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A. . . J - .'if!! !MV jUVl 1 J iJ -.i I ii. WILMINGTON, N C, ...FRIDAY. LlOAtalNG, FEBRUARY 23, 1877. ' - . -" i PRICE $6 00. ESTABLISHED, 1851. 'I nit the tfiegro. THE CECRET SESSION REPUBLICAN APPREHEN- SIOXS. TflETbTEOF OREGON TO DD -DECIDED TO-DAY. .:3TArert vita min ASB IIXUCI SPI1K XiSTZSIT iicrmiBim A 2 07 ami. ' HOME AND FOREIGN . MIS- Uoon Rcporto. Washikgtox, Fb. 22. The com- -niUibi im election In the House hu allowed the ontestaats their expenses as shown by affidavits and Touchers. Before the commission Stanley Mat thews, opened .the. argument. Evarts followed and Merrick will close at 2:30 when tli fcomuusiion wilt close the ' ease. . The pnblie take very little interest Ja tjic'i, i jfsneralhj consider ed prejudged; but the hall is crowded, with lawyers, hearing the argument, ! which is pretty legal, . Go motion of Justice Strong certain evidence was received by the commis sion, subject to its decision after argu J&S$TJtf forrqjal reception and le - ' . gal weight There was no objection. ; The object of this motion, Justice titrong stated, was to consolidate the argument'" ' " The evidence offered so. far is docu mentary relating to Watts' resignation and its acceptance.. The bearing of the evidence has not yet been devel oped. Twoobjections by the Demo ' cratic counsel hare been overruled I one nnaoimqnsl j and the other, with one dissent. The Senate during the morning hour briefly discussed the bill amending the act granting the right of way through thrpubllc laflds, to the Jacksonville and St. Augustine Railroad Company, and it was then laid over until to-mor- . ,Nw Yoas, Feb, 22 S, Jacoby k Co., cigar manufacturers, hare failed. liiabUities 150,O0O. ' ' The j fimes says the New Jersey Secretary of State has instigated crim- . lnal proceedings againBt J,' H. Sted- well, President of .the defunct New Jortey Mutual Life Insurance Com pany of Newark, and Benjamin Noyes, rritd&Bt 'if lbeiV National Capitol Life Insurance Company, to whom Sted well transferred all the assets of the Newark Company. The ground of -. proceeding is lor conspiracy to defraud the policy holders, and Stedwell is to be held also for perjury in bavins , I teiVJst!y - his 'annual statement of the condition of his Company, filed in the Secretary of State's office, ;; i Major General A. B. Eaton of New Haveo, Conn , is dead. - rssxisi. . ' TAmitlLXnUh and Hungary have finally arranged the ''" bS.DK-question." Lokbok , Feb, 22. Russian war pre- parations continue. The Montenegrin envoys have em barked for Constantinple. I l.V. A r ial .t?mk Corns to.the Times states that in consequence of the deci sion of the Cardinals that the re-as semble? of the Vatician Council would be inopportune, the Pope has distrib- atea ia luca questions left unsolved by the previous meeting of the council .vltll a trie nf ilattMninin- l.stl.n. V. 1 r. kit l 7 r r . . T "M"i "V cannot solve them by his own author A correspondent of the Daily New$ iclf ?rhi from Testh: "If the cou&lawLLh I Lear are true that ac- the mrjority tf the oDcers of, the Pruth ,.t;Tier-j qnartcrs at Jassy, cannot lor ha avbided , war . .. night Reports. W1SHI5CI0S. Wabhikotok, Feb. 22. The commis sion is in secret session, The House occupied the day in con sidering the civil snudry appropriation bill in committee of the whole. .The principal appropriations for the South are as follows: $15,000 for th'e contin uance of work on the Atlanta, Ua., postofnee; $5,300 for-saute object in Raleigh, N. C; $13,000 for same ob ject in Nashville, Tenn., slso that the sum of $375,000, or so much thereof as may be necessary, be appropriated to pay the amount due to mail contrac tors for mail service performed in the States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Missou ri, Mississippi, North Carolina, South Carolina, Texas, Tennessee and Vir ginia in the years 1859-'G0-'61 and be fore said States engaged respectively engaged in