The New York Herald Newspaper, February 20, 1877, Page 3

» COMPLETING THR COUNT | SE3zseSSesecemee The Louisiana Decision Indorsed ‘ by the Senate. A STRICT PARTY VOTE. Menator Sargent Charges the Democrats with Inciting Assassination, THE HOUSE TAKES A RECESS. —— + —— A Disposition to Delay by Democratic Lawyers. CAUCUS LAST NIGHT. Counsels of Conservative Demo- crats Prevail. DISGUSTED WITH OREGON. FROM OUR SPECIAL CORRESPONDENT. Wasurnaton, Fob, 19, 1877. ‘The democrats undoubtedly biundered to-day in carrying s recess in the House until to-morrow. ‘Under the Electoral law they had the right to do so, ‘bus they gained nothing by it, and it was generally conceded by moderate men to be unreasonable and foolish. At the caucus this evening various speeches Were made, but nothing was dono, there being nothing todo. | In the Senate the proceedings lacked interest. The conclusion being foreseen, Senator Sargent took occa- @on with singular ill taste to utter a general and vio- lent denunciation of the democratic party, which he declared guilty of numorous assassinations. His own side-were plainly disgusted with him. Of the demo- erate, Senator Stevenson made the best speech, though Bonators Thurman and Bayard also spoke calmly and moderately. When she voting came only four Sena- tors failed to respond; Senators Conkling, Blaine, Dor- bey and Hamilton were all absent {rom their seat To-night the election of Mr. Hayes 1s gonerally con- ceded, nobody expecting anything from the Oregon ease, and many democrats being disgusted with that tase as it now stands, The spirit of the democratic caucus to-night showed shat there are lawyers enough ready and ablo to devise means to delay the counting of the vote, even ander the Electoral law, and to cause in this way a great and prolonged uneasiness, but that the few who wish to do this will have but little support, and would bave none at all if there was a reasonable assurance that the inauguration of Mr. Hayes would pat an end to tho carpet-bag governments in Louisiana and South Carolina, The foar that prevails on this subject that Mr. Hayes may be subject to evil influences gives the only following they have to the few who are eugor to ‘ebstruct the Court, PROCEEDINGS IN CONGRESS. SENATE, : Wasuixcton, Feb. 19, 1877. The Senate resumed its session at ten o’clock A. M., ‘with but few Senators pregent. In reply to & question of Mr, Withers, (dem,) of Va., the President pro tem, said:—‘The House will be ready to receive tho Senate tor the purpose of resum- ing the count of the electoral vote at cleven o'clock.” Mr. Wiruers inquired it it would be in order to move @ further recess until that hour, The PRESIDENT pro tem. replied that it would not, The Senate, having already taken a recess from Satur- day until this morning, could not take a second one ‘until another question was raised in tho joint meeting. At four minutes of eleven o’clock the PaxsipeNt pro tem, announced that the Senate would now repair to the House of Representatives, and the Senate, headed by ite officers, leit the chamber. Upon retugning, at five minutes to one P. M., the President pro tem, announced that the Senat ‘aving met the House of Representatives for the pur- pose of receiving the decision of the Electoral C Mission in regard tu the vote of Louisiana, and an ob- jection baviug been made thereto, the two Houses separated tor the purpose of deliberating in regard to that decision. Unloss some Senator asked it, he would not direct that the decision and objections thereto be Fead again. Mr. Davis, (dem,) of W. Va, said the papers should be read. Mr, Saroxnt, (rep.) of Cal, said if all the papers were to be read the two hours allowed for discussion would be consumed, and there would be no time lett for debate, The Presipent pro lem, decided that the time oc- cupied by the reading of the papers would not be taken out of the two hours allowed for debate; the two hours wouldrun from the time the debate actually com- meuced. SUPPORTING THR COMMISSION, Mr, Saenmay, (rep.) of Obio, subm:tied a resolution that the decision of the commission upen the electoral vote of Louisiava stand as the judgment of the Senate, the objections made thereto to the contrary notwith- | standing. The decision ot the commission was then read by Becretary Gosborn. The Puesivent pro tem. inquired if the objeqsi thereto submitted in the House of Representat shoud be read. Messrs, Booy (dem,) and Davis (dem.) demanded the reading thereof, Mr, Suerman said the papers had been readin tno House and it was of no uso to have them read again to eucumber the reourd. Mr, Wirtsrs—We want as many records of them as ible. i Boay said this was the most important business which the Senate had over been called upon wo periorm, tnd the reading of the objections should not be omitted to wave a few minutes of time. ‘The objections were then read. MR, KERNAN’S OBJECTION, | Mr, Kerxay, (aem.) of N. Y., subinitted n substitute for the resolution of Mr. Sherman, as toilows: Ordered, Tht votes purporting to be electornl vor President wud Vico Fresident, and Willian BP, to the contrary notwithst MK, MAXRY’S SPELCH, The question being on the substitute of Mr, Kernan, Mz, Saxwy, (dem.) of Lexus, spoke of the Electoral Commission bving invested with the same power us the two houses of Congress in canvassing tue electoral vote, and said it was ivtrusted with the wuty of deciding who wore the true electors; buy sbis duty had uot been portormed. ‘Ihe com-"| Mission was directed to ascertain the true vote of the Stute, but instead of that they had brought forth a certificate reeking with fraud and ofensive iv the nostrils of all bouest people, ‘Tue judgment of the commision bad been weighed in the bulance and found It could not stand the touchstone of truth, justice and fair dealin, It was alarm that im the beyioutng of our centennial year a President should enter upon the discharge of his duties with a title to the oflice grounded upon traud, and not upon the will of the peoyie, If the law organizing this commission did not authorize the commission to ascertain the true voto of the State it was the most cunningly devised pitiall that ever mortal man fell ito, The judgment Of the commission was founded on the denial of the right to prove traud. = it was an admission that the iruudulent certiticates of a notoriously corrupt Return: ing Board were good, valid and true, ‘This judgment, betn, sv heavily in favor of fraud and against trav and justice, would uever be approved by tho American people, but it would be condemned for all time, ‘Ihe irath had not been sought by the commission, but all ite avenues Were clased; tho evidence was suut out, | aud thereby the law was perverted, In conclusiwu, ue said the demveratic purty counselled « lawlul and peacetul sabmission to the decision, and contivently felied upon the will of the peopie and the merits of houses, acting together or separate, hud io investigate aud decide upon what was the true vote, He then spoke of the offer of the democratic counsel betore the commission to prove that fraud existed in Louisiana, and tbat certain electors im that State were ineligible; and, commenting op the decision of the commission, said, if a tile of soldiers should threaten to murder tho Governor of a State unless he signed the certifi- cate of certain electors, und the Governor yielded, under this decision there was no power in the two houses of Congress to inquire iato the matter, The decision was to the effect that there was no power in C to obtain the truth and smite