The New York herald. [volume], November 16, 1876, Page 4, Image 4

About The New York herald. [volume] (New York [N.Y.]) 1840-1920

Image provided by: Library of Congress, Washington, DC

                
might prevent I.on'i ana from being counted by ret Ir
tut; in h biily when I tic name ol tin- Mute was called.
Mr. Siikvkman?1 <lo not think tint would hare any
? fleet For niuii.v years Senators h ive been elected on
tbe joint ballot or both bou-es, und 1 remember siHu
ttancc wh-u that ofllcs remained vm am lor two years
as one hou?o 1* rsisletitly refused to be prevent ut ttie
ballot. That matter, however, ha* been definitely let
tied by an act of Concrete that detines the Our und tbe
hour at which both houses shall meet in joint ballot,
anil I um nalislled that, ullliougn the majority of one
house slays away, those present hare the power to net.
as there la no clause beariup upon the number required
to make up a quorum.
Kv:roKTKK?Then you d? not anticipate any troublo ?
Mr. Sukakxan?Certainly not. I do not thin* tbe
people of the l ulled stales would be guilty of any
tucli folly, especially when auy hasty action would
provo so dangerous a precedent tor a republican form
of government 1 am satisfied, however, that Gover
nor Hayes will never go to the Will to Homo If ho
thinks or has any reason to thiiik that he has been
elecled by fraud. It will lie the death of either party
to elect their man fraudulently, as on the next clccliou
they will be wiped out of existence.
.Mli. A. K. Dli.1T,
at tho firm of Townsend. Ilyett & Goldsmith, was
found ut his olllce ou Broadway Just returned from
souri and in the enjoyment of u cigarette, and bad
' just live minutes" to vptro. Mr. Ilyett bad looked
luto tlio mutter witn much attention since tho result
of the election had been a matter ot doubt, und pre
ferred to express an opiuion Irrespective of political
sympathies either w.iy or his choice of candidate.
"The Presidential quostiou," said Mr Ilyett, "now
progenia some very novol and interesting features.
The aspect Is one of much importance to the
country. I think tbat what lies at tho bot
t< m of the mischief is the practice of vol
lug, not directly lor tho Presidential candidates,
but for electors who themselves uro to eicr.t u Presl
dctit und a Vice President. Thesa electors arc under
no legal obligation to olect any one; tho obligation is
on honorary cuo in every way. Again, as wtui the case
in Mr. Lincoln's election, already tho uggregate ma
jorities uccarded io Tildcn count up to over 500,000,
while the majorities accorded to llayes foot up
little over -00,000. As I unuursmiid, the
practice ol voting lor electors was originally intro- 1
duced In tho interest ol tlio Siavo Stutes, j
which, otherwise, could not count their negro I
or slave population Whcu tho reason ot a 1
rule ceases, the rule Itseil should ulso I
ccase, aud tins dilhculty will, in my opinion, whether
It be real or shadowy, result in an amendment to the
constitution so that hereiilter the Vote wi,I to direct
for ('resident una Vice 1'rcsidcut. A prominent dtlll
cultv of the present situutlou is iho want ol a tribunal
to determine tlio questions that arise. In Mute,
municipal uud other loiui elections tbe State courts
have lull jurisdiction to ueclde who is elected, some
times by muiidamus und sometimes by quo wurruuto,
according to the nature of tho ease, und
In those proceedings ull fraudulent pructlccs
are investigated uud corrccled. llut I know
ol no fedvrul tribunal, of original jurisdiction, In which
nny such proccediug, or auy proceeding whatever, to !
determine tho fact i.s Ut why Is circled, or otherwise to I
tuvcdi igutc uud decide these questions ot fraud, such
us ure now ulleged, lo exist. ihe twenty-second joint |
rule, which, I: seems lo me, is no longer In existence,
afforded a very weak and inadequate remedy. It was
but a rule, foundod on no constitutional provision or
set ot Congress, ui I understand It, uud under that
rule the election ol electors iu any State might bo set
asiilo by the arbitrary uction of the two houses, or,
Indeed, ol cithor ol them. The Joint triliuual, com
posed ol ihe Senate und House of Representatives, hud
no machinery, so to speal:, by which ibey could Inves
tigate, in a judicial manner, any question ol fruuu or
irregularity In it lederal election lor electors lo chooso
a President. Hcildcs, us tho electoral votes ore not
to bo counted tintrt February, and the President
is to be inaugurated in Murcn, u would be Impossible,
II thev possessed the power, lo exuniino the legion of
witnesses who might lie produced ou both sides to du<
lermine whether tbo republicans or the democrats, or
both, had heeu guilty ol frauds in counting or In tho
rcg.stry or in tho osnug ot Illegal votes. 1 think
Ihv whole present dilllculiy can only be solved by the
practical goad sense uud patriotism of tho Amorlcan
people."
VIEWS OF TBOMINENT WAAH1KOTOK LAWY1UIH
ON 1UE (SITUATION.
Washinotox, N'ov. 1ft, 1SJ6.
The controversy over Che result of tho election, as to
both Its present and its probable future cunsequouccs,
rxcltes naturally tbo warmest interest ou tlio pari of
the many distinguished gentlemen conspicuous at the
bar or upon the bench of Washington. The divcrgenco
of views entertained by them illustrates tho diflercuco
ft'hlch will exist even among men who arc supposed to
be authorities In settling disputed issuos in law. The
following account ol Interviews had with several of
these gentlemen will show the opinions they enter
tain.
vikws or no*, a a. u|>i>lk.
The views of linn. A. li. Kiddlo were solicited. Mr.
Riddle was an anti-slavery whig, and scivcd in tbo
Thirty-seventh Congress, coming iu with the extra
session of July, 1S61, us a republican, representing
au Ohio dUtr ct. lie und Mr. Poller, ot Wtscousin, the
member, by tlio wuy, who bud a personal controversy
with Rofcr A. Pryor, then a member irotn Virginia,
aud which cuino nour ending in u duel, were tho only
two men In the House who voted against llio Critten
den resolution, which declared in subsiauco that tho
war should not be waged lor tho purpose of overthrow- j
log any of tho institutions of tho Insurrociiouury
Slates. Ho made Ihe first speefli on ihe floor ol tho
llouso In favor ot arming tho frecdmcn ol ihe South,
lie is In lull practice as u lawyer beloro the District
tnd the United States Supiomo courts, and within u
year or two has been engaged us special couusol In
:asoi whero tho government was ihu plamtiif, notably
In tho late criminal action against General Ilabcock
ind Somcrvillo lor complicity iu tho notorious safe
burglary conspiracy case. Mr. Kiddle,amid hisaiduous
logul dune?, tins lound tune to write several works of
Uction, nnioug them being "Hart Kidgclcy, tbo
Portrait," showing tho riso ot Mormonism in Ohio,
and "Alice lirand," which havo been rocclvod with
considerable favor by the critics.
On bolng interrogated Mr. Kiddlo said:?"1 have no
doubt thai, perhaps, in each ol the disputod States
Ihuro may bo parishes and precincts about which some
tticertalnty exists; but 1 don't apprehend that In tho
case of either ol those States, ns a whole, there will be
i) much uncertainty but thai lair-iulnded men on
Ixiln aides will bring the parlies to uu agreement.
The very necessity lor uu agreement will go u great
way to produce one, and I havo no Plea thai llayes
and hi* advisers?that is men whoso opinions ho will
rely on lor guidance?will nccept, or uiteinpt to en
force, his inauguration where there is ground lor
reasonable doubt. Hut if ho does there will be no
armed Insurrection."
CoKRisroMUkxr?On what do you baso this conclu
sion ?
