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i V I •JjA •§f W HE eekly OURIER, Published Wednesday Hornlnci. Official Paper of the War Department V N Official Paper of Wapella Coaalf OFFICII:— On the oorn«r of Becond and Market streets, over the Poitofflce E It 8: $I.S0 PER YEAR IN ADVANCE. I3.00 a* the ead of W months. Atl.lfCSfl J. M. IIKDRIOK & CO Stanley Matthews settled the hash yesterday when he said, in the Ore gon case, that they stood to-day on the ground they occupied in the be ginning, and which had been fol lowed by the decision of this tribunal, viz: that a certificate based, on the re turns was conclusive evidence of elec tion. THE Chicago Times howls fearful ly about the commission. It uses language in abuse of that body that could only have had its origin with a man steeped in all the experience which makes a first class blackguard. Tho mistake it makes is, that in its rage it overdoes the matter, and the reader is disgusted after reading a very few paragraphs of its diatribe. The Chicago Tines will bear for many years, as it now does, a wide spread reputation, it is true, but it will be as notorious among journals of decent reputation as is Nero among the Emperors of Romo. Ut terly void of reliability or honesty, it is deplorable how manj depraved tastes there are which are satiated by a constant reading of so foul a jour nal. THE Senate committee in the Ore gon matter, ought now to summon Sam. Tildcn to testify. We don't suppose the country would have mnch confidence in what the old man would say, after the last year's experience with him, but then it might be inter esting to know how he would squirm out of the rascality lie has been caught tin. -If Hayes was implicated a tithe as much as Tildcn is, lie would long ago have been summoned to Wash ington before a democratic inquisi •torial committee and been incarcer afed in some sink hole beneath the Capitol, if he had not danced right ilively to all questions asked, even to giving an inventory of hts wife's .wardrobe. SAYI.EK, of Ohio, is the chairman of tho House committee sent to South Carolina to investigate the vote ot that state. The committee was, of course, democratic, and it made its report to tho House this week. They give up that Hayes carried the state. AVe give the following extract from the report: Many mistakes and inaccuracies were found in different returns. Some of Ihcm were signed by one and Home by two managers, but if all the returns affected by such irregulari ties were rejected, it would not change tho result. The result, by ascertaining the votes cast at all the precincts and correcting the mistakes made by the managers in the returns, shows that Bowcn received the low est vote 011 the republican ticket, viz: 92,0! i:i votes, or 8.'!1 votes over Mc Gowan, who received tho largest vote on the democratic ticket, viz: 91,262 voles. A HEPI'BLICAN Congressman, ex changing congratulations with Sena tor BUine last Sunday over the fortunate result of the Electoral (Commission experiment, asked the er-Spcakcrif it was not about time for him to regret that he had opposed the passage of the bill creating the Commission. "3y no means," re plied Mr. Blaine, "J still adhere to my first impressions about the bill. A much better plan of settlement would have been to pass a bill giving the defeated candidate the right to bring a t|iio warranto suit in the Supreme •Court, and requiring the Court to decide the case within thirty days. With such a law we could have gone *011 in the old constitutional way to open and count tho vote. The decis ion of flic Court would have carried far greater weight with the people .-(hail will that ef the Commission." THE Albany Evening Journal shows how much Tilden has saved by reason of the failure of his agents to carry out his wishes. It proves that die is actually richer by $:150,000 than lie expected to be, viz.: Gov. Tilden is richer to-day than he would have been if his agents had accomplished their several missions. I lere is the case as it might have stood: offered for ono votrln T/ratalaiia $100,000 offered lor our vole in Sooth Cart-Una fjD,0Qu on*T4Ni for lhe !ouiei:iiift Hetiiraing Hoard I'TIM for one tiogtiB voto in Oregon K,O«K) $ &4.0U) Ci*b paid .. 8,000 Saved hj failure to buj $450,000 If it be true, as the old adage has it, :hat "A penny saved is a penny earned,"' 1N7( was not such a bad year for the (iovernor, after all. He probably did better when he was en gaged in wrecking railroads, but earning by saving #:i."iO,000 a year is "not to be sneezed at" by any nose less ponderous than Croniti's. The Chicago Tribune has a double leaded editorial favoring tho election of Senator Morton as Vice President pro tern. The reasons given arc that Kerry's senatorial ferm expires on the 3d of March, and that although be has been elected Senator, there would be an interregnum from that day un til the 3th of March before lie (Ferry) could be sworn in, even if the Senate was to elect him again President pro tern, and acting Vice President. Tho Tribune thinks that in view of democratic threats to carry the de cision of the Presidential muddle past the 3th of March, for the purpose of forcing another presidential election neat November, it is of the utmost importance that there should not be a break in the authority of the acting vice president, and that Senator Mor ton has the advantage of holding over, besides the universally conceded merit of great courage ahd executive ability. We believe that the men of honor and ability in the democratic party who, for the most part, come from the South, will continue to abide by the action of the Electoral Board, which is, to a great extent, their own crea tion, and that the declaration of Ilaycs' election, which is now appar cntly inevitable, will be acquiesccd in with substantial unanimity. Nevertheless, the suggestions of the Tribune, to have a man of great abil ity and undoubted nerve at tho helm about that time, should be accepted by the Senate. rf* uu:}-:.-.. The democrats of Florida hare cap tured a carpet-bagger, one of the most scaly and disreputable of the breed We refer to the individual, W.J. Pur man, the renegade representative in congrcss, who in order to rctaiu his contested scat said in a speech in the House the other day that tho majori ty of the popular vote of Florida was for Tilden. The Florida Weekly Ex press (detn.), published in Pensacola, of tho date of March 13,1875, has two items in regard to this lion, recruit to the democracy. One of these items under tho head of "Mayor's Court, March 11, 1875,,' reads as follows: "W.J. Purman, Representative in Congress, disorderly, fined $10." The other item, under the head of "Distinguished Arrivals," reads thus: "The Hon. W. J. Purman, Repre sentative in Congrcss, for West Flor ida, and arrived in the city this week. On Thursday morn ing they wore both fined $10 and cost* & Uw for Wieg drunk and disorderly 011 the streets. Tliey visited, early on Wednesday evening, the "Melodcon," one of the variety places in the'eity, attending a ball giv en there. The beer girls, by (heir at tention to their wants, filled them np, and visions of beauty and wine floated before their beer-hazed imaginations and tliey started out to seethe siirhts of the city. Being a little boozy and somewhat noisy, Marshal Ton rat in vited them to appear at, the Mayor's court and, as our mayor has a little State pride, Jic allowed them to plead guilty without appearance, they paying tho above-mentionod fine and costs. Comment is unnecessary." SQUEALS Henry Watterson, late major in the Confederate army, and member of Congress from Louisville, writes a long letter to his paper, the Courier Journal, giving up the ghost. He intimates that he was originally against the Electoral Commission plan, and in favor of Inaugurating Tilden by his one hundred thousand Kentuckians, but that the democrats were given away by Mr. Tilden'sman Hewitt, of whom Mr. Watterson says: "Congress met, and Mr. Hewitt, the oflicial head of the rarty, appeared in the capitol befuddled with self mvstification and vanity. Precisely what distinct plan, if any, this flighty, incapable person may have had, the world will never know or care to know. The country saw him chiofly as a bob-o'-link scudding, cloud-like, between the white house and the oflicc of the Associated Press. Presently, certain among the representatives of the people, a somewhat slow and be lated class, grew restive. Such, the official head of the democratic party, one hand upon his heart and the oth er in his pocket, silenced with the patriotic ejaculation "I had rather see Hayes inaugurated than shed one drop of blood.'' Considering Justice Black's saying that either party stood ready to surrender when satisfied (hat the other meant to fight, the wisdom' no less than tho patriotism, of Mr. Hewitt's epigram will be realized. He concludes his wail as follows'. I am sure that I cannot see the wisdom, or the blessing, in this pres ent business but, for my part, I mean to accept it, as 1 have accepted many things, "on faith," faith in the creative principle of the universe, faith in human nature, faith in the future. I'earnestly advise everybody to do the same especially urging up on democrats the good sense, as well as the duty of doing these things, to wit: 1. Proservo the party organization intact, without a flaw or doubt. 2. Suppress violent thoughts and extreme ejaculation, for anger never mended any cause. 