The New York Herald Newspaper, November 17, 1876, Page 4

£ eanvass'ng board, would add one yote to that number deposited ia the ‘ballot boxes, or subtract one there- from on any pretence, should be tm the penitentiary. On the postmaster electoral muddle he is of opinion Yhat euch offices are not intended to be relerred to vy | Use constitutional prohibition, but on this point heis | not clear, li, however, they are officers, then all votes | ast tor such persons are bad Votes and must not be counted; but that would not necessarily leave the | hest candidate elected. He said there would | ney in the Electoral College of that State to be seeording to the prescribed forms ot law. iajor Gordon is a stapch republican, and the de- candidate on the Hayes ticket tn Indiana in Oc- | or tor Attorney General, WHAT JUDGE HORD THINKS Juige Osear B, Hord, ex-Governor of the law firm o Baker, Hord & Hendricks, cousin of Goveruor diendricks, and a former republican, 18 recognized as one of the clearest legal minds of the State He is a thorough demoe nd is most emphatic in express- ibe bis opinion on the seriousness of the situation, With 118 network of perplexing complications, He says Lbat the assumption of this villainous Returning Board of Louisiana is preposterous and revolutionary, and he cites a contingency under their programme to be that, though the returns certified to that board might show on their face 5,000 to 8,000 majority tor Tilden, yet, by the infamous ‘system of manipula. tion and arbitrary despotism of the board, this 8,000 majority returned from the contents of the bullot doxes could be spurned and ret aside and a spurious majority, created through exparte statements of an trresponsibie mob, of thousands for Hayes, “It was evident from the delay of election that Chandler and the administration manipulators intended to Count Tilden out and Hayes in,” said Judge Hord, d@ the telegrams from Kellogg and Chamberlain prove it, Observe the pecullar word- Ing of them. The democrats sent details, giving the Aggregate votes of counties and parishes, while the re- ublican returns were vague and in such phrase as ellogg’s, ‘Be easy; we will come out all right;’ and Chamberiain’s, where he says, ‘We will come out abead several thousand.’ You see these obscure and vague assurances left open the way for perpetuation of bbe infamous outrage on American citizenship which ia Bow being concocted.” On the question of the power of the joint Longressional assembly to count the votes for President, Judge Hord is emphatically of the opinion that the joint convention can deliberate investigate and take entire cognizance of all matters pro and con concerning the legality and purity ef the certitied returns laid betore the body, He thinks the constitation, while not ex- plictt, certainly does not confer any extraordimary powers on the Viee President, that it only maxes him bhe custodian of the sealed paekages of certitied re- turns from the various electoral colleges, and empow- ers him to open them bdelore ‘the jointly asgembled Congressionai bodies, but does rot authorize him to count the votes, and that there can be no such inference of power. His opinion ts net at all obscured concerning the duty of Congress in the premises, and that they must assume & grave responsibility, especially as the Magna Charta orders them to assemble in joint convention. Would our fathers have ordered us’ to assemble in joint con- vention to sit there as wooden ten divested of any tuihority, or power, or hand in tho proceed. igs? Suppose the Vice President were to piay the roll of despot and throw out votes of juch States as he chose, and when there Wasa contest count only such as he chose, thus clearly detying the will of the people, would Congress be re- quired by our constitution to sit there, gaping like idiots, thoroughly paralyzed and powerless? The idea Is absurd, On the question of the postmaster electors Judge Hord is also emphatic in the opinion that a postmaster 8 certniniy ineligible and cannot be properly voted for chosen or appointed. He thinks tbat, being ! gible when elected, he cannot be elected on that day, and that any subsequent act of bis own cannot clothe bim with powers which the constitution absolutely de- cares him incapable of possessing. a e Hord is hopetul that Pilden will be enabled by the patriotism of the country to take tho office to which he has been fairly elected by the people, ALBERT G, PORTER'S VIEWS, Alvert G, Porter, in Lincoin’s time the Congressman from this district and a lawyer of conceded pre- emivence in ability and Judgment, headed the Hayes ciectorai ticket in Indiana this year, Your cor fespondent spent an hour last night at Mr. Porte residence and heard the Presidential complication ree rowea trom all conceivable stand-points and touching all provable contingencies, Greatly abridged the inter- riew was as follows:— ConkESPoxpeNt—What opinions, have you, Mr. Por- : her. at the Presidential muddle and the best ‘road out Di ft “Mf. Portkr—Well, I can hardly say I have an Dpinion, the questions are so numerous and so complex. One might express his views on any specific feature pf the complications on the presumption that the caso resented would not be disturbed by additional eondi- but new and vexatious questions are daily a arising. ConkRsPoNDEXT—May I inquire more particularly, then, as to your views of the powors of the joint as- semblage of both aouses of Congress to count the vote of the electors jor President, and of the power of the Vice President on that occasion ? Mr. Porter—Clearly the bodies are by the constitu. Hon required simply to assembie together and be Yoles of the several States announced by the Vic President. who is explicitly empowered or commanded to open the Packages of votes, and, infere: Ually, authorized to cuontthe same. In the absen of specific and explanatory gonst'tutional clauses, we must take a reasonable view of the matter. It is Tea- sonable to infer that, when the framers of that instru- = a declared it to be the Vice Pres- duty to open the votes, they in- lended them to be immediately counted and feclared by the officer opening the packages. They use the term ‘‘immediately,”” showing that they did not propose that these votes should be mauipulated by Any one, but opened and the result deciared, right there and then, before al! Congress as witnesses. CURRNSPONDANT—But in the event of contests and irregularities where, to open and count votes certi- Ned to the Vice President, would be an outrageous dis- franchisement or muzzling of the people of a Common- Wealth, would there be no power in that joint assem- Diage of Congress to interdict, or direct, or investi+ gat Mr. Porter—I think not. They are there assembled Solely as witnesses to a merely ministerial act, The votes having been opened and counted by the Vice President in the presence of the Senate and House ot Kepresentatives, the fanction of the Vice President in the premises ceases, and there is no further require- ment for the joint presence of the two