Indiana State Sentinel, Volume 26, Number 25, Indianapolis, Marion County, 7 February 1877 — Page 9

S TT P-EIi'-EM-SEK T .2

COUNTING THE VOTE.

The House and Senate Meet In Joint Session. riorltla Reached and , the Conflicting Return Referred to the Trlbnnal. Wasuisotojt, P. C, February 1. Justices Miller and Field were the first of the jiulsce to arrive. Jhey entered without Jonuallty and took chairs to the left of the main aisle. At 2 minutes past 1 the speaker Announced the arrival of. the senate, and the member of the house, at the spt'gker'n tap, arose and remained Mantling while the senate, preceded by its officers. Hied down the .main aile and took e&U In the first four rows on the democratic side of the chamber. The president of the senate took a chair, having the spealcer on his right. When the senators and members were stated the president of the senate said : "The joint convention of the two houses of congress lor countinsthe votes for president and vice president will now come to order." I'erfect hilence followed, and the president of the senate continued: "In obedience to the constitution the senate and house of representatives have met to be present at the opening of the certificates and counting and declaring of tli results of the electoral votes for the offices of president and vice president of the United States lor the term of four years, commencing on the 4th day of March next. Jn compliance with the law the president of the senate will now proceed In the presence of t lie two houses to open all of the certificates of the several states, and in their alphabetical order, beginning with the state of Alabama." Then the strong box in which the certificates were was carrit d in by Mr. Iiassett, assistant doorkeeper of the senate, and placed on the desk before the president of the senate j who opened it, and takiug from it the certificate from the state of Alabama handed It to the tellers who were seated Just below him at the clerk's desk, and Senator Allison, one of the tellers read the document in extenso, the result of it all being that Samuel J. Tilden, of New York, and Thomas A. Hendricks, of Indiana had received the 10 electoral votes of Alabama. The vice president said the certificate received from Alabama by messenger having been-read, the duplicate certificate received by mail would be read. Mr. Ptone wa reading the duplicate certificate, when he was interrupted by Senator C'onkling, who suggested it was hardly necessary to read the duplicate certificates, but that whtn the first certificate was read by oue teller the other tellers should look over the duplicate in order that a comparison might be made. The president of the senate asked whether there was any objection to the proposition, and there being none he stated that that course would be pursued. After having then resumed and completed the reading of the duplicate certificate, the presiding officer said, " Are there any objections to the certificate from the state of Alalama?" After a paust, "The chair hears none, and the votes of the state of Alabama will be counted. One of 1 lie tellers will announce the votes, so there mar be no mistake- in the result. The vote was announced by Mr. Cook, and the same ceremonial was observed In reference to the next a'ate, Arkansas, except that the reading of duplicate certificate was omitted. There suit was announced that the six votes of Arkansas were given for Tilden and Hendrick. The next state was California, which gave six votes for Hayes and Wheeler. Then followed Colorado with three votes for Hayes and heeier, 'onneetieut with six votes for Tilden and Hendricks, and De'aware with three votes for TlUlen and Hendricks. The reading of the Delaware certificates concluded, the presiding officer asked Inadvertently If there were any objections to counting the .votes of the state of Florida, but he immediately corrected himself, and submitted Delaware amid suppressed, but general laughter. Then Florida wa- readied, and Mr. stone, the teller, proceeded to read the certificate. The reading of the first certificate showed the fur votes of Florida for Hayes and Wheeler. Then the presiding officer handed to the tellers another certificate received from the state, which, on being read bv Mr. stonejShowed four votes for Tilden and ifendricks. The former certificates were authenticated by the late governor Steams; the Litter by General (cke. Then the presiding officer handed down to the tellers still another certificate from Florid, received through a messenger on the Slst of January, and corresponding with the one received by mail on the :Jth ol January. This 3d Is an authentication ot the act of the electors who voted for Tilden an l Hendricks, and Is made by the present governor, Drew. After half an hour had been spent In reading the papers accompanying the third certificate, Mr. tonkling proposed that the reading b? regurded as completed, and the result le announced, as under the late acts of congress all papers would be referred to a provisional tribunal raised to examine such questions. There being no objection, it was so ordered. The presiding officer asked whether there were obJectiOD to counting the votes of Florida. representative Field sent to the clerk's desk a written objection to-the first certificate for llayesand Wheeler, signed by Senators Jones of Florida, Cooper and M Donald of Indiana, and by Representatives Field, Tucker, Jenks and Springer. The clerk of the house read the paper. It asserts that those persons (Pierce, Humphreys, Hollen and Young) assuming to act as presidential electors never were duly appointed by the state of Florida or In any manner whatever. That the other four persons had been elected and had an Irrevocable title to the office. That the certificate of election of the first four persons was untruly and corruptly procured and made In pursuance of conspiracy between them and M. L Stearns, late governor. That they were usurpers and that their acts are Illegal, null and void. Further objections being called for, Senator Sargent sent up to the clerk's desk on bthalf of himself mid Senator Corrover, Sherman and Teller, and of Representatives Woodburn, Dunnell, Kasson and McNary three several sets of objections to the votes cast by, Call, Hunton, Bullock and Yonge, the democratic electors, on the ground that their papers are not authenticated as required by the constitution and laws. Senator Jones, of Florida, made objection specially to Humphreys as holding office of trust and profit under the United States. Mr. Kasson matte an