New-York tribune., 1870-12-05
NEW-YORK STATE-[OrrrcrALl
ERIE COUNTY.
ALABAMA.
GEN. WARNER NOMINATED FOR UNITED STATES
SENATOR BY THE REPUBLICANS.

GEN. WARNER NOMINATED FOR UNITED STATES
SENATOR BY THE REPUBLICANS.
MONTGOMERY, Dec. 3.-Gen. Willard War
ner was unanimously nominated for United states Sen
atOr in the Republican caucus last night, receiving u
votes few members withdrew before the nomination.
There are 70 Republican members Of the Legislature and
had all present, Gen. Warner would have received
at least CO votes, and probably g..
CARD FROM Mr.. CHARLES HAYS.
The following card received by telegraph Saturday
evening from Mr. Charles Hays, Membero Congress from
the WITH District Of Alabama Is in reference 70 dispatch
in THE TRIBUNE Of Nov 49, in which he mentioned as
probable candidate for United states Senator, upon
whom the wholeIRepUblican strength could be conccn
raed 1t has been feared that the hostility Of Sena tor
Spencer in case Of Gen. Warmers nomination, might
drawo enough Republican votes to secure the return OF
Democrat. There are 1873 members Of the Legislature.
and G7 votes necessary to an election.
To the EditOr Of The Trtbune.
SIR: Referring 10 your Washington dispatch, hayo
TO say that not candidate for the Senate but sup
port Gen. Warner do Gov Smith and MesSrs Plrsons
White, and Rice, with most Of the leading native ltepdb
licans. CHARLES BAYS.
Montgomery, Ala, Dec B. X W. REALEY.
Chairman Republican state Executive Committee.
THE CONTEST OF GoyERNoRs-CoRREsPoND
BETWEEN SMITH AND LINDSAY.
At noon on Monday last, Mr.. Lindsay, who
claims the gubernational chair OF Alabama. sent note
to Gov smith, who still holds the executive departments
demanding that the offices be surrendered 10 Col Jolly
the bearer who authorized 10 act in the premises for
himself. Gov. Smith said in his reply: respectfully
inform you that decline to comply with your Request 70
surrender 10 you the apartments IN the capitol
now occupied by me an executive chamber. also dc
cline TO transfer any public property now In my posses
sion base my refusal upon the ground that you nos
the ia"tuy eeC1e,l GOFefhOr OF AIaoai In order 10
test tat question have reS0rted 10 the peaceful remedy
Of bill filed in the Court of Chancery Of Montgomery
county the purpose OF cOntesng with you the rgb
to the Office OF Governor and in the bill prayed for anc
Senate, which duly served on him, restraining HIM
from opening, counting and declaring the result Of the
the further order OF the Court. As am informed and
believe the only claim you pretend to set up 10 the office
the solemn injunction Of said Court Of Chancery"
on Tuesday Nr. Lindsay after acknowledging the re-
cept OF the above answer quotes the articles Of the Ala
bdma Constitution IN reference 10 the election and qual
caton Of officers, and to contested elections He then
spirit OF these constitutional provisions, was, the
25th inst duly declared Governor OF Alabama for the
term OF two years received the certificate OF the Pres
dent OF the senate IN testimony thereof That certificate
and my oath file IN the office OF the secretary Of
state Your bhl was hed in the Chancery Court 10
Join the counting OF the vote. How could you cOntes
my election before IL was known thar wa, elected
How could il be ascertaned without counting, whethe
yourself received the h CHER number AYE before t
was or could he known that you were ie.eatel l VIII
not however argue my right after the proper aud hgh
tribunal OF the Legislature h1s aJudicaed ami declared
that right"
The Correspondence g. closed ry Gov Smith As follows:
81 do not desire 10 enter t0 amy argument with you
upon the subject, do any other act To proyose III
feeling. II il is your desire To have my reasons more
fully tor the action have taken, viii very willingly
give them 10 you On tomorrow. Will say now, how
ever that ii yOuare lawfully elected and am conyinced
OF that fact, 1 will cheeriully submit % the ,~. law
You have been legally elected. when thu
shall have been done according 70 the clause ol we Go
stituti0n quoted by You, or IN any oihgI les lloue
win he s1t Sled and yelda ready obedience nave no
desire 10 usurp Office Of Governor ana Woui hot
hold il by any other than legal and equitable means Ia
other wGr, the voice Of tne people as rejected D he
late election against me and In tNor or Nou VIII %
content ana that Is ascertaned, either Oy con
test before the two houses Or the General ASsehDO or
any other legal manner, will submit without WoId
ihe Alabama StGte Journal, the leading kepuolcan
paper of the state says we have before expressed our
disbelief in the wisdom of the policy which Gov onth
saw M To pursue this matter but of course nc has s
right To pursue that which he deems best 10 90
tain an early investigation of the wrongs which are COM
planned OF. II what hear be true, he ceraIhl ~
good cause 10 contest aud the Republican P4ly
would demand 10 OF him rs their stIuoalu '''.N!,
though MANY true and good men honesty I'D,'
as 10 the manner BE that 10 may 1e,""
ever the contest has been commence lu ~
courts and IL now becomes the solemn duty u every an
10 uphold and sustain the majesty Of the law. Eles
interest of the state demands that the mYestlst,S
should be held at once, and are assured ny uof.
smith that he is ready for t to-day. By c}h.,,.
OF both parties the injunction can Dee heard o,lyyr
chancellor Fielder at once, and hope tna no deaJ
will be made in the matter. II is the deterln nalOlv "a
the Republicans 10 abide the decision OF The coui
upon the alleged frauds and we trust for the g1oa "a
tie and of society, that the Same sprt WI. l''
YadC the Democratic party