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ESTABLISHED 1840. jviemih:is, tejotst., feiday, February 9, is 7 7. VOL XXXVI.- -TIMBER 3 4 PELTS AFPE-A r h CLOHlXtt KATES Yesterday of cotton and gold: Lit&rpoot cotton, 6 i-Hd. New York cotton, 12 3-4c. Ktu Orleans cotton, 12c. Memphis cot ton, 12c. AW York gold, 105 3-4. ffEATUKX lXniCATIOSH. Wax Citt., Omc Cn. Sis. Omen, I Wuiumui. Februajj w, 1 a.m. I 'or 7nnf and Ohio valley, north taut to southeast minds, riling, possibly fol lowed by falling barometer, colder and partly cloudy weather. BHEBVATIOI8 YKkTUQAT. War DCT. Siokal Smotcb V. 8. Arvy, I Thi kidt. Feb. rt. 1877. 10:H p.m. I Place of ObeernUlon. I Bar. jTaer. Wind. I Vfmtl, Mr. ) Force. I eMn- Glvetim . . : J 1. 1 .". . fiH In.llnnuU... w fH Louisville :fl.lo; 41 Memphis ;.07 61 Nuhrtlle :u).)0; 4H Mm Orleans. 1.04; f fchmvejiort ... .'M.lrt f.'l Vlrksbunc.. .'.ftitT F.7 N. N. N.E. S.W. N. N. N.W. N.K. Hrt-.lt. Clear. Brisk. ,Clear. "rwfti 'Clear, (ientle. Clear, (kiltie. Clear. Gentle.' Clear. Fresh. Clear. Gentle, i Fair. W. U'tLWJY, bMveant The programmes of the Clks and the Metnplii, which we publish on the second pagp; of this issue of the Appeal, gives promise of a pajyeantry and display that will eclipse anything Memphis has ever seen. The libretto of the.Metnphi speaks volumes for the taste, culture and enterprise of that favorite organization, which in the st'l-.vtion and treatment of the subject "India" sustain a reputation second to no similar society in the world. All that is now needed to make Mardi .Grjs-, 1S77, a succe st is fair weather, and that we are justified in predicting we will have. TnE credentials of Senator-Elect Garland, from Arkansas, were filed in the senate yes terday. The bill to j ay Captain Eads for his jettie at the mouth of the Mississippi still hangs Ere in tlie senate. A Wash i xo ion dispatch last night an nounced that Secretary Morrill's condition conveys little, if any encouragement. J. II. Rckkle, late Republican solicitor for the circuit court cf Columbia, South Carolina, committed suicide yesterday by shooting him self. The district at'.crney-general at Washing ton yesterday dismissed the suit against Bel knap on the ground that the evidence would not sustain the prosecution. Br a telegram from Nashville, yesterday, we learn that the senate has concurred in the house resolution directing the comptroller and treasurer tt suspend the payment of interest on the State bonded debt. The city is fast filling up with strangers, the arrangements of the Ulks and Memphi are nearly completed, and if the present beau tiful weather only holdwout, Memphis will celebrate Mardi Gra onTuesday in a style echpsing all former efforts. Albert Pkyser, alleged ineligible Demo cratic elector from Wert Virginia, lias been summoned to Washington to establish the fact of his Ining a naturalized citizen. He claim to b-j a native of New York, while the bulldozers asstrt that he is a citizen of Po land. A long discussion took place in the house yesterday over the manner of confinement of J. Madi-on Wells, who U hi-ld in contempt for not producing certain papers in the .Lou isiana election case to that body. The mat ter was lefer.-ed to the committee on privi leges and elections. TnE senate committee Lai reported the postollice appropnatien bill, increased f 1, 800,000 over thj total of 33,221,000, as passed by the house. The increase includes $000,000 for transportation of mails by rail roads, making the total appropriation for that purpose $9,600,000. TnE Tidal Ware pays us this compliment in its last number: This able paper Is one or the strongest in favor of Democratic relorni that couies to the hands of oiir people. La-it jesir our success la this State was fi-rtbered by the untiring eflortsof the Akpkal; and we could not do better, even on the score of reci procity, than patronize that Journal. But one would be both pleased and beueliuxl br a perusal of Its columns. Uxited States Senator Bbuce (colored) refuses to be a party to a scheme for the re jection of the voti of Mississippi. He has, no doubt, sensibly concluded that a Demo cratic majority of fifty-one thousand seven hundred and eighty-eight cannot be success fully bulldozed even by a Radical senator. Okoloxa has developed a remarkable case of spirit medium in the person of the wife of a physician of repute. The Southern States, in its laft number, has a most inter esting account of the wonderful phenomena produced by this lady, who is vouched for by that paper as above either trick or device. "Wonders will never cease." A statement was published in Washing ton yesterday afternoon that Mrs. Mary S. Oliver La entered suit against Hon. Simon Cameron for brea ;h cf promise of marriage a year ago, laying damage at fifty thousand dollars. She is forty years of age, and an employe of the treasury department. Tht naughty Simon U sventy-e:ght years old. Brother Bnowxiov, in hi Knoxville Chronicle of passing eveuta, says of ta? su preme court's decision in favor of the holders of Bank of Tennessee notes, that "a more ' glaring piece of injustice was never perpe- trated againit an innocent people. It is a ' swindle in the name and under covet of "law." 1 1 is etated by parties who were in New Or leans at the time, that at the hour when the bogus Hayes electors met and went through the form of casting the eight votes of that State for Hayes they had no certificates. It is said that Kellogg was afraid to trust them, and that he held the certificates in an adjoin ing room, and would not deliver them until after the votes were cast and announced for Hayes. This would of itelfbe sufficient to invaliilate the vot. It is understood that one of tiie discoveries of th house South Carolina committee t that there has really been no legal election in that Sta? since reconstruction. The new constitution ;3s a mandatory provision for the regi.-tra.ticm of voters. The carpetbag and colored legislates have never passed any registration law, &s directed by the con stitution. This may make anotlicr point f?r the electoral commission to unraveL We learn from Washington that the elec toral commission will take the Florida rase into private consideration early this morning, and it is expected they will reut:h a ilii ciion during the day. The Democrats have little hope for anything more favorable to them tlian the throwing out of Humphreys's electoral vot'. The conb-st iu die Iuisiajia case will be over the legality cf the returning board itself. The law calling for five mem bers, and the four members who acted not filling the vacancy, it will be claimed that there has been no canvass of the votes, and that no electors have txn appointed. Prom inent Democrats say that the commission has adopted a line of procedure that must throw out the vote of Watts, the Oregon oht master. TELEGRAPHIC BREVITY: London. February H: Amount of bullion with drawn from the Back of England to-day, sixty thou- ana pounas. New Tork. February R: John O. Maboner. the well-known Fenian leader, died ia.