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The Iola register. (Iola, Kan.) 1875-1902, February 03, 1877, Image 1

Image and text provided by Kansas State Historical Society; Topeka, KS

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83040340/1877-02-03/ed-1/seq-1/

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rant, has signified his
latention to sL
;n the bill providing for
counting the Electoral votes, should, it
pass both houses of Congress.
Hon. John R. McPherson, Democrat,
JTTim been elected United States Senator
from New Jersey, in place of Senator
Frelinghuysen. Senator Frelinghuysen
was a candidate for re-election, bnt was
defeated by a majority of one vote on
joint ballot.
The Electoral bill .passed the Senate
' at 7:10 on the morning of the25tb,
after an all-night session, by a vote of
47 yeas to 17 nays. AVith the exception
of Senator Eaton, of Connecticut, all
those voting nay are Republicans.
Judge David Davis was elected Unit
ed States 'Senator from Illinois on the
25th. The contest was decided on the
fortieth joint ballot and the eighth
day's joint session of the Legislature.
The vote was: Davis, (Dam. and Ind.),
. 101; Lawrence, (Rep.), 94; Haines,
(Repp, 3 scattering, 2.
TA meetingof prominent bankers,
'merchants, etc , was held in New York
City on the 25th, to encourage the pro
posed plan .for arranging a settlement
between the defaulting Southern States
and their creditors. Wm. Cullen Bry
ant presided. It was recommended by
the meeting that the best way to bring
about an equitable settlement and com
promise of existing claims would be to
appoint a committee of disinterested
'arbiters and bondholders, and such ac
tion was accordingly taken.
According to a Washington dispatch
of the 25th, Judge Davis was on the
.bench of , Jhe Supreme Court when he
received.a telegram from Springfield
informing him of his election to the
United States Senate. After the adjourn
ment of the court he was called on by
Illinois friends, who congratulated him
on the result, and inquired as to his ac
ceptance of the office. He did not say
whether he will accept it or not, but if
he should conclude to do so he will not
resign before the 4th of March, the
Senatorial term not beginning until that
time. He stated he had not been con
sulted iregarding the. use of his name
as a candidate and had not authorized
The TVest Virginia Legislature, by
joint ballot on the 26th, elected H. 6.
Davis United States Senator for the
long term and F. Hereford for the short
term both Democrats.
" '""-t '
IHon.BeiiHill has been elected United
States' Senator from Georgia.
A '
The entire Iglesias Government of
Mexico arrived in San Francisco on the
25th, having taken passage on a Pacific
mail steamer to escape capture by Diaz.
They .had intended to disembark at
Mazatlan and organize their Govern
ment there, but arrived just in time to
find that Diaz had gained the allegiance
of the people of that region. Iglesias
and his party were very earnestly
" wanted " on shoie, but the Captain of
the steamer refused to surrender them
to be shot as rebel, and they sailed on
to Saa Francisco. The President and
his Cabinet were expected to take the
Pacific Railroad to St. Louis, thence
to New' Orleans, and thence to the
States on the eastern side of Mexico,
where they hope to find a more favor
able reception.
Jt was reported from Washington,on
r the,27th, that a movement is on foot in
this country to raise a force of from 10,
,. 000 to 20,000 men for the purpose of
placing President Iglesias at'the head
of Mexican affairs. Several graduates
of West Point, who won distinction in
the late War, arc said to be engaged in
the enterprise, and are furnished with
the necessary sinews of war." Re
cruiting officers will be sent to
several of the Southern States,
where, , it is 'believed (sufficient
force-, or ' exceiieni ngnung men
,, can be raised in a very short time. The
'"inducements that will be held out to
these filibusters are said to be grants
of land in the richest mining districts
of the States of Chihuahua, Durango,
Sonora, Sinaloa, ana Lower Califor
nia. These five States of Northern
Mexico-rev sparsely settled, and are
rich is deposits of gold, silver, copper,
and other valuable minerals. The re
gion is the finest grazing country in
the world, and there are tracts of agri
cultural 'lands' amply sufficient to feed
"a population of several millions.
Judge Mackey, of the South Carolina
Supreme Court, on the 17th, granted a
preliminary injunction restraining State
Treasurer Cardozo and Comptroller
Gen. Dunn, respectively, from drawing
any warrants or paving any funds from
tho State Treasury, under the appropri
ation bill passed by the Mackey House
at its last session, upon the ground that
the body whicn pretenaaa to original
and pass it was not the legal House of
The Railroad Gazette reports the new
railroad mileage for the year 1876 as
2,442 miles, of which 388 was in Tex
as, 350 in California, 270 in Ohio and
155 in Colorado. This in the most ex
tensive of any year since 1873. There
was also built 587 miles of narrow
gauge in 1876. The total mileage in
the country of broad-gauge is now 76,
610. - i s -
The Sonth Carolina Supreme Court,
on the 26th, rendered a decision in the
quo warranto proceedings against the
Hayes Electors, dismissing the case, on
the ground ihat the proceedings were
illegally presented on the part of the
State, instead'of the United States.
The President signed the Electoral
bill on the 29th. In his message ap
proving the act, he says he believes
the bill gives assurance that the result
of the election will be accepted without
resistance from supporters of the
disappointed candidate, and that
the highest officer shall not hold
his place with a questioned title of
right. The President alludes to the
imminent peril the country has es
caped through the adoption of the act,
and says the country needs and requires
peace and harmony, which the bill is
well calculated to promote.
Two South Carolina negroes, one a Dem
ocrat and the other a Republican, re
cently had a duel at Fair Bluffs, in that
State. Each fired four shots; one was
wounded three times, and the other once.
Secretary Chandler denounces as an un
qualified forgery an alleged dispatch pur
porting to have been sent by him to Gov.
Stearns, of Florida, which Is printed as
follows: "Hold Florida for Hayes and
Wheeler. Honey and troops will be sent
Senator Cockrell has introduced a bill
granting a pension to the widow of the late
Major-Gen. Francis P. Blair, Jr.
