The New York Herald Newspaper, December 4, 1876, Page 4

4 — NEW YORK HEKALD, MONDAY, DECEMBER 4, 1876.—TRIPLE SHEET. THE PRESIDENTIAL MUDDLE o Threatening Aspect of Affairs in South Carolina THE DEMOCRATIC MEMBERS TO BE EJECTED. Chamberlain’s Constabulary Force To Be Introduced in the House. RIOT AND BLOODSHED FEARED. How the Tiden Majority ls To Be Over- come in Florida. THE LOUISIANA RETURNING BOARD. Democratic Parishes To Be Thrown Out. LOUISIANA, THE REPUBLICAN PROGRAMME-—PARISHES TO BB THROWN OUT TO GIVE HAYES A MaJoRrIty—— A CONGRESSMAN AND LOCAL OFFICERS TO BE COUNTED ovr, [BY TELEGRAPH TO THE HERALD.) New Onreans, Dec, 3, 1876, ‘VYhe Returning Board was in secret session at Wells’ private room until two o'clock this morning, and re- sumed their sessions to-day, PARISHES TO BE THROWN ovT, IL has leaked out that they have deetded to throw out the following parishes:—East and West Feliciana East Maton Rouge, Ouachita, Richland, Morehouse, Union, Claiborne and Winn. This will give the State to Hayes by about 1,200 majority. COUNTING OUT A CONGRESSMAN, In addition to this it is vow known that strong efforts are being made by Chandler and others to secure & republican Congress, and with this view it is rumored that the Congressman of the Secoud dis- trict, Hon, Randall Gibson, 18 to be counted out, liis majority’ was about 2,600, but by throwime out the Fourth, Fifth and Sixth wards of Orleans, which, it is sid, has been done, this result can ve secured. It is now generally believed that the republican pro rramme will be carried out to the letter, aud that be. tides the national and State tickets, many of the parish ind city officers elected by the democrats will be jounted out, SOUTH CAROLINA. Tat DOUBLE HO STILL IN SESSION— FRIGHTFUL CONDITION OF THE HALL—SUN- Day IN COMPARATIVE QUIET—HOR- RIBLE PUBLICAN PLOT TO EJECT THE DEMOCRATS—HOW IT WAS PREVENTED—THE ANTICIPATED PROCEEDINGS 1N COUNTING THE GUBERNATORIAL yOTE. {BY TELEGRAPH TO THE HERALD.] Couvanta, Deo. 3, 1876. The two Legislatures manfully hold tho fort in the bail of the House, They remained there ali last night and all day to-day, and are now preparing to stay there all night, Contrary to expectation, there were ho rehgious services beyond the singing of a few hymus by the negrocs. The Sabbath was, however, the moat harmonious day since the two houses occu- pied the hull, Even the negro orators subsided in deference to the day consecrated to divine worship, ‘ THE MEMUKKS AND THE HALL. To-night the members look sleep, and thoroughly ex- bausted after the joss of sleep since Thursday morning. The ball is fithy and doubéless filled with vermin, the floors are covered with peanut shelis, the débris of the meuls of members, c'gar stumps and fruit peelings; Dut a proposition to adjourn or even to leave it for an hour to have it swept up Is rejected, This proposition, let it be suid, comes trom the republicans, who, for the frst time, began to appreciate cleanliness, 1t was re- ected by the democrats, beciuse they eaw a trap in it ‘© get them out, the garrison, bar the door and pre- rent bat those whom the republicans choose to admit from going im So the hall remains as nasty as a hogpen. However uncomforte able it may be the patriotic democrats Lave to grip and bear it, tue comlortable seats and desks and carpets are luxuries which they are not accustomed to, and they cheerfully remain, smokiog, chatting and snoring tround the stoves, or stowed away in all sorts of poste tions on the floor or benches. A VISIT TO THE SCENE, This evening I visited the State House, was ad- mitted at the front door by a soldier, passed the PASSED wny two sentinels and made my way up the stairway to the door of the hall of the House of Representatives, The colored doorkeeper begins to know me and I went in, for the first time, without a Great dealot questioning and annoyance, There was Qothing going on; members were walking, sitting, chatting, smoking and some sleeping. Tho only two who seemed to be officiully engaged were the two mem- bers who filled the respective Speaker's chair side by tide. Wien I came out I met a United States army officer going in. On reaching the lower floor I ‘waiked about among the soldiers, looking at the stacked arms and stood listening for a while 10 a crowd of Boye in Blue who were singing a come song, While thus engaged Spoaker Mackey came running down stairs snd across the hail, I stopped him to ask him the news, but he answered evasively and excused himself, | ying be had been sent tor by Major Keilogg, who | tummanded the troops in the State House. He on- sered a room immediately adjoining the office of the 3ecretary of State and diagonally opposite the office of Governor Chamberlain, which, 1 suppose, is the tem. porary headquarters of Major Kellogg. MYSTERIOUS MOVEMENTS. While waiting for the return of Mackey I saw a party of four civilians emerge from the ante chamber ot the Governor's oflice, They came in my direction and ‘Went up to the officer commanding the guard, who was walking to and fro at the door, Hore the gaskght tell full upon the party, and I recognized C. C. Bowen, of Charicston; General Denis, ex-Superintendent of she Penitentiary, who commanded General Ruger’s troops on Tue: last; Judge Denny, of Indias and the well known, thin, palo and clear cut features of Governor D, H. Chamberlain, He spoke to the officer fur a moment and then the party went by the front door. I tollowed, saw the party enter carriage and drive off in an easterly direction, while the Governor lives to the north of the city. My di- Toction was northerly, or down town; the hour was about twenty minutes past #ix and it was very dark, As I passed the palmetiv treo that stands (un front of the State House I saw the dim outitne of a figure waik- ing slowly and then stanaing, as if looking after tho caring, 1 diverged from the Pathway, scrutinizing the figure, which was that of a man in an overcoat wearing a beaver. It was General Ruger. Here was ngular lotot coincisents; there is something on the tapis to-night; what itis no oue can tell, but something ts contemplated of a very serious nature. A PLAN TO KIKCT THE DEMOCRATS. A conspiracy to eject the democratic members at any cost was discovered last night through the dis. sloaure of a person in the secret, who informed Hamp- ton of it im time to permit steps to dbo twken «to thwart it, A number = of foughs from Charieston avd other cities were Jo be introduced, 4 few at a time, in the House under Mackey’s pass; they wore to bo blackened like negroe the dita light to be undistinguishable from the red men. As they came in they were to take the seats of the colored members who were to go o1 quietly as the others came in. After ali were in and the tolored ropablican members had withdrawn, at a sig oal Mackey was to order the sorgeant-at-arms to wrest Wallace, the dewocratio Speaker 0 The darkies take it casy; to many of them | | requisite to forma quorum of the House, is a legal the House. This would oe