The New York Herald Newspaper, February 8, 1877, Page 3

a TNE DECISION. The Commission Will Not Go Be- hind the Florida Returns. A STRICTLY PARTISAN VOTE. ’ The Evidence of the Three Certificates Alone To Be Considered. A RESUME OF THEIR CONTENTS. Testimony To Be Received Regarding the Al- loyed Ineligible Elector. REPUBLICANS EXULTANT Opinions and Discussions on the Effect of the Decision. THE PROCEEDINGS IN SECRET SESSION. Anxiety Manifested Concerning the Vote of the Fifth Arbiter. " FROM OUR SPECIAL CORRESPONDENT. ACTION OF THE - ELECTORAL COMMISSION ON THE FLORIDA CASE—SIGNIFICANCE OF THE CONCLUSIONS REACHED. Wasuinaton, Feb. 7, 1877. The Electoral Commission opened its doors at four p/clock, and the first report that it had refused to go behind the returns or to recanvass the State made the fepublican. faces brighten and cast a deep gloom over “the democrats. Why republicans shuuld be made ! Bappy by a report that the vote of Florida was not to be scrutinized by a committee of tho highest character lt is not easy to tell, unless they believo that they have nat honestly come by it. However » Mat may be, the republicans were very happy and. the democrats very gloomy until copies of the formal “orders” of the commission + began to circulate in tho House, which being cares tuily read, the democrats began to think the matter , Was not so bad, and the republicans that it was not 80 good as they at first imagined. CONCLUSIONS OF THE COMMISSION, ‘The conimission, alter a session of sixteen hours, luring two days, comes to these conclusions:— Ordered, that no evidence will be received or con- ‘idered by tho commission which was not submitted 0 the joint convention of the two houses by tho » President of tho Senate with the different certificates, excopt such as relates to the eligibility of Frederick * C. Humphreys as one of the electors. Resolved, That in tho cago of Florida this commis- Hon will receive the evidence relating to the eligibility of Froderick C. Humphreys, ono of the persons named * mi edetidente No, 1 au clector. ‘The vote stood erzht republicans, includmg Mr. Jus- tice Bradley for tho first order, and seven democrats wgainst, and soveu democrats and Judge Bradley tor the, second order, with seven republicans agaiust, Judge Bradley voted for both tho orders, ORIGIN OF THE ORDERS, 3 appears, thorofore, that the first order is of ropub- ican origin, opposed by the democrats, and tho second of democratic origin, opposed by the republicans, The division in tho commission, to the general disappoint ment, was strictly partisan, It was hoped by the ‘best and wisest mon of both sides hore that even on such a merely preliminary motion as this there would be an uppartisen division, The discussion is said to havo been earnest, thongh outirely good naturea and without bitierness. DEMUCRATIC DISAPPOINTMENT. The democrats aro disappointed at tho conclusions of the commission, partly because they were prepared to show, without great delay, that the Returning Board had committed frauds in the canvass and re- canvass of the State, proving which they expected, of course, to have the commission give tho Stato to them, and partly because the republican. origin of the first “order” shows that the republicans mean, if possible, to persuade the commission to accept the Stearns cer- tificato as final. That this is the republican intention 1s confessed, but the calmer men of both sides seo that the order itself does not commit the commis. - Sion to this decision, and that, in fact, it ADMITS ALL THREE CERTIFICATES, ‘ bears argument on all, and with the third certificate admits the whole democratic case; the action of tho Btate Court on the quo warranto; the action of the Legislature ordering a recanvass of the State; the ac- tual recanvass, showing a majority for Mr, Tilden, which was reported to the Legislature, and the action of Governor Drew, All these form parts of the third sertificate, and wore submitted to the two houses by the President of the Senate, and they como therefore by the “Order’’ boiore the Commission, and on them \t will to-morrow bear argument, each sido tuking two hours; having done which the Commission will then Qnally decide the Florida case. It 1s understood thay tho democrats proposed, first, '| Mr. Justice Bradley voted with the democrats, This NEW YORK HERALD, THURSDAY, FEBRUARY 8, 1877.-TRIPLE SHEET. to hear and decide | ASDICATION# OF THE suCOXD ORDER. ‘That this ix a correct view of the commmission’s position is made more probable by the second order and by the exception made in the! first. The commis- sion reluses to Doar-oridence for or against the certid- cates, These are, with alftneir contenis, -‘public acts, records and judicial proceedings’? of a State, anu there- fore competent evidence im themselves, ‘They relate to State concerns, amd the commission therefore ae- cepts these records and will not go bebind them, But when the question of eligibility of an clector comes up, | the charge being that he was incompetent because he held a Feders! office contrary to a provision of the Federal constitution, thea the commission ut once de- clares that it will hear evidence, plainly ou the ground that the two houses Lave original power and must take notice of a violation of the constitution, It, now, this is w right interpretation of the com- mission's position, it follows that it will weigh im- partially all the certificates, with all tho facts they con- tam. No doubt the republican counsel will argue that the certificate of Governor Stearns is Gnal; that the ac- tion of the Stearns Returning Board, “exercising the powers cozferred upon them by law,’’ as Judge Mat- thews put it, is Gnal. But to thig the democratic counsel would answer that though such action may be conclusive as aguinst Congress, it is not conclusive as Against the State courts, or the people assembled in Legislature, and that what the State by these voices hus to say thecommission, acting for the two houses, must give a bearing to. Nor is this all, 1t may be said that