The New York Herald Newspaper, December 8, 1876, Page 8

8 THE FLECTORAL MUDDLE. Reasons of Governor Grover, of Oregon, for | Certifying a Democratic Elector. Uz STANDS BY THE CONSTITUTION. Chamberlain Inaugurated as Governor of South Carolina. FLORIDA’S RETURNING BOARD. Democrats Anxiousiy Await the Congres- sional Investigation, GROSS FRAUD CHARGED. Text of Attorney General Cocke's Protest Against the Action of the Board, OREGON'S ELECTORAL VOTE. GOVERNOR GROVER'S REASONS FOR GIVIVING THE ELECTORAL CERTIFICATE TO CRONIN, [PY TELEGRAPH TO THE HERALD.) SaLEx, Oregon, Dec. 7, 1876, To THE Epiror or THE HEKALD:— At your request I give you some of the grounds of My action in granting certificates to electors in Oregon. ‘The laws of Oregon require the Governor to grant certificates to electors duly elected. In taking his oath of office the Governor is sworn to support the constitution of the United States and of this State. In the election of President and Vice President the constitution of the United States is the paramount law. That instrument de- clares that no person holding an ofiee of trust or profit under the United States shall be appointed an elector. John W. Watts, one of the electors voted in on the 7th day November an oitice of profit under United Staes—to Postmaster, at Fayette, the county seat of Yam- hill county, and hed so held that ofice for more than for Oregon, was ot holding and trust the three years. Many more than the numb constituting his majortty had actually pa: but of his office od oficial business, din and His oficial character was generally known, and was mdntioned during the political discussions of the can- vass. The law was known and the fact was known rendering him disqnajified to be an elector. A protest was filed m the Executive oMece, by prominent citizens, ob- jecting to the issuance of a certificate to Watts, as @ person disqualified, accompanied by proof of his disqualification, and demanding that the same issue to the eligible person having the next highest num- ber of votes. A re: was filed, objecting to any- thing but a count of the votes. and a certificate | on the count, and making no denial of the disqualifying facts. It was ruled, in the case, that where tue objection to an applicant’s right to receive a certificate rests upon the ground that a constitutional prohibition is interposed the G ernor, acting under oath to support the constitu. tion, is bound to entertain and determine the question; not only that, but is to determine in such a way as to enlorce the constitutional mandate to the extent of his executive power. It was also held that the law and the fact, being well known, the votes cast for the ineligible candidate cannot be counted for any purpose, and the eligible candidate having the next highest num- ber of votes was duly elected. This ruling was based upon standard authorities, such as Cushing and Grant; the decisions of many courts, like the Su- preme Court and the Court of Appeals of New York; the later uniform practice in the United States Honse of Representatives, and the great weight of English autnorities, both Parliamentary and judi- cial. The law of Oregon providing for filling vacancies in the Electoral Colleges recognizes a vacancy only in cases where there has been an incumbent and such incumbent has died, refused to act, Neglected to attend or is otherwise ab- sent. In this case there was no incumbent, unless the next high candidate should take the position, and there was no vacancy which could be filled by the other members of the Electoral College. The next highest candidate eligible under the constitu. tion of the United States was, therefore, certified to be duly elected. L. F. GROVER, Governor of Oregon. BEPUBLICANS DENOUNCE GOVERNOR GROVER's ACTION. San Francisco, Dec, 7, 1876. ASalom (Oregon) despatch says:—The republicans held a meeting here last night to consider tho action of Governor Grover. Resolutions were passed de nouncing him, and calling upon the United States Senate to prevent him trom taking bis seat on the ground that be has wilfully violated bis oath, Promt- Rent republicans ndvise a calm expression of public opinion, and itis now thought that no outbreak wili occur. Later advices from Oregon state thnt Odell hag been chosen messenger by the republican electors, Cronin Will act tor the democrats, 1t is sai Governor Grover's houge is under guard, The Intest advices from Salem, Oregon, the republican and democ room of the Senaie i passed an envelope through the door to Cronin, who Fead it as a certiticate of the vote given to Odell, Cart- wright and himself, He then put it in his pocket, re- fusing to show it to the republicans. Odell, Carewright and Cronin seated themselves at a The Secretary table and organized by electing Mr. Odell ena rman. ‘Watts offered to leave the room, but as the other dem- ocratic electors, Klipell and Lasweil, refused to leave, be remained, at the request of Odell and Cartwright ‘Watts then tenvered tis resignation as elector. Quel! and Cartwright severally demanded the certificates ¢ Cronin, Who repented!y refused to surrender them. After some time Cronin asked Ogell and Cartwright If they refused to act with him, They replied “No” very exnphatically, but they demanded that his authority to act should be shown to them. Cronin then left the table, and atter calling in Miller and Parker organized his electoral collvge, as before reported. The Republican electors made no objection to co- operate with Cronin, ‘The Secretary of State claims to have simply acted under Governor Grover’s oriers. The latter was burned in effigy at Jefferson last might ENGLISH PRECKDENT APPLICABLE TO THE CASE. To rae Epitox ov Tae Henarp:— Isee by the Hrraty that Mr, William Beach Law- rence supports the conrse adopted by the Governor of Oregon in issuing a certificate to Cronin, the highest | Tilden etector, in piace of Watts, the rojfublican post- master, on the ground that it is in accordance wiih English law and precedent, Mr. Lawrence is wrong. At the general election hold im England in 1865, Mr. Forsyth, the present metnbor for Marylebone, was clected member for Cam- pridee. Hon Was petitioned against on the ground that he was ineligibic in consequence of nolding office of trust and profit under the crown, ho bei: ab e time of his election counsel to the India Bonrd, Alis seat Waa uiso cleimed by the candidate receiving wit, | pr of yotes | the next lnrgest number of votes. A committee of the House of ¢ of which Mr, Lowe wax chairmaa, held that the jon was Void and declined to saat the other candidate, botwithstanding the fact that personal of Mr, Forayth’s ineligibility had been served on number ot electors, The House unanimously ted the report of the committee and ordered the peuker to issue bis writ for the election of a member | of Varilament in piace of Mr Forsyth, whose declared