The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-18


agents of the same association are to accumu.
late evidence to be used presumably in obtain
ing indictments. Doubtless the consequence
of this revival of outward shows in religion
will be an agitation for the repeal at Albany
of all the Sunday laws but in the meantime
it will be surprising if the Germans do not meet
the case in the courts. The clause in the
State constitution under which people might
claim immunity from sectarian dictation and
control is as follows 1.-The free exercise
and enjoyment of religious profession and
worship without discrimination or preference,
shall forever be allowed in this State to all
mankind, and no person shall be rendered in
competent to be witness on account OF his
opinions on matters of religious belief; but
the liberty of conscience hereby secured shall
not be so construed as to excuse acts OF icen-
tiousness, or justify practices inconsistent with
the peace OF safety of this State" Here the
only restriction placed upon absolute freedom
in regard to liberty of conscience-which
would be likely to disregard Sunday as relig-
ious season--is q restriction forbidding acts of
RIGHTEOUSNESS or practices. inconsistent with
the peace or safety of the State" Do the
musical reereatons of our German citizens
come under the ban of these clauses? We do
not believe it, and if they do not the law under
which they are repressed is in evident con-
fiict with the constitution Of the State.
The Texas Troubles-An Extinguisher
20 Governor Davis.
few days ago Governor Davis, of Texas,
republican, appealed to President Grant for the
services of detachment of United States
troops to maintain him in his Office, notwith-
standing his defeat in the recent State cleo
ton by an adverse majority of forty thousand
The ground of his application was that the
Supreme Court of the State had pronounced
said election departure upon technicality
null and void The President replied, sub
stantially, that, after signing the bill provid-
ing for said election, and after participating
in the canvass as candidate for re-elec-
ton, Governor Davis had no case just-
flying the employment in his behalf
Of the United States army, and that
his request, therefore, could not be
granted. Nine hundred and ninety men out
of every thousand outside Of Texas. on read
ing this application of Davis and the answer
of the President, concluded, no doubt, that
without further trouble Dayis would make
virtue of necessity and retire, particularly in
Difference to the Presidents closing sugges-
ton, "Would it not be prudent, as well as
right, to yield to the will of the people ex-
pressed by their baIlots?"
But failing upon one constitutional bubble,
Governor Davis flies to another He says that
according to the constitution of Texas his
term of four years as Governor does not ex-
pire till the 28th of April next; but that
Governor in the late State election) has been
inaugurated, and will attempt to seize the
Governors Office and buildings, and
that accordingly he, the outgoing
Governor Davis, is constrained to call upon
the President for military assistance The
President, through Attorney General Williams,
replies, in substance, that this second consti-
tutional plea of Davis is not good, ''that your
right to the Office of Governor at this time is
at least so doubtful that he (the Presidency
does not feel warranted in furnishing United
States troops to aid you in holding further
possession of it, and he therefore declines to
comply with your request.
Surely this will serve as an extinguisher to
Davis. Had he been wise man he would
have gracefully given up the contest with the
first broad hint he received from Washington
but he was, perhaps, the only man in the
country who did not discover in that first sig
nifcant despatch on the subject from General
Grant a decisive abandonment of the trouble
some, dangerous and proftless policy of fed
eral intervention adopted in behalf of Cover
nor Kellogg, of Louisiana.