-t evening at his residence in wis city. New Tork. Februnry K: James Mood, nho killed nis wire ut tneir rKiaeuiie, z.o. (.roby street, sur rendered hlnnell to the lirouklyn police to-d ly. Washington. Fettranry 8: Rear-Admlral Wilkes, of the United States navy, on the retired list, died here this morulas. He had beea In bod hualth for a long tune. Buffalo. February 7: John C. Jewett A Son's tin and Japwnware factory was damaged by tire last nUrht to the amount of thirty-live thousand dollars. Insured. Wllkenbarre, February 7: Hlldreth & Co.'s store and lour adjacent buildings In East Nautlcoke were destroyed bsjlire to-day. Loss, flfty thousand dollars: Insured. New Tork. February 8: At the Erie railroad moet Inj? In London, to-day, a resolution was passed recom njendliae the bondholders to convert Uleir bonds and paytbe assessment. Buffalo, February 8: Simpson Dennis, coal deal ers, have made an assignment for the benefit of llielr creditors to J. F. Moulton. Liabilities, forf Dve thousand dollars. London. February 7: A Vienna dispatch says the new Krand vizier has sent express Instructions to the Turkish ambassador here to continue the prelimin ary negotiations with hervla. New Tork February 8: The ship Amlnta, which arrived yesterday from Calcutta. reiorts the loss of the carpenter, two seamen and two apprentice boys, washed overboard In a cyclone. Columbus. Ohio. Febraary 8 : "Tho citizens' recep tlou and ball, given to the (reneral assembly and Stale, oftleers to-night. was a large and brilliant affair. Governor and Mrs. iiayes were present. London, February 8: The British steamer Ethel, bound from Bilbao for Newport, Wales, went ashore yesterday on Lundy Island, and became a total wreck. Nineteen persons were drowned. New Tork. February 7: It Is reported that the At lanta boat-club, of tills city, which for the past tiuty years has been oue of the leading amateur boathig organizations of this country, has disbanded. London, February 8: Bullion In the Bank of Eng laad decreased - wo hundred and seventy-three thou sand pounds during the past week. The pro:ortion of the bank reserve to Its liability Is forty-six per cent. New Orleans, February 8: A row occurred on the levee this evening between the negroes and police. Several shots were fired. One negro Is believed to be mortally wounded. Several police were struck with bricks and stones. London. Februarys: In the house of commons this evening, the Marquis of Hartlngton pointed out the absence of any reference to tha American extra dition treaty in the queen's speech, lie also criti cised Earl Beacons field. Washington, Februarys: A. n. Herr. of George town, will be appointed a member of the board cf police commissioners. In place of Frederick Doug lass, from whom nothing has been heard in connec tion with his appointment. Trenton. February 8: Oovemor Beadle has re prieved Bran and Oschwald. who were sentenced to be executed on the ninth Instant, until the Ufleeuth. This Is done to give an opportunity to have the case openeued for review on a writ of error. Columbus. O.. February 8: In the senate this afternoon a bill was Introduced to regulate the speed of railroad trains by allowing trains to run through towns of not more than two thousand inhabitants at the rate of speed not to exceed ten miles tier hour. Omaha. February?: Captain C. V. Gardiner, of Deadwood, I. T., has Just completed arrangements In this city whereby smelting works of the most np- nrnml kinri Bill ha attabliaibAd In tno Mlw Hills this summer, with a capital of fifty thousand dollars. New York. Februarys: The creditors of Fechhei- mer. Kameles Co.. dealers In toys, fancy goods. etc., Cincinnati, accept the offer of the firm to com promise on a basis of thirty cents on the dollar by three, six, nine and twelve months notes, fully in dorsed. Toledo. February 8: A man named Henry M. Ste vens was shot In the lett eye this evening by John Steloman. In the latter's saloon In this city, and In stautly killed. Stevens returned from Columbus to day, where he had Just completed his sentence for burglary. St. Petersburg. February 7 : All but three of the- studentswhoonSt. Nicholas day, during service In the cathedral of Kazan, made demonstrations and unfurled a red nag bearing tne inscription, "cnion and llbefy." have been sentenced to penal servitude or transportation. Trenton. February 7: The argument in the case of the New Jersey mutual life Insurance company be fore tue chancery court Is closed. The chancellor decided to grant an Injunction restraining all trans fers, and appointing a receiver, who will probably be Ex-Uovemor Parkej. Rome. February 8: The pope desires all cardinals to attend the next consistory, as It will be of extraor dinary Importance, it is said that the new nuncio to Spain will claim the restoration of the admlnls tlon of the charges of the hospitals, of which the nuncio has been deprived. New Orleans. February 8: The carnival season was Inaugurated by a procession of the knights of Mom us. Subject "Hades; a dream of Momus," in cluding also a satire on the political events of the Stab and national administration. The streets wer well tilled with spectators. Wllkesbarre. February 8: Five buildings. In cluding the store of the Susquehanna coal company. were destroyed oy nre at jvmcoxe mis morning. Loss lifty thousand dollars, insurance miny inou- and dollars. The tire was caused by Incendiaries, who are supposed to be Molly Magulres. London. February 8: Earl Granville, speaking In the house of lords this afternoon, declared that he would not refer to the eastern question, but would await the papers to be submitted to parliament; nevertheless, he launched Into the subject and se verely criticised Lord Beaiapnsneld. London. February 6 : The worst apprehensions are felt of the strike of the Uurhara colliers, In conse quence of the differences with the masters about the recent arbitration awards. The strike would dl rect Ir affect from thirty to forty thousand men. and In volve the stoppage of the Cleveland Iron industry. Washington, Febtary 8: The house ways and means committee, to-aay, neara me arguments urging the repeal of all Federal taxation on circu