vacant, T THAT OREGON EL¥CTOR. The news {rom Oregon was yesterday the main topic at the democratic headquarters at the Everett House, Mr. Groesbeck, of Cincinnati, Ohio, is of the opinion that the democratic party would lose caste by forcing tg claim to the 185th vote from Oregon as deciding the elettion, Ho rather regards it aS on important strategie movement by the democratic party to enforce an inquiry beyond the certificates issued from South Carolina, Florida and Louisiana to Hayes electora In this opinion he was seconded by « majority of the democratic leaders, and it 18 not at all probable thas the election of Tilden will be insisted upon by reason of tbix vote. The vote merely opens a discussion and investigation Into the Validity of the certificates issued in the three States named. FLORIDA, THE ELECTION EXCITKMENT SUBSIDIN@—DEMO- CRATS ANXIOUSLY LOOKING FOR THE con- GRESSIONAL INVESTIGATING COMMITTER— TEXT OF ATTORNEY GENERAL COCKR'S PRO- TEST—PXTITION OF THE D&MOCRATIO ELKC- TORS. (BY TELUGRAPH TO THE HERALD.1 TaLLanassen, Dee. 7, 1876. The departure of the visiting statesmen has left ‘an aching vou’ ip this city, The excitement which their presence consributed 6o much to sustain has sad- denly died out and the usual quiet reigns, fhe Canvassing Board continues im eession and bas not yet completed its work, A iocal hope 1s indulged in here that they may reconsider the county counts jor Governor, &c., and render it less difficult to change a result which it is charged is tainted with fraud and perjury. GENERAL COCKE’S REASONS FOR DISSENT, Attorney-General Cocke was usked to-day for his reasons for dissenting from the decision of his fellow members, and he said his reasous, up to this, had been given in bis protest, and that as soon as the final result is ob- tained, or as soor as the Board shall have concluded its duties as a canvassing board, he will review their action, and not very Jeniently. He does not hesitate to denounce the whole proceedings as fraudulent and based upon forged returns and perjury, and is very certain that it can be shown to the Congressional Com- mittee that the decisions of the Board (a majority of it) aro not sustained even by the “doctored” returns. EXPECTED ACTION OF THE COMMITTER, The committee ot Congress is expected here to-mor- Tow evening, and it is boped that they will, atter or- ganizing, send sub-committees to those portions of the State where it is charged the grossest frauds were committed. Thus only can they, it is thought, ob- tain a perfect knowledge of the modus operandi by which returns were forged, ballot boxes stuffed and the innumerable crimes against the franchise, as charged, committed. It 1s said one fea | ture to be investigated here by the committee will be the conduct of a certain army officer who Is chargod with having gene intoa county where numerous affl- davits were needed, and aided by his presence and his soldiers in obtaining tho needed testimony, the ne- groes being given to understand that the soldiers were went to superintend this mode of protecting the ballot box. A great deal of interest’ is | felt here in this investigation, and it 1s hoped that the | General in command will be called on to testify to the orders given this officer who was present at the time the affidavits were made by a horde ofnegroes, not one of whom could write. The coming of this committee Is looked for most anxiously that a thoroughly searching investigation may be instituted, and it is promised that such discio- sures will bo made as will astound the country, PROTEST OF AYTORNEY GENERAL COCKE, The following is the text of the protest of Attorney Heneral Cocke, a member of the soard of State Can | vassers, against the action of bis two associates alluded to in the HeRALD'S desputenes of the 6th inst. :— Strate or Fiona, ATTORNEY GENERAL'S OFviCg, Cc. A. i TALLAWASSBE, Deo. 6, 1976. Comptroller of the State ot ad ’ . Secretary of State of the jorida, and as such Members of the State nvassing Board of the State of Fiorida :— —L regret that | am compelled, from a Cow strict sense of justice not only involving the clear ex- ercise of principles of law but the maintenance of the rights of the citizens to vindicate the elective fran- chise, to protest most solemnly and decisively against the action on the part of a majority of the State Canvassing Board of the State of Flora im its decision that the electors for the State of Florida for President and Vice President on the republican ticket have been elected. These are my reaxons for making this, my protest, against the action of the Canvassing Board:— ‘irst—That (he Board of Stke Canvassers erred most ily 1m point of law in receiving a statement of the votes of Duval county, when there waa in no cou- ceivabie sense any legal returne of votes of suid county on which the Board of State Canvassers could act; for this reason, that the statute of 1872 requires the Probate Judge and the ‘k of the county to call | in a justice of the peace to assist them in the counting of the county cunvass, and that, in violation of law, the Cierk of Duval Cireu‘t Court catied in a justice ot the peace, J. M. Edwards, which setection was not sanctioned, but rejected, by the Judge of the County Court, thereby showing to the Board that there was no sele ing to law by which a county canvass could be made, but that the canvass and re- turn was such as to preciude all notice of it in every legal sense before the Board of State Canvassers, ‘Second—That in tho county of Jefferson it appeared | from records on file 1m the office of the Sceretary of | Stato that certain county officers officiated as officers of elettion at the following named polls : 1, M. J. Taylor, Clerk of the Circuit Court of Jet- ferson, acted as inspector ot election at Monticelio, Pre- cinet No, 1, thereby placing bimeelt im the position of supervising, under the statute, bis oficial acts as in- spector. 