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WASHINGTON. D. C, FRIDAY MORNING, FEBRUARY 0, 1877.
MAKING A PRESIDENT.
AN EXIIAISTIVF. DKI1ATF. OVER
Evidence Introduced pro and eon and, the
Commlealon After Several Hours Seeelon,
Adjourn Until To-day Without Reaching a
The Commission reassembled la open ses
sion at 11 o'clock.
The counsel on both sides were present with
the exception of Judge Black.
The proceedings of yesterday haying boen
made public, the journal was read.
Justice CLIFFORD itated that proceedings
were now In order under the orders adopted
br the Commission vesterdar.
Mr. GREEN, counsel on the Democratic
aide, laid they proposed to call as a witness
(lionox F. Kak, of Florida, who appeared
and wis sworn by the Becretary.
Resides in Tallahassee, Fla., and Is
TDK ATIORKBI CINERjlL OF THK BTATB
Of Florid a.
Q. Were you present when the writ of quo
warranto waa served
Kr.BVARTS objected to! the question u
not within the order of the Court.
Mr. GREEN said they Intended to fix the
date of the owranfo proceedings, as they did
sot consider that the order of the Commission
excluded that question.
The question was put to the Court and the
Objection of Mr. Starts sustained.
JAMES S. TOMQB,
f Pensaeola, was next called, Had known J. O.
Humphreys for ten years i knew that he had held
the omee of Shipplnr Commissioner.
Mr. OREEN then presented the commission of
Mr. Humphreys and a certificate from the clerk
of the court in which It was filed; that no resig.
nation had been mod np to January 24, lift.
w Witness stated that he had transactions' with
Humphreys, as Shipping Commissioner, from
tout lime lnlST3 np to the lime of leaving Florida
In August lestj knew the man to be the same as
the one voted tor as elector.
Mr. GREEN said that was all the afflrmatlre
evidence they proposed to offer.
. o. HUMrnuTS
was called on the other side, and examined by
Mad been U. S. Shipping Ooratssioner, Ills re
situation as each was accepted Oct. tib, by Judge
Wood, from whom the effloe came. Witness here
produced the written acceptance of his reelgna-
Mr.MEBRIOK objected to the prodnetlon of
the paper, as It was the aot of an Individual and
not the act or the court.
To Mr. Stouohtov. The paper was receiv
ed from Judge Woodln eniwerto his resignation.
The letter was read and stated that the resig
nation was accepted, and that until he (Judge
Wood) coo Id come to Pensoeole and hold
coartthe duties would be discharged by eollee
ter of the port.
Another paper, a letter from lllram Potter, Jr.,
collector or customs, dated October 0,1874, ask
log witness to turn over tho books and papers of
Objected to by Mr. MannicK. ,
Witness suted that be did so turn over the of
fice, and had not exercised the functions ef the
otDce siaee. i -
Cross-examined byKr.aHEEN.'The letter wes
addressed to Judge Wood. Newark, Ohio, and
the reply came from there. There had been no
session of the court at Fensacola since that time.
The testimony was here closed.
Justice uiJrrOKD then announced that the
whole case was now
READY FOB AROCK1WT,
' "and inder the third rule counsel would be al
lowed two nours on eaen siae.
Mr. MEllRICK-Mid tbr bad to ask the In
dalgenee of being heard by three counsel, and
that as some Important questions had arisen this
tseraJsg that the time be extended another hour.
The commission granted the extension asked, and
at a quarter of 13 Judge Hoadlet commenced
Judge Uoedley'a Argument
lie contended that the tender of his resignation
to the Governor In Obo, and the aeceptanoeof
the same by the Judge In Ohio, wasnolaaaet
of the circuit court ol Florida, and that, there
fere, the resignation of Mr. Humphreys had not
been legally accepted, and that he waseonse.
qt ntly at this time holding an office of profit
and trust under the United States, and,ther store,
was Ineligible u an elector. He argued that
the cflect of the disqualification extended not
only to the elector, but to the State which ap.
Klntedhlm, This view be supported with qao
uonsfrom thedebates when the Constitution
was framedholding that the selection of an In
eligible elector worked a forfeiture of the rote
to the State. It was Intended to pro
tect the several States against the Ille
gitimate use of Federal power in any
one btate. Time hado shown that the evils from
Federal Interference were any lessttban our
forefathers had apprehended. lie laid fa l3T fire
postmasters were among the electors, and Mr.
Clay Introduced a resolution, directing the Joint
committee to inquire Into this Infringement or the
clause of the Constitution. It wes then held that
It was the dnty of Congress to take testimony and
inquire Into the facts. The committee did not find
time to ascertain .whether the parties of the
same heme were the same Individuals, and as
their rotes would net change the result the inqui
ry was not carried out. Hut at that time the idea
wss entertained, although the committee did rot
to think, that a single disqualified elector Title,
ted the whole electoral Tete.
Judge Headley quoted English authorities to
show that in the event of the election
or an Ineligible Indlrlduel the election
was void. There was no American precedont'to
the contrary, although there had boea a wide
range aa to the effect of such 4 failure to elect.
open the other candidate. In a Fennsylranla
rase .where the candidate was disqualified, the
election went back to the people. In the Indiana
cases the next highest candidate had been elcn'
ted. and in other casss the, parly had been un.
sealed without seating bis opponent. The acts
of Uengreic Indicated a disposition to furnish a
remedy where disqualified electors had been cho
sen, as where It was prorlded Ithat the State
might select a new elector where one disqualified
had bet n chosen The State baring failed to take
advantage of the 134th Section of the Revised
Statutes, baring failed to remedy thenou-eleoi
tlon, there was a vacancy, and one rote was do.
dared lost to the State. He referred to the de
cision of the Judge In the late Rhode Island case,
to the effectttbat the Ineligibility of snoot the
candidates worked a vacancy which could be tilled
b the Legislature j and argued that had the
office not been filled there would hare a vacancy
existed In that State. lorlda,llke Rhode Island,
bad ample opportunity to correct the error and
fill tie vacancy had she chosen to avail herself of
Mr. Creena Argument.
Mr. GREEN desired to call the attention of
the Commission to the claim that the letter of
Humphreys to Judge Wood, and the reply of the
same were net the act of the court, and that the
certificate of the clerk of the Circuit Court of
Cclorada read this morning, showed that tbo
resignation had not been made a matter of record
In the office of the court.
He next proceeded te discuss the case under the
first part of the order of the court, to consider
unly the papers contained la the package opened
by the President of the Senate. The papers were
- in turn reviewed by blm as to their character.
He argued that the formal character of certifi
cate No-tf, entitled It to some coaslderatlon by
the Commission, and contained the reasons why
It wss signed by the Attorney Uencral, and not
by the Governor, because toe electors certify
that the Oovernor refused to so sign it.
