The New York herald., 1876-11-24
NEW YORK HERALD FRIDAY NOVEMBER a. SHEET

tho Court to carefully consider the risk II would run
in issuing order that had right 20 issue, and
which could lawfully enforce II should be rs
sisted He closed his speech with appeal for fair
ness in which he said that the Governor had de-
cIdcd take the canvassing of the into his
hand He showed, as his counsel maintained TO the
very last, that the Court had jurisdiction in the
matter. 'And now,n SAID he:-
GENERAL BARLOW THE SITUATION.
have this 10 say. ! am frequently asked by tele-
grams from the North state my honor. what the
situation was here should like now 10 submit this
question oil the power OF the Court 10 issue an nunc-
tioD against the Governor TO the inspection OF Gov
ernor ). j. Tdeb who should be bound to decide Il
on his honor; TO Hon. Charles 0'Conor, who should
decide IL upon his honor or to Sanford u. Church,
who should decide II on his honor Your Honor has
not the shadow OF right TO issue ths Injunction,
much less power have you to enforce It.
TnK GovEKNoRs INTENTION.
The affidavit OF the Governor, introduced in the
trial. in which he said that be had pretended that
he had right to the VOTE taken with the
statements OF his friends this morning. that he never
intended to take that power to himself excites much
comment The democrats do not trust his statement,
and will insist with vigor the injunction II is
quite certain that up to this morning the Governor
understood to bc contemplating this STEP He was
certainly considering II quite studiousy, and
addressed the democratic committee q letter
SO urgent that he It Sunday,
promised he would do before he acted that they bad
better file what they had TO say the subject IL Is
also certain that the Governors friends advocating
the course he supposed to be about 10 pursue.
Mr. Chandler, who appeared TO be in charge OF affairs
warmly champoned his right TO canvass the vote and
prepared opinion sustaining him. II may
be that Barlow has counscled q moro moderate
course aud that his counses have prevailed.
In this event 1t Is hard to explain the
vigorous and persistent plea modc by the Ganeral
against jurisdc OF the Court in the matter, and
the evident he took impress the Court that no
matter what II decided its decision would be dsre-
garded.
EFFECT BARLow's SPEECH.
Barlow's speech created much favorable comment
a close and coherent argument The only objection
urged to it was its defiant, and AT times insoent and
disrespecttul tone While his manner was cool and
tranquil he evidently desired TO let the Judge
understand exactly what he thought OF his
attempted Jurisdiction The general remark was
That he had tried to bully the Judge Mr.. Marble
alluded to 1t exceedingly dsrespectful TO tho ad
ministraon ofJustice." II was polite and polished,
but very firm and decisive. There be doubt
that the republicans do not intend to obey the decision
Of the Court If it goes against them The evident pur
pose of General Barlows halt satirical alusion to the
impotence of the Judge, in case he attempted 10 en-
force his illegal injunction, to give notice that the
Governor would not be bound by It.
FEELING OF DEMOCRATS.
The news received IRON South Carolina Of the result
the republican managers there against the Supreme
Court leads 10 the belief high democratic circles
here that the republicans have determined to count
the three Southern States for Hayes, matter what
the courts may say or what the bal
lots may call for 1t 10 believed that
If 1t becomes necessary tho Governor will can
vass the votes issue his certificate 10 the Hayes
electors and risk chances OF appeal the peo
pie. l prepared to indorse this opinion yet,
although the republicans to-day have assumed very
defiant and confident demeanor.
RETURNS YET
There are only three whose official returns
are not in the hands Of the Secretary OF State,
Dade Brevard and Lafayette The first are hardly
yet by of mall the latter should have been
here u week ago.
ADJOURNMENT OF THE COURT.
The court adjourned upon the close OF General Bar
lows speech until niue O'Clock tomorrow, when
Colonel Bidde and Mr. Sellers, of Philadelphia and
Governor Brown, Of Georgia, will speak.
AN ABSURD TELEGRAM
appears havo been North to-day, claiming that
the official returns all in and show majority Of
7e3 for Hayes. THIS is utterly false The returns
not all in and those that sealed
GOVERNOR sTEARNs ON THE RETURNS
Governor Stearns said tonight that four counties
either way. This, by the way, Is virtual acknowl-
edgment of his defeat he Is probably $50 votes
behind Hayes