The New York herald. [volume], December 12, 1876, Page 4, Image 4

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

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CONGRESS.
The Proposed Amendment Regarding
the Electoral Vote.
OPPOSITION OF SENATOR MORTON.
Why the Power Should Not be Given
to the Supreme Court.
Intimidation of Government Employees
in the North.
SENATE.
\V uoini; i ox, Dec. 11, 1378.
Mr. Hamujt, (rep.) or 11.-., said he was absent from
tlio Senate on Friday last when the vote was taken on
lustaintng tbo ruling of the Chair on the existence ol
lite joinl rules on account ot a severe indisposition.
Had he been present ho would havo voted to sustain
the ruling of iho Chair.
TUK tali.ISIANA 1)1 MOCRATIC KKI'OIIT.
Mr. Boov, (dcoi.) of Mo., said he desired to present,
for the purpose of having printed, the report or the
live democrats who were invited by the Returning
Hoard ol Louisiana to be present at Iho cauvnss of votes
given In that Stulo tu the lute olection.
Mr. Ingallr, (rep.) ol Kansas, moved that It be re
ferred to the Committee on 1'rlnting.
Mr. Ecoy said the report presented by the other Side
hud been printed, anil this paper should be printed
now, that all the facts might go to the country.
Mr. Hamux asked It the paper was presented to the
Senate.
Mr. Bogy replied that it was not. Neither was the
report ol the other side addressed to tho Souate.
Mr. Eon I'M us?The other document was a message
from the President ol tho I tut on States.
Mr. Bogy said it was tho understanding when the
report of the oilier side was presented and ordered that
the report ot the democratic committoo should aiso bo
printed when presented.
Mr. Eiimixd* said It was a settled rule of tho Senate
not to receive papers which wore not Intended to nc
coinpuny something before the Senate or w. ro not ad
dressed to the Senate. To print this would bo in viola
tion ol all iho rules ol the Senate. He had no objection
to having tho papers printed, provided it be done in a
regular unit proper manner. The Senator from Missouri
(Mr. Bogy) could turn the paper Into a potltlou and
then it would he proper to print it.
Mr. Bogy said liu had no autnorlty to change the
lorni of me paper.
Mr. Edmunds?You can got authority within a few
hours.
Mr. Bogy said lie could have iho ) nper read as a part
ol his speech, and thus havo it printed.
Mr. Hami.in said ho had no objection to tho printing
?f the paper provided It be addressed to the Senate;
but to order that it bo primed iu Its preseut shape
aould bo a violation of all the rules ot the Senate.
Mr. Co.xki.inu, (rep.) ofN. Y., said all agreed that
this paper as presented was not within tlio rules of the
Senate. Any citizen might address lhl3 petition to tho
Bouate. The Senator from Missouri (Mr. ltogyi might
Iddre88 a memorial to the Semite making this paper a
part ot it, and it would then he proper to print it.
Mr. Stkvkxson, (dum.)ol Ky., nuii Mr. McDoxai d,
(detn.) ol lnd.. said they would Join with tlio Senator
Iroin Mi.-murl (Mr. Ilogy) in preparing a petition to bo
presented to the Senate, ot which the report oi iho
uumoorntic committee presented by Mr. Bogy should
be made a part. And it was determined thai tins
Course should be adopted.
KXI'KNSKS OF COM*ITT*' 8.
Mr. WiNiinw, (rep.) of Minn., from the Cotnmiiteo on
Appropriations, reported llm llouco lull appropriating
f21,000 to dclruy iho expenses ol certain special com"
milieus ol that body appointed to investigate the re
cent election in Soutli Carolina, Florida and Louisiana,
with an amendment appropriating $5O.tiOO in dutruy
tho expenses ot the Committee on Privilege* uud
Elections in making the investigation in the n c-<i t
election in South Carolina, Florida, Mississippi, Lotngl
ana, Qeorgia and Alabama, ordered by the resolution
nt Mr. F.dinuiuls.
Mr. Cockkkll, (dem.) ol Mo., tnqulrod how much
the House hill appropriated.
The Chair tepiied rJl.'dd
Mr. Cockkkll?$21,oiio lor tho three committees of
the House and $00,Out! for tlie Committee on Privileges
and Elections 01 the Senate.
Mr. Wisdom said the Committee on Appropriations
was guided entirely by the Committee on Privileges
and Elections.
Mr. Morton said tho Committee on Privilege* and
Elections had estimated that tlio investigation would
cost f.'ib.O' 0. Of course no mure would he expended
than was necessary. The utucudmcnt was agreed to
and tho blil passed.
Illl.t..s AM) KKSOLl TIoXH.
Mr. Mitch ill, (rep., oi Oregon, Irotn the Commit
tee on Privileges and Elections, reported a substitute
lor tbe resolution recently introduced by hnn directing
the committee iu inquire into tbe eligibility of j)r.
Wails, Hit- Oregon elector, and asked for its present
consideration; hut objection was uiudo by Mr. UooriiK
and it went over.
DUt'Cn 1IAUSIIAI.8 IX TUB SOt'TIS,
Mr. Bayard, (dem.) Did., submitted a resolution
directing the Attorney General to Inform tlio Senate
as 10 iho number ol deputy murstiiils employed
throughout the United Slates 111 connection vvitli iho
election held iu November last, stating the 1 umber
employed in each Stale and the- period ol limo they
were e in ployed.
Mr. Ki>mpxi>s, ol Vermont, said be desirod to otter
an uincntlmeiit to the resolution, and asked that it bo
laid over till to morrow. So ordered.
Mr Morton, (rep.) oi lnd., submitted a resolution
providing that tbo various sub-comtuiDces nn privi
leges and elections authorized to inquire into and re
port as to the late election iu certain Southern Slates,
under -lie resolution ot dr. Edmunds, shall be known
an committees ol the Senate, and that the chairmen
have power to administer oaths. Agreed to.
Mr. UoiTWaui., (rep Mil Muss., said wneii tho addi
tional members ot iho Committee on Privileges and
Elections were appointed 11 wus the uudorst ndmg
thai their duties would be discharged li-re iu Washing
ton. i he committee now thought it In be necessary to
send suh-coinnittiei? to 10vcr.1l Status, nud lie now
us ked to bo excused Irom further service on the com
mittee. So ordered.
Mr. SiiKinii.v, (rep.) of Ohio, presented the petition
ol General Joseph K Johnston asking tho removal of
li s political disubil.lles. Itelvrrcd to the Committee
on the Judiciary.
TilK KI.KCTOH.vl, VOTK.
1 lie senate thiii resumed eon-odnrutlon ol the un
flmsbod business, being the joint resolution ol Mr.
Edmunds propos ng an umenUmenl to Hie e.onslilulion
ol tlie I lilted States so a* to have the electoral vote
lor President and Vice President cuiimod by tbe Su
preme c'i urt, and tlie amendment proposed by tbo
Committee on the Judiciary providing that the electors
sliull vote ritvi vner, instead ol bv tiullol, was agreed to i
Mr. Morton opposed the cinu.-o providing 1l1.1t tho '
Court snail, in the duehargo ol 11 k duty, disregard
errors of form and bo govern? d by tbo sub-iautlal right
ul the matter. He argued that this clause would givo
to II.e Supieuio Court a boundless Jurisdictio.i. It
would authorize that bo ly to do inmost anything, per
ils p-10 go ami count ilie votes in theSiateo? Ver
mont A State jurisdiction should not bo conferred
upon any tribunal It was dangerous.
AHUURKNT Ol MII. Kim I .XII*.
