The New York Herald Newspaper, November 25, 1876, Page 3

THE QUESTION OF THE HOUR. The South Carolina Canvassers in a Dilemma, PeiEMPTORY ACTION OF THE COURT A Choice Between Purging the Contempt or Being Committed. THE ARGUMENT IN FLORIDA. Action Favorable to the Dem- ocrats Anticipated. THE LOUISIANA RETURNING BOARD. Republican Visitors Becoming Dissatisfied with the Proceedings. The main point of interest in political matters yes- terday was the action of the Supreme Court of South Carolina regarding the course of the Board of Can- vassers in adjourning on Wednesday last, the proceed- tongs of which culminated im the counsel of the relators deing instrucie! to draw the order to commit the Board for contempt, This will be presented to the Court this morning, when the recalcitrant canvassers will undoubtedly be incarcerated aniess some way of moliifying an indignant and outraged Court 1s discovered. In Florida the day was taken up in argument upon the jurisdiction of the Circuit Court to restrain the Governor from canvassing the vote for electore. The decision will probably be rendered to- day, and, it 1s anticipated, wil! be favorable to the power of theCourt, But two additional parishes were canvassed in Louisiana, giving no indication as to the further course of the Board, as they were‘among those oot contested. Some curious maniiestations regarding the delayed returns have excited much unfavorable somment, SOUTH CAROLINA. SENATOR GORDON ON THE GITUATION—THE STATE BOARD AND THEIR ATTORNEY TO BB EVENTFUL DAY IN THE HISTORY OF THE STATE AND COMMITTED YOR CONTEMPT—AN COUNTRY. [BY TELEGRAPH TO THE HERALD. ] Couvmnsa, 8. C., Nov. 24, 1876, To THe Epitor or rus Hraavp:— To-morrow will be an eventful day in South Caro- na and in the history of the country. The Supreme Court will commit the State Board, and probably their Mtorney, Corbin, who Is United States Attorney, to jail for contempt, unless they obey to-night the man- date of the court, This is not probable, as the Board and Corbin seem to rely on some power outside the court and above the law. ~ The jssue involved here is the whole question of a government of law or of force. It will be decided to- morrow. If the Court isto be respected and the law enforced the revolutionary action of the Board must recoil upon the party which supports it. If the courts ere overridden and the law set at naught the govern- ment js hopelessly subverted. ‘We confidently repose on the good sense of the American people, and upon their devotion toa gov- ernment regulated by law, and of law construed by duly constituted and competent courts. No graver question hasever been submitted to court or the peo- ple since the foundation of the government, J. B. GORDON, PROCEEDINGS ON THE WRIT OF MANDAMUS— STRONG EXPRESSION OF THE COURT ON THE ACTION OF THE BOARD—THE CONTEMPT TO BE PURGED OB THE MEMBERS OF THE BOARD COMMITTED TO JAIL—RUMORS OF THE INTER- FEBENCE OF THE NATIONAL EXECUTIVE. [By TELEGRAPH TO THE HERALD] Cotvaaia, 8. C., Nov. 24, 1876, The Supreme Court meta little after eleven o’cloek this forenoon. There was no great crowd attending it. A lot of field hands, to whom the proceeaings wore as intelligible as Chaldee, filled the space without the bar. Wuhin it were the counsel, some of the respondent inembers of the Board of Canvassers and a dozen leaa- ing men of the State, General Gordon, of Georgia; General B, T. Johnson, of Virginia, and several legal lights of the republican party irom Washington. The Court 18 a grave and digoified body, attired in black silk gowns, and when they entered the chamber the High Sheriff rapped and all the Bar and bystanders rése and remained standing until the judges were seated. When that officer repeated his signal and everybody took their seats Chief Justic Moses ca'led on General Cou- ner, leading counsel for the democrats, to preceed. ANGUMENT OF GENERAL CONXER, Mr. Conner rose, and in a grave and serious manner ‘read a plain, calm statement of all the facts which haa taken place in tbe proceeding from its inception in this Court. He recited how when he and his asso- ciates bad, on their first motion, asked the Court for an order on the Board probibiting them from proceed- ing, pending the pioceedings, the Court had ordered that clause stricken out, because it would not allowthe insipuation that the Board could be guilty of such a high and groat contempt as proceeding while this Court was adjudicating upon its powers. He then Stated that the Board had entered an order on their minutes that they would do nothing but add up the vote, until the Court had decided what their duties wore, and had reported this order to the Court, Ho showed that while this Court was in session and after it had passed a peremptory mandamus ordering them to issue sertificates of election to such members of the Legis- jature as their own report filed in the cause showed to have received the highest number of votes, and while their counsel was then present and had inspected the order, and while the proceeding was still going on about the Presidential electors, the Board nad cluded the democratic members of the Legislature from Laurens aud Edgefield, whom they bad shown by their report to the Court to bave received the highest pumber of votes and bad issucd cert ficates of election to the Hayes electors, to themselves, who were candi- dates (or re-election, aud adjourued sine die, The saiement was fuil, calm and judicial, and concluded With the simple allegation that it was submitted to the Court for such action as it deemed propor. ACTION OF THE COURT. The Chief Justice then sata:—''Mr. Conner, do you ask nothing trom the Court?” Mr. Conner—‘‘We thought it best to submit that matter to the Court itself.” Mr. Willard (Associate Justice)—“Why, Mr. Conner, the Court bas given you judgment. You say that our judgment has beou defied. It you are ished with it it ts pot usual for the Court itsell to originate farther proceedings. ’’ Mr. Moise, for tho petitioners, then offered ruies agaicat each member of the Board, and Mr. Corbin and Mr. Ackerman, its attorneys, io show cause why they should not be attached for contempt tor their conduct. The Court said it would make the’ rules returnable at four P. M., except as to Mr. Ackerman, which it ‘would suspend jor tue present. AN EXPRESSION PROM JUSTICN WuiGaT. To this Mr. Wright, Associate Justice, wio is a pare geyro, educated and admitted to the bar in Penusyl- Vania, sai 1 do not agroe with the Court as to the rule against Mr, Corbin. For anything that we know the Board NEW YORK HERALD. SATURDA may eatisfy this Court that thelr conduct has been | legal and that.mo contempt has been committed. In | that case Mr. Corbin would not be responsible. I did | not agree with the Court in the original order. I do | agree as to these rules against the Board, for | 1 teel it is my clear duty to vindicate the law and the dignity of this Court by seeing that its mandates are oveyed. Unicas the Board and its coun- sel show tbis Court that it has not been guilty of this contempt and that their conduct bas been legal and proper I, for one of this Court, will see that proper punishmentis meted out and the digaity of the law properly preserved and vindicated.’ ‘This annouscement from the colored member of the Court produced a sensation. Mr. Corbin then saia that he bad just noticed as ho camo into court that the writ of mandamus required a return from the Board showing what it bad done in obedience to the writ, The Chief Justice said:—“The writ has bi served forty-eight hoursago. You re required to return forthwith what you have done, The time has been fully as long as you were eatitied to, and the Court now vants to know if yoo are prepared to make the return.’ Associate Justice Willard—‘Mr, Corbin, the matter is very simple, Has the Board obeyed the writ or has it not? That isthe only question. You are the coun- sei present in court and you must koow. Mr. Corbin—I do not know, Iam not prepared to answer she inquiry of the Court.” Justice Willard—*‘Then, Mr. Corbin, as you are not prepared to answer a writ which requires an answor forthwith the Court will proceed e rules.’? Mr. Corbin—“1 will say that the Board have obeyed the writ” Justice Willard—*‘Then ‘f that is true that ends the matter, and no contempt has been commitred. Mr. Corbin—“Whatl mean to say is that, in my opinion, the Board have obeyed the mandate of the Court as for as they icgally can doso. Thatis what 1 mean. The Board having adjourned, is not competent to act further.” Justice Willard—*The Boara being {no court cannot escape its jurisdiction uniess it has committed sui- ctde.”? Mr. Corbin—*Woll, then, !t has committed suicide,” Justice Willard—-'That is trifling with the Court, Nothing but physical suicide of the individual persons composing the Board can take them out of the juris- diction of this Court.” Atthisageneral suppressed ‘‘umph’? ran through the court room, emanating from the negroes. The Ctnef Justice then called oa General Conner to proceed, wueu he offered an order directing the Sec- retary of State to issue the certificates to the mem- bers of the Legisiaturo which the Buard bad been or- dered to lasuo, Tue Chief Justice—“Mr, Conner, the Court does not see how this will do.’? Justice Willard—*‘This is not regul You bave no right to such an order. Your remedy is by tanda- mus, and you must proceed in the regular manner.”” Mr. Conner—‘‘Well, we will alter our order into an order to show cause why a peremptory mandamus shall not issue, This was done, and this.order on the Secretary of Sta was made returnable at four P. M. Also, om Wednesday, the Court mad entered an order directing the Board to show cause why a mandamus should mot is- sue to them to count the votes for electors by the county canvassers returns, amended aod corrected by the precinet managers’ returns, ali of which by law were in their hands, and report the differences be- tween them. ’? RESULT OF THE DESIRED CORRECTION, It is known that when correction is made at least two, and probably three, Tilden electors will be elected, This proceeding, therefore, was a great point in the contest, If the Court compelled the count of votes asked for by the democrats it would secure the election of two, sua may be three, Tildeu electors; if the count was refused the Hayes tors were elecied, The county canvassers’ returns elected the Hayes men, but the precinct managers’ return elect two or three Tilden men. They show 950 votes cast for Hayes and Wheeler and 260 voies cast for Tilden and Hendricks, and also show precinct returns from polling places unknown to the law and which the democrats churge are bogus and manufactured for the purpose, The democrats allege that tney are frauds. The fact ts beyond doubt that 950 votes were cast for Hayes and 250 for Tilden, and that the State canvas sera have coumted all these votes as if they had been cast for the Hayes and Tilden electors, RSTURN OF THE BOARD, To this motion to secure the co.rection of this count, Mr. Corbin, for the individual members of the Board, submitted a printed roturn, stating that it had gone out of existence, the time givon by law for count- ing the vote having expired, Justice Willard—“Mr. Corbin, do you mean to rest your client’s caso on such a defence as tha: ?”’ Mr. Corbin—"We think that this 1s @ sufficient de- fence and tbat it will appear so to the Court before this case ends.” Justice Willard—‘‘Then you assume a grave responsi- bility. Ifany judgment is sought to be obtained by the respondents in tuis cause on purely technical ground it will be at their own peril. If, alter this notice, the respondents or their counsel propose to rely on any sucn defence and it should fail them they must take the responsibility. The consequences must be with them.’’ Mr. Corbin—‘-We thought that we could make this dofence, and if it fail wo might then put in another.’” Justice Willard—“The Court has never known an instance of such a count being ailowed when it was intimated by counsel in the beginaing.’’ Mr. Corbin—'-We bad such an opinion, but it seems likely that the opinion of the Court to the contrary would prevail. ”” Justice Willard—“There is not tbe least doubt, Mr Corbin, that in this court tne opinion of tho Court as to what the law is and what the proper course is will prevail, It will prevail. ” At this Mr, Corbin seemed somewhat indisposed and sat down with a long sigh. AFTERNOON PROCEEDINGS. The Supreme Court convened at four P.M. In re- sponse to the rule issued at the morning session to the Board of Canvassers to show cause why they sbould not be attached for contempt of court tn retusing to obey its mand ssued on Wednesday, United States District Attorney Corbin, counsel tor the Board, iptro- duced an affidavit asking further time. The Court stated that il he would indicate the line of their de- fence or assure the Court that they would obey its mandamus, further time would be granted. He would pot do this, and the request was retused, The counsel for the relators were instructed te draw the order, but, as a recitation of all the proceedings was required as ® preface to the order te commit the Buara for contempt, they requested unt! to-morrow morning to file 1, The Court said they boped the Board would im the morning obey its mandate and purge the tempt; if they do not they will be committed to jail, The counsel tor relators then moved that a peremptory mandamus issue to H. E. Hayne, Secretary of State, to {esue certificates to all members of the Goneral A sembly, snciuding the counties of Edgeficid and Lau- Tens, in accordance with the order of the Court of Wednesday's session, y Associate Justice Wiliard said that the relators ought notto pray this at this stage of the proceedings, ‘as Mr, Hayne was vow in conutempl, and the Court had no assurance that be wouid obey, as he hud disobeyed their mandate already, intimating that the counsel ought, therefore, to await the result of the rule before moving this order. JUDGE WILLARD'S EXPRESSION, Judge Willard said:—*'Here we have just made a solemn decision, in which H. E, Hayne isa party asa membor of the Board of State Canvassers and as Soc- retary of Staco, If the order im tout case—an order directed to him as well as to tho others on the Boara— had been obeyed, this question would not buvo arisen. As the case now stauds an incident has occurrea, rare, in the history of civilized society. Men clothed with civil authority of limited character, subject to the courts of the iand, have placed them- selves in defiance of tho highest court im the State of South Carolina and aro now jeopardizing the securny of justice and the security of peace, They are in ao attitude of de- flance, not only against abstract law, but againat its embodiment in this Court, They have brought politi- cil death tof a moment apon the State and upon the pation. They bold in their bands a rebrand and they have applied it to the whole structure that covers us. While they are thos standing deiying the power of this Court we are now gravely considering the qoestion of issuiug another nda to this Board, 1 cannot believe that when these gentlemen come toconsider—when they come to-night to ask the favor and protection of their God—when they | Tecall the sanctity of their oath of office, Ido not | believe they will longer resist the power of (his Court, This Court is .closhed with majesty. We do not speak the voice of men; we speak in judgment, and judgment isthe voice of God. Every legal power will be ex- bausted by the Court to force from them what their conscience does not yield, and whatever loyalty, fealty And justice there isin the commubpity will be exerted to compel by force what conscience does not yield. What are we doing? What reason have we for believing that this order will be obeyed any more than the others? What reason have wo to believe that this deflance willceaser We should take into consideration the bearings of this question, The action of this Board, in my opinion, will do more to call up a generous spirit tn the people and forgetful ness of partisanship, to cause them to unite upon the high ground of justice aod truth, than anything that Y. NUVEMBER 25, 1876. has been done in the history of the country siuce its first origin. Has this Court any reason to believe that {ts process will be respected ?"” The Court meets to-morrow at ten o’clock A. M. STARTLING RUMORS. The intense interest in the situation to-day occa- moned by the contest before the Supreme Court was further increased by a startling report that the State House was to be taken possession of by United Siates troops on Monday, but which I could trace to no au- thentic source. ‘THE STORT went that the so'diers gre to be posted in the State House with instructions to allow no visitors to enter and vo members of the Legislature excopt thove hav- certificates from the Secretary of State issued under the authority of the State Board of Canvausers, ‘The effect of this, if carried out, would be to exclude the members from the two democratic counties of Edgefield and Laurens, which would leave the repub- Neans with a majority in both branches, The soldiers are to protect the republicans in organizing and then in electing Chamberlain Governor, This latter would be tne result if the two counties above named were thrown out, NOW THEY ORIGINATED, These rumors were given as emanating from repub- yican sources, and they were somewhat by aromark said to have been les fall by District At- torvey Corbin last night “Wo will let the Supreme Court see who is right.” Tho Distriet Attorney was on bis way here trom Charleston t the time, and was accompanied by an officer and squad of soldiers. AN EXPRESSION FROM JUDGE BOND. Tasked Judge Bond, of the United States Circuit Court, if there was any truth im these reports and he said, **1 don’t know anything about the matter, You news- paper men lie about me so much that I don’t know what to make of it, I bave nothing to do with polit feal mutters here. I am not stopping at Govornor Chamberlain’s house. I paid my board at the hotel and wheu I got tired there I went somewhere else, I am here toatiend to the business of my court, and if the people do not like it they can.lump it”? The Judge left the hotel because some parties in front of it hurrahed for Hampton in bis presence, : THE RUMORS DENIED, Talso inquired at military beadqaarters, and was in- formed by the Adjutant of the post that, so far as he knew, there was notoing of the sort contemplated, and that he was certuin no order had been received to Post soldiers at the State House. FRELING OF THE PEOPLE. While the citizens here and elsowbere throughout the State are biding the action of the Judiciary in patience and outward serenity, it 1s novertheless true that the profoundest excitement 1s felt, In conversa tion with a gentleman of influence and property on the situation to-day, he remarked to your correspondent:— “If the country intends to permit five politicians, three of them candidates and all of them corrupt or imbecile, to presume, in the face of the highest tribu- nal of the State, to deliberately ialsify the votes cast and elect a man whom the voters repudiatea, then it is needless to