The Democrat. (Montrose, Pa.) 1876-1878, January 24, 1877, Image 8

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    TIE WEEK.
In °Florida, Thutsday 'last, Gov. Dtew
approved an act of the Legislature::te..;
quiring the State Poard> Canvassers
to make a new • canvess,of thd electoral
votetiutuccotdauce with a decision of the
gupreme Court made in January 1871,
the results of which were acCepted by a
&publican Congress; and the decision of
December last,. which extinguished the,
claim~.of•• rStearti ) itugu ration'
and established the government of Drew,
whose tile to the position is now undis=
puted.
The first section c o mmands "the Sec
retary of State, Attorney• General and
the ( comp trolleF, ,:.of Win AccOn nts r , or,
any t4o of them, together with any oth'-
er member of thf:..Pallinet , ,Who ray be
designated by them, to meet forth
with at the office of the Secretary of
pursuant to notice to be given ny the
Secretary of Otatei,''..ind fornill , a board of
Stattecinvassera and proceed • to canvass
thiiireturns.of ,the election of electors.of
President and Vice President held . on
the seventh day 14 November,.l.B76, and
determine.and &Clare 'who were elected
and:appointed electors at said election as
shown by-prich returns on file in the of
fice of the Secretaryof State."
In obedience to this law., the board
met on Fridai. Attorney-General Raney,
baying been of counsel for the Democrat
ic elect Ors, declined to'act, and, gr.. Cor
ley, Commissioner 91 Lands and Immi
gration,,was designated to his plate. The
canvass was then gone into, and all the
returns found to be regular were:counted,
and, footed up 24,434 for tie. Tilden eke
.tors and 24,340 for the Hayes electors.
From Louisiana our latest dispatches
of any importauce are of Jan. 20th which
say. that Packard paid a small amount of
money to his Police; and promises.to give
his legislators_ a part of their money on
Monday. , A' good • deal of curiosity was
excited to know how 'he raised hie mon
eyott.hahas no way to `getit through
the treasury. It appears that after elec
tion about $40,000 pf the campaign fund .
remained on hind. - Part of this was
paid out in bribing supervisors,and about'
$20,000 of it remained. This constitutes
the wholesof Packard's financial resourc
es for the support of his government.
There was no quorum in the Packard .
House to-daY, only forty-four members
being preeent, The speaker ex-Governor'
Hahn. took advantage of the opportuni
ty to vistt the, legal Legislature. Re was
eordiall 'veceived and invited to a seat
beside tki4residen't, which_ he accepted.
This has caused much speculation,
and rut6re are circulated that Hahn is
aboUt to secede from the Packard faction.
The Republican officers in the country
pansheal continue to give in their adhe
sions to' i Governor Nichols. Natchitoches
is the latest instance. •
ACTION OF THE JOINT CO.VMIT
TEE:
'Tie bill and report previously a,
_ _ _
upon in a conference of the two commit
tees, were ,presented „to each house of
Congress, separately on Thursday last.—
They were read, ordered to be printed,
and committed for the' action of each
climber.
The.report was signed by all. the.mea
berm, of the committee except Morton,
who, however, it is said, will not offer
any strenuous objection to its passage.
The committee say:
"We have applied the utmost practica
ble study and deliberation to the subject,.
and believe that the bill now reported is
the best attainable disposition of the dif-,
ferent problems and disputed theories :
arising,out of the late election. It meet
be - obvious to every person conversant
with the history of the country and with
the formation and interpretation of
,the
Constitution, that the wide diversity of
views and °Pinions touching the subject,
not Wholly Coincident with the biased
I wishes of the members of political par
,
ties, would naturally exist We have in
this state of' affairs choten, therefore,
not to deal with abstract questions save
so far, as they are necessarily involved in
the legislation proposed. It is, of Course, -
plain tfiat the -report of , the bill implies
that in our opinion legislation. may be
had on the subject in accordance with
the Constitution, but we think that;the
law proposed is inconsistent .with a few
of the principal theories upon the subject.