Mr. F.dri'xds said tlie object ol the clause was not to
authorize the Court to exercise bound lets jurisdiction,
or to go au> w here to - our.I 1 lu voles ot citizens, but it
w.is to authorize the Court 10 do exactly what alt courts
do 111 matters which they it10 called upon to settle, and
that was to disregard lorrns nud decide upon tlio sub
stantial right ot the matter. lie ituu ex
plained at length the provisions ot the
Joint resolution proposing the amendment
to the constitution, and said 11 was
not a device, as somo of ino newspapers had inti
mated, to i-w.ip hor.-i'S while crossing a stream, it
was introduced by lutn iu the Senate on the 22d of
March lu?t. almost u year ago, ami reported luvornlnv
by the Judiciary Committee, with amendments, ou tho
2'Hli ot May following, bclorc either ol the Presidential
candidates were nominated. Ho then relerred to the
proceedings ol the Convention which Iramed the con
stitution, and Kuid lie had bocli unable to lltid any
thing in iho debates of the Convention which threw
I ghl on the clause of the constitution in regard to the
count ol tho elentorul vote 111 presence ol the two
bouses of Congress. The extent of the power ol the
presiding olllcer as to tlie count was not didim d E,>r
many years there had been among gentlemen ol all
partlosa wide difference of opinion as to the meaning
of tho clause iu tho constitution in regard to tlie
counting ol the electoral vole, and to ?cttlu that
doubt the Coiuinltteo 011 the Judiciury h id l.iuui'hi it
desirable to report lb s propo.--ed amendment.
Mr. Edmunds then referred to the nets ol Congress
early iu the history ol the government and the de
bate* which (ben took place in regard to tho subject,
ar.d said in lt>od nti unienument to tbo constitution,
now known us article 12 of the amendments, was
agreed to; but ho could draw no light from tlio dis
cussion wnich look place upon this amendment as to
the true inteut and tncaulng ot tbe constitution.
> rom 1S03 to lHtU, a period ol six y-oue years, there
wus no provision by law or 110 provislou by any joint
rule winch undertook to deal with that provision of
the constitution. Ho next referred to the lato twenty
??cond joint ruie and review ed its history briefly Ho
spoke of complicated questions which had arisen here- j
toforu in the election of President, aud said 1 ho countrv j
came out of them clear, as he hoped it would, anil
bcllev, d it would on lb s occasion. Ho argued Unit I
this proposed amendment was not Intended f> r the |
present difficulty growing oui of the late election. It
was brought jorwarcl in the .Senate long before either !
candidate was nominated. The Judiciary Committee !
thought tlio safest repository ol this power of count- '
ably iu case ?uh the Sen?W ?Co,u poseo"of
JE-? S5 *le cohesion
nniit be readied By It. feared owiug to Hie
T' . ,'/were not subnet to ibe excitement which gov
cms t:ic KWW? 'n*,ni52tlwiVnIt"yta*"Mtl "ouW
K3W
I^SSSS
CSw^-^jS
mi' tee thought the constitution sUouiil s|euK| )
5K5s??s-iK??-5?.
"-^HSSrJarrJsariSss
smarts
vUi.it ibi> l,l"t pence of their fcouutry. lr
lUey do lor 10? peet- ^ could Qol a?ruo
the two , , i., , eleellou H did uot follow Ibal
,u regard to be Ml eUt ^u?/%1Uk they must
?,?, me. aid |>'net it it Unur. tbo So..d
U"K.ve^r
w">uld?be Iou iti U somewboro in tbo constitution a way
to settle it P^cod.ly, ^ MOKT05,
Mr Morton raid bo was sorry that tbo debate had
jrS&asrK ?=?ss5
i 1 r .,| fiiijti ubivfCiiuDsi to tUis ameuduuut.
I were u ot the electoral vote
to thi*Supreme Court, winch would make that tribunal
?i ooluieiii body. It would inuko that Court the grand
returning bo nd of tbo country, itud its biotivtfs would
TT .1 d W power ;fr
SSSSrAWKS
the twelfth article ol the amendments to tbo consltlu
U>!;r^-Thdc.cS voce, Instead of
b,aKtt-Tl?. tranelor ol the count of tbo electoral
V?ivifnf?-Maki'ug 'a Suprenio Court judge Ineligible lor
,i V . 7 oi "resident or Vice l'rceidoul uulil tbo cx
pii'atiou ot two years noxt alter ho suall bavo cease
1 ?1 riu-"oral>i)Mlion left tbo Electoral College standing
. r? n!cV 'riia people of tbo United States
w ore op pose il "o t ii a I i u s t ft UI le u, as it was lull ot dan
cer una trouble, noinc ol which was at tbo very doors
of Congress to-day. This Electoral College was the
rook in the channel upon wbtcb tbo country was more
length from a report
wblc.it be made to tbo Senate ^o years .Ko niui lio
Committee on Privileges and tloclious to show tuat
ho opposed the Electoral Collugo then, and saidIn d d
not believe that ibe people ol tnls country would ratiiy
tbns iiropoaed amendment with the Electoral college
. , fowl?,.. Statidinu llu also objected to the proposed
S uSo it re-enacted tbo provision aulhor
"Seat lo the" ? iW" .vuurs '.bould no thrown
ato tbVuouso ot ltoprcsentntivcs. A President would
?. elected bv men who w. re elected two years ago; and
111 inv Ol t be in did not represent tbo will ol llio people
now' as thev had not been returned to t ougrcss. I his
SorJed to or h? pu pCr o" bringing about election by
tbo House that year would utterly damn any public
1 ! . ?i this day Ho argued 1" lavor ol having the
1 't s'deitmia Vice President elected by a direct vote
ol tV . people and bad read the constitutional amend
merit proposed by the Committee "n 1 rivncges nnd
Kicciious lo H ill cilfct two yearn ago. ,
Mr I*h>n \i?s in rrplv to u question from Mi. Mcrri
, sanTlbat ull the luen.be.s ol the Committee on
i ? ? iii.ii m ?i \ wore ol the ouiUioii that it would b? but
le'r to have the electors vote pied than by ''"""H
as the action ot Uio chosen ngcuis ol the peop* f
be public so all might know w..ether such agent lul
i\ii. ti tiie trust cor titled to hiiu o? bctuycl tt.
\lr Mkkc^son gavo not.ee ol a., amendment whtch
, . b.r to u.ako any Justice ol the Supreme
cmmmtluble toap.oibtu,.ml toii.iy ottlce under tho
i nlled States, and alio ineligible to be vleclea Prc?I
ilem or Vicu freiident until the axpiralion ol lour
years next alter bo shall havo coaled lobe such jus
I ico. .
?S";,i.r "?
iiifiiii v?-tn Merninoo, Ldtnuuilfc uud Morton.
P( lul ns lbe dlscutsiou Mr. Moi.ton suumlt.ed a mo
lntioti liim'' the Per u.oiu ot wituossos summoned lo
appear bVloVo tbu' Sonato on any ol a
<i .?id mi'.O'ise at 60 cents per miio eai.li way. Kc
f.r'red <^the Coratnlltec ou Contingent Expenses. Ho
al.o iubmtued a resolution .o trauslor ^.OOO ^m the
when the appropriation shall be made lo dcfr.ytho ox
n?Mr.'oglesby as a member of
the Coronuitee on Privileges and Elections, in place ot
MTher^to'tiiom'ai 'a quariorof lour o'clock, went
Into execuhvo so?.iou, and when tho doors were te
opened adjourned.
HOUSE OF REPRESENTATIVES.
Tlio Speaker announced the appointment of Mr.
Clytnor, of Pennsylvania, to till llio vacancy in tlio
Committee of Appropriation* caused by Mr. Randall's
retiracy. Tins does not Intorforo with tlio chairman
ship of tlio committee, which remains with Mr. llol
nian, of Indians.
Under tlio call of States lor the introduction of bills
the reading In lull ot bills introduced was required ou
tlio republican side ol the House, so as to consume llio
morning hour and leave no litno lor tho cull ol States
lor resolutions.
BILLS INTRODUCED.
The following bills were introduced anil referred:?
