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THE WEEKLY HERALD.
E. E. FISK,.......................... Editor * THCBSDAY, JANtABY 11, l«î* ST. ANDREW S DAY. In Democratic calendars the 8th of Janu ary is consecrated to the memory of Saint Andrew*, surnamed Jackson. Like Saint Thomas, whose surname was Jefferson, this tutelar patron of the party has been forced into the background in latter times by Saint Tammany, but we aie informed that the present year extensive preparations are be ing made to celebrate this particular occasion, not so much out of regard to the memory of Jackson, as to fire each other's zeal and ma ture plans howto inaugurate Tilden or a new revolution. We doubt not there will be many belligerent harangues, after the speak ers have imbibed the spirit of the occasion. Not that we would be understood as intimat ing that the spirit of Jackson would prompt any such utterances, but other spirits more congenial to such occasions. In fact, the Republicans have about as just a claim as the Democrats to the glory and patronage of St. Andrew. In the disruption of the old parties about an even number of the Whig and Dem ocratic parties fused into the Republican party, while Hunkers of all sorts united and retained the Democratic name. Fancy the spirits of such old bullionists as Jackson and Benton mingling in the councils of modern inflation Democracy. Fancy the author of the proclamation to the South Car olina nullifies presiding over conspiracies of modern nullifies 1 If the wizards of the oc casion succeed in "calling spirits from the vast deep,'' we think they will hear some thing like, "By the eternal, go home, and don't plot treason and national disgrace in my name !" In New York and Indiana, we doubt not, there will be some terrible threats and flam ing appeals uttered, but since the South has so decidedly and unanimously expressed its disinclination to resort to violence, we have no fears of anything more serious than empty threats. The country is familiar with this sort of talk, and nobody is in condition to be scared. But there are associations connected with the day which should awaken the pride of every American. On this day, sixty-two years ago, an inferior force of undisciplined frontiersmen met British veterans, fresh from the field of Waterloo, and inflicted the most disastrous defeat that ever befell the British army. It washed out in blood the disgrace of the capture and burning of our national capitol, and as the last trial in arms of the strength of Great Britain and the United States, its memory has been sufficient to avert many wars that might have happened. We owe the victory of New Orleans not only to Jackson and his Tennessee and Kentucky riflemen, but the fact that there were then no ocean cable and telegraph wires to announce the conclusion of peace made two weeks be fore the battle occurred. The associations of this anniversary ought to be promotive of harmony and discountenancing to any machi nations of treason or rebellion. To Democrats and Republicans alike we say, leave alone all thoughts of violence of action or even of language. Trust to the right and justice of your cause and the great body of the people will give the fruits of victory to the one whose claim is the most righteous. Ourfaith in a peaceful issue grows stronger every day. SENATOR BOOTH'S PLAN. There is great abundance of plans for the settlement of the Presidential contest. In fact, almost every Senator seems ambitious to bring forward a distinct plan. That of Sen ator Booth is the most recent. There is noth ing original or new in any part of it, except, perhaps, the combination. It proceeds upon the theory that each House has an equal voice in deciding on the admission or rejection of the vote from any State. It proposes that any member of either house may object to the counting of the vote of a State, and on this issue each house is to vote separate, as under the old 22d joint rule. It goes further to provide that, if the two houses disagree, the Supreme Court shall'decide, and that, too, upon the evidence already produced. It seems to us to be devolving upon the Supreme Court the most difficult of all possi ble questions under very narrow and irksome restrictions. Judges upon whom rests the decision of so important a question ought not to be limited in the kind or quantity of evi dence. Of course matters will be in press ing haste. As soon as a disagreement occurs, further voting ought to stop until the ques tion referred is settled. But here it must be borne in miud that the whole value of a ju dicial decision depends upon mature reflection upon a full presentation of facts. To hear arguments upon both sides, even to read the testimony taken by the Returning Boards and Congressional Committees, at