The New York Herald Newspaper, November 28, 1876, Page 3

» NEW YORK HERALD, TUESDAY, NOVEMBER 28, 1876.-TRIPLE SHEET. THE GREAT PROBLEM. The State and Federal Courts at Issue ia South Carolina. 4 WRIT OF HABEAS CORPUS - GRANTED. The Board at Large Pending a De- cision of Questions Raised. DEVELOPMENT OF THE REPUBLICAN PLAN. Protest of the Democrats Against Fed- eral Interference. CANVASSING IN FLORIDA BEGAN. The Tricks and the Manners of the Louisiana Returning Board. SOUTH CAROLINA, QEVELOPMENT OF THE REPUBLICAN PLAN IN THY PALMETTO STATE—THE BOARD OF CaN- VAaSSERS BEFORE THE FEDERAL OOUBT—aA PRACTICAL DELIVERANCE PENDING THE AR- GUMENT— PROCEEDINGS ON’ THE WRIT—CHIEF JUSTICE WAITE DECLINES TO BE PRESENT— MEMBERS OF THE LEGISLATURE IN CAUCUS, [Bx TELEGRAPH TO THE HERALD.) Coxumnia, Nov. 27, 1876, This morning the city gave evidence atan early hour of bustle aud general interest. Crowds could bo seen lalking together, mostly of the democratic persuasion, fhe republicans are generally negroes, and were rarely to be seen. DEMOCRATS IN CAUCUS. At eleven o’clock, the democrats met in caucus ard coutinued for an Lour and then adjourned to meet this evening in the hall of the House of Representatives. They met according to adjournment at six P. M. and are pow in session selecting their speakor und other _ ollicers, There is considerable discussion among them, vut they ull understand one thing. CHAMBERLAIN’S GAME is toget them to commit some breach of law so he can call in the military, They are determined to give tum no chanco by strictly adhering to law and permit no violence or anything illegal on any account what- ever, TUE REPUDLICAN PROGRAMME, Tho programme indicated by your correspondent since Wednesday last and when the Boird of State Cunvassers £0 openly defied the Supreme Court ig being rapidly developed. It has been quite plain that they were acting under instructions, and relied for protection on some poWer superior to the Supreme Court. Hence | saw at once from evidence on all sidea that Judgo Bond Was to throttle the Supreme Court and the military ‘was to pin the Legislatare in their seats and Chamber- Jain in big chair with bayonets. Juage Bond denied his share of tt on Saturday to ex-Senator Chestnut, Judge Bacon and others, THE WRIT OF HABEAB CORPUS. This morning his writ of habeas corpus was issued Promptly commanding the Sheriff of Richland county to produce before him tho bodies of the State Bourd of Canvassers forthwith. The return was made and the Prisonera produced by eleven o’clock, amd then the subsequent plan became self-evident. THR PLAN TO RELEASK THE BOARD, It is to release them at once on pretence of commit- ig them to the charge of the Unitod States Marshal, who will permit them to go at large on parole until tho cause is decided. !t'will not be deciaed until the Board and Judge Bond are ready. In the meantime they are atlarge. This is really worse and a more DARING JUDICIAL UBURFATION than discharging them after hearing the cause and do- citing them to be illegally deprived of their lberty, They are now discharged trom the commitment of the Supreme Court tor contempt, witout argument, examination or adjudication by the United Statcs court. The Supreme Court committed them for con- tempt; Judge Bond releases them until some indof- inite time in thé future, whem he will decide whether they ought to bo sent back to jailor not, That is the present condition, in fuct, of this case. * PROCESDINGS IN THE COURT, AS soon as the writ was served on the Sheriff, the counse! for ue Sheriff, Mr. Clark, and with him, rep- resenting the Supreme Court, Goneral Conner and eral Bradley T. Johoson, of Virginia, Messra, Yeamun and Rhett, hastened to the United States court where, mm a few minutes, the Sheriff and his prisoners wrived. Counsel for the Supreme Court asked to see petition, which is quite a lengthy document elab- oratcly prepared. While they were ex. am ning it, Judge Seitle, of North Carolina, one of the judges of the Supreme Court of that State and jate candidate for Governor against Vance, and Judge Denuy, of Indiana, were admitted to the bar and an- nounced themselves as.witnesses for the Board of Can- vassers, General Jobnson, one of the coansel tor the Supreme Court, was then sworn in, THE PETITION tor the writ of habeas corpus set out that the Board of Capvassers were acting under @ statue of South Carolina im counting the votes for electors of President and Vice President; what that statute was enacted under authority of that clause of the constitu- tion of the United States which agtuorized each State so appoint electors in such manner as it deemed best; that while doing saci duty they wero illegally inter- fered with by the Supremo Court of South Carolina, which had no jurisdiction jo the premises, and passed various orders on them to ao various things, ali of which are void, and then tucarceruted them tn prison for contempt in not obeying theso void orde: usurping court. . ‘This is the substance of the lengthy document. THE RETURN TO THE WRIT made by the Shoriff on bebal! of the Supreme Court shows that he holds them on a juagment tor contempt entered by that body; that this judgment was passod in a course of proceedings having relation to the count of the vote of members of the Legislature, and that @ione, and that the orders and judgment complained of had no reference to any counting of votes of electors directly or indirectly. Wien the return was in Judgo Settle asked thata time be Gxed for hearing the petition. General Connor objected to that and named Wednes- y, Provided the prisoners wore remanded to the cus- sody of the Sheriffof Richland county to abide the do- Hsion of the Court, Judge Bond said the Court could notdo that; he must put them in charge of bis own marshal, General Conver then withdrew ms consent to fixa day for bearing and moved to dismiss the peti- Moov He announced the roadiacss of counsel to argue is at once, Judge Denny said ho had beon travelling for wo nights; that he and hia colleague, Judge settle, bad sever seen the petition before, and they could not argue it without preparation, THR DkMOCRATIC ARGUMENT. Generel Jonson said thut in this most grave and ex- traordinary proceeding the petitioners ought to be epared to meet their case at once, Hore wasa propo- take gition to men committed to prison on tho judgment of the Supreme Court of a State cut of the custody of