down fraud, iRered his solemn protest against it, and he did so trom a bigher motive thau tor the success of any man or any political party, He did bot want it to go to the world without a protest that a hrweok Speco oe was to be connted. He was deeply paimed that such # princi should havo deen affirmed by a vote of 8 to 7. ‘ME, THURMAN’S SPEECH, Mr. Taurmax, (dem.) of Ohio, suid the statute of Louisiana croated a Returning Board consisting of tive persons, who were to bold office indetinitely und with power to fill atl vacancies that might occur. It de- volved upoa these five meu to say who should bold ofice in the State. The question of who should hold office depended not upon the will of the people, but upon the will of the Returning Board, je believed such a board was utterly destructive of a republican form of government. The State of Louisiana, under our constitution, had no power to create such a board. The acts of that Koard were unconstitutional, null and void; ovem if is acty were not uncon stitutional they were not legal in canvassing the vote of the 7th of November last, because the stat- ute required that the Board should be co:nposed of live persons of different political parties, but in tact it was composed of but four persons, all ot the same party and thoy steadily retused to fill the vacaucy. The duty of that Board was to canvass ana compile the returns of the Commissioners of Election; but the testimony showed they did not do so. The proof which counsel offered before the commission shoulda have been ac- cepted, and im that opimion he was fortified by the action of both houses of Congress four years ago in re- Jecting the vote of Louisiana. He then reforred to the incligibility of certain electors im that State and said jhe could not rugard: that other thaw usu nullill cation of the coustitutional provision on the subject, Uuder this docision, no matter by what fraud a man mught be elected President or Vice President, or how ineligible an elector might bo, there was ov power to Inquice tate it; the vole of an ineligible elector must be cuunted, and neither the Stute nor Congress couid right the wrong. He utterly dissented trom sucha decision as being destructive to u republican govern- ment, The decision would have the effect of a procia- Tuntion to dishonest returning boards to perpetrate whatever villapy their interests might dictate, with the absolute certainty that they would be successiul, MK, SHMRMAN THANKS GOD. Mr. SHERMAN, of Ohio, said Le was surprised at the | objections to the decigion of the Electoral tribunal, It ‘wus constituted by the votes of the very gentlemen who now objected to ita fiuding. The Seuntors ubject- ing Kuew when they voted tor the bill organizing too commission that these very questions of taking evidence were to be submitted to it, and they were in honor bound by its decision. Although he voied against the bill and fought it step by step after it passed, he made up bis mind to abide vy the decision of the tribunal. These objections now trom the other side of the Chamber wero insulting to the tribunal and insulting to those who sustained § its decision, The democrats had chosen an arbitration, Vhe decision was against them, und there should be ho unseemly wrangling. He further deciared thut the decision of tbe tribunal was right, and us a question of Jaw no man would bave held, two months ugo, that bad the right to ‘overhaul the returns by jectors werechosen, If there wus any right of a State it was the right to choose its own cleciors. ‘Thig right was carefully guarded by the constitution, and Congress had 10 mure power to overrule the de- cision of «State than any man in Great Britain or France had to dose, A good deal had been suid about fraud, fraud, iraud, and perjury, and republicans were looked upon und pointed ut us upholders of fraud, Suppose that Congress could go behind these returns, it would find murder, violence und fraud on the part of the democrats. ‘The State of Louisinna had tbe right to provide by Jaw for overruling this fraud, and it did so by its Re- turning Board. Kor democrats to tzik aboutfraud, } When it was the violence und traud of the democratic party which brought this danger to tho country, seemed to him wrong. The Louisiana Returning Boar might be imprisoned, the members might be ur- rested, they might be driven to their graves, but they had simply obeyed tne law, and Congresa bud no power, thunk God, to reverse the decision of that Buard, The democrats could come forward now and say what they proposed to prove. Why was it they d.d pot fer their proot belore the Lovertigatiog Commitee? ued that 1 would bave been impossible for the commission to have examiued all the evidence belore the 4th of dlarch, and this attempt to huve them tuko evidence looked a8 it it was contemplated to huve a new election for President. Ho uefonded the decision | of the commission, and asked if these pure and hon- | oruble men were to be assailed throughout the jana by libellers aud assassins. When all the testimony taken by both houses of Congrege im the Louisiana case shall have been read by theSpeople they would See that the decision of the commission wus right and Just. A Worn ro!run cattienina, Tho PResipENt pro tempore suid—Ttho Chair takes this occasion to say to the vccupants ot tho galleries that if ther» wore avy marks o1 approbation or dis- approbation the Chair will order the galleries to be cleared at once, s0 tuat the innocent will suffer with those who break the order of the Senate, SENATOR MORTON’S SPRECH. Mr, Mortoy, (rep.) of Lou,, said the statute of Loul- siaua creating the Returning Hoard provided in ex- Press terms that a mujority of the numver should constitute a quorum to do business and make the re- turns. ‘The Bourd was to consist of five persons, to be selected by the Senate; three of that number, by the express terms of the act, were a quorum to do busi- nee, There were tour in number upon the Board, one more thana majority. The Electoral Comission bad deeided tbat the Board was properly constituted. On the other hand it was argued that the existence of a single vacancy destroyed the Board, ‘The comuntssion Said not, upon the very best settled principles of law. Tho constitution provides that the Senate shall consist ot two Senators from cach State, yet vacancies trom alfa dozen States will not destroy the legal character of this Senate, The law provides that the Supreme Court ‘shall consist of a certain numoer of judges. Iwo or threo vacancies will not destroy the leva! character of the Supreme Court. so he could run through the law in re- gard to corporations and special iribunuls, There were certain commissions created for specitic ministerial purposes, Sometimes the luw required thut the com- anission should be tull to cnable it to perform an uct; but here the law creating the tribupal guards against Ubut by specially providing that a majorny of the me vers wball constitute u querum, und if there be such a mujority present, it makes nou diflerence trom what causs there wre ubsentecs— whether there are va canoies or whether members are willuily absent— if there be a majority present the jaw is complied wito, Now, in regard to the eligibuity of clectors the com- mission decided that it was not competent to prove that certain electors were ineligible on the 7th of No- be day ol the election, They decided that upon two grounds—tirst, because in any point of view tho proof would bo immaterial, because the substance of the constitution, the spirit aud meaning