Certificate No. 3 bore the certificate of Uorer
norDrew.tbeSeeretary of State, and the seal
of the State, with the proceedings In quo war
He contended that the statutes and action of
the courts of the State were matters that the
commission should Inquire Into to establish the
Illegality of the certificate No. 1. The 8u
prente Court of the United States had held
repeatedly that the decisions of the highest
court or a State were as authoritative as the
The Commission had, he said, be Tore them In
the third .certificate, not only the certificate of the
Governor, but a tabulated statement or the pre
cise number of votes cast In each county In the
State fot the diflcrent candidates. This certlfi
cate had the authority of the Executive, the Ju.
dlclery and the Legislature all speaking in a
unanimous and nulled voloc, speaking upon the
question which Is now to be decided by this tri
bunal, it might, he sald.be argued that this third,
certificate did not arrive In Washington by the
first Wednesday In January, and was, as ho
thought, by a forced o instruction therefore too
He srgued and cited authorities to sustatn his
proposition that the clause was merely directory
and not mandatory. The main fact he urged was
did the electors vote according to the constitu
tional requirement, end the mere transmission of
incir neiieiv 10 iiit irenutni wae an luoiuemai
matter, and the time within prescribed limits was
notof the essence of the transaction. The main
point was mat me vo
(he count took place.
Herlslmed the Hits submitted with certificate
No. 3 were effectual, and that a delay la the per
formance of a plain duty did not prevent the per
form ante of that duly.
In conclusion, Mr. URKKN contended that the
laws paised by the Legislature of rlorlda slnco
January lit, in relation to the recent election.
he Fourth I'age.i
were net sa eeifecfe laws within the meanlntr
of the Constitution. He gave notice to the other
side tbet under the order of the eourt they ehonld
leeietthatthe Commission could look Into the
procedlngs under the cue verreitfe,
Mr. Bhellabarger'a Argument.
Mr. PHELLAD AROER followed on the other
side. He said stace he heard the decision or the
Commission had refused to bear testimony in re
lation to the ee werreafe proceedings, be had
thought all discussion ol that subject uncalled
for. In the papere laid berore the two Ileuses
there was but one allusion to these proceedings In
eve warranto, and that was In the certificate of
Governor Drew. Those proceeding were not be
fore the Commission, and could not be brought
here by the allusion In the Governor's message.
He submitted the proposition that all acts la re
lation to the accomplish meat of a eertaln act
must antletpate the act Itself, and on this propo-
liuon every act mat iouuww iui viociori tuio
was excluded. He contended that the cower of a
State was limited to appefaiavfif. and that no act
pertaining to appointment could be had after tha
appointment bad been made, aad the office had
Mr. THUKMAN asked, supposing tha ease as
atated,would tbere'bo action looking tofan Inquiry
whether any epoointraent was made.
Mr.SHLLLABAROMl said that when all that
could be done by tbo Bute bad been done, ac
cording to tbo requirements of the law
of (the Slate existing on the day ef election, the
Kwerof the State passed away and It became,
erefore,a Federal trust. The power ol the
State wee en that day forever ended. He con
ceded that It wae in the power of the state to try
by her own machinery the power of her electors,
but the scrutiny must be made prior to the dis
charge of the funetions of the office. Machinery
to contest an election after the office had passed
away would, he said, be an absurdity,
The requirements of the Constitution as to time,
Ite., were put there, aeconld be seen by reading
thedebates on the Constitution, to prevent in
triguing In a State after she bad learned how sis
ter States hsd voted. That Droceedtnors had been
commenced prior to easting the vote had been
alleged. This, be said, was donenot by the State,
but by defeated candidates, and Its effect, f f per
mitted, would be to enable a man when he was
defeated to ley the foundation for future action
when he learned how ether States bad gone.
This would overthrow the wise precautions or the
founders of the Constitution.
He maintained that the State had endowed the
electors with all the powers of their office and
tbelr act was an act of Government that could not
be queetloned. It was an act els erfet whether
an ect of it tur or not.
Mr. SUELLAUARGER referred to the ease
of Rhode Island when Mr. ltobbtns had been
elected Senator, and six months later undertook
to make that election veld and elect Mr. Patten
( ta nil.. V.kLI.. 1 kl.h I. .a fe.l.
that the causes which would make the election of
a senator void must no seen as would set aside an
laws made bv the bndv and deitrov tha Ievlila-
ture Itself. The closest analogy to the choice of
an elector was such axcase as he had JustclteJ.
If the Senate with Iti enlarged nowere In ralmfon
toltsownmembereetnid not question the act of
a legally constituted body.of aStateLeglslsture,
bow much less under only the power to county
could the two bousss go behind au election ac
complished according to all the forms of law.
If the rale was established that eue wen-en f
froceedlngs could undo the election prior to the
ourth of March, the same rule would apply to
any time after that date during the Whole term
of the Presidency.
Mr. EvartV Argument.
At half pa it three Mr. Etaxts proceeded io
Cloee the argument on that side.
Mr. EVA UTS said that the result of the
deliberations of the commission as shown in the
order, was, that It would receive no evidence, but
would simply Inspect the certificates, save in the
Instance of the qualification of one of the elect rs.
In this be did not understand a decision as to
what would be the effect of a want of qualincj
tlon on the part of an elector. The other side, he
said, had proved no occupation of the office since
August, 1870. He did not think that It was
objectors to show that he wee Id office on the Tth
Of November. Thev had shown that he hald the
Lofllee In the month of August, and in the absence
i jiiwi tw in. wouirri in presumption nut
be that the office terminated there. iThe testi
mony of Mr. Humphreys showed that he had not
held the office nor made pretentions to It, and that
the duties had been discharged by the Collector
or the Fort.
The office bed, herald, no term prescribed by
the statute. There was no clause requiring It te
be held till a successor was qualified. The act
prorlded that If there was no incumbent the du
ties should be discharged by the Collector.
Would any one pretend, under this state of cir
cumstances, that the offiee could not be surren
dered at will!
Resides this were the electors required to search
the archives of the county to find whether Mr,
HrxrnatT'a was qualified f
They knew who held the office and discharged
It s dally functions, and were they to be deprived
of their voice en a plea of thls"oharaeter,f lie el
ted authorities to show that a civil officer had the
power to resign his offiee at pleasure, and It waa
hot In the power of the governor to compel him
to retain the office.
In England, herald, the ease was different,
but In our country we had been content to rest on
uiv wgraiDB- maxim mat "none resirn."
Mr. EVARTS proceeded farther that the Con
stitution did not execute Itseir, and that to make
the disqualification of an elector effective there
must be leaislation to carry the provision into ex.
ecutlon. He maintained that the first certificate
was perfect In everv respect, and that every pro
vision of the Con i titntlon and the law bad been
compiled with. It the Commission would not at
low evidence to support the primary genuineness
ef the first certificate he said It would not allow
collateral evidence, to be presented with the
The pipers accompanying tha second paper
were irregular, from the (act that the paper which
they accompanied Itselfwas Irregular not hav
ing the certificate or the Oovernor, but purport
ing to be certified by the Attorney Qeneral, who
had no more authority to give It than the com
mander of the militia of the State.
Tha third paper be said bad no sanction of
authority by the Constitution or the laws of the
United States, or the laws or the State or
Florida, at the time the transactions wero per
formed. II the action Of one political party could
be reverssd by a successor, then all contrivance
to make actions final went for nought. The cer
tificate, he said, was made the vehicle of carrying
to the presence of this Commission a matter
wholly unauthorised by the Constitution- No
body would pretend that thle was a certificate ot
election. It was not a certified call of the State.