2. Mr. William Beasley neted as peace ata precinct election held at 1 betug no such — precines — established ing to law, and that at such precinct as was unknown to law the sad = Wilham Beastoy ucicd as a clerk, thereby confounding his duties as clerk with his action as jurtice of the peace, and that being the Justice belore whom the action of the clerk was cognizable, and required at law Lo be re- viewed, that the return of the Canvassing Board trom such precinet, even ff 1t existed at law, Was in itself absolutely illegal & That J, Beli Judge of the County Coart of Jefferson, acted as clerk at a precinct in Jeferson county known as Waukanah precinct. Said J. Beil was disqualified from acting as said clerk of election for the reason that, as Jadge of the County Court of Jefferson, 1t was made by law bis duty, by act of 1868, chapter 1,625, section 24, to canvass votes given for the several’ offices and persons as shown by returns on fie in lis otice, and by bis said action as clerk of election making himself judge of his condnet as clerk when subjected to his supervi- sion ns judge of ihe same in his capacity as County Judge, was entirely and absolutely illegal. Third—ln rejecting the vote in Mauatee on the al. leged reason that there was no clerk of the county to receive the registration of voters; the reason of there being no civrk of such county to’ perform suck legal duty boing that the Goveruor of the State, with whom resided the power of appointing such official failed in the discharge oi bis duty iu relation taerety, by not ap- porting a person to such office, The present Governor | being a candwate for re-eleciion my reason lor insist- ing on the vote of Manatee being counted is that the oficial derenction of duty on the part of the Exec Live, with whot, as stated, was the power of appo'nt- ing the proper officers to superintend the regisiration of voters should not be a var of exclusion of Voters in the just and legal exercise of the elective tranebise, The tact of there being no clerk could not | apply to voters previously registered who bad a right to vote secured by the constitution of the State and the laws, Fourth—\n relation to the votes at Completion and Wicadsnip Church, in the county of Jackson, a major- tty of the Board of State Canvassers disregarded the | avy of the State and the evidence offered im rejecting the votos polled at said precinet. Fiflh—ip rejecting the vote polled at Precinct No. 3, in the county of Monroe, | clam the right, before final action of the Beard. of State Canvassers, to re- consider my Vote there, or for the purpose of | sustaining (he returns from said precinet, for the | reason that t complies substantially with the require- | iments of the law on the canvassing and retarns in the Stato of Florida, 1 protest also agarmst the disfran- chisement of the people of Hamilton county by throw: jug out the entire precinct without any | Hlezal voting, on irregularity, im vhs, that two repabl ctors appomted ia the foterest ot tty party fled an ats | davit belore the bowrd that they absemted ther | selves irom the polls several times during the day. I insist that this exclusion, whereby the demooratic majority Was reduced one hundred and fity-nine votes, for the above alleged reason, is a crime against the people and a gross Violation of the letier and the spirit of tho laws, both of the United States and of the state of Florida,” { jnclude in this protest my objer urged to the voto at Archer, Precinct in the county of Alachua, whict [moved to reject on | account of ite falsity, that the return was eviventiy fraudulent, from crear proof exhibited im relation thereto, and that the power to reject it on the part of | the State Canvassing Board was evident irom the m appointed. Respeetfally suomitted, WILLIAM AKCHER COCKE, Attorney General State of Florida and ez-uficio Mem- ber of the State Canvassing Board of the State of Florida, PETITION OF DEMOCRATIC KLECTORS, Tux State oF FLowipa, TALLAWASSER, Deo. 6, 1576. To rue HoNoRAuLR Skxat& anv House or Rernr- SENTATIVES OF Tak Usirkp STATS oF AMERICA:— Your petittovers, Wilkinson Call, James Ernest Younge, Robert B Hilton ana Robert Bullock, respect- fully show unto your houorable body that they bave been elected by the lawful votes of the State of Fiorida eral election held on the 7th day of Novem- to be electors of the State of Florida President und Vice Presid for four years trom that your petitioners received am Jority of the lawful votes cast at said election in the State of Florida for the said offices of electors; that your petitioners further show that two of the turee officers constiiuting the Board of State Canvassers of the State of Fiorida—to wit, C, A. Cowgill, Comptroller of Public Accounts of the State of Florida, and Samue! B. McLin, Secretary of State of said State of Florida, without the concurrence and against tho protest of the Hon, William Archer Cocke, Attorney General of the State of Florida, and, ax such, a momver of suid Board of State Canvassers, trary to and without authority of jaw fraudulently and in defiance Of the statutes of sald State, canvassed votes of the several counties of said State of Florida, aud on the 6th | day of December falsoy and fraudulently dectared | that your pettrioners had not received a majority of the Jawiul votes cast at said election, and that the Governor of said State of Florida traudulently d ered a certificate of election to F, C, Humphries and Charles H. Pearse and Thomas W. Long and Willbam H. Halden, declaring them and each of them to be the Presidential electors of said State, Your petitioners further sbow unto your honorable body that on ihe 6th day d1 December they received a certificate from the Attorney General of the State of Florida, who was a member of the Board of Canyassers of said St stating at the canvass of returns of said e! roturns showed the whole number of votes election and by said returns, a3 made by the b precinet and county canvarsers on’ file in the office of the Secretary of State, your petitioners were duly elected to tbe office’ of electors of the State of Florida for President avd Vice President of the United States; that im pursuance of the Jaws of the State of Florida and of the Uniied States your pe toners wet ut Tallahassee, the capital of said State of Florida, on the Gth day of December, at tweive o'clock | M., and cast their votes for Samuel J. Tilden, of New York, for President, and for Thomas A, of ladiana, tor Vice President of tho United St | for four years from the 4th day of March next, and in | porsnance of law did offer to the Secretary of State of | | Florida a duplicate original retura of aid vote for fl- | ing in his office, and did aiso forward by messenger to the President of the Senate of the United States i du- plicato original return of said vote, and did aiso tle in | the office of the District Judge of the United States tor | the Northern district of Florida u duplicate o! the | same return. Your petitioners ask of your honorable body that objections be made to the count of any otber electoral vote of the State of Florida except that cast by your petitioners, as hereinbefore referred to, WILLIAM CALL, JAMES ERNEST YOUNGE, ROBERT B, HILTOD ROBERT BULLOC. SOUTH CAROLINA. INAUGURATION OF D, H. CHAMBERLAIN AS GOVERNOR—HIS ADDRESS TO TRE LEGISLA- TURR—A CARD FROM GENERAL HAMPTON, [BY TELEGRAPH TO THE HERALD.) Cotumuta, Deo. 7, 1876.