The New York Herald Newspaper, January 18, 1877, Page 3

POLITICAL. Louisiana Exercised About Statu Quo. AUGUR AND PACKARD. A Note of Explanation from the Fed- eral General. BALLOTING FOR UNITED STATES SENATORS, | LOUISIANA, GENERAL AUGUR'S REPLY TO PACEAND—HE CORRECTS SOME MISAPPREHENSIONS—A DI¥- FERENCE OF OPINION ABOUT “STATU Qvo,” . New Orieass, Jan, 17, 1877, The following is Genoral Augur’s reply to Governor Packard’s letter of last night:— Hrapquarrers Dvartwest or Tne Geir, New Onixays, Jan. 17, 1877. } Hon. 8. B, Packanp, State Hous Deax Sin—Your letter, duted the 16th inst., which 8 bad published in the ‘spapers and telegraphed forth before it was poxsibie for me to see it, 18 xeceived. Though ataressed to tac, I under- stand very well that it is not particularily intended tor me, and hut tor some errors affectii mo personally, I should not think it necessary to make any reply. Youstate that “orders had been issued eafly on this day (the 9th inst.) by the Hon. Secretary of War, directing that unauthorized armed bodies should de required to desist, &c. 1 (you) consid this order of the Secretary of War as virtually con manding a mamtenance of stafu yo; consequently tue State forces in charge of the different positions out. side of the Capitol were directed to make such resistance would compel a manifestation ot force and abreach of the peace on the part of their op- ponents, It wasmy understanding that neither side Should be permitced to intertere with the status of tho other side. In reply to this | would state that the time of day at which this order was issued is imma- torial, It was not received here until some time alter the surrender, without resistance, of the Supreme Court room, Arsenal and all of the police sta- tions, and ‘it is quite a new thing to me‘to hear that you ever considered that order as commanding a maintenance of the statu quo, Yourself, and tho ollice: command immediately under you, have repeatedly stated that it was your intention to seize uny favorable peparuniy to recover the court room, abd you have repeatedly sent your Sherif’ to demand that room, and have twice since that timo made written application to me for troops to assist in such recovery, This does not look as though it was your understanding that neither side should be permitted to interfere with the status of the other side, 1t was the fact that these throuts to recover lost ground, whenever a favorable opportunity prosented ttself, that has furnished an excuse for the Nicholls party to keep a Jorce in readiness to resist Any attempt to recovor, aud it was in view of this very condition of affairs that yesterday morning | directod two of my staff, ono to sce you and one to see General Nicbolis, to inquire, not request, if some agreement or understanding could not be eniered into by which s/atu quo couid be guaranteed until such time as the President should make his decision, Such Agreement would do away with the supposed necessity of keeping up a body of armed men on either side and diminish very greatly the chances of violence and bloodshed, 1 made no request in the matter; I had no right to make any request. 1t was simply a suggestion in the interest, as I thought, of peace, and vw givo a moment’s quict to the citizens of this ex- cited city. Neither Veneral Nicholls nor yourself thought it advisable to adopt it, and there tt ended, An error was also mide in the form of the memoran- dum left you by Major Rugseil last night, and, thongh of no particular moment, still 1 prefer to be reported correotly. in directing the staff officer last night to deliver to you and General Nicholis each a copy of the despatch of the 16th from the Sceretary of War ho ‘was told:~-*Say to cach that] hope they will give ase surances that the President’s wishes shall be re- spected.’? I made no request for such assurances, Very respectfully, your obedicat servant, CG. C. AUGUR, Brigadier General, Commanding. PROCKKDINGS IN THE LEGISLATURE. The republican Legisiature did not vallot for United States Senator to-day. nedy, who had gone over to the democrats, were ex- pelied. The democratic Legislature alloted for Senator ‘without choice, In the democratic Senate Mr. Kustis Introduced a resolution setting forth thatone Packard, falsely assuming to be Governor, has by means of scandalous and libellous publication, purporting to bo ® proclamation addressed to the General Assembly and lawful autvorittes and calculated to bring them Into contempt, &c. ; therefore, ve it resolved that the Committee on the Judiciary ¥e instructed to inquire whether said Packard by authorizing said scandalous and libellous publication has net committed a brewch of the privileges of this body, and what means, if an should be taken to punish said Vackard for said con: tempt and to maintam the dignity and authority of this body. So ordered, ‘The House bill in reference to the protection ot cule red people was passed unanimous:y. . THE LOUISIANA RETURNING BOARD. DEBATE IN THE HOUSE ON THE QUESTION OF COMPELLING WELLS AND THE OTHERS TO PRODUCE THE RETURNS—STRENUOUS OPPOSI- TION OF THE REPUBLICAN MEMBERS—NEW ADVOCATES OF STATE RIGHIS—THE ARREST OF THE MEMBERS OF THE BOARD ORDERED. Wasuixetox, Jan. 17, 1877, In the Houso to-day, the regular order being de- manded, the House proceeded to the consideration ot the resolution reported by tho Judiciary Committee yesterday with reference to tho arrest of the Louisiana Returning Board. SPEECH OF MR. O’RRIES. Mr. O'Briex, (dem.) of Md., said that the report and resolution before the Heuse received his entire ap- | proval, Tho louse, in conducting the investigation by its committees, had the power to compel Tho pro. duetion of the original papers showing tho returns and Tesults of the election for electors. ‘This was no de- parture from or tnvasion of the rights uf the State of Louistana, He was a defender of State rights within the limitations of the constitution, and the State had supreme control of the election for electors if the provisions of the constitution were dully complied with, and the certificate of the clectors was Dinding on Congress,and must be respected. This the prima facie case; but it could be inquired into and le by Congress if the limitation of the constitu tion and the powors of tho law had not been strictly zomplied with, If the clectors were ineligidie, had not cast their vote on the day required, or were elected by traud, there was no appointment under the terms of the constitution, 1t wasa principle of law that frand vVitiated everything, and the House, under its power to elect a President in acertain contingency, was bound to ascertain whether there had been an eicction tor President by the electors, and was therotore authorized to inquire into the validity of the yotos certifi themselves, In this view the House, under its power to inquire, had aright to inspect the original records of the elections, when, asin the caso of Louisiana, there was a universal sentiment thar fraud aud corrup. | tion bad been practised by the Returning Board, and demanded an investigation, He quoted authorities to Show that the records of the State Board could be core rected dy the District Board and these by the ballots | themselves, Tne object of the investigation was to de- termine the legality of tho acts of tho Returning Board and to vorify the returns made. Congress haa this power, and in this crisis, when the existence of the Kovernment ttself might depend upon tho true results of the Louisiana election, it must resolutely exercise it the tutiest extent, m ARGUMEMT OF MIC HOAR, Mr. Hoar, (rep) of Masi Simple question of the constitutional power of the House to