Mr. Kiddlk?In tbo first plsce, there is no one to go
lo war; thai Is to ssy, everybody is weary of war; but
the principal reason In my judgment is that, wbilo
there will be u large element of discontent, with a dis
position, perhaps, to resist the wbolo macbluery of
the government and all tho resources ol tho countrv,
aud the sympathies of tne army and ol most of Us
leading ollicers would bo with Hayes' administration
In caso he should be declared elected. Against this It
will be impossible to make any effective headway, and
so apparent will this be that nobody will have the
hardihood lo attempt resistance. On tbo other hand, I
have no doubt that iho country will unanimously ac
ijuiesco il It shall be louud tbul tbo count is reasonably
with Mr. Tildrn. Thorc seems lo be such a universal,
aide-extended desire lor au amicable adjustment, such
iu absolute necessity for it, thul 1 have no doubt what
?vor tbul a peace.ul solution of tho apparent dlfllcul
ties will ho fouod. In "the present loverish condition
?f popular aeullracnt, while actual war Is so remote
thut nobody can seriously contcmplato It, it Is oasy
enough to talk uud bully and threaten; but when
men actually seo themselves' appromhing Its verge,
and coutcmplaie it as a uear probability, there Is not
a sober-nnudod man in this I nion, in uuy part of the
laud, lhat will not shrink from H with horror, and 1
cannot bring myself lo think that there Is tho possi
bility of an armed collision.
on iho subject of couuiiug the electoral vole Mr.
Kiddle said ho had no opiuion to express. Since leav
ing Congress his timo had been wholly absorbed with
bis business, and ho paid but Utile atteulion lo Ibo
parliamentary usages ol Congress.
orixio.v8 or jl'uok pasciiai..
Your correspondent next called on Judgo George W.
Paschal, who, politically, is a republican, was lortuerly
Judge of lbe Supremo Court of Arttansis, and subse
quently was reporter of tbo Texas Supreme Court de
cisions. lie is tho author of i'ascbal'e "Annotated
Constitution," a work laipely used as a text hook iu
institutions of learning snd by constitutional lawyers,
and ol several other works on law. llio
Judge's attention was first culled to the State
statutes relstiug to returning hoards On this (mint
be said:?"ihe same local law in regard lo returning
boards exists in the males of Louisinua, Florida aud
South Carolina, but what genius originated them I
don't know. Texas formerly had a similar law, but
tbvlisbed it. Ihu question ol their legality or consti
tutionality was orought up in the Forty-sccond Coii
press in the contested otecllon case of Gld
dinas, democrat, vs. Clsrke, republican, the
?iliing member irom Texas. Iho llcturning Hoard of
tlwl 8 la 10 bud thrown out several counties and parts of
counties, aud Clarke was seated. I waa employed as
??unsei fur Ulddiugs, und in iny argument took this
ground, so far as related to Congressmen, that the law
I emtio? the Returning Board ol Texas was uiironxtitu
1 lionsl, because each House ol Congress l? made the
Judge ol the qualification*. election* aud returns "I Id
>imu members, au-J tbat they |tli? two houses)
ilioulit go back and ascertain what the
popular vote actually *as, uotwilhsiandiug
the actlou ol the Returning Board in throwing out cur
tain counties and parts 01 counties. The commttleo
fU-liinoJ my view of tho case, but made no elaborate
, report. They recommended ibe unseating ol Clarke,
which was dor.e by the unanimous vote of a republican
House, II we exc.-pt the vote ol Clurke himself, the
unsuisn-d member. In actum ?* counael lu
the Klorulu case ot Niblack va. Wall, and
the South Carolina caao of Bowen v*. I>e I.arge, both
1 being contested election rases, I diacovered tbat the
statute* ol the Stale* named we?e all the samo aa to
the power* ol returuiug boards. Niblack, dciuocrat,
' wis scatod by counting ull the votes, although bla ma
jority waa Icaa than amy. Intbecaaeul Bowen and ,
! l>e 1-arge, neither wai Heated, on account of Irauda on
| bolb aide*.
Cohxksi-oxdkxt?Then, Judge, you regard theae re
turning boarda aa unconstitutional contrivances ?
Judge Paschal?Su lur aa the election ol' membors
ot Coitgress ure concerned I do ao regard them, ami
lor tLo reaaon I have given; hulas regards tho eiec
tiou of electors lor President and Vice I'reaident they
have a conatitutlonal applicability, becauae the const*
tution aimpiy declares tbat State* aball Id their own
I way chooae elector* for I'reaident and Vice I'reaident;
i and neither that nor any itatulo of the United State*
I provide* for contested ejections in tbe caae ol elector*.
I Tho question then is simply one ol power, whether n
< Icglilature may provide that the returning board, or
| any other body ol oillcer*. may exercise juriadtctlon
over the return* of tbo county officer* who canvass
I the ballota, and, lor any reason or no reaaon, reject a
i part thereol. My opinion I* that Stales have
E tho power to lay who of Its citizen*
(?hall vote for electors, and to create auy board who
inay aacertatn that vote according to tbo rules pro
scribed by local statutes.
CoKKKspoNbKNT?What I* your opinion aa to tbo
power of tho two houses of Congress to reject ro
turn* ?
Jidos IVtsciut. On tbat particular point I am not
prepared to express an opluion. At any rate, they
Lave exercised tho power belore.
Here tho Judge gavo a number of preoedonts, nota
bly those in counting the last doctoral vote, when the
votes ol Georgia, l.ouislaua and Arkansas were re
jected.
Coxkksi*onpent?What do you think of \he Twenly
secoud Joint rule as It formerly existed 7
Judge Paschal?It was revolutionary In Its ten
dency. lu the early history of the country both
houses met simply to witness tbe count and not to ob
ject to counting tho volo of auy particular State or
States.
CoiinxHi'ONitkNT?It la argued by tomo tbat under
the constitution the presiding oillcer of the Senuto
la commanded to open tbe vole, the
Inference being that bo will ulio count It with tho aid
ol teller-' and tbat ho cannot entertain objections.
What is your opinion on thut point*
Judgo Paschal?Certainly, tbore Is nothing In tbo
constitution making it his duty to entertain objections,
CoRitKsi'iisibiiNT?Aro you apprehensive of any
trouble lu connection with this election?
Judge I'akciial?I am. Tbo political lior
l7.un looks dark. Tho Returning Hoards will,
ol course, exercise tbeir full
powers and throw out votes where Intimidation or
liuud is proved to bavo existed before or during the
election. Thero Is n casus ami.it us bore which has nut
been provided lor, and if oithvr party loses, and it hon
estly bellevos It baa won, It will lead to trouble. I havo
no doubt ol It I liavo lound but few revolutionary
spirits among tbo republicans, but when the latter are
once aroused tbey are very determined, und will no
tnoro submit to Imposition than the democrats.
Jl'IMJIt UI.A'JKN VlkWH.
Judgo Joro Iilack, ol Pennsylvania, ex-Attorney
General ol the United States, who happens to bo in
town ou business with the U'Jited Stales Supreme
Court, was found at the Kbbut House. Ho bad no
bvsitution In giving a very domocratlo opinion of the
situation.
Judge Black, asked your correspondent, from what
you know or tbe circumstances, do you bolievo tho
iwenty-Hccond Joint rulo is still operative?
Judge Black?It is tuy opinion with refcrenre to
this, or any other or a set ol joint or siundlng rules,
that it cnu bo roiemded only by the power that m ide It.
(Jo k kkm pox dent?That is, tho Joint rules cunnotbo
repealed without the concurrence or both Houses?
Judge Black?That Is about It.
CuititKHi-oMiKNT?Hut when tbo election ccrtiflcatcs
cotno to bo openul cun the Senate go bebind the re
turns us made by tbe Governor and canvassing boards
or the threo disputed Southern states?
Judge Black?Congress hail the power to seo tbat no
fraud or lorgery is commuted in the election of tbe
President Tha House will see to that.
CoHiiKsroxukNT?But has tho House a voice In pass
ing upon tbo couutlng or the votns when tbo constitu
tion is silent us to auy such power?