Mr. Blaine, recently elected United
States Senator from" Maine to fill the unex
pired term caused by the resignation of Mr.
Morrill, was sworn in on the 22d.
W. H. Rhodes, a photographer of Quln
cy, Hi., was found in a dying condition in
his studio, about 7 p. m. on the evening of
the 22d. He had been terribly beaten, hit
skull being broken in three places, and
there were evidences of a desperate strug
gle having taken place. Bobbery is sup
posed to have been the cause of the murder,
as the victim's pockets were turned Inside
out. .
The -boilers in a steam saw-mill at Ink
Bayou, ninemiles northeast of Little Bock,
Ark., exploded on the 22d, killing three
men two white and one colored and in
juring severely several others.
The House Committee on Indian Affairs
has agreed to recommend the passage of
Seelye's bill to ratify the arrangement made
with the Sioux Indians for the relinquish
ment of their title to the Black Hills coun
try, etc.
The President has vetoed the bill abolish
ing the District Police Board. The bill
passed both houses without any opposition.
The House Judiciary Committee have
unanimously resolved that articles of im
peachment ought not to be preferred against
George M. Robeson, Secretary of the Navy.
The President has nominated Ellas Oris
wold for Associate Justice of the Supreme
Court of New Mexico.
Hon. Alexander H. Stephens Is lying se
riously ill at Washington from the effects of
bleeding at the lungs.
The Executive Committee of the National
Independent party met at Springfield, III.,
on the 23d, to decide upon the best method
to strengthen the organization, and to ac
complish financial reforms which the party
Suit has been commenced in the United
States District Court at New York against
ex-Gov. Samuel J. Tilden to recover ?15(,
000 alleged balances due of the income tax.
The Board of Supervisors of San Francis
co have commenced taking testimony in re
gard to alleged fraudulent registration and
illegal voting in that city at the recent elec
tion. The arrest of Miles Ogle, the celebrated
counterfeiter, has been followed by the
capture in Cincinnati of s large quantity ot
well executed counterfeit bank-note platet
and about 40,000 bogus 80-cent pieces. It
is said that Ogle "squealed" to the de
tectives and revealed where the stuff was
At Gentry Settlement, Saline County,
Ark. , on the night of the 23d, two women,
Mrs. H. T. B. Taylor and Mrs. H. Stauer,
the wives of respected planters, were mur
dered in cold blood, robbery being the pre
sumed cause. They were stopping at the
same house, their husbands having gone to
Little Rock with produce.
Col. S. D. Chiids, President of the Sonth
Carolina National Bank, of Columbia, has
made an affidavit denying the statement
made by Beverly Nash, Republican Elector,
before the Congressional investigating com
mittee at Washington, to tho effect that he
(Chiids) attempted to bribe him (Nash) to
cast his vote for Tilden.
The House Committee on Foreign Affairs
approves the action of the President and
Secretary of State in declining the Centen
nial address of the Irish people, presented
by John O' Conor, member of Parliament.
The committee say that all communications
to this Government from aliens must come
through the regularly accredited channels of
the minister representing the government to
which they belong.
The recently reported massacre of the
members ot a wagon train ot 20 men, be
longing to Tankten, by the Indians on the
Black Hills route, is entirely without foun
dation. '
Sheriff Manning was shot and killed by a
desperado named John Fret well, at Austin,
Miss. , on the 23d. Fretwell was a relative
of Manning's wife, and had recently been
pardoned out of the Penitentiary through
Manning's efforts. The murderer escaped.
The President has nominated Thomas
Settle of North Carolina United States Dis
trict Judge for Florida, and Benjamin F.
Flanders, United States Assistant Treas
urer at New Orleans.
Ex-Governor Haines, of New Jersey.dled
on the 26th.
'William K. Neil was hanged at Albany,
Oregon, on the 28th, for the murder ot
Seth W.Hayes.
W. W, Christian and Wm. Howell were
both instantly killed by the bursting ot an
agitator at the Standard Oil Company'sRe
finery, Cleveland, Ohio, on the 26th.
At Memphis. Tenn., on the night of the
26th, Robert Gibson, Deputy United States
Marshal, from Carroll County, .was shot
and almost Instantly killed by Robert Drury,
The father of Drury is under Indictment for
issuing counterfeit money, and Gibson was
the principal witness agauwt him, Drury
fled and had not been arrested up to the
following day. He had Just served a term
in the Penitentiary for counterfeiting.
Sheriff W P Wallace, ot Cincinnati,
was arrested, on the 2Cth, on a United
States warrant, charging him with fraudu
lently and corruptly procuring the escape
of C. W. Young, under indictmentfor ille
gal voting at the October election, and an
important witness in contested cases now
on trial. - --
Mr. C. D. Whips, proprietor of the Wll
lard Hotel at Louisville, Ky., on the morn
Ingot the 26th, shot and fatally wounded
Mr. John W. Stockton, superintendent of
the hotel. The shooting was the result of
an altercation regarding the management
of the honse. Stockton died on the fallow
ing day. "Whips was held to bail in the sum
of $10,000.
Four men were killed by a boiler ex
plosion in a saw-mill near Eaton, Ind., on
the 25th.
Gen. John McDonald, chief of the former
St. Louis Whisky Ring, has been pardoned
by the President, on the ground of ill health,
and released from confinement.
Mr. J. Harris, a respectable citizen of
Blue Creek Township, was assaulted by a
negro named Culfer, near Paulding, Ohio,
on the 21th, and clubbed and stabbed to
death. The negro escaped, and the cause
of the killing is unknown.
William R. Messick, Democratic Sheriff
elect of Avoyelles Parish, La., was shot
and k'llcd on the 27th by Policeman McMa
hon, who claims he only fired to frighten,
not to injure, the deceased.
The Academy or Music at Indianapolis
was destroyed on the night of the.25th.
