The New York Herald Newspaper, December 12, 1876, Page 4

4 CONGRESS. The Proposed Amendment Regarding the Electoral Vote. OPPOSITION OF SENATOR MORTON. Why the Power Should Not be Given to the Supreme Court. ples Toles Me Intimidation of Government Employees in the North. SENATE. Wasnt ox, Dec. 11, 1876. Mr, Hawurs, (rep.) of Me, said he was absent from the Senate on Friday last when the vote w: sustaining the ruling of the Chair on the existen the joint rules on account of a severe indisposi Had he been present he would have yoted tw sustain the ruling of the Chair. THE LOUISIANA DEMOCRATIC REPORT. Mr. Boey, (dem.) of Mo., said he desired to present, for the purpose of hay printed, the report of the five democrats who were invited by the Returning Board of Louisiana to be present at the canvass of votes given in that State tn the late election, Mr, INGALLs, (rep.) of Kansas, moved that it be re- ferred to the Committee on Printing, Mr, Boey said the report presented by the other side bad been printed, and this paper should be printed now, that all the facts might go to the country, Mr, Hamuiy asked if the paper was presented to the Benate. Mr. Boay replied that it was not, Neither was the report of the other side addressed to the Sevate, Mr, Epmuxps—The other document was a message from the President of the United States, Mr. Bocy said it was the understanding when the report of the other side was presented and ordered that the report of the democratic committee should aiso be printed when presented, Mr, Epausps said it was a settled rule of the Senate hot to receive papers which were not intended to uc- company something before the Senate or were nut ad- dressed to the Senate. ‘Yo print this would be in violas tion of all the rules of the Senate. He had no objection to having the papers printed, provided it be doue ina regular and proper manner, The Senator from Missouri (Mr. Bocy) could turn the paper into @ petition and then it would be proper to print in, Mr. Boay said hw had no autuority to change the form of the paper, Mr. Epmexps—You can get authority within a few hours. Mr. Booy eaid he could have the j aper read as a part of his speech, and thus have it printed. Mr, Hawiix said he bad no objection to the printing of the paper provided it be addressed to the Senate; but to order that it bo printed im its preseut shape would be a Violation of ail the rules of the Senate. Mr. Cc (rep.) of N. Y,, said all agreed that this paper as presouted was not within the rules of the Senate, Auy citizen ntight address this petition to the Benate. The Senator from Missouri (Mr. Bogy) might address u memorial to the Senate making this paper a part of it, and it would then be proper to print it, Mr, StkvENSOX, (dem.) of Ky., and Mr. Scvoxarn, {@em.) of Ind., said they would join with the Senator from Missour! (Mr, ogy) in preparing a petition to be resented to the Senate, of which the report of the Gemoeratre committee presented by Mr. Bogy should be made a part, And it was determined that this course should be adopted. EXPENSES OF COMMITTEES. Mr, Wixpom, (rep.) of Minn., from the Committee on Appropriations, reporte ouse bil! appropriating $21,000 to detray the © of certain special com- mittees of that body ay investigaty the re- cent election in South Carolins, Fiorida and Loutsiana, with an amendment appropriativg $50,000 10 detray the expenses of the Cominities on Privileges and Elections king the investigation m the reco t election in South Carolina, Florida, Mississippi, Lowst gia and Alabama, ordered by the resolution munds. KELL, (dem.) of Mo., inquired how much e bill appropriated. The Cua replied $21,000, Mr. CockRELL—$21,000 for the three committees of the House and $50,000 for the Committee on Privileges and Elections of the Senate. Mr, Wixvom said the Committee on Appropriations was guided entirely by the Committee on Privileges and Elections, Mr. Monros SKLL said the Committeo on Privileges and Elections had estimated that the invesugation would cost $50,000, Of course no more would be expended than was n ar The amendment was agreed to and the bill passed. BIL, S$ AND RESOLUTIONS. Mr. Mirenxc4, (rep.j of Oregon, trom the Commit. tee on Privileges and Elections, reported a substitute tor the resolution recently imtroduced by him directing the committee to inquire tuto tbe eligitility of Mr. Waus, the Oregon elecior, and asked for its present consideration ; but objection was mado by Mr. Coorgr, and it went over: DEPUTY MARSHAL Bavaro, (dem) Del., submitted a resolution directing the Attorney General to inform the Senate as to (ve number of deputy marshals employed throughout the United States 10 conuection with the election Leld in November last, stating the vumber employed in each State and the pericd of time they were employed. Mr. Epaunps, of Vermont, said he desired to offer av amendment to the resolution, and asked that it be laid over ull to-morrow, So ordered, Mr, Morrox, (rep.) of Ind., subtitted a resolution Providing that the Various sub-committees op privi- Jeges and elections authorized to inquire inte and re- port as to the late election i certam Southern States, under the resolution ot Mr. Edruunds, shall be kuown As committees oi the Senate, and that (he chairmen have power to administer oats. Agreed to, Mr. BouTweut, (rep.) of M said when the addt- tional members of (he Comittee ou Privileges aod Elections were appointed it Was the underst.nding ' their duties would be disc ged here in Weshing- ton, The commrttce now thought it to be necessary to send sub-commitices to several States, and Le how asked to be excused trom further service on the com- tree So ordered, Nir, Sunkaas, (rep.) of Obto, presented the petition of General Joseph BE. Jounston asking the removal of his poiitical disabil.tiés, Relerred to the Committee on the Judiciary. THe The Senate then resume: finished business, Edinunds pre ol the United Sta to have the for President and Vice President counted by the Su- preme Court, and the amendment proposed by tho Committee on the Judiczary providing that the electors IN THE souri. Mr. RLECTORAL VOTE. consideration of the un- jot resolution of Mr, ment to the & berg Uh shall vote viva voce, instead of by ballot, w agreed Lo Mr. Mowrox opp » giause providing that tho Covrt sual, in Uh urge of 1s duty, disregard errors of form and be governed by the substantial right of the matter. He argaed that this clause would give to the Supreme Court a boundless jurisdieti It would authorize that body to do almost anything, per- haps to go and count the votes in the Siate of Ver- mont. A State jurisdiction should vot be conferred upon any tribunal — It was dangerous, ARGUMENT OF MR, ROMUNDS, Mr. Romwexns said the object of the clause was not to authorize the Court 10 excreise bouwdless jurisdiction, OF to go anywhere to count the votes of ctiizeus, but It Was to authorize the Court to do exuctly what al! courts Go in matters which they are called apon to settle, and that was to disregard forms and decide upon the sub+ Staniial right of the matte He then ex. plained at length — the ovisions of the juint’ resolution proposing the amendment to the ~— constitution, and said twas bot a device, as some of the newspapers had inti- mated, to swap horses while crossing a stream. It was introduced by lim in the Senate on the 22d of March last, almost a your ago, aud reported favorably by the Judiciary Committee, With amendments, ov the 20th ot May following, botore either of the Presidential candidates were nominated. He then referred to the proceedings of the Convention which Iramed the cou: stitution, aud suid he had been wvable to fod any- thing in ‘the debates of (he Convention which threw Tight on the clause of the constitution in regard to the count of the electoral vow in presence of the two The extent of the power of the to the count was not deflued. For jong gentlemen of all ‘ag to the meaning presiuing offic many years there bad been a parties a wide difference of opint of the clause in the