The New York Herald Newspaper, February 1, 1877, Page 7

” THE HLECTORAL QUESTION Justice Joseph P. Bradley Selected as the Fifth Judge. SKETCH OF THE APPOINTEE. His Political Antecedents and’ Per- sonal Characteristics, A MAN WELL LEARNED IN THE LAW The Opening Labors of the Grand Commission. Arrangements. for the Admission of the Public to the House. Leppert etelatiate Wasuixcrox, Jan, 31, 1877 As foreshadowed yosterday, the selection ot Justice Bradley to bo the fifth member of the judictal branch bf the tripartite Electoral Commission was made very promptly and with entire unanimity goon ufler the four dustices assembled this morning. SERSIONS OF THE COMMISSION, The Electoral Commission, at their adjourned ges- sion discussed tho subject of rules in regard to the hearing of argument, &c, and adopted the main features of those which govern proceedings before the Bupreme Court, SESSIONS FOR ARGUMENT, Their sessions for hearing arguments will be held in Public iu the Supreme Court room. The duration of oral arguments is limited to two hours for each side on abjections and to four hours on each sido on the main points at issue in each case. The limitation as to the number of counsel who will be recognized as conduct- dng @ case is two for each side. All these limitations may, bowever, be enlarged in tho discretion of the Commission, whenover a majority deem the point m controversy of sufiicient importance to warrant more extended argument, Tho rules are comparatively brief, and after being revised in print will be made public in all their details to-morrow. PROCEEDINGS OF CONGRESS, Wasuixctoy, Jan, 31, 1877. Tho President pro tem. laid before the Senate the fol- lowing communication from certain Associate Justices of the Supreme Court of the United States:— To THe PR¥SIDENT FRO TEM. OF THE SENATE OF THE UNiteD STAKES: — Vursuuntto the provisions of the second section of the act of Congress entitled “An act to provide for and regu. th ting of votes for Pr and Vico President hereon for the term approved Jan. uary 29, 1877, the undersigned Associate Justices of the Supreme Court of the United States assigned to the Firat, Third, Eighth and Ninth ciroutts respectively, have Y this day selected the Hon, Joseph I’, Bradley, the Associate Justice o! tie supreme Court ussi; Kitch Circuit to be a member of tho commission constituted by anid act. Kospectiully submitted, NATHAN CLIFFORD, AMUEL F. MILLER, TEV KN J. FIELD, W. STRONG, Associate Justices of tho Supreme Court of the United States, assigued respectively to the First, Third, Eighth and Ninth circuits, Wasutxcton, Jan 30, 1877. mae was ordered that the communication be placed on je, ADMISSION OF THE PUBLIC. Mr. MeRnimoy, (dem.) of N. C., from the Committee on Rules, to whom was referred the resolution of yes- rday, to what measuro, if any, 18 necessary to govern admissioa to the Capitol during the counting of the vote for President and Vice President, said the comaitiee made a partial repert yesterd: ‘This morning the Senate Committce on’ Rules bad again conterred with the similar committee of the House of Kepresentatives, and he was authorized to report a concurrent resolution providing that during the count- ing of the votes for l’resident and Vice President, no person besides those who now have the privilege of the floor of the House of Representatives, shall be ad- uitted to that portion of the Capitol set apart for the use of the House of Representatives and 118 officers, except upon tickets issued by tho President of the Bevato aud Speaker of the House of Representatives; buch tickets to be distributed under the direction of the Committee on Rules, Mr. Hamuix, (rep.) of Me., moved to amend the latter Part of the resulution so as'to pi shall be distributed equally to nd Rep- rerentative by the Sergeants-at-Arms of the Senate and House of Representatives, instead of under the direc- tion of the Committee on Rules. Mr. Menninon ‘sald the committee had come to the conclusion that the galleries of the House would ac- commodate only about 1,200 persons, and it had been thought best to keep the issue of tickets within the control of the Committee on Rules; that the issue might be stopped when the galleries became filica. Tr. SAULSBURY, (dem.) of Del., said be was not in faver ot this resolution. Gentlemen would be to-morrow who had never seen the Cupitol before, and it would not be right to keep them out. In this quea- tion of counting the votes the whole people of the country were represented, and he was in favor of allowing every person in the galleries who could et In. f The amendment of Mr. Hamliu was agreed to. ‘Mr. SuknmaN moved to awend the resolution by striking out the words, “that portion of the Capitol t apart for the use of the House of Representatives and its officers,’’ avd insert in leu thereot the south ‘wing of the Capitol extensiou,’’ so that no person shall be adimitted to ¢he south wing of the Capitol extension except upon tickets issued, &c. Agreed to, and the fesolution as amended was agreed to. Later in the day Mr. Merrimon, of North Carolina, raid that upon scrutinizing tho resolution adopted this morning in regard to issuing tickets for admission to the Capitol to-morrow he found that it did not answer the purpose. Upon his motion the vote by which the resolution was agreed to was then reconsidered, and he submitted an amendn.ent to strike out the latter por- tion of the resolution in regard to the distribution of tickets equally to each Senator and Representative, and insert in lieu thereof a provision’ that the tickets, as assigned by the Committees on Rules of the Senate aud House of Representatives, shall be issued to Sen- ators, Representatives and others and distributed by the Sergeants-at-Arms of the Senate and House of Representatives. He said the object of the amond- ment was to issue tickets tothe families of Supreme Court Judges, members of the Cabinet and other off}- cials. Tho amendmont was agrecd to and the resolu- tivn passed. HOUSE OF REPRESENTATIVES, Wasuincroy, Jan, 31, 187% The Sreaxer laid before the