of it, 18 that the electors shall be eligible when they come to act, When they come to vote, and not at the time when they ure elected. Certain persons are ineligible to be members of this Senate. A Senator must have certain qualilications. If he has them whebd the time comes to be sworn in that is enougn; it 1s imma. term] whether he has them ou the day ot his election, ‘That is woll settled, But the commission decided that the proof was immaterial upon otber grounds. If wt elector was ineligible upon the it fact be proven to strike out his It it can it Is overturning tho very best settled principles of law. A man may be ineligivbie to a seut 1m this body, he may not be tirty years old, he may be under the disabilities of the foarteenth amendment, but if becomes hero and 1s sworn in and takes his soat | he may alterward be turned out upon proof of the fact, but every vote that he cusis bas the sume validity with the vote of overy other Senator, A man may be Ineligible to be appomted a judge wader the fourteenth atocndment, or lor want of age, or from any cause provided by'the law of the State m which le lives, yet, it hoe 1s appointed, notwithstandin; fweligibility, every act of big us judge ia Just as valid as if ne had beeu eligible. Warranto, but uutil that is done his act is valid, aud can there be ap exception to this rule none. In app@ying it to electors wo appl; well settied rule of law, and bow ebuurd be to overturn that tule m a cuse where w discovery is mude alter tho vote is cust, when it Is pust remedy, that an elector was ineligible and strike out bis vore, Lf the commission had decided that it would have overruled a well settled principle of law. Who, 1X months ogo, contended for any such prin- ciple as that’ This tribuuat decided that you could not enter into proof to contradict the returns made by the proper returning alflcers of the State—those ap- pointed by the State to decide and declare who had Deen elecieu, of constitutional law was plain iat must ve. constitution gives to each house the The right ; to judge of the election returns aud qualifications of its members, It it were nut for that provision of tution each houge could not do that, and it a olection were contested it would baye to be by the Legisiuture of the State that soous the Senator here. But that, however, has been given fo each house, and it was not given ju regard to electors. It js clanned that the two houses have the samme power in regard to clectors that the houses huve in regard tu their members, The answer 1s, tha power was not given, If the framers of the constitution had intended to give that power they would have J 80. ‘Yo inter tho existence of so great u power is to overrule every principle of construcion im regard to the consti- tution that wus adopted in the very beginning; Ww give to Congress the power to judge of the election returus of electors is tor the leuistutive to ol President ab: in the power of the two houses, We koow that was not intended. We know, 11 anything 1s clear, it was intended to make the chion of 4 President independent of Congress, The constitution says the ceriiticate shall be opened by the President of the Senate iu the presence uf the two Is to count the votes or whether are to count the votes, and I assuine he (WO Houses ure to do it, of in certain ioral Commission, What cun they do? duty to portorm, aud tant 1s to ertificutes caine irom the electors of the State; when that is done “the vote shall then be counted,” They must ascertain the tnet whether they came from the ciectors of the State, avd when they have ascertained that their duty is at uo end; there 18 no Lime, there is no place to try any question of inehigibiliuy. Aud bow are we to Koow that the cortificates came from the ‘electors of tho State? first piace, the act of Conyress provides that houses, whether he the two how under this jaw cases, thie Kile ‘Vhey have ba certain that th thoir case, MR, KERNAN’S PROTEST. Mr, Kunxax said the Senuie should not, and he | prima facie evideuce is the Governor's certiticate; but that is pot conclusive, That is the rebult of wn act of He may be tarned out upon a quo | He knew of | asimple, | it would | It seemed to bun that il any provision | ive, and to place the control of an | Ci may repeal that act, or it may pro- vide by,another to go bebind it; but whew you go be- hind that and come to the action of the officers of th State there your nenity isat unend, Whevever the officers appointed by a State to declere who have been chosen ciectors bave acted and made that declaration 1t is final so far a8 Congress 15 concerned. The action of tho State officers is the act of the State. DEMOCRATS RESPONSIBLE YOK THE COMMISSION. Mr. Sancenr, (rep.) of Cal., said Jud, was dehberately up and expressed against the pas- sage of the bill creating the Kiectoral Commission. at time every democrat on the floor, except one, insisted that the bill should pass. It was passed, and by democratic votes. During the dgbate upon the bill he stated that it would be said the décision of the com- mission was partisan, no matter which way they decided, but the domocratic Senators scouted such an idea, Not a democratic momber of the tribunal had risen in the slightest degree above purisanship. Every vote they bad given was saturated with partisanship, Because 1n the selection of the fifth judge there happened to be ove more republicau on the commission than demo- crat, and because those Wepublicans carried out the principles of their party, the democratic Senators found fault, when their own members on the commis- sion were just ay partisan, It was ‘y easy to talk ubout fraud, fraud, fraud. The democratic counsel went before the commission aad olfered to prove along list of things which they knew time would notullow, Ho urgued that the decision of the com- mission only sustained the right of the State in select. ing its clectors, He did not concede for a moment that irauds = were trated by the repuviicuns of = Louisiaua. [honsands of republicans ia that State were taken by the throat aod strangled and thus preveoted {rom voting means their opponents obtained apparent majority. The policy of tho 10 Louisiana was that such fraudulent majorities should be thrown out, and the Returning Board did right in throwing them out. He By this and aaid the condemnation of the American people would be written upon the democratic party, Mur- der was pot a fair mode of electioneering. All the republican party wanted was a fair voice of the people, fearless on their part, and it would be heeded. Frauds had been committed in Loutsiana by the democrats, aud it was by such means that they expectod to seize the Presidency. It was by such means that a few days ago an ussassin attempted, in the State House of Louisiana, to tuke the lite of a man whom more thaa one-haifot the people of the State bad elected Governor, (Laughter ou the democratic side). Mr. Sargent (looking toward Mr. Withers, of Virginia), said the Seuasor might laugh at that juct, Did the Senator laugh at the fact that one of the party papers in this sity yesterday counselled the ussussina- tion of Governor Hayes ¢ Mr. WirnuKs—No, 1 do not laugh at that, Mr, Sanauxt—Does the Senator luugh at the fact that his party is responsible for the assassination of of Abrabam Lincoln’ Does the Senator deny that? Mr. Witurxs—Yes, sir; | deny it fairly und squarely, Mr, Sanoxyt (resuming) sald the democratic party Was stained all over with the crime of assassination, Jt had assassinated trom the best may God ever created, hum