It was not such a taper as the President .or the
Senate was bound to receive, and was without
force before this Commission. They bed the
acts or a Legislature that was not a Legislature,
and the certificates oTa Oovernor that was not a
Governor ,at the time the act wss performed.
He contended that the Constitution made It
imperative that the votes should be rest on one
day, that the act might not be undone on an
He referred In conclusion to the Commission be.
Ins: now In the performance or the duty or the two
Houses, which It was never contemplated by the
Constitution should be Interrupted for a day or
j Mr. Merrick's Argument
Mr. MERRICK closed the argument for the Do.
mocretle side. He said the counsel ontheother
side had taken a step In advance, and new soughs
v t.eiuuc kvbi wniiutiiuon vyvrjiuiUK vnuit
had been submitted to this Commission, Ileap-
F ire bended that when the Commission turned
rom the picture that had been presented, and
looked upon the counterpart, they would find a
ptcturemore startling and shocking to the sense
of the community.
Referring to the question or the eligibilities or
electors, he said, the Ineligibility did not so much
work against tha elector as against tne Statet It
wax tha Htata that wn dtirlwd of tha vat. Tha
clause of the Constitution was In the nature or a
llmltatlenor the power of appointment, rather
than a disqualification of the loeumbent.
If it should be held that the first certlflcatewas
valid, he held that one of the electors wss dis
qualified, and that hence the State had forfeited
one of the votes therein certified. He denied that
they were bound to show that he oeeupied the or.
flee up te the day of election, and they had shown
bis appointment and eontlnuance tohotdtfaeofnee
up to near thedate or the election, end in the ab.
eence of proof to the contrary, It has the presump
tion tbathe continued to hold the office at that
Mr. MERRICK said the law Provided that the
appointment should be made by the Circuit Court,
aud It followed that the reslgne tlon must be ten
dered to the circuit Court, the records of which
shew that no such resignation had been filed,
yfu boars iHQriav.
Mr, HOAR asked to Interrupt, and Inquired
whether Mr, Nkurick thought that if Mr. Hum.
phrejrs had been elected h Representative or Sen
ator, and the Judge or the eourt refuied to accent
the resignation, he could not accept the office,
Mr. MERRICK replied that he did not so
hold, but thought the resignation should be
senttotbe ctuittobeflled, when tbo court was
Passing this point Mr. MERRICK said he did
not understand the order or the eourt to be that
because extraneous etldenee had been excluded
in relation to certificate No one, but that the
other certificates should not be used as evidence
of the cheraeter of certificate No. 1, He
maintained that In a ceurt or Justice a party who
applies for a piece or evidence and does not re.
ochre it, It In as good a position as ir he had
received it,end that the relu'al or the Oovernor to
certify the Tllden electors did not and should not
operate against them. They went to the Oov.
eruor, carrying wit h them a majority of the votes
or the State, and asked for the certificate. That
INTIEMAN TREATMENT OF AMERICAN
CITIZENS BY A DEMOCRATIC HOUSE.
All the Forerunner of Copperheadlsm Fly
sonlittle Bam Cos get off hie Joke on the
Most Vital Question of Human Misery
Another Effort to Abollali the rollce
In accordance with the egreem'nt made on
TVedneidey eventnjr, the Senate met yester
day at ten o'clock, and the Indian appropria
tion bill was read thiough to empty benches
Mr. Allison appeared tn the da al capacity of
presiding officer of the flcnat. and as having:
charge of the till, and he filled both wtth his
accustomed grsce. The hill was passed be
fore the expiration of the day's session, and
with very few amendments.
as Senator from Arkansas were presented and
After the presentation of bills and petitions,
and the transaction of other routine business,
the Senate resumed consideration of the bill
to pay Captain Jaw is II. Bads, and after a
long discussion the House bill was Indefinitely
postponed by a vote of SO to St. The effect of
this action is to authorise the payment to be
made In bonds and not In money; for In the
absence of legislation to the contrary, the
Secretary of the Treasury Is required, under
the contract, to psy la bonds without further
instructions. By reason of the appreciation
of the bond, Captain Eads will get $60,000
more than he would have received had he re
Among the petitions presented was one
from Mr. Jko. ll. fixwute. for pay for the
use of the Beaton House building by the
IIoTtse of Representatives
Un. Bdcxkih la not satisfied with the ac- '
tlon of the Senate In vetoing the bill to abol
ish the Police Board, sod to trarafer Its duties
to the Commissioners of the District of Co.
lumtla, and he purposes to try, try again. To
that end he Introduced! another bill yesterday
for 'the purpose Indicated. The only differ
ence between the nowpendloir bill and that
vetoed Is that 'Instead 'of taxTog effect forth
with. His not to take effect until March 5th.
But the same objection would hold to this.
ae to l he other hill. The Police Board will not
have time between now and 'March 6th to in
stitute and carry out 'needed reforms 1 and It.
was to afford them such an opportunity that
the President interposed with a veto.
Have we a Basllle In the 'capital of the na
t'on f Tlave we under the lead of a Demo
cratic House ofRepresentatives, In a measure
turned back the centuries, and returned to the
days when the Inquisition waa a recognised
power and when the thumb-screw, the rack
and the stsrratlon process were wonted to
force tonfesslons. These are .pertinent Inqui
ries that raust have suggested themselves to
the minds of all fair men who heard the de
bate j e etc May, which la printed In the regular
Congressional proceedings, on the resolution
offered by Mr. IIalb in relation to the Im
prisonment of Got. Wxlls and lien. Airorn
bon of the Louisiana Returning Board.
These gentlemen are confined In what is
commonly known aa the "Crypt," In the
Capitol. It Is neither more or less than a
dungeon, without proper conveniences, with
out ventilation, where God's sunlight can
never enter, and which Is lighted altogether by
gas Jets. It 1s no wonder that confinement lu
such a hole as this should affect the health of
strong, robust men, to say nothing of a man
like General Wills, who la over 70 years, of
age. ne naa Dtcome bick in consequence, ana
Is now under the hands of his physician. The
attention of Speaker Randall wss called to
the subject, and he, out of the natural kind
ness of his hesrt, (for Mr. Randall is con
fessedly a klnl and humane men, and is al
ways disposed to do right when partisan poll-
cs don't Interfere,) directed that the witnesses
removed to the room of the Committee on
ducatlon andLabor.wblch Isa comparatively
well lighted, well ventilated and comfortable
apartment. But the committee wanted the
room for a meeting, and so Serpexnt-at-Arms
Thompson put the witnesses back In the dun-
feon. Mr. Hale yesterday called Itho attent
ion of the House to the sublect In a letter
from Gorernor Wells, and moved a resolu
tion directing the fie rgeant-at-Arms to pro
vide them with more healthful quarters. Mr,
Hale, General Banks, Mr. KAtsox.Mr. Wil,
sox, of Iowa, and other Republicans advo
cated this resolution on simple grounds of hu
manity, tut Messrs. Cox, Vi oou, Cltmeb ani
others had to drag politics into so simple a
question. They referred to the fact
that a Republican Congress had hereto
fore Imprisoned contumacious wit
nesses, but thetplctfeOr rather excuse, for
their action tnthls case waa cot well founded.