require a Stato to give up its archives. He was Bruck with amazement that it should ever have fallen to his lot to defend the rights of an American Stave | against a democratic Houre of Representatiy Hie | Inid down this proposition, that whatever power the House had to compel thy ‘authorities of a state to de liver up the records of that State and bring them to the House to be kept according to its will, that same Authority the Legislature of a State had over United utes ollicials within its jurisdiction, | Mr, BLanp, (dem.) of Mo., axked if a committoc of Me House had not power to examine ballots in cases 91 contested elections for members of Congress, Mr. Hoan replied that the records which were now Fought fur were the records of local elections and fecurds which related to the existence of the govern. Gent of the State, Nobady doubted that there was gertuin ciass Of records to which the principle te iad lwd down did not apply, But the eteetlon of Presi- dential eluctors wore records essential to the proservie Hon of the government and sovereignty of the State | fixeli, and Congress had no right to lay bands on thei Ana Uring then vut of the territory of Ube State, Mr. linnevonn, (dem,) oF W. Vo, stated that the | House faa never ordered the papers to be tiken out ot | the Stite, The Returning Board had revused even Ww alow an mspection of them, Lhe right of the people jy inspect public papers never bad been doubted util ay. Why waa tt that at evory stage of this inv tigation the democratic party met with obstacies and objections from the repubLcans? it was beeause tor 4 past Governors could be uethroned aud no qu Tn the House Barrett and Ken- | | g | RuIke Were forever excluded [rom parwcipation in by the | electors and the right and eligibility of the electors | | addressed himself to the | House to answer for contempt, was adopted by a strict NEW YORK side; Legislatures had been disbanded, and yet no pro- tont came trom the other side. But now the voice of the people must and would be heard in deciding the great question, e SPRECH OP MO, BANKS, Mr, Baxxs, (rep.) of Mass,, said that the records de- manded were the recoras on which the existence of the State government anu ¢! tgp of the United States depended. He defied any gentlemab to tind in the history of the United States a single. ine stence in which such a demand was made, could justify the olficers of Louisiana if they bai given up their records into irresponsible hands, Mr. SovtHaxp, (dem) of Obio, said that in the Forty- second session the Committee on Elections in the Senate bad been ordered to inquire whether there was a State government in Louisiana, and in that investiga- tion the committee sum to Washingion tbe members of th Hogg and MeKnery returning bourds, and the records of both parties hud been pro- duced belore it, ‘ Mr, Banxa replied that in that case the cxistence of the government of Louisiana bad been at stake, That government had vot been established, and the ques- tion bad been whether one or the other of these gov- ernments should be established. It would be con- coded that on tbo records demanded would depend the election of President of the United States. If they were destroyed the original evidence of that eicotion would have been destroyed. 1! they were surrendered up they were surrendered—though he made no fin peachment on the cominittce—to absolutely rospon- sible parties, They might be accidentally iost or intentionally destroyed. if those records were Jost by accident or destroyed by design tee only evidence that exists on which the election of President 18 founded and the government ot the Uvited States established would be lost or de- wtroyed, and the manitestations of in’ it and dpplause—even that yell which had become historic and whieh was heard yesterday—showed to what ex- tent some men not connected with the House were wiiling to go in such a matter, What was the founda- | tion for this extruerdinary, unparaiieled and unprece- dented demand, which would take from the govern- ment the very evidence and foundation on which It authority and right to existence must be based t Mere public rumor, and whence did iteome? From the party interested in the destruction of the original evidence. The State of Louisiang, be declared, ought never to Yield those papers except to overwheliming’torce, and | the government of the United States ougnot never to sutler the State of Louisiana to be deprived of their | possession except by a power greater than the United | Statos. (Sensation) No public rumors, especially those corning froin interested parties, could be cen- sidered a su Mcicnt ground for such a demand, which Was without precedent in the history of the country, | SPRECH OF MR. NERD, Mr. Herp, dem.) of Obie, delended the regolution, and argued that the only question was whether the | i | House of Representatives haa the power to | entorce the production of papers called for by an investigating committee and sow in tho custody of the Lousiana Returping Board, and when the geutlemen 6n the other sido in- terposed tho objection that the States had rights Which Congress could not intertere with they siaiply bepged the whole question. The question was whether Congress bad the power to inquire, It it had, it neces- sarily followed that it had the right to call tor papers incident to the inquiry. Tho records called for wero | pubhe records, and must be produced for tne informa- | ton of the public, The members of the Louisiana le- | turning Bourd did not hold those papers as oilt- | cers, but as individuals, and as individents | (hey must respond to the writ und produce them besore any tribunal that had the power to order their production, He thought the allusion mado yesterday by his colleague (Mr. Garfield) to the | Pinquemines fraud in 1844, was a most unfortunate one. His colleague had said that the whig party of tbat day acquiesced in and submitted to that fraud, He wouid say now, however, that ‘that acqiesence in fraud and outrage Was not a pregedent that was to be followed by the democratic pariy or the people of the country at this day, (Applause on the democratic side.) Mr. Kxunry, (rep.) of Pa., argued that the question Was a legal and constitutional one; that Congress was uot omnipotent, aud that unless Congress could over. th ow the sovereignty of every State it could not ine vade the finding of tue Louisiana Returning Board. The attempt of the investigating committee at New~ Orleans was not to get at the tucts of the case, but to g0 Into the consultation room and determine whether the judges of that court of final resort arcived at the same conclusion which the papers would bring to that. committee. SPASMODICAL PIETY, Mr. Harnis, (dem) of Va., sustained the power of the House a8 claimed, and suid that when be hearathe gentieman trom Ohio (Mr. Garfeld) quoting yesterday | trom Mr. Pinckney, of South Carolina, in support of his new States rights doctrine be was reminded of Satan quoting Seripture, and also ot that couplet that When the devil was sick, when the devil got well, ‘The devil « monk was he. Mr. Kassoy, (rep.) of Lowa, said he bad listened in Vain to the debate to fiud whether any limitation was 10 ve laid down touching the power of the Houae over testimony to be given or papers to be produced by any State officers or State tribanals. No such limitation had been stated by any one, He regarded the proposi- tion as a usurpation ol power, Cangerous to tho future peace and wellure of the Republic, Mr. RwaGan, (dem.) of Texas, sata that he had heard no such complaimts as wore now beard trom the ro- puolican side of the House when the official papers from