least in the case of Louisiana, will take some days. We were informed not long since that there over 300 witnesses to be examined before one of the Louisiana Committees. If it is at tempted to require of the Supreme Court an immediate decision upon each question re ferred to them, we fancy-the judges would either flatly refuse to serve or their decision would be no better than that of a juiy em panelled at random from the body politic. Thus, forced to instant decision, and cut off from an examination of the law and facts, the judges would necessarily have to rely on their prejudices and sympathies, like other men, and their decisions would be stripped of all that ensure wisdom and command re spect. Unless made obligatory upon the members of the Court to act under such re strictions, we feel certain they would decline, and if made compulsory w*e believe most of them would resign rather than act. What then shall be done ? It seems clear to us tha t if any one or more from outside the houses of Congress are to be called in as arbiter, time must necessarily be taken, and the 4th of March will come before any decision can be reached. If the present House hopes to have any voice in deciding this question, ir becomes its members to be more compro mising in their expressions and actions. Certainly the decision does not and cannot possibly rest with it alone, and the only re sult of their factious.and extreme action is to exclude them from any voice at all in the settlement. The new House better represents the present temper and wishes of the people, any way, and will be for that reason better fitted to decide such a question. Senator Booth is one of the Independent Senators, and his views may be taken as an index of that class. They seem inclined to concede to the demands of the House for a voice in the question how the count shall be conducted. But further than that we are certain the Senate will uot go. They will claim an equal voice and will take time for deliberation, and it will be absolutely certain that the two houses will differ on several questions that will not be settled before the 4th of March comes. TROUBLE IN NEW ORLEANS. The inauguration of two Governors and the meeting of two Legislatures has brought out hostile masses of people, who would go to cutting each others throats with little en couragement. The thing has happened be fore on no greater provocation than exists at present. McFmery hung on to his title of Governor through the entire term, for which he credited himself as having been elected, and as one of his latest official acts gave cer tificates of election to the Tilden electors of Louisiana. Nicholls' prospects are certainly no better than were those of McEnery, in some respects not as good, while perhaps in others a little more hopeful, as there is not quite as much certainty of Government in terference. These are certainly very good reasons w T hy Government should not interfere at present. The same election that chose a Governor chose Presidential Electors. It is universally agreed that the Republican Presi dential Electors ran ahead of the State ticket. So long as both Houses of Congress are en gaged in investigating the action of the Re turning Board with the possibility of reviv ing or amending their verdict, it w r ould not be at all proper for Government to anticipate this action. If the Hayes Electors are re jected, Packard's claim to the Governorship will go too, and should the State vote be counted for Hayes, very likely Packard will be established, and supported if need be, in his claim for Governor. The presence of Congressional Committees in New Orleans will exert some restraining influence, and actual outbreak or direct conflict may be avoided. However ready the Southern Democrats to apply violence in dealing with blacks and carpet-baggers, as they style white Republi cans, they show a wonderful self-control in the presence of Government forces. Such forces are known to be near at hand, under the command of Gen. Auger, besides two war vessels, whose guns could command a large part of the city, are ready to re-enforce the troops should they be insufficient. On the whole, we incline to think that the crisis will pass without serious conflict. Both parties are oa their good behavior before Congress and the country. Any excesses or immoderate demand will prejudice the claims of that party w'hich practices or tol erates them. About in proportion as each party has confidence in the justice of its claims will it exert itself to avoid what will endanger their advantage. The President pro tempore of the Council upon a point of order made by Mr. Tatem ruled this afternoou that while the agreement of the caucus to vote for its nominees was obligatory upon the members upon their