houses, ConresronpENt—Then you concede some discretion- ary puwer in the possession of tho Vice President to determine which of any contested certification of electoral votes in the Various States is to be counted? i Mr. Porter—Yes, tor Congressional investigation aud inter/ That Were loit to Congress to tamper with the electoral re- vurns from the States, conceding authority to that ‘oint body to call out the votes they choose to have younted, the popular will might be at any timo shwarted, It is astounding to me that democrats who aave championed State rights should for a moment sountenance such a preposterous theory, The eiectoral $8, AS HOW constituted, is unmistakably a Stato Errors of agrave vature might by the Viee President be referred back for remedy to the respective States where originating, or, perhaps, by some action of Cougress be so reterred, but the whole theory of ‘ onstitutienal electoral machinery of choosing a dent isthe very ideal of old fasmoned State rights democracy. Each State is called on todo its own part in ‘that job, ress and the gen- pral government really take very little part in it The States can appoimt’ the electors In any manner they desire, either by the vote oi the people, or by the legisiature, or by the governor, or 1h auy other manner satisfactory to them- Relves. Congress keeps its hands off. Even when the plectors are appointed they do not assemble in national tonlerence, and there, in a national capacity, ehoose the nationai Chief kxecutive, but they meet in their tate capitals and vote for President bus, you maintain that each State must be the arbiter of ali errors or grievances im the Electoral College business? Mr. PorteR—Emphatically so. CoRRESPONDENT—Do you think this electoral machin- It has demonstrated its ‘weakness and possibly its danger asa system, Yet if you wil glance at the Pederalist—here we have it— you Will perceive that Hamilton praises that part of ‘the federal wachinery avove all else, deeming 1t perfect, eMlicient and successtul. CoRRESrONDENT—Do you contemplate _ possibl Derious perpiexities in reaching @ result in this P’ dential Contest satisfactory to the people and just aud fair to Lhe voters? Mr. Porten—If 1 had not faith in the wisdom, prudence and mutual jorbearance of the American people 1 might be exceedingly apprehensive of the near future of our Republic; but we ‘© passed through severer crises than these, Our capucity for endurance has been sorely tested. Comnesroxpest—What are your views of these minor yet possibly most important problems ag to th postmaster clectors and the Wisconsin case ? Mr. Porter—Those matters are so distinctively techs nical that I do not feel prepared to oxpress a uecided opinion. I! they hold offices o! trust and profit, such as are referred to by the constitutional exclusion, then Shey cannot sit in the Electoral Colleges and vote tor President. But the exciusion does not apply to their eligibility in respect to election, only to their ipeligi« bility to act as electors while bolding such office, Butif It appears that they are incompetent to act at ali, then It does not appear that the person voted for and re+ teiving # Vote less than that cast for the ineligible can- didate is chosen. 1 think itis incumbent in ail such upon the State authorives to fil up the list of ctors under their power to provide for contingen- eres of this sort, of Vacancies arising from death or other causes, or of ties in tbe people's votes, &e. WHAT JODGK H. © © Jedge Horatio C. Newcomb, tormerly eaitor of the Indianapolis Journal, of lave years a judge of the Su- perior Court of this city and “recent cauuidate on the Fepublican State ticket for Supreme Court Judge, exe pressed views mainly similar to those given by Mr. Por- fer, Judge Newcomb is, however, more emphatic in his expre-sion of views as to the power of the Vice Prest- dent (0 determine what to count in tho presence of the 4 assembloge of the two houses of Co and as to the wuner juck of y volce of power vesting in that joint convention of Congress to interpose objection to she electoral vote of a State certitied in due form to th. Veee President. He thinks that the doubitfu Southern States have gone republican, or would hav love ko largely but for sbotgun intimidations, The Indge eited the fact that cities so largo as Savannah | ind AUapta have but ope or two voting precincts as sowing bow these immense popular majorities for fiden are displayed in Dixie. fe Hooted the idea that ‘ote and count in this country Tiidea popular majority. Judge Newcomb opinion as to the constitauonality o1 excluded postmaster electors that they can rebabilitate themselves or relieve themselves of ineligibility by ro- signing the objectionable office betore becommyg elect- ors; that the mere election does make electors; tad ss in the acceptance of the trust, receipt of certiil- | minority of v HERALD, FRIDAY, NOVEMBER 17, 1876.—I'RIPLE SHEET. cate of appointment and voluntary performance of the function that signifies. Moreover, he thinks that in no event is there ap election of the Tilden candi- date by a minority, the Indiana Supreme Court de- sion in the Shrievalty (Wallace vx. Eurick cas the contrary notwithstanding. He says that the de- cisiou awarding the office to the candidate receiving & because his successful opponent was declared to be ineligible is prepost VIRWS OF HENKY D. Mr. Hoary D. Pierce, son of Dr. Wiusiow 8. Pieres, 1s a younger member of the bar, but @ recognized mun of leg omen, He isa stanch democrat and bis views are, briefly, that this whole multifarious complications will in be brought into the bigher courts, where many obscure and mooted points will be parsed on. He cited the possible action of the Governors ef Califor. pia and Oregon, both of whom would re- fuse to is-ue certificates of election to the republi- maudamus would be issued ould be called op to ad can electors. Writs of aguinst them and tl judi ‘a tax-paying citizen ested in the problem of Ri would begin two actions simultaneously tocompel by mandamus the Returning Board to issue certificates of tion to the Tilden electors and the otber for a re- straining order to probibit them from certificates to the Hayes electoral candidat the postmaster electors, he thinks they are deputies and do not come under tho constitutional exclusion. or the KENTUCKY LAWYERS ON THE QUESTION. Lovrsvitix, Nov. 16, 1876. Of Kentucky's distinguished lawyers who have a reputation out of their own State, but few are now in Louisville, CAPTAIN THOMAS GINSON, a lawyer well known in the South, is of opinion that the complication growing out of the election of the Vermont Postmaster amounts to nothing, a8 he can easily resign, when the election of another person can be made by his colleagues. In regard to the Wiscon- sin muddle he believes that 1m case the elector failed to receive the full number of votes by reason of a flaw in the ballot, the democrat, elector is elected, and nothing can prevent his voting tor Tildew, Of tho Louisiana question Mr, Gibson thinks in case Congress takes charge