lating deposits and capital of banks. J. D. Hayes, president of the Merchants and Manufacturers national bank, Detroit, was among the speakers. Washington. February 8: The reward for the de tection and punishment of Illicit distillers is suspend ed In North Carolina, South Carolina and ieorgia, and the second districts of Tennessee and Alabama, more effective methods for the suppression of illicit distillation In these localities being put In operation. Rnotm. February 7: The following card Is pub lished to-day: "i am glad to announce to the chris tian public that contributions for the family of P. P. ollss nave Deen bo nuenii uiai. wiiu tue uuuiiii'ii ui what he left, they are well provided for, and collec tions should now cease. I. L. MOODY."' Nt-w York. February 7: Thomas Schoonmaker was arrested to-day in Jersey City, on his own admission that he had escaoed from the Lexington. Kentucky. Jail, where he was confined pending a second trial for the murder of Joseph Blackmore, In April. He was committed to await a requisition from the Ken tucky authorities. Toledo, February 8: Charles Kruck, aged sixteen, while standing on the Swan creek bridge in this city, at noon, with three companions, suddenly sprang over the railing, striking upon his head on the Ice below, crushing In his skull and causing Instant death. The whole party were somewhat Intoxicated. No cause Is known for the singular suicide. New York, February 8: Cable dispatches state that Prince isortscbaiiofl lias retired from his position as minister of foreign affairs, on account of Ill-health and long service, and Is succeeded by Count Adler berg. The sultan Ignores pollti to give Mlilhat pasha a constitutional trial. It Is believed In Con stantinople that he has been dead some days. Constantinople, Febniary 8: The Prince of Mon tenearo has replied to the telegram from the grand vizier. Xtint he Is willing to negotiate for a peace on the basis of titu pv) mU' btllmn, with a rectifica tion of the frontiers, but considers It useless to send a delegate to Cottantluopie, and asks ih;i! negotia tions be conducted with the Ottoman uuibiissador at Vienna. London February 7: The Tinanrirr says it Is prob able that by the new forthcoming Indian law the drawing of Inula consul bills may be su.sndel. In which event the prtoe of silver would Improve. A large amount of sliver Is now field In London, but holders do not care to press sales until the inten tions of the Indian government are known. Only a mall amount of bills was allotted yesterday. New Tork. February": Th Farmers Joint-stock fire Insurance company, of Meridian. In this State. as tn ordered to do no more business, and to wind ltt affairs. This action or the State insur ance denartiCut was the result of an examination bkrn snowed that the company could not continue to do bulnw with safety to its policy-holders, al though the loaaes wljl fall entire!; pa the stockhold ers. Lawrence. Kan., February 1- Some six months ago Judge 1'endry, of Leavenworth, bxousfh! suit as an Informer In the name of the I nUod states agulnst the Kansas Pacliic railroad for ten million dollars for alleged fraudulent claims against the govet&ueuL Judge Foster, of the L'nlted .-tales district court, has Just decided these cases In favor of the railroad eou.(cy on demurrer to tie peti tion. Hartford. Februarr 7: The Farmers ud Mechan ics callonal bank of this city, which has a MfI of one nttUJon oue hundred and fifty thousand del- i lars. and a mius of over four hundred thousand dollars, was found Uv-ay to be a heavy loser owing to overdrafts and loans made without the knowl edge of the directors. The extent of the loss Is not known, but the capital will be not lmpWred. The Impairment, if any. Is slight. Nothing Implicates the officers as participating in the misused funds. New Tork, February 7: The committee appointed at the meeting to-day to examine tle Nioks of the Central road of New Jersey retorted this nfSpnioon that the floating debt of the company on January 1st was S'J.ota.OOO. The company was Indorserof bills of the Lackawanna and Western coal company amounting to JUl.Ois), and lha the ln leW"dness of the two companies wan tenured by jL-j ;"8,0t0 blanket mortgage bonds and S4.4.V. init U'llke;harre coal bonds. The eoal ooniiiany Is lt;d.Sf to the fjllroad company to the amount of Sl.f.jii.rXa, account of freight and earnings. The Pital amotu v-K;r,Ded tur oa tne IICW loau Ut, lOO.OOU. TIIE IIICIl COMMISSION. The Case of Humphreys, of Florida Witnesses Examined on both Sides Exemptions by Merrick. Speeches by Judge Hoadley, Mr. Green, Jndije Shellabarger, Mr. Evarts aud Mr. JHerrick "o De cision Ifeached. Opinions of tlie ew York Press upon Wednesday's Decision The Repub licans Jubilant The Independ ents not Sinjrniue for Hayes. Waiiixotox, February 8. The commis sion reassembled in open session at eleven o'clock. The counsel on both sides was present with the exception, of Judge Black. Justice Clifford stated the proceedinr3 were now in order under the orders adopted by the commission yesterday. Mr. Green, of coun s.il on the Democratic side, called as witness (feorjfe 1'. Itae, of Florida, who resides in Tallahassee, and is attorney-general of the State. Question Were vou present when the writ of 1710 warranto was served? Mr. Evarts objected to thd Question, as not within the order ol the court. Mr. Green said tliev rjrODoecd to fix the date of the quo tcarranto proceeconfrs, as they did not considi-r tlie order of tba commission ex cluded that question. lhp. question was then out to the court. and the objection of Mr. Evarts was sus tained. Mr. F. C. Humphreys havinsr been identi fied. Counsel Green presented tiie commission of Humphreys and a certificate from the clerk of the court in which the commission was tiled, that no resicmation had been filed ud to January 24, 177. Mr. Humphreys was called on the Republican side, and examined by Mr. Stoughton. He testified that he resigned, the office of United States commia.sioner, and his resignation was accepted October Tth by Judge Wood, from whom the office came. Witness produced a written acceptance of his re?ijrnanon. Air. .Merrick objected o the production ot me paper, as n was tne aci oi an lnaiviauai, and not the act of the court. lo Mr. Stomrhton The Darter was received from Judge Wood, in answer to his resigna tion, was accepted, and that until he Judee Wood could come to Teusacola and hold court the duties would be discharged by the collector. The introduction of a letter from Hiram Potter, jr., collector of customs, dated Octo ber oth, 187(5, asking witness to turn