the ofileer ot the law having logal charge of them and, in effect, to roleaso them without argument and without dis- sussion, Committat to the custody of the marshal was im effect and m fact releasing them, for he would let ihem go at liberty, The practice in habeas corns was, 42 an important matter when grave questions wero disclosed by tho petition, to require iho caso 10) «6(be) argued «6on 6 rule to show cuuse why the writ should not issue, Tue Court would thus be advised if there wero uny solid reasons for asking its protection in advance, and woula not take upon itself to interfere with the jarisdiction of of an | another court without careful consideration before- hand, Where a prisoncr was taken from another court of the same jurisdiction, as when a federal court issued a writ of habeas corpus to another federal author- ity like a military commission in Yerger’s case, or an officer of the army in the case of Jefferson Davis be- ‘fore Chief Justice Chase, or for the commitment of a district judge or a United States commissioner, then the Court directed the marsha! to take charge of bim until the cause was decided pending tke hear- ing. But there is no case to be found where ® federal court has taken « prisoner from @ State court of a State court has taken one from a federal court, while the cause of detention was being inquired into. After tho sub- ject was investigated and alter the Court had decided the question the actual personal custody of the pris- oner was sottled, and not before, He remained iu the hands the Court tound him in until the mebt was settled. Therefore, if these men were to be at once disebarged bj formally committing them tq the Marshal, we asked tho prompt dismissal of the writ. The petition showed on its face that the Court had no jurisdiction, It alleged no legal case. It had not brought the wrong complained of within the federal powers. On their own showing they have no standing in this Court, and must be re- manded at once to jail and the custody of the Sheriff. Judge Bond said that this was the very thing to be settled. The petition on its face showed a prima facie case. General Conner said that the Court could not have read the papers, for they showed on the return of the Sheriff that these mon were committed for acts done im relation to counting the vote for members of the Legisiature. it was the judgment of the Supreme Court of a State construing a State statute and by the settled law of the Supreme Court of the United States. Such a decision is binding on all other courts, imeluding the Supreme Court of the United States, He read the Dow case, in Howard’s Supreme Court reports, showing that a United States Court could not, on a writ of habeas corpus, reloase a prisoner condemned by a Siate court, A REQUEST TO.THE CHIXY JUSTICE, Wednesday, at ten o’clock A. M., was fixed forthe hearing, and the counsel for the Supreme Court of this State immediately telegraphed Chief Justice Waite, ex, plaiping to bim the importance of the cuse, tho grave conflict of jurisdiction which bad arisen and urging him to come on and hear it on some day to be appointed by himself, A similar telegram was sont him by Colonel Haskell and the Democratic Executive Committee, REPLY OF THE CHIMP JUST:CK. To these telegrams the Chief Justice returned this answer:— Wasmixatox, Nov. , 1876, To Colonel HaskeLL:— The business of the Supremo Court requires my pres- ence here, MR WAITE. So this is the end of the imprisonment of the Board of State Canvassers for contempt. Tney havo defied the Supreme Court of their State; they have refused to obey it, and the United States Court supports them in their action. It, in rabetabe, has discharged them until the case is decided, aud! the caso will not bo de- cided until their party chiefs alesire it to be done, IN THE STATE COURT. In the Supreme Court of the State Mr. Clarke, coun- sel for the Sheriff, stated all the facts of tho release of the Board by Judge Bond ‘to the Court. It oracred him to put his statement in writing and bring it before the Court regularly to-morrow morning. The caso of counting the votes of the electors was continued over under advisement until to-morrow, and so was tne case of contempt against United Statos District Attor- ney Corbin. FEELING AMOKG THE PROPLE. Toenight the city is filled with people trom every por- tion of the Stute, who camo purposely to bo present at the inauguration of Wade Hampton as Governor. The events that transpired immediately preceding their ar- rival involve the greatest doubt and uncertainty, and the consequence is that the city is a bed of suppressed excitement. The frst thiog that startled thé visiting Carvlinians was the announcoment that Judge Bond had taken the recaleitrant Board of Uan- vassers ont of the city jail in deflance of the peremptory committal of the Supreme Court of the State and virtually sot them at liberty by placing them in charge of the Unitod States Marshal Follow- ing quick apon this came the nows that the President had ordered Goneral “itager™’ to~ disposo of his troops im tho manner dosignated by Gover- nor Chamberlain, ostensibly, as the telegram had {t, to keep the peace, but actually, as the whito people here interpret it, to tako charge of the State Hoase to-morrow and assist in affecting a republican organization of the Legisiature and the election of Chamberiain ss Governor. BLATION OF T! NSGRORS, Tho negroes wore greatly elated at the release of tho canvassers, but the news of the troops being placed at the disposal of the Governor has rendered them imsolent and intolerant in a marked degree, On the other hand this bas had a corresponding depressing cifoct on the democrats, They ure dotermined to maintain the poace at all hazards, and under no circumstances will they bo provoked into a disturbance for tho purpose of furnishing capital to the republicans at the North. . THK LEGISLATIVE PROGRAMME. As far as it can be ascertained, the republican Programme for to-morrow is at onco novel and unique The whole uumber of members of the House is 124, of which sixty-three is a majority or a quorum. The democrats have elected sixty-four, the republicans sixty, but by the exclusion of the counties of Edgefield and Laurens the demo- cratic majority 1s reduced to a minority of fMitty-six. The Supremo Court bas ordered its clerk to issue to tho members from Edgetield and Laurens the certificates refused by the