The New York Herald Newspaper, February 5, 1879, Page 3

“WASHINGTON. Debate on the Army Bill in the House. SENATOR EDMONDS RESOLUTIONS. Reports on the South Carolina Senatorship. “LITTLE JOKERS” IN THE PAL TT) STATE. Value of Alaska as Given by a Special Agent. GENERAL WASHINGTON DESPATCHES, WasurxcTon, Feb. 4, 1879. THE SOUTH CAROLINA CONTESTED SENATOR- SHIP—MAJOBITY AND MINORITY REPORTS OF THE SENATE PRIVILEGES AND BLECTIONS COM- MITTEE. ” The majority report of the Senate Privileges and Elections Committco on the Corbin-Butler case, which, together with the minority report, was sub- mitted to the Sonate to-day,.is quite lengthy, cover- Ing some twenty-three pages of printed matter. The following are the salient points :— The case was referred to the committee on the Tth of March, 1877, but no action was had during tho called session. On the 30th of November, 187i—Con- gress having met on the 15th of October—on a motion of Mr. Thurman the committee was discharged from the further consideration of the credentials of Mr. Butler. On the 13th of December Mr. Corbin’s peti- tion to the Senate, asking that his claim to a soat be considered on its merits, was presented, and on the 26th of March following was roferred to the com- mittee. At the very ontsct of the examination of Mr. Corbin’s claim the committee were met with a pico as to their jurisdiction submitted by Mr. Butler’s counsel, who held that the case had been ad- pitene by the Senate at the first session of the ‘orty-fitth Congress. This plea was overruled on the ground that it was not supported by facts. The claim of Mr. Corbin was not res » 180 in point of fact it had not been passed upon and ad- jidicated, by the Senate. The credentials of Mr. Cor in have been with the committee up to the present time, and no case hns in any form been mado be- tween Mr. Corbin and Mr. Butler and submitted to the Senate to be passed upon, So holding, the com- mittee proceeded to inquire into the grounds of Mr. Corbin’s claim to a seat as Senator from South Carolina. The history of the dual legislatures in South Caro- lina, which met November 28, 1876, at Columbia, is Teviewed up to the point where Mr. Corbin was chosen United States Senator by the Sonate and Bouso in the State House. The report continues:— His credentials were signed by Governor Chamber- Jain on the 18th of December, 1876. ‘That hoe wns Governor at that time is unquestioned, Governor Hampton not claiming to be Governor until the time of his inauguration, December 14. ‘Was the lection of Mr. Corbin valid? No A emp has ever been made as to the complete validity as a legislative body and a consti- tuent House of the General Assembly, of the Senate which sat in the State House and co-operated with the House, in which Mr. Corbin received a majority of votes. No other body claimed to be the Senate. ‘The action of this Senate, therefore, was valid, and need not be discussed. The question whether the House was a lawful body is next considered. The constitution of the State provides that'the House shall consist of 124 members, and that cach House shall judge of the election returns and qualiti- cations of its own members. At the election on the ‘jth of November, 1876, 124 persons were to be voted for as members of the House. Of this number tho Board of State Canvassers declared that only 116 were duly elected, and the Secretary of State issued certificates of clection to only 116. Of the 116 thus holding certificates fitty-ninc took part in the organi- ion of the House, which met in tho State House November 2s, ity of all those ‘declared elected by ‘tho Board of Canvassers and holding certificates from the Secretary of State, If this House was a legal body on tho day of its organization it continned to bea iste ae until its final adjournment, December i, ‘The question whether a majority of the whole number of possible Representatives or a majority of those actually chosen is discussed by the committeo at considerable length and decided in favor of the lat- ter position by the action of the Senate, which decided by a vote of 16 to 14, May 4, 1864, “that a quorum of the Senate consists of a majority of the Senators duly chosen.’’ This decision has Bince been adopted ‘by the Senate as a permanent rule, and now appears in Rule 1, The question was first maturely consid- ered by the House in the Thirty-seventh Congress, when a quorum consisting of a majority of the mem- bers chosen was sustained by the Houee. Other an- thorities of high character are cited in support of this view. The action of the Supreme Court of South Carolina in declaring that sixty-three mem- bers wero required to constitute a quorum is met with the argument that the Court had no jurisdic- tion and its declaration is a mere empty oliter dictum, The committee next take up tho action of the Board of Canvassers, and the conclusion is reached that their action, whieh may properly be described 86 a reference of a disputed matter to the body which bad by law a right to pass finally upon it, was legal. After a further consideratién of the legal points of the case and frequent reference to authorities the committoe say :— ‘This House, in connection with the unquestioned Senate, constituting together as they did the Legis- lature of South Carolina, proceeded on the 12th day of December, 1876, to the election of a Senator to nt that State in the Senate of the United States for the term of six years, to com- mence on the 4th of March, 1877. The election was duly held, duly determined and declared and D. T. orbin was duly and formully declared elected Sen- jor, and subsequently he was duly commissioned as such by the Governor of the State. He therefore entitied on the merits of his case to #seatin the Senate as a Senator from, South Carolina for a term of six years, commencing ‘h 4, anno domini 1877. The defects in Mr. Butler's title are summarized os follows:— There was no vacancy at the time of his clection on December 19, as Mr. Corbin had been lawfully elected on the 13th. The House of Representatives that assumed to elect him had no quorum at the time of its organizetion and no lawful quorum thereafter. The single and isolated House of Repre- sentatives of South Carolina cannot by any proccss of rensoving'be held to constitute the Legistature of the State, Wallace House had no Senate to recognize it. . Standing isoluted and alone it could originate no lawful action; it could no more elect Po be her it oe on rg Ln) it did not, in ct, during iis whole seasion, ‘any legislative act or pretend that it could do any. " The following reeolution is stibmitted as the de- termination of the committee upon the merits of this controversy :— Kesolved, That D. T. Corbin was, on tho 19th day ot A. D. 18%6, duly olected by the Legis- lature of the State of South Carolina a Senator from that State in the Conyress of the United States for the torm of nix years, commencing on the 4th da; of March, A. D, 1877, and that seh he is ontitted, to have the oath of ofi¢s administered to him. Tho minority report, which is signed by Messrs, Merrimon, Saulsbury and Hill, takes the position that the whole case was presented to the Senute at the time Mr. Butler