over the books and papers ot his office, was objected tosSy Mr. Merrick. Tae witness stated that he did turn over the office, and had. not exercised the functions of tue office since. Cross-Exauiined bv Mr. Green The letter was addressed to Judse Wood, at Newark, Ohio, and a reply came from there that there had been no session of tho court at Pensacola since that tim;. The testimony was here closed. Justice Liulora announced tiiat the whole case was now ready for argument, and. under the third rule.each side was to lie allowed two hours for ui utile: jil. Mr. Merrick t aid they haL to ask the in dulgence of bcincr heard bv their counsel. and that as some important questions had arisen this momiDjr, that the time be extend ed another hour. The commission granted the extension asked, and Judjre Hoadley ad dressed the commission. He coiitended that the tender of his resignation to th governor in umc, ana ma acceptance oi tne same Dy the judgo in Ohio, was not an act of the cir cuit court of Florida, and that, therefore, the resifrnation ot Mr. Humphreys had not been h'gaily accepted, and he was, consequently, at this time holding an office of profit and trust under the United States, and therefore was meliipioie as an elector, iheenechot this disqualification extended not only to the elector, but to the btate which appointed him. This view he supported with quotations of debates when the constitution was framed. holding that the selection of an inelligible elector worked the forfeiture of the vote to the State. It was intended to protect the several States a&ainstthe illegitimate use of Federal power in any one State. Time had not shown that the evils trom t ederal interference were any less than our forefath ers had apprehended. In 1837, five post masters were among the electors, and Mr. Clav introduced a resolution directing a joint committee to enquire into this infringe ment ot a clause ol the constitution. it was thun held that it was the duty of congress to takej testimony and inquire into the facts. 1 he committee did not hnd time to ascertain whether the parties of the same name were the same individual, and as their votes would not change the result, the inquiry was not carried out; but at that time the idea was entertained, although the committee did not so think, that a single disqualified elector vitiated the whole electoral vote. Judge H jadley quoted English authorities to show that , in tlie event ot the election of ineligible individuals, the election was void. There was no Americfjn precedent to the contrary, al though there had been a wide range as to the ellect of such failure to elect upon the other candidate. In the Pennsylvania case, where the candidate was disqualified, the election went back to the people. In the Indiana cases, the next highest candidate had been elected, and in other cases the party had been un- seati;a wiuiout seating nis opponent. i ne acts of congress indicated a disposition to furnish a remedy where disqualified electors had been chosen, as when it was provided that a State might select a new elector where one disqualified had been chosen. The State having failed to tike advantage of section 134 of the revised statutes, and having failed to remedy tlie November election, there was a vacancy, and one vote was, he claimed, lost to the State. He referred to the decision ot the judges m the late Khode Island case, to the effect that the ineligibility of one of the candidates worked a vacancy which could le filled by the legislature, and argued that had theoffice not been filled, there would have a vacaucy existed in that State; Florida, like Rhode Island, had ample oppor tunity to correct the error and fill the va cancy, had she chosen to avail herself of it. Mr. Oreen desired to call the attention of the commission to the claim that the letter of Humphreys to Judge Wood, and the reply to the same, were not an act of the court, and that the certificate of the clerk of the circuit court of Florida, received this morning. showed that registration had not been made a matter of record in tlie office ot that court; he discussed the case under the first part of the order of the court to consider only the papers contained in packages opened by the president of the senate, and argued that the formal character of certificate No. 2 entitled it to some consideration by the commission, and contended that the statutes and action of the courts of the State were matters that the coimui ision should inquire into to establish the illegality of certificate No. 1. The commis sion bad before them in the third certificate not 'inly tho certificate of the governor, but the tabulated statement of the precise num ber of votes cut in each county in th - State for the difi'f rent candidates. Ibis certificate had the authority of the executive, judiciary, and legislature, ail speaking in unanimous and united voice upon the question "Which is to be ue itud hf- this tribunal. It might lie said that the third coruueate did not arrive in Washington by the first W ednesday in Janu- r. and was. therefore, too late. He cited authorities to sustain his proposition that tin. clause was directory, not mandatory. Thauiain fitct was, did the electors vote ac cording to tlie constitutional requirements? and the mere transmission of their message to tlie Vice-President was an incidental mat ter, and the time within the prescribed limit was not cf essence of the transaction; the main point was that the votes should V received before the count tuck place. He iaini-d that the list submitted with certificate No, 3 were effectual, and that a delay in the perrorniince of a plain duty did not prevent, the performance of that duty. In conttuswn, Mr. Green contended that the laws passed by thtf legislature of Florida since January first m relation to tlie rucent election were not post facto law within the meaning of the constitution. He gave notice to the other side that under the order of the couit thev should insist that the commission could loot into the proceedings underfliio tran-anto. Mr. Shcllabarger followed on the other side. He said that since he heard of the de cision of the commission to refuse to hear testimony in relation to the quo tcarranto proceedings, he had thought ail discussion of that subject uncalled for. In tlie papers laid before the two houses there was but one al lusion to these proceedings in quo tcarranto, and that was in tlie certificate of Governor Drew. These proceedings were not before the commission, and could not be brought heie by allusion in the governor's message, lie submitted the