Weekly Democratic Statesman. (Austin, Tex.), Vol. 5, No. 39, Ed. 1 Thursday, May 4, 1876 Page: 1 of 4
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THE STATES M r
published every morning sxceL-OlociU
pabllahed (Vary THarodav
All cofrepuuleoc comma of ttrxu etc
tiouid be aUM tn -
STATESMAN
TIIK STATESMAN
- 1 ill
1
".MLY DEMtH KATlC STATESMAN
fcriecoriv one rear i OA
ins!e cony all rnontb tl
sinir co(. one mould a 00
WEEKLY DEMtiCRATIC bTATKSMajv
UHDWELL4C JIUKMUV
VOL. V.
AUcJTllN TEXAS THURSDAY. MAY 4 IS7
Ml. 39
single epy. on year
S'ctle .n n.omh.
ttT'The abora nie are .nerla;
t AO
I AU
- jaWI
mi
MK
3IiscellanconSr .
T ost.
H.arirhrht of Win. M. Router. Tor :! acre leaned
In Mvcb 114. br tlie B ard of Lo4 C'omit.i nwx
of Jukwa. uubt. botiulr wuiliil Ju. 3k for
MO nm. (-and fr John P. r! z er Vy 80. 18 a
Donation warrant No. . for W em-e.- ra-oed -t
CbrlMopber VVUJlm. Way J I 1K11. Klr-t cli-a head-
r'ebl of E. C A llin tor " labor No t-eaod
Januarv 1 18 . by II" Bo.rct nf Land Gma.l.a onere
or bai.lne eair. Flr-t rim knulrlxui o' J.ielab
Tlor f ontrrl d t a !e. No. j. l.ard Marcn I.
18.-Js by lb beard al L-d Coum'sahmer. of Viru.
rliuii7.: Ann tl.e anuiraied belarca of .1H)ui
ur wnM th hratlilfht of Ileretor ubf. 1-
aucd October 4. IWI by the loaimla.lonrr of lb
Oeoerai Lpd Cfllca. And Toby acrlu Nra. 1 . 3 4.
6. C. 1.. . 10 11 . 14. 15. arh f.w kw acre. I.-
eaed br t horn Toby J nne I BUM to "lara I Sr. dotal
Jr.. d NV. 40 43. IB. 49; i 51. S3 M."M l 07
6SI. . k SB W 4 Oft IX a V t7.T. 10 tU
Intuwi lit-iUBia Toby. July 1. isr. u rami
61. John Jr. If not founu In uln t- raye 1
will apply f dapilcat- a. UAiiXKH Pa RKKK.
April in l;ii . apis iH (dU i..r .wuere.
TKK E I j K H Kij TE1) .
ntRPARKO f THE ;-
Ttiesc Hitters are preparwl with
the greatcrit caro from n receipt
lonrr In poKsossIon of 6'ric of the
Company Thfiy wfero ilirlnany
compounded . b y7 a e e I e b r a t e d
French Chmlst oud arc the only
Tonic (aid Stimulant permitted
to be used in the Armies and .
Government I Ioxpltnls of .Frsince.
They are a certain preventive of
FEVER & AGUE INTEnMITTEIiTS.
1KDISESTICN DYBFEPCW -
AZIJJ AN INTAIXIBI.E GTTR.E FOXt
FEMALE 8ICXHESS...
Hy using: It moderately three
Umcsaday nfler tluj "osU'iuluu
been reduced by idokncsfi' or dls-
efwe it la unequtilcd an mi Invl-.
orator and Recuperant.
DIRECTIONS ON TOE IVBEI
JOBBAiKBY ..
BBrSfiHTS 150 VEALCIUl UETEEIUIXr.
IIO.II B BIT1KK8 CO. fcT. ' IOI7IS. .
. . anuwftm
. 1 ; 1 1 ' . r... 7 ... ;...
Great Southern- Poultry.-' Yards
- .1: i it-( a f y
MumIi villo Toiiucnee.
S. Gi WOOD Proprietor.
j t ..!.' I i :
' Mierdis k .
Irk Rrahmaa Tx-r pair $H; t.!l?bt Urahnaa. .
H11C l.ocbliir i Wbll. (M; l'artrldK ; Black H.
Wbll" LexboriiK. $i; U owa fi. W. F. Black btau-
lrbfr. b. O. 1 ork UK- fs. U. 8. PolUb $.V
Km; f th ab Tf) t S por doiscn; Bronze Tnrkey'
K. I'vklu Iut ka $1U; Kouea Luik X
Fnney Ptcfon. per pair B n Owl n-roaa 8.
Black Carrleia 10. l'outorn. 5; Whit. 10. Whit
Fauul'a J.iCwbi'H Hcil i:; H ack. (5;
low. 3; Milvcr. (). TrunipflwiH. F.id. ft; fallow.
$10; Spoiled. Tnrhita .v 1 mnlili-rn t.1i5. Up r-
man Blatk Wiua ft. llarba Mack . ArcmuiKfl.
Adilrea above. nirS.1 wjln.
jALLE Jfc CO.
T
CORNER EAST AVEXUE & CEDAR St.
WVOUItUI AMD BSTAII.
Grocers and lumber Merchants
.i ' DlUIJIMi ! Al J. KIND or ' 1 ' - .. - 1
I .: . " .i' ' '
.;.i--.
BABIt DOOU5 Bl.tXP. WntTK PINE M0XTXD
INj8 OF ALL SIZE!.
Draaaed Lnmber alwa'i on hand and draaaed to order
. ' ' .. . ..i. i .
PCUL BILLH OF DIMKNSIOX LVMBKR 1
: 4 !i 1 ! . .. : II i ;
' cot lo older and up a abort sotie. '
They keep their atock of Groorrlri. an1 Lnmbrr al
waya coinplctn. Tbe invite an examlpatloa of tbeir
aioca aua proiniaa aiwaya aa lovaa price ana ovi
STl LOUI3 BU3INESS HOUSC3
. fXX&UK TEXAS TB.AOB
t BAGS ASn BAQQINQ. '
II
k U CHaSC. Hk of all klnda for grain.
Hour. 0 . and ll) .V. Mala ot. . .
. CO.M.UiSiQ.V Aii-Al.t.itAA rs. i
CAKTtrBIOirrtrm ommtsaton Mnrrbanta"
t ollon.lllilr. Wool. A Uraln IM)8. Com'l St. '
V Tii.Ut.U4.NS A (II. IWlimliiion. Cli'" I
ykur.Orln.TubacocxHilac. US tUlntt I
WTi'ltkS At t'O.. holaaala dealrisln Fruit
t and Pro1oii110 WminatbW . - .
CJ.Ta tllftfS O..Cot.m Ka- UrJLtSr 'll . .
! Oram Li!mt lll.t.a A Wool luucam'l (.
SICKTV.H 'X. Cntion rartora aa Cooaioia- '
alon Merrhanta. M N. ataia HU
i S. k. hKAl.L at to.. t..iun I'arion anil
mwlloialarIaniiai lymatrr-. Ml nr.
j3"RJt"eiol3r
SIX' I. C. tTW at to. W'amlaaaila Dry Good
Wa.hlnyton Arenaaand Ktnbpt
; t. !! rr. io.v.s . . -
horanliora BUokantlUl Mareltandlm Aa. Ao
.. T r AiAf SrtHTAfOAiJaSJUJp.. ::
BK HtKT BWV.XlTa Htnrk Crwr.mla.Ww MrT
eamaia. Nal'l 6o T.r.1. Km r-t Lwla. IM. ' '
nl'!TK. TkVASS A fdTTlre riT7 ooimiZ .
alon Mrrrhanta Ka'l Stork Yaroa III.