House a communication from the four Associate Justices designated by the Electoral bili as members of tho judiciary branch of the commission, announcing that they had selected Justice Joseph P, Bradley as the f(th member of the -fodicial branch of the commission. ‘The communica. tion 14 gned by Justices Clifford, Miller, Field and The Senate resolution for the appointment of 100 men to serve as a special police at the Capitol during the counting of the electoral vote was taken from the Speaker's table and agreed to. Cox (dem.) of N. Y., from the Committee on Rules, reported tho following resolution :- for Presi- 0 who now except upon ed by the President of the Senate and the louse, nail the tickets to be issued under under the direetion of Comudtiee on ules of the two houses, Mr. Cox explained that every member would be fur- nished each aay with three tickets to the gallery of the House, to bo distributed as he might see fit, The fesolution wus then adopted. Mr. Hunroy, (dem.) of Va., offered a resolution per- mitting the members of the commissior to sitas mem- bers of said commission during the sessions of the House, Adopted. The Senato amendments to the joint resolution in regard to admission to the House and galleries daring the counting of the electoral votes were concurred in. THE FIFTH ARBIJER—JUSTICE JOSEPH P, BRADLEY, Judge Joseph P. Bradley is one cf the two mem- bers of the Commission who never hold a political office, Jastice Miller being the oth In his day Judge Cliflord was thoroughly identified with politic and was Attorney General of the United States during Presigent Potk’s administration. judge Strong was twice a member of Congress, and Judge Field was in the first Legislature of California, The nearest ap- proach which Judge Bradiey ever made toward a po- litical position was (iat of Presi/ential ciector in 1868, although ho was onco nominated tor Congress and beaten, His whole life has beon devoted to his profession or to study, and though comparatively little known he is recognized as one of tho most able and eminent mombers of the Supreme Court Beneb. KARLY LIPB AND STUDIES, Judge Bradley was born at Berne, in Albany county, vais State, March 14, 1815. At the age of sixteen he taught school, and so prepared himsel! for college ina double senso, acquiring the knowledge necessary to enter apon his collegiato course and the means which would enable Lim to pursue it, Subsequently he entered Rutgers College at New Brunswick, from which he was graduated with honors in 1846. Whilo at college he was particularly distinguishea for his proficiency in mathematics, and for many years atterward he pur- sued this branch of study with an ardor that was almost a passion, In this respect be is an ‘anomaly, but this fact is the key to a character as admirable as it is remarkable. Though busy with other pursuits and required to pursue other studies he carried his mathematical investigations to such an extent that bis knowledge of the bigher mathematics is pronouncea extraordinary. When it is remombered that these studies were rather for amusement than on account of their practical value, and tbat mathematics was only one of the special branches of study to which he devoted him- sel!, bis acquirements in this direction became all the more remarkable. 48 A LAWYER. After leaving college Mr, Bradiey taught an academy at Millstone for some time and then pursued the study of the law at Newark, where he was admitted to the Bar in 1839, and where he subsequently married the youngest daughter of tho tate Chief Justice Horn- blower, He immediately entered upon the practice of his profession and with remarkable success, During te last thirty years there nas not often been a case of any importance in the State in which he was not engaged on one side or the other, frequently in opposition to one or other of his old classmates at college, Senator Frelinghuysen ana Courtland Parker, His name ts associated with all the great cases argued in the Now Jersoy courts, and bis ability was acknowledged to be commensurate with his reputation, While the two giant monopolies--the Camden and Amboy Railroad and the Delaware and Raritan Canal—controlled the State, dictating its policy and its politics, Mr. Bradloy was their leading counsel- lor, and some of his greatest efforts at the Bar were in the trial of causes involving the interests of these cor- porations, Not sceking polit cal office and finding in bis profession a fleld equal to his ambitiou, he con- tinned the practice uptil his elevation to the Bench, and no man in the State, or indeed in the country, stood higher as a lawyer, “He has gone most deeply into the foundations and principles of the law,’? said an eminent member of the New York Bar who has known Judge Bradley well, “and | know no one who js his equal eitber in Icarning or in the abilrty to apply his erudition.” This opinion scems to be general among the lawyers who know him in private life or who have been asso- ciated with bim in the trial of causes. BLACK LETTER LEARNING. It may well be tmagined that a lawyer with such a strong taste for mathematics shat be would pursue such difficult labor us their study for amusement, amd the exacting duties of a large practice at the Bar, would find time also for other studies to which few law ers devote themselves. His literary as well as bis legal studies embrace tho widest range, Biackstone and Chitty and Kent, the common law pleading and practice, are usually as far as lawyers go 1n the investigation of the principles of the law, and most of them hold that to go turther or to lighten tho deepest study by an acquaintance with polite litera- ture would be an injury rather than a benefit. Judge Bradley was never a believer in this parrow policy, and be has pursued the study of law asa science, ox- tending his researches to tho civil law, and exploring the whole fleld of black letter learning through the Middle und Lower ages, These studies extended to literature as well as to law, and it 1s claimed for him that ho ts the best read lawyer in tho country