proposition that all acts in relation to the accomplishment of a certain act must anticipate itself, and on this propo sition every act that followed the electoral vote was excluded. He contended that the power of a State was limited to appoint ment, and no act pertaining to appoint ment could be had alter the appointment had been made and the otlice ruld passea away. Mr. Thurman asked that, supposing the case to be stated, would there be any action looking to an inquiry as to whether any ap-. pointnent was made. Mr. ShellalMirger said that when all thai could be done by the State had been done ac cording to the requirements of the law of the State existing on the day ot the election. the power of the State passed away and it became thereafter a r eaeral trust, lhe pow er of the State was on that day forever end ed. He conceded that it was in the power of the State to try. by her own machinery, the power of her electors, but the scrutiny must be made prior to the discharge oi the func tions of the office. Machinery to contest an election after the office had passed away would be, he said, an absurdity. Mr. Evarts closed the argument for tlie Republican side, lie said the commission has decided that in one particular it will re ceive evidence touching the eligibility of one of the Florida electors, Humphreys. I do understand the commission to have over passed the question as to what the effect is as to the acceptance or rejection of the vote thus challenged lor ineligibility, but to have de cided that, on that point it will receive any evidence which may be offered first, as to whether the excention taken to llutnnhrevs s vote is maintainable; and secondly, whether. if maintainable and is maintained, the methods of the constitution permit of any re jection from the certified vote transmitted and opened. Un that ground, ne went on to ar- true that the evidence in regard to Humphreys holding office fell short of showing that he was in office at the time of the casting of the electoral vote, and that the burden of proving it rested on the side that made the objections. Was it, he asked, to be pretended that under the law there was any power to hold the occupant ot civil omce to tne pertormance oi its dimes a moment beyond his will? The authorities, he said, were clear as to the right ot a citi zen resigning an office even without his resig nation being accepted; all that was necessa ry was to make public the vacation of his office. He then went on to say: "This sub ject, then being rejected from further con- siaerauon, l understand mar. mere is no mat ter left but for the execution bv this commis sion of the duty accorded to it by an act of congress under which it is organized to de termine out of the material of these three certificates what and now many votes are to be counted for the State of llorida." Mr. Evarts said that the first certificates include, with every degree ot certainty and assur- an- e, the vote of the State of Florida, and went on to argue against the second and third certificates. "What," said he, "ore the prodigious claims here that by a lawsuit in a state court a btate s complete vote is to be retrieved and reversed, and that when a judse of a State court has so decided the supreme court of the United States must , i i i ir T 1 un -a make a low ooeisance to mr. juuge wmie and sav: 'That is the end of the law; that is the fiat of the State.' Well, suppose we do succeed in counting a President in, and-sup-pose that a quo tcarranto is started to prove 71 i n . n T . l 1. 1 u 1 J uias tne rresiueni in nis seat siiouiu ue uis lodged because some of the votes counted for him were not cast by de jure electors? Then it is proposed that the decision ot the State court is the 'be-all and end-all' of this inquiry. What sort of a government, what sort ot a Presidency, what sort ot muni ments and protection of regularity and performance of authority under the constitution are provided by a scheme of perpetual four years dependence on a quo tcarranto in the State ot Nevada, or ot ! lor ida? You must never lose sight of the matter that you areto advise what votes, and how many, shall be counted by the two houses; and when you have determined that extraneous evidence snail not invade the regularity of the finished transac tions of a State, you have determined. as by double decision, that it shall not be invaded, disparaged nor exposed to any question by a mere certificate, which is its own agent and author, a volunteer in the disturbance in the counting of votes." Mr. Merrick closed the argument on the Democratic side. He said the burden of proof rested on the other side to show that at the time of casting the electoral vote Mr. Humphreys did not hold office. He argued that until his resignation was accepted by the power that conferred the office, and until that fact appeared in tiie record, he must be held to be still occupying the office. . Representative Hoar put the case of an office-holder being elected to the senate, and asked whether it the officer s resignation ot the office were not accepted, he was thereby to be Kept rrom his seat. Mr. Merrick replied that the fact of his being admitted to his seat in the senate would be a discharge from the office which he held, provided he had prior to that time tendered his resignation. air. Hoar inquired whether the same rule would not apply in the case of an elector as well as in the case of a senator. Mr. Merrick replied that in the case of a senator the disability would be only personal, while in that ot an elector it was impersonal. In other words, the State was positively for bidden to appoint an office-holder as elector. It was a limitation upon the power of the State, and not a personal disability of the man. Representative Abbott You also claim that, even if the acceptance of the resigna tion was not necessary, the resignation itself must be made to the court. Mr.Memck Unquestionably. The resigna tion must be made to the power that gave the appointment. Suppose Humphreys had re signed to the clerk of the court, addressing a private letter to the clerk at Newark, Ohio, would that be sufficient Presiding Judge But if he sent it to the judge, and the judge directed it to be filed? Mr. Merrick If that is done while the court is in session, then it is an act of. the court. Representative Garfield Do vou hold that in case of a long vacation, or in case of the court bring abolished bylaw, or in caseof the death of the judge who gave the appoint ment, this officer could never have resigned ? Mr. Merrick I should have referred that case to one of the returning boards