was admitted to the seat; that no new evidence is claimed to be presented, and that it is but a request. to tho Senate to revote upon « question which it has once forinally decided. If, however, © majority of tho Senate differ from the view presented, and shall, without precedent, without law and without reason determine to re-examine on its merits the title of Mr. Corbin to the seat, they submit that the for- mer decision excluding him from the seat was right and onght not to be reversed. ‘The minority take the ground that sixty-three tmombers, a majority of the entire number of Rep resentatives provided for by the constitution of the State, are necessary to constitute # quoruin, and that Mr. Corbin was therefore not duly clected. It is also claimed that tho facts in the case show very plainly that the Board of State Oanvassers were guilty of & disreputable attempt by moro trickery to defeat the result of the election by the people, and such conduct should not receive the countenance of tho Senate. THE DUAINE INVESTIGATION—Mm, £. Ww. XK. MACKEY TRLLS THE STORY OF TRE ELECTION IN SOUTH CAROLINA AND HIS DEFRAT—LES- HONS IN RASOALITY LMABNED PROM THE uR- PUBLICANS DY DEMOCRATS. The committes, of which Mr, Teller ia chairman, NEW YORK HERALD, WEDNESDAY, FEBRUARY 5, 1879.-TRIPLE SHEET. this morning examined E. W. N. Mackey. He testified that he is native of Charleston, 8. C., and has re- sided there all his ilfe; during the late election he was a candidate for Congress from that district, and took an active part im the canvass; he gave & genera! history of the campeign, saying, among other things, that before the election a committee of republicans waited on’ Governor Hamp. ton, who assured them that he would act fairly inthe appointment of commissioners and give one republi- can to two democrats in each county; in the thirty- two counties of the State, however, only five or sfx republicans were appointed; severa) of these re- signed because the democrats would not allow them to take part in the proceedings of the Board; the witness did not believe that the republicans had a single manager of election in the 400 precincts; when the republican party was in power it always gave the democrats a fair representation on the boards of commissioners of election and managers; in the last election, for the first time in the history of the State, the election officers were almost all, if not entirely, of one political party; the democrats did not hold more than eight or nine meetings outside of Charleston. It was utterly impossible to reach more than one-half or one-third the voters in that way, The pretext of the democrats was that they could reach colored republicans only by attending repub- lican meetings and claiming a right to take part in the discussions. The republi- cans had no objection to thisfwhen democrats came peaceably, because they always profited by such interference; the republicans nad every reason to believe that they would be successful in tho elec- tion, as they were more united than ever, while the democrats were somewhat apathetic and less ‘activo than in 1876; the republicans certainly believed they had carriea the county. In the procession that met Governor Hampton in Charleston there were only ninety-nine colored men, and in the representation of the Third ward, which gave the largest democratic majority, there was only one colored man. Some of the colored men who put on red shirts said they did so because they werd paid $2 a day for their services. The witness ex- plained how the democrats abolished voting places, to the detriment of the republicans, and stated other means by which democrats prevented a large number of republicans from voting; the wit- ness took occasion to deny the truth of testimony taken in Charleston, that he had received a message saying that 250 colored mon had just voted and would be sent down to him again to vote; he re- ceived no such message; the witnoss testified that he had been informed from different sources that tho democrats would make use of tissuo tickets with which they would stuff the ballot boxes and throw out republican tickets as a part of their programme to defraud the republicans; Mr. Bowen, with whom he consulted, thought it would be well to go to the chairman of the Democratic Committeo and seo whether the printing of tissue tickets could not be stopped, but the witness thought the better way would be to have a large poster printed warning republicans against domocratic ballot stuffing, the democrats having had a large number of tissue tickets printed for that purpose; just as fust as the posters were pnt up they were pulled down, but others were distributed during the night. The witness, in order to counteract the democrats, had 5,000 tissue tickets printed, and these were to be used only in the event that the republicans were certain that the democrats were using tissue tickets; it appeared to be the plan of the democrats to use such tickets, but the plan was not carried out entirely, owing, a8 the witness thought, to tho warning he bad given and the vigil- ance of republican overseers at the polls; some fow of the republican tissue tickets had been given out the night before the election, and six of them only were voted in the entire city of Charleston; none were sent out of that city; fully four thousand of such tickets were in the package handed by the witness to Senator Teller, the chairman of this com- mittee, ‘i The witness showed the difference between the figures on the supervisors’ and the managers’ poll lists respectively, and stated the whole vote of Charleston at the election in 1865 was 15,542, includ ing the 865 votes that were cast at the Washington Engine House, where the ballot box was destroyed; in 1876 the ontire vote was 12,333, when moro stren- uous efforts were made by the democrats than in the late elections. ‘ The republicans carried the only two polls in Charleston whero the democrats did not use tissue tickets and the democrats carried those where they used such tickots. The witness said that whenever he conversed with democrats they would remark it was very foolish for him to ran for Congress or take part in the elections, as the democrats had all the machinery of election and therefore could count re- publicans out of the way, and whenever the witness made a protest against such declarations the demo- crats would reply that the witness should not speak in that manner. Thoy said:. “You republicans taught such things to us; you used todo so when yon were in power and wanted votes in your own way; we now have the sppoint- ment of election officers and the counting of the votes." ‘The witness having been cross-examined by Sena tor McDonald, said he heard on Sunday preceding the election, that the democrats were going to use tissue ‘tickets; this information came from a democrat through a republican, but he could not tell his name as he was in the employment of the city government and might be discharged; in coming to the conclusion with Mr. Bowen to have printed tickets they did so witha view of counteracting the democrats so that when the democrats came to taking tickets out of the ballot boxes they could not