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m fi w*. N il a ■* 7 M 1 m a *0 y m m -u w Wt » iTH Sc Volume xi. Helena, Montana, Thursday, December 14, 1876. THE WEEKLY HERALD PUBLISHED EVERY THURSDAY MORNIKO. FISK BROS,, - - Publishers. TERMS OF SUBSCRIPTION. terms for the dairy herald. • j . r- ('.e'.iverpo by carrier) per month, |3 00 BY' MAIL. on-month.......................... 3 00 (iix-'f'iiv Ihm* months ........................ 6 00 i r c (diiv -:x inonthn................... 12 00 coj.V •me year.............................. 22 00 TERM* FOR THE WEEKLY HERALD. , n ,. vt . ar fö 00 _ hu ij.t.'i«'..................................... 3 50 'I hr»*«* months.... .............................. 2 50 FORTY-FOURTH COMESS. SENATE. Washington, December G. Wilbers' resolution, offered yesterday, re . ic.-ting the President to inform the Senate under what authority United States troops occupied Petersburg, Va., on election day, came up. Sargent, in his reply to Thurman's refer ence to English law, said that elections in Ilnclai.d i'urnUhed no parallel to the election in Southern States. In England the rights of both sides were protected. What were the »■vents which had happened in the Southern States during the recent Presidential election? The air was full of reports and statements of intimidation and wrongs toward Republican voters. It was not well to be so sensitive about the use of the army, when it was known that rifle clubs had taken possession of j»oils in the South. lie regretted that the strong arm of the United States was not at UiuuYmrg, ft. C., last spring, and regretted that there was not some power within strik ing distance when Eliza Pinkston's husband was killed in Louisiana before her eyes, her babe killed, and she violated and cut so badly as to hardly resemble a human being. lie argued that Republicans in the South had been prevented from voting, and that there had been necessity for interference by the army. He commended the President of the United States for the action he had taken, and the Senate of the United States should not, by passing this resolution, throw out the implication that he acted improperly. Johnston said this resolution related to Vir ginia, net to South Carolina or Louisiana. If the Senator from California, or any one else, said there had been intimidation or fraud in Virginia which justified interference by Un ited States troops, he labored under a great mistake. There had been no Ku Klux, no ritle clubs, in Virginia, and the only intimi dation practiced theie had been by colored Republicans against colored Democrats. The troops were a menace. Logan made a brief argument, paying a tribute to the soldiers. Morton referred to the riot at Petersburg a few years ago. lie presumed the President had good cause for sending troops there. He would, however, support the resolution, al though he opposed it at first. Thurman said Logan had intimated that those who favored the resolution were en emies of the army. He asserted that the army's worst enemies were those who desired that it interfere in elections. It was a duty distasteful to soldiers, this interference. He referred to the condition of Rome under Ca-sar as a despotism, whose liberty was overthrown by a military chieftain. Edmunds claimed that the United States army must support courts when legally called upon, and the President should always have a sufficient force at his command to execute the laws. He believed the President had good reason for sending troops to Petersburg, and wanted all the facts. The resolution was then agreed to. The Chair presented the President's Mes >agc, and accompanying documents, and moved that it be printed and laid on the table. Thurman objected to printing the docu ments, but not the Message. Sherman explained that a communication was prepared at the request of the President, asking certain gentlemen to visit New Or leans and report. He explained the meeting and action of the two committees before the Returning Hoard, and declared that the can vass was open and public, with every oppor tunity ior Democrats and candidates'counsel to inspect and object. This was the result ol such action by the Board, and the report of the testimony. He declared that the tes timony established both the legality of the fount and its justice. Such was the terror ism, intimidation, etc., that the public would , believe any other return by the Canvassing Hoard was a reproach to our civilization. He could not now say ■whether the Board acted right in specified polling places, but the find ing of the Board was justified by law and the testimony, and by the highest principles of justice and honor. Answering Eaton, he said all the published testimony taken by the Democratic committee accompanied the com munication, with a few exceptions, being un obtainable matter. He considered it the President's duty to submit this to Congress. He favored the publication of all evidence. The Board had been misrepresented. Bogy said he believed the Louisiana elec tion had been orderly and fair. The deposi tions sent by the President to the Senate vio lated the laws of Louisiana, which provided that any evidence of fraud should be sent within twenty-four hours after election. He referred to the Pinkston testimony, saying a grosser imposition never was practiced in this country. Her case bad no reference to politics, and he was astonished that Sargent alluded to it. Had he been satisfied that Louisiana voted for Hayes he would say so, but he was fully convinced that Tilden had carried