The New York Herald Newspaper, November 27, 1876, Page 3

NEW YOKK HERALD, MONDAY, NOVEMBER 27, 1876.—-WITH SUPPLEMENT. THE ELECTORAL MUDDLE The South Carolina Canvassing Board in Jail, Probable Interference of the Federal Power. Serious Trouble Anticipated on the Meet- ing of the Legislature. —— GENERAL SHERIDAN LEAVES NEW ORLEANS. &x-Governor Curtin on the Pros- pects in Louisiana. WHY THE ATTEMPTED JOINT ACTION FAILED. Opinions of Prominent Lawyers on the Situation. Danger of Partisan Returning Boards to Republican Institutions, SOUTH CAROLINA. Couvasia, Noy. 26, 1876. ANTICIQATED INTERFERENCE OF THE FEDERAL AUTHORITIES IN THE EXISTING IMBROGLIO— THE CANVASSING BOARD IN JAIL—THEIR FINES ADVANCED BY THE REPUBLICAN NA- TIONAL COMMITTEE—INDICATIONS OF A PLOT TO COUNT IN CHAMBERLAIN—PROBABILITY OF SERIOUS TROUBLE. [BY TELEGRAPH TO THE HEBALD.] Everything is in a feverish state of excitement here. No one krows what to-morrow may bring forth. Every one anticipates the interierenco of the United States by the hand of Judge Bond, who, it is believed, js here for the purpose of releasing the Board of Can- vassers from jail, and by the troops under General Ruger, who, it is expected, will take charge of the State House on Tuesday. General Ruger lett Talla- hasseo this morning for this place. He will arrive to- morrow night, @ WHat JUDGE BOND says, Judge Bond has told ex-United States Senator Chest- nut, Judge Bacon and others thathe has no idea ot in- terfering; that he is here one week before his court meets solely for the purpose of examining into the busi- ness to come before him, and without any other object whatever, As this isentirely different from his unt- versal practice before this his disciaimer is not assur- dng, and to-morrow is looked for anxiously to see What he will do, THE BOARD IN JAIL, A vistt to the jail this evening found the members of jhe Board very snugly quartered. Comptroller Gon- tral Dupn and Attorney General Stone, the two waite mombers, are domiciled in one room, and Secretary of State Hayne, Treasurer Cardoza and ex-Adjutant and Inspector General Purvis, the three colored member: are in another. This is an evidence that @ in jail the leaders of the ropublican party in Sonth Carolina do not recognize civil rights, Tho lines are drawn and distinctions mado + with as much precision as the most ultra democrat could desire, The members of the Board stubbornly refuso to be interviewed or disclose their plans or purposes. Itis clear, fromthe very confident air they assume, that tbey anticipate an early release and a triumph over the Supreme Court. THE AMOUST OF FINES FORWARDED. stated that the National Republican Committee has already forwarded $7,500 to’ pay tho fines of $1,500 imposed upon = each. This being the case the Board will stick, of courso. They had great fears on this score, as they all have property, which would have been levied on to pay the fine, and before they would have allowed it to go that fac they would have purged themselves. With this great burden off their minds they feel easy, particularly as they are allowed to receive visitors and are Jiberally supplied with all the luxuries of the season, including champagne. It is stated to-day that they had a regular banquet last night and that the members of the Supreme Court came in for a largo share of toasts shat were anything but complimentary, FEDERAL AID ANTICIPATED. All the indications go to show that the Board relies toi¢ly on the United States court, and they must havo tome strong assuranee that aid will come from that quarter. This morning Djstrict Attorney Corbin, their counsel, and bis Assistant Attorney, Earlo, with United States District Attorney Archibald Sterling, of Balti- more, were closeted at the office of the former for sev- pralhours. Judge Bond was in the adjoining room. Mr. Corbin will probably be held in contempt to-mor- row and debarred from the privilege of practice in the State courts. AN EXPRESSION FROM JUDGE WRIGHT. A strong expression came from Jadge Wright, the colored Justice of the Supreme Court, to-day. While conversing In front of the Wheeler House, he said:— ‘«30 far as | am concerned, the Board of State Ci ‘vassers will romain in jail until they purge themsel of contempt and obey the mandate of the Court,” When asked whether he thoaght Judge Bond would {nterfere, he said:— “[ do not think so, and if he does it will be an as- It is Executive sumption of pswer that the people will not tolerate, The United States Circuit Court bas no right to Interfere, except whero tho laws of the United States have been trampled upon. This cannot be proved at all, and the only attempt to prove it would be by appeal to the United States Su- preme Court, There 1s no common Jaw in the United Staves Circuit Court. It is governed by statute lawen- tirely, and mast be regalated by tho statute law of the State in which it is held atthe timo. I will not believe that be will interfere until I seo it. Then I will have something to say about it.’” ‘THE VERY LATEST Information that I can gather confirms me tn the be- lhef that Judge Bond, notwithstanding his declara- tion to the contrary, will rolease tho members of the Board of Canvassers on some technical ground in connection with the Hayos and Wheeler electors, I predicted this several days ago, and do so again, for the purpose of convincing the roaders of tho Heratp that the whole trick of the Board is but earrying out a well matured plot to CAPTURE ELECTORAL VOTES of the State for the republican ticket. They will go further and endeavor by the aid of troops to eflecta republican organization of the Legislature, through the exclusion of the democratic members from Edgefield ‘and Laurens to elect Chamberlain and inaugurate him. If this is attempted and admission to thoir seats m dericd these members, it is impossible to conjecture what may happen, for there Isa point where forbear- ance ceases to boa virtue, and the people here havo poarly reached it. INDICATIONS OF TROUBLE. The sending of General Ruger back here and the programme of the roleaso of the members of the Board on writs on habeas corpus by the United States court mdicates that fedorai bayonets will sur- round the State House ou Tuesday and that another, but more flagrant, louisiana outrage will bo perpe- trated here, All this will create terrible excitement hero and may possibly; precipitate bloodshed; that, ence «ommenced, it is appalling to think where it mig LOUISIANA. GENERAL SHERIDAN LEFT FOR CHICAGO— HIS PRESENCE SAID TO BE NEEDED IN THE NORTH— NO FEARS OF TROUBLE IN LOUISIANA—PRE- PARING FOR THE COXTESTED PARISHES. (BY TELEGRAPH Tu THE HERALD.) New Onvrans, Nov. 26, 1376. Gonero! Sheridan, with his staf, loft here this after- poon for Chicago. His departure was hastened, it is -are satisfied trom tb: id, by the possible need of his presence North