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BY HOYT & CO.
ANDERSON. S. C., THURSDAY, JANUARY 18, 187T.
VOL. Xri ?N0.?T.
n*f Mavis. ?nf&?f@???ut ?Ix atatkt!
gubserlpUons ar? not Uk?n fer t> lesa patted
tr-?? ils asotlb?. -
Uber?! ??dacitos? taad? I? ciaba ?f tea w
mor* ?abtxrtjyOT.
BATES OF ADrB?TnUtO.-Of? Polhu yr
.quart ?I oil? Ineb for th* first luocrtlon.and tTT?;?
I >DM par ?jus;* f?traaeo?^?^ia<??1ioatlwiiWw
thrrt atontb?. No sdTtrtltratnts counted NH
tiran a touirc.
IJ berti eoatracta-wUl (ja saaaatirftb. tk>?M wlahlsij
toadT*rtlMf?rMUW?iaor SlsrfiH IMuta*. Ad
rertlsiog by contract mutt bc confined te tb? lav
>? ?d?ate builn es* of tb* Arft? or laatrtdtjal ceatna
t ina- *
Obituary Notice? ?x-Mdisf AT* lint?, Tri Va Ut
of Ile?peet, and all pettana! eonmvulcatlon? or
Titter* sf lodWlduaf interest, will be charged for
(t advertising raus. Asaiwist squats of tajurtagss
and J eat bj, and not ko? of a religious character, ar?
f.poctfullT ?oltelled, and will be tuertos patts
ELECF?OK 0? OOUHTfJ OPPI?EB?.
A DECISION* OF Tn s QUESTION wiiETHteJt
PHEBE WAS A LAWFUL, ELECTIONW
COUNTY OFFICEE? IN NOVEMBER
AN APPEAL, TO THE SUPREME COURT.
Before Judge Reed, in the Court of
Qenernl Sessions for Charleston County,
an agreement waa made in the case of
Jacob Willitnan vs. J(ohn H. Oatendorff,
who were conteswiits tor Urn Clerk of Urn
Court in said County, to have a coniro
versy without action, or a friendly suit to
determine which of tho contestants was
entitled to the office. The question in
difference submitted to tho Court was
whether, under the Constiution snd laws
of the State of South Carolina, Mr. Wi??
lim?n, as holding the office till his succ?s
sor should be elected and qualified, is
such clerk, or whether Mr. Osteadorff is
mich successor and entitled to the office
by re BAOT of the votes citst .for him on
thc 7th November, 1876, and the subse
quent declaration. of the board of State
canvassers. . , ,
It was agreed that Mr. Ostendorff had
been commissioned, and had taken the
oath of office and given the bond as re
quired by law, nnd is in all respects duly
qualified to perform the duties of eaid
office, provided that the 7th day of No
vember was the proper day for holding
thc election for said office.
The case was elaborately argued on
both sides, and Judge Reed announced
his decision and opinion in the case sq
follows^
In Re. Jacob Wildman and John H. Os
tendorff, ta be Clerk of Court.-Contro
versy leithoul Aciton.
To determine the question submitted
td the Court in tho caso made, it is neces
sary to recur to and stato the principal
constitutional and legislative provisions
in regard to the election of State and
county officers.
It is provided by Section ll, Article 2
of the Constitution, reading it as amen
ded in 1872-3, that "the first election foi
Senators and Representatives * ? ?
shall be held on the 14tb, 15th and 16th
days of April of the present year, (1868)
and the second election shall be held on
the third Wednesday in October, 1870,
and forever thereafter on the first Tues
day following tho first Monday in No
vember in every second year." So thal
the 7th November last was unquestiona
bly the day fixed by the constitution foi
tho election of members of the General
Assembly.
In Article 3, Section 2 and 6, it is pro
vided that the Governor and Lieutenant
Governor "shall be elected nt the first
general election held under the constitu
tion for members ol' thc General Ac-cm
hiv, and at each general election there
after." The term general election is np
plied by the constitution to the electior
of Senators and Representatives, ant
would seem to be fixed thereby.
In section 23 of tho same article it ii
provided that "there shall be elected bj
the qualified voten? of th? State a Comp
trailer General, a Treasurer and a Secre
tary of State, who shall hold their respec
ti ve o lu ceo for the term of four yean,'
but no time is fixed for the election.
Section 19 of. Article 4 provides tba
three persons shall be elected by th?
qualified votera of each county for th?
term of two years, who shall constitute :
board of County Commissioners, bot ni
time is prescribed for their election.
Section 20 provides for the election o
a Probate Judge for each county for th
term of two years, but is silent as to th
time of election.
Section 27 provides that "there shal
be elected in each county * * * on
Clerk of the Court * * ? who sba!
hold his office for four years, and unti
his successor shall be elected and quali
fied," but fixes no time for his election.
Section 28 provides that "an A Horne;
General for th? State shall bs sleeted b'
the qualified electors for the term of fou
years," fixing, however, no timo for th
election.
Section 80: provides for the election c
a Sherill" and'Coroner for each count}
for the terra of four years eacbt but i
silent aa to the tima of their election.
Section 1, Article 10, provides for
Superintendent of Education, who sba
be elected at the same time that thc Stat
officers are elected.
Section 3, Article 13, provides for tl
election of an Adjutant and Inspect?
General at thc same time that the Btat
officers are elected, and
Section 10, Article 14, directs the tin
when all State officers shall be elected, I
wit : at the general election of Senato
and Representatives, which is, a? hi
been shown, "on the first Tuesday folios
ing the first Monday in November i
every second year," os to those office
whose term is for two years, and in erei
fourth year as to those whose terms a
for four years.
The constitution is, therefore, entire
silent asto the timo when county office
shall bo elected, and has been so regardi
and treated by the convention th
framed it, and by the General Asset
bly.
This, ss to the constitution, is demo
titrated by nb ordinance ratified on t
7lh of March, 1868, to be found in x
Revised Statutes immediately followii
the constitution: and as to the Qenei
Assembly, by the legislation that fa
hp?n lia.I ni, ida ...kfL~? Q- .K~ ~
...-. ---- -J -. -V 2??<
nance referred to, an election wss oider
to be held for the. ratification of the'cc
stitution and the ?lection of State offici
on the 14th, 16th ano 16th days of Ap
of the same year, and a board of co
missioners, appointed by the same on
nance, were authorized'and required
order an election for all county officers.
be held within thirty days after the ra
fication of tho constitution. The fi
election fo^'edhrity ?ftWeMfio^proVid
for, thereTTrff, ny Ihe colfvemidh 'tl
framed the constitution, and was hold
pursuance of the ordinance in May. 18
eaving it to the Gehend Awombly
provide for hlliatllre elections.
This they proceeded to do, and I
first, act on tue euhiect to which mr
ieatjon bsa beeb called ls that of tba 1'
of Kebru?rv, 1870, aa re-enacted in i
Revised Statutes, pert 1st, title 2d, ?hi
ter 10, piigo $3, 'of thfe election of com
omt?!*? The first' 8octiort of that
provides ?hat "there shall be a oes.