° Governor D. H. Chamberlain was inaugurated to- day, The scene and circumstances of the inauguration were novel and farcical in the extreme. The Gov- ernor, ® bative of Massachusetts, was sworn in by a Probste Judgo who is a native of Texas, voth of them carpet-bage At one o'clock the preliminaries being all arranged in the way of providing a convenient method of swearing the Governor by dispensing with the constitutional pro- vision requiring the Chief Justice to periorm tbat duty, the seventeen republican members of the Senate solemnly marched across the State House to the hall of the House of Representatives. This body, headed by the colored Lieutenant-Governor, filed through the two lines of negro special uacputy Sergeants-at-Arms into the hall of the House and took seats on the floor, the Lieutenant- Governor ascending to the Speaker’s stand and taking a seat near Speaker Mackey. In a few moments sfter- ward Governor D, H. Chamberlain entered the door and was escorted up the aisle to the Speaker's stand by Probate Juege B. J, Boono, The Goveruor stood behind the Speaker’s desk and seemed to take no notice of the feeble applause made by the clapping and stamping ofthe dusky assemblage onthe floor, The colored Lieutenant Governor then came forward and requested the best order to be pre- served, which, to say the least of it, was unnecessary. WHO WERE PRESENT. At this time thero were in the hall 87 negro visitors, principally special constables and deputy sergeants-at a fourteen colored and threo white Senators, forty-nine colored and four white Representatives; Speaker Mackey, C. ©. Brown, of Charleston, and the Governor’s private secretary. The doors were locked, barred and closely guarded, notwithstanding the 27th section of article 2 of the Constitution, whieh says that “all legislative basiness shall be transacted with open doors.” There were only flty- threemembers of the House present, ten less than a constitutional quorum and six less than the quorum with which the Mackey House organized. Of these filty-three eight members were illegally seated. Down stairs two companies of United States troops stood at ease behind their stacked arms, and all the doors ana entrances to the State House were strongly guarded by special constabulary, consisting altogethor of negroes, THR CRREMONY. About baif-past one o’clock P. M. Governor Cham- berlain stood up, with the Probate Judge, between Lieutenant Governor Gleaves, Speaker Mackey and several leading co.ored repablicans, and amid profound silento held up his right hand, The éath was then admmistered by Probate Jndge Boone, and during the reading of it the Gov- ernor’s leit hand nervously clutened and tugged at his cravat. He was very pnle, excited, un- easy and looked like a man engaged in a questionable and dangerous entefprise. Altogether, the entire scene, the black assemblage, the few whites, the bolted and guarded doors and the surroundings gener- ally, bore the sreemblance of a plot or, conspiracy, the like of which was never before witnessed in the light of day im the great American Republic. GOVERNOR CHAMNERLAIN'S ADDRESS, When the reading of tho oath was concluded the Governor stepped forw: and, in a tremulous tone of votee, read frou: manuscript the foilowing Inaugurai addres: GENTLEMEN OF THE SENATE AND Hovsz oF REPRE- SENTATIVES—> T accept the offi ity of the people of this State, | have as been called, with a full kuowledge of the grave respon- sibilities and difficulties by which it ts now attended, No considerations, except the clearest convietions of duty, would be sufficient to induce me to accept th great trust under the circnmstances which now sur- round us. I regard the present hour in South Carolit as a crisis at which no pairiotic person should shrin from any post to which public duty may call him, In my sober jndgment our present struggle is in de- fence of the joundations of our government and institutions, If we fail now our government, the government of South Caroliva, wil! no longer rest on the content of the governed expressed by a free vote of a majority of our people. If ovr op- ponents triamph, I care not under what gnise of legal forms, we shall witness tho overthrow of tree govern- ment in our State, My chief personal anxiety is that I may have the firmness and wisdom to act in a manne? worthy of the great interests so largely committed to my keeping. My ebief pubic care suall be to contribute my utmost efforts to d the rights, to guard the peace and to promote the wellare of ail the people of our State. The con- stent vecupation of my time with other datics which I eould not postpone has prevented me from preparing the usual Statements and recommendations re- specting our public affairs the — earli« est practicable day 1 will this duty. Our greatost interest. our most commanding duty, now, is to stan“ tirmly, each in bis appointed place, against the agressions and allurements ot our political opponents, Our position up to the present time has been within the clear {imits of onr constitution and laws, Nothing but the cowardice or weakness ort ery ot our friends, can rob us of the viewory. I state what tacts show, what overwhelming evidence proves, whe: Teny that if we yield now we shall witness the co! summation of adeliberate and cruel conspiracy on the part of the democratic party of this State to over- come, by brute force, the political will of a majority of 20,000 of the lawiul voters of this state, 1 have mourned over public abuses which have heretoioro arisen here; | bave, according to the measure of my | abilty, jabored to make the conduct of our public | airs honest and honorable; bat L stand appalled at the crimes agaist freedom, against public order, inst good government, Day, against gover: < itsell, Which oor recent political experience here bas presented, and | am the mnore appalled w I seo the Nortu, that portion of our country whieh is gecure in its freedom and civil order, and the great political party which has controlled the Republic for to which, by the voice of a major- nd time | sixteen years, divided in its sympathies and yuagment upon such questions, It is wittten in blood on the pages of our recent national history that no government can rest with satety yt the entorced slavery and degradation of arace, In the full blaze of the great example of retributive justice, which swept away 500,000 of the best lives of ‘our country, wo see the American people divided by party lines upon the westion of the disfranchisement and dogra- ation of the tame race whose physical tree- dom was purchased at such @ cost; and what ning of the statute under which the Board was | is more till there are republicans who tonishing, | permit the errors waich have attended the tirst efforts of this race ia self-government to still their sympa- thies to such an extent that they staud coldiy by and ractically say that the peace of political servitude is tier than the abuses and disqmet which newly ac- quired freedom has brought I devounce the conduct of the recent election on the part of our political opponents in this State as a vast bratal outrage. Fraud, proscription, imtmiaation in all forms; violence, ranging through all its degrees up to Wanton murder, were its effective methods, which we ha The circumstances