if the commission should, under its first “order,’’ hold that the Governor's certificate is final and couclusive this would be to establish that, though a democratic Governor might give his certifl- cate to Tilden electors, although his State had goue overwhelmingly, or even unanimously, for Hayes, or if the Returbing Board’s action {s final it would simply offer a promium for iraudulent rewuraing boards for. ever; or if at held, ag Judge Matthews argued, that all | Protests of aState must be made and comploted vefore the day on which the electors meet, then this would be. to say to political tricksters, ‘*You shall succeod if you are quick enough.” Briefly, it this theory of the commission’s action is correct, it bas said to the people of Florida:—*You must manage your own affuirs; 1f you muddle or mis- manago them itis at your own risk; wo cannot sot them straight for you, but we will hear al! you have to say about the muddle, and will make such decision on the evidenco you present.as scems lawful and just, but we will not look beyond what you tell us.” 4s is of coarse against this view, and the fuct mado known to-day that the commission would not go be- ind the returns, that caused the great jubilation on tho republican'side, ‘THE INRLIGIBLE QcxstION, A good deal of unfavorable comment has been made ‘upon the tact that the republican members of the com- mission voted agninat hearing evidence as to the eligibility of the elector Humpureys; but in this case action ofthe commission guards the constitutional provision that tederat office-holders sball not be electors. It also shows that the commission will look into even formally correct certificates such as that of Governor Stearns to see if they are correct. THK OTHER STATES, The Louisiana case is not affected by these prolimi- nary proceedings, It will afand on different ground altogether, How the Orcgon caso is affected is not cer- tain to-night, but itis clear that Watts, tho ineligible eloctor there, did resem casei after the election, aud was, therefore, rdiug to many precodents, in- competent to be voted for. His ineligibility on this view did not create a vacancy which could be filled by the other electors, But about this there will be as much argument as the commission will allow oa both aides. It is a point om which the lawyers will take great delight. FROM OUR REGULAR CORRESPONDENA. PROCEEDINGS OF THE COMMISSION—THE ARGU- MENT AND THE VOTE—THE CASE OF THE AL- LEG£D INELIGIBLE ELECTOR HUMPHREYS. Wasuincros, Feb, 7, 1877. At four o’clock the private door forthe judges was opened and the members of the commission came out, The adjacent corridor was thronged with Senators, Representatives, lawyers and writers for the press, These retiring toward each wall, left open an avenue through which the members of the commission passed along toward tho House and toward the Senate, turning neither to the right nor to the leit to recognize evon their most intimate friends, Senator Edmunds was tho tirst to appear. He hurried to the Scnato stairway and was not accosted. Judge Hoar followed, and donoted by his guy bearing the result, even before a word had been spoken to any of the throng outside by a member of the commission. Senator Morton came next, Instead of boing carried in a chuir, a8 is usual whenover he goes from one end of the Capitol to the other, he was partially supported by two men who relieved him from the use of his canes during his slow walk along the corridor, An old gontleman bent forward aod asked him in an undertone:— “What is the decision, Senator?” “Bight to seven.’* “But, tor God’s sake, on which side are the eight?’’ “Against going back of tho Florida returns,” said Mr. Morton, wearily, walking on. ‘This was the fret verbal unnouncement. Within a fow minutes it was repeated from lip to Ip and sped over tho telegraph wires to every corner of the country. THR PROCEEDINGS, It romains now to tell tho story of the proceedings of the commission In secrct session, so tar as it can be told without violating tho injunction of secrecy which still hangs over all the speeches and colivquies, An injunction to absolute tecrecy concerning every- thing, to last during the progress of the ac. bate, was passed tinmediately alter the meeting on Tuesday, The doors were locked and guarded. No persons other than the Commissioners wore udmitted that the commission should go behind the Returaing Board to look for fraud; and, second, thgt it should | ning Board to ba,shown, | allow fraud by tho Ret Both these motions were negatived by a party voto, Mr. Jastice Bradloy voting with the repuvlicuns, ‘Theroupon cai “Order” No. 1, MEANING OF THE FIRST ORDER, Interpreted by its relation to other propositions this order weoms to declare that the commission refuses to hold that she two Houses of Congress are ac. wassing of returning board; that it will noi con- wout to @ direct scrutiny of a Staw’s vote by Congress or the commission; that it will Bot even consent to a direct scrutiny of the sets of w roturaing board, bat that it holds that | all thexo matters belong exclusively to the State and sro beyond the purview of Congress, But at the same lime the commission, by Urder No, 1, seems distinctly so ucclare that what the State doca in relation to the fole or tho canvass by the Returuing Board, cither through tho State courts or through the Legisiatura, directly representing the people of the State, or by the Governor or through all must bo heard by Congress acting through the commission. in other words the position of the commission ts that the two houses have no power to juterlere and Investigate directly, but * that they are bound to hear the complaint of a State (has wroog has been done or fraud comumitiod, aud to the room, excepting Mr. Reardou, Murslial of the Supreme Court; Mr, Kinney, the clerk electod by the commission, and a tow pages. For convenionce all the Commissioners descended from the bench to the body of the court room aod assembied about tho tables there tn the order customary during the wexsions ot