?cttion fot the 'cl?ctlon of th? follow
comity officers, to wit: Judge of Prob]
County Commissioners, School Como
wooers, held in eaqh county, on the til
Wednesday of October, ??TO, and on
same day, in every second year thercaf
tod fur the election of Sheriff and Cl
o? the Court of Common Pleas on
third Wednesday of October. 1872, i
?,n the same day in every fourth j
thereafter."
By the second section of the Cou
poomissioners' act of tho 18th of Al
1876, (16th Statuts? 086,) an effort
made to take the election of these oftl
out of the act referred to, which el
WM eor.??mm?t?d hy tho act of 24t
March, 1876, (16th. Statute, 168,) and
election of Coiiuty Commissioners is.
Ito come off wich the general <
?on in November of overy second, j
?bese acts cT??ioustrato that the Leg
turc^f aMft^tty?^nnt Ounoider-the,, I
!?f ojcciirig cc?hty'ofllc?io ns prese:
forln fe instrument.
The tenn general election, ss will bc
.wi HU appiltd in the constitution only
to the election of members of the Gen
ers! Asserr.hlyt but ber? the Legislatur
.pplies (t to the election of county offi
cers, and it seems to hsre been used in
differently by that body as descriptive af
either State or county elections, if held
rn the several comities at the same time.
Tola will appear by reference to the 1st
section of ?a act entitled "Of County
Sheriff;.** OhsDier 50, nan-a 157 o?' th?
Revised Statutes, and ali?lo the 1st sec
tion of sn act entitled "Of County Coro
ner/' Chspter 21, page 170, Revised
Statutes.
On the 1st March, 1870, the General
Assembly passed another act entitled, as
republished in the Revised Statutes,
Title 2, Chapter 8, page 29, "Of the man
ner of conducting elections and returning
votes." The first section af that act pro
vides "that the general elections in this
r?tate shall bo held pursuant to the contti
tuiion thereof, on the third Wednesday in
October, 1870, and forever thereafter on
the same day in every second year, and
shall be regulated ana conducted accord
ing to rules, principles and provisions
herein prescribed." It ha* been adjudged
that tho provisions of this act in thc first
and other stations are inconsistent with
the set of the 14th February, and if not
operating as a repeal of the former either
directly or by implication, at least .tarn
ishes a presumption that the Legislature
intended to include the election of all
officers. State and county, and hence cov
ering the election of Clerk of the Coart.
It will be seen that this act was passed
by the nam& Aesemblj at the same session
and only fourteen days after the act o~
the 14th of February, and whilst it was
designed in its several provisions follow
ing the first section to direct the manner
wi holding and declaring all elections, it
in no way conflicts in its first section or
elsewhere with the terms of the act of
the 14th February fixing the time for
holding elections for the principal county
officers. It does, indeed, in the first sec
tion proscribe the time for holding the
general election*; (which ls, perhaps^not
inappropriate, cone'deriug the number of
State officers to bs voted for,) but in pur
suance to the constitution and the elec
tion for Senators and Representatives is
that that is termed general in the consti
tution, and the only one it attempts to
fix the time for holding. The act of the
14th of February, 1870, was intended to
supply an omission in the constitution by
fixing a time for holding elections for tho
principal county officers thereby Tented,
whilsL that of the 1st bf March, 1870, was
to enforce the mandate of the constitution
prescribing thc time for holding the gen
eral election-that is, the election for
members of the General Assembly, and
to arrange the machinery for conducting
and declaring all elections. These sta
tutes are, therefore, designed to aid in
carrying oat tho scheme o?r the constitu
tion, and are in no way inconsistent with
each other. But even if there was sub
stance in the argument as to the effect of
the first section of the act of the lat of
March, 1870, it has been repealed by the
act of the 19th of March, 1874,15 Sta
tutes, 788, leaving the balance of that
statute, and the act of the 14th of Feb
ruary, 1870, except as to County Com
missioners, of full force as the law of the
land, and the only law directing and au
thorizing the election of Clerk of the
Court.
This view, I sm inclined to think, is in
accord with the intention of the framers
of the constitution and of the members
of tho General Assembly who passed the
acts referred to. The office of Senators
and Representatives, As also of the mem
bers of the Executive department and of
most of the State officers who are directed
by the constitution to be elected at the
same time, are political in their charac
ter, and it is entirely proper, not only
that they should ba elected together, but
that for the convenierfce of tue electors
and the good Order of society the election
should be held on the same day upon
which members of Congress and Presi
dential Electors are chosen. Not so,
however, with the county offices. Most
of these ore judical in'their character and
the incumbents should be chosen exclu
sively on account of their peculiar quali
fications and character. Indeed, the pub
lic interest demands that their selection
:?jould be entirely unconnected with the
excitements and contentions of a politi
cal election, and it would be vastly better
for the general weal if six months instead
of three weeks could intervene between
thc day of their appointment and the
general election. For being chosan c?
tho day of the political election they are
driven to become partisans, and the idea
of a partisan Judge of Probate, a pu. titan
Clerk of Court or a partisan County
Cominis-ioner is abhorrent to a decent
regard for public justice, and to require
an aspirant for any of these offices to go
upon the hustings and engage in a parti*
san scramble ia to unfit him for an impar
tial discbarge of the important trusts to
be confided to bira. I am, therefore, in
duced to believe that considerations like
these led to tho fixing of the election of
tbase important officers on a different day
than that upon which the general elec
tions are held. However that may be, it
is my business to declare the law as l find
ii, and to my mind the construction i
have given to the matter in controversy
il so clear thai I do noi perceive how
there can be two opinions upon the sub
ject.
It ia therefore adjudged, That the' elec
tion held for Clerk of the Court of Com
mon Pleas for Charleston County on the
7th of November hut was without war
rant of law, and that the defendant, John
H. Ostendorff, acquired nu legal title to
the office thereby.
.?nd it isfurthci adjudged, That Jacob
Willimar, :tb:eJWiffil|idi o^r?n?fr
the coddfitilifnlaldjf?fruthex?|aSd
requir^J to exercise the duties o? the
office until a successor shall have been
lawfully appointed.
January 9,1877. J. P. REED.
Th? Court room was crowded with the
members.ot,the Dar ana cager epectntnrs
who had assembled, many of them from
sheer cariosity, to hear the termination
of the case and to learn who was Clerk.
i During the reading of the opinion strict
' j order and, silence were maintained, and
at the announcement of Court's judgment
the counsel for Ostendorffgave notice'of
an immediate appeal to the Supremo
Court. Ostendorlt hung amana the
Court roora for awhile and thon retired?
Edward W. Lee, Mr. WilHman's deputy,
who hits been holding the fort with him
since the late election and bas determined
to sink or swim with him, came triumph-,
antly forward, and miietV P?><?^eu to
assist Mr. Winkler in the duties of tho
chu c.