discriminate between the two kinds of tickets; he did not know how the democrats couid get an undue number of tissue tickets into the boxes, but he believed they were printed by the democrats for fraudulent purpoees; the republicans did vot intend to use their tissue tickets except in a legitimate way and for the reason already stated. The witness in reply to Senator Teller ssid that in many cases persons who had mede complaint of irregularities had been arrested by State authorities, while not a single election manager or other person had been arrested on account of irregularities, BR. M. Wallace, United Statcs Marshal for South Carolina, testified to facts eimilar to those alleged by Mr. Mackey. The committes adjourned till to-morrow morning, THE POTTER INVESTIGATION—LABORS OF THE SUB-COMMITTEE IN NEW YORK TU COMMENCE ‘T0-DaY. The Pottor Investigating Committee met st 11:30 this morning, and were in secret session for over an hour. The principal subject discussed was the con- stitution of the sub-committees appointed to take testimony in New York, Mr. McMahon, who was solected-as chairman, and Mr. Cox, both pleading that business engagements prevented their leaving Washington at the present time, General Hunton’s name was suggested as chairman, und that gentleman was requested to fill the position, but for some reavon, probably because of his connoction with the Electoral Commission, he appeared disinclined to do #0. Then it was spparently decided that Mr. Stenger should act as chairman, and Mr. Blackburn be appointed a member of the sub-committee in place of Mr. McMahon. The result of this morn- ing’s secret session, however, is that General Hunton has consented to take Mr. McMahon's place and will act as chairman, and that Mr. Reed has been ap- pointed as. substitute for Mr. Cox. The question as to when the sub-committes should commence their work wae noxt discussed. It was suggested that until they had the photo-lithographed despatches in hand there would be diMculty in con- ducting the investigation and none of these had been completed. This morning tho lithographed copies of the Florida despatches wero handed in, and General Butler suggestod that the sub-committees might commence with these, Mr. Potter thought they had better wait until the whole wore finished, for the reason tliat the same men were mixed upin more than one of the divi- sions in which tho ciphers have been classed, and that to take tho despatches piccemeal would neces- sitate the calling of these men to the stand, perhaps half a dozen times, It was intimated that by this evening the Uthographing of the South Carolina despatches would also be Mnished, and, upon learn- ing this, the majority of tho committee were in favor of adopting General Butler's suggestion. The sub- committee, which mow consists of Mcssrs, Hunton (chairman), Springer, Stenger, Hiseock and Reed, will therefore leave Washington this even- ing and will commence the investiga- tion ‘of the Florida aud South Carolina despatches at twelve o'clock to-morrow. Owing to the room in the Post Office building which was pre- viously used by the Potter Committee being occu- pied by the Davenport committee, rooms have been engaged at the Fifth Avenue Hotel, and there the meetings of the sub-committee will be held. Mr. Smith Weed will be the first witness called, and he will be followed by Messrs. Pelton and Marble Whether Governor Tilden will be called has not yet been decided, The rest of the committee will meet here at eleven o’clock to-morrow and continue the St. Martin branch of the investigation, with Maddox as the first witness. Judge Southwood, it is said, will not be called, but he has not yet been dismissed from at- tendance, THE NAVAL INVESTIGATION—MR, WHITTHOBNE'S REPORT. Representative Whitthorne, chairman of the House Committee on Naval Affairs, to-day read the .report prepared by him for the signatures of the majority of the committee, relative to tho investigation of the Navy Department under the administration of ex-Secretary Robeson, Which has just been concluded. The report charges that under Mr. Robeson's administration the Navy Dopartment was greatly mismanaged, and calls the attention of the President to this fact and leaves fur- ther precedure in the affair to his discretion. The minority report will be completed by ‘Thursday. THE INDIAN TERRITORY--FAVORABLE REPORT ON OPENING UP THE COUNTRY TO SETTLE- MENT. The Sonate committees who have had uncer consid- eration the matter of opening the Indian Territory | met this evening aud agreed unanimously upon an affirmative report. A sub-committee was appointed to report @ bill embracing the following points:— First—o establish a United States Court within the Indian Territory for the better protection of life and property, with the same powers and jurisdiction of other United States courts. ‘Sroomd—That each ot tho five civilized nations be allowed to send a delegate to Congress. Third—That the lands now held in common by the tribes can be divided in severalty ainong the Indians, It is understood that all the members of the com- mittee are in favor of opening all government lands, both in the Indian Territory and elsewhere, to pre emption and sctticment, and that a general measure to that effect will be reported at the next meeting o! the committee, ‘. VALUE OF ALASKA--BEPOBT OF SPECIAL AGENT WILLIAM GOUVERNEUR MORRIS. Areport on Alaska just made by Major William Gouverneur Morris, special agent of the Treasury Department, was received by the Senate from tho Secretary of the Treasury to-day and ordered to be printed. It is » lengthy document, comprising at least a thousand pages of manuscript, and is copi- ously illustrated with maps and sketches of thecoun- try. The report is very comprehensive and presents agreat number of details regarding the resources of the Territory, tending to show that it is very far from a worthless country. Major Morris reports that there is ample evidence of the existence of rich mines of gold, silver and copper in Alaska (although their pre- cise location is not given). He furnishes on extended description of the valuable fisheries and timber re- sources of the Territory. Considerable space is devoted to.the subject of the disputed boundary line between Alaska and British Columbia, and after reporting a mass of information on the subject the suggestion is made that Congress should take the necessary stops to settle the dispute with Great Britain by means of a joint commission. The present chaotic condition of affairs in Alaska is fully ect forth, and the establishment of some sort of civil government for the Territory carnestly ad- vocated. Figures are presented to show that the United States government now receives annually from the Alaska Commercial Company an amount equal to more than four per cent upon the original cost of the territory, which was $7,200,000. ‘The conduct of affairs by this company is, in generdl terms, commendod, and in the absence of specific proof it is acquitted of any orgunizod attempt to re- tard settloment and development of the territory. The cost of maintaining the customs service in Alaska since it was first established is shown to have been