Congressional committees, Justice Cliftord presiding, THE ARGUMENT, Then tho argument began, an argament which proved to be #0 ablo at Lines, so striking and even thrilling on beta sides that the Commis. mioners unite in mutual compliments to ove another, aud regretting that no stenographic reporter was present to preserve all tho speeches for history. For partial restitution in this respect some of the Supreme Court judges will doubtiess deliver written opinions, aud some of the Senators and mem. bers of the Houso on the commission will cxpand their notes, On tho tirst day (yesterday) Senator Ka- munds opened the discusvion, speaking strongly in behalf of Hayes He was {dllowea by Senators Frelinghuyson and Morton, both of whom urged the impolicy, illegality and absurdity of going bebind the returns of Florida or any Siate. All the members except Mr, Morton rose while ad- dressing the commission, and the proceedings wero, from tirat to last, a8 one member of tne commission ways, ‘conducted with unbroken diynity and de- corum."” Senator Thurman followed Mr, Morton, making an argument on the democratic side, Which was succeded by ong equally cogeut and invensély earnost by Mr. Bayard, Judge Hoar then made an extremeiy able presentation of the republican cage, Messra, Munwao, Garfeld and Abbott spoke atterward, the latter closing i the day’s debate and teaving it precisely tn the tnde- terminate phage which was indicated last aight ‘THB FINAL DISCUSSION. To-day’s discussion was opened by Representative Payne, of Obio, and continued by Judges Field, Stroug, Bradley and Clifford iu rotation, Mr. Payne's argu- ment is memtioued by members on both sides of the commission as “‘udmiran! ‘fhe opwions of Judges Ciiffort and Field in javor of the power of the com- Mission to take evidence of {rand were positive and , Uorelenting; but Judge Field's argument was cou- sidered 10 be the strongest, On the republican side Mr, Hoar’s argument was the ablest, though Judge Bradley’s was perbaps the most ‘Vhoroughly considered. Great care, however, was taken by all mombers of the commission In preparing for so momentous a joust, All the speeches delivered by the justices of the Supreme Court were written OUL, and so wore tho argumepts of Seuutors Hoar aod Frelinghuysen, aud the other Commissioners had pro- pared elaborate notes, Tam vorz. At last, at a quarter before tour o’clock this atter- oon, at the conclusion of Judge Ciilord’s impressive paper, first resolution, or rather the ‘‘order,"” was offered. The vote on this resolution waa a strict party one, and on a future occasion the scene aud the cir- cumstances, if accurately rocorded, will Join them- selves to somo of the most impressive incidents in history, The yeas were Edmunds, Frelinghuyseo, Morton, Hoar, Garfteld, Miller, Strong and Bradley. The nays were Abbott, Bayard, Clifford, Field, Hunton, Payne and Thurman. JODGE BRADLEY'S vorx. The anxiety with which the commission awaited Judge Bradley's casting yote ts montioned by a re- Publican Senator as ‘‘depresstng.”? ‘The next proposition, to admit testimony respecting the eligibility of the disputed elector (Humphreys), was adopted at once by Judge Bradley castiug a vote for tt, SUMMARY OP THX SITUATION. That readers may understand it, this brief explana- tion 1s not amisa:— First—Throo sots of cortificates were sent from Florida, Second—The first envelope contained the cortificates of the Hayes elcctors, signea by Governor Stearns. Third—Vhe second envelope contained the certifl- cates of the Tilden clectors, aflrmed by the Florida courts, Fourth—The third envelope heid the whole canvass, offered in proof of Governor Tilden’s election, and suo act of the Florida Legislature, which was in the nature of an authentication of i. On the challenge of Hampbroy’s eligibility, ashe was a shipping commissioner at the time of his choice as an elector to vote for Hayes, there will be an argument | to-morrow, the counsel on both sides having been summoued to appear before the commission for that purpose ut oleven A, M. It is not thought that the argument will consume much time. ‘THs Cask OF BUMPHREYS, Humphreys, about whom the commission are to hear ovidence, was United States Shipping Commis- sioner at Pensacola,” He says this oventng that he wus notitied that he was ineligible, aud immediately scout his resignation, op October 2, 1876,to Judge W. B. Wood, United States Circuit Judge, of Floriaa, two months before the election. His resignation, he says, was accepted. The point made by the democrats is that bis appoiat- ment being a matter of record, his resignation also should have been a matter of record in the Clerk's oflice of the Circuit Court at Pensacola. Humpbreys arrived in Washington this morning with alithe papers necessary, he says, to show that his resignation was properly accepted. He swore that he had tho totter of acceptance trom Judge Wood, who directed the Collector uf Customs to perform the duties of his office ad interim, No appointment has yet been made, but Hamphroys, it ts believed, will be reappointed, All papers and books pertaining to bis office have begn turned over to Collector Potter. A LONG KOAD TO TRAVEL. Among the many suggestive discussions upon the result of the deuberations of the commission Was thas | which took place to-day between Sccretary Don Cameron and bis father, Senator Camerom, The former remarked, speaking ot the vote:— “Well, that settles 1.” To waich tho latter re- pliod:— “It looks very well, but i don’t know what may happen yet. The repablican party has a long road to travel still before it." GENERAL WASHINGTON DESPATCH. THE IMPRESSION REGARDING THE ACTION OF’ THE COMMISSION—TESTIMONY REGARDING THE ALLEGED INELIGIBLE ELECTOR HUM- PHREYS, WasuixGtoy, Feb. 7, 1877, The Electoral Commission commouced thelr session . to-day at ten o’clock and continued it until four. A large crowd of interested persons were in front of the doors of tho courtroom, expressing great anxiety to learn who result of the deliberations, as members of the