Judgo Black?ir the r ght to say "Yes" is given,
the right to say "No" is also glveu. Tbe House, ill
being present, haa inlrrentially the right to pais upon
the election.
CnKKKHinxnitMT?Notwithstanding that the President
ol tho Senate aluuo Is directed to open the certilloate* ?
Judgo Black?Ibe Senate could not participate in
any Iraud thut Mr. Kellogg or Mr. Patterson might
perpetrate. Tho people are getting worked up about
this wholo thing like a barrel or beer in tho month ol
June. Tbe scum and froth aro passing out at tho bung
hole and tbe clear liquor is sottllug down behlud.
Tbey know tbat Mr. Tilden baa been elected, and tbat
luct will be clear by aud by.
CoNiu.Bi'oxuiixT?Aro tho clectora In Oregon and
Vermont who wero postmasters ou election day dis
qualified?
Judgo Black?Doublleis they were; but they don't
help our case. Unfortunately tho law In
thoso States provides a means ol Ailing any
vacancies cccurrlug in tho electoral colleges.
\ IKWtj or KX-<IOVKK.NOR 8TANTOX.
Kx-Goveruor F. P. Stanton, oue ot tbo lawyers prac
tising in tbe Supreme Court, was atked for hlsopmlun
ou tho situation, lie wtll bo remeiuborcd as ono or
tbu counsel in tbo celebrated Kllbourn trial lor ton
tempt ol tho House of Representatives. Besides his
legal ability ho hab a long aud Interesting political
record, wblcb is unstained. Ho preceded Governor
Walker as acting Governor of Kausas, prior to which
he was Secretary of State, and was a member ol tbo
Home lor teu years from the State of Tennessee.
"What do you think ot tbo prosent political compli
cations vour correspondent aaked.
"I have very littlo lu say; indeed, very little can bo
aald. It seems to bo conceded that the popular vote in
Louisiana aud Klorlds, and, perhaps, in South Caro
lina, la in lavor ol tbo dctuocrailo doctors; but !?
those States the returning boards are reported to havo
extraordinary powers aud unlimited glicrction
lu rejecting returns Irotn place* at wblch
frauds or intimidation aro alleged to havo taken place.
There Is a very serious upprebenslon, unfortunately
too well founded, thut tn|ustlco will bo done to the
peoplu ol these States by giving tho votes to tlie oau
d'dates who are nut really elected. 1 do not so* that
any interlerenco Irom outside can prevent this result.
If the determination I* to effect it It waa not a bad
Idea for emiuotit and Impartial men or both aide*
to be present and wituoss the proceedings ot
these returning boards. IT General Grant, in
requesting certain gentlemen to go to tbose State* had
not coutlued bitnsclf to men in hi* own party, bat hud
suggo.led the names ol impartial men ol both parties,
sucti Deli, lor instance, as ICvarts and Charles Krancls
Adams, ex-Attorney Generals Hoar and Suaberry, the
?fleet would have been much better. Tbe moral lullu
enco ol such meu might have accomplished somo
good, ultbough it would be Impossible lor them legally
to lnterloro in und way with tho proceedings
in theso doubtful Stales, We can ouly await
ihe result ol theso proceedings, and tbe elfoct of
ibeni upon publlo reeling will depend eullrely ujton
their r*lrness and Impartiality. Now, as to the count
ing or the volo in the presence of tbe two houses, ac
cording to tbo provisions of the coosiltuilon, I con
ceive it to bo wholly unimportant whether the cole
bratod twenty-second Joint rule expired with tho Con
gress which adopted It. or whether it i* still In rorce,
tor It i* plain that that rule could not have conlorrid
upon the two houses any power not given th?in by tbe
constitution. They could n<4 assume such u power,
eveu by a law regularly onacted and approved by the
Pres.dont, much less by a mere joint rule. But I as
sume that tbo Joint rule, as a construction placed upon
tbe constitution by the two bouses, is a valid preco
dent, and that they did not assume- unauthorized
power when they adopted It. If, tueu, that rule was
valid authorizing oithcr house, by us objection, to
exclude the vote of any Sum irom tho
connt, each houso would have tho same
power in tbe absence or such a Joint rule by virtue at
its independent authority under the constitution. But
this power extends only to tbe exclusion ol the vote of
sny Stale, and this soeuis to be tho only authority ex
isting under the constitution, and tho precedents
which have been established since the loundation ol
the government, ll might possibly result aa an infer
ence irom this authority that tbe two bouses would
havo the power to investigate the election* and
detormino ' the integrity or rrauduloni character
ibcreol ; but on this subject the principles
luvoivrtl, sol the rights and duties or the two houses,
rem tin to be established lieroalter. Now, as to the
electors in Orogon aud Vermont, tbe objection is
merely technical, and I am inclined to think that ir
they aro qualified under the constitution at the time
they are required to perforin tbe funotious of electors
they will be competent. But this Is a mere prosent
impression, without any examination or the
subject tbosoughly. This particular point
might have been Important ir tho original
Intention ol the constitution had been adbered to and
the Klectoral College held to be a body authorised to
choose u President aud Vice President lor tbe people;
but ds that original intention has been overruled and
tbo elector* made tho incro instrument* ol declaring,
not their own will, but the will ol the people, ex
piesaed by theinsdvea in tbe eleellou, ll Is wnolly un
Imporan't, and 1 tbink ouglit not to be considered as
bavins any lorce unher existing circumstance*
Nothing but the perpetratiou or palpable trauds and
wrongs elsewhere would Justify this technical ebjec
tion to the two electors monllone<L
"Well. Governor, what remedy lor all tbia would you
deem adequate tu too oaro ol existing cvilsp"
Governor Stastom?I know or no remedy other
tbsu that which Is to be derived rrom tbe honest sta
bility and patienco ot tho masses uC the people. A
direct voto lor l'rosident end Vice President by the
people, by a chsng* in tbe constlloiloa authorizing It,
would be an Important change, but tbla would not
curosnch ovilN as those which exist at present; for
under ibst system irauds and wrongs might bo
perpetrated as well as under tbe present. There Is no
remedy lor such Irauds except integrity on the part of
national ami: late officials and a determination ol the
people, regardless ot party iutere*la and affiliation*, to
sustain tho truth and tbu right But if Slate
governments aro Imposed upon the people
and maintained by liaud under successive ad
ministration* those fraud* will evidently perpet
uato themselves and will lead to convulsion* a*
the Inevitable result. No legislation or couatitutlonal
devices can counteract aud overrule corruption and
Iraud, trtliey be prevalent in the minds and hearts ol
the people or or tboso who assume to represent them.
These cau only he met and overthrown by firm resist
ance, at whatever cost.
vikws or obxral jirratss
L. J.Cries, who was Assistant Provost Marshal Gen- |
eral under General Fry In lb* War Department daring
the Ian year ol ih'? war, und ??ub*e suently
Kcgisti r "ol the Treasury, mid u re
garded as a conscientious lawyer, speak
ing of ibo Southern question, sa.vs, in r???rd
to the mixed question about tho Presidential electors: ?
"I ilnuk the oertileal* of the Governor is the evi
dence ot ibo appointment, the evidence that the party
lias been chosen by tbo sullrages of the people of his
State. Thu GovelUor does u?t appoint the electors, hut
ultrr they have been chosen bo certifies to the
luct If the person voted tor Is constitutionally mclj'i
ble the votes cast lor him ure wasted, ?nd the eligible
candidate is necessarily elected, lor IM simple rea
son that he has had no legal opponent. Titer*
Is therefore 110 vacancy. Tbo votes cast for
these ^osluiaHers oilgbt Just as well havo
been cast for Louis Napoleon. They were given for
one who coul i by no possibility hold the office,
and were thrown away. The ofl'ecl is the same
as If those votes hud not beau cast at alL
the opposing candidate being ollgiblo ana
having received the highest number ol votes
is certainly elected. Tn begin with. Mr. Tilden has
184 votes, lacking only one lo secure his election, lie ,
lias a popular majority ol over 300.000, auil excluding '
the negro vote his majority Is over 1,000,000. It
would be monstrous If tblsdecl led expression ol popular
opinion can be reversed by tho ibinihle-rijfglng of a
few disreputable politicians In Louisiana who proposo
to count In ihe minority candidate by throwing
.out democratic votes. 1 do not think It could !
be done in Mexico, and 1 am vury certain !