in the south. I hardly know what reply to make. Mr. Garfield I understand your position to be that he could not resign except while tlie court was in session. Mr. Merrick I presume that death, and extinction of office, and the abolition of a government, and the wiping out of a nation make exceptions to all principles of law. Justice Miller ou say that the distinc tion between the man who accepts the office of Senator and the man who accepts the office of elector is that in one -w.se the ob jection goes to th power ot the State, and T . i . '.. .i i. nrii. ii .. in ino otuer it uues nui. rvnaiisuie difference in tlie question of the power of a State? Mr. Merrick In one case the prohibition is that no person shall be a representative or a senator who has not attained a certain age. In the other case, it is that no person shall be appointed elector who holds an office of trust or profit. Wherever there is power given to do an act the donee of the power can only exercise it according to the precise restrictions and and limitation oi tne dona tion. Mr. Merrick then passed on to the Question of rival certificates, and was arguing in favor of the legitimacy of tli second and third certificates the Tilden certificates. ' Senator Thurman Suppose the Tilden electors had not voted at all. would it be competent to show by subsequent State pro ceedings that the Hayes electors who did vote had no title that is the real question t Mr. Merrick Most unouestionablv. Tlie State cannot haye her voice sinjulated, wheth er her real voice is spoken or not. ' It appears Jhat on this occasion the true voice of the State spoken, but if it had not tieen, there could have 1 been more power and vigor in the simu lated tones of her voice to reach tho councils of the Fedeial government than there is when these simulated tones come ringing along with those ot the true sentiment ot her people. The State i not to Ik- deceived, dcfraudi-d and cheated. She might, prior to the time that this electoral vote was cast, havo insti tuted her quo warranto, standing on her own tribunals, clothed with the majesty of her ex ecutive powers and appealing to her judicial authority, and asked these men, "By what warrant do you presume to exercise the power of this State?" And so standing, she could have sti i pped from them the government thev hail stolen; stripped from their shoulders her livery, w'hich they had stolen to serve the devil in. Mr. Merrick then quoted a number of au thorities from the supreme court, showing that tlie uniform tule was for that court to follow the State decisions on the subject of tiie local laws of a State, and comnfeiited on some of Judge lradley"s opinions to that effect. He claimed, in conclusion, that the record of the tuo-tfarranto proceedings was before the commission, if not as evidence, at lfast as showing the law of The "State of Florida, and that it informed the commission that according to the law of Florida the Hayes electors were not appointed, and that the Tilden electors were. The commission adjourned till ten o'clock to-morrow. Opinions of the Stew York Press. New York, February 8. The decision of the electoral commission in the case of Flori da is the subject of the leader to-day in the several journals. From the-.Tribune: "The decision is a great victory for the friends of Governor Hayes, masked, however, in such a way that the Democrats begin to regard it as not quite a crushing defeat of Tilden. It has still to be decided which of the three sets of papers con tains the electoral vote of Florida, but there cannot be much difference of opinion as to what tlie decision will be. The first of the three has all the conditions of regularity, with the contest narrowed to lines marked out by this decision. All tlie most elaborate prepar ations of the Democracy come to naught. The testimony which D. D. Field has been trying to smuggle into the courtroom falls to the ground. The bullying of witnesses has been in vain. Littlefield and Maddox lied for nothing. Governor Wells ceases to be an object of interest, and Tilden's attorney from the seventh district of New York exhibits himself to mankind as the noisiest and most conspicuous failure of the forty-fourth con gress, for, of course, all attempts to impeach the vote of Louisiana now are useless. The regularity of the Hayes certificates from that State is manifest; indeed, is not seriously dis puted. There is no reason to suppose that the commission will take any other view of the extraordinary performance of the Oregon Democratic electoral college of one, than has been taken by all people of impartiality and common sense. ' ' From the Times: "The only thing which remains for the commission to decide is which certificate contained the votes of those elect ors whom the State of Florida appointed, and on the face of the contents of the certifi cates there is hardly room for any doubt as to what the decision vill be. The decision of the commission to consider the eligibility of Humphreys does not seem of any essential importance in the Florida case. Of its force as a precedent it is too soon to judge." rrom the Herald: "in the immediate eagerness to know the practical consequence of any decision in this case, opinions of tlie consequences are reached by very hasty pro cesses, and opinions of this sort alreacly con template this judgment as a point gained for the Republican candidate, and consequently to the discouragement of the Democrats. It is not certain. that the decision given, viewed in an im possujie applications, win oe advan tageous to Hayes. trom the Sun: Ihe evidence to be con- ldered wacbaeseribed by Mr. Ferry in trans mitting it; as documents purporting to be electoral certificates. Objections were made thereto in the joint session, and the accompa nying papers, the proceedings ot the canvass ing board, cannot be inquired into. From the World: "Whatever the result may be in the Florida case, the public will hardly adopt the conclusion that the com mission is incapacitated from considering tacts and testimony taken by the convention of the two houses, or that it is shut off from tlie methods of inquiry practiced on all former occasions. When any inquiry is necessary to such a degree that it can avail itself of no information except such as may be filtered through the president of the senate, nothing can be clearer than that it is the duty ot the commission to hnd out, not who has got cer tificates, but who was duly appointed. Nor can it be disguised that the rumor that the judges of tlie supreme court, on this occa sion, have divided according to party con