The New York Herald Newspaper, December 22, 1876, Page 3

_ BOT SES WRONG. —_——_ Democratic Bulldozing in Louisiana and Repub- Tican Terrorism in South Carolina. TESTIMONY BEFORE THE COMMITTEES. Ex-Governor Wells, on the Stand, Details the Action of the Returning Board. CHAMBERLAIN DECLARED A TRAITOR. South Carolina’s Double Legislature Manu- facturing Governments. SOUTH CAROLINA. CHAMBERLAIN TO ISSUE A PROCLAMATION ORDERING HAMPTON’S GOVERNMENT AND LEGISLATURE TO DISPERSE—THE DEMOCRATIC HOUSE RESOLVE CHAMBERLAIN A TRAITOR AND FORBID THE PAYMENT OF TAXES TO HIS GOVERNMENT. [BX TELEGRAPH TO THE HERALD, ] Conumaia, 8. C., Dec, 21, 1876, At midnight yesterday the city was agitated bya rumor that the only company of troops rematning in the State House had been removed at six o’clock in the evening. Your correspondent at once repaired to that Duilding, demanded admittance, was refused by the Negro constabulary at the aoor, but subsequently allowed toenter by an elderly white man, who was eddressed asa sorgeantof that force. I found the stacked arms had disappeared {from their usual place inthe hallway, but proceeding a little further tho Prosence of two sentinels, whose bayonets glistened in the feeble light of the tallow candles with which the State House ts now illuminated, removed all further doubt as to the presence of troops. Tho soldiers, with their arms, were asleep on the floor and benches in the ante-chamber of the Executive Department. THR NEW REPORT. To-day these reports are revived in a different shape, and this time they como trom officers of the army and from republicans in the confidence of Governor Chamberlain, which gives them a semi-official sanction. As the story goes now it appears to be settled that, immediately after the adjournment of the Senate and Mackey House on to-morrow, as agreed by concurrent resolution, Governor Chamberlain will issue his proc- Jamation, calling upon Hampton and Simpson, ana their alleged pretended government, as well as the domocratic House of Representatives, to disperse in three days from the dato of the proclamation. That timo will expire on Tuesday morning, when the troops are to be withdrawn from the State House. In the meantime Hampton’s government will not have dis- persod, and Chamberlain’s proclamation as in the case of tho rifle clubs will be followed by another from the President to the same effect. This 1s the programme as Indicated by a republican official at the State House, sand I give it for whatit is worth, It is supposed that the President’s proclamation ts to be issued at the bamo time that the troops are withdrawn from the Btate House, A RESOLUTION OF CONSTITUTIONALITY. The Mackcy House to-day, in its own peculiar way, Pegalized its legality, A committee was appointed a day or two ago to report upon the organization ana eonstitutionality of tho body. That committee to-day submited an elaborate and voluminous report, the Joint production of United States District Attorney Corbin and Governor Chamberlain, which gives a his- tory of the organization of the House, cites numerous authorities, and concludes that the Mackey House is a legal and constitutional organization. Of course, the report was unanimously adopted, It 1s understood that the democratic House will take @ rocess to-morrow or next day, until again called to- gother by Governor Hampton or tho Speaker. CHAMBERLAIN DECLARED A TRAITOR, The following preamble and resolution was adopted to-day ‘Whereas the Supreme Court of the State in the caso of the State ex rol. W. H, Wallace against H. E. Hayne as Secretary of State, has adjudged E. Ww. M, Mackey not.to be the Speaker of the House ot Representative: ot South Carolina, but a pri- vate citizen; and whereas a body presided over by ead E. W. M. Mackey pretending to be the House of Representatives of South Carolina has passed an act entitled, ‘A bill to raise supplies for the fiscal year commencing November 1, 1876;” and whereas said bili has received its second reading in tho Senate and willinall probability be passed by that body and will receive tho signature of one D. H. Cham- berlain, now treasonably attempting to usurp the office of Governor of tho State; and whereas His Excellency Wade Hampton is the legal Governor of South Carolina, and alone has the right to approve or veto acts of legis- Jation:— TAXES NOT TO BE PAID. Thorefore, bo it resolved, by the House of Repre- sentatives, that the taxpayers of the State be, and aro horeby requested, instructed and admonished, not to pay tho tax imposed by said pretended act of Jegisla- tion, and not to yield obedience to any othor legisla- tive act or resolutions by said pretended House of | Representatives, or proclamations and orders which =~ bo issaed by the said traitor, D, H. Chamberlain, now attempting to usurp the office of Governor of Bouth Carolina. WORK OF CONGRESSIONAL COMMITTERS, The House Congressional sub-Committco was en- Baged to-day tabulating the electoral vote from the sorrocted returns of the precinct managers now in their possession. The result of their labors will prob. ably be annocnced to-morrow. Tho Senate Committee still holds its sessions with elosed doors, and is assiduously engaged in the ex- amination of United States District Attorney Corbin's trained and drilled witnesses from Aiken and the the country whero the Ellenton riot took place. These witnesses are the same that were paid small sams for their affidavits in October last, and they have been carofally groomed ever since, The affidavits are pre- pared with a due regard to establish an unbroken line of intimidation, marders, horrors and atrocities, aiter the fashion of the most approved outrage mill; and the witncsses are gatd to bo experts upon cross-exami~ pation, There are nearly two hundred of them, wno were brought here four weeks ago to appear before Judge Bond’s Court. GOOD PAY FOR WITNESSES. The cases of the Ellenton rioters were postponed, ‘and the witnesses were then Kept here for the benefit of the Senate committee. It is said they are recoiving $3 per day from the committee; that they were paid whilo awaiting tne action of Judgo Bond, ana that a large. number who wero summoned before tho House committee received pay from that committee too, making the business of an outrage witness tho most profitable that a colored citizen can well engago in hore. CHAMBERLAIN'S PARDONS; UNRECOGNIZED. ‘The republican Superintendont of the Penitentiary here retused to recognize the pardons isswed yesterday by Chamberlain for two negroes, on the ground that he ‘was not logally the Governor. The prisoners thon wero brought before Judge Carpenter, of the Judicial dis- thet, on writs of habeas corpus, alleging that they are iMegally deprived of their hberty by, the Superinten- dent, Saturday was set by the Judge fora hearing of the case. Thoso who know Judge Carpenter suppose he will deciae that neither Chamberlain nor Hampton have been qualified according to the constita, tion, which requires that the Governor should be sworn in by the Chief Justice of the Supreme Court, and that therefore Chamberiain is yhe de facto Gov- ernor, holding over until his successor has duly quali- fied. Tho latter decision, if delivered, will not amount to much, as the Supreme Court has already virwally decided in favor of the Hampton government