additional objection to the third set of certificates because they were not authenticated by the person who had the office of governor at the time that the functions of electors were exerised. The Presiding Officer Are there further objections to counting the vote of Florida? Brief pause. If there be none the certificates and papers together with other papers accompanying the same, as well as the objections presented, will now be transmitted to the electoral college commission for judgment and decision. The senate will now withdraw to Its chamber ho that the house may act separately on the objections A buzz of dissent at the closing part of the sentence pervaded the chamber, tut the presiding officer made no change and the senate retired, and order was restored. THE rOMJIISSIOX. A Fall Report of the Proceedings ot the Flint IMeetlnff. Washington, Feb. 1. The tripartite commission appointed ander the provisions of the electoral act to hear and decide all matters in dispute affecting the vote for president and rice president, met at 3 o'clock today in the room of the supreme court at the capltoL The journal of the proceeding sestdon was read, corrected and approved. A communication from the . two nouses of congress In Joint session was presented by Mr. (Jorham, secretary of the senate, and read m follows: Hall or Hovsx of Reprjskmtativxs, February 1, 1877. J To the President of the Commission : More than one return or paper purporting to be a return or certificate of the electoral votes of the state of Florida having been reeel ved and this day opened In the presence of the two houses - of congress, and objections thereto having been made, the said returns, with all accompanying papers, and also the objections thereto, am Herewith submitted to the Judgment and derision of the commission, as provided by law. (Signed) . F. W. Ferry, President of the Hen ate. The presiding Justice said, "It Is suggested, and I think very properly, that the doors may now be opened and that the proper persons be admitted Justice Bradley I understand there are

three certificates from the state of Florida that have been sent to the United States. I should think the proper coarse would he to have those three certificates read and then as each 1 rend let the part lea be palled upon to state whether they are objected to and who are ttp objectors. Until we read-those certificates, or hear them read, we do not know what we have before us. After that time It will be time to take such other order In regard to the proceeding as may by necessary. The Presiding Justice I will adopt that suggestion without a vote. Justice Miller I had the pleasure, sir, if it was a pleasure, of listening to the reading of these documents in the boose of representatives. If the papers about the state of Florida are read It will take an hour to read them. The objectors names are signed to the papers making the objections. I presume they will be prlatedV- They certainly out; tit to be printed, and then everybody can read them without consuming an hourof time In doing that which every man will want to do for himsrlf more carefully. I think if brother Bradley had known; as I know the length of these papers, he would perhaps withdraw his motion. The presiding Justice Does Justice Bradley withdrew his motion. Justice Bradley I did cot make a motion. I merely made a suggestion. Representative Payne I move that the certificate.", with papers, be printed at as early an hour possible. The Presiding Justice The motion before the commission is that the three certificates in the case of Florida be printed with objections thereto. If that Is your pleasure you will say aye. t Putting the question.) It . is agreed to. How soon can they be printed? ' Justice Field: "Should we not have copies of papers presented." The presiding Justice: "I suppose the certificates and objections may be printed in a very short time. The secretary will understand that the mot In is Intended to Include the certificates the objections and papers that accompany the certificates, and nothing else. It Is desirable that thev should be printed with as little delay as possible. That matter being disposed of, I am requested inquire if there arecounsel present who will take part after the managers or objectors have stated the case on one side and on the other. Mr. Evarts Mr. President: Mr. Senator Sargent has come and will state what he has to say in that regard. The Presiding Justice. I will withdraw the inquiry as put and say to Mr. Sargent that inquiries have been made as to the objectors. Mr. Sargent The objectors, the persons whose names are signed to papers, are Senators Conover, Sargent and Sherman, and Mr. McCrary, Mr. Kasson and Mr. Woodburn and Dunnell, of the house. There has been no oppoituniry up to this mement of consulting with these gentlemen to ascertain which of them will state to the commission their objections. The Presiding Justice Two objectors may represent the case in this tribunal. Senator Sargent So we understand by the rules. The Presiding Jusllce Who are the two? Senator Sargent There has been no opportunity for consultation to ascertain which of the objectors would present the matter to the court. The Presiding Justice Please make known to the commission ns soon as convenient. Senator argent We will do so. The Presiding Justice. Will Mr. Field state the names of the ocjectors on the other side? Representative Field The objectors to the first return are Senators Jones, of Florida, and Cooper, and Representatives Thompson Jenks and myself. Representative Abbott Mr. President, I desire to inquire whether the motion made in referciAV to printing covers, the printing of papers that are sent here with objections, because it seems to me that we are to consitler all papers , sent with objections, and it Is ' just as material for us to have those papers printed so that we c;in consider them as ll is to have the objections themselves. The Presiding Justice I do not understad the vote in that way. At present It Is that the certificates with the objections and papers which accompany the certificates shall be printed, not all papers that may have been sent. '. - v -, , ....... Representative Abbott I suggest that If we are to consider the papers accompanying the objections, they may, at some point ef the time, be made part of the cause; the objections themselves would hardly be understood without the papers, and we should have those papers printed or put 1 such form as will enable us to net on them. The Presiding Justice There is no motion on that subject. .