The Republicans never treated witnesses as
Wh-lb and And e a son are treated. They
never put men Id a loathsome and unhealthy
dungeon, and when they did hold them In
custody, and the fact was represented that
the prisoner's health was suffering thereby,
they were permitted to change tbelr quarters.
But the worst feature pf the discussion was
the lntlmstlon thrown out by Cox, Wood and
Cltmeb, that they Intended to hold Wells
and Anderson IncustodyuntUtbeyanswered
the questions of the Investigating committees.
As Mr. Male well said, their remarks could
only lead to the logical conclusion that It was
a ipait of the plan to force confession by
punishment. Mr. Cox made merry
over the sufferings of these men; the
lachrymose Cltuzr almost, wept anew
over the wroogs of his suffering -countrymen
who were belngoutrSged because the se
witnesses refused to testify aa David DCplet
Field and others of his committee wanted
them to. FEnNANpo Wood, In discussing
the subject, murdered the King's English most
atrociously In fact, worse than be generally
does. He talked about "damnable conspira
cies ;" of cases that were not "defendable ;"
announced that utny position la thus," and
pronounced contumacious as though It were
spelled ('contumashlous," which are but a
lew specimens. The remit of It wss that by
a solid party Tote the Democrats carried the
nour again si me numane suggestions oi tne
Republicans ; and so far as the former are con
cerned Mit. Wells may rot in a dun,
ceon In which Mr. Wilson of Iowa
said he would not compel one of the animals
on his farm to remain. Hut the House In this
Is only carrying out the bull-doztog. asiasslna
tlon policy of their supporters In the South
When they csn't accomplish anythlpg by fair
means they retort to that which is foul.
That big hall million claim which got Into
the Deficiency appropriation bill on Wednes
day, In Committee of the Whole, while tbo
Members were excited over the action of the
Electoral Tribunal, Is likely to be defeated In
the House. The Members on reflection see
that they would make a great mistake to tack
on all these claims. When It wss reported
from the Committee ofthe Whole yesterday, It
was more fully explained but was defeased on
a rising vote when Its friends called the Teas
sod cays, pendingwhlchths recess wss takenv
1 A few days sgo a resolution wss referral to
ishe Judlclsry Committee authorizing them to
report whether, If the House should proceed
with Us regular legislative business aaer 13
o'clock each day it would be In contravention
of the electoral law. The committee gave
their judicial opinion to-day that It would sot,
and wanted to have the report referred to tho
Committee on Rules,
Mn. Conger and others objected because
, the Committee on Rules has authority to re
port st any time, which the Judiciary Comi
rotttee has not. Tho very anxiety manifested
by Bpcsker Randall yesterday to have It re
; ferred so that It could bo reported at any time
ahould make the Republicans suspicious of a
trick. They shoull not allow themselves to
lose one point of leglslstlve advantsge which
they now pot sets, if it passes, and they
should find a trick In It, fa the future the
Spesker would, ss he bss done on other occa
ilocs, I wit them with the reminder that they
should Iibtc understood Us ecope better before
they allotted IttopSse.
MINOR CAPITAL TOPICS.
The Senate la executive session yesterday
confirmed the following nominations. U. V.
Xelley.of West Virginia, to be register at
Santa Fee N. M , and the following Fost-masters,
Ldwerd Olsdell, at Cornlog. N. Y..T. U. Patton
at Altoona. Fa. and J. H, Masten. Cohoes,
The Mew library.
In the Senate yesterday morning Mr. Mor
rill, ef Vermont, lntrodaced a bill authorising
the purchase of certain groands on which to
ereet a fireproof bonding for the library of Oon-
freis. It provides for the pnrchaie c-f,the.sqaere
etween north D and north O streets, First and
Becond streets east. The trronnd Is to be pur
chased by the Secretary or the Interior at Its
llonee Committee on rowers and Other
The Committee on the Powers, Privileges
and Dntles ofthe Home transacted no basinets
yesterday, beyond reqalrlna of E. W. Barnes,
mansaerortne western union Teiegrapn uom-
pany at new Orleans, the prodactioa of a nam.
ber of telegrams emanating from members of both
political parties, and then adjourned until this
The Condltlen et Secretary Morrill.
At a late hour last night, Dr. Pope reported
that Secretary Moorill'e condition tston the whole,
notunfavoneble, although he has sonshlerabU
delirium, the fever has not Increased, and he
takes nourishment freely. He was Tlslted by
President Orant yesterday mornlag. and the
Secretary' expressed his regret that he should
be sick at the particular time. Strong hopes' ero
entertained oi his speedy recovery by his mends
Another Ineligible, i
Albert Peyter, an alleged Ineligible Demo
cratic elector front West Va. arrived here yester
day morning In obedience to a subpoena from the
Senate Committee biiFrlrl'eze and Elections.
I'syiet't ineiigiDiuiy is caimea on tne ground
of his being a native of Poland, and not having
be n a naturalised cltisen ef this coaatry. Ser.
ersl witnesses have been sobp-vned totaatlfy In
the east. .Mr. Peyiir claims to be native of
New York Bute.
Senate Loalitana Xnvesttgaton.
The Senate subcommittee on Louisiana,
Senator Howe prssldtox. met at tan o'clock yes
terday morning. Judge Davie, the ealefelerk ef
the renowned lie turning Board, was Recalled and
cross examined by benator McDonald. He wae
questioned at some length respecting the vote of
Vernon and Orant parishes, hut dieclosed noth
ing of Inportence sgatnst the integrity et the
Board. The testimony In detail will be found
among the archives of the Congressional ln
veatlgatlon, to which Interested ones arc respect
Shoulder Straps Again.
The House yesterday passed unanimously
a bill to restore to his former rank la the army,
Captain Thomas J. Spencer. Captain Spencer,
during his suspension, baa been engaged as a
journalist In this city, and has made many friends
among the newspaper "beys." While oonrretn'
laiiuv aim nriMj djwd in iciwu 91 ma iitaie,
and the probable action of the Senate, they will
be sorry to hate blm leave their ranks. Oaptalo
Spencer wss rourt-mertiellad aad dismissed frr
challenging his superior officer te a duel.
Lieutenant-Commander Thomas, Nelson to
ihe hyd,rographls office, Uthlnst) Assistant Sur
geon Geo. F. liumsdento the tralulaa: shin Mla
nesota, at New York; Passed Assistant Engineer
Wm. A. II. Allen to dnty in the bureau el steam
engineering! Ileat. I. O. Imogen has reported hts
rwmrn son, ubtibk peca atieearn irom ine l on.
HIM. Asiatic italfon. on tha 11 tn or Dtunbir
last, and has been placed onwaltlnirerderii Uhlet
Engineer Wm. D. Brooks from ttfT Marlon and as
nti cDsisear 01 tne auroDean xiaucm. on tne re
porting of hie relief, and oideredCrjPfeexWa heme
ana wan oracrs.
A Senate Without SejeSUore.
When the senste was callcd'to order yester
day, by Mr. FrtBT. there were present but tw
Senators, Messrs. Allibox and iWbiort. The
unfinished business being the Indian department
appropriation bin, ft was agreed to go into Com
mlttee of the Whole, and read the entire bill,
which consisted of sixty-nine pagis of printed
matter. The President called air. Allisox t
the chair, and then Messrs Fxrbt and Wbioh
lelt the Senate chamber, thus leaving a presldln
officer, a reading clerk and not a tingle sensto
en the floor. Theutmostquletanddecorum tha
prevaled, would have beenamostbeautlfalex
ample for the turbulent Home to behold.