Board of Canvassers. Notwithstanding this the republicans will refuso to recognize the delegations from those counties, and they will hold that the entire number of members of the House electe1 is 116, of which 59 will be a quo- ram. Proceeding on this assumption, they will at- tempt tu organize, elect aSpeaker, and, vy a canvass ef all the counties excepe Edgefield and Laurens, as- certain and determine a majority for Chamberlain and proclaim him Governor. ARKIVAL OF GENERAL RUGER. General Ruger arrived to-night, but what he ‘wil! do has not been developed. “It is not believed that bo will garrison the State House, but that he will go post the troops that he will be within casy call in event of a disturbance, THE DEMOCRATIC PROGRAMME. Thave been unable to learn definitely the programme. to be adopted by the democrats to-morrow, The lead- ers only tell me that it will be peaceiul. Any number of plans aro suggested on the street, but of course these suggestions are valuable only in proportion to their probability. The opinion prevails generally that the democratic memvors ot the Legislature will march |p procession to the State House, bearing the certificates of election given by thé Secretary of State, and headed by the delegation from Edgefield ana Lau- rens, who have reecived certiflcaies rom the Clerk of the Sapreme Court in place of thoso refused by the Stato Board of Canvassers, and that if these are permitted to enter the other members will follow and tho work of organization will proceed. If the Edgefield and Laurens delegations aro refused admittance tho entire body will retire and organize elsewhere. It is hoped by them that @ sufficient namber of republi- caas, inany event, will co-operate with them to ob- viate any dificuity. PROTEST OF THE DEMOCRATS AGAINST THE PRESIDENTS PLACING ‘UNITED STATES TROOPS UNDER THE COMMAND OF GOVERNOR CHAM- BERLAIN. Conumsta, Noy. 27, 1370. The foliowing despatch, signed by Senator Gordon, of Georgia; Senator Johason, of Virginia; Gencral Wade Hampton, several circuit judges, @ large number of State Senators and Represontatives, white and colored, and many other prominent citizens of this State, bas just beon sent To Tuk PResioent ov THe Uxirev Stares:-- We, the andersigued visitors in « distance, and a committee of the democratic members elect of tne South carolina Legisinture, the Democratic Exocutive Committee and citizens, havieg just seen by Asso- cited Press despatch that Governor Chamberiain hus applied jor United States troops to be placed under his orders at the assembling of the Log islature to-morrow, send this our solemn pro- test against the troops bemg piaced under the command of Governor Chamberiain, We have no ob- jection to the presence of troops, and wiil co-operate with them im preserving the peace, but we protest against te uve of the United States Army in control ing the orgapization of the Logisiature and eniorcing the inauguration of Govervor Chamberlain, who nas been d2teated by the white and colored voters at tho baliot vox. ‘There ie not tho remotest dango» of disturbance of 4 the peace by democrats, If it occurs 1% will be at tho instiga:ion of Governor Cham! whose partisans have taken the only lives lost in t! te exciting can- Vass in tnis State, Not one drop of blood has been shed in any political disturbance except by republi- cans. It is iiterally true that the democrats received thoir greatest inajorities counties where the Urited States troops were tioned, What pretence, there- fore, is there for Governor Chamberlain's demand for troops to keep the peace? We reler tor confirmation of these statements to the commander of the United States forces at this place and elsewhere tm the State. ? FLORIDA. MANTON MABBLE ON THE SITUATION-——PBACTI- CaL E¥¥YECT OF THE LITIGATION—A CLEAR MAJORITY FOR THE TILDEN ELECTORS OVER AND ABOVE ALL FRAUDS. [BY TELEGRAPH 70 THE HERALD. } TaLtauasser, Fla, Nov. 27, 1676. To tux Epiror ov Tux HeRaLp:— On Thursday two cases were argued, neither of which has been decided. One of these cases sought to enjoin the Governor trom issuing a cortificate of the election of electors without a pre- vious canvass of the county by the Board.of Canvassera, and the other of the cases sought to compel the Board to proceed. ‘The Court hasissucd a restraining order to the Governor. The Board was convened to-day. This is the practical effect of the litigation. The certificd copies of the official returns in the custody of she Democratic State Committee show a clear majority for the Miden electors over and above all frauds, No returns have been shown by the republicans, nor have any official figures thus far been discleacd. MANTON MARBLE, returns OPENING OF THE STATE CANVASS--RUMORS OF FRAUD AND MANIPULATION—-HOW THE RE- PUBLICAN POLICY OF DLLAY WaS ENDED— THE CHARGE OF DEMOCRATIC FRAUD IN 1874 BEFUTED—ESTIMATES OF THE TWO PARTIES— 4 SENSATION IN THE CANVASSING BOARD. [Bx TELEGRAPH TO THE HERALD. ] TALLauasskE, Nov, 27, 1876 On this, the day of the opening of the State canvass, rumors of all sorts are flying about as thick as motes in asunbeam, Thore are only two that [ shink it worth while to wire you, RUMORS CURRENT, The first is touching tho returns. It is discovered this morning that the official returns from Dade county are not in. It is suspected by the democrats that Gloason, the clerk of Dade County Court, who has been absent from his post since the election, ts sccreted outside, within ¢é@legraphic communication of this Place, with a blank certiticate trom that county, which he will fill up with figures sufficient to give Hayes a majority a8 soon as the canvass of tho returns is made and he knows how mach is needed. A FAMOUS MANIPULATOR, This Gleasou is the most famous manipulator in Florida and was the man who engineorod the famous Bashtord olection frauds in Wisconsin twenty years ago. Several years ago, in this Stato, the election ro- sulted in almost a drawn Legisiature. Gleason was in Now York during the clection and was not a candi- date, Reaching the State a woek after the. eloc- tion was over and @iscovering how tho thing stood, be had a ew elcction ordered in bis county, secured some dozen votes as ropresentative, came to Tallahassee and was seated. I do not think the democrat neod be uncasy, as Dade bas never voied over thirty votes in all. hore ure goveral hundred Indians, though, in tho county who have never voted, although the