in medieval history, literaturo and law. His studi have in no way detracted from his great power as a Jawyer. In spite of an abundance of what most men would regard as useless iuformation he never showed tho lack of common sense which so often manifests it- solf with great erudition, and in practical knowledge upon all subjects he is without a superior, PERSONAL AND POLITICAL CHARACTERISTICS, In regard to his personal and political characteristics Judge Bradiey 1s generally considered as worthy of tho highest respect. He 1s what 1s called a ‘cold man,” as Profound students tobe, If not lacking in per- sonal magnetism he at Jeast wants the fire which en- ables impuisive people to draw the crowd after them. He talks with deliberation, almost with a drawl, and convinces oy the force of his arguments rather than captures by the brilliancy of his rhetoric, It 1s not easy for such a@ man to bea partisan, and those who know him best claim for Judge Bradley entire ireedom from partisanship. In early life ho was a whig, and without being an anti-slavery map be subsequently be- came a moderate republican. He never took a very active interest in politics, but during the rebellion he es- poused the national cause warmly, and this led to his accepting the only public trust he ever exercised in his life, that of Presidential elector in 1868. His mind is eminently judicial, This is conceded to him alike by political friend and foe, and it isnot believed that upon any occasion would he forego his judicial fairness to serve any mero party or political end. He is a good conversationalist and a most agreeablo companion. His personal integrity is unspotted, and no wrong has ever been imputed to him except in blind partisanship, ON THE SUPREME BENCH, 1t is net surprising that a man of such acquirements and such characteristics should have been appointed to the Supreme Bench by President Grant, In look- ing for his judges Grant never went among the politi- cians, A story ts told to the effect that some nameless somebody wrote to the President that Joseph P. Brad- ley, of Newark, was a proper person to be made one of the Judges of the Supreme Court. It may be assumed, aga matter of course, that Grant had never heard of Bradley before, or had only read his name among the New Jersey electors four years previously, but, at any rate, the story goes that the President was e: tremely grateful for this information. Inquiry tollowed, and the information which was thus obtained proving satisfactory the suggestion was acted upon and Brud- ley was given the vacant place inthe Supreme Court. He was appointed March 21, 1870, and assigned to the Louisiana and Texas circuit. Some of his decisions have attracted much attention, notably those tn the Texas slaughter house cases ond that in the Grant parish trials in Louisiana. The Grant parish cases, it will be remembered, were indictments charging cer- tain persons with murder and a conspiracy to take away tbo rights of American citizens of African descent under the thirteenth amendment Judge Bradley declared the indictment invalid upon grounds broad enough to satisfy even the enemies of the recent amendments to the constitution. He is now called upon by four of bis brethren upon the Supreme Bench to perform the most delicate fuactions ever committed to a jurist in this country, and as the fifth jadgo upon the Electoral Commission not only will all bis acts be carefully scratinized but all his ebaracteristics and his past acts will be taken into tho account in determining the probabilities of candor and fairness in the course he is likely to pursue in this emergency, PERSONAL CHARACTERISTICS OF THE JUSTICE 48 KNOWN TO HIS FRIENDS AND NEIGHBORS. Newark, N. J., Jan. 31, 187 Tho selection of Judge Joseph P. Bradley as tho fifth member of the judiciary part of the electoral tribunal ‘was the great topic of discussion In Newark yesterday, With the exception of a few extreme partisan demo- crats, who fear that his republicanism will sway his judgment against the Tilden interests, his selection generally regarded with great favor, Speaking to a Henatp representative last evening a leading aemo- crat, holaing a most responsible ollicial position, de- clared it as his belief that the Jutge was of that calibre of mind and character that vo party interests could or would influence him in the performance of his exalted functions as a member of the tribunal, He is, said the gentleman referred to, a clear-heade most learned ana upright Judge, and in no senso a politician, With regard to his legal-tonder judgmeon it t# declared that bis views thereon were weil known Jong before Pres mm» upholding the constitutivnatity of the Enforce. js quoted to his credit ay a just judge by the PERSONAL CHARACTERISTICS. Jo Newark, where the Judge began lite as a youth and walked up the ladder of professional success until he reached the highest Bench in the United States, some odd stories are related of hin, It appears that while calm and unimpa ju the consideration ot important matt trifles the Judge often mantiested an extraordinary AY, passion and impetuosny. Like he 18 (or was) av elder in the Duteh church of Newark, but w possessed ofan ungovernavle disposition to ‘swear hike a trooper.’” On ove occasion, as it 18 stated, he sat in his library preparing a case, the floor being littered with law books. A knock came to the door, “Come im,” cried the lawyer, It happened to be a deat dominic who was at the door, He did not hear Mr. Bradley's repeated invitations to his repeated knocks, Finally Bradley rose bastily, tambled over he opened tho door, accompanied ‘a blue streak” whieb, OOD AS saw who his visitor was, ended in an ‘)-0-0-h'!! and an olaborate explanatory apoloy On another occasion, while trying & cause in court, NEW YORK HERALD, THURSDAY, FEBRUARY 1, 1877.