Newspaper Page Text
THE WEEKLY HERALD.
S. E. FISK...........................Editor. THl'RSDAY« DECEMBER 14, 1816. BY-GONEN. It is a happy faculty of our Yankee nation that there is such a crowd of matters alw'ays demanding attention that the most engrossing and exciting subjects soon pass from promi nent notice, having enjoyed their allotted time. So we think it will prove with the Presidential issue. All that the late contest lacked in interest beforehand, was more than made up Juring the month following, till the result was finally ascertained in the last of the doubtful States. 2\ow, not only the people, but the Presi dential electors, have voted, and it seems that all the doubtful elements are eliminated from the contest. There only remains the minis terial act on the part of the President of the Senate to declare the result in February next, of the nature of which the country already is fully advised. We do not suppose that all of the Democratic pressor Congressmen will coincide with us, that the result :s yet fully settled, but we speak of the great mass of the people who have no care or expectation of an office, whose interest is lor settled order and a revival of business. It is physically impossible to amend the Constitution in time io decide any of the issues growing out of the late election ; besides that, even an amend ment of the Constitution could not be retroac tive. Equally vain is it for the House, against the almost unanimous voice of the Senate, to insist that any power lies in it, or both in Convention assembled, to overrule or dictate the action of the President of the Senate under any joint rule heretofore exist ing, or that it will be possible to enact Even should the move succeed to refer all disputed points to the decision of the Supreme Court, it is doubtful whether that Court would con sider itself vested with any jurisdiction. Certainly, not unless the President of the Senate was himself a party to the reference. For it is very clear that if the Houses have not jurisdiction of the case for themselves, they cannot refer it to the Supreme Court. But we would be content either as it now stands or with it referred to the Supreme Court, In either event, we anticipate that the result will be the same. We rest perfectly sure that justice and reg ularity are both combined in every one of the whole 185 electoral votes that have already been cast for Hayes and Wheeler, and that will entitle him to the occupancy of the Pres idential chair after the 4tli of March next. So, let by-gones be by-gones, and let us, one and all, address ourselves to the many neg lected subjects that conçern our immediate interests. __ RESULT IX NEW YORK. The total vote of the State of New York at the recent election reached the enormous figure of 1,018,221. The registration and poll of votes in New York and Brooklyn were beyond all precedent, and the total vote of the State, including these cities, exceeded by 188,804 the vote at the Presidential election preceding. Two years ago (1874) the Re publicans cast 360,074 votes, and Tilden s ballots counted him up a majority over Dix of 50,317. This year the Republicans cast a vote of 489,520 for Hayes, and yet the Demo crats overcame this and roll up a majority for Tilden of 28,719! Weeding out the hordes and gangs imported from overwhelm ingly Democratic States and given a domicil in the large cities for a time sufficient to en title them to vote, and with an ordinarily fair election in other respects, it is estimated that Hayes' majority in the State would have reached the neighborhood of 50,000. Isn t it about time Democrats quit yelling "fraud" as to the three Southern States still honestly held to Republican allegiance? It would seem so. _______. T1IE ixdiax lampaigjt. The campaign against Sitting Bull and the hostiles still allied to his fortunes, is prosecu ted with unabated vigor. The old chief, wilh the remnent of his former large follow ing, is given no rest or allowed opportunity for recuperation. Hazen, with temporary headquarters at Fort Peck, keeps the savages away from former and favored hunting grounds, and forces them to camp in regions which threaten starvation. Miles, with a force of GOO men, is at a point on the Mis souri fifty miles below Carroll, while a full company of troops occupy the latter place Sitting Bull is in a bad fix, and before the winter ends will doubtless eagerly accept the terms of surrender offered—that of uncondi tional surrender. The Indian war will be completely ended before the coming of next spring. Men of all parties agree that, all things considered, the Heeald would make the best Returning Board. It not only invariably publishes election results just as they are, but lays them before tbe people several weeks in advance of the canvassers. An act of the Legislature, constituting the Herald the official meidurn for gathering and promulga ting general and local election results, would meet with universal approval. It would pass without a dissenting vote over the Governor's veto. The Georgia ballot boxes develop a ma jority for Tilden officially announced at 81, 181. Tilden's official majority in New York State is 28,719. THAT fONlNDRllI Always willing to aid those who really want to know something, we are disposed to an swer the conundrum