: TnrAtT5.iii. i I
Lrm Wl A KT.TTHK. Statitarrm rtham and '
Hl.xk Hook XTrtr Pr 'fcrwra oTlfce lliam-' I
pma Vtotr Oovr'": ami IWo. Ink. laIU a u '
KANSAS CITY BUSINtSS HOUSES I
. . t AAAJOSOXXXiAXKJ? .... -.. . j
"..' r icxrccLTWLjjfPXXxrjrTi r.
TBCS BCLU KKTMILJM 4k AUKV ETCT ml '
A taip ! iAmm. alaaav tr ataul bu ' '
" rUUiiCAL Ait Stf UQlCAtTfS. tTVTV.
DtTrOtXATIES arnl ( kronW Piaraora .VrairU. T
jMlkiarMl D PImm un.wM.fw.-fc .
rrrocA7 t AAus t unrriwircMrJf. '
Thw rrocK timMb most com- .
aoorttoua la tha kto.Vallf y. L.V. J-orw.tupt.
.VlNtisBI KT AlAikK A (4.-Kaaatook YdaV
IV kaiiM( liy.Ma. K.ikHtaiMnca Yanta Cut
trU Louia. Ill Hxhll j iiiki uc lUovdni CkUle. -
lYOWUCi. EUlkfO. U ouxk i
A atoa taercbaaeaXauMeiitauk Yania.
KLINOTON IRON WORK '
; i Austin Texas.;
B arlnf ircttrw or Ftvar try and II acbloary la opaa
tioaa na are prauarad aa do all kiaala ot
BBA.SS IBM CASTINGS for 1 ' ;
ESGI.tKS ViTUtPOWEBiUisV
" 3II tJKARI!?. TDB1SREHS
.
KMiaakaada wpply ataaaa rV. wlBVario
Meaaa ttuaa and ptpuir. . ' "
nttfT p Atl KCtsda Of Xcfc!!TT tc Good Styia."
and ua aWl Koiica. t. .... ... i .. - .
I - - -. ... ? -. - w i . . .
All Worlt XVir rnt kI.
i. . ..... '11 Ml
Caati o Ddlverj ot Cltr Ateeptaaee.
Tfce nteThtt "War t"rtrV rl lr Ol
- BBi mmm irea.
V e: ' D. II. Cl-OStllTValt.
ftt " "' " '
$12
a dtTM ad". Arrrtu wji""1. Onill' td
tm. free. Tall CO.. AC2. Jiia.
TEXAS I'DEJINITI BONDS.'
Theae bond (300 in Dumber .ai vt the
Blue of f300000) were paft of ilie ?."J-
000000 inJcmnuy paid to Tt-Xiia hj the
United Slate I Aetclernenc of thu New
Mexican controversy. A'fear yeni bff.Jre
the war $2000000 of thiifuhii ti'n' I'Jiiig
these 300) of wcich much w. niuil Wedc-
day in the Sos.t were aet apart to the
permanent acboot fund but amid the exigen-
ce of the civil war the tbn State gorern-
uiebt aent J Am M. bw raker to Europe with
tbettt 800 botula! who whiclt ta. pnrche
military aappliei. 31 r. Swisher failed in
bu odaaiwu Out left the bunda in unpe
aomeofthein beina; aolJ ' and the- whole of
them complicated by ericiirs'litfgstiiu there.
Alter the war (iuveruor llauiilton act up
a claim fur the Suite to these bunds and
dUjjatched Hon.' M. C. Haurjrton to Europe
to tfltct their recovery. lie failed in his
miasion after seven months of inboriou
effort. In lbUG the leUlaiure . of . Texas
authorised tlw - Uoveruur li appoint1 au
agent for the S:at with peueral authority
to taku such other ;eiM as li'e m'yht deem
neceaiary u aoenre these )iji1j to the State.
Uuiler tf.n authority Governor Throckmor-
ton appointed Hon. 11. 11. Epperson as State
AgoVnd fixed hiu compensAtion by con-
tract r twenty-five ra cent oa the amount
he abould recover. About a year after this
reconstruction came on aud.termtaHted Mr.
Cpperson's employment. ' Governor Pease
coming into office appointed v'ydge.George
W. PaucbHl in place of Mr Epperson under
a siniilur contract which appointnreiit wv
abrogated by Goverr.or Davis in 1870 and
Thomas J. Durant and It. T. Murrick. were
substituted liLder a contract . by which
they 1 were to retain' as compensation
twenty per cent on 'the n mount ; they
niitjht w-cover under jti I'tiat process. .
In the mean wlijle. siuts . ha i been insti-
tuted in the courts-ar. Washington ttguinst
various parties Ju some of which jadginent
was recovered for the IState while in other
the State failed to-ffect a recovery. About
47000 were realized- from these suits
but the State received none of it; Messrs.
Dnrant and Merrick receiving nearly 17-
000 of that sum as a fee and Judge Pas-
chal retaining t oe balance. The real hold-
ers of the bond.s iu Europe were not made
parties to the m suits and they together
with. the. bond .were beyoad. the jurisdic-
tion of the cc urts in which liuch suits -were
inBtitnted. '" ' ' "
This waa the situation when ' Governor
Coke came iaito office. . Litigation iiad been
protracted for years with.no .visible result
to the State and a recovery of her rights 1
seemed as far off as ever. ' Having' exam-
ined into the subject fully in the summer of
1874 and being impressed with tlie impor-
tance of speedy aotion- on the -part of the
State if her rights were to bt'- served at all
the Governor requested of J. 1). & D. C.
Giddings that they should . undertake s the
collection of theie bonds which they agreed
to do. These 'guntleinpiv entered at once
upon the duty and after 'vcpeated trips to
Washington - and . New . . York.. . finding
that nothiirg couhl )u effected in this coun-
try Col. Giddings determined to proceed to
Europv and take such legiil steps theie as
might be uecessury to i ffect the object ot
their aipointutont. Ilu muled for Europe
in the tutuiuer of 1S70 and after motithe of
negotiation with the holders of the bonds
in England and Germany iud after a con-
siderable euthty of ruoiiuy on his part for
counsel fees and other expenses suceeded
in effecting a settlement with all the hold-
ers by which tne State 'n'covered her full
rights in every particular. . . lie. brought
back and paid into the treasurey $130000.
The result of his mission was a surprising
success to every one. It was known befoie
he started that the . claim of the State was
perhaps barred by limitation and the hold-
ers of these bonds wern determined in their
resolution to retain possession'at all' hazards
and by force of their wealth and influence
were noinsigniflciuit contestants. The liti-
gation at Washington-bad proved so bar-
ren of results that the attorneys for the
State had practically abaniloiied all hope
and had endeavored to lobby a bill through
Congress to authorize the- treasurer- of the
United States to pay toTexa9 tiie value of
these bonds upon suitable indemnity . The
Messrs. Giddiogs as well .us tUe Governor
were pressed by influential gentlemen to
agree to a compromise upon the b isis 61
215000 but reluseiT.' ' ' The result allow
the wisdom of their ucti on
' Uuder the manaeuMMtof Governor Coke
tis claim which had' lingered 'for lnvcn
ylrs and hid d-tie'd ' the'aMesVefforts of
others has been collected and. paid into
tne treasury for left - than one-half-the sum
rtlpulated to be paid in xrther contract;' to-
wif for lo than' 'twelve' 'per 'cent. The
Muasr. Gidduigs undertook its colleoiiou
for a fee vntirrly coutingeat and. received
for their service.- niw mid three-fottrth
pet cent. This covered all the cost attend-
ing its collectiou Including an outlay of
Ulivrs thaa.4000 iu their .pact.
' ' Messrs.1 Merrick nnd-lVirai t of hirXwn
accord ncccpteil the offef 'of the' ".JoveruW
who fixed tbeir fee " "at $(.(d w fiich in
addition to the nmtuat. .before jrVeivid
unkis their - compensation a;pror1tt:it
j.3000 aal ri.ctipted in full to the St'nt'e
for all' demands preferring to do this nattier
tlixp .vmit their claims to.tii.-j Legif Utuce.