1J> Mr. Con, (dem.) of N\ Y.?To regulate tbc com
pensation ol letter carriers in cities of over 1UO.OOO in
habitants at $500 for the llrst year, $000 tor the second
and Jl.ooo lor the third year and thcrealter, making
the compensation In cities ol less than 100,000 Inhabit
ants not lets thull $000, nor tnoro than $300, within
the discretion ol the Postmaster General.
lly Mr. Clover, (dem.) ol Mo.?For the protrctlon of
States against domestic violence. It provides that
the President shall employ the army and navy for
such purposo only after the Legislature of a Stato
has certified to hint that the authority of the Stato is
Inrcibly resisted and b uoaDio to overcome such re
sistance, or alter the Governor has ccrlillcd to litlll
Hi.a riot, insurrection or overt acts ol rebclilou have
occurred which such Cover nor has endeavoren and Is
unable to suppress, and ulso that he has endeavored
to Convene the I. gislaltire, and that such l.egisluiure
cannot be convened by reason ol such domestic vio
lence.
J. MADISON WEM.B.
Mr. Uanni.no, (dem.) ol Ulilo, usscd unanimous con
sent to oiler a resolution reciting the euioglum passed
on J. Madison Weils, ol the Louisiana Reluming
Hoard, in the report ol Senator Sherman and others to
the President, ami requesting tlio President to lurnish
from the War l'epari uieiit copies ot nil reports, orders,
correspondence, .ye., connected with the removal ol
Wells irom the Governorship of Louisiana by General
Sheridan in l$ti7.
Mr. Kassok, of Iowa, objected.
Mr. Banking moved to suspend the rules and adopt
tho resolution. Defeated?yeas 141, uaysdl?not two
thirds In the affirmative.
SI LECTION FRAUDS.
Mr. McDouoall, (rep.) of M< V., moved to suspend
tlio rules uud adopt a resolution lor the appoinliiiiut of
committees to examine and leport into election iramls
na follows:?A com in i ttco ol nine lor New Yorit, Lirook
lyu and JerseyCay ; a committee ol live lor Virginia,
a committee of nine lor M ississippi, a coiniumeu of
lire lor Philadelphia, a committee ol three lor Alabama.
Mr tut, ol New York, remarked thai meio was no
allegation of oluciion fraud* in New Yurie.
Mr. Wii lis, (dem.) of N. Y.-VIo invite an mvcaliga
tioii there.
Mr. Wood, (dem.) of N. Y.?Can any gentleman
oiler a reioialiou which would, in it* eflcct, leave tne
House without a quorum y
The r-HKaksii? I hat is lor the House to determine.
The motlou to suspend tho rules ulld auopt tlio
resolution was deleaved by a voio of 1J4 yeas to 88
yeas (not tho necessary two-thirds). Sumo Ully-iwo
democrats voted lor tne motion.
Mr. Cox, oi New York, then offered a resolution for
the appointment Of a committee <>l live to prove* d to
the cities ot New York, Philadelphia, Brooklyn and
Jersey city AO examine Into auy alleged fraudulent
registration and iraudulenl voting at the late election.
Adopted wllhout u division.
Mr. Gooiik, (dem.) of Vn, offered a resolution In
structing tho Judiciary I'oiiintitiec to inquire and re
port on the legality ol the circular loner is-ued by the
Attorney Gene ral during tho late Presidential cam
paign io United 8tates marshals in relation to tticlr
powers and dunes in sui b election. Adopted without
a division.
INTIMIDATION OF OOVKUNMSNT KM CLOTKR.
Mr. hii NCKK, (dcin.)ol La., moved in mi>| end the
rules and adopt a resolution instructing the Judiciary
Committee to inquire what intimidation bus been prac
tised on government employes during the Into elec
tion to compel such employes to contribute to tlio
election luml ol any political party, and w hat legisla
tion is needed to ebnto the evil, l'efceicd?Yeas 184,
nsvs 74?not two-third*
The House (hen, at n quarter part tline, adjourned,
the democrats remaining in the ball to bold a caucus.
Report of the Democratic Visitors
from the Norths
CHARACTER OF THE RETURNING BOARD.
No Authority Under the Law to Canvass
the Electoral Vote.
Arbitrary, Unreasoning and Il
legal Action.
The following la Unreport of tbo Democratic Com
uiittoo from ilia North who visited New Orleans to
witness the canvassing of the votes by the Louisiana
Returning Board:?
Tim Returning Board of Louisiana, having this day
promulgated us the result of the recant election ill
that tilalu iliat the Hayes and Wheeler cuudltlulcs for
electors received a majority of the votes, we, who, by
invitation, wuicbod the proceedings of the Hoard iu
opening and canvassing the returns till it went luto se
cret session, deem It our duty to lay beloro you and
the public such tacts connected with I ho election and
the returns as will, wo ihitik, clearly show that the ac
tion of the Reiuruiug Board m proclaiming the election
of the Huycs electors is arbitrary, unfair and without
warrant of law, and we adopt as applicable to this can
vass the language of a report maue to the United Stales
House of Representatives iu 187ft, by George F. Hoar,
W. A. Wheeler und William P. Fry in regard to the
canvass of 1872,. In wlilr.h they say 'The so-culled
canvass made by the Returning Board In the interest
ol Kellogg seems lo us to hate no validity, and
is entitled to no respect whatever." We aUo adopt
the language of this same report upon the conditlou of
Louisiana in 1875:?'-In tbo Slate id Louisiana there is
a Governor iu office who owes his scat to the inlcr
lercuce at the nutiouul power, which lias recognized
his title to his office, not hv reason ol any ascertain
ment of the (MIS by legal process, but has bused its
action solely on tbo illegal order of a judge.
'?In tho satno Statu there is a Legislature, one branch
of which domes Us authority partly iroin the sumo
order. tho other being organized by a majority who
have been established in power by another Interlerence
of tho uuitonul government, and which majority de
rives its title, not In m any legal ascertainment of tho
tacis, but from the ceriitlcules ol u returning board
which has misconceived and exceeded Its legal au
thorily."
I'KOTKST AOAI.N3T JCUISDICTIOX
November IS, ISTO, beioro tlio Returuiug Board com
menccd llie canvass of Hie electoral vote, the candi
dates lor t-luctor* on iho ileinocratic ticket lireseuted
protest against ... jur.?llct.on over the sufrec"or IU
canvass ot the votes relating to tlio sumo This nro
test was summarily overruled by iho Hoard w "b0,?l
U Mim'."'!."" opportunity lor argument. No legal prop
osition, Hi our opinion, Is clearer than that the Board
Hits mistaken as to us powers, and that it had nothn <?
whatever to do with the electoral vote.
TIIK LOUISIANA KLKCTIOX LAW.
[The report hero reviews the question as to whether
tho Louisiana Election law of 1S70 was repealed by tho
existing law of 1872, arguing that If so repealed .ho
law of 1872 gives no powtjr to the Returning Hoard to
cauvass the electoral voto, and II not so repealed tlieu
the provisions ol tho law ot 1870 aro still in lorce and
the authority to canvass vests in others than the Re
turning Hoard.]
j2?S?rsr TS?JSlga2rS?
r; 2
XeT ?n'y l0Ur ,"en,bCr-' U WUS hot legally con"
The election law doclares that flvo persons to *.n
elected by tho Senate lrom all political purtles s'h ill i
the returning oUlcers |?r all oleci.ons ?n the S!??i
majority ot whom shall constitute a quorum and have
power to make too returns o. all elections InCie or
any vacancy by dealh. resignation or otborw.se bv
either of iho DoaH, thru iho vacaticv m h a I < hn hii?'i ?
tho residue of the Hoard ol Returning officers. ' 'y
CHARACTkH OR TIIK IIOAHb.