war against the United States and the provisions of 3,480 of the revised statutes of the Uuited States shall not be applicable to the payments herein authorized, provided that any such claims which have been paid by the Confederate States Gov ernment shall not be paid again. With out disposing of tho bill the House took a recess until to-morrow, i ' The evidence submitted , in the Oregon case showed that Watts re signed by telegraph Nov. 13; his resig nation was accepted by telegraph Nov. H; a special agent took charge of the office; Watts' account with the Post office Department was not closed until Jannary. Mr. Evarts, after referring to the position his side took in the Florida and Louisiana cases, said it was' the Be to-day in the ease of Oregon. In Oregon' a peaceful election was held in accordance with law. A result was ob tained which was acquiesced ix by the people, and that result was lodged where by law it belongs, in the office of the Secretary of State. This result constituted the election of three elect ors, each of whom should have received certificate of such election by the Governor of the State, who, under the law, could legally .do nothing else. Mr. Evarts continued at length to contend that Gov. Grover violated -the State and national law in giving a certificate to Cronin. Mr. Evarts said the law of Oregon provided that where there were two candidates who received an equal number of votes and one was found to be ineligible, the other did not therefore hold the office but a new elec tion was necessary. - He next. argued that the majority was the college and not the single voice of Cronin had ho been a duly appointed elector. He thought the commission, would have lii tie trouble in reaching a conclusion as to which was the legitimate body. Suppose they had refused to recognize Cronin as an elector t they did not think he was one, and nobody else ever thought he was until it wasdetennined to manufacture him into one and at tempt to make him stand as such till after this count Accept, said he, the proposition that Cronin could form a college and he had the absurd possibil ity of three electoral colleges in Ore gon, each elector desiring to cast the vote of the State according to his own ideas In reply to a question by Mr. Abbott he said there was no existing law in any State that covered the con tingency of the duty or absence of a majority of the college. Tho general theory of the law was that thore must be a quorum to transact business, and there must bo statutory provision in any case to make it otherwise. Refer ring to the act of the Legislature of Rhode Island, which provides that if an ineligible elector was elected the Legislature should meet and elect an other, ho said that would do for Rhodo Island, when the Governor could blow his horn in the door of the executive ', mansion and summon his Legislature, but it would not do for the great State of Oregon. Mr. Merrick rose to close tho argu ment He said in his own mind he held the same views that he did when he opened the argument in the caseof Florida, but he owed it to his clients and to the tribunal to conform his ar gument to the decisions which had been made, and he should confiue himself to asking that the decisions of Florida and Louisiana should be applied to Oregon. He had in the case of Florida asked that they go behind the certifi cate of the Gorernor, and had asked that the voice of Florida,1 which had bece simulated, might be hoard through her legislative and ' judicial, depart ments. The other side had taken issue and claimed that there could be no go ing behind the certificate of the Gov: i t i ; .ur.it ' ' ernor based on the canvass, but he was at a loss to know where it had been shown that there ever was a canvass of the votes of Florida except that on which the certificates of the Tilden electors was based. Were they to as sume that there was anything, so sa cred in the act of the returning board as to prevent as inquiry