Representative Aboott 1 move men mat the papers accompanying the objections be also printed. Senator Edmunds-Mr. President, I submit that. It is possible under the statute under wh'ch we are acting that there may be no papers lawfully and within the statute accompanying an objection. The statute provides for the papers to accompany the certificates but as 1 remember at this bolnt (I speak subject, of oui-se,to correction, it does not provide for the papers ' necompanylng the objections, so that 1 think it will be a matter for the consideration of the commission In consultation how far in printing testimony that may be offered, whether by the objectors or anybody else, we ougtit to go. it may be a question for consideration whether the time would warrant us In receiving aad printing everything that may be proposed on either side. Senator Thurman Mr. President, It Is true that the statute requires papers accompanying the certificates to be laid before the commission, but it also authorizes the commission to take into view all the documents, depositions and other papers that maybe competent and pertinent to this Inquiry and If we have received papers from either of the houses, which, In the estimation of the houses It is pnyper to send to ns, it seems to me we must look at them and see whether they are competent and pertinent. I think, therefore, that the motion to print ought to be adopted. That will not delay us In having by to-morrow forenoon, as early as we see fit to aieet, printed copies of the certificates and objections. Wecan give directions that tliey shall be sent to us immediately, and the printing of these other papers can goon. Knowing the great rapidity with which work is done at the government printing office, I do not think we should have to wait very long to get them nil. ' Representative Abbott Mr. president, I think in looking at the law the objections only are to be sent here, and I fancy those papers, if they are sent here at all. must come as part of the objections so that perhaps the motion to print the objections would carry with it the necessity of printing those papers. I do not see how they get here except as papers accompanying the certificates, or as part of the objections. Of course I have no desire to impede the printing of the objections or certificates, but wbh to get them as soon as possible. Senator Edmunds Mr. President, In order that we may consider the topic, I move the motion of Judgo Abbott be for the time being laid upon the table, so that we may consider about it a little afrtewards. The presiding Justice The motion is to lay the motion of Judge Abbott upon the table. Representative Abbott I withdraw the motion for the time being, to be renewed at a subsequent time. The Presiding Justice The motion Is withdrawn, f A pause. I am requested now to cafiforthe names of the counsel who are to appear on each side. - Representative Field We have several counsel on our side. We have Mr. O'Conor, of New York, Judge Black, of Pennsylvania, Judge Trumbull, of Illinois. Mr. Merriak.of Washington, and Mr. Cireeue, of New Jersey. The Presiding Justice Counsel, not exceedt wo In number on each side, are allowed to participate In the argument. Sepresentatlve Field We have not selected those two. I only mentioned the names to you in answer to the question how many there are who are concerned in the case. We shall arrange that matter In the course of the evening. Presiding Justice That will answer. Who are concerned on the other side f Mr. Evarts As representing the objectors to the certificates other than those that have been represented In the entimerallon by Mr. r leui, i wiu state Airj Mtougbton, Mr. tauiey Matthews, Mr. Hhellabarger and myself are expected to represent the objectors in some of tne cases which will appear, and 1 wonid ask the Instruction of the court If It Is pertinent to make lnqdiry as to what Is Included In the phrase, "On the merit of any case absented to It, whether that means any issue Joined or objections to any particular certificate, or whether It Includes all that arises in the case of a particular state. Presiding Justice I think the counsel will have fo lodge of that matter for tbemaelvee unless they have some question to submit to

the commission, it is hardly within tne province of the presiding Justice to settle that. ' . Mr. Evarts We understand then. If the commission please, that the designation of two counsel will be sufficiently early made when the cese Is up. Senator Edmunds That is merely for final argument. . The Presiding Justice After the objections have opened the cas. Mr. Evarts So we understand. Justice Bradley I suggest to Mr. Evarts that probably the construction of that would be "the case on its merits." The principal question would be included in that term, and all interlocutory or other motions would not be Included in that phrase. Senator Edmunds "It covers the 'whole subject of a particular state. Senator Sargent "In reply to the question of the commission as to which of the ob

jections would present a case aside from counsel no tne conference it is determined that Mr. Cary and Mr. Kasson will appear. ' Senator Edmunds 1 move that the public sitting of the commission be now adjourned until iO-SO in the morning, unless the counsel or objectors have something further to say at this time. Representative Garfield I think there was an objection filed, regarding which no action has been taken an objection, I believe, from Senator Jones. I have heard the president of the commission make' no allusion to it. I inquire whether there is any special hearing to be had on that objection. I think it was different rrom other objections m filch nave been nled. I refer to it because it makes a distinct case and Is a different objection In its character from either of the other two that have been referred to. Iresiding Justice My Impression is, though I do not make the decision in behalf of t lie commissioner, that the several objections to the returns from a state constitute one case and that two objections will be heard upon one side and two on the other and after they shall have been heard two counsels will be heard upon one side and two upon the other, unless otherwise advised by the commissioner that will be the ruling. Representative Field. Will vou allow me to say that perhaps there may be some misunderstanding in regard to that rule unless 1 ' state to you precisely the facts. 