it. Stevenson objected to printing this matter, and moved its reference to the Committee on Printing. It was a question of popular liberty now, not of the election of Hayes or Tilden. The latter carried Louisiana by 0,000 or 7,000 majority, many negroes voting the Demo cratic ticket. Sherman asserted the Pinkston evidence was true. Her husband w'as murdered on account of politics. He vindicated the action of the Returning Board, and its personale, which w'as honorable, dignified and courage ous throughout. West denied that the negroes voted the Democratic ticket. It w as an absured idea. There was 15,000 colored majority in Louis iana, which show'ed that the State was not Democratic. He rejoiced that others had learned of the murders and outrages he had so long told this Senate of in his State. Stevenson said the Senate declared, when retusinga seat to Pinchback, that there was no legal government in Louisiana. How, then, w'as the Returning Board immaculate ? After further discussion, the motion to print depositions was referred to the Printing Committee. The Chair announced as new members of the Election Committee, Howe, Boutwell and Kernan. Edmunds moved to consider his joint reso lution, proposing a constitutional amend ment for the counting of the electoral vote. Merrimon objected, as the 21st joint rule, being in force, requires resolutions, etc., not acted upon at the close of the first session to be taken up and acted upon as if no adjourn ment had occurred, and the proper order was unfinished business. The Chair ruled that the joint rules were not in force. Merrimon appealed and addressed the Sen ate, but the Senate soon adjourned. HOUSE. The President's message being under con- sideration, debate ensued. -said the President's only motive must be to suggest that the House had authority to institute a careful inquiry into the Presiden tial election in advance of the regular pre sentation of the great subject. Wood objected to the message as partisan. His first impulse had been to move that the document be returned to the President. He now moved that it be laid on the table with the accompanying documents. Hoar said his side desired to debate the subject, but it being undebateable, Woods' motion was adopted by 153 to 90, party vote. The House then adjourned. Announcement was made of a Democratic caucus. SENATE. Washington, December 7. —The Presi dent presented Carl Schurz's communication praying that a constitutionl amendment he presented which gives the counting of the votes to the electoral college. Laid on the table, the motion of Edmunds having been already reported. Anthony, from Printing Committee, re ported in favor of printing the depositions accompanying Senator Sherman's report on elections. Salisbury dissented from the majority re port, and declared that ex-parte testimony should not be disseminated. McDonald favored the printing of all testi mony on both sides concerning the South Carolina, Louisiana and Florida elections. Sherman, answering Merrimon, said there w'ere three classes of testimony presented with the communication. First, oral, taken before the Board and the proceedings of the Board. Second, the Supervisor's sworn state ments. Third, testimony taken legally on interrogatories and cross interrogatories. Eaton opposed the printing of other testi. mony than what is taken by regular Con gressional committees, in the regular way. Morton said a singular spectacle w T as pre sented by the Democrats denouncing the Re turning Board as a fraud and yet objecting to the publication of the evidence which de termined their action. The Democratic vis iting committee at New Oilcans had refused the invitation of the Republicans to publish jointly tiie evidence laid before the Board. They wanted testimony to make up a case not before the Board. They confessed that they were dissatisfied with their own case. If the Returning Board acted unfairly bring forward the proof. Thurman upheld the Democratic commit tee in refusing to furnish their testimony to the Republicans. They were not invited to join the Republicans in making up a verdict to return to the President, but merely to let the Republicans do it. He hoped Congress would act circumspectly now that the form of the Government's constitution w as being tested, ItüllSE. Washington, December 7.—McCreary in troduced the following resolution : Whereas, There are differences of opinion as to the proper mode t)f canvassing the elec toral votes for President and Vice President, and as to the manner of determining the questions which may arise as to the validity and legality of the returns made of such votes by the several States ; aud, whereas, it is of the utmost importance that all differences of opinion and all doubts aud uncertain!