('Ala;l review if the. tracaactiou 4ttlects
ine highest credit vpon VoK-G-ddings for
In' skill and eneigy as well u)n GovnocT
I'vke who luny proudly . Kck upoa it aa
oa of the brightest achiveuvu)t Of his
buccessful administration. ' ' " '-" ' !
lTox. Jamks'WhiTk' wife 'and" daughter
and two servants of Plymouth. EaUnJ
U in t'ie City aud remains till to-morrow.
Hs is member of the British Parliament
and distinguished for his practieat good
sense.' la former jers he was a .great
friend to America .and. admirer of . .ae
simple and honest repHblk-aa facto' and
forms of jrOTeinmt but Ttcent dfreiop-
menu in municipal systems' and robberies
of cities and of the Federal treasury ad
universality - f corruption have1 robbed
America in English eyes of its sheen and
inspired profound contempt Tor' oar' rulers.
Schenck and many' like. him abroad have
done as tnach detriment . aa.Beiknapa at
home. Mr. Whit goe hence so Denver
Salt Lske Califoinia-to NadgasAki' Igjpt
ItAly Pari$ arid to London. '.lle'lia studied
fiBancisi moral and pbjsicai JctAiIocUBg
Texas and thinks tht boat leeal gyw-
eruuaeot a are for the great totntuon-
weal'.h a . magnificent ' lare! We ' need
hardly add that . .White .pronoaacea
Austin la its- local incident and cltmatie
i facts one of the most charmms; spots he
had ever visited. - -'
"Will yon wa k into my parlor said the apiuer to ih
flv. j
'liaibe prettiet little parlor that erer yon i d tpy.
Ex-Governor . J. Davis has been in pos-
seasion of the matter embodied in the so-!
called memorial of Merrick & Durant for
uiacy months and has been .holding it to
ue at some opportune moment against the
present feute administration. . It was got-
ten n; for him by a special agent at Wash-
ington and in D-eembcr last just a
few days before the meeting of the
Galveston convention before which Coke
was to be a candidate for re-eleetioo
these very ' papers now presented to the
Legislature were brought to the States
man office by Col. DcGrf.ssand propositions
made for their publication in the States-
han. These propositions were declined
though we must admit having heard so
many whimperings in regard to exorbitant
commissions allowed the Messrs. Gid-
dinga we had some apprehension that
truth partially at least attached to the re-
ports in circulation. However the prop-
osition to publish was " rejected and now
this matter is sprung and that too when
truth has proved it as unworthy of considera-
tion. The question arises has Merrick &
Dttrant presumed to be proper business
men and in face even of a complete settle-
ment of their own choice made between
them and the Governor been the instigators
in the presentation of Jiis memorial or is it
the work of Republicahs desiring to cre-
ate d'mcord iu the Democratic party .
' Tiik Ereuham Banner thinks that the
greatest need of Texas would be supplied
by wot ton mills and therefore we have
suggested tbeir exemption from taxation
that capital and skilled labor may be in-
ducted into the State. We Would have an
immense establishment and for the reason
that the costliest employes of cotton mills
esn supervise a large as well as a small
manufactory. A great cotton mill creates
a home demand for all surplus products of
plantations in the vicinity of the cotton
mills. Were these large manufactories es-
tablished in the midst of a co.ton district
the expense of ginning baling waste
transportation etc. would be saved.
There is do good reason why the manufac-
turing of cotton should not be done on the
soil that produces it and that sootier or
later it will be in the manner indicated
above we have no doubt; but until this
can be accomplished the Banner is content
with small factories and any is preferable
to none. ' ' ' "
: The International must come to the Ave-
nue and to the river. Every public and
private interest confesses the necessity. ' By
whatever route or at what3ver point the
railway may approach the center of trade
it must encounter violent opposition.
Property-holders too remote to derive ad-
vantage from the location of the depot and
those so near that locomotives may disturb
the repose of those who "love mine ease
in mine inn" all these will hurry up and
down the streets and bjzz-fuz city fathers
and rush frantically into the embraces of
loving lawyers and file bills and pray for
eternal injunctions and there will be a nine
days' wonder and excitement to be forgot-
ten when the volume of trade and popula-
tion rolls over and crushes it out. We will
soon forget in the progress of grand events
the woes of the helpless and hapless who
would forget the interests of the many in
conserving those of the few. The many
must triumph. :
: Two or three different firms of lawyers
were employed by Governor Coke's prede-
cessors to collect the ''British debt." They
failed and though twenty and twenty-five
per cent of the debt was promised them
thrystill failed to collect anything though
they exerted themselves to the utmostl'
Governor Coke employed. Mr. Giddings at
less' than one-half the fee promised Gid
dings' s ' predecessors and Mr. ' Giddings
succeeded. He was publicly congratulated
iy lawyers in New York and Washington
ou his success which they'had dee'mod im-
possible and now Coke's enemies are
enraged because Ct ke achieved so' cheaply
a consuiuinution in which Coke's predeces
sors were thwarted though they proiu
ised twice as mush as Coke to the excellent
lawyers who served them. ; ; i-''
Thf. story is published that Stillnon
Flntchln of the St. Louis Timet was pnv
nounced a liar and a coward by Celsus
Price in a card published in the RrpMican.
Hutchina grew furions and went for Price
with a pistol and cowhide. Price and he
met scd Price not appreciating the price-
less ji 1 e shot at Hutchina who wanted to
know il be were armed. Then when Price
missed his aim Hutchins -forgot the cow-
hide and sent two bullets into Price one
entering his arm and breaking bones the
other his mouth and lodging under his ear.
It's said Price will die; - But the" Jlrjiuhlicnn
discredits the whole story and'so eigniti
naiitly Hi at we don't know whether. Hutch-
in ever shot at aaybody or ever saw- aow-
hide ince his daddy unfortunately- quit
tiucsliiog him. . - .i - -'' .t s
- The Constitutional Convention expected
this Legislature to perfect amendments to
be submitted to' the' people and lherefo'rev
provision was made for a long session of
this LesJslature. Thus the Constitutional
Convention itself approved ''in'- general5
term the ioggestions of Governor' Cote
The very framers of the. new organic cooa
thought it saould be modified and. yet be-
cause Governor Coke specifics what lie con-
ceives to be defects it is declared that he
has betrayed those who made or approved
the Constitution. The argument is too
thin to be a decent j icket for the selfish pur-
pose it conceal i' . . ' ' I
. J ..l--..ii
Tint Interactional Railway Company de-
votes money and genius and taste in letters
to the purpose of populating the country
along its route. Each farmer' the head of
a family on the line of the road la werth
one hundred dollars per annum to the cor-
poration and it would gladly hare the' dis-
trict of. Texas through which it passes
densely populatad. Enriching itself while
-nnching the State and multiplying- ux-
paYeff ui quadrupling again 'and again
the value of farms railway corporations
directed by wise and liberal managers. Are
the greatest of All public benefactors. -
I rx-GovERXoa Dato hated JVC. Gid-
oings more than the devil does bolj water.
Giddings defeated and at last degraded U
pet W. T. Clark ia on of tha aacwt aaa-
ful of struggles' before Congress-for the
honor and dignity of Texas and Texans.
Davis ' now jeeks revenge And think be
will have it through the instrumentality
of Democrats whom he would ever degrade.
j f clll Plcnta of ike Gottraor.
rxKCtrnrE Office- Statk or Texas
Austin. April 20 178. T
Uiu R. li. HiiAard. President of the kennti:
- fcnt I hive (he honor to present hert-
wi;h for consideration of the honorable
Legislature the report of Hon. D. C Gic-
dingn coiitainibg-a detailed htttetnent rf
the ffettlemnt made br him with parties in
England mhii Germany b4ding adveraelv
to the txare a large nornt-er of the five (51
percent. Umuid brate indemnity bomla
abstracted from the Treasury of :be Stau
during the laie civil war. '
The record of this ffice disclooe a hi
lory of the erf r of my' predecessors fo-
the: rtcortry nf -ilie-e bonds commencing
with the seudtn by A. J: Hamilton. Pro-
visional Govemor iu 1805 of Hon. M. C.