The Constitution requires that the elec
toral votes shall be counted upon a par
ticuiar All will agree that the
vateLnamed in the donstitution are the
constitutional votes of the States and no
other; and they haie .been found
and identified there is nothing left to be
disputed or decided. Ali the rest is the
mere cleric?l work of summing nithe
=IMO
numbers, which being done, the Consti
tution itself -declares the consequences.
This bill, then, is only directed to - ascer % ,
taining, for the purp_ose,and in aid of the'
counting, what are the constitutional
vo,tes of the respective. States;:and,lrhat..
ever jurisdiction exists snob purposes;
the bilLonly regulates, the method of ex,
ercising it. The:Constitution, our great
instrument ! aeourity for liberty ; and ,
order, speaks in the simplest language for
all such cases: - M;•: , vhatever ospetit:4they
may be presented. • it, deplores that the
(ingress shalL have . p ower "to make: all `
laws which shall .he , necessary . and 1)1'4-
er for: currying in to,exectitioti the - 14gft,. :
i:ng powers, and all other powers vested
by the Constitution in the 'Government
Of the-United- States .or any department
or officer thereof." The committee
therefore., think, that,' the law proposed
cannot he jiisq . assoiled:l#tinPonitiiii
tional by any One for this reason. We
think it unnecessary, whatever May be
our own individual' views,,to , diseuss any
of the theories referred to. Our fidelity
to .- -th e Constitution -is observect - whep 'we
find" that the law we recommend is con.
sistent with that instrument. Thb mat-
ter, then, being a,proper subject for leg
islation the fitness, of the means proposed
becomes the next subject• of considers-
hon. - .Upon this we bag leave to submit'
a few brief Observations. In all just gov
ernments, both public and ptivate rights
must be defined and determined by the
law. This, is essential to the very idea 9f
Such a government, and is the character
distinction between free and despot
ic sy3tems. However, important it may
be whether one citizen or another shEl
be the Chief, Magistrate for a period pre
scribed, upon just theories of civil 'nett-.
tutions it is of far greater moment that
the will of the people, lawfully e x pressed
in the choice, of that officer, shall be as
certained and carried into effect in a law-
fut way. It is true that in every opera
tion of a government of laws, from the
most trivial to the most important, there
wifl ;always be the possibility that the re
sult.reached will
. not be the true one.—
The executive officer may not wisely per
form
_his duty, the courts may not truly
declare the law, and the legislative body
may not enact the best laws. But in
either case to resist the act of the Execu
tive, the courts or the legislature, acting
constitutionally and lawfully within their
sphere, would' be to set up anarchy, in the
place of government. We think, then,
that to provide a clear. and lawful mean s
of performing a great and necessary
function of governtilent in a time of
much public dispute ileof far greater im
portance than the particular advantage
that any man or 'party may in the coarse
of events possibly obtain. But we haVe
still endeavored to provide such lawful
agenties of decision in the presentcase
as shall be the most fair and impartial
possible under the circumstances. Each
of the branches Of the _Legislature and
the Judiciary are represented in thtri
bunal in equal proportions. The Bom
position of the judicial part of the com
mission looks to a selection from differ
ent parts of the republic, while it is
thought to be free from any preponder
ance of supposable bias,
_and the midi-
tion of the necessary 'cAtstitnent part .of
the w4ole commission in order to obtain
an uneven number is left to an agency ,
the farthest reiroved from prejudice of
any existing attainable one. It, would be
difficult, if not impossible, we think, .to
establish a tribunal that could• be less the
enbject of party criticism than such a
one.The'principlepf its constitution
. is
so absolutely fair that wed are unable to
perceive how the most extreme partisan
can assail it unless he wishes to embark
upon the stormy sea of unregulated pro
.cedure, hot disputes and dangerous re
sults, that can neither be: measured nor
defined, rather" than upon the fixed and
regular Coupe of law that insures peaee
And the order of society, whatever party
may be disappointed in-its hope& The
unfortunate circumstance that no pro
vision had been made , on the subject be
fore the election,has greatly added to the
difficulty in dealing: with it, inasmuch
as many of 'the people rot the \ Country,
members of the respective political par
ties, will, perhaps, look with jealousy
upon any measure that seems to involve
even the probability of the defeat of their
wishes ; but it has led the committee to
feel that their inembers are bound by the
highest duty in such a case , to let no bias
or party feeling stand the way of a
just, equal and peaceful_ measure for ex
tricating the question from' the embar
asaments that at Present surround it.