commission came tuto the lobby on their way out of the Capitol they were eagerly surrounded by their personal trends and in- terrogated. As the injunction of secrecy had boen re- moved, there was no objection to giving the desired information, ORDERS ADOPTED, The following is a copy of the minute on the offictal record of the comm ‘ssion:— On motion of Mr, Justice Miller, © Ordered, Chat no evidence will be received or con-, sidered by the commission which was not su to the joiut convention of the two houses by dent of the Senate, with’ the different cert copt such as relates to the oligibility of F.C. phreys, one of the electu: ‘The vote wus us follows :— Yxas—Bradiey, Kamunds, Frolinghuysen, Garfeld, Hour, Miller, Morton and Strong—8, Nays—Abbott, Bayard, Cliflord, Field, Hunton, Payne and Thurman—7. On motion of Mr. Abbott— Resolved, That in the case of Florida this commis- sion will receive the evidence relating to the eligibility of Frederick C. Humpureys, one of the persons named 4m certificate No, 1 a3 elector. Yeas—Abbou, Bayard, Bradley, Clifford, Hanon, Payne and Thurman—s, Nays-—Edmunds, Frelinghuysen, Miner, storton aud Strong—7. ‘The secretary of the commission wi tracted to inform the counsel on the -respecttve sides that at eleven o'clock to-morrow 1 will bo propared to hear argument on the quostion of the eligibility of Frederick . Humphreys as au elector, THR INELIGINLE RLECTOR, Mr. Humphreys is one of the republican eléctors, and the question raised us to bis ehgibility ts that he was, at the date of bis election, ® United States Shipping Commissioner, which is alleged to be such an office of trust and profit as to disqualify him from acting as elector, but which ollice, it is asserted by the republi- cans, bo resigned before the election, ‘The commission by their decision to-day will havo betore them in the Florida cage three sets of papers, namely—First, the certifeato of the Hayes electors; second, that of the Tilden electors, and third, the paper containing the record of the Circuit Court of Fiorida on the quo warranto and the subsequent acwon, of the Legislature of that State, FREIING OVER THE RESULT. ‘The republicans express themselves gratified with, tho decision of the commission, while the democratse are somewhat discoaraged by 1, The former claim that no consequence will be attached to the quo war- Tanto proceediags of the Cireuit Court of Flor- ida, as they are now under appeal tw the Supreme Court of that State, and therefore not final, 1p seems to be the prevatent betiet that thes ultimate decision will be in favor of the Hayes and} Wheeler Florida electors, and that the count tn this cage will be pursued with regard to Loutsiana, wuere e are two alleged Jneligibie electors and more than one return. A prominent democratic member of the commission said, this afternoon, thatthe meaning of the vote of! the commission is that the ministerial acts of State? executive officers ure to be respected, but not those of| the judiciary, He added, however, that as! the democratic certificates embody the pro- coedings of the Court they will by this: decision be fully opened up for consideration and argu- } ment, The democrats also find some satisfaction in the fact that the rule established by the commission will Jead to the ascertaiumoat that Watts, the repuvli« can elector in Oregon, was ineligible at the time of his election, and hence ouly two republican electors trom Uthat State can be counted, Cronin, democrat, being the third elector, On this supposition they think the, democrats still bave & chance for the residency, and} that the election may be thrown into the House, where | ‘Tilden would be elected; aud that iu such event the es, ex. Hum. i Field, Garfleld, Hoar, ee ee choice of Mr. Wheeler as Vice President would devolve ! certaiuly detest all democratic attempts by fraud, fulse on the Seuate, DISCUASING THE DECISION. The decision of the commission is discussed at the | botels aud 1n private political circles to-night, all cou- ceding that the republicans seemingly have the advantage, The democrats express their regret that parties were strictly divided on the subject, TUS CASE OF HUMPHREYS. AS pertinent to the subject of inquiry into tho ellgi- Dility of Frederick C. Humphreys, as proposed by the commission, tue Committee on Privileges and Elec- Mons to-day examing’ that gentleman, in accordance with the instructions of the Senate, as follows ;. Frederick U. Humphreys sworn and examined. By ho Cnairmao—W here do you reaue? A. Pensa- 1 @ You wore candidate tor election at tho last President! viection in Fiorida’ a. Yes, sir. Q. Gn What ticket? A. On the republican ticket Q. You were certitied as elected und acted as such elector! A. Yes, sir, Q Before that time had you held any office under the United States government? A. Yes, sir. I was Voted States Shipping Commissioner at the Port of Pensacola, ‘ @ When were you appointed’ A. I have forgotten the exuct date of my appointment; it was about two years since. &, Somewhere about two years before the olection? | A an He @ Did you hold the office of Shipping Commissioner at the time of tho viection? A. 1 did not Q. Had your term expired or had you rosignedy A. No, sir; I had resigned. Q@ Md you resign in writing A. You, sir. Q. Have you acopyof your resignation with yor A. have not; I did not Keep a copy of it or [ mislaid it, but I bave the orginal of the acceptance of my Fesiguation. Q You made out and presented to tho district Judye a resignation of Shipping Comumissioner, dia you? A. Oh, yeu, air. Q About what time was that? A. That was in Sep- tember! think; atuny rate I indorsed the date vf tho Fecvipt of the acceptance of the resignation; here also 4 a letter trom the Collector of the Port assuming the | — wud usking me to turn over the recorils of the jee, Witness here bauded the chairman a letter. Q. Some time in September lust, a month or more before the election, you handed 1m your resignution in writing to W, 8. Woods, United States Circuit Judge? A. Yes, wir. ‘@ From whom