—TRIPLE SHEET. he remembered having some important papers in his safe. it wasahotday. H ried to his office, but in his baste to unlock the sate unwitti lock. Sentepernine imeeli back, be said, speaking ! you won't come open! then stay sbat, A bookseller wrote and wrote and wrote for the settlement of a bill, Finally be sevs his clerk. The clerk met with such a reception that he returned to his empl rand declared: he would nover again call ana be damned up hill and down dale by Mr, Bradley. tis related that a tailor was late in delivering a pair of puntaloons to Mr. Bradie: In consequence of wait- ing to put them on Jost bis train for Morris- town, He returned home, took off the nether gar- ments, deliberately cut them to pieces and remarked, “There, you won’t cuuse me to iniss another train. ’* For all these cbullitions of passion dtr, Bradiey is known to be a cluse and patient student, so that not only has he become master of the science of law, bi an accomplished linguist and mathematician, When he graduated trom Rutgers College he way excessivel roud of a new suit of homespun, every bit of whicl Bed bees manulsctured sca put together by the dett caper of big mother, a very poor but very estimable Ye THE FEELING IN OHIO—REPUBLICANS CONFI- DENT AND DEMOCRATS HOPEFUL. {BY TELEGRAPH TO THE HERALD. } Conumnvs, Jan. 31, 1877, The selection of Judge Bradicy as the filth judge on the electoral count commission gives intense satisfac- tion tothe republicans bere, perbaps more than the selection of any other member of the Supreme Court Bench would have given. Democrats would have pre- ferred Juage Davis, but say as they believe tho judicial part of the commission will only decide strictly judicial questions, they are content with the commission ag at pres:nt organized. Republicans are more jubilant to-day than they have been tor weeks, They have full faith in Hayes’ ultimate triumph. DEMOCRATS HOPEFUL A prominent democratic member of the Obio Assem- ra when asked to-night how his political associates felt regarding the result of the contest, rephed that as far as he had learned trom talks with tis associates he was satistied they were very bopolui. Ho says thoy expect the Supreme Court part of the commission will only consider purely judicial questions and will refuse to go behind the State returns, This will admit the returos made by returning boards and also the return from Oregon, This will, they think, result in throw- ing the election into the House, which will at once elect ‘Tilden, while the Senate will elect Wheeler as President, They base their hopos on this scheme, and, consequently, are reasonably happy. WHO IS GOVERNOR OF SOUTH CAROLINA? PARDON OF A COLORED PRISONER BY HAMP- TON—THE SHERIF¥ REFUSES TO RELEASE THE PRISONER—JUDGE MACKEY'S INTERVEN- TION, (BY TELEGRAPH TO THE HERALD.1 Conumuta, Jan. 31, 1877. Governor Hamptop baving granted a pardon to Amizi Rosborough, a colored prisoner in the jail of Chester county, and the Sheriff retusing to release tho prisoner on the ground that Wade Hampton is not the Governor of the State, Judge J. T. Mackey Issucd a writ of habeas corpus on the petition of tho prisoner, and the case was argued to-day at Chester on tho re- turn tothe writ, The Judge rendeged his decision im- mediately upon the conclusion of the argu- ment, It ts very claborate, and abun- dantly fortified by citations from legal authori- ties, The leading issue was whether the publication of the returns of the vote for Governor by the Speaker of the House, in the absence of the Senate, and in tho presence of tho House only, was sufficient, under tho constitution, to invest the person wko had reccived the highost number ol votes with the oflice of Gov- ernor upon his taking the oath. Judgo Mackey held bat it wi sufficient publication; that the words of the constitution that the Speaker shall open the returns and publish them inthe presence of both houses are directory only, and are not to be considered as a condition precedent to tho installation of the person who has been duly elected ; that the House having given the Senate due notico that tho Speaker would, on the day designated, open and publish the returns of the vote for Goveruor, the contumacious disregard of its constitutional duty by the Senate cannot operate to annul the will of the people as expressed at the ballot box; that to hold otherwise is repugnant to the theory of our clective system of government by conferring upon one branch of the General Assembly, partially, the power to veto the popular will in the choico of a chief magistrate by simply refusing to be present at the publication of the returns, showing that the candidate opposed by the majority of its members had beon duly elected by tho People; tiut if the essence must yield to the time or method, and the substauce to the form, In construing the constitution, then D. H. Chaiwnberlain himself has never been the constitutional Governor of South Caro- lia, for the constitution expressly declares toat tho elected after its adoption tn 1868 shall lied on a day provided for by law; and no day yet been designated by law. Tho Judge held that Wad pron baving received the highest number of votes cust lor tho oltice of Guv- ernor at the late gencral election, and having been duly instaled os such, the warrant of pardon under his hand, and the seal of the State, issued to Awwizi Rosborough herein, and delivered to und ac- be obeyed, and the prisoner is ed. Judge Mackey avnounced that he would filo bis written opinion on next Saturday. Notice of appeal was at once given by the counsel for the Sheriff, and tho case will be taken up Immediately to the Supreme Court. This caso presents the direct issue whether Hampton is tho Governor of South Caro- lina. THE KANSAS SENATORSHIP. ELECTION OF COLONEL PRESTON B, PLUMB, OF EMPORIA. [BY TELEGRAPH TO THE HERALD.] Sr. Louis, Mo. Jan, 31, 1877. Colonel Preston B. Piunb, who was elected Senator im Kansas to-day, began hiv career as a newspaper edi- tor at Topeka in 1856, subsequently studying law and placing himself at the head of the Bar. When tho rebellion broke out he took command of a Kan: regiment in the federal ariwy and led it gallantly. Of lute yoars ho has been engaged in banking, being presi- dent of a national bank at Emporia. ig a hietong republican, though not