3. Treat Hayes like a gentleman until he proves himself a usurper by his acts. Eight to Seven. St. Louis Globe-Democrat. 7. Let ns have a fair count—8 to 7. 8 to 7. In hoe siyno Hayes gels in. Let us have peace, by a vote of 8 to No use counting any more. It is 8 to 7 all round. 8 to 7 is a tremendous majority, when the 8 arc on your side. Bradley is a great, man. Let him not weary in well doing. The tow-line covered itself with gloty yesterday by a vote of 8 to 7. We hope no Democrat will be al lowed to forget that the vote was 8 to The Republican parly may now very properly be called tho party of eternal 8. By a vote of 8 lo 7 the Democratic party is licatcn once more and for ever. 8 to 7 is a beautifoi figure of speech, and will makca first-class epitaph for the Democrats. The Democrats want to jump the game because they can't take the eight spot with the seven-spot. "Would you walk into my parlor?" said the spider to the fly. The fly walked in, and by a vote of 8 to 7 he got hurt. F.vcn a bar'l 'o money can't make seven beat eight. It is a sad epoch in our country's history when such is the case. Col. Armstrong swore a blue streak at a man yesterday for simply telling him that he went to dinner at six and ate to seven. The Democratic Party Dog is Dead. The "1 emocratie'' party dog is dead. The game is played out. If there were any need of proof that the wan dering minstrels of a fading habit of prejudice, who go about singing an cient ditties to the glory of a putrid reminiscence, and styling themselves a democratic parfv. are politically the most, contemptible humbugs that ex ist on God's green earth, the most ample and over-abundant proof would be the hopeless imbecility shown by the representatives and managers of that aggregation of hum hugs, since the November election. The controlling section in the pres ent House of representatives isa body of spoil-seeking politicians almost be neath contempt for the feebleness and politieal ainilessness. It is the weak est, most pusillanimous and con temptible representative body ever assembled at Washington. It is an aggregation of partisan odds and cuds a thing of "shreds and patches a combination of cross-road politi cians, confederate colouels, "granger' idiots, partisan mountebanks, and po litical charlatans of the lowest order. There are a few, very few, men of brains, who, with experience, would develop faculties of statesmanship: but their number is so small and their inexperience so great that their in fluence amounts to nothing in etl'cct. Some of these—notably Messrs. llurd and Walling,of Ohio,and Mr.Thomp son, of Massachusetts—deserve praise for the manliness of their protest against the perfectly infamous dirt eating of the iiourbonic Bayard, Kernau, Hewitt, Randolph, Tucker and the wholo phalanx of "recon structed"' southern humbugs. i^et not those demagogues flattcr themselves that "the waiting game is theirs." They have been playing the waiting game these many years, with results that have not been satisfaeto. ry. That game, too, is played out. Let them not hug to their fossil bo soms the delusion that an "appeal to the people"' will be heard. They have too ofteu betrayed tho confidence a too credulous people have reposed in them. They have too often forfeited the popular trust they have asked for and received. They may appeal to the people but the appeal will be in vain. The "democratic" party dog is dead. The last change of the nation al administration which implies change in the offieeholding class has been made.—Chicago Time* idem.) Tilden's Varieties. "Burleigh,1 in Modioli Journal. Whoever writes up the history of Samuel J. Tilden for the last twenty years will lind materials for a spicy volume. He has had a finger in near ly every mess that has been concocted during that period. When the steal ing was the most audacious from the city treasury, the rulers were Boss Tweed, Boss Connolly, Boss Sweeney, Boss Genet and—Boss Tildcn. Tilden was by no means tho fool of the crowd, lie was the chairman of the New ork State committee wlicu Uriswold was counted out of the governorship. Tildcn was also an original barn burner, and author of tho Wilmot proviso. In 1817 a club to oppose the extension of slavery in the territories was organized and met on the corner of Eighth street anil Broadway. Tilden drew up a protest in tho words of Jefferson, and put it into the hands of several members of Congrcss, that if one failed another might cat eh the eye of the Speaker. Tilden went to Washington to engin eer the thing through and was success ful. Wilmot got the floor and made himself immortal. Tho following item, from the Ham burg Democrat, must be acomforting morsel to the Hamburgers: "No use in paying |30 and |35 for eoflins that you can buy at Albcrson's shop for ITTWiirw^ifrifriffitfrtfiitfiiiW MIMCELLiNY. "WHICH TOR WHO?"' ABlack Hills Tragedy. New York Sun. A dozen men—journalists, hunters, Indian-fighters, and miners—sat around a camp firo on the trail to Dcadwood. Soft flakes of snow sailed in eccentric course through the nightair, and finally settled down into the spluttering fire or upon the cold earth. There were other men on tho trail before and behind. Men rush wher ever the precious metal is discovered. There were broken wagons, dead horses, and human skeletons along every mile of the trail, and fierce eyed Indians looked out from every ravine and down upon travelers from every hill. The dozen gathered closer as dark ness shut down and the snow flakes came faster, and by-and-bv and old man with grizzly locks and piercing eve, said, as if speaking to him self: "Custer went in to kill. It was an awful thing to do—to rush 300 men down upon 3,000 reds, bnt he did it, nnd meant to win. No other man will ever take such chances." And yet one was near by who meant to take greater chances. So cat-like was his step that he had al most entered the camp before the sentinels saw him. lie was a giant iu size, and as he halted where the light of the Are shown full in his face, three or four men uttered ex clamations of surprise and horror. There was blood on the stranger's fa ce—blood on his great rough hands blood over his clothing clear down lo his boots. It was a terrible sight, and yet, as if something further was needed, the stranger turned his back, lo the men, and they saw that an at tempt had been made to scalp him. 'Water—food he widspered as lie looked from face lo face. Both were given him, and after drinking a full quart of water, he grasped a loaf of bread and a hunk of meat, and tore them with his teeth as a wolf would have done. By and by, when his hunger had been ap peased, lie said: "It happened off this way, nigh to twenty miles. I lost tho trail some how and the red devils swooped down at noon on me to-day. The old woman and five children were in the wagon. There were forty or fifty reds, and it wasn't three minutes before the hull family was dead—all but me His eyes blV.cd with fury he ccmcd to grow in height, and cast ing the remnants of food into the fire, he fiercely shouted: "Think of the old woman haviug her brains beaten out by the fiends Think of the children being hauled out'n the wagon and scalped and tabbed and their throats cut from ear to ear! Come oil—come with me lie leaped over the fire and bound ed away iuto the darkness, but pres ently returned and said in a calmer voice "I fit, of course. It was which for who, but they were fifty to one. 1 drove'em from (lie corpses. I club bed 'em oll'with my rifle, but they were too many. They shot and stabbed me they run me to the hills and have hunted me all the aftcr- noon. The giant trembled like a leaf, and the fresh blood ran from his wounds and trickled down in red paths over his ncck and cheeks and clothing. The leader of the party tried to sootli him, promising aid as soon as day light came, but tho stranger waved his arms and cried out: "What can you do? The wolves are feeding on mv wife and children to-night their scalps are back in the hills with the Indian devils! Can yoti bring life back to them? Give tilt: a gun and an ax."' No one moved for two or three sec onds, being spellbound by his wild look and words, and .the stranger picked up a cavalry carbine and its liox of cartridges, seized the light ax used about the camp fire, and in an other minute was lost sight of in the darkness, calling back, as his step was lost to hearing: "It is which for who!"' Next day about mid-afternoon the party came upon two dead Indian ponies, lying between tho trail and the foot-hills to the right. A few yards further on was a great stain of "blood on the two inchcs of snow overing the grass. A warrior had fallen here and had been carried off bv his comrades. There was a trail of a white man on foot, heading for the foot hills, but moving slowly, aud there wore plain traces that the man halted every few rods to use his weapons. AH along the trail were the hoof tracks of ponies, aud an old hunter shook his head and said It is the man who left our camp last night. Back thar is wliar the reds just sighted him, and he stood in his tracks and killed two ponies and one Injun. There was a gang of forty or fifty reds, and the white man moved to git among the hills and have fair play. Just look thar!" Fifteen or twenty rods ahead were three dead ponies, lying close togeth er. The baud of redskins had made a charge upon tlie lone man at this point, and be had met them bravely. The snow told everything. Standing iu his tracks, aud not lifting a foot, except to wheel around, he had whip ped the whole