Hsmiltorrio Korope lor that purpose the
suls qutnt - employment bv Governor
Throckmorton of Hie Hon. B. H. Epper-
son wuh a confinent fee of twenty-tivt
(2T) pt-4 ct-L.t. of the amount be might real-
ize for the St;e and afterwards the em-plovint-nt
by Governor Davis of Messrs R.
T. Merrick and T. J.. Durant with a con-
tingent ft-e .f tweuty (20) per cent of the
amount actually realized by them under ju-
dicial process. Uuder tbee different em-
ployments S'.-veral suit were inntituted and
prosecuted in the courts at Washington
and the sum of 4732.1.99 coin was actu-
ally renovereii anil paid lo George W. Tas-
clial thn one of the attorneys for the
State. ' N n; of this money ever reached
the Treasury 'of the State Judge Pachal
baviW pai'l to the firm of which K. T.
Merrick Esq. i ami-mber 14674 98 anil
retained the balance as a fee. During the
eleven years which have elapsed since the
first effort was made for the recovery of
these bond not a dollar has ever beeu real- '
ized for the Stute until Col. Gl Idings went
to Europe mid made the settlement detailed
in his Prpo't
A stateuieut from the office of the Comp-
troller showing the payment ini the Treas-
ury of the amount reported paid by- Col.
Giddings is'licrtwith presented. The au-
thority miller w hich Col. Giddings iicted
was conferred by the Executive in virtue
of the net of October 30 1S0G on tliij sub-
ject and in pnrsuiiiice of the same act the
compensation for the services of Col. .Gid-
dings ns well us for those of Mei-srs. R. T.
Merrick aud T. .1. Durant counsellors and
attorney's ht -AVashiugton was fixed and
paid. ' C'ol. Giddings was allowed and paid
$3121G 4 J aud Messrs. Merrick & Du-
rant having heretofore been paid ou the
same general account $10028.98 were al-
lowed and paid an additional sum of $8000.
Col. Giddiugs's fee was contingent upoc
his success aud nil his expenses reported
at $4000 paid by himself. The receipts of
these geullemen being a full acquittance of
the State from all further responsibility for
or on account of their services were taken
in triplicate and are on file in the Execu-
tive' and Comptroller's offices and in the
office of the Treasurer a copy being here-
wJ;h transmitted. Messrs. Merrick & Du-
rant having differed with me as to the prop-
er amount of their compensation it was left
to their choice to settle on the terms which
I btdieved right or to leave the matter to be
adjusted by the Legislature; they prelerred
the former course and the settleuieut was
accordingly made. A copy of a letter writ-
ten to those gentlemen giving the reasons
tor uiy action is transmitted herewith for
your information. My convictions aro clear
thtit these . gentlemen have beeu liberally
paid for their sei -vices while their receipts
on file are a perfect 'egal discharge to the
State. The fee paid Col. Giddings is a
small fraction over nine per cent on the
amount realized and this together with
the amount paid Messrs. Msriick & Durant
mukes about twelve per cent which it has
cost the. State to place the money in her
Treasury as reported by Col. Giddings.
The bonds being due were collected by
my instructions and the gold converted
into currency ready for investment it be-
longing to the permanent school fund aud
it beiDg deemed' ad visablu not to bring the
gold to Texas when a sale of it would nec-
essarily have to be made and gold was
then bringing a very large premium as the
accouut of sales iu the report will show. .'
I caunot close this report without express-
ing the eouviction that the State is indebted
to the prompt and vigorous action of Col.
Giddings for the huge amount of money
realized and that lier rights would most
probably have beeu' lost by limitation or
rendered valueless by the expense of their
prosecution bad any other course been pur-
sued than that adopted by him." ;
Twenty one of the Texas indemnity bonds
belonging' to the State are in the bands of
unknown parties who have never presented
them for payment' at the Treasury of .the
United States. ' The rights of the State
have been protected as. far as possible iu
them by my predecessors in nfficG by filing
.notice of the State's claim nnd the Texas
delegation iu Congress have been requested
to takesiich additional steps if any be nec
essary as w.ii intimately secure theights
of the rSiate. Very respectfully
" ' " Richard Coke.
: t Exuci'i ivs" Office State op Texas
. . ) Austin December 30 1875.
Mia-rs. 1L T. .McuiLk. aal Tboa. 4. Darai.t W'aah-
lllll'll xj .
Oi'iiihiiiiiH Your communication ot. No-
vember 8 came during my absence from
the capital aud in consequence of the
mass oJ btisintKi accumulated in the office
duriuii th'iit time h:is liOt l-een aft ended to
b-jfore." I have to say in .reply: When I
Cunie into ..'(ifucK 'nearly two years ugo I
fount 'tiiat iiutliiig had been realised lor
the S;le'li'om liie various suits theietofore
aud then pending in her behalf for recovery
of the Trxasiudenmitj bonds taken tioai
ber Ireasuiy during the l:te civil war
while the bonds or their proceeds were in
the bands of pnrtiea' residing' in foreign
countrn-s beyond the jurisdiciion of the
courts where the suits were pending and
unaffected by any judgments that might be
rendu id therein. Repeated experiments
ty ninil filled tobiing'any reply from these
partieaor.to oUJ tin recoguiuonof any sort
showing. that: they felt safe as long as no
oilier s-'eps were being tiken than those
then and ttincririitiated by you. ' I became
iiuprc.-sed with conviction that some-
ibiogmnst be ricdir-to prevent loss of the
rights of the State in the subject matter of
these suits aartunit the'panvci in Europe
holding tne ImhiUs and money in actual ad-
rls ! pissetion. Twelve years or there-
abim4 nsvin-r clapset since the 6late lost
her-pesr'i I bfcei that limita-
ti.n miin cut some figure in the
niaiter if ayovred to rest longer in that con-
dition. I accordingly employed Messrs. J
D. & D. C. Giddings as the agents of tlw
Stale t y.ike hold of the matter and if
tit i es:ir j Jn oiU to Europe to look after ber
iulciysts. These gentlemen went to wort"
under my instructions and after acquiring
an ;'i in1 o rm a ion as wa necessary to enable
thi. in' t i i-ii-:. e 'he matter intelligently and
v:!! 1 of success in Europe Col.
I). C' ': wings went and recovered posses-
ion pi bonus coupons and money the
proceeds of all which aggregated A small
fraction over $39000. I have no doubt
but that' your services at Washington con-
duced very materially to the success of Col.
Giddiags'a mission to Europe but believe
if ie bal not gqoe that your legat proceed-
ings iu Washington would never have real-
ized to' "the Stale one tkllar of tbe large
amount which .at his own risk and coat
and for 'a fee dependent entirely on his
success Cl. Giddings has recovered
brought to Austin sad paid into tbe Treas-
ury. And it is worthy of remark here that
of a!l the numerous agents and Attorneys
who have represented the State in tbe proa-
ecu lion" of these claims not one of them has
ever brought ox sect one dollar to the
tute Treasury before. 'The "records of
this office show that heratofore under my
predecessor's administration f 47S25 (coin)
of the Slate's claim for abstracted bonds have
been recovered and paid to attorneys rep-
resenting the tare and that of this amount
which was rtcvivtd by Judge Paschal
there wa paid in currency to Brent ilea
rick and lajlor attorneys the sum vf
f 147.$ Jade Paschal claiming and re-
tatiiing the btlinre a a fee. In view .f
t:.ese facts 1 iustrucwd "'d. G.i:ii!igj to
hnng to Austin all the funds be miht re-
cover so that that the State authorities
might make such a settlement with the ar-
toroeysas would be. detmed' pist and r.o
have another settlement dictated to tht-m.