and by the quietness bero. GENERAL AUGUR’S VIEWS. General Augur, when interviewea by your corre- spondent this morning, stated that there was no possi- ble danger of trouble here no matter which way the Returning Board counted. The people here considered {t purely a national question. He said that the depar- ture of General Sheridan left the command of the de- partment to himself, ava that there would be no aif- ferent disposition of the troops for the present. THR RETURNING BOARD has employed Mr. John Ray as their legal adviser, The interrogatories to be propounded in the contested cases are all prepared and held. by bim, and all questions of importance are to be submitted to his judgment. THE AID OF THE COURTS. There are in preparation to-night affidavits alleging that in the democratic councils the question of bring- ing the Returning Board before the courts bas been thoroughly discussed, and tho opinion, so far as it can be gleaned, is that any effort in that direction will prove futile, The courts as now constituted in Lou- tsiana are known to be so thoroughly partisan that apy such movement would meet only with defeat, WIRES IN FLORIDA DOWN. Lake Crty, Fla., Noy. 26, 1876. The telograph lines between this place and Talla- hassee are prostrated, and wil! not be in working order to-night. THE OREGON ELECTORSHIP. A VARIETY OF REPORTS REGARDING THE EX- ISTING MUDDLE. San Fraxcisco, Nov. 26, 1876, * A special despatch from Portland, ‘Oregon, says an intimate iriend of Governor Grover asserts be will not give Watts a cortificate of election. The conservative democrats and republicans generally doubt tue re- port. Cronin, the democratic elector who received the highest vote, stated recently he would not accept the appointment if Watts was thrown out. Nothing, how- ever, can be assuredly stated until the count is made, ‘A press despatch from Portland, Oregon, says Gov- ernor Grover 1s reported to havo said that he proposes to issue a certificate of election to Watts unless re- stricted by the courts. It is generally believed he will not refuse except on an injunction. THE ELECTORAL MUDDLE. EX-GOVERNOR CURTIN’S MISSION—WHAT HE LEARNED IN LOUISIANA—THE RETURNING BOARD CRITICISED-—THE DEMOCRATIC MA- JORITY TOO LARGE TO BE SET ASIDE. Ex-Governor Cartin, of Pennsylvania, returned from the South a few days ago, and has been stopping at the Fifth Avenue Hotel io this city. He wasone of the first Northern men to visit Louisiana when the political muddle arose, and his account of affairs in that State, as ho saw them, cannot fail to be Interest- ing. In reply to a goneral Inquiry of the Henaup rep- resentative as to the Northern mission Governor Curtin said:— “When I was invited by Mr. Hewitt to go to Loulsi- ana I accepted with great satisfaction, for I knew that President Grant bad invited a number of persons to make the same visit, and I supposed that we were to act jointly. Lexpoeted that together wo would make examinations and have ascertained the real situation. I betieve that if wo kad so acted jointly the announce- ment of our impressions would have quieted tho un- restof the country and might have influenced a fair count of the vote cast.” “Why did the measures for joint action on the part of the visitors fail ?”” “The correspondence will show that we asked for Joint action, and quoted the very languago of the President, ‘o our surprise, however, the gentlemen sert by President Grant declined such a course. We then, with all the returns in the hands ot the conserva- tive party, and after examination of persons from the parishes said to have been disturbed and where in- timidation occurred, arrived at the conclusion, on quite sufficient evidence, that tbe Stato had given a large majority for the Tilden electors, The gentlemen sont by the President, baving bad free and full com- mupication with Governor Kellogg and bis surround. ings, no doubt ascertained, from evidence quite as conclusive as that within our reach, that a large ma_ jority of tne votes cast were for Tilden electors. They then asserted the doctrine of State rights, throw therm- selves bebind the jaws of the State, and no joint ac- tion was further possible.” “Has the Board of Canvassers, in your opinion, so far complied strictly with their State laws!” “No person who went to the South from here be- lieved or asserted that they had any right to control or influence, in the discharge of their dutics, the con- stituted authorities of the State of Louisiana, But we did bope, on our side, that by sach joint action we might induce a fair count, and as circumstances had magnified affairs in Louisiana into a great national question we boped to achieve a result that would bo be ireated with respect by the peopie of the country. We did hope that the Board of Canvassers might be changed, as its history, and the class of mea com- prising it, are too well known to the country, and neither arc calculated to inspire confidence. Such a change was flatly refused, and an effort was then made to fill the Board by the appointment of a fifth member. The name of Dr. Kennedy was suggested, who 1s one of the most reputable and respected citize: of New Orleans, But as yet the Hoard bas not’ be filled, and this refusal was contrary, in my opinion, to the laws of the Stato of Louisiaus, Then again, ex- ercising jodie.al powers, such parties as interested in the issue, and in somo esp dates, should have been permitted a hearing, person- ally or by counsel, This retusal was also contrary to all law and equity. Under the laws of Louisiana the Tesults of an election in the different parishes and po! hing piaces aro made ont in triple returns, which 0 officers of election are required to certity, and wher dispute occars there is a right to anexamuination. It is manifestly improper that a board thus constituted should settle in secret session a matter so very im- portant, ; THE EXCLUSION OF THA MEMBERS of the hye to whose reports a whole nation are cagerly listeuing, was a piece of ‘star chamber’ work which disgraces the members of the Canvassing Board, I they designed to be fair honest determination should have induced the appomtment of a fifth mem- reyes, could have represonted the parties complain. in, vrhen your mission South was not productive of uch good 2”: “No,” repliea the Governor. “The result of our visit to Louisiaoa disappoinied my expectations.”’ - “What is your caudid judgment of the true animus of the Canvassing Board ¥*? “From all 1 could gather in Louisiana, and from what bas occurred since my return, the Returoing Board design to give the vote of the State to the Hayes electors, They intend to do that by throwing out enough parishes and poiling places in the State to accomplish the purpose, without regard to the actual result of the election from votes iairly cast. Theo country is perfectly familiar with the proceedings of that Board in previous elections, and know that within their State citizens are in high office and the enjoy- nt of power through acts of the Board, aud not through the declaration of the bali It ts quite un- u “What do you betieve will bo the result of their manipulations !”” “1 don’t believe they will succeed,’? Governor Cur- tin rephed, emphaticaily. “The majority of votes ca: for Tilden electors 1s too large, and in the twenty-one parishes now counted the rotarns in the han conservatives correspond so nearly with “returns counted by the Canvassing Board that it 1s fair to presume that ibe same agroument will be shown i the returns irom parishes not yet decided. Thi is asserted by the conservative committee, from all th information within their possession, to be the true another reason why the cceed, The democratic . Considering tho whole number of votes in Louimana, is very rtion to ad tue diff qure on 1 jority of the 8,000, while in the case of certain electors the majority will reach ovor 9, The tono of loading journals of tho North which bave reached Louisiana has evi- deotly made an impression, if not on the Board, least ob those who aro iis ad- visers. It has been the habit of the American [aed le to install in power and place those candidates wing @ majority of votes cast. There can be no doubt that Tilden electors have a majority in Loa- Istana, andthe time has bow arrived in the d- ings of thia Board when peoplo of all politica: parties Facts that there is such a ma- jority and that the repose of the country demands that the expression of the public will in the selection of ofivers should be obeyed.” THY CHARGR OF INTIMIDATION, “How do you Togard the strong charges of intimida- tion in the State?’ “On that subject we endeavored to ascertain ¢! facts. Wo w allowed tall opportunity to exami: large numbers of from inany vl the parishes where it is alleged was intimidation; and in our found there was abundant evidence to contradict h allegations. In the city of New Orleans election was femarkable for its quiet. In iu parish Feliciana especially we found white and black citizens of the highest character ready to testify to the fairness of the clection. We found, also, in more matances thi one, that the officers of the army, if calledas wit- nesses, would tostify to th thing in the Ave parishes where thoy wero the bistory of Lonisi and the character of the gov- under which they have been living for many years—while there may have been disturbances in some jocalities and threats or imtiunidation vy both parties—be late election was potabli fal nature, its fairness and its unquestionable results, We conversed with one colored man, formerly a State Senator, who told us when he’ went to speak in one of the nt parishes he was welcomed by 500 negroes. Most of the canvassers on the conservative sido were colored men, “The relations between the whites and blacks in the South are quite different from the relations of the two races in the North. There they understan: ch other, and it is true that the wall which separated them when Slavery existed is gone forever, and tho intelligent negro knows it. The negro naturally feels kindly toward the mau why employs and pays bim. Besiae that, the assessed value of property in the hands of the negroes of Louisi is nearly or quite $20,000,000, and the negro property owner is quite as anxious to be rid of misgovernment and the tearful exaction made upon bim by taxation as the white man. That class of begroes are general advocates of the election of con- servatives.”” “Do you apprehend any violonce in Louisiana, what- ever may be the decision of this contest ?”” “No? said Governor Curtin, firmly, “In my judg- ment there js no da»ger of any disturbance. The peo- ple there want rest and quiet, and nothing that oceurs 1m the settlement of this election will produce any vio lence in that State. There is much fecliug of anxiety and also of hope. The white population aud tho more intelligent portion of the negroes are looking to a re- form of government and a reliet irom misrule lor thoir material prosperity.” VIEWS OF JUDGE MEREDITH, OF RICHMOND. Ex-Judge Meredith, of Richmond, was for axteen years a Judge of the Court of Chancery of Kichmond and, being regarded as avery abie aac sme jartia! jurists bis views on the present nationa! diemma gtuwing our of the Presidential election will be of moro than ordi. nary interest. Judge Meredith bas prepared an elabo- rate paper on the legal questions entering into the present problem, aud hence has devoted great care and stady to the subject. The following is the substance of the conversation held with bim:— Rerorter—W nat is your opinion of the present con- test regarding the right of the returning boards of the disputed States to throw out voies op account of in- tmidation or !raud? Judge Mxrevrru—I do not think that this claim of the returning boards can be legally maintained. 1 have very carefully looked into tho subject, andam decidedly of the opinion that these boards do not pos- seas the power to decide upon the legality or illegality ofthe votes cast tur the Presidential electors. The constitution never intended to vest these boards with such a power. POWERS OF CONGRESS. Reronter—Who, then, has the power to pass upon the question of the legulity of votes in parishes or precincts whero iraud or intimidation {s alleged to ave takea piace? Judge Muxgvitu—That power clearly bolongs to the two branches of the national legislature when assem- bled for the putpose counting the votes cast for President and Vice President as required by the con stitution, Rerortxr—W hat aro your reasons for thinking the returning boards bave no judicial powers? Judge Mxrxpitu—I do notthink they bave any moro power to puss upon the legality or illegality of votes cast for eleciors than they have to pass upon votes cast for members of Congress, Take the case of mem- bers of Congress. Although the Governor is required to give a certificate of the election of a member of Congress, yet Congress goes behind the return aud judges itself of the lawful election and qualification of its own members. I! one of them has been elected by fraud or iutimidation it 1s for the respective branch of Congress to say. Hence I consider that when the two houses of Congress assemble in February to count the votes of elcviors for President and Vice President they—the two houses thus assembled—will be tne jJadges of the legality of the votes in which certain electors were returned. THE MODE OF PROCEDURE, Revortsk—In what manner will the two houses, ac- cording to your view o! the law, proceed incase traud should have been practised by the present returning boards in tnrowing out lawfully cast votes, and retur: Fer Sees who have not been chosen by the ma- jority Judge Msxxvira—If fraud or injustice be pra by the Returning