nections, has awakened some surprise al most distrust in the public mind." ENGLAND. Opening of Parliament by Her Majesty In Person Magnificent Procession and Brilliant Assemblage. Full Text of the Speech from the Throne Keview of the Eastern Question and Condition of the Empire. LoNDOsr. February 7. The session of the British parliament for 1877 wa.3 onened bv her majesty the Queen, in person to day. The weather was fair and mild. Her majesty left Buckingham palace shortly after one o'clock, in the royal state carriage, attended by a brilliant suite. The royal escort was composed of a detachment of household troops. Her majesty alighted at the peers' entrance to the parliament building, where she was received by the deputy lord great chamberlain, Lord Avenel and the great offi cers of state, and conducted into the house. The Prince and Princess of Wales were pres ent, and there was a brilliant assemblage of ladies, and all foreign ministers, and the Ja panese and Chinese embassies also. Ihe present Earl of Beaconsfield carried the sword of state before the Queen. The Marquis of Salisbury was not present. After her majesty had taken ber place' on the throne, the lord high chancellor read the royal speech, as fol lows : THE 8PEKCH. Mv Lords and Gentlemen With much satisfaction I again resort to the advice and assistance of my parliament. Hostilities which before the close of the last session of parlia ment had broken out between Turkey on the one hand, and Servia and Montenegro on the other, engaged my most serious attention. I anxiously waited for the opportunity when my good offices, together with those of my allies, might be usefully interposed. This opportunity presented itself by the solicita tion of Servia for our mediation, an offer which was ultimately entertained by the Porte. In tlie course of these negotiations, I deemed it expedient to lay down and, in concert with other powers, submit to the Porte a certain basis, upon which I held that not only peace might be brought about with the principalities, but that a permanent pacification of the disturbed provinces, including Bulgaria, and ameliora tion of their condition might be affected. As agreed to by the powers, they were required to be expounded and worked out by negotia tion or by a conference, accompanied by an j armistice. 1 he Porte, though not accepting the basis and proposing other terms, was willing to submit them to the equitable con sideration of the powers. Whde proceeding this mediation, I thought it right, after inquiry into the facts, to denounce to the 1 orte the excesses claimed to have been con- mitted in Bulgaria, and express my reproba tion of their perpetrators. An armistice being arranged, a conference met at Constan tinople for the consideration of extended terms in accordance with the originnl basis, in which conference I was represented by a necial envoy, as well as bv mv andiaiidor to Turkey. J n taking these steps, my object has been to maintain throughout the peace of Europe, and bring about a better covernmont of the disturbed provinces, without infringing upon the integrity of the Ottoman empire. The proposals iwonimended by myself and allies have not, 1 regret to say, been ac cepted by the Porte, but the result of lie conference has been to show the was s eautiful FOR WEDDING PRESENTS, JUST RECEIVED, AT YRB'S, 275 MAIM STREET. existence of a general agreement among the powers, which cannot tail to have an ef fect on the condition and government of Turkey. Meantime the armistice between Turkey and the principalities has leen pro longed, and is still unexpired, and may, I trust, lead to a conclusion of honorable peace. In these affairs, I have acted in cordial co operation with my allies, with whom, as with other foreign powers, my relations continue to be of a friendly character. The papers on these subjects will be forthwith laid before you. My assumption of the imperial title at Delhi was welcomed by chiefs and people of India w ith profes sions of aff ection and loyalty most grateful to my feelings. It is with deep regret I have to announce a calamity in that part of my dominions, which will demand most earnest watchfulness on the part of my gov ernment there. A famine not less serious than that of 1873 has overspread a large por- rtion of the presidencies of Madras and Bom bay. 1 am confident every resource will be employed not only in the arrest of this pres ent famine, but in obtaining fresh experience tor the prevention or mitigation ot such visi tations for the future. The prosperity and progress of 'my colonial empire remain un checked, although the proceedings of the governmentof the Trans-Vaid republic, ard the hostilities in which it has been engaged with the neighboring tnbes, have caused some apprehensions of tlie safety of my sub jects in South Africa. I trust, however, that tlie measures which 1 have taken will suthce to prevent any serious evils. Gentle men of the house of commons, I have directed estimates this year to be irepared and presented to you without delay, ly lords and gentlemen, bills iclating to the universities of Oxford and Cambridge, and for amending the law as to bankruptcy and letters patent for inventions, will be laid be fore you. You will be asked to create one court of judicature in Ireland, and to confer an equitable jurisdiction on the county courts of that country. 1 commend to you these and other measures which may be submitted tor your consideration, and trust that the blessings of the Almighty will attend your labors and dirpct vour efforts. jiAitniEi). GDDKINS -GUTHRIE On the night of the 2d Inst, Mr. J. V. Gudkiks, of this city, and Mrs. Mart E. GCTHiiiE, of Corinth, Miss. No cards. DIED. HAMPE On the Sth inxt.. at two o'clock a.m. Josephine Anna, wife of Henr G. Hampe. Funeral will take place this afternoon at three o'clock, from residence. No. 19 Jefferson street. Services by Eev. Mr. H. Sleek. BALL At fl o'clock p.m., Thursday, Sth Inst., of water on the bruin, Josepuine, youngest daughter of m. jr. ana . J. ami, agea six monms. Funeral will take place from the European Hotel at 3 o'clock this (FRIDAY) afternoon. II mk4ii ic Xotice. A STATED communication of South Mem- X.phls Lodge. No. 118. this (FRIDAY), evening, February Stth, at 7 o'clock, for dis patch of business. All M. M.'s fraternally 1I1VIHH1. By onler V. M. NELSON, W. M. Ben K. Pullen, Secretary. Extra. 