of the matter, it cunnot do otherwise than seat Mr. Tilden. JUDGE TL. BURNETT, President of the Democratic Committee of Kentucky and Corporation Counsel of the city of has not studied the Wisconsin or and cannot speak of them. As to the gress on the Louisiana muddie he conside: twenty-second joint rule is but the spirit of that por- tion of the constitution which refers to the counting of the electoral vote, and that the constitution does not wiv power to the President of the Senate to count the vote, bui it is to be inferred that the House and Senate have power to count it, He further thinks that the Louisiana Board has not lawful power to distranchise one citizen ina parish because another in the same parish has been intimidated, and, supposing that in certain parishes some persons had refrained irom voting because of tear, the actual votes cast cannot be thrown out. HX-SECRETARY BRISTOW declined to give an opinion on t! ji not studied it thoroughly; but he rem of the weak points im our frame of government was that portion of the constitution whieh spoke of count- ing the electoral vote. He was satisfied that the twenty- second joint rule was not in force, basing bis opinion on an action of both houses of Congress at their last meeting. MR. P. J. JOACHIMSEN’S VIEWS. “As regards South Carolina and Florida,” saia Mr. Joachimsen, ‘1 do not profess to know anything out- e what I have gleanod {rom tho, newspapers, But about Louisiana I have received information from numerous personal friends in Louisiana, who are not politicians, but men of business, that Tilden has un- doubtedly carricd the State. You know people of my creed are a very enterprising race in business matters, and of course they strive to get accurate information on all occasions, Henco I have not the least doubt that Louisiana bas gone democratic.” “Do you think,”’ said the writer, ‘that in case the Returning Board declares that Louisiana has gone re- publican there will be any extreme measures on the part of the people?”’ “I don’t think that the people will proceed to vio- lence. I think they far too enlightened to take any euch ill-advised steps,” said Mr. Joachimsen, “Now, as regards the {uuctions of these canvassing boards, do you think they are merely ministerial ?”’ “About the nature of these boards in the Southern States I am not suificiently posted to give an opinion. Hero in this State the functions of the canvassers aro merely clerical, The Board receives the returns fron. the different districts and then promulgates them; this is ft aliit bastodo inthis State. Inthe three States in question tho law might make other provisions; of these, however, | am not aw: Now, t© come back f Louisiana; in case this Returning Boara elected the democrats will bring the ULefore the House of Representatives. The the power to examine on ‘the tact? whether any frauds have been committed and to decide aceord.. ingly. Now, supposing that the Senate reiuses to ing dorse the action of the House, and that Hayes will by President, the House, which 1s democratic, may proceey toanextreme measure, Ido not say that it stoul. do so, or that it will do so, but 1 might, This meas ure will be the refusal to originate any money bills. All bills of this kind must proceed from :be House, and if it does not make any appropriations, of course there are no means to carry on the administration, Then the members of the Cabinet, the postmasters aud the numorous officials will @ a opportunity to work really pro patria. Such proceedings no doubt would lead to further events which might eventuate ip the ruin of the country, but I really hope, from the bottom of my heart that there will be no occasion for any of these moasures alluded to.’? JUDGE J. 8. BOSWORTH. “With regard to the vacancies im the Electoral Col- leges of Vermont and Oregon, Judge, what do you think of them?’ asked the reporter. “1 don’t s aid the Judge, “how there can be a vacancy in the office of elector unless some one has been elected to that office by the voice of the people of the State which he claims to represent I! the votes cast for any person as an elector were void, by reason ot his being incompetent to become an elector, the condition is the same as though no votes had been giveo him; and the logical consequence would seem to be that the elector on the opposing ticket having U) highest number of vows was chosen, unless by the Jaws ol such State a majority of all the votes cast was necessary to a valid election.’* “But as to the senaing of gontlemen of both parties into the doubtiul States to see tho counting of the votes, what of that?” was the query. “As to that, sir, 1 think tbe sending of those gen- tlemen to the south is a good thing—a very good thing—provided they furnished with an oppor- tunity to see in what manner returning board deal with she votes certified to have been cast by the electors of the different parishes. There seems to bo no doubt that of the votes actually cast at the late election in Louisiana Mr. Tilden bas received a ma- jority of several thousands, and if they are to be thrown out in such number as to deprive bim of the electoral vote of the State it is yery desirable that the people of the country should have an opportunity to know precisely on what grounds the act is done; and I think, under the circumstances, the presence of those gentlemen who have gone South, if they be per- mitted to see precisely what is done, would ha tendency to restrain the returning boards from c mitting gross frauds, if a purpose to commit them exists.’ MR. WILLIAM D. HENNEN, formerly a prominent member of the Bar of Loui: ana, now of No, 51 New street, in an interview with a Hexaup reporter yesterday, said that he had no douvt whatever that tho Returning Board of that State would count out the democratic majority which had been given. He said hebad every reason to be- lieve, trom the advices of his correspondents in Louisi- ana, that the State bad given a large democratic ma- Jority, but tt will not be admitted by the Returning Board, which is composed of Governor Kellogg’s and the republican’ party’s creatures, “Do you think that the people of Loumiana would submit to such « fraud again?” the reporter asked, “Yes, I am sati-fled that they will not take the initi- ative imany attempt to secure their rights by force. Thay have been subjected to the same outrages before, ‘wie those occasions have made no demonstration in tHEIF own favor, but have earnestly wished that the w ight come when you of the North would be cmp to undergo the samo treatment, to see how you Would stand it And now the time has come when the democrats of the North must suf- fer from the fraudulent practices which Louis. jagians have borue to such an extent, and the people of Louisiana will say to their brethren of the North, ‘Now, gentlemen, you have an opportunity to quaff the cup of gail which we have been compelied to drivk of so long, and we look to you to propose some means of redress, Whatever you decide apon doing we will giadly joi with you in accomplishing,’ ” “How do you anticipate the resuit in Florida and South Carolinat” “Lhardiy know what to say in reply to that, as re- gards South Carolina, unless | say that abouts the same practices wili be put into effect there as in Louisiana, The decision of the Supreme Court there, on the spplication for an injunction to provent the Returning Bourd from ¢xere 1 power, will have some effect, no doubt, cision will be | cunnot predict. I uadet Jadges were are favorable to Hampton. Their action Yiug to & contradiction of Governor Chamber- atemont (0 (he President that the Stace was in & condition ot céftainiy goes to show that the have not vers great faith im the present Governor. if Must sa) (oie think Mr, Tiden's election depends Upon the wction of the Returning Boara of Florida. ‘The democrats can have no hope irom Louisiana. The Presence of the gentiemen who have gone there from other States wili bave no effect on the Returning Board."”’ “Do you not think that their presence will call atten- tion to the fact that the eyes of all the nation are upon them, and the ontire country looks with more 0 afluirsol the State thau ever belore?’’ | amined into the cases of inumidation, &e. ; No, Leannot think that the members of the Ro- turning Board will be influenced by any other motive than their own personal ends. They will go through the forms of law, and tben say that they are governed by the evidence produced, and from that they reach the decision that they aunounee, which w1il result in throwing out the votes of a suificient number of democratic counties to procure a republican majority in the 3} Their whole proceeding in the matter will be a perfeet farce, as it has been betore.” MR. DYRTT AGAIN, Referring to the interview published yesterday, Mr. A. R. Dyett, wuo was asked by the representative of the HBRALD to give an opinion upon the question whether, in case of death or refusal to serve of any Presidential elector, there was any provision of law for filling the vacancy, stated “that by the act of Congress of March 1, 1792 (Revised Statutes United States, fection 133), each State may by law « vide for filling any vacancy in the College of Electors when it meets to giv jectoral vote, and in this State those of the electors who assemble ut th Capitol in Albany, on the first Wed- nesday in December, shall, by ballot and plurality of vote, fill any vacancy in their number occasioned by death, refusal to verve or negiect to attend at the hour named, or by au equal number of votes being given tor two or more candidates. “Substantially the same provision exists in Oregon, by an act passed in 1864 (General Laws of Oregon, page 578, section 58), and in Vermont (Compiled Statates, page 63, section 69). 1 bave not examined the statutes of all the other States, but it may bo interesting to know that in Louisiana there is a similar provision of jaw on the same subject (Revised Statutes of Louisiana, page 562, section 2,830). In Florida there is a lik provision if the statute passed in 1846 (Thompson Digest, page 63, section 8), and in South Carolina a Statute pussed in 1868 is a cupy of the statute of our own State on the subject.” JUDGE FREEMAN J. FITHIAN. The above named gentleman said he had hoped that the victory would have been decided by round majori- ties, and not so much tiguring; but, with reference to the proper counting or determination of the electoral vote, the votes should be counted and canvassed and the results declared in precise accordance with the laws of the several States where the elections were held, There was no other way to decide the matter Itwas @ question purely local, and no outsider had anything to do with it, or ought to have anything todo with it Wherever the proper State officers have discretion to examine into frauds and alleged intimidations of voters, on com- plaint of either party, those examinations should ve made fully and fearlessly and truthfully, and all good citizens should sustain the officers in av honest effort to discharge their duties. He assumed that, as a matter of course, there is some provision of law in each State by which vacancies tu the Electoral Coilego ro to be tilled, and they are plainly tu be understood, and should be plainly understood as regards their ad- ministration and the privileges uader them, Judge Fithian claimed that the American people are emi- nently practical, and that they a w-abiding, and that, notwithstanding all the bluster on both sides, there will be a result that will be reasonably satisiac- tory all around and will be accepted by both parties, PERHAPS NOT INELIGIBLE. Ensconsed in an elegantly furnished offi nd pen in band, a gentleman well known in legal and society circles was accosted by the representative of the Heravp and his opinion asked of the present aspect of the Presidential questions and of the recent assertions regarding tho ineligibility of the electors in Vermont and Oregon, who happened to hold oifice under the government at the time of the clection. Tho counsellor was busy, too basy to pay much at- tention to politics just then, but, taking advantage of along acquaintance, the newsgatherer sought some information, and it stands as follows:— “The constitution, in article 2, section 2, prohibits the appointment of an elector who holds any office of trust or profit under the government of the United States, Tho United States Revised Statutes require | the appointment of electors to be made on tne first Tuesday after the first Monday in November. “The game in section 133 authorizes each State by law to fill any vacancy which may occur in its College of Electors when such college meets to give its elec- toral vote. “'This shows that the Cellege of Electors is and can be constitated only on the Tuesday next after the first Monday in November, and authorizes the States to provide for the filling of vacancies, bis ‘tate of New York bas provided (L. Re go 143, seé. 21,) for the assembling of the College on the first Wednesday in December, und pi scribes their first duty to be to fill by ballot and by Rr ality of votes all vacaucies im the Electoral Col- lege occasioned by the death, refusal to serve or n lect to attend of any viector, or occasioned by an equal umber of votes having been given for two or more candidates, i “This statute uses the phrase ‘Electoral College’ in the same sense in which it is used in the United States Revised Statutes; that is, as or onan the body who have been elected on the first Tuesday after the first Monday in November. ‘ow, assuming the election asa member of such {a postmaster or other person holding ollice United states, and who is, therefore, incom- petent to act, what results under the law of the State of Now York? Such clector must be assumed to be advised, by this time at least, of bie inability to act, aud be must also be assumed to be a Joyal citizen. In the ease, therefore, of his appointment elector, he would either, in the language of the New York law, Stat, ‘retuse to @ Or neglect to attend’ the meeting of the college on the first Wed- nesday” m December. Then there would be & vacancy, occasioned in the prectee manner contemplated by and specified.in the statutes of New York, and sach vacancy is to be properiy ad only by a plurality vote of the Electoral College; and, when filled, such college 1s, under the New York ally nent and may proceed to the execution of ite dutio “There would seem to be inthis no objection to fil- ling such vacancy by the new appointment of the original fappo) » if im the meantime no should have resigned his office so ag to remove the constitu. tional objection in force at the time of bis original ap- poiniment by the voters of his State, “It seems to me that this case meets all the others, and the man who may have been ineligible on election day, the day of his original appointment, may not be preciuded from being chosen a second time, perhaps to ‘fll his own vacancy.’ ”” WAITING FOR THE VERDICT. 4 BRIGHTER AND BETTER STATE OF FEELING IN THE CITY—THE RAGE OF PEACEFUL DIS- CUSSION. With the happy change of weather yesterday came a better and less anxious state of feeling in the | public mind tm regard to the results of the eleotion, Foran entire week the condition of suspense and trouble was paintul and wearisome to the last degree, Basiness bad almost reached a standstill. The outlook was gloomy aud uncertain, and there was much bitter- ness of thought one way or the other in men’s minds, With the bright sky appeared to come a brighter and more cheerful state of things. The abnormal excite- ment of the previous days, as exhibited in the unusual and eager crowds that: flocked around the bulletin boards nad considerably abated, A calm seemed to have come over the much exercised spirit of the public. Its pulse beat ata less feverish Tate, and men went about their business with more equanimity and concentration of attention A waik along Broadway anda visit to the various prominent hotels were enough to convince one that the period of high wrought excitement was subsiding, The bulletin boards in front of the different newspaper offices were still patronized, but by greatly diminished crowds, The was no obstruction of the streets and sidewalks, as upon former days; no ‘bus nor cab driv reined up their flery steeds in the middle of the busy thoroughfare to gratity the impulse of @ patriotic and pardonable curiosity; no old and in- firm gentlemen were to be seen hobbling frantically hither and thither from one bulletio board to anothi no cheering was heard to Ql the air, and altogether the streots and the atmosphere came close to putting on their old time looks, Still, though the visible tokens of popular eflerves- cence were wanting, there was a deep undercurrent of anxious interost iu the undecided aspect of the question down South, People had come ina great measure to make up thar minds in one man- ner or another as to the final result, There wero those who, believing the democratic candidate had been honestly elceted, turned their eyes toward the future with a feeling of resignation that a remedy for any traud or illegality would come trom the sober secoud thought of the people, and that a tribunal would be found to right the wrong if wrong had been perpetrated. The disposition to be calm and quietly await the settioment in a sitto and sutistactory manner of euch difficulties as might threaten the sta- bility of republican institutions was mani fest on all sides. Men who had hardly slept a wink since the night of election found rest Inst evening There were fewer taces betraying disquiet and nervous apprehension about tho futare, and there seemed a general awakening as frow a prolonged and hideous nightmare, Never was the elastic and buoyant spirit of the American charac- ter better illustrated, In other lands riot and revolu- tion under like circumstances would vow be abroad and the ansettied verdict of the vullot box would have" been relegated for decision to the sword, Happily there is an inborn conviction in the minds of Amer- feans that no bluster of demagogues and no partisan appeals to passion can ever obscure their vision of the true interests of the Republic. An astonishing amount of discussion of a legal ard political character went on allday. People who knew no more about the Electoral College a tew days ago than they did of tbe Calculus are to-day vastly en- lightened on that mysterious piece of governmental machinery. In the downtown lawyers’ offices musty old tomes, that bave been aceumalating the dust of years, were hauled from their obscurity to assist in the great hant for knowledge on tho bearings of the federal constitution, the i and = prece- dents governing the question of ineligt- ble Presidential electors, the power of the presiding officer of the Senate in regard to the count ing of the clectoral vote and the power also invested in the two houses of Congress affecting the same issue. It was an amusing feature of the hour to observe the oracular importance assumed by some feeble limbs of the law when questioned on the subject of how the constitution should be interpreted in the matter of counting the votes, A host of our lawyers have managed to sail along prosperously for years without ever disturbing their thoughts about the constitution; Dut at the present crisis they feel they must assume ‘a knowledge if they have it not, and as a consequence 4 vast deluge of absurd and incongruous opinions has been poured out til it is confusion worse confounded among those who have relied on tho lawyers for the solution of every constitutional problew. But the lawyers, nevertheless, were in great request, from the bumblest pleader at the Court of Special Sessions to the very Nesior of the Bar, Politi thought to carry about them a full load ot informa- tion on knotiy points affecting the methods of Voting, the nature turning boards, the qualifications of electors, &c., ¢ found to bo sadjy wanting on this specific branch of political mechaniem. Few men were to be tound agreeing tn to the power of Congress to go bebind the trom any of the three States now in dispute, As to the \wenty-secend joint rule, not ope in a thou- sand comprehended its scope and mexning, and men in despair gave up endeavoring to comprehend the mud- die ag it stands, ing, however, can be that the dwscussion whieh occupied almost all circles yesterday and must continue to absorb atiention lor weeks yet tocome must bave a wise and salutary influence. So far it has helped to direct itumense attention to the weak points in_ the constit tion, and it may be expected measures will be taken in ume to place the fabric of the government beyond the Tisk of a stpash up. The crowds that have been in dally attendance in the corridors of the Filth Avenue Hotel were considerably thinued out yesterday. The spiendid weather had carried ~“bundreds to tho Park and taken men’s minds away from care and controversy. That democrat was a rara avis who admitted to him- felt or anybody that any other than Tilden was duly elected President of the United States. There republicans to be found who doubted if Ha} was honestly returned, and