Board o: either of the threo tul States or all of them tt will then be in the power, as it will clearly be the duty, of these two bodies th assembled as a juint convention to pags upon thi question of fraud, aud if tl jectors from an these States should bave been returned by fraudulent means it will be the duty of the two houses sitting in joint session to reject such electoral votes. Kerortex—Senator Morton claims that the Vice Presidvat, in the absence of any definite provision of the constitution on this particular branch of th ject, will have the power to count the votes and pass upon such questions of ality. THE VICK PRESIDENT’S POWER, Judge Mergpirn—I fail to find any warrant whatso- ever for such a view, which would place the tremendous power of deciding wao shall be | President in the hands of one man, The Vice President bas n counted the votes—the two houses, thro their respective teders, always done that. The two bodies r as a joiat convention and act as one body. The Pru. dent of the Senate is simply charged by the constita¢ tien wita opncies the certificates containing the votes, and thai 1s the whole extent of his power. When he bas opened the certificatcs his funetion wholly ceases. The constitution requires that ‘the votes shallthen be counted.” It does not say by whom, but the natura! imference which has also been adopted hitherto in the practice of Congress 1s that the two houses in joms convention shail coant the votos, Rerorter—Sitting in joint convention the demo- crats would bave majority, and would the ma- jority decide? Judge Menxprru—Undoubtedly it would. A MAJORITY OF THE TWO BODIES in joint convention would have tho duty to pass upom the legality of the disputed votes. lg evor, the view eutertained by otbers that houses act separaicly a disagreement between them would still throw out the disputed votes. Honce itis only by adoptin, Morton's viow that the President ot the Senate has sole and absolute control of tho count and thatthe House could be deprived of its reat to pass upon this question jointly with the pate, Rerortex—It has been binted that the House—to defeat the declaration of the Vice President and Senate wn Mr. Hayes’ favor—might absent itself from the count. a» Judge Mxnxprrn—Neither body has the right to withdraw and doloat the counting of the votes, which duty tho constituticn makes imperative. Such with- drawal by eitber body as a bouy, and refusal to act as a body, would be revolutionary, and the pe with. out division of party or section, would condemn it, Reroxtzr—Under your riew of tho case what be- comes of the law of Louisiana, which distinctly au- thorizes the Returning Board to reject the votes of any precinct or parish where fraud or intimidation have been practised ? «! THE LOUISIANA LAW UNCONSTITUTIONAL. Judge Mxnxvirn—I am decidedly of the opinion that this Jaw is auconstitutional. A law which rejects the voto of a whole precinct or parish because ono or two inen have beon intimidated of prevonted from voting must, uecessarily, be unconstitutional, becanso it deprives every mau who has legally voted of his right of suffrage, aud it also deprives every candidate who has received these qualitied votes which have been thus rejected of the henetit of theso votes which he has fairly received and to which Le is legally entitled. RerorTER—Only one question more, bees a Do you agree with Caleb Cushing that in the’case of afailure of a count President Grant heids over? Judge MerevitH—No, sir; | think that idea of a President holding over under such circumstances has never been advanced belore and has not adow of foundation, because the constitution clei provides that in the event of a tatlure of the count to result in choice of the President the House must elect, OPINIONS OF OHIO LAWYERS. Cixcixxati, Nov. 22, 1876, A representative of the HERALD called upon several of the leading lawyers of Cincinnati to learn their views upon the existing state of affairs in rd to the Presidential choice, und he is ableto give the more current legal opinions trom those whom he mot, HON. MENRY STANSBERRY was the first one called upon for bis opinion in the impending crisis in national affairs. He said thero wero grave questions connected with the matter which had scarcely been alluded to as yet in the newspapers, The question would ceme up, who should succeed to the office of President in case there was a failure to elect oither of the candidates now beiore the people. It was accntingency that le rogarded as not at all improbable in the sight of ree events, It was one aisu Which had not been provided tay by the framers of the conatitution, They had provided for certain ovber contin, jos by whieh the Presidential office might become vacant, as in the event of death or im- peachme :: but that of a failure to clect bad been lost sight of. It was a question of uncertain porsibilities. Gract might’ not ve able to continue holding oflice unul a successor should be elected to him at the end of another four years. He had noticed that Judge Swi of Columbus, had expressed an opinion informaliy that the Supreme Court of the United States woulu havo tho power tu issue a writ of mandamus in such a case and deprive him of the office, but adding a cautious proviso, that he had not giventho subject a careful study. He gaveit as bis opinion that such a writ could not stand, The Judiciary and the Executive were cardinal branches of the government, and it was questionable whether one coulu interfere with aud wipo out the other, as this would be doing. He this questio! one of paramount im nce at this tine, When asked whother he t would be called on again to determine the question of the Presidency he said it was on such & contingency as that that the mattor he had alroady rolerred to wodld come up. Thero was certainly a ity votos of these three States—of South Carolina, Floride and Lowsiana—being im) perly manipulated vy their from sent y would watch the prog- tuterest of the new aucstions. elubion Mr. Stanaborr, Tess Of evonis with that were likely to be brought up that might be of vital | importance to the existence of the government. YON, GEORGY MH. PENDLETON said he had faith still would be lavorable to Tilacn, majority to overcome the Returnit Board would searcely dure give the State to Hayes. Besides that, he believed the Board, feeling the responsibility that ir democratic devolved upon it, with the attention of the whole country directed to it, wonld be to commit so great an outrage ht w @ common experience that when men were raised to a position of great responsibility their actions were more apt to be based on justice than when epgy in the minor affairs of tile, So he would not lose faith mm South Carolina until he learned that it had been detiniely decided against us, He had rather not see the election for President go into the House, | if