In conclusion we respectfully beg lease
to impress upon Congress the necessity
of a'speedy deterniinatioti upon this Buh
l' • • hi to r te the
jeet. ,A,za =poem e
_es Imo ma
terial loss, the country daily,sustains from
the existing state of uncertainty. It di- .
rectly and povierfully tends to unsettle'
and paralyze. business, to weaken public,
and; private credit:;ind to,!9rilate . appre;.
hentlioini in the - 4114'1dg of , the - liikifile that
disturb the peaceful tenor of their ways
and -tiiiapiness. It does - far inore-;--it lends
to bring republican .ini3titutiOns into- die
credit and to create doubts of the success
of:. Ones Win: of goierninea n di= 4 the
-
Perpetuation of the republic. All con
siderations of interest,. of intriotim and
of . juitice unite in demanding the 'law
making power a Measure that - wilr bring
peace' and..prosperity to the country, and
show that our republican institutions are
equal any emergeng. • And, in this
connection we cannot refrain from the
expression of our Satisfaction that your
committee,
,com.pe§ed •
. of - '.equal numbers.
of opposing. parties, - have -fortunately
been able to do what has been in vain
heretofore---almost unnanimously to
agree Upon a' plan - Considered 'by them all
to be jilst . „ wise and efficient., ,
We accordingly recommend the pro, c,
posedact.to the patriotic and just judge
ment of Congress." - •
• The, following is , the complete text of
thi. bill :
A. bill to proyide' for and regulate the
counting of votes for President arid
Vice• President and the decision of
questions arising thereon, fcr the term
commencing March 4, A D. 1877.
Be it enacted by the Senate and House of
Representatives of the United Statet of
America in Congress
. assembled, That the
- Senate and House of Representatives
shall rhea iu the. .hail of the House of
Representatives at the hour of 1 o'clock
P. 3t. on the first - Thursday in February,
A. D. 1877, and the President of The Sen
ate shall be their presiding officer. Two
tellers shall be previously appointed on
the part of the Senate' and two on the
part of the House of Representatives, to
whom.shall be handed as they are open
ed by 'the PreSident of the Senate all the
certificates and papers' purporting to be
certificates pi electoral votes, which cer
tificates and papers shall be- opened, pre.
sented and acted upon in the alphabetical
order of the States, beginning with the
letter A, and said tellers having then
read the same in the presence and hear
ing ,of the two houses shall make a list
of the votes as • they shall appear from
the JIM(' certificates, and the votes hav-
ing been ascertained and
.counted as in
this act provided, the result of the same
ehall be delivered to the President of the
Senate, who shall thereupon announce
the state of the vote and the' names of
the persons, : if any, elected, :which an
nouncement shall be , deemed a sufficient
declaration of the.persons elected Presi
dent and Vice-President of the United
States, and together with the list of votes,
ehall be entered .on the journals of the
two houses. Upon such reading of any
such certificate or,paper. when there shall
be only one return_ from a State, the
President of the Senate shall call for ob-
jections, if any.. Every objection shall be
made in writing, and shall state clearly
and concisely and without argument the
ground thereof,land shall be signed by at
least one Senator and one member of the
House of 'Representatiyes before the same
shall be received. When all objections
so made to any vote or paper from a State
shall haVa been received and read, the
Senate shall thereupon withdraw, and
such objections shall be submitted to the
Senate for its decision, and the Speaker
. of the House of Representatives shall in
like manner submit each objections to
the House of Representitives of its de
cision, and no electoral vote or votes from
any State from which but one return has
been rceived Ethan be rejected excep t by
the affirmative vote of the twoiliousss.
When the two Houses have voted they
shall immediately again meet, and the
presiding officer shall then announce the
decision of the question anbrnitted.