resivted, and the | simulated negro members were then to rush to the assistance of the Sergeant-at-Arms, opeuing Gre on the democrats, whothus taken by surprise and at disad- vaptage would fall an easy prey. THK PLOT DISCOVERED. This knowledge was communicated to Genera; Hampton from a source entitled to perfect credit, and | he at once made General Ruger acquainted with the details, General Ruger expressed the impossibility of believing anything so terrible. General Hampton told | him he wouid try to prevent it; that he desired to keep the peace at all bazards, but if it wasattempted and any of the democratic members lost their lives he could not foretell the consequences, With this understand- ing he left, and the rest of the night was spent in mak- ing preparations to prevent it by being as thoroughly prepared {or it as possible, THE HORROR OF THE SITUATION is that only the democratic members and some six or eight of their advisers, Colonel Haskell, chairman of club democratic commitices, and others, are allowed to enter the hall, while large numbers of republican out- siders are admitted by Mackey’s pass The reason the democrats have not beore this asserted their rights, as they believe them in the hall, is that they understood pertectiy well the moment they do so the military will enter and expel them, The night passed restiess!y to ull and the move was not made, doubtiess prevented by the preparations to meet it, ANOTHER PLAN ARRANGED. To-day Hampton and Haskell received a detailed communication from a Hayes republican of the Evarts and Bryant type, known to be responsible, which explains the contemplated movement to- | morrow, Sixty or seventy desperadoes ap- pointed by Chamberlain as a Stato constabu- lary, wearing badges, are to be introduced into the huali armed with revolvers. They are to | bea detail of Aftcen men trom the “Hunkidori” Club of Charleston, Muckey's club there, and at the signal the attack is to be made on the democrats, The plan istor the colored members to act as flankers in this operation. This move is intended to clear the tall of the democrata betore two o'clock, Wuen it is intended to declare Chamberlain Governor. This communica- tich was also sent to General Ruger this evening, ane Hampton had a further conversation with him this morning, the same substantianlly as that of last night. PREDAUTIONS TAKEN, Precautions are being quietly made for to-morrow, By midday 10,000 peoplo will be here to attend the State Fair, and tor several.days there will be from ten to twenty thousand people bere to witness the fair and to witness the inauguration, If the issue can be staved off until they come it will probably not be made atall, Every republican leader and the tools used to perpetuate thoir outrages will moet with certain vongeauce, THE GUBERNATORIAL COUNT On the other hand, if the matter is dropped—and I think it will be, because it 1s so well known and pre- pared for—then at two o’clock the Senate will proceed to the hall of the House and the vote for Governor will be counted and declared. The democratic Sena- tors will join their democratic brethren of the House, and while the republicans on one side count Chamber- lain in vy excluding the vote of Edgefield and Laurens, on the other hand the Democrats will couut the voteas declared by the Board of State Canvassers, including those counties, and dec'are Hampton elected, Both Governors will then be sworn iv and Hampton will be {oaucurated in the presence of the great crowd of 000 people, This will muke two governments, two houses, two governors aud ofe Senate At present the Senate acknowledge the Chamberlain House; but it is by no means impossible it may become disgusted with the rovolutionary acts of the Mackey House, which is filling iis vacant seats with bogus members, denounce it, acknowledge tho Hampton House, and thus end the imbroglio, CARRYING OUT THE PROGRAMME. Tlearn to-night that the programme above indicated is already being carried ou, Orders have been issued to the troops at the State House to admit nobody but members of the Legislature having certificates from the Secretary of State or persons having constabu- lary badges. It 1s reported that quite a number ortbe latter are now lying on the floor of the ante- room to Goverbor Chamberlain’s office. The plot wiil be carried out to-morrow, The militiaor constables will march to tho hall, sustained =~ and perhaps supported by United States troops, They will demaud tho removal of Speaker Wallace from the cbair aud the — ejectmeut of the members from Edgefield and Lanrens, If these latter resist they will then be ejepted by constables with the United States soldiers at theirback. It can be done no other way without dloodshed. To- morrow is looked forward to with great anxiety and horrible anticipations, SCENES AT MIDNIGHT. A visit to the State House at midnignt resulted in ascertaining that the greatest care is exercised in the admission of persons to the building. Members of the press Lave to be personally known to the ofticers betore being admitted. Presenting myself at the door | of the House of Representatives, I was post- tively refused admission, and had to send a written application to Speaker Mackey, who at length came outand haif reluctantly let me 1, The democratic members who were awake seomed to be unaware of the impending crisis, 1 am informed that the ante chambers of the Executive and Committee rooms and other offices, are filled with special constables to be used to-morrow im ejecting the democrats | representatives. neral Ruger and bis aid have been telegraphing constantly the entire night, The Demo- cratic Executive Committee are similarly engaged, voth of them communicating, jt is supposed, with | Washington, The indications are that there will be a collision tu-tgorrow between Chamberlain’s constabu- lary and the citizens on the streets if it does vot take place in the House. The situation ‘s exceedingly criti- cal and a feverish feeling of suspense and anxiety pre- vails. OPINION OF JUDGR WILLARD. The HeRatp correspondent called upon Judge Wil lard recently, and the tollowing conversauion took place :— CoRResroxpent—What 1s your opinion on the de- velopments of to-day? Judge Wittako—I have been quietly at homo, as it is Thanksgiving Day, excepting while in attendance on public worsinp, and am not really ia full possesston of | the facts concerning the evonts of the day. Cornesroxpent—What do you understand as the | basis of the organization of the two bodies claiming each Lo be the House of Representatives? Judge Wittanp—I understand that a portion of the | members elect, consisting of a tinority of the num. | ber of members held by the Supreme Court as entitled | to take their seats, orgunized themselves as the House of Representatives in the hall of the State House, while the residue of the members elect, constituting a majority, I understand, ure also fully organized and | claim to be the House of Representatives. The con- thet of these two bodies tuvolves