Loss from $150,000 to $200,000, partially in
sured. The physicians of Chicago held a meeting
on the 23th, to devise means for checking
the present alarming spread of scarlet fever
and diptheria in that city.
Lawrence Mack, a barkeeper at the The
ater Comique in St. Louis, was shot and
instantly killed at an early hour on the
morning of the 25th by Wm. Wiener, a pri
vate watchman at the same establishment.
Mack was a quiet, inoffensive young man,
and the shooting appears to have been the
esult of a drunken frenzy on the part of the
The British ship Ada Irondale, with a
cargo of coal from Scotland to San Fran
cisco, took fire in the lower hold on the voy
age, and when discovered the fire had made
such headway that the crew were forced to
abandon the vessel, which they did on Oct.
15, on three open boats. On Nov. 9, after
great suffering from exposure and hunger,
and the loss of one boat and one of its crew,
the survivors reached Marqueses, 2,400 miles
distant from the point where they abandon
ed their vessel.
A peddler called at the house of S. S.
Chalfant, near Thornville, Ohio, on the
night of the 26th, and obtained permission
to lodge over night. During the night he
ohloroformed the entire family and ran
sacked the house, carrying off $900 in
money and $35,000 in drafts. The robber
was tracked to Lancaster, but not appre
hended W H. Hardy, the defeated candidate for
Congressional Delegate from Arizona, has
petitioned the Supreme Court of that Terri
tor to compel the Secretary to recanvass the
A cargo ot arms and munitions of war for
the Turkish Government, valued at $1,769,
100, was shipped from New Haven, Conn.,
on the 28th, on the British steamer Lotus,
to Constantinople direct.
The National Executive Committee of the
Union League of America, at a meeting held
in Philadelphia on the 25th, elected Gen.
Daniel Ullman, of New lork. Chairman for
the ensuing year, and adjourned to meet In
Washington on the lith of February.
Two rival saloon keepers at Hot Creek,
Wyoming, had a serious shooting affray on
the 26th . Daniel Perry was fatally wound
ed In the breast and head, and J. P. Price,
his antagonist, was seriously wounded in
the leg.
In the Senate, on the 22d, consideration
was resumed of the bill in regar I to counting the
Electoral vote, anil Mr. Morton took the Soor.
He said the bill was the product of a monstrous
plan. The shadow of intimidation bad entered
tho Senatechamber. lie believed Batherford B.
Haves had been elected President of the United
States under the lorms ot law, and according to
law, and he should be counted in, as eighteen
other Presidents bad been, and inaugurated.
mere wouiu oe no revolution. The
Constitution provides that the President of the
Senate shall, in the presence ot the two
hoases, open all certificates and the
vote shall then be counted, and if no
one candidate has a majority of all
Electors appointed the House shall immediately
proceed to elect. The process contemplated was
a very simple one simply toopen toe certificates
and count the votes, but contemplated no lime
or place tot y questions of the eligibility either
of the candidates or of tbe Electors. Whether
the Electors were eligible was a matter left with
the States un'er the Injunction of the Constitu
tion. The handing down ot tbe certificate by
the President ol tne Senate was a declarat on of
tbe vote contained in it Very few Bepublicans
respect this bill. It will be taken by Republicans,
ii tasen ai an, as uow 01 canor on. senator
Edmunds burned his ship behind the bill
when be denied the power of tbe President of the
Senate to count the votes in the absence of legis
lation. He thus seemed to make it necessary to
accept this bUl. Geologists tell us there was a
period in the earth's crust when there were
akuUness vertebrates; now we nave got to the
period when there are vertebrateless skulls.
The power to count the vote resides la the Pres
ident ot the senate or in the two hoases. If it
resides in the two houses it can not be delegated
to a commission or to a court The mere mat
ter of connting the votes -is clerical, and
may be performed by a teller. If any
question arises that requires Judgment or
diMretion it can not be delegated to a commis
sion . The decision of the Conference Committee
is binding only upon being ratified by both
houses, but the decisions of this Commission are
binding unless reversed by tbe action ot both
bouses. It is, in every respect, a court invested
with high Judicial powers to decide questions of
law as well as fact, with a right ot appeal, not to
another court, but to the two houses of Con
nesa. There is no Dower to ro behind the rn.
turns of the election of Electors certified by
proper returning or canvassing officers of a
State. State courts can not do it, nor
can Congress nor united states courts.
If we concede, for the sake of argument, that the
two booses have a right to count the votes, there
is atUl a Question lvtnir behind that, and inde.
pendent of it, and that is as to what papers the
rrsuaeni ai ue kuw i icuniiea to open in ue
presence of ue two bouses and hand to the tel
lers. Tbe Electors in the several States are to
seal np their votes ana lists made np by tbe
Governortaml inclose them to the President of
tbe 8enate, Indorsing the names of the electors
upontheoutsideoftheenvelope. He is thus noti
fied who the Electors, or pretended Electon-, are
who have voted , whose votes are contained in the
envelope. It is a certificate from the Electors,
and noae other, that he is required to open in tbe
presence' of the two houses. He lis not in fact
required to receive the certificates of anybody
but tbe true Electors of a State. He Is therefore
reauired in the diacbanre of the dutv of Ha offlcn
to determine and present a true certificate from
tbe Electors ot a State, He is bound as an officer
ot the Government of the United States to take
notice of those who have been declared elected
by the proper authorities ot the State; and, when
aceriuuwccomesuuonu nanaa.Jiisnis Dull
ness at once;to investigate and determine tor
himself whether It comes from tbe Electors -ot a ;
State. He must decide that question am his
peril, and present tbe certificate to the two
nmaM nff iVwiimi BbBui tnml It TT-va
I ought to be Inaugurated, and must be'inaugu-
rated, unless a bill should be passed to count
him out. in defiance of well known prin
ciples of law. He was not well enough
to-day to argue this question as fully
a she would like to." The Democratic Senators
would not support this bill if it did not give
them a chance to count in Mr. Tilden by going
behind the returns. At 2 :lo Mr. Morton said be
was not able to proceed farther to-day, and
therefore suspended his remarks. Mr. Preling
buysen, member of the special committee, then
took tbe loorand spoke in favor of tbe bill. The
debate was further continued, Meurs. Sherman
and Cameron (Pa.) speaking azainstthe bill .and
Messrs. Tburmaa and Bayard for it..........