under sembled to-day show us how nearly success- ful hos been this great covspiracy. It ts for us, in the {ace of ail dangers, in the face of false or timid friends, in the lace of open enemies, to show that we understand the cause in whieh we are engaged, and that no earthly sacrifice is too great to secure its iriumph, The gentleman who was my Opponent for this ollice in the election has re- cently declared, as I am erodibly informed, that he holds not only the peace of the city and State, but my lite in his band, “de not doubt the trai of bis tatement, Neither the public peace nor the life of any Man Who now opposes the consumination of this ey 3 of fraud and violence, 1s safe from the assaults of those who have enforced that policy. life can easily be taken, 1 ha held in the judgment of ull my friends here, by a frail tenure for the last three months; but there is one thing no man su South Carolina can do, however poweriul or desperate he may be, and that 1s to cause me to abate my hatred or cease my most vigorous Tesistance to Ut tempted overthrow and eusiave- ment ol 4 majority of the people of South Carolina. Here 1 nd. I cannot do otherwise. God be my helper! Wie aud children, newrer to me than are ‘the ruddy drops that visit my sad heart;” all other considerations must give way before the solemn duty to resist the final success of that monstrous outrage un- der whose black shadow we are assembled to-day, At the conclusion of the address the Governor left the stand and was escoried back to bis office, in front ot which paced a United States sentinel, and passing ay he went the companies of solaiers now propping him up with their bayouets, HOW CHAMBERLAIN’S POSITION 18 VIEWED. Leading republicans bere express the greatest sur- prise at what they deem Governor Chamberiain’s most fatal blunder in accepting the Governorship from a “rump"’ house, which he knew to be illegal and un- constitutional, Ex-Governor Scott, republican, re- marked that “the inaaguration ts po good; Chamber- Jain has now thrown overboard every shadow ol right and title to the Governorship. Up to the time he took that oath he was the Governor, but now he is no Governor at all’? This was the view taken by the President when he tssued his order sending troops to the Stato; in which he declared that Gov- ernor Chamberlain was then, beyond doubl, the legal Governor of South Carolina, But what will the Pr dent ssy now when Chamberlain has bad himself in- augurited in ceflance of the decision of the Supreme Court, delivered yestervay, declaring the dem- ocratie House to be the legait House of Representatives? It 18 contended that Chamberiain has by his action to-day forteited all claim to the Gov- ernorship of the State, and that there,is now virtually mo government in South Carolina, The Governor's game 1s a high-handed one. His objective point has always been the United States Senate. A resolution whs passed by the Mackey House to-day naming Tues- day next as the day upon which a United States Senator, to succeed Robertson, was to be voted for, Chamberlain will be a candidate for the Senate, and he | hopes to be elected by the vote of the Mackey House and the republican members of tho State Senate. If he succeeds then he has no doubt that the United States Senate will admit him, even though iis seat is contested by a democrat who may bo eicoted by the legal House of Representatives and the democrats in the Senate, CARD FROM GENERAL HAMPTON, General Wado Hampton hag issued the following curd; — TO THE PUBLIC. The following paragraph appears in an addross of D. | H. Chumberlun, delivered in the Capitol to-day :— “The gentleman who was my opponent for this office in the late election declared, us I am credibly in- for:ned, that he holds pot only the peace of this city and State but my life in his hands. I do not doubt the truth of bis statement. Neither the public peace nor the life of any man who now oppuses the consummation of this policy of traud and violence is safe trom the as- saults of those who have enforced that poncy.”” 1 pronounce this statement infamously false. I by my unwearied exertions have endeavored to preserve the pence of this State, and I have thus coatributed to shield from popular indignation one who has proved himself uw disgrace to his rank and a traitor to his trust. His conscience may make him tremble, but neither 1 nor the men with whom I act countenance the hand of the assassin. WADE HAMPTON, | THE DEMOCBATIC HOUSE ADMIT THE MEMBERS ELECT FROM EDGEFIELD AND LAURENS—A MEMBERSBIP OF SEVENTY-ONE—ARGUMENT IN THE SUPREME COURT. Conumata, Deo. 7, 1876, In the democratic House to-day the Committee on Privileges and Elections submitted a report declaring the members elect trom the counties of Edgefield and Laurens entitled to their seats, The report was adopted by a vote of sixty to three. This gives the democrats a membership in the House of sevonty-one, eight more than a constitutional quorum, and makes that body thoroughly independent. ARGUMENT IN THE SUPREME COURT, The Supreme Court to-day heard further argument on both sides in the quo warranto proceedings again: the Hayes and Wheeler electors and argument on the part of counsel for the respondents on motion to quash on the ground that the Court had no jurisdiction, The Court took the matter under advisement, It is the opinion of lawyers here that the decision of the Court Will invalidate the certificates issued to the Hayes and Wheeler electors by the Board of State Cunvassers. An effort will be made to-morrow by counsel for the Hayes and Wheeler electors to bring the case into the United States Circuit Court. AMRIVAL OF THH CONGRESSIONAL INVESTIGATING COM- MITTEE, The Congressional Committee, consisting of six democrats and three republicans, to investigate the existing political condition of affairs in this State, ar- rived here to-night and wi!! vegin to-morrow, They are accompanied by two sergeant-at-arms and three stenographers, TROOPS STILL AT THE STATE HOUSE. Congressman Banks, of Massachusetts, upon being intormed that troops wero still at the State House, ex. prested the greatest surprise, and intimates that he was under the impression that the troops had been withdrawn. It is certain that the troops were abourthe be withdrawn, and they had even Jolt tho State House, on Monday, on their way to camp, when thoy wore ordered to return, and they have steadily remained there since, If Chamberlain's government recvives tie sanction of the President, the troops will have to be kept im the capitai indefinitely. A squad of troops aro now stationed, every night, at Governor Chamberiain’s private residence. LOUISIANA, THE ONE HUNDRED THOUSAND DOLLAR BRIBE—WHAT MR. LEVISEE SAYS—UE SAYS THE OFFER WAS MADE, [py TELEGRAPH TO THE HERATD.] New Or.eaxs, Deo, 7, 1876, It appears that Levisee, one of the Hayes electors, certainly stated to