• SEC. 2..T11at if more than .one return,
or paper purporting to be a return, from
a State shall have been received, by the
President of the Senate, purporting to be
the certificates of electoral yotes given at
the last preceding election for President
and Vice-President in such State, unless
they shall be duplicatee of the same re
turn, all such returns and papers shall
be opened by him in the presence of the
two Houses when met as aforesaid, and
read by the tellers, and all such returns
and papers shall thereupon be submitted
to the judgenreut and decision, as to which
is the true and lawful electoral vote of
each State, of a ,commission constituted
air follows, namely: During the session
of each House on the Tuesday next pre
ceding the first Thursday in February,
1877, each House shall by viva voce vote
appoint five of its members,' who, with
the five Associate Justiees of the Supreme
Court of. the United States to be ascer
tainei as hereinafter provided, shall con
stitute a commission for the decision of
all questions upon or' in respect of such
double returns named in this section.—
On the Tuesday next preceding the first
Thursday in February, A. D. 1877, or as
soon thereafter as may be, the Associat6
Justices of the Supreme Court of the
United States now assigned to the First,
Third, Eighth, and Ninth circuits shall
select, in such manner as a majority of
them shall deem fit, another of the asso
ciate justices of said court, which five
persons shall be members of the said
commission, and the person longest, in
commission of said five justices shall be
the President of said commission.. The
members of said commission shall, re
spectively, take and subscribe the follow-
do solemnly swear,(or affirm,
.£lB, the case may be) that rWill.inipartial
lylexamint'And consider all questions sub
mitted to the coMtrOssion of' which lim
a Member;' and a true judgment , give
thereon, ' agreeably to 'tile Constitution
;and the lawn. So help me God. ,
-=which . oath ' '
shall .he _filed:with the_ Sec
.
.retary of the Senate: When . the commis
sion shall haVe. been this Organized it
shallrnot be in the.Ower of either liouse
to dissolVe-the same or to withdraw, any
of its members, but if any such :Senator
.or.miember shall 'the or.becorne physically
.unable to perform , the ; duties required by
this act, the fact of such , death or physi c
cal inability shall 131 . e by said.commission,
.before it shall proceed further, cornmuni ,
rtated to the Senate or House of Repre'-
sentatives, as the case may be,which, body
,shall immediately. and without debate
, prodeed by viva voce. vote to. fill the place
so yacated . and the , person so appointed
shall take and subscribe the, oath herein
before pregeribed and , bei3anie a member
Of said commission. And in like manner
if any of: the: said;; ustices . --ot: the Su
preme Court shall die - or became physi
cally incapable of 'performing ,the'dutie,s
required' by this act,' the otherof tbe paid
Justices; members of the saidcommission,
Shill immediately - appoint another ju.c.'-
tice-of said Court a incimber of said norn-•
mission, and in such appointments re
gard shall be had to the impartiality and
freedom from bias sought by .the original.
appointments to said commission, who
shall thereupon immediately take and
subscribe to the oath hereinbefore pre-'
scribed and become a member of said
commission to fill the vacancy So occa
Sioped. • All the certificate's and papers
purporting to be certificates of the elec
torat votes of each . State shall be opened
in the alphabetical order of the States. as
Provided -in Section 1 of this act, and
when there shall be more than one such
certificate or paper, as the certificates or
papers from such State shall so be opened,
excepting duplicates of the mine return,
they shall be read ; by the tellers, and
thereupon the President of the Senatel
shall call fot objections, it any. Every
.objection shall be made in writing, and
shall state clearly and concisely; and with
out argument ; the ground thereof, and
be signed by at least one Senator and one
member of the Huse of Representatives
befOre the same shall be received. 'When
all Such objections so made to,any certiti-
Cate, vote or piper from a . State shall
have been received and read, all such cer-
tificates, votes'and papers's() objected to,
and all Papers accompanying the same,
together with such objections, shall be
forthwith submitted to said commission,
which, shall proceed to consider the same,
With the same powers, if any now posses
sed for that purpose by the t!o'houses
acting.separately or together, and by a
majority of votea . decide whether any and
what votes from such State are the votes
provided for by the Constitution of. the
United States, and_ how many and whit
persons were duly appointed electors in
such State, and may therein take into
view such petitions,depositions and other
. papers, if any,as ahall by the Constitution
and now existinc; law be competent
and pertinent* in such conpideration,
win& decision shall be made in writing,
stating briefly the ground thereof, and be
signed by the members of said' commis.