law allows, them the privilege. The democrats are afraid that Gleason will come in about tho last day with a largo poll hst mude up of Indian voters, HOW THE DELAY WAS ENDED. The other rumor is quite important, if true, and’ I am disposed to give it some credence. [t is said that the unexpected assembling of the Returning Board was net in accordance with the republican progremme, but ‘was caused by tho bolt of Comptrolier Cowgill, one of the republican membors, trom the party programme of delay. It 13 ascertained that after listening to the man- damus case he at once took the position that the Bowrd should meet at ence, As Judgo Cocke had already voted for an immediate session this settled the matter, and the remaining member, MelLin, acquiesced. It is Positively known to your correspondent that Governor Stearns and the leading republican managers did not know of the proposed assembling of the Board till alter Mr. McLin was notiled that the order calling it together must issue, It is not less true that up to the very hour of tho announcement that tho Board would assemble, that the republicans were openly oppdsed to its early meoting. Their fight before Judge White and their threats aguinst bis jurisdiction were intended to pat off the meeting altogether. I am disposed to be- lieve the rumor that Mr. Cowgill has kicked out of the party traces and will pursue un tudependont role during the canvass. Lf this is true tho domocratic outlook 1s vastly improved. GOVERNOR STEARNS AND THE JUDGES. It ts reliabiy stated that the Orst judges who were summoned here by Governor Stearns very plainly no- titled Lim that he bad no right to canvass the returns of the clectoral votes. This, combined wjth the action of Mr. Cowgill, which produced a totally unlooked-for solution of a very serious difficulty, will go far to ex- plain the evident bad humor of the republicans, TUR BLRCTION OF 1874. Throughout Saturday considerable feeling was aroused here by the card which appeared in the HkuaLp over the signature of General Barlow and others, charging the uemocrats with deliberate iraud in the election of 1874. Tne truth or falsity of that charge 1s pertinent just now, a8 giving evidence of the morale of the democratic leaders here, and will go far to deterniine what contidence can be placed in their work or statements. TRETIMOXY OF EX-GOVERNOR REED, The following testiinouy trom ox-Governor Harrison Reod, who was Governor at the time referred to, and isstill a strong working republican, would seem to dotnitely settle that the charges contained in General Bariow’s card were erroneous. The despatch read: JACKSONVILLE, Nov, 25, 1876. : To G, Pasco:— Ex-Governor Reed, who has been confined to his bed for the last two months by a dangerous tliness, izes and requests me to state tit he has caused a ta be written to Hon, George F. Drew, denying that thore iy or ever has been any evideuce 1nplicating any democrat or member of the conservative party with inutilation of the returns for Jackson county in mgd us uswerted in the recent aespatch seat Norta by W. EK. Chandler and uthers, and be asserts that all tho re- turns come to the capital in proper fori; that the mutilation was done by a, clerk who had access to the papers and was instigated by repuvlicans tor the purpuse of prejudicing the colored y of State aud the Governor; that the altera- « prompt measures taken to correct it without prejudice to any individual or public interest. J. J. DANIEL. TUR MILITARY, Gcneral Ruger left this city this morning for Colam- bla, S.C. He was accompanied by no troops, Colonel MeGinnis beimg lis only travelling companion. Ger eral Brannon is loft m charge of affairs here, There bas been no movement of truopa in the past few days. KSTIMATES OF THR TWO PaRtiEns, 1am ena)led to give you to-day the estimates of the two parties, the republicans having come down to figures at last, Governor Stearns claims that the face of the returns will show forty-two majority for Hayes This estimate includes the 219 Alachua votes, which, st seems to be agreed, will not be counted, and twelve votes of acknowledged overcount in Jefferson county, which will certainly not be counted. Admitting these 281 votes, the democrats still claim 181 majority tor Tilden, Thero ts not a differenco of ten votes between any of tho olectors. OPENING OY THE BOARD. Tho Board opencd with a sharp sensation in the matter of the repubitcun electors’ protest against Cocke, on account of nis despatch to the North, When Cocke, ia reading tho despatch, reached the point where it says ‘tho radicals can’t cheat us out of 1t,"’ be threw bis bead up defiantly and says:— I hope, air, that they can’t.” It was noticeable that when Mr, Cocke movod to ad- mit Mr. Drow to the proceedings Mr, Cowgill leaned ovér and quictly asked Mr. McLin, ‘‘Any objection to that?” Mr Mel.in replying im tho nogative, Mr, Cowgill suys:—“All mght; I agree to admit Mr. Drew.” The wires have been down here for twenty-iour hours. PROCEEDINGS OF TH CANVASSING BOARD. TALLAMassex, Nov. 1876, The Canvassing Boara met to-day at twelve o'clock in the office of the Secretary of State, Mr. McLin in the | epair. A protest was fled by the republican electors ngainst Attorney General Cocke sitting as a member of the Board, on the ground that he had virtually decided and given a decision prior to the assembling of the Board in that he had telegraphed that the democrats had cer- tainly carried the State and that the republicans could not cheat them out of it. Mr. Cocko stated that bho had sent the despatch to a friend in Baltimore, who had asked his opinion and who furnishod it to the uewspapers. He respectfully submitted that the despatch and the opinion therein contained did not disqualify him from sitting asa member of the Bourd. The protest was entered and the Board proceeded with the regular business. Mr. Cowgill moved thas Governor Stearns and Gea. | eral Brannon, commanding the troops at this point, be admitted to the sessions of the Board. Mr, Cocke moved to amend by adding the namo of | Mr. G. F. Drow, Tho amendment was accepted. The Board then went into private session, and adopted rules for 11s government. It was agreed to admit six gentlemen from abroad and six local politicians of eacu party to the sessions of the Board. Avjourned until to-morrow, at ten o'clock. RULES ADOPTED BY TM BOARD. The following are the rules agopted by the Board of | Canvassers for its governament:— ‘The Canvassing Board will commence its duties on | the 28th day of November, inst, at ten o'clock, and | will meetdaily thereafter at the same hour unless a differout hour be fixed, exeopt on Sundays and | hohdays, and = will reuiain = 80 longs tn session each day ag the necessities of the case may re- quire in orger to facilitate the canvass withia tho brief period which remains tor that purpase. ‘ihe following rules of procedure ure adopted aud are hereby promal- gated, First—The ofice of the Secretary of State, whero by jaw the Board is directed to meet, being small, & limtted-number of persons only, not’ exceeding six’ tn Dumber, equally representing each political party, will be admitted to witness the proceedings, except when the Board may think it necessary or desiruble to close | the doors lor deliberation. Second—Tho Secretary of State shall open the re- | turns from each county; whereupon the Board will | proceed to examine the same and determine from the | lace thereof, subject to final review, whether tho legal formaitties and requirements with respect thereto have been complied with; and, on an aillrmativo do- termination of such proliminary. matters, the chair- man shall announce the vote of the count: Third—On be announcetaent of the vote of any county any person may give notice the said returo and election or the vote of satd county of any pracinct thereo! will be contested and the clerk shall forthwith note tho objection. Fourth—the contestants, subsequent to the an- nouncement as aforesaid of the resuit as it appears on the tace of the returns, must file with the Board briet statements In writing, giving specifically the objec: tious proposed to be made, with particulars of time, place and circumstances, togetber with a statement of the relief demanded, Fifth—ln view of the fact that the Board has no power to compel attendance or examination of wit- nosses it will reccive in evidence proper affidavits and also such ollicial certiticates as ure made evi- dence by law aud may be otherwise admissidlo It either party desires to produce vira voce testimony they must submit to the Board a brief statement in writing of uames and residences of witnesses and facts expected to be proved by them, and the Board, tn their discretion, will allow them to attend and will themselves examine them, the extent of wuich will bo necessarily dependent on the time at the disposal of the Board. Sizth—The attidavits and documentary proofs on each side shall be tiled with the Board in the oilice of the Secrotary of State aud shall be accessible te the other side under such regulations as the Socretary of i State shall think proper forthe safo keeping thereot, Seventh— All motions and arguments shail bo in writ- ing and signed. No oral arguments will be allowed. Aighth—The concurrence of a majority of the Board being necessary to dutermine its action, such concur- Teuce with respect to any proposition or matter may be formally ascertained by a vote upon a motion duly made und secouded, or informally by the asseut of at least two members. Nmnth—The Board reserves to itself the right to Make and upnounce such modification or addition to these rules as the caso tay requiro, Parties in pre- ferring chargea and in presenting their proots and urguments should bear in mind that the canvass must be completed and the result reached tu time for tho electors to discharge their dutv under the law. LOUISIANA. THE RETURNS OF MOST OF THE PARISHES ° THOSE REPORTING DEMOCRATIC MAS LAID OVER—-DEMOCRATS Ghow- ING DESPONDENT OVER THR ACTION OF THE BOARD-—-BOTH PARTIES COLLECTING EVI- DENCE IN THE INTIMIDATION CASES. [BY TELEGRAPH TO THE HERALD.] New Ortxans, Nov. 27, 1876, The Returning Board opeved the returns of nearly all the remajning parishes to-day, including most of the wards of New Orleans. In all cases wivero largo democratic majerities were returned they were laid over for further consideration, despite the absence of any protests, This Is thought to indicate a fear upon the part of the Hoard that they are still short of suf. ficient protested returns to overthrow the democratic majority and aro preparing the way to seouro their object beyond the possibility of any blunder. So closely have their proceedings been followed that the democratic committee unites in believing that, bad as the election law 4s, the object of the Board cannot be attained without gross violation of its iniquitous pro- visions, DEMOCRATS DESPONDENT. Governor Bigler and G. W. Julian, who havo all along becn the most confident and hopeful of tho eom- mittee, are to-day Very Gespoudent, and are cousider- ing the proper course to pursue im the emergency now deemed almost inevitabie. COLLECTING BVIDENCH. Both parties are collecting evidence and bringing negroes to the city as witnesses im the intimidation cases. The republicans have stacks of ailidavits and the democrats have already received some 6,000 from negroes who voted the democratic ticket. The prepa- ration of evidence upon both sides is upon so extensive ascalo that there js no probability of its ever boen ex- amined otherwise than superficially, Everything quiet and business almost prostrared. PU¥DS SUIPPKD TO WAsmINGTOX. It Js reported on good authority that all the funds in the Mint, which is now used as the United States Treasury, were shipped to Washingioa by special order to-day, PROCEEDINGS OF THE RETURNING BOARD, New Ortxaxs, La, Nov. 27, 1876. Tho Returning Board mot at eleven o'clovk A. M. All the members were present and a large crowd in the lobby. ‘The Visiting Republican Committee, Messrs. Stough- ton, Van Alen, Kelley, Parker aud Hate, und of the Democratic Visiting Commities, Messrs, Palmer, Smith, Tramball aud Julian were in their seate, Vuring the proceedings, alter calimg the Board to order, President Wells stated that the board would de- cline to hear read aby motions or provesis whatever, Democratic counsel objected to au entry on the minutes to (ho effect that Rule 8 of the Board had been modified so far a8 to allow the admission as rebutting evidence of ex parte alliduvits in couiesied casos. Colovel Zacharie tlied @ protest against the suddon moditication of the rule, ou the ground that a change hau been inade atter application uf counsel for a mod- ideation had been reused, and What thus the demo- cratic cominitiee had lost the opportunity of prepar- ing revuting