TESTIMONY BEFORE THE~ HOUSE sUB-COM- MITTEE. [BY TELEGRAPH TO THR HERALD.) Cuanceston, Dec. 21, 1876. Two sub-committees of the Congressional House committee sent to this State to examine into the facts af the November election came hero yesterday and crowd had gathered, to-day began their labors. Their object is to deter- mine whetber democratic negroes have been po- liteally intimiaated by men of their own raco who voted for Massa Chamberlain. field ripe for the harvest of such evidence as they seek, and to-day heard the sickening story of one James Grant, whose wounds still attest his past ordeal of suf- ‘They have found the fering for principle, He is a negro of St, Andrew's parish, who went to the polls about sunrise, before a and cast a democratic Uckeh He was engaged in distributing ballots when an excited throug approached him, shouting; and finding that they meant him to be their victim he ran from them, but he was checked by Bumbers of other bloodthirsty blacks, who were hunot- ing him from the opposite point of the road. Both crowds, by spreading, formed a dense ring, round which he ran in an endeavor to find a portion through which he could break. ADVANTAGE OF 4 TOUGH SKULL Bolomon Lyon, a negro.struck him twice on the crown of the head with a green gum club, and he fell, but jumped up and was again knocked down; sen Manigault called upon the mob to “kill him because he was a democrat,” and struck him to the earth; Lyon shouted, ‘Kill nim! kill him! He’s almost dead now! don’t let him live,” and struck bim on the head; Grant ran toa miil dam and clinging to the grass growing on its surface got across the pond. BRAVE DEPRNCE BY 4 COLORED WOMAN, Ho askod Rebecca Bennett, a negress, to save him, She cast her arms about him, pressed him to the ground and covered him with her clothing. When the mob came up she kept them at bay, bat an arm and leg protruding from the covering of her dress were Attacked and horribly lacerated with razors, knives and bayonets and bruisea with clubs, The poor negro was, before they had ceased to maul him, so injured hat he has only recently left a hospital, and cannot undertake to labor before six months, His story was corroborated very strongly. A HAMPTON CLUB BULL-DOZzED. Another witness had belonged toa negro club, The republican members of it bad forced the others by threats to pledge themselves to vote for Hayes and Chamberlain. They were afterward forced to the poils with clabs and bayonets and forced to fulfll the com- palsory pledge. Tho club had originaily been organ- ized to support Hampton, but the radical negroes had obtained control of 1t by intimidation and used it to an opposite purpose. VIOLENCE AT THR POLLS. James Simmons saw the polls surrounded by armed negroes, and was compelled by their ferocious ani- mosity to hide in the lott of Red-Top church, in order to escape death, The crowd oracred him to descend, and swore that they would wait until the judgment- day for his blood, He crept out at dark, aud, went home. Frederick Randall was forced by the menace of loaded shotguns to gothe polls and vote against his tnclination for the republican candidates. Grant’s testimony was rendered distressing to all by the pitiable corroboration given to every word by his half healed wounds. The effectof bis and simiar stories, when fully published, ought to beget horror nd disgust throughout the whole country. CHARLESTON’S VOICE, ORATORICAL EXPRESSION OF PALMETIO SENTI- MENI—CBIMBS OF THE ALIEN OPPRESSORS EVOKING MIGHTIEST INDIGNATION, [BY TELEGRAPH TO THE HERALD] M Cnariuston, Dec. 21, 1876. Charleston is oxcited to-night, and the white citizens havo thronged to Hibernian Hall, which js filled with many nendreds, while on the pavements without are groups of people who cannot enter, The sentiment hore has, in its outward manifestation, been heretofore very much repressed by the thoroughly disseminated eonviction that the crisis demands, in tho party which possesses the right, tho greatest pradence and forbearance. But long suffering has failed to engender perfect patience, and the political suspenso “has been such a strain upon the popular nerves that the anaesthetic relief of oratorical eloquence was a necessity. The most respectable and responsible merchants and lawyers of Charleston convoked the as- semblago of to-night, and drew forth a representation of allthatis most noble, refined and patriotic of tho metropolis of the Palmetto State, Tho intensity of feeling in the breasts of the sons of South Carolina agaiust tho yoke of despotism, was never more bitterly and impressively expressed than in the flerco yells which greeted the senti- ments of peculiar invective or heroic denunciation against the alien oppressors, The spedkers, whic ex- horting them to make a Jast stand against the usurpa- tion and corruption of the central aynasty at Wash- ington, took care to counterpoise such expression by counselling peaceful courses and advising nothing more violent than tho simplo refusal to support the autocracy of Chamberlain and tho giving to Hampton ample means by which he may maintain tho official character he has legally assumed, STRICKING THE CHORD OF MIGHTIRST INDIGNATION, M. P. O'Connor, democratic candidate tor Congress in the last election, was warmly eloquont in pouring epithets upon the radical actors inthe State’s drama, which secmed to strike the chord of mightiest indigna- tion in the hearts of his sympathetic listeners. They hadgsacrificed too much for eight loog years, which were black with the infamy of their enslavement, hideous with their anguish and stained with the crime of their focs.@ They had sat in sackcloth and ashes, and had érank the bitter cup of diro humilia, tion, Bayonets hedged in tho guilty usurper, whilo he again affected to govern, trampling on law and out- raging deceucy and right. The avawer should go forth, thousand tongued, to-nigh! ‘Wo will not sub- mit—never. We repudiate him as a tyrant and his acts as treason.”* A people who arc in the right and are imbued with virtue and intelligence could never be enslaved. They shoulda not despair; there ‘was an irresistible law of society intheir favor. The pendulum had been pushed too far and must rebound. They should preserve themselves in fortitude, do nothing in vengeance, shed no human blood. Through all, all would yot be woll. The resolutions partook of a spirit mor the speeches, but of the same sentiments. LOUISIANA. YESTERDAY'S PROCEEDINGS OF THE SENATE IN- VESTIGATING COMMITTEE—SCENES AT THE ELECTION IN OUACHITA PARISH—THE SHER- IrF's STORY. jate than Naw Onueans, Dec, 21, 1876. When the Senate investigating committee met to- day an effort was mate by Senator McDonald to have the members of tho Returning Board subpanaed, ac- tion on which, however, was finally postponed by the committee until to-morrow, The question of taking the deposition of Eliza Pinkston was discussed for some time and Mnally post- Pponed until to-morrow. The counsel for the republican side stated that they had some forty-two more witnesses to testify in regard to Ouachita parish. ‘rhe democratic counsel stated that it would be im- possible to have their witnesses here before next Tucs- day, as they had beon misled in regard to which parish would be taken up and had subpwnaed their witnesses from East Baton Rouge first. HUNDREDS