gang! There were three dead ponies, within a hundred feet of the white man's position, and again the snow was crimsoned with two great patches of blood where the warriors had fallen. "Great God but how he fit!" whis pered the old hunter, as he saw how the snow had been trampled down "but they wounded him here."' So they had. He had retreated slowly, seeming to have no fear, aud along* his trail was a track of blood. The first hills were a milo away and straight for the hills ran the bloody path through the snow. There were no sounds of conflict—no red demons in sight. "Which for who" had met them early in the morning, and the tragedy had been played before the sun was two hours old. Again, be tween the three dead ponies and the first hill the white man had been charged by the entire band. They had circled uround him and then charged at a common centre. One lone man, armed with a carbine and an ax, was the centre. Thirty, forty, perhaps lift)', to one, and yet he had not weakened iu the least. On the right was a dead pony, on tho left two crimson spots in tho snow Ahead toward the hill a horse had fallen and struggled up, and half a dozen trails of blood could be count ed. The Indians had given away, and at a slow pace the white man had resumed his journey. '•You will see a sight to make your flesh crawl over in the hills whis pered the hunter, and the party slow ly advanced. The lone man had not hurried his pace. The yelling, howling, whoop ing, redskins galloping around hiin, firing upon him and sure of his scalp, had not shaken his nerve. Over the hill, across a little valley, up a ravine, and there was the end. The white man could go no further, aud there be stood at bay. "May the lord have mcrcy on him gasped a miner as the little band looked over the field of battle. There were dead and wounded ponies there were blood patches on the snow, and four Indians, stark and stiff, wero ly ing to one side, the survivors not hay ing horses enough to carry off their dead. At tho bead of tho ravine tho snow had scarcely a color except red. The redskins had charged in a body, and dropping his carbiuo when the last cartridge was gone, the lone man had used liisax with awful cfl'ect. They had shot him and struck him with tomahawks, aud when life went out ho had more wounds than could be counted. There he lay, the ax still clutched with giant's grip, his eyes wide open, his body covered with wounds, and before him was a record to prove a moro terrible fight than Custer's. Ho had fought fifty men single-handed. He bad driven them back again and again, and a dozen lives had been taken for his one.— "Which for who," he had said, aud "who" had won, but it was not a vic tory for the red man to boast over.— When they rodo ont of the valley ev trjr horaeba* topfrk hi) 1— otj liviug and dead, and yet some had to be left behind. The party could not dig up the fro zen ground to givo the brave man burial. Fifty miles away tho gaunt wolves were tearing at the bodies of wife and children. As the party turned away from the horrible sight, gaunt wolves crcpt down to strip these bones also. Tliey rushed froiB corpse to corpse, gnashing their ycl* low fangs, and before the sun went down another record of plains aud hills was hidden from sight of the traveler. Small Farms Pay Best. The insane desire possessing the minds of a majority of farmers is more land aud larger farms. Not content with as many acres as they can till to advantage, or with econo my and profit, they watch and wait until they can obtain another eighty or ndd a forty to their already too large possessions. Enough is as good as a feast, and too mrch is more than a famine. Farms in our great West are altogether too large, one reason being because no long years of labor are required to remove the forests and prepare for the reception of seed and the purchaser, instead of taking eighty acres and doing the work thoroughly, will buy half a section and only half perform anything he may undertake. We arc ready to confess that the soil is rich, and will do its part of the work well but a rich soil and bright sun, with rain, dews, and genial climate, arc not all that is required to show a balanco on the profit side of the farmer's ledger. A careful and practical gardener or farmer from the Old Land, or even New England, will make a handsome income from the neglected spots on the averagc.farin. What use is there in owning 160 acres of laud to use only CO acres and why pay interest on the extra hundred acres when less than half of it will not only produce all yoii obtain from tho larger farm and spare you hours of useless con cern because the untitled portion is not producing An illustration of how large farms work failure to their owners, is be fore us now, in the instance of the Sullivan farm of 10,000 acres if it has not swamped the owner it has dragged him down until ruin was so near that recovery was only possible in dividing up and disposing of the acres that were moro than he could make profitable. There is a point beyond which, in farming as well as business, results arc obtained only by more than pro portionate expense. A merchant may sell $100,000 worth of goods at fair profit, but the expense and extra cost necessary to increase it to $130, 000 not unfrcqiiently occasions actual loss. A farmer inay till a farm of IfiO acres and have a fair balancc left each year, but when he adds the next 1(X) acres lie has put about his neck an anchor that may draw hint under. Agoin, we say the farms are too large on an average. More farmers arc what we need, not larger farms do better the work that is undertak en employ means that will take out of the soil the most from the fewest acres use every foot of groumd you own, and be content to put your profits out at savings, and not'iuto more land that will burden you with debt and put an end to gain.—Facto ry and Farm. Too Many Small Horses. Perhaps it would bo better ex pressed and more to the point to say heavier horses arc the need of the times. Trotting horses, pacers, run ners, or any other gait are all right in their places, but the majority of hors es are for labor, and not for show: they are on duty as producers, and are valuable in proportion as tliey can do work thev are the motive power on the farm,"on the highway, in the large towns and cities—as in dispensable as bread and butter. Prices of large horses of all breeds, that are compactly built and con structed on good rules of proportion, rule high and pay well for handling. [•lugs"' and scrub stock arc cheap, anil will bo even less in price than heretofore, as all who employ teams are fast learning that a heavy strong team costs no moro to keep than a light, poor one, but even less, and can do much more service. A farmer should have at least one heavy, strong team. 11c may own a small, light span, but for plowing and general use, the heavy team that is seldom urged beyond a fast walk on the road and will take a fourteen or sixteen inch plow and go all day without any evidence of weariness, is the one to depend on. The market is full of semi-fast stock they do not command a_ staple price, but depend wholly 011 circumstances for their margin of rolit, if any, that they yield. Pure looded Norman or Clydesdales may not be the best for their exclusive na ture, but by crossing them with good native western stock there can be produced a superior grade of horses that will command good prices and be in demand at all times. Farmers should not be indifferent to this fact, and when they propose to raise a colt, select from that stock which will insure a heavy horse it may cost more in the beginning, but will net larger returns in the end. »ood horses, good cattle, good sheep aud hogs, arc a good ileal the cheap est.—Factory and Farm. Horrible Details of a Shipwreck, BOSTON, Feb. 21.—A letter received from Capt. Kane, of the schooner, F. E. McDonald, dated (Joree, West Coast of Africa, Jan. 21th, says, on his outward passage from Boston, he fell in with tho wreck of the British bark, Marie, Capt. tirayson, having ou board two survivors of a crew of fourteen men, the others having per ished from exposure and famine.' The wreck was discovered in lati tude 38 deg. 23 min.,and longitude 32 deg. 30 min., with the mast gone and full of water. The two men were taken on board the schooner, but one died within four hours. From the sole survivor it was ascertained that the bark was bound fromDeobo, Oeorgia, to Belfast, Ireland that she spruug a leak iu a gale and filled witli water, so it was impossible to save any provisions or fresh water. The lumber with which tho essel was ladened prevented her from sinking, but the weight of the masts turned the vessel on her beams ends until the masts broke away, when she righted and the men re gained the deck, llav ing no food or water tliey soon began to die of starvation, and as soon as one died tho rest subsisted upon the dead body, and so on until only two were loft. The survivor, Jas. Mc Laughlin, belongs to Belfast, Ireland, and^ says only small portions of the bodies could be eaten. No one was killed, but the moment one died the survivors cut the throat of the dead man and drank his blood, then divid ed the heart and brains. It was thirty-two days from the time of the disaster until tho wreck was sighted, and during all that time the crew had not a drop of water or other food tliau the bodies of dead shipmates. Disappointed. NEW YORK, Feb. 23.