into the beta No. The answer was that when their acts were conformed in accord ance with, the laws of the State the inquiry was checked. ' In Florida and Louis ana they hod passed beyond the certificate of the Governor, and reached the certificates of the return ing board.' ; They stopped there, not through sanctity the -retiming board or the virtue of Wells and Casa nac, bat because they reached the great seal of the State. ' To fix the line between the States of the Federal government had been one of the most difficult tasks of the fathers, and they had fixed them so that there could be no internecine strife if each adhered to the lines the fathers had drawn. The decision of the tribunal must rest in the confidence of the- people, if it zested, iu their confidence a all, on some great principle of State rights as compared with Federal authority; if it rested upon technical grounds the peo ple would not receive it in confidence, and the wound which this commission was organized to heal would continue to bleed for the next four years. Mr. Merrick said the law required the Secretary of State to prepare two lists of the electors; not those who had received the highest number of votes, but those elected. Who was to deter mine who were elected! Who but the parties engaged in this transaction? They must determine who were elected. In the Florida case it was claimed that the power to determine rested in the returning board. In Oregon he claim ed that the power to issue the certifi cates carried with it thi prerequisite of determining to whom they should be issued. To withhold the certificate from a party deemed to be disqualified was, he submitted, the legitimate exe cution of an executive trust. In the other case it was claimed that the only time when an error could be corrected was between the counting of the votes and the time when the electors entered upon their duties. It was precisely at this time that this much-abuBed gov ernment attempted to rescue the State from the odium of a charge of having violated the Constitution of the United States. Referring.to Matthews' allusion to a conspiracy and the cipher tele grams between Gramerey and Park and Oregon, Mr. Merriok said do suoh evidence was offered and had it been offered tbey would not have ob jected. They wanted the troth and nothing bnt the truth. Mr. Merriok continued bis defence of the aot of the Governor and said his certificate was conclusive until otherwise de oided by a legal tribunal. He mainV iiined that by the possession of the certificate which the Governor bad placed in hia bands Cronin waa de. faoto an eiector. Which was the elector, Cronin or Watts t What bad Watts? Nothing, lhe abstraot which was certified in oertiiloate number one, was not, lie nuintaloed a canvass of the votes. It was the resnlt of the vote oast at the election ana not a statement ol tne canvsa made according to law by the Seore tary of (State in the preaenoe of the Governor. . , . , Judge Miller asked if there wero other papers in the possession of the Secretary of H ate. . What otLer pa pers could be make? ' , Mr. Merriok said it had beet abown in the other States that other and very remarkable papers, be understood, that the canvaasaod the abstraot were very different papers and if it had been intended . aa the canvass the certificate should have certified that it was a canvas. Judge Miller asked what Mr. Merriok meant by a canvass of the votes. 