In the House, a motion to suspend the rules and
Siss a resolution directing the Committee on
Hilary Afiairs to inquire into tbe cause ot the
removal of troops from the fronUer, whether
sufficient force remain there to protect it, and
the number of troops stationed at Wash
ington, was defeated tor want of a two-thirds
vote. Mr. Hunter moved to suspend the rules
and pass the Joist resolution to amend the con
stitution by providing that no claims shall ever
be allowed or paid by the United States for
property used, consumed, injured, or destroyed
during the late rebellion, unless It belonged to
Krsons who were loyal to tbe Government.
ist Teas.' 123: navs. 71: not two-thirds.
A message was received from the President,
in reply to a resoluUon passed In December, re
questing informaUon in regard to tbe service of
tne army in the Sonth since the first of August
The following is the substance of Mr.
Trelinghuysen's remarks, on the 23d, upon the
bill to provide for the counting ot the llectoral
votes: Having been appointed a member ot the
Special Committee which framed the bill, and
having, to tbe best of his ability, discharged bis
duty, he felt he could not remain silent while
retecting and patriotio people of the country
were interested In this measure to tbe extent that
the dignity of the Government should be main
tained; that no bad precedent should be set, and
that the peace of society should be preserved. If
there ever was a time when tbe representatives
of the American people should rise above party
prejudices anu party ieeung; n was now; ana,
with true oourare and natnoUsm. thev should
determine that they would avert this peril
irom tne country, xne uuues oi a raiiniui sen
ator were alwavs responsible, but it seemed to
him as if they now touched the highest point of
.responsibility. At all events. Senators must do
their duty, whether it pleased their constituents
or not. lie had no doubt that the complication
which now seemed to Imperil the Government
would be adjusted by Congress and accepted by
the people, and the strength of this naUon, de
veloped aunng toe war, wouia carry ner xor
ward into anew era. as all would have renewed
confidence in our institutions. He believed this
nation would enter upon a degree of pros
perity which had but few parallels. He
then referred to the bill, and said
he believed tbe measure met with more opposi
tion from Republicans than it did from Demo
crats. He would seek to take no unfair advan
tage of the opposing party, and be would be the
last man to sacrifice the honor of that great party
of liberty which had stood by the Government in
its hour of peril. Ue thn referred to tbe late
22d Joint Rule, and said it had been used for ten
years when both Houses of Congress were Re
publican. Those who were opposed to this
measure must see at once that, under the rule
which had prevailed for ten years while both
Houses were Republican, or even under tbe bill
which passed the Senate at the last session, there
would be a sorry prospect for having the votes
of either Louisiana, Florida or South Carolina
counted with the rule of the last ten years against
Republicans as precedents. The Democrats in
Congress bad acted with great fairness in Joining
with Republicans in reporting this bill . Ue then
referred to the power claimed for tbe President
of the senate to count the Electoral vote, and
said if the power to count that vote was vested in
the President ot the Senate, why bad it been ex
ercised by the two Houses of Congress during
the last ten years? He denied Uut tbe power to
determine and count the votes was vested in tbe
President of the Senate, and said it
would be a wonderful power to repose
in one man. Suppose, during the late
rebellion, the President of the Senate had
held that the Union could not be dissolved, and
insisted upon counting all votes which might
come up from the southern States; would the
Senate and House have been compelled to sit
auieUy by and take no action? He argued that
le Constitution imposed upon Congress the duty
of deciding upon and counting the Electoral
votes, and Congress was bound to perform that
duty. It would be a great negligence now not to
have legislation to that end . Ue argued at some
length in favor of the constitutionality of the pro
posed measure, and said tbe failure of Congress
to pass the bill would be t case upon the
outgoing President the duty of determining to
whom he should transfer the Government. Every
consideration of justice demanded that Congress
should pass the bill. It all patriots of this coun
try should assemble in one vast plain their pray
er would not be for riches, but it would be that
this land might be delivered from the baleful in
fluences of party strife. In. conclusion be spoki
in favor ot placing the best men in power, and
said if tbe present difficulties should be adjusted
tbe nation would profit by the lesson, and would
be tbe most happy and prosperous on the face oi
the earth.
In the Senate, on the 23d, a number of
petitions from various cities were presented,
praying for the passage of the bill presented by
the Joint Committee on counting the Electoral
vote. Cons! Jeratioa was then resumed of the bill
In regard to counting the Electoral vote, and Mr.