Governor Kellogg and others that | offers have been made to bribe him to vote for Tilden; but he could not be induced to name the parties. The general impression is that cither bis own party was testing him or that he was anxious to illustrate the strength of his own devotion to prin- ciples, The democratic committee profess pertect igt norance of the matter, and say they have not money to meet their own expenses, instead of being able to offer $100,000 for one vote. The fact is, absurd rumors of a large sum of money sent here tor (iii< parpose have been floating around fora forinigh:, wii of which were found, upon investigation, to be utteriy void of foundation, Mr. Levisce was hunted up this evening, when, on being questioned, he asked whether your correspon- dent wasa “newspaper man,” and, on receiving an affirmative reply, fail that he could answer no quce. tions about the offered bribe, He persisted in.his first assertion that the offer had been made, but re- fused to give any names. Levisce is the same person who in his testimony before the late Congressional committee sent to Louis‘ana testified that he was not elected, but that he was counted in, and he took his soat in the Legislature under the returns of the Board. All the visitors left to-day, The promulga- tion of the retarns of Orleans city and parish bave been delayed until to-morrow. ‘The newly elected | offictais will probably be installed on Monday next, VIEWS OF GOVERNOR HENDRICKS, ACTION OF THE LOUISIANA, FLORIDA AND SOUTH CAROLINA CANVASSERS ILLEGAL AND UNJUST—CONGRESS TO JUDGE THE ELECTO- RAL VOTE—GRAVITY OF THE CRISIS, Inptaxaronis, Ind., Dec, 7, 1876. view with Gov. ernor Hendricks on the situation. He thinks the ac- | altbough a young m NEW YORK AERALD, FRIDAY, DECEMBER 8, 1876—TRIPLE SHEET. tion of the returning boards in Florida, South Caro- lina and Louisiana not in accordance with the laws of those States the 1 consiitution, but hopes Congress will do justice and assert the true spirit of the constitution, He does not believe the Vice Presi- dent can declare who is elerted, or that the two houses of Congress are simply witnesses to the count, furnish. 8 Lo certify to the correct reading of the ballots He upon the twenty-second joint rule, which he contends has been in operation since 1555, and declares & legislative interpretation,of the constitution, specially intended to meet such a crisis as the present one, admits the possibility of the House declaring Tilden President and the Senate declaring Hayes Prest- dent, and that such a crisis would be of the most, serious character and entail upon all parties the gravest responsibility. He dectined making any state- ment as to his recent meeting with Governor Tilden, NEW YORK. OFFICIAL CANVASS OF THE VOTES FOR STATE OFFICERS. [BY TELEGRAPH TO THE HERALD. ] Asay; Dec, 7, 1876, ‘The canvass of the votes for State officials was coa- cluded yesterday. The Seeretary of State, Mr. John Bigelow, Attorney Gexeral Fairchild and State Trea- surer Ross alone were present, Comptrollor Robinson, Governor elect, remaining away on aceount of his own interest in the count; and Mr. Van Buren, State Engi- neer, being still sick at his home on Staten Island. The following is the official report so far as the leading candidates are concerned:— FOR GOVERNOR, Robinson, democrat, 519,831; Morgan, republican, 489,372; temperance, 3,412: greenback, 136. FOR LIKUTENANT GOVERNOR, democrat, 518,769; Rogers, repub- temperance, 3,346; greenback, 1,565, POR CANAL COMMISSIONER. Oeden, democrat, 518,397; Spencer, republican, 439, temperance, 3,284; greenback, 971. It will be scen that Robinson runs over 1,000 abead of Dorsheimer, Mi. APGAR TO BE COMPTROLLER, It is stated here to-night on very. excellent authority that EK, K. Apgur, at present Deputy Secretary of of State, is to be appointed Siate Comptroller tor the residue of Comptrolicr Robinson’s term. Mr, Apgur, has had a good deal of expe- rience in the State finances as Deputy Treasurer under Mr. Raines. Dorsheir lean, 490,075 s ANNDAL FINANCIAL STATEMENT. Comptroller Robinson's report hus been concluded, except the various schedules, but will not be given to the public betore the necting of the Legislature, ANOTHER INELIGIBLE ELECTOR, Minwaukks, Wis., Dee, 7, 1875. It bag transpired that D. L, Downs, one of the re- publican eleciors of this State, 15 an examining sur- geon of the Pension Bureau, The democrats claim that he is, theretore, meligible, The republicans, on the other hand, argue that the position ol pension sar- geon is not an oflice within the meaning of the consti- tution, VOICE OF A PATRIOTIC WOMA New York, Dee, 5, 1876. To THe Eprror or THE HERALD:— “Only a woman,” but a thorough Amorican patriot, wishes to know why, amidst all this turmoil, United States bonds and securities are not disturbed in Eu- rope? Please enlighten if possible. You are right, as you always are, in reference to Grant’s motive for assumption of power, Keep your eves on him. He would soon muzzle you. I have read the Herat for years, bat never belore have | searched Its coluinus so anxiously as now, for the liberty ot our beloved land is at stake, and a band of patriouc mothers pray daily, hourly and nightly tor its salvation, Anxious bearis and sleepless eyes are our portion now, but the Almighty God, in whom we pnt our trust, will never, never allow ‘the heel of an usurper or oppressor to be plznted upon the necks of a free born people ; our education would never, as tree- men, submit to it Gou biess and keep our beloved land, and the choie- est blessings of our Father above rest upon you and all other brave men who are not ufraid to publish the truth, Respecttuily yours, AM. TAMMANY GENERAL COMMITTEE, The General Committee of Tammany Hall met last night in the old Wigwam, Augustus Schell presiding. There wasa very full attendance of members, and among them was the new Comptroller, John Kelly. He was surrounded by a large circle of friends, who warmly congratulated him on his appointment, ‘Tho report irom the Committec on Naturalization was read, and showed that 4,995 persons were natural- ized just belore election. A communication was read from Surrogate Calvi: thanking the democratic party tor their vigorous ar energetic support of him during the past canvass. The letter then branched off into a review of the present crisis in the affairs of the nation, ‘A resolution was offerea by A. B. Caldwell, paying a high tribute tothe Hon. A. S. Hewitt for the “faith- ful, dignified, energetic and statesmunlike manner’? in which he had fillea the onerous position of chairman ot the National Democratic Committeo, during one of the most important and exciting Presidenual cam- paigos ever held in the country. The resolution was adopted with applause and the committee adjourned to the call of the chair, ELECTION BETS DECLARED “OFF.” People who invested in pools