Lincoln, dowa to the poorest uegro in Mis- ppl. ‘A DEMOCRATIC DENIAL, Mr. Wituers, of Virginia, said before replying to the tirade of the Seuutor from Caltornia he desirod to stato that he supported the bill tor tho creation of the Electoral Commission in the hope that the members drawn from tho Judicial Department of the govern- | ment wonld give the subject # fair judicial con- | sideration, but he was mistaken, This decision | had demonstrated the fact that the members of | the Supreme Court, the highest tribunal in the lund, could not rise above party any tgoro than pronounced politicians, 1t would certainly strike the country as remarkable that one member of the Court serving on the Electoral Commission should vote one way in regard to one State, aud ou the same tdentical question in regard 10 another State should vote another way. ‘ibis decision, that Congress could ; not inquire into fraud iu the electoral yote | of @ State, was asserting a doctrine of State sovereiguiy never advocated by its wildest adherents, Ho then alluded to the charges mado by the Senators from Califoruia (Mr, Sargent) aud Ohio (Mr. Sherman), that the democratic party was responsible fur uli | wrongs committed, and said three-iourths of tho violence in the South had been instigated and brought about by the republican party. WHY DEMOCRATS VOTED FOR THE BILL, Mr. StevExsow, (dem.) of Ky., said tho proceedings of the Americun Senate to-duy Would live as long | constitutional government lasted or the principles of | liberty bad a votary. the Electoral Commissio: He voted for the bill creating and did so in the interest igution. was passed it was expected full and fair inves- tigation, and that judgment would be rendered tn necordance with the proofs, Mr. Stevenson.then ro- ferred to tho condition of Louisiana, and said this Re- Psi d Board had becn so successiul in governing the State that they might as well extend their operations and govern the nation, THR VOTE. The question veing on the resolution of Mr. Kernan aga substitute for that of Mr. Sherman it was rejectea— yeas 28, nays 41—us follows. up When the that there would be a free, yeas Gordon, Merrimon, Heretord, wood, dohuston, ‘andolpli, Fu Kunsom, ° Saulsbury, Ntevenson, MeCreery, Wallace, . McDonald, Whyte, Eaton, Maxey, Withers, Goldthw: Ozlesby, Paddock, Patterson, Rov Boutwell, Harvey, Krace, Hitehevex, Burnsid Hawe, Cuvier Ingalls, Camero ones, . Chaffee, Logat MeMidna, 5 Mitchell, Windom, Morrill, Wright. Morton, Mr. Edmunds, who would have voted in the negative, but who was detained ut bome by sickness, Was pair with Mr. Tharman, who would have voted in the firwative, Mr. Blaine, who would have voted in the negative, Was also detained at home by sickness. Tho question then being on the resolution of Mr, Shermi it was agreed to—yeas 41, pays 28—a strict party vot Those voting in tavor of the substi- | tute as above recorded voted uguinst the resulution, | and those who voted against the substitute voted tor i | the resolution. Mr. Hamutn said the Sonate having concluded its ac- tior on the vote of Louisiana, he moved that the Sec. Telary bo instructed to notily the House of Repre- sentatives that the Senate was ready to mect that nd proceed with the count of the electoral vote, Agreed to. Mr. Sancent inquired if it was not necessary to in- The Senato then, at twonty-five minutes to four P. M., took a recess until ten o’clock to-morrow. HOUSE OF REPRESENTATIVES, Wasuixorox, Feb. 19, 1877, Tho House, at ten o'clock, took a turther recess until bail-past ten, ‘The House assembled at half-past ten o'clock, but no business was transacted until eleven o'clock, the time being occupied in preparing the Hall for the reception of the Senate, Tho galleries were crowded, as usual on the days when the couat 19 to proceed. Precisely at eleven o’clock the arrival of the Senate was announced, and the Senators entered the Hall, | tho members of the House stanaing to receive them. The presiding oilicer then said:—The joint meet- ing of Congress resumes its session, The objections presonted to the certilicates trom the State of Louisiana having been submitted to the commission the two houses have reconvened to receivo and consider the decision of that tribunal in writing by « majority of the commissioners und signed by a majority of the jouers agreeing thereto, It will now be read by the Secretary of the Senate, ‘TRXT OF THE DECISION. The decision was then read as follows: Kuxcroka, Commission, Wasinetos, b » Fev, 16, A. D, 1877. } To the President of the § nate of the United state: | gress, under the act of Congress eutitied “Au act to prove tor and regulate the counting of the votes for President und Vice President und the decision of | Questions arising thereou, for tue term commencing Murch 4, A. 1). 1877,” approved Janaary 20, 187 ‘The Electoral Cou mission Mentioned tn said act hav. | ing received certain certitcates aod papers purporting to be certiticates, und papers accompanying the sume, electoral yore trem the State of Louisiana, and ubjections thereto submitted to it uader said uct, how report that it has duly considered the same, pur- to said act, and has by o majortiy ot votes de- sided, und does bereby dvelde, that the vo.es of William P, Kellogg, J. Henry Bureh, Peter Joseph, L. A, Sheldon, Morris Marks, Aarou 13, Levisse, Orlando H, Brewster | and Oscar Jofrion, named io the certificate of William | P, Kellogg, Governor of suid State, which votes are certitied by said persons, us appears by the certificates submitted to the comiuission as uloresaid, and marked os. 1 and 3 by suid commission and herewith re- ned, are the Votes provided for by the constituson of the United States, anu that tue sane are lawiuliy uted as therein certified—namely, eight vous jord B, Hayes, of Ob) foe President, and | eight votes tor Witham A. Wheeler, of New York, tor Vice President. Tho commission has by @ majority ot votes decided, and does hereby wecide and report, that the eight per= 1m and by the said State of Louisiana, ‘The brief ground of this decision js, that it appears Upon such evidence as by the constitution and tue law named in said act of Congress is competent and perti- nent to the consideration of U cL; that the betore-mentioned electors appear to have been law- | wily appointed such electors of Presivent aud View President of the United States, for the term beginoing Maren 4, 1877, tor by the constitution of the United Staves and tho decided that it 18 hut competent under Lhe constitutio and the law, ib existed ut the date of the paxsu Of suid act, (0 go Into evidence aliunde the pape: opened by the President of the Senate in the presence of the two Louses to prove that other persous | than those regalariy certitied to by the Governor of the | State, om and according to the determination of their F detended the decision of the commission at length, | | Presiding iu the meeting of the two houses of Cou- | NEW YORK HERALD, TUESDAY, FEBRUARY 20, 1877 | | Texas, | Sons first belore named were duly appointed eiecturs | of the State of Louisiana, and that they ” Voie ax suct at tho tine and ‘11 the manner provided | Island and Viciuny,’’ with iilustrative specimens, jaw, und the commission has by a majority of votes | bro | appointment by the returning officers for elections in said State prior tothe time required for the per- formance of their duties, had beea appointed elvctors, or by counter proof to’ show that they hat not, oF that the determination of said returning oiticers war Not in accurdunce with the