tho thing could be avowed. It was au uct jn the nature of taking uway certain of the rights of the people. Stil, as a court of final resort ander consti. tutional provision, the House sometimes was called upon to act, He regarded the technical points against the admission of oflicers iu the employ of the guvern- ment as electors as being well taken, It was vory doubtful whether 4 man ineligible at the time ho was appointed to an offico could make himself eligible by any subsequent act. HON RUFUS KING was next asked as to his views, and gave it as bis Deliel that the election of the President would come bofore Congress nally in one way or another. ihe contest would be so close that when the vote comes Delore Lhe two houses to be exammed attempts would | almost certainly be made to throw out one or two States. ‘This course had been resorted to four years ago, when the votes of Arkansas and Louisiana were thrown out, ond eight years ago, when that of Arkansas alone wus thrown out. 1u both these cases Copgress had (hrown out States under the twenty- second joint rule that is now so much talked about Without expressing an optnion as to the valiaity ol that rule, Mr, King reterrea to the status of the presiding officer of the Senate in making the count of votes. He said ;—I think tho tanguage of the constitution makes Congress on joint ballot the real judge of th The President of the Senate is no more than t terial ollicer of Cougress; tor 1 is a fact that, where law ty ambigyous, tempora exposition—that is, — preccuent practi fo determine its think = you will tind that, Prosident of the Senate countea the vote for the Presi dent of the United states, it was by acquiescence and courtesy, and in cases where the tival result wus aiready Known. 1 think, without baving looked into the subject specially. that teilers, members of, and therefore under conitol of, Congress, huve usually been appointed. Certain'y the trainers of the constitution never meant that the choice of President should devolve upon one man who himself might be a candidate for the position, This was the case in the contest between Thomas Jefferson and Aaron Burr, when the vote stood 7% to 73. Jetlorson way bimeell President of the Senate, and could have declarou himsell President, 14 was declared, however, that there was no clection, and Congress decided tho issue, But there isa better precedent than that. It was the first idea of tho framers of the constitution to allow the Senate to select ihe President, thus giving each State an equal standing. This’ failing, the proposition was to allow the joint Congress to elect. hile the debate on this was pending it was moved that ip caso of a tie the Presidentot ihe Senate should have the casting voto. This was unanimously voted down, clearly showing that it was the intention that, in counting, he was only the servant of the jomt Con- gress assembled, and not judge and jury at once, JUDGE HOADLEY was the noxt gentieman called upon, He admitted that the question bad assumed a grave aspect {u view of the probavle action of the returuing boards in the Southern States, Everybody knew what the Louisi- ana Board had done time and aguiu. The report signed Hon. Charles Foster, of Ohio, and Hon. William Walter Phel presented im Congress, January, 1875, showed up the way they were accustomed to carry olociions in tho State of Louisiana. He thought there was nothing to be expected from either of these Southern States which are considered doubt- ful. He believed, however, that the appointment of Watts, the Oregon postmaster, as onc of the electors from that State would give the vote to Tilden. That would secure his election if all else went against him. nz from a decision in the fegon reports, volume 5, pago 426, he held that the mode of canvassing the vote and proclamation of the Governor arc substantially only modes of ascer- taining and publishing tho result of the vote, and therefore that the election of an ineligible man was in substance no election at all, but gave the place to the cou- ond interpretation, I fever @ase of Searcy against Grow, in which Judge Fields, now of the United States Supreme Bench, presiding, ‘as an opinion that persons bolding a federal olfico are torbidden to take a civil or State offico while so nd, quoting words of qhat decision, gaid tho ing of it ig that such federal oficer shall not eligible to such office; and we understand the word eligible to mean capabie of being chosen, tho subject of election or chot The people might seloct any man they chose, subject only to this exception, that the man thoy selected was capable of taking what they had the power to give. But we do not seo how the fact that he became capa- bie of taking the office after they had exbausted their power could avail him ifhe was not eligible at the timo ‘tho votes were cast for him. This and sevoral othor authorities op the samo subjeet and ail of them bearing the samo directions ied Judge Hoadley to the opinion that Tilden had secured the electoral voto he required in the State of Oregon. HOX, MILTON SAYLER, Speaker pro tem. of the House of Kepresentatives at Washington, had fuith still that the vote of Louisiana would be counted fairly. Ho believed tue Stato had gone democratic, and thought that the presence of so many dietinguis! gentlemen from the North in New Orleans would deter the Returning Board trom over- being the will of the people. He thought it very pos- sible | | the; Congress, still nope it would be settled to the satisfaction of all. He regarded the office of the President of the Senate, in connection with the count of the vote, ply \pisterial one, He was simply to preside itself musi be made by what his opinions wero be asa Representative, woul: A CONSTITUTIONAL BEMEDXY PROPOSED—SOUTH- ERN SENTIMENT 48 INTERPBETED BY A VIR- GINIA BEPUBLICAN. Cuanvorrevitte, Va, Nov. 23, 1876. To tas Epitor or Tux Henarp:— The liberal tone of your widely circulated Journal, its freedom from partisan bias and advocuey of all meas- ures tending to aavance the true interests and welfare of our common country causes it at this dangerous crisis in the affairs of the nation to wield a most potent influence in leading and forming public opinion. In ¢ommon with yourself, thoughtful men throughout the country regard this as a timo of great public peril, and fear that, should the present deadlock resuit in counting ina President not really elected, the conviction will become fixed in the public mind that the popular will bas been defeated by fraud, that electors aroa farce, that the voice of the majority does not prevail, end that, 10 short, the Republic itself and republican insti- tions based on {ree suffrage are ontire failures. Av a corollary, the popular mind, despairing of the Repub- lic, will be prepared for a change !n the form of gov- ernment, and alrcady in this