—The President having prohibited a parade yesterday, of tho so called re-organized rifle and sabre clubs, at Columbia, South Car olina, they passed the day in gloom. From the flag stall" on tho public buildings, the stars and stripes float ed at half mast, draped with black crape. Tho same insignia was ob servable in many other portions of the city and business was generally suspended and the city exhibited all the quiet of a sabbath day. About four o'clock, p. m. w hen a a number assembled at a public hall to hear an address by a distinguish cd republican orator, on the life of Washington, as contrasted with that of President (.• rani, this speaker iutimat tliat the order from Washington pre venting the parade, was not intended to be put into execution until the mi litia companies wero marching when the United States soldiers were to have been ordered out. Sulolds. Council BLUFFS, Feb. 22.—Andrew J. Moreland, ot Lynn county,enroutc to Colorado, committed suicide by shooting himself through tho head on the west bound Uuion Pacific train as it was leaving this city to-day. Tho deed is supposed to have been jirompted by despondency caused by THE COUNT HOES ON. Michigan and Nevada Objected to but Overruled by the Senate. Mr. Norwood said that when he signed the objection to tho vote of Crossman this morning, he knew nothing of what the proof would be. lie was satisfied now that the evi dence was not sufficient to exclude the vote of this elector. The substitute of Whyte was re jected by a strict party vote, yeas 27, nays 3!). The question then being on the resolution of Allison, McDonald mov ed to amend tho first resolution, so that it would read Jicsoh-cil, That the objection made to tho vote of Daniel L. Crossman, one of the electors of Michigan, is not sustained by lawful evidence. Rejected, yeas 2I, nays 38—a strict party vote. Mr. Cooper demanded a separate vote 011 the resolutions, and the first one, as submitted by Allison, was agreed to by a vote of yeas 10 nays 17. The second resolution was then unanimously agreed to, yeas 63, nays none. Mr. Christiancv moved that the House be notified of the action of the Senate, and also that the Senate was ready to meet the House ami resume the count. Agreed to. At :15 a message was received from the houso announcing the ac tion of that body in regard to the vote of Crossman, and the senate proceeded to the hall of the house of representatives to resume the count. Oil returning the objection to the vote of R. M. Daggett, an elector from Nevada, submitted in the joint meeting, was read and also the tes timony of Daggett taken by the com mittee on the powers and privileges of the house in regard to his hold ing the office of clerk of the United States court, but which he resigned oil the lith of November last. Mr. Jones, of Nevada, submitted a resolution that the vote of li. M. Daggett be counted with the other votes of Nevada, notwithstanding the objection made thereto. Agreed to unanimously, and the secretary was directed to notify the house. At t! :1" the secretary returned and reported that the house had taken a recess be fore lie reached the hall. The senate then took a recess until to-morrow. HOUSE. When Michigan was reached in the count of the electoral vote, Tucker objected to counting the vote of Daniel L. rossman, a republican elector, claiming that Crossman had not been duly appointed. At 1:3,» the senate and house met in joint convention, and President Ferry, after tho usual preliminaries, said that the two houses not having decided otherwise than the decision of the commission on the vote of Louisiana, which Senator Allison, as the teller announced, was according to the commission's report, eight for Hayes aud Wheeler, would stand ap proved. The counting then pro ceeded, and Maine's seven votes were recorded for Hayes ami Wheeler, Maryland's eight for Tilden and Hendricks, Massachusetts eight for Hayes and Wheeler. Tucker objected to the eleven of Michigan being counted, on account of the ineligibility of Daniel I Crossman, and declaring that one Benton Hanchett, having been elect ed elector for Michigan, and having held, and still holding the office of United States commissioner, had ab sented himself from the electoral college, aud his place had been tilled by the remaining electors. The ob jector claims that Hauchett's being absent did not create a vacancy, aud therefore Crossman was not duly ap pointed. The testimony of Hanchett that lie never resigned his office, and therefore remained away, is also sub mitted Senators Norwood, Wallace, Bar nn and Bayard, signed tho objec tion, anil representatives A. S. Wil liams, Tucker, Vance, of Ohio. McMahon, Rice, Sparks, Maisli, Savage and llurd. The senate then withdrew to allow each house to consider the matter separately. After the senate retired, Southard moved a recess until to-morrow. llr. Hale raised a point that the electoral bill would not admit of a recess. J. M. IIEDRICK & CO., PROPRIETORS. OTTUMWA, WAPELLO COUNTY, IOWA, FEBRUARY 29,1877. ESTABLISHED (848—VOL. 28, NO. 46. HAPIIie. SENATE. WASHINGTON, Feb. 20. Upon returning at 2:30, the secre tary read the objections to Crossman's vote. Mr. Allison then submitted a reso lution that Crossman's vote be count ed, notwithstanding the objection. Mr. Stevenson asked Allison if he knew Hanchett was not a govern ment officer. Mr. Allison said "No," but ho heard the testimony read before tho joint meeting. Mr. Bayard said the testimony was not as dear oil the very important subject as the senate might desire. After considerable debate, Allison modified his resolution to read Resolved, That the objection made to the vote of Daniel L. Crossman, one of the electors of Michigan, is not good in law and is not sustained by any lawful evidence. Jicsoh-ed, That said vote be count ed with the other votes of electors of said state, notwithstanding the objec tion. Mr. Why to said he could not vote for the resolution of the Senator from Iowa as it stood. He therefore sub mitted the following as a substitute. Ordered, That while it is the ^ensc of the senate that no senator or repre sentative, or person holding an office of trustor profit under tiie United States, shall be appointed an elector, and that this provision of the consti tution shall be carried iu its whole spirit into rigid execution, yet that the proof is not such as to justify the exclusion of the vote of Daniel L. Crossman as one of the electors of Michigan, and his vote .should be counted. Speaker Randall over-ruled this point. Mr. Wood opposed a recess. Mr. Tucker disclaimed the author ship of the motion to ad journ, and of a desire to delay proceedings. Mr. Southard defended his motion, declaring that members should have time to consider. He de-iivd delay, and was in no haste to install a man in the presidential chair sever al days before the constitutional time. On a standing vote, the motion was defeated by a large majority. The yeas and nays wero demand ed, and resulted, nays 1!2, yeas Mr. Tucker .then stated and argued his objection. Mr. Conger said it was not the lirst time a great statesman had jumped at a conclusion without knowing the law, and quoted the law of Michigan, showing that Crossman wras duly ap pointed. Mr. lluckncr alluded to tho unani mous decision of the supreme court of Rhode Island against Conger's proposition. Mr. Bright supported tho objec tion. Mr. Lawrenco argued from the statutes of Michigan that no vacancy could occur that could not be sup plied. As iu this case there w as, moreover, no proof of Hanchet's dis qualification, and could not be. be cause the houso was iucapablc of tak ing such proof. Mr. Foster of Ohio, representing Governor Hayes' district, said: "This is no timo for mere partv exultation, but for exultation over the escape of the country from threatened danger. He rejoiced, not iu a party sense, that one of the purest and most patriotic of our fellow citizens is to guide gov ernment aft'iirs for the next four years to come, nnd said, representing, as I do, tho district in which liov. Hayes resides, and being a life-long acquaintance of his, 1 but speak the opinion of all persons who know him when I say that his administration will be wise, patriotic and ju-t. not withstanding whatever may be said to tho contrary here or elsewhere The people of all sections of the eoun try may confidently expect from him not only a fair but just consideration His letter of acceptance is the expres sion of a man of tho broadest and i!«ftleat patriotism. ftsl oertsin that 1 shall be sustained by his acts when I say that his highest ambition will be to administer the government so pat riotically and wisely as to wipe away every necessity or excuse for the for mation of parties on a sectional basis, all traces of party or color lines that thereafter and forever we shall hear no more of a solid south or a united north, the flag shall float over states, not provinces, ever freemen, not sub jects. When (.iovernor Hayes ap pealed to the people of tho south in his letter of acceptance, he addressed them as my fellow "countrymen,"and why not his countrymen i Are not the southern states the equal of those of tho north, cast or west and is not the the south an integ'.