OF WiTNERSES. The republican counsel stated that the whole num. ber of witnesses {rom all parighes would reach 500, Senator Saulsbury thought it best to have an under- standing at present in reference to Uixing a limit to tho inquiry, as 600 witnesses on eithor side would con- sume all tho time until the Ist of March. The Crainmax—lI have thought that the mass of ev1- donce might be abridged by counsel, either side agree- ing, as far as possible, to accept the testimony before the Returning Board without either side being ex- pected to develop farther testimony from those wit- nesses, A lengthy discussion ensued in regard to the best means of reaching the object aimed at, viz. :—Whother or not there wi full, free and fair election in the contested parishes, It was the general opinion that this could best be secured by examining and com- pleting the parishes separately, and that tho respective counsel might sift the testimony of their wit- nesses and leave out all except the most important testimony, and thus avoid much labor and waste of time, As it appears, from the tabulated state- ments furnished by the Returning Board, that the polls have been rejected in twenty-two parishes, the labor necessary to determine the fairness of the clection in| these alono would be very great. It was finally agreed to proceed with Ouachita parish, A PRACEABLE ELECTION—ALL ON ONH BIDE. James Gallagher, aged fifty-five years, a oxtive at Ireland, was the first witness called, who testified as | follows :—*Have resided in Louisiana for three years; came here trom Milwaukee; resided in Ouachita dur- ing the jate election; the first disturbance I know of was on the 4th of July last, at a Metho- dist Sunday school, when a report was re- ceived of the uprising of island; some of the rifle compan the island and to Bastrop that night that three rifle companies were organized under Cap- tains MeLeod, Ruftington and Theobold; squads of them visited Mr. Whited, on whose plantation I worked, to induce hith to join the democratic ciub; they suid nothing to me, thinking I was a democrat; Mr. Whited asked what authority they had to call on him and force him to join the democrats; one of them, named MeHenry, said if the democratic party did n carry the election he (McHenry) would be a dead inat med *‘bull-dozers’’ fol- fe from Gordon's Station and made numerous inquiries about him; the next aay a pertion of McLeod company visited toe plantation, stampeded the hands and frightened all of us; Mr. Whited, his wile aud 3 the witness fled tothe cotton field; Mr. Whited and his wife returned to the house, but witness latd out all night; some of the *bull-dozers” assurea Whited thas he would pot be molested, and he and bis wile returned to the house about eleven o'clock that night; two weeks before the election witness attended a demo- cratic barbecue; after the barbecue was over Colonel Richardson and Captain Farmer commenced to organ- jze a colored club; they said that sixty-two men joined them; some Joined willingly, bat others who were re- Juctant} were dragged up; went to the polls ia Ward four at about eleveo o’clock on election day; remained there about threo hours; everything was peaceable, as it was all oue sided; republican tickets were not allowed to be distributed; Bill Sirover stood at the door and made the negroes show their tickets; the tickets were of differcat colora and edsily distinguish- able; when the oilicers left at noon the republican Vote Was announced as thirty-cpe, but when the polls closed it was announced as twenty-eight; only three other whites besides witness voted the’ republican ticket there; the rifle companies. were com posed of white democrats, who rode about at night fully armod, terrorizing the colored people; at the polis where witness voted Pat Mili brought some republican tickets, and the democrats made nim leave; the ne- groes dishked to jom the democratic clubs, but were afraid they would be beaten it they did not. ORGANIZATION OF BULL-DOZERS, James R. Hall was tho next witness, and the follow. ing 18 his testimony :—Live in Ouachita; have lived there lor two years; before that resided in Terre Haute, Ing, ; was in the United Su rmy; previous to the 4th of July last everything wus peaceable and quiet; on that day was at tne Mothodist schoo! house, when 4 report prevailed that the negroes were or- ganizing on the island, and an attempt was mado to organize the whites to go and mect them; was invited by a comwittee to meet at the school house aud join a rille company; they said they were appointed by the democratic committee at Mouroe to wait on everybody ; they presented me a paper and insisted on my reading it; one article im ihe paper said that all who retused to join a company would be considered unworthy of pro- tection and boleft to themselves; I asked fur an ex- Planation of this article, and they saia if | would come to the meeting I would learn ail about it; Mr. Whited came im and they insisted on his reading it; they were invited in to toa, and one of the party, named Ball, pulled out a revolver and laid it on the gallery and'went in; at the instance of some gentle- men opposed to the formation of rifle clubs he went to meeting; nearly every white man in the neighbor- hood was there; the best method of organizing was discussed; Mr. Jones said, ‘let all who want to sign the roll do so, and let the others go on; neariy all jommea; many who had said they would not Join, did 80; a committee was appointed to secure arms for the company; after adjourpment Captain Freebold said to Jones, you ought to have every man join; the way is to make it so damned hot for them to Stay out;”’ alter this they began to ride about at night; seldom in daytime; this company was known as the Colony Guards; they visited my negro quarters at all pours of the night; these negroes wero ail republi- cans, and the riflo clubs would shoot into their quarters, ; Ho also corroborated Mr. Gallagher's testimony in reference to “buil-dozers’’ following Mr, Whited and wile trom Gordon’s Station; he stated that he was at the house when Mr. Whited and family groes were stampeded; about three hours after tho stampede Mr, Anson, overseer for Mr. Whited, came up and said the rifle clubs were looking for a ne- gro named Jesse Brygs, and would not disturb our 1o\ks; 1 went out then and tried to induce the negroes to go back to their quarters; many of them wero atraid to do so; alterward Messrs. Puckett, Bowman and Nash, whom I knew, came up the road’ and said they had come to tell us not to bo irightened; they re- mained unul eleven o'clock, and no _ trou- ble occurred from that gime till the electio: itlemen continuaily rode about the country at aptain McLeod sent an order to mo one day to report.at his house with my horse and gun imme- diately; the courier said the Captain wanted every man inthe colony, as the negroes were rising and *going to storm Monroe. WHAT THK SHERIFF OF OUACHITA BAYS. George B. Hamlet testified that he had resided in Ouachita since 187: ved in tho State since 1869, and was a native of Oho; I am Sheriff of Ouachita, said he, and have been for two years; the parish was peaccful until May, 1875, when the Mayor wa® elected; the democrats turned out from all portions of the parisa and stated that they intended to carry tho olection: the