Sherman spoke in opposition to it. Ue said when
the select committee as appointed to consider
this subject, be expected, as a matter of course,
to be abie to vote for tbe bill reported by the
committee, because he entertained the highest
respect for the mem' era ot the committee. It
was painful for him to dissent from the views of
the men whom be esteemed s highly, but after
the brief examination be had given tbe measure
he thought it was his duty to oppose it. This
bill was to make tbe court to decide the case al -ready
made up, and there were provisions in it
incompatible with tbe Constitution. Such a law
as this was an evil example and it could not be
sustained under tbe Constitution. The ques
tions heretofore discussed had been:
First Shall the President of the Senate
count the vote? Second Can either hoase admit
or exclude a vote' Third can both houses con
curring do so9 Fourth Can tbe Vice-President
decide when tbe two bouses disagree? The bill
presented other questions which were of a more
grave and serious character. It contained four
propositions: First That the President of the
Senate had nothing to do but preside and open
the vote. Second One bouse of Congress
can not reject a vote. Third The
two bouses by a concurring vote
may do so. Fourth It provided for a grand
commission .the decision of which must be final,
unless overruled by the concurri g vote of the
two houses. He then argued that the bill was
uncoaetitutlonal.and be particularly opposed tbe
clause providing for the seleci ion of five Judges
of the Supreme Court as members of tbe Com
mission. Ue also opposed the biU because it is
understood to delegate powers conferred upon
Congress to tbe Commission. It was an axiom
of law that legislative powers could not
be delegated. He read from various legal
authorities and argued that the bill was
intended to apply to a case passed, ended and
concluded, which was clearly unconstitutional
If the power to make laws could not be delegat
ed, bow ccmld Congress delegate power which
controlled the votes ot tbe States to a packed
tribunal ? Another feature of the bill which vio
lated tbe spirit of the Constitution was that
authorizing the appointment of a committee of
fire members of each House as members
of tbe committee, not to take deposi
tions and report as other committees, but to be
beyond tbe control of tbe two houses after being
organized. The Constitution provided that no
me-nber of either house shall hold office ceated
while he held a seat in Congress. Mr. Sherman
then spoke on the power and duties of tbe Com
mission authorized by the bill, and asked if it
was to take tne recorns aseernnea oysiaie omeers
If so. every body knew who would be President,
but if vhis Commission was to be allowed to go
back of tbe returns, God only knows what the
result would be. It would depend entirely upon
lot, tbe chance which selected tbe fifth Judge of
the 8upreme Court who would be the fifteenth
member of the Commission. Mr. Conkllng fol
io wed Mr. Sherman and spoke hi favor of the bill .
In tbe House, a number of memorials, etc.,
were presented in favor of tbe so-called compro
mise bill. Mr. Buts was admitted as a member
from South Carolina. Tbe report of tbe Com
mittee on Privileges was discussed at some
length by Messrs. Seelye, Williams (Wis.) , and
Taeter. Mr. Cox, Chairman ot the Committee
en Election Frauds in New York, submitted a
report in regard to alleged tampering with Mr.
Hewitt's mail in the Xew Tork Post-office. It
completely exonerates Postmaster James and his
subordinates In the Post office from all blame in
the matter, and declares that no such tampering
has been done.
In the Senate, on the 24th, the bill to pro
vide for counting the Electoral vote was taken
np as unfinished business. Mr. Conkllng was
entitled to the fioor, but not being present, Mr.
4 Sargent spoke in opposition to the bill. Ha ar-
Siea uai sne xnuncr ux wd uwuuiiluub never
tended to lodge in Congress the dangerous
Swer ot discriminating between returns ot
ectoral votes, but that tne power to count the
votes was lodged in the President of tbe8enate
alone. He opposed the bill because it degraded
hbe Supreme Court by bringing the
Judges down to tbe mnddy pool of polities and
compelled them to wade through it. He further
objected to the bill because It invited the polIU
cai party defeated by the ordinary torms to
clamor for another hearing. The people would
not repeat the decision of this tribunal, which
was without precedent and without sanction. He
regarded the dIU not as a compromise, but as a
surrender of Republican rights. Mr. Sargent
having concluded. Mr. Conkling resumed the
floor and concluded h s argument in favor of the
bill. A motion to adjourn was then
made and rejected, and a recess
was taken till 7 p. m. During the
evening session speeches were made in favor of
tbe bill by Senators Bayard, chrUUancy, Thur
man, Stevenson. Howe and Whyte, and against
It by Senators Morton, Blaine and Eaton. Sev
eral motions to adjourn were rejected, and at 4
a m. the Senate was still In session, it being
the purpose ot the friends of tbe bill to force
it to a vote before adjsumment
In the House, consideration was resumed ef
the resolutions reported by the Committee on
Privileges, and tbe House was addressed by Mr.
McDlllin favor ot the resolutions submitted by
the minority of the committee. The Presitknt's
message in regard to tbe use of troops in tne
South was then taken upas unfinished business,
and Mr. Wood offered a resolution that tbe mes
sage be referred to a select committee of eleven
to inquire whether there had been an exercise
of authority not warranted by the Constitution
and laws on the use of troops, lor which the
President is justly responsible, with power to
send for persons and papers After considera
ble discussion the resolution was adopted yeas,
13l;najs,7i. ""
The following is a brief retime of Senator
Conkllng's speech, delivered on the J3d andzlth,
upon the Electoral bill : Mr. Conkllng said that a
study ot the matter, years ago, convinced him of
the right, and therefore the dnty, of Congress to
asc ertain and verify the Electoral votes , and de
clare the true result of Presidential elections, or
else by an assertion ot law-making power to de
clare how these acts should be done His pres
ent judgment did not rest on preconceived opin
ions. Some weeks ago be reviewed carefully
and cautiously every act and proceeding in oar
history bearing noon this Question, and. with
out the aid of compilations made since then, be
had examined every utterance in books. He
then spoke of the objections to the bill and said ,
if it were true that the i ight to count the votei
was by the Constitution imposed upon the Presi
dent of tbe Senate, tbe bill now upon the table,
nor any bill, rule or plan would be of the slight
est efficacy or effect. Whenever the Constitution
deposited a power with any officer, department
or functionary, there it mustresaain. If the Con
stitution deposited in the President of the Sen
ate power to count Uie Electoral vote, there
was an end of it ; and any act or rule to strip him
ot that power would be a bold Intrusion upon the
Constitution. If such were the power of the
President of the Senate, then every proceeding
had heretofore by the two Houses of Congress
was a flagrant violation of the Constitution He
denied that tbe power to count votes was vested
in tbe President ot tbe Senate, and said, it the
Constitution gave all the power to one man, it
was not easy to see how Congress could
witness or verify tbe act. If the
President of the Senate chose to
utter words, members of tbe two houses must
listen to him. The Constitution declared tho
President of tbe Senate should open all certifi
cates. That was a grant of power. It then de
clared tho vote should be counted. By whom?