}' on these questions should be removed, to the end that the votes may be counted aud the result declared by the tribunal whose decision all will accept as final, therefore be it Resolved , That a committee of rive mem bers be appointed by the Speaker, to act in conjunction with any similar committee ap pointed by the Senate, to prepare and report without delay such a measure, either legisla tive or constitutional, as may in their judg ment be best calculated to accomplish the de sired end, aud that said committee have leave to report at any time. After a short discussion, the resolution was referred to the Judiciary Committee, with leave to report at any time. Frye presented the protest of the Colorado Legislature against the refusai of the House to admit to his seat the member elect from that State. Referred to Judiciary Committee. McCreary reported a bill to amend the Pa cific Railroad act by making the Burlington and Missouri River R. R. in Nebraska a branch of the U. P. R. R., and requiring both roads to be operated in conformity, Frye made it a point of order that, as the bill affected the land grant of the road, it must be first considered in Committee of the Whole. The Speaker overrhled the point of order, as the bill appropriated neither land or money. Frye said his only motive was to have a full discussion of the bill, which was a very important one as affecting the interests of the Government and the Union Pacific Rail raad Co., and he desired its consideiation postponed. Crounse opposed the postponement as only another means of defeating the bill. McCreary proceeded to explain and advo cate the measure. He contended that Con gress had a clear right to pass the bill, first, under the general power to alter or amend the charter of the U. P. R. R. Co., and, sec ond, because the President might now exer cise his prerogative to fix the terms and con ditions on w'hich the other lines should con nect with the U. P. R. R. The morning hour expired and the bill went over until the next moring hour. Woods' resolution calling on the President for copies of his orders to the military offi cers in the South, was objected to by Kusson, and the House adjourned, the Democrats re maining for caucus and action on the report of the committee on the course to be pursued pending the present political complications. SENATE. Washington, December S.— Ingalls re ported a resolution requesting the Secretary of the Interior to report immediately what efforts have been made to remove the Sioux from their treaty reservation to the Indian Territory, and what negotiations are now pending, and what is the object thereof. Agiced to. Mitchell called up the resolution directing an investigation of the circumstances attend- j ing the appointment of Cronin, Presidential j Elector, by the Governor. Referred to Elec- j tors Committee without debate. Hagar's bill, introduced at the last session, j making a silver dollar legal tender and pro-j viding for the issue of silver coin, was refer- j red to the Finance Committee. On motion, three members were added to the Electors Committee to assist in the South ern election investigation, as provided by Edmunds' resolution. Harvey submitted a resolution authorizing the appointment of a select committee to ex amine into the several branches of civil serv ice, and send for persons, papers, etc. Edmunds moved to take up the joint reso lution proposing a constitutional amendment for the counting of the electoral votes by the Supreme Court. Merrimon objected on account of the 21st joint rule, which provides that the unfinished business of the preceding session shall not be taken up for action until six days after the beginning of a subsequent session. The Chairman overruled the point, an nouncing that the joint rules were not in force, and besides the 52d Senate rule pro vides that at the commencement of the sec ond session business shall be resumed and proceeded with as though no adjournment had occurred. Merrimon appealed from the decision. He argued that the rules w'ere in force and neither of the Houses could abolish them without the consent of the other body. He read from the proceedings of Congress at previous sessions, showing that the 21st rule had been frequently enforced. He said the joint rules had been in force since the exis tence of the government, and this was the first time they had ever been questioned. After a long debate, the question being on the appeal of .Merrimon from the decision of the Chair, the decision W'&s sustained. Yeas, 50; nays, 4. So the rule is not in force. Those voting no were Maxey, Merrimon, White and Withers. Among the absentees in the Senate when the vote was taken w r ere Jones, of Nevada, and Sharon. Johnston argued that the Senate and House W'ere acting under joint rules every day and could not transact business without them. The authority to appoint conference commit tees came from the joint rules. Edmunds said there was a general parlia mentary rule providing for conference com mittees. Sargent siid when the list of committees was reported the other day, it was accompa nied by resolutions authorizing committees on library, printing, etc., to act concurrently with House committees. This showed that the Senate did not recognize the joint rules, under which these committees might act. Davis said he asked Wright when the com mittees were reported whether there was any change in the usual custom of appointing committees. Wright assured him that there was none. It seemed now r that there was one for the purpose of avoiding the joint rules. Wright explained by saying that he was occupied when Davis addressed him, and un derstood Davis to ask whether there was any great change in the organization of the com mittees. Morton said it was perfectly plain to him that the Senate, having withdrawn from the joint rules.as it had a right to do, there were none in force. He read from the record, showing that previously the Democrats held this view of the case. He believed their sole purpose now was to retain the 22d joint rule for tiie counting of the electoral vote. It was confessedly a wicked rule, and universally condemned. He had been trying to abolish it for years. Bayard said the 22d rule was the only ob jectionable one of the last session. He at tempted to secure the passage of a law