honor individually, it was nevertheless not ob ligatory upon the Council as a body, and that therefore the nomination of David Marks against the nominee of the caucus was in order. Whereupon Mr. Marks received 7 votes to Mr. Hibbs 6, the honor of the members to the contrary notwithstanding. When it is con ceded that Mr. Hibbs has no equal for the important office of Enrolling clerk this action involves all but six members in a most com promising situation. Mitchell makes a ready, off-hand presid ing officer. "Election by inversion" is wffiat a Coun cilman calls it. Mayhew came within one of grasping the Speaker 's gavel this morning. Of the several Council officers, the Presi dent alone remains to be elected. The Council, in the election of Comly, made a wise selection for Clerk. He is one of the most competent persons w ho has ever filled the office. "Competition in printing as in other busi ness," declare nearly every one of the mem bers of the Tenth Legislative Assembly of Montana. J MONTANA LEGISLATURE. Proceedings of the Tenth Session. COUNCIL—Firs* Day. Monday, January 8,1877. At 12 o'clock m., H. R. Comly, Clerk of the Council of the Ninth Legislative Assem bly, called the Council to order and announced the order of business. The roll was called by counties, as fol lows: Madison.— Jno. B. Allabaugh. Deer Lodge.—Asa Brow*n, A. H. Mitchell. Missoula.—W. E. Bass. Lewis and Clarke.—W. E. Cullen, Phillip Constans, B. H. Tatem. Jefferson.—I. I. Lewis. Gallatin.— W. O. P. Hayes. Beaverhead and Madison.—Thos. Watson. Deer Lodge and Missoula.— E. B. Water bury. Jefferson and Gallatin.— P. W. McAdow. On motion of Watson, Dr. A. H. Mitchell, of Deer Lodge, w r as nominated as temporary President and he was unanimously elected. Mitchell, upon taking the chair made a brief speech, returning thanks for the honor con ferred. H. It. Comly was elected temporary Secre tary, and Otis Strickland, of Deer Lodge county, temporary aergeant-at-arms. On motion of Cullen the President appoin ted the following as a committee on creden tials : Cullen, of Lewis and Clarke; McAdow, of Gallatin; and Watson, of Beaverhead. On motion, the Council adjourned until 10 o'clock to-morrow morning. HOUSE—First Day. The House of Representatives was called to order at 12 o'clock m. by A. H. Barrett» Chief Clerk of the Ninth Legislative Session, who called the roll by counties, as follows : Madison County.—Samuel Word, H. S. Howell, H. H. Mood, R. O. Hickman. Deer Lodge County.—Alex. E. Hayhew, James McElroy, B. T. Porter, J. C. Robin son, J. A. Hyde. Missoula County.— W. J. McCormick, Jas. A. Dixon, Frank C. Ives. Lewis and Clarke County.— W. F. Chad wick, W. F. Sanders, Joseph Davis, Nick Kessler. Jefferson County.—Hugh F. Galen, J. G. Sanders. Gallatin County.— R. P. Vivian, D. P. Robbins. Jefferson and'Gallatin Jointly.— E. M. Batchelder. 3Ieagher County.— H. B. Brainard, Louis Rotwitt. Chouteau Couuty.—Win. A. Thompson. Beaverhead Couuty.—A. C. Witter. On motion of Mayhew, the following com mittee was appointed to wait upon the Chief J ustice and request his presence on the floor of the House to administer the oath of office to members : Mayhew, Howell, and Rotwitt. His Honor, the Chief Justice, D. S. Wade, then administered the prescribed oath to all the members present. W. F. Chadwick was elected Speaker pro tem. The following officers were then elected for the temporary organization : A. H. Bar ret, Chief Clerk ; William Deascey, Sergant at-arms; John O'Meara, Doorkeeper. The Chair appointed the following com mittee on credeutials : J. C. Robinson, W. J. McCormick, J. G. Sanders, Nick Kessler, and A. C. Witter. J. C. Robinson, Chairman of the Com mittee, reported the foregoing persons en titled to seats in the House of Representa tives as members of the Tenth Legislative Assembly. On motion, a recess was taken till 3 p. m. The House re-convened at 3 o'clock p. m. Quorum present. Robinson moved that the House proceed to the election of Speaker by ballot, which was agreed to. Robinson nominated A. E. Mayhew. Vivian nominated Samuel Word. W. F. Sanders nominated R. O. Hickman. The chair appointed Brainard and Batchel der as tellers. Three ballots were taken resulting in each case as follows : Mayhew, 11 ; Word, 7 ; Hickman, 7. No election, 13 being necessary to a choice. W. F. Sanders moved, that out of respect to the great hero of the battle of New Or leans, whose anniversary is being celebrated to-day, that the House adjourn until 10 o'clock to-morrow morning. Agreed to. COUNUIL—Second Day. Tuesday, January 9, 1877. Mitchell, President pro tem., called the Council to order. Roll called. Present, Allebaugb, Brown, Bass, Ford, Mitchell, Cullen, Constans, Ta tem, Lewis, Hays, Watson, Waterbury and McAdow. The Committee on credentials made the following report: Mr. President:— Your Committee on cre dentials beg leave to report that they find the following named gentlemen entitled to seats in the Tenth Legislative Council from the respective districts, viz : Madison County.