only fifty per cent more than the receipts, and as the customs district was created for purposes of general protection, and not of local revenue, the Proposition for its discontinuance is pronounced unwise, Major Morris urges the construction of a new vessel for revenue marine service on the Pacific const, there being at present not one which is adapted for extended cruises in Alaskin waters. Many interesting facts are given concerning the Indian tribes of the coast and interior, As regards the former an opinion is expressed that they should be kept under control, not by the military, but by means of gunboats, of which they stand in great dread. In conclusion, Major Morris warmly enlo- gizes the efforts of the Board of Presbyterian Home Missions to introduce schools and teachers in tho Territory, and Congress is urged to aid in this laud- able and Christian enterprise. CERTIFICATES OF DEPOSITS, The Senate Committee on Finance to-day agreed to recommend the passage of the Honse bill author- izing the issuance of government certificates of de- posits in sums of $10 and upward, to bear interest at three per cent, and to be exchangeable for four per cent bonds, with an amendment to increase the rate of interest to 3.65 per cent. PROCEEDINGS OF CONGRESS. SENATE, . Wasntxatox, Feb. 4, 1879. Mr. Haury, (rep.) of Me., said he was present at the executive session of the Senate yosterday and voted upon the nomination of Mr. Morritt. He had an engagement and left the chamber. For the life of him he could not think how it was that he left with- out thinking that there was to be a voto on another nomination. Ho reached bis lodgings, and it was then, when he saw the light on tho Capitol, that he remembered another voto was to follow. He ro- turned immediately, but did not reach the ‘Seunto prior to adjournment. Thero wero pre@edents for such a request, and he asked that he now be allowed to vote against the nomination of Mr. Burt, as he was opposed to the change. Mr. Morntut, (rep.) of Vt., said he did not object to the request of the Senator, but he knew of no precedent for such action. Mr. Hams.1x—Oh, yes; there are precedents. His voto was recorded as requested. BRAZILIAN SUBSIDY, Mr. Maxrr, (dem.) of Texas, from the Committee on Post Offices and Post Roads, reported an amend- ment agreed to by that committes to the Post Ofice Appropriation bill, authorizing the Postmaster Gen- eral to contract for mail communication semi- monthly between the United States and Brazil by means of two monthly lines of first class sea-going steamships; tho first to ny between Now York and Rio Janeiro, touching at Norfolk, Va.,: St. Thomas, Para, Pernambuco and Babia; second of said lines to ply between New Orieans and Rio Janeiro, touching at Galveston and such ports in the United States, the West Indices and Brad asthe Postmaster Genoral may deem n and expedient, each egensary line tovrecerve @ subsidy of $150,000 per annum, ferred to the Committee on Appropriations, THE SOUTH CAROLINA SENATORSHIP. Mr. CAMERON, .) of Wis., from the inajority of the Committees on viloges and Elections, submitted a report, signed by the republican members of the committee, in favor of seating Mr. Corbin as Senator from South Cee phere g gree by the followi: reaso: That said David T. Corbin was on the 12t! day of December, A. D. 1876, duly elected by tho Legisiature of the State of South Carolina a Senator from that State for the term of six years, commencing on the 4th of March, A. D. 1877, and that as such ho is entitled to have the oath of office administered.” Placed on the calendar, Mr. Hitt, (dem.) of Ga., from the minority of the committes, subinitted a minority report, signed by the democratic members of the committee, in favor of M.O. Butler, who now holds the seat. Ontercd that it be printed and placed on the calendar with the majority report. THR NICARAGUAN CLAIMS, = * Mr. Matrirws, (rep.) of Ohio, from the Committes on Foreign Kelations, reported back @ number of pe- titions in regard to claime againet the Nicaraguan government, with the following resolution: Rosolved, Thut a select committee of flve Senators be ap- jointed by the Lresident of the Senate, who shall sit dur Ii tho recess uf Congress, to Inquire Into ell elnimy of eit: igone of the United States against tho government of agua for indemnity for lives of relatives taken, is and other personal injuries infieted, and property, injured of dest which have heretofore boon fled in the Departm: now remain pendin, Miofiedd ai in and determi! hi io ‘and to whet persone the government ‘of Nisatee Re- menos ua is liable to make com ion ind report ith thecvtdeuce in ref to Conjzress at its next session. And said committee shall give such public notice as it may deem necessary of the times and places. when and where it will rit to hoar said lai in sapport of the same, and shall pervons and papers and to administer ‘obtain and use all proof relative tment of State and sueh other in interest may produce and offer that it may deom pertinent thereto. It shall have power to ono clerk, who shall be # stenographer, and the penses of said committee sali be paid out of nt fund of the Senate. It was placed on the calendar, Mr. Evaunps, (rop.) of Vt., gave notice that at the earliest opportunity he would call up the joint reso- lution proposing an amendmeat to the constitution of the United States prohibiting the payment of claims of disloyal persons for property injured or Genmores in the late war of the rebellion. Mr. Wixnom, (rep.) of Miun., gave notice that. on Friday next he would call up his resolution in regara to the migration of colored people for the purpose of submitting some remarks thereon. THE EDMUNDS RESOLUTIONS. The Senate then resumed the consideration of un- finished business, being the resolutions of Mr. Ed- munds, of Vermont, declaring the vulidity of the thirteenth, fourteenth and fifteenth amendments to the constitution, ‘ Mr. Bayaxp, (lem.) of Del., said, in as few words as possible, he desired to give his reasons for disap- proving of the resolutions of the Senator from Ver- mont, though he regretted to occupy the time of the Senate, uow that the session was drawing to. a close, The resolutions did not come under any form of the regular business of the Senate. ‘They were not the result of the deliberations of any committee of the Senate. ‘Chey were not part of the legislative business of the Senate, They were accom- panied by the order ofa caucus and not that from a committee room, They sayored more of party tactics than true statesmanship, and did nothing to relieve the wants of the people of the country. It was remarkable that the first doubt cast upon these constitutional amendments came from the Senator from Vermout himself. Why should theso thrée amendments be singled ont, to receive a confirmation vote of the Senate? It it wore proper for this Senate to declare the validity of these amendments, then another party in power could bring in a resolution declaring their invalidity. To such a doc- trine he could never consent. He quoted from the oath of office taken by all Senators and asked how could additional force bo gained in favor of these amendments when