regu lating the electoral count outside of the joint rules. He described the origin and workings of the rules. He reiterated his previous opin ion that the rules could be terminated at the discretion <<i either House. Edmunds quoted from his own and Merri mon's remarks at the last session, showing that Merrimon had changed his opinion since then. Merrimon said the change was wrought by reflection. Edmunds paid a graceful tribute to the late j Speaker Kerr as a man, and a patriotic and honorable man, and quoted bis decision on this question. Edmunds said the joint rules were simply the standing orders of each, re pealable by either party. After further debate on the question, the decision of the Chair was sustained. Yeas, 50 : nays, 4. Withers introduced a bill for the relief of the owners and purchasers of land sold for direct taxes in insurrectionary States. Re ferred. The joint resolution proposing an amend ment to the constitution concerning the elec toral count w<is read, after which the Senate went into executive session. Adjourned until Monday. HOUSE. Piper introduced a bill establishing a Ter ritory of the Black Hills, arid providing a j temporary form of government therefor. Re ferred. Lemoyne, of Illinois, offered the following resolution : Whereas, serious differences of opinion may arise between the members of the two Houses of Congress as to their jurisdiction and powers in the joint session in counting the electoral vote, and the questions involved being questions of law, therefore be it Revolved, That the Senate be requested to appoint a committee to act with a committee of five to be appointed by the Speaker of the House in presenting to the Supreme Court such questions as either of said committees may deem important in this crisis, and ask ing the members of the Supreme Court to give Congress an opinion thereon, Haskins rose to debate the question, aud it therefore went over under the rule Mills offered a resolution calling on the President for information as to whether the cavalry force has been recently removed from the Texas frontier. Baker, of Indiana, introduced a bill pro posing a constitutional amendment forbid ding the payment of any claims growing out of the loss of property during the late rebel lion. The Pension Appropriation bill passed. Wood called up his resolution asking the President for copies of the instructions to and the reports from the military officers in the South since August. The Republicans objected. Wood's resolution was adopted without de- bate, and the House adjourned until to-mor- row. ----- -44BP+- *•» ■— - The Democratic House objects to the ad mission of Belford, Republican Represen tative from Colorado. His right to a seat is challenged on the start, the Democrats in the present exigency raising the point as to the status in the Union of the Centennial State. The worriment of the House centers in the Presidential attitude of Colorado. The State which the House voted to admit, by reason of the understanding that it was reliably Democratic, turns out to have been captured by the Republicans, with its three electoral votes for Hayes. This unlooked for result naturally disgusts the average Democratic Congressman, and hence the far-fetched ob jection of Springer to the admission of Bel ford to his seat. The court which the Democratic conspi rators are ploughing with in South Carolina is ruled by Judge Moses, who became disaf fected and convenient to their purpose be cause Gov. Chamberlain refused to commis sion his son a Judge, when chosen by the Legislature, because of his bad character. The South Carolina "Conservatives" praised Gov. Chamberlain loudly for his determined work of reform, and then they made a tool of the corrupt Judge whom Gov. Chamber lain's reform had turned against him. This is an illustration of the reform character of the South Carolina Conservatives, and of the way they hate corruption. James Monroe (1821) and Zachary Taylor (1849) were both inaugurated on March 5th, March 4th in both cases falling upon Sunday. March 4th, 1877, also falls on Sunday, and the inauguration of Hayes will probably not take place until the following day, March 5th. Globe Democrat: It would be funny to see Gen. Hayes receive an electoral vote in a State which gave Missouri's brutal majority against him. Aud yet, unless Gen. Frost can produce a certificate of the removal of his disabilities, we look upon this as an event in the very near future. Charles Francis Adams' love for the Irish has grown beautifully less since the elec tion. He has broken his old clay pipe, torn the .shamrock from the lappel of his coat, burned bis shillalah, and resolved to become an American again. But Sam. Bowles, his backer, has sponged him off, and will enter him for the next fight. Even that journalistic bull-dozer, the Chi cago Times , is ashamed of its St. Louis name sake, and calls upon it to cease its bombastic babble. Sir John Malcolm, writing of the Per sians, says they deem music a science, though they do not appear to have made much pro gress m it. They have a gamut and notes and different kinds of melody adapted to various styles, such as the pathetic, the vo luptuous, the joyous, and the warlike. The voice is accompanied by instruments, of which they possess a considerable number; but they can not be said to be further ad vanced in this science than the Indians, from whom they are supposed to have borrowed it. Their strains are often pleasing, but al ways monotonous; and they want variety of expression, one of the charms of art.