truth and fact, the cuininin- sion by @ majority of votes Leing of opiuion that it is not within the jurisdiction of the twu nouses of Cou- gress assembled \o count the votes for resident aud Vice President to cuter upon a trial of such question. ‘the commission by a majority of votes is also of opin fon that it is pot competent to prove that any of said persons or appointed electors aforesaid beld an otfew of trustor profit under the United Stutes at tb time when they were appointet, or that they were i eligible under the laws ot the State, or any other matter offered to be proved aliunds said certificates and papers, The commission is also of opinion, by a majority of votes, that tne returning viticers’ of election who canvassed the yotes at the election for electors in | Loutsiana were « lawtully constituted body by virtue of | ® constitutional law, and that a vacancy 19 said body did not Vitiate its proceedings. The commission bus | ulso decided and docs hereby decide, by a mujority votes, und report as a consequence of the foregoing apd upon the ground betor ted, that the paper purporting to be w certiticate of the electoral votes of said State of Louisiana objected to byt. 0. others, marked , So. 2, by the commis: herewith returned, 1s not the certificate of the votes provided for by the constitution of the United States, and that ihey ought not to be counted ax such, Done at Washington the day wud year tirst above written, SAMUEL F, MILLER, W. STRUNG, BRADLEY, JOSEPH P, GEORGE F. EDMUNDS, 0, MORTON, FREDERICK T. FReLINGHUYSEN, JAMES A. GARFIEL GEORGE F, HOAR, OBsHCTIONS TO THK DECISION, The decision haying Leen read, the PaxsiDING OrriceR asked whether théfe were any objections to the de- cision. Mr, Ginsoy, (dem.) of La., thereupon rose and pre- sented objections to the decision, on the ground that the commission bad refused to receive evideuce which had been offered, and had decided that the votes. meu- tioned in certilicates Nos, 1 und 3 snould be countea for Hayes aad Wheeler, such evidence to the coutrary notwithstuading. The paper recites at great length the proceedings of the commission, but the point of it is tho rejection of the evideuce. It is signed by most of the aemocrats in both bouses, ‘The reading of the paper occupied just an bour, [t was the driest of legal uocuments, merely consisting Of repetitions of the varivus lurms in which evidence had been offered to aud reused by tbe cummission, No one after the first tive minutes made the slightest pretence of hisening to ib or making un effort to un- derstand it. The hum of conversation prevailed on the floor and tm the crowded galleries to such an exieat that the Presiding Vilicer hud several tines to appeal Jor order aud silence, Finally when, the reading was at lust ended (at twenty live aminuces past twelve), an opportunity was given to members who Lad nog yet signed tue paper to step to the Clerk’s desk and appeud their signatures, and this cousumed still inore time und added to the uproar, THE JOINT CONVENTION, Ata quarter toono the joint convention was again called ty order, and the’ PuRSIDING OFFICER uBkod whether there were any further objections to the deci- sion, Mr. Wantace, (dem.) of Pu., rose and presented ob- Jectious, which were read, ‘Tuey are:— Firt—Tuat the decision is in violation of the flectoral this, that by the act the cui whether any, aud whit votes from act, decid he ud whut’ per- yet the cumunission re y appointed electors in und by the State of Louisiana and what votes from thut Stute are within the provisions of the cunstivu- ton of the United states. Secoud—Becuuse the act creating the commission was Passed to the tear und examine ovider electors iu uny disputed chosen; whereas th fe not sen, but thi they had falsely and trauduleosly such electors, and also refused offsrs to show thut tended certiticates of election were procured by cor- ‘und wholly unt "hird—Becuure the decision ts in disrogard of truth, Justice and law, and establishes tue demorulizing and omt ‘nous doctrine that traud, torgery, bribery uud perjury can luwtully be used us tea.» to muke w Presideut of the United states against the lly axcerbatned whil of the people and of States, This paper is signed by Senators Wallace of Pena- sylvania; Johnson, of Virginia; Bailey, of Tennessce; ernan, of New York; Kelly, of Uregun; Suuisbury, of Delaware, and otter Senators and membera, The Presipixc Urricer Laving called for other ob- Jectrons to this Uccisivn Mr. Cochran, (dem.) of Pa., presented an objection and proiest sigued by bimself and several Senaturs and Representatives, tor the tole lowing reasons :— Firet—It wap denied before the commision that the Tilden electors in Louisiana had received «large majority of the caste Second—It was wot donted before the con: Wells und fis ussociates, styling thermsel board, wero guilty of ross traud; thut the 1 given eit ho wore falso and iruudulent, or ny that their in canvassing the votes were in violution of the cor mw and laws of the stute of Loulstuna, Thir the efeht members of the commis. sion m dec was a violation of the letter und spirit of the act under which the commission wus created aud of the spirit of the constitution of the United state: WITHDRAWAL OF THE BENATR, No further ovjections boing presented the Presipina OrriceR announced (at one o'clock) that the Seuate would withdraw to its chamber so that the two bouses might separawly consider and decide the objections, ANEW Li TIVE DAY. ‘The Senate having accordingly wihdrawn, Mr. Woop, of New York, rose to make 4 motion, but the Speaker interposed and ruled that anew legisiative day wus now commencing. The proceedings were thereupon opened by the chapiain with prayer, and then the Journal of Satur- duy last was read and approved. THE HOUSK TAKKS A RECESS. Mr. Woov, (dem.) of N. Y., them moved that the House tuke a recess till ten o'clock to-morrow morning, Betore putting the question the Srkakkr desired to present somo eprolled bills, but Mr. Conger, of Michi- an, objected. The yeas and uays were called on Me, Wood’s motion, and it was agreed to—yous 140, nays 130, Ve following pamed democrats voted in the nega- tive:—Mesers, Alusworth, Anderson, Jona H. Bagley, Bell, Campbell, Carr, Cutler, eae Goodin, Hutcher, cto hear Haymond, Hopkins, Jones of N. Kehr, ‘Lemoyne, Morgan, Neal, Phelps, Powell, ' Stevenson, Tarvox, Waruer, Wells of Mo., Wilits, Wilstire aud Yeatos, ‘The House thereupon, ot twenty-live minutes past one & M., took a recess till teu o'clock A, SM. to-mor- Ww, and the democratic members remaioed in the hall lor the purpose of hoiding a caucus, THE DEMOCRATIC CAUCUS. LARGE PREPONDERANCE OF THE CONSERVATIVE ELEMENT—RADICAL PROPOSITIONS REJECTED WITHOUT A VOTE—TBE CAUCUS STAND BY THE ACTION OF BATURDAY, AND THE COUNT TO PROCEED, Wasuisatox, Feb, 19, 1877. About 100 membera were present at the caucus to- night at the Capitol, Representative Clymer presid- ing. Representative Vance, of Ohio, offored a resolution situilar to that of Representative Walling at Saturday night’s caucus, asserting that the democrats should avail themselves of all legitimate means to defeat the acts of the commiésion. This resolution caused much discussion, but was not voted on, Representative Mills, of Texas, offered a resolution declaring that an exigency contemplated by the constl- tutiod having ariaen, neither candidate for the Pres- jucucy having @ inajority of the electoral vote; there- fore, Kexolved, Th: for President. Representative Springer offered a rosolution reciting that Hampton and