The present Hoard cuoslsta 0I 0uly Tour member- to
ru troum m'T:,, "0"8' T- V G CiltanavS
was ^^Od.dai^fo^r ^istate'se^ate'nt tilts'recent'else'
imiteeol the House ol Kepresentutlvcs ol the United
States composed ol Messrs. Hoar, Wheeler fry fl
tor I'heip-. Marshall and Hotter, after careiul mvfstu
cbirothnt'th a0"1011' "'a"Wc are constrained to Uo
elaru that the action of Hie Returning Hoard on ihe
gal." WUS arb,tn,ry' uujustand, in our opiuiou, illo
I ??!''6 Vl|cancy ,D 'ho Board, occasioned by the reslc
lir n?di? ,?S?"sr Arr"-VO- her, 187a, has never
! resell t at Iv?-m"ol <tV^'' r',,UUt0J hy the rep
ii'f.i.,. . . democratic-conservative party
the Stnto aud its candidates liuvo lieeu made to the
HuuVl ?Vi l,,? 8a,no- lo,vB"'ngc0mmiuco of IK
I ^le^>n?seulallv?-%?. commenting on tho luiJuro
rod sani?0r ?? v' ?" ,b? V'U"Doy ,n hen U ?Tu "
rou, sum.? l uur committee think the luw a* in ih?
conatitutlon ol the Hoard was not comphed w t ?
li this view he correct the Hoard is not so constituted
us to have authority to act at nil. constituted
ii/h.fr?vUl^C clerlcftl 'oree appointed by the Board at
its present session to compile tho voios cast is ?\u
republican, uud the Hourd refused uu application to
appoint any ri.rk or to allow any p.rwn o( the onno.
silo paily to be present to witness tho compilation and
even excluded ?,o United States Supcrvlwr2 df fcmc
lion under the act ol Congress.
The Iioaru then recites tho law ot Louisiana In rofer
ence to elections and continues:?
IT . I'OWKItS op tiik hoard.
tssua
whole duty ol tho Returning Board, unless tne con.
mlssioucr* ol elecliou or the supervisor ot some pari
Uons Tand J^0,1,ia'UrU'0rdUly BS I?r?>vldoU In sec
! ?,*! . 111 commenting upou tho Dowera or
tho Returnmg Hoard we uvail ourselves ol the ahin
argument or Judge Spoltord made before it
V? ,"CW IXTIXIDATIOX MIST 1IK Mil,W.N.
No 000 has the tight to attack tboroiurus lrom any
poll wind or parish In tho State on account ol undue
Influence, intimidation or other acts of violence un
less Hie loundution Uicrelor be ilrst laid by'the
Statement ol the Uotumisslonors ot Election at the
particular poll, ,f ifao occurred on eicmon da
or o the Supervisor ol Uegmtratlon oV the ariijV
H they occurred during registration ai nro'
vided . in sections ilti and 3. tho Hoard has
?o legal authority to receive or g?vo effect !2
stuleincuts o. outside parties till the proper Com mi
siouers ol Klooilon und supervisor have spoken >!or
| has Hie Hoard been Invested with tho power to" insto
I tuto complain s against any p..||, ex olllulo or oTits
i own motion. It cannot nioi out or iail io count *
! been" la hi ^tnr - 'vgul fouudaHon baa
, . . Inquiry by th? suporvipor ui uio uarish
| where tbo vote was cast, or by one of e Corn
?.?"?ra of.K'ocUon re|iortiug through such Tope?
) ' "ud ?veu they-me supervisor and co n.
j uuirv?" In 'liU ?,!"y , " '"uudatlon for In
, i^ry in the Hoard, l,y making una forward
i Pr' acriUed manner, their ofiicial
i statements contemporaneously with the r return
and ?i .he very lor... set lorlh by sect,on 20 of the ici
question. Challenging the Votes ol whoi.mies
and parishes, by uuolllciai persons, oven though they
ure caudiduios, is a sturtllnc and luwioas Innovat.oii
<H"T8I1'R PKOTESTS.
so outside iirotcsi can be cmortuined: bccauso oven
nlsupervisor a ?statement" can receive no cons der.H,uu
?> the Ileald, but must lie Wholly dlr/rgardetl, unless
made at n tune und lu a manuei.dtrnich no outsmo
STMl* lTd\'y C0'"Mv with, llis "at atein cot" (or
tliMiol ins suboidiuute couuntsalouer] must loru >ii
lutigra part of his return and olhcial report: it can
return lo w lue.,"}h?d|,n?rU"' H"'1 ,ro'n ?'?
!o ? V .f . requires it to be attached
bj paste, wax or some other adhcsivo subautnee ?
and a duplicate thereto must be lodged by turn with
u^d? .?.nf C?,,rl,01 11M paristi; it must be m.dS
, nih J . ' . 1 . a vleur and lull slulemcul of
all the (acts aud ol the cfloct produced thereby
bucn a statement, so unnexed, and sent by mall Is
the only kind ol slutemeut Hie Hoard can notico at all
fnlafi il n?? ? "?',U,ry ,Uto 'nHmid..tlon, kv. Ths
iiitoul ol tno law Is plain and indisputable that all tlio
supervisors should be engaged simultaneously, In their
several parishes ,n complet.ng tboir return, and
statements on ilio spot wiiere the election was held
without comr.iunicatniu with eucli othor or with per
sons beyond the parish, ami beloro tbey c^n obiain
iiiioriiiailo" ol what has boon douo in other parishes
or of the general result. y
KKASO.NS roil TIIK LAW.
r, An,^J"" ren??b 'or tneso minute, mandntorv and un
perauyi; provisions iscquully obvious. It wus'precisely
in aurr 7 from consider,u.on by the Returning HoitU
all such tx putt facto comiilniuis as nave been truiuned
up.mi , b-gaily thrust hi re at the last moment?
Kellogg, Mr. Packard Mr. llrowsier, and even by
some ol tho supervisor it., n.selves. 1 he I ,w u ,s not
t eeu complied with; n. ,i mo supervisors who have
jut in complaints nave not wruiou them at
tho proper time and m the proper parish: they
huve nut annexed llicm lo their returns, sealed aud seut
tboin by nia'l; tboy have brought down their returns
to i us cuy with no atatemeut so annexed, but have
patclmd up statements l.oro at nn improper tune and in
\ C0U,J ?"'y lulin 'heir duties
according to law by Ouislmig their returns, attached
Statements and all and mailing tnem, sealed up in one
envelope, at one of ibclr pariati poii olllccs, within tho
time required by law.
U Is appalling to iblnk that statements thus mado
cont rary to law, alter the result ol the election through
the State was known with approximate accuracy, nude
,""er, hy <1 isappoiu>rd cniidKlines and
tiioir friends, with an evident view to east ? drag net
or suspicion over parishes enoogh to reverse the em
phallc verdict ol the people, made, too, at so late a day
and -o great a dUtauco Iroio inauy of the parishes
struck at, thulit is impossible to have any lair investi
gation, sbouid receive consideration.
We reg.rd it as indisputable that the Return og
Hoard bus no jurisdiction 10 lunuire Into and reject the
rut urns from any voting place in tbu State ou account
ol intimidation, uris ol violence, or oilier eauso tnen
tionod In the statute, unlcsa the louudailon lor such
in iuiry aud rejection it laid at the time and In the
manner provided by the statute.
Dl'TV OK HCPKRVIfOJta.
In no case did the supervisor ol Registration de
liver to the clerk of the court of his parish, us re
quired by s< ction 2d, a duphcuto statement matlo
ant sworn to by tho Commlssionets ol Election,
and corroborated by three citizens, ol any riot, tu
mult, acts of violence, luliutioalion aud disturbance,
bribery or corrupt Inlluences, aud of the fuels relating
thereto, occurring ou the day ol election, nor
nny like statement of his own that any such
nets occured during tho tune ol registration
or the rovision ol registration. .When tho returns were
opcuud by the Returning Hoard such statements were
found among the papers iu a lew Instances, hut not in
relaliou to the panelu s ol cither Ouachita, Morehouse,
East Baton Rouge, East or West Feliciana; and such
wore tho manliest eflorts on the part of the oilicers of
election to conceal their acts mid contuse aud mislead
persona interested in a proper Investigation of
the (acta relating to tne election, that it was impos
sible to determine whether any such siatemeuts had
been made by the Commissioners of Election or l lie *
Supervisor of Registration, and attai ned to the returns
ot the supervisor in any parish in the siuto at the time
anil in ibu manner required by sections 2d and 43.