I disclaioi my imputstioo upon y"u gentle-
men and inc-an simply t SiV "that I ia-
tetided it should nm "be"in the power of
anyone to do the Stave an injustice in the
settlement of this m iner..
You claim in the letter written to Uol.
GUidings a copy of which you encJoiw me.
that you are entitled under the contract
with ex-Goveruor Da via to twentv percent
of the money collected or $G7.b00. This
in addition to the $14.674. 98. mentioned
above as paid your Mr. Merrick's firm by
Judge Paschal would tuake $82474.98.
I have examined that contract carelully
and cannot admit the justice of the claim;
not oue dollar baa bten realized or collectea
under or-in virtue of any judgment render-
ed in auy judicial proceeding ever instituted
for the boud or tbe money claimed by the
State except that mentioned aixive as
having been received by Judge Paschal. At
tbe last session of Congress you attempted
t get passed a bill authorizing the payment
by the United States Treasurer of the
bands adversely held iu Europe
to the Governor of Texas but
railed
The truth is all the bonds aud
money recovered and collected in Europe
by Col. Giddings were bey6nd the juris-
diction of the courts in which your -pro
ceeding . were being conducted- as were
tne parties Holding them and consequently
unaffected by the' judgment if any such
were rendered and your attempt to uet the
bill alluded to through Congres-8 shows
very clearly that All the judicial proceedings
had failed to realize anything for the Stiite
and there can be no doubt that had no
other steps been taken the 'State from lapse
of time death or bankruptcy of the udveise
holders would have lost her rights. I did
not feel that the State was required to
await the result of judicial and other pro
ceedings which seemed interminable and
take the hazard of these results and ac
cordingly pursued the course already
stated which has' settled the in itti r and
placed the money ju the Treasury.
Y'our contract with ex-Governor Davis
entitles you to twenty ner cent. if all
money realized . aud collected by judicial
process. .. Not one dollar as be I ore stared
has been collected in that way or as 1 be
lieve ever would have leen but as you have
labored for tbe State and being satiatied
that the judicial proceedings conducted by
you exerted a moral influence in aid of
CoL Giddings' direct - efforts upon the
holders of the bonds and money iu. Europe
I believe that you should be fairly paid the
value of your services and in determining
what should be paid you now I tako into
the estimate what. you have already
received from the State on the same
general aie unt because ... all the
suits grow out of i.the same cause.
I find from the records of this office
that there was paid to Mr. Merrick's firm by
Judge Paschal in June 1809 for services
in tbe White & Chiles ase $34o0 and
that Judge Paschal paid to tbe same firm
$11224.98' in December following in the
kardenburg ease-these sums being twenty-
five per cent on the amounts recovered in
accordance with the contract made and ap-
proved by" Governor Throckmorton with
Hon. B. H. Epperson. In addition I find
that $1954 was paid principally iu advance
by ex-Governor Davis in and about the
same matters to Mr. Durant.
: These amounts aggregating $16628.98.
you have already received. I propose to pay
you now out of the money collected by Col.
Giddings $8000 whichj with that hereto-
fore paid you will make a total of $24.G2S.'
98. I have paid to Col. Giddings $31216.-
42. He reports to me his expenses at $4000
which when deducted from the aniouut
leaves $27216.43.
With reference to the private understand-
ing alleged by you to exist between your-
selves and Col. Giddingp as to a division of
the fee I know nothing. He informs me
that no such agreement or understanding
has ever existed. '( This is a matter to be
settled between' yourselves in which the
State has no interest After the perform-
ance of valuable services for the State Col.
Giddings demanded that his compensation
be fixed and paid which has been done.
His fee as paid is a very small fraction over
nine per cent of the amount collected in-
cluding his bill of expenses. I believed
this a just and l reasonable .compen-
sation in view "'of ' the.' benefits re-
ceived by the. State and the labortime aud
nioney expended altogether at his own risk
by Col. G'ddings.'' I also believe that the
amount fixed for' your compensation and
tendered you in view of your contract and
the beneHts Teceived by .the State from your
services' is1 fullv'as liberal as that paid Col.
GiddirJgs."' ' If l am ia error about this and
yon hfe eirti tiled td the balanpe of tweuty
per ceut." stipulated for in t'Le contrny with
Governor ' ti iVi' in the amount cAUtcted
by Col. Giddings and paid iutb the itato
Treasury ' after7 deducting what '.has btea
paid ' Col.' Giddings1" a conclusion from
which ' I utterly dissent" y6ur remedy is
plain arid easy in an application to the Leg-
islature 'to fix and have your fee f aid.' I
will' when tout 'body meets in April next
make a full report of all that has been done
with reference to this natteK '
Regretting ' that " any misunderstanding
should have arisen' with reference to (his
settlement'! have to' say in conclusion that
I have as y'u have been before advised ou
special deposit subject to my order iu the
Treasury of the 'State $8001) whicu I will
psy over o yon or 'your order w hen your
triplicate recwip'8 are presented to me for
that amount acknowledging the snnie to be
in full for all service rendered th Sme in
and about tte recovery of- the Texas in-
demnity binds" or their proceeds or any
thing connected' with or growing out of
that subject. If yrnsh.i'll decline asyrur
letter sechis' to indicate to accept this
settlement 'and "nppeal 'from uiy de-
cision to tfie'Ipslutrire t will' pay the
$8000 toebtioned inrm the Treasury "f the
State and leave that body to settle the en-
tire matter witiryon. " Tn other words if I
settle with Jou at alii the settlement so far
as the Se.le'i ltalnd 1s 'concerned must
be conclusive and 'a "finality.' If the L"gis-
iature are to Fyitl'w it I propose to leave
the matter nntoUr;hed: so that ' their act ion
may not be1 'embarrassed by anything that
I mny hlivr? dotie..' - -' '
' 1 ' '-'fery respectfully
' ''-' 1 Your obsdient servant
(Signed) i :i ' ' Richard Coke.
P. S. You ask me especially as to state-
ments made by Col. Giddings when I set-
tled ' with '- him." 'I have 'to' say in
reply that those statements consisted of a
detailed account of various and compli-
cated difficulties he encountered in Europe
in bringing on a settlement and the fact
that his legitimate expenses in prosecuting
the claim to a conclusion amounted to four
thousand dollars.
- - i
Received Austin Jaanary 21 1876 from
bis Excellency Richard Coke Governor
the sam of eight thousand dollars . 'ac-
knowledging tbe same to be in lull of all
demands against the State in and about tbe
recovery of the Texas indemnity bonds or
their proceeds.
- (Signed) 1 Thomas X. DraAjrr
$3000. t (Signed) R. T. Mebrice.
A true copy of tbe original receipt cow
on file in the Executive office.
" Gio T. Dabhttll Private Sec'y..
Autiim April ?6 1876.
rt f raBBsaittM la
we r
' ' Cleveiaaia v. necrstk
Ed. R.-B. HKrd Pntident f (he fnntt:
' Your Committee oa Privileges mod Elec-
tions to whom was referred the contested
lectio ease of Hon. Charles L. Cleveland
v.- A P.. McCormick - have had the same
under consideration - for several day a- - Tbe
coatewaot and tbe sitting merubr agree
opo the facta which are as follows:
; A. P. McCormick was appointed Judge
f tbe Eighteenth Jadicisi District about
the first t October 1871. Election certifi-
j .---il HT rt g '-- . . I-' T - - . -
. '.:K s- y w .'..-.. ' .'
t
ctte received by him bIkhH Mirch 6 1876. I
H- rii rci.-ed the office of judge Until ttii-
m-vi ntet-ith of April 187o. The Eigh-
teenth PNrrict was composed of the coun-
ties i.f (t.ilveston and Br.zoria.