Louisiana wero brought before a Senate comms lee, or when tue question of the Oregon electors was inquired ipto by another Senate committee, SPERCH OF MR. COX, | Mr, Cox, (dem.) of N. Y., closea the debate. No one, he said, could deny that where a forgery was com- witted, the subpeona duces fecum could compel the pro- duction of the forged paper, and that was the whole question, ‘It was not proposed to carry away tho papers, but simply tomspect them. The offer was made | lo furnish copies, but the inculpated people on the charge ol forgery proposed to do the copyiug; that would not bold water, The gentlemen on the other side were in the position of choking down the truth, not that they woutd just now count one man in or auether man oul, but to stop inquiry as to the proper man to be counted ix, ‘That was the point in the case. They were anticipating the work of the 14th of February, The question was important, not as a question of law, Dut as tho focal question on which the possession of Pregidential office depended. Gentlemen on the republican side bad been proclaiming a newborn regara | for state rights, and yet they were upholding the power, not ol the State militia, not of the State Courts, but of the federal bayonet—not merely the old federal- jeralism with the swagger of the sword ot and the tnsoleuce of the military.- Addressing the republican side of the house he con- tinued :— You would pat ont State rights; wo stand for them, You bave already—vy your Gatling guns, by your | military power, by your pronupciamentos, ‘by vour | setzure uf tbe munitions of liberty in Louisiana, by delying the constitution, by shaking the hand of power (the gloved hand with iron ander tt) at the State | of Louisiana—murdered State rights, and you cannot even be allowed to preach the funeral oration, (Ap- Planse on the democratic side) When gentle. men on the other side talk of State rights t them go to Lousiana and sea a prostrate State with the power of the federation over it, the | very sugar plantations turned into swamps, crawling | serpents all over 1; no Jonger the proud old State of Louisiana, which Jeflerson bought, which the democ- racy waS proud of, but aState crawling in the dust, The geutieman irom Massachusetts (Mr. Hoar) | | quoted atable trom Mucaulay. 1 aesire to have one | read alse coming nearer to the point. | Mir, Cox sent to tho Clerk's desk und had read a pare sraph from Macaulay relating a story told by Artorto | OF a iniry Who Was condemned to appear at certam sSensons in the form of a tou poisonous snake, Those that injured her during the period ot her dis | the blessings which she bestowed; but to those who, in spite of her revolting aspect, protected her. she al. ways reveal Hi in the beautitnl and celestial | election ix HERALD, THURSDAY, JANUARY 18, 1877.-WITH SUPPLEMENT. Secretary Chandier contained in his alleged telegram to Chamberlain, Martin and Pack- ard were extensively curried out in this State, The result of a preliminary examination of the Managers’ returns bad shown that the vote for the candidates tor Comptroller General was very close, Dunn, the republican, kaving a majority over Hagood, democrat, of only two votes. This induced a moro care¢ul and scrutinizing examination of the returns, and suspicion became aroused by the detection ol two gross and palpable alterations of the figures, made with different ink on the returns from Simpson's Creek and Dogwood Neek, in Horry county, The vote of Dunn, republican, was changed from two to thirty- two at Simpson's Creek, the figure three having been placed beiore the two, making waciear gain of thirty Votes for Dunn over Hagood. At Dogwood Creek pre cinct the vote of Dunn was ten, aud it was ciumelly changed to thirty, again of twenty for Duon over Hagood. These two alteration: aring on the face of the returns made in the aggregate fifty votes dis- crepancy, struck with these Incts a trusiy messenger was despatched to Horry couuty to look inte the matter, who returned this morning with the duplicate returns remaining in the county and with the republican and democratic managers of the precinets above named, which completely ostab- Mashed the fect that the revurns bad been tampered with since they had left the hands of the county canvassers, The testimony of the managers was full, clear and conclusive as to the forged alterations, and the figures of the copies substantiated the offictal returns and destroyed the altered returns. Que very signiticunt feature which transpired was that the returus of Simpson's Creek, although seen and bundled at the examination on the 12th 1ust., could not be found this morning in the oflice of the Secretary of State, 1t Will also ve remembered that Dunn, the republican oficial in whose favor the a terations were made, was & member of the State Board of Canvassers, The result of to-day’s examination clearly establishes: frnud and forgery in the office of the Secretary of State, NO NERD VOR FEDERAL TROOPS, ‘The speciai colored constabulary force at the State House was ascertuimed to consist of tifty six constables, with the requisite acting constables, sergeants, hie constables and commissioned oillcers, the whole lorco being under the command of Colonel Lowe, cuief of the State constabulary, In view of the etlictency of Us force, and of the fact that there are two armed negro militia companies in this ety, the opinion is expressed that the company of United States soldiers kept in the State House is auperfluons and oaght to be withdrawn, itis further claimed that the troops uro kept there by Genoral Ruger, under a mixconstruction to perma. justin Chamberlain after he had been elected gurated by the Mackey House through the upport of ihe troops, DISPUTED OREGOD WILLIAM BEACH LAWRENCE ON THE ACTION OF GOVERNOR GROVER IN GRANTING CRONIN A CERTIFICATE OF KLECTION--LAW AND PREC- EDENTS CITED--SUSTAINING THE GOVERNOR, Mr. Wilhain Beach Lawrence, of Rhode Island, has written to Senator Kernan, of the Senate Cominittoe on Privileges and Elections, an interesting letter rola- tive to tho validity of Watts?’ election as Presidential cloctor of the State of Oregon. Below will be found a synopsis of the document:— Ocune Port, Newroxt, R, 1, Jan, 4, 1877. Drak Sxxaron Kennax—Having been at the head of the Rhode Island democratic electoral ticket at the time when 1t became known that one of the Oregon electors was disquatitied [ looked Into the subject, Suppoxing that the game question might ariso here, The canvass showed, however, that, excluding the votes tor Mr. Corliss, there had been no election, inas- ot his orders, whieh did not rejuire him nently much us three of us had the same num. ber of votes, a caso for which express provision is made by our State law. 1 note this, because in the Oregon law there 1s but Ohe Provision as to vacanuies which ate to be filled by the Electoral Coilege, which can scarcely apply to cases of failure.to oleot. I merely aliude to the fact that the electoral colleges are in no sense continuous bodies, but they are created de novo for each Presiden- tial election, The powers of the canvussers in the two States aro substantially the sume. In Rhode Island ‘he Goy- ernor, 1n the presence of the Secretary of State, shall examine aud count tho votos and notily the electors of their election ;? while in Oregon the votes aro. to bo canvassed vy the Secretary of State, in the presence of , the Governor, and “the Secretary ot State shall pro- pare two lists of the names ot the electors elected, Buch lists shall be signed by the Governor and Secro- * und the latter shail notify the electors elected at their inceting ‘on such first Wednesday