1 Mr. Merriok replied that he meant a sifting of the votes. Here were the votes to be canvassed, be would sift them and return the eanvtss. This the Seeretary of State bad not oerti fled to. He next insisted that a oer tilled copy of do paper in the offioe of the Secretary of State of Oregon conld be set np in opposition to the oertiiloate of the Governor. ; Here was the oertifioat of ' the Governor signed by the Secretary of State and sealed with the broad seal ' of the State and a mew certified copy of an abstract of votes could not be set np against it Mr. Merriok briefly con tended thst the constitution !!did eieoute itself and oited authorities in snppoit of bis position. In refer- ence to the ' vica'dcj', be contended that if Odell aW tartwright ; filled a vajanoy they did so on the resigna tion ol WsUa. and, the.; absence of Cronin who balding the certificate was a bone "fide ellpctor. Th'e law he said provided for a 'vacancy ooca sioned.J.ta, a word of limited mean ing which did not cover a vacancy existing, Mr, Merrick closed wits k request to the commission to alliere to the deeieion in . the eases of Louisiana and Florida. It mattered little whetht r they conformed to his views' or not the people would judge the decisions, but it was essential that they should stand unchallenged by the power by which they were pronounced. He said tha people looked upon the Supreme Court as an idol, aud cherished it as above reproach. When they lose their con fidence in it then iudeed the night would have come. At 4:30 o'clock the commission took the case and the result is expected momentarily. " The commission adjourned to 10:30 o'clock to-morrow. ' It is conceded that! the Democrats have mado a strong case and the Re publicans are not without apprehen sions. . The commissioners decline to give any intimation of the drift of the de hate. , In the Senate the deficiency appro priation bill passed with amendments which carry it to conference. 1 'The Mexican veterans met to-day, General Dcnner in' the chair. The President will receive them at 10 o'clock to-morrow. The following -is authentic: The electoral commission was in session to day from 10 o'clock until 4:30. At 5 o'clock the commission went into se cret session and remained therein uutil ISO, when it adjourned till to-morrow morning at 10:30 o'clock. The questions presented by counsel were discussed in tne secret session, but owing to the fatigue of the mem bers, and in order to enable them to consult authorities which had been referred to by the counsel, an adjournment was thonght to be ad visable. Many law fprints were suggested and theB9will"be critically examined, there being moie of tliem n this case than in the oases of Flo rida and Louisiana. The commiasun agreed to take a vote tomorrow afternoon at four o'clock unless the members shall be prepared to do so at an earlier hour. Shoald the vote be taken" at four o'olook an hour or more would be oc cupied before their vqte could be officially prepared, and unless the two houses shall remain in session uutil evening the vote on the joint meeting of the two houses will not take place until Saturday. There is a wild rumor that on the proposition to count Oregon, two for Hayes and one for Tilden two votes were recorded aye (Abbott and Bradler), when Garfield asked an adjournment K1WIIBK. New Yobk, Feb. 21. Ethan Allen sayx the Vanderbut family have made proportions to Win. H. V .u derbilt Unless he accepts litigation over the Commodore's will will be inevitable. Jeremiah Black will act with Allen and Mr, Evarts for the will. S; Geo. R. Fettebone, Superintendent of the Home Sewing Machine Co., is said to be a defaulter for a lurge sum. v A Chicago dispatoh says: "Yeser dsy the firms of R. R Murpby k Co., M. 8. Kingsland 4 Co. and N. H. Warren k Go. were ioreed tosuspaud. All had been carrying heavy margins and the deoline in pork aloae, which has been front $16 75 on January 10 for April option to $14 43 on yester day, had the effect to force two of these firms to the wall." ' 0110. uincmvati, ; trD. zz Four men Here killed to-day by the explosion of a boiler, at Clifton nail factory. Pomeroy, Ohio, last evening. - Morgan Barker, a boy, was blown seventy feet in the air and escaped tnhurt ' Among the Supreme Court decis ions on wed lesdsy. were the fol lowing: By liodman. J.: Stave vs. James Uattews, from Robeson J f firmed. State va. Andy Wincroft, from Robeson affirmed. By Fair' cloth, J. $ D. G. MoRae, assignee, etc, vs. A, Wicker et al. from