Did the framers of tbe i onstitution Intend it
should be by the President of the Senate' If so,
two litUe words would have fixed it. The men
who dratted the Constitution were masters of
language. They were so fastidious in their taste,
so exact that words should become echoes ot
thought, that they appointed a Committee on
Style in order that every sentence might be scru
tinized, and thus provision in regard to count
ing-the Llectoral vote was referred to that com
mittee and reported back by the committee. He
could not believe that the framers of the Consti
tution intended the President of the Senate
should count good, bad, and Indifferent certifi
cates, as was argued by the Senator from In
diana (Morton) yesterday. It had been said
that the power of the President of the Senate,
though not expressed la the Constitution,
might be implied. He cenld not accept the doc
trine. Authority to do a ministerial act did
not imply authority to do a Judicial act. To
open tbe certificates was purely a ministerial
act, but to count tbe votes was something more.
The good certificates must be assorted from the
bad ones. H New York sent 4 Electoral votes,
only 45 wonld be true votes, and the true ones
must be taken from tho false ones. If certifi
cates from Massachusetts should show
that that State voted for the Democratic
candidate, it would be false. The world
knows that she voted for the Republi -an nom
inee, and must be so counted, be spoke at
some length as to the constitutionality of the bill,
and asked, Did not reason and fitness of things
inform tbe Senate that our fathers intended that
the power to vitiate, on allegations of fraud or
irregularity, the Electoral vote of a State, and
thus turn an election, should not be reposed in
one man? They knew it would be safer reposed
in the American Congress . It was not designed
to commit this vast powerto one man, especial
ly afc- that man .might be the sole judge
in his own case. Divine and human law, since
the morning of time, said no man should be a
judge of his own case, even though he sat with
others. If the President of tbe senate has the
power to count the votes, a bare majority of the
Senate might select a President lor tbe secret
purpose of making tbe count one war. Was such
a creature ot an hour a safer anchor that tbe
two bouses of Congress? No such action was de
signed for this Republic, the only considerable
experiment of free government extant on tbe
globe. Should this experiment fail.it would turn
back the bands en the clock of ages.
At 7:10 a. m. on the 23th, after an all
night session ot the Senate.during which a num.
ur nf unendments were voted down, the Elect
oral bill was brought toavote and passed yeas,
47; nays, 17. Following is the vote in detail:
Alcorn, Dennis, MrrriU,
Allison, Edwards, !.
Rarnum, Frelinghuysen, Randolph,
llayaru, uoiouiwiuie nanaum.
Bogy, Gordon, Robertson,
Booth, Howe, Saulsbury,
Houtwell, Johnson, Sharon,
Burnnide, Jones (Fla ), Stephenson,
Chaffee, Jones (ev.) , Teller.
Chnstlancy, KeUy Thurman,
Cockrell Kernan. Wallace,
Conkling, McCreery, w,bye,
trooper. McDonald, Windom,
Cragin, McMillen, Withers,
Davis, Maxey, Wright-47.
Dawes, Mammon,
Blaine, Dorsey, Morton,
Bruce, Eaton, Patterson,
Cameron(Pa., Hamilton, Sargent,
lameasprWis.) Hamlin, Shfrman,
Clayton, Ingalls, West-17.
Conaver, Mitchell,
(With the exception of -enator Eaton, of Con
necticut, all tboee voting ny are Republicans.)
Anthony, Key, Paddsck,
Ferry. 1-ogan, 8pecer,
Harvey. Norwood, Wadlcigh 11.
Hitchcock, Oglesby,
In the House the Electoral bill was taken
from the table, referred to committee, reported
bacx immediately, and read. Mr. McCrary, a
member of the Joint Committee, then opened
debate in favor of the bill. He was followed by
Messrs. Hunton, Goode, Hoar. Hewitt, Cald
well, Stevenson, Caulfleld, Springer, and Wil
lard in favor of the bill, and Messrs. Hale, Mon
roe, Smith (Pa.) , and Garfield against it.
In the Senate, on the 26th, Mr. Jones
(Florida) called up tbe memorial ot the Demo
cratic Presidential Electors of that State asking
that their vote be counted as the true retu.nsf
and addressed the Senate in support thereof.
A number of important bills were
introduced and referred In the
House, the Speaker announced tbe follow
ing select committee on tbe use of troops in tbe
Pmiilrntiit election: Messrs. Wood. Goode.
Southard, Throckmorton, Caldwell, Smith
(Georgia), Harrison, Kasson. Foster. Barnes
and Page. Tne Electoral bill was then taken
np and 10 minute speeches made by Messrs.
Hooker, Partridge, Felton, Lamar. Watterson,
Hili,Fitld.Bland,Southard.Harrison, Landers,
Hardenbergh. Townsend, Foster, Vance,
O'Brien, Walker (Va.), Brown (Ky.), Gibson
and Payne in favor of the bill, and by Messrs.
Mills, Baker (Ind.), Hurlbut, Singleton. Lap.
ham. Vance (O.), Lynch, Knott, Carr.Dunneli,
Pratt. Lawrence, Blackburn and Jones (Ky.)
against it. At 5 p.m. the Speaker announced
SSh.i rloMd and a vote was taken
with the following result: yeas, 191; nays,8S.
Tbe following is the vote in detail :
The Speaker, Hardenbergh. Eta,
Abbott, Harris(Mass.), Beaian.
Adams, Hams(Ga), ReUly.Jno.
Ainsworth, Harris (Va.), BeUly, J.B.
Anderson, .Harrison. Rice,
Ashe. Hartridre, Riddle. .
Atkins. HartzelT. Bobbins iN. C.)
Bagbr, Hatcher, Bobbins (Pa.),
Bagley.G.A.Hathorn. Roberta.
Bagley, J. H. Haymond, Boss, (N. J.) ,
Banning. Henkle, Sampson,
Beebe, . .Hereford, Savage,
Bell, - Hewitt (NT), fayler,
Bland, Hewitt (Ala), Scales,
Bliss, Hill, ' Schleicher,
Blount, Hoar, ee,Te,-
Boone, Holman, Sneakier,
Bradley, Hooker, Southard,
Bright. Hopkins, Sparks.
Brown (Ky), Hoskins. Springer.