It will not bo tolor?ted here. 1 am |
satisfied Mr. Tilden has carried Florida and Louisiana, j
and perhaps South Carolina. 1 think so lor tbrco
reasons. First, the reports from the republicans givo I
no details, lint simply claim States, while the demo
crat* give returns 'for the sevoral count ten I
and parishes, which they correct from time i
to timo as they are authenticated. Second,
I am lulluenceil in tho same manner as 1 would bo III j
detcrminibg any other <iuestion ot fact by tho char- i
acter of the witnesses. I cannot bellovo that the re
ports sect us by tho t>e?l men of l^ouistanu, |
including her bankers, merchants and leading business I
men ure untrue, while 1 would hesitate to believe tne j
other side ou any proposition, even IT they were not
interested lu tbo result. Third, If there Is not u tuu- |
Jority in favor of the democrat* why Is It proposed to t
tnrow out certain couut'es or parishes? Why not aggre- :
pate the majorittesand certify them r The act of March 1, i
179'J. section 5, provides Congress shall he in session
on the second Wednesday m February, 179:$. mid on
the second Wednesday In February succeeding every
meeting of the electors, and the said ccrtiIleal**, or so
many of them as shall have been received, shall then
append tho votes counted and tho persons who shall till
tho offices of President and Vice President ascertained
and declared agrueuMy to the constitution. This
statute Is nearly ad old " as the constitution, substan
tially contemporaneous with It, and prior to the adop
tion'ol the'twelfth amendment. It seenta to mo that
if tho power ol Congress to scrutinize and pass on the
validity of tho certificates, which is clearly conferred
by this section, was intended to be withdrawn by
tho Twelfth amendment, it woulil have been
done expressly, or in such terms as to tidinii of
no reasonable doubt. Iustead of that, the two
enactmouts are not only reconcilable, but
aro substantially identical. Such has been tho Judg
ment of Congress, I beltove, ever alnee, and the
twouty-socond Joint rulo, undor which General Grant
was twice declared President, was a legislative con
struction ol the question, affirming the power of Con
gress in the premises," <
"What is tho remedy, General, for all this vexutious
stale ol a Hairs?"
"Nothing but tho good naiuro. good sonso and honesty
of the peop e; but 1 think the dlrec; vote ot the people
for Piesldeni would go lar toward elTocting a remedy
and prevention ol similar evils."
OPINIONS OF HON. SAMUEL HAND, JUDGE COUN
TRYMAN AND N. C. MOAK.
Aliiaxt, Nov. 16, 1878.
Hon. Samuel Hand did not desire to say anything In
regard to tho Presidential complication ; but, on boing
questioned as to the power ot Congress to throw out
tho electoral voto ot any of tho Southern States, re
marked that there was a jciut rulo which was In lorco
so mo yours ago, but lie believed it had been abolished,
which should dcleruiluo this ease. Ilowovcr, tho
common usage was for tho Houso and tUe Senate to
moot Jointly, and in that case hu believed that
eithor parly had the power to receive or
throw out the voto ol any State whero
thoro was fraud proven. lie said that tho Houso ot
Koprcaentatives being democratic and tho Senate repub
lican in case the House should detcrinino ono way apd
the Senate anothor wo should havo a muddle, and It
would bo difficult to dctormine what to do in tho case.
JIDUK COCXTUYM AX'B V1KWI,
Judge Countryman said:?
I can only give you an oll'-hand Impression. 1 con
ies* I toe no Just cause of cuiharrassmonl or difficulty
tn the situation. Each State under the ledcral consti
tution must determine tor tucit the manner of
choosing its Presidential eieotors, and, In tne first In
stance, must also determine for lUelf by its coiiNtltutcd
authorities, who have been duly clioseu electors
The persons declared to bo chosen meet, cost their
ballots, mske tho proper certificates and transmit
ttiem to the President of the national Senate. This
officor bus no duly to perform except to opeu these
certificates In the presence ol both houses or Congress.
Tho votea must tben be counted and the result
declared. Congress baa no powor lu the premises
except to count tbo votes thus certified and trans
muted lrotn the electoral colleges. The person re
ceiving a majority of those votea la prima racit enti
tled to tho Presidential office. But this formal
count Is not conclusive. ? Tbo nominally defeated can
didate can resort to the Judicial tribunals and bring his
action ol quo warranto to try tho right of tho incum
bent to the office, lu ibis uctlon thu court can go be
hind the certihcates ot tho electors and try tbo rights
of the controversy. It will dctcrmino the lact upon
legal evidenoe, independent of tbo official canvass,
wnlch electoral ticket actually rcceived,a majority in u
particular Stute, and who were entitled to cast tho elec
toral vole of the Slate. It may be necessary, in order
to preaeut the question properly, that the conteatatii
electors should meet ut the proper tlmo lu tho sumo
manner a* if doclured elected, ballot for President,
certify and tr*ttsmit, A.C., otherwise it would|nol appear
who should receive their votos. Hut, aside fr?m the
form of proc.ceuiug*, It seems to me that the Supromo
Court of tbo United Stute* ia the final arbiter of tbla as
of all other questions of public and private right
which have not been specially assigned to. some other
forum. These are inero impressions, wlilch might bo
changed ou examination and reflection.
MR. X. MOAK'S 0PIX10H.
Mr. N. C. Moak said:?
I regard the welfare of tho country as abovo any
man or any party. 1 hope the question as to who is
elected will be honestly and fairly settled. I prefer
to essumo It Is to bo until 1 seo some evidence to ibo
contrary. As to the coarse lo be pursued lu caso it is
not, and in caso there should bo glaring and rampant
fraud and raacality, I have not for a moment allowed
myself to oolslder, lor, as I said, 1 cannot endure tho
idea that there Is to be any. If thcro is oar theory of
government is, |u my judgmeut, practically at an <*ud.
If a party in power may Iruuduleutly perpetuate that
power it Is practically a monarchy, the President
electing and seating his successor.
THE INELIGIBLE TOSTilASTERS.
AN ATTEMPT TO I'BEVENT WATTS, THE SALEM
POSTMASTER, IN ORkQON, FROM ACTING AM
AN ELECTOR.
Sax Fraxcisco, Nov. 16,187&
A press dcspstch from Salem, Oregon, says it is an
nounced by the democrats there to-day that the fol
lowing programmo will be carried out in refereuce to
the case or J. W. Watts, Presidential doctor on ths re
publican ticket, who was i-ostmuster at Latayetto:
The law or Oregon provides that the Secretary of
State, in presenou ol ihe (ioverour, shall count tho
votea uud give to the persons having the highest num
ber of voles certificates ot election.
'1 he Socfetary has no power except to count the votes
and Issue certificates.
li is asserted a writ will be served on the Seeretary,
Issued by the Supreme Court, cnjolmog the Issuance
or a certificate to Watts and giving to the highest
elector on the dcinocratio ticket a certificate of
election.
OPINION or THE ATTORNEY OENSEAL A9 TO
TH1 ELIGIBILITY OF TUE VERMONT ELECTOR
AND TBI POWER TO FILL A VACANO".
Wasihxotox, Nov. 16, 1876.