in Decem- ber.’” 1 enclose tho opinion given by the judges of the Supreme Court of Rhode Island, under which the Gov. ernor and General Assembly acted on the recent occasion. . For the reasons already mentioned—tho equality of the votes between the three highest democratic candi- dates—the discussion -whether thy disqualification re- sulted in the election of the candidate next in vote or ina taiture to elect any ono was wholly irresevant, as confessedly under tie circumstances there. was’ no minority candidate chosen, ‘The opinion was not pub- lished till laid botore the Legislature, aud | was sur- priged to find this ratter matter passed upon by the Judges on the questions submitted to them by the Goy- ernor, who was well aware that, had there been any occasion for considering it, we should have asked to hhaye deen heard on i As it is, so far as the “opinion” touches on the right of the high- est minority candidate, it must be regardea in the nature of an abiter dictum, though 1 am not aware that, were it authority, 1t would have been untavorable on Croniu’s case. It admits the existence of the lish rule, and though I should contend that no nouce to the voters was necessary in case the aisqualitication ‘was the result of a constitutional prohibition ty elect, there was, in fact, this diference between the Oregon and Rnode Island cases, that while in the former the disqualiticauon was ’ from the very — charac. ter of the office notorious, the” ineligibile ity of & Centennial Commissioner, or — the circumstance of Mr. Corliss hulding such a place, could nave hardly excited public atiention, Whether or not a Centonnial Commissioner should have been excluded, there is no doubt that the republican candi date tn Oregon was juelgibie. ‘The joint Congressional commitice of 1873, aiter citing the second section ot the second article of the constitution, say:—“This provision of the constitution, it 18 believed, oxcludes und disqualifies deputy postmasters from the appoint- ment of electors; and tho diequalification revates to the time of the appointments, and that a resignation of the office of deputy postmaster, alter his appotntinent aselector, would not entitle him to vote as elector under the constitution.’? Nor does the term of office of postmaster expire merely by the proffer of a resig- haven. He conunues responsible ‘tll the expiration of bis commizsion, or untii a successor has been ape pointed and taken possession,”? (Revised Statutes, suction 3,536.) N It might be a material question if the disqualifica- tion of Watts, instead of elesting Cronin made the place vacant, and if tho two other eicetors were com- petent to fill au original vacancy, and whether Watts on the 6th of December was $0 discharged trom his connection with the postmasterhip as to be eligible, A similar inquiry night be made win re: to the Vermont postmaster, who, after a sham resignation, was appointed by his colleagues when the ctoral College convened. juve constitutional ena tert, the appointmen sons having no re or demerits, nt prohiviting, in express clectipn of a class of per. jou to their imdividaal merits and white the fact existing cannot | affected by the decision of any tribunal, it 18 inmate. rial whether or not the digqualifications are known (o the electors, It 98 sufficient that the apy aust pubhe policy, Th United States constitution that provision in the nator or Repre- sentative, or person holding an office of profit or trust | shall be appointed elector, and tiat which exists im several Stuto constitutions, thatno judge shall be | form whieb patural to per, secompanied their | steps, g pled vil thoir wishes, filled their houses with | | wealth, m them happy in love and vietorious in | war, Steh (according to Macaulay) 18 the spirit at ibe | | erty. At mes she takes the form of « hatetul reptile— | grovelling, hissing and stinging; but woe to those who | in her dixguise venture to crush her, while those who have dored to receive ner in ner degraded and fright. | | fal ferm are at let rewarded by ber in the time of her | beauty und ber glory. Mr. Cox continued | That table iusteates the condition of Loni | Many yeas ago, when Louisiana seceded trom the | Union, 1 re an rrview which IT had with | Heneral C subjeat before he left the Cabinet, He told n when he was a citizen of Opto, hving | at Marietta, and when. Louisiana belonged to spain, | and when at the port of deposit, as it was called, | our produce trom the North atong the great rivers could not reach the Gull or ocean, flathoats wero ith riflemen 6,000 strong to move down to Mississippi and carve a road and fight the Gull, because Louisiana belonged by the Olio a their way | the act it nature to the United States ot America, Joes she Lelong to us yet? and we ins (oa State there or on r ’ No, Mr. Speaker, but she i just as necessary now to the great North=to the whole country—as she ever was, and she had a potential voice in determimimng tor tna ple who #hall be our Cuiet utive. Letus not, Mr. Speaker, allow that voice to be throttled of | despised, and Jet as carry out the authority of Con. grees to eh hat the vorce of Louisiana | has bee tor he vote was then taken, and tho reso!ntion tor the | Arrest of the wnombers of the Lowsinna Returning Hoard, and their produciion before the bar of the party vote of 108 yeas to SL nays, SOUTH. - CAROLINA. AN ALLEGED FRAUD IN THE STATE ELECTION RETULNS—REMARKABLE EVIDENCE BEFORE | THE SUPREME COURT BPECIAL REFEREN-- THe UNITED STATES TROOPS NOT NEEDED AT T1L4 STATE HOUSE, ‘ [BY TELEGRAPH TO THE HERALD. } Conuunta, Jan, 17, 187%. Somo starting developments were made to-day be- fore United States Commissioner Wilkes, the spectal roforce appointed by*the Sapreme Courtto canvass and aggregate the vole cast at the election on the 7th of November last tor the State officials, in the case of Ry M. Suns vs, the State Board of Canvassors, “Che investigation disclosed the tact that the election Teturns in tho possession Of the Secretary of State had | v tampered with, and upon which the Board of | Svite Canvassers had declared the election, This was proved conclusively m two instanees, and the bo objection, bo protest came from the oer presumption now 16 that the instructions of | Jaw t# n statn elected to any other tian a judicial ollice, are of that : aliicutions by constitutional pro- ay be bound to take not they would be of the jundamental primeiples | of the government, Tt may be oiherwe when | the disqualiticaion arises from the ert or demerits of the individual, as where exier ng or giving abribe isa disqualificauion for office; and then the facts of conviction may ‘be required to be | to the voters, Whether an election of rs by the people {ullils the provisions of the fram- ersot the constitution, whieh requires them to be ap. pointed in such manucr as the Legistatare may dire iL may Now be two Late to inquire, i matter betore your commitice Oregon, £0 tion of the United Siates, must control, whether tat the written Jaw, law of the State, or the laws of | the common law of the Statc, What the ate law ot gon as has already been sho as well as the conformity with it of he proceed ings of the Governor and the Secretary State. In repudiating the veto for Watts, Governor over did the rame thing that Goveraor Rhode Island a8 to Corliss, ouly have done it b Pps did wn the jatter Governor could y virtue of tho power given bin “10 examine and count the vote,” and it i impossible to discover any authority whch he bad yeet the ballot cast tor ‘Corliss that Governor Grover did not possess e# to Watts, The votes for Watts being abso. lutely voul, Cronin had the Mighest nutaber o! votes, and