Ilion agreeing therein ; whereupon the
two houses shall again, meet, and such
decision shall be read and'entered in the
journal of each house, and the counting
-of the votes shall 'proceed in conformity
therewith, unless, upon objection made
thereto in! writing , by at least five Sena
tors and Ave members of the Home of
Representatives, the two hotises shall
separately concur in ordering otherwise,
In which case such concurrent order
shall govern. No votes or papers , from
any other State shall be acted upon un 7
til the objection previously made to the
vote's or papers from any State shall have
been finally disposed of.
SEc. 3. That while 'the two Houses
shall be in meeting, as 'provided in this
act,' no debate shall be allowed and no
question shall be Put. by the Presiding
officer except to either House on a motion
to' withdraw, and he shall hays power to
preserve order.
SEc. 4. That when the two " Houses
separate to decide upon an objection
that may have been made to the count
ing of any electoral vote or votes from any,
State, or upon objection to a report of
said commission , or other questions aris
ing under this act, each Senator or Rep.-
resentative may speak to such. objection
or question ten minutes, and not oftener
than once; but after such debate shall
have lasted two hours, it shall be the duty
,of each House to put the main question
without further debate.
SEC. 5. That at such joint meeting of
the two Houses, seats shall be provided as
follows : For the President of the Senate,
the Speaker's chair ; for the Speaker, im
mediately upon his left ; the Senators, ,
in the body of the hall upon the right
of the presiding officer; for the Repre
sentatives, in the body of the hall not
providedlor the Senators; for the tellers,
Secretary of the Senate and Clerk of the
House of Representatives, at the Clerk's
desk; for the other officers, of the two
Houses, in front of the Clerk's desk and
upon each side of the Speaker's platform.
Such joint meeting shall not be dissolved
until the count of the • electoral votes
shall be completed and the result declared,
and no recess shall be ttiken unless a .
question shall
. have arisen , in regard to
counting any such - votes or , otherwise
under this act, in which - case it shall be
competent.for either ,-114140 Wang sew
rately in the manner herembefore pro--
, vided to direbt a recess of f such. House
n of beyond: the next .diyArinday except
ed,,at,the hour of 10 o'clock in the fore
noon ; and ,while any : ,question , is being
considered by said commission either
`House may proceed with : , its legislative •
or other bpsieess. • ,
SE PG. Ttiat nothing in, this. act shall
be held to impair-or . effect any, right now
exieting under' the Constitution and law,
`to question, by pioc , ...eding in thi! judicial
courts Of the tliiited States, the right or
„title of the'personwho - ,.shall be declared
elected or who shall Claim` to be Presi
dent. or • Vice. : President of the United
States, if any such right exists.'
SEC. 7. - That said commission shall
make its own rules, keep, a record of its
'proceedings ;and'iliall have power to em
ploy sucb per Sons as may be necessary
for the transaction of its business and
the execution of its powers.. : : .1
SCIiENCE. I B, PIILMOMO SYRUP, SEA BED
Tonic, and' Matidrake Pills.-4he.Se deservedly
celebrated and popular medic,ines haye effected
a revolution in the healing art, and proved the
fallaoYof Seyeral,maxims which have for many
years obstructed, the' progress of medical
science. • The false' supposivon that Consump
tion isineurible 'deterred physicians from at
tempting to find remedies for that disease, and
patients afflicted With it reconciled themselves
to death Without miling an effort to escape
from a doom which . they supposed to be.una
ioidable. It is now , proved, tioweVer,that Con
sumption can be cured, and that it has been
cured in a very 'great number of cases (some of
them apparenpy• desperate ones) by Schenck's
Pulmonic Syr - up alone ; and in other cases by
the same Medicine in connection with Schenck's
Sea Weed Tonic and Mandrake Pills, one or
both, according to the requirement's of the
case. -
Dr. Schenck himself who enjoyed uninter
rupted good health for more than forty years,
was supposed at one time to be at the very
gate of death, hid, physicians having pro
rymneed his case hopeless, and abandoned
him to his fate. He was cured by the afore
said medicines, and, since his recovery, many
thousands similarly► affected have used Dr.