-al part of the nation? It has been said, sneeringlv and for the purpose of stirring up the passions of the human heart to bad actions, that the south under President ilaycs must make to an unconditional surrender to the repub lican party. No. sir, no such demsnd will be made All that will bo ex pected is the patriotic co-operation of southern patriots ill the great work of restoration, through tho union, the constitution, and the enforcement of the laws jii this great work in which the representatives of the south have already distinguished themselves for patriotism and statesmanship during the pendency of the present crisis in our history. Mr. Jcnks offered the following as a substitute for Tucker's amendment: WIIKIIKAS, The fact has been estab lished that it is about twelve years srtnee the alleged ineligible elcetor ex ercised any of the functions of the office of United States commissioner, and as it is not sufficiently proven that at the time of his appointment he was an ofiicer of the United States, therefore Resolved, That the vote-objected to be counted. The substitute was agreed to with out division, and the senate was thereupon notified of the action of the house and of its readiness to meet the senate in joint convention. At5.-20 the senators again entered the hall, the presiding ofiicer took the speaker's chair, and the joint conven tion resumed its session. The con current action of each house in over ruling the objection in the case of the Michigan elector, was reported, and the votes of that state were announced as being cast for Hayes and Wheeler, Mississippi, with eight votes, for Tilden and Hendricks, Mis souri, with fifteen votes, for Tilden and Hendricks, Nebraska, with three votes, for Haves and Wheeler and Nevada, with three votes, for Hayes and Wheeler. Mr. Springer objected to the count of one vote of Nevada on the ground that Elector R. M. Daggett was at the time of his appointment, and for a long time previously and thereafter United States Commissioner. The objection was signed by Springer, Tucker, Vance, of Ohio, Sparks, Savage, Maish and Jenks, rep resentatives, and bv senators Barnum, Wallace anil Hereford. The objection having been read the senators withdrew, and Springer moved that the house take a recess until to-morrow. At lirst there was a majority of twenty against the mo tion, but several republicans changed their votes to yea, and the motion was declared carried, !t(i to 87. The house therefore took a recess till to morrow. Oregon this Time. HOUSE. WASIIINOTOW, Feb. 21. Springer, who yesterday objected to the Nevada vote, offered a resolu tion that the vote be counted, and ex plained that an error had been made in describing the office held by Dag gett, as that of United States Com missioner. while testimony showed he held the office of clerk of the United States Court. After a number of specchcs of no special significance were made, a vote was taken on Springer resolution that tho vote of Daggett be counted, and it was agreed to without division. The Senate was then notified that the House was ready to continue the count, and the two bodies met in joint session. JOINT CONVENTION. At 11:45 the Senate and House met in joint convention. Tho presiding officer having called the meeting to order, he directed the reading of the resolutions of each house iu favor of counting the vote of Nevada. The teller then an nounced that Nevada had cast three votes for Ilaycs. Then followed in succession the states of New Hamp shire, with live votes for Ilaycs New Jersey, 9 votes for Tildcn: New York, 35 votes for Tildcn North Carolina, 10 votes for Tilden: Ohio, votos for Hayes. The presiding officer now opened and handed to the tellers a certificate received from Or egon. It was read by Stone, and proved to be a sworn certificate of the 3 Hayes electors. The papers contained a full statement of the do ings of the three electors, the resig nation of Watis as post master, his subsequent choice by the other two electors, aud the original ballots east by the three electors. They were read in full. The presiding officer then handed to the tellers the certificate of the three rival electors, Cronin, Miller and Parker, authenticated by the signature of the (iovernor and Secre tary of State, with the seal attached. This certificate gives two votes to Hayes aud one vote to Tilden. Senator Mitchell presented objec tions to the certificate of Cronin, Mil ler and Parker 011 the following ouuds: First.—Because neither of said persons was ever appointed an elec tor by the State of Oregon iu any manner whatever. •cond.—Because it appears from the records and papers contained and attached to the certificates of Odcll, Cartwriglit and Wattsthat they were duly appointed electors, and cast their votes as such. Third.—Because it does not appear trom the face of Gov. Urover's cer tificate attached to the returns of Cronin, Miller, and Parker that such certificates was issued to the three persons having the highest number of votus for elec tors, but was issued by him to per sons whom lie deemed eligible, though one of them, Cronin, was not appointed thereto according to the laws of Oregon. Fourth—Because it appears from the certificate of the Secretary .of State in pursuance of law declared, and that therefore the certificate of the (iovernor, in so far as it omitted to certify the name of Watts as one of the ejectors appointed, and in so far as such certificate contained the name of Cronin as one of the electors appointed, it falls to conform to the act in such cases made and provided, and to tho law of Oregon, and that such certificate is as to said Cronin without authority and of no effect. Fifth—Because it appears from both certificates that Odcll and Cart wright, a majority of the electoral college were duly appointed electors by Oregon in the manner directed by tho legislature. That their record presented to the President of the Sen ate and by him to tho two houses shows that a vacancy in the office of elector existed on the day fixed by law for the meeting of electors anil that such vacancy was tilled by the appointment of Watts. This objection is signed by Sena tors Mitchell and Sargent and Rep resentatives Lawronce, Burchard, of 111.,and McDill. Senator Kelly presented objection to tho certificate of Cartwright Ode'l and Watts. It is signed by Senators ICelly, Bo gy, McDonald, Stevenson and Coop er, and Representatives Field, Tuck er, Lane, Jenks, Walling, Clyiner, Wiggington, l'opelfon. Vance, of Ohio, llurd and Luftrctl. First—The papers purporting to be certificates ot the electoral vote of )regon have not annexed to them tho certificate of tho Governor of Ore gon as required. Second—The papers have not an ucxed to them a list of the names of Cartwright, Odcll and Watts as electors, to which the seal of the State of Oregon was affixed by the Secretarj- of State of Oregon and signed by tho Governor and Secreta ry I Third. It was the right and duty of the Governor of Oregon, and un der tho laws of that Blate to give a certificate of election or appoint an elector to John C. Cartwright, Win. H. Odcll and E. A. Cronin, they be ing the three person capable of being appointed presidential electors, who received the highest number of votes. Fourth. Cartwright and Odell had no_ right or authority in law to ap point Watts au elector on December lith, 187(i, as there was rto vacancy in the office of presidential elector on that day. Fifth. Cartwright and Odcll had no right or authority in law to ap point Watts an elector on December tith, inasmuch as they did not ou that day compose or form any part of the electoral college of Oregon, as bylaw constituted. Sixth. Cartwright and Odcll bad no authority to appoint Watts an elector on December Gth, because on that day Watts was still postmaster at Lafayette, Oregon, and was hold ing said oflicc of profit and trust. Seventh. Watts, who claims to be an elector in the above described cer tificate, was in February, 1873, ap pointed postmaster at Lafayette, Or egon, and was duly commissioned and qualified as such postmasier, that being an office of trust and profit un der the laws of the United States, and continued to be aud act as such post master from Feb, 1873, until after November 13th, 187(1, and was acting as_such postmaster 011 November 18th, 1870, when the presidential electors were appointed by Oreron, and that he was ineligible as a "presidential elector. Eighth. When the (iovernor of Oregon caused lists of the names of the electors of the state to be made and certified to, such lists did not tontain the name of said Watts, but did contain the names of Cartwright, Odell and Cronin, who were duly appointed electors. All objections to the Oregon cer tificates having been presented, they were referred to the Electoral Com mission, and the Senate retired to its own chamber. SENATE. Mitchell, from committee on elec tions, submitted a long report in the case of Oregon electors, and moved it be printed in the record. Objections made by Davis and Ker nan, who claimed the report should be printed as other reports. Mitchell withdrew his motion and the report was ordered printed in the usual manner. The report summarizes the law and facts and declares that Watts was el igible when lie cast bis vote. That under the laws the Secretary of State is the canvassing officer and officially declared the republican elec tors elected. That Grover issued a certificate to Cronin instead of Watts ami gives the facts concerning cipher telegrams between pronounced dem ocrats and concludes with exonerat ing Senator Kelly, concerning his en dorsement of cipher dispatches. THE ELECTORAL COMMISSION WASHINGTON, Feb. 21.