on the whole they were much more candid and dispassionate than those of the more certain than other ip politics. The sweuring was done by the democrats, most of whom bonestly believed that their caadidate is to be cheated out of his election, and thero were threats made that trouble would come if such a thing should happen. These threats, however, were confined to the young, foolish and unthinking. The older ones, who remember and may have had sad experience of the late war, disapprove of all such talk, and, taking the advice of the Heraxp, await with patience and com- the legitimate je of the difficulty, It is nough there should be a great reaction trom traip of the past week. Hundreds of nen come upon them strongly yesterday ch who broached a word concerning There is ful disgust with the topic as a consequence of the surfeit that has ful at present whom he asks for news about Louisiana, GOVERNOR TILDEN. Governor Tilden kept, as usual, very quiet yesterday. He took bis customary horseback exercise in the after- noon and also drove out, A large number of promin- ent democrats called at the Tilden mansion, The Gov- ernor continues to be in exceilent spirits, and still takes @ cheerful view of the situation. BOARD OF COUNTY CANVASSERS. COMPLETE ¥FIGURES IN SEVERAL DISTRICTS ALREADY OBTAINED. The county canvassers yesteroay continued their work of counting the ballots cast in the city at the last election, The following are completed figures on Gov- ernor, Mayor, Sheriff, County Clerk and Congressmen in several of the districts:— Assembly ——-Governor.— ——Mayor.— Trt, Robinson, Morgan. Ely. Diz. 1 + 4,896 1, 4,937 1,614 2 4,296 4,316 868 = 4,088 4,006 880 + 6,200 6,236 1,252 5 +450 4.054 2,725 6. + 4,047 4,076 1.198 1 + S018 3,181 8,284 Assembly —-County Clerk. — ——Sherif.— Dist. — Gumbleton. Murphy. Reilly. Gedney, 1 1,945 ¥ 2 ASSEMBLi. Iy, 4,479. No opposition. 2—Thomas. Grady, 4,082. No opposition, 3—William H. Kooney, 3,414; J. C. Brogan, 1,34L 4—John Gulvin, 5,557; George Schaifel, 1,351, 5—Poter Mitehell, 4,298; George W. Bolts, 2.570, 6—Michae! Healy, 2,301; P. J. McAleer, 2,146; George W. Scully, 649, 7-1, I. Hayes, 3,420; H. N. Twombly, 2,605. 8—Martin Nachtman, 5,978; Samuel Engel, 2,043; Ja- cob Merser, 581, 9—William H, Corsa, 4,596; Andre 3,623. J. Matthewson, coRonE: Assembly Dut. Croker. Woltman, Flanagan, Stliner. + 4,007 % 4,764 1 4,35: 3,980 4,230 3,617 4,058 5,599 6,056 4084 4,484 2,786 31935 2,679 2,891 Totals.....25,214 27,089 30,418 YOURTH DISTRICT—ALDERMEN, Sheil: Slevin. il eens tals.....15,195 14,707 612 6,456 The Presidential vote in these districts has not yet been footed up. KINGS COUNTY CANVASS. The Board of Supervisors of Kings county met yes- terday forenoon, at haif-past ten o’clock, as a Board of County Canvassers, Supervisor Stillwel in the chair, The chambers were well filled with candidate: and veteated, and by poll clerks, who hud been for to make the necossary corrections im certain dis- trict returns for which they were severally responsibie, The canvassers commenced with the Kighth ward, The first district of that ward showed that an error bad been mado in giving fifty vi to Dailey for Surrogate which should ha een accredited to his opponent, Livingston. The canvassers of t Fourth distriet, Ninth ward, wi summoned to account for 100 votes for Surrogal which are unaccounted jor, In the Tenth ward a mise take was also disci dof a like character, In the Second district, El jb ward, several errors were found and the eanvassers were called upon to explain, Tee loliowing is the count made yesterday by wards:— COMMISSIONER OF CHARITIES. Cunningham. Midas. 1,669 2 Wards. Tweltth, Thirteen Fourteenth... The Board will meet again OFFICIAL VOTE IN WESTCHESTER, ‘The following are the official returns for Westchester county, omitting the vote ior local candidates and the etectoral vote, which has already been published in the Heraiv:—Robinson, 11,976; Morgan, 9,666; Dor- shenner, 11,98; Rogers, 9,682, Congress—Potter, 16,288; Brandrovb, 11,239.’ Assembly—Firat district Purdy, 5.200; angel, 3,80v;, Harman (independent), 885, 'Secund district—W, F. Moller, 5,320; Taylor, 4,040, Third district—Husted, 4,310; ‘Crats, 4,861. INELIGIBLE ELECTORS, To tar Evitor or rux Hrraup:— in answer to Messrs. Taft and Cushing, in an inter. view inthe Hxkatp this morning, permit me to call your attention to the fact that the time of appointing electors is fixed by the constitution, that the inoligi- bility alleged ie the want of constitutional requisite; 80 no existing act of a State Legisiature can mak: bie him who was not eligible on the 7th of Nov Jest, nor can any one be an elector who wus not ap- pointed on thatday., The States are uuthorized to reg- ulate the manner of selection, but tue time and quaiifi- cations are fixed by thi Reediess to add that no can make one qualifed on the 7th of Novem! Was not qualified at that time, nor cau any change sub- sequent to that date of the condition of the person then disyualined refer back to the date provided by the constitution for the appointment of qualified on It follows necessarily tbat where five were to elected on a specific day named by the constitution that the five receiving the largest number of votes and who possess the qualifications required by the consti- pea ow ne electors by the power of the constitu. ion if @ vacancy existed, as .by the death of an elector qualified and electea on the requisite day, it might be question whether State laws could fill the vacancy as & part of the manner of election; but there is no bares) At Oregon or Vermont any more than there wouid be if the name of one of the electors on the re- Publican ticket had beep the King of Dahomey. The republicans ran but four candidates for five offices, ‘There were nine candidates, and five of them who bad the highest number of votes were elected on the 7th day of November, xxx WHO SAYS WAR? BUCHANAN 18 DEAD, Newark (N. J.) Advertiser:—\We are not upon the eve of a revolution for one reason, Grant is al ve and Buchanan is dead. All the threats that are made are thrown against a grand representative of a cause, who holds that executive office means something more than advisory power to lecture other people.”” TILDEN’S MOUTHPIECE, Troy (N. ¥.) Times:—*'Tildon’s mouthpiece at Albany talks of a ‘prospect of war in every street and on every highway in the land’ unless {is master be allowed to seat himself in the Presidential chair, evea though the certified returns show that Hayes is clected.”” ARKANSAS SENTIMENT, Little Rock Gazette :—‘*Having tested the toleration of the American people by seizing and controlling for years, by arms and fraud, separate States, they now contemplate a military coup d'état by which they shall retain tbe control of all the States.”” MINNESOTA SENTIMENT. St. Paut Pioneer-Press :—‘*there would remain bat no other methoa, and that is by force, by civil war, But in the meantime General Gract will be President and Commander-in-Chief of the army of the United States until his successor is inaugurated. Aud they won't try any of that kind of nonsense on Grant.” AFFIDAVITS HELD BACK. Hartford (Conn.) Times:—*The returns are still held back; the old game of ‘affidavits’ of ‘intimidation’ is once more resorted to at the last hour; and Sheridan is ‘on hand? again. The people will accept cheerfuily any fair and honest result; but the whole country re- volts at this infamous game to set asido the actual re- sult by fraud.”” “yor mucn.”