constitution in rogard to the counting of tbe electoral vote, and to settle that doubt the Committee on the Judiciary had thought it desirable to report this proposed amendment. Mr. Edmunds then referred to the acts of Congress early in the hisiory of the governmentund the de- bates which then took piace in regard to the subject, and said ia 1803 an amenement io the constitution, now known as article 12 of the amendments, was agreed to; but be could draw no light from the dis- cussion Which took place upon this amendment as to the true intent and meaning of the constitution, From 1803 to 1864, a period of sixiy-one years, there was no provision by Jaw or no provision by any joint rule which undertovk to deal with that provision of the coustitation. Ile next referred to the Jato twenty- second Joint ruie and reviewed its history briefly. Ho spoke cf complicated questions which had arisen bere- tofore in the election of President, and said (he country came outof them clear, as he boped it would, and Delieved it Would on this occasion. He argued thut this proposed amendment not intended for the present difficulty growing our of the lave election. It ‘was brought jorward in the Senate jong belore either candidate was nominated. The Judiciary Commitice thought the safest repository of this power of count. | ing the vote would be in a tribunal which had a single olid existens aud not a dual existence, as Was probv- ably the case With the Senate and House of Represen- tatives. The Supreme Court was usually composea of an unequal number of persons, apd soine conciusion must be reached by it, He spoke o! the danger to be feared owing to the prejudice, passion and anger which must exist in so largea body of men as compose the two houses of Congress, in deciding questions of this character, and argued that the power of counting the electoral vote should not be reposed in a political body. He favored vesting the power in the Supreme Court, because Judges were not subject to the excitement which gov- eras the majority of men; besides they were trained to a caretul knowledge of constitutional law, and would bring to the consideration of the question minds weil fitted for the performance of duty on account ot their impartiality and great respect for govern- ment, Senators and Representatives, he said, were more of less partisan, aud, be they as’ pure as human nature could be, they inust be iniluenced in favor of this or that party to some extent. The Judiciary Con mittee thought the constitution should speak plainly on this subject, and speak to a tribunal which had ex- isted since the adoption of the constitution itself, Ip referring to the last section of the proposed amend. ment, making tt applicable to the present contest if \ifled in Lime, Mr, Edmunds said be did not share in what was said’ by parties Woo should not have made use of such expressions, that there was danger of civil couvulsion by force, There would be no such trouble unless it was forced by men who care more for what they can make out of war than they do “for the peace of their tountry, If the two houses of Congress could not agree in regard to tbe last election it did uot foliow tbat wise men and patrietic men would think they must Jail back on their muskets. He did net think the good with its love tor law, was sense of Unis nat 1g to allow any dixpute as Lo which of the two men voted for last November should appoiut postmasters and Sigh commissions auring the ext lour years, There would be tound so to settle it peaceably. SVEKCH OF MU MORTON, Mr. Mortox vaid he was sorry that the debate had been thrown upon the Senate at this time, as be haa not carelully considered this proposed amendment, thoagh he bad studied the yeueral subject for yours past. The Senate should be very sure that the proposition now before it was ao true and proper one, und one under which the country could prosper and live for all time. Should this proposition be adopted it was very certain that | none otuer would be adopted for many years, ‘There were a number of fatal objections to this amendment, It proposed to transfer the count of the electoral yote to the Supreme Court, which would make that tribunal a political body. It would make that Court the grand returning bourd of the country, and its motives would always be impagved. When the Supreme Court of the United States should be vested with the power of determiving what party should be in authority for four years the members of that Court would have po- litical power which would be daugerous. He argued that the proposed amendment Was a re-enactment of the twelfth article of the amendments to the constitu- tion, with three changes, which were— # —That clectors shall vote vied voce, instead of by ballot. Second-—The transfer of the count of the electoral Vote to ihe Supreme Court, Third—Making a Supreme Court judge ineligible for the office of President or Vice President until tho cx- piravion of two years next after be suall have ceased to be such justice. ‘rhe proposition left the Electoral College standing with all its abuses. The people of the United States were opposed to that institution, as it was 1uil of dun- per and trouble, some ol wit at the very doors Jongress to-day. This Electoral College was the in the channel upon which the country was more likely to spt than any other, Mr, Morrow then quoted at length from a report which ho made to the Senate two years ago from the Commitice on Privileges and Electious to show tbat he opposed the Electoral College then, and said he did not believe that the people of tuix country would rauty this proposed amendment with the Electoral College provision standing. He also objected to the proposed amendment because it re-enacted the provision author- izing the election of a President by the House of Rep- reseptatives, ‘This provision Le regarded as one of the most dangerous in the constitution, Itgave to Nevada | with her 42,000 people the same voice in the election | of a President that New York had with 114 times as many fahabitants. Suppose, said he, the election of a President for the ensuing tour years should pe thrown tuto the Mouse of Representatives. A Presitent would be clected by men who Were elected two years ago; and many of them did not represent the will of the people now, as they had not been returned to Congress, ‘this clause authorizing the House to elect was the last cluuse putin the constitution, and it was put there without deliberation; without debate. The country - came near being shipwrecked ia 1801 The arts ré- sorted to for the purpose of bringing about election by the House that year would utterly dama any pubiie nian of this duy. He argued in fuvor of having the President and Vice President elected by a direct voto of the people, and had read the constitutional amend. | ment proposed by the Committee on Privileges and Elections to that effect two years ago, where in the constitution a way Mr. Epwexos, in reply toa question from Mr, Merri- mon, said that all the members of the Committee on the Judiciary were of the opinion that it would be vet- ler to have the electors yote vind roce than by ballot, as the action of the chogen agenis of the people should be public, so all might know wiether such agent tul- filled the trust confided to bim oF betrayed it, ‘ Mr MEKKIMON gaye notice of an amendment which he would offer, to make any justice of the Supreme Court ineligible to appoimtinent to any office under the United States, and also ineligivle to be viectea Presi- dent or Vice President wut the oxpiravion of four years next alter he sbuil have ceafed to be such jus. te Urdered to be printed. The matter was fursher discussed by Messrs. Fre- Iinghuysen, Merrimon, Edmunds and Morton. Pending the discussion Mr. Monroy submitied a reso- Jution fixing the per aiem Gf witnesses summoned to appear belore Lhe Senate on any of its committees at $4, and mileage at 50 cents per miie each way. Re- ferred to the Committee on Contingent Expenses, He also submitted aresoiution to trauster $6,000 from the contingent fund of the Senate to the use of the Com- tice on Privileges and Elections, to be returned when the appropriauion shall be made to defray the ox- peuseso! that committee. Agreed to. The Cuain announced Mr. Oglesby asa member of the Committee on Privileges and Elections, in place of Mr, Boutwell, excused. ‘The Scuate then, at a quarter of four o'clock, went into executive session, and when the doors were re- opened adjourned. HOUSE OF REPRESENTATIVES, Tho Sreaker announced the appomtment of Mr. Clymer, of Pennsylvania, to fill tho vacancy in the Committee of Appropriations caused by Mr. Randail’s retiracy, This docs not interfere with the chairman- ship of the commitiee, Which remains with Mr, Hol- man, of Indiana, Under the call of States ior the introduction of bills the reading jo fail of bills introduced was required on the republican side of the House, so as to consume the iuorning hour and leave no time for the call of States for resolutions. BILLY INTRODUCED. The following bills were introduced and referre By Mr. Cox, (dem.) of N. ¥.