Buckner. House, 5ttnion
Burch'rd(Wis)Humphreys, Strait,
Burleigh, Hunter, etengcr,
Tar box,
Townsend (Pa.)
Vance (N. C),
Walker (N.T.),
Walker (Va.),
Well (Mo.),
Wells (Miss.),
Williams A. S.
Williams (Del.),
Williams W. U.
Wllson(W.Ta.) ,
Wilson (la),
Young 191.
cajaweii ixenjjenxs,
Jones (N. H.)
Clark (Ky.)
Clark (Mo.)
Landers (Ind )
Landers (Conn
Phillips (Mo.),
Hamilton (Ind)Platt.
Hancock, Powell,
Baker (Ind.), Garfield, Purraan,
Baker (N.Y.) , Hale. Balney.
Ballon, Haralson, Robinson,
Banks, Hendee, Rusk,
Blackburn, Henderson, Singleton,
Blair, Hoge, Sinnlckson,
Bradford, Hubbell, Slemons,
Brown (Kas.).Hurd, smalls,
Burchard(IU.) Hurlbut, Smith (Pa.),
Butts, Hyman. Smith (Ga.),
CaldweU (Ala) Jones (Ky) , S to well,
Cannon, Joyce, Tnornburgh,
Carr, Kasson, Townsend (N T) ,
Caswell. Kimball, Tufts,
Cate. Knott, Van Voorbes,
C'onger.l Lapbam, Vance (O.),
Crounse, Lawrence, Walte,
Danford, Lynch, Waldron,
Denison, Maroon, Wallace (S. C.) ,
Dobbins, MilUken, '- Wallace (Pa.),
Dunnell, Mills, White.
Durham, Monroe, Whiting,
Evans, Nash. Williams (N.T.)
Eames, CNefl, Williams (Wis.)
Flye, Packer, Williams (Ala.) ,
Forney, Page, Wooden),
Fort. Flaisted, Woodburn,
Freeman, Poppleton, Woodworth 85.
Frye, Pratt.
(Of those voting nay 67 are Bepublicans and
19 Democrats .)
Bass, King, Schumaker,
Cason, Lord, Stevens,
Collins, Odell. Wheeler,
Egbert, Phillips (Kan ), Wigginton 14.
Hy, Boss,
The Senate, on the 27th, passed the Mili
tary Academy and Fortification appropriation
bill, and the Senate bill to extend for two years
from the tout ot March next the act establishing
the Board ot Commissioners of Southern claims.
An amendment to the latter bill wasadded, pro
viding that nothing in the bill shall be construed
so as to extend the time for filing claims before
said Commission, or to enlarge us jurisdiction,
or to authorise the filing of Dew claims The
House passed the Indian Appropriation bill
The four members of the Louisiana Returning
Board were brought belore the bar of the House
to answer tor contempt. They presented a writ
ten answer, which avers that in all theiraeta
they have acted with the utmost respect to the
mandates of the House, but that it is not In their
power to surrender the papers called for, and
they,aubmit that it tbey are to be punished by the
House, the guarantees of the Constitution are a
most cruel mockery or an unalle viat d folly. In
conclusion, tbey submit their rights as officers
and their liberties as citizens to the protection ef
the laws of the land. Mr. Lynde then moved the
previous question on tbe resolution that "tbey
be adjudged in contempt for a violation of the
privileges of thlsBouse," and it was carried
ayes, 143; nays, 87; a party vote, with the ex
ception of Carr, of Indiana, who voted nay.
The qmstlon now recurred on the second reso
lution ordering the witnesses to appear before
the Special Committee, of which Wm. R. Mor
rison is Chairman, to produce all statements of
notes and tally sheets of every polling place in
Louisiana, together with affidavit, etc., and
remanding them to the custody ot the Sergeant-at-Arms.
The resolution was adopted yeas,
138; nays, 78.
In the Senate, on the 29th, Mr. Robertson
called up Mr. Gordon's resoluUon acknowledg
ing the Hampton Government in South Carolina
as the legal Government, and made an address
supporting tbe resolution . He denied there was
any Intimidation on the partef the whites towards
the blacks ; on the contrary , he had no doubt many
blacks were deterred from voting the Democratic
ticket by Republicans of their own color.
In the House, the bill authorizing th Sec
retary of the Treasury ta pay James B. Eada,
the constructor of the jetties at tbe mouth of the
Mississippi River, S500.000, was taken up. An
amendment, directing payment in United States
bonds, wss defeated, and tbe bill went over. A
number ot new bills were introduced and re
Adam and Eve, we suppose, were the
first to start "turning over new leaves."
They did it to keep up with the fash
ions. How strange that in the Charleston
races all the fast horses should have
been beaten by a jockey who, like
Balaam, had only an Asteroid.
Mrs. Van Cott alwas finds a seat in
a crowded car. The man who sees her
preparing to sit down on him slips
out in a hurry. Free Press.
The Springfield Republican sa.js that
hogs are the sheet-anchor of Western
prosperity. Bnt we thought that corn
was the main sale. N. T. Herald.
A sad-looking man, with the air of
a Had-been, stopped at a grocery yes
terday and bought a codfish, remarking
that he always was very fond of game,
and had to have it, even if it was ex
pensive. Hawk-eye.
"Which is the largestgland?" asked
a Chicago medical professor of the
newest arrival in his class, the other
day. The student buried himself in
deep and attentive tbonght. for a mo
ment, and then, brightening up sud
denly, exclaimed: "The largest gland,
sir, is England." Then the professor
kindly led the young man aside, and
pathetically advised him to think no
more of medicine, but to. join a min
strel show or enter the army.
He was a red-headed boot-black, and
had finished putting " a shine" on a
Ho. 33 boot, hung to the end of a Cin
cinnati drummer's leg. He spit a pint
ol tobaceo juice into his blacking-box,
took off his coat, grabbed his brush,
knelt down and shouted, "Change
cars." The fellow put his foot upon
tne Doy ana neia mm were aavu no
was so weak he couldn't speak, and
then went off down the alley to wade
in the mud with the foot that had the
shine on it.