ultr rtisan. He voted tor Greeley in 1872, but warmly supported Governor Hayes in the last election. He is a man of excollent talents, sound judgment and unassailable moral stand- ing. His olection gives perfect satisfaction. CONGRESSMAN DAVIS" SEAT. San Francisco, Jan. 31, 1877. Horace Davis, the republican Congressman elect from this district, whose seat Congressman Piper asserts bis imtention of contesting on the ground of fraudulent voting, makes a statement claiming that a clericai omission to enter the names of voters upon the great register 1s considered by the best legal authority as not to uffect the legality of the electivn; | that so far as concerns votox being cast by nou-resi- dents the circumstinces of the case warrany the belief that such votes will be found as largely democratic as republican, and he expresses the belief that the nottco of contest is made nut with a view of following up tho legitimate conclusion, but tor the purpose politital 0 ground to stand upon in the premisos, GUBERNATORIAL NOMINATION. Maw on, N. H., Jan, 31, 18) Asa 8. Kendall, of West Swansea, was to-day nomi- nated fur Governor by the prohibitiontets, MISCEGENATION LEGALIZED, [BY TELEGRAPH TO THE uERALD. | Nawront, R. L, Jan. 31, 1877, Tie House of Representatives to-day repealed the clause of tho general statutes probibiting the inter. marriage of whites and blicks. When the roll was called there were 30 yeas and JO nays. The Speaker voted in the affirmative. THR MISSISSIPPI | RIVER, APPREUENSIONS AT ST. LOUIS ABOUT TIE BREAK UP OF THE GORGED ICK—~IF WARM WEATHER CONTINUES NO BOATS WILL BE ENDANGERED, [BY TELEGRAPH TO THE HERALD. 1 St, Lovis, Mo., Jan, 31, 1877, For some weeks grave apprehensions have been felt by steamboat men and merchants goverally at the probable break up of the gorged ice 10 the Mississippi River. This was a day of oxcitement on the levee, Tugs were engaged in breaking up the ice on the caste ern shore of the harbor, and succeeded in partially opening it, At seven I’, M. there was open water from the bridge to Chestnut street, and tho owngrs of steam eraand whari boats felt easy. If tno present warm weather continues for forty-eight hours no bouts wiil bo endangered. ‘Tho splendid steamer Bello of St Louis was cut down at Ste, Genevieve at two this morning, and will be a total loss, with a cargo of 500 tons of freight. She was valued at $50,000, and is insured tor $40,000, all m Cincinnati companies, FOREIGN MAILS. The steamers Abyssinia, Acapulco and City of Vora 2 took out yesterday 29,399 letters, 210 of re registered, and 46 bags of papers, mfluence, and that | 0b | “tor my own part, I believe that thore is more danger | JUDGE MILLER. Points of a Spicy Letter toa Relative. SEVERE CRITICISM OF THE ADMINISTRATION. What He is Seid to Have Thought of the Presidentiel Blectioa in December Last. WAS TILDEN A SUCCESSFUL CANDIDATE? New Orveans, Jan. 31, 1877, A story ts circulating :n private circles here, which, if well founded, as | am positively assured it is, is of much interest at this time. My informant is a gentle. man who hus extensive business relations with Galves- ton, and he tells me that the facts were xnown to him votore the appointment of the Electoral Commission— indeed, before the joint Congressional committee to whose efforts we are indebted for the Electoral bill, ‘was created—but that he was unwilling to suffer them to be made public until the solution of the electoral count difficulty had been finally reached. Hoe says, | moreover, that, while a8 a conservative in his politi- cal sentiments and as a business man deeply interestea inthe peace and prosperity of the South he was greatly pleased with the knowledge that an honored and able Associate Justice of the United States Su- preme Court, whose political associations before his election to tho Bench oad been with the republican party, had felt and expressed Mmdignation at the unpa- triotic and unjust acts of somo of the extreme republi- can politicians, he had no idea of the important dear- ing which those views might eventually have on tho future destiny of the Republic. JUPGE MILLER'S CORRESPONDENCE, According to my information Judge Ballinger, a prominent lawyer of Galveston, Texas, and a man of very superior attainments, has beon in the habit of keeping up a correspondence with his relative and close friend, Judge Samuel A. Miller, of Lowa, Asso- ciate Justice of the United States Supreme Court, in which the great public questions of the day havo been unreservedly discussed. It was natural that during tho excitement that followed the close and doubtful Presidential election this correspondence should turn upon the subject then agitating the whole public mind, A letter written by Judge Muller in De- cember last, to Judge Ballinger, contains expressions of sentiment which now bqcome of vast interest and importance. AN IMPORTANT LETTER ON THE PRESIDENTIAL ELECTION. In this momentous letter Judge Miller, as 1 am in- formed, alludes pleasantly and lightly te the fact that his views on political matters have not always been in accord with those of his Galveston rolative, and takes the latter to task for not baving long since been con- verted by the good teachings he has received from his correspondent. Judge Miller then changes to a scrious vein and states that it is with no little pain he feels compelled to admit the degra- dation and crimes of ono of the great political Parties of the nation. He says that in the existing crisis there is, unfortunately, but little if any room for a difference of opinion among honest and well informed citizens in all parts of the country. The people, be- yond doubt, desired to express, and did express in a constitutional way, their desire for a political change in the national government. That desiry was natural enough in view of the corruption which had eaten into the very heart of the existing administration and made the republican samo a byword and a reproach all over the nation, The people wanted a change from misrule and business misfortunes. The South, especially, wanted a