The eligibility of tho Vernuut Postmaster who has
bcon elcctcd one of tho United States electors In that
State still remains a topic of ulscussion hero
and a variety of oplntou* prevail in the
different quarters where tbo subject has recotved
consideration. From tbo lilghosi judicial and official
positions attention is forced upon quostioos which sur
round the subject, aa Is evtucod by the lact thai lotion
havo been sent lrotn tbo I'epurimenl of Justice to
proper judicial authorities in Vermont, tho prluilpal
object of which seems to bo that evory legislative or.
Judicial act bearing upon similar cases tu that now
the occasion or official consideration shall be presented
tor tho obtiiinment or a clear insighi and construction
ot their meanings. Judge tail has iieon approuuiied for
opinions upon tho mailer as it row siunas, but not by
any ono whose official position renders It proper thai an
opinion should be delivrrod, uud tho Attorney (lonoral
has iiecn careful lo make no expression of his views
without grave conslderauon, und is particular wil.b re
gard to being quoted on the matter. It is now certain
mat a cureiul construction ot tho conversations wnicft
have been held Willi him ailed tho belief that (he At
torney General holds thai whero one elector was
Inellgtbly eleclod such circumstance doos not
elect au opposing elector, und that he consid
?rs it a rule thai while an inoiigible party re
ceives a majority he Is not elected, to be sure; bat at |
the same lime it doos nol elect tho olhor party. The 1
principle is that tho majority must rule, and, although
a maturity or the voles cast cannot mako au Ineligible
man un elector, they were nevertheless cast, uud aro
not so void as to give his opponent a majority. Similar
cases In Hie elections ol ditterenl Slates havo been
decided, ami relerenco has been made to a ease
lu Pennsylvania, tho rase of the Commonwealth
acsintt Cluley, in wbich Judge Strong, of the Supremo
Court, who was men ol the Pennsylvania court, deliv
ered the opmloa that a now elecuou for Sheriff would
be held. It is stated hero that the geueral rule in
most State* is where there is a vacancy
In the olecloral ticket the other electors
shall Utl the vacancy by ballot. It may ho that some
opinion may be ssked from the Attorney General npon
this question, bui it bus not yet been presented, and
%
j the earnest attention that is given the matter result*
trom au auxleiy to obtain every t.ict ol law touching
it. and i? b? prepared lor uuy emergency thai might
i come from tbo situation.
ALABAMA.
ORGANIZATION OF THE LEUISLATUBE -OOV
ebxor Houston's message.
MoSTQOXKby, No*. 13, 1876.
Tbo Senate hu elected 11. W. Cobb I'resideut and
the House \V. M. Clements Speaker. Both have served
two terms In their respective houses.
Governor Houston's message Is devoted principally
to Suto affairs. It refers to the great economy Instl
luted In all tho State departments, and cal's attention
lo the lact that the Stale obligations which were aold
ut sixty to seventy ceuts uu the dollar when lie went
Into office in 1874 now commands ninety-two cents lo
ninety.three corns. This tbu Governor attributes to
the cunlldeuce ihe people have in a government of
their own choice. The Feriilonliarv, which cost tho
Stato a largo sum of money in previous administra
tions, is now a xonrce of considerable revenue to ibe
Siuie. Immigration is lending toward Alabama, a
fact on which ho congratulates the State. The public
schools are prosperous and increasing iu^iseiulne**
CALIFORNIA.
LUTT11ELL ELECTED TO CONOEESS.
Sa* Framcisco, Nov. 15, 1871
The latest returns leave no doubl of the olection of
Lulirell (dem.) lo Congress frout the Fourth district
MASSACHUSETTS.
THE DISPUTED CONGRESSIONAL TOTE.
Boston, Nov. IS, 1870.
In a mooting of the City Council to night the matter
ot the disputed olection for Congressman In the Third
district canto up on the quustlou as to whethor tbo
twenty-five votes lor Field (rep.), on which wero
primed tho words, "For Congressman, Fourth dis
trict," should be counted. An order was panted that
iu the cortilicalo lo tbo Secretary of State tho
whole number ol V910* be included in the count, with
an explanation relative to tho tweuty-Qvu voles, leav
ing llie (iovernor and council lo delermino to whom
the certificate ol election shall be given.
Counsel lor Mr. Dean (dem.), submitted a propo
sition that tho tnatter be rolcrrod to the Supremo
Court ol the State, and, lu the event of an adverse do
ci<lon, he would uot contest tbo seat In Congreas. It
Is thought ibis proposition will bo udopted.
NEW YORK.
OFFICIAL BSTURNS OF THE VOTES.
Lockpokt, Nov. 15, 1878.
Tho following aro the official returns for Niagara
county
Electoral?Republican. 5,575; democratic, 5,80a
Governor?Morgan, ?.544: ltoblusnn. 5.8S4.
Lieutenant Governor?Rogers, 5,544; Dorsbcliner,
6,808.
Canal Commissioner?Spencer, 5,52.'); Ogdeo, 5,891.
Inspector of State Prison?Trowbridge; 5,520; Ander
son, i.SiU.
Congress?tloskins, 4,122; Bcncdict, 6,735; Flagler
(ind.), 1,526.
At.<fmill/? First district, Hlsfcl (dem.), 323 majority;
Second district, l'iper (dem.), 52 majority.
Justiceot the Supreme Court?Hai^ht (rep.), 359 ma
jority.
Syracuse, Nov. 16, 1870.
The following aro tho official returns of Onondaga
county:?
llayes, 14,869; Tildcn, 11,101.
for Governor? Morgan, 14,712; Kolilnson. 11,244.
Lieutenant Governor?Kogcrs, 14,752; llorsheimer,
11,219.
l<'or Contjret*?Illscock, 14,440; l'ratk 11,205.
Court oj Appeals Judy?Uaulorth. 14,034; ?arlc,
11,255.
for Assembly?Thomas 0. Alvord, 1,131 majority;
Carroll K. Muith, 1,153 majority ; C. Fredetick Herbs!,
799 majority.
The following is tbo voto of Onondaga county on tho
coustitutioual amendments;?Public works?For,
14,775; agulust, 4,007. ; risonb?For, 14,372; against,
3,000
Caiimki., Nov. 15, 1876.
Tho following is tho officisl canvass ol tbo roturns
ot Futnaiu county:?lluycs, 1,949; Tilden, 1,805; Mor
gan, 1,950; Robinson, 1,780. For Congress?Kotchaiu
(rep.), 1,U50; Davles (dem.), 1,777. Fish (rep.), is
oicctod to tho Assembly.
Schskkctadt, N. Y., Nov. 15, 1S76.
The following is tbo official canvass lor Scnenectady
county;?Tilden, 2,948; Ilayos, 2,090; Robinson, 2,949;
Morgan, 2,678; Dorshelmer, 2.949; Rngors, 2.094; Og
den, 2,962; Spencer, 2,687; Anderson, 2.959; Trow
bridge, 2,689. For Congress?Ihickor, 2,920; Siarin,
2,718; Karl, 2,900; Daulorlh, 2,050. For Assembly ?
Sanders (Uctn.), 2,852; Hastings (rep.), 2,781. Amcnd
uieuts-For, 2,338; against, 1,780.
Alh*nv, Nov. 15, 1871.
The Board of County Canvassers have not yot mado
their declaration, but the official ligtires lor Albany
county arc.?Uavos, 16.462; Tilden, 17,042; Morgan,
10,411); Uoblnson, 17,724.
STATE" BOARDS.
MEBTING OF THE STATE 1IOAKD OF AUDIT YE8
TEBDAT?COMPTBOLLBB BOBINSON'S EAST AP
IEABANCE AS COMPTROLLER.
A LB A XT, Nov. 16, 1876.
The Stato Board of Audit met to-day In tho Library
of the Senate, Comptroller Robinson, Chairman, and
Treasurer Ross alono being present. Mr. Bigdow was
absent. Attorney General Falrchlld attended as coun
sol fcr the State.