This fact leaves the Returning Board without juris
diction to uiqulro into acts u! violence, 4c., at tno
election or during registration, and with no other
duty to perfirm except to canvass und compile the
voles returned, as the returning oilicers ol any other
Mate would do; and us tho returns opened by I hem
show a majority for Ihe Tildon electors it ought to be
an end ot all controversy on the subject. Hut as tho
Bourd. Iu the lace ol these lacts, li is come to the ex
traordinary conclusion to declare that the Hayes elec
tors have a majority, It Is proper to look lunher into
its action.
JLCTIOX OK THE BOARD.
The ttrst meeting ol the Board attended by us was
held November -U, at which an application iu bcbull
of the candidates on the dctnocrntic-couscrvutivo
ticket that all tho proceedings ol the Board should be
public, and that Interested candidates should have leave
to bo present, by themselves or counsel, at the opening
of the returns, with tho right to inspect the same, was
reinsed, aud curtain ruins were adopted, against several
ol which protests were tiled, and parncu.urly against
rule li, which declared that:?
"9. No i x parte uflldavlts or statements sunll bo re
ceived iu cvidenco except as a basis to show that such
fraud, Intiuiiduiioii or other il.egul practice had at
some poll requires investigation ; but the returns and
u.'lidavils authorized by taw made by oilicers ol election,
or in vonticailon ol statements as required by law,
shall be received in evidence as primaJacir."
Under this rule sovcrul bundle i ex parte uflidavits
were prepared aud sworn to :u Notf Orleans, charging
intimidutiou and other illegal acts in distant pur It lies,
were then put into tho envelopes enclosing the super
visor's consolidated returns, which hud been brought to
the city ol New Orleatisuml kept open lor the purpose.
This was doue to support stulriuenth ol intimidation or
other Illegal acts interpolated by supervisors long after
their consolidated returns had been made out aud
sworn to as correct, and been llled with the proper
district clerk w ithout any protest or allegation ol in
timidutiou or other acts ol violcucci
IS EXECUTIVE SESSION.
The proceedings ol tho Board iu executive session,
to which wo were admitted, consisted in opening ihe
returns Irora cacti parish and examining the votes lur
Presidential electors. If no protest or objection ap
peared among tne papers, aud there was no outside
protest from any one, nie returns were sent
to a private room to be tubulated by ihe
clerks, alt ot whom wero republicans, who kept
their actiou secret. If any protest was lound umong
the pipers, or trout outside parties, ilio returns wero
laid aside, to be afterward considered by the Board In
secret. In tho few cases In which there wero charges
ol iraud, intimidation or other Illegal acts, thu can
didates or their attorneys wero permitted to take
copies of thu charges, and testimony taken on writ
ten inlcrrogutorles was submitted iu regurd to such
parishes
December 2, after all tho returns had been opened,
tho Board wont Into secret sossioii, and we were not
permitted to seo the compilation of returns already
uiadt. nor to know what rules the Board adopted lu
passing upon contested cases, nor thu processes by
which tl arrived at result".
TDK KBTlfitNS.
Wo have been furnished a triplicate, or a certified
copy oi the duplicate statement ol the Commissioners
ol Election ia oacu voting pluc.i lu the .State, from
which has been compiled a consolidated statement of
tno eulire veto ol the State lur ITusidciiiiul electors.
From this statement, which we believe to he accurate,
the majority for the nighost Tildeti elector over the
lowest iiuyes elector Is h.U67, ana the majority lor tho
lowest lildeu elector over the highest Hayes elector is
li.dUo. The rciurus In our possession correspond pre
cisely in most ease" w ith those opened by the Return
ing Board. The difference in tno aggregate arises
mainly Iioiii the tact that the Board did not have all
the returns before it. The supervisors, all of whom
were republicans, many ol them employes in tho
Custom House iu New Orleans, some non-residents ot
the State, aud ouo of them under indictment lur mur
der, withheld the siuteuients ol the Commis
sioners of Election In some Instances where
democratic majorities wero given amounting
in tho aggregate to shoot 1,600 vote.". Tho Returning
Board relused to receive ceriiiiod copies of the dupli
cates ot these missing returns liicd in the oillcos of tho
Secretary of State aud tho clerks or the district courts,
or to tako any ellcctive measures to procuro tho orig
inals.
Tho Returning Board, in proclaiming tho result of
the vole lor electors, makes no statement of tho voles
cast In the sovirul parishes, but simpiy announces the
aggregate vote lor each elector in the Stale, giving
tin.- Haves electors majorities varviug from 4.026 to
4,712.
now it was honk.
To accomplish which tlicy disfranchised 13,350 dem
ocratic and 2,042 republican voters. 'Ili a announce
ment Is made in tho lucu ot tho lact that the state
ments made by the Commissioners ot Election showed
u maturity ruugmg from ti,3UU to 8,957 tor tho TilUeo '
electors. No attempt is maoo to give a reason lor this
arbitrary action oi the Board, nor M there any state
ment to show what votes were counted and what re
jected. As woll might the ollicerit cuuvasslng the re
turns ol tho olection Tor Presidential electors in Ohio or
Massachusetts declare the Tilden electors iu those
States elected, in the lucu ol the fact that the returns
showed u majority lor tho Hayes electors. Wo have
shown that it is questionable whether tho Legislature
ol Louisiana has made provision for tho appointment
ol electors at all; that il it lias made such provision
it has not vested the Returning Board with authority
to canvass the returns ol the voles cast lor such otllcers;
and that il It were possible to coustruo the statute us
conlerring such authority on the Returning Board,
then the sumo statute limits tho authority ol the
Board to tlio canvass and compilation ol "the
! statements ol votes uiado by the Commissioners
ol Election," without authority to roject any on
account ol Intimidation or other acts ol violence
unless the foundation tnercfor he first laid us pro
vided III the stuluto; that the evidence docs net
disclose Unit such inundation was laid In uuy in
stance. There Is, however, evidence of attempts sur
reptitiously to lay such loundation after the consol
idated returns were completed, and that ttic Super
visor* ol Klectton in many tnnluuces unlawfully with
held their returns lor thai purpose, and interpolated
among ibem ex part? affidavits, taken in secret in New
Orleans, bonne a I'uitud States Commissioner, which
the Board has no jurisdiction to consider.
Many ot such cases wore brought to the notice of
the Board by ex parte affidavits, without regard to tho
tune ol their occurrence, and when they did not have
tlio slightest connection with the recent election.
AHl-TMPTIO.il or TilK ItKITUUC'AXS.
Another us.-uiuptiun of the republicans In that all
the colored men in tlio State are uon ssarlly repub
lican*. This i- by no means true. We wero visited
by a large number ol colored persons Iroiu different
palls ol ibe State, including the alleged disturbed dis
tricts, who nuide s| cochos and took au active part iu
tiuiauvuss in favor ol the democratic ticket, and
who gave, among other reasons for so doing,
that tnev had been deceived by republican
officials, who hud proved dishonest and
corrupt, had robbed them of iheir school
money and burdened them with unnecessary taxes,
and that lh<>y believed It for tbu Interest ol tlie coloicd
race to unite their lortunea with the a biles, whose
interests, like their own, whero IdeotlUed with tho
Stale.
It is certain that thousands of colored person volun
tarily and actively supported tlio ucmocralie ticket
The entire vote ol the State, at the recent election, is
about 15,000 greater than ever helore; and even Iu the
parishes whoro intimidation Is charged, it < xcceds, in
the aggregate, any previous vole. Tlio Congressional
Committee, which, a Is understood, will soou vi.-il tho
State armed with uutiiority to send lor persons and
papers, and Inquire into all (be lacts connected wun
the recent election and the salton of the Itoturnlng
Board, will h.?vo greater facilities for arriving ut tlm
trutli than we possess; but with the law and such lacts
helore us a* have been disclosed by the action of the
Returning Board, we do not hosita.e to declare that its
proceedings us w itnessed by us were partial and unfair,
mid that tho result it has aunoiiuced is arbitrary, lllo
gal and entitled to no respect whatever.