was, consequently, under the provision of t constitution gon whieh requires that fn all ley the person or persons £ of votes sali be declared yinted wu clectur, ft tay, rked that it wax the more necessary that th erhor of Oregon sould act 1 Cis ease, as, In the ent of alaiure to elect, thore was no provision tor a new elect We ail know that the common Jaw of England, in Which we inclade parliamentary law, constitutes ever where in the United States, exept m the State Lousiana, the basis of our own juriepradence. Ty is true tot the common law has received modification in adapting it to the condition of thin, hie coun. {ry, out the changes haye not been the same in every Mate, and there is no Asnerican common law eoutra- distinginixhed from the English common law, As there Is no adjadication in the courts of Oregon decid: ing whether in case of an inehg pandidate the elec Hon i vor or whether the next in vote shall be de- clared ed, W Jaw und precedent rather than fons of the tribunals of other States, expecially i they do net Agree with one another, In the caves Which have come under the review of the courts, Where notice of the disability was actually given wo the voters, who trom the nature of the disabilities were hold to have known of Weer existence, the rule is thai, hovonly ato the votes not counted for the disqualified candidate, but the minority candidate is returned. Nor dof find a different doctrive avowed in the State Hana it bas been hold that the votm@cnst for a to in disqialitid mast be thrown out, Whetlieror not the voters vad Krowledge of the ds quaitication, On this oecasion it was said by the Judge, whut 1s very pertinent to the present case, that where the ineligibility of a candidate arises from bis tng. | In the view which I take of a pos- | tment or | as they do not contravene the constitu. | to English | holding or having held a public office the people within the jurisdiction of such oftice are held in law tu know, are chargeable with notice of such ineligibility, The Votes given for such a candidate are of no eflect and bis bigh ligible competitor is elected. ‘Che parliamentary cases are more apposite to the election under review than those which depend on Judicial decisions. Tho views of Judge Cushing, the recognized American authority onthe jaw of legis. Jative assembii re Felerred to and adopted in thi Indiana case already cued. In the debates in Con- gress a8 to'the effect of the election of a disqualified candidate on a minority competition, the cases of Mr. Gallatin and Mr. Bailey are trequently cited, The one occurred in the Senate, the other im the House, Though in neither of them was any such claim made to the seat by another person pretending to be elected, Mr, Gullatin’s case dates back xs far as 1793, Owing to the posi+ tion [ occupted toward bim many years alterward in the diplomatic service 1 becamo entirely familar with it, Arriving in this country fourteen years pro- viously to lis eloction and consequently during the Rovolution, and many years before the adoption of the Present constitution, dir, Gallatin had become identi: led with our country in every way known to the lawa ofthat day. He bad as early'ag 1780 acquired a legal domicile in the State of Massachusetts, the only way in which naturalization could then be offected there. ‘The articles ot the confederation, which were the ex- | isting constitution provi that “the free ip: avianis of the different States of the Union shall be entitled to ail privileges and iminu- nsties of free citizens im the several States,’ thus making the terms “inhabitants! and “citizens” syu- opymous Mr, Gallatin, having invested bis pair. mony in lands which were then supposed to be th Vir- | Htnla, but wero atterwurd decided to ve in Pennsyl- Vani, a8 & matter of abundant caution tn relerence to those lands, ho went through the form of naturaliza- tion according tothe laws of the State of Virginia, and nive yoars bad net elapsed trom the date of that act before be took bis seat in the Senate, which was the assumed ground of disqualification, Even dating from the period of that naturaliz tion he had been a citizen some five years betore the adoption of the constitution, That tho resirictions in that = mstrument were not intended to be retrospective may well be inferred from the fact that tor tne office af President no one who ; Waithen a citizen was qualified, No competitor pe- fitioned against bis return, por, as tar as | am aware, had he avy, for he was elected by a majority the ma rity. of whieh were his political opponents, The po- tition was made by federalis's who feared the force of Nis abilities, aud he was declared ineligible by a strict | party voto of Ld to 12, Mr, Bailey's caso arose several years later, Chief Clerk of the Suto Department, and Hotwithstanding the fact that he was at | Washington in the pubhe service, and no residence there could give him more political right than would be derived trom living in or about an arsenal of tho United States, he was decided to have jost his Mas: chusetts citizenship and to be disfranchised, so as not to be competent to be elected a Representative of that State, Tho case in the American Congress in 187: Abvott, who claimed a seat in the Senate, can bo ofered in favor of the validity of Cronin’s election, Mr, Abbott, who had a minority vote in both houses of tho Legislature of North Carolina, claimed tho seat in consequence of Mr, V his successtul opponent, being an wnparduned ’ rebel. 1 have already alluded to the tact that the disability in the cuse of an clector applied to the time that the appoint. ment was mado, and, if then yord, it could never be rendered valid, but the provision of tho Miteenth amendment was only directed against the tolding of an cflice, und admitted of the disability bein, before the time of eutering on its Mpetions bad ar rived, Again, there was a distinotion between an tndi- vidual throwing away his vote and that of a ropreson- tative (browing away that of his conatituents, More- over, there was a provision in reference to the two bonuses of the Legislature requiring for an election an allirmative vote of a majority of aquorum of cach, avd it was the usage of the Legislaturo of that State always to count blavks, The election of Mr, Abbott was also opposed to the principle of the act ot Congress regu- Jauing the election of Sonators. It is only necessary for me to call attention to the inferences to be deduced from Mr, Thurman’s argument, as be bimselt has ex- plained them tn his speeches during the present ses. sion in a much clearor way than 1 am capable of pre- senting them, NEW HAMPSHIRE DEMOCRATS. THE STATE CONVENTION YESTERDAY—DANIEL MARCY NOMINATED FOR GOVERNOR—RESOLU- TIONS AS TO THE ELECTORAL VOTE. Cc RD, Jan, 17, 1877, The Democratic State Convention met to-day and elected J, 3. H. Frink president and the usual vice presidents and secretaries, and appointed committecs. An effort was made by tho friends of Danicl Marcy to have him renominated for Governor by acclamation, but a ballot was insisted on and preceeded with. Daniel Marcy received 385 out of votes, and lis nomination was made unanimous, The resolutions of the Convention are substantially as follows:— 4 ‘The first reaffirms their devotion to the cardinal ideas ot tho perpetuity of the Union, the xapremuacy of the constitution and the equality of the States. ‘The second declares firm adherence to the doc- trines contained in the National Democratic platiorin, especiaily tho demand for reform, imdorsed at tho polls by amajority of 250,000. The third denounces the conspiracy organized at Washington by desjerate and unscrupulous