change from the dishonest rule of the carpet- baggers and their vicious and ignorant allies, who bad impoverished the Southern States and subjected their best citizens to all sorts of indignities and injustice until the utmost bounds of endurance had been reached, The honesty and good sense of tho Ameri- can people had, it was believed, insured the desired political revolution in the method provided by the constitution and through the peaceful agency of tho ballot, But what has followed? THR CONSPIRACY TO COUNT TILDEN OUT. No sooner is the rosult of the election supposed to be correctly foreshadowed by all obtainable evidence than simultaneously with the announcement come ex prossions ot doubt and uncertainty, and charges and positive claims which could not possibly have had any good foundation witbin a few bours after the closing of the polis, {t Is worthy of remark, says Judgo Miller | in bis tet that the first evidence of a desire to thwart the public will, if it had really been exprossed | in favor of a change, came from the men most closely associated with the worst acts of the republican ad- ministration and the least trusted by the people, Mis- creants who have for years been fattening on the public plunder were the most zealous in exclaiming | against election frauds and the most eager in conspir- ing to manipulate the election returas. | FITTING WORK FOR TMH LOUISIANA RETURNING BOARD. Where should a conspiracy to reverse the popular vote in one or two States, ana thus to overthrow the verdict of the whole nation, look for fitting tools with which to accomplish the work, if not to Lousiana, ruled by Kellogg and blessed with Wells’ Returning Board? world that F It was enough to convince tho whole ality was contemplated when the Boara was set to This Board had already been convicted of crimes of notorious Louisiana Ret | work to manipulate the Louisiana return? an infamous character and the country could not be satistied with any acts it might perform. But when its business was to reverse a popular democratic ma- jority of $,000 and to make it a popular republican ot 3,000 or 4,000 instead, it must have been clear to every honest and intelligent mind that Tilden had been fairly elected, and that a conspiracy existed among the worst class of partisans to count Hayes in, CRITICISM OF THR ADMINISTRATION, Judge Miller aliudes in severe terms to some of the acts of the administration in connection with the Southern elections and the carpet-bag governments of the Southern States, and concludes with the hope that we may yet be saved from an outrage and an infamy which, if allowed to be consummated, might well make one despair of the country in which such things could be possible, JUDGE MILLERS JUDICIAL PATRNESS. My informant was careful to assure me that not- withstanding this positive expression of opinton trom Justice Miller every person who knows him is en- tirely confident that in his capacity as @ member of the Electoral Commission he will decide wholly and impartially on the facts and the law in the case, and that whatever views may be entertained by him ho will not knowingly suffer them to sway his judgment im the slightost degree, “Indeed,” said my informant, | of Judge Miller being swayed the other way from bis earnest desire not to allow bis personal opinions to interiere with his judicial action." A POSITIVE DENIAL FROM WASHINGTON, Wasuixorox, Jan, 31, 1877, Tp accordance with instructions | have made strict and direct inquiry aato the truth of the statement that Judge Miller, of the United States Supreme Court, did in December last address a letter to Judge Baliin- ger, of Galveston, expressing the belict that Tilden bad been elected, and criticising severely the carpet-bag administration. Tam authorized to state positively that no such let- ter was written by Judge Miller, TRAIN WRECKERS CAPTURED. ORGANIZED DEPREDATIONS UPON A KANSAS RAILROAD—TWO OF THE MISCREANTS IN CUS- ‘TODY. (BY TELEGRAPH TO THE HERALD. | St. Louis, Mo., Jap, 31, 1877. For some timo past the Missouri, Kansas and Texas Railroad has been infested with a gang of train wreck- ers, who have of late been unusually bold in their depredations, having thrown two trains from the track within the past two weeks upon that road, besides having weakened a bridge so that @ freight train was plunged into a creek, several cars being wrecked; but | no lives were lost, although several persons were seri- ously injured. ‘Their mode of procedure was to select some nousu- ally dark night and a portion of the track where, when the train was ‘d.tched’’ the damage would uecesearily be great, and then pile large logs upon the track and lash thein down to the Wes 60 as to form an im- passable barrier, Their principal places of rendezvous were in Cherokee and Labetce counties, in the soutbern | ae. ot Kansas, close to the boundary line of the indian Territory. ‘The gang is believed to be a very large one, which works in detachments, as it 1s impos: | accomplished of lite. organization, succeeded in cluding the Vigilance of the officers, both of Kansas and the Indian Territory, aud it was not until lately that any member had been cap- tured, Their haunts being in # thinly settied portion of Kansas and upon the very bordeis of civilization it was a dillicult (ask to arrest them, but on Saturday United States Deputy Marshal Stephenson succeeded in dropping on two of them, Jack Meads and Bill Meadows, und alter securely ironing them set out tor Fort Smith, Ark., where they will uy triea, The evi- dence against them 1s said to be conclusive, BROCK’S MURDERERS, THE COURT OF PARDONS NOT TO BE CONVENED— THE CULPRIT$ TO BE BANGED. [BY TELEGRAPH ‘TO THE HERALD. ] Trenton, N, J., Jan. 31, 1877, Govornor Bedle told a Hex.» reporter to-day that he had decided not to call a session of the Court of | Pardons to consider the cases of Iyan and Oschwald, | These villains have, since their willbe taken to Newark to-morrow morming by his confidential clerk, Mr. Edward DP. Fox. They will ac- cordingly be exccuted on the 9th of February (next Friday week), The