—Jno. B. Allabaugh. Madison and Beaverhead.—Thos. Watson. Deer Lodge.—Asa A. Brown, Alexander H. Mitchell. Deer Lodge and Missoula.—Edward B. Waterbury. Lewis and ClarKe.—Phillip Constans, Benj. Tatem, W. E. Cullen. Jefferson.—I. I. Lewis. Gf Batin.— W. O. P. Hays. Gallatin and Jefferson.— P. W. McAdow. be of to 1. 7 Meagher and Chouteau.—Robt. S. Ford. All of which is respectfully submitted. W. E. CULLEN, Chairman. On motion of Waterbury, the report was received and adopted. Watson moved that a committee of three be appointed to wait upon Chief Justice Wade and request him to administer the usual oath to the members of the Council. Carried. On motion of Cullen, the Council took a recess until 2 p. m. The Council convened at 2 o'clock, and was called to order by Mitchell, President pro tem. Roll called. Quorum present. Chief Justice Wade appeared upon the floor of the Council and administered the oath of office to the members. On motion of Brown, a vote ©f thanks was tendered Judge Wade. On motion of McAdow, the Council pro ceeded to elect by ballot the subordinate officers. Brown nominated H. R. Comly for Chief clerk. Cullen nominated F. R. Bill of Deer Lodge county. The vote w*as as follows : Comly, 11 ; Bill, The other officers elected were as follows : Assistant Clerk, H. C. Lewis, of Jefferson county. Enrolling clerk—David Marks, of Meagher county. Engrossing Clerk—Henry Wilkinson, of Gallatin. Sergeant at Arms—Otis Strickland, of Deer Lodge. Doorkeeper—Thos. Daly, of Helena. Page—Ludi Davis, of Helena. Watchman—Jno. McClernand, of Deer Lodge. On motion of Watson, the Council ad journed until 10 o'clock to-morrow morning. HOUSE—Second Day. January 9, 1877. The House of Representatives was called to order at 10 o'clock by W. F. Chadwick, Speaker pro tem. On motion of Mr. Mayhew*, Master Benny Roberts was elected Page pro tem. The election of Speaker being in order, the ballotting was proceeded w'itli as follows: First and second ballot— Mayhew, 11 ; Word, 7 ; Hickman, 7. Third ballot— Mayhew, 11 ; Word, 8; Hick man, 7. Fourth ballot— Mayhew. 11; Word, 7; Hick man, 8. George Steele, the member from Lewis and Clarke appeared and took the oath of office. Adjourned till 2 p. m. The House assembled at 2 p. m. Roll called. Quorum present. On motion, it w*as resolved that until a permanent organization is had that a call of the House may be enforced at any time when there are no objections upon the call of one member, or if objection is made upon the call of three members. The balloting for Speaker continued. Eleventh Ballot.— Mayhew, 11 ; Word, 7 ; Hickman, 8. Twelfth Ballot.— Mayhew, 10; Word, 7; Hickman, 8 ; J. G. Sanders, 1. Thirteenth Ballot,.— Mayhew*, 9 ; Word, 7 ; Hickman, 8 ; Chadwick, 1 ; W. F. Sanders, 1. Fourteenth Ballot.— Mayhew*, 10; Word, 7 ; Hickman, 8 ; J. Davis, 1. Adjourned tlil 10 o'clock to-morrow morn ing. UOUNUIL—TJiird Day. January 10, 1877. MOBNING SESSION. The Council convened at 10 o'clock a. m., and w*as called to order by Dr. A. H. Mitchell, President, pro tem. Roll called. Quorum present. On motion of Brown, the officers and at taches of the Council proceeded to the Gov ernor's office for the purpose of being sworn in. Cullen moved to take a recess for half an hour. Agreed to. Council re-convened. Roll called. Quorum present. Minutes of first and second days' proceed ings read and adopted. Brown moved that Secretary Callaway be requested to wait upon the clergymen of the city, and invite them to officiate as chaplains. Bass moved that the Council take a recess till 2 o'clock p. m. Carried. AFTERNOON SESSION. Council re-convened at 2 p. m. Roll called. Quorom present. Brown moved that the rules of the Ninth Legislative session be adopted for the tem porary guidance of the Council. Agreed to McAdow moved that a committee of three be appointed to report rules for the Tenth Legislative session. Carried. The Chair appointed as such committee, McAdow, Allabaugh and Brown. On motion of Hays, the Council adjourned until 10 o'clock to-morrow morning. HOUSE—Third Day. MOBNING SESSION. TheJHouse was called to order at 10 o'clock. Roll called. Quorum present. The election of Speaker being in order, the fourteenth ballot resulted as follows : May hew, 11 ; Word, 6 ; Hickman, 8 ; W. F. Sanders, 1. Fifteenth ballot— Mayhew, 12 ; Word, 9 ; Hickman, 2; Sanders, 1 ; Dixon, 2. The House then took a recess till 11:30 a. m. The House reassembled after recess and took the sixteenth ballot for Speaker, with the following result : Mayhew*, 13 ; Word, 11, Hickman, 2. Seventeenth ballot— Mayhew, 13; Word, 11 ; Hickman, 2. Adjourned until 2,30 p. m. AFTEBNOON SESSION. 