Helena weekly herald. [volume], December 14, 1876, Image 1

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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.
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BY' MAIL.
on-month.......................... 3 00
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TERM* FOR THE WEEKLY HERALD.
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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.