talk of the sanctity of the ballot. The Republic is gone and a usurpation or a military despot- jem will result. If,” said he, “the people of the North can stand this I presume we can, as wu have had prac- tically this form of government for eight years, but we have an abiding faith that their sense of justice apd fair play will make them promptly rebuke this out rage and permit the people, and not the corrupt oficials, to name their rulers.” Said another:—“We have, by appealing to the courts, manifested our willingness to confine ourselves to legal modes of entorcing our rights, and now an effort is made to cheat us out of the election by the revolutionary and illegal trick of a board which ad- journed while its attorneys, one the Unitea States District Attorney and the other an ex-Awtorney Gen- eral of the United States, were pleading belore the Court and asking for further time. Tho idea is ab- surd.’” “What are you going to do about it?” I asked. “Wo will go on as we begun. Got the Court to issue its orders and act upon them. This gives us the Logis- lature. Tho Legislature elects the Governor, and tho Court having decided the electoral vote, the Governor will tssue certificates to the electors” He seemed to be confident. “What do you think of the point made by the Board, that their duties expired in ten days?’’ I asked of another, “This position is untenable,” said he. “The days during which the Court enjoimed them cannot be | should bang bis Lead ip shame, final verdict which ttey will pass upon the occur. rences of the last two weeks. This veraiot will surely Vindicate their majesty an stabiish Iree govern- upon a lasting basis. I have the houor to be, very respectiuily, your obedient servant, ABRAM 3. HEWITT, Chairman Nitional Democratic Committee, General Wapx Haxrtox, Columbia, 8. C. FLORIDA. THE ARGUMENT DFFORE 1HE COURT ON THE APPLICATION FOR AN INJUNCTION AND MAN- DAMUS—SEVERE COMMENTS OF DEMOCRATIC COUNSEL ON GENERAL BARLOW'S DEFIANT SPEECH—PROBABLE COURSE OF THE COURT— ANTICIPATED ACTION OF THE GOVERNOR AND BEPUBLICAN MANAGERS. (BY TELEGRAPH TO THE HERALD.) TALLAHASSEE, Fla,, Nov. 24, 1876. The Court opened this moruing at nine o'clock and Mr. Sellers, of Philade!pbia, at once arose and began the replication of the petitioners for the injunction and mandamus, He opened with an allusion to the deflant toneof General Bariow’s speech of yesterday, which, by the way, bas become the universal topic of discus- sion, Said be:— 1 make no aliusions to the unusual scrutiny that is now bearing upou Your Honoc’s Court or to the possi+ bie criticism of lawyers, editors, or citizens on your Honor’s decision. “Such aliusions ure disrespectiul to the administration of justice and ure certainly the inost profound insult tbat i ever saw put upon a juuge in his sacred temp.e of justice. Mr, Seliers theu proceeded to argue that the :njunc- tion was no interiercnce with any executive right or fanction, but simply the restraining of ao individual from committing 4 palpadie wrong. Referring to the argument that tue Governor could be reacved only by au action for redress brought afier the act was com- mitted, he said that no court of equity would refer a petitioner for an injunction to 4 court of law lor redress uniees he could obtain perfect and tull justice after the commission o! tho uct. In iijustration, be alluded to the power of the Governor to issue death warrants, and asked if the court of equity would put a con. demved man who prayed a stay against the Governor's signing the death warrant to the nocessity of getting redress alter he bad been hang. WHO INTERPRETS THR Law? Mr. Sellers became quite impassioned when he touched the statement of Barlow, made yesterday, that the Governor must be the judge of the law when was apy doubt, Said he-— ro does this alleged right of one outside of the courts ‘0 iuterpret the law come from’ It comes With that debauchery and debasement vf puoiic seuti- 1 legal sentiment tuat begun with uit upon the right of huveus corpus ve. tore Judge ‘ancy and had its mad ending in the out- Taye of ibe svuth Curoliva Keturving Board three days ago, The Court must tuterpret the law. A criminul might just as weil claim velore a court ot Jaw that he bad committed the crime upon bis own interpresation of tuo law as to claim belore a court of equity that be must be allowed to go on in rpetratin. a wrong because bis interpretation of the jaw gave biin the riguttodo tt, This heresy of toter- pretation has corrupted our sense of exact Justice, jowered the siandards of our courts and tainied our jegul sentiment, uutil every man with Engiish bloog in bis veins, or the love of English liberty in his beart, If you ailow the Gov- ernor to determine who are your electors simply upon bis interpretation of the law, what will prevent bis jo- terpreting the law at last to mean that he can seat Your Congressmen even without the hoiding of an election ? The speaker callod attention to the fact that all the law used by the opposition was quoted from the pure and contemplative era of Kent, when, said he, there ‘Was a proper pause and doubt as to jurisdiction, But we must remember that political fraud and trickery ave made such rapid progress that the pure mind of Kent could not grasp either the situation or the remedy, We have been obliged in this day of swilt wickedbess to throtie corruption upon the very in- stunt, and invoke against giuriug outrages the peace- abie remedy of toe law that moro violent remedies sug- gested by public indignation may be avoided, THR POWRK OF EXFORCEMENT. Referring to the repeated question, if you i this Mmjuachon, may it please Your Hovor, how are you going to cnforco it? Mr, Sellers said 1 was the tre- quent remark of bis opponent yeswerday, *We a ym the language of a great criminal, ‘What are you going todo?’’? Wehad tn the North arobber and plunderer of the public, who had inirencbed himseif with all the offices of state; who had prostituted every public function and every pubiic statute to his own base and wicked purposes, aud when an indignant public came ana asked that map to account for his wrongs he expressed the same indignation that is whispered throughout the State of Florida, that be did not wish to go into a court of jus- tuce, and asked these men, What are you going to do about it? May it please the Court, 1 am here to get the judgment of this Court. 