—The Elect oral Commission met at 1 o'clock. The President laid the papers receiv ed from the two houses before the Commission and 011 motion of Ab bott they were ordered printed. The papers were then read by tho secre tary. Senator Kelly announced that he aud Jenks would appear as objectors to certificate No. 1. Sargent announced that Mitchell and Lawrence would appear as ob jectors to certificate No. 2. Kelly asked an order for the pro duction of the commission and resig nation of Watts from the postoffice department also that Mitchell and Watts might be subpienaed as wit nesses. Judge Clifford asked if witnesses were within rcach. Senator Mitchell said tliey were both iu the room. Orders in both eases were granted, and at request of Senator Kelly, a recess half an hour was taken, to al low him to peocure Decenary booka, etc. The Commission was called to or der again ten minutes past two, and Senator Kelly proceeded to submit his objections to certificate No. 1. He said he presumed that there would not be any dispute of the third objec tion, viz: that Watts was postmaster, and they were prepared with proof to sustain the allegation that this was an office of profit or trust. The con stitutional inhibition was as clear as language could make it. Kelly ar gued that if Watts was not qualified 011 the 7th of November, when the election took place, he could not be elected at any subsequent election. I11 the Vermont case, bo said, tho leg islature had been convened and had decided that Sollace, being postmas ter, was a Federal officer and conse quently ineligible, and hail filled the vacancy*. The Rhode Island legisla ture hud taken a similar view and filled the vacancy in like manner. He contended Watts had power to use the provisions of the constitution, and that if the State of Oregon hail excluded an ineligible elector she had but done her duty, lie contended that by the constitution aud laws of Oregon, the person receiving the next highest number of votes was en titled to be declared elected. The election was by law required to be held November 7th, aud there was not time to hold a second, neither was such a subsequent election au thorized. Kelly argued that this wqs a ques tion for the executive^and the (iover nor had a right to decide. The (iov ernor has, he said, a right to inquire iuto these facts, lie has a right to inquire into the ineligibility aud is sue a com mission when there is any infraction of the constitution. In other words, in the very words of the constitution, "be shall see that the laws are faithfully executed." Shall he quietly, knowing that this man Watts was a postmaster, holding an office of trust under the Constitution of the United States, and when he was sworn to support the Constitution of the United States and the State of Oregon sec both trampled underfoot by giving a certificate to a man who is ineligible. The Governor of Ore gon and the Secretary of State arc the,persons to eauvass these votes. There is no evidence that there was a canvass by any other person. It is for them, and only they have decided. They have given "their certificate that these three gentlemen are eligible I mean including Mr. Cronin. It matters not how they came to that decision. The presumption of law will always be that it was upon suffi cient evidence. Hoadley said, my position is that the State of Oregon, through her State officers, has spoken and the result of that speech is the certificate given to Cronin, Odell and Cart wright. These are the only legiti mate, lawful evidences of the act of Oregon in this matter. I submit that the certificate or list signed by the (iovernor or Secretary of State of Oregon and delivered to the college of electors is final and conclusive evidence. Why was the Governor and Secre tary required to sign these lists? It is because tho chief executive of the State and the canvassing officer should unite in declaring who is elected, and when thus signed their signatures give conclusive and final evidence which is required. Commissioner Thurman inquired who. by the laws of Oregon, had custody of the great seal of that State Judge Hoadley said be oould not answer that question. Mr. Matthews said it was tho Sec retary of State, under the constitu tion. Judge Hoadley said that was proba bly correct, but he would add that there was nothing in tho laws of Oregon which authorized any such certificate or exemplification as presented by tho supporters of cor titleafe No. 1. Hoadley argued that tho action throughout was legal, and continued I say Cronin was elected, testing by tho method would a quo warranto run in favor of Watts Would not disqualification have killed his title? Could he by a quo warranto or certi orari contest obtaiu tho seat that CroBlntetdr Uortraor Orovsr, In the matter of issuing his certificate, he tells, ignored tho State statutes and followed that of Congress. If Congress had power to prescribe the form of a certificate, and I believe it had, then such a certificate is no part of the manner of appoincment, and in issuing it Governor Grover could not change the appointment as made and officially determined by the Secreta ry of State as a final and conclusive act in process of appointment. Be hind ithis ultimate determination of the Canvassing Board, neither the Governor of the State nor the tribu nal whose final duty it is to count the votes for President and Vice Presi dent, whether it be tho President of the Senate, the two Houses of Con gress, or the electoral tribunal, can rightfully go. The electoral tribuual can question this or any other pro ceedings down to the boundary line where they touch the manner of ap pointments. There jurisdiction ends. The decision of a State through its canvassing officers being final and conclusive, Odcll and Cartwright be inga majority of the electors consti tuting the electoral college in Oregon, whose title is indisputable and ques tioned by 110 one, not even the Governor in his certificate, but by it approves their certificate as to the fact that there was a vacancy, and that such vacancy was filled by them, is conclusive, not only against Cronin, but all other persons. At the conclusion of Judge Hoad ley's argument, the commission ad journed till 10 o'clock to-morro&." Representative Jcnks next ad dressed the Commission for the dem ocratic side, and after quite a lengthy argument, thus summed up tho prop ositions He had attempted to show, 1st. That the only evidence before you which conforms to the form of law, is the evidence as required by the law of Oregon and the law of the United States—that is, which is certi fied to by the Governor of Oregon 2d. That the act of that Governor is conclusive upon this tribunal in this inquiry. 3d. That AVatts could not be elected, even if he had a majority of the votes. 4th. That the votes be ing cast for one that could not be ap pointed, Cronin, the next highest, was elected. 5th. That even if Cro nin was not elected there was no vacancy, and being 110 vacancy there could be no filling by any college whatever, then the case stands in this way: Cronin comes and votes, two others come and vote but you do not know whether they are the per sons voted for or not, because they do not become identified, as the law says they shall come, but assuming thcy were the same persons who were vot ed for, and properly identified, which of these votes- slioulit be counted Croniu's vote should bo counted as cast, and the other two as they arc cast would be the conclusion I shall come to from these several proposi tions. Senator Mitchell presented objec tions on the part of the republicans, and in his argument said in Oregon there was no law authorizing the Governor to certify a minority candi date elected. The legislature of Or egon might have provided that the electors should be appointed by the (iovernor, Supreme Court or Secre tary of State, but it ud not, but it did direct that properly qualified electors hall be appointed by a plurality of votes to fill it. Ho further argued that a majority of the electors pres ent was a quorum that the act of a quorum was valid to decide whether a vacancy had arisen, and to fill it. He argued that Watts was elected and became de facto that his resigna tion created a vacancy, which was properly filled by his re-appointmont, and that he did act was shown by the record. Watts being an officer, de facto, for that reason his acts were good. Commissioner Edmunds moved that further hearing be postponed until 7 :30 o'clock, and then proceed in the Senate chamber, and that coun sel have three hours and a half on each side for the whole case, includ ing offers of proof and everything. After some discussion among the members of the Commission, Ed mund's motion for recess and for ex tension of time was agreed to, and the commission thereupon adjourned until 7 :30 p. m. The Commission re-assembled in the Senate chamber at 7:30. Merrick announced that Judge Hoadley and himself would appear for the democratic side. Evarts said Judge Stanley Mat thews and himself would appear for the republican side. Judge Hoadley then addressed the Commission. He claimed the princi ples controlling this case had already becn decided in the cases of Louisi ana and Florida, only such documents and papers as if offered aliunde would be competent to be received, may be considered when found with in the envelope sent to the President of the Senate, and the decision of the Returning Board, acted upon by the (iovernor of the State is final anil conclusive. WASHINGTON-, Feb. 22.