—To regulate the com- pensation of letter carriers in cities of over 100,000 in- habitants at $800 for tho first year, $000 tor the second and $1,000 for the third year and thereafter, making the compensation in cities of less than 100,000 inbabit- ants not less than $600, nor more than $800, within the discretion of the Postmaster General. By Mr. Guoven, (dem.) of Mo.—For the protection of States agatost domestic violence. It provides that the President shall employ the army and navy for such purpose only afer the Legislature of a State has certified to him that che authority of the Stato is te sistance, or alter the Governor has certtied to him that riot, insurrection or overt xevs of rebellion have occurred Which such Governer hus endeavored and ts unable lo suppress, and aiso that he has endeavored to convene the Log ure, and that such Legisiature cannot be convened Ly revson of such domestic vio- | lence. J. MADIBON WRLLS. | Mr. Baxsixo, (dem,) of Ohio, asked Unanimous con- | sent to oiler a resolution reeiting the ewlugium passed on J. Madison Weils, of the Louisiana Keturuing Board, in the report of Senator Shermau aud others to the President, and requesting the President to turnish from the War Department copies of ali reports, orders, correspoudence, Wells trom the ( Sheridan in 18 Bir. Kasson vernorslip of Louisiana by General of Lowa, objected. Mr, BANNING moved ‘bo suspend the rules and adopt the resolution. Defeated—yeas 141, nays 51—not two- thirds in the afflirmativ ELECTION FRAUDS, Mr, McDoveata, (rep.) of N. Y., moved to suspend the rules aud adopt a resolusion for the appointment of committees tv exainine and report into election frauds as foslows:—A committee of nine for New York, Brook- lyn and Jersey City; a committee of five for Virginia, & committee of nino for Mississippi, a commitiee of five for Philadelplia, a committee of three for Alavataa. Mr Cox, of New York, remarked that here was no allegation of election trauds m New York. Mr. Wittis, (dem) of N. ¥.—We invite an investiga- tion there, Mr. Woop, (dem.) of N. Y.—Can apy gentleman offer a resolution which would, in tts effect, leave tue House without a quorum ¢ ‘The Sekakek—That is for the House to determine. The notion to suspend the rules and adopt tho resviution was deleated by a Voto of 124 yeas to 88 yous (uot the necessary two-thirds) Sume ility-two democrats voted jor the motion, Mr. Cox, of New York, then offered a resolution for the appoiatment of a commiitee of five to proceed to the cities ot New York, Philadelphia, Brooklyn and Jersey City go examine into auy ed fraudulent registracion and Iraudulent voung at the Jate election, Adopted without a division, Mr. Gooner, (dom.) of Va, offered a regolation in- Structing the Judiciary Commities to inquire and re- port on the legality of the circular letier issued by the Attorney General during the late Presidential, cam- paign to United marshals in relation to their powers and duties in gach election, Adopted without a division. ' INTIMIDATION OP GOVERNMENT EMPLOYEA, 1 moved to suspend the instructing the Judicmry Committee to inquire what inumidation bus been prac- tiwed on government employés during the late elec- tion to compel such einpioyés to contribute to the election fund of apy political party, and what legisla- tion Is needed to abate the evil, Defeated—Yeas 134, nays T4—DOt two-thirds, The House then, at a quarter past throe, adjourned, the demorrats remaining in the ball to bolt a caucus, bly resisted and i UBAbie to overcome such re- | connected with the removal of | NEW YORK HERALD, TUESDAY, DEC THE LOUISIANA ELECTION. Report of the Democratic Visitors from the North, CHARACTER OF THR RBTURNING BOARD. No Authority Under the Law to Canvass the Electoral Vote. Arbitrary, Unreasoning and I]- legal Action, The following is thgreport of tho Democratic Com- mitteo from the North who visited New Orleans to witness the canvassing of the votes by the Louisiana Returning Board:-~ The Returning Board of Louisiana, having this day promulgated as the result, of the recent election in that State that the Hayes and Wheeler candidates for electors received a majority of the votes, we, who, by lnvisation, watched the proceedings of the Board ib opening und canvassing the returns till it went into se- cret session, d it our duty to jay before you ana the public such tacts connected with tbe election and the returns as will, wo think, clearly show that the ac- tion of the Returning Board in proclaiming the election of the Hayes electors is arbitrary, unfair and without warrant of law, and we adopt as applicable to this can- Vuss the language of a report made to the United States Rouse of Representatives in 1875, by George F. Hoar, W. A. Wheeler and William 2, Fey in rd to the canvass of 1572,+in which they sa: The so-called canvass made by the Returning Board in the interest of Kellogg seems to us to have no validity, and is entitled to no respect whatever.”’ We also adopt the language of this same report upon the condition of 5 “In the state of Loutsiana there 13 a Governor in office who owes his seat to the inter- ference of the national power, which bas recognized his utle to his eflice, not by reasou of any ascertum- ment of the facts by legal process, but bas based its action solely on the tlegal order of a judge. “In the same State there is a Legisiature, one branch of which derives its authority partiy irom the samo order, the other being organized vy a majority who have been established in power by another interference of tho national government, and which majority « rives its titie, nol frem any legal ascertainment of tho facts, but from the certificates of a returnig board cmsae has misconceived and exceeded {ts legal au- thority.’ PROTEST AGAINST JURISDICTIOR, November 18, 1876, before the Returning Board com- meuced the canvass of the electoral vote, the candi- dates for cluctors on the democratic ticket presented a protest against is jurisdiction over the subject or its canvass of the voies relating to the samo. ‘This pro- test was summarily overruled by tho Board, without affording an opportunity for argument, No togal prop- osition, tn our opinion, is clearer than that the Board was mistaken as to its powers, and that it had nothing whatever to do with the electoral vote, THE LOUISIANA ELECTION LAW, {The report hero reviews the question as to whether the Louisiana Election law of 1870 was repealed by the existing law of 1872, arguing that if so repealed tho | law of 1872 gives no power to the Returning Board to canvass the electoral vote, and if not #0 repealed then the provisions ol the law of 1870 are still in force and the authority to canvass vests im others than the Re- turning Board.) Other objections were made to the jurisdiction of the Returning Board; that it was anti-repubhican; that it was in conflict with the constitution of the state, in that it undertook to exercise judicial functions, and in that, with only four members, it was not legally con- stituted, The election law declares that five persons, to bo elected by the Senate from all political parties, shull be | the returning officers for ull elections in the State, a majority of whom shall constitute a quoram and have ower to make the returns ol all ¢ tons, In case of auy vacancy by death, resignation or otherwise, by either of the Board, then the vacancy shali be filled by the residue of the Board of Returning Officers. CHARACTER OF THE BOARD, The present Boardcapsists of only four members, to wit:—J, Madison Wells, I. G, Anderson, G. Casanave and Lous M. Kenner, one of whom,’ ’C, Anderson, was a candidate for the State Senate at the recent elec: tion on the republican tieket, All are members of the republican party, They ure the same persons who consututed the Returning Board in 1874, and canvassed the eigetion returns of that year, and of whom a com- Inittee of the House of Representatives of the United States, composed of Messrs, Hoar, Wheeler, Fry, Fos- tor, Pheip-. Marshall and Potter, after careful investe gation of its action, said:— ‘We’ are constrained to de- Glare that the action of the Returning Board, on the whole, was arbitrary, unjust and, 10: our opiuioN, iIle- gal. ‘The vacancy in the Board, oceastoned by the resig. nation of Oscur Arroyo, in December, 1874, has never been tilled, although repeatod applications by the rep- resentatives of the democrutic-conservative party ot the State aud its candidates have been made to’ the Board tofill the game. ‘The toregoing committee of the House of Representatives, commenting on the failure of the Board to fill the vacaney 1n 1874, when it oecur- red, sani:—"Your committee think the law as to tbe constitution of the Board was not complied with.”? 1) this view be correct the Board is not su constituted as to have authority to act at all. ‘The entire clerical force appointed by the Board at its present session to compile tho voles cast is aisu republican, and the Board refused an application to appoint any clerk or to allow any person of the oppo- site party fo be present to witness the compilation, and even exctaded tho United States Superyisors of Elec. tion under the act of Congres: . The Board then recites the law of Louisiana in refer- ence to elections and continue YOWRRS OF THE BOARD, Under section 2 ot the toregoing provisions it will be scen that the cuty of the Board of Returning Oni- cers is similar \o tout of State canvassing boards in most ol the other States of the Unton—simply to can- Yass and compile the statements of the commissioners oi election” apd proclaim the result: and this is the whole duty of the Reiurning Board, unless tne com- missioners of election or the supervisor ot some par- ish imposes upon ita tarther duty as provided in sec- tions 26 andd3. Tu commenting upon the powers of tho Retursmg Board we avail ourselves of the ablo argument of Judge Spoiford made beture it, HOW INTIMIDATION MUST BR SHOWN, No one has the right to attack the revurus from apy poll, ward or parieb in the State on account of undue intidence, intimidation or other acts of violence, un- jess the foundation therefor be first Jaid by the statement of the Commissioners of Election at the particular poll, if the acts @ecurred on clection day, or of the Supervisor of Regtstration of che parish, i they occurred during registration, as pro vided, in sections 26 and 3. The Board has no legal authority to receive or give effect to statements of outside parties tll the proper Commis- sioners of Election and supervisor have spoken, Nor has the Board been invested with the power to insti- tute complain 8 against any poli, ex officio or of its own motion, — Tt cannot blot out or tail to count a solitary, rye returned, uoless a legal foundation has been laid Tor inquiry by the supervisor of the parish where the vole Was cast, or by one of the Commis- siovers of Election reporting through such super- | Visor; and even they—the supervisor aud com- missioner—can Only lay a foundation for in- qury in the Board, by making ava forward. | in tho prescribed” manner, their official taternents contemporancously with their revurns, and i the very form set forth vy section 26 of the act in question, Challenging the Votes of whole cities and parizhes. by unoilicial persons, even though they are candidates, is a sturtiing and lawless innovat.on, OUTSIDE PROTESTS. No outside protest can be entertained; because even ajeupervisor’s * ’ tatement”’ can receive no cons.deration by the Boacd, but must be whoily disregarded, untess made at a ine aud tn a manner Arbich no ouside party could possibly comply with, His “statement (or | thavof nis subordimate counissioner) must form up jutegral part of bis retarn and official report; it cat not be made up at adifierent time and place trom the return, to Which (ho jaw requires it to be attached Y paste, Wax or some other adhesive substance,” | anda duplicate thereto must be lodged by him wih the clerk of the court ot bis parish; it must be made Under oath; it must bea clear and full statement of all the facts andot the eflcet produced thereby. Such a statement, so annexed, and sent by mail is the ouly kind of statement the Board can notice at all 80 ag Lo institute an inquiry into intimidation, &c, The intent of the jaw is plain and indisputable that all the supervisors should be engaged simultaneously, in their several parishes, in completing ther returns and statements op the spot where the election was beld, without comraunication with each other or with por. sons beyond the parish, ‘and before they can obtain information of What bas been doue in other parishes ur of the general result, REASONS FOR THR LAW. And the reaz0u tor these minute, indatory and im- perauve provisions 18 equally obvious. Jt was precisely to shut out from consideration by the Returning Board all such ez post facto complaints as Lave been trumped up and illegally thrust ta bere at the last moment by Mr. Kellogg, Mr. Packard. \ir, Brewster, and even by some of the superv! mselves The law has not beeu complied with; rn | (he supervisors who have pat in complaints ve pot written them at the proper time and in the proper purish; they have not annexed them to their returns, sealed and seut thom by ma‘l; they have brought dow! eir returns to this city with no statement so annexed, but have patched up statements here at an improper time and in an improper place. They could only tulii their duties according to law by finishing their returns, attached statements and all, and mailing them, sealed up in one envelope, at one of their parish post offices, within the time required by law, Ik is aypanitig to think that stat ts thas made contrary to law, alter the resalt of the election through the Staie was known with approximate accuracy, made asan alter thought by disappomied candianes and friends, with an evident View to cast a drag net of suspicion over pt phatic verdict of the people, made, too, at so late a day Qud so great a distance from mavy of the paris! Struck at, thatit is impossible to have any fair invest! gation, should recetve consideration, We ‘regard it as indisputable that the Returning Board has no jurisdiction to suquire into and reject the returns from any Voting place in (be State om account of intimidation, acts of violence, or other cause men- tioned tn the statute, untess the foundation for such Inquiry and rejection ig laid at the time and im the manner provided by the statute. DUTY OF SUPERVISORS, In nocase did the Supervisor of Registration de- liver to the clerk of the court of his parish, as re- quired by seciion 25, a duplicate statement made und sworn to by the Commissioners of Election, and corroborated by three citizens, of any riot, tu- mult, acts of violence, intimidation aud disturbance, bribery or corrupt iufluences, and of the facts relating thereto, occurring on the day of election, nor any hke statement of his own that any such acts occured during the time