on the Presiden- tiar election will be tnterested, no doubt, in the news that Mr. John Mot ey has declared “ofl” all bots on tho result of the Presidential election in which ho is the stakeholder. He notifies those interested to call on him and have their money returned. The follow- ing statement was made by Mr. Morrissey toa Hxnatp reporter, who spoke to him on the subject yesterday :— “I think that the spirit of all bets made on the result of the Presidential election was on the result of the electoral vote in the several States on the 7th of Novem- ber jast, Since then a number oi the States bave been in dispute, charges of fraud have been made in three of she Southern States, and the question of the right of the Governor to filla vacancy has arisen in Oregon which must be decided hereafter, Both parties to-day claim to have elected their candidates, and no matter which side wins, in the face of so many complication: the other would not be satistied with the result. shouid have taken tnis course before now had it not been that | was known to have wagered considerabie money on Mr. Tilden myself, and for tear peopie might place a wrong construction ou the act. As the matter now stands I think no one can charge me with bene- fiting myself. CZESARISM, [From Noah's Sunday Times} Tho New York Hkratp deserves well of the coun- try. Itis beyond doubt an independent journal, to whose influences are attributable the great changes which have occurred in politics during the past three or four years, Its persistent efforts in repudiation of Cwsarism acted as the fulcrum of the lever which con- trolled tho great political earthquake, whose upheaval was followed by the tidal wave of reform which swopt the country so successiully in 1874 and re- peated itself at the recent Presidential election, In reviewing the present situation and its conso- quences from an independent standpoint, during the past week, that journal tenis itself agato called upon to renew the attack, recognizing, us is the fact, that (he action of the Executive and his advisers in the doubtful States can be capable of but one con- struction—a return to Casarism! Measuring its tone, more in sorrow than in anger, the Hxraxp republishes its warning editorials of 1873, and urges General Grant to pauso in bis deflance of public sentiment, otherwise predicting for bim “a blackened piace in history, equivalent only to that of the traitors, Burr and Ar- noid,” Three years ago Iresident Grant ridiculed the ndent press, When, as Low, led by the New York Uinkatn, th What disastrous resait to his patty is aireauy cli KBOWD and conceded, A tow Words trom him at (oat ime declining a third term w the nation asked for, The question now is can d to assume anoiher such position unver tue eXtsting State Of aflairsy Mintary despousm ta suuth Carola, with troops gathering in large num- vers at the Capitol, and a concentration of war vessels ia Hampton Roads, ail point toward corroborating the imicrence of the HERALD thas the satety of the pation 18 endangered, ana that some Napuleonic or Crom- welllam strategy is in contemplation tor the 4th of March next. Unless a retrogressive step be taken be- fore Cougress agseubies it will be the daty » Steps to protect itself republicun form of goverament, t is not well to treat with indifference these con- Clustons of so great an expounder of public seutiment as the New York Hexarp, They are words of wisdom, caretuliy weigued and fully authorized by the sur- prising occurrences which follow day by day almost Wo rapid to chronicle. A WOMAN'S ENCOUNTER WITH A THIER. On Wednesday afternoon Mrs, Mary Loyd discovered, on returning trom the market, a man named James Madison iu the act of rovbing ner room, mto which he had gained entrance by means of false keys. Sho screamed on seeing nim, when he struck her several times in the face and body, finally knocking her down, Her sereams finally brought to her rescue Oilicer Muldoon, of the — Righteenth —_pre- einct, who arrested the thief alter chasing him inte the cellar of the adjowing house, Mrs. Loyd’s (right was 80 severo in addition to tho in- Juries milicted by Madison that a premature contine- ment was the result, She how lies in «precarious condition at her home. Madison is the Filty- seventh street Police Court prison awaiting the result ot hor misfortune, THE MURDERED NIGHT WATCHMAN. CONCLUSION OF THE CORONER'S INQUBST— DENNIS RYER COMMITTED TO AWAIT THE ACTION OF THE GRAND JURY. The inquest in the caso of Patrick Taft, who was shot by Dennis Ryer in the Long Island Railroad depot on November 26 last, was brought to a close late last nightby the jury bringing in « verdict against Ryer. It will be remembered that Ryer confessed the shooting, but claimed that it was accidental The following are the closing proceedings :— L. P. Demiar, M. D., being recalled by request of the jury, said, in substance, to questions asked, that the ballin the face of the deceased watchman, Taft, en- tered the base of the brain, but its positive location he did not determine; when @ bullet enters the base of the brain paralysis of the whole body resuits from she shock; if the upper part of the brain is perforated the paralysis woud not occar, though gunshots are never alike in their results; I never saw two the same; the pistol that Ryer did tho shooting with could not explode all the barrels at once if 1+ was properly capped. By District Attorney—Tho back of the cont of de ceased was dirty ana bloody when I saw him; he had been lying on his back and might have been shot in thas position ; the shooting done with the dead watch. man lying on bis back might satisfactorily account for the bullet hole through the door, District Attorney to Prisoner—Ryer, how do you account for the bloody and dirty back of Taft’s coat? A. He fell on his back after the second shot, District Attoroey—Do you mean to say that you did not shoot att when he was lying on bisback? A. I did not; 80 help me God, I didn’t! District Attorney—How do you account for the blood on Taft's back—could it have come throught A. I can’t tell, ‘District Attorney—Did you throw Taft down? A. No, sit; we didn’t even clinch. To answer to \urther questions, Ryer suid ho must have been excited during the trouble; so much s0 that he didn’t potice that there was any difference iu tho Jouaness of the pistol shots, though he was sure the: were only two reports, Corouer—I could pot tell how long the struggle cone toued, District Attorney—Can you tell the jury how y kept the muzzle of the pistol during the whole of that struggle toward Tatt and not toward yout A. 1 don’t think 1t was toward bim all the time. Coroner—lsn’t it strange, Kyer, with all your pro- tessed Iriendsbip for Tatt, you should at that particu. lur time accuse him of dishonesty—ofa theft? A, (warm!y) I did not accuse him of being a thief, aud I want the jury to so