among the leaders of the republicun party nwart, une clearly, exposed will of the people, through the action of illegully constitated and corruptly controlled returning boards ut the Suuth, as revolutionary and ‘reasonable in purpose and effect, inasmuch as it strikes atthe very !ife of tho elective franchise, which is tho basis and vital principlo of the covernmont. The fourth dovnounces the use of military by lresi- dent Grant in South Caroliha and Virginia, The ith is upon the representatives of both houses of Congress to unite in securing u poacefai solu tion of tho diiliculty in which the country is involved. Tho sixth counsels moderation, but claims tt as 0 paramount duty to defend tho’ constitution, oven to the lust resort, ‘The seventh calls upon all who believe in the elec. tion of Mr. Tilden to unite in demonding his toaagura- von. Tho eighth demands the reduction of the army. Next tollow several resolutio discussing exhau: ively the subjects of the appointment of electors, the | functions of returoing boards and the duty of Congress touching the count of thi toral vote, and conclud- ing—"Believing that Mr. Tilden recetved a majority of the whole number of electoral votes, wo pledge bin our hearty ana woqaalified support in the full exercise of his authority in contormity with the constituuon and laws of the land, PENNSYLVAN REPUBLICANS, DEBATE IN A OAUCUS OF THE LEGISLATURE ON PULTING THE MILITIA ON A WAR FOOTING — DECIDED TO AWAIT THE MARCH OF (EVENTS. Hararsnena, Jun, 17, 1876, A caucus of the republicar: nembers of tie 1 He of Mr, tslae | wure was held here this evening, The comimittes of three Scnutors and four Representatives, ins | cluding tho Speakers of the two houses, | who were appoinied last’ week = to cone | | elder the propriety of introducing a bill into the | Legislature to place the militia of the State upon a war footing, It was expected weuld make its report to- night. This pusittee, since Its appointment, held contorences with Governor Hartrantt ana tinallf de- cided that it at present, nor to make any | specitic appropriations for the purpose at this time, bat simply to await the couras of events and let the matter Fest anti tie Governor in his judgment should think it necessary to call on tho Legisiature by procla- tation or otherwise, In arriving at unis conelust the committee clatmed to have been acting in a wise nd temperate spirit. ‘(his was substautially the report made by the com- mittee to the caucus, That body, which mot at half. tseven I. M., appeared to consist of two elemenis— | one urging the necessity of an appropriation to placo the mula on a War footing as a mater of precant andthe other avvising a lemporang pohey as caleninted just now to quict te peopte, and obtain, if possible, a peaceful and | solution of the diMeulty. Finally, atter adebvaty which lasted for about two hours, the report of the committee was adopted; but it was additionally agreed that a committee, consi ing of four members of the House and two members of | the Senate, should be appointed, to whom the bill ng the appropriation for the reorganization of the miliua should be referred, and who should hold it subject Wo the course of events, tak.ng no action | thereon unless necessary, CONGRESSIONAL NOMINATION Dover, N. H., Jan, 17, 187 The republicaus of the First Congressional district to day nominated Gliman Marston for Congress on the first ballot, est Joxcond, N. HL, Jan, 17, 187 he Second Congressional Distriet Republican Con- voution tins nominated James I. sstiggs, of Manchos- | tor, for Congress, cna ONILED: STATES SHNATORSHIPS, MASSACHUSETTS. TWO BALLOTS TAKEN BUT NO CHOICE—TOAR AHEAD. Bostoy, Jan. 17, 1877, The fotlow)ng is the first ballot for Senator im the joint convention of the Legisiature t day :—Boutweil, 96; Hoar, Abbott, 60; Rico, 1 Bullock, 4; Seelye, 4; sanford, 1. | The second ballot resultey as follows:—Honr, 9: Boutwoll, 93; Abbott, 62; Rice, 17; Bullock, 4; Seelye, | 4, aud Sanford, 1, Whoio number of votes, 276; neces sary for a eholce, 139, Alter the second bullot the joint & #sion of the Legis. lature adjourned tll noon to-morrow, q ILLINOIS, SEVEN BALLOTS AND NO CHOICE-—LOGAN GAIN- ING STRENGIML Sprinarixty, Jaa, 17, 1877, The second ballot, in joint convention, tor Unued States Seuator to-dav rosulted ag follows:—Louan, 98: mea | United States | | Palmer, 88; Anderson, 7; Davis, 8; Lathrop, Parish and Washburn one each, The third ballot resulted the same, with tho exeep- tion shat Logan received ove less and Washburn one more. Fourth Baliot—Logan, 98; Palmer, 89; Anderson, 7; Davis, 7; Washburn, 1; Parrish, 1. * Fifth Ballot—Logan, 100; Palmor, 88; Anderson, 7; Dayis, 7; Parnieh, 1; Ha 1, ‘The’ seventh ballot for United States Senator was a Logan, 100; Davis, 6; Haines, 1, Par- NEBRASKA. NO CHOICE ON THE SECOND RALLOT, Omana, Janu, 17, 1876. A second ballot was taken for United states Senator to-day, and resulied as follows:—Hitehcock, 27; Savage, 2; Saunders, 19; Briggs, 12; Cronise, 125 Manderson, 4, and the rest scattering. Adjourned. TENNESSEE, THE LEGISLATURE DEMORALIZED—ON THE SIXTY-SIXTH BALWOT NO CHOICE—THE DEMO- CRATS UNABLE TO AGREE AT A CAUCUS LAST NIGHT. (BE TELEGRAPH TO THE HERALD. ] Nasmvinws, Jan, 17, i877. The Legislature exhibited a great deal of demoraliza- tion toward thg close of the session to-day, scattering votes promiscuously toward the close of the Senatoria session, The sixty-sixth ballot was reached without any choice—Kailey, 44; Bate, 34, Whitthorne’s name not being = introduced, His = friends state that he will be nom nated to morrow, Al the democratic caucns to-night speeches were mado on all sides, The Bato men were rather badly bucked, A resolution wus adopted that the roll be calied, und if Uifty-tive democratic members of the Legisiasure answer the caucus will at gace proceed to nominate a Senator, that being two-thirdsoi the whole number of members voting, to give effect to the nomination, and shall con- sider ourselves pledged to support the humiee ot tho caucus, Only forty-eight voted. The cancus meeting troke up amid great confusion, members Jeaving be- fore the adjournment, the contest begetting an intense focling, and a spirit of exasperation 18 generally mani- tested. THE DYING NTRE,” A ONCE FAMOUS FIGURE—COLONEL JOHN O'MAHONY'S REVOLUTIONARY RECORD, It was announced in yesterday's Heranv that Colonel John O'Mahony, one of the most prominent Irish rovolut‘onary (faders of the day, was lying at the point of death at his rositence, on Sixth avenue, He is still ative, but in so eriticala condition that his medical adviser gives but little hope for his lite. Although for the last tew years Colonel O' Ma bony and, intact, the Fenian Brothorhood have in a great degroe ceased to ocoupy the public attention, still the great prominence to which that organization once at tained must be Iresh in the memory of most people, and | cannot fail to crente some interest in the tate of the rewarkablo man who ruled it durmg its period of prosperity, When James Stephens founded the } secret Fenian or Phanix movement, as it was then called in ireland, # similar move- meut was created in America for the purpove of sending assistance to the revolutionists io Ireland, This took place about tho year 186l. At ibis tine the death, and magnilicont obsequies of J. 1B. McManus, ono of the leaders of the revolutionary attempt which | took placo in Ircinnd fn 1848, excited cousiderable patriotic ardor among tho Irish not only at home, but also in this country, O'Mahony and othors seized the opportunity to give their enterprise a fair start, The commencotnent of the civil war allorded great oppor. tunities