of registration or the revision of registration. When the returns were opened by the Returning Board such statements were found among the papers in a few instances, but not in relation to the parishes of either Ouachita, Morehouse, East Baton Rouge, East or West Feliciana; and such were tho mantiest eflorts on the part of the ollicers of election to conceal their acts and contuse and misiead persons interested :m a& proper investigation of the facts relating to the ciection, that was Impos- sible to determine whether any such statements had been made by the Commissiooers of Election or the Supervisor of Registration, and attached to the returns: of the supervisor in apy parish in the State at the time and in the manner required by sections 26 and 43. This fact leaves the Returning Board without jurs- diction to inquire into acts of violence, &e., at the eiection or during registration, and with no other duty to perform except to canvass and compile tho votes returned, as the returning officers of any other State would do; and as the retarns opeved by them show a majority for the Tilden electors it ought to be an end of all controversy on the subject, But as the Board, in the face of these tacts, hus come to the ex- truordinary conclusion to declare that the Hayes clec- tors bave & majority, itis proper to look iurther into its action. ACTION OF THE BOARD, The first meeting of the Board attended by us was held November 20, at which an application iv beluit of the candidates on the democratic-conservative ticket that all the proceedings of the Board should be pubiic, and tuat interested candidates sbould have leave to be present, by themselves or counsel, at the opening of the returns, with the right to imspect the game, was refused, aud certain ruies Wereadopted, against several of which protesis were led, and. particuiarly against rule 9, which declared that;— “9, No ex parte uflidavits or statements shall ve re- ceived inevidence except ag a basis to show that such fraud, intimidation or otlier illegal practice bad ut some poll requires investigation; but the returns and aflidavits authorized by iw made by oflicers of ciection, or in Veriucation’ of statements as required by law, shall be received in evidence as prina facie.” Under this rule several bundret ex parte affidavits wero prepared and sworn te 1 NeW Orleans, charging mttmidation and other illegal acts in distant’ parishes, ere then put into the envelopes enclusing the super- visor’s cousulidated returns, which bud been brought to the city of New Orleans and kept open tor the purpose, ‘This was done to support statements of intimidation of other illegal acts interpolated by supervisors lony after their consolidated returns had veen made out and sworn to as correct, and been filed with the proper district clerk without any protest or allegation of in. Umidation of other acts of violence, IN EXECUTIVE SESSION. The proceedings of the Board in executive session, to which We were admitted, consisted 1 opening the returns {rom each parish and examining the votes tor Presidential electors. If no protest or objcetion ap- peured umony the papers, and, there wus no outside protest from any one, tho returns were sent to @ private room to’ be tubulated by the clerks, alt of whom were republicans, wbo kept their action secret, If any protest was jound umong the papers, or trom outside parties, the returns were laid aside, to be afterward considered by the Bourd in secret, In the few cases in which there were charges of fraud, imtimidation or other ftilegal acts, the can- didates or their attorneys wero permitted to tke copies of the charges, and testimony taken on writ- ten interrogatories was submitted in regard to such parist December 2, after all tho returns had been openc:l, the Board went into secret session, and we were not permitted to see the compilation of returns alreaay made, nor to know what rules the Board adopted tn passing Upon contested cases, nor the processes by which it arrived atresuits, THK RETURN: We have been furnished a triplicate, ora certified copy of the duplicate statement of the Commissioners of Election wt eacu voting place in the State, from which bas been compiled a consolidated statement of the entire yote of the Stato lor Presidential electurs, From this statement, which we believe to be accurate, the majority for the tighost Tilden elector over the lowest Hayes elector is 5,957, und the majority for the lowest Lilden elector over the highest Hayes elector is 6,300, ‘The returns in our possession correspond pre cisely in most cases with those opeced by ihe Return ing Board. ‘the difference im the aggregate arises mainly from the fact that the Board cid vot have all the returns befor The supervisors, allot whom were republicans, many of them employés in tho Custom House in New Oricans, some non-residents of the State, and one of them under sndictment for mur- der, withheld the stutements ef the Commis. sioners of Election in some instances where democratic majorities were given amounting im the aggregate to about 1,500 votes. The Returning Board refused to receive certitted copies of the dupii- cates of these missing returns filed in the offices of tho Secretary of State and the clerks of the district courts, orto tuko any ellective measures to procuro the orig inals. 5 Tbe Returning Board, in proclaiming the result of the vote for electors, makes no statement of the votes cast in the several parishes, but simpiy announces the aggregate vote for each elector in the State, giving the Ears electors majorities varying from 4,626 to yi HOW IT WAS DONE, To accomplish which thoy distranchised 13,350 dem- ocratic aud 2,042 republican voters, ‘This aunounce- ment is made in the face of the fact that the stare. ments made by the Commissioners of Eicetion showed a majority rauging from 6,800 10 8,937 for the Tilden ” electors. No attempt 1s made to give a reason for this arbitrary action of the Board, nor ia there any state- ment to show what vutes were counted and what re- jected. As woil might the officers canvassing the re- turns of the election for Presidential electors in Obio or Massachusetts declare the Tilden electors in those States elected, in the Jaco of the tact that the returns ehuwed a majority Jor the Hayes electors, We have showa that itis questionable whether tho Legislature ot Louisiana has made provision for the appoimtment of electors at all; thataf it has made sneh provision At bas not vested the Keturning Board with authority to canvass the returns of the votes cast for such ollicers; and that if it were possible to consirue the statute as conferring such authority on the Returning Board, then the same statute limits the authority of the Board to the cauvass and compuation of @ Statements of votes made by the Commissioners of Election,’ without authority to reject any on account of intimidation or other acts of violence uniess the foundation therefor be first laid as pro- vided in the statute; that the evidence docs not disclose that such {oandation was laid jo any in- stance. There ts, however, evidence of attempis sur- reptitiously to lay such loundation afier the consol- idated revurns were completed, aud that the Super. visors of Election in tnany instances unlawtuily witte held their recurns for that purpose, and interpolated among them ez parte affidavits, taRen in secret in New Orleans, beiore # United States Commi ich the Board bas no jurisdiction to consider, Many of such cases were brought to the notice of the Board by ex parte affidavits, without regard to the time of their occurrence, und When tuey did not have the slightest connection with the receut election. ASSUMPTION OF THR REPUBLICANS, Another assumption of the republicans is that all the colored meu im tho State are necessarily repub- leans, Thisis by no means true, We were visited by a large number of colored persons from different parts of Lhe State, including the alleged disturbed dis- joner, Ww! tricts, yeeches und tovk an active part in the r