'The House met at 2:30 p. m. Quorum present. The election ot Speaker being in order, the eighteenth ballot resulted as follows: Mayhew, 12; Word, 9; Hickman, 3; Mc Cormick, 1 ; Rotwitt, 1. Nineteenth ballot— Mayhew, 13 ; Word, 9; Hickman, 3; Rotwitt, 1. Twentieth ballot— Mayhew, 12 ; Word, 10; Hickman, 3 ; Rotwitt 1. Adjourned till 10 o'clock to-morrow morn ing. CONGRESS. SENATE. Washington, January 8.— The resolution recently presented by the Elections Commit tee, requiring Turner, Western Union Tele graph manager at Jacksonville, Oregon, to answer questions concerning certain tele grams which went through his office, etc., passed by 35 to 3. Booth submitted a concurrent resolution providing that in the electoral count any Congressman, when the Senate and House are in joint convention, may object to any certificate, whereupon the President pro tem. of the Senate shall rule. An appeal may be then taken from such ruling and each separ ately may ballot as to whether the President be sustained. If they disagree an appeal may be taken to the Supreme Court, where the decision shall be final. The Supreme Jus tices in deciding may receive in evidence the proceedings of any State officer, or board of State officers, and reports of Congressional committees. Ordered printed. Booth gave notice that he w'ould speak upon the subject. The Chair presented a communication by the Secretary of the Treasury calling atten tion to the necessity for an additional appro priation of $30,000 for the payment of tem porary treasury clerks, that the department's business might not be embarrassed. Re ferred. HOUSE. Mills, of Texas, moved to suspend tlie rules and adopt a resolution, that the mainte nance inviolate of States rights to the order and control of their own domestic institu tions according to its judgment exclusively is essential to the balance of power on which the endurance of our political fabric depends, and denouncing the lawless invasion by an armed force of ihe soil of any State or Terri tory under whatever pretext as one of the gravest crimes. After a second reading, Kasson suggested that it did not contain the words, "subject to the Federal Constitution.'' Some Democrats, who apparently disap proved of the resolution, suggested to Holman that he move an adjournment. The Repub licans attempted to prevent an adjournment and force a vote on the resolution. The vote on adjournment was 70 to 95. The vote on suspending the rules and adopting the resolu tion was lost by 107 to 82. The Speaker appointed as a committee to investigate the corruption of the District of Columbia Police Commissioners; Lemoyne, Milliken, Candler, (Ga.,) Banks, and Wil liams, (Mich.) Adjourned. SENATE. Washington, January 9. —The resolution ordering the arrest of the recusant witness (Runyon) passed without division. The Wallace resolution, concerning the electoral count, was then considered. Sherman spoke at length and claimed that the evidence before the Louisiana Returning Board justified their action. By unanimous consent the House bill abol ishing the District of Columbia Police Com missioners and trao8fering the duties to the District Commissioners passed. The bill to perfect a revision of the statutes of the United States was then taken up, so as to come up as unfinished business to-morrow. Adjourned. HOUSE. The Speaker presented Morrison's com munication on Louisiana affairs, and Orton s refusal to appear before the committee. A resolution for the arrest of Orton then passed. The following bills were introduced : * By Piper, to continue in force the law quieting land titles in California. By Page, to permit the homestead settlers within railroad limits to enter in certain cases additional lands. Schleicher offered a resolution calling on the President for copies of papers in posses sion of the State and War Departments rela tive to the imprisonment of JohnJ. SmHli. an American citizen, by the Mexicans, ami also as to the wounding and robbing byM eX * ican soldiers of Samuel Higgins. Adopted. White, of Kentucky, asked leave to offer a resolution reciting the existing fears as to a peaceful settlement of the Presidential question, and declaring that any attempt to excite the public before a constitutional ma jority decides on the question is unwise, u - patriotic and dangerous, and that all^goo citizens should abide by the ^ ^ tionally reached. O Brien, of Mary • > ^O'Brien, from the MiniDR Commitjee re portedback the Senate ]oi^ resolution an thorizing the President to appmut three con missioners to an internation » ameud tivp to o-old and silver values, with an amena ment° Authorizing the Prestopropose such conference to foreign governments.