proposed by the Inde dendent. It desires to know where Congress get the power to pass the 22d joint rule, if tbe Constitution didn't confer it ? As we have said before, all the powers conferred by the Constitution are upon the Congress created by that Constitution, consisting of two Houses and all the powers not thus conferred are re served to the people of the several States. A joint convention does not answer the consti tutional definition of Congress. It is written "Senate and House." This idea became so evident to the framers of the 22d joint rule, that it provided that when a question arose about the admission of a vote, the two Houses should separate and take action in its lawful capacity. But the real question back of this is, By what right do they interfere, either jointly or severally» in counting the vote ? Evidently it came from the mistaken theory that too much power was conferred upon the President of the Sen ate ; that questions might arise that this olli ccr would be unable or unwilling to answer, tux! lliat as tills power of resolving these doubts ought to rest somewhere, it was safest and most reasonable to expect that Congress should exercise it. Fuller consideration of the subject con vinced every Senator that it was pure usur pation. That not only is there no warrant for it in the Constitution, but that it is a power that Congress could not exercise if it would. A joint convention cannot consider it, for that is not Congress. And when each House considers the questions separately they are just as likely to disagree as to agree, and so Congress cannot decide the questions. There is no such permanency to the office of Presi dent of the Senate that any one has felt like championing the rights of that officer as against the interpretation that Congress might place upon his powers. If a case had ever been made up and appealed to the Supreme Court, there is little question how it would have been decided. We think the Independent is answered by the fact that the Senate almost unanimously fias receded from its position of claiming the power to decide upon the regularity and ad missability of electeral votes. We still believe that if Congress ever had such power, it has it just as much without a joint rule. But we do not believe it ever had any such power, nor could it exercise the power if it had been conferred, for there is no arbiter in the event of the two Houses disagreeing. If it is any answer that Congress must have this power because it has once assumed to have it and exercised it, it is a better answer that it has no such power because it has anandoned the claim after attempting to ex ercise it. It is no decisive test of right be cause a thing has neen done. Because Gov ernor Grover gave a certificate of election to a defeated Democratic elector, it is no sign that it is right. Certain it is that if right in Oregon, it would be equally right in Missouri and North Carolina, and give votes to defeat ed Republicans in those States. Because the Democrats of the South made the negroes vote their ticket on pain of instant death, and have not been punished therefor, can hardly be adduced as proof that those Democrats were exercising a constitutional right. The Georgia ballot-boxes, as shown by the result officially announced, developed a majority for Tildeu of upwards of 81,000. In many of the counties there were no more Repulican votes cast than in some of the bull-dozed parishes of Louisiana. All was fair find lovely there as Messrs. Palmer, Trumbull & Co., tell us was the case iu the other State. We are not mistaken about this if what some of the Georgia Demo ratic papers say is true : The Wilkes county (Ga.) Gazette reports the vote there as 1,139 for Tilden and 2 for Hayes. On this gratifying result the Gazette comments as follows: "The above show's this old county to be still true to the Democ racy. At the State election last month, there was not a single Radical vote polled in the count}'. In the voting last Tuesday there were two votes cast at this precinct, by whom is unknown ; and it is well, perhaps, that the two creatures who attempted to dim our bright escutcheon should remain unknown." U T . N. PAY DEPARTMENT We are in receipt of the annual report of the Paymaster General of the Army for the year 1876. It is a concisely presented and neatly printed report of a branch of the ser vice to which general attention as a rule is not directed. We find space for one among many interesting paragraphs of which the little pamphlet is replete. General Alvord bears witness to the integrity of the Pay De partment service in these w'ords: " Since I assumed charge of this office, from the 1st of January, 1872, to the 30th June, 1876, the disbursements of the Pay De partment have been about $59,289,000, and the only defalcation was that of Major V. S. Eggleston, of $12,337. (It is expected that the 8urities of that officer will make good this amount, in which case, no loss to the United States has occurred.) The only loss was—by wreck of steamer near Vancouver's Island— of $2,124, in hands of a Paymaster drowned at the time. This is .024 of one per cent of the total. During the same period, the entire ex pense of making these disbursements has averaged a little more than one and a half per cent." The canvass by