1 do not choose to as- sume that that judgment will be disobeyed. Sufficient forthe day ts the evil thereof, and if I coula think that Governor Stearns, with the interpretation of the Judiciary power, of this Si that be bad not tho power, would exercise {t, 1 should think, as 1 have frequently thought, that those whom the gods mean to destroy they first make mad. We are’ satisfied if this honorable Court will issue its sacred writ to ao- cept the Governor's disobedience of that order. Of course I feel with great force that if an attachment were moved for you would hardly imprison the Execa- tive of thisCommonwealth, and when I seo how every productive industry of this great State depends upon bis administration and 1 see how firmly ho is placed in the bearts and affection of this counted. But, supposing the Board could sit only ten days, that time expired Tuesday at midnight, whereas the Board issued its certificates on Wednesday at noon, apd then adjourned, and its action would, on that ac- count, be tilegal.” IN THE INTERIOR. While every one in Columbia is discussing the sit uation, the excitement in the interior is reported as intense, and telegrams aro flasbing back and forth con- tinually. A number of prominent gentiemen bi already arrived from different portions of the Stat and others are coming to hear tn sult on the exigency. A number of republican officials are also on band. These generally make their appear. ance when a storm is brewing. The number of visitors will rapidly increase in the few days intervening between now and the 28th, the day fixed for the assembling of the Legisiature, and unless tho problem is solved in some way before that time there may be trouble, although the democratic leaders have im- pressed upon their followers the absolute necessity of peace and good order, PATIENCE OF THE DRMOCRATS. Tt ts not probable that any violence will be attempted by the democrats, as they bave long been under abso- lute control, but the fact i# apparent that their patience is becoming sorely tried. “How long must this thing last?’ asked s gentie- man of me. ‘For cignt years wo have suffered and have been told to keep quiet; that our de! was athand. The fact is toat Hampton in the arbiter of the situation, and bis rule is evidontly peace.’’ THE LEGISLATURE. One interesting feature in tho Legislature 1s that neiwher party wili have a quorum in the House, as the Board has refused to issue certificates to members of either party in two counties, representing eight mem- bers. This leaves sixty republicans and fiity-six dem- ocrats, whereas the House should consist of 124 mem- vers, If the Court grants certificates to the demo- cratic members excluded by the Board tbey will have the majority. In po case can the republicans obtain a majority regularly, as the Court will not supply tho deticiency in their faver, and the State Board, accord- ing to its position tak bas adjourned and cannot, This may lead to serious complications. THE DEMOCRATIC COMMITTEE TO WADE’ HAMP- , TON. Hon. Abram 8 Hewitt has written the following totter to General Wade Hampton :— Nationat, Democratic Commitres, New York, Nov. 24, 1876, My Dear Sin—Your admiravie address to the peo- ple of South Carolina 18 the subject of universal com- mendation bere. In tact, the pradenee, the forbear- ance and the sell-control of your | staal under the most exusperating provocations, 1s beyond ull praise. 1 can only trast that in the exciting situation in which you will find yourself next week no outbreak will occur, It is almost too much to expect that there wili be bo indiscreet man 1m South Carolina who may provoke the collision, but, nevertheless, the provi- dence of God has so lar guided you your people in ali your difficulties that your friends rest im calm con- fidence upon the wisdom und good tortune which bave 80 far atieuded your actions. You may rest assured that your Northern brethren | have cousecrated them-elves to tbe work of your ae- | hiverance, and will never cease tbeir evorts until you restored to that freedom wherewith you ‘‘were free” by the labors and sacritives and wisdom of jathers and your jorelavbers. you and your peopie all the wisdom and all Patience needed in this hour of trinl, and in this of the destiny of our common country. We have {ull faith su the justice of th le of the people, bow thoroughly their interests are connected with bis Executive work, I must feel that Your Honor would pause a considerable length of time bee fure you would abolish that Executive. You would Ot put this State in tears, and you would not give the dowfward impulse to which that course might lead, Mr. Sellers closed bis argument on tbe injunction case by rewarking that the Governor’s affidavit, sent in yesterday, in which he said that he had not deter- mined to make the usurpation complained of, did not say that he would not do so at some future time. Heo therofore still prayed that the injunction might issue, THR MANDAMUS Cask. In trying the mandamus case Mr. Sellers called at- tention to the fact that the term of office of clectors Jasted only one day, and if its privileges were not ex- ercised them they wore lost forever, He then argued that as the sovereign will of the people had demandod that the clectors should ve elected and commissioned duly before the term of their office had arrived and expired, it was the duty of the Court to see that the popular will fin xpression. Ifthe office of elector was one which was to be filled at some distant time or ‘was occupied by some incumbent who could perform its duties, the Court would nut Se under the necessity of compelling the Board to proceed to the periormance of its regularly appointed duties, but this not such acase. 