Com. berlandt affirmed. A colored child was burned to death at the Company's Shop on JOURS Baxtonwaa taltnn ill lari Saturday wfcile holding Nash Court LOCAL nEVS. Our City jDelivery Is in the hands of Capt John E. Leggett, so well and favorably known. He will solicit for 'the. Joi'BXAti and superintend and be responsible for the delivery of the paper. All shortcom ings should be reported to him imme diatelyf : -: .; ' i," ; ; i '' Shootlug "Match at the Athtetlc Grouudi Yesterday. Yesterday morning about 10 o'clock a match was commenced, at the Ath. letic Grounds between ' teams number one and two. The result was as follows:" FIRST IKAM. DuB Cutlar --- 454344444440 L 8 r Brown . 444344834 437 WFyfb - - 4 8 84 3 33 084- SO W It Kenan .---041844344 4-32 B P Harriwu ----243340254 330 BKCOND TKM. E Lilly - - 43 4 4 45 454 540 J U Allen 884080200 317 H G Smallbones - - 3403 34442431 LS Beldcn - ... - 4344442543 37 KECalder . 3 40 5 3 0443 329 Team No. 1 beat. 'Mr. DuBrutz Cutlar and Mr E. Lil ly scored the same but Mr. Cutlar beat, scoring less 3's. Severely Burned. Wednesday 'night, a little eon of Mr. Edgar Williams, only one year of age, was badly burned. Mrs. Williams happened to be called from the room a short time previous, aud the nurie was left with the child. She loft him for a few moments and while out be fell into the fire. His screams alarmed his grand, mothe who rushed into the room. Medi cal aid was quickly summoned and the little fellow is doing better. . Mew Marine Signal. While on the wharf yesterdy . we observed a cork fender hoisted to the spanker gaff of a German barque several tiraos and thea allowed to drop, striking a timber raft along side. In reply to our inquiries one old salt informed us that it was a ignal for a police officer ; but anoth er tar assured us that it was done to sink the raft Quien Sabe, The Bird Had Flown. Officer Tom filler, Wednesday evening, proceeded to the bouse of one Laura Wiggins, colored, who resides on : Market ; street between Eleventh and twelfth streets, with a searoh warrant to look for a bed quilt and counterpane belonging to a lady with whom she had ' been stay ing.' The article were discovered, but in the mean time the woman bad taken French leave. The Criminal Court. The bill to establish a Criminal Court for Wilmington f s pending in the Legislature. ' A petition in favor of its passage was signed yesterday by a large number of our best citizens. x Suoh a Court' as is contemplated would be a great publio blessing, ,, Thermometries!. The state of the thermometer at the various stations named bolow was ob served at the signal office in this city yesterday at 4:30 p. m.: ... Auirusta, 61; Charleston, 58; Galvcs ton, 61 ; Jacksonville, 61; Mobile, 65; New Orleans, 64; Norfolk, 59; bavar ah, 69; Wilmington, 59. Narrow Escape. A gentleman who had a job across the river stenncd into a row-boat yes terday morning to geattesjftflDW' V. n i . i 1 ,1 . i.rl nana . 1 . .1 UV blliVU tlU UH, lUTUb Ua . went. He quickly seized .ofHKtne beat and drew himself out before he hod time to get thoroughly wet. ' Sudden Death. .. . Robert Walker, a young colored man, was taken suddenly on last Monday with a pain in bis ear, and died Wednesday evening. Being a member of the Brogden Guards, that Company turned out at his funeral yesterday evening. , The City DUl : S.' Passed its third reading is the Sea- ate Wednesday. "Mr. Moore, as the Observer calls oar sable Bill was in opposition, bat that in the 1U gnago of Mr. Toots" Was o no ooDseqneooe." . V rt Concert. " ' ' The Brooklyn Baptist Sunday sobool will have a Concert to-night for tbebeutfit of the fohool.at Brook lyn Hall, , Doors open at 7 o'olook, the Concert commencing at 7 : 80 o'clock: admission only 25 cents. ' The publio buildings were decora ted with the Stars and Stripes yes terdsyA The banting in front of the Court House was particularly gay. ' CITY CURRENCY. The city is out of coal. : Cloudy or rainy to-day. On 