Schenck's preparations with the'same remark
able success.
Pull directions • accompany each, making it
not absolutely necessary to personally see Dr.
Schenck unless patients wish their lungs ex
amined, and for this purpose lie is profes
sionally at his principal office, Corner Sixth
and Arch Streets, Philadelphia, every Mon
&Sy. where all letters for advice must be ad
dreSsed. •
Schenck's medicines are sold by all druggists:
Advertisemepts New This Week.
ADMINISTRATOR'S NOTICE. In
the est of Martha M. Vance. late of Liberty twig
decd. Letters of Administration in the said estate
having been granted to the undersigned all persons ow
ing said estate, are requested to make immediate pay
meat. and , all persons having claims against said estate
are requested to present them without delay.
D. A. WORDEN. Administrates'.
4w6
Jan. 24, 1877.
ADMINISTRATOR'S NOTICE.. In
thet estate of O, P. Washburn, late of Liberty,
Letters.
,of Administration in the said estate
having been granted to the undersigned.all persons ow
ing said estate , are requested to make immediate pay.
ment, and all persons having claims against said estate
are rsquesied to present them witheut delay.
D. A. WORDEN. AdministratOr. De Bonis Non.
J n: 14. 1877. • 4w6
ADMINISTRATOR'S NOTICE.-
4x
the estate of Parker Gage late of . Liberty,
twp. Susquehanna County, Pennsylvania, deed.
Letters of Administration in the said estate haying
been granted to the undersigned, ell persons owing
said estate are requested to make immediate payment,
and all persons having claims against said estate are 4
requested to present them without. delay.
WALTER 1 0 17LLICB,
Administrator.
Jan: 24.1827.
EEXECUTOR'S NO TICE.--Wh ereae,
Letters testamentary to the estate of Rufus Smith
late of Franklin, twp. deed. having been granted to
the undersigned, all persons indebted to said estate
are requested to make immediate payment, and all per
son having claims against the same, are requested to
present them without delay.
W. C. SMITH, Executor.
4w6.
Jan. 24, 1977.
ASSIGNEE'S SALE
—OF
~.F PERSONAL PROPERTY I
,The undersigned will offer at public sale at the prem
ises of Justus - Hickok, in Rush township, on
Wednesday, FeiruarY 7th; 1877,
commencing at 10 o'clock a. m., the following property:
One Colt, Lumber Wagon, Light Sleigh, Harness,
Plows, and a variety of farming tools and
implements o f all kinds too numer
ous to mention.
TERMS:
All sums under vs; cash ; $5 and upwards ten months'
credit with interest and approved security.
OEO. LITTLE.
Assignee of J. Ilickcck. 6
January 44.1877.-IwB
MOpIUMENT FUND LECTURE
AY-A.
C 9110. •
The first Lecture of the Course will be glreu in the
Friday lEvealat January. 26th, 1877,
CAPT. B. F. BEARDSLEY.
Who will deliver his Lecture entiled
"CUSTOM!"
"Horatio.—ls ft a custom!"
"Hanilete'-dye, marry tit; but to my mind. though
I am native here and to the MilliOr born, It Is a custom
more honored in the broach than la tho obleriance."
Bhakespeare.
LECTURE TO CONERUMbit AT 7:80.
Admission, - 25 Note.
Reserved Seats, - - • - - 35 cents,
Season or course tickets are entitled to teserved
seats. Tickets, for sale at Deans' and Stevens' Wood
stores. •
-
Montrose, Jan. 24.--41w1
.
A. VALUABI A IiI =FARM yea w a g.
The, subscribe Offers hie farm for sale, located in Sil
ver Lake, containing 200 acres, and as tlno a dairy or
stock lamas thele is in the county —ansarpassed in
fertility andpoductlveness of soil ;either for grain or
09ed buildings and Anis' fruit. Call on or *d
uress H. R, RXII4INEK, or
W.-H. WOMB, Montrose, Pl.
Jan, 17,-44a
OOLTItT HOITSE,