every Senator hed sworn to uphold them. He argued that the amendments had been recognized by the great politi- cal parties of the country in their conventions in 1872, and again im_ 1576, in language too explicit to leave room tor doubt. OBJECT OF THE RESOLUTIONS, ‘The real object of the resolutions was the construc» tion to be given to the amendments. He argned that this was a centralization of power, and agaist noth- ing were we more strongly warned by the founders ‘of our government than the accumulation of powers in any single branch of our government, Armies arranged .to. overthrow a governinent by force were not halt so dangerous as this cubtle attempt to place false construction upon the constitution. It was a design to bring within the control of Congress the civil rights ot the citizen, which had always been intruated to the States, It was a most angerous centralization of power to give to the federal gover: ment that unlimited sway over the rights of citizens which had been left wholly to the State governments, Tt was against every step in that direction ihat he how protested, RECONSTRUCTION LAWS. He then referred to the reconstruction laws and enforcement acts and suid, he still considered them to be wholly without constitutional warrant. In support of his argument he quoted various decisions of the Supreme Court affecting these laws and per- taining to the question of civil rights, privileges and immunities ot citizens, duties and powers of the State and federal governments, &c., and, continuing, he said it would be, as Mr. Madison had said, the very definition of tyranny to hold that judicial and legislative functions could properly exist in a treo laud in the same body, It was untortunate that de- isions of the Supreme Court had been disregarded and laws enected in the very face of them. He referred to os to be tried in the Supreme Court of the United States testing the validity of the Civil Rights law and said these cases could not be tried too soon. If the power claimed in that bill did exist, then tho political party, whichever it be, that got possession of the government, hud almost a limitless ‘and crushing power to sustain itself forever. The whole object ot this resolution was to procure from the Senate an approval of the unconstitutional legis: lation heretofore enacted, against which he struggled im vain at the time of its enactment. All over the Jand there .was not a law in conflict with these smendments. All over the land there was aquies- cence and obedience. All men were equal before the law, but every day we saw the inability of men to avail themselves of their rights, SECTIONAL ANTAGONISM. He believed he could see in these resolations and others of a similar character a dé@sigu to renew doubt, suspicion and distrust on the part of one section of the country against the other. Most of our troubles hadcome from the fact that our countrymen were ignorant of each other. It the exigency of party should cell upon him to raise strife, whatever might be the result, he would be found on the other side ad- vocating peace and good will, and asking our coun- tryman to dwell not upon cach others’ faults; but upon thetr virtues. He would be of no party, he would aid in no legislation that did not recognize the right of every meu in all parts of the country. ‘There was in the unwritten law that which would crush man with indignation who sought to se- cure the domination of party over the pence, the security and rights of the entire American people. SPEECH OF ML. EDMUNDS. Mr. Epatunps said he concarred with his honorable friend Mr. Bayard that every man should have equal rights. If that wes the attitude of his friend and his party then there waa no difference in the parties on the question of equal rights, ‘The only question was how to get them. It had been an accusation against a great many gentlemen who thought as he (Mr. Edmunds) did, when they bad beon appealing tor equal rights, that they were promoting sectional hatred. It was the mission of legislation, somewhere, to gee to it that this equality of all was made real, and should cease to be a hollow pretence under which a mtnority might control States. What was it he had asked the Senate to agree to? Mr. Epmunps here read the first part of his resolu- tions and ask@l was there anything in that which sought to promote discord, His side of the Senate declared that the amendments were legally ratified, but the other side seemed to assert that although they were not logally ratitied they were valid. Any. body who wished to vote upon those two propd tions would have an opportunity to do so. The part: to which he had the honor to belong as a humb trainer in the ranks had always believed in the rights of the States in the Union, But they also believed in the rights of the Union. He then read from the sub- stitute of Mr. Morgan in regard to it being the duty ofthe State to punish violations of these amend- ments, ond then quoted from the Fifteenth amend- nent to show that it was within the power of tho federal government to punish offencers, He denied that the Supreme Court of the United States, in the Reese case, haf decided against the constitutionality of any act of Congress. On the contrary, the Court said that the indictment would have been good had it stated that the man was de- prived of his right to vote on account ot race, color or previous condition of servit: nd it fell clearly within the jurisdiction of th ish the off When a Stat vf law, 3 ¢ judiciat departments, or th ation, fails to give equal the Supreme Court of United States said shad the right to vy that protection against all comers and everywhere. If there was anytning in this liberty of ours, this brotherhood, not only-of State and of communities, but a brother- hood o: man everywhe 1 the State could not protect the man,,then 1 common brotherhood Se of ours should extend its protecting hand. toon file in th evidence ay any party ecutive want of ad- tection to every ‘THE SUPREME CouRT. Te quoted at length from decisions of the Supreme Court of the United States, and argued that there was nothing in them that bore « hair's weight against his resolutions. The Supreme Court of the United States had decided that such laws as Congress hac passed ing out ot the war were themselves the rightful subjects of Congressional legislation. Tt was in aid of home rule; it was in sid of local self- government that the federal government had the power under the constitution te protect the citizens, ‘it was not to overthrow States; it was to support and uphold them. The protection’ of citizens had been lert with the States tor convenience, but when all the States represented in the Senate and all the people represented in the other House of Congress deemed it expedient to exert the federal power they could do so, He deplored the condition of affairs in some of the Southern States and said it wae bearing its necessary fruit, which was bankruptcy, ruin and distress hang- ing over eome of them, on account of which they conld not pay their honest debts. Ho was not for rectifying Seavey Scns section of the country and not in another. Was not the slightest inclina-, tion on the part of