Jatitude mony men say openly that they prefer a monarchy; that they are ready for some bola band to seize tho reins, an¢, under tho title of consul, tribune, dictator or king, rule over the nation, Should the returning boards in Louistana, South Carolina and Florida give tho Presi- dency to Hayes, the democratic party will charge gross frauds and illegalities, and if thecontrary be the casey ‘and Tilden receives the returns, tho republicans will make the same charges. Whatever the result, one- ball the nation will bo sullen and discontented under an administration honestly believed by them to be counted in by frauds, illegalities and technicalities. The HeRaLp very proporiy rays that the people have no confidente im the impartiality and fairness of tho retarping boards in tho threc doubtful Southern States because the members all Lelong to tho same politica; party—viz,, the republican--which controls those States, and overlooks the fuct that tne returning boards in Virginia, Mississijpi and other Southern States are wholly in the bands of tho democratic party. The Henatp indicates clearly the danger to the public tranquillity and generai welfare, and oven to repub- lican institutions, restiting from a partisan returning pivotai Sinte deciding the Pre he line of povey of the adm but it does not point out how this in the future, por, 40 far as | know, has it been ported out by any paper or in this radical detect tn the election mac country cun wholly remedied by a plain constitu. tonal amendment. WHAT THE PEOPLE REQUIRE. The public peace aod tue mainte: of our pres: ent form of govern above and beyond success of elphor political p: and whacever ateat- fection and distrust in republican institations may re- suit from the believed iraudulent or ilegal return of cither Presideutial candidate will d:sappoor or becume insignificant when the people are satisfied that thoi sec snide by the sction bf partion. revaruing bostis, wet asi the action risen The remedy lor the aril poems ve mee play obs, The Fey yp to every State n republican form geveruaient, A republican form of govern- | ment cansot exist unless the will of the majority pre- valis, Tho will of the majority amounts tw nothing when retu: ‘boards are all composed of membors of the sane political y, a8 is the case in Virginia, Lousiana, South Carolina, Wissiasippi and other South: ern States. DEMOCRATIC CONTROL OF KLewsnrn TteilINERY. * In Virginia | do not know of a solitary republican registrar ot Dor iathere a single member of the State Returning Board who is arepuolicah. There are wixty Judges of election in tho county of .Albermarice, in which I reside, and only #ix of thom are republicans, yet the State law provides, by act taking cfleet in 1874, that one-third of the precinet judgos #hall be taken trom the repubiican party, but tt does not provide it any of the registrare of election, who really decide upon the rights of a citizen to vote atthe time ho is entered on the rogistration books, shall betaken from Fepubiican party, The coi vorse of the proposition is equally true on th ean side in Lontainos and South Carolina, aad nit in Louisiana | ( a very | the | 10 Mississippi. Under sucn circumstances the people | have uo contidence in election retu: and one-sided | rusings in doubtful matters, if not direct trauds, may | be expected. THE REMEDY. Kemove this standing im to the maint the Republic by passing a co: Tequiring one-ball of ali registrars, judges, retrning boards and other officers members of voih polit #, and, iu proper Slate authorities tail to comply with the law, | Vest the authority to rewedy the omissions 10 the fed- | eral district Judges. The members of returoing boards, boards vl judges of election and county revurniug boards are composed usually of odd numbers to secure prowpt decisions. As 10 precinets tn counties or wards in cities, the majority of judges of either party at cach of such Voting places couid be decived Ly lol, $0 as Lo give each party a majority of judges at an equal number ot Voting places. Ibe same rule, of course, could be ap- plied to county and State returning beards and to registrars of clection. The probability of a new polit: | teal party spriuging up iv the couniry could ve pro | vided for by enaciing that so 8002 us a party poled a certain number oi votes 1 a Stute is should be equally | representcu among the oflicers of election. | 1 have thrown ous these suggestions hoping that the Heeacn, with iis Usual lairuess and desire tor reform, would act oo them and urge the matter on the atten- | tion of the public, TWO SIDES TO THE INTDUDATION THEORY. The vrobabiv election of Hayes to the Presidency e@Xciies great diecopleat among the democrats, who alect to beveve that Tiidep bas been cheated in Louis- jana, South Cyroliwa and Florida, and seem to forget that Lhe Mississippi: repu:licans were absolutely so in- umidated by the shotgun policy at their lust state election that they scarcely dared to make even an at- tempt at a cauvass im this election. In this State, wich is hopelessly democratic, the republicans, with ny prospeet of ess, poled us large a vote us here- totore, aud the colored vote was ax largely republican as in the hughes campaign in 1873. Why should a diferent stare things exist im others Southern States where the republican party bad tho presuge ot success, local = State officers everywhere as leaders and the control of the elects macuipery? Lt mus, be the result of imumidauion, Tiots AL political me tings, notices to leaders to leave | the country, &c., for iti idle to suppose that any but | 1gUt percentage of the culored vote can be bougit, wale 14184 well Known fact that the black peo: ple a8 a race are exceedingly peaovable, humble wud lim- id, According 10 my view ot it the shot,un policy docs bot mean a whol whom aie Slaughier of the biucks, toward he whites of the bener clisses entertain clings; LUbIL means, Where it has Veen carried | out, tue killing, whipping and notityiug to leave of @ tow or dotucbed active biack aud white republicans, 80 a8 Lo Intimidate the rest and enavle the democrats to ubtain control of afuirs, Occasionally a bloody affair hus cccucred, like those at Coustatta, Chintos, Hamou but the leaders aiways uisavow the’ What is needed 18 a healthy public Sentiment among the better clasees of the community, which, if 1¢ existed, would pillory at tue bar of p: opinion the youug bloods and kiess roughs who commit these outrages, und lead*to their inevitable detection and punishment. BUSINESS AND SOCIAL OSTRACISM. Tutimidation takes a different form in this State— viz, that of business and goctal ostracism—which every white man who belongs to the republican party feels to aw greater or leas degree. To men- tion two instances—a man who Was an ardent Tepubiican came here upd went into business, Duriug bis eutire stay, belog