The Comptroller announced at the opening that the
presrni meeting was probably the last one which he
coulu attend, as his resignation as Comptroller would bo
handed in early nest month, preparatory to his as
sumption ot tbo Executive chair, snl he would, there
lore, suggest that no casos on the calendar of claims,
which seemed likely to lead to prolonged litigation,
wblcb might extend oeyond his prosence in Ibe Hoard,
be taken up. Tbo caleudar was tbou called, and a lew
unimportant cams wero disposed of.
The Baxter claim for the $100,000 prize to tbo In
ventor of tho steam canalboat, was postponed ai tho
requestor Mr. William A. Beach, counsel for Baxtor,
ou account or his necessary pretence elsewhere. The
Board then adjourned to tneot on the second Wednes
day In December.
Tbo Caual Board will me'el bofo on Friday undor a
special call.
Tne Board of Stato Canvassers to count the electoral
voto of iho Slate moots on tbo 23d Inst.
RECOUNTING A VOTE.
St. tons, Nov. 16,1870.
The question of recounting a vote cast at the election
in August last for the uew city charter and a plan for
dividing the city from tbo county, which has been
before tbo Circuit Court for some time, was decided
to-day by Juage Gotischalk, who ordered a rroouol of
the votes aud appointed a Board of Commissioners lo
perform that duty in the presence ol the County Clerk.
The decisiou refuses an fexuinlnation Into tbo alleged
fraudulent voting, and permits ouly a recount of
tho votes.
EXPECTANT GOTHAM.
THE POLITICAL SITUATION IN THI8 CITT YES
TEBDAT?MODEBATION AND FOLLY?MEN OF
MANY MINDS.
The apathy that was beginning to prevail among
political circles in this city a few days age was still
lurther increased by the rainy and chilly weather
yesterday. Scarcely a distinguished politician pnt In
an appearance at any of iho headquarters. The polit
ical barometers in the east showed about an equal
iovel, whilo dreariness and sullenness were the pre
vailing feutures. AU panto* seem to bo awaiting with
considerable, not to say feverish, anxiety the results
?oi the returning and canvassing hwirds in South Caro
lina, Florida and Louisiana. Respecting the latter
Slate a noted democratic politician yesterday
made tho remark, with vigorous emphasis,
**tbat Kellogg and his set down thero would rather
lie than tell the truth, even when tho truth was best
for their Interests. "Falsehood and treachery," he
said, "wero natural to them, and bo had no hopes of a
fair count of the votes lu the Siato."
Tho question arises among thinking men, as ulterod
yesterday, what will bo tbo result If the condact of the
Louisiana Returning Board itfotild provo a transparent
fraudT Will there be violence? Will thoro be blood
shed? A prominent republican politician In this city
said tho other day that the ropubllcans wore propared
for any ovest.
It Is the opinion of some gentlemen of judgment
with whom iho Hihai.d representative convorsod yes
terday that tho republicans would rntherlB<see
the country again In trouble thau that they
shotld loso the rolns of 'government. It
Is confidently reported that at a secret
meeting of the Republican KxecutifO Commltteo re
cently held, at which Secrclaty Chandler, Secretary
Robeson, General Daniel E. Sickles. Sheridan Shook,
Hugh Hastings and other irrepressible spirits among
republican leaders woro present, It was Oetermined to
carry ibo three doubtful States at all hazard* As a
republican ex-nieinber of Congress and an ex-Cmou
olllcer, al-o au ex-Mayor, yesterday remarked,
"Well, wo whipped lucm (tho South) once and
can do Ik again. ' At Ibe same time the same
gentleman averred that It would have beun far belter
tor tho mercantile luicro>in ol ibe country bad the
vole ol 205 for '1'iidon announced ou Wednesday morn
ing stood. The question would then have been
deNnttoly settled and the wheels of commerce begun
to be set In motion with some degree ol certainty. As
It is now overyihlng is in a worse condition than be
fore tbo 1'resldeiitial election, with a dim and uncor
j tain luture. But while wo And some ol our people in a
despondent way there are others lull of hope for a
bright, h ippy aud prosperous luturo lor tho country,
no matter who msy occupy tbe Presidential chair.
The prevailing impression at the prominent points
vesierday was llul tho republicans were ni
ilextblo in their plan to have tlie vote* ??? tho
three doubtful States cast lor Hajes. <>u
the other hand, democrat* were despondent
at the prospect ot that long expected glorious rosurrec
tiou of their i>art.v to national power gradually
lading away. A newsboy gave a pretty lair solution of
thu dileuuua u hut), it. reply to a question a^ut tho
election, be said:?"The election Isn't over. They wo
Just beginning to add up the vote*."
I on I selling is in a ureal m-asure stopped. Jonn
Morrisse.v waa asked last evening what he wal gouts
to do with bia milliou and over In pools? He replied,
Willi that peculiar closing of hia left blinker:?"I tell
nobody nothing about that."
It la worthy ol remark that Southern gentlemen or
Influence here have urged ujiou their lrlends in tho
South to take no violent measures In any event, fed
eral bayonet* or no federal bayonet*. Willi the vast
odds against them any hostile demonstration, however
soundly based, would, they assert, be utterly iutlle.
In the moantlme tho city awaits with quietude, but
unconcealed coucern, the developments of tho next
low day* la the three doubtful Southern States.
OOVKUNOH TILDEN'h MOVEMENTS.
There was comparative qulot yesterday at the Ttlden
mansion and the number of visitors fell olT greatly,
owing to tho rain. Tbero wero, probably, only a lew
buudred callora yesterday, but the Governor had to
decline seeing many of tbem, ow.ng to his preoccupa
ttou with matters growing oat ot the election. After
bis dinner the Governor drove with Mr. Gordon, a
member of the Nalloual Committee, down to the rooms
of the National Comiuliteo, where he tailed to find Mr.
Hewitt or Co'.onel l'elton. Ho then drovo to a 1'lno
street bauk in sesreb of a gentlemun with whom ho
had .some special business, and whom be also failed to
liud. llelug thus bullied at bolU points, the Governor
returned to hi* bouse, whero be remained lor the
rest of the day. In the evening many uroinlnont
democrats called. The Govoriior, Who is exceedingly
retlceui ou the subject oi the dilemma, nevertheless
expressed the opinion yesterday to u personal iriend
that witlru a very short time the proofs of his election
In I<oiilsiuna und Florida would be laid so clearly before
the returning boards that It would be found tmpossiblo
lo count him out. The Governor is hopolul of a very
speedv settlement of tbe Issue In his lavor.
THE EVERETT HOUSE.
Yesterday quiet reigued at tho national headquar
ters of tho democracy. Many pronilnont Individuals
culled, but tbero wus nothing to donnto any important
chango In the situation. To tho froquont luquiries for
Information was returned tho stereotyped answer, "Wo
bavo heard of nothing to alter our previous estimates."
This leaves tho news seekers no alternative but
to propound theories for themselvos upon tbo
subject, and to lonjocturo upon' the posslblo
results that may ensue. Most of tho democrats aro
satlslled that thore is a mistake somewhere; but It Is
amusing to listen lo thu variety of opinlous as to whero
Ihu Iimiso screw is. Tbo lact ol tbo stroug claims put
forth by both sides iu tho doubtlul States Is nulllciont
evidence that one is In the wrong, and is eveutually lo
be severely disappointed. The unusual prolongation
of tue ' dead-lock" Is accepted as evidence ibul
chicanery Is on foot. Democrats generally charge '
their opponents with (laying litem false; but not a few
are of the opinion that the crisis might huvo bocn ar
restod, had tholr own party managed differently. Says
one, "Tbe democratic party never committed u greater
piece at lolly, than when they assented to the admis
sion or Colorado luto tbe Untou. They aliowod tbom
sclvcs to bo convinced that thu uew Stale would voto
In their lavor. Hud they not dono so, tlure would
now be no doubt as to tbe issue ol the olectiou.
* THE CITY SLiATE.