you nad before received your ap- polutmens as Shipping Commissioner? A. Yea, sir. In reply to that you received the following lewter? A bowed or. ‘The Chairman—Tho letter reads as tollows:— Sin~ Your letter of the 24th ot September, 1876, resigning our ofice of Shipping Vamumissioner for the port uf Hens: cola inthe State of Floriae, has been received by ine, and your resignation of suid office is hereby actept Very respectiully, your obedient servant, W. i. WOUDs, United States Cireult Judge, Ocronen 2, 1876, To F.C, Humrunkys, neacola, Fla. Q@ That letter you received trom the Judge? A. ‘Yes, sir. The Chairman—Tho following indorsement is upon the back uage W. B. Woods, October 2, 1876."" an indorsemont inade by the per- A. Yes, Q. Following that is the indorsement:. tho resignation of Shipping Commissioner? air, Q Also received October 5, 1876? A. Yes, sir. Q. Thut 1g the date you received the acceptance of your resignation? A. Yes, sir, Q Where was Judge Woods at the time this letter waswritten? A. I think he was in Newark, Ohio, Q. He was there visiting at wus he? A, He was there visiting; yes, sir; bere is another letter io relution to it, (Witness hands letter to chairman.) f “Accepting A. Yes, Q You sent your letter to nim by mailr A, By mail; yes, sir. Q. ‘And reovived this reply by mail? A. Yes, sir. The Chairman—This ts another letter trom him dated at Newark, Unio, October 2, 1976, ana reads as toliows:— Dxaz 3in—I enclose she nccoptance of your resignation as Shipping Commissivner. The vacancy can unly be tilled by the Circuit Court, and until [ cau come to Pensacola to open court for that purpose the duties of tho office will have t0 be discharged by the Collector. Respoctfully yours, W. 8, Woubs, Hewruneys, Pensacola, Fla, hande a letter to the chairman, ¢ which you now hand to me is signed Jr., Collector of Customs.” Is he the t Pensacola? A. Yos, sir. Dears aate—Uctober 5, 1876? A. Yea. Chairman—it reads as follows :— Custom Housm, Puxsacous, Pua. | CoLtKcTon's Orrick, Oct. STU, Sin— am informed by Judge Woods that he hi your reslenation as United states Shipping und that 16 devolves upon mo to uasume the duties o oftice until a regular uppointment shall bo mude by the Cir. cui J rospocttully request, therefore, shat you will rf vile books, papers, records, &e., us may pertain Tremamn, a. lully, your obedient servant, NIRAM POTHGR, Jr., Oollector of Customs, Mr. F.C. Humrunsrs, Pensacola, Fl @. Did you go turn over to him all the public prop- erty that he refers to in this document? A. No, sir; there was no public property; it waa all iy private property; the bianks and books pertaining to the oifice were purchased by myself and I did not turn them to Mr. Potter. q@ Ww there any records im the offico? A, No, sir, except what belonged to me individually. vat be asad! tho duties; Jrom that date he assumod the duties, and bas been discharging |! ever gince. Q Have you had anytinng to do with the office in any w: wuce? A. No, aif; nothing at all, Have you discharged any of its functions or as- ed to be Shipping Commussioncr in any way? A. air, Q, You have not done so since the 5th of October, 1876? A. No, sir. Mr, C r—Q. You did not turn over the books? qi had @ lot of blanks op hand, but they were my private property purchased in New York, By Mr. Toller—Q. They were purchased with your own money’ A, My own wonoy; yes, sir. OBJECTION TO ILLINOIS. An objection will te mado from the democratic side tothe counting of the electoral vote of Illinois when_ the two houses shail again meet in joint session to coups the electoral vote. the basis of s 1s the following tntormati: vy Hoo, William M. Springe Svutnaviken, Til, Feb, acted as an elector withoat resigning bis ottice, ix positive. He ts hero und udiits it and the show It. GW. WEN JOUN H. OBERL: EL. MERRITT. An there is only ono roturn from Iilinois the objection to counting the vote is required to be signed by ut least one Senator und ono momuer of the House of Representatives, whereupon tho two houses will separate for action. No voto or votes from auy Stato from which but one return has been received can bo \Fejected, except vy the affirmative vote of the two houses, This case will aot be subject to the Electoral Comunission. THE ILLINOIS INELIGIBLE ELECTOR. {BY TELEGRAPH TO THE HERALD.) Wasiuxatoy, Feb, 7, 1877. Tho Sergeant-at-Arms of tho House to-night sent a deputy to Springfield, Ill, to confer with Governor Palmer and summon a pumber of witnesses in regard to the eligibility of Mr. Chaifoe, a Hayes elector, who, 1t 18 alloged, wasa United States Commissioner when elected, and acted without resigning. ANOTHER DISPUTED ELECTOR. PHYSER, A DEMOCRATIC ELECTOR OF WEST VIR- GINIA, ON HIS WAY TO WASHINGTON—HE 18 A CITIZEN AND AN ELIGIBLE ELECTOR, (BX TELEGRAPH TO THE HERALD. 1 Baurinone, Feb. 7, 1877. Albort Peyser, one of the five democratic Presiden. tial electors of West Virginia, was hore to-day, on his way to Washington, having beon summoned by the Sergeantat-Arins of the United States Senate. Peyser has no geod reason to believe or suspect that he is nota citizen of the United States, and theretore inel: igibie us un elector, He is a native russia, tors werly resided go Baltimore, and was natuuralizod in the City Court on September 13, 1867, but lost tis Baturalization papers, I re leav: here for Wash- ington he procured a certified copy of the court record, With names of the witnesses, THE OREGON INVESTIGATION. TELEGRAMS INTRODUCED BY SENATOR KERNAN. Wasuinatox, Feb, 7, 1877. The Senate committee investigating the Oregon electoral caso examined this morning Dr. George 1. Miller, of Omaha, Neb, who is a member Pelton, ot New York, in November last, in relation to tho Oregon case, He was requested by Pelton to go to Oregon and do what hy could to prevout Watts got- ting a cc’ \ificate, as it was believed that tho demo- crats nad a good case there; could not go, but sent J. HH. N. Patrick, Iu reply to Senator Kernan witness stated that nothing was ever said about the iliegitimute use of