ change billa upto the last half hour, und the Prost dent signed bills on the very last day of tho session. Corrgsroxpent—Then the House, by sending Dilla to the Senate for concurrence daring the closing three days, and t6 the,President for signature on the last day of the session, testitied its belief that no joint rules were in force. Mr. BarcLay—That is the legitimate inference. , CorngsroxbentT—You bave witnesséd the counting of the electoral vote a great many times, Mr, Barclay. What would be the consequence if the Houge shquid refuse to sitat the cereniony ? Mr. BaxcLay—Such a refusal would be contrary te the duty exacted of Congress by the constitution. The twenty-second joint rule came into forco in 1865, but the ceremony it prescribes m part had been pretty nearly the same on previous occasions. CoxkResrONDENT.—AS matters now stand, and in the absence of any now legislation, the President of the Senate would be at liberty to open and count the elec- toral vote without asking any assistance from the House in the shape of tellers, and dec! whe resalt. Mr. Banc.ay.—He would. The constitution, whose simple provision 1s now the only law on tho subject, ways, ‘that the President of the Senate shall, in the presence of the Sonate and House of Representatives, Open all the certificates, and the votes sball then be eounted,” and there is no instruction as to how tho counting shall be done. Tho omission is greatiy te be Togretted. i Should there be any grounds of suspicion of Sraudulent counting on either side it should be re- ported and denounced at once, No man worthy the office of President shoula be willing to hold it if “counted in” or placed there by any fraud, Either party can afford to be disap- pointed in the result, but the country cannot afford to have the result tainted by the suspicion of illegal or Salse returns, U. 8, GRANT, ANXIETY IN THE CITY, CONTINUED EXCITEMENT AND INTEREST MANI- PESTED—CURIOUS STREET SCENES—THE POL- ITICAL HEADQUARTERS. A revived interest in the issue of the election during the earlicr part of the day and an almost complete cessation of popular excitement a*few hours after nightfall were chiefly noticeable yesterday. The pub- lic temper was tired of the strain which it had en- dured and seemed to need rest. Nothing absolately reliable could be obtained from the three doubt ful States, and people were wearied by the con- filcting claims which have been so persistently put forward. They were still constrained to abide by the policy of waiting, however distasteful it may be, and tm the absence of certain and assured information did not, except in the case of extreme partisans, yield much credence either this way or that, For a while the news received concerning the arrival of the Frank- lin at St Thomas with Tweed;om board diverted the public attention into other channels, but soon again election concerns were uppermost. In the hotels there was nothing of the keen interes! and ever shifting surmise which Wednesday and Thursday witnessed, and in the pool rooms the abatement of popular excitement was still more marked, But few pools were solid and most of them “hedgimg” complexion. So far as could be sailetse Mr. Tilden stood most in favor still, and cer: tainly the balance of chance in favor of carrying ont ‘State rather than three would warrant such confidence, Tho goneral feeling was that the advent of the Sabbath would greatly allay the-excitement and that people ‘would be prepared to receive the announcement of the result in a temper having some kinship to the normal condition of public health. SCENES IN THE STREETS. ‘In the streets yesterday, and especially in the vicinity of the Heratp Building and in Printing House Square, there wasa partial revival of the exoitement which had well nigh col'apsed on Friday night, It had not the same intense and feverish complexion which was noticeable the day after the close of the polis, nor was it, of course, at all sogeneral The people had accopted the eonclusion that they should bide their timo patiently, and although they observed the buile- tins of their party paper they were not so much led awa: by their partial representations. These journals still followed out their old policy, contradicted each other flatly on their balletia boards and preelaimed irrecon- cilable successes. They all, “SV their flags hung Out, and vietory, was supposed have alighted on every banner. The same three States—Louisiaua, Florida and Sonth Carolina—were still the subject of contention. Despatches from Lake City, Fia., whic) professed to be based on an analysis of the voto is counties, claimed the State for the democracy by a Jority of 1,700 votes; but as there were counter claim made by the republi¢ans the popular opinion was just a divided as it has been ny time since the closing o the polls. The jority was doubtless inclined to the behet that Mr. Tilden would bo the next President, but for hardly any better reason than that their wishes tended in that direction. Governor Hayes was at the same time contidently upheld by his partisans, and thus the battte was waged without any closer approxi: mation to the resalt. The despatch of the mt to General Sherman had not yet passed boyond all the repub- even such comment, and while the approval of licans was warm and emphatic, of the democracy as affected ister motive behind did not tomperediy, While the people were yet waiting and wishing a bew zest was given to their speculation by the announcement that the Franklin had arrived at St. Thomas with Tweed on board. I¢ turned their at. tention fora time from the issue of the election, but y ed’s vicissitudes their thoughts speedily 2 bsorving topic, and ¢| Panay in front ofthe HERALD Bulifing and any y their anxicties their hopes, The day, although gloomy, was dry, snd did not spread that general discomfort which Friday brought with 1t, #0 that the temper of the crowd was bri; i" and its speculation as to tho possibilities of 1 test more active. When the glare of the cale! was thrown upon the Hxerap bulletin board bors that had been ‘scattered through ‘thered at that point, They wero ‘uews, and waited patiently for HknaLp would sapply, being aware it it all events, be unbiased by party con: tions or preterences. ‘The first despatches which came to hand wefe but little enleulated to redece the reties “of the gather- inj condition to certainty. The} x inmati ‘al claims to the victory in Sou! Chamberlain claimed the Stato General Hampton was just as Eee cece jeans, but for the republi ad the rg supremacy of the democrats. ‘The latter certai gained more credence in the jor the excellent reason that demo- cratic. successes. found most favor im that company, and when the next despatch, which came New Orleans, told the tale it the Bae ol ee had been carried by a majority of 7, the democrats, the feelings of the crowd wero warmed up a good deal. What gave especial cy to this advice was the stat nt that it was in by large numbers of business men in New Orleans, A Calculation based on what purported to bo official returns, giving South Carolina to Tilden by a majority of less than 109, was circulated in the city during the ovening. It bad its foundation in the alleged official returns of ten counties out of the thirty- two of the State. That the por’ lar excitement was on the wane wns ovidenced the comparatively carly hour which the streets had returned to their normal condition, IN WALL STREET, The excitement in Wail street over the various re ports circulated in relation to the condition of affairs from time to time by the evening newspapers was not 80 groat yesterday as it had been on the three preced- ing daya The bulls and bears had apparently got used