Al'I'KAL OF TBI FKOPLB.
Fifteen years ago, when Fort Sumter was fired upon
by meu who sought a disruption oi tho Union, a mil
lion patriots, without regard to party affinution,
sprung to its uelence. Will the same patriotic citixen*
now sit idly by and sco repre-entauvc government
overthrown by usurpation und Iraud t Shall the will
ol 40.0011,000 or people, constitutionally expressed,
be tbwuricd by tbu corrupt, arbitrary and illegal
action of an Illegally constituted Keturmug
Board In Louisiana, whose wrongful action here
to.'oro, in all respecis similar to its present
action, has boon condemucl by all parties. It
is an admitted lact Hint Mr. I ildcti received a majority
ol 250.000 ul the votes at Hie recent election, this
majority Is rondy und willing to submit to the rulo of
Hie minority, when constitutionally entitled to do
mand such submission; out is It willing that by an
arbitrary ami lalso declaration ol votes iu Louisiana
tho minority shall usurp power? These are dark days
lor tho American people when such questions are
forced upon their consideration, if it wero true,
as some insist, that neither the white nor tho col
oro i voters have in all lnstnnce.< been uflorded an op
portunity to give Ireo expression to their Wishes at the
ballot box, shall wo, by sustaining a Iraudulbiit and
illegal declaration ol the voles cast, stlllu the voice of
the millions ol voters woo hsvo Ireely expressed
their choice, and thus a*rk to correct a great wrong
by commuting another Immeasurably greater wrong?
Can we sanction such nut ion ol tne Louisiana Re
turning Board, and thereby lorm a precedent un<i?r
the auiliority ol which a parly once iu power may lor
ever perpetual* us rule, sml so end constitutional
liberty ? Shall such ho the lalo ol this republic at the
beginning ol the second century ol lis existence? Is
the momentous question now prrseutod lor the deter
mination of the American pcopio.
SECRETARY MORRILL CRITICISED.
Opinions on the Secretary's Views Re
lating to Resumption.
SILVER AS A CURRENCY.
What Leading Bankers and Financiers
Have To Say.
How Much Gold Is Needed Before Resuming
Specie Payments.
Tbc report of Iho Secretary of the Treasury baa
beeu very closely scrutinized In botn Qnanclai end
commercial circles and necessarily been the subject
ol very varied criticism. I'lio public Interest mainly
centred in tbc remarks bearing upon the resumption
of specie payment, and although ice irajorny of the
critics prsiso Secretary Morrill lor an anxiety to carry
out the net ol 1875, tbey do not agree with Mm on tho
auiouul ol gold that should be in tbe'freasury ill order
to redeem tbo greenbacks. Many claim tbatbuclris
the colilldence or the people In llio slubllity of tbo
government that a legal tender note issued on a gold
basis would bo accepted, and that Id u few months
there would bo more gold In llio Treasury than
ther has over becu. They claim that tliero
Is uo more lavorable timo for resumption thnn
llio present, when we tind at the close of the year that
the exports have exceeded the liuporis by over
$100,000,IKK). The views on the silver question are
verv varied, and although soiuo think that silver Is
eutirely unnecessary and the greenback currency by
far more convenient, there are others strongly in lavor
of tho restoration of what Is known as iho double
staudurd. Tho report on the tnition-l banks is lavor*
ably spoken of, but there is ao immense outcry Irom
tho malingers ol these institutions against tho prcsont
system ol taxation in this city, where they are taxed
on both their capital und surplus.
OI'IXIOXS OF FIN A.NCIKKS AMI IIAXKSKS.
A IIkiiald reporter culled upon Mr. t). D. Ashloy. of
No. 52 William street, and tho following conversation
ensued:?
IIKPOBTKK?What do you think, Mr. Ashley, of Sec
retary Morrill's report In regard to resumption of
spcclo payments.
Mr. Ashley?It seeing to be a clear and woil written
message, and no Is evidently impressed with the neces
sity of the Legal Tender act. Wheu ho comes to the
execution of tho Resumption bill ho seems to bo
doubtful as to tho amount ol coin it will ho necessary
to have in the Treasury. He asaunios tho possibility of
commuting the greenbacks to $300,000,000. He sceins
to* doubt whether that would bu sufficient, in my
oplnioa he is too apprehensive ubout the amount of
gold necessary lor resumption. Ho scorns to be fear
ful tnul <u the lapso of time between this and
1870 thero might bo a greater demand for
colli than thero is at present. In my opinlou his lours
aro groundless, and 1 think that $100,000,000 of gold
will he sufficient to meet the emergency. I think that
the actual result of his preparations to resumption in
1870 will make the legal tenders what may be called a
fundamental currenty that will be held iu reserve.
The national hanks and trust companies probably bold
to-day at least $150,000,000 of tho legal loudcrs, and
inasmuch as the national hank hills aro redeemable in
legal tcuduis those bauks will naturally increase the
uinouul ol their ro3ervcs. If this is the case it would
probably Icavo not more than $150,000,000 in geueral
circulation. 1 Mold, Uicrclore, that the coulhloucc of
tho people in llio nbiluy of toe government to redeem
these notes will prevent llio presentation of any con
siderable amount ct them lor redemption in com,
and thereinto 1 behove that $100,000,000 ol coin in
the Treasury would bo an ample rcservo to meet any
demand likely lo occur. It seems to me, however,
mat it will be necessary to preserve the legal lender
feature ol the note so long us it remains iu circula
tion, aud lo this there cau bo no valid objection it'll is
redeemable lit coin ou pi escalation.
TUK KgCKSSABY COIN.
The people will kuow that besides this stock of
$100,000,000 of coin In the Treasury the whole credit
aud resources ol tho governmeui are placed ut the
disposal ol tho Sccittary lo maintain resumption, and
my Imp'csslon Is that if too people have lanh enough
!u the strength, stability und resources or the eouu
try they will uuvo taiih in the practicability of ro
du'inpiion, aud thereforo will not requlro it. No ouo
will c ill lor specie lor illegal tender note unless bo
uo? ds It lor export or lacks cuuildcnco in the ability of
tho government to redeem its promise. Thero.ore I
think tho Sccrotary overestimates tlic obstacles lo re
sumption.
Kefo*tkb?What aro your views on the silver qucs
Moti r
Mr. Asiilky?Thero nre substantial rcasohs In favor
of using silver us a legal tender Iu Hunted amounts,
and lor sums of $20 uuu lc>s it might uuder aomo clr
cumstauces be qulto advantageous. Tho necessity of
using silver com for change seems Indispen-able, and
the extension of tuo legal tender quality to sama ol
$2 J will insure a good supply of tho metal, not only
tor change but for export to countries wliero silv-r ic
tho only measure of value, whilo tne new functions
given to other coin could not interfere with the prin
cipal standard. It Is well known that runs uputi
hanking institutions generally commence with the
holders ol stnull sums in notes, and il tho cxtousion ol
llie legal tender quallly to sums of $20
luflueoccs the circulation of itlver to a much larger
amount lliun herctolore, the cll'ecl would he lo allay
unreasonable (cars and to mitigate money crises, by
preventing to that extent sudilon demands lor the re
demption ol notes. It would. In tact, increase tho
spooic supply without materially luterlering with tho
standard. I'i) this extent the doubie standard may bo
saieiy adopted.
PRKSIDKNT JOHN THOMPSON.
The Hkkai.d reporter then paid a visit to Mr. John
Thompson, l're.-ldem ol tho First National fiauk, and
received tho lolloping inlormation:?
Bspoktkr?Mr. Thompson, what do you think o!
Secretary Morrill's views on resumption?
l'reskient Thompson?la relation u> me resumption
ol specie payments, whllo Secretary Morrill exhibits a
commendable anxiety to resume, bis ideas ol prepar
ing to resume are so nl variance with my practical
observation and experience that I can but orltlcise
them severely, lie evidently is impressed with the
necessity of either contracting the currency disas
trously or ol ho .riling gold 10 an amount that will ulso
be disastrous. Tno general theory Is that I ho Legal
Tender act should bo repealed and that the bunks
should be compelled to obtain an amount ol gold suW
ciont to meet the requirements of reserved moucy.
'ibis would necessitate the boarding In bank vaults of
over $100,000,000 ot gold wbero legal lender green
buckN would ee just as good. The legal
lender Flatus of greenbacks should bo lelt
as tt now Is until every one ol them ate taken away
Iroin tho people, mnl lucre should be no nieusuro in
troduced to compel the people to surrender them up,
but leave their surrender and destruction to be gov
omed entirely by tbo people's ciioico. If we prefer
legal tender greenbacks to gold, both being ol equal
value, we should bo permitted to holu them. To re
sume specie payments by contraction of the currency,
and ihut contraction worked out by giving out interest
bonds (or currency, will carry our present depression
In trade and in values much below What wo sro now
experiencing.
OIUKCTS TO IIOAROINO GOLD.
To ri rume specie payment by buying up gold and
hoarding it lor use at any iuturc civen day will ulso
work out disastrously It will be sulllcictii time to
buy gold when we lind that tbo people want It in ex
change for greenbacks alter tbo greenbacks are put
upou u gold busts. 11 the Secretary of tbo Treasury
should proclaim that on the 1st day ot January next
he will glvo out gold lor greenbacks at par, i have no
Idea that llvu millions ol gold w mid bo required, and
If at tbo same time be should proclaim that be would
rteetvo gold lu exebaugo for greenbacks at par we be.
Iiove that bis gold In hand would be augmented ten
millions during the mouth of January. I put this lu
the abovu language in order to tuily Illustrate my
view* on resumption ol specie payment My obser
vations during the Inst (llty years of panics and bank
suspensions nave Invariably been that In time of
suspension everybody wauled gold or silver, but in
times of resumpt ion everybody preferred paper to gold.
A LITTI.K ANKCIJOTK.
1 will mention an unecdoio wbtcli occurred In 1837.
A stockholder ami a depositor In the old Mechanics'
Hank of this city canto to me and said:?'"Here, Mr.
Thompson, my nank bus announced witb tho other
bunks that they will resume uexl wi ck; now, how
can they resume? Ttiev owe $3,000,000 ol deposits
ami $7i"i0.(H)0 ol circulaRinu, making $3,750,000 that
they will have to pay when llicy resume, una they
have not got $300,000 o! gold. Now, bow can tboy re
sume?" I roplieil to linn:?"My good friend, us soon
as your bunk resumes, all Its old iflcnds will take tbo
gold hack that tboy drew out in the panic, and if you
liuvc any gold you will take It In too. CoOM and sue
mo again Hi uboiit ten days alter your bank has resumed
and wo will see bow It gets aiotig. My trend was
very much astonished to find, slier Ills burnt bad re
sumed, taut gold kept Increasing aud growing larger
and lis currency went on incrousicg at the same time,
and such was emphatically the case with all tbo sound
banks; and such will be the ess# when the govern
ment resumes, if it will adopt tho common sense
method made use of by the banks whenever tbey havo
resumed.
TIIK 81LVSR QtKSTtON.
Rrportcr?Wbut do you think ol silver as s cur
rency?
President Thompson?I think Secretary Morrill
sound on tho silver question. It WoulJ he decidedly
revolutionary to make iho standard of sliver by intro
ducing what is called a double standard: too inevitable
result will be a slugle standard, aud that will be silver,
throwing us Into the condition that wo wore prior to
1834, when silver vu toe only money that wo mM
?lraw irom tbo bank on a demand obligation, and at
tbo sumo time tbero is a good reucon why we should bo
permitted to use the product of our own country In
making a currency for our owu people. Wo are aud
rball continue 10 tie the greatest silver producing coun
try, and while our silver product is very rapidly in
ert-turns our gold product u rnpldly decreasing.
?n:. w. A. i a UP.
Tne next visit paid by the Hkkai.i> reporter was to
Mr. W. A. Camp, manager of ihe Clearing Uouko. Tho
bubjo.ui-d ct*uversatlon look place.
Kkpoktkk?1 have called, Mr. ( amp, lo obtain youl
views on resumption, ailver as a currency and tbo
nalioual banks.
Mr. Caur?I have no opinions I caro to express on
the Aral two questions, but In regard to tbo national
banks 1 can say u good deal I'he taxation on tbt
national bunks in this oily is to ouoruioua that unlcst
It is soou remedied some of them will nave to stop
business. Tliev have to pay government. State and
municipal taxes and are taxed upon their capital and
surplus. For instance, II a bank has 3a,000.(XK> capi
tal and twenty-live per cent surplus. It is taxed upon
0,000. A country bank in the same condition
would only be taxed upon about Ally par cent of its
capital slock. It Is hoped there will be some legisla
tion on the matter, us many banks are now taking up
sumo of their capital stock in order to avoid tho
heavy taxation.
PRKSIDKXT P. C. CALHOUN.
The HrttALt) reporter then called upon Mr. P. 0.
Calhoun, President of the Fourth National Bank, and
held a short conversation with him.
ItKi-ORTkK?What do you think ol Secretary Morrill'i
view? ul specie payment ?
President Calhoun?1 cannot seo tho way to apccli
payments until tin- exports uro very lurgcly In cxcesi
ol the imports. We bnvn exported this your$1,000,1)00
more than we have imported. If wo continue on the
incie.tso specie payment will resume of itself.
Krpoktkr?llow do you like his views ou the silver
question ?
Pro-idem Calhoun?I think silver as a currency is
? humbug and ouiy beiictlts tho liuldets ul stock in the
Bonanza mines. The people were perfectly satisfied
wnh the greenback currency, which was more conve
nient and compact.
iUruiiTkK?Did you read the report on tbo national
hanks ?
President Calhoun?I aeo nothing especial to And
fault with. What the national banks require la a re
duction ol taxation. We tulund to cull In (2.00J,000 ol
our sio-k, as wo cannot alford to pay tho taxes on it.
TESTING THE EXCISE LAW.
HOLLENDEIt'ff CASE AGAINST THE EXCISE COM
MISSION if lid DISMISSED?JUDGE MOHGAN's DE
CISION.
Judge Morgan, at tho Tombs Police Court, ycslor.
day rendered Ins decision In the caso of Goorge W.
Hoilendcr, proprietor ol a barroom and roataurant,
ngaiiibt Owen Murphy, Jucob M. Patterson aud George
W. Norioo, Kxctso Commissioners, lor having, on Sep
tcmber 12 or tins year, lllogully granted
him a license to sell ardent spirits In quan
tities less than flvo gallons. It was claimed
by the prosecution that tho statutes prohibited the
sale of strong aud spirituous liquors by other than
hotel, inn or tavern keepers in quantities less than
live gallons, and that Hollcuder not boing in any
ol tho prescribed categories the Commissioners had
acted without uuthority ol law and were guilty of ?
tnlsdcmeiiuor. The cuso was argued by A. Oukoy Hall
lor tho uofeuco and Dormau B. Kaloo for tho people.
Judge Morgan's decision ia regarded aa a very im
portant cue. Tho following are Us chief points:
Jl'IKlK MORGAN'S DKCtSIO.V.
Considering the great importance of this case, both as It
aflocla tbo defendants in their private and otlicinl charac
ter, and as it hfleet? the public at large, anil especially this
community, I have examined with great caro the several
statutes regulating the snlo ni Ijgtiors in this Slate aud
those ol tho statutes governing such sales In this city. The
delenduuts comprise the Hoard ol Commissioners of Exclsf
111 this city. The complainant is the proprietor ol a rattan
raut ami liquor store, commonly called a Par, in the build
ing "ti Tryon row. In till-cilv. known a* the Staali ZrilUHH
liu-Hing, and bo seekt by Ills c mplaint to tlx tho
Offence of a misdemeanor upon the defendants lor their
conduct In tho discharge of their official functions.