municipal election was closely contested, but no violence was shown antil the day of election, when it ‘was reported that the negroes were rising in the parish to carry the election; nambers of strange white men came ih; reports were circulated that arms had been brought to town, and many colored yoters were so intimidated that they did not vote, while many stayea away; in consequence of this Endom, a democrat, was elocied, though Monroe had always gone republican; a fow days before the election Mr. Gunby, in aspeech, used violent language, and said whero the bullet enters the flesh will quiver, and where the knife is thrust tho blood will flow; resolutions were adopted unanimously that men who would not vote the democratic ticket would not be employed; witness said alter returning trom the Cincinnati Convention he was advised not to go back to Ouachita, ae it would not be safe; altur consultation with Dr. Dinkgrave they went and organized a party there; he then gavo bis story of the rifle clubs, and said it was told by members that the clubs were solely for the pur- pose of preserving peace; witness told the negroes, who bad become alarmed, that there would be no trouble. He then told of the conduct of the rifle club atthe repablican barbecue at St. James’ chapel, which was broken up by them, and the effect of Pattou’s letter in causing the democrats to attend all republican meet- ings and intimidate the speakers, and gave the history of the arming of the whites in Monroe, When it was reported that negroes had fired into houses on tho island the witness, being Sheriff, offered to go with two men and investigate the whole affair. COLORED MEN NILLKD AND WOUNDED. He then gavo a list of colored men who bad been kilied and wounded, whose names have already beep published, and testified to the hapging up of two men and the whipping of a pamber of others, and also that a large number of colored persons were driven from their homes, seventy-five of whom he had to toed at Monroe, He said there had been no complaint of the official conauct of the republican officials ia Ouachita, but the democrats said they wanted and were going to have a change. PROCEEDINGS OF THE HOUSE COMMITTEE. At the morning session of the House Investigating Committee, J. Madison Wells, President of the Ro- turning Board, testifed:—In canvassing the returns ‘we compared the supervisors’ roports with the taliy sheets of the Commissioners; when thoy did not agree wo deducted, but considered principally the tally sheets; wo sont for tally sheets when parties in- terested in the election asked forthem; we sent for the boxes of Concordia parish at the Instance of ex- Senator Harris; 1 did not know then and I do not know now that he had an interest as a candidate in the late election: wefound on examining the tickets that all the electors hai been voted for, but the votes were not properly counted; we counted the tickets and included them in our compilation; the votes omitted were on the republican side; we have not made any estimate of the aggregate vote thrown out; we will furnish tho committee with such statement: I cannot tell the number of votes thrown out for each party without roferring to the books; we did not con- sider what party would be affected by the yotes thrown out; I think wo thi out or West Baton Rouge; 1 don’t recollect whieh; I cannot furnish the original papers to the committee, because they belong to the State; they aro still in con- trol of the Board; the law requires supervisors to seal up und forward returns by mail; some of the re- turns came by hand and wore counted, the returns irom Grant parieh were not sent by the supervisors; when the Supervisors’ reports are sent they should be accom- panied by tatly sheets; I don’t recollect that th re. quires the Board to canvass from the statements of Com- mrssioners instead of supervisors; Wo reccived boxes from Concordia, whieh did pot come through the supervisors, and refused to consider Grant parish b cause the returns did not come through tho supel visors. By Mr. Jenks—If the Supervisor was knavo enough not to forward the returns, and you bad returns made by the Commissioners of Election, did you canvass such voto? Governor Wells—No, sir; wo canvassed no votes not received through supervisors, The attention of Governor Wells was here called to the fact that the boxes from Concordia did not come through the supervisors, and he replied excitealy, “No, sit» how could they t?* in answer to questions Mr. Wells said:—Mr. Abel is clerk of the Retorning Board; Mr. Kenner is Secro- tary, I think; he was some time ago; | think he ts yet; mo one but members of the Board are present at tho private sessions; the minutes are made after the private session {rom memoranda kept by the members of the Board; the law requires that tue Commissioners of Election shall be appointed from both parties, but don’t know that all the polls in the State were represente. by democratic Commissioners, and do not know that there ‘was any democratic supervisor of registration in the State; sent for the ballot boxes in East Baton Rouge, but did not count those boxes, for what was considere: good and suflicient reason; no evidence was taken by the Board after going into secret session; can’t say whether the boxes trom Concordia were received and din secret session or that the democrats knew that these boxes were being sent for; believo a request was made to send for the boxes of the polls in the parish ot Orleans, from wh the supervisors mado no retur! the Board did not consent to send for them; threw out no pelt im the parish of Orleans that was returned to the Board, but do not remem- ver if all the polls in the irish were ro. turned; am a decided partisan, but would not allow politics to inilaence me any thi unjast; did not throw out parishes and polls simply they gave democratic majorit don’t k that any republican poll in the State was rejected; did NOt state to Mr. Freret, in 1574, that as the republi- cans had the machinery of the government and L had a claim against the government that my action on th Returning Board must be governed accordingly, al- though cianns of the members of my family ogainst the government amount in tho aggregate to about $700,000; was not iniluenced thereby in my cl 3 clause in ‘ilden’s letter say- e would veto such «a clam ine did not influence my course; am Surveyor of | the port and President of the State Board of Returning Otticers, but do not think holding both positions is in contravention to President Grant’s order that no fed eral officer shal! hold a State office; do not receive any fixed compensation as member of the Returning Board, but receive per diem and mileage; expect the Legislature to make an appropriation ' for mem- bers of the Returning Board; some of my relatives were appointed to ‘office in i874; have a receipt book to show when the returns were re- ceived, whether by mail or o:herwit believe the law ys that the reiurns shall be made by mail, but did not construe tt that way; kept a minute book of ail the proceedings of the Boi secret session, they were made atterward; if | stated to the committee 1m a letter of the Board refusipg to give up all papers, that, being a State officer, { could Rot part with the records, | did it under a wrong con- struction of the law; the