questions of a serious nature, bat the remedies he within the constitution and laws of the Siate. The question of the legality of these bodies, so far as it turns upon the provision of the constitution prescribing the number of members question that when properly presented to the courts can be brought to a satisiactory solution. CorKEsPoxDENT—Is there any case likely to arise in which the executive goverament of the United States would be justified in undertaking to solve the question of legality as between the two houses by military in- terveution? Judge Wittanv—I know of no means within tho constitution of the United States by which that ques tion can be acted upon or determined by the executive brauch of the government of tue United States, The President of the United States knows the Governor of the State offlcialy, and in hke manner the Legislature of the State. He can no moro take notice of the integral elements that constitute the Lozisiature than he can officially notice the relationship between the House of Lorde and Commons in Great Eritam, The Legislature can only proceed from the vonstitu- tion by agencies controlied by the State constituuion, It the development of that legislative body is con- trolled by agencies external to the constitution of the State—by military intervention— caa not be said be an outgrowth of the constituiion of the State, ba must, in that case, be controlled vy an exercise ol military power, Which can only take place when a state of martial law hes been declared by competent author- ity. Martial law does not exist in South Carolina, Pablic authority is in ihe hands of tae civil power, federal and State, The troops of the United States can vo regurded in no other constitutional light than either 08 @ rolnforcement of the militia of the Stute as jederal officers, acting under the laws’ of the | United States’ An effort will be made by the republicans, if necessary, to carry the matter special constabulary force in thes hands of the Gov- ernor as Executive of the Stal No aeclaration of martial law hos been made by the Governor, nor has the militia of the Stace beon called into active service. The military force of the United States, it placed sub- ject to the contro! of the Governor, can therefore Stand im no other Nght than as a special con- stabalary force, aud as sach, under the constitution of this State, they can only be used by che Governor to enforce the mandates of the courts of justice of this State. It is impossible that the federal troops, acting aga constabulary force, can take the initiative in any matter except such as might be performed by the or- dinary peace officers, and in doing so are fully respon- sible to the laws and the judicial tribunals of the State, Any other exhibition of force would be in violation of the constitutions of the United States and of this State, and would inaugurate a state of unlawful violence. FLORIDA, THE LAWYERS PREPARING FOR THEIR ABGU- MENT—-THE CaSE AS MADE UP BY THE TWO PARTIES—FEARS OF THE DEMOCRATS OF A CUT AND DRIED PROGRAMME INDEPENDENT O¥ THE EVIDENCE—POSITION OF THE DOUET- | FUL MEMBER--A PROJECT TO COUNT IN STEARNS. fy [BY TELEGRAPH TO THE HERALD.1 TaLLAmAssex, Fla, Dec. 3, 1876. | To-day has been a busy one with the lawyers, and your correspondent is informed that the general argu- ments are now ready and will be introduced | to-morrow morning at 10 o'clock, In the Saturday night session quite # brisk fight | | was had over the request of the democrats that they should be allowed to read their argumont to the Court, | the republicans objecting, At length this permission was granted, and the morning session will aoubtiess be occupied in reading the two arguments, It is im- possiblo to say what the final decision of the Board will be, THR DEMOCRATIC TESTIMONY, There is ne doubt that the democrats have made vastly the detter case, Their evidence has been much more pertinent and conclusive; their witnesses have been much more intelligent and } reliable and they bave gone very fur toward proving that the republicans have used bribery, forgery, de- ception and force in making up their case, They bave had one witness, Moore, on the stand, who contessed | that he rgceived $100 as.a Uribe to sign a retraction ef a certain affidavit in which he charged the Archer in- spector with raising the returns; another witness, Dukes, who swore that an affidavit presented by the republicans with his signature was a forgery, pure and simple; another witness, Belton, who swore that he was made drunk and then persuaded to sign an affidavit, the contents of which before and afer his intoxication ho swore were false; another witness who swore that he signed an | affidavit on the strength of a grand jury preseatment | that was never made, and another witness who swore that squads of United States troops went about the country, under the leadership of republican politi- cians, collecting affidavits by the scores, The intro- duction of these witnesses throw a smart shade of invalidation over their whole case, THE REPUBLICAN CASE, The republicans made a mistuko, it 18 generally be- leved here, in resting their whole case on questions of intimidation and violence, This, too, in view of the fact that the election was uotably peaceful and quiei. They have made, however, a stubborn fight, drawing their papers with unugual shrewdness and injecting a political string in almost every sentence of their legal | papers, Everything considered, the republicans ap- pear to be ‘the more confident; im fact, they have never from the first allowed a dount to be brought to their discussion of their result. Their canfldence has had an express assurance that was unlike boasting. The democrats have feared from tho first that a cut and tried pro- gramme had been arranged at Northern besdquarters and would be blindly carried out, despite any develop- ments made at this point. The depression caused by this fear has prevented their giving proper importance to the power of their case, considered simply as a case, still they bave great hopes in the strength of the argu- ment they will present te-morrow morning. THR DOURTFUL MEMSERS. The solution of the problem is with Mr, Cowgill, the doubttul member of (8 Board. No maa in America ever held such tremendous power as now resis Vetween the fingers of this groy-headed gray-eyed, gray clad man, who seems to rather enjoy the conse- quence that is put on him. By the simple saying “yea” or ‘nay’? a halt dozen times, this hitherto un- known man can cod this unlaralleled suspense and put Mr, Tilden in the Presidential charr and start the current of trade to running in thelr wonted channels. By voting conirarily it 18 possible he may make Hayes our next President, Four separate votes cast by him, with Mr. Cocke, would, however, assure Mr. Tilden’s un- disputed triumph, Whether he will cast them or not | can only be told alter the result is reached, ‘The democrats are uneasy at the intimacy he dis- plays with Governor Stearns and the gang