Governor further stated that ho had examined into the circumstances of tho cases care- fully, and that be had found nothing which proved favorable to the culprits. Therefore he deemed tt futile to caila session of the Court, because ne would not vote in favor of a commutation, and that it could not be granted except he voted for it, although all. the otber members ot the Court might vote in the affirma- tive. A CASE FOR THE STATE DEPART- MENT. Pirrsvikup, Mags. Jan. $1, 1877. Jacob Straub, a naturalized citizen and restdont of this place, who has just returned from a visit to his parents, near Stroudsberg, Prussia, gives the particu. lars of his arrest by Prussian officials and enforced service inthe army. Ho finally escaped to Franco after many hardships and embarked tor this country, His triends will call the attention of the Stato Depart- ment at Washington to the caso, ASHTABULA INQUEST, DEFECTS OF THE BRIDGE POINTED OUT. Cuxvenann, Jan. 31, 1877. The Leader's Ashtabula special says:—‘Albert H. Howland was recalled, He found evidence that the I beams of the top chord in the fourth truss were bent to- ward tho south at a point about twenty feet from the west end of the truss, Tho wooden floor system was such that it could not give lateral support to tho bridge, He considers the whole system of lateral bracing a very defective point in the bridge. In nis opinion it was aserious defect in the bridge that the compression members depended to a groat extent upon their friction for retaining their proper position. Adjourned antil Saturda; ANOTHER ASHTABULA VICTIM. Muxruis, Tenn., Jan. 31, 1877. A despatch from Ashtabula, Obio, tis moruing, says:—Colonel Harry Tomlinson, a well known insar- ance agent of this city, and for many years president ot St. Andrew's Socioty, isin adying condition. He was one of the victims of the bridge disaster there, LIEUTENANT WEEDEN’S DEATH. Sax Francisco, Jan, 31, 1877. At tho inquest Iast night upon the body of Licuten- ant Weeden an intimate friend of the deceased testi- fied that Weeden was in the habit of using chloral hydrate to induce sicep. The jury found a verdict do. clining to decide whether an overdose of the drug had been taken accidentally or with suicidal intent, THE MISSING STEAMER. HER PASSENGERS—DID SHE ENCOUN- TER 1CE. Hatarax, N. &., Jan. 31, 18 The following persons were passengers by tho steamer George Washington, hence for St Johns, N. F., on the 18th inst., and not since heard from:— George Hopkins, W. 8, Combes, A. Falconer, John Sinith, W. Newberry, Edward Raynoi The’ captain of the steamer Alhambra, from New- foundlanu, reports that ho met heavy gulf ico ninety miles southeast of Scatario, which extended as far west as Whitehead. LIST OF A CHARGE OF FRAUD DENIED. Bostox, Mass., Jan. 31, 1877. The treasurer of the National Tube Works says the Statement relating to the company in the Journal is exaggerated. The whole amount of the drawback ro- ceived by the company since their business eom- menced i# less than $20,000, and they claim that overy doliar of it was on Enghsh ion, of which they had dur.ng the same time of over $200,600. Tho company have voluntarily offered all their books to the inspec- tion of government officers. NAVAL INTELLIGENCE, Wasiixetos, Jan, 31, 1877, Lieutenant Commander Horace Elmor is ordered to the receiving ship Worcester, at Norfelk, Va., as ex. I ecutive, Lieutenant W. ©. Strong is ordered to duty for in. struction in ordnat at the Navy Yard at Washing. ton, D. C.. on Februsry 1. Master ield 18 ordered to examination preliminary to promotjon. Ensign Henry F. Rich 18 ordered to the Naval Acad- emy. 4 Assistant Surgeon T. D, Myers is ordered to ‘avy Yard at Washington, D. ©. sed Assistant b rge W. Hall and F. W. Townsend are ordered to physical examination be- fore the Retring Boara. Lieutenant Commander Augustus 8, Ketlogg ts do- tached from the training ship Monongabela aud or- dered to duty for Instruction in ordnance at the Navy Yard, Washington, Fevruary 1. Passed Assistant Surgeon Theodore C, Heyl, is de- tached from the Navy Yard, Washington, and placed on waiting ord SPORTS ON THE ICE, ICE YACHT REGATIA TO-DAY—AN EXCITING TROTTING MATCH. Povoukekrsin, N. Y.,Jam 31, 1877, A special despatch to the Kagle says the regatta of the New Hamburg Jee Yacht Club tora silver service 18 announed for to-morrow at nine A. M, In a trotting contest on the ice at New Hamburg to- day Boss Tweed won two heats and Young Sentinel two heats, The fitth heat, which was trotted by the light of lanterns, resuited in a dead one between the two horses named. Both horses were then withdrawn and all bets declared of, COCKING ON LONG ISLAND, An exciting match of three battles between Kings large importations, having paid tho government duties | | organization, | debates were very animated, though characterized by | | | | | ? THE MOUNTAIN MEADOW MASSACRE. ARGUMENT OF THE APPEAL FOR A SEW TRIAL FOR THE CONVICTED MURDERER LEE, [BY TELEGRAPA TO THY HERALD.1 Satr Lage, U. T., Jan, 31, 1877, ‘There is little chance of the Mormon, Jobn D. Lee getting a new trial from the Territorial Court, but bis counsel willcarry bis caseto the Supreme Court of the United States if he fails ‘The principal ption is to Judge Boreman’s charge to the jury, yh rather is claimed, The case on a day before the Territorial Supreme Court in this city by W. W. Bishop tor the appellant and District at. torney Howard and F. Tiltord for the people, The Court took the case under advisement, A MERCHANT'S DISAPPEARANCE, Mr. Henry M. Conklin, seventy-four years of ago, « wall-known aud respected citizen of Brooklyn, lett the residence of his son-in-law, Mr, Goodwin, No. 254 Clinton avenue, in that city, about ten o'clock on Tuesday morning last, aud-calied at his son's offe, in Fulton. street, city. He left tne latter place | between twelve 1 one oleiock, | ume be bas not been seen. Yester bis wilo received an envelope postmarked 4.30 P. M., contawing @ note indorsed by him, pa: le to her order, tor $800, The envelope was also directed | 1 bis bandwriting Tho case was