tor organizing, O'Mahony assisted General | Corcoran in raising the legion which bore his namo, und when Corcoran took the tield, he accompanted tim to bis camp aud there succeeded’ in obtaining, among the Irish soldiers, many recrutts for Fenianism. In tact, throughout tho whole war, the Feuian organizers lound 4n the canips of the United States troops, an abundantly rich harvest of volunteers tor tho Irist cause, Up to this point the movement had been pushed rather ia secret, All had been done by private tulksand personal fluence, In 1862, however, the Fenian organization heid its first convention at Coioago, and the real | strength which 1 there exttbited, together with the | tery dsclaration of principles published by the con+ vention, kindled all tue enthusiasm of the Irish resid- ing in thiseountry, Meu aud money flowed im ina constant streaw ; inilitary companies were raisod; bulls AUU pichies Were given, and iil Went on swimmingly. | The arrest of tho lenders of ‘he movemeutin trelandia | 1865 only xavo Iresh inpetus to the brotherhood here, | n O'Mahoney had been contitmed in the leader- | ship by the Chicago Convention, the Moifat Mauston, on East Seventeenth street, was hired ty serve him as wn executive headquarters, and Feianism swittly reached its highest tidemark. The surroundings of “President” O'Maboney were brilhant, and the cause he represented never bid a more bopelal outivvk, Bat | Achunge came. Dissension sprang up in ihe Fenwa ranks, and tn 1866, alter a convention held im New | York, a large section of the *Brotherbood,” ander Colonel Witam 1 Roberts, separated trom’ Colonel | U'Mahoay and founded that party which was aiter- ward identitied with adrian rad. ALL was now chavs, the money melio. away, and in 1868 Jolin O'Mahouy, disgusted With iho Fuutans, resigned his head contreship and retired into private fife unit 13 when be again consented do assume the leadersnip o the skeleton of the table Fenian voy leadership he bas since {to hold, During the war of the rebellion U'Mabony did good service to the | feteral cause. Besides being, in 1963, chiefly instru- montal im the organization of that brilliant corps, “Corcoran’s Legion,” hi in the @iowing year earned his culonel'« jon by rang a regiment of inte His tee to interary «istine- ton rests on his contribations to the Phaniz, the rush Prople wud the Irish Citizen—Lrieh pational journals published in this city at gifterent times—and on lis lation of Keating's “History of Ireland,” which bim to be a must accomplished Celtic scholar, DYING IN POVERTY, When 1 was discovered that the funds of the associa. tion had melted away any amount of aouse was heaped on O'Mahony. “Ile was by many charged with direet migappropriaiion of the mouey ; but he bas lived tu disprove tue Uruth of Uns, tor singe his resignalio in 1888, he has been in’ very straitened eircur | stances, and the surroundings of bis dying bed cannot fail to clear the memory ov this remarkable im whatever tus faults, certaimly sacriticed his whole lite And prospects tu tue service of his couutry, | she | movewe n who, | 8 GILL FERRY COUNT THEM? A Mass Meeting Protest from New York City. THE BELIEF IN TILDEN'S ELECTION, What Prominent Democrats Say About the Matter. During the past four or five days a committee of gen- tlemen, well known In political circles, have be making preparations for a mass meeting to be held for the purpose of protesting against the opening and counting of the electoral votes by the President of the Senate and of allowing those who so gesire to give free and open expression in public to their boliet to the electionof Mr. Tilden, The gentlemen of the committce kept their movements secret up to yester- day for reasons of their own, ‘To ascertain the fecling of democrats concerning the demonstration a Heratp reporter callod yesterday upon several representative men of the party in this city, As will be seen trom the interviews published below, {t 1s tho intention of the gentlemen who have charge of the arrangements to procure the signatares of republicans as well as democrats to the call which it 1% proposed to insu thereby making the meeting non-partisan ia its chars acter, ‘ MAYOR ELY DEPRECATES THE MOVEMENT, Mayor Ely, when questioned on the subject, sald he had beard of the contemplated movemont, in fact, had recently veow urged to assist in the getting op of such ameeting, He had declined to comply with the re- quest, however, Rerorte:—On what grounds did you refuse to pare ticipate? Mayor E.y—Such an action would be the samo as asserting (nat the action of Congress is ijilegal and un- Just, and that 1 am not prepared todo, I do not see as yet thatthe action of Congress iu the matter can becondemued. On the contrary, the recent actions of tho Senate seem to me to be conctliatory and fair, and lave the appearanco of a desire to allow the existing issues to be determined by law, Revorrer—Woald you take part in such a meeting if it were arranged? iux—I certainly should not without further argument on the subject, I do not think that anybody has tho right to prejudge the actions of Congress, I have no doubt that a meeting of the kind would tend to exasperate and inflame the minds of the poople, and that isaresult which should be avoided in times of uncertainty, 1118 my opinion that if such a meeting were held it would be a very large and demonstrative one, JORN KKLLY RUPPORTS THR IDKA, Comptroller John Kelly was found at his office tn the Court House, When the mass meeting question was droached ho said he was a strong advocate of the idea, He thought not only th: h a meeting should be held, but that it should nu held some time ago, “Do you think, Mr. Kelly, that such a demoustra- would have any effect on'the action of Congress ?” certainly do, ‘The invitation will be extended, ag rstand it, to citizens irrespective of party. 1 think all similar assemblies, when they discuss the questions betore them considerately and sensibly and arrive at some detinite conclusion, bave a powertul effect. You will sev one of the most exormous meet rheid in tho city when ths one takes placé, Lean judge trom the sentiments | have heard ex- the enthusinsin will be very great,” ou read the remarks of Senators Bayard 1 on the ass mectings which Lave been held in come of the tera States ?”? st have not; but, ty ate the movement, T thin ure Wrow some decided actos id be taken in Uy ises, it wilt not do, in this world, to he down, and let people walk over you, You must be up and doimy, aud, it your cause 18 a just one, you sbould win, A Just cause is frequeutiy lost ~ through inaction,’ When asked if he know anything ceecerning tho concentration of democratic. solliors the Sth of March to force Mr, Tilden’s inauguration if necessary, Mr, Kelly said that he beheved all such Timers to be ridiculous; that there were vo fears whatever ofa rioten the occasion in question, The Comptrotler said he knew of many republicans who fd assist at the demonstration, F Cou yNS KL. Corporation Counsel Whiuney WIITNEY RAYS. aid thet he Knew thy twas on loot, and tuat preintainary tlk res it ha been had by the gentlemen iu charge, d Say nothing delinite about it, however, aa an had taken no shape as Yok, gardit I think) meetiigs of the — kind generally fond to crysiulize matters, and thus have a qh ficial eect. “When men who can enlighten the pablic,” said Mr Whitney, ‘say, Lyman Trumbuil, address aa audi produce a result which must be - say Any nore about the allwir, because, as I said bor fore, thore 18 nothing detinite known aboat at"? WoKIYY OF PACK Algernon & Sultivau, Public Administrator, bee , {rom rumors he hed heard, that there was