'Change it was very quiet yes terday. Maj. J, A. Eogelbard, Secretary of State, is in the city, ' : No Mayor's Court yesterday." The cases will be disposed of to-dsy. Mr. W.E N. Beliefs will open meat shop on Saturday on the oornar of fourth and Mulberry streets. , Two white men were disputing yesterday, when ou4 cursed the other, whereupon the latter knocked him over the bead with his stick. About Wo'clock Wednesday Bight, officer Hardy arrested a colored man who was ooming out ot the burt building opposite the Journal of fioe, with a plank in bis bands, and lodged him in the guard houte. : The colored military paraded the streets gorgeously uniformed, to tb sound of fife end drum, on yester day, in commemoration of the natal day of Washington, who was born in "old Virginuy " and who was also a model master to the numerous slaves he owned. Two of the Legislative committee appointed to visit this oity snd other places, for the purpose of selecting a site for the oolored Insane Asy lum, Messrs. Standford and Shack elford have returned to Raleigb. The third, Mr. Johnson, was in the city last evening. rv .'.-. . ! Index to New Advertisements. O. G. Psrsley & Co. Powder I P. Heinsberger Just received. Giles k Murohison Swedes iron. Disabilities Removed. Washinotok. Feb. 22 Mr. Ed munds,, from the committee on the judioiary, reported favorably on the removal ot G ns. D. II. Hill aud L. S. Baker, of North Carolina. HEW ADVERTISEMENTS. Powder! Powder! fTAA WHOLE, HALF AND QUAR OUlJ ter ki'irt. DuPont's Rifle and Snort ing, Eaglo, Duck, Mining and Blasting Hemp, Single and Double Tape Furo. ror sale at manufacturer a prices Dy feb 23-tf b. G. PARSLEY & CO. ' I III I-' IU . O UR VESSEL arrived II AS AT LAST 300 300 Bbli EARLY ROSE SEED? r Bbla PINK EYES SEED I - : -. Ji- - '- ' . ...f '- 100 Bli FINE EATING JACKSON'S. All bent stock and In large barrels. Call and buy your aeed stock from febl8-tf SWEDES IU0N. SWEDES IKON. A FULL. SUPPLY OF, GENUINE Hammered SWEDES IKON, all tlaea, from o wide. As complete an assortment u Any in the City, and for sale at better figures, by . GILES & MURCH130N, . feb 18 New Hardware Store. '! MISCELLiSEOlS. known and ptorahtt Commercial rerUH1-- ter ' WIIANNH RHWBONE SUPER PHOSPHATE. Termi and prices made known on ap plication, and memorandum books and certitkaU'i funilwliod. . Great inducements offered to. parties wauting large Iota. -. VICK & MEBANE, ; Feb. 4-dAw3m . AgenU. . DEIITISTRYT" I RESPECTFULLY CALL v attention to my OperaUveA. 1 aud Mechanical Dentistry m-UXLLF being equal to the best, and all work war ranted. Call at my Office, No. 3 South side Market Street, Wilmington. JAS. E. KEA, Jan 271m Surgeon Dentist. ALEX. SPIUJKT & SON, COMMISSION MERCHANTS. wilVington, n.o.; octl5-U IfE ARE AGAIN. rVFF.RINwT. . i iniufcirMur toTiu3CircrullT the wt'll MiscEumors. EL10IIS AT PHICES TO HEWST STYLES OP NECK WEAR, At WM. FYFE'S, EXCHANCE CORNER. feb 11 tf PROF. CHITTENDEN, of Yale College,' says he has ex amined the different snbstan- ' ces from which it ig man- ? . ufactured, and con TRULY SAY that it is only of such material aa are known to 1 " REACT FAVORABLY ' on the BystomJ FINEST TOMC Oil STROMU BTTERS ' In the ' ; ' 1 Old or New'World." . D. Ilyers & C; & awl X North, Itont Jt. Ht iiinnu BAKER'S CHOCOLATE.; GORDON' & DITWORTirS TAMARinDG. FIIESH GOODS, Domestic and J ' k Imported. as. D. Ilyersfi Cq.. Ski North Front Street. feb 18 81DEG r:OULDERG Puup-ln ulMpt()lls,'at$5 pet lb. white mtmMini NEV7. CROP . . ... CUBA nOL ASSES! Orleans . Helps, "And several grade of - " YRUPS. S XII IS-- PATAPSCO, FALilLY FLOOR BVEBYBODT Iu barrels and half barrels, continues to attract attention by IU superb quality, EXTRA QUALITY ' BALTICORE APPLES. JUST RECEIVED AND FOR ; ' - SALElOW! !;'-( ; ... JAMES C. STEVENSON. feb 23 . r'l. ' l i ; .(-.if,.!..
The Daily Journal (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 23, 1877, edition 1
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