The Toet Office Appropriations Bill.
The Post OfBce Appropriation bill as reported
by the Senate committee yesterday. Is increased
lu amount about 1,900,000 over Its total of thirty.
three million two hundred and twentyone thous
and, as passed by the House.
The principal Items of increase are as follows:
For mall transportation by railroads, 9oo,ooa;
(making the total for this purpose J,eoo,000;j
compensation of postmasters, ajSQ.cooi payment
of the carriers, 1160,000: railway post offiee clerks;
SlTt.OOOf route gents. $103,000; matt messengers,
aioo.ooOj clerks In post offices, ejiooooo; maaufae
turer of stamped envelopes and newspaper wrap
pers, f 84,000; postal cards, tu.000; advertlelng,
a3,coui miscellaneous and Incidental expenses,
The total of the bill as now reported exceeds
that of lest year by about $.60,000, hat Is $t,0OV
ftO less than the estimates.
HEKDE113 ON THE PLAINS.
Chased by the Indiana, and their Horsee
CiiEYXNKx, W. T., Feb. 7. The 'following
report is brought by a herder who arrftsdhere
last night. It lacks confirmation 1 He saysithet
en the tth Instant, while be was herdlag eattls
twelve miles sooth of Piae Illatfa, and aeoul fifty
mllen southeast of this city, he camanpon about
thirty Oheyenne Indianswao appeared to 'bare
gone Into camp permanently. The herder wae
on loot when be discovered thelndJeas, and hid
himself In the bushes until he could escape en
observed. 1 The Indians found his pony and took
It Into their camp. Night berore last the Indians
drove en" seven bead ol stock from Sabelles ranch,
near Ohugwater. The herders were chased by
the Indian, but escaped. Last week a lot of
pontes were stolen from the Hod Uloed agency by
white horse thieree. A party of soldiers went In
pursuit, snd yesterday oveitwk sad captured two
ofthethlevss,reeoverlagiSpentes Therawas a
third msn with the stolen ponies whs managed to
THE JEItSKT MU1UJERERS NOT TO HE
Oschn altl and Jtyan llcprlered for One Week
Trenton, N J., Feb. 8. Governor Bedle,
of New Jersey, sent to Newark last evening a
messenger bearing a reprieve of one week to
Oschwald and Byan, who were to be hanged to
morrow for tha murder or Policeman Drocx.
Oovernor Hedle explains his action In the follow,
log State paper 1
Yeetcrdar a bill came th my hsndi, pasted by bolU
Houtce. rrqulrlijjr the allowance of a writ of error
and Hay of execution as a matter of course In all
The change proiwitd Is ao Important tt Ui
an ml a Is trail 011
mraiipuMi crimiuKi im
that 1 lie Ml
'amM mv ilulv ta rraut a ni
thai lliehlu iaertt-ctltdue ton.ldcratlou. and.
ton.ldcratleii. ami, I
e will of the Leglsla
I have, therefor w, re
It Is to become a law, tbal the
mm n it uoi us iriimiraitHi
prlevrd the prUoaerl until Tbureday, the 1Mb. day
VI nuru.iiiuii. v. . v.uiih uuiiiuvii
SherlnT Harrison got the news at Newark by
telegraph in the afternoon. He Immediately went
to the ssex County I'rlson, where the men ware
confined, and resd the despatch to them. The
men's faces lit up with a glowef delixbt, and
they thanked blm for the good news heartily.
Clara Morris Again Sick.
( By Telegraph to the National Bepubllcsn,
new York, Feb. 8. Miss Clara Morris
will leave to-day for Sana Barbara, Cal , for her
health. She Is still very HI and sailers greatly,
though she Is much better than she has been
bbewlll begin a starring tour In April next. If
her health permits, opening In Uoston In "Mlas
Organlxlng Hands of Frontier Scouts.
Sin Fiuhcisco, January 8. A Tucson
Arlsona despatch lays that OorernorSafford has
lelegTBphed the Secretary of War for arms, and
that he will call out a company of volunteer
scouts, mostly Indians, for sen tee against the
A Busuensloii of Interest on Tenneasee llond'.
(By Telegraph lo National R-publlcan.)
Nasutillk,Ti8x., xeb. 1, The State Senate
to-day concurred In the Home resolution directing
out pt roller and Treasurer to lappou 1 paymoat of
Interest and State bunded debt.
ATTOFNET-aENEBAL TAFT ORDERS A
DISMISSAL OF THE CTtlKINAL SUIT.
On the Direction ef the rrealdent at the tU
cesttsnendaUen of District-Attorney Welle
Judge Mac Arthur Grants the Order of Dla
comtlnnanee. In the Criminal Court yesterday, District
Attorney II. II. Wells stated that by direction of
the Attorney! enerai he waspreremptorny or.
dered to enter a neU erenow in the ease of 0n.
W. W, BxLKXJtr, Ex-Secretary of War, who wes
Indletedfor receiving bribes while holding the
position of a Government officer.
TaaCorat, Is the order positive andlnwrtt-
Dibtki ct-Attobxxt, Yes, sir.
TnaCoraT. Well, a copy of It mast be filed
with the clerk before the order can be made.
The following action In relation to the mat'r
wss subsequently filed with the elerk of tb
Omen 09 tbb U. s. ArroanxT, )
Jen. Jleaenia Ter, Jlfemey General oJki
Stat I have the honor to return herewith a
letter addressed to the President, dated Jan. ltf,
lSTT,by Matt II. Carpenter, counsel forOeneral
ueiknap, and by you referred to me en the 23d
In the report of the Impeachment trial ofOen
era! Belknap, there Is a very lengthy report of
the testimony op both sides, which 1 presume
may fairly be suppossd to exhibit the proof
against the accused, at least as eonolnslrely and
strongly as we could expect the evidence to ap
pear In a trial before a common law Jnry 1st;
was maintained at that trial, that to convict the
arm led It was not necessary to establish his guilt
of a statutory offense, nor was It requisite that
tne proor should snow his gunt or every material
element In the offence "beyond a reasonable
Hut whatever the Gurnet rule In an Impeach
ment trial may be, there can be no'doubt what
ever that 1 t
tui rnxecMPTioa or ianociacs
In this ease will go with the defendant until, by
the verdict of a Jury, he Is actually found guilty,
and thst he cannot be thus found guilty unless
the testimony establishes thai conclusion in the
mind of titrj Juror to the exclusion of allreaton
able doubt. A careful examination of the teitl
mony as found in this report eannot, I think, Tall
to Impress any one who reads the same, notwith
standing the rather oontemptaoqa light. In which
Mr. Carpenter regards It, nqt only With the
gravity of the Charge, bat that the testimony In
soppert of It Is or very great Weight. That the
accused held office and appointed the post-trader,
and that a regular stipend, amounting to many
thousand dollars, was paid as a consideration tot
the appointment to and .continuance Inthe place,
and that a definite portion of the sum went to the
family ofthe accused, if not to him In person,
cannot be doubted, nor do Isee how in the
presence or that testimony a trial on such
charge can be said "to be for nothing, or be denom
inated 'a persecution."