Board filled a vacaucy in 1874, caused by the resignation of Gen- eral Longstreet, but did not fill the va- cancy in 1876, cansed by the resignation of Mr Arroyo in 1875; 1 believe the law says there shall bo a democrat on tho Board; 1 think 1 is the duty of the Board to fill vacancies, but did not fill the vacancy In 1876 because the Board could not agree; Dr Hugh Kennedy, the gentleman proposed for the vacant position on the Board, is a gentieman of high standipy, irreproachable character and a friend of mine, but the Board could not agree on his appoint- ment, and no other name was presented; I did not Vote On the question, and do not think any member of the Board was much’ opposed to Dr. Kennedy, bat in taiking over the question we found that we could not agree. WHAT THE MINUTE BOOK SAYS. was ordered to send for the minute book the proceedings of the Board, and tho receipt book showing the date of reception of returns and how they were received, whether by mail or otherwise. The Jaw says the returns must be sealed and forwarded by supervisors of registration by mail. It was found when the minute book arrived that it did not contain the proceedings of the secret session, and the witness stated that it was tho wrong — book. The witness took the receipt book and said it was not the right. one; that there were others. Mr. Jenks, of the committtee, read from stubs, the other portion of the loives being torn ‘off, the datos of the reception by the Returning Board ofthe returns from the paris! In seven or eight instances the entries showed the returns had been re- ceived part by mat! and part by hand. ‘fwo or three were marked as received by express and tho greater portion were not marked as being received either by inail, express or hand. When the book had been gone through the witness stated that since he heard its con- tents read be did not beheve the Board bad any other Feceipt book. THE EVENING SESSION. At the evening session Charles 8. Abell, assistant secretary of tho Returning Board, was called to the Stand and testified :—-Resides on Robinson street, New Orleans; been there since 1874; camo from Shreveport; have been tn the State siace 1869; 1s a native of Rhode Istand; has beon acting as assistant secretary of the Board since November, 1874; was not prosent contin- ually during tho sessions of the Board; during the open sessions, when the commities from the North were’ here, was present all the time, but only occasionally when tn execu- live session; received the returns when they came to hand and receipted for them to the super- Visors; 1n no caxo wore amended returns received; the papers presented by the democratic committee were received by me; im the case of the Baton Rouge box, it was received from the Clerk of the Court, also the one from Concordia; did not know how these returns affected the origins| returns; they wero asked for by the democratic counsel; simply receipted for the box from Concordia from the person styling himseif the clerk of the court there; had no record of the date of ib; gave no official receipt for it; the custom of the Supervisors was to establish a poil in each justico’s ward; could not siate whether returns were received from all the polls in the State; only knew from com- mon report whether any polls were not returned; his duties as assistant secretary gave him control of the clerks, but never examined the tabulated statement; that duty was left to the ebiof clork; only knew thatthe Board canvassed all returns returned to it; cannot State what the’ result for the different electors was; (a copy of the poils rejected by the Board was shown. to the witness, and he was asked as to the accuracy in regard to the whole number, which was sixty-nins; on being asked the total number, the witness state: that he had not footed them up, and was directed to furnish the additions to morrow;) did not know that any polls in the parish of Orlea were thrown out; tho Board had no official knowledge of anything not returned by tne Supervis- ors, and couid not act og polls not before them; wit- ‘ness was 1nterrogated in reference to the action of tho Board ijn a number of instances which ho had no re- membrance; am a member Of the Flour Board, also appointed by Governor Antoine last August; am paid by the fees from the office, which run from $400 to $100 per mon; in 1874 was inspector iu the Custom House at $3 or per day; was then Assistant Sccretary of the Returning Board; d that he bad estate, but ating it was out of the Stote, and also refused to answer a number of questions relative to his business and income in an emphatic manner; heard no talk about counting Til- den out by the Board; tho vote tor Presidential elect- ors was delivered to the Secretary of State at five o’clock on December 5, ‘The minute book of the Returning Board was shown to the witness, and he was asked whether the Board did not refuse to receive any further testimony on Friday, December 1. He reptied that he did not know, as he could find no recora of it, RETURNING BOARD IN CONTEMPT, Tho House committee, in executive session to-day, instructed Mr. Morrison, chairman, to report the mem- bers of the Returning Board to the House for contempt 1m refusing to produce the records called for, INDIANA. . ‘VIEWS OF ATTORNEY GENERAL BUSKIRK AND COLONEL A. T. WHTTLESEX ON THE PRESI- DENTIAL COMPLICATIONS. [BY TELEGRAPH TO THE HERALD.) Inprasarozia, Deo. 21, 1876, Hon, Clarence A. Buskirk is the Attorney General of Indiana, He is a young man ot acknowledged abil- ity, was elected by the democravy two years ago, ‘and re-vlected to the position in October last His residence is in the Packot, tho impregnable stronghola of Indiana democracy, the region from which Governor Blue Jeans Williams emanates. attorney General Buskirk has given me his views on tho Presidential complication, so far as the grom and important and perbaps decisive work of Congress in February is concerned. He said that the duty of the President of the Senate in the matter of opening and counting the electoral votes fur President and Vice President is purely ministerial. I! any questions arise of a judicial mature they must be settled by tho House and Senate acting concurrently. This i the true conatruction of the constitutional provision on the subject, for the following reason :— It is a well settled rulo in the interpretation and con- struction of statutory and constitutional provisions that the construction must be reasonable and not be interpreted so as to lead to absurd and mischievous results, bat rather to results reasonable and beneficent. Of course he referred to ambig- uous provisions coucerning whose meaning thero fs doubt and where tho language used is bot plain and imperative. ‘To construe the provision in question as I have indicaicé,” said the Attorney Gon “would be reasonable, ‘safe and just—the great and responsible power being lodged in the rep- resentatives of the people in their highest capacity and consistent with the spirit of our free institutions. On the contrary, to say that the great power is lodgea sololy in tho presiding officer of the Senate ts to open the way to absufd and dangerous conse- quences in this, that it makes our government auto- cratic, rather than representative, in the most solemn event of the nation—the election of its Chiet