1{ the Board is not forced to begin its work belore the 6th of December the sovereign demand of the people will be disrogarved, and Fiorida will have no electors through whom its vote might be cast He begged the Judge to remember that he was not asked to influence the action of the Canvassing Board, but simply to order that it shali go to work ana perform ite duties as directed by law. The counties are sepe- rate, add noue of them cau modify or change the canvassing of the returns of any other, and no harm could result from the opening of the canvass at present Relerring to the alleged clam, thar if the Board did not act by the Gib of December the Governor would have the right to canvass the vote, be asked if in the year 1368, wheu the Legisiature was charged with the duty of choosing the electors it had tailed to do so the Govoruor would bave had the right to appoint a set of electors, He said it was plain that if tnis Board did not canvass the vote and determine tne result, Fiorida would have no vote In the Electoral College. The choice of the President would be thrown to the House, ana Florida would then have » voice through her rep- reseniatives in Congress, GENERAL BARLOW’S RESPONSE. General Barlow foliowed Mr. Sellers in reply. He made no new points, but contented himself with repeating bis argument of yesterday, He was much more politic in bis statement, although he adherod to tho positive assertion that the Court bad no jurisdic. Mon 19 the matter before It. He in cautioned the Juage to be careful of hw reputation in deciding a question that would bo reviewed, if not uitimately de- cided by tue best judgment of the country, Upon closing bis speech, which was quite brief, General Bar- low retired {rom the court room and did not appear again. GOVERNOR BROWN'S ARGUMENT. General Barlow was toliowed by ex-Goveroor Brown, who read a written opinion going to show thatthe power to vanvai the Board of Canvassers. The gument was logical and convincing and is considered a settiement of that United States, and we do not entertain a doubt of the part of the Uasé, beitg 4 closcly technical argument —WITH SUPPLEMENT. No parts of it can be committed to the telegraph without doing ‘njustice to the whole. JUDGE EMMONS’ REMARKS. Judge Emmons closed for tne Governor and the Bord. He said he was sorry that the possibility of Fesistance to the ediet of the Court had been alluded ta It was understood that he was atiempting to do away with the bad im- Pression made by the defiant and balf contemptuous tone of General Barlow, At the cose of xn able speech he stated that he could not consent to hold it possible that the board would not mect be. fore the 6th and canvass the voles and furnish the title to electors who should cast Fiorida’s voia He held it te be mandatory that the board should meet betore the 6th, directory as to what day before that time they selected, COLONEL BIDDLK’S SreZCH. Colovel Biddlo, of Philadelphia, closed for the peti- Mouers Hi of government would furnish a general principle that would reconcile all she cases quoted. are three departments of the law—the Legisia- ture, which makes the laws; the Executive, that must execute them, and the Judicial, that shall con-" strue them where doubt or issue exists. No court could stop the Governor in his exercise of a constitu. Monal right. The Court can construe the meaning of a Legislative enactment that puts an extra duty upon the Governor, Colonel Biddle, in stiflening the Court to ite duty, said the Governor may resist if be will; he may call federal troops around him and dety your officers—all right. When he issues bis certiti- cates in open deflance of your decision a set of electors zo to Washingion with a tainted title, and the representatives of the people will fee to it that itis properly investigated. Ia alluding to the tone of General Bariow’s speech of yesterday and objecting to its contemptuous notice to the Judge that be had no means of enforcing his mandates Colonet Biddle became quite indignant, aud when on the edge of a very vehement remark checked himself suddenly and said:— “No, 1 will not say that—I will not say that.’? KYFRCT OF THE SPERCHER. The Court adjourned until #ix o'clock. The demo- crats are very contident to-day and congratulate them- selves on the speeches of their representatives, ‘Yhey are quite buoyantover their prospects of a decision to-night or to-morrow. They do not pretend to say that the Court’s dictum will be obeyed, but they fee! that the decision wili strengthen their case and demonstrate that velore every impartial tribunal they have the weight of argument, THE ANTICIPATED DECISION, The Judge will render his docision to-night or to- morrow, There is hardly any doubt that it will bo favorable to the democrats in both cases, * COURSE OF THE REPUBLICANS, It is doubsiul what course the republicans wil! pur- sueinthisevent, It is said that they will make a virtue of necessity and, convening the State Hoard, begin the count at once, Indeed it is whispered the board wilt be called im the morning Lefore the Court has given its decision. This I do not regard as possibly true, While 1 doubt if the Governor or the board would openly resist the mandates of the Court—for I notice a perceptible retreating trom their deflant and ugly position of yesterday—there are other ways of securing the delay that they seem to consider 80 essential to their plans. An appeal to the Supremo Court wuuld delay both cases fer three days if it did not reverse tho decision of the lower court. I see that the two non-resident members of the Supreme Court have reached the city, ana they may have come at the ‘nasance of tho Governor. This looks like as if an appeal was contemplated, There was a rumor here this evening that General Ruger and a number of tho troops here had been or- dered to Columbia immediately. 1 fail to find any confirmation of the rumor. Mr. Manton Marble denies positively that hecon- ceded the State to Hayes in a conversation with Gov- ernor Stearns. Qn the contrary, be is perfectly sure that the democrats have carried the State, The demo- crats here are in receipt of scores of telegrams from all parts of the North and West, urging them to stand firm and declaring that they sball be backed tothe very utmost. The West especially seems to be ex- cited. LOUISIANA. TWO ADDITIONAL PARISHES CANVASSED—TEE PRESS EXCLUDED FROM THE MEETINGS OF THE BOARD—EVIDENCES OF A PUBPOSE TO THROW OUT THE DEMOCRATIC PARISHES AC- CUMULATING—A UNITED STATES SUPERVISOR THROWING OUT POLLS ON THE GROUND OF INTIMIDATION. (BY TELEGRAPH TO THE HERALD. ] New Ornveana, Nov. 24, 1876. The Returning Board canvassed two more parishes to-day. The only prominent incident connected with to-day’s procceedings was the presentation of the reso- lations soliciting admission, adopted at last nights meeting, of newspaper correspondents, The request, which was preferred by a committee of the whole, was denied, Mr. Wells informing them that the com- munication would not even be received, INTIMIDATION AFFIDAVITS. In the parishes considered to-day, official returns from which were received