money to him in connection with tho Oregon case, He told Mr, Vatrick — that necossury expenses for a trip to Oregon would be paid from headquarters; saw Patrick upon his retura to Omaha trom Uregun. Patrick told wim that lawyers bad been retained to argue againgt the msuing of a cere tificate to Watts, Witness thought that Pacrick suid something about a member of the law firm whieb had been retained by the democrats being connected ‘with the Oregonian, a daily paper published at Port~ Jana, Oregon, Dat did not Understand that this was the main teason for employing the firm; he received ne despatches askivg lin to help raixe taoney to pay ex- peuses of uny #OTt IN cONneCuON wits the Uregon case, TELEGKAMS IXNTRODUCKD, Senator Kernan twtroduced the tullowing despatches in oyiuence — New You, 8th, To Jonw Hl. Miromuct of B. W. Scott, Portland, Urogon t= Were now absol certain of 185 votes tor Hayes if Oregon isouie, wud Tilden is sure of the fost, Cau you | Meturning Board, who, being interrogated by Mr. you received from him at the time it | counting oF bribery to capture? Answer when SANDLER. Poxtisxp, Orezon, Now, 0 absolutely certaip for Sat Toaat 20 fair, ane manne ly at least 80, Our for Oregou, but other states Give me the JOUN th, MITCHELL, Sax Fuaxetsco, Now. 1, IST, Portlund, Oregon i= on is certain, publicly that we have the Nta anxiety bi latest reliable iniormatiou, New Youu, Nov. Joux B. Mirewane, Portland. Orecou:—~ Without Oregon Hayes det Masten returns. Answer. New Youk, Nov. ® Hon, J, H. Mitciintn:— Keturns elect Hayes, peusuble, re, with Oregon, which ts indis- Use utinost vigilacs W. KE. CHANDLER, Pouttann, Nov. 4 Joux H, Mircuste, Palace Hotel, sau Fr RTH tary of State refusing laine democrat hay- ing next highest vor recognize, nnd wi you any good news THE LOUISIANA Wasuine toy ‘The Committes on the Powers, Privile; ofthe House in counting the electoral vote recalled Louts M. Kenner, one of the members of the Loutsiana Law. renee, denied all knowledge of any paper having beea destroyed or of any proposition for receiving. money for aby act in connection with the electoral vote or for the abstraction of papers He had never heard of any conversation between ex-Governor Wells and Litth field, On boing cross examined py Mr. Field witn said tho Board jcit unsate, and required protection by troops; he voted to throw out more than 10,000 ‘Tilden votes on account of intimidation and irregu- larity; thought more than 1,000 votes were cust by Persons against their own will; did not know that the other members of the Board committed frauds, but be Knew that he didnot, to know if it did not appear that something grossly fraudulent was dove with the Vernon return, Witness replied “Yos."” Mr, Lawrence then asked, *Doos | ¢ Q|ppear that some person made an alieration of the re- turns without the knowledge of the Board and then stole the paper aud carried 1. away in order to throw suspicion on the Board’? Witness answerod in tho affirmative, Mr, Washington, an export, being called, pointed out what ho considered alterations in the Vernon re- turn, the figures: being written over erasures, Mr. Groen,. Minute Clerk of tne Revurning Board, was called, but on account of tho inability of Governor Wolls to attend, he being sick in bed, bis examination was postponed, G, P. Davis, another Returning Board clerk, testified that he had beard of alteration of the returnw; bad made Ho exammiation of tho Vernon re- turn after bearing tt had been tampered with; Mr. Litsietield, on imauiry, informed him it had been lost, Witness did uot recollect seeing Governor Wolls talking or whispering with Littlefield, and did not know that Wolls instructed Littlefield two alter the returus. ‘The Senato Sub-commities on the Louisiana election occuplad the day in the examination of Woodward, Eaton, McCormack, Davis and Groev, clerks of the State Returning Board, in reference to the alleged al- toration of returts trom Vernon pariah, aa sworn to by the winess Littlefield These witnexses all testified to having boen prosent with Littledeld at the dinner the 3d of December, and subsequently in the offices the Board tilt date in the night, covering the time when he stated that President Wells instructed him while at dinoer to make the change, and later when he swears he was employed tn efasing and altering the figures, Neither of them was able to corroborate his testimony on those points, aud in general they contra. dicted his assertions thereon, INVESTIGATION. | Feb, 7, 1877. A CARD YROM Mh. PICKETT—DEFENCE OF HIS ACTION IN THK LOUISIANA MATTER. Wasuinatox, D, C., Feb. 6, 1877, To tas Epiror ov tak Heratp:— You bave, unadvisedly, I trast, done me injustice in your issue of last Friday, to which my attention is just now called, You refer, iu an editorial on the Re- turning Board, to “the testimony of Littleteld, thor Secretary, and of Pickett und Maddox, their accom. plces.’? I have never been acquainted with nor held any communication with apy member of the Return. tug Board, and the term ‘accomplice,’ which you apply to me, signifies a nefarious association. Little- Held, the Secretary, stands a sell-contessed forger of vetarns, and Maddo: confidential agent of the gov- ernment, was informer against tho iniquitous pur- poses of the Board. | simply used that information ‘to thwart their purposes. It is a strange confusion of ideas which would pluco me in the same re- lation to that Board as cither of these official personages. They are republicans; 1 am a democrat Litieneld ry das an instrament tu the perpetrauon ot taBedoos fraud upon the constitution and laws of is country, object at which was to deprive the people of t choice of President. Maddox was sent to New Orloany by the adm tion us au agent of its secret service, — omen! on ravenue matters, but with collateral instructions to look into und report | on the political situation, Some dave after he w: os 1 learned the fact incidentally, and inasmuch e had said he was going to St. Lows my suspicio were aroused, and so | warned my