quite poor, be was airad to aliow his political views to be known, and I was carelul not to mention tue fact that [ bad kuown bin as un active republican in another county. Again, an intelligeut gentieman irom New York of some moans, | together with hig family, settled om this county some years ago. Beiug a republican, he dared ty expross bis Opitiens bowly and support the ticket openly, but wanted no oilico nimesel!, He told me that not ove lady neigubor had ever cailod on bis family. Northoru men who are democrats are treated almost like other people. THK UNION BEVORR ALI. As a consequence of this state of fecling many white men who are unionists at heart, und who believe with me that it was better that the Confederacy wore a | tajlure, and that on the preservation of the Union de- | pended the wellare of the whole country, North and South, aro afraid to support their real convictions, The white people, as a rule, have litle devotion to the Union, and no affection or respect tor tho onal flag; and the only consideration that at ull consoles tne for | the probaole ‘election of Tilden isthe hope that ti domocracy, baving control of the Union, will | Jove and cherish it, and make its maintenan chief object in politics; but how can this be expect hen, per se, sccessiouists like Tucker, Kemper and ead the party in thisState and dictate tis policy? | Among 1,500 surviving Confederate soldiers in this county fifteen of us are republicans, because we have no confidence in the protessed Union principles of tho democratic joaders in vur State. We are repubi 8 because the republican party saved the Union and is the Union party of to-day, When the republican party < to be a Union party thon wo ccaso to be repub- jicans, EXTREME DEMOCRATIC SENTIMENT, In conversation with who is a successful business m ence of several gentlemen, that he would a war betweon"tho North aud West than tosee Tiiden elected. I replied promptly that, though | was an un- compromising republican, rather than see such a war 1 wouid give my vote to Tilden, even if upon it depended the result in the whole country. 1t is but fair to stato that this gontleman is an extremist, but yet ho new holds office ugder the domocratic party. HOW THY NEGKOKS VIRW THU QUESTION. During the recent campaign { spoke in a number of counties, and discussed with all comers, from the candidate tor Congress aud Presidential elector down- ward; aud everywhere I told the colured people that they ought, under no circumstances, to support an un- wortby or dishonest man for office; that, 11 they could not precent candidates comparing favorably with the other side, they ought to make no nomipations; that such had always been my views, and always would be, and I found that they fully agreed with me on this point and applauded tho sentiment, A MINORITY WHO NONOR TAR FRDERAL FLAG. Among 1,690 surviving ex-Contederates in this county fifteen gf us alone remember shat when the civil war ended the federal government, controlied by republi- made usa free gift of our Mberty, oar liv: d our fortunes, each and all of which we bad fo by voluntarily who beads the same party to-day; party took no lifo nor contis simply ond magnanimousiy, Union upon equal terms, with equal rights, and all shall be forgiven amd forgotten.”” We remem! that; when the war was over we furted forever the banners that bad floated over many a stricken our duty to the Confederacy was dono, our allegiance roveried to the Union, and we swore to “hold 16 inviolate and true forever.’? That oath we mean to keep through all time to come. ALBEMARLE. HOW THE PRESIDENTIAL IMBROGLIO Is 4FYECT- ING THE BOOT AND SHOE TRADE OF KEW ENGLAND—A HOPEFUL OUTLOOK AS SOON AB THE QUESTION I8 SETTLED. Boston, Nov. 25, 1876. Probably there is not more capital invested in any single branch of commercial industry in Massachusetts than that represented by the hundreds of bovt and shoe warehouses which abound in the vicinity of Pearl and High streets. Not only the products of tho mul- titade of Massachusetts manufacturers, but those from all the rest of the New England tacto- ries find their way here, and thus it is probably no exaggeration of fact to estimato that Boston 18 to-day the great boot and shoe market of the country. In view of this circumstance it is toterest- ing tg note the condition of the business and trado since the advent of the Presidential and poiitical problems which aro now attracting such universal at- tention, and with this idea a HkkaLD correspondent has interviewed several of the representative dealers and manufacturers, This is what is denominated among the trade as ‘*between soasons,’’ and the New England manufacturers are about bringing their businoss to a close (so far as executing orders at present prices are concerned) and preparing to take the annual account of stock, That examination will not, it is thought, show them that they have mado much money during the past year, and the recent sudden rise in the prico of jeather—a rise equal to from filteen to twenty per cent upon sole and from ten to filteen upon upper—ad- monishes them to proceed with more thun usual cau- tion. _ A PALLING OFF IN SHIPMENTS. Ot late the shipments have been steadily decreasing, and, they are likely to continue to fall ull during the re- maineer of the year, In taking orders for tho next your it will be necessary for tho buyer and seller to have & now undersianding, for, although an advance has been obtained on some lines of goods—such as boots, bro- gans and plough shoes—the advanco must be made to cover all lines, AN UNCERTAIN LEATHER MARKET. The manufacturers in a state of perplexity about the leather market are not purchase largely, tor at this senson of the yoar leather sbould aveumulate and prices rule low, wence it is they prefer to cleau up their oid stock. RFPRCT OF THK PRESIDENTIAL IMBROGLIO, Some of the manufacturers have it their ranners South and W be wou'd = bave ne Of as thought tuil jo to seud them, Promdentint question was settled. Then, again, it ts thought the jobbers would not be content to pay the advance which will have to be upon the gools without looking thi the inarket. Last season many of them hesitated to pay the market price, bat those who did so secured aon advantage. TT ume thing may bappen ageim this season, lor attempts to break down the market are nut unusual, SMALL BUPYLIRG ON BAND. “ In regard to the supplies of boots and all unive in saying there aro any made up, sv if manu- faciurere take the master caimly they have t! ~ vantage. Whether they will do it 1 ©«6uneertain, Samples aro mado up y many firms, «wid style enters largely into their calculations. In fact, taking the * ity of ladies’ machine-made shoes, and nothing eine but style, close buying ond aticotion to details enables the New England mi jacturera to hold their own against competition, While 