Helena weekly herald. [volume], January 11, 1877, Page 2, Image 2

About Helena weekly herald. [volume] (Helena, Mont.) 1867-1900

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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.