'fni- (.' ni'ity C iurt of Brazria county di-
viccd ;b!i cuuuty int f jur jtisticea and
commissioners' precincta and etblished
oue voting place in each one at Brazoria
oue at Columbia oue at. Hart's atorv and
one at S -i tide Point. Theretofore for very
Luany years there bad bean vvtibg place at
Liverpool at Qui. man and at Churchill's
Ferry; that probably fifty voters live in
the neighborhood of Liverpool and reside
on au average fifteen miles from Sindy
Point the nearest voting place There being
between 4U0 aud 500 Voters in the preclucl
embracing these points. That Qditman is
about ten miles from Hart's (tore; that the
contestant had a majority of the votes cast
at Hart's store.
About twelve days before the election the
County Court of Brazoria county waa peti-
tioned by the electors residing at aud near
tuitman Yelasco Liverpool aud CI urch-
hills to establish these places as voting
places which the court refused to do. That
the places last mentioned had existed as
voting places since the days of the Repub-
lic w;th the exception of such time as by
law the voting was confined to the court
house until the time when the county court
abolished them iu the .last instance..
We agree thut the above are facts ad-
mitted. ......
Signed A. P. McCormick
( Signed J O. L. Cleveland.
The return of the election embraced the
following statement :
Returns of the election held or the fif
teenth day of February A. D. 1876 in tbe
counties of Galveston Brazoria and Mata-
gorda for Senator of the Nineteenth Sena-
torial District of the State of Texas:
Charles L. Cleveland received In Galveston Co. ..138:1
Charles L. Cleveland received iu Uraajria Co. .. . 5l
Churl g L. Cleveland iecived iu Matagorda Co... S 4
- s.tro
A. P. Jlc'.ormlck received in Oa'veatonCo i.m
A. 1. Jlc. or Hi uk r.-ei-ivcd in Br zona Cu 1147
A. j .vicuormick rc.-eivai iu Jiaiayo ua co..... 47
7l
majority ror A. r. Mccorm:c( Til vote.
I hereby certify that the foregoing i a
true copy f the official returns of the elec
tion nHined therein as inivie to me the id
de.-signed returning officer of the district
named. l '
Given under mv hand and the seal of the
County Court of Galveston. i ' '
Signed - R. D. Johnson.
Presiding Justice of Galveston Co
The contcstaut states his case in the statu
tory notice required as follows:
To Hon. A. P. MeCormi k; ' .
The undersigned respectfully notifies you
that be will contest tbe validity of your
electron to the office of Senator from the
Nineteenth Senatorial District of the State
ot Texas to the Fifteenth Legislature to
which you claim a seat by virtue of an elec-
tion bold ou the fifteenth day of -February
1876 uuder au ordinance paused by tbe late
Constitutional Convention for this .State
And as holding certificate of election to the
said office of Senator. .
Your right .to a seat in the said Legisla.
ture is denied And the . undersigned con-
tests your election and relies on the follow
ing grounds to sustain such contest to-wit. :
' Firs-. At the tima of the election afore-
said and before and since you were judge
of tne Eighteenth Judicial District of the
State of Tex'as in the full possession aud
exercise nf the fnnctioh's of thAt office.
aud by reason thereof ineligible' incapable
of biug elected to the -nffioe of Senator
ab.re. uid of which the electors bad notice
Second. That the undersigued received
at the election aforesaid lor the office of
Senator to which he -was and is eligible-
in tbe Nineteeuih District aforesaid two
thousand nine hundred and fifty votes be-
ing tbe next highest number of votes cast
at said election for auy cundidate by rea-
son whereof and of your ineligibility the
unders'gned was duly elected to the office
of Senator for -the said' Nineteenth Senato-
rial District to the Filtee'nth Legislature of
the Btmc of lexis ard entitled to bis seat
therein.
Third. That the County Court of Bra
zoiia county previous to the election afore-
said cting under authority of an ordinance
submitting the new Constitution to a vote
of the people ami for other purposes passed
bv the Constitutional Conveutiou redivided
the said county into precincts and estab
lished only lour voting places in d coun-
ty to-wii; at Brazoria at Sandy Point at
Columbia at li art's store and did abol-
ish against the wish and protest of tbe
electors thereof the voting place to-wit:
of Liverpool Velasco and Quitman where
elections had always' before and since the
earliest organization of the government of
the Kepuolic of lexas bad been held con
tinuously till the abolishment of said voting
places tiy said county court a short time be-
fore the recent election.' That the (Hrtarice
from Liverpool to Sandy ; Point the nearest
voting place is about t we oty-flve' miles;
that the distance from Yelasco and Quit
man to the !?earet i voting placv Hart's
store i.i about twelve miles. ..That no vot-
ing place was establish! d west of Brsxoria
in said couuty BlihouRh the one formerly
exist Lug was by said county court' at the
time a! oresaid abolished against the pro-
tects of the electors therein by means of
which a large portion of the electors of said
county were practically disfranchised lie-
cause of the great inconvenience lb attend-
ing the voting places 'remaining in said
county.' Thut nt the said precincts thus
abolished the w hite electors ' greatly ex-
celled iu ntihibers the black voters while
at the voting places 'so established by said
connry court ; the electors Of the African race
greatly exceed those of the'wbite race.
FouitlL Tuatt Sandy Point in Brazo-
ria county on the day of tbe election vio-
lence was threatened and used against elec-
tors who made known tbeir intention to
vote for candidates avowedly Democratic
or yho were u-qected of intending so to
vote and thereby tile freedom of election
persecuted.
Fifth. That acts of fraud and violence
were committed and threatened at the vot-
ing places of Brazoria county and at
Hawkins's store and other voting places in
Matagorda county; by ihoee of the Repub-
lican party and all this in the interest of
yourself among other candidates for office
in faid counties. n. .
Respectfully submitted this the four-
teenth dav of March 1876.
(Signed) Charlies L. Cleveland.
1 hereby certify that on tbe fourteenth
day of March 1876' I handed to tbe Hon.
A. P. McCormick in person a true copy of
the foregoing notice of contest XArch 14
is;6. .... ..- - ..... -..
(Signed . Job A. Owens.
The sitting member states bis case in tbe
replication as follows: . '
To lion. Charles 1 Cleveland; '
The undersigned respectfully replying
to your notice of conteat of his election to
the effie of Senator from the Nineteenth
Senatorial District of tbo State of Texas to
the Fifteenth Legislature shows:
First. That the undersigned is eligible
legally qualified to be chosento the Fif-
teenth Legislature and that no matter of '
fact in shown in your "flist"' ground of
contest which even appears to disqualify
biro or render hiiu ineligible to tbe first
Legislature under tbe Constitution. -
S"Cjnd. Tbat the undersigned received
at the election aforesaid for the office of
Senate in the Nineteen Ml district afore-
said three thousand seven hundred and
twecty-one votes which ve him a ma-
jority of. seven -bundled and aerreaty-oae
vote. ; ; . ' f
Third. The County Court of .Brazoria
couLty. more than twenty days before tbe
late eiecuon did re-divide said county into
tae number of precincts provided for by tbe
new Cou.tiiutioo sad aatabliAhcHl on vot-
ing place ia each precinct the said court ;
wLh who in the diacretioa was lodged not
deeming il neceaaxy for public coavvniaace
tbat more voting places abotald be eatab-li-hed
in any of tbe said precincta. Your
Allegation tbat a Urge portion of the eleo- j
tors of said county were 'practical It dis
qualified is unwarranted by the facta. Is ex- j
presaty denied and is abundantly answered
. . - .-.'... . . . . . .
and refuted by the volume of the vote
cat the largest ever cast in the county
and by the polilicil ami peisoual com-
plexion of it. as well.