I cannot, however, when called upon, at Uss I
am, to express my opinion as to the probable
result of such a trial occurring after a trial and
acquittal on some ground In the Senate, say thai
X have no doabtof the result. Not only to, but
I do believe that a conviction Is very Improbable.
Itlshighlyprobablethatannmberer the jurors
might hare grave doubts as to whether the
money was paid to the defendant and received by
him with knowledge or belief that It was a prlee
for tho appointment already made, or
a consideration for continuing the person
in the poaltlee,' and under these doubts they
eonld not convict. I believe, on the other hand,
that others ofthe jury wonld conclude without
doubt that the receipt efeo large a sum of money
from the person holding the appointment; and
who was personally known to the defendant, was
Inconsistent with Innocence and conclusive evi
dence of guilty knowledge. They, therefore,
would not sgrce to a verdict of acquittal.
And I, therefore, should have very little ex
pec tat ton of an agreement by the jury In; a
verdict of either guilty or not guilty. My ex
pectations would be that a long, expensive, and
laborious trial would result In a disagreement,
lam, sir, respectfully, your obd't servant,
U. S. District Attorney for the District of Oolatn.
ORDIR Or TOE COURT DIBHIB6IXO THE SUIT.
United States vs. Wm. W. Belknap, Indict
On reading the papers andjtastructlone filed
herewith, and on motion of IT. II. Wells, at
torney for the United Btates, It 'is ordered
that the Indictment In the above entitled case
No. 11,202,16, and the tame Is, hcrsby dismis
Feb.8, 1877. Justice.
The President's Indorsement.
This letter came back with two endorse
ments, one from the President as follows:
In ttrte of iht within ttattmtnt of th
Dittrict Attvruty of th$ DiKrtet ef CoXum.
bta in tht can of tht Vnittd Statet vs.
W. W.JMlnepttottntfKt that As UlUva a
amtittion improbable, and in vUw of tht long
ttrfftring of lh$ accuted aad tht grttt txptntt
olrtady tvbJttUd to, I think tht DUtrkt Attornty
thould bt direettd to dltmlit tht tuit .
Ftbrvary I, J877. V. S. Q2tJLNTt
The Attorney General's Order o' DleconUnnp
The second endorsement was as follows:
February 1, 1877.
In accordance with the foregoing endorse
ment of the President you are directed to dis
miss the case therein mentioned.
To H. II. Wells, Esq . District Attorney
ofthe United States for the District of Col
umbla. 8 EN AT OK SIMON CAMEItON SUED,
For a Ureach of Promise of Marriage Ry n
Widow-. Damage Laid at 50,000,
Messrs. Peter fc I'eter, as counsel, have en.
tend suit sgalnst, for their client, Mrs. Mary
6. Oliver, Senator Simon Cameron, for breach
of promise of marriage. Thedstnsges to tha
lsdy's wounded affections are set at the mod
est figure of $50,000, In her complaint she
ssys that on December ?th, 1875, be faithfully
promised the plslntlff to msrry and take her
for his wife In a reasonable time; although
the period fixed for the msrrlage has long
since elspscd, she. confiding In the promise
glrea, has always boen prepared and ready to
take him to be her husband, but from time to
time he has refused and still declines to fulfil
his promtee, and she therefore claims the dam
ages stated, besides costs. Mrs. Oliver Is
somewhat beoeath theordlnary size of women,
but of excellent figure. She has rather a pre
possessing face, with blue eyes and llht
brown hair, and displays good taste In her
dress. She Is psst the sunny side of 80 and a
widow, rumor ssylng that her daughter at
tends school in Pennsjlranta while ahe re
sides here snd fills a clerical position In luo
DAMS FAILURE IN HAItTtOItU.
Eallmateil Deficiency of a Half Million
By Telegraph to the National RepubJcaa,
The defiencr In the Farmers' and Mechan
ics' National Hank Is estimated at from 100 01
tof0,0 The amount Includes various loans
which are not wholly valueless, and that securi
ties to a considerable amount have been received
from the borowcrs since yesterday, Tbedlipateh
sajs Cashier Chapman stated that he could not
give the preolies rlxures until the examination Is
concluded. He admitted tbat the bank will bus.
tain a heavy lose, probably not less than SSW.uw,
but that Its stability will not be endangered fur
the reason Wat the lait statement, dated January
SOth, showed a capital or S1,luo,0Oi) and a surplus
efSWOOuO and tKooo undivided profits This
surplus will be swept away, but the stockholders
are nien or large wealth and will make up any
deficiency that may be discovered on the official
She Opened the BrilUh rarllment Teeter
day Her Majesly'a Speech from the
Throne Interesting Proceedlnge TJpen the
I By Telegraph to the National Republican.!
Lokdok, February 8. The session of the
British Parliament for 1877 was opened by
her Majesty the Queen In person to-day. The
weather was fair and mild.
Her Majesty left Buckingham Talace short
ly alter one o'clock, In the royal state car
riage, attended by a brilliant suite. The royal
escort wss composed of a detachment of the
Her Msjisty alighted at the Peers' entrance
of the Parliament building, where ahe was re
ceived by the Deputy Lord Great Chamberlain
atd the great officers of Btate and conducted
Into the house.
The Prince and Princess of Wales were pres
ent, and there was a brilliant assemblage of
ladles. All the foreign Ministers and the
Chinese and Japanese embassies were also
;The Earl of Beacona tu Mr. Dilraell,)
carried the swerd of State before the Queen.)
After her Majesty had taken her scat on the
throne, the Lord High Chancellor read the
The following Is the
With much satisfaction I again resort to the
advice and assistance of my Parliament. The has
tUlties which before the close of last session of
Parliament bad .broken out between Turkey on
the one hand, aad Ssrvla and Montenegro on the
other, engaged my most scrloas attention, and I
anxiously waited for the opportunity when my
ood officers, tore t her with those oi mv allies.
might be usefully, Interposed. This opportunity
solicited itself by the solicitation oftierrla for
our mediation, the offer ot which was ultimately
entertained by the Porte. In the course of the
negotiations, I deemed It expedient to lay down,
aad In concert wltbtbe other I'owere submit to,
the Porte a eertaln basis upon which I held that
not only peace might be brought about with the
principalities, but that a permanent peciOoatkm
or the disturbed province!, including Hal carta,
and the amelioration of their condition might
be eOeetcd agreed to by the Powers,
they required te be expanded end worked out by
negotiation er by a conference, Accompanied by
an armlstlee. The Porte, though not accepting
the basia and proposing other terms, was wilMeg
to submit tbcm to the equitable consideration of
tha Powers. While Ttroeeaillna tn ajtt in thl
jmedlstton, I thought It right, after ran Inquiry
into ina lacie, 10 Denounce to tne pone the ex.
eessea ascertained to have been committed In
Bulgaria, aad to express my reprobation of their
perpetrators. An armistice being arranged, tha
conference met at Constantinople for the consid
eration of an extended term, in accordance with
tae original basis. In which conference I was
represented by a special tnvoy, as well as by my
Ambaiiador to Turkey. In taking these steps,
my object has, throughout, been to main
tain the peaoo or Pnrope and bring about
better government of the provinces without
m fringing upon the Independence and Integrity
Of the. Ottoman Empire. The proposals recom
mended by mjseir sod allies have not, I regret
tossy, been accepted by the Porte. Hut
Tn xtBOXT or tbs coxrxaxRcx
has been. to show tbo existence of a general
agreement among the European powers wbieh
cannot; fall to have a material effect upon the con.
dltlon and aovernment or Turkey, Meantime
the armistice botween Turkey and her princi
palities, has been prolonged and Is still unex
pired and may,l trust, yet lead to the conclusion
of an honorable peace.