—The electo ral commission met in the Supreme Court room at ten o'clock. Mathews made an address in op position to the Cronin certificate No. 2, commencing with a denial that they had asserted in the Florida case that a certificate was final and conclu sivc and said they had undertaken to draw a line of demarcation between the act of a state and federal authori ty, which took the matter up after it had left the state. Tliey also under took to draw a line between things aud proofs, betwecu a certificate and a thing certified to, to show that a certificate was but the shadow of the thing certified, being the substance and that where a certificate did not show the thing certified truly, it could be corrected. It was a surprise, he said, to find that these adversaries had not only taken their position on the Florida anil Louisiaua cases, but had gono beyond it and accept a dogma which they had improperly ascribed to tho side with which he was identi fied. He maintained that they stood to-day 011 the ground they occupied in the beginning and which had been followed by the decision of this tri bunal viz: that a certificate based on the returns was conclusive cvidenc of election. In the Florida and Louisiana cases, offers to go behind the returns were made and offers opened stronger and larger as certainty obtained, that they would not be called upon to make them good, and a great deal of patri otic indignation was indulged in at the alleged countenancing of fraud and wrong. Mathews read an ex tract from a decision of Justice Field in the caso of Bradley vs. Fisher, in which the tendency to complaint by a party defeated is shown, going on from complaint, to charges of im proper motives. Ho entered his pro test against the hollow pretensions to morality that had been made the sub stratum of complaint iu this case.— Crouin had been mounted on a ped estal for public admiration. There was no offer to prove that ho, Cronin, was paid $3,000 under pretense of ex pense to Washington. There was no offer to prove the contents of suppos ed hieroglyphic characters. That could not be had. There was no of fer of proof that this was a result of a deep laid scheme to defeat tho will of the people. He wondered when his friend Iloadley, referred to Web ster and Worcester, last night, he did not produce that little pocket diction ary and show the correspondence between Grammcrcy Park, New York and Salem, Oregon. He con tended that the Governors certificate fell to the ground when it was shown that it was not a warrant to electors for the performance of their duties. The law of Oregon required that the votes for electors should be given or received, returned and canvassed, the same as for members of congross and in the case of members of con gress it was made the duty of the Secy, of State, to canvass the votes and there the utatutory directions cud. The statute in relation to elec tors, further provided that tho Secy, of State should certify to the lists showing who had received the high est number of votes aud there the convass ended. The constitution and law stamped that record legal, and the constitu tional result of tho election. They had made proffer of the thing itself, not the proof of the thing, but the actual and substantial result of the oumus, that tm the appointment of the state investituro by a state of real rank and title. All else was mere proof, mere prima facie evidence, to be taken as proof only until confront ejl by proof and shown to bo false. The certificate of tho Governor was sought to be taken here ns a substi tute for tho canvass. It was signed by the Secretary of State simply as an attesting witness, and not as the can vasser of the votes that the possess ion of the commission was not essen tial to a performance of the office, he coutcnded was a well established principle of law. The ccrtiiicato of the Governor of Oregon did not con form to the statutes of the United States or of Oregon. Supposo tho certificate had been authorized, it gave tno election to Odd, Cartwright and Cronin, a body of three persons to meet, consult, deliberate and vote together in tho college, which neces sarily consisted of three he contend ed that one person could not act as a body that the act of a quorum could only be accepted as the acts of a body. This view of the case had been sus tained by a decision of the supremo court of Oregon. In regard to what constituted a vacancy, lie contended that when the object was to keep up a body to its full number for the pro tection and interest of the people when it was sought to guard against every possibility of the college not baing full, tho word otherwise would be construed liberally, and that it was intended to cover all vacancies that might occur that a vacancy ex isted which the remaining members were empowered to fill. Matthews combatted the proposition that the ineligibility of Watts made a non election or that tho votes cast for an ineligible candidate were void. lie also contended that the Englisht de cisions whicli declared that a candi date who was eligible, but who re ceived a less number of votes than iiis ineligible opponent, elected, had not been adopted as the American rule, which was that when such a caso oc curred, neither was entitled to the office. If.^iowever, an ineligible offcer was not objected to, his official acts stood as long as he held office. In relation to self execution of the con stitution, he agreed that unless there was legislative provision it could not bo executed. Tho prohibition of states from making laws impairing contracts could never be executed but for legislation, which provides courts and judicial power to try the alleged violations of the provisions. Matthews closed with.the declaration that he had appeared not as counsel for any party, but iu support of a great Constitutional principle, re gardless of any popular clamor that might be excited. For a Governor to take upon himself executive, judi cial and legislative powers, was to bring about a complication that would make the confusion of the Government inextricable. Judge Strong said counsel had now oc cupied two hours each and still the question of admissibility of evidence was before the Commission. lie thought that it should bo received now, subject to the judgment of the Commission as to its effect. The proposition was adopted, but neither papers called for in subpoena duces tecum served upon the Post Master General, were at hand, nor were witnesses present, and the Commis sion took recess. After recess Merrick offered a cer tified copy of the commission of Watts as postmaster, dated Feb. 13, 1873. Evarts objected to the papers as not authenticated, but said the Post master General was in attendance, ready to verify papers from his of fice. Judge Clifford sustained the objec tion, but said they had a right to have them certified under order of the Commission. Evarts waived his objection and Merrick next presented the commis sion of Henry M. Ilill as postmaster, dated Jan. 3,1877, in which it was re cited that he was appointed Nov. 3. 1876, and that on the 11th day of De cember, he executed his bond and took the oath of office. Postmaster General Tynerwas call ed by Evarts. A telegram from Watts resigning the postmastersbip was produced and it was admitted. This was received Nov. 14th and an answer accepting the resignation was sent the same day. On the 24th of November witness received a letter through special post office agent, Un derwood, in which Watts tendered his resignation on the 14tli of Novem ber. Witness telegraphed to Under wood to take charge of the office, till Watts successor was appointed. On the 24th of November received a let ter from Underwood stating that lie had taken charge of the office accord ing to instructions. Other telegrams were produced to show the details in connection with the resignation of Watts and the appointment and qual ification of his successor. Thurman inquired if there was any law or any rule of the Department that required the accounts of a post master to bo settled before his resig nation could be accepted. The Postmaster General replied that he was not aware of any. Watts was called, and testified to the same facts relative to his resigna tion and its acceptance. J. M. McGrew, Sixth Auditor, was called, and testified that the accounts of Watts had been adjusted ami set tied up to, anil including the 14th of November. Evarts commenced his argument at half past one, with tho claim that the course pursued on this sido in con nection with this case, was consistent with their claims in the Florida and Louisiana cases. In those cases the certificates had been iu accordance with the canvass and they now held that the certificate in this case should conform to the canvass. No 1 con forming to the evidence was conclu sive and therefore maintained that it was the rightful certificate and he charged that the opposition had chauged their positions in the differ ent cases and for that reason had been compelled to change couuscl. Tho Commission Coos Into Secret •oaslon. But Without Voting, Adjourns. WASHINGTON, •Wn^BriifrriViiia Feb. '12.