affidavits, whereas this privilege had been accorded to the republicans, The protwst was vot read or acted upon, but re- ceived and laid aside, Mr. MeGloin, counsel for the democratic candidates, filed a request that the ballot boxes of East Baton Rouge be sent for, im order that the tally sheers and statements of the votes sealed up in four of the boxes could be @btained aud the vote counted, Tne docu- idvuts wore sealed ap im boxes, Ubrouzh ignorance of the law on the part of the Commissioners of Klection, Tho secretary of the Board was instructed on Savurday to telegraph’ ior the boxes, but failed to do so on tho plea of want of funda, Sufficient moncy to pay ail expenses was deposited with the secretary wy the demucratic counsel und the necessary message wat sent, There were democratic majorities at the polis where te above mistake was made, aad uniess tho taily sheets are procured the vote will be throw: ‘the Board thereatter weat into oxecttive sess: the room was cleared of all persons except members and commitiecs. ln executive session the Board examined returns frow the following parishes und wards, namely Bienville, West Baton Rouge, Bossier, Caluwell, Car- roll, Claiborne, Jeflorson, Moretouxe, Rapides, Red Rivor, St. Landry, Webster, Winn, and the First, Sec- oud, Foarth, Filth, Sixth, Seventh, Kightb, Ninth, Tenth, Kievontu, Thirveenth, teenth and Seven- teenin wards of the parish of New Orleans. These retarus were examinod and laid over tor future action, there being protests aud contests iu each cas in the Seventh ward of Oricans parish the Super- Visors threw vut the vote of one of the pulls, wuere there was a majority of 173 for the Tilden eigetors, on the grouud that the voto hud not been counted and returned within twenty-four hours aiter the close of tho election. Tho Board then adjourned until ten o’clock A, M. to-morrow, A SENSATIONAL STORY SPOILED. THE ALLEGED WITHDRAWAL OF GOVERNOR HAYES ON THE ADVICE OF SENATOR SHER- MAN A FABRICATION. (ex TeLzGRaPH TO’ THE HERALD. } Coueunvs, Obio, Nov. 27, 1 Tho story telegraphed from hore iast wight to va- rious papers that Senator Sherman had telegraphed to Governor Hayos advising him to withdraw from the Presidential contest on account of irregularitics in Louisiana, and that Hayes, acting on this advice, had sent his relative, General Johu Mitchell, to Washington to cousult with the National Committee relative to his withdrawal, 1s a fabrication made out of whole cloth, such letter or telegram has been received from Sher man; that Mitchel! has not been sent to Wasbington, but that he is now in New York on personal business, and, in a word, that Hayes, Itke various other people ts patiently waiting for the bottom facts. NORTH OAROLINA. PROTEST OF THE CHAIRMAN OF THE REPUB- LICAN STATE COMMITTEE AGAINST THE AN- NOUNCEMENT OF THE VOTE ¥OR PRESIDEN- TIAL ELECTORS. [BY TELEGRAPH TO THE HERALD. ] Rauuicu, Nov. 27, 1876 Colong! Thomas B. Keogh, chairman of the Repub- | Mean State Committee, to-night filed a protest with Governor Brogden against the announcement of the vote of North Carolina tor Presidential electors. He enumerates twenty-three counties to which be objects on the ground of illegal returns. He claims that the throwing out of these counties wilt, with the omis- sion of eight counties not heard from, give the State to Hayes, Colonel Keogh furthermore alleges that Will- | iam B, Glenn, a democratic elector from the Seventh district, ts ineligible, being a commissioner under the act establishing the Southern Claims Commission. TENNESSEE. OFFICIAL VOTE OF THE STATE. [BY TELEGRAPH TO THE HERALD. ] Nasuvitis, Nov. 76. The official vote, footed up to-day, gives Tilden 133,166; Hayes, 89,506; Porter, 740; Thomas, 78,095; Manoy, 10.436; Yurdiy, 2,163. Total voto, 210,026. In the First district, Randolph, republican, received 12,349; McFarland, democrat, 11,215. Certificates will be issued to Congressmen and members of the Legisla- ture elect to-morrow, ANOTHER INELIGIBLE ELECTOR. AN UNPAEDONED BEBEL AaLLEGED TO HAVE BEEN ELECTED IX MISSOUBL. Sr, Louis, Nov. 27, 1876. Considerable comment has been indulged in bere, growing out of the fact that General D. M. Frost, ono of the democratic Presidential Electors of this State, has been pronounced ineligible. General Frost isa graduate of West Point. He served in the army sov- eral years and was in command of the State militia at Camp Jackson, in this city, when it was captured by Major Lyon, in May, 1961, and subsequently served in the Confederate army. He claims to havo a pardon from President Apdrew Johnson, and that therefore his disabilities have been removed. The republicans, howover, assert Johnson's pardon stands for nought against the constitutional amendments on the subject of disabilities, and that he cannot act legally as ao elector, THE METCALF-FROST CASE. Sr. Lovrs, Mo., Nov. 27, 1876, The Metcalt-Froat caso was continuod in tne Circult Court to-day, and several other witnesses, including D. M. Houser, ono of tho proprietors of the Globe- Democrat, and E. T. Allen, Chief United States Super. visor of Election, testifled to the same genoral effect as the preceding witness, ‘The counsel for Motcalf then rested their case, d the defendants introduced two judges of Election pre- cinet No. 57 and ono of their clerks, who testified to the making up of the poll book of the precinct, but could not tell wheiher the original figures wero 272 or 292 After consultation the counsel agreed to submit the case, Judgo Lindloy said he would rendor a decision on Wednesday next THE ALABAMA SKNATORSHIP, DIF¥YICULTY OF THE DEMOCRATIC CAUCUS IN SUTTLING UPON A CANDIDATE. Montaomxay, Nov. 27, 1876. ‘The Alabama Legisiature will bailot for United States Sevator to-morrow, The demccratic caucus bas taken twenty-cight inefectual ballots and will meet again to- night, The prominent candidates are Governor Hous- ton, General Morgan, Hon. J. L. Pugh and Colonel Her- don, The -democratic caucus hag in attenduuce 103 out of 130 Senators and Kepresantatives, Business hore 1s almost at a standstill, pending some solution of the Presidential complication. ALABAMA DEMOCRATIO CAUCUS, Moxtcousity, Nov. 27, 1876. The democratic caucus adjourned to-night without making a nomination for Senator. All of the namcs were withdrawn except those of General Morgan aud Mr. Pugh. ‘The two-thirds ralo governed, and neither ono received the required voto