? Hartford (Conn.) Post:—'‘Edgofleld county, South Carolina, voted four years ago as follows: Grant, 3,750; Greeley, 1,113, Now, under tho beneficent Sway of the rifle clubs, it returns 3,225 democratic ma- jority! Aud it ison such returns as this that we are to concede South Carolina to Tilden and Hampton. Nos much!” HOWLING FOR WAR, Jersey City Argus:—"‘Republicans are howling for war. The oid bioody shirt having become worn out, they thirst for a new one.” . BLACK AND TAN POLITICIAXS, Nashville Banner:—“The Christian people of the country at large bave felt themselves able to bear the misiortunes of their Southern neighbors with torti- tude; but there are national interests at stake just Bow, and no dirty kennel biack-and-tan politicians in South Carolina can be perm.tted to trifle with or com- promise them.’ GRANT AGAINST PEACE. Richmond Dispatch: ‘When Grant said, ‘Let us have peace’, it would be gharity to consider him as drunk, for be hasdone nothing that tended to the es- tabishment of ‘peace’ and ‘harmony’ among the peo- ple and ‘equality’ and right among the States,” FORBEARANCE AND VIGILANCE, Colonel Forney in Philadeiphia /ress:—'‘Once more ‘we must be patient and forbearing. Threats aro no part of the republican philosophy. War is our last alter- native, Even if Tilden is chosen we must mount guard over the wild men who will control him.’” LUT US HAVE PEACE, Chicago Tribune:—‘*Would Mr. Watterson have him (Grant) imitate the imbecile and cowurdly course of James Buchanan and let madmen set fire to Louisiana, which might spread (o the whole Union if blowa by the bot breath of janatical partisans and reckless dema- goguesr”’ THERE 1S DANGER. Omaha (Neb.) Herald (dem.):—-‘We were precipi- tated into the most sapguinary civil war of history by & prevailing belief in butn sections of the Unron that such @ war was impossible. A belief of real dunger of the war of the rebeilion would have prevented 1t, With this lesson Letore us, so full of terribie memories, wo think it timely to refer to the existing danger of a graye crisis in our affairs, and also, iu doing it, to ex- press our confident hope that General Grant's intima- tiun to wend men of tue highest character to the States he names.”” NEITHER PARTY FOR WAR, Chicago Tribune:—**We venture to say that there is not a corporal’s gaara within the democratic or repub- Mean parties who contemplate war with anything like serene satisiaction, much less enthusiasm.’? waR! waR!! Terre Haute Journal:—‘The Tilden men of the North and South will not be cheated or counted out We appeal to ail our brethren, to democratic governors and democrats everywhere to stand fast in the faith, to come up to the grand work which the hour may yet call for. We say it, that these United States by a quarter of a miliion majority have ealled Samuel J. Tilden to the chair of state. The majority rules, Toe majority will fight if there are no other means to save this country. Are we cowards and slaves? Is the spirit which made us freemen and the States a republic, now dead? Let the repub Heans dare evoke the wrath of this nation We put down rebels once and it can be done agaip. All tho democrata ask 18 for ap honeat election and an honest count, amd for that they must even fight or become forever branded as dotards and time servers, when ‘she crisis calis for heroism and courage,”” BAYONKTS AND BALLOT BOXiS, Omaha Herald:—‘With United States bayonets crossed over every ballot box in the Palmetto State to enable Chamberlain’s black herds to drive white and black from the exercise of an untrammelled ballot, the plea of intimidation to account tor the victory of ‘Tilden and Hampton is a shameless and cowardly and Infamous resor. pf these minions of arbitrary power.’’ HOW MUCH WILL WE STAND? Loutavilic (Ky.) Ledger Globe :—“How much will the American people stand? That is the question; whother ‘tis nobier to suffer imposition for unprin- ctpled and desperate scoundrels or to take up arms against a soa of troubles and, by opposing, end them,’’ “HURRAH POR TILDEM,’? Cinctnnat! Gazetie :—‘'The twelve negroes murdered ‘by the bulldozers in one parish in Louisiana, because they crossed the dead iine, didn’t vote and won’t count, That’s the way the bulldozers get up free electiona Rah tor Tilden and reform,” GRANT'S “INTERFERENCE,” Columbia (8. C.) Register:—“Under other circum- stances we could but express commendation of the language of the President accompanying his orders to nis generals to exercise strict military supervision over the ballots cast in the States of Louisiana and Florida, It ia an insult and imputation upon the peo- ple of those States, even more tla:rant than his inva- sion of South Carolina was au outrage upon our citi- zens,” VROM A CHICAGO PAPER, Chicago Inter-Ocean:—"We have the whole treacher- ous democratic party North, and the whole mad and treasonable ex-rebels South, to fight in this business,” A DEMOCRATIC OPINION. The New York Journal of Commerce (democratic), after explatming the powers of,the returning boards in the disputed States, under the laws of those States, says:— The contest is not, therefore, about any possible de- Vice for miscounting, or underhand trickery lor cheat ing in the count, of the pupuiar voio, It 8 @ question as to what these several canvassing bourds may teel called upon openiy to do, and be logally justified in doing, in the way of correcting or rejecting the votes ‘bich d in their hands for compilation, If hey to make suo changes as will reverse the maj democratic partisans may rave thoughiful peeple of all parties may won| ily condemn, but we see no legal met of sot. Ing aside the inevitable result THE EXPRESS TAKES A BACK SEAT Its Owners See that Its Writers Have Made a Mistake. Is Mr. Kelly Owner or Part Owner of the Express? Does Mr. Kelly Indorse Its Revolution- ary and Secessiun Hints? WE SHOULD LIKE TO KNOW If He Does We Cannot, in Justice to Ourselves, Support Him for Comptroller. To Which Office Mr. W. is Anxious te Appoint Him. What docs the Express mean ?—New Yore Herata, The Expr?ss means that the men who have re- ceived the majority of electoral votes, with, as in the present year, 300,000 majority of the e's votes, have @ right to preside over the Govern- ment for tour a as declared in the constitution of the United States, and as sanctioned by goveroment and people from 1789 to 1876, Does the Express mean revolution? Is Mr. Kelly or Mr. Tilden responsible for this? What does the Express mean ?