of disreupta- bles that hang around him, THR GUBERNATORIAL VOTE. A little excitement is created by rumor that the re- publicans have determined to throw out enough coun- | ties to regain control of the Legislature and count in | Stearns, who has been beaten beyond the sbadow of a | doubt, Tho Floridians are excitable and passionate, but it is claimed that they will sabmit to oven this out- rage without an outbreak, A HINT AS TO THE RESULT. There ia but one thing done to-day that gives the least sort of lint as to the result wnd that is the post- ponement of the sale of the State Railroad that wus to. have been placed ou sale, It ig said that a ring con- sisting of Stearns, Sherwin, Cowgilt, Littlefela aud others, ali of them without means, have arraugsd to buy the road onder a trick and roan it them. seives, The postponement of the sale for ninety days is taken Lo be indication that the republt- cans have assurance that they will be in powor at that time, Both sets of electors in the city. IN BXSCUTIVE SESSION, The Board has been in executive session all day, reading over affilavits and getung the testimony in | some sort of shape. HOW HAYES CaN BE COUNTED IN. The technical acon orthe shortest route by which the Board can bring out the vote for Hayes 18 48 fol lows:—Tilden has a majority of 135 on the face of the returns. Certain clerical errors in the reiurns, con- fessed on beth sides, will inerease tuis to Isl. The republicans will thea have to sustam the 219 votes in Alachua, the 950 majority im Duval and the 129 votes attacked in Jefferson, these being all included in the estimate that gives Tilden ISL They will then have to throw out Jackson's 95 majority, on the ground of mtimidation, and Manatees 236, because there was uot a clerk in the county during the elec tion, constituting a technical irregularity, This will give Hayos over 100 majority. It is probable that this is the course by which the Tilden majority will be overthrown, in case it is determined to overthrow it. THE NEBRASKA ELECTORS. Omata, Dee. 3, 1876. ¥ The excitement over the movement of the demo- erats yesterday in petit‘oning for an injunction re- straining the repu “un electors irom casting their votes 18 Very great and is increasing. Leading repub- lieuns claim there 1s no danger, as the District Court of this county bi }o authority over electors, who are to the Supreme Court of the State, The hearing is set down for to-morrow afternoon at tour o'clock. The ablest lawyers in the State are engaged on, both sides, Tho democrats in their petition admit that Hayes has over 184 votes. In regard to the extra session of the Legislature called for next Wednesday, strenuous efforts are being made by both parti by the republicans wo have qquorum, and by the demo- crats lo prevent one being present, THE TWENTY-SECOND JOINT RULE. EX-GOVERNOR VAN ZAND('S OPINION OF IT— THR RULES ADOPTED BY A CONGRESS EXPIRE Witt THAT CONGRESS, Newport, R. L, Dee. 3, 1876, This evening your correspondent met ex-Governor Charies C, Van Zandt, one of the vest parliamentarians in Now England and ove of the most eminent and suc- cessiul lawyers in the State, and elicited from him his views upon the counting of the eivctoral vote. Mr. Van Zandt how presided inthe House of Representa- uves in this State for seven years and in the Senate two years, ana was president of the Convention (hat nominated the republican electors. He was also chairman of the State delegation at Cincinnati and an | Votes from the several States tn the presence of the | Senate und the House of Representatives, This duty is clearty ministerial, and 15 limited to that by the obv‘eus construction of the constitution. | dential electors stull ve | sealed, to the President of the Senate of the United State: | jority of the whole number of clectors appointed, | covsutution iurther provides that Congress shall have | the certilicates and certity thereon Ub | there, im the words of the staiute, ‘the certificates, or earnest supporter of the Hon, B. H. Bristow for the ! Presidency. The following was the result of the brief interview, and it willbe seen that it is free froma partisan spirit. Connesroxpext—Governor Van Zandt, will you fa- vor the Hera.p with your views with regard to the present condition of the twenty-second joint rule of Congress? ‘ Governor Vay ZaxpT—I have no doubt upom that subject, The twenty-second joint rule expired with the Congress that adopted it, A rule of w legislative body, whether jomt or otherwise, is entirely unlike a general inw, which ism force until itis amended or repealed. A pariumentary rule or order quly & law to the existing legislative body that acopts It, and itexp'res with that body. [heretore the rules adopted by ove Congress expire with that Congress, and are emtirely inoperative, Iu fact Ley Wave io par lia mentary existence as to any succeeding Congress. econd rule 18 dend, aud no disinterested and | experienced parliamentarian cau take any other ground. Ap attempt was made tu re-enact it, aud it was adopted by the Senate, but being a joint rule, and the House of Representatives failing to concur im this ac- the rule tailed of adoption aud 1s Dot ju existence, herefore not 1p {01 NtT—What are your views as to the rule when it Was tu lerce* ernor Vay ZaNvT—! have always bad doubts as to its coustitutionality. [tis clear to iny mind from the constitutional provision, the precedents and the in- bering propricties, that the presiding officer of the United States Senate is (0 open and count the electoral itself « I therefore think that the twenty-second rule, which provided for judicial discriminative tion for and uguinst the electoral votes of any State exceeded the coustintional powers conferred and limited. The President of the Senate opens and counts, either by | tellers or otherwixe 8 he may select, the clectorai Voies of the several States, and then announces a pre- existing result which he bas ascertained by tis acuon in opening and countmg. Any otber action not only trauscenus the constitution, bet ivolves results and processes Which would be ‘impossible to accomplish, Suppose, for iustunce, that a majority of either house 01 Congress could move to reject aud did reject, either in whole or im purt, the electoral vote of any State, This musteither be dove arbitrary and by partisan action, or it must involve fuli_ and minute investiga- tion by compecent processes Now, the latter course 1s impracticabie, because it might extend through months aud involve the hearing Of a great array of wituesses, and certuuly our forefathers when they tramed the constitution did not contemplate the other course of procedure, ‘The several States have provided bow aud by what tribunal the results of weir election of Prest- certained and certified, and this action 1s tinal and absolute, I believe, substan- tially, that these views, which I give you burriedly, will be entertained by the best parliamentarians of the coantry, aud that they cannot be avoided or gainsuid by mere