Business prospects in St. Louis have
been much improved since the Con
gressional Committee agreed on their
report. The apple-woman at the Com
mercial Exchange reports her receipts
increased by fully 7 cents a day, and a
prominent citizen residing-up on Chou
teau Avenue told a boy who wanted to
sell him some soap, matches, suspend
ers, and yeast-cakes to look in again in
a week or two. The editors are ove'r-
!oyed, and their fair, large ears no
onger lie limp upon their shoulders,
but stand up erect and trim as fence-
pickets. Chicago Tribune,
Cabell, Hunton,
L Betten Girt Wk to Pellewed ftya
Ketoy Gkttt.
Miss Mary E. Guild, who resides with
her parents at No. 80 Village Street,
says the Boston Globe, seems to be a
very extraordinary child, and is appar
ently wholly inexplicable to her mother
and father. After ascending two long
flights of stairs tit the dwelling-house
So. 80 Village Street, last evening, a
Globe reporter was conducted into a
small, well furnished room, where the
whole Guild family, consisting of father,
mother, two daughters and a son, was
seated. When the preliminary ques
tioning had been gone through with,
Mrs. Guild said: "We have been very
much annoyed of late with rapping, the
'raps' only being audible when my
daughter Mary is in the room. The
raps appear to follow her wherever she
goes, and at night they are so distinct
that we are. prevented from sleeping."
R. How old is your daughter?
Mrs. G. Fourteen years of age.
R. Has she ever been in the habit of
going among spiritualists or so-called
Mrs. G. Never; and, besides, she is
not any more a believer in spiritualism
than we are. And none of us are be
lievers. R. Do these raps occur only in re
ply to questions?
Mrs. G. Oh, no; they seem to be
with her constantly, in the daytime as
well as at night. Sometimes when she
comes into this room or goes into tbe
basement, these raps are audible and
so terrify her that she becomes pale
and often dizzy.
R. Is she a perfectly healthy girl?
Mrs. G. Perfectly healthy now; bnt
her friends have noticed that she has
been losing flesh within the last few
weeks, when these raps occurred more
frequently than formerly.
R. Then she has been frequently
Mrs. 6. Yes; and at one time in
sane, and was treated for this disease
at the hospital.
R. Have medical men ever examined
her case?
Mrs. G. They have, but have been
unable to explain or account for her
sudden attacks or fits.
R. And how long do these fits last?
Mrs. G. I don't know the exact
length of time, but perhaps half or
three-quarters of an hour. While she
is in one of these fits her face is per
fectly livid and closely resembles one
dead. Her eyes are wide open and you
think that she is awake, bnt the mo
ment you shake her yon see readily
that she is perfectly unconscious.
R. Do the raps occur when your
daughter is in one of these fits?
Mrs. G. No, sir; that is, not always;
sometimes they occur. Bnt she is
wholly oblivious to every thing. When
she awakens she anxiously asks if any
raps have been audible, and if so, what
they signified. We could not always
give intelligible replies to her ques
tions, and she never was apparently
convinced. When in one of these fits
she would writhe as a snake is in the
habit of doing when stepped upon.
R. Is she subject to these attacks,
Mrs. G. She never has them now, but
I think these raps annoy her now. They
prevent her from sleeping at night, and
they scare us about half to death.
R. Will these raps occur under any
Mrs. G. It makes very little differ
ence where she is or how many people
are around her. The other day a hand
organ began playing a popular air in
the street oeneath our window. Mary
was sitting busily engaged doing some
thing, when these raps took up the tune
from the organ, and played it perfectly
accurately. This had the tendency to
scare Mary, and she immediately rush
ed out of the room.
R. Can your daughter give me a test
Mrs. G. I euess she can. " Mary, do
you think the raps will come to-night?
"I can't ten, dui i can ass;," repiiea
Mary; " shall I go into the side-room,
I eruess there b no objection. You,
sir, can go in and see for yourself that
every thing is fair."
The side-room in which the test was
to take place contained a small bed
stead, a few chairs, a bureau, etc., and
was, to all appearances, free from any
device in the shape of cords, screens,
etc. Miss Guild sat on the edge of the
bed with her hands clasped in her lap,
and the door was partly closed. The
nrst question asked tne unknown agent
of the mysterious rappings was, "are
there spirits in this room?" Three
sharp raps signifying yes immediately
followed. "Will you play if I sing?"
was the next question, and three raps,
meaning yes, followed. Then Miss
Guild commenced a familiar song, the
raps meanwhile keeping excellent time.
Miss Guild's hands or feet had not dur
ing the song been once moved from
tneir original posiuun, auu uiio waa
not another being in the room. The
next question Miss Mary asked was,
Will you play Yankee Doodle if I
will sing it?" and the answer was in the
affirmative. Miss Guild began to sing,
the raps keeping time as before. Many
other questions were asked and correct
ly answered. Miss Guilds a girl ap
parently enjoying perfect health, is
very lively in her actions, and is seem
ingly possessed of more than ordinary
intelligence. Mrs. Guild has already
invited Prof. Baldwin, who is soon to
Sve an exposition of spiritualism in
usic Hall, to fully investigate her
daughter's mysterious case, but she
does not think that he would be able to
explain away the mystery.
The great clock at the south end of
the Crystal Palace at Sydenham, Lon
don, is now in working order. It is al
most a counterpart of the great West
minster clock, with the exception of the
striking and chiming apparatus; and
the dial is said to be the largest ever
constructed, being 40 feet in diameter,
or nearly 1,308 square feet in area.. The
hands, with their counterpoises, weigh
nearly a quarter of a ton ; the minute
hand measures 19 feet in length, and
moves half an inch at every beat of the
pendulum. The distance traveled by
the point of the minute-hand is nearly
four miles a week. , During 17 days of
observation the variation, was eight seen
gads only,
wy-i'mrj1 '"-'"'

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