the Territorial Board of the Delegate vote exactly tallies with the tabulated returns collected and laid before the public by the Herald a fortnight ago. FATHER'S COMMITTEE REPORT. Messrs. Palmer, Trumbull and others of the Democratic Committee attending the sessions of the Louisiana Returning Board, are out with another report, supplimentary to the one issued a week prior to the completion of the canvass, in w'hich the public mind in advance was prepared for the result, adverse to the Democrats, which w r ould certainly be reached by the action of the Board. The re port just made is voluminous, and covers the entire field of Louisiana politics, from a Democratic standpoint. The committee con sider that the election in the State was "on the square that large numbers of negroes are Democrats and voted of their own will and free from intimidation for Tilden and the whole Democratic ticket ; that the face of the returns showed a majority for the Til den electors of upwards of 8,000 ; that the Returning Board, throwing out the votes of contested parishes, returned a majority for the Hayes' electors varying from 4,026 to 4,712: that to accomplish this the Board disfranchised 3,350 Democratic and 2,402 Republican voters, etc. The report charges that the Board was unfair and arbitrary, and " *>" judgment of the committee unlawfully constituted. It concludes as follows : "Can we sanction such action of the Louisiana lie turning Board, and thereby form a precedent under the authority of which a party once in power may forever perpetuate its rule and so end constitutional liberty ? Shall such be the fate of this Republic at the beginning of the second century of its existence ? Such are the questions now' presented for the delibera tion of the American people.!' We regret that the length of this document precludes its entire publication. Its intensely partisan presentment of the Louisiana case is calcu lated more to harm than to help the desperate fortunes of the cause which the gentlemen espouse, and of the master whom their aim is to serve. Iu the synopsis furnished above, our readers have the gist of the commiitee's report. The Republican version will come after a time, when we hope in as brief a form to get at the substance of the case as pre sented by Süerman and submitted by the President to Congress. HOME INTERESTS. Our Legislature will soon convene, and we fear will pass with as little profitas former ones, unless the work is made ready in ad vance. The Railroad question is first in importance. Can we obtain any concentration of con flicting local interests upon any one scheme ? We hope those who represent competing companies will be on hand early, and that our legislators will consider the interests of the Territory, and the whole of it. Perhaps it will be well to offer a subsidy conditionally to the company that will first construct a line to any point within the Territory. Besides this matter of a railroad, the care and treatment of the insane, both on the score of humanity and economy, demands some action. The law relating to the sup port of the poor also much needs revision. Such paupers as have no residence in any county ought to be provided for by the Ter ritory. Our Probate law's also are sadly in need of simplification. The citizens of Helena ought not to allow another session to pass without applying for an act to authorize a resurvey of cur city and the fixing of corners by permanent monu ments. Let us hereafter give some attention to our much neglected home interests. ORGANIZATION OF NEW TERRI TORIEN« of A bill Lias already been introduced to create a new Territory of the Black Hills. \\ e have no means of knowing what prospect of success attends the measure, nor what would be the controlling motives to recommend its passage. But we do know that the people of the Territories ought to have a right to be heard in this matter, and the question of di vision or subdivision ought to be considered along with other questions. If Congress in tends to adhere to its resolution that no new States shall be admitted until they have a cer tain population, then this subdivison of Ter ritories means the deferring of the day when the people can acquire the right of self-gov ernment, a vote for President and a vote in Congress, and it becomes a very important question to them. If Congress would provide for an amendment to the Constitution that every Territory should have at least one elec toral vote fov President and its Delegate a full vote in the Lower House of Congress, there would be no good grounds for objec tion to such subdivisions of the present Ter ritories as would suit prospective wants. But until then, we believe the true policy should be rather to consolidate the Territories, so as to give them as early as possible a chance to become a State. It looks very much like the case of a guardian interested with the man agement of the estate ot a minor, to whom also was given the power to prolong his ward's minority at his own pleasure. We hope our Delegate will improve an opportunity to enlighten the Committee on Territories and the whole House on the very decided views that our people of all parties entertain on this subject. Tilden dreamed he was called to the Presi dency, but the old Scriptural story is but re« peated in