reported at Police | Headquarters tp this ctty, as well 4s at Police Head- | quarters, Brooklyn, and the detectives are actively en- aged in trying to trace his whereabouts, Mr. Conklin fie been for a number of years engaged in tho lumber business at the foot of Peart street, Brooklyn, and hag until iately enjoyed goud health. His pair white, and he has white side whiskers, It {i he ia slightly deranged. THE FENIAN CONVENTION. The Fensau Convention occupied itself till a late hous last night in the discussion of appropriate measures to be taken for the accomplishment of the objects of the It was, however, ascertained that the a spirit of varinony among the members, About fifty sible that one working gang could do all the wrecking | delegates were present. Jolin O'Mahony, the Head Centre of the ‘Brother- | hood.” whose condition bas for some days past been improving, experienced a dangerous relapse last might, caused by the excitement arising from the session of tho Convention, HOTEL ARRIVALS, William H, Alien, A’resident of Girard College, ts af the Windsor. Heoson J. Lossing, of Chestaut Ridga Y., isat the Westminster, General John Eaton, United States Commissioner of Education; B, W. Lewis, resident of the St. Louis, Kansas City and Northern Railroad Company; Colonel William L. ott, of Erie, Pa., and John A, Finch, of Indianapolis, eat the Fifth Avenue,, Professor J. E. Hilgard, of ington, watthe Astor, Professor O. C. Marsh, Ww of Yale College, and Sidney T. Fairchild, of Caze- novia, N. Y., are at the Buckingham, General J. B. Stonehouse, of Albany, 18 at the Brunswick, Judge James Forsyth, of Troy, is at the Gilsey, Coldnet the condemned murderors of Police Uilicer Brock, of | Robert. Perry, United States Army, is at the Sturtee Newark, He had signed their death warrant, and it | vant. Willtum Bross, of Chicago, William L, Bostwick, of Ithaca, ia is at the St, the Nicholas, St. Jamos, THE WEEKLY HERALD. ONE DOLLAR PER YEAR—POSTAGB FREE, THE CHEAPEST AND BEST NEWSPAPER IN THS COUNTRY—NOW READY. Tho Weekty Hrxatp for this week contains tele graphic news from all parts of the world; the latest Political news; Passage of tho Electoral bill together with the Presiden’s Message; the Doomed Mollies; Divorce Tribulations; a Demented Godiva; Died with his boots on; a Brilliant Stroke; Adrit at Sea in an Open Boat; Loss of the British iron ship Ada Iredale; the American ship Dakota Struck by Lightning and De- stroyed; a New Jersey Borgia; Offenbach op America; Work of the Atlantic Steamship Lines to and from New York during 1876; the Anuual Discussion of the Rent Question; a Tomahawked Chinaman ; an interest- ing story, intitled “My Fatal Error,’ and Washington Correspondence. It also contains editorial articles on the prominent topics of the day; Amuser ments, Personal Intelligence, Religious, Art and Sea Notes; Reviews of the Dry Goods, Horse, and Catue Markets; Financial and Commercial Reports; Agri- cultural and Sporting Matters, Obituary Notices and the most important events of the week. Terus—One dollar per year; single copies, three cents, An extra copy will be sent to every club of ten or more. FAIR FASHIONABLES PATRONIZE THAT STAN- dara beautifier and puritying sgent, GLeNn’s Suirnoe Dye. black or brown, 50c. TT BUILDING, FIREPROOF, LOCATED ON NASSAU, ANN AND FULTON ST& HANDSOME AND WELL HEATED OFFICES TO LET ON VERY REASONABLE TERMS, SUITABLE FOR LAWYERS’, BANKERS' AND INSURANCE OFFICES, APPLY ON THE PREMISES. A= PIPER HEIDSInCy 3 WITH COUGHS OR RTER'S BALSAM. A.—THOSE — SUFFER: colds will find reliet by usin; "ORTER Bats A—FIFIY F T SAVED BY USING HIG. 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's Babies.” one of the brightest ‘Tolling how the Baby was named; ow it becwme & nd how ite Price, 50 A companion to "Il little books of the ye how it was nursed; nose got out of joint. exciting new volume of detective ex) erton, anthor of “Model Town and “Expressmen and RECORD OF THE riences Detectives,” ovectives,” ke, Price, $1 50, YEAR—FEBRUARY, th a splendid new st dover 20) entertaining and valuable atticles, conta, ouT or TH An o'er true tal@— gantly printed and bov G. W. CARLETON & CO. Madis VANGER.—NEW TREATISE, FREE.—UOW CURED C ithout knife or pelsonous minerals, De. STODUARD, BS West Lith a. 4 salt i ltitis we bs VHRONIC—KIDNEY, BLADDER, THEIR COUNATR /and hitherto fatal diseases, with fall directions for gs Ay cure, in Dr, HBATH'S book of 100 pages, er Broadway, New York. Nik NEW YORK HERALD ALMANAC FINANCIAL, COMMERCIAL AND POLITICAL REGISTER, FOR 1877. This invatuable Almanue will be ready early in Fobruary. ‘The immense Importance of a work recognized as authentio resenting in its pages the oficial voto for the Presideacy frali'the States, rendered {t absolutely necessary to delay latest ree jes and its publigation in order to secure the fullest ant turns, Its pages are replete with invaluabl ntistiont Hetuenson Finance, with Daily Quotations for 4 for 1876; of Government Bonds of the va issues; Rates of Consoly; Railroad Shares aud Stuck ; American Se. cnrities on the London market; Bank of England Kate of Discount: Customs Returns, THE HERALD ALMANAC FOR 1877 will contain corrected Oficial Keturns of the Presidential Vote of every state and basin in the Union, corrected Score of the Creedmoor International aua Centennial Rifle Matches: fall Lists of Senators and Mewbers of the Forty fourth and Forty-Ofth Con; with Post Omice Ad- merican Minis Consala abroad; For- sin the United States, All the interesting i makes the HERALD ALMANAC 40 vaiu- of rencd are continued and amplified; Missing Heirs, with names and ad: nomical and os ‘ters and ot rn Ke ation and Equation of ‘Tide Ta! Atlantic Steamships; Lite Saving Statio Ly of Government ar bune At te ith yolodole Mteaeamegans wenbene, conte! tne for EW YORK HERALD ALMANAC. and Navy Hetur Jjally compiled and officially revived basa Tk Ve county birds was fought on Newtown y winning each | freer rice, 20 cents, mailed to all parts of the United Stateq Id hy ali stationers and newsdealers, Address HibaLb ALMANAG, New York eity.