Fourth. The uudcrsii;ucd has uo knowl-
edge of the malt -is tiubriced in your
fourth " and filth " grounds of contest
and said ruarteri ar too vaguely stated to
enable him to iuq.ure luto aud auswer thd
same but on hia bent inlormiliou and be
lie 1 he replies :ha( the charges are gratui-
tous and wholly unfounded iu fact aud tne
same are all and singular distinctly denied.
ReKpecttully replied this eighteenth day
of March 1876.
Signed A. P. McCormick.
The committee bkd the beneiit of lull dis
cussion orally and by written brief of
learned counsel both for contestant nl
Hitting member and after mature reflec-
tion and examination believe the silting
member entitled to the seat.
Granting that the word "eligible"' used
in section 19 f article 3 of I he Constitu
tion refers tj the time of the election a is
stated by Cushmg (Law Leg. Ase-euibliee
sec. 78) and to signify '"capatde of beiug
chosen." as it is dchned in our lexicons as
well as in the case of Searcy v. Grow 15
California Reports 121. Still tne commit
tee believe that the section referred to can
not affect the election held oi the fifteenth
of - February inasmuch as the present
Constitution did not take tffoct or to use
the language of theordTuauce eubinitring it
to the vote ot the ptoplr ''b .-couie tlin o
ganic and fundamental law of the State"
until the eighteenth day of April 1870.
It is true the ordioauce providing fur tbe
election of this Senate took effect in
November 1875 but the .ordinance no-
where prescribes by reference to the Con-
stitution or otherwise the qualifications of
tbe Senarora to be elected uuder it
It will not be contended for a moment
that the Constitution just superseded can
govern in cases arising under the present
for the old t'onstitutiou nowhere contem-
plates such an election and could not pro-
vide for its own destruction or anything in-
cidental thereto. The committee bailieving
that the sections of the Constitution pre-
scribing the qualification)! of Senators can
have only a prospective operation recom-
mend the passage of the following resolu-
tion to-wu i
Benolted That A. P. McCormick possesses
All the qualifications necessary for a S na-
tor under the Consti'iiuon ami was proper-
ly and constitutionally elected to the office
be now holds nod is entitled to hold bis
seat in this Senate.
Other matters of law and fact not being
necessary to a disposition of the case aud
in tbe view taken of it by the committee
have not been thoroughly considered and
are not reported on.
McLkart Chairman'. '
LITEST BV TELECRtPII.
All 1'artM ol' the World.
WASIIINUTON Mitt'. ' -
Washington April 28. Home The
8ergeant-at-arru has presented facts in "the
Kilbourn case to the Houne. Kef cried to
Judiciary Committee. v
The bill removing the disabilities of Gen..
Slaughter of Alabama passed it had
Already passed the Senate.
The legislative and executive appropri-
ation bill is up with an amendment giving
$14000 for au assay office in New Orleans
upon which a separate vote was deuiauded.
While the bill was iu the hands of the com-
mittee it was adopted and is now a part of
the bill.' The appropriation for au assay
office i a Charlotte Nrih Carolina was re
duced from $4000 to $2700 aud is also a
part of the bill.
The committee investigating the cae of
Gen. Boughtou reported that he bad been
indicted but that the indictments had lieen
dismissed. They report that affairs in
Texas were in au unsettled condition and
without recommending any action asked
to be discharged.
Gen. Bough ton who had been waiting the
result to embark: in other business resigned
his pluce as cleik of the Military Com
mittee.
The investigation of the release of the
vessel Mary Mcrritt is progressing favora-
bly for Bristow.
Senate --The Senate suspended legisla-
tive business and at 12:30 the impeach-
ment trial was resumed. .
Chief Justice Carter to-day rendered his
decision in the Kilbourn hubetu anpnii case.
After reviewing tha causes leading to the
issuance of the wiir the issuo of i tie writ
the return then to aud cleima of the'reapec--tive
counsel hu decided that section 104 01
tbo revi.-ved statues relating t re-tisint wit-
nesses and aoproved Jauuary 23 1874 b
explanatory of section 102 of previous acts
in relation to such witnesses the last legis-
lation on the subject nn I the point of Ian
in the two sections are as follows:
Section 102. Every peisou who hiving
been summoned ns a witness by the1 attor-
ney of either house of Congress to give tes
tiuiony or produce papers upon auy matter
uuder inquiry before eithir buue of Con
gress wiiiully make delault or who hav
int. appeared refuse's to answer any questior
pertinent to the question uuder inquiry
shall be guilty of a misdemeanor punish-
able by fine ot not more than one thousand
dollars nor les than one hundred dollsn-
and imprisoumi-Bt in a common j dl for not
less than one uiuutb nor more than twelrr
months.
Section 101. Wherever a witne sum-
moned as mentioned in section 102 fails
to testify and tho facts axe reported to
either house the President of the Senate ot
the Speaker of the House as the case may
be shall certify to the fact Under the seal
ol the Senate or the House to the district
attorney for the District of Columbia
whose duty it shall be to bring thi ' matter
before tbe irrand jury for their i ction.
He therelore decided that the ate is one
of misdemeanor aud pu iisltnM; by th
courts and said in conctusiou that tbe re
lator will be rendered to douiioiou pf tbi
indictment.
"Washington April 28. Gossip has It
tbat a resolution'' will lie introduced in thf
House in a few days to investigate the con-
duct of Col. Ordway sergc-aoi-at-arms uu
der Blaine. It is alleged that great dis-
crepancies exist in his account aggregat-
ing thousand of dollar.
: C'lspp refuses to appear before the Com-
mittee on Printing. '
Wasiuxotox April 28. Walter B.
French of Bostou has beeu appointeu
journal clerk of the House. .
A quarter ol a million of legal tender
have been retired. : The outntaudiDg legal
tender amount to $37500000.
Prof. Rura in of foul mae b dircovered
another plant t of tbe twelfth magnitude.
Bix and a hall millions of dollars will be
disbursed .Monday on the Alabama cUims.
Briefs in benator Fi-ncer'a can have
been submitted. Thty will be argued At
the next meeting.
There was a long Cabinet session. The
question regarding the original documents
was discussed but no deciaion reached as
Bristow was attending the meeting pf a
committee. ' - - '
Ames was before the Mifiippi election
committee and teatified to the exUtence of
a general system of intimidation fraud and
violence by which the voters in the Re-publican
counties were presented from vot-
ing. He found it impossible without
A bloody collision between tbe taaae-
ea as he was not supported try
troops to secure negroes tbeir right in
the recent election. There wtre riots
shooting threat od the peace effieem
overawed. It it claimed that the pretext
tbat they were robbing the State by txe.w-
rive taxation i wholly ungrounded ; that
taXAtion in Mississippi was only seventy
cent per head against sixteen dollars in
Hew 1 ork. It is proposed to have him con-
tin oe bit teoXitoony several days. .
Britow lost hia u-niper in tlie committee
room to-day and iatuuated that Bright of
Tcnneaaee had gone even outside of tbe
committee room to get evidence in tbe case
prejudicial to bun and be refused to shake
hinds wiih Ivr ght. Thp two finally ex-
plaine I r hemsi lves in vd ratuiv.
Killxiura gave 5l)u0 bail and waa dis- '
charged
Wasuisotos April 28. House A
clause in tne appropria-.i u bill abolishing ..-
the office of Comiiiis-.iiHirr of Indian Affairs
was objected to as unt g-ruiain to the bill. .
The Speaker sustained the objection and
tbe clause was stricken out.
Waskinuton Msy 1. The 7icynWona
says District Attorney Dyer has ot for- "
waruea irotn nt. a.ouis acy recommenoa--tion
about the pardon of ex-Collector Me-
Guirc but private Advices say he will not
annrnve the net it ion to the President tar
his release. It is understood .here .'that 0
Dyer's declination is baaed upon political
considerations. Tbe same answer will be
made in retard to the application for th
pardon of McKee.