his case : "And Samuel arose and went to Eli and said, 'Here am I, for thou didst call me.' And he answered, 'I called not, my son ; lie down again. * So Samuel went and lay dow'n in his place. A DIFFICULT SEARCH. Immediately after the Presidential result seemed dependent on the count in Louisiana, there w'as selected a large delegation of some of the most trusted and distinguished members of both parties to go and witness the counting of the votes. The votes have been counted, the delegations have returned and given in their various reports, and we know about as much as before they went. Each party has heard the evidence on one side, accepted it as true, and redelivers it to Northern heaiers. If we were to believe the stories of Palmer, Trumbull A Co., we should be compelled to believe that the members of the Returning Board were very naughty meu, and had cheated poor, suffering Democrats out of their just rights. If we believe the stoiy toid by the Republicans, and which, we confess, seems more natural, reasonably, and bettei sustained, tbe apparent Democratic majority was tbe fruit of the most flagrant frauds and devilish cruelty ever perpetrated, and not only deserves no respect, but the powei ot the nation ought to be exerted to punish the miscreants. We are now to have congressional Com mittees visit the scene of these flauds and give in their reports. Does any one expect any more light from them ? Aie the} an} abler or fairer men than those who have al ready reported ? We do not think it. Per haps after a searching examination lias been made by party delegations, the testimony thus produced might be put into disinterested hands for re-examination and adjustment, with some hopes of ultimately arriving at the truth. Most people rejecting all stories through prejudiced channels, will give the more heed to circumstances and natural pro babilities. In spite of ail tbe maledictions uttered against the members of the Louisiana Return ing Board, most people will believe that men who can brave the dangers they have, and resist the solicitations to betray their trust for money or position, which have been offered iu tempting profusion, are really better men than their slanderers, and must have acted from a high sense of duty. Another fact is to be taken into account in perusing their testimony. Southern people generally have not yet given up their old "chattel" idea of the negro, held universally during slave days. Many of them regard it no crime to kill a negro. Not only is this the accepted opinion expressed iu Southern pa pers, but Northern Democratic papers un consciously catch and re-echo the same idea. They speak of the poor, persecuted people of South Carolina, thinking only of the white minority, and how much they are suffering from the presence of troops, while the fact seems patent that the only right of which they have been in any measure deprived is the one they claim td shoot any negro that doesn't vote the Democratic ticket. Democratic papers do not even concede that it is possible to oppress the negroes. Any amount of cruelty end abuse may be shown them and not a murmur is heard ; but for the General Government to interfere with their pastime of hunting and shooting independent thinking black men, is called a crime that endangers the very existence of liberty. This is all fudge. The worst enemies of liberty are those who ignore the rights of the black man and believe they have no rights that white men are bound to respect. If there was any way to reach the exact, unvarnished tale ot truth, we would accept it and all its consequences ; but when asked to accept Democratic versions of it, we must beg to be excused. Noue of the investigations now on foot promise relief to the public mind. Time alone can bring relief. It all rests with one man now to disclose the result, and that man can be fully trusted not to be deceived by any Democratic tricks or false claims. ISo we will try to be content till February comes and brings the final announce ment. ___ TnosE two old covies, Mr. Jefferson Davis and Governor Hendricks, engaged their palace car seats the other day and together journeyed westward from New ork. Davis was a new arrival from Europe. A cable dispatch, received in London the day follow ing the election, told him that the Democrats were triumphant, so he hastened back to his native land to offer his personal congratula tions. Hendricks had gone down from Hoosierdom to ask Tilden whether the news telegraphed to Davis was reliable. The two Democratic Statesmen had a luxurious car section, but their trip to the point of separa tion is said to have been an unenjoy able one. So The New York Tribune , in characterizing the difference between the two parties, says : In fact is not this about the difference—that the Republicans in the disputed Southern States are trying to hold what they honestly believe they got,, while the Democrats in the Northern States are trying, by hair-splitting technicalities, to grasp what they know the people never intended they should have ? At a Tilden turnout in Maryland the other night a transparency was borne, on one side of w'hich appeared a likeness of Wilkes Booth, and on the transverse side, appeared the ominous words: "This is the man That pulled the trigger That shot the man That freed the nigger." lN the Fourth Californial)istrict the vote for Congressman stood : Pacheco, 19,104 Wiggleton, 19,103. Pacheco's majority, 1. WHAT PRESIDENT JOHNSON thought. The Inter-Ocean of a recent date reprodu ces the joint resolution adopted by Congrses in 1867, declaring that "none of the States that have been in rebellion shall be entitled to electoral representation in the ensuing court of votes.