APPOINTMENTS OF SCHOOL COMMISSIONEBS AND
INSPECTORS BY MAYOR W1CKHAM YIBTEB
DAY?PERSONS NAMED AS I0SS1BLE 1NCCM
UKN1H OP THE COMPTBOLLEB'S AND OTHER
OFFICES.
Mavor Wlckham yestordsy addressed tho following
communication to tbo Hoard of Education, announcing
the appointments of School Commissioners and in
spectors:?. #
To tiik Board of Edccatiom op this Cit* op New
Yo'uk:?
tikntlsmkn?I liavo to Inform you that In accordance
with chapter 112 of tho Laws ol 1873 1 have this day
appointed the following named gentlemen as Coinmls
| burners of Common Schools lor tho city ol New York
I lor a torin ot three years, commencing on the 1st day
of Jauuury. IS77, namelyWilliam Woo.l, James M.
I'alstoud, Kugene Kelly, Kvorett V. W heeler, Bernard
I Cohen and Jacob VanderpoeL
Also the following named gentlemen as Inspectors of
I Common Schools lor tho term of three years, com
mencing on tho 1st day ot January, 1877, and lor the
tchool districts mentioned oppomto their name* re
spectively, namely:?
lZl Pi*
1?John Patten. , &?Ale*. McK Agnew.
2?Washington Thomas. 0?Andrew Finck.
3?Charles Spear. 7?Jacjb Hess.
4?Harvey M. Woods. 8?Samuel S. KandnH
Very respectfully,
WILLIAM H W1CKHAM, Mayor.
Benjamin F. Watson bas also been nppolntod Com
missioner In place ol E. Caylus, resigned.
Tbo following letter was received by the Mayor from
Mr. Joseph Seligman:?
New Yokk, Nov. 14. 1870.
Dear Sib?1 am constrained to decliue the honor
you Intended for mo In naming me as a Commissioner
In the Hoard ot Education, tor tho rent on that 1 aball
bo absent from tho city a great part of tbia winter.
Novertuelo.s 1 approcluto the honor and feel obliged
to yon. Very respectfully, JOSEPH SELItiMAX
Hon. William H. Wicxuam, Mavor,
the comi'Troli.er a.xd corpouatiox corNacu
By tho provistous of tbo charter of 1872 Mayor
"Wickhain baa the appointment, by and with the con
sent ot tno Hoard ot Alderman, ol the Comptroller and
Corporation Counsel, both ol whom will hold olllce lor
the uexl touf yoars. Mr. Wtillam CL Whitney, the
present Corporation Counsel, will probably be reap
pointed. His term expires on tbo 31st of December.
This gentleman's tuimedialo appouiteos are the Cor
poration Attorney, attorney lor the collection of
nrrears of personal laves and tho attorney to tho
Department ot Huildtngs. For tho position
vf Comptroller tbo names of a number of
gentlemen aro mentioned. Among thorn is Mr. J.
Nelson Tappan, the proscnl Cily Chamberlain; but It is
bolioved that ho will not accept the posllion even If
tend?rcd him, as he prelers his present place. Mr. 8.
H Hurd, the receiver of tho Third Avenue Savings
Bank and a well known merchant In this city, and Mr.
\rthnr Leaiy are also mentioned.
Mayor Wickiiam will uot give any Information at
pre-eut as to whom bo intends to apj?lnt as Comp
troller. Mr. Groen's term expires on Monday next,
and n name will probably be sent In to tho Hoard of
Aldermen on the following Thursday. The rumor that
bas been circulated arouud lor some time past that
Mr. John Kelly Is likely to be named for tbe place is
not generally credited among the politicians.
THE COUNTY CANVASS.
Tbe Aldermen, actlug as Supervisors, yostsrday con.
tinued tbe counting ot votes cast in this city at the last
electiou. Tbo First. Second, Third, Fourth, Fifth,
Sixth, Seventh snd Eighth election districts were com
pleted. Mr. W. S. Wolf appeared on behalf ot the con
testing board, but was not given a hearing. The
O 'ures wero not materially altered In any or the dis
tricts, aud tbo canvass will be continued to day.
CANVASSERS AT WORK.
The Kings County Board of Supervisors met yester
day afternoon as a Board of Canvassers pursuant to
adjournment, Mr. Htllwell In the chair. It waa re
solved that tho Board should meet dally, at half-past
ten o'clock, until the canvass m finished. The re
turns which had been sent beck to tbe poll elerkn the
day previous for correction, were received in proper
form. An error waa detected In tbo Filth district of
tbe Seventh ward, which give* Waltor L. Livingston,
republican and Independent, nominee for Surrogate,
lorty additional vote*. The following Is the vote for
Commissioner ot Charities, as far a* tbo Sovenib
ward where the canvassers ceased their labors lor the
day:?
COMHISSlOSEtl OP charities.
Cunnttif/ham, Muliu,
Ward. ,wL lJr'n
First 2,2W 1,227
Second OM 1,012
Third........ 1,877 1,1V8
Fourth..... 1,285 1,177
Fifth !.*? 2.145
Sixth 2,231 3,085
Seventh 3,o5U 2,540
Tbe vote for Surrogate, canvassed to the Sixth ward
InclURivo, stands:?
IKard. Liti gtt<>n, Dailm,
First 2,110 1,230
Sicond 750 014
Third 1,701 1,331
Fourth 1,250 1.232
Filth 1.41(1* 1,WV4
Sixth 2,lu7 3,104
The County Canvsssers will conclude tholr labors on
Friday or Saturday.
BROOKLYN CITY CANVASSERS.
Tbe special Commlttoe of tbo Brooklyn Board of
Aldermen, appointed to canvass tbe vole tor Comp
troller, Auditor, Police Justico, Justices of tba Peace,
and Aldermen of tbo odd-numborod wards, mot at
seveu o'clock last evemog, and conttnuod their labors.
The returns or the Eighteenth. Nlneteeutb, Twentieth,
Twoniy-flrst, Twenty third, Tweniy-lourth and Twenty -
tlfih wards were canvassed and round to bo correct. In
relation to tho protest ol A'.dorman Rowloy, 01 tho
Seventh Ward, it was decided that tbe committee
would have to accept tho returns; and that IT Alderman
Howluy desired any redress, he would bavo to seek It
bv means of tbe law. The committee then adjourned
till sweu o'clook Friday evealug.
AN HONEST COUNT WANTED.
To the Editor op th? Herald:?
Lot thero be a mass msotlag of republicans and d?m
ocrsts (who lavor an honest oouat In" the disputed
Sistes), beld at Union square oa Thursday alternooa
! next, at four o'clock, with speakers elected froas tb?
bonest mcDul both parties; alau let the call be mide
s multaueous la othor c;ties. CLARENCE GEVEY.
POLITICAL NOTES.
Springfield (Mass.) F*ta.W<Ut Henry Wattersoa
tell General Sheridan, IT he dare, when tho latter ar
rives at New Orleans, that the American people are
I being cheated oat of their ireo choice aud their treo
! govern moot by a handful of desperate adventurer*
! backed by the President and tho military arm* of the
nation! If he aboold aay that to Sborldsn hie useful*
ncss as a democratic ibrleker would be very saddenly
euded."
Atlanta (Go.) Constitution:?"If Slttlug Ball was la
Florida or Louisiaua the troops would all be ordered
West to protect the reaervattono."
Richmond Dispatch ? "Our hope Is la 'intimlda
tion'?the 'intimidation' ol rogues and rascals by pub*
lie opinion. It may be tbat the appearance of aomo
of tho greatest men In tbo nation ib sight ol tbooo
who clearly premeditate a fraud upon the poople and
the Republic may overwhelm tbem and preveat tho
I rand"
St. T<ouis Tiw.tt:?"One hundred millions is tho
sum we ought to savo yearly in the expenses of tho
federal government."