—New York Herany ‘The Express means that there is no law, constitu- tion, reason or patriotism which requires recogni- ton or respect for fraud in the States, reversion of law in the United States or usurpation oj power by the President or Senate. What the con- stitution commands the people will obey; what the ay, requires they will respect—no more, and no jens. What does the Express mean by “ what the law requires, they will respect—no more no less.” What does the Ezpress mean ?—New Yor« Heratp, The £xrpress means that the article in the HERALD leaving with the United States Senate aloue the settlement of the question of “who is elected President,” is ether a cowardly submission to power not quaiified to decide the case, Or an un- justifiable suggestion, in a contingency, to allow one branch of Congress to make a President. The Express is wrong in saying that it 1s “cow ardly” to submit to the law. ‘What does the Express mean?—New Yore Agratp The Express means that the HERALD on’ Tuesday used its pen, power and influence to encourage the United States Senate to decide an election oe decided by the peopie on the 7th of Novem er. Then the Express means that the election wag de- eided on the 7th of November. What does the Zzpress mean ?—New rore HeRatp, The Ezpress means what it said, that the Hous¢ is.as much the judge of the election as the Senate; that the Vice President can only open the packager addressed to him, and that, according to i» PLe+ cedent and custom, tellers (five to three) are the persons to count the votes and see if they are cor rect. What does the Express mean by telling us all this{ What does the Ezpress mean’—New Yore Herstp The Express means what it says. Will the Express tell us what it does mean? ANOTHER, WAYWARD GIRL, The police authorities have for the past week been anxiously luokiug for a young girl of fifteen years, the uaughter of a prominent citizen, who leit ber home on Saturday last in a Mt of anger at some family treubie, She is very propossessing in appearance, with dark brown eyes, long hair of the same color, a brunette in complexion and a trifle over ive ‘eet in height. She was dressed in a dark brown woollen dress, with a faint white check; plain black cioth sacque and round, brown surban straw but, trimmed with plain brown volvot. The night altor leaving home she was (raced to 3t, Barnabas’ Home, on Mulvery street, next door to Police Head« quarters, Where ‘she applied for and re- ceived lodging for the wight. The tojlowin aay she disappeared, and until Tuesday no traces ol her could be found, On that day the detectives aguin got track of her iu Westchester, atid learumg that she would take the boat for New York at a svated nour they proceeded to Peck Shp to awalt its arrival. When it came in she was not ou board, aod an investigation revealed the fact that sho had got off at the Twenty-third street landing. Stuce thea nothing further of ter whereabouts bas been obtained. Her relatives are much exorcised about about her pro- cor absence, undevery effort is boing made to Mud er. ATTEMPTED SUICIDE. Ina fit of despondency Rosa Classon, aged twenty years, living at No. 117 Canal street, atempted suicide yesterday by taking Paris green. Tne dose, however, ‘was so sinall as uot to cause alarm, and sho 1s 1n a fae way to recov: 5 A CHAPTER OF ACCIDENTS. Joshua Thompson, of No, 42 East 112th strect, was run over at Third avenue and Twenty-third street and had his leg broken. John Hogan, of No. 432 West Forty-sixth street, waa severely injured by a large stone falling on him at the corner of Thirteenth avenue and Horatio street. Jobo Dali, a boy of sixteen years, living at No. 116 Willett street, feil through a hatchway ut No, 633 Broadway and fractured his skull, He was sent to Bellevue Hospital, Henry Hanileld, of No, 447 West Fortioth street, fell from his track at the corner of Leonard street and Bro Wway and severeiy injured bis nead. William H. Clark, of No. 153 Forsyth street, fell from b's horse at Second avenue and Fourth street and Was severely injured. Sent to Bellevue Hospital A SOUTHERN TRAGEDY. (From the Jackson (Miss.) Clarion ] On Wednesday tat a colored man came to Woods ville with the information that Mr, William Sturdi- vant, his wife and three ehildren (the oldest throe years and the youngest three weeks old) were burned up im their house, Partics immediately proceed to the spot, near Perrytown, about twenty-four miles northeast of Woodville. Just betore arriving, however, ther parties were met coming from the scene, who e information that two men, negroes, had con- fessed .o the murder of Mr. and Mra. Sturdivant and firing the house, and that tho said negroes hua alroauy exptated their crime, one by being shot and the other bung. Eye witnes de. scribe the scene a8 most heartrendin, and defying description. Only the charred stom and head remaining o/ any of tuem, all their lower ex tremities being consumed. The negroes who did thit diabolical act were Chai Griggs and Wills Reed The cause is thought, by some, to have been fot money, and others that they were murdered out of pure meanness. Al any rate, the manner of its per petration surpa ything in the annals of crime that ever happened in Wilkinson county, It is sup sod that there are some others implicated, and that ready two women have been arrested as accessories, We are no advocate of Judge Lynch, but really hang- ing was too good for those devils, and if they bad been burned io the fire (which was still alive) their own hellish instinct had created the verdict of an indignant community would be, “Served them right.’” WHAT BOYS FOUND IN ARKANSAS, {From the Arkansas Traveller, Nov. 1.) Last Friday, a8 some boys were hunting on Sah Creek, about one mile and a half from Salt Creek, Sumner county, they saw the body of a naked man floating in the stream. The children soon gave the alarm and a party gathered about and took the body trom the water and began an investigation. On ex- amination two bullet holes were found In the back of the head. Tne body was stripped of every garment, except a sbirt, shoes and siockings, and the mustach partly ut or burned off. The vody had probaviy bees 1m the water ten days or two weeks, as decomposition had set tu sufficiently to doiace the countenance. 4 track was visible, showing where @ wagon ha been = driv: up to the deep hole im thr creek, where the body was found, but no evi dence gained as to who committed the foul deed. Som throe Weeks age @ young man of medium be wil dark wustache, weurng cloth shues, was ia ity of Salt City, driving a male team, with wagon. He inquired at 4 house in reference toa trac of jand, and siarted to see it, saying that he would bt back again. Ho never came, but nothing strange wat thought of it, Tae May @ one we cau leurn of being missiog 18 4 wan trom Bik countv who came to this place about the ti the supposed murdered man came with a inule team, new wagon and a load of apples, whe has jot been heard -of. case de mands tbe attention of the authorities and shoald be d out. person who com: the murder, Uy was an experieuced one and knew how to con- ceal all chanco of recognition, as the stripping of the body and cutting tho hair from the face shuw®