Magis- trate—and this auiocracy would be contrary to the whole spirit of the constitution.” WILITTLESEY BATS. ischiet of an executive de- partment of the Sta holds confidential, personal and official relations to Governor Hendricks. Ho was for years a leading journalist in Southern Indiana ana & war democrat, Two years ago he managed the democratic State campaign and victory crowned his leadorship. He says Tilden and Hendricks were fairly and sq! ly elected, as chown not only by the popular ~ vor but by the electoral vote, and the uational democracy should stand firm! by the result, and under no possible circumstances back down. It has ently been the intention of the republican manipulators from the beginning to push Hayes in and perpetuate Grantism at all hazards, and the most unscrupulous of them propose to do this at the point of the bayonet, if necessary. Ut course the democracy shoula not and must not be goaded or misled into making any premataro show of organizing for forcible resistance to the bull-dozing programme of the fraudolent re- turning board party. Butif the party in power tempt to enforce their palpable outrage on the pop lar rights and swindie the people out of their Presi- dential choice the successful party that elected Tilden should promptly take the rebellious republican bull b; the horne, and pip that species of Grantism in the bud. If Titden is inaugurated, as 1 fecl confident ho will ‘and the opposition, protending to bo acting under leaal authority, makes forcible resistance to the mandates of President Tilden, the ‘democracy of Indiana will sastain the legal President, and if called on will boldly and patriotically respond to the call If the republicans or the corrupt ringa attempt to inaugurate civil war, the responsibility mast rest upon their shoulders. ly hope tor averting ich a calamity resis with such men as Edmonds, Christiancy, Conkling, Booth, Logan, Bariow and Fish, They may force their party from the unenviable - tude oi defending the infamous returning board frauca of the carpetbag Statos, PENNSYLVANIA. PROMINENT CITIZENS OF PHILADELPHIA ME- MORIALIZE CONGRESS ON THE PRESIDENTIAL DIFFICULTY—A PEACEABLE SETTLEMENT DE- SIRED, Paitavetruta, Dec, 21, 1876, ing |. A petition, signed by John Wolsh, A.J. Drexel, Henry NEW YORK HERALD, FRIDAY, DECEMBER 22, 1876.—WITH SUPPLEMENT. ©. Lea, Edwin M. Lewis, Joseph Patterson, Franklin B. Gowen and many other prominent citizens of Phil- | adelpbia, irrespective of political affiliations, has been forwarded to the members of the Senate and House ot Representatives at Washington, recityng that, in the belief of the petitioners, the citizens of the United States are almost unapimous in the demand that the questions arising from the late Presidential election shall be dealt with im a spirit predetermined to harmonize con- flicting views, irrespective of the success or deleat of individual candidates, Any other course involves peril to the very structure of our government, which no thoughtful man can contem- plate without dread. A partisan contest in Cougreas resulting 11 the proclamation of a President without the acquiescence of both houses would de- siroy the confidence of the peopie in the justice of the decision adopted, would weaken their ri forme of jaw and impair their faith in the adequacy of the constitution to preserve substantial justice between contending parties. of such action couid not fail to be deplorable to niry and ru ous to the party which might achieve a tem porary tri- umph. The petition concludes as follows:—“The under- signed, therefore, confidently hope that your honor- ablo boties will earnestly consiver some mode of reaching aa decision of the pending questions that will satialy the consciences of the country. They feel assured that when Senators and Representatives of the United States are calied upon to exercise judicial powers fraught with conse- quences 80 momentous they will brirg to the discharge of their high functions a spirtt of fairness and im - tiality that will result ina virtual unanimity of judg. ment. A result so reached, whatever it may be, wiil uuquestionably command the willing acquicsvence of the whole nation.”” TAMMANY AND TILDEN. STIRRING GENERAL COMMITTEE RESOLUTIONS ON THE PRESIDENTIAL CONTEST. A special meeting of the Tammany Hall General Committee was held at the Wigwam, in Fourteenth Btrect, last evonin, There wasa lorge attendance of members, Mr. Augustas Schell in the chair, Mr. A. H. Purdy, from the special committee ap- Pointed to draft suitable resolutions on the present peculiar political condition of the country, made tho following report, which was unanimously adopted :— That the Democratic Republican G Committee of the city and e. New York here! gratulate their fellow cit peaceful victory 3 he peop the victory In the nation nn era of peace, on and perfect reconciliation of the different sections of w will succeed the jong period o! discord, division and ai sirifo which have prevailed under the party in power, That the extravagance aud corruption which have disgraced the federal administration and the republican party will, be replaced by a wise, Lonest and wconomieal manugement of public al shall restore the government to the paths ot nat fathers guided the ently days ot i results of the recont cloction Tild majority of opulur majorit therefore eas than.ten in the lectoral C ry not Resolved, That we cull npon the Representatives and Sen- ators of the people in Congress assombled to rise above wll merely partisan considerations and in tho spirit of patriot. ism to see to it that the will of the people is obeyed and that the cundidutes really elected aro inaugurated on the xb. That wo indignantly condemn the blind nship which, disregarding weil established pre. ts of more than fitty yours, seeks to take from thi f the people tie right to count the toral votos, and so muko tho Yresident of the Senate solo arbiter of the election; and we denounce such schemo 4s a conspiracy most dancerous to the peace of the country and to the liberties of the people. Kesolved, That we hereby denounce as revolutionary and an subversive of tree government the conduet of those men who have seized the ieadorship of the republican party and are attempting to usurp for the President of the 8 contrary to tho constitution the laws a1 tho uniform practice of th the power to make, by own will count of the electoral an. then te by. this usurped power’ fraudulent count of this vote. Thut, while recognising the honesty and patriotinm of the tases of tho republican party, we warn them and all good citi that this attempted fraudulent conspiracy on the part of these so-called leaders has already checked the beginnings of the revival of business so long hoped for; has increasod the deprosston so long prevalent in every branch of indus try, nade heavier &1 Inbor and threate: bring ruin apon Interests nf. every cl community ; 8 uf this conspiracy w the faith of the peopie in the olective sy: destroy their confidence in its results, and would bo uw crime against Tepublican government fatal to tree institutions and to the proiross ‘of liverty in this country and. throughout the world. Resolved, That we denounce the use made by the federal administration of the army of the United States in tho or- ganization of the Logisluture of the