1 i ad- mitted that cheap goods seli more Leryn: ov the bigh priced, yot the manutacturers are prepared to turn out both classes. Inthe matter of rubbers the demand bax not been brisk, and tt is diMeuit to main- tain the advanced price placed npon them last spring. A season of sloppy weatucr would be hailed with de- Mahi by many have an averstcck on hand, An | Zachary Taylor, thts shoal, important branch of business now is the mauufactare ot CHILDREN'S S110K% These have sold well, und no small amount of money been made ou them. The improvement style and quality of the goods has beon remarkabl for which the credit is largely due to the examp: by some Puilageiphia manutactarers. Another bri hich is tou} padeund ordinary 1 Iv this ioe remarkable improvements have been ‘ntro- duces both in style and soligity, aud at the sume time the cost is moderate. ‘THE OUTLOOK. When political metiers aro adjusted the business will probably revive. So far as the New England trade ia concerned it is fair, cousidering the paucity of supplies throughout the couatry, There are tew complaints, and, with quiet restored, the outlook tor the coming winter ix decidedly favorable for the iaborer and mana: facturer. Of course, much depends upon improve. menis if the trade is to fourisb, and much also depends upon the integrity of the manutacturers. Hitherto the Boston dealers bave found that their integrity im | the tulfiament of contracts stvod them in good stead, ‘This was particularly shown after the great Boston fire, Indeed their fair and honorablo course during the ordes! secured to them an increase of business which it 18 impossible to estimate, and it stands to their interest to maintain their good name in the future, MINORITY PRESIDENTS, [From the Chicago Times. } There ts no instance in the history of (bis country where acandidate for the Presidency who has ‘re coived a majority of the votes cast bas failed of clea tion, Mr. Tilden received such majority. And ther | 18 no instance, except the case of Johu Quincy Adams, whose election was in the House, where a minority Presidont did not obtain a plurality. Hayes has not even a plurality, Let us look at tho votoim these cases. In 1824, when Adams was olected by the House, there were four Presidential candidates, and the popular vote was as follows :— Andrew Jackson. Jobo Quincy Adan: Willian H. Crawiord Heary Clay. 152,899 105,321 47,268 47,081 1 this case no one candidate bad a majority over all. Jackson, who had a large piurality of the tota vote, failed of election, because of the combination which were mado against him in the House, Ii elected at this time he would have been a minority President, Tho electoral college, in which there wat no choice, stood—Jackson, 99; Adams, 84; Crawford, 41, and Clay, 37. Zachary Taylor was another’ minority President The vote in 1848 was as follows; P 1,362,031 Lowis Cass, .... 1)222)445 Marun Van Buren, 201,678 Thus, though Taylor failed by a majority of the popus lar vote, he bad a respectable plurality over his princl- pal opponent. In 1356 Buchanan, the choice of the Electoral Cole lege, Was not the choice of a majority of the people, The vote was as follows: — James Buchanan, + 1,850,960 Joun . Mullard Fillmore...... + 886,960 The popular majority against Buchanan was some 400,000 votes, but he, too, had a plurality, ‘The exciting clection of 1860 is still vividly remem- bered, and the jact that Lincolu lost the popular ma- jority, though suceceding in the Electoral College, was ‘the Occasion, though it can hardly be said that it was the cause, of the Southern secession, vote that year was as fullowa The popular Lincoln. 1,866,452 1875, 157 Breokinridg 847,953 590,631 , Taylor, A rr so fur as we have any record, the only minority Prosidents, 0- called. It was alleged, but without certainty, that 1m 1801, when he was succossiul against Burr, Jefferson was hot the popular choice, Ail the other Presidents not only received the constitutional majority in the Electoral College, but wero also the choice of the poo- ple. lt is apparent, then, that if Mr. Tilden fail of election his will be the first case in the annals of the United States where a candidate who las received a majority over all opponents loses the election, And it is upparent also that while Mr. Hayes, it he be cousted in, will bo classed with the minority presidents, ho will differ trom Taylor, Buctiat and Lincoln, in that he tatied of even a plurality, will rauk with Jobn Quincy Adams, who had neither a ma- jority nora plurality, Counted in by the rascality of carpet-baggers, with the House of Representatives against him, with tae popular majority of the country in favor of his opponent, he will be aptly described as a scrub Presidont. tripe NEW YORK, OFFICIAL TABLE OF THE VOTE OF THE STATE. Aunany, Nov. 25, 1876. The State Canvassers concluded their session to-day, The following ts the official table of the vote m th State:— j Tilden, | J “Majorities, Dem. | Rep. 2.998 1,342 - = s tittt 2,837 4,380 1,248 70¢ rS = B S81 t Sti Jefferson. . Kings. Lewis. . rBirBiais Schenectady Schobario . Schuyler... Seneca.. St. Lawrence. . 5,784) 13,46) - 7,677 Steuben. 8,808) 9,71 -- 959 Saffotk. 5,804] 5,589 316 ~ Sallivan. 4,402) 3,262) 1,240) _ Tioga... 3,906) 4,675] = 669 ‘Tompkins, 4,028; 5,082) _| 1,004 Ulster. 10,636! 8,914] 1,724 je 2,663) . 3,135 = 4,815] 7,303 gal 5,199) 7,081 pa 1,281 The majority for the Tilden oiectors ts 32,980, There were also temperance, greenback and miscellaneous tickets in the field, which received respectively as here enumeratod—2,359, 1,087 and 1,377 voves, with 45] votes scattering, making @ total vote im the State of 1,018,221. THE MISSISSIPPI JETTIES, {From the New Or! 6 Picayune. } We learn that for some time past the channel be tween the jetties at the mouth of tho South Pass haa been everywhere more than 200 feot wide for a depth of twenty foet at an averago flood tide, and that in the middie of this wide channel the depth is equal to from twenty-two and a half to twenty-three feet at the highest tide at the South Rass, when a rango of three feet tide, with a channel depth of ten and a balf foot, Jor from 80 to 100 feet in width, is usually reported af Southwest Pass. Therefore it is seen that tho jettica have given, aithough 1p an incomplete state, a mayuif- across the South Pass bar to the sea twice in several feet deeper than has ever been ob- tained across the Southwest Pass bar. We are informed that the works required to confine er, above the com. ‘Pass, 80 08 to so a jergetically prosecuted with eve hed Alrecdy. notwithstanding tow stage of the river, the one-dipper dredge boat at work there maintain and widen. Soon, we powerlul dredges will bo put to with threo boats working t Ly nel acroxs this bard san open river plishment, ants of our city on the Bere Nimeas taser Sete eet saaale