political partisans, DAVID DUDLEY FIELD'S VIEWS. HE BiLIEVES TILDEN TO BE ELECTED--THE WELFARE OF THE COUNTRY OV GREATER IM- j PORTANCE THAN PARTY INTERESTS. A Hxuaup reporter visitea Mr. David Dudley Field, at his residence, for the purpose of obtaining his views on the existing political crisis, Tbe following conver- sation ensued :— ‘ “Will you auswer a few questions about thé law of the present political complications?” “Yes, lL will The practive of interviewing now in | vogue is getting to be almost a nuisance to the inter- viewer, the interviewed and to the puvlic whd have to read what is reported to be said. But the present agitation is so great, and the issue so much depends upon what the people think, every man appears to me to be bound to contribute what he ean—be it ever fo little—to the sum of public opinion,” “What do you tniuk of the use made of the federal troops in South Carolina??? “Think it was. a simple outrage, without a decent pretext; an outrage which, sooner or later, wiil bring severe punishment upon its authors, and which must be punished, if we would preserve our liberty,” “What do you think is the duty of the citizen in the present crisis?” “To keep cool himself, to urge others to keep cool, to get all the facts he can, and to express bis conciu- sions frankly, without any regard to the office-holde: the office-seekers, or to party; tney are of small value; the country is of incalculable value.” “Whatis your own position? ’? “voted for the Hayes electors, but it appears to me probable that Tilden electors -suflicient in number to elect him have been chosen, This 1s the conclusion which I draw from the information given in the news- papers and tbe conduct of partisans on both sides, 1 have, besides, private intormation which eatisfes me that in Louisian t least, a great number of colored men voted for Tilden, They appear to bave reasoned this way :—That they have been promised a good time; that it bad not come, and they wantedachange. My own view of the general result being what I have stated, L cannot do otherwise than hope that, unless a different state of facts be hereafter shown, Mr. Tilden will be declared elected and put in possession of the office’? “How can this be brought about?” “You know the provisions of the constitution and statutes on the suiject The constitution declares that euch State is to appoint electors in such manner us the Legisiature (hereof may direct; that these electors are to vote by ballot, make lists of the persons voted for, sign and certily them and transinit them, 3 that the President of the Senate is, ip the pres- ence of the House of Representatives, to' open all ine coruticates, and the votes are then to be counted = The ‘unguage of the constitution, verbatim, is, ‘Aud the Votes shall then be counted.’ “The coustitution further provides that tie person having the greatest number of votes shull be the Presideut, 11 such number be a ma- and that if vo person lave such «oma jority then from the persons having tho highest number, not eXceeding three, the House studi choose 1w:nediately by bullot the President, The all laws proper for carrying into execu- ed In the government of the United States, or im any department or officer thereot. So much for the consuiut Now, the act ot Cougress deviares (bat the electors shall meet and vote on the Vednesday of December; that the Executive of te shall cause Lures lists of the names of the ors 10 be made, certified and delivered to the electors of that State; then that these electors are power to mul tion all powers ve' to make and sigu three certiticates of the votes xiven by them, and annex to each certificute the lists Jurnished — by = direcnou ot the. Execuuve. Then the electors are to seat tthe lists of &il ihe votes of sue Sta en for President are con therein; theu they are to send oue copy by spe messenger to the President of the Senate, another copy to him by mail, and deposit the third copy with the District Judge of the United States in thor district, The statuts further provides that Congress shail be in session oh the second ednesday in February, aud 80 thany of them as have been received, shall then be opened, the votes counted, and the persons to dll tke oltices of President and Vice President ascertained aud jared, ayreealily to the constitution.” li resulis iron Luese diferent provisions of the eon- stitation and the statutes—First, (hat Congress has as-umed the rigbt to declare by law the mauner of ex- ecuting the provisions of the constitution where its terms are not explicit; second, that ne persons can be electors but those appointed in coniormity with the jaws of the State; third, that these electors cannet vote,until they have received from tne Thor of the a certilied list of their oWn names, which lat is t for acting; fourth, that the votes of the electors, hed by themseives, together with the Govervor’s cerutied tist of electors, ure sent to the President of the Senate in sealed envelo fifth, that the seals of these envelopes are to be broken by the President ot the Senate on tue second Wednesday of February in the presence of the two houses, aud, sixth, that the person having the greatest number of the votes shall be resident if that number is a Majoriiy of the whole number of electors appoimted. So all iy clear. )* “How, then, 13 a dispute to arise ?”” “In ¥arlous ways; here i ove likely to occur, South Caroliva has two rival Governors, Hampton and Chamberlain. Each, we will suppose, certifies a sep- Tate i18t ‘ol Ciectors, WhO send Up tWo certincates ot yotes, The President of the Senate receives two sealed envelopes, cach appeartug to bein due form. May he suppress one and bring in tho other, or must be bring in both, ou the second Wednesday of February, when the two houses meet? Now, the notion that he may throw one of them mto the fire and bring im the other appears to me unreasonable, dangerous and contrary to the whole praciice of the government. Without oing any further into the reason for this opinion L fave no doubt tbat ho mast bring both envelopes be- fore the two houses,” “What, then, must he do?” “When the two houses are together and he has in his hunds the two sealed envelopes from South Caro- lina be surely canuor then do what he could not have dune before—that is, throw aside one of the envelopes and open the other, He must open both, so that both houses can sco what he has opencd, What then is to happen’ Both certideses, with the lists attached, are regular in form, there boing this difference be- tween them, (hat one is certified by one Governor and the other by bis rival.’” « “Who is to decide which stall be counted ?”” ‘fhe two houses of Congress, as 1 think, The President of the Sevate must act in respect to the counting of one or the other as directed by the two houses, They must decide which ts the right list, and to do that must in the first instance decide which of the two certifying oflieers is the Governor of South Carolina, de jure or de facto. in doing #0 What must be their modo of proceed- “T should say, first, If there be now a doubt about the mode of proceeding, Congress should remove tint doubt before the second Wednesday of February by pesving. Jaw, @ julnt resolution of adopting n joint rule, This they have the power to do, and if they wo not exercise the power it will be because the partisans: ‘on both , ib the strife tor the offices, strouger than the people, who do not possess tho ofllces or $$$ Gcesire them. That Congress bas ths power appears to me to be implied frow the language of the constitu. tion, and to be confirmed beyoud reasonable doubt by the reason of the thing and the geueral practice. 