which was- sixty-eight, On the forty-eiguth ballot, the last ono w-night, Morgan received tho highest vote, The caucus will meet to-norrow night, THE POLITICAL SITUATION, A TALK WITH HON. SAMUEL J. RANDALL—MORE FACTS ABOUT LOUTISTANA, Hon, Samuel J, Randall arrived at the Fifth Avenue Hotel on Sunday evening and lett tor Philadelphia yes- terday, He was one of the committee of distinguished gentiomen who went to New Orieans tor the purpose of watching the proces of canvussing the vow of Louisiana, aud would have remained there as one of the permanent democratic committee but for the necessity of his coming North to attend to press- ing bustnesa prior to’ the openmg of the next session of Congress, In conversation with a correspondent of the Heratp Bir. Randall expressed b:mself fully on tho present alarming condition of political affairs, yet, with great caro and becoming moderation, as became one who would probably jead the House of Representatives in this crisis, which doubtless will prove one of the most memorabie in the history of the country. He ugreed generally with the viows Of ex-Governor Curtin as ex- pressed to a HigRaLD reporter and already published, but seemed confident that all points were guarded in Louisiana against the perpetration of outrageous frauds by the Keturning Bourd, and that if Madison Wells, Cazenave, Kenner and Anderson did count in Hayes electors it would be In the face of true democratic majorities, and the bo madd clear’ to ev fair-minded 2 ia ihe country, and ‘vaulting ambition would o’erleap itself," "In the parishes already counted the majority cast for democratic electors correspond, almost exactly With the gilicial lists received froin the supervisors, and, 1u order to vvercome these majorities, the Board pust throw whole parwbes on the ground of in- pidation, and this they will hardly dare do with tho eyes of the whole country upon them. Mr, Randall agreed with the writer that there was no need of troops in New Urieaps; taat the people & eS were wise and patient, aud had acted with unexampled pradeuce nm the present ersis; and what was true of them was true of the people generally in the South, The leas watistied that a juat public sentiment in the would be aroused by the arbitrary acts of the retura- ing bourds, and tvat good men of both parties would unite m demanding that the man whe should sit in the Presidential chair must do vply after receiving a majority of electoral votes, honestly cast ior bim by cloctors honestly selected and according to the methods prescribed by the constitution of the United States. ANOTHER CHANCE FOR MR. EVARTS. To tHe Eorvor ov 7un Henatp:— Will you picase ask those bankers, merchants and basiness mon who, during tho campaign just passed, requestod the Hon. William M, Evarts to give them his opinion of the possible effects of the election ot Samuel J, Tilden upon tho crodit and business men of our country, to unite now ay then in asking Mr. Evarts to address them upoa question of the effect upon the credit and business ests of our country Of the vicction of a Presidout ‘counted in,’ or pli there by fraud, and where the result is tainted with a Suspicion of tilegal or faise fecuras? COUNTRY BEFORE PARTY, ATHLETICS. The Greco-Roman wrestling match between Harry Howard, of Glen Cove, L. 1, and William J, Aastin, of New York city, for the light woight championship of America and $250 a side will take placo this evening at Central Park Garden. This will be the second meet- ing between these mon, in tho former coutest Jast Spring Mr, Austin beiwg defoated, receiving a severe blow on the head in tho firet bout, = T deter mined straggio may be anticipated, trainiad faitufaliv and Leis contd I state on authority thas po | } With a mice ran of 35. Slosson opened the fifth inning ot 296 } and won the game by vold playing, leaving Dion at THE BILLIARD TOURNAMENT. SLOBSON, RUDOLPH AND GARKIER THE WIN- NERS—-RUDOLPUE'S LALGE AVERAGE. The seventeenth, eighteenth and nineteenth games of the tournament at fammany IHall were played yes- terday, leaving but two more to be played. In theafter noon gaine between Jusep' Dion and Slosson the former was the favorite at 4 to 3 Rudolphe sold at 3to® ic his game, with Daly and Garnier brought 4 to 3 against Shafer, SLOSSON VS. 4. DION. The seventeenth game of the twenty-one to be played brought the above two players together. Slos- son played tor two blanks and « score of 6 points im his Grst three imuiags, Dion took 3 twice and followed with @ run of 15 points, which was interrupied by a stupid decision made by the referee. Slosson counted visibly, DUL through tInatsention the referes decided uot and the balls were given to Dion. Ho played them well and made them yield Lim 103 putnts before he tauled, This gave bim a great advantage over Sios- sou, who was very much annoyed at the referve'a docision. The game stood on the fifth and evem ipaings, pioy 145; stosson 21. The play for several innings was indifferent, outside of runs of 19, 39 aud 16 tor Slusson, aud 26 apd 3% for Dion, At the cloge of the twenty-lirst inning Slossum was 147 poinis in the luren, bet recovered himself by one run of nd another of 60 on top of it. Dion tu the same time played for 16 and 7, leaving Slosson still 61 points bebind Hi. The latter made up 33 of on the twenty-sixth inning, which left bim 44 to mak against 11, which his opponent still required to wy Arun of 19, folowed by one of 11, brought bim within 14 of home, Dion ig the meantime making 7 his 11, Slosson showed the better nerve of t out of 300, The following is THE SCORR, 0, 6, 0, 15, 0, 19, O, 1, 4, 0, 1,0, 39, 0, o, 80, 0, 19; 11, 2, 10, 3—3ue! Slosson—| 26, 29, ¥, 3, 10, 7, Slosson's averag Re ‘The above two players were down tor the fret evens ing game and proiuptly ob ime stepped to the table, Ruaviphe took 1 iroin the lead, which was followed by Daly waking 3 The second play gave the Frenchman 13 more, to which Daly responded with a pretuly played ‘run of 40 pomts, Rudolphe went us the bulls in that slow and cautious manner peculiar to him and brought them wo the rail, whe: played with great delicacy und. made a very w of 72 The game so tar gave promis average. Duly was the first to mark a blank inning, Tho sixth play put Rudolpho over bia first wire, tbe game standing, at the close of even innings, RUDOLPHE, 102; DaLY, 58. ‘The latter played badly for three imnings and lett a break tor