democratic frien in New Orleans to beware of hitn, as | knew that b former bigh standing in that community would secure him the entrée to democratic vircics, und, perhaps, the unguarded confidence of many with regard to political movements. When he returned to Washington he complained that I had tmpeded bis work; Lut be also intormed ine of the tact that Tilden bad carried the State by moro than 8,000 majority, and that the Rewwroing Board was in the market and would not relieve the suspense of the country antil the last day the law allowed—namely, the 6th Decomver. He furthermore showed me the the State would be declared for Hayes, He asked me to become the vearer of these facts to the managers of the democratic party iu New York, and I under. took to do so, not with the shghtest expecta. tion that th would consent to buy such rasc: Mr. Field: pressed the witness | # NEW JERSEY LEGISLATURE. GETTING I:P OF THE CORRUPT AND BURDEN SOME COMMISSIONS—-A BILL TO RENDER THE TRUCK SYSTEM ILLEGAL ‘Trento, Feb. 7, 1877. Tho city of Jersey City bas been governed by legis- lative commissions for the past six yours, A republican Legislature irs, forced them upon the city and has continued them ever j siuce. Every year efforts were made to abolish that syst of government, ail of which proved futile, ‘The debt of the city increased during that nme trom $4,060,000 to $16,000,000. Several of the Oom- Bussiouers bave been indicted for inalleasance and con: splracy white in office, aud the indictments are stil hanging over most of them, No puvlic improvements Of any importance have been inade, and, Woiwithstand: ing, tho tux rate is exceedingly oppressive, teal estate, as a consequence, has depreciated in value. Lo order to ameliorate the condition ot atlairs, by repeal. Ing tho legulative act authorizing commissions, Mr, Loon Abbett introduced a vill in the Senate to accom. plist tbat object, It was get to-day with sists opposition by & vote of 17 to 3—Mesars, Habart, Mathers aud Sewell voting inthe negative. There is scarcely any doubt of 149 passing the House, and there ix Bo question bub blat the Governor will sign it, Lt reads as tollows:— AN Acr concerning commissions to regulate municipal attains. 1, He it enacted by the Senate and General Assembly of the” state of fat such purty of uli publiey wide for the appol wre by the Senate wid Ure Im Joint meeting, ty Ca) New Jerwy, cy 2 the above thie State amine OF CF wretulure conferred uy ners, & board ta eu af rt quulition voters in said city sual vote only for ewo members uf wach sald uoarde, and the throu parsons bavi r ot si helt ae shall tike place aiter the pins i in sald bowrds sult vice wud conse: ux powers of municipal these bourd cone elty that . And be ctw, That this act shall take effeet im- meiiately. * ANOLISUING THR TRUCK STOKS, A bill was parsed ia the Lower House to-day which contains very important features, and will, if at bo. comes u law, alleot a great many capiialists, manutac- turers and leading business men im the State, Lk was tntroduced by Mr. Payne, of Cumbertand county, who, with the assistance of Messrs, Exan, Nicholls, ese and Gomer, warmly advocated its passage, Lt passed by a voto uf 3710 23. It reads as tollows:— AX Act for the better sccuring of waxes to workmen and iaborers in th J the ptate vl Sew Jersey, hoamuster, foandey ima © ¥, their agent be lawtul for any emplover of connected in i foundryman, call part workman oF laborer, Orders upon any suc ture, except as aforesald orders su given a th ms w setion until aiter the j mens ‘2 And be it enacted, That the provisions vt this act shall extend to all seamstrenses ur lemales cuplo, pre wise, jt enacted, That if’ any tronmaster, foundry tuctoryman, employer mw pany, “ oF .shati offer pay tor labor in any other a: her than above dercribed, be, sbe or they shart be ds guilty of a misdemenno dw conviction t! be dined tu any sum not excveding $50), or imprison for any term not exceeding six months, oF both, wt the eretion of the Court 4. And bo it enn 4, 1377, * |, That th» same shall take effect July NEGLECTED CHILDREN, Mary Ward, wife of Jobu Ward, occupying three miserable looking rooms on the fourth floor.of the . 183 avenue C, was arrested yesterday morn- ing at the instance of Superintendent Jen- kins, of the Society for the Prevention of Cruelty to Children, for .1ll-using her family, Two of her children, John and Martin, had been found crying in the street. A warrant was procured and the premises rented by Sirs, Ward enterod, The cvil- ing and the floor were covered with dirt, With the exception of u bedstead, siove, chair and a cup und o ate thero was uothing in the room. Mary Jane Wara, one year and @ half old, and Martin, aged tour years, were lying oo some straw in » corver of the Troum. Michael, Dominic und John Ward, thirteen, nine and five years old, were lying nude on 4 ragged Mmattrass in the other corner. The case was brought up to court yesterday and wajourned until this morbing to allow time for the producwon of witnesses ag to the domestic lite of the Ward tamily. John Williams, aged twenty, of No. 68 King street, a burglar, met lis maich yesterday morning in the per- son of Mra, Sarah Greene, of No. 79 King street, into whose rooms he forced an entrance. Mrs, Groene had been in the kitchen of her residence and on returning to her bedroom found Williatns tn the act of forcing | pea her trunk. He had wlready packed up ready tor a number of small articles im the room. When tho burg! w Mra, Greene he endeavored to escape through the rear door, but she caaght him by the throat und shouted for help. Williams struck her in the ince and tried to throw hor down, Mrs, Greene’s husband, hearing her cries for help, cume into the room and speedily sabdued Williams, Whea arraigned beloro Justice Otterbourg yesterday he pleaded guilty, and was held in default of $2,500 butl, ANOTHER MARVIN FIRE. at any figure, but in urder to able whea the time caine to show the country wit thoy were willing todo, Had I failed to lay the fact beture