Seuate The Senate is discussing the 7
passed amendment to the rules governing .
the impeachiueut trial so as to provide tbat
delilieratlons of Senate questions submitted
shall be iu public.
The Railroad Committee will meet After
a week's notice. ' '
Washington May 1. Debt statement
decrease two and a fourth millions; coin ia '
Treasury seveuty seven and five-eighths '
millions. ;
Pierreirfint ha goue to New Yorkand
returns Thursday. .
ivew uaa jjuuo 10 uosiou ; returns in two
weeks.
Bristow testified thnt be had nothing 'to
Ji with the Mary; Merritt rase after he be-
came Secretary of the Treasury; was Abi
sent when the matter was settled by Mr
Conant and denied in general all "negotia-
tions of the rostMutiou ordering an iuvestl-''
gallon. -i ' i: ; . ' ' - ' -n I
Delegates of the Pensioner' Union called 1
on tlie 1'iesideut and asked him to protect
the soldiers especially the crippled ours in . '
office under a reduction of force.' The '
President replied that he would do what '
fee could for them. - 1 ' .'..n -i
Senate The Richmond Chamlwr o( i'
Commerce petitions for metric measure.
The order for public consultations in tho
impeachment esse was laid over. !' -"i;
Shennan of Ohio cal ed up House joint'
reolutiou explanatory of tbe law allowing
tho Commissioner of Internal lievenue to
issue special tax stamps to persons carry-
ing on the business of retail dealers In
liquor tobacco etc. on railroad trains And
tteamlioats. . He seut to the clerk's desk
and bad read a message from the Commis-
sioner of Internal Revenue stating that sub-
licenses expired to-dsy end it was necessa-'1
ry to have 'he joint resolution passed be- .
fore renewing them." Sherman said the
only object of the resolution was to relieve '
persons engaged in such traffic from penal- 1
ties which might bo impoeetl under title
35 of the revised atatutes. ' Tho resolution '
was passed.' . '-'.
Tbe impeachment case is pending. Mo---Dopald
made a m tion to resciud the order:
allowing the respondent to open and close
the argument.
' Blair' by ' unanimous consent ' spoke
against the motion to rescind. " - 1 iv.i
! Hoar Carpenter and. Lord a poke andi
tbe Senate retired afu r consultation.. Terry
announced that the motion to rescind was (
overruled and thut four of the mansgsra
...I I ft... ..II. - 1 . . J I . 1 A I
X- I . . T . . 1 .
wumu oo aiiiiwcii 10 auuress i.ue crmra oa
the question of the jurisdiction of the
court. . . . . .. . ..j .
Adjourned to Thursday. . 1
' Boutwtll introduced a" bill to authorize''
the Secretary of the Treasury to renew the '
isssue of fractional currency providing the'
total amount at auy time ahull not exceed
$50000000. Referred to Cowmittoe.ou
Finance. ' .. .
Sargent addressed the S.nale on Chinose
immigration. " . ' '
Adjourned. ' -: ' ' !
House Harris of Virginia introduced
;i bill. jcjii;aling . the law. requiring the
speaker to certify to court gac of recusant
witness. " -
Morey introduced a bill extending the
time for the completion of the Texas line
to a point opposite Vicksbutg. 1 . .
Riddle relating to the evidence of the
loyalty before the S mihern Cluiins Coiu-
tnissiou. .... 1
Singleton presented a memorial from the'
Mississippi Legislature for iul provement of
tho Tombigbeo river also rol eviug naval
.contractors whoso pay was suspended dur-
ing the war. A resolution directing the com-
missioners to conduct the investigations
openly failed of two-thirds majority; yea
126; nays 105. All Republicans voted.
!ye. A resolution to conduct the in-;
vestlgations with open doors except whea5
in the opinion of the Commissioners pub-
lic interests would Ixi prejudiced but Any.
person accused shall be allowed to be beard
himself or by counsel was adopted. t
! llollmaa of Maryland moved to suspend
the tules ud pass the. bill to repeal as-
much of the resit in prion act h authorize'
the redemption and cancellation of United '
States botes and the salo of the United'
States bond for the accomplishment of
that purpose. Rejected.. Yens 113 nays
132 not two-third in the affirmative' ''
UMne rising to a personal explanation '
sent to the clerk's dusk and bad read a
VA8hington telegram in the New York ;
Herald ol yesterday reflecting upon him- in
t matter Of certain bonds of the KanraV
Pacific Railroad Company and suggesting'
that in his explanation last week be- bad
found it too embarrassing to be Answered
and had taken refuge ia scorn and silence .
He raid that although he had been perfect-'
y aware that such stories were circulating;'
tl many quarters he bad not 1 when he
mule hi last explanation of the $64000;
aiinder made any allusion" tothera be-
cause he did not want to have. the two
things mixed up in the public mind; and
besides he was waiting until the charge
dionld be put in some definite shape as it
ow was in the HrruUi Article. He therefor!
proceeded to demolish in general nod in de-(
rail the whole unsubstantial fabric and
read letters to himself from M:r. Riddle .
Si Stewart attorneys And from Mr. Koowl-'
ton a newspaper correspondent since de-'
ceased who was originally rexpopsibln for
tbe story and from several other newspaper
correspondents who were iu some degree in-'
strumental in trivingit publicity. These let-'
rers entirely exonerated him in every re--
aptCt. .... . . . . . . V I . . ;t jr . 1
o.vfiTio nr.wa.
b
Baltimore May 1. The seventeenth'
delegated general conference of the Meth-
odist Episcopal Cbareh. aaaembled this '
morning at the Academy of Muaic and was
"ailed to order at l'clock by BmImip Jaynes.
Bishops Simpson Scott and others occu-
pied seats on the platform and the audito-
rium Was filled wrth-dtlenate'
Dr. Wood: of the North w-nt Indiaua
Conference and Dr. Gardner and : Baker
of New York were invited to take seats on
tbe platform.
After reading a pasaage of scripture and
prayer Biahop Jaynes stated tbat be held
in bis band a roll of tbe iieleit to dim :
conference prepared by Geo.. W. Woodruff I
Secretary of jibe last conference. 1 '
On motion of Dr. Curry of 1 the' New"
York Chrutian A'ltoenU 1 Mf. . Woodruff -proceeded
to call the roll of tho delegate. ;
At the conclusion B'.shop Jayuea announced
a qaorum present.
On motion of Mr. Newman of Washing- '
ton City the conference proceeded to elect"
A stcretary.
A New York dispatch from Colombo.
Ohio of the Ihirtielh says Adjutent Gen-:
eral Wickoff left there ti day M Maaaiioo
to direct the movement of troops ordered '
to the. Manor log u.iumg region the-civil
authoritiea having a-i vised Govsrnsr Ilayta.
of tbe inability to protect the property of
the operators and lives wf mine; who de-
sire to work sgiokt th nv.b w h.i fiave pre-
vented work lor aorue time. It 1 thought '.
work will be reaumed to-morrow va the ar-
rival of the military. ' .j
Naw Yoke My I. Go!J opened to-dy
at 113 5 6.
Paoviptsre It. I Miy J. Al Ntwrx rt
trwJsy the will of C'Lalotte Cualinian waa
admitted to probstc. Mr. J. Young Seam
moa waaprvart ao-l uiUcniic4i( hi. own -signatoi.
.' .; i . 1 ' .
.tXI! J
1j
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Weekly Democratic Statesman. (Austin, Tex.), Vol. 5, No. 39, Ed. 1 Thursday, May 4, 1876, newspaper, May 4, 1876; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth277574/m1/1/?q=j+w+gardner: accessed June 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .