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THE WEEKLY HERALD.
R. E. FISK, - - - - Editor. THIBSDAV, IflAY 15, 1873. J VB II, AVION. Helena is in the enjoyment.of one of her extra jubilant moods, for which, of late, as in former times, no other city of her numbers can equal. The cause of this excellent feel ing is the railroad bill enacted for the relief, the building up, the peopling and develop ment of the Territory. Last evening, upon the appearance of the Herald containing the glad tidings from the Capital, everybody seemed disposed to enter with a good relish into the common rejoicing. The few chronic growlers and grumblers, even, took kindly to the special Herald dispatch chronicling the prompt passage of the Railroad bill over the Governor's veto. The people generally shook hands all around; many of them shouted their satisfaction in no moderate tones ; the flairs went up throughout the city; the Helena Silver Cornet Band discoursed several of their most lively airs on Upper and Lower Main street and gathered enthusiastic crowds. The great mass of our citizens were fervidly thankful to the Legislature for enacting the railroad measure into a law, permitting the people to vote on the proposition of a North and South connection, notwithstanding the objections of the Gov. The present feeling, we are confident, will abide with the masses, and their voices will be heard to some pur pose in endorsement of the railroad enterprise at the polls in August next. The Legislative delegation from this county and their co workers, in realizing the railroad enactment, have done nobly, and their reward will be commensurate with their labors and their splendidly achieved tasks. The series of letters written for the Her ald from the Capital during the recent Leg islative session have brought our special cor respondent very close to the hearts of the ppople. The promptitude and thoroughness with whcli he has taken up and discussed all matters of moment before the Assembly, have given him a reputation as a newspaper reporter second in popularity to no gentleman who has figured in that capacity in this Ter ritory. The Herald, always in the yan of its cotemporaries, was the only journal to depute and retain a correspondent at the Cap ital during the importaut session now brought to so auspicious a close. Our representative in his letters, has well and ably reflected the sen timents of this paper, and his effective hand ling of the railroad question, as the most im portant considered and disposed of by the Assembly, contributed not immaterially to the glorious victory won by the friends of the North and South enterprise. He has served the Herald and stood by the interests of the people with unswerving fidelity, and he will return to his home conscious of having done his full duty and greatly aided in some of the wisest and most beneficial legislation ever secured to Montana. We regret to learn, as we do by the Gazette of this morning, that "Mr. Chase was the last of the great men of this Union." This being the case, our cotcmporary avows a mel ancholly feeling, the like of which it has not experienced "since the death of Jackson. It fears that the Supreme Court will go into a decline, and draws a gloomy picture of the situation in which the "hopeful friends of the perpetuity of the Constitution of the United States" are placed. We incline to a more cheerfull view of affairs than this, and shall hold steadfastly to the faith that the country has some great* - men left ; that the Supreme Court won't go to the dogs right away; and that the "perpetuity of the Con stitution of the United States," which sur vived the "perilous times cotemporaneous with the acquisition of Texas," will be up held long after the ancient mariner of the Gazette is lost to the world in the ocean qf eternity. _ The Ohio Republican Convention meets on the 21st of May. It is generally conceded that Governor Noyes will be renominated, with the understanding that he shall be sent to the United States Senate in place of Sena tor Thurman, and in consequence there is said to be considerable rivalry for the Lieut. Governorship. Among the candidates men tioned are State Senators Brinsmade, Al plionso Hart, and Speaker Van Voorhees. To to we the The President adhered to the civil service rules in the Department of Justice, as the following will show : Of 22 United States Marshals commissioned there were but four new appointments. Of the 14 United State» District Attorney» appointed only six were new' appointments, most of whom took places made vacant by resignation; and of nine Territorial Judges there were but one or two changes. _ The first of a series of three Fashion Let ters, in monthly parts, from the celebrated authoress, Shirley Dar e—epeciaUy written for the Herald— will be published in our Satur day's issue, May 10th. It will interest and delight all of our lady readers, in whose be half is made this special venture in fashion literature. The Commissioner of Internal Revenue recently decided that two separate tobacco factories cannot occupy the same premises at one time, sùéh a thing oling entirely incom patible with the requirements,pf the revenue law governing the manufacture and sale of tobacco. 6th the in in the A of on it in of of SAI.OTOX POBTLANCE CHASE. Whatever may be the diversity of opinion as to some of the later acts of his life, every American citizen will instinctively join in sorrow at the nation's loss, just anhounced by telegraph, of Chief Justice Chase. Born in Cornish, N. H., January' 13, 1808, he had not completed the alloted three-score and ten and yet, judged by the correct standard, "that he lives longest who best accomplishes life' great' ends," Salmon P. Chase has left record that will perpetuate his fume as one of the wisest, purest and best of American statesmen. Mr. Chase was in the best sense of the term a self-made man. Losing his father -when only 9 years of age, he pursued his studies under his uncle, Bishop Chase, of Ohio, returning to end his studies at Dart mouth college, in his native State, in 1820. After graduating from college, lie entered upon the duties of a teacher in the city of Washington, at the same time pursuing the study of the law under the direction of Win. Wirt. In 1830 he entered upon the practice of his profession in Cincinnati, and struggled hard and long and faithfully to win business and reputation. The strong, enduring traits of character brought from the granite hills perseverance, industry and integrity—soon won for him a reputation which ripened into fame that no country's boundaries could circumscribe, and that designates him as worthy successor of Chief Justice Marshall. As early as 1837 Mr. Chase acted as counsel for a colored woman claimed as a fugitive slave, and in the same year, before the Su preme Court of Ohio, argued the case of James G. Birney, prosecuted for harboring a slave. These cases indicate the turn of his sentiments and convictions thus early, and gave direction to his subsequent political career, which, through years of disheartening opposition aud obloquy, and apparent hope lessness, he steadily pursued until he saw those despised aud rejected principles of human freedom triumphant everywhere, and become the passports of honor, station and emolument, as well as to an eternity of fame. We have no space to speak of the valuable and honorable services of Judge Chase as Senator in Congress, dating his election from February 22d, 1849, when he was foremost in the advocacy of all those measures which have become since the accepted principles of the nation—among others, Free Homesteads and a Pacific Railroad. Nor of his two terms of service as Governor of Ohio, fror . 1850 to 18G0. Nor of his administration of the finances of the nation during the most critical period of our national existence, when the nation's expenses were millions a day. Never was a question raised as . his perfect integrity, even by his most bitter enemies. No doubt the severe labors and anxieties of his position at the head of the finances of the nation at such a period, ex hausted and impaired his strength, so that he has never been the same man as in the days is vigor. We can easily pardon the am bition that he entertained in later years to reach the Presidency. If it temporarily dis torted his clear vision and warped his judg ment, let us remember that however great and wise and pure, he was still human, and not forget to honor the bright and proud and nobleypareer of the grand total of his life. To be worthy to be President is better than to have attained it oftentimes, and certainly, we think, in this case, it could have added little to the enduring fame of Judge Chase at the time and by the means he sought to at tain it. Peace to his ashes and honor to his name. J % .VIES LAWBENCE ORR. Our dispatches yesterday chronicled the death of United States Minister Orr, which transpired at St. Petersburg, Russia, on the 6th inst. Inflamation of the lungs, superin duced by a severe cold, is briefly stated as the cause of his sudden and unexpected death. James L. Orr, a native of South Carolina, was .born May 12, 1822. Educated at the the University of Virginia, he graduated from that institution in 1842. Entering im mediately upon the study of law, he was ad mitted to practice the following } r ear, and in 1844 was elected to the State Legislature, in which capacity he served his constituents two terms. Between 1845 and 1848 he de voted himself principally to his profession, and in the latter year he was elected from the Pendleton district to Congress. From that time down to the close of the 35th Con gress, March 4, 1859, he w r as regularly re elected from his district without opposition. A member of the South Carolina Convention of 1851, called to consider the propriety of withdrawing that State from the Union in consequence of alleged aggressions in Con gress, he was one of the minority leaders who opposed secession on the ground of in expediency and impolicy. The resolution against separate action by South Carolina, on which the minority report was based, and which subsequently became tire creed of the co-operation, as distinguished from the se cession party, was introduced by him ; and it was in a great measure owing to his efforts that the ordinance of secession failed of the two-thirds vote necessary to its passage. In the 33d Congress lie was appointed chairman #f the Committee on Indian Af fairs, and made an elaborate report on the proper meat» of rivllratog the Indian«, which in the case of some of the bribes was'ad opted with considérable success. In the 35th Con gress he received the nomination for Speaker of the House, and was elected on the first ballot. He discharged the duties of the office with ability, and during his occupancy of the Speaker's chair his decisions were never overruled. After his retirement from it to a of his to of to or and not of his the thé the Congress he modified his belief in the efficacy of the Democratic party—to which he had previously been politically allied—to save the Union or even itself, and during the Presi dential canvass of 18(50, he expressed him self in favor of a confederacy of Southern States, although still opposed to the separate secession of South Carolina from the Union. At the outbreak of the rebellion he fully sympathized with the action of his State, and followed the fortunes of South Carolina through the war. At the close of the rebel lion, he was among the first to accept the re sults thereof, and to counsel the prompt con currence of his people therein. With not a particle of confidence remaining in the hon esty or consistency of the Democratic party, he declared it impossible for Southern men to longer affiliate w ith that party, and he led a host of true men away from that decaying political organization to the Republican standard, and helped along in a thousand effective ways the Congressional measures for the reconstruction of the South. Mr. Orr was only recently appointed by the President to succeed Mr. Curtin as Min ister to St. Petersburg, and be had scarcely arrived and entered upon the duties of his office ere the sad new r s of his death is flashed across the ocean and over the land to his soi rowing countrymen. Letter from the Capital. [from our regular correspondent.J Virginia City, May 0, 1873. For the past tw r o days the attention of both Houses has been devotedto the consideration of C. B. No. 63, w hich has passed both bodies of ihe Legislative Assembly, and goes to the Governor this evening for his approval or veto. The discussion of this bill in the House was not protracted, as each member bad de termined what his position on the question would be. The bill w'as reported back from the Special Committee with amendments, which w'ere considered and adopted by the House. Last evening the Council concurred in the amendments, and it was thought that it W'oulcl be enrolled and put in the Governor's hands last evening, but all persuasion, pecuni ary and otherwise, had no effect upon the Enrolling Clerk of the Council, and the bill went over till to-day to be enrolled by its friends, and thus is delayed in its progress. We trust that in the future sessions of the Council, the members of that body will select for their enrolling clerks gentlemen whose conduct and inattention to business wifi not jeoperdize the most important measures in which the people's interests are involved. After the concurrence of the Council in the House amendments, the Council adjourned, the friends of the bill " turned themselves loose," and in the most approved manner celebrated the result and the success of the people's measure. We could fire no cannon, for they were in the custody of the Governor; we had no band to charm with sweet sounds, but none of these artificial aids were needed to "enthuse the boys," for the realization that for our Territory the day of jubilee had come made every voice a melody, and every breast a fount of joy and gladness. Those who were formerly our opponents, had, when the fight commenced, joined the righteous side, and had done good and faithful service. They were foremost in the rejoicing, as also were those who were well disposed toward ft, but had voted against the bill from a mistaken sense of duty. The rejoicing w'as kept up until a late hour, and few' in the entire city of Virginia last evening but felt a deep sensation of relief and pleasure over the result of ac tion on this bill. It is estimated that the Governor will veto not only this bill, but the general incorpora tion act, and bets are being made to that effect, but it seems so improbable that it is unpleasant to think of it. Judge Service opened Court on Monday in the court room, and, with a courtesy and consideration which does him credit and en titles him to the thanks of the people, he ad journs at noon each day and gives the use of his court room to the Council in the after noon. The Penitentiary bill passed both Houses, and goes to the Governer to-day, w ho will no doubt send in his- appointments under its re quirements to be confirmed by the Council. The Capital bill, introduced by Fisher, in order, it is said, to create a diversion in rail road matters, was tabled last night. The published letter of Col. Woolfolkcame to hand this morning, and was laid on the desks of the members of the House, and I expected to see business suspended in order that the Legislator» might study the science of rail roading from a Lafayette County authority, and to gloat oyer the time W'hen the " star of Helena would Wane," but to my surprise, they promptly entered upon the usual order or business. I regret you considered my poor attempt at sarcasm to be sober earneet, and treated it as such, for the letter of the Colonel to the Governor w r as looked upon and treated as & joke, and many who were not acquainted with the gentlemanly instincts of the Colonel thought he was "joshing" his Excellency, and the result was the rail road bill passed both houses by oyer a two thirds majority. L. C. Virginia City, May 7tli, 1873, To-day has been the most exciting cue of the seMion. Last Bighty after much difficulty, thé Subscription bill was put in the hand» of the Governor. The Incorporation bill had been placed in bis hands the day before. This morning the Governor returned the In corporation bill with his objections, and the w cil to of in of the ley, and the in ject the objections were made the special order for two o'clock. About 11 o'clock the House ad journed until 2 p. in., and from that time until 2 o'clock the streets were filled with anxious and excited men, discussing the veto, and the attitude of the different members upon the question of passing the bill over said veto. Then Deer Lodge turned loose, and there came pouring in from Mills and his clan a flood of telegrams, dictating not only to the Deer Lodge delegation, but to the Jefferson and other delegates, imploring them to stand firm and sustain Deer Lodge's Governor. The friends of railroads were fearful that some one w'ould be found simple enough to heed these dictatorial telegrams and go over to the eHcniy, and apprehension was rife in the streets. The hours w'ore slowly ou, and at two p. m. the Speaker rapped t'«e House to order, and the objections ot the Governor came up for consideration. It may be proper to say that the objections of the Governor were partial, narrow-minded and untenable. They were characterized by a spirit of unfairness, of hostility to the pro posed North and South road, and a passionate devotion to and affection for the North Pa cific Rail Road. Sanders opened the discussion, and in a speech of some twenty minutes completely demolished the objections that it was hoped would terrify the members and defeat the bill. He produced authority ranging from the first discussion of railroad grants to the present time; read the judicial decisions of the most eminent legal tribunal t of the land, all supporting directly or indirectly the right of a Legislative Assembly to legislate as they had done, and entirely refuting the au thorities in the "objections." The speech was a complete vindication of the right to pass such a bill by every consideration known to the land, and of the people to exist, which the Governor seemed inclined to deny to them. Coleman next spoke in support of the bill iiLSome forcible and effective arguments. Mead plead for harmony, and the right to legislate; whereupon the question was called: Shall the bill pass notwithstanding the ob jections of the Governor, w'ith the following result : For its passage:—Aiken, Alger, Carmichael Chessman, Coleman, Dean, Dusold, Emer son, Ezekiel, Hartwell, Harrington, Heldt, Kennedy, Mallory, Mead, McCauley, O'Keefe, Sanders, Stafford, Sutton, and Tate. Against its passage:—Curtis, Kerley, and Air. Speaker. The Speaker announced the bill as passed, notwithstanding the objections of the Gov ernor, amid the loud and enthusiastic ap plause of the members and audience. Just as the result of the vote on this bill w T as announced, the Chief Clerk of the Coun cil appeared at the Bar of the House, and re ported that that body has just passed the Sub scription bill over the Governor's veto by 9 to 3. This announcement caused a fresh burst of applause, and added to the enthusi asm of all in the hall. The room w as now crowded, and the entire proceedings w'ere characterized by a feverish nervousness that indicated great and suppressed excitement. Ezekiel moved to take up C. B. No. 63 and the objections of the Governor, which w'as carried, and the veto read. I can best express its character by using the words of a member: "It is an insult to every member of the Legislature." The Governor impuugned the motives of the members voting for its passage,—censured the conduct of the lobby in favor of the bill,—belittled the importance of a North and South Railroad, and mag nified the blessings to be derived from the North Pacific. But I cannot waste words over this remarkable sermon of the Execu tive. Those who think it contains any infor mation can procure a copy by application to the Governor of the N. P. Coleman, Ezekiel, Dusold, Harrington, and other members made short but able and elo quent speeches in favor of the bill, but dis cussion was not much in order, as the mem bers had made up their minds w'hat they would do. Coleman and Dusold made the star speeches on this occasion, and Dusold especially distinguished himself. The vote stood as follows : Yeas. —Aikin, Alger, Brown, Carmichael, Chessman, Coleman, Dean, Dusold, Ezekiel, Hartwell, Harrington, Heldt, Kennedy, Ker ley, Mead, McCauley, O'Keefe, Sanders and Stafford—19. Naye.— Curtis, Emerson, Mallory, Sutton, Tate and the Speaker—6. The Speaker announced the bill a law, notwithstanding the objections of the Gover nor; and the cheers and applause of the crowded hall drowned the announcement, and the excitement and confusion was so great that the House was compelled to ad journ. The assembly formed out into the street, spreading the glad tidings that the Voice of the people had been heeded and their rights preserved. The lateness of the hour prevents extended notice of the proceedings in the Council re garding these bills, and I close this to join in the rejoicing. l C. Virkinia City, May 8, 4873. The proceedings of to-day hare been not only devoid of interest, but have been char acterized by a languor and listlessness marked in the history of legislatien. It was a dem onstration of the fact that the railroad sub ject was not only the important question of the session, but was the "responsibility" resting upon each and every member, and when that was finally disposed of, they felt a sense of relief and a thorough realization to by the the ner has day to of that their great work of the session w as do,, and well done. Both Houses met and adjourned from hos to hour, neglecting, how ever, none of th business that came before either body. One b) one, ns the members found opportunity, tlu v quietly gathered up the loose stationary and "silently stole away." It was intended to adjourn this morning, but the untimely de parture of a member, leaving his desk drawer unlocked, was the cause of a deluge of busi ness. A member, in eager pursuit of station ary and postage stamps, examined this desk and found a large number of Council bills referred for report. These were brought forth and acted upon, which delayed adjourn ment. The subject of conversation is the railroad victoiy, and the beneficial results of the ac tion of the Legislature are already percepti ble in the renewed confidence and energy of the citizens, and the impetus given to busi. ness. Every one w'c converse w ith express strong convictions that Montana will now he a country worth living in, and that they now intend to make homes for themselves in the valleys of our Territory. It is really won derful to see the change that lias come over the working people in this section. Where a few' days ago dcspdhdent, discouraged, and disheartened men were standing around the streets, watching the progress of railroad legislation with anxious hearts and fore boding, now' are these same men buoyant ami full of hope, feeling in their hearts that they will not be compelled to leave this country to find opportunities to earn their bread and se cure homes in which to rear their loved ones. In the letter of your correspondent the name of Judge Garrigan w'as printed " Gal lagher." I do not believe that fame consists in the correct spelling of names in the daily papers; but Judge Garrigan has, ly his ac tion on the railroad question, merited much praise, and this correction is but mere justice to that gentleman. The citizens give a farewell party to the festive members of the Legislature this even ing, and those intending to leave for home this afternoon have reconsidered their inten tion. As the mail leaves before the session w'ill close, I will harrass you with the dying scene in my next. L. C. A full text of the railroad bill, as it passed the Council, was given to the public by the Herald early in the w r eek. It was subse quently amended when it came before the House, and W'as then returned to the Council where the amendments were concurred in. These amendments relate to that portion of the bill concerning the time of completion of the railroad, and the matter of the submis sion of the subscription proposition to the people in a certain contingency for a second vote. For instance, that clause of the bill W'hieh only called for tbe completion of tli ( > road to the Territorial line in two and oue lialf years, requires in the amendment the completion of the road to Helena in the same period. The other amendment provides that the second election, in case of the failure of any one of the counties to vote aye on the subscription proposition to be submitted the August election, shall transpire within forty days thereafter. These amendments, we believe, overcome the principal, if not the only, objections of the few' who felt dis posed to array themselves against the bill, and opposition to the measure will now be substantially if not altogether at an end. During his brief visit to this city, Lieut. Governor Pacheco, of California, w r as made the recipient of numerous courtesies by our people, w'ith whom he became a popular favorite. Every day for the fortnight he re mained with us he received testimonials of the esteem and hearty good will of Montan ians. Last evening a large number of promi nent citizens, including bankers, merchants, lawyers, miners, newspaper men, and others, called on the Governor at the International to pay their respects and bid him adieu. One and all w'ere cordially received and magnifi cently entertained by the distinguished vis itor, W'ho generously aud ' graciously dis pensed his hospitality in the manner anil after the custom which obtain in his native State. At 10 o'clock the Helena Siver Cornet Band, with their thirteen splendid, new' in struments, appeared in front of the hotel, and assisted in the honors paid the Governor by a delightful serenade. The members of the baud w'ere afterward summoned by the Governor to his parlors, where they were wined and smoked, and with the citizens present, treated to a neat and appropriate little speech, acknowledging the compliment paid him by the good people of- Helena, anil the kind thoughts which their many courte sies and attentions had enabled him to store away in his heart and carry back with him to California. Governor Pacheco continued to receive visitors until past 11 o'clock, at which hour a few personal friends remained to bid him good bye, and invite his return at a future day. The Governor departed for San Fran cisco this morning. The attending physicians of Senator Sum ner are hopeful of his entire recovery. IK' has gained some of Ms former strength, anil scrupulously obeys the udvice of his physi cians. The Legislature adjourned eine die Thurs day evening, and the members are hastening to their homes. The Lewis and Clarke dele gation will reach Helena by Saturday * coach. A monument to Colonel Ellsworth i* dw traded for. It will cost $3,000 and will bf of Quincy granite.