, Later in tho day Col. Simonton sub
i. milted the following wrid of ouster, which
i the Judge signed :
i th* State of South Carolina, Charlettan
f County, The State tr rel. Jacob Willi
. ?PCT? vs. John H. Ostendorff.
r Tho proceedings in this case having
. been submitted to thc Court 'on a case
. suited in a controversy without i?ction,
- nnd it fairing to the.Oos.rt thai the
?election under which the mandent
, claims waa not held at tho ?moprcs?iibod
? by law? to .witt on tba third Wedneadaj
t i& October. 1874, and that the relator,
t^jtder tho Constitution, bolaro Vor ?J3U!
a successor io him hss been duly elected
and quit i fled.
Hi? adjudged, Taat the defendant,
John H. Ostendorff, be ousted from th?
office of the Clerk of Court of Qenersl
Sessions and Common Pleas.
And be it further adjudged, That Jacob
Williman, named in the proceedings and
a plaintiff in this action, is and he is
hereby declared to bo entitled to hold
r.aid obiT in that he rf as tb? duly elected
Clerk of the said Court under the elec
tion held in 1872, and, having qualified
as such, is entitled to bold the same until
his successor is duly elected and qualified.
January 9, 1877. J. P. REED.
Upon the (?suing of this order tho
counsel for Mr. Williman were served
arith notice of appeal by Major Stone on
behalf of Ostendorff, sud tue case will
be tsken immediately to the Supreme
Court.
Mr. Williman did not make bis ap
pearance, being confined to his room by
sickness. According to tho agreement
entered into by tho counsel on both sides,
Mr. Williman will be optitlcd to enter
immediately upon the duties of the office,
while Ostendorff resorts to an appeal to
the Supreme Court. Should thc Supremo
Court sustain the decision of the Court
below, Mr. Willi jian holds over until
another regular election be held or at?
extra election be ordered. But if the
Supreme Court should reverse the decis
ion of Judge Reed, then Ostendorff will
enter upon the duties oi the office, and
will bc entitled to all the fees. &c., which
bsve accrued during Mr. Willimnn's oc
cupancy of the office.
Sooth Carolina's Senator, (Jes. M. C.
Bitler-.
No one supposes thst the I nmocrntic
Legislature of 8outh Carolir a either
would or could please the Northern
Radicals in their cholos of a United
States Senator. The vials of their wrath
were all ready to be poured out upon the
devoted head of any gentleman, thus
honored by the legal Legislature of the
Palmetto State. It is not to be wondered
at, therefore, that all the barrel organ , of
the Grant dynasty are busing, to the
best of their ability, tho distinguished
soldier and statesman who will alone rep
resent South Carolina in the United
States Senate after the four h of March
next. In this section Gen. Butler is
known to us all as one of thc most moder
ate and conservative men in South Caro
lina, and knowing this fact, it ia not nec
essary for us to enlarge upon it. But we
take pleasure in reproducing from thc
Philadelphia Time*, ajournai thoroughly
independent in politics, thi following ar
ticle. In speaking of General Butler's
career and antecedents, it says:
"And what are the facts? Mr. Butler
is a highly cultured Sooth Carolioian,
who has ever been conspicuous Ort his
conservative counsels ana actions. He
served under Hampton dnring the rebel
lion, lost a leg at Brandy Station, rose to
thc rank of Major-General in the insnr
{' ;ent army by his merits as a soldier, and,
ike'all brave men on both sides, when
the war ended he bowed to the arbitra
ment of the sword, and bas ever been in
accord with Hampton in teaching, alike
by precept and example, submission to
the government in the generous spirit
that 13 due from faith ful citizenship. He
was at Hamburrr on professional business
on the day of the horrible butchery, and:
as the preliminary hearing provea, hau
no part in.tho bloody affair, except to
make exhaustive efforts to maintain the
peace. But his prominence as a citizen
made him an inviting ttrget for those
who sought to turn a cowardly murder to
political advantage, instead of judicially
ascertaining the truth and punishing thc
guilty, andbia name baa been insepara
bly interwoven with that revolting trage
dy. Gov. Chamberlain waa then the us
disputed Governor of South Carolina,
with the regular troops practically at his
command, with hb State milV.ia armed
and absolutely under his orders, with Re
publican judges in every judicial district,
and with Republican machinery for the
selection of jurors. He had but to com
mand tho law, whose agencies were all
In political accord with himself, to en
force swift judgment against the murder
ers, for atrocious murderers'there were at
Hamburg beyond a question. But t'r-at
did not suit the purpose of the man v.*ho
was charged with ?hi preservaci?n of tne
peace of the Sta ? and the enforcement
of-the laws. Instead of summoning the
law to assert its majesty, he rushed away
to Washington and called for "more
1 troops" with dramatic flnnr?*!? to fire the
Northern heart. In a pnbiic letter he
? associated the nama of Mr. Butler with
I tho massacre, to which the accused pub
licly answered that he was innocent, that
be was voluntarily in the hands of the
Jaw, and that he challenged prompt und
searching judicial investigation of the
murderous affair, so that the innocent
ahould be acquitted sud the "uilly pun
ished; Nor did Mr.'-Butler,- Uko Gover
nor Chamberlain, stop with a newspaper
proclamation. At the earliest moment
ne appeared before a Republican judge
and asked-not for his discharge, but Tot
a reference of the case to the proper tri
bunal for the most exhaustive'investiga
tion. The Republican Judge held this
I "red-handed rat5sn," ??'5 J"Ejo??n?j spirit
lin the bloodiest deed recorded in our
? modere hi*****"" " *o h=??i in tb? ?tim of
one thousand dollars for his appearance
r.t the (wurt for trial. This was last mid*
summer, and why has he not been tried?
Why has the Republican Governor not
made his Republican judge call in his
Republican jurors and try Mr. Butler for
the Hamburg massacrer Fivo blacks
were horribly butchered after they had
been captured and disarmed. There
must be a clear case of most diabolical
murder against some parties, and if Mr.
Butler aided or abetted the murderers, he
is equally guilty with them alike in law
and morals, and why has he not been
tried? He -has publicly challenged
Chamberlain to try bim before nil ibo
Chamberlain legal machinery, and be
sravs notice that Ire'would then and' the** i
show who wore, the real authors or the
Hamburg tragedy that he hud striven
m tnt earnestly to prevent. It waa this
notice that made Chamberlain retreat
from the trial of Butler, ft was the fear
that Butler would prov, that the Ham
burg massacre was concocted and forced
to consummation by political leaders
most trusted in the counsels of Chamber
lain, ?nd that ie would be established
before a Republican court and a Repub
lican jury that th? Hamburg outbreak j
was one of the deliberately planned fea
tures of the Chamberlain political cam
paign to arouse ! the country, - furnish ?n
excuse to place South Carolina under
martial btw and thus insure- a-new leas?
of carpet-bag power in that State. Fmru
August last until now Mr. . Butler has
defied Chamberlain in his cv.n courts,
and as yet he ts without any to accuse
bini ut the bar of justice. Such is the
truth of Mtv Butlers association with the
Hamburg butchery so far as the public
eau judge from sn Impartial hearing of
both tades."
So long as thic distinguished Carolinian
i ia thus . nowa ta the enlightened pres.-*
. und people of the IT-itu, ho can afford to
[j pass over in silence the petty mouthing
i of those Radical papers whose political
, creed begin and ?ind?' with hatred to the
I South and ber people".
TH fl STRUGGLE Iff LOUISIANA.
Initial Success of the Democrats-A
Peaceful Herolutlou Accomplished.
Spteitl Corrttpm&tnct ojth* Stu York tttrmM.
NEW ORLEANS. LA., Jan. 9,187?.
The long expected hour of contest has
arrived, and though thus far in its pro
gress no gun has been fired, the events of
thc dar save left thc Republicans no
foothold in tho State except that bound
ed by tho walls of thc State House and
thc Custom House. That this has been
accomplished, and without bloodshed, is
owing to thc fact, which is admitted by
all partied, that the Packard government,
like its predecessor, has not one iota of
moral support in this community, while
ita physical backing, when deprived of
the co-operation of federal troops, hos
proved almost equally insignificant.
The question upon which the issue was
made to-day was solely whether Sheriff
Handy (Democrat) should be supported
ia defending possession of the court
buildings. It was known that the Pack
ard Supreme Court would sit to-day.
The new Superior Civil Court hod already
set, and it was believed by the citizens
that if this was peaceably submitted to
tbo question of a de facto government
would be decided against them. This
they were resolved to combat, and all
day Monday Generals Ogden, Penn,
Nicholls and other advisers were in earn
est consultation. A preventive policy
was at fiint determined upon, but the
new members of tbeSuprcme Court being
called iu council no decision was arrived
at in time for action on Monday.
It waa nearly twelve o'clock last night
before the Governor and his advisers de
termined to act upon the vigorous policy
recommended by Generals Penn and
Ogden. At that late hour orders were
issued through couriers ordering the dif
ferent military organisations in the city,
amounting to between 2,000 and 3,000
well armed mee, besides a similar num
ber with side arms only, to bo iu position
near the temporary State House, oppo
site Lafayette square, by nine a. m.
The night, though bitterly cold, was
an eventful one. Couriers dashed
through the streets, cabs rumbled in
every direction, while tho rat-tat-tat upon
the doors and ringing of bells echuca in
every neighborhood, summoning tho
faithful to Ult* field. Scarcely had day
light dawned before groups of men were
seen hurrying through the streets in every
direction.
By eight o'clock armed parties began
to assemble in the neighborhood, but it
was not un til ten o'clock that the crowd
commenced augmenting by tho arrival of
organized bodies of citizen soldiero who
were in iu??ir every-day clothes, and
armed with every description of weapon
from the Winchester down to the saloon
rifle.. By. eleven a. m. General Ogden
appeared on the field and rapidly com
pleted the organization, which shortly
after moved do'vn to the levee toward
Jackson square, ?umbering about 1,000
completely armed men, one battery of
artillery, consisting of two niuo pound
howitzers and about 3,000 men with side
arms only. As they marched down, Gen
eral Penn heading the column, their
ranks constantly augmented. From
every direction people, armed with every
describable species of weapon, were soon
hastening to the'scene of conflict.
Arriving opposite Jackson square,
which fron tn tun court buildings, where a
large crowd had already assembled, one
company was despatched, under com
mand of Captain J. D. Hill, to demand
the surrender.. In the meanwhile the
Packard Supreme Court bad opened at
ten o'clock, with Judges Ludeling, King
and Leonard. Sheriff Handy having re
fused to recognize their authority he was
suspended and Alfred Bourges sworn in
tn ufa place. About, the time tho head
of General Ogden's column reached the
ground they had adjourned in respect to
th? memory of Judge Saucier, who died
yesterday, and thereupon left the build
ing unmolested by tho crowd assembled.
Shortly after thc gates were thrown
open by, the police, wno surrendered the
court room, ?lie Third precint station and
tba Stato Aracmil, nil of w.h'oh are
located in tho same building and which
the forces of General Ogden pr iceeded to
occupy. Sheriff Handy at once notified
the Nicholls Supreme Judges, who im
mediately repaired to the court room,
where the Supreme Court was duly open
ed by the Sheriff and shortly after ad
journed, leaving the former in full pos
session. General Ogden remained in
possession. until one p. m., when hs
moved,the forces to the levee, threaten"
ing thc State House.
Pending the progress of iheso event*
Chief Boylan, under the onie? of Lieu
tenant Governor Wiltz, demanded thc
surrender of the Central police station
corner, of Carondelet and Lafayette
streets. He was informed that it nnlj
needed a ob ow of forco to effect ii, ant
this being made by one o'clock p. m. al
tho important points, with the exceptioi
of the state House, were tn the bonds o:
the new government, tho other polia
stations boing abandoned. Shortly bo
fare three o'clock p. m. Governor Nicholii
issued the following proclamation :
EXECUTIVE DEPARTMENT, \
NEW OBLEAKS, January 9,1877. j
Th the: PViyrJf nf fjyin?rmn . T ?h m il/
bc most profoundly surprised and disap
pointed'should any citizen of LOuisiam
at this moment so far forget himself as t<
be guilty of any excess whatever. Ther
is danger in collecting together in larg'
bodies. I urge you, therefore, to returi
at once peacefully to your homes. Th'
greater the wrongs to which you hav
been subjected the greater to your credi
should yon recognize and recollect you
own simple and plain duty as citizen:
Let ho one be injured, however obnox
ious ho may be, and let the people of th
whole country sec that we aro law-abiding
just und moderate.
FBANCIB T. NICHOLLS,
Governor of the State of Louisiana.
Tn iUa Slrtla U/III.A '.I.? _-.--r.
.- Q-ttj.Jflt
.hension* prevailed. Early in the muru
! itig Packard telegraphed to Presiden
Grant to recognize hw 'government tc
day ' or all was lost. The Metropolita
Telegraph wires were cdt during th
'morning and application 'was made b
Puekurd to the United States Sigm
Corps by whom men were, furnished, an
'kn active signalling between thc Stat
House and Custom House was continue
during thc day.
During tho previous night all thc aru
from tho di tie rc nt police stations and tl
most reliable portion of the force itse
had boon concentrated al the St.no linus
A strong disposition was manifested i
advance on this stronghold, and ont
during the day, when au attack was mac
;by a rJt?mber ol' boys., five shots were fir?
from the windows, hut only into the oj
Ksite wall. No one was hurt, howe ve
on after Mayor Austin drove up in
carriage and read Governor NicholWpr
clumation, when p?rt of thc crowd di
persed, but thc larger portion romaine
Lc;u in tho afternoon several dc.*erte
f?*am thc Packard police went nvr-r ?J? ri
Nich ?Us militia and reported the Repa
Hean force* badly demoralized.
During the'day thu Legislature mot
suasion and attempted to ballot for Son
tor, bat V/armnth withdrawing with t
ftidads hooke the quorum? Lsio ti
evening they ?re still in possession,. but
at Adjutant Penn's office it is reported
that it will certainly be abandoned during
the night.
About five o'clock p. m. General Og
don, who had kept his men massed upon
the levee, received orders to dismiss his
command, which immediately formed
into line and marched up town amid tho
enthusiastic cheers of the people who
lined the streets.
In the way of quiet irony they made a
detour toward Rampart srtcet, which
took them past ex-Gov. Kellogg's resi
dence.
By six p. m. tho forces were ?ll dis
missed, thc city perfectly quiet in charge
of the new police, and were lt not for the
air of jollity upon all face? it would
hardly be conceived that a popular revo
lution bud occurred, overthrowing one
State government and establishing an
other. One great cause of the satisfac
tion manifest, no doubt, lay in its having1
been bloodless.
Only one casualty occurred, and that
at the Arsenal where a soldier was woun
ded in thc leg by the accidental discharge
of his musket.
The Arsenal, when captured, contained
two Gatling guns, three Napoleons and
.bout 900 stund of small arms. Of these
about 800 were immediately issued to
unarmed companies. Two companies are
in charge for the night. These, with a
picket cordon around the State House,
which permits any br. Jv to leave but no
one to enter, constitute the only loree
now on duty.
. Before tho column mored down to the
court buildings this morning a detach
ment of sharpshooters were detailed by
General Ogden, who took position upon
the roofs and galleries of all sdjacent
houser, commanding the position. The
forces were thoroughly drilled and dis
ciplined, and consisting of the best peo
ple of the community, carried a moral
impressment sadly demoralizing to the
Metropolitan police. Throughout thc
entire proceedings the Ucited States
troops remained closely confined tn their
quarters, and, bey?nd cheering tho Wash
ington Artillery as it passed the windows
of the Custom House on ito way to the
front, made no demonstration whatever.
Late in the afternoon General Green,
of General Augurs stuff, had an interview
with Governor Nicholls, tho particulars
of which huvo not yo? transpired. Gen.
Augur, on being visited, reiterated his
often expressed information that bis in
structions were to keep the peace, and
that he would only interfere in case of
ii being broken. It seems the action of
to day was not regarded in that light.
It is highly probable thc Nicholls'
Legislature will assemble iu tho State
House to-morrow or next day.
The Democratic Legislature, with a
quorum in both houses, voted for a Uni
nited States Senator. J. O. Eustice re
ceived a majority of the voles cast for
Senator for the term ending in 1879.
I There was no choice for Senator for the
long term.
Orders have been issued to the picket
cordon to permit free ingress and egress
to the State House. Everything quiet.
The Republican Legislature is still in
session at twelve o'clock midnight, and
will continue so all night and until
twelve o'clock to-morrow, endeavoring to
obtain a quorum so os to ballet for Untied
States Senator. Up to twelve p. m. this
had not been secured. Warmoth seems i
determined to keep it broken.
Mr. Packard had been at the State
House ali day, and announced his inten
I tion to defend his government to the last
extremity. He had concentrated his
forces on that point and the Court House,
and was much chagrined to learn that
the defences of the latter had surrendered
without striking a blow.
All kinds of sensational rumors are
afloat to-night, notably one that the State
Houso is to be attacked. On this subject
: prominent Dem?crata stated that the
glan of the Democrats was to have the
upreme Court enjoin Packard from
usurping the functions of Governor, and
in the event of bis refusing to have him
arrested for contempt.
. Nothing was done by the House com* I
mittee to-day beyond continuing the ex
amination of Colonel Zacharie in regard
to the action of the Returning Board.
Ex-Governor Kellogg, who has re
mained all day in the State House, is
evidently dumbfounded at the torn affairs
have taken. He bad never believed that
thc people would undertake so desperate
a measure. He expresses his determina
tion to hold the State House, believing
that a conflict is sure to secure the inter
ference of the United States military.
All kinds of minors are in circulation,
Erincipolly emanating from the State
louse-one to tho effect that General
Grant has telegraphed General Augur to
disperse all illegal bodies of armed men
and that Governor Nicholls and Govern
or Packard had each beeti served with
copies. It is admitted, however, that the
practical effect of this order depends upon
General Augur's interpretation of the
word "illegal," to which the largest lati
tude seems to bo given. At General
NicholPa headquarters this is positively
denied.
Another rumor states that Mofen bas
telegraphed announcing that the Demo
cratic Supreme Court will not be rccog
_:_t _j.t._..i . r?..t ?
.SISES, SHU mm mo i uuntu government
will bo sustained by the Executive An
other, upon heiter authority, but still
doubtful, says that General Grant will
to-morrow issue a proclamation settling*
the whole issue definitely in favor of the
Packard government.
Governor Packard upon being inter
viewed, appeared tobo utterly iutiiednrk.
remarking that he expected despatches
in mi hour. After a chute investigation
your correspondent is inclined to think
that this must nil be taken' furn grano
tali*.
The Republicans are badly demoral
ized, and from every visible oppeuranqy,
their power is melting like toiow b- forc
the pun. Without f?d?ral ''interference.
;?ii<i timk profit pit/ waly cause iseviueni
ly Impcle-a. m'.i*
The Nicholls government have a
strong police torpe on duty throughout
the city.
HAMPTON'S LETTER.-The G?k<-tun
Nett* (Dem.) doe* not regard General
Hampton'" lutior to Governor Haye* in
the fame light that mott Democratic
journals do. It* comment* are H* fol
lows:
Hampton's letter to Hayes must be re
garded a* another fine stroke ot policy by
that monler of political lad. lt placen
. tho canse of good government in South
Carolina, which is still sadly misunder
stood by many of Mr. Hayes' partisan?,
in a new and "striking light before al) III*
j telligeiii Republicans who have , boen
I misled ss to the Actual condition of
I things in thia unhappy State and the
j nnitire of the' political 'fcWnHiet lhere.
. This we suppose lo have bren ita xnle
purpo' e, ns the ?imilarcommunication ni
Mr, Tilden save? Genend Hampton from
?ny n???ibl* ???tpicion of a bargain, ?nd
.?ue.h a purpose, it i* to be hoped, the let
ter will materially ?iib-erve. *
- When you're in a quandary wi KI HO
? write nbou;, au article on snow ought a!?
I. ways io cover the ground these times.
II i' i - M . . -? ???
T?iE DUAL 00?EBN)SE?TS.
?>>>9 rat Ian or th* Hawptoo MaeMaery
ef Government- Chamberlain's Bali-,
ance ou Wrahlugtoa for Huppoit. . .
Correspondence New York Herald;
COLUMBIA, Jan. Ti lift:
The Senate committee ht? been In sea*
sion now nearly oe? month, and bases?,
atm nod about 260 witnesses, a large ?a
ioritv of whom were negro**' carefully
collected bv United States District At
torney Corbin from the vicinity or th*
scenes of the Hamburg and Ellenton
riots. About one-fourth of the witnesses
were white men introduced by Senator,
Merriman, Democrat, and I have infor
mation which states that the testimony
of the latter bas successfully rebutted
that given before the committee by Mr...
Corbin's witnesses.
THE COMMITTEE'S MISSION.
The mission of this committee waa
strictly to investigate whether any citizen
of the age of twenty-one had been denied
or abridged in their right lo vote, bul
Messrs. Ch ri?tiancy and Cameron have
gone into nu clt-oorale and exhaustive
collection of outrsges, atrocities and hor
rors. So far, however, lt has been clear
ly ?nd ' successfully established that be
yond the unostentatious displays made by:
the whites during tho campaign, there
was little or no Intimidation pf vote*
practiced, and that intimidation of ne
Sroes by negroes waa mora extensive than
y whites. This was further demonstra?
ted by the fact that the Republican party
polled a larger vote at the last election
than it ever did before, which satisfacto
rily refutes the charge of intimidation.
TSE OUTRAGE ?s?LL.
With these results staring them in the
face, th? mission of the committee is a
failure ao far as. tho party is concerned,
and hence it was necessary that they
should go into, the outrage milt business
to enable them to moke turns sort of par- '
ty capital. I am informed that on this
score tho distinguished Republican Sen*
alors will also fail, for. it ts well known
that neither the Hamburg affair nor the
Ellenton riot had any political signifi
cance whatever.
TUB GUBERNATORIAL QUESTION.
It is stated that Judgo T. J. Macwey
will appear before the committee on
Tuesday next, and will produce docu
mentary evidence very damaging to
Chamberlain. The latter, it ie suited; Is
engaged in preparing an elaborate docu
ment, bhowing tho grounds upon which
his proclamation was issued, for the com
mittee. It will be hard for him to prove
that there WHB a necessity for a procla
mation or for troops in the face of the
fact timi he never attempted the arrest of
one of the Unmburg or Ellenton rioters.
THE HAMPTON GOVERNMENT.
i Hampton's government floats along
steadily. Contributions, under his call
for ten per cent, of last year's tax levy,
are rapidly flowing in from the tax-pay
ers, and he baa already:placed the chari
table institutions and the Penitentiary in
a condition far above any immcdir.to or
prospective want. He is in daily receipt
of profiera of money and renewed assu
rances of allegiance, and each mail
brings him a basketful of letters, to all
of which he gives his persona! supervis
ion and attention. If this contin?en, as
the indications are that it certainly will,
the Chamberlain dynasty will assuredly
be starved out. despite the presence of thc
company of United States troops at the
State House.
PUBLIC MEETINGS
of the taxpayers are being held in every
county in th? State, which are in man;
instances largely attended by negroes, at
which r?animions are pissed toadlo ni re
Chamberlain's government as a usurpa
tion, refusing to pay him a cent of tribute,
and indorsing Hampton and pledging
him the support of ali tho taxpayers in
the 8tale.
CHAMBERLAIN ON THE SITUATION.
Singular to relate, in the face of these
substantial overtures to Hampton and
I these unanimous public demonstrations
in his favor, Chamberlain regards it all
with seeming philosophical equanimity.
He remarked tame to-day that the action
of the Hampton government in provi
ding for the lunatics, orphans-ona coo
j victo relieved him of his greatest embar
! rassment, and he was gratified that thc
I Democratic taxpayers and other charita
? bly disposed persons bsd assumed th?
I care of these unfortunates. Chamberlain
does not think that thia voluntary contri
bution of taxes will have any o (Te ci
whatever in deciding which is the lega
Governor of th* State, and1 ba congram
lates himself that such grave resporisi
bili ty hos been temporarily removed frou
bis shoulden.
RELIANCE ON WASHINGTON.
He says that the question of tho Gov
eruorship cannot be decided by tho pea
fde of the State now nor by ?ny tribuna
a thc Sute, but that it will be settled ii
Washington, either by-Congress or by tb
President, Tte Gnveroor; belle ves. th?
the present condition of affairs will draj
along until the 4th of March next, unies
Congress sooner disposes of the queslim
nf the Governorship! He feels sefe a
long as President Grant remain* in th
White Houae, and thinks thst'after bi
term expires he will he supported b
Hayes, who, he firmly believes, will h
inaugurated. If, on the other hand, Til
den should occupy the Presidential chai
fdr the neat four years he hos but littl
doubt that the- latter would recognii
Hampton and his government.
THE SENATORIAL QUESTION? . .
Another view taken by Chamberlain i
tlfaL if Congress fails io act in thc matti
be fore (lie 4th nf March, the question ?
to the legality of the State governrner
will .come up Squarely beioie - the Senai
upon tba application of General Bulle
the Democratic Senator elect, and,of Un
ted Slates and District ' Attorney Cojbil
I?!?? isepuoiican oinVBioi erees,, wi nunn
nion to that body. vi ?J >?
THE PROCLAMATION PROGRAMME.
Under the influence of the ?harp drit
conns |n the Northern papers; and adv
ce* from Washington, Gov. Cho-yberlni
?Seins to have abandoned the anti ?patt
programme of issuing a proclaiinitk
against Hampton and ni? government; i
such a game: would, be loo. dangcrou
He now says thal he does .not, look fo
wnrd to any 'collision's or clashes of tv
tl iori ty that would be serious, and'th
all minor conflicts na tonne possession
offices would find an least'and peacef
solution iu thc courts.. This Ia til* til
time he has been known to trust sn
thing to a decision iii tho Stale cour
and the Governor Wa? in a degree fell*
tous and cheerful, which wi-vqult* un
susi for him,., ",, .
ASSURANCES FROM. ^WASHINGTON,.
This fraino of mind waa. I lound,
thc mai II, the rflt-ct of a telegram recel
ed by him from Washington. The d
natch informed him that Congres-iih
Bunk?, Ltpiunn .and Lawrence,' ta* I
publieun members nf thu KIMI** comm
ti-e who were here investigating the'vb
(oral vote of the SiAte. had calicd u;i
I, ?tbo Picnjdent ainco their arrival in. Wa^
j togton, and bad assuredb\in{ that Cha
1 twriatu was elected Govsmofo/thpSui
i .i! .? -.-ti. A\ \->
Tho House committee did not, go into an
axamihation of tho Toto for Governor
except in an incidental1 manner, ?hd
while t*>e si* Democrats are ?Jsttfed'of
Hampton'? election, the three Repubti?
can?) seem to be equally assured of Cham
her?an'* election according to hie advites
frmn Washington.
TUB HAYES-UACKEY INTERVIEW. '
i Go?firtr?f Chanjfcer?s'ri chuckled over
j the annoyance ^ occasioned among the
Democrats by Judge, Mackey >oiucious.
zea) in visiting Governor Hayes, and ma
king professions and overtures which
have been published as coming from and
authorized by Hampton. He said that
while Governor Hampoon hod deuied
these published reports, yet, nevertheless,
he could not divest' himself of the fact
that Mackay was the eoe redi ted bearer
of.a letter from bim to Hayes which, in
itself, placed Hampton ,in ap awkward
position.
GOV. HAMPTON'S DISCLAIMER.
In thin 'connection Gov. Hampton is
very embhatlq io disclaiming all respon
sibility tor the vie<j?o announced by Judge
T. J. Mackey in bis interview with Mr.
Haves.' In the course of a conversation
with your correspondent this afternoon
he stated that Judge Maskey went to
Ohio on private business, and waa not
sent by him, nor authorized, in spy way
to speak for him or for the Democracy of
Bou th Carolina. The views he expressed
were his o?n, and General Hampton can
only account teethe misconception which
has arisen upon, the supposition that
Judge Mackeys declaration of his own
Views were in some manner confounded
with those he gave as coming from Hamp
ton. . . '
M TILDEN ELECTED*, ii
' General Hampton said in conversation
that he has always believed that Tilden
was fairly elected, but has entertained
grave doubts as to whether he would be
allowed to take his seat.. He said :
j "Our people desire a peaceful, cousti
tut ional solution of these questions, and
we trust this will be had. Peace is essen
tial to us, and we of the South should
take no part in the,settlement of tho
Presidential question until called on to
do ao by sorao legitimate authority:" "
A UB?*D SLEIGHING CARNIVAL.
A DAY OF JOVIAL FON AT THE CAPITAL
-THE MASQUERADE PROCESSION EX
CITED GREAT MERRIMENT.
WASHINGTON, Jan. 6,1877.
All Washington was gloriously excited
this afternoon .by a carnival sleighing
procession on Pennsylvania avenue, which
transcended iu fantastic scenes ard fun
any public frolic here since the grand
carnival of 1870. The broad avenue
freshly paved with snow, and resembling,
in its. width, at least, a Parisian boule
vard-was before three o'clock lined with
thousands of people, on foot, under um
brellas, and In carriages, moist and ex
pectant spectators cf tbs shot:. Neither
the Senate nor the Supreme Court was in
session, and the dignitaries of both those
bodies came down from their homes with
their wives, children and' coachmen.
Half the. houses in the capital were emp
tied of their occupants, wno crowded the
walka, on both sides of the avenue till
near nicht-fal I and stayed thern despite
the haiFand rain. At an early hour tho
House of Representatives adjourned and
poured forth its members and clerks to
swell the moving mass of lookers-on.
Among these not the least interesting
were the colored population of Washing
ton, the shrewdest, best natured, wittiest
and most intelligent negro multituJe in
any American city, and who bril from
every part of the Union, North and
South. From their rollicking lips came
ch?eSy the shouts which greeted the toys
ts re rs" of the carnival.
The latter appeared en masse in sleighs,
cutters, hogsheads, boxes and barrels on
runners and in procession formed a spec
tacle prodigiously comical. ' The vehicles
io which ther rode would have sufficed
to excite mirth enough, representing as
they did every.'Style of winter equipage
introduced in the United States since the
day -f Washington ; but the masquers,
the costumes and their mishaps caused
the greatest glee, and for hours the ave
nue was in on uproar.
It seemed as though the museums of
all nations bad been ransacked for an
cient garments'to encase tho Volunteers
of this odd festival: The jungles of Af
rica and India; tho forests of both
Americas, and the wilds of the Rritish
possessions north of the United States con
tributed, along with the 'toy and costum
ers! shops, to their make-up. Aa they
went by behind, horaca, both fleet and.
?lpw- they presented fesms, of giants,
monkeys, tigers,"' opossums, dwarfs,
whales, ostriches, bears and wolves, al
ternating between sleigh tula .of vividly
bedecked mock specimens of emperors,
pri d?esses and queens, "ls dem/1 ex*
elair?ed a. wondering darkey, "de same
crowns dey .'pears in when, dey ia on de
thrones 7"
"Of course. Now, I neva knowed it.
Dar was Jim Blossom, my brudder-in
law, de. minstrel man, what perfawmed
before Queen Victory. He said abe
didn't wear no crown/' A mighty elcd,
j bearing ICO ma^querauer?, ?aa draw u by
| a dozen mules, hitched tandear, went by
\ with Waving Of flags and1 many voices.
Another aide, occupied by men with
blackened faces and attired like women,
in calico dresses, sped fast. A sleigh full
of men in pasteboard masks, with long
noses and scarlet cheeks, followed by s
SUtter crammed with boys, imitating in
reas and motions a .cluster of orang
outangs. excited merriment which wat
swollen into great peals of laughter as i
vehicle on-run new rep resenting the I^ou
inj SQ? Rc^rologi .Boord, came ?nu> view
The personages. composing; this, boan
w?re none too complimentary to the orig
fnals't itfdc?d, their aspect wai iii prac ti
cal a* cad be-fancied. Not tho group o
Moliy. Maguires in a cotter close aJtei
them, nor even.the silent: four oietnberi
ot the Ku Klux Klan, who tailed oifthii
'branch of tho pfctcesainn, matched thei
?Vrotiou* looks. ; The cheers And cachi
nations o?': thousands o? i spectators rollet
down tho avenue in a roar, os rcxoundiui
a? the,Nea Year's guns feo in thc Nu vj
Va rd.
-> Nothing in the pageant wits more de
hghtful thud tile gootf humor-' with whibl
all classes of people- beheld .all kinds o
?alijrea and j burlesques upon the presen
political difiicultle-,. Such satires, bow
ever.,clumsy, were.numerous,, but the;
trovoked naught but hcartydaugbter.atii
armlet** witticisms. The very-Cabine
officers, and ? other offieerholder*. oft bot
parties who poked out their 'heads frok
their carriage windows.to view the spot
toole, laughed, shook and choked bchin
their handkerchiefs.
Ryi.s& pr AN ANCIENT SETTLEMEN'
--Vhs ruijia-of, the older* t*ttle.tt?eot : ti
;the upper Jame? River were disco vc rod
([few days ?go on the upper Fr. ll* Plann
tion by a, Mauche^er (Vs. \ stu ?qu?*
They ?re oupppsed Urbe, the rewatfi-. <
?n .sild stnive.. iiuatte or. fort i which w<
erected by CoL Thoma/.ft'logg, nour tl
Three Islands- in the year ltkioV
' !a*jsji>^?' Vi ^ b^lvl^atry '! '. t!
fi# * *?iii?ti?>.H SQ?.'Vf
B?tUW^a^?r?olT^ lawrie
tinSS7 ,UJ01P* *** *W *?14 W*7 *M ******
oar? W? ar? not re^^ntibU fox tb? *bw? ?st
ttplalona of our corre?indents. , .
All wi?monteatloB?fchowM WaA4r*j?d t*''EA>1
Hon I?Wll*:nc*r." snd aUcftesks. d^a^o?*^
otatn, At.fehooJa bt nomo pavabbi to the order
. II lilli II.' i" I limul in i m>'
WASHII?OT?N. Jan. 7, 1877.
Here I? the story bf the Florida Can
vassing Board, from the Democratic side.
It ia a plain atory, < easily; under-stood ;
audit i? thought hero that, before the
Republicana claim Florida for Mr,
Hayes, they ought to show this tole tope
Tarie. . '?' ' ?
Florida has thirty-ni no counties.
When tbe Returning Board met they be
gan by sn attempt to ascertain how tho
vote stood on the face of the returns.
But they met at once with a difficulty, in
Baker county, from which two return?
came up, one nf which gave the State to
Haye/?, the other to Tilden. Under the
Florida law the County Canvassers uro,
required to meet at the office nf the Coon-1
ty Clerk, within six day., after the elec
tion, to canvass the vote and.compile the
official returns. The Board of Canvassers.
are the County Clerk, tho County Jt -?ge,
and a justice of the peace or 8heriftV In
the case of Baker county the Judge (a
Republican) refused to meet the clerk,
ano, after waiting for him, the clerk i
called ip a justice of the pence and pro
ceeded publicly to canvass the official
precinct returns and sent the result '.hus
made by two of the three persons desig
nated by law to the Secretary of State.
This return gave the State to Tilden by
103 majority. The County Judge, who
bad refused to meet the other two. at the
same Unie called in a person who had
been appointed Justice of the Peace after
the election had been held, and these two
canvassed, not the official returns, but
duplicates that covered only two of the
fo*ir precincts, 'and Sent their returns to
the Socrltary.i of State; whiefr gave" the
State to Hayes: by 42. The Returning
Board decided, as, wag proper, that the
clerk's return wan tho correct one,.and
this ww therefore allowed and counted.
I Next comes Clay county. ' Here tho
county canvassers,'oi*0 Republicans, left//
out one precinct, on the ground that it
did not appear that the inspectors took
the oath prescribed by law. But they '
made a statement with their returns,
showing that this precinct gave 24 Dem
ocratic majority, and t tho Returning
Board held that the objection was not
good, and, therefore, counted the pre
cinct.
But, having gone so far, the Board be- .
gan to throw out votes. In Monroe
county they throw out a Democratic pre
cinct on tho ground that the canvass
there was not completed on the night of
the election, as tue law demands. The
inspectors completed tho count at one
o'clock, but one of their number, a Re
publican, fell ill, and moved to defer the ,
declaration of the return until the next
morning. There was no pretence of*
fraud.
In Hamilton county the Board flung ii
out Jasper precinct, on the. ground that
during the election two of the inspectors,
both" Republicans," deserted the polls.
One ?if these deserting inspectors-a Re
publican, be it remembered-himself
made the affidavit pf the irregularity ott
which the Board flung out the vote.
There was no attempt to impeach the
rectitudes of the vote.
In Jackson county the Board threw out
votes on the ground that the ballot boxea
were placed sp high that the colored
voters could not see into them. But atl
the election officers were Republicans
and tbe boxes were all alike.
In Mantee co inty the whole vote was
flung out on tho ground that there was no
County Clerk to attend to the registra
tion und other duties. The circumstan
ces were these : The Clerk of the county
Won s Republican, appointed by Gov.
Stearn*; be resigned shortly before the
election. The inhabitant)- appealed to
him to resume his untie*, bot he refused.
They asked the Governor to appoint an
other, but the new appointee refused to
qualify. Hence no new registration of
votera could bo made, and the law re
quires that every voter shall previously
and in the same year have been register
ed. After consultation it was determin
ed to open tho polls and to accept the
votes of all who had registered before the
previous election, each voter appending
an affidavit that be bad so registered.
The commissioners, inspectors and Coun
ty} Judge did their duty. The county is
strongly Democratic and the Democrats
claim timt they lost between 200 and SOO
votes by the discouragement of their vo
ters and the impossibility to register new
voters. . However that may be, the Re
turning Board flung out ihc whole coun
ty. ' ? .;' . ; '
By these operations the Stale was count- '
ed notonly for Hayes but also for Stearns, ,
Si Republican Governor, candidato for ,
election. Bat Drew, the Democratic
candidate for Governor, appealed tn the
Supremo Court ; and tho Court, on tho
evidence before it, and which is above
briefly recited and was not disputed, or
dered tho Returning Board to jrecanvasa.
the whole State, mentioning particularly
four counties. .The Board complied lite
rally with tho1'order of the Court; but
when' they' esme to Baker county they
accepted the returns which before they
bsd rejected as. false, ami they flung opt
the whole bf Clay, to which on the first '
count th?y hud made he objection and '
where n?'fraud was charged. Thus they
cruvii flin Rtatn nil th*? Bjw?/.rvj jjn;l ?;?
Drew and the Democratic State officers,
but still maintained it for Hayes..
. This ls the D?mocratie side of the sto
ry, obtained from a moderate and well
informed source. It must be remember
ed that iu all the counties which were
flung out tho election officers were Re
publicans, and that tho wrong Or infor
mality asserted waa' caused by them ; that
the Board first counted ?ti both Stearns
and Huye?, and on. a. recount were able
to! count in .Hsyea only by arbitrarily
flinging out votes to which, on their first
count and wheo they could not calculate
so'closely i they made no objection. It'
ls clearly n?oajwary that the republicans
'who poMcssed all the election'inachinery. .
liLfiVsEQ: .?.-- .LI- -.- ?i .i*
?lection Is false?; They cannot alford to
ave Mr. Hayes Counted in by such frauda
an ari? above 'recounted.
. SENSIBLE,Z ?DVICE.-Tho following
-sensiblS'advice ' was .given by tfae~lntn
Prof. Maury'to his noa, then at school
To the truly wise and good man, office,
place, honors, distinctions ore desirable '
or welcOnoe oiStjf as thpjf increase his
sphere of usef'dnea* and enlarge bin july*
liege bf doing "nod. To win Iraelj privi
leges, I .hope, will he th" h;gbVit pol ?it to- .
ward* whii-h tin- ambition <>:' nay otic of
;iny ?.ons will cwr. hr directed. I do not
kiViw whcio their lot may 6<3 cast', for
.they ore ?ill to hi; thc uitifuor^ jl" ;hi ir
own fortune. But whatever it may be, I
hope they will let politic* alone, afc?U to
be uveful meii?bejr> of tfse community in
\vhi<h limy live, and study the' wei tare,OT
ttlie Otimmon^raith it? winch they belong.
Ivel thl? be a ?ute of conduct with you^ '
now, tir. little hoys muy make themselves
I useful a* Well aa great ???.
. ---r-: - .... < .?? 1 . .
, - "this is very braning weather, air," ?
?aid a. bland landlord m an unhappy
.hoardsr.i i-VOhtd io hear, ic?,wast.tito
reply. "Bop* lt will brace) ?pw.your t
breakfast citFco, which has been vary palo. :
?tTwwk nf U*te.'f