—Evarts then took up the certificate of Odell, Cart wriglit aud Watts,.claiming that in it every requirement of the Constitution had been complied with. He insisted that the evidence ol title rested 011 this certificate and not iu the one which had the Governor's signature. The absence of the certified lists was through default of the Governor and Secretary of State, not through any neglect of the electors. The refusal of these officers to furnish a list, was a desertion of dutv, and such deser tion of duty always had au object. The certificate coutaii.ed more. It contained au abstract of the votes cast for presidential electors as on file in the office of the Secretary of State, a certificate by S. F. Chadwick, Sccrc tary of State that he was custodian of the seal of the state, and that the enclosed was a true copy of the ab stract and he had affixed the great seal of the state to the copy. Besides this there were the miuutes of the college. Tho resignation of Watt was received and accepted. The act had been done openly, under an un certain idea that I10 liii^ht have been disqualified. Watts did his duty, for he would not put in peril one of the votes of the state of Oregon. The votes had been cast and the ballots were here. He then called attention to the wording of the Governor's cer tificate and contended that It did not comply with the act of Congress in that ho undertook to insert the word ••eligible" before the word election, to cover himself from condemnation open aud recognized fraud and false hood. Evarts continued citing the law of Oregon to show that Watts' position was impregnable and that he was elected by a plurality of votes to till a vacancy which was recognizcd by law in every other state. Nothing had been douo in Oregon to defeat the Constitution, defraud tho state or de feat tho election of president. The attempt to do these things had simply been exposed aud tho safety of the state remains unharmed. Mr. Merrick than addressed tho Commission ou tho democratic side- He said the he addressed himself to the tribunal, believing they to their could adhere previous decisions aud apply same principles to the dccislou of the Oregon caae that they did In the STHE pA'tY £OU^IER. Pnbjtihed CTerjflYenlntt—Sunday wceptea. K S s To niSII subscriber! per year TO ma ..47 0 6 month* g75 months month Delivered by carrier, per week OREGON FOR HAYES. Courier Si 2: IJOUHIEH 5|OB DEPARTMENT COMPUTE WITH MIW TYPE ADD PRESSES. rntNTINO OF AI.L KINDS, From a Visiting curl to a Mammoth Poster et eooted In (iooj style. Sastera prices and wor dapilcateil. Florida and Louisiana cases. He must consider that the real meaning, oftlieirjudgmentinthe.se cases was| that the certificate of the Governor! was a conclusive aiv] ultimate act performed by the sta'e,beyond which they had 110 power t-. go. Merrick argued tl xt the laws of Louisiana anil Florida, ii. regard to the ascertainment of 1 rcsup, of the appointment of electors, were similar to the law of Oregon, and submitted that to withhold a commission, or to withhold a certificate from a party deemed by tho Gc .'ernor to be ineli gible to oflicc was a legitimate per formance of a constitutional and proper executive trnst. You have told us, said ho, that the state cannot interfere with an elector, whether he be eligible or ineligible, whether his election be procti -oil by fair means or foul. You have told us it cannot be interfcrrcd with except between tho time of the conclusion of tho lieturn ing_ Boaril_ aud the time of his voting. Now the Secretary of State of Oregon, seeking to perform his duty, and this much-abused exec utive, seeking to protect that State from the odium of having wantonly violated tho Constitution of the United States, had solemnly deter mined that an elector claiming to be elected was not elected. The Govern or of^Oregon could not have given a certificate to au ineligible candidate without violating his oath anil being guilty of an infraction of tho Federal Constitution. Merrick claimed as Cronin held a certificate with the broad seal of the State attached to it ho had muniment of title to the office. What hail Watts? Nothing. The opposing counsel said, in considering the evi dence of the title possessed by Watts, that ho had a certificate from the Secretary of State as to the canvass of tho vote. What did this certificate purport to be It is, he added, "an abstract of votes cast at the Presiden tial election in Oregon." It does no' say the canvass of tho vote to it appear that "abstract" and '*t vass"' •-ere synonomous terms, referred to tho statutes of Ore^. which required the clerks to make oat certain abstracts and send them up. These tho Governor and Secretary of State were required to canvass, anil when they have canvassed these ab stracts tho canvass makes another paper which should bo the paper of record in that office, and which is not here in this certificate. On the subject of vacancy counsel made a point that unless the office had been once tilled there could be no vacancy, and unless once filled there could be no resignation. The vacancy alleged to be filled by these electors was not created by Cronin's absence, but by Watts' resignation. If they had power to fill the vacancy at all, they executed that power by filling a vacancy created by the resignation of Watts, aud not by the non-action of Cronin. At the conclusion of Merrick's ar gument the Commission went into secret session. SECRET SESSION". It is understood that immediately after tho Commission went into secret session, Morton made an hour's speech in favor of counting the threo electoral votes of Oregon for Hayes and Wheeler. Edmunds, in some incidental re marks, clearly indicated that he wo'd vote in the same direction. Justice Miller then made an elabor ate argument to show that there was nothing in the Florida and Louisiana decisions of the Commission inconsis tent with giving the entire vote of Oregon to the Republican candidates. Thurman, Edmunds, Strong and Bradley were not well, and an ad journment was taken at their sugges tion. It was ordered by unanimous vote, and has 110 political significance whatever. It can be added that tliero were no indications this evening -f a break among either the Deinocatie or Re publican members of the mmission, and that there was no vole «-r any ap proach to a vote on the main question at issue. WASHINGTON, Feb. 23, 5:45 I\ M.— Tho Electoral Commission by a vote of8to7havc decided to count Ore gon for Hayes. A Com promise KfTOcted. WASHINGTON, Feb. 20.—By mntnal agreement the Senate Committee on Privileges and Elections, anil the com mittee 011 the Powers, Privileges and Duties of the 1 louse in counting tho electoral vote, have decided not to go into the examination of the papers and accounts of the leaders of either political party. In consequence of this agreement, Ellis, president of the Third National Bank, of New York, will not be required to produce au abstract of the account of Samuel J. Tildcn. at the Third National Bank,' for examination by tho former com mittee, while Hon. Z. Chandler, chair man of the National Republican committee, will be excused from ap pearing before the latter committee with his account-books, papers, etc. This harmonious agreement of the two committees was brought about through the exertion of Senator Bar num and Mr. Kl lis. FOREIGN. Terrible Twenty w the English Storm on Coast Voosols and Lost. «Mir Offtw Kr.iv YOKK, Feb. 21.—A cable des patch states that thirty vessels, many with their entire crews, have been lost in a gale 011 tho English coast, on the I'Jth. Tho area sf tho storm was exceptionally extensive. It embraced the greater part of the British islands and tho whole of northern aud cen tral France. Tho violence of tho storni was extraordinary. Tno force of the gale has enly been equalled du ring recent years, by that of weeks ago. Such bonds shall be in addition to tho loan authorized by tho acts of July, 1S70, and January, 1871. Not more than |2.",000,000 of such bonds in any car, nor more than four millions in any month shall be issued, and the Treasury notes so redeemed shall not be re-issued, but destroyed. No coin mission whatever shall be paid for negotiation of the bonds. The Sec retary of the Treasury is authorized lo issue in exchange for legal tender notes of tho United States, silver coin, to an amouut which, including the amount heretofore authorized, to bo issued by the act of April, 1S7(, Chap ter (Ut, and by joint resolution of July 22,1S7», Chapter 18, shall not exceed: 80,Wtt.00i. and legal tendt.- notes so received shall be destroyed and held as a portion of the sinking fund, tho interest to be computed thereon as in the case of bonus redeemed. Tho engraving and printing must not cosf, moro than one-quarter of one pel' centum of the amount of bonds issued, anil shall bo paid for out of any Available funds in the Treasury. NKW YOKK, Feb. 1\\.—Tilden ap« earcd to-day as a witness for Ogdcn the Kuit of Itoodv against Ogden. Tildcn himself having plead tlif statute of limitations, had tho suit against him dismissed. lie said he had 110 partnership in the Galena road, and only took shares aa' a pri vate transaction. Don Piatt Indicted. WASHINGTON, Feb. 21.—The GN Jury have found a true bill against Piatt for ledttioua publication, and a raat has been tamed tat his arrest* 1 I m.)§ 1 i Sherman's Bill. WASHINGTON, Feb. 21.—Senator Shermau's bill for tho resumption of specie payment, reported from the finance committee, authorizes the Secretary of the Treasury to issue in a sum or sums not exceeding in tho aggregate $lU0,000,000 in redemption of an equal amount of U. S. notes, under the acts of February, 18(12, July lStei, and March, 1803, coupon or reg istered bonds of the same description and character as then authorized by the acts of July, 1870 anil January, 1871, redeemable iu coin of present value, at tho pleasure of tho United States thirty years from date of their issue, and bearing interest interest payable quarterly, in such coin at the rato of four per cent, per annum.