Senators on his side of the cham- bor to shut their ayes against real or tmaginary wrong anywhere in Nerth, It was forthe Senate to say whother it was ready to exert its constitutional power for the protection of civil rights that are esvegtial to the existence of the States, Mr. Wire, (dom.) of Md., thon took the floor, but ted to Mr. Garland, of Arkansas, for a motion for in Bxectitive seston, tho motion for an Execntive Mr. EpMUNDS op) sossion and hopea resolutions would bo disposed tom 23, of to-day. The motion of Mr. Garland was agreed yeas, nays, 18, and the Senate then, at half-past four P. M. went into Exectttive session, and, when the doors were ae at @ quarter to five, adjourned until to- morrow. HOUSE OF REPRESENTATIVES, Wasutxaton, Feb. 4, 1879. Mr. Lorrarns, (dem.) of Cal., introduced a bill amending the bill granting arrears of pensions, Re- ferred, Mr. Hannts, (dom.) of Va., asked leave for tho printing of the testimony now being taken in New York by the sub-committee of the Judiciary Com- mittee in relation to tho charges against John L Davenport. Mr. Burumm, (rep.) of Maas., objected. ‘THE ARMY BILI, At half-past twetve P. M. the House, on motion of Mr. SraivGen, of Illinois,.went into Committee of the Whole on the Army Appropriation bill. Mr. Dunnam, (dem.) of Ky., submitted an amend- ment reducing the army to 20,000 enlisted men. He said that. for hia own part he would prefer to have | her against foreign enemies. the number reduced to 10,000, but he might be mis- taken in his idea that that was a sufficient force, and he had thereiore moved to make it 20,000, which was evidently snfiiciont tor the needs of the country. He was he gr ae to the doctrine that because there was a lit bread riot in Baltimore or elsewhere the federal army must be called in to suppress it. That duty belonyed to the State militia, Mr. Warrrnonyr, (dew.) of Tenn., moved to re- duce the number to 15,000, and argued in favor of a better organization of the militia, which was the sure reliance of a popular government. The people should be taught that the country relied upon them for protection. ir. Warr, (rep.) of Conn., opposed the amendment, Tt was idle to talk about relying on the militia, fu the Western States there was no well organized mili- It would be much better to increase the army to 30,000. ° Mr. Conorn, (rep.) of Mich., was surprised that bis friend from Tennessee (Mr. Whitthorne) had neg- lected to mention the navy a8 one of the bulwarks of the nation. That, gentleman had boen for several years Chairman of the inmittee on Naval Aflairs, and hed spent his vacations in building up the navy of the United States, and he (Mr. Conger) was aston- ished to learn trom the gentleman that the navy formed no part of the defences of the country. He wished that there was # chairman of the Naval Com- mittee who would stand by the navy and honor and glorify it. How pleasantly foreign nations would quote the rernarks of the Chairman of th mumittes on Naval Affairs of the United States House of Repre- sentatives when in speaking of national defences, he had not alluded to the nayy at all. Mr, Wurrruorsr, of Tennessee, replied that since he had read the remarks of .he Senator from Maine (Mr. Blaine)—if he had had no other prior conviction on the subjoct—he would have been sure that there was no navy to talk about. It might be that he had thet opinion now, but he would say to his frend from Michigan (Mr, Conger) that in using the general term militia he had used it a6 referring to the body of the people, from whom were recruited the forces on land and sea, It wes to the people he looked for defence rather than to any organized force. He believed that 11 gevernments should depend upon tho support affection und patriotism of tne citizens; that support would give nerve aud strength to its army whenever einergency culled for it and required it. He had no hostile feeling to army, but he had a love tor the popular institntious of the country, and, relying on them, he believed for one that the people of the United States would in futare march forward in such progress as had never been equalled in the past hstagy of the world. Believing that the people might be trusted, he would provide for no agency or force whatever for the support of the government beyond what was necessary to pro- tect its property and defend it against foreign enemies. After a long debate, in which the democrats, with the exception of the representatives trom Texas, favored tue amendment and the republicans opposed it, the vote was taken on Mr, Whitthorne’s amendment and it was di a. Mr. Cox, (dem.) of N. ¥., moved to amend by fixing the force at 17,000, His friend from New York (Mr. Hewitt) dad given as the reason why the bill pro- vided for 25,000 that the Senate would not agree to what the House demanded. He (Mr. Cox) did not Jay much emphasis on that sort of reasoning. The House was the popular branch, and should bé first consulted and always consulted’ upon the consum- mation of legislation of this kind. He saw no reason why this army of 25,000 should be kept up. He feared that there was some other object Leneath this appropriation, He knew that the gentlemen of the misjority of the Committce on Appropriations did not intend it, but the experience which the country had had, connected with the disruption of States and the breaking down of popular and elec- toral Uberties, had given it s warning against ‘any undue increase of the army. He believed that but for the threat of General Grant, commander-in- chiet of the army (whose special love of military power had been’ aggrandized by his trayels in Europe), and but for the fact that there was an ermy of 20,000 in 1877, the popular will of the country would not have been stricken down by the inaugura- tion of the present occupant of the White House. With a faith growing out of jealousy of military power and physical torce he had always voted and would always vote for the reduction of the army. Mr. ATKINS, (rep.) of Tenu., saidthe House had on three different occasions voted for 25,000 as the regu- lar force of the standing army. That had been the expression of the House, and the Committee on Ap- propriations, knowing that in order to get this bill through at all the number would have to be tixed at 25,000, had fixed that number in the bill. He was no more un advocate of large standing armies than any other gentleman on the floor. He was on record as opposed to large standing armies, but the Committee on Appropriations desired to be practical in this matter. It did not want to make cheap reputation and capital before the country by reducing the army, knowing that it could not force the reduction through the House. It did not desire any such reputation. Mr. Fixer, (dem.) of Ohio—Did the committee think they were right when they advocated 20,000 last year? Mr. Arxrns—Yes. Mr. Frsiey—Are they wrong now? a Atxins—No, sir, for the very reason I have given. A VOICE FROM’ TEXAS, Mr. M1118, (dem.) of Texus, said that there seemed to be a fear that a standing army would destroy the liberties of the people. One of the fathers of the House (Mr. Cox) reminded the Howse that a standing army had overturned