I'tica (N. Y.) Ofcf?rr*r.?"Mr. Tllden's majority oa
the popular vote exceeds 300,000. His majority la
greater tbaa the entire voting popnlatioa of sovea
States waich are reported republican, to wit:?Colorado,
Nevada, Nebraska, Now Hampshire, Oregon, Rhode
Island aud Vermont."
Albauv bvenimj Journal:?"No democratic paper
dare take up tho facts respoctine the Uve parishes ot
Louisiana, and either stato them or consider them.
Thoy tight very shy of tho aubject."
Cleveland (Ohio) I'laimlealer:?"Tilden has a popular
malority of nearly 300,000, yet throe Louisiana niggers
aro to deuido, by their say so, whether Hayes or Tlldoa
shall bavo tho voto of a State that glvos 8,000 ma
jority (or Tilden.
Louisville Couritr-Journal:?"Sixteen years was a
Ion; time between drinks."
Mobile (Ala.) Register:?"As tho Mobilo Register was
the II rit and for a longtime the only journal ta Uia
Southwest which urged the nomination of Mr. Tlldeu
at St. Louis, It has a right to suggest that If any
Southern man is Invited to the Cabinet, no one
would bettor adorn tho administration or represent
bettor tho views ol our peeplo than Senator L. Q. 0.
l.umur, of Mississippi."
St. Louis Times:?"If tho radical* attempt lo Inter,
fero with our ballots wo will soon see how much head*
way they cau make agalnat our bullets."
St. Louis Republican:?"Look at Louisiana and
South Carolina. This Is tbo peace and Its promises?
blood red?which GrantUm has brought to us. Thi
'word of promise that was kept to tbo oar and brokon
to tbo bopo.' "
Mobilo (Ala.) Register:?"It would be a stroke ot
policv for Mr. fcildea to appoint as his Socrotary of
Stato Mr. Charles Francis Adams."
St. Louis Times:?"Said the Brooklyn Argus a day or
two ago:?'Should Mr. Tilden bo elected President tho
honor of the nation will bo wounded in a manner nevor
to bo healed.' Don't be alarmed; the aalve-os of the
people will bcal il "
Augusta (Go.) Chronicle " Georgia will again send
a solid democratic delegation to Congress. Mr. Ste
phens In tho Eighth and Mr. Hill In tbo Ninth District
had no opposition."
i. Wanted?A deal anf dumb man who hasn't made
that original Joko about waiting Til-den.
Syracuso (N. Y.) Courier:?"One thing Is certain?
tho Louisiana gnrao of usurpation can ucver bo played
on tho Amcricau poopie- A State may be forced to
submit to it; the nation, nevor! No mau ever yot sal
in tho Presliiontlal chair who had not been honestly
and ralrly chosen by tho people thereto; and It is safe
lo say that until wo roach the end of republican gov
ernment no man ovor will."
GOVERNOR ELECT ItOBINSON.
A LIST OF 1UB EXECUTIVE APPOINTMENTS
UPON WHICH GOVEBNOB BOBINSOH WILL
HAVE TO ACT?WHY OOTSBNOB TILDEN'g
APPOINTMENTS WEBS MOT CONFIBMED B1
THE BEN ATE.
Albaxy, Not. 13, 1870.
Govornor Robinson, on his accession to the Execu
tive chair of the Stale, will have tho following appoint
ments to make, subject to the consent ot the Senate:?
A puperintendcui of the 'Bank Department ir
placo oi D. C. Ellis.
A superintendent of the Insurance Department li
pi ico ol William Smyth.
Three canal appraisers.
Throe Stale assessors.
Ono canal auditor.
Two quarantine commissioners In place of J. L. B.
Stears und D. W. Judd.
One health olll?er In place of Dr. Vandorpocl.
A cap'aiu of the port in place of Captain Ssaman
Klcven harbor masters.
Ten port wardens, and
Au Inspector ol gas meters fer New York city.
The tortus of tho incumbonta of all these office*
have long ago ruu out, and they hold over by Tirtno ol
the refusal of the fc'onate to confirm a democratic
Governor's nomination, oxcept tho Canal Auditor, Mr.
Sohuylor, and one harbor master, W. W. Gordon, who
were appointed to their present positions to All vacan
cies occurring during the recess. Governor Tilden
made nominations to replaco all the Incumbonta, bU|
the Sou.ito rclused to confirm tbem, and It would seeiu
at first blush that such would be the cat* now. But
the enmity between Govornor Tlldon and tbo Senate
amounted to the bitterness ot personal boatillty, and
even the democratic Sonators bad private grievance
bidden away against him. He was making capital foi
tbo Presidency and must be crushed on that account
They refused oven lo confirm a staff officer whom hi
nominated, an act ULpreoaented in diacourlesy bo.
tweea co-ordinate branches ol the government. Gov
ernor Robinson excites no aucb personal hostility.
He la one of the most engaging of men, and will
come near winning conQrmauona by hla personal
qualitlea aloce. But the Senate baa a smaller
majority in opposition to blm now than it bad last
year to Tilden. Bootb, who was an element ofetrength
for the republicans ol New York city, la replaced by
a strong democrat, and the only republican represent
ative from the metropolis Is Caspar Baaden. Tbero II
no Presidential election threatening, and Sonaiori
will be unwilling to remain oat of tholr minor patron
age. Tbo inierence la almost suro that Governor Rob
inson will be enabled to make at least half the changes
needed tn the Stato offices, with the consent of the
Senate. Besides tbese appointments be haa also, if the
amendments aro carried, tbe naming of a Superin
tendent of Public Worka and a Superintendent of
Stale Prisons, tho two most Important offices In tbo
State, and if tbe nominations ol good mon are made
tho Senate, which Introduced and passed tbe amend
monis lu the interest of reform, cannot iracliously
resist their lull fruition. One year banco Governor
Robinson Will have the chance or a Senate In full ac
cord with blm, ana the present Senate will bave that
contingency continually in viow when acuuc upon his
appointments. So tbat It does not appear lo be so
barren an outlook far the new Goyernor as might bo
supposed at first thought.
A UTICA GIRL BETS ON THE ELEC
TION.
[From the Utlca (N. Y.) Herald, Nov. 1.1]
A pretty young lady called at a dry goods store li
this city, Saturday, to mako a purchsso. The aalee
inan was a democrat, and he bantered bis fair ccstomot
over tbe result or tho election, as viewed through bla
eyes, and offered to bet heK $100 to 110 that Tilden waa
elccted. Tbe lady la an onthuaiaatic believer In tbe re
publican party, and tbe crowing of the demooratlo
salesman did not sound pleasaotly to her earn She
delayed her intended purcbate and consulted with
a friend iu regard tn the wager, expreasiag
tbe belief that tho party offering such great ?
odds would not stand by bis words. Not
having enough money with hor lo accept the wagei
and declining the offer of a loan, she took the train for
her homo and roturncd at uoon with plenty ol funds.
Obtaining tbe escort of a Iricnd, she retarned to tbe
store and told the salosmnn she had caliod to accept
the challenge tbat he bad throwu out so oravely. TDis
was au unexpected shock to the reformer and he wal
completely taken aback. Coloring lo tho iooi. of bis
hair, be attempted to laugh and explain that he wal
only joklug, but the lady would not bave It tbat way.
She said she supposed that he was a man
of bis word, snd especially when It wal
given to a lady. Whether the saleeuiaa did not
Imve the requisite amount of lundsorol courage, we
do not kuow, but we do know that be backed out
through a very small hole and still remains ib IV The
young lady Icit tbe store in disgust, bavins travelled .
thirty or fjrty miles to meet tbe proposition, and
now haa a very poor opinion of the courago ol blatant
reformers. It was tbe tlrst Hum she ever accepted a
challengo of that character. Ueforo she makes an
other attempt, she says sue will compel tbe opposite
party to show his band. Tbo salesman who "kicked"
so uigloriously will never besr the Isst ol his empty
braggadocio and bow be waa baeked down by a pretty
| young lad>.