1 will mention oniy one mstance, but ‘bat app@ars to dec A. Presidential election was’ held during rebethon. You know that the Northern th: the Soutbern States wer r pretended secession; but, if in the Union, 1 might be contende: that they bad a right to vote, and the votes coming irom them must ve counted. In point of fact two ut least of them vid seud up votes—Louisiaua and Arkansas. It was nol, however, leftto the President of the sel to reject these votes, as tt should have been I ne had the exclusive right to decide upon the ‘ ig OF rejecting them, but tbe two houses passed the following law: Whereas, The inhabita: Starewot Virgini Viorida, Almbama, ba a has i, Louisiana, just the government of the the th day of ondition o1 jon of electors for Prese ivent and President of the tates, according to the constitution and laws thereof, was held thereis ou sald ierelore da ihe It'rescived by the Senate and House of Representa- tives of the United States of America in Conuress assem- dled, that the States mentioned in the preamble to this juint resolution are not entitied to representation tu Electoral College f Presidemt and Vico I 8, tor the term commencing o two elector H id States, concerning the chi jor suid term of o ‘de Approved rebruary 9, 1865, ‘And President Lincoln, in givil companied it with the following m g bis approval, ac sage :— t resolution entitied “Juint resulution deciurin, ates not entitled to representation in the #lectoral i renee to ess inplied in its passage and presenta. however, the two bouses of fe swellil: ‘article of the cous ete power to vsciude trom count: wed by them to be illegul, an rn r the Executive to defeat or ‘obstruct tl wer by us would be the case it his action were Allessential inthe matter, He disclaim all right of the exceutive ty iuterciere in any way in the canvassing or counting electoral votes, and also disciaiins that vy signing said resolution be has expressed any vpinion on the recitals of the preamule, or any judgment of is own upon the sabe Ject of the resolution. AMRATIAM LINCOLN, BAKCUTIVE MANSION, Keb, 8, 1865, But suppose Congress should fail to pass any such act in Lhe present emergency ¥" “+11, Uliuded by passion and indifference to the wishes aud Wauls of the sountry, eituer house retuses to join iu such au aci, it Will incur the gravest responsibilty, which L will nol believe possible until its eceurrenc But should they fail to agree upon a mode of proceud- lug, dud the two houses being met and both of the South Carola envelopes duly presented, aud the (uestion occurring which is lo Le counted, the two Douscs can Ge the spot both resolve that one ur tue | other shail be counted, or that neither shall be counted, Ll, WOWever, the Senute resolves to count one and Lhe House to count the other, my opivion is that neither cap be counted, The reason ts that the counting is an allirmative act of the two houses, and cannot be perlortued unless the (We concur, Such wus the pro- Vision of tue lite joint rule, and ib seems to me that ib expressed what the constiuuon impied. You may uy (Nat this 18 dangerous power to be possessed by either House, So itis, but any power way be abused, and $0 ali power 18 dangerou That, however, is pot a reason against the existence of the power; for it must be lodged in soe hands, and | can think nong more appropriate or saler than Congress. These are my views about the law of ibe casc, but, whatever may be the differences of opinion about the law, there cau be none about tbe absolute necessity of re- traning from all violence, Let us resoive to regurd the first person Who strikes a blow as a par- ricide; let us Show Lo the world that Americans have a pexeviul way of setting all their uispuies, uo matter how important. ‘The wrong will, svguer or later, ve righted, The mills of the gods grind slow, but they grind to powuer, Suppose the two houses, when mei, to declare one of them tor Mr, Hayds’ elvetion und the other for Mr, Tilden’s election; 1% scems tu be certain that, in such un event, General Grant will use the | federal troops iu Washington to imsuro Mr. Hayes? ipaugerauon, Lethim do i, Ihe House, believing tuat Mr Mayes i rightinlly the Pr ‘The representat remedy th their own bauds, a usurper, and tuat Mr, Tilden 1s ent, will ecoguize none but im. of the peopie have 4 peacetul Tuey can withbold any appropriaions to carry on Mr. Hayes’ ad- uinistration, — slop the — payment = of any salary to’ him, or to any member of is inet, and reiuse supplies for toat army which has been used to instal siatures und imauguraie a President. The present House can make the uecossary Aappropriauons to pay the Interest on the national debt, collect the revenues and Keep the federal courts open, Everything resis with the Honse. If it act with prudence aud tai set its face against all violent disorder, 1t can compel, by reiusing to act in coujunction with au usurping President, und that ac- on will be peuceiul and luwiul But I’ trust tbat no such contingency will arise, and txt the two houses, when they meet on Monday next, will appoint a jomnt, or cach u separate commitiee, to go into each of the three disputed Suttes—South Curo- lina, Louisiana and Florida—and = get at fucts pot already known, This iuform can be obtained, I should hope, veiore the rei biing ot Congress alter the bolidays, and if the two houses do not then come to an agrvement about tho mode of proceeding at the counting in February they will disappoint ail lovers of their country.” “Can tue House itsell elect a President ?”