sister Stato of South Carolina as a flagrant violation of the const tution aud the aa an unjustilindle interfer aco with vernment and as an wxsumption of power on the part of the administration which culls for the emphatic rebuke of all the citizens of the Kepublic, irrespec- tive of varty. ‘Uhat we neraby sender our sympnthy to oni ren in South Carolina, and we heartily commend the wisdom and ‘patriutism of Governor Wado d the other leaders of the democratic party in exolved, That we congratulate tho people of the State of Now York that the policy in the ndwiniateation of their pul- lic affairs, which has reduced taxation, reformed existing Abuses and raised-the tone und character of thelr public officials is to be continued undor the auspices of the dvmo- ecatic party; that those wise and 1 ry measures of re- form instituted by a democratic G are to be carried on by his cemocratic successor, Lucius Rebinson solved, That we cougratulute the democracy of the city New York on the gallant fight they mude for ry won by their ‘& meusure to our suc- 2 forts, which contributed in the State aud nation. WERE THERE FRAUDS? INVESTIGATION OF THE LATE ELECTION BY THE CONGRESSIONAL COMMITTEE —NO SPECI- FIC CHARGES. ‘The Congrossionat committee of five which was ap- Pointed to investigate alleged election frauds in this vicinity resumed its Isbors yesterday morning in par- lor G of the St. Nicholas Hotel. Hon. 8. 8. Cox, chairman, called tho committee to order, and Samuel Mitchell was called and sworn as the first witness. He testified that bo has lived in East New York for seven- teen years; that he was atthe polls e ection day and saw wagon loads of persons from Brooklyn and other places driven into the town, whero they deposiicd their votes although not residonts; witness statod that a row of houses which had been vacant were, just before election day, filled up with tenants who voted in the town; dM not know whether they also voted in Brooklyn; was willing to swear that ho knew men who, although less than six months in tho country, had vaturalization papers and voted; there was uo regis. tration in the town. Witness had beard one of the inspectors say that any man who was good democrat and lived in the town could vote; witness had not attempted to challenge fraudulent voters at the last election, as be had fre. quently dono bolore and found it useloss. ‘Witness, in reply to different members of the com_ mittee, stated that seventy votes were cast by the inmatos of tho row of houses before roforred to, and that tho voters had moved away immediately after olection day; in re- sponse to Mr, Cox he admittod that he was a candidato for office at atimo when votes were offered for ifty cents each, J. N. Springer and Matthew Cooper, wore called for, but as they did not appear, Robort iil, of Brooklyn, was sworn, He wt loss, he said, to know why ho had been summoned by the committee, as ho knew bothing about illegal vowing or registration. Alderman Rowicy, of the Seventh ward of Brooklyn, was called, but did not respond, and Dudley 8. Gre; ory, of Jersey City, was sworn, and testified ingens) al though the registration was largely increased in that city, he would not like to swear that there was any- thing iltegal about it; the only thing he took exception to was the leading up of gangs of men, thirty or forty in number, from the sugar houses, aud tickets being given them and voted solid, without the voter looking at the vallot; he referred to Mr. Mat on, who em- ployed between 1,500 and 2,000 men. r, Mitchell was recalled and asked how he knew that the persons he charged with voting illegally wore non-residents, He answered that “he kuew, and that settled it,” James Springer testified that he has resided tn East New York six years; was present at tho polls on election day several times; when he went to cast bis vote saw three or four men who he knew aid not reside in the town; did not know their names; no one was chal- lenged in his presence. %. K. Pangborn, editor of the Jersey City Avening Journal, was the next witness. Nothing was elicited from hitn on direct examination, except that the voto was largely increased, and he noticed la pumbers of strangers at tho polls, presumably there forthe Purpose ot fraudulent voting. Mr, William Walsh, an officer in the First District Court, swore that no persons Were naturalized in that court between July 1 and November 2. Thomas Hose testitied that he was Clerk of tho Supreme Court; that during the time avove mentioned there were avout 4,100 persons naturalized, AFTERNOON SESSION. Cornelius H. Benson, a Journal reporter, estified that he was Secretary of the Hudson Count; ub. ean Goneral Committee and voted im th sembly district; on the first day of registration wit- ness found more names entered than in any previous year; the committee to which he belonged appointed o sub-com mitice to visit Chief Supervisor William Muir- head and the United States Marshal and asked then to appoint representative republicans to watch over the interests of the republivan candidate: a list of persons they wished apporn' visor appointed but a few of them an eo none; the commiites suggested to tho officinis 1 they should lave adopted the persons recom. mended and not rs oor si ected democrats, whereupon officers retoried that “they knew business and the committee might go to hell.” John Farrington, ot New L. 1., came to testify in contradiction of Mr. Miller’s statements about fraudalent voting in that town. William W,. Farrier, of Jersey City, voted inthe First Assembly district, where be had peddied tickets MOSBY JOINS SHELBY. The Ex-Confoderate Guerilla Chieftain Will Fight for Hayes. NORTHERN DEMOCRATS DENOUNCED, +—_——— No Hope of Peace for the South Under Tilden. a Wasutxoros, Dee 20, 1878 “If,"' said Colonel Joba % Mosby Of the Hema who called to get hie wiews of the crisis, “there shail be any Oghting a4 Ube renwit of ail « Political business, 1 shall be iownd OM the side of Gen- eral Grant and the administration, 1 bave read what Gencral Shelby said to one of the Mansi” correspond ute in St, Louis and | stand preetsely where he stands, He promises to raise a regiment in Miasowrl to sestaie General Grant if he shail iracgerate Govereor Hayes (that is if it shall be necersery to do se), and I wal undertake to do the vame thing to Virginia tm dees tham twenty-four hours’ Colonel Mosby was entirely waprepared tor ons to which the above answers were giver spoke with a reading Ware which certainly carried with thom the conviction of bu sineerity, ite was sitting in bis office at the time—« humble Mee and er office looking out upon Judiomry square and the Cay Halland the inart statue of A m Lincoln ta this city, The distinguished ex-Confederate practioes law in this city now, but be does not seem te have more business than be can attend to, Hon this because there are a ty ot people who believe that to Genoral Grant has brought fim forve fame, Such is not the fact, Mosby is & good taiker; not very fluent, perhaps, but what he says i generally Worthy of attention. His tntelligenoe is fur abowe the average of what may ve found in Coagrem, whieh ww not, alter all, mach of a compliment Verna. the © tion continued as follows: — “What, Colonel, do you think of the present situa. tion of affairs” r} “Well, there is a great dealof