of the democratic Ucket, and who gave, among other reasons for so doing, that they had been deceived by — repablican ofiictals, who had proved dishonest and corrupt, had robbed them of their — school money ‘and burdened them with unnecessary taxes, and that they believed it for the interest of the colored race to unite their fortunes With the whites, whose interests, like thelr own, Where identitied with the State. Ibis certain that thousands of colored person volun- tarily and actively supported the wemocratic ticket. The entire yote of the Stute, at the recent election, 18 About 15,000 greuter than ever before; aud even in the parishes’ where intimidation is charged, it exceeds, in Ube augregate, any previous vole. The Congressional Comuitteo, Which, i 18 understood, will soon Viet tho Stute armed with authority to send tor persoos and Papers, aud Inquire mto ali the tacts connected with the recent olection aud the action of the Returning Board, will havo greater facilities for arriving ut the truth than we possess; but with the law and such {acts betore us us have been disclosed by the action of the Returning Board, we do not hesitase to declare that 1t6 proceedings as witnessed by us were partial and unfatr, And that the resuit it has announced ts arbiirary, Ule- gal aud entitled to no respect whatey APPEAL OF THX PROPLE, Fifteen years ayo, when Fort Sumter was fired upon by men who sought a disruption of the Union, a mil- hon patriots, without regard to party affiliation, sprang to its uefence, Will the same patriotic citizens bow sitidly by and sco representative government overthrown by usurpation and fraud? Shall the will of 40,000,000 of people, constitutionally expressed, be thwarted by the corrupt, arbitrary aud illegal action of an illegally constituted Returning Board in Louisiana, whose wrongtul action here- to‘ore, in all respects similar to its present action, has been condemned by ali parties. It is an admitted tact that Mr. Tilden received a majority of 260,000 of the votes at the recent elecuion, This majority is ready and willing to submit to the rule of the minority, when constitauionaily entuled to de- Mand such submission; but i it willing that by an arbitrary and false declaration of vows i Louisiana the minority shail usurp power? These are dark days for tho American people when such questions ure forced upon their consideration. If i were true, as some insist, that neither the white nor the col- ored voters bave in all instances been afforded an op- portunity to give tree expression to their wishes at the bailot box, shall we, by suxtaining @ traudalent and iMegal declaration of the votes cast, stifle the voice of the millions of vo! who have freely exprossed their choice, and thus seek to correct a great wron; by committing another immeasurably greater wrong: Can we sanction such acvion of the Louisiana Ke- turning Board, and thereby form a precedent unuer the authority of which a party once to power may for- ever perpetua 8 rale, and so end constitutional liberty? Shall sneb be the fate of this republic at the beginning of the second century of its exixtexce? is the inomentous question now presented for the deter- mination of the American peopic. c EMBER 12, 1876.—TRIPLE SHEET. SECRETARY MORRILL CRITICISED. Opinions on the Secretary’s Views Re- lating to Resumption. SILVER AS A CURRENCY. What Leading Bankers and Financiers Have To Say. How Much Gold Is Needed Before Resuming Specie Payments. The report of the Secretary of the Treasury bas ‘beeu very closely scrutinized in botn financiai and commercial circles and necessarily been the subject of very varied criticism. The public interest mainly centred in the remarks bearing upon the resumption of specie payment, and altuough the majority of the critics praise Secretary Morrill jor an anxiety to carry out the act of 1875, they do wot agree with him on the amount of gold that should be in the Treasury in order to redeem the greenbacks. Many claim that such is the confidence of the people in the stability of the government thata legal tender note issued on a gold basis would be accepted, and that ina few months there would be more gold in the Treasury than ther has ever beev, They claim tbat there is uo more favorable time for resumption than the present, when we find at the close of the year that the exports have exceeded the imports by over $10,000,000. The views on the eilver question are very varied, and although some think that silver is entirely unnecessary and the greenback currency by far nore convenient, there are others strongly in lavor ofthe restoration of what is known as the double standard, The report on the national banks is favor- ably spoken of, but there is ap immense outcry from the managers of these institutions against the present sysiem of taxation im this city, where they are taxed on both their capital and surplus, OPINIONS OF FINANCIERS AND BANKERS, A Henatp reporter culled upon Mr. O. D. Asnley, of No, 62 William street, and the following conversation ensued :— REevorTER—What do you think, Mr. Ashley, of Sec- retary Morrill’s report in regard to resumption of specie payments, Air, ASULEY—It seems to be aclear and woil written message, and be is evidently impressed with the neces- sity of the Legal Tender act. When he comes to the excention of the Resumption bill he seems to be doubtful as to the amount of coin it willbe necessary to have im the Treasury. He asaumes the possibility of contracting the greenbacks to $300,000,000. He seems to doubt whether that would be sufficient, In my opinion he is too apprehensive about the amount of gold necessary for resumption, He seomsto be fear- fal that tu the lapso of time between this and 1879 there might be a greater demand for coin than there is at present. In my opinion bis fears are groundless, and I think that $1C0,000,000 of gold will be sufficient to meet the emergency, I think that the actual result of Lis preparations to resumption in 41879 will make (be legal tenders what may be called a Jundumental currenty that will be held in reserve. The national banks and trust companies probably hold to-day at least €150,000,000 of the legal tenders, and masmuch as the national bank bills are redeemable in Jegal tenders those banks will naturally increase the amount of their reserves, If this is the case 1t would probably leave not more than $150,000,000 1n general circulation. I hold, therefore, that the contidence uf the people in the ability of the goverument to redeem these notes will preveut the presentation of any con- siderable amount ct them tor redemption im coin, and therelore I believe that $10,000,000 of com im the Treasury would be an fople reserve to meet any demand likely to occur, It seems to me, however, that it will be uecessary to proserve the legal tender feature of the note go long us it remains 10 circula- tion, and to this there cau be no valid objection if? it 16 Tedeemuble in coin on p:esentation, ‘THR NECESSARY COIN. ‘The people will know that besides this stock of $100,000,000 of coin tn the Treasury the whole credit and ‘resources of the government are placed at the disposal of the Secretary to maintain resumption, and my Impression is that if the people have fauh enough in the strength, stability and resources of the coun. try they will pave faith in the practicadility of re- dempiion, and therefore will not require it, No one will cull tor specie for a legal tender note uniess he needs it for export or lacks confidence in the ability of the government to redeem its promise. Theroiore I think the Secrotary overestimates the obstacles to ro- sumption, ReporteR—What are your views on the silver ques- tion? Mr. Asutey—There are substantial reasohs in favor of using silver aa a legal tender tu limited amounts, and for sums of $20 ana less it might under some cir- cumstances be quite advantageous. The necessity of using silver coin for change seems indispensable, and the extension of the legal tender quality to sums ot $2) will sure a good