? “1 do not see how it cap, because the contingency authorizing 0 wtil bardly arise. Its right to act ac- crues only when no person has a majority of the votes of the whole number ol electors uppointed. But either Mr. Hayesor Mr. Tilden will huve, tn any event, a majority of the votes counted; that now scems proba- bie, Ibis true that some of tue eectors Who meet in the ditlereat States on Wednevday next may cast their votes for a third person; or, indeed, some of them, they think @ conspiracy exists to cast a fraudulent vote, tay vote for the candidate they think tairly elected, though not the one tor whom they should otherwise have voted, Neither of these con- tingencies, Lowever, seems prodable; and for aught I can see either Mr. Hayes or Mr. Tilden will receive a majority of the votes counted on the second Wednes. day of February. The worst that can then happen is that the Senate, with is Pr ent, will declare the former, anu the House will deciare the latter, elected, The former will be imaugurated, but the Represenia- tives will recognize ouly the later, Every true American wil hope that their Representatives wiil then rise to the height of American patriousm and statesmposbip, and show to the world how, in the great strain ofa dispoted Presidency, they kept their own sell-possession and guarded the liberties of them- selves, their feliow ciizens and their posterity. And 1 will aad that in my opinion the two candidates have the opportunity, by ther own vearing in this great crisis, to make themselves two of the most prominent and bdnored Qgures in our bistory.”” REY. DR. GARNETY'S DISCOURSE. HIS ADVICE TO Hi8 COLORED BRETHREN ON TRE ISSUES OF THE DAY. Shilob Presbyterian church, No. 140 Sixth avenue, was crowded Lo tts full extent last ovening, and among the congregation were a number of white persons who occupied the foremost seats and listened most attentively to Rev. Dr. Henry Highland Garnets’s discourse. The subject, as announced, was:—"*Words of counsel to oppressed Auierican citizens and an ap- peal to Christians and patriots in their bebalf.”’ Be. fore the reverend gentleman ascended the pulpit the choir and congregation sung with good effect one of Moody and Sankey’s well known hymns, What shail the barves be?’ Rev, Mr. Garnett took for his text— “For the oppression of the poor, for ihe sighing of the needy now will i arise, saith the Lord; I will set him tm satety Irom bim that puffeth at him.” He said:—It was earnestiy hoped by humane and benevolent men when the question of slavery im this conatry was settled that we would bave a rest aud the rights of men would be tuily respected. The experience of fourteen yeurs, however, shows that theJsystem of oppression of the colored race is by bo means detanet, The same iniluevces and thoughts inducnee the wen who had introduced slavery intw the country aud shapo the conduct of their descendants to-day. Those of the South who tormented our people und those of the North who winked at their doings merely accepted the change that events bad brought out, but without any change of heart, If Lameorrect im this view, and I think | am, all that is needed is time for these people to return to their tirst love. Toey think it Dow time and the spirit is made manifest and THEY THROW OPP THEIR DISGUISE and come out in their true character, They know they cannot enslave us again, but they can organize a system of terrible oppression to inflict on their tellow man. When Abrabain Lincoln signed tbe proclama- tion of emancipation the highest aim of the govern- ment was willitary necessity, Would it had been pitched ina higher key, Had tho people been taught that it was based on the rights of map uuder the provi- dence and justice of God, it would bave been handed down as a spectacle of moral grandeur never equalied ju the bistory of tue world, But it was not so, und though the government is not entitled to the recognition of the higher mouve, the great work now isto get the nation to acknowledg rights of nau, We cannot conclude that oppression 1 never to cease among us; it will come about in God's own time, for Unies and seasons are in His hand, God speaks by His Prophet:—"“Now I will arise and set him in safety against him who puffeth at him,’? Who are so poor as those who have lately been treed? They are poor be- cause they bave been wronged and outraged made objects of scorn, They who have MADE THE PROPLE OF THIS COUNTRY RICH have been robbed of the product and wages of thi labor. These black men and women reared the foun- dations of the greatest fortunes here, Had any other race been so treated they would bave been unknown to-day, There is a great work ip fature for the black race, and God nus preserved them for it, God will do- liver them irom those who make light of thelr affitetion. Men who claim to represent the principles of b- leanism and democracy look on the fiction of our brethren and make light of it You will find it al over New York and in Church and State, in saloon rather tako my chances with the most outraged of my race than with the high and mighty ones who puif at them. God will have His own gay. He will set aside those who say that our politics is of more account thun the whole nezro race. Ail wo ‘With some nco- want is to get our President elected. ple, too, we aro of no account It they their own political De of no more advantage to them they drop ont of line and let us stand alone, They could stop ail those murders now belng come mitted on our peopie South, and 17 18 A RORNING SHAME on the institutions of ‘bis country that. it is not stopped. There are some, not a t men who, gov- ad by principle, staug with the oppressed; but ju there are some of dur own race who take part with the oppressors. These men aro to be found North, not South. There they are made of better stuff. In 1804, Abraham Lincoii the In- as ana ‘osehas said, 1 ee ris ie but if they fight for the men Sho hen thaw in evel they deserve to be siaves.”” {1 they are driven out of their homes as they were in Alabama, where the binck man hus to g:ve four baies of cotton out of every forty acr the owner of, the land, jf their homes pere Santta ef ir he . Shoes ck men of the North might think different of the’ ry ressor, England, treind, Scotiand aint 4 tha eesti of Europe are standing horror-sticken and atazed at the developments brought ow in South Carolina. Was it pot providential that niet istrate of the country sent the best and m pono! both parties to be present iv Soub Carolina? ae my brethren, of that case of Pnkston brought ov: from bis house and seven bullety fred into him, bis child's throat cut from ear to ea and his wife o raged, Men in New York apologie for these thin, but pat yourself in the place of ry Piukston ; pice ture to yourself the ‘ MANGLED AND M.BKDING WOMAN as she saw the kajld put to the tlroat of her child, tind black men committed such 4n outrage, the land would baye been telling of it from wud to end. Why does not the pulpit denounce these ‘niquities? Why do uot the papers biaze with hot iniignation against these acts of monstrous cruelty and barbvuris ‘3 uipit and press rest ille resjpnsibility for the nuance of these outrages and iaiquitiog, they should open the War it would be Stopped, They could do it, lat they wi Every Sunday the preachers shoultthunder agarnet these iniquit Take up the paper to-morrow wid you Will see a heading ‘Sensation iled?? in veter. ence to one of these outrageous: crines, Let these powers do whut they ought wo do and te government will do what it ought to do, The arnr and navy of the United States would have ben cailed te the rescue if the victime bud been of tain skin. ‘The yoverument of the’ country fos the next four years will be, decided, it Justice prevails, by (be treedmen of te south. Lousiava, South Carolina and Florid these nob! men have wisely used the ballot. Abrham Lincoln Was a statesman, and because he Was atatesman he was a prophet, He said:—The time my come when the colored freeman by his ballot sal restore the Jewel of liberty to the aiadem of the regbiic”? It it is done tn this straggle it will be done byblack hapas, Rev, Dr. warnett concluded by caliing on his people to be prudent and cari of their words in these trying tim That they were ng volcano \ud a little standing ou the erust of x ng im, Mto théhorrors of Pressure might precipitate + mob violence, unbridled lice: ud terible crime, He begged of them not to give way to arty spirit. Give God all praise and glory if successti; not ta be boustiul, lor their enemies Were strongand they were coniparatively weak and defencelea, If de« feated, tobear it manly and heroically, torjsatd he, “Jehovah cannot be deieated, and | don't vtieve God has yet abdicated bis throne nor turned hig face toward tho wicked, ’” \ POLITICAL NOTES, Augusta (Ga.) Constitutionatist:—“Grant’s tates: slogan—‘Let va have fraud!