by the Returning Board on the 17th, aMdavits of intimidation were found in tho sealed envelopes sworn toin New Orleans on the 22d. In the case of the parish of Natcbitoches, in which five electors on both sides were omitted from tho ticket polled, a letter was opened from the United States Supervisor assuming (he responsibility on the grounds of a clerical error, and it was then announced that this parish would be reconsidered. This case was relied upon by the democrats as establishing a precedent for the non-counting of the republican electors not voted for in the Fourteenth Senatorial district, and the new move made to-day 18 regarded as an indication of their intention to get in these votes upon s similar pretext, THE DELAYED RETURNS, As the Board still claims that no returns have yet been reccived from thirteen parishes—namely, Bossier, East Baton Rouge, Carroll, Franklin, Grant, Living- ston, Lafayette, Morehouse, Ouachita, Red River, St. Landry, Tangipahoa and Webster—and as it is posi- tively known that they were ail seut to the city in time to bave arrived long ago, an informal meeting of citizens from the country was held to-day to take the matter into consideration, Upon application to Mr. Wells he denied that toe Board had any power to compel supervisors to send in their roturns. Another meeting was subsequently held, at which a com- mittee was appointed to wait upon Governor Kel. logg to-morrow morning and invoke his power to com. pel these recaicitrant supervisors to do their duty. Fens oF poctorixa, As all these parishes, with the exception of two or three, are heavy democratio parishes it is fearcd that they have been selected for doctoring, and it is ru- mored that they are now undergoing that process in one of the rear rooms of the State House. The pubitca- tion of an extra containing the New York Hena.p’s leader of to-day created a littic ripple of excitement; otberwise everything was remarkably quiet. AN ASSUMING SUPERVISOR, In the case of Eust Baton Ruuge, returns of which were opencd to-day and postpoved lor consideration until Monday, the Supervisor was tound to have as- sumed the powers of the Board, and only returned ‘seven out of the fourteen polls, throwing out the others on the ground Of intimidation. The democratic com- Mittee profess themselves to have been somewhat startled at this, but are quietly awaiting the issue. SENATOR BHERMAN ON THE BOARD. This evening, in & conversation with your corre- spondent, Senator John A, Sherman expressed himself as more than displeased at tho action of the Returning Board in retusing admission to the representatives of decenoy, and for which there could be no possible excuse, From anumber of remarks he uttered it is evident that he bimself, as well as other of the repub- lican visitors, are far irom sustaining the Board in their contradiciory rulings aud partial decisions The opinion is fast gaining ground here that even the re- publican committee will not sapetien actions now daily enacted. PROCEEDINGS OF THE RETURNING BOARD. New Onieays, Ls., Nov. 24, 1876. The Returning Board mot at nall-past eleven o'clock, all the members being present. The democrats were Smith represented by Messrs. Palmer, Trumbull, G. and Juliao, and the republicans by Messrs. Sto ig been read, Governor Wells stated that after the adjournment yesterday ho had fecolved @ communication from the Suporvsor of id that ap analysis of the composition | There | | ot Natchitoches stating that the namcs of no electors bad been left off the tickets. A report from the Supervisor was road, in which it was stated that in Ward No. IL the vote for Hayes electors was 512 and for Tilde, elece tors 173; that it was thought only necessary to cou the vote for eloctors at large and the elector for the Fourth Congressional district, The report was trom the United states supervisor. ; Colonel Zachurie asked whether returns could be corrected by outside testimouy. Governor Wells answered that It waa not the testte mony of ap outsider, but of Comunssioners of Elec tion, Colone! Zacharie inquired if the statement was in the returng when opened, Governor Weils repiied in the negative. Colovel Zacbarie asked if democratic counsel would be afforded an opportunity to contradict the state. ment Governor Wells said it would, but that statement could only be contrad,cted by the bailots themsel Coionel harie asked if the ballots would be for. Govervor Wells said they would telegraph for them, that they woud uot delay the consideration of the case when it came up. Mr MeGloin asked if the ruling of the Board would be moa'fied ip rejation to aamitting counsel. Governor Wells said it would vot, Mr. Daphonte, on the purt of the correspondents, presented au application lor admittance. G nor Wells instructed the clerk to read a arti trom the Nashvillo American of November 19, reflecting upon the Board, Tbe same was a special t¢ the Cincinnati Inquirer of the 18th tast. from } Urieans. He said, in view of this fact, be could not allow the presence of corresp2adents, Mr. Daphonte urged that tbe whole newspaper fra teraity could not be held responsible tor the actions & individuals, Governor Wells adhered to the raling. Judge Trembull and Mr. Smivh both condemned im strong terms the expressions contained in the article. Colonel Zacharie read a communication {rom Colonel Bush pressing the election of Dr. Hugh Kennedy to fill the vacancy on the Board. Governor Wells said that « similar request was made on Toursday. He bad decided that the clerical force was full; but if tuere was need of an increase to it th democratic recommendations would be considered, but the Board bad not determined te appoint Dr. Kennedy, Mr. MeGloin read @ motion for an amendment of the rules. Governor Wolls said the rues would not be chan; Mr. MeGloin aiso read a petition on behalf o! citizens asking represeniation, and also an application the democratic gandidates tor representation among the clerks who tabulate the returns, both of which wore refused. Judge Spofford asked that a day for taking up the coutest in East Baton Rougo be fixed. Governor Wells suid he would fix Monday, It was further stated that St Martin’s would be come sidered to-day, and Ouachita opened thereafter, ‘On application by Judge Spotford the Boara directed an officer to go in search of the rest of the reiurog trom Morehouse, Tow Board then went into executive session, APPLICATION