Hewitt und Morrissey I should ta Jost the connection with the necessary to sustain the case, dd nothing would have remained beyond Mr. Maddox's statement of what they wished tim todo. He bas given bis own reasuns for vot alding the Returning Board to consummate ite villany, and I need not repeat them. He gave me the opportunity of doing a service to the country at some sacriiico to mysell, and of establishing the guilt of the Louisiana Returoing Board, For this I azn roundly ubusod by the press, even by the hypocritical and cowardly portion of the democratic prose, which as quite willing to avail itself of the advantages of my movement but exceedingly anxious to avoid ail responsibility lor tt, My past lite is reviewed with harshness, but lam not ashamed of tt in any of its features, JOUN F, PICKETT, of the National Democratic Committce. He text. | tfed in reply to Senator Mitchell that he had a Molographic correspondence with W, T. THE SPANISH CENTENNIAL COM- MISSION. A PLEASANT OFFICIAL FAREWELL TO THE MAYOR OF PHILADELPHIA, Puaperruia, Feb, 7, 1 His Honor Mayor Stokely this morning received the fotlowing graceful communication trom Colonel Lopez Fabra, Chief Centennial Commissioner trom Spain, now about to take his departure for home :— ruary, 1877, ry ov Pitina Hoxonamtx tux Mayou oy THK As Kanue Sik—The moment hus arrived in which the Spanish Koy ial Exposition, of Philadelphia returns to its native laud alter @ stay of toure ber hs in the ( nited States of America, ‘Un departing from thix eity we eannos but offer it one henrtieit salute, to which purpose I direct myselt to you ws the first civil wuthority. At one of the grout solan:nities at the closing of the BE: had the honor tu express ty hetutor Gen relety of Philadelphia bad favored vious and treatment ( \ ve thas the rk, har artiats and laborers, nut one of whom has taken advantage ot us i ods, not charging any but their regular giving Cause tor any dispute, You may well, ir, be proud of being the offeial authority of its rn Vidding you and all farewell, we enn 1876 will b6 forever . wud, had we hot a dear home, we id foot ame Co stay in it tw form part of one of the inust virtuouss the world, p TRIAL OF MOLLY MAGUIRES, Scranrox, Pa, Feb, 7, 1877. Tho trial of four Molly Maguires, named Patrick Hestor, Petor MeHlugh, Alexander Graham and Patrick ‘Tully, on a chargo of having murdered Alexander Rea, nine years ago, at Centralia, was commenced in Blopmgvurg this evening beiore a crowded court, The Grand Jury brought in @ trae bit, and the prison. ers pleaded not guilty, Hester entered a special pica and claimed that he ought not to ve tried, on the ground that he bud ‘een indicted aod held m jail on the sumo charge over two terms of the court nine years ago, wud was not granted a trial at ui alibough claiming one, but was discharge Mis plow Was flea, together with the ans on w pert of the Commudwealth, after which the court a Journed until nine o'clock to-morrow. ‘The wwn thronged with strangers, and a large Dumber were unable to gain admiitauce to the court rou, Flames were discovered last night by an officer of the Twontieth precinct, issuing trom the . windows on the fourth floor of the seven story brick building, No. 328 West Thirty-seveuth streot, Ho promptly sounded an alarm, and the engines were soon on the spot and extinguished the fire, The building ts occupiod by Murvin & Co, as a safe manulaciory, and their stock was damaged to the extent of $250. Johu Geicter, a workman, ta attempting to extinguish the flames, had bis hands budly buruea. The liro way Caused vy the upseiting of a can of paint near a gas jet. The loss is fully cov- ered by insurance. FIRE DEPARTMENT. The following isthe Fire Marshal's report for tho- month of Jauuary'—There were 106 fires, the total Josa on which Was $72,215. Ou buildings $10,440 was lost, and on stock $61,775. The uninsured toss was $1,620, of which $100 was on buildings and $1,520 on stock. Tho total insurance on property burned was ‘69,800, of which $397,260 was on buildings aud 72,560 on their contents. REDUCING SALARIES, A meeting of the special committee appointed by the Brooklyn Board of Aldermen to consider the drait of a bill for the reduction of the salaries of the officials of that city was held last evening in the Common Council chamber, The bill, whieh gi full power to u rien to reduce the pay of the y from the Muyor to the most in- , will be presented to the Loy lature in @ few days by Assemblyman Joba Me- Groarty, A large number of ers Were present And expressed their views in relation to the nigh salaries now being paid to certain officials. A CONVICT SURRENDERS. Ta April of last year Thomas Shoonmaker luy in walt for Joseph Blackwell outside the St. Nicholas Hotel, in Lexington, Ky., and shot him as he stepped on the sidewalk, the ball penetrating tho ieft side of the breast, near the jung. Schoonmaker was tried, and ag Blackwell recovered trom lis tajuries the prisoner was convicted wud sentenced to two years’ imprisonment. Three Weoks aso Schooomaker aud two otver privun- fs, Bamed Collins and Tipton, made their escape from jai, Sehoonmaker reached Canada, but, being with. out funds, be retraced his stepg, and when le reached Jersey City yesterduy be 8 80 tired of his Wanderings that be surrendered himsolt to detective Clos, who took bim to Police Headquarters. A do- spuich was immediately sent to Captain Sharp, the jailor in Lexington, who will send officers to wuke Schooomaker in ena FINNEGAN’S LUOK. Sanford E. Cheever, a turniture finwher, of No, a ‘Third avenue, wno has aiways borne w good character, was charged at Washington Place Pole Court vy a laborer namod James F, Finnegan with robbing him of twenty cents and a pocket kuife. Cosever emphuueally: demed the charge, but Judge Uvierbourg aveided to hold him 1a $2,000 bail, BEGINNING EAKLY, David Ascher, aged aghtecn, charged with stealing two boxes of Inces, valuo $75, [fom the atére No. 42 Groene streot, was brought before Justice aud was held for trial in default of bail, mes