an evtion to hold amass meeting fur the expression of | pubhie opimon on the pending the more prevalent ive | tho me At might | inteny Inconsilerate men whose action would | be very susceptible to miscoustruction, Mr. Suilivan | did not beheve there Would be any democrats one arma in Washington on the 5th ot March, — He sidered the invorving Uh it Was worth. {fo important action, bat he belle also that it Was so momenious as tu bo worth keemng the peace, He would aeprecate any such movement, und beheved it Would not ta | UNCLE DICK’s REMARKS. Mr. Richart i been informed of the con- templated action, but Would assist a no such meeting, | because be thought that the people wanted peuce and snd it would be better to allow Wem (oO enjoy tk 1d he had notinterested himself tn politics since ection. MR T. 0. CAMPRELL'S ViRWS, LITERARY CHAT, It appears that Martin Farquanar Tuppag, like a good father, instead of keeping all his literarygt ts to hime sell, has given them freely to his daughters, Ove of them, now in England, 18 a graceful writer of young folks’ Storice and an industrious translater from the | Swedish, The other daughter has the gilt ot verse, aud is pronounced by some to be an undoubted genius, A tarry stoty from the pen of one of these young ladies | i# oon to appear in St Vieholas, ruary Gaary, Mis called hrope,’?) Rather a tongue-twister that, Habberton is at it agam, and G. Y. Patnarm’s Irom bis pen, caliod “fhe Scripture Clib of Valley Rest.” tis ea. | urely diferent trom either “Leieu’s Babies” or the | “Barton Experiment.’ j 4 2 Lappinvott have im press a volume | “Worthy Women of Our First Century,” by Mrs, Owen | J. Wister and Mies Agnes Irwin, The list will not be | complete without the names of the authors of the book | appear init, The author of “Coming Thro’ the Ry new serial in Appletonts Journal tor February ealled oCherry Ripe.” This author seems to select the litle | of ber books for tuerr striking qualities rather inan for their sense, Her worst tie is, “As He Comes Uy | the Stair!’ | sss Emma Lazarus, of this city, has a poem eniled “The Christmas Tree’ in the February Lippincott, Fanny Hodgson Baruett contributes ome of her sireng stories to the February Harper, BOOK “Miss Mr. | Sous now have in press a new bow called * begins SALE. Tho sale of the Hbrary collected by the tate Carlton | Gates was commenced gt the Messrs, Leavitt's sales. | rooms inst evening. The attendance was large and | the bidding very ¢ There were no oxtravagunt prices pald, but the books fetched all they were worth, There we me 300 lors di dof, whieh continue | the sale unui iave in the evenimy. A rather antortue | mate citeuinstanee was the dearth of cataiogues; there were hte go around and many parch were thereby disappointed, A Thomas a Ker sold lor $60, tWo Volumes, and aten ¥ dition of tor $24. The sale will be continued CANADIAN COMMERCIAL FAILURE, Dun, Barlow & Co.’s Mercantile Agency has issued an interesting report showing that the total of com- mercial fatlures in Canada during 1876 was 1,728, bein | 240 lons than in the preceding year, with total Linbilie | ties for 1876 amounting to $25,513,991, a8 agamet $28, $43,967 In the preceding year. These fatiures are still exceptionally large, both in namber aud amount, beng im 18760 one failure to every thirty-two inercantle firms, As against one im ‘every sixty. om the United stuten during (he sane period. Th report atiributes tie depressed condition in Canada chielly to overtrading, and shows that, after three years of depression, there Is a grouter Auinber of persons in business there, in proportion to the trade to be done, than in any other country whose statistics aro available, Tho remedy suggosted 18 ® po number of traders aud higher siandard of ered A new serial by the protic Justin McCarthy is com. | Mr. Thomas Cooper Campbvet! hau been commani- catedwith on the subject, but had recently been toe busyo give any attention to it, He tuought such s meeting would bave beea advisable two months ago, and suggested it, He could pot say that he now had any opinion that snch a mecting Would be advisable, though it would be very large and demonstrative he had po doubt iit took place atall, Lt would probably not be called by democrats, but by independent citizens. He had heard of several prominent repute hieans who would participate in such ap aflair iC it took place. If the inceting were heid under such aus spices Mr. Campbell thought tt would probably bave a great efcet on Congress. He would be very glad to favor such a movement. or almost any other that would eip to mangurate Mr, Tilden, as he beheved the dem- Hue candiiate to have bebn fairly elected, Me, Curnpbell believed that Tildeu would be peacetully in- | rated, MN, OTTENDORYER'S OPINION, - Mr. Oswald Ottendorter stated that bo would take part in the meeting provided its arrangements suited liv ideas, As be understood it the parpoe of the ihermg would bo to protest ag permitting the President the senate to open and couat the votes jo the 1 of a protest from» either house or member of cither vouse, Tt the joint committees: ngress appointed to examine into tho matter of onc the votes should come to any agreement before the time selected jor the inveting, the demoustration we be superfluous, Uf, however, sach an agreement were not arrived at the meeting would, in Me Otten. dorter’s opinion, have Lavorable effect, : THY COMMITTER’S ACTION, | .. The sub-committee and several leading members of | the National Democratte Committeo met at the Ever. cti House last evening, ‘They camo together to re- ive the report of the commit appointed to ad. sto the expediency of holding the mass meeting, Comptroiler Kelly was not present, bat Mr, August ont, ex Mayor Wickham. Corporation Gouseet Mr. dames 8, Syne Alderman Cole and ivally prominent in the democratic party, rly on hand and took part im the gelibere. Ex-Mayor Wickham presided and A Cole actod as secretary, * It was the sense of the committee that the proposed tions, | | m | | eting Should take place at an early day, and there is no doubt that i will be hela at the close of the present month or carly in Febr The call hae been written aud was fead, bat several amendments | ng decided upon, i wil not be pubes lisved jor a day oF two, The National Democratic Committee witl have charge of al! the | rangements, and WW i their purpose to colist the services of prominent mem, irrespective | of party, that the consideration of the | duty of Congress of solving the — electoral question and looking towatd a proper, legal ai menable Pagers oa the reswlt of the clection, really in the doubutul States, may be fully’ nkly considered. The committee adjourned to meat agair on Saturday evetiing next, : THE CHARTER COMMISSION, The commission appotuted to dovise legisiation foe the better governmont of alt cities throughout tht | State and which bas been holding meotings at inter: vais for several months past in the rooms of the Lx Association, held another session yesterday, Mr, Will Chairman ot the Commission, Was pres it, aad When the meeting was opened the doors were, jason all the previous occasions, carefully closed | agains intruders, It was given out by some o the members «fr adjournment that considor able progress was mage with the prrcee new charter and that another mecting will be held nex: woek at which the finished draft of the bill will be road for yeneral approval. All the membors of the commission lirmly rviuse to make any statomont as what changes their report will recommend, claims that it would be improper to give thelr suggestions the pubite 1 tuey shall have beeu prescuted ve th Laxiciovare, § Pp tr