1 The presldlngjustice Proceed, sir, Representative Field There are objections to the votes of Florida on each side: that is to say, we object to the four votes mentioned in the nrst returns. Mr. Edmunds Which are they? Representative Field They are, if I may use the names of the candidates, the Hayes electors. We object on our part to those votes, certificates and lists. General Edmunds And the other gentlemen object to the others. Representative Field Mr. Sargent, Mr. Kasson and the gentlemen on the other side specifically object to ours. Ihen there is an additional objection made by General Jones, of Florida, and the others to one of the Haves electors as ineligible nnder the constitution that is a distinct matter and we supposed It would be taken up quite distinctly. It is a minor affair and should not encumber the principal one, and if the commissioner will allow us, we will desslgnate as objectors Mr. Thompson and Mr. Jenks. I suppose the discussion of that matter jwill not take much time of the commission at all events, as the matter of form, if you will allow us, we will suggest that Mr. Thompson and Mr, Jenks be the objections, and as to the counsel we will advise to-night and inform the commission to-morrow who will represent us. Presiding Justice When you are advised what you desire you will submit a motion to the commissioners, and I will have it determined. At present I am not prepared to rule otherwise than I have. If there be no further suggestions to be presented t will put the question to the commissioner. That when this commission adjourns it adjourt to meet at 10-M o'clock to-morrpW morning. Senator Edmunds I will move, so that we shall not keep waiting the gentlemen who wish to prepare their matters fyr the commission, that the public sitting of the commission be now adjourned until 10 to-morrow morning. Senator Thurman But is the commission to continue In ession to-day? Senator Etlmunds Yes; for consultation. Presiding Justice Under the circumstances I will rut the motion, with the consent of the mover, that when the commission adjourns it adjourn until to-morrow at lOiTO a. in. The motion was agreed to. Presiding Justice I will notify all who are F rezent that there will be no more public busness transacted by the commission to-day. Senator Frelinghuysen I was about to suggest that It would be well to understand from the obj actors and counsel whether they will be prepared to go on to-morrow morning. Representative Field On, our part we are prepared to go on at any moment. We are prepared to go on now if you wish. Presiding Justice The gentlemen present may understand that there will be no f urther public business transacted by the commission to-day. The commission will remain for private consultation. The room having been cleared, the commission remained for consultation, and after sjme tlm spent in deliberation, the commission adjourned to Friday, at 10 o'clock. The Objections or Both Hides to the Vote of Florida. Wash ixotox, Feb. 1. The following Is the substance of the objections presented te-day in the house of representatives in the Florida case: Representative Field presented the objection to the conntirig of the vote of the Hayes electors and to the paper purporting to be the certificate of M. L. Stearns as governor of Florida that said the electors were appointed on behalf of the said state. He objected to the papers purporting to be list of the voters cast by the electors and the votes themselves, on the ground that the electors were not appointed by the state of Klokiila in such manner as its legislature has directed, or In anyuanner whatever. 2. That the Tilden electors were appointed In the manner directed by the legislature. S. That the qualified electors of the state appolntea the -Tilden electors which gave to the 4ö appointees irrevocable title. 4. That Stern a certificate to the Hayes electors is untrue and corruptly obtained. a. mat tne said certificate is tne result oi a conspiracy between Stern and the electors. 6. That il Stern's certificates ever had any validity II . h;m been annulled by the lawful certificate of the executive of Florida and by the Judgment of the circuit court of the state. It Is also stated that the Tilden electors should cast the vote of Florida for Tilden and Hendricks, and that all their acts "been in conformity with the constitution of the Unltetl states ana acts or congress, except section 136 of the revised statutes, and in conformity with the Judgment of the Florida court. Subsequent to December 6 the governor of Florida, In compliance with section 13H of the revised statutes, gave to the said Tilden electors the triplicate lists prescribed by said section, which they forwarded as a supplement to their former certificate. Mr. Field submitted a large number of documents In support of the objections which are signed by Chas. W. Jones, Henry Cooper, J. E. McDonald, Senators David Dudley Field, J. K. Turks, T. K. Jencks and Win. Hprlnger, republicans. Senator Sargent presented an objection to the certificates purporting to be the certificates of the Tilden electors on the grounds that said ceitiflcates were not authenticated according to the constitution and laws of the United States, and not entitled to be received, read or counted. (Signed) B. B. Conovxr, A. 8. HAROK.vt, John Sherman, II. M. Teli.kk, Senators. Wlf. Woodbukx, . M. II. DrsxEix, Johs A. Kashus, G. W. McCkary, Representatives. In the same behalf Mr. Sargent presented objection to the Tilden certlncaten on the ground that they do not include or are not accompanied by- the certificate of Florida as - having , been appointed electors to east the vote of the state and further, that the Hayes electors were duly chosen in the regular and valid manner, and cast the vote of tne state for Hayes and Wheeler In a lawful manner. Senator Jones presented objection to counting the vote of Humphreys as Hayes elector, on the ground that he held a position as United State shipping commissioner and 1 therefore Ineligible. (Signed) C. W. Joxw, Senator. C. O. Thoht805, Representative, Mr. Kasson, presented objection to the certificates of the Tilden electors on the around