democratic biuster, but it is all nonsense.” “How many are there like yourself in Vir, would support General Grant in the event ot growing out of the inauguration of Mr. Hayes? “Thero is a large number 1m Virginia who would sup port Hayes. Ido not know anybody there who wants to Nght on the democratic sige, 1 think Hayes is fairly elected, and I could not, without stuitilying myself, retuse to support bim by tighting, Mf it is necessary to do so’? The conversation thon drifted into Mosby's attitade toward the administration during the last three or four years. “Ltrst met General sald be, “in 1872. He treated mo very kindly. always been a warm admirer of bis ever since the close of the war, and I thiuk the fight made on nim by the Southern white men has been the groat biauder of our seathera pole tics, Lhave had mavy conversations with bi ry 1 know that he was able aod willing to do more Southern people than uny man in the United States it the Southern politicians would have permitied him to have done it,” “What was your idea in your course toward the ade ministration 9”? “My idea was to build up a party in the South op- posed to the sectional disunion democracy, The South for tho last ten years vas suilored under many evils and grievances, und the cause of it ail bas been & ‘solid South,’ or, rather, the attempt to imako a solid South. I‘ think “that is the cause of all our misraie and misery, And for this reasou: It has driven the white men of the South into one political party in aihance with the Northern democracy, aud it has solidilied the negroos ‘on the other hand and given that element a promi. Bence in our politics Which it never would bave had otherwise. Again the solid South idea has ac. tuilly compelled tho negrocs in States and districts where they wore in a majority to take possession of the government; not only that, it bas compelled the ad. wninistration to be ou the side of the negro, and thue given color to the idea that General Grant was ab tempjing to elevate the negro over the white man, wherf he never hau any such parpose. Colonel Mosby then went ou to speak of the poltey of the Southern white leaders, “The governing idea of tho Southern politicians,’ dhe, “is revenge. They would not be willing to pt any bevellts irom the republican party, Toey have the idea that the democratic party, if it comes into power, will play the part of an avenging Nemesis that through it they will get indemnity for the past a well as vecurity for the (ucure."? “Suppose the democracy comes into power, what advantage will it be to tue South ?”? “L ao aot think it would be of apy advantage in the end, There would be a reaction in the South agains the North and in the North against the South, which would bring back ail the old troubles, and for the next five or six years we should be fighting over ull the old batiles, 1 think that auder Hayes, on the basis of an honest acceptance ot the results ‘ot the war, tha South woula get overytaing to which she is lairly entitled.” “You believe in driving the cirpot-baggers from power and giving the olllves to the white peuple 7” “Yes, put at the present time the demgcratic poly ticians are in favor o1 the curpet-baggers, The greate e General Grant can in their eyes comuinit ia e a Southern gentieman an ollie on 1 de privos tiem of all ground of compiaiut. Carpet-bag- y would have disappeared long ago from the Soutm er Grant but for the interference of the Soythera politicians, If a Southern man accepted office under him he was ostracized socially aud every other way, He became an outlaw in society, The Southern polk Hicians Lave been acting ever since the war exactly ag tho carpet-baggers would have them act and keeping up this war,”? “Then you, as a Southern man, have more hope under Hayes than under Tikten f”" “Certainty 1 have. Under Tilden 1 look for four years of coufusion, discord and strife, ”? 7 isos is the temper of the Southern people toward out”? “Very bitter and vindictive. As an evidenco of it here is an editorial from a democratic paper tn Cub pepper, the Observer, which was sent to me to-day :— ‘Tho Warrenton peoplo are down on radicals, Colonel John 3. Mosby has removed his family to Washington, his foolish and unwise course havi ds to give bim shoulder. 10 say that his family we beloved—an interesting lot of children, igno their father’s course. * * The War people aro notunkind, Ifa man js a repubiican con- sorentiously—-for instan Nortbern man who settles there and is disposed to go about his business quietly, and act the gentleman—he is courteoysiy and kindly treated. But tor these Southern radicals who bave always professed to be with their own peopie and then turn round and go with the radical party, such individuals are held in contempt and ignored almost entirely, Which 18 propor treatment, and is being done all over the South.’ Coionel Mosby laid deep empbasis on the italicized Words inthe above extract ‘The social ostracism of the South,” said he, ‘is the terrible weapon used against republicanism. You will not see it or feel if while making a flying trip through the country, but it exists, and even fow brave men can stand against it, To give you an iliustration:—About ten days ago a young man in Richmond, who was one of my officers, a brave, gallant fellow, asked me to get him a piace u the goverpment; that he was almost in distresa, 1 obtained a position for him in Richmond. He wrote back that he could not take it and live there, That the spirit of the Soutb., To sa; will make them on election day Matibowson, tue #1 jor, brought thirty men in a body to the poll, and handed each ticket, which was deposited without inspection. bow! in Virginia, but let them howl, JERSEY BULL-DOZERS. & DESPERATE ATTEMPT TO CAPTURE THR LEGISLATURE, The adjourned meeting of democratic Senators of New Jersey was held jn the Merchants’ Hotel, Cort Inndsatroet, yesterday. Seven Scnaiors were present Du their deliberations Joun \J. Murphy, of Trenton, one of the republican managers, made his appearance. At the samo time ex-Senator Wiley, Assemblyman Jobn Egan, Captain Gill, Judge Rankin, Judge Green, of Elizabeth; Alderman Sheridan and other promim Poll. ticians entered, Mr. Murphy came to wateh the Movements of the democrats, and he mcautiously re. vealed the future movements of the republicans Two ‘amnies have been arranged in this fashion, Jo! hor of tho “potent factor’ letter to ir. Powel oer, is called, Mr, Foster will ati Men swear on the ground that his seat is contested. Thig action will give the republicans a majority of one, and they will uecording!y control the organization ef the House, Tow [eee ar | on ere yd bavoa b= can majority In conseqaence, ai pret i ony event that Powers will be unseated, Niven fo lows a republican United States Senator, Tv democratic republicans — will we =6(in = the = event of the failure the first 1e) Mr. Bergon, democrat, of Somerset county, 4 i mest dotermined to obtain the position. This would and would give the clerkship to John ¥, Foster, who is confessedly the ablest republican: Wostona ek in this muddie, Mr. Murphy is anxious to the lion’s share of the State printing, heace carnesinese: tn the contest. The latest democratic slate for the organ! ot the House vel, of Camden op) for Speaker; Mr. Austin A. A e The other oflices are to be div