In these aflalrs I have acted In cordial coopera
tion with my allies with whom, as with other
foreign powers, my relations continue to boot a
friendly character. The papers on these sub
J tete will be forthwith laid before rou.
Aly assumption of the Imperial title at Delhi
was welcomed by the eheefe and people of India
with professione ef affection and loyalty most
fratcrulto-myseellaae. It te with deep regret,
have to announce a calamity In that part of my
uvunniona wnicn wm aemana ids moit earnest
watchfulness en the part of mygorernmentthere.
A famine notlen earloue thn that of iB73ha.i
overspread a large portion ol the presidencies of
! ivu wiuuay. a am comment uvsry re
source will be employed, not merely In the arrest
or this present famine, but In obtaining freeh ex
perience for the prevention or mitigation of soon
vl nations for the future.
The 1 rorpcrity and progress of my
remsln unchecked, although the proceedings of
the Government of the Transvat Kepublle, ami
the hoetilUICl In which It hie annrrxl with
neighboring tribes, have caused soma apprehen.
slons for the safely of my subjects in South Africa.
I trust, however, that the measures which I have
laacn wm nmce 10 prevent any serious evil.
Gentlemen of the Home of Commom. 1 hiT di.
icctedthe estimates for this year to be prepared
klT LOHDiASD aTLVEWllllle rl(tnrtrt
the Universities of Oxford end Cambridge and
for amending the law as to the baneruptcy and
latere eatent for InTtntlona will h 11.1 hrr.
you, xou will be asked to constltutcone supreme
eourtef judicature on Ireland, and to confer an
equitable Jurisdiction on the count j courts of that
country 1 I commend to yon these and other
measures wclehmay be submitted for your eoa.
side rat Ion, and truat that tha blessing or the
Armiahty will attend your labors and direct vour
HAIJDlHa A COCKPIT.
Philadelphia GameeUrs Arrected In the Act
of Cock Fighting One xuan Killed In the
tVy Telegraph to the National Republican.
rniLADXLfnu, Feb. 8. At an early hour
this morning a detachment of police made a raid
on a cookplUn tho neighborhood of the Centennial
Exhibition grounds, In Wsst Philadelphia. About
fifty persons were found witnessing a cock fight or
whom the officers succeeded In capturing about
fortr. During the raid a man named Pat Mo
Crory wis killed by a shot supposed to have been
Ored.by some of tha roughs present, as the police
say no shots were fired by them.
He Intends It et urn lor Eawit to Attend Hayes,
Nxw York, rebmary 8 A Portland, Oregon.
dispatch says Last evening ex-Oovernor
O rover arrived at Salem, overland from the
east. Mr. Orover alter formally turning over
the executive office to Secretary Chad wick, now
acting governor.wlllretnra Immediately! to Wash.
ins ton to assume his seat In the Senate on March
Sale of Jatuee Gordon Itennett'a Kennel.
tByTetegraph toTbe National Kepubllcaa. J
Nxw York, Feb b Mr. James Oordon Den
nett's kennel was sold at public auction yesterday
by Charles w. Darker, at Thirty-seventh and
Dioadwey. A pair of Oordon setters, ssld to
have cost sl.OOO, went fbrgw. beveral other set
ters sold for about the same price. Foot English
mn tiffs brought from sis so 111 splece. while two
noble looking Newfoundland docs, hlgl
and said to bare eoit a large sum, sold for a good
deal less than tbelr value. A nne hrronebt iil
while a lot of spaniels only one brought S2J, tha
rtthers selllna at prices rsnglnx from SIS to sm.
The sale took place under Instructions cabled to
this country bj'Mr. Dennett's whose stable will
soon be sold under the hammer.
A South Carolina Republican Commits Sui
cide. fByTtiegraph to the National Kepubllcaa.
Colcwdu.S. C., Feb. 8. J. II. Runble,
late Republican solicitor for this circuit, commit
ted suicide to-night by shooting himself through
the head with a pistol. He was thirty yesrs or
age. No cause Is assigned for the act.
The Anguata Races.
(ByTelrgraphtolhe National Hcpublkan.)
AiotSTA, Q., Feb. 3. Second day.
Jockey Club races. First race, one and a-batf
mile dash, three sterted. Won by Lem. O Nent,
Courier second, Tlme.Vtl. Second race, mile
beats, all ages. Three started Won hy Ascot,
Maria Darnes second. Time, VAi, 16J(
Verdict Against a Railroad Company,
(lty Tclesraph to the National Kepubllcaa,
New Your. Dec. 8. Patrick Corcoran .sulnir
as guardian or bis son, who wss knocked down and
Injured by a projection from thercarcarof a New
York Central and Hudson Hirer Jl all road train.
In Tenth atenue, the Jury awarded plaintiff
"" A Police ltlot In New Orlcane,
CHy TclfiTiph to the National Republican,
Ntw Oiti xixs, Feb. 8. A row occurred on
the levee this evening, between negroes and the
police. Several shots were fired. One negro Is
believed to be mortally wounded. Several ofthe
I dice were struck with bricks and stones.
: ACROSS THE ocean.:
CFXTCIAI COBIUESrOTCDEN CK DEFlNDtQ
Toward Tor fceywMon Integra Accept the
Proposal of the Sublime port to Treat tor
1'eece-IYhatnoesIe If 111 dole Still Uncer
tain. , ,
Lokdok, Feb. 8. The principal points of
the corre spoede nee on the Eastern question In
the Blue book limed to-day are already known.
Strong suspicion of Russia Is apparent through.
out. 6lr Henry O, Elliott reports to Lord Derby.
thus on September 11th sir, Henry writes that
Oen. IgnatlefT has frequently declared thatthe
rroTORl far tha inlonomt aI It !. 1a ImnraetL
cable. If the Ituiiian trovarnmcat new onort
that proposal we may ask whether they do so
with the knowledge that It may be productive of
ruiura 1 rou Die, in anoiner ueipaicn aatea yew
ber 24, be says there may be perhaps grounds for
bellevlntrJtufsIa has no fixed plan for going to
war with Turkey, but there ean at leaat be
no doubt of her determination not to lose tho
present opportunity of fatally weakening her.