*”? ‘“ Jacksonville (Fla,) Union:—**Loose tongues ar pub. Ne enemies’? Mobile (Ala) Register:—'*Florida looks safe. Now for the applications for office.” George W. Childs’ Philadelphia Ledger :— ‘Let us have peace’ is an invocation more pregnant with mem ing now than it had when those axiomatic worn wore first uttored.” \ Catholic Review :—‘‘One thing 1s beyona question, tho elections have gone aguinst the republican party) Whether or not Mr. Hayes be couvted in by a sorry and very doubtful vote, the fact remains, republican rule has run its course for the preseut. It has dispos- sessed itself.’” Kansas City Times: ay Gould and Grant were ‘pards’ in the Biack*Friday business, and they are ‘pards’ now in Gould’s chormous clection bets and in his $200,000,000 Paciiic Raitrond steal”? Springlleld (Mass,) Republican:—*Jay Gould is still putting Mr, Blaine into the Presidency via the Presi dency of the Senate and the Vice Presidency and the refusal of Congress to Jet us have a President ina regular way. His chances for having Mulligan struck by lightning are a good deal better,” Philadelphia Times:—*1t seems impossible for the bation to escape the false and iraudulent return, ander color of corruptly conceived, enacted and executed law, of Rutherlord B, Hayes as President-clect,”” Pniladelphia Press:—‘ We can scarcely conceive that the rebels who tried to overthrow our couotry will be permitted by Divine Providence to administer her ta ture goverument.’’ Cincinnati Enquirer:—“'We observe that the vote of San Francisco and that of St. Louis is just about equal— 42,000 cach. 11 18 ouly claimed for San Francisco that it contains 250,060 inhabitants, 70,000 of whom are non voting Chinese.”"—Chicago Tribune. “Instead o making euta case against St. Louis you have onl) proved the gigantic frauds perpetrated by the repubib cans of San Francisco. ’* Chicago Tribune:—'‘Complete returns from all tht counties of Ihuvois give Hayes a majority over Tildes of 17,406. The remaining four counties will add per ps 400 to this vore, In ningty-eight counties the vote for Cooper and Cary foots up 15,422." Austin (Texas) Slatesman:—“‘We are perleetly blessed in the perfect assurance that Chamberlain will be wrapped 1n the bioody shirt and tonderly laid away te die and rot and stink !n the memories of men forever.* Augusta (Ga,) Constitutionalist;—“If Grant really meansto havea fair count in Louisiana wny did he send such a beggarly set of partisan pimps to New Or leans ?”” barleston (8. C.) News and Courier:—“Seet ry Chandler, chairman of the National Republican Com- mittee, Just before he left New York tne otner day said:—‘l’ve got one man already down South, and the democrats will need damned fast tratm to get the in- side track of him. I dunt propose to be euchged 1p this matter, and Hayes nus got to be the next Presi: dent, whether elected or not.’ New Haven (Vonn.) Patladium:—“The cooluess and dignified contidence manifested by the average Amert+ can citizen under the trying circumstances of the last ton days 18 4 magnificent tribute to the strength of our mstitutions, 1t is only the gamblers and partisan politicians who have been uneasy or violent,” Charieston (3. C.) Journat of Commer ‘The clear, sonorous ring of Bayurd’s manly voice sounds above the din of the Presidential controversy like the notes of a bugle above the roar of battle. “Bayard is a proves statesinan to whoui conviction, principle and const tutional right are the sum of all that is most worth contending for in public lite,”” Richmond Whig:—*We hope Governor Tilden’s tat in the maeses is well founded. We shall believe with him that it wall ‘all end well’ unttl we are compelled to behold We coutrary.” Kokomo (Ind.) Tribune:—Roader, do you know the SMooth-laced, sainUy-looking cuss, ex-Senator Doo- uitley Do you know that oily devil, George W. Julian? Do you know General (?) John Love, of Indianapolis? Do you know Joln Morrissey? Well, tuese are some of the pure, angelic spirits who ure now in New Orleans to belp to geta fair count. Great Gud! what a count they would make if the returns were put into their bands |” A PATH OUT OF THE WILDER NEsS. To Tax Epitor or THe HeRALD:— Iv is admitted on all hands that Samuel J. Tildes has reeived 184 votes of the Electoral College, while, with South Carolina, Florida and Louisiana, Rather- ford B. Haves will obtain 184 votes, But men of all parties aro aware that the democratic House of Rep. mtatives will reluse to recognize the decision are rived at by the Returning Kourd of Louisiana, and hence rious, if not most alarming, convulsion may be on us before the 4th of March next, the Senate in- sisting upon the recognition of Hayes, the House ad- bering to Tilden, In fact, we may have two Prosi- dents, the one announced by Mr. Ferry and the other electod by the States represented in the House. Now for a way out of this wilderness, Jot all the electora chosen, both for Tilden and Hayes, mees at the time appointed by law and cast a unanimous vote for the present Chiet Justice of the United States, Morrison R, Waite, for the office of Presidout. Methinks neither Messrs, Hayes nor Tilden would object to such action under the cirenmsiances, nor would patriotic men of @ither purty, lor 1am per- suaded no honorable man will bonestiy wa} really beheves either Tilden or Hayae elected, Tho data tor able, The xction tnena settle vite Cone ‘roversy, but bring ardund a joyou» era of good feehog throughout the coantry, I have not the slightest per sonal acquaintance with Judgo Waite, but ali Kaow be has proved Limselt to be & man o} sterling Ww! ond unimpeachable honor, Elected by both parties, he would do jastice to each, Ata time lke this let us lap aside our ose of, party, and consider the im teresis ut Rowe more than of Cwsar, Very re spectiully C. R, ¥. 3—The President pro tem. of the Senate would continge at the acticg Vice President, voted for by Electoral College, Nuw Yous, Nov. 90, . would pot only i1 | |