*' This resolution was vetoed by President Johnson. His message is in teresting at this time from the fact that he took the ground that "the power and duty of the President of the Senate are, under the Constitution, purely ministerial and that his views reflected those of the Democratic party at large, by which his action was indorsed and sustained, although its leaders are now declaring very different conclusions, irrecon ciled with those formerly held. The para graph of the veto message (dated July 20tli, 1867) germane to the present controversy is given below : "The mode and manner of receiving and counting the electoral votes for President and Vice President of the United States are in plain and simple terms prescribed by the Constitution. That instrument imperatively requires that the President of the Senate 'shall, in the presence of the Senate and House of Representatives, open all the certi ficates, and the votes shall then be counted. Congress has, therefore, no power, under tlu Constitution, to receive the electoral votes « r reject them. The w hole power is exhausteu when, iu the presence of the two Houses, tin votes are counted and the result declared. In this respect the power and duty of the I'i'cm dent of the Senate are, under the Constitu tion, purely ministerial. When, therefore, the joint resolution declares that no electoral votes shall be received or counted from States that, since the 4th of March, 18i»7. have not 4 adopted a constitution of State government under which a State government shall have been organized,* a power is assumed which is nowhere delegated to Congress, unless upon the assumption that the State governments organized prior to the 4th of March, were illegal and void." But despite the President s objections, the resolution was passed over the veto, the same day, by 45 yeas to 8 nays in the Senate, and by 134 yeas to 36 nays in the House. It is noteworthy that, in both branches of Con gress, every affirmative vote ira* cast by a 1b ;publican , and every negative vote by a Demo crat ,, the Vice Presidential candidate on the ticket with Tilden having been one of the Democratic Senators. As the Democratic press and the Democratic leaders indorsed and sustained the views expressed in the veto message, they are on record as regarding the functions of the President of the Senate, at the counting of the electoral votes, as purely ministerial, without power iu either House to object or to interfere. Henry Astoe, a naughty sou of John Jacob Astor, for maltreatment of a little girl named Josephine Ash, of IVmebeck, IS. \ bas had a verdict of guilty brought again.*/ him, the jury awarding the girl $20,006dam ages. A motion for a new' trial was denied. Henry had better sell out. Sunset Cox told, a year ago, iu a very ac ceptable volume, "Why we Laugh. IIis next volume will proceed to tell " W by we Howl." __ Since the announcement of the vote of the Electoral Colleges, gold has fallen two per cent, and stands now at 107 and a fraction. A man with money and brains is wante to start a Democratic orgau at Washington. Conueess adjourns next Friday, to meet again after the holidays. Hayes and Wheeler's majority in N was 1,089—official. ;vau : ; 1. Hayes' majority in Michigan over Tilden, 25,526. _______________ TERRITORIAL NEWS. [From the Bozeman Time.- 7th A party of Montana miners were iu town last Tuesday, destined for the Wolf Moun tains, to prospect for gold. They are six in number, and, we believe, are from Black f oot. James McCartney, of tbe Mammoth Hot Springs, (Yellowstone) put in an appearance this week. He reports everything dull this year at the grand resort—National Park owing to the Indian war. Among other evidences of the great neeu of a bridge across the Madison river near Gallatin city, may be mentioned the obstrue tion of tbe passage of teams by floating ice during the last several days. Many wagon.' carrying goods to our merchants have recent ly been delayed several days, and teams halo ing produce to Helena have been unable to pa°s. This is a great drawback, and it l -; vate parties are not disposed to put bridge across the Madison river it done by Gallatin county promptly. r l he c<' will be more than balanced by the ad\ autant [From the Avant Courier sth S. W. Langhorne is refitting his drug in fine style. - , L. H. Hersbfield, banker of Helena, I Bozeman a visit this week, and drew a ° 1 $5,000 on his county warrants. Come ag Mr. Hersbfield. lnmbcr W. A. Davis shipped last 1 uesday and iron to build an arastra on Mill c and compiete it as soon as possible. ^ Davis has a tunnel driven on the * 180 feet, has out 1,000 tous of rock, t^ ^ age assay of which is $68 per ton ^ assays having been made in Lulito • ^ mines on tbe Yellowstone am *^ eV etf are attracting more and more att up day, and we expect to see the resu to the expectations of those intei es u • a goou hould be