OF NEWSPAPES REPRESENTATIVES FOR ADMISSION TO THE SESSIONS OF THE RETURNING BOARD—REFUSAL OF THE Rie QUEST AND THE REASONS THEREFOR. New Oruuans, Nov, 24, 1876 The following cummunicatioa was delivered to the Returning Board to-day :— Hon. G. Mapison Wxiis, President Board of Retura Otlicers, &c. :— Ata meeting of newspaper correspondents, held in this city last. might, the foilowing journals were represepted:—New York Staats Feng New Youu HeraLp, New York Sun, New York Tribune, New York World, New York Times, Boston Her- ald, Telegram, Philadelphia Times, Cincinnati Enquirer, Cincinnati Commercial, Chicago Times, Louaville Courier-Journal, Baltunore Gazette, Wilmington (Del.) Zvery Evening, St Louis Republican und others. Mr, E. ©. Hancock, of t New York Heracp, was called to the chair, and Mr. M. P. Handy, of the Philadelphia Times, was appointed cretary. On motion the following resolutions wore unanimousiy adupted:— ived, That for the propee discharge of our dutio tection aud transtnission of news from New Ori in reference to tl er now engaging the wit the country it is essential that we be admitted to th y femsious of the Board of Keturning Oficers of Louisiang with w view to reporting Its proceedings. Resolved, That a committee be appointed to await upow the Returning Board and respectfully request this custony ary courtesy at the hands of that budy. The meeting then adjourned, E. C. HANCOCK, Chairman, M. P. Haxpy, Sceretary. The Bourd reiused to entertain this communication, giviug as a reason that special correspondents tm theig despatches had reflected upon the Board. The article read of which they complained was write ten two days before the Board met. INELIGIBLE ELECTORs. To tax Epitor or Tus Hxratp:— The Revised Statutes of the United States provides, in chapter 1, section 131, ‘That the electors shail be appointed in cach State on the Tucsday next after the first Monday in November in every fourth year.” The constitution of the United States, in article 2, section 1, reads:—‘‘The Congress may determine tha time of choosing the electors und tho day on which they shall give their votes; which day shall be the same throughout the United States’? And in the same section it says:—“No Senator or Representative or person boldiug an office of trust or profit under the United States be an elector,” It is manifest that no man can be an elector that was not appoiuted ‘on the Tuesday next alter the first Monday in November ;’’ that every olector must bg ap. pointed in every State on the same day; that no person who, on tbatday, held ‘un office of trust or profit under the United Staies;"? could be appomted. Tne power of Congress to fix the day 1s derived from th¢ constitution; it is limited by the proviso that it must be the same day throughout the United States, Aw the constitution the elector be chosen on t same day, 80, Congress, it must beon U stitution further sa: manuer as the Leg na ber of electors, eq org aud Represontatives to which the State may be entit Congress."’ The ma ‘that is, whether by the ole) 18 left to the States: is absolute, and the number, Bhowever, requisite of the constitution. Nuw, Vermont by the constitution, on the 7th day of November must appoint five electors, whe are not porsons holding offices of trust or profit under the United States, That is the plain command ef the constitution. The Legislature of a State ean no morg provide for the appoiutment of clectors on any other day, uuder tho pretence of axercisiog power to til) vacancies, than they cao authorize the appointmeat of persons constitutionally disqualified, Under ths power to fill vacancies derivea from the act of Congress th¢ State could not appoint one dirqualified by the con. stitution, As the constitution requires them all te be appointed on the same day, it is plain that tilling @ vacancy by the act is the power of repiacing, the which is absolutely dependent on that one constitutionally qualitied Bad been al: appointed on the requisite day. Any otber constram tion would make the power to Gil Vacancies clearly constitutional. No change of condition of the persog after the day on which the election i held can qualily ity him. Noact of astate Legislature passed ‘er of affect the express the quaiitications, as to the identity of be1og the day which Congress hus fixed, IGNORANT MAGISTRATES REBUKED, Justice Edward Monk, ot Hoboken, was convicted of false imprisonment, and was called up for sentence ig in the Court of Sessions at Jersey City, yesterday, Judge Hoffman spoke in severe terms of the existing system, by which ignorant persons who know nothing law aspire to and obtain the position of thus obtain the control of ot Pp 18 living by that business, whereupon Judge Hofman ‘ked, sharply :—“‘Then, tor the purpose of making ‘a living, you will run the ‘of going to Stu Aden at ‘The Court will let you off with a similar cases in future imprisonm SAD FATE OF A MERCHANT. On Thursday night Mr. John Connah, a silk mere chant, doing business in New York and residing om Orange Mountain, N. J., retiredim good health, His wife slept im another room attending a sick child, Alter goitivg into ved Mr. Connah read a book for some time, until the lamp was nearly exhausted. He then took @ dose of laudagum for the purpose of mak- ing him sleep well. At cight o’clock yesterday jug he was found in a comatose condition, Pb; were sent for, but their efforts availed nothing; he died three hours later. Yesterday afternoon Count Physician Ward, of Newark, investi the case with the foregoing results, and granted a burial certificate, was forty-Ove yoars of age, and leaves @ wite and five chiluren. A re prevailed that he committed suicide, but the officor named expresses complete satisfaction that such 18 not case. AN ARTESIAN WELL After seven months of constant labor in sinking ag artesian well at the brewery of Lembock & Betz, ig Jersey City, the workmen on Thursday night struck vein of cold water ata depth of 1,570 foet, ‘The water rushed up With great lorce into the large well pi for eat the Lop of the butivipg, and at a temperature of fifty degrees Fabroobet, An abundant supply can be obtained all the year round, ee: ly ving in the matter of ice. The cost 18 $60,000, FATAL FALL IN NEWARK wR any While superintonding the building of ne frou house, No. 530 Market street, Mr, James C, foll trom the ratters last r by ise aly He loaves a abana