Kauolpne, who, as he uever fatis to do, played tt to the greatest advantage. By continued carefui work aud good judgment be secured 77 points before he retired, This gave him a lead of 122, two more than he had to make to win, Daly made 17 potnts iu his oiute inning, and sat down on ao careless miss. Rudolj benefited 3 points by it, and Daly shot again, Al svoring 18 he went to hig seat ou another very carele: play. Rudolphe was not long im bringing the bails weil in band on the end cushion, where be took 26 uut of them and sent them to the side iv good shape. Af 46 they “froze” on bim, but he made the count from the spot and ended by being “*kissed off” at 60. Daly, who Was wow 149 points belind, missed twiee im suc: cession, The thirteenth imuing, however, be improvet for 29 points; but Rudolphe, steaiy as @ clock, tool hold of the balls on the opening of the fourteent! toning aud won the game by 173, making by tar ame best average tm tho tournament, The following = THK YCORK, Rudolphe—1, 13, 2, 72, 3,11, 1, 77, 0, 8, 69, 3 @ Daly—2, 4, 40, 0. 10, 1, 0, 0, 17, 18, 0, 0, 29—129, Rudolphe's average, 21 3-7; Daly's average, 9 5-13, GARNIER VS. SHAPER, Shafer led of in the closing Kume of tho evening, but failed, Garnier did tho sume, but picked 19 out of them on bis second play. Ln six :uulogs Shafer missed four times and made a slim total of 6 points. Garner's fourth taoing gave him 34. The seventh and ninth guve Shafer 17 and 23, the only play of amy uote be mave so far. weak potnt ts 1n playing around the table. He can nurse tho balls otcely, but misses the — simplest = shots in playing te gatber the bulls. In closing the tweitth ini Garnier made 50 sbota in jest titty second; und, Waiting & moment to take breath, went On to 82, when they “froze.” He scored from spot and had the balls in shapo the sec s atter, ‘They got away from him alter he bad made 83 points. Two more inulugs gave Shaler 6 potnt after which Garnier put tv avother +cot rapit shota, numbering 88, Shafter had _ made 66 in thé sate time his opponent had harvested 268, but for the first time in the game he went in for 95 points in the eightcenin inning. It was a good attempt tu catch up, but Garmer was still 102 abead, aud Noshed the game with arun of 31 points. The toliowing is THE SCORE. 9, 1, 1, 2 24, 88, 1, 80 Garnier—0, 19, 0, 24, 7, 6, 0, 1, 0, 31—300, - Shater—0, 1, 5, 0, 0, 0, 17, % 23,1, 2,2, 6,22, 95—167. Garmier’s average, 162-8; Shafer’ e, 9 5-18, The foliowing is a record of tho gamos played:— Won, Lost, Played, Slosson. .. wee & 2 a Rudolphe. 4 1 4 Diva . 3 2 : Garnier 3 Daly. 3 4 Cc. Dion. 1 4 Shate 2 ‘The two concluding games will be played this even- ing between Josep Dion aud Rudolphe aod betwoem - Cyrille Dion and Maurice Daly, SALE OF SPORTING GUNS, A very interesting saie of doudle barrelled breecR and muzzle loading shotguns and fowling pieces took place yesterday at the uuction rooms of T. Johason, No, 37 Nassau street. There were seventy-two spech mens of fine workmanship, mostly English, catalogued Jor sale, The general average prices which these gunt Drought were from $25 tv $40, although, of course, some broughta much higher price. A Hollis & Son's, exe tru tine breech-loader, Damascus steel barrels, due tours pin bridle var locks, top snap action, twelve bore, \lorty-ineh barrels, weight seven and a quarter pouods, brought $63. A rather good specimen of W. W. Green- ers workmuusbip, in the shape of a tine breech-loud.¢, laminated steet—varrels, bar lucks, side ' sap actien, patent strikers, twelve bore, thirty-inch barrels, seven and three. quarter pounds weight, was knocked down | lor $69. A beautifully duished breech-leadgr, W. & CG, Scott & Scu, laminated steel barrels, 4 locks, percussion fence breech, ‘aaah | patent act! tweive Lore, thirty. inch barrels, buckhurn heel plate, became thy property of un euthasiastic sporteman fos $90. Another gun by the same makers, and scar interorily finished, was sold at $84. In contrust wi these prices it may be notod that a good Greener’ double barrelled muzzle-loader fell under the hammes at the insignificant Ugure of $28. Aguu, an English breech-loader twist barrel, back action side snap action, ten bore, thirty-inch bar rela, eight miue pounds, went of tor $22 A Holis & Svu's extra fino breech-loader, Da inaxcus barrels, op smap action, bar locks, rebounding hammers, fence breech, buckborn heel plate, ewelve bore, thirty-inch barrel, seves aod half pounds, feb under tne hamwmer for $73 Perhaps the best sold gun and at the same timo th Dest bargain wus a genuine Westley Ricbard’s breech loader, fine laminated steel barrels, bar locks, i | ten bore, thirty-tuch barrel, weight eight and a pounds, which, alter considerabie competition among Ue bidders, was sold for $120. ‘There wus present a considerable gathering of. interested in possessing @ gua, 1d to be quite lively. Thefowling pieces sold Were all ot foreuen mauutacture, an inter: esting line of industry in which our American makers have not yet largely embarked, There! English, French and Gorman makers bave thus fag been able to keep the fold tor themscives, The sale will be coutinued to-day at noon, there bemg still quite a varied stock remaining that will be put guder the hummer without reserve, THE WRESTLING CHAMPIONSHIP, New Yorg, Nov. 27, 1876, To the Eprron ov tht HERALD: — With your permission I acknowledge the receipt of Mr. Charles Murphy’s challenge, which appears tn the Uxnatp of yesterday. In reply 1 would say that I am preparing myself tor my contest with Mr, James Owens, of Vermont, which 1s to take place at Boston, Mass, betwe the 5th and 16th days of Decombes next, and as said match is mai lay or pay,” would be imprudent to take chances of accident before that time. Again, my time ts all taken up therealter unui! f return from California next spring. I bad determined nut to uppear io New York again at pres- pot and cannot, anless it can be done between now and Tuesday evening, Decomber 5, 18976. However, should sueh dates meet Mr, Marphy’s views, I wall 8 represen ir House any evening not later thaa Thursday ot this week, between the hours of six an@ ne o'ciuck, 10 sign articles and put up the money, Yours, very respeciiully, J. H. McLAUGHLIN, “HAND BALL, Alatge crowd gathered at Casey’s Court, No. 112 Douglass street, Brooklyn, Ra rizr Alene te witness several games played bet “ James Dane aud Phil Casey, prs year es