Briefly, the cSiargo is thii:->Tlio ('otninikiluiiuri issued to
him u heenso to *e11 liquor* at Ins aUro or bur aforesaid
without the authority 01 the law. The additional averment
that the com pi hi Hit ut wiu coin, wiled to take out hiicIi license
im not material in connection with the present question, and
may bo summarily.dismissed. It the Commissioners is-oio
to him a license to sell liquors at his store or bar aforesaid
without authority and against the provisions of the statuto
to be hereinafter referred to. they are cuilty ol a uii*?le
inuamir under tho very words ot tho statute; but. II with
the authority and under the provisions ol such stalutos, they
issued it, they have boeu performing an authorised
duty tor which they are to receive approval,
Tne law of 1857 ordains that no license
shall bo uranteil to any one who does not keep
an inn, tavern ^ or hotel, and that an inn, twvor.i or
hotel is required for the actual accommodation of travellers
it; the place where it is proposed to keep the same. I lie
latter part of the law I deem very aignitlrant Titere is,
first, a proltihiiinn against t'raiitins a license to any except
lie proposes to keep an inn, taveiu or hotel, and not then
unlets the Inn. tavern or hotel is actually necessarv lor the
accommodation ot travellers. The same law also declares
ii a misdemeanor to ?;runt a license to any person u ?t
proposing to keep an inn, tavern or hotel. (Here au inn.
hoverti or hotel is defined.'
, 57*- L,lWH ot 18<10? radically modified the law of
18,17. VV ithout expressly repealing that law it withdrew its
operation from the city of New York:?"Tho said Board of
T.xcLe shall, subject to lurther provisions hereof, have pow
r lo irrant licenses to any person of good moral character.*'
lbi? is ail of tne section necessary to cite. 1 merely call
attention to tho Word* "any person" for the words ??persons
wlio propose to keep an Ion. taveru or hotel." It is difficult
to see how any one could doubt that if the statute was ia
full force at tho time of the granting ot the licenre tho de
fendants would bo Kuiltles*. But it certainly was not, lor
by lilt-act ol the Legislature passed in 1870, chapter 175
the foregoing uct of l8ik? wus repealed and the law of 18 ??*
expressly revived, arid this brings us to the really interest
injj ?nd pivotal part of this case. The law of 1870
should be construed as if a part ot the lav.- of 1857. except
so Ur as th? same is Inconsistent and in coullict. Am.Mia
the provisions of tho latest statutes botrds of excise ur"
authorised to tyrant licenses to any person, w thout restric
tion, aud it Is noticeable that section 4 of the Laws or 1870
is copied almost rerhnim from the Laws of 18B6, which
latter section tlrst extended the powers oi tho Excise t oiu?
inivsioners to grant license to any persou. Tne Legislature V
plainly meant^to invoke the old ?diuiuistrative method ot
tho law of 1857 while extending its provisions iu this and
other particular*. It is a woll settled rule of statutory
construction that legislative acts iu materia must bo
constriicd together, except that whero a pi lor statute li
iu ado a part of a subsequent enactment. both statutea for
the purpose of general construction thereafter, except that
where there is an irreconciluhio conflict between any ol
their provisions thou the provisions of tho latter supersede
the former. ? * * (Hero the precedents given by cmiussl
In their briefs are discussed to some leuxth). In conclusion
1 desire to state that it is a satisfaction to me to arrive at
the conclusion that the defendants here havo done no uu
warrantable act, hut that they have acted strictly within
the scope or their legal powers. 1 should be sorry to have
discovered that the ('omuiidinners wi.o collected these
moneys and granted licenses were every da> cominltttn*
misdemeanors and that their conduct instead or beiuS
worthy of approval was exposing them to punishment. The
complamt is dismissed.
?WORDSWORTH."
Mil. JAMES T. FIELDS' THIRD LECTURE AT
CHICKEKINO HALL.
The third lccturo Id tho courso given by Mr. James
T. Fields, of Boston, was delivered by tbat gentleman
in Chlckcring Ball, Fifth avenuo and Eighteenth
street, last evening. The Hall wag well flliod with an
attouttve audience. The subject wag "William Words
worth," and It was treated with tho powerful elo
quence for wh'cit Mr. Fields is celebrated. Tno
speaker opened his theme by calling attention to
too exalted placo Wordsworth occupied lu English
literature. Ills poetry had led tho way to brighter
worlds. I'uiiko some poets, his writings never needed
an explanation. The Inmost thought of Wordsworth
stood in tho sunlight clearly revealed, giving a nobler
ImpuDo to tho reader and lifting him above the sordid
things ol enrlli into tho purer realms ot spiritual
thought. No poet h<M ever taught mankind purer
le.-sous than had Wordsworth. Every woman should
lovo and revorn his memory, lor no Mara had sung tlioir
jovs and sorrows with such tenderness and pnld
sweeter tribute to thoir virtues. His books were cou
scctated to tho study and tho relief of suffering. With
him poetry was existence.
The speaker narrated an amusing instance of aa
American traveller who. visiting England, desired to
pay Ills respects to tho great bard. Seeing a woman
by Ibu roadside he inquired the way to his residence,
wlieu she replied thai alio couid not inform hlrn?she
did not know wliorc he did live. "Not know?" said
the traveller, astonished; "you must know. Ii Is uot
possible Hint you uon't know where ibis great rhymer
lives." "Uh! I see now." answered tbo woman; "yon
mean that foolish looking old gentloman that goes
about mumbling to himself, but law I sir, wlion you
get 10 speak toTiiin he Is just as seusiUe us you or II"
The lecturer thought that Wordsworth, moro than any
writer of his time, had raised the moral churactor of
the English uultou. He was a inun of sonud belief,
and hoi stumped nn Inliueuco on lus age which toulq
never be blotted out. And yet, although the writer ol
noble things, he had been persecuted in his earlier days
by critics until weukur minds would have lulled. This
derision, how over, seemed to have lifted Intn Into
gr< uter couddence In nis ability. They could not sep
arate Mm Iro a exalted thought.
The lecturer rather briefly described the poet's borne
among the bills and his everyday lilo at Kydal. The
utmost simplicity inarkeo his Itfo, which in his early
years was nic.igrc enough. His good geuius was
always his staler Dorothy, who stood bustdo him
In ali his despondency and doubt. She it was who in
the Orel years ol his <ai*ur lived by Ins side in poverty
this yearly ?ti|>end being then only ?100), and doing
all the household wrork. Even alter bis marrlago,
which was unusually happy, hecontinuod to Kan upon
hcrandloox to her for Hint devotion and aympuvhy
shu never failed to give hi in. Tho speaker I mllatod
the poet's manner ol reciting his own poems, and re
late l several touching incidents w hich occurred during
w vis0he paid the bard throe years before bis dewin.
THE OLD SLIP BURGLARY.
ARREST OF THE ME.V WHO HAD A WEAKNESS
Foil VANILLA DEANS.
Detectives Adams and Thompson, of tho Central
Office, yesterday entered ibe saloon at Na 61 Chrystle
street, kept by Jumes Johnson, alias "Jersey
Jimmy." and there arrested William Henry, of No.
1M Hester stroot; Tnoraas Ferguson. of No
fli'J Henry street, and James Flynn, at
ltivtngton and Forsyth streets. The prisoner
Fiynu is really James tognriy, the notorious burglar.
The cnargo against the prisoner* was that on last
Monday they opened the front door or the premises of
Gomes, Kioudo \ Co.. st No. 0 Old slip, and stols ulna
casus vanilla beans, valued at $0,000, gold. On being
arraigued before Juslico lllxby Furguson, llenry an4
Flynn weru remanded lor further examination*