understafia lb Laskea him was about the clothes, and he might nave taken offence at that, { ““Coroner—Do youtbink that if Taft had obtained that pistol at the time of the struggle that he would have used it to injure you? A. Ldon’t think that wanted to bart mo; he was always a quiet, peaceable man. Howard M. Smith, freight agent of the Long Island Railroad, was then sworn and testified that he had known ‘ait, the deceased, very well, but never spoke to Ryer a dozen times. ‘On Thursday, November 23, the shooting, there was manifested Point, a bundle ot clothing; | Smith neglected to it out of the New York car in hich it was, as he thought, andthe next morning he sent word to the New Yurk agent to tuat eflact; the answer came back that it was not in the car; ‘traces’? were ut once sent out along ‘the road for the bundle, and 1 was found at Jamaica, having been lett there Dy mistake; it was sent buck on Saturday about six P. M., the night before the shooting; Smith then had it locked 1n-bis own private room in the freight oflice, the key of which he alove had; the bundle had net been tampered with, and the owner on application took it away, signing for itas in “good order.” No- body intimated or suggested that Tait had meddied with the bundle. The testimony of Mr. Smith thus effectoaily dis- posed of Ryer’s insinuation U the deceased had tampered with the bundle of coats, for such the cloth- ing consisted, k Peter Woods, the assistant of the freight agent, and the nan who carried the bundle from tue car to the office, corroborated Mr. Smith’s statement in every particular, ‘i ‘At this juncture Goroner Davren informed the jory that an important witness had been heard of, who, in assing toward the ferry on the night of the sheoting, Reard words of adispute in the freight oilice. 1 name of the person wes not Known, but he could be secured, It was for the jury, however, to say if wanted additional testimony or would take the it stood. They agreed to do the latter, and at nine o'clock it was given them. At tweive o’cfock thay brought in tho following verdict :— ‘THR VERDICT, We, the jury of the inquisition regarding the death of Patrick Tati on Sunday, November 26, find that the said Patrick Tat came to bis death by pistol shot wounds at the hands of Dennis Ryer, and we turther- more recommend that the suid Deanis Ryer be com- mitted to await the action of the Grand Jury. Ryer was accordingly committed by the Coroner, PROBABLE HOMICIDE, Afight of a desperate nature took place yestorday afternoon in East Fiity-fifth street, between threo Gor mans employed in Hoflmau’s brewery. Anton Heiber- ger and Louis Wenz, who go out on the same brewory wagon, quurrelled after returning from the delivery of a wagon of beer and while they were quarreling in the yard Adam Feuchs weat to separate them, | Heiberger at once drew a dagger and piunged {t into Feuchs’ groin. At the Fifty-seventh Street Court he said Feuchs had struck him. He was committed to await the result of the injuries on Feuchs, who was nt to the German Hospital in Soventy-second street, Heiberger is oniy seventeen years of age. OBITUARY. NICHOLAS KIELY. Among the hundreds of victims of the Brocklya Theatre fire vory few have left a larger ciscle of youth. ful, sorrowing friends than the young, genial, gener- ous aud only brother of the afllicted pastor of Visita tion church, Brooklyn. During a stay of over ten yeurs in this country this young gentleman proved himself in every relation in life fully up to the cher. ished hopes of his deceased father and sorrow-strickon surviving mother, The venerable Bishop of Brookiyn and several clergymen and religious gentiemen of both cities, who knew deceased, bave already expressed their thoughtiut feeling aud sympathy tor the sud- den, shocking strain tnat snapped the tender cords, binding two youug brothers’ hearts, 3,000 miles from the hapless mother, who taught them love upto death. ‘the funeral requiem wass, to which the friends of both brothers are invited, Will be celebrated at St. James’ Cathedral chureh, Brooklyn, on Saturday morning, at ten o'clock. EDWARD J. SEARS. Edward J. Sears, LL. D., for many years the editor of the NatiMal Quarterly Review, died at the Grand Central Hotel, yesterday, of tho malady known ag angina pectoris, Mr. Sears had been long and favor- ably known as the editor ot the National Quarterly, a publication circulating in the highost intellectual cicics in America, ‘For some time previous to bia death, the Doctor had been a resident of the Grand Central Hotel, whore bis remains now lio in stat His death terminates an active and useful life large circle of friends mourn bis loss. Mr. Sears wag identified with many of the educational movements of the enty of New York and was always distinguished by tpat activity in their cause which marked bis pri- vate caree CAUGHT IN THE ACT. Early yesterday morning, while OMcer Daniel Quigley, of the Twenty-ninth precinct, was patrolling his post on Broadway, he saw two suspicious looking men loitering around the door of Isaac Howitzsky’s store, No. 1,444 Broadway. He hid himselt tn an ad- joining doorway and soon ascertained that the men were breaking into the store, Ho seized one of them, who gave his name as Thomas Clark, of No. 56 Seventh avenue, in his possession was found ashore jimmy anda loaded Coit’s revolver. Ollicer Quigloy arrested Clurk some time afterward. He said bis name was Patrick Kelley, of No. 40 Baitio strect, Brooklyn. On the prisoner being arraigned betore Jusuice Bixby, at the Washington Place Police Court yesterday, they were held lor trial in default of $3,000 Dail each. : CHARLES LAMB, The second of a course of lectures now being doliv- ered by Mr. James T. Fields, of Boston, at Chickering Hall upon subjects connected with modern En literature, was given last evening before a Inrge and appreciative audience. The subject of the lecture was “Charles Lamb and Sonic ot His Friends,’ commencing the matter of bis Mr. Fields alluded to the recent pbe in Brooklyn. catastros A FRIENDLESS WAIP. Mrs, Ellen Welch, a poor woman of large family, living at No. 335 East 117th street, delivered to the police authorities yesterday Maggio Malone, a child of three years, who had been oft with her four months ago. Mrs. Welch stated that the child’s mother came to her house about tho time mentioned and asked her to cure for the little one for a few days, as she was oipgaway. Mrs, Welch complied and bas since thea heurd no tidings of the mother. Not being able to keep the wail any longer she desired the police 1 6 tor her, The child was placed fn the lost children’s apartment, and will be sent to ove of the institutions, PAYING PENSIONS. Noarly 1,000 pensioners received their quarterly al- lowance yesterday from Colonol Frank E. Howe, tue erie die ik ees Re fe Pas ranging from an an seeing and blind, wore among the pumber, ne ene