the liberties of the people on one occasion. That was when there had been about eighteen hundred men in the District of Columbia in 1877. Eighteen would have effected the same purpose. He ( ox) had said that it had been occasioned by a threat of General Grant. It that was so he (Mr. Mills) thought that General Grant could have done it without any troops. if that gentleman wanted to get relief he had better abolish General Grant. (Laughter on the republican side of the House.) The army was an essential feature in all governments, ‘There was no government on earth that had not an army for its protection, An army of 25,000 men would be @ menace against the liberties of the people if that army ws in the District of Columbia. but the United States had a territory iying from ocean to ocean, covering 3,000,000 square miles, in- habited by 45,000,000 people scattered throughout its border. It had un army which could not maintain a skirmish line across it, and yet gentle- men said that the liberties ot the people were im- perilled by an army ot 25,000, The border had been @ running, bleeding wound ever since Texas bad been admitted into the Union. It had always been 80. Mr. TowssHEnv, of Mlinois, made some remark which was not heard by the reporter, Mr. Mrcis, of Texrs—Yes. You would leave Texas Dleeding until every man, woman and child had been slaughtered if you could make $10,000 economy and yo before your people ‘for your re-clection. When Texas was admitted to the Union there was a treaty by which this government bound itself that it would protect It bound itself to do that thing, and ever since we have been in we have been aastming our own defence. Talk about econ- omy! (Laughter on the republican side.) Mr. TowssneNp, of Mlinois—I am glad to find the laughter comes from that side. ir. Miis—Let it come from where it will, I stand by my constituents. Mr. Townsuenp-—Of thi kept on the Texas border’ 1LL8—Not cnough to protect it. sHEXD—How many were kept om the Ind- 25,000 how many were jan border? Mr. Mitts—Not enongh to protect it. After a prolonged debate, in which Mr. Cox, of New York; Mr. Mills, of Texas, and Mr. Townsend, of New York, took part, Mr. Cox's amendment was defeated without 4 division and Mr. Durham's by @ vote of 66 to 118, Mr. Bureun, of Massachusetts, submitted an amend- ment authorizing and requiring railroad companies who have telegraph lines to ‘ransmit telegrams tor the government and tor the general public at rates to Le fired Ky? the government according to the provisions ot the Revised Statutes. Adopted. Mr. McCook, (rep.) of N, Y., submitted an amend- ment making an appropriation for the construction of heavy ordnance for coast defences. Rejected. SPEECH OF ¥R. ‘M'COOK. Mr. McCook a!so submitted an amendment provid- ing that the posse comitatus clause of last year's Army Appropriation bill shail not apply in the States of Nebraska, Kansex, Colorado, Oregon, Nevada, Minne- sota and the Territories anbject to Indian incursions. A point of order having been raised Mr. McCoox proceeded to discuss it, but directed his remarks against his colleague (Mr. Hewitt), whom he alluded to as an indifferont army organizer among soldiers and as a questionable constitutional lawyer among legislators. He satirized his colleague's first and sec ond efforts for the salvation of the Repnblic, the first being the creation of the Klectorat Commission and | the second the invention of the pose comitatus clause. What the sturdy barons were (he said) at Kunnymede, what John Hampden was when he resisted the pay- ment of ship money, what Patrick Henry was when he stood up against George 11., what Sergeant Mates: was when he offered to carry the old flag through the South—all that and more was his colleagte when he grappled the tottering pillars of the constitution and upheld thom. (Laughter.) Crwsar had had his Brn- t Charles I. bis Cromwell, but his colleague, greater than either, liad saved liberty without assas- sination and without bloodshed. (Laughter.) Mr. Hewftt made po reply to his colleague, and ae was promptly ruled to be out of order. Mr. Townsunp, of Iilinots, said that he had dis- covered, during the last session, that there was ono man on the otner side who was the representative of the man on horseback, but he had discovered to-day that there was more than one. Mr. Beep, (rep.) of Me., suggested that there was a @mall cavalry. Mr. Townsitenn expressed his grief at discovering that a Cassius had appeared in the House in the form of his lean and hungry friend from Now York (Mr. Townsend), who had such an itching ya for large appropriations for standing armies. He (Mr. Town- shend) had simply called attention to the fact that the triends of imperialism did not sit an the democratic side of the House. Without further action the committee rose. Mr. Woop, (dem.) of N. ¥., submitted o resolution asking tor information as to the amount patd by the overnment to the Washington Gaslight Company during 1868, Adopted. Mr. Witsox, (dem.) of W. Va., submitted a resolu. tion wos for information in regard to the bark Forest Belle, alleged to have been destroyed by the Chinese government. Adopted. An evening session was ordered for Tuesday next for reports trom the Committee’ on Patents, The House, thon, at half-past four P. M., took a re- cows until hal¥-past seven, the evening rossion to be for the consideration of tie Mississippi Leveo bill. After a long debate in the evening seasion on the bn Leveo bill the main ‘quention was ordered, and the House at a quarter to eleven adjourned, MAJOR RENOS CONDUC. A Witness, Who Was With the Train as a “Parker,” Swears He Was Drunk. OFFICERS THOUGHT HIM SOBER Colonel Benteen Says There Wasn't Whiskey Enough With the Command to Foddle Him [BY TELEGRAPH TO THE HERALD:) i Crucaco, Feb. 4, 1879. The testimony to-day in the Reno inquiry was Je cidedly adverse to that officer, and in more than one instance created a sensation in court. The first wit- ness put upon the stand, after the formality of read- ing the testimony of the preceding day, was B, T, Churchill, who testified that he was @ rancher on Tonguo Niver, near Fort Keogh, and that he accompanted Custer's command as @ “packer; the first news he had of the command being engaged with Indians was at about eleven o’clock on the morning of the 25th, about two miles anda half from the Little Big Horn; there were about one hundred and seventy-five mules and abont seven citizen packers, he thought, in the pack train; with tho news that the command was engaged came orders to hurry up the ammunition packs; witness accompanied these; they were hurried along as fast as they could go; when the am- munition packs reached the top of the hill where Reno was witness saw no men in the bottom, but several*coming up the hill; about an hour and a half after he had arrived on the hill, a few minutes before the ammunition, witness saw the fighting on the hill; he did not see much of Major Reno; the officers he most saw were Colonel Benteen and Captain Weir; at about ten o'clock ke saw Major Reno; # man named Fritz started out with witness in search of something to eat; Major Reno stopped them and asked them what thoy were after; they