supply of the metal, not only for change but for export to countries where silver is the only measure of value, while the new functions given to other com could not interfere with the pri Cipal standard, It 4s well knowa that runs upon banking institutions generally commence with the holders of small sums in notes, and if the extension the legal tender quality’ to sums of influesces the circulation of silver toa much larger amount than heretotore, the effect would be to allay unreasonable fears and to mitigate money crises, by preventing to that extent sudden demands tor the re- demption of notes. it would, in fact, increase the Specie supply without materially intertering with the standard. To this extent the doubie standard may bo saicly adopted. PRESIDENT JOHN THOMPSON, The HeRatp reporter then paid a visit to Mr, John Thompeon, !’resident ot the First National Bank, and received the following information :. Reroxter—Mr. Thompson, what do you think of Secretary Morriil’s views on resumption? President Taomrsox—In reiation to the resumption of specie payments, while Secretary Morrill extibits a commendabie anxiety to resume, bis ideas of prepar- Ing to resume are so at variance with wy practical observation and experience that 1 can_ but criti them severely. He evidently is impressed with the necessity of either contracting the currency disas- trousiy or of boirding gold to an amount that will also ve disastrous, Tne general theory is that the Legal Tender act should be repealed and that the bun’ should be compelied to obtaia an amount of gold su cient to meet the requirements of reserved mone! ‘This would nece&sitate the hoarding in bank vaults of over $100,000,000 of gold where legal tender green- backs would be just as good. ‘The — legal tender status of greenbacks should be lett ag it now is until every one of them ate taken away from the people, und tuere should de no measure in- troduced to compel the people to surrender them up, but leave tueir surrender and destruction to be gov erned entirely by the peopie’s choice. If we prefer legal tender greenbacks to gold, both beimg of equal value, we should be permitted. to hola them. To ro- sume specie payments by contraction of the currency, and that contraction worked out by giving out interest bouds for currency, will carry our present depression ip trade and 1a values much below What we are now experiencing. ONJKCTS TO HOARDING GOLD, To resume specie payment by buying up gold and hoardivg it for use av any future given day will also work out disastrous! It will be suilicrent time to buy gold wheu We find that the people want it in ox- change for greenbacks after the greenbacks are put upou a gold busis, If the Secretary of the Treasury should prociaim that on the Ist day of January next he will give out gold for greenbacks at par, t have no idea that five miliioas of gold would be required, and atthe same time be should prociaim that he would reveive gold in exchange for greenbacks at par we be- heve that his gold in hand would be augmented ten miliions during the month of January. I put this ia the above languago in order to tuily illustrate my vieWs oo resumption of specie payment. My obse vations during the inst filty years of panics and bank suspensions have invariably been that in time of suspension everybody wanted gold or silver, but in times of resumption everybody preterred paper to xold, A LITTER ANKCDOTE, I will mention an anecdoto which occurred in 1857. A Stockhoider and a depositor in the old Mechanics’ Bank of this city came to me and said:—“Here, Mr, Thompson, my bank has announced with tho other banks that they will resume next week; now, how can they resume? They owe $3,000,000 of deposits and $750,000 of circulation, muking’ $3,750,000 that will have to pay whea they resume, ana they have not got $500,000 of gold, Now, bow can they re- ftuwe?’’ T roplied to lim:;—“My good friend, as soon 48 your bank resumes, all its old igiends will take tho gold back that they drew out in the pante, and if you have any gold you will take it in too, Come and see mo ogain in about ten days after your bank has resumed and wo will see bow it gets along. My iriend was very much astonished (o tnd, afver bis bank had re- sumod, that gold kept increasing aud growing larger and ts currency weot on increasing at the same {itn and such was empbatically the case with all the soun banks; and such will be the ease when the govern- ment resum wt will adopt the common scose method made use of by the banks whpnever they have resumed, THR SILVER QUESTION. Lee a ph do you think of silver as acur- rene: Fi President Thomesox—I think Secretary Morrill wound on the silver question, It would be decidediy revolutionary (o make the standard of silver by iwtro- ducing What is called a double standard; the inevitavio result will be a single standard, aud that will be silver, throwing us into the condition that we were prior to 1834, when ‘silver was tne only money that we eoald ant trom the bank on a demand obligation, and ab the same time there 1s id reason why we should be permitted to use the product of our own country ia inaking a currency for our own people. We are sud fall continue to be the greatest silver producing coun, try, aod while our silver product is very rapidly 1 creasing our gold product is rapidly decreasing, MK. W. A. CAMP. Tne next visit paid by the Hexatp reporter was to Mr. W. A. Camp, inanager of the Clearing House. The subjomed cenversation took place. Revoxtsk—I have called, Mr. Camp, to obtain your Views on resumption, silver ag a currency and the natioual banks. Mr, Camrp—I have no opinions I care to exprees on the first two questions, but in re; to the national banks [ can say u good deal taxation on the Bational banks in this eity 1s so enormous that unless it is soon remedied some of them will cave to stop busmess, They have to pay government, State and municipal taxes and are taxed upon their capital and surplus, For instance, ifabank has $5,000,000 capi- tal andtwenty-tive per cent surplus, it is taxed upon $6,250,000, A country bank in the same condition would only be taxed upon about filty per cent of its capital stock, It ts hoped there will be some legisia- tion on the matter, as many banks are now taking up somo of their capital stock im order to avotd the heavy taxation. PRESIDENT P, C. CALMOUN, The Heratp reporter then called spon Mr. P. CO, Calhoun, President of the Fourth National Bank, and etd a short conversation with bim, RevortER—What do you think of Secretary Morrill’s of specie paymen osident CaLMOUN—1 cannot see the way to apeci« payments yuu! Lhe exports are very largely in excess of the unports, We have exported this your $1,000,000 han we have iinported, If we continue on the @ specie pryment will resume of itself, eTER—How do you like bis views oo the silver question ? Vresident CaLuoux—I think silver as a currency ia a humbuz and only benedis the holders of stock inthe Bonanza mines. The people were perfectly satisfied with the greenback currency, which was more conve- pient and compact, PORTER—Did you read the report on the national banka ? President CaLuoux—I see nothing especial to Ond fault with, What the national banks require is a re- duction of taxation, We intend to catl in $2,000,000 of our stock, as we Cannot afford to pay the taxes on it, TESTING THE EXCISE LAW. HOLLENDER’S CASE AGAINST THE EXCISE COM« MISSIONERS DISMISSED—JUDGEK MORGAN'S DE CISION, Judge Morgan, at the Tombs Police Court, yester, day repdered his decision in the case of George W. Hollender, proprietor of a barrooth and rostaurant, against Owen Murphy, Jacob M, Patterson aud George W, Norton, Excise Commissioners, for having, on Sep- tember 12 of this year, ilegally granted Lim @ license to sell ardent spirits in quan- Lities less than five gallons, It was claimed by the prosecution that tho statutes prohibited the sale of strong and spirituous liquors by other than hotel, inn or tavern keepers in quantities less than five gallons, and that Holleuder