Nichoila ure tho legaily elected Governors of South Carolina and Louisiwua, rospec- tively, and that ak amendinent be mude to the Army Appropriation bill continiug the operations of troops ty the frontier, atives Randall, of Tennessee; Hooker, of ivpl; Kuott, ot Kentucky; MeMahon, of Olio; Kentucky; Springer, ot , of Obio, and Mills, of favored action ou the pending resolutions, und Representatives Hunton aod Harris, of Virginia; Kuckuer, of Missouri, and Durham, of Keptueky, ex- pressed themselves aguinst all the resolutions, Representative Brown, of Kentucky, ollered a reso- lution the same in substance as that adopted on Satur- the House should at once proceed to vote Liinots; Poppleto day night, declaring tuat the electoral vote shall pro- coed without dilatory opposition, but strongly proiest- ing agwinet the ‘action of the inajorvyy ot the commission, Who signed the decisions in the Florida and Louisiana cases, Kepresentative Brown said he had received intima- tjons trom numerous sources that a realfirmation of the caucus’ uction of Saturday Was necessary.. He did bot, however, press the reso ution, but yielded to Rep- roseutnuve MeMuhon, who moved that the caucus take 4 recess uotil alter the count of the Uregon vote in the joimt meeting of the two houses. The motion was car- ried. Those members of the caucus who favor extrome Measures did not, owing to the large preponderance of the conservative clement, avk fora aivisivn of tho questious pre ted, vor was @ Vote taken on any one om, Oxcept lor Lhe recess, ecuucus stand by their action uf Saturday night ACADEMY OF SCIENCES. A lecture was delivered last evening before tho Academy of Sciences (iate Lyceam of Natural History), No, 64 Madison avonue. Tho President, J. 8, Newberry, presided, Mr. 8. U. Chamberlin read an article on the “Tourmalin Garnets and Epidotes of New York Some highly lustrous and woll terminated black and tourmaiines and richly colored epidotes were exhibited, Among the garnets one in diameter, found on Fity-nimeh # Central Pack. A paper was road by Aygieston on the copper region of Lake Superior, Mr. G. F, Kunz extibied « sores of g colored tourtualings from Brazil, whica elicited great \Dlorest irow the iact of their rarity aud great Leauty, —TRIPLs SHEET. | | made by Inspectors Cort, Van Horn aud Hagan. This receiving the goods in ture useertained the fact that during the voyage the crew had | tapped nearly every packago sod had drawn oat one of ‘two yalions from a barrel, and in THE AMARANTH ASSAULT. THE TRIAL OF SAULTING MR. THOMAS F. CLARK IN THE BROOKLYN ACADEMY OF MUSIC—TESTIMONY OF COLONEL JOUN OAKEY AND MRS, OAKEY. The assault case in which Douglas Walker attempted to horsewhip Thomas ¥, Clark, secretary to General Eckert, on tho stage of the Brooklyn Academy of Music, came up yesterday afternoon in the rolico Court of tne Brooklyn City Hall, before Justice Walsh. ‘There was quite a large utlendance of members of ama- teur theatrical companies, the méjority of whom had — come to sympathize with the plaigt:, Mr. Thomas F. | Clark» Among these were Colonel Joho Vakey and bi charming wife, who appeared voluntariiy to testily | against what the Colonel ia his bluf, honest style | termed ‘‘a dastardly outrage.” The plainti! was rep- | resented by District Attorney Snet! and Mr. Jobn MH. | Bird, and Mr. Pulman appeared for the aefendant. | Betore commencing business the defendant's counsel | applied for an adjournment on the plea that they de- sired to Subpaona some witnesses that were present | and saw the attack. They gave the names of the | witnesses us Mrs. Silsbee, Mrs. Phillips and Mr. Fellows, Mr, Bird objected, saying that tis further attempt of the delendonis to drag ladies before the puvlic was only im accordance with Mr, Walker's general line of action, Mr. Pulman re- torted and then tnsinuated that he might he abie to WALL STREET GOSSIP, DOUGLAS WALKER FoR AS- | THE BEPORT OF THE DELAWARE AND HUDSON CANAL COMPANY, Yesterday proved quite a lively day among the bulle and bears, as stocks went up and down, by market operations that did not appear to be always based om t. The sensational dealings of the day were ta Western Union, which was steadily beat down trom 697, to 66 by the bear party on the streagth of the Ate juntic and Pacilic changes, THe COAL STOCKS, There was no very heavy dealing in either Delaware and Lackawanna or Delaware and Hudson, and as the most Of the short Interest Waa covered the bull party had no difliculty 1a anticipating the favorable reports | they were promised and the prices steadily advanced, A Henan reporter paid a visit to the office of the Delaware and Hudson Canal Company and asked tor & copy of their report, Lut was politely refused, on the plea that it would not be ready’ before sday, It would probably ha | been more exact if the official had aus “The re. lug it, lke kissing,” ‘zoos by re und wanna Railroad also had @ meeting of directors, and 4 report wus discussed | which they likewise dectined to tarnish to the Huxaro | unt to-ui | something 1 so that in all probability there ia aise that document that they dre atraid will not iluprove on close examination, SOME DELAWARE AXD HCDHON FIGURES, Late in the aficrnoon the HexaLp reporter was fan nished with some figures which are said to belong te the Delaware and Hudson report. They commence by prove through these witnesses that Mr, Walker did not | placing thy capita) stock ut 220,000,000 and the funded commit the fest assault, Judge Walsh finally decided to hear the testimony of Colonel Jonn Oukey and Mrs, Oakey, as hv appreciated the courage of the lady in facing 4 police court and did uot wish to give ber a Tepetition of the uauseating dose, COLONEL OAKRY HINES TO EXPLAIN, Colonel Joun Vakey, ex-couvael tor the Board of Police Commissioners, and ove of the best known men in Brooklyn, gave b's testimony tm his asual dry, good humored style, ay follows:—I never tad avy personat acquaintance with either complainant or de- fendant uoii that evening they appeared before me on | the stage of the Brooklyn Academy of Music; | was | standing in one of the wings, on the lett band side of the stage, looking toward’ ub when the curtain went down ou the screen scene of the “school for Scandal,’ Mr, Thomas F. Clark, the complainant, woo had been playing the part of Joseph Suriace, fan directly in tront of me and | then saw Mr. Walker sirike him twice on the back with a horsewnlp; [ then seized hold of Mr. Walker by the left arm, but he struck two more blows, and, in fact, struck a ‘lady who was standing pear by, with the end of the lash; at tho time of the assault Walker appeared to bo very much exeited apd+frothed at the mout algo exclaimed, “Oh God, let me got at Mr. Waikor did not take any part én the perform- ance on the playbill of the evening; 1 had been f Jarke for somo five or ten miuutes be- be assault was wade; | dia not hear what passed between them e tho biows were struck; [ think there wero present on tho stago ut the time Mrs Beecher, Mrv, Vakey, Mr. Bambargh, Sr, Castner, Mr. Bird, the gas man and some few others; Mr. Clarke uiust bave moved some tour or five fect in the time that elapsed between the first and second blows; the biows fell om Clarke's back as he was running away, and the whole thing was settled tu a minute; 1 did not see Walker put off the stage, us at thut particu. lar moment [ was quieting tho fears of the ladies. Mr, Pultnan, cross-examioing the witness, asked him if he thought the accused was drank, and receiving the uoswer, “If such had been the cuse [ think I would have detected it,” the subjoined question and answer followed :—- Q. If you had been drinking yourself would you have known whether he had been indulging’ A. Ido not know; one breath, however, might kill anotner, but unfortunately | nad not becu driuking. WHAT & /.ADY SAW, ‘The next witoess, Mra. Fanny W. Oakey, deserves the greatest credit for the noble womanty spirit which prompted her to face the annoyance of a police court ou a simple errand of justice, She guyo ber evidence in a clear and rather musical voice as fol —l am the wife of the last witness, and on the evening in question played the part of Mra, Henry Dove in the comedy of “Married Life;’? | was standing near ny husband at the conclusion of the “screen scene.” and hearing w noise jovked up and suw Mir. Walker Tush across tho stage from tho right to the lett, holding io bis hand a bluck borsewhip; saw him strike several blows at Mr. Clarko, whose back was turned toward him at the time; I heard no words pass between them, and to the best of my the blows were struck without a word of warning; one time when Walker struck a blow at Clarke tho end of the lash of the whip touched my nt shoulde: veral people then rushed up and svcured Walker; the mun used the whip o recklessly that I was struck; 1 have not been subparnned os a witness; I came tw testily of my own free will, In the cross-examination Mra. Oakey said:—When I first. heard the noise on the stage I did vot pay much attention, as 1 thought it was nothing serious; the touch trom the whip that 1 received did not burt me; lappeared wich the Amaranth that evening for the first time in four yeurs, and | uever saw Mr, Cuurke before that evening; the performance was given in aid of Mr. Leouard St. Georgo, a gentieman vory weil known in amateur dramatic circies, The counsel tl cousulted with Justice Walsh, and it was Qually decided to adjourn the ¢xaminatio: until Wednesday, morning, at ten o'clock. Sherif Daggett furutshed $500 bail for Mr. Walker's appe: wuce atthe appointed time. EXPLORING THE METROPOLIS—ANOTHER VISIT TO THE THEATRE. Our Russian visitors spent another quiet day yes- terday, Their priucipal occupation during dayhght ms to be exploration of the city, with a view'to be- coming familiar with the localitios, They received few visitors, although scores of cards and epistles of various character are sent up to them. Yesterday, shortly after a late breakfast, the Grand Dake Alexis started out for a walk, and remained away from the hotel, taking in the upper part of tho city, during the greater part of the afternoon, During his absenco the Grand Duke Constantine and the other membors of the ducal party ‘went out to enjoy a leisure ramble, After dinner the Grand Dukes called on the ‘Grand Duchess”? at the Fagle Theatre, ut which place of jusement they occupied the two lower boxes of the first ter at the left of the stage, Mile, Aimée was an- nounced to sing in the title rdle of the opera, but when the imperial party reached the theatre they were con- fronted with a notice which informed them that the Prims doona was unwell, and therefore unable to sing that evening. Tho Grand Duke Alexis lett at the end ol the first act, his cousin remaining throughout the performunce, Tho later then paid a short visit to the Union Club. AIMER: The real cause of the tuir Aiméo’s sickness was sajd to be the loss of -her favorite black and tun terrier, whieh canine tolaed lis tail liko the Arabs their tents, and silently stole away from bis mistress on Sunday afvernoon, while the latter was giviag him an airing on Fourth avenue, This loss affected Mile. Aimée to sach Qn extent that she was compelled to cecline to perform for the imperial party, and sent the dogged excuse that she had a cold, YO ATTEND THE MARTHA WASKINGTON RECEPTION. The reception commitico of the Martha Waso:ngton party, which will take place at the Academy on Thurs- day might, invited their Highuexses aod suite to be present and the Grand Dukes have signified their Jnteation to accept tho invitation, They will send their acceptances to the committoe to-day, The Kussian Ministor will probably ve on from Washtmgion to join the party on the occas on. The Dukes will occupy a box to bo decorated in their honor, THE SMUGGLERS’ PARADISE, per. On the 3d inst, the Treasury officials, undor Special Agent Cuptain Bracket, tracked a lot of sugar, smug- gled on the bark Gomez de Castro, to the juuk store of Roger Costelio, in Commercial strect, Brooklyn, and, being satisfied that the staple was contraband, seized eleven barrels aud stored it in the Custom House. In due course of time the sugat was advertised for sale, the burk seized (under section 50 of the Revi Statutes), and the case reterred to the Treasury De- partment. Yesterday the decision of the Secretary of the Treasury was received, by which a tine of $50 was imposed upon the captain of the vessel, D, Sacra- mento, aud a similar penalty upon the mate, which having been patd the vessel was released. Iti regard to the cleveu barrels of sugar se:zed from ieruitic protest was tiled ia the Cul- In this document the tests against the sale of the cleven barrely of sugar seized on his premises, wad to be sold on the luth inst, On the ground that “suid suger was purchased py Lim in a regular way from ficensed dealers aud olbers, Without any Knowledge on bis part that the sugar had wot paid mny duty,” and he turther a that “he can show that a portion of ihe same wi chased from ‘private families.’’ The protest was 1 the sale uf the property postponed LIQUOR ANO BILGR WATER. An account of the seizuro of an eignt: brandy, w sixty-gallou cask of rod wine, four filtecu- gullou ‘and one ten-gailon cask of brandy was pub- ned tu the Heath of the 16uh inst, as having been liqaor was taken from the Itahan bark Galseppa tucco and stored tn the Custom House. Yesterday the story assumed ® Dew phage, hot in regard to the attempted snuggle but as to the owl 1p. It ape pars that tn igneos of the vessel, Messrs. Reuauld, Francois & Co, wore the owners of the ea- ure cargo of liquors carried on the Rocco, und alter order to tauke up the guage bad filled in so much bilge The stolen hquor was put 1a the packages une water, which had been tuken on board aud stowed uwu der the cout and old junk, where tho C official bad fuuod and seized ther Hest, seized guods as their propel pellant pro- | gallon pipe of | A | th debt at $15,116,450. In the way of assets the follow. ing Ogures appear:—Miscellancous bonds and stocks, including among others, Boston, Hartiora and Erie bonds, $1,256,208; New York and Canada Kailroad stock, $3,507,080; bills payable, $855,000; bills received, $2,002, cush on hand, $624,584; depositors, $634,318, The above assets amount tn all to $9,020,487, and probably comprise the miscellaneous assets about which there bas been so much iaquiry, Real estate inventories are placed at the bandsome valuation of $8,532,873, and then comes the magnificent total of $20,000,000 us th estimated value of their coal lands a real eatate, As this ves about $11,467,127 tu coul lands the company have plenty of Profitable occupation*belore them mining the eoal and Supplying tho public and their leased roads at tl ent prices. On the whole, tho President speaks vlowtog language of the brilliant prospect betore them, and coucludes by stating that, notwithstanding the lust of $555,045 through thei leased roads, they have cleared a ape of $308,020 over and above all divi+ dends, rentals and other chargea. It hardly aston. thing that, wiih such a