On the other bend Sir Henry telegraphing on
October S, "assures Lord Derby that nothing
could be more distinct than the terms In which
he bee warned the Porte to expect no assistance
from Lo gland in the event of the Buaslaa at
tack." The correspondence contains several strong
expressions of Count Andrassy.agalassthe con
ferment of excessive liberties on the Turkish
Srovlnces. Lord Dohy writing on'NovemberT
Kir Andrew Idebardson, 11 rutin Ambassador
at Menna, recapitulates a convereatloa with
Count on Denst, the Austrian Ambassador at
London. In which the latter stated the Austrian
Oovernment were determined II England lock
np the same position with them not to go farther
In regard to the questioner autonomy than En-
f land's original propositions, bat If EAgtund'was
nctlncdto gofuttber and not oppose the same
resistance 10 the process or slow poisoning or
ehemfesldlslntergratlou which she woe 14 toone
of dismemberment. Austria must look to her
own Interests In the way best calculated to pro
Lord Iierby says that he replied that England
would not depart at the Conference from ber pro
pta) respecting autonomy. Other passages in
the correspondence show (bat In Instructions to
the Marquis of Salisbury previous te the Con
ference Lord Derby statee that Turkey Is Incapa
ble ol realising tha reforms and guarantees are
necessary. Ln aland however is opposed to for.
elan military occupation.
The l.mperor William Informed Lord Salle
burr when the latter was tn Merlin, on his way
to Constantinople that the Users policy was
msda necersarr by elrcnuitaneesand the 00-
Iresilon of co-re llglonists. The Emperor or Aus.
rla told Salisbury at Vienna that the fntereets
of LoKland and Austria lathe Eastern question
were Identical. Lord Loflns, Drltlsh amabssa
lor at St. Petersburg, announces that the
Ctar was Ignorant of the Karl or Deaconfleld'e
rpcechat Guild lUH, when his Majesty made
the speesh at Moscow. -t
The correspondence confirms the statement
that Lord Salisbury ordered the depar
ture or the fdrltlsh fleet from
Ileslka Day to disabuse the
Turks ef any expectation efald from England.
Lord Sells bury rt counters the proceedings of the
Grind Council of the Turks aad state that the
Hultan was cmnesad te aectot the eeaditloni of
the Powers, bat Medbat Pasha placed the matter
berore the Council In such a manner that rejec
tion wss certain. Lord pillsoury also says he
hopes for nothtcg from the constitution, as the
m or unseat senators ana asp-
Lord Derby, berore Lord Ssllibury left Con
stanttnople. Informed blm ot the Queen's com
plete approval of bis aota. A
Attack en the Government ty tha Dak of
. Argyle 7 v
London, Feb. 0. Lord Derby .In his speech
on the address declared that England's
policy from the first had been to press the rec
ommendations ot the Conference upon the .Porte
but not use or sanction the use of force, and at
the same time not undertake .to protect
Turkey from force used by the Powers. He ex
plained that he did not mean, that eur duty
should be in action under nit possible cfrcum
sta cs, as, for Instance, If Constantinople should
16 reateacd, that was a question on wbieh It
was qrite unnecessary, and wholly un
wise to pledge ourselves now with re
gard to the Cxar s assurances, he eald though
he believed tn the Csars sincerity. Still even
the Oxer might be. compelled to act against hla
personal wishes, and be declined to accept any
declaration as a guarantee against war.
The Duke of Arayle made a violent attack on
the Oovernment, and declared that bis belief that
tbelr policy of never 1 forcing Turkey to. comply
with their withes would end In disastrous war.
Montenegro la Willing to Treat for Peace
By Telegraph to the National Republican.
Constantinople, Feb. 8. Tbo Prince
ef Montenegro has replied te a telegram
Irom the Oread Vlsler that be is will
ing to negotiate for peace on the basis of
sfefus ovoenJtttun,wliharatlflcattoa of the
frontiers, hut considers It useless to send a dele
gate to Constantinople and asks that the
negotiations be conducted with the Ottoman
Ambassador at Vienna. .
The Russian telegraphic agency expects that
negotiations will be prolonged.
The Imperial Yacht luedln with M Id hat
Pasha on board left Sire to-day for brlndlsl. .
The Stanteri'i dispatch from Vienna an
nounces that Oeneral Ignatlstf has left that elty
for St. Petersburg.
It is stated that the French Charge d' Affair,
at Constantinople, bss applied for two. men of
war for the protection of the foreign residents.
The Russian attempt to colonise the Saxballen
Islands bee failed. The settlers have suffered
great privations, and ask permission to return.""
The lemons short horn cow ''Tenth Duehaas or
Geneva," is dead. Thle animal waa bought by
Lord Dectlie at New York, la 1173, for overUlxty
A Ralrrsde special to the Tims announces
that all the Turkish troops bare lea Doenla, and
tae Oovernment Intends to arm the native Mus
salmsn to guard against an attack; by Servfa.
A Socialist determoostratlon has been made In
Copenhagen, to demand relief from taxation and
assistance for a large number or persona F unem
ployed, who wish to round a colony tn America.
A aispatch from Vienna says:1 "The new
irrend Vfiler has sent express Instructions to the
Turkish Ambassadors to continue 4the prelimi
nary negotiation with Bervls. T -
In the House of Commons last evening the
Marquis of Ilartlngtou pointed out the absence
of reference to the American extradition treaty
In the Queen's speech. He alio crUcUed Earl
The Marquis or Salisbury, who was not present
at the opening or parliament yesterday, arrived
at the Home of Lords later and was vociferously
cheered, especially by the opposition. Lord
Dee con fie Id wss also cheered.
It Is expected that Austria, In reply to the Rus
sian note, will decline to adopt warlike measures
sgalnst Turkey. Oermany is likely to offer her
good offices to arrange a com men course between
Russia and Austria.
Earl Oranvllte, speaking In the House ofTjords
yesterday afternoon, declared he would not refer
to the Eastern question, but would await the
rapers to be submitted to Parliament. Never
heless he finally launched Into the subject,
men severely criticising Lord Deaeoniucld.
The Paris Temys says It beireeelred special
Information that Lord Derby Informed Count
bchouvelon that England would do her utmost
to maintain understanding between the powers
In the new phrases of the Eastern question.
Austria has declared she will continue to act
with the other powers. - -
Reuters telegram from Constantinople says
the story that Mldhat Pasha was Implicated in a
conspiracy Is now universally discredited. A
TereMie. a seml-omelal journal, announces that
he was dismissed because hie conduct tended to
curtail the power ofthe Sultan. He was exiled
near by naa precaution against popular excite-
The United Stales Steamer Swatara, Captain
Cooke, from New York, arrived In the roads at
i crt Monroe Wednesday evening.
Oliver S. Chapman, of Denton, Massachusetts,
a well known railroad conductor, and lor eome
time director ol the Union Pacific railroad, felt
dead yesterday morning.
Yesterday morning a fire broke out In the
planing mills of Martin E. Murphy, Noa. g, 4,
and 6, Tompkins street, New x ork, which nearly
destroyed that sturcture, and rtamasred Uaonat's
lumberyard, and James Urcen's flour store. The
loss Is about (to, ww
The Emma Kline Suit
II) Telegraph to the Mlloaal BenuMIcan,
New Youk, Feb. S.riie Emma Mine suit
still drags Its length alongbtfore Judge Wallace,
Inthe United States Circuit Court. Amotion
wes made todayanddanied an adjournment or
the rase until Mr. E. W. Stougbton.oue. of the
countcl in the suit, returns Irom Washington,