not being in any ofthe preseribed categories the Commissioners had acted without authority of law and were guilty of a misdemeanor. The caso was argued by A, Oakey Hall for the defence and Dorman B. Eaton for the people, Judge Morgan’s decision is regarded as a very im- portant one, The following are its chief points :— JUDGE MORGAN'S DECISION. Considering the affovis the defendanty in their privat ter, and as it aflects the public at lar, community, { have examined with inant Is the propristor uumoniy euiled « bar, in the build- ke asthe Stuats Zeitung mplaint to fix. the defendants for thelr olticial functions, fly, the eha ‘The Commissioners issued to to sell liquors at his store or bar aloresatd ‘autuority ot the law. The additional avarm: mpelted to take out auch lee n with the present questi rily.dismissed. — It the Commissioner: Je ta sell liquors at his store or bar afore ity and against the provisions of the statute reinaiter 110, they wre guilty of @ mind meanor under the very words ot the statute: bnt. the authority and under the provisions of such syut issued it, they have been performing an autl fur they aro te receive appt law 1857" ordains — thut no di shall be granted to any one who does not keep an inn, tavern or hotel, and that an inn, tavera or hotel is required for the acthat accommodation of travellers ac the place whore it is proposnd to keep the same. ‘The Jaiter part of the law TL deem very fieant. ‘There is, first, a prolibition against grantin: we to any except he propases to keep an inn, taveru or hotel, and not then unless the Inn, tavern of hotet is actually necessary for the accommodation of travellers, The same law also deciares it a misdemeanor to xrant & livense to any person not proposing to keep an inn, tavern or hotel, (Here an inn, tavern or hotel is defined. : t Chapter 578, Laws ot 1896, radically modified the law of 1857. Without expressly revealing that law it withdrew its gperation from the city of New York:—"Tho said Buard of Excise shull, subject to further provisions hereof, have po er to grant licenses to any person of good moral characte: This iv allot tue section necessary to cite. 1 merely cull attention to the words “uny person” for the words “persons who propose to keep a2 inn, tavern or hotel.” It is dittiouls, toses ow any one conld doubt that if the statute was in tull ut the time of the xranting of the licen:e the de- rat and liquor stor ing on Tryon row, in building, and be offence Of a mind conduct in the ut th that the complain: ry and which of tondants would be guiltless, But it certainly was nos, for by the act of the Lexislature pasted in 1870, chapter 173, the toregoing act of 1406 was repealed and the law of 184’ expressly revived, and this brings us to the really interest: ing and pivotal’ part of this case, The law of 1870 ould be coustrued as if a part ot the law of 1357, except so far same is inconsistent aud in coutlict. the provisions of tho lutest statutes bords of excise ure Authorize to grant licenses to any person, w,thout restric. tion, aud it is noticeable that section 4 of the Luws of 1870 is copied wlmost verbatim trom the Laws of 1866, which latter section first extended the powers of the Excixe Vor missioners to grant lic y pe Tne Legislature plainly meant to invoke the old wdwiniatrative method of the law uf 1857 while extending its provisions in this and other particulars, It is a woll settled rule of statutory construction that legisiative nets in par materia must be constrhed toxether, except thit where « prior statute is made @ partot a subsequent it. both statutes tor the purpose of general construction thereuiter, except that where there is un irreconcilable conflict between any of their provisions then th Fr superneue the forme: + * (Here the pi by counsel Jn their briefs are discassed to some lenzth). In conelusion, isfuction to me to arrive ui the conclusion that the defendants un rantable act, but that they have acted strictly within the xeope of thelr legal powers. 1 should be sorry to have discovered that the Commissioners who collected these moneys and granted licenses were every day committing misde.eanors and that their conduct Instead of being worthy pproval was exposing them to punishment, The complaint is dismissed. “WORDSWORTH.” MR, JAMES T. FIELDS’ THIRD LECTURE AT CHICKERING HALL. The third lecture in the course given by Mr. James T. Fields, of Boston, was delivered by that gentleman im Chickering Hall, Fifth avenue and Eighteenth street, last evening. The Hall was well flied with an attentive audience, The subject was “William Words- worth,’? and it was treated with the powerlul elo- quence for which Mr, Fields is celebrated. Tne speaker opened his theme by calling attention to tho exalted place Wordsworth occupied iu English literature. His poctry had led the way to brighter worlisa, Uniiko some poets, his writings never needed anexplanatios, The inmost thought of Wordsworth stood in the sunlight clearly revealed, giving a nobier impulse to the reader and lifting him abo tUnngs of earth into the purer realms of thought. No poet h@d ever taught mankind purer lessons than had Wordsworth. Every woman should love and revere his memory, for no bara had sung their joys ond sorrows with such tenderness and paid swecter tribute to thoir virtues, His books were con- secrated to the study and the relief of suffering. With him poetry was existence, The speaker narrated an amusing instance of an American traveller who, visiting England, desired to pay bis respects to the great bar Seeing a woman by the roadside he inquired the way to his residence, wheu sbe repiied that she could notinform him—she did not know where he did live. ‘Not know?” said the traveiler, astonished; *tyou must know. It is not possible that you don’t know where this great rhymer lives.”? “On! I gee now,’? answered the woman; “you mean that foolish looking old gentleman that goes about becky F to himself, but law! sir, when you get 10 speak to him he is jast as seusitle as you or 1!" ‘The lecturer thought Wordsworth, more than any roe of his time, had raised the moral charactor of the English nation, te was a mun of sound belief, and had stamped an influence on “his age which could never be blotted out. And yet, although the writer of noble things, he bad beon persecuted in his earlier daya by critics until weaker :ninds would have failed. This derision, how seemed to have lifted him into greater confidence in bis ability. They could not sepe arate him fro o exalted thought, The lecturer rather briefly described the poet's home among the bills and his everyday life at Kydal. The ‘utmost simplicity markee his life, which in hy years was meagre enough. His good genius was svert bis sister Dorothy, who stood beside him {n all his despondency aud doubt, Sho it was who in the first years of bis career lived by his side in poverty (bis yearly stipend being then only £100), and doing all the household work, eb alter his marriage, which was unusually bappy, he continued to lean upon her and loox to her for that devotion and sympathy she never failed to give him. The speaker imitated the poet’s manuer of reciting his own poems, and re- lated severa( touching incidents which occurred during = viaghe paid the bard three y before bis deatn, THE OLD SLIP BURGLARY. ABREST OF THE MEN WHO HAD A WEAKNESS FOR VANILLA BEANS, Detectives Adams and Thompson, of tho Central OMice, yesterday entered the saloon at No, 61 Chrystie street, kept by James Johnson, alias ‘ersey jimmy.” and there arrested William Henry, of No. 180 Hester street; Thomas Furguson, of N 239 Henry “tree and Jumes, Fiyna, Rivington “and Forsyth street, The woner ‘yun is really James Fogarty, the notorious burglar, The charge against the prisoners was that on inst Monday they opened the front door of the premises of Gomez, Kidndo & Co,, at No. 9 Old shp, and stole nine cases vanilla beans, valued at $6,000, gold, On ber arraigned before Justice Bixby Furguson, Henry Flynn were remanded tor further