replied, and then he asked about the mules; Fritz replied that they were all right; Reno then repeated the same question in.a maudlin way, and struck at Fritz, his motion sprink- ling a quantity of whiskey over them both; Reno then seized a ue, and witness took hold of Fritz and led him a he thought that Reno was intoxi- cated, (Sensation among the ladies:} A QUESTION OF SOBRIETY. i ‘This brought Mr. Gilbert to his feet, who said he had given the widest latitude to the inquiry; but the charge to which Major Reno was called to answer was one of cowardice, not drunkenness, and Mr. Gilbert claimed that such testimony as that now offered should be excluded, The Recorder replied, saying that Mr. Gilbert made a mistake in seeming to think that Major Reno was here on trial; he was not, This was an inquiry into Major Reno's conduct, end if an_ officer's sobriety did not constitute a part of his conduct Lieutenant Lee did not know what did. Mr. Gilbert*claimed that Major Reno had asked for this inquiry on account of a letter written by Mr. Whittaker charging him with cowardice, and the inquiry should be restricted to that issue. The Court ruled that Lieutenant Leo's questio: rere in order, and the Recorder continued his examination, but elicited nothing more startling than that the witness saw Major Reno two or three times the next day, once in the morning lying be- hind the pack saddles. HOW RENO ACTED. Mr. Gilbert first cross-questioned the witness about the preceding part of his testimony and the witness testified that Major Reno was accompanied by an offi- cer or somebody else when he strack Fritz; this was about ten o'clock; wituess did not know that Reno had had trouble with the packers about skulking, nor with Fritz in particular; Major Reno stepped back and took up carbine after striking at Fritz; the witness sei: and pot Reno, because he did not think Reno \d do anything with the weapon. The following lively dialogue then place :— Mr. Gilbert—Major Reno was staggering, of course, wasn’t he? Witness—He stepped forward in a way that might be construed, perhaps, as staggering, or it might have been natural. Mr. Gilbert—He was hiccoughing, of course? Witness—I did not hear him. Mr. Gilbert—His voice was thick, I uj and he aid not utter his words distinctly, did he? ‘That, I suppose, was the reason Fritz not hear him, wasn’t it? Witness—I did not observe whether it was or not; the witness did not know that Major, Reno had had any trouble with the men stealing rations and ordered them to desist 40 as not to prevent an equal» division of the rations, but he was quite sure that he never had any trouble getting his share of the rations. : RENO SAFER. Lieutenant Fdgerley being recalled, testified that he saw Major Reno at about nine o'clock the night of the 25th. He came along the line where the witness was, He gave no indication of drunkenness. The witness spoke to him abont closing up @ gap in the line, and Major Reno told him to do it. The witness saw Major Reno at two o'clock that night, He was sober then. He was sober next day, and the witness saw no indications of drunkenness the night before, The witness had never heard an intimation that Major Reno was intoxicated at any time until he (the wit ness) came to Chicago to attend the Court, “aS SOBER AS HE Is NoW.”” Colonel Benteen, being recalled, testified that hewas with Major Reno he might say all the time the night ofthe 25th; he was as sober as he is now; the witness lay down in Major Reno's bed, and if he had been at any time in the slightest degree under the influence | of liquor the witness would have known it. “Why,” said the Colonel, good naturedly, “there wasn’t whis- key enough in the command to make him drank. If I'd known te had any whiskey I'd have been after him.” A fierce looking gentleman, with s dark brown mustache about six inches long, and who gave the name of Captain Edward F. Godfrey, was next called. He was of the Seventh cavalry, now stationed at Standing Rock, Dakota. He accompanied Colonel Benteen on his ‘sortie off to the left after separating from Custer’s column, and described the movements of the command substantially as previous witnesses had done. Soon after arriving upon the hill he sow Major Reno, who appeared to be somewhat excited, and was taiking with Colonel Benteen, Le thought, in regard to the advisability of going back Licutenant Hodgeson’s body. This witness anewered the regular set questions and gave his testimony clearly, but nothing new was dlicited. The Court adjourned until halt-past ten to-morrow. “FOOLING” WITH A JANITOR, WHAT HAPPENED AYTEN A BALL—BAD EFFECTS OF. THE LIQUOR OF oW JERSEY—TWO MEN SHOT. [BY TELEGRAPH To THE. HERALD.) Trentos, N. J., Feb. 4, 1879. This morning about cight o'clock there was 9 shooting affray in this city, by which, it is feared, two young men will lose their lives. Last night the ball of the Columbia Association was held in Freese | Hail. It was attended by many of the young wells’? of the city. ‘There was a plenteons flow of drinks, and the jolly party did not break np until morning. After the party had broken up about half adozen of loiterers remained. These were drunk with New Jersey liquor and “fooled” with the janitor of the hall, Michael Bohan, who was in a similar condition to the loiterers. Bohan held the position as janitor of Company D Armory, Seventh regiment, and had the keys to the armory. Bohan, becoming exasperated by continued 5 treatment, went up stairs, seized a loaded Springfeld: rifle, primed it and fired into the crowd. The result showed that a young man named James McDonald was shot in the cheek, the ball coming out on the other side, Another ball passed through the thigh of a young man named James McCardle, passing out at the kneo. The leg of the latter has been amputated. Both wounded men lie in a dangerous condi- tion, Bohan was arrested and taken bofore tho police justice this afternoon, and through his counsel waived an examination. He was in sleepy drunken condition. After he fired the shots crowd gathered round him and beat him badly, th wounds on his eyes showing the effects of this as- e excitement over the affair among the joys’ was intense all day. Bohan was always con- aidered to be a sober, peaceable man until this unfor tunate occurrence. . RUMORS OF (BY TELEGRAPH TO THE HERALD.) Winmunotox, Del., Feb. 4, 1879, It was ramored hero to-day that Mr. Evan Rice, cashier of tho Wilmington and Brandywine Bank, was a defaultor in pong hg te some fixing it as high as $20,000, On last Saturday, the bank ex- ominer first discovered irregularities. An investi. ation is now ponding. and the full truth will be Frown in afew days. Whether the defaication may affect tho standing of tho institation 1s question depending on tho result ot the inquiry. “CROOKED” SPIRITS, San Francisco, Cal., Feb. 4, 1879, Internal revenue officers last evening discovered an illicit distiliery in the basement of @ restaurant on Dupont street, conducted by Louis Mennier. The apparatus was in fall working order, The spirits, implements, &¢., were captured and the proprictor in jail. The . Which Will be forfeited, government, is valued at about $10,000, DEFALCATION, y