The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-17
General Candy Determined to Administer
II to the Legislature.
The Senatorial Elections I'm
Tennessee.


oct passed July %. isea provides for o UNIFORM
mesaod and time for the election OF United states
senators from the several States The nrst section
OF the act alluded TO fprovdes shat the Legixstre
OF each State which shall 10 chosen mes preceding
the expiration Of the time for which any senator
was elected TO represent said State In Congress
shall on the second Tuesday aner the meeting and
organization thereof proceed to elect senator IN
Congress In the place OF such senator
20 going out OF once. ac." An the Tennessee
Legislature sits benniay. OF course the proper
time for the election Of its two Senators will be ON
the second Tuesday after the meeting ana organiza
ton thereof SO that the tug OF war between Andy
Johnson and his foes will have to come Oh sooner
than the latter wish. Another important fact de-
veloped by reference1to this act OF 1850 Is that It
positively interferes with the Virginia conservative
programme for legis alive action. The plan Of the
Virginia conservatives has been TO havo their Legis
iatare meet, organize. ratify the aftecnth amend
ment, and then adjourn without electlng Senators.
Their object In advocating this plan was to FIRST -.
certain the feeling OF Congress before choosing their
| Senators. OF course this Congressional act spois
the conservative programme.
The t3est Oath "a be Administered "a the Men.
bers Of tho Virginia Legislature.
There Ii good reason for stating that during Gen.
eai Canbys recent visit to this city received full
instructions from General Sherman with regard 10
the course he should pursue In the matter OF the
tronclad oath and the Legislature elect OF Virginia
What the precise nature Of these instructions were u
| not definitely known. 1t Is believed, however from
certain gtvings out of General Candy himself that
the iron-cad oath Is really to be put to the members
OF the Legislature The reference OF the question to
Attorney General H0ar for his opinion was done at
the request OF certain members Of the Cabinet who
were not quite clear on the legal points involved.
Such men as Boutwell, however, had no scruples;
and 1t Is understood that the Attorney
General himself looked At the matter In
the same light az Boutwell,. His decision
has not yet been given, but what Its general tenor
Will be is said to be known not only to the President
but to General Sherman. At all events. prominent
radicals here who arc known to be on terms of in
timacy with leading members OF the Cabinet are
quite confident In asserting that they have good rea-
son to believe that tho members of the Virginia
Legislature who cannot take the test oath will not be
allowed TO take their seats. The defeated Wells
radicals who ran Tor the Legislature are themselves
confident that thetsuccessful rivals will be ousted
on account OF their inability to swallow the ronclad
Pill, and one OF them boosted to-day that he
felt as certain that he would get his seat
a. II he In It, because the Walker
man who had received the largest number OF
votes could take the oath. Whether the Presi.
dent favors the administering Of the ronclad oath
| or not 1t Is thought ne will be driven into 1t by
majority OF his Cabinet who do. The action of Gene
| raj Sherman has been O matter of conjecture II
was thought by some that he would avail himself Of
some of the extraordinary powers conferred upon
the General OF the army BY Congress when that body
was endeav0rfng 70 hedge In President Johnson.
The radicals however, assert with great confidence
that Sherman is call right" that the President and
he understand each other, and that they Will act
harmoniously In this matter
I learn tonight from Richmond that General
Candy SAID to-day that he had no idea when he Will
issue his proclamation declaring the result OF the
election, and that all the talk about Virginia matters
in the papers was unauthorized. When asked If he
still adhered to his Interpretation OF the reconstruction
acts with regard to. their requirement of the test
oath Of members elect to the General Assembly OF
the State he replied that he did, and that the Pres.
dent and all prominent parties at washington with
whom he had consulted fully sustained him in his
Interpretation OF the law. He said further that the
Attorney General had given no opinion in the mat
ter. The impression is gaining ground that the
Legislature Will not assemble till Congress meets
and that will be left to the latter body to solve the
question.
Grnnt aud Col fax Losing Popularity in the
West.
A prominent republican politician OF Indiana
who arrived here last evening" gives It as his
opinion that the democrats will be successful at the
faction with the administration is very great and
has been brought about by the character OF GRANTS
appointments, his lack OF decided foreign policy
and the Extravaganza Of the Congressional travel.
ling committees. Colfax, this gentleman says, has
lost whatever popularity he had In Indiana, and q
strong party OF politicians is being organized to
oppose his aspirations TO the Presidency. The re.
publisans have lost all confidence In Grant, and are
bitterly regretting his election. The gentleman VIII
brings this report delegate to the Chicago Con
vention and the most prominent maoipuator for t he
nomination Of C0lfax.
Illegal Fees In the New York Custom, House.
The Commissioner OF Customs Nathan Sargent
has addressed letter to Moses II. Grinne, CoIiec-
tor OF Customs OF New York, relative to the colec
ton OF certain fees not enumerated In the Customs
Fee bill by the clearance ofcer Of the port Of New
YORK. The letter was called forth by communIca.
ton addressed to the Secretary OF the Treasury by
G. f. Barnes, agent Of the Owners and Captains As.
ISOLATION Of New York, Boston, Philadelphia and
New London, representing that the clearance ofncer
in New YORK collects certain fees not enumerated in
the Customs Fee BILL namely :-Harbor masters fees,
health of1cers' fees and State Hospital tax.
The Commissioner Of Customs calls the attention of
Collector Grinne to this, and expresses the hope
that the collection OF fees for the Harbor Master
Health Oficer and State Hospital tax no longer pre-
walls. The Commissioner also calls the attention OF
the Collector to the fact that fees OF this kind de-
handed at other ports have been made the subject
OF litigation and that the Supreme Court OF the United
states has decided against them. Commissioner
Sargent concludes his letter by saying:-"Under
these decisions the fees objected TO by Mr. Barnes
wholly illegal, and It will hardly be necessary to
direct that they shah in instance hereafter DO
collected"
The Collector Of Customs In Sitl<a.
The Treasury Department has received informa-
ton that the recently appointed Collector OF Gus
toms for Stka, Alaska, has arrived there and
entered upon the discharge OF his duties. mum
Der Of assistant special agents, who have been act
ina rs deputy collectors for that district. have been