that the j are signed by the an ofiloer not bold

lng the office of governor or any other office giving authority in the premises. 2. That the certificate of qualification of the electors is ex pott facto and Incomplete under the law, and 3. That tne certificates are null and void as retroactive proceedings. (Signed) A. H. Sakuent, JOHX SHKRMAN, Joiik. A. Kaskon, . ' Senators. H. A. IICHLBCT. i ' ; Representative. Tlie Rale Adopted by the Commission ' Washington, Feb. 1. The electoral commission to-day promulgated the following rules, adopted by them last evening, under the authority of the recent act ol congress: .Rule 1. The commission shall appoint a secretary, two assistant secretaries, a marshal and two deputy marshals; a stenographer and such messengers as shall be lieedful to hold during the pleasure of the commission. Rule 2. On any subject submitted to the commission, a hearing shall be had, and counsel shall be allowed to contest the case on each side. Rule S. Counsel not exceeding two in number on each side will be heard by the commission on the merits of any case presented to it, no longer than twa hours being allowed to each side unless longer time and additional counsel shall be specially authorized by the commission. In hearing of the Interlocutory questions, but one counsel shall be heard on each side, and he not longer than 13 minutes, unless the commission allow further time and additional counsel, and printed arguments will be received. Rule 4. The objectors to any certificate or vote may select two of their number to support their objections in oral argument, and to advocate the validity of any certificate or vote the validity of which they inalptain, and in like manner the objectors to any other certificate may select two of their number for a like purpose; but under this rule not more than lour persons shall speak, and neither side shall occupy more than two hours. Rule 5. Applcations for process to compel the attendance of witnesses or the production of written or documentary testimony may be made by the counsel on either side, and all process bbail be served and executed by the marshal of the commission or his deputies. Depositions hereafter Hken for use before the commission shall be sufficiently authenticated if taken before any commission of the circuit courts of the United States, or any clerk or deputy clerk of any court of the United States. Rule (. Admission 1 public sittings of the commissioners shall be regulated In- such a manner as the president of the commission shall direct. Rule 7. The commissioners will sit, unless otherwise ordered. In the room of the supreme court of the United States, and with open doors, excepting when In consultation, unless otherwise directed. ,

THE CONSPIRATORS' SCIIUIE. One of the Louisiana Plotters Give I 1 Away tbe Whole Programme. Washigton, Feb. 1. The committee on powers, privileges and duties of the house In Counting the electoral vote, to-day recalled Maddox, who had read an explanation of his refusal to respoud to a question of yesterday. The refusal was because of his disinclination to commit a breach of faith. He asked for delay that Governor Wells might make a full statement, but aa the governor did not the witness was now ready to answer and said before Governor Wells wrote the letter to him he had a conversation with the governor with regard to the political situation and the difficulties with the returning Iward. The governor proposed that the witness should go to Washington and explain the situation, lie concluded lie would write a general letter to tbe witness as confidential, and he also wrote another letter to a friend in Washington. When the witnens arrived at Wells's office the next morning, one letter was finished and lie was wri lng the other. The witness brought away the letter to him open, and the other, sealed, was addressed to Senator West, but had never been delivered, tiovemor Wells said his life was in danger, as he had a very difficult Job on hand, and did not cee how he could get through with it. Wells stated that he would like to serve his party In making a return in favor of Hayes, but would not take the risk unless paid for it. The majority was very heavy too much for him to handle and he did know where to commence to throw out. He said the probability was he would have to throw out tne vote of New Orleans on tne ground, the witness thought he meant, of necessity. Wells asked nim to go to Washington to see influential men and obtain protection for hlm,and also to see whether he could not get the required money to satisfy him. Wells said he ought to have one million dollars. The witness showed to the president and Secretary Cameron the two letters addressed to him by Governor Wells. He told the secretary that Governor Wells wanted money, but the secretary declined to have anything to do with the matter of money. The programme was that the vacancy on the returning board should be filled and Governor Wells should resign hi anger. On that account the witness did not know there was any special arrargement between him and Governor Wells about the details, but the witness was required to submit a plan which would be acceptable. The witness having been interrogated relative to the telegram sent Senator West under the assumed name of C. M. Calvert, said it was understood letween him and Governor Wells that if the representative at Washington failed to bring money then the witness was to use his own Judgment In the negotiation, to give the returns as they were made lnew Orleans.and that he should commence a second negotiation. The word "hold" in the telegram tn Uovernor Wells signified be was to hold the returns In such situation as to make them available at will. The first negotiation failed, and Governor Wells stated to the witness that he wanted for hlmse.f and General Anderson at least $2u),Ox apiece and a smaller sum for the darkles or negroes of the returning board. When the witness returned to New Orleans he had a conversation with Governor Wlls nbout the failure of . his negotiation. The witness received a dispatch from Colonel Pickett saying the negotiation had failed, when Governor Wells suggested that the wltnessendeavor to make some arrangement in that direction.bnt did not succeed. The Idea of the witness, rrom what Governor ells said, was that he would throw out the votes to the best advantage. In order to produce certain results which would depend on circumstances. Mr. Lawrence cross-examined Maddox, who said in his interview with Secretary Cameron he told the latter that Uovernor Wells wanted $l,0UO,UOO, but the secretary declined to have anything to do with the proposition. Mr. Field remarked that he saw uovernor WellM nresent makinsr nrivate observations. Wells replied that he only wantod to hear the truth. O. Did Governor ells say anything to you about going to New York? a. ro. Q. Did he tell you to see Colonel Pickett?, A.-No. Q,. Or to see any leading democrats? A. Ne; that was not necessary, as what I did was on my own motion or joint motion of Wells and myself. Q. Did Wells speak to you of the necessity of incurring expenses to show the electoral frauds in Louisiana? A. 1 do not think hedid.but Gov. Wells said lie must have money. The witness had no conversation with General Anderson on the subject of selling out the returning board, but Uovernor Wells said he wanted money and would have money because it was the last chance he would have. The matter of the sale of the state was discussed on the 13ÜJ of November between Governor Wells and himself. In reply to the question, whether, as be testified in bis direct examination, he was sure that Colonel Caaey said to him Chandler wanted him to see about the political sltutalon in Louisiana, the witness replied in the affirmative. This was before tbe witness left for New Orleans In his capacity as revenue officer. Ha was satisfied that Pickett told blra he had written to Colonel Zacharie, democrat, of New Orleans, saying the witness was a dangerous man and to beware of him. The witness then testified to his continued business relations with Colonel Pickett. During the late war the witness was in the secret service, and frequently gave Information to President Lincoln and Secretary Seward, and had conversations with persona on the confederate side, including Jen Davis, bis object being to find out what was going on south. Q. Why was tbe letter Governor Wells wrote Senator West not delivered by you. to ' him? A. Because It contained delicate Information, and I was not disposed to trust him after I bad received that letter from Governor Wells. I had a conversation with. J. Alexander Walker and dined with him.- Walker was considered a whig democrat. I talked with Ulm about the election, but nothing was said

about declaring the result. Walker was a man with whom I operated when a second negotiation was attempted. He knew nothing about my arrangements with Wells. In consequence of the conversation with Walker and on reflection I concluded not to deliver the letter Governor Wells wrote to Senator West. I discussed tbe contents of that letter with a party to whom I transferred it. Q. Was there any arrangement between you and Colonel Pickett as to how much money you were to each get? A. I did not know how,ruuch-I was to get: that depended on circumstances. Colonel Pickett said he did not care about the money, exeept for charitable purposes.

J. Madison Well Interviewed. New York, Feb. 1. The Herald's Washington correspondent sends tbe following report of an interview with J. Madison Wells, of the Louisiana returning board, In relation to the evidence given yesterday before the bouse committee. Ho says Wells, who is confined in the capitol, was Interviewed by a Herald correspouuen. w ho aSKeo: Do you know John T. Pickett, who has been telling a startling storv of you? I don't know John t. Pickett, and do not remember ever to have heard of that name before. Do you know J. H. Maddox? Yes, very well. I have known him since the days of the Mexican war. That is, since l&lti. A copy of the letter, reading as follows: "You fully understand the situation. Can't you advise with me In relation thereto?" was then read to the prisoner. Wells said: "1 wrote such a letter to Maddox, but not in connection with the subject you have mentioned. The story as it has been repeated to me is an Infamous He, baseless as it Is malicious. I am anxious to be heard In defense, or at least to tell my story.and when the time comes perhaps 1 m,ay be able to tell more than would be agree able to my persecutors. You say I was to sei ont for tl,0uu,000. What nonsense. A mllliot dollura? No. not for H0,0uO,üO0 would I betraj my party. This, sir, is a matter of principle and I can only explain this series of damnable lies as a part of a conspiracy to injure me. The witnesses were brought 400 miles to malign my character. This put Governor Wells In a confidential humor, and with a broad grin he explained that if be had been in the sellln(fout business his friend Maddox was not the man to whom he should have confided the plan. As for Pickett he is a myth so lar as he knew. Do you knowSwhat Littiefield has testified to? Yes; I have heard an outline of his evidence. It is a part and parcel ot a job to bring the returning board into disgrace. It is a trick to Injure our reputation before congress and the people of the country, but It will fall. I know it will. There Is to be an exposure on the other side of the question In a few days th it will set many matters, not now understood. In their right light. The democrats seem to lorget there are two sides to this controversy, and It will bo made to appear that Governor Hayes can be quite as warmly defended by his friends as Tllden's friends have been zealous In their efforts to prejudice the republican vote In Louisiana. Wells said he liad not made, nor did he intend to make, any application for a writ of tuibiii corpus, and 6uch a step could not be taken without his consent. It was his purpose to remain quietly in the hostile until tbe 4th of March, when he supJwsed he would be certified to court and reeased on ball He would not now say what would be the tenor of his statement before the committee. His contempt was thus far confined to his refusal to deliver up papers before the returning board; perhaps this would exclude him from the privileges of making any statement before the house committee. There was, however, another committee in the senate, and it might be that he would be summoned to appear as a witness before the senate committee. At all events he could afford to patiently wait until the time came, to refute the paicel of infamous lies which had been told abut him. The following interview with Governor Kellogg is also given: Kellogg, when he was informed of the tenor of the testimony given by Pickett, said that it recalled the statement, in his office the latter part of November, by Wells. There were present ex-Congressman Sheldon, Dr. McMillan and a number of prominent men in Louisiana belonging to both political parties. Wells said in his pecuUarly emphatie mannen "Well, 1 nave named my price at last Tllden's negotiators have been dickering long enough, and I concluded it woald be best to name my price." The question was then asked what amount he had fixed the sale of Louisiana at. Wells replied, "I am none of your ,000 or f Vi0,00ü men; my price Is a round million." The remark provoked laughter, in which Wells joined. It was regarded then as a piece of pleasantry, and left no other Impression upon the mind of Governor Kellogg or the other gentlemen present. Said Kellogg: "Let us tor a moment suppose the proposition to have been made, and it will readily appear that neither Wells nor any other member of the board could have been a party to it. For its consummation the first step was to pay füO.WO when the fifth member of the board was elected. That member was to be a democrat, of course. The only reason the vacancy was not filled in the beginning was because the democrats had resolved that no one should have the office but Dr. Kennedy, and he was personally objectionable to Wells, who opposed his election. I told the democrats if they would pree nt the names of fonr or five good men, one of tbe number would be selected, but Kennedy or nobody was their motto, and so the matter rested. For ITO.OiiO then according to Pickett and Maddox, Wells would have withdrawn his opposition and Kennedy would have become the fifth member, and who would have been the wiser? The other part of the contract, however, would have been Impossible for Wells or ans-bodj 1ka tn linve carried out. Being then no governor of Ixmisiana, and by the law alone vested with the authority to commission the members of the returning board, I should have emphatically opposed the political change contemplated m this cool million proposition, to make the treaty at least plausible. Where wan I tn nme In?" Knl.l tiovemor Kelloce : "was I to get nothing for the electors' certificates, or was it presumed that I wauld bllnrtlv obey the behests of the returning board?" Kellogg said that he had received a telegram stating that a dozen witnesses would leave New Orleans to-night, most of them being clerks of the returning board, whose evidence wnnl.1 he ft rebuttal of Littlefleld's. He was confident that the returning board had done nothing but what was clearly autnonzeu un der law. Wade Hampton the Inegal Governor. New York, Feb. 1. A dispatch from Columbia says Governor Hampton having granted a pardon to Anizi IloKborongh, a colored prisoner in the jail of Chester county, and the sheriff refusing to release the prisoner on the ground that Wade Hampton Is not governor of the state. Judge J. T. Mackey issued a writ of habea corpus m the petition of tne prisoner and yesterday the case was argued, when Judge Mackey promptly decided that Wade Hampton was the legal governor. The sheriff's counsel promptly appealed the case to the supreme court. Cursed be Chamberlain. Greenville Special to the Charleston News. At the public meeting held in the court house to-day the following resolutions, offered by ex-Governor B. F. Perry, were unanimously adopted : Resolved, That we, the people of Greenville county here assembled, do proclaim Daniel 11. Chamberlain, the carpet-bagger from Massachusetts, a hypocritical aretender and foul usurper, attempting to trample on the rights and liberties of he people of SooU Carolina, and we repudiate him and his usurped government with scorn and loathing. Resolved, That the pretended act of ChamhorVuin'i twwiM legislature, levvtiig an enor mou tax on the property of the citizens erf South Carolina is nan anu voia, anu w pledge our Uvea, our fortunes and our sacred LnnrnnvHtatMir one cent of 1 1 under any circumstances, be . the consequence wbat lhevmav. Resolved, That we will voluntarily and cheerfully pay all taxes or contribution. called for bv Uovernor Hampton and bis democratic legislature necessary to defray the legitimate l Tnnui of the state. Resolved. That we connaenuy iook to congress for a fair count of the votes for president anu vice presiuent accoruiiig wuhuu tlon and heretofore uniform precedent, porg lng the electoral vote of all frauds and false re turns. Train wreckers are at work on the Erie road. A well laid schema to throw a train from the track was lately discovered rt Waveriy, New York,

A DAY OF ARGUMENT. -

The Case of Florida Discussed by Counsel Before the Tribunal. Eloquent Speeche by Darld Dndley ricKI and Tucker of Virginia. Washisotox, Feb. 2 The electoral commission met at 10:30 this morning. The presiding justice said the Question had been asked yesterday what is the case, to which he had replied itconsistsof three certificates with accompanying paners and objections to the same. lie would now state that two ob jectors on each side would be allowed to speak on the opening of the case these representing objections number one, which was presented by Mr. Field, would sneak fit and under the fourth rule would be allowed two hours to state the case and argue in support of the objection. Mr. Field atked whether, after the objectors had spoken and the opening argument was made, any reply would be allowed. Justice Clifford stated that the rules made no provision for a reply. Mr. Field then onened the argument a an objector in the case of Florida, and argued in in iavor oi going Dehind the lace of the returns, on the ground that if thiä could not be done the American people would be in the position of standiner nowerless in the face of the Lrigantic fraud. xie reviewed me action ol the Florida returning board and of Governor Stearns, and read from the evidence taken before the house committee to show that the votes of precincts had been thrown out without a particle of evidence and upon mere supposition or belief that intimidation had been practiced. The votes of Johnsville and Darby ville were cited as instances of this action, lie argued that the paramount question before the committee waswhether in the face of such testimony it can be claimed that the face of the returns is to be considered as conclusive and binding. The usual form of stating the question, can you go behind the certificate? is an erroneous form. The question should be reversed so as to read: "Can the certificate go behind the truth and conceal it?" There is no pretense that the vote of the state was not giv en for Tildn and Hendricks, the eole pretext for denying the fact being the certificate of Governor s:tearns. They say that the truth can not be proved cs to the certificates. This includs the proposition that the two houses of congress have no right, either separate or together, to consider or inquire into any act which Governor Stearns may certify to congress. Suppose a governor should become so debased as to corruptly and falsely certify to congress that one set of electors had received a majority of the votes of a state, is there no reruedj? The constitution nowhere declares that the certificate of a governor shall be conclusive against all proof in regard to tbe election of president The constitution distinctly declares that it is the person having the high est number of votes who hall be declared elected, and it can not rightfully be said tuafc uie ceruncaie oi me governor ol a state can overrule this provision of the constitution. -Mr. Field cited the case of Ilarstow. of Wisconsin. in the fourth Wisconsin reports to show th f ropriery of the proceeding by gwo warranto. u that case the usurping governor was ousted by the courts, and the rightful governor was installed in his stead. The case is parallel to that of the governorship of Florida. Mr. Field regretted that there was no similar provision of law bearing on the question of the presidency, and paid a high tribute to the foresignt and statesmanship of one member of the commission (Senator Morton) for having discovered the latent uiuicuiiy 111 tue. qufeui'ii ui' uie uisputed presidency, and labored early for its settlement. I will not argue that the judgment of a court of competent jurisdiction can be impeached collaterally for fraud. If it could be it would be against public policy. It would be a scandal to inquire into the bribery or corruption of Judge White, the judge is sitting upon the bench and therefore, from motives of public pol icy, it may be true that until a judge be impeached or ren.oved vou can not inquire into the corruption of his acts. I venture to say, however, that there is no document anywhere that you can not impeach for fraud. I put it to tbe court that independent of the question whether the judge was mistaken, and it be 6hown that acting in the exercise of his judgment and from a desire to do justice, he had erroneously certified a thing to be true, which I have no- , doubt you could inquire into, I submit that if you show that he corruptly acted and that he was bribed or led astray by his hunger for office or thirst for power not lefs than by a thirst for gold, you car impeach his acts. Who is he whose acts we are asking to imperch? It is the then governor of Florida, M. II. Stearns. Stearns is the man who sent a telegram at-king "On what grounds can we throw out votes?" and received for an answer "Fraud and in timidation," or something else. Stearns is the man who controlled those puppets of tbe canvassing board, who were to .decide whether or not he was to exercise the office of governor for thenext term. It is a correctsupposition of law that you cannot inquire whether that man has acted fraudulently II it be true that the certificates cannot be gone behind, then it ist equally true whether there was an election or not. Suppose I prove or offer to prove- ., . . , . V 1 , that on me an oi ovemoer last mere was. no election whatever in the stote of Florida, and that no- man, vtoted or cast a ballot, and. yet a certificate should come here signed "M. -H. Stearns," could you say that that shows thot those four men were elected at the election? To thatoomplexion, must it come at last? There no middle grounds Ii yoa can inquire into the truth, of that certificate you can inquire into every . . . . r . a a. ; i fact relative to lit. mo gresuiH. quenuon-ia to respect the dignity of tie presidential office and the enormous interests depending upon it are as nothing compared with the monal elaients involved. The greater question is wither or not the- Americas people stand pawerkss before a gigantle fraud 11 ere is this certificate (holding it aloft in bis hand One feels almost reiactant to touch it Hold it uu to the light It black with crime. I "ass It around, lew every man see it, and ihen tell sie whether or not that certificai gives a titU to an office contrary to truth, as we can prove it. If fraud succeeds immt, let us cover our faces, with shame. Let us take down the statue in tbe dome of our capitol which every morning faces the coming light. Let us clothe ourselres in sackcloth and sit ini ashes forever ' Mr. Fie Id a was followed by Representative Tucker, another of the objectors on thecase, lie summarized the objections presented bv Mr. Fields yesterday and said "the whole question presented to this tribunal is question presented to two houses o congvess and which they have submit ted. to this tribunal in their sted, to, decide. It is simply this: la here any power in the constitution. unuer wiiic-ii wo mo uj ....... - - - - be prevented on the presidency. He alludea to the quo warranto of the state of Flvridft f