'riday Evening;. O'eloek. FIKST-CIiASS MUSIC TTUHNISHED for Balls or Parties four or five J ' pieces. Send orders or apply to steamer Phil Allln. ALF. WHITE, Director. DISSOLUTION. THE firm of Duke & Poindexter Is this day dis solved, B. F. Duke having purchased the entire Interest of C. C. Poindexter In said firm, assuming an uauuiues, ana is atone aotnonzea to use tne arm name In settlements. B. F. DUKE, C. C. POINDEXTER. Masos's, Tenn., February 1, 1877. Public Lunch Rooms. THE Managers of the Church Home will open their Lunch Rooms, at So. 2)9 Main Street, next to the Peabody hotel, on SATURDAY mornlne. February 10th, and will supply eatables to the public uunng tne carnival lesiivmes. . rew OLIVER, FINNIE& CO WHOLESALE GROCERS, Memphis, : : : : Tennessee 20O Hogsheads Muear. all kinds. XM Uirrrlx Ai. 1'. Mefined Maarar. SOO Has Kio Coffee. lOO Basil Old Government Java Coflee. aw Tierces nam. 50 Boies Breakfast Baeon. lOOO Markets Fairbanks Lard. SO Half-barrels Fairbanks Lard, SO Tierces Fail-bank's Lard, lOO Cases 3, 6and lO-ponnd Tin Lard. lOO Barrels Louisiana Hire. 545 Tierces Mouth Carolina Blee. ISO Barrels .lliiwouri Cider. Ha gross Bix.by's Best Blacking. Oliver, Finnie & Co. Trustee's Sal p. BY virtue of two trust deeds executed to me by John McDowell, one on the 17th day of Feb ruary. 187ft. and recorded In Book No. 5, pages 4X3 to 4'.W, of tho records for deeds In Fayette county, Tennessee, the other ot date August i, l7tf , and of record In Record Book No. six ttli, pages 10 to 13, of me recorus oi r ayeiie county, i ennessee, at me re quest of the beneficiaries In said deeds of trust, and for the payment of the debts therein named, I will sell at public auction, to the highest bidder, on f riday. the 16th Bay or March, 1877, in the town Lafayette (Rossvllle), in the county of layette and State of Tennessee, within legal hours. the following described real estate and personal property, tc-wlt: A certain tract or nan-el of land. situate, lying and being in the county of Fayette and State of Teunessee, as follows: All of section six (fti. In township 1. range three (3) west of the basis meridian: also, tlie noitheast Quarter of section eight (Si, In township 1 , range 3 west; also, one-half or the southeast quarter of section eight (Hi, town ship l.tange 3 west, the same being bounded as fol lows, to-wlt: Beginning at the northeast quarter of said quarter section, running thence due east lftO poles to the eastern boundary line of said section; thence with said boundary line south 50 Doles to a stake with blackoak pointers: thence west eighty (SO) poles to a stake In the field; thence south HO poles; thence west KO poles to Jones Marshall's Una: thence north with said line 1 10 poles to the begin ning. Also. lot No. 1. belonchu; to section No. Ave (ni. the same belnir a fraction attached and adjoining section 5, In township 1, range 3 west, containing 1n:iLa acres, all situated near Lafavette. In FurortA county, Tennessee. Also, the following tract of land, In Fayette county, Tennessee, described as follows: Fifty-three acres of land, lying on the Memphis and Charleston railroad, bounded oa the south bv II. II. Hollls's tract, on th tne east Dy Aioert Kevins s trict.on tne north by the Memphis and Charleston railroad, and on the west by Harris Davis's tract, containing S3 acres. Also, the following personal property, to-wlt: Ten head ol mules, four wagons, one hundred and seventy-five barrels of com. Terms of Sale Cash, and the equity of redemp tion waived in the trust deed. The title Is bello-; to be perfect, but I sell and convey as t.-"" onlv ft D- E- ilTERsTTte.' t t AShlgnee'H Sale. Bin the matter of Barbour Simpson, Bankrupts. Y virtue of the authority vested In me as As signee of said bankrupts' estate. I will sell, at public ai"-Jcji. ua Monday. February IS. 1N77. at 10 o'clock of said day. at McCloy Bro 's Auction store. No. 201 Main street, Memphis. Tenn., lha books, accounts, notes and real estate belonging to the said firm's estate, to-wlt ; Lots Kos. &, tiw, riO and 01, In W. B, FUppta's subdivision, Shelby county. Ten a. Also, the S U and E la of the SW 14 of section 13, township ft, N of range H east, containing 240 acres, more or less, situated In Scott county, Missis sippi. Tlie schedules and other evtdenora of prop erty can be seen iu my oftm, No. 2M I Main street. A deposit of IO per cent, will t-e required at time of sale. suj A. WOOLDRIDGE, Assignee. Sterling Eilfor mm THIS WEEK, B. LowGnstem We beg to announce that we shall this week offer a most attractive line of BTiAOB: 1T33 colohed GROSS BRIGHT COLORED SATINS, BLACK AND COLORED VELVETS, And an extensive variety ot other trooI suited to the requirements of the 0 AM Kllf All AT KXTKEZilKIiV LOW PKICF.M. Xovel and beautiful deignx in Real Point, Point Applique aud Valencieiine Iace. LadieN' Milk and JLare Scarf. Mashes. Bonn and Tien. F.leaant linen of . 4 mid A-Itat-ton Kid Gloves, in Opera Mhades. Theatrical and Opera Ilute, Fancy Mtripcd and Milk Embroidered Hose, at attractively low prices. We would eall special attention to oar exuuiMite line of AZE DAHAMMK VAC'OXXK, in new and beautiful tints the uiowt rharni ins overdress material in the world for evenlne wear. We are offer ing them at temptingly low llsjurew. B. LOWEI 248, 244 and g4C Main St., Cor. Jeflei'son. WHEELER, PICKENS & OOo WOOD WILLOW WARE IMPORTERS German Baskets. WHOLESALE DEPARTMENT, O Q 3 IVTEtii-i. GRAHAEV1 k PROUDFIT, SUCCESSORS TO WHITE, LANGSTAFF 4 CO. HARDWARE, mach:ontery, Avery's Plows and Implements. Agent 8 for .Fairbanks' Scales. Hlranb'N 3! I II. Kagie Cotton Ulna, Knbber Belttnir, ete ete No. 319 Main Street (Bice, Stix & Co.'s old i-tand), Memphis, Tennessee. I-Mr. A. D. LANGSTAFF will give tha business his personal attention. D. T. POSTER. W. F. PORTER. TAYLl Wholesale Grocers, Cotton 300 FRONT ST., Met. Agents for the Celebrated Cheek Cotton Press. R. L. COCHRAN. R. L COC (Successors to M. E. 4 J. W. LUMBER, LATH, SHTMLSS, 1 Doors, Sash, Blinds, and all Office and Yard at foot Salesroom No. 4 Howard Row. Always have on hand a choice lot of Flooring, Celling, Lumber, Bough and Dressed Plcknts, Ccliir Posts, Laths, Shingles, Door and Window Frames, Moldings, Etc ENCOURAGE HOME ENTERPRISE ! W. A. WILLIAMS. WILL1A! Lumber AND MANUFACTURERS, MILLS, NORTH FRONT STREET. MEMPHIS, TIEDSnST. PACKING BOXES of AM IINI on AT & Eros. BA N AHD FAILLE SILKS STEM & BROS,, TOYS, MASKS, HOBBY HORSES, CHILDREN'S WAGONS, CARTS, Etc, DEPARTMENT, TAYLOR. U. W. McRAE. CO., Factors, Madison anel Monroe. SAM'L A. JIATCHEK. COCHBAN), Manufacturers r 1 kinds of Packing lioxe?. t of Washington Street. Saw Mill in N'aTj Yard. Siriln?. Tjiltlra. Framlnir. Venn Rnri Dressed B. K. PLAIN Dealers OR & ttRAN k CO IS & CO SALESROOM AND YARD, CORNER UAYOSO ANJ SECOND STREETS, HAN. err 7J'