prospective report in view, the common stock went up about four per cent, but does not explain the sales of 5,000 177 bonds (with tw@ months? interest accrued) at 97 that were made yes- terdwy afternoon. THE BOND ROBBERY. Nothing has yet been heard of tue bonds and other securities that wore so mysteriously spirited aw: from the banking bouse of James G. King's Sens, but it was reported late yestorday atternoon that the do- tectives ure sanguine abuut recovering the entire lo. JUDGE DONCHUE’S BLUNDER, New York, Feb, 19, 187% To rue Error oy Tue Henaip:— ‘The facts narrated in your report yesterday oatitled “A Canal War’ constituie evidence at once of the ex- treme caution which @ judge should always use before signing any paper connected with a *motion,’’ | and of the pernicious and (to others) costly conse. quences luble to result from fulure to use such caution, Of course, the Judge’s ‘‘vacation’” of tho ‘‘order’’ referred to because the order was ‘tin+ advervently granted’’ is ail the explanation we can ex- pect from him; but, novertholess, between the issue of the order and that of the vacation a great deal of lost was inflicted on those who ought ne 0 expoct thai a mistake of the Supreme Court should depreciate their property. ‘The officers of the Delaware and Hudson Canal Com. pany owe ii to the stockhold to make u thorough public Investigation of this whole affair, and also to tell why oue per cent per twenty-four hours is paid ow the Stock Exchange for the use of the stock, I dopiore the action of the Supreme Court in this in- stunoe, not only on principle, but because its actioa 8 cuused mo considerable loss, and I assure you | am one ofa number of stockholders who are likewise lowers. Since the days of Black Friday the pupeeine Court lett out of Wall street pusi- its reimtroduction, PRESIDENT FROST HEARD FROM, ‘Tho following communication from Luther W. Frost, former President of the Continental Life Insurance Company, is addressed to Mr. Stephen English, editor of the Insurance Times. Itisthe tirst that has beem publicly heard from Mr, Frost since the investigation of his company commenced and will be read, there. fore, with interest :— New Yorx, Fe My Dean 8im—l am moved to write yout! in view of my former cordiab relati from what L consider to who is desirous of insurance uu to suspend judgment of ime ui actions ia connection with the inunagement of pany of which L was the Jato vrosideut. I consider thas the course of some members of the daily press of New York reference to myself, in my oficial capacity, t unjust, untale and, I may say, wieked. 1 can hat from the time Iw as 0 yentionan editor of une ol to say Ie merely of my com with Akos Were nude Was W necessary col not one of ws is perfect. ‘To err ty human. ence to auy charges or insinuations that mm made impunging my character for honesty in connection with the manayement of the company I denounce them a mteHe. ‘yaelf in this rezard T can with equal ‘ate concerning the other officers and company. | do fully and truly have "buen wctunted by ‘cou- to act und honestly tow: best. Interests of the policy holders aud Whatever compensation 1 huve recel y earnod at fr 7 ye Al superintendent aud agent, 1 accordance with my contracts with the former presideus can be produced) and during latter years {i ty position as president, compensatiog ww received by me bas ve by no moans, as large aos ‘offered und urged ‘upon mo. by other and. Crs compante: both before and sin LI wha. the Const Lits Furthermore, whatever inwy have contrary, 1 wish to say distinetly | that would have givon me greater sutisfaction and have Teliablinationuf the eompany at any time wad my intense regret that the over- myself since tte susper tures of tae wen ‘with menus aod suterprise trom the West- who, as is well known, stood ready, and even ouxious, for many weeks to advance the amount requisite for the ecompiishment sult so ° desirable to all concerned, aud to assure the management Of the affairs of the company—should have been rejectud by the Court, qualled by my feelings of loath= ing und hatred yal and utters), whose damnable 1 caused such rejection, at whenever so advised by out cy connected with me in this formal charges that and 0 to moet ony 10 mo for this lengthy communicns tion,” aud wot d with your well known desire anil intention tu deat justly wad fuariy by and with ail we you will “think of mo as Lam—Nothing extenuate, nor sei Gown aught in malice.” Lam, dene Sie, with yroat Fespect very truly yours, LW. FROST. THE NEW BOARD OF BROKERS, Tho New York Open Bourd of Stock Brokers met yesterday afternoon at balt-past three o'clock in the upstairs dining room of the road street Delmonico’s, There was a large attendance of members, the majority of whom were men well known onthe street andin the Gold Roow, and tor some few minutes betore the meot. ing was calied to order they crowded around the secres tary's desk In order to sign the constitution and pay their initiation fees. The Chairman, Mr. J. F. Unders hill, finally callea the meeting vo order, and then made # lew remarks to jock that the meeting bad bees called lor the purpose of electing thelr officers, but as Committees on Nominations was baraly ready it was thought advisable to wait for a day or two until their membership shouid ve complete aad every> thing ready to insure the success of their enterprise, Mr. Hartiman, on beball of the Committee on Nomle nations, said , 48 yet, thoy had not agreed upon the tull'list of nominations, and, on motion, it was de- cided to hold the election of officers on Wednesday next, between the hours of two? M, and tour P.M. in the New strect room of the building they were now fo, The Chairman (Mr. Underhill) then stated that at Present they had 200 members, and there were still 100 Dames Ot good men anxious to join the Board. He thought it would be auvisablo to increase their mem- bersbip to 400, as the extra 100 would cortamiy bring them more, and that was what they were looking tor. A motion was then made and passed that th mittee on Admissions be empowered to increase tl lyst of sabserivers trom 200 ww 300, ‘The Chairinan then read the names of fifty gentle. who had been approved by the Committes on nissions, and ay there were one oF two objections to tie Of the names read, a motion was made by Mr. Harriman aud carried that ali objections be made te the Committees on Admissions betore two P. M. to-day, Mr. Landon, of the Committee on Buildings, re- ported that they had not yet vegotiated for any pers wauent vuilding. ‘hey lad two or turee in view, aud have the refusal of tho most desirable until femere ‘Phere was Do building in tue steeet at prosent eligible, There w mporary quarters to be bad on the of Exchange William street and on the cor nor of Exchunge piace and Broad street. A very con. venient building on the same block that # were how iu coald be had for 810,000 per annam, The cor mittee would like to have autnority te close with the oller they had received, a# other parties were also trying to secure it, ‘Ga ‘motion of Mr. Miller the Chair was ordered to wppoint a building committes of tive, with power to secure @ temporary sod ae ent building. The Chairman Was also appointed a member of this come ‘The Chairman th iY there are some fine points of law invoived in tho mat. Dariment tor svlutiva, t tor the question has been rojerred4o the Troasury De- | + jittee, 3H informed the meeting that nee members who had not signed the constitution wot to do su any time to-day at the office of No, 04 Wai sires, Adjourned,