The New York herald., 1876-11-30

corded his protest also for tho reasons strongly
and pointsdly stated
rHx GuuxxSAroRIAL QUESTION.
The concurrent resolution OF the MacKoy House. ap-
pointed to-day, at three O'Clock. TO the vote
for Governor and Lieutenant Governor came up In tho
Senate to-day. and alter lengthy discussion, to tho
dsmay Of the Macksy body and tho republican leaders
It amended TO take the returns at twelve O'Clock
ON Friday, which time the Senate adjourned
that nnal decision OF the gubernatorial question
impossible before that day II clear that tho Senate
hcsitasinE A change Of three votes is all that Is
necessary 70 produce great results, and II is not i'm
probaDls that by tho time of the meeting on Friday
that change may be effected. While 1t Is true that
the Senate has refused to recognize tho Hampton
House il - equally true that 1t may change its mind 10
the next forty eight hourh
THE uasgAs CORPUS CASE.
The case OF habeas corpus OF the State Board came
before Judge Bond this morning at ten A. NJ. The
counsel for the Board ned copy the OF all
the proceedinRs bsforc the Supreme Court. Counsel
for the supreme Court Generals Connor and johnson,
filed afndavits showing that the Board at liberty
BY permssion ofths Marshal. ana substantially
released from the punishment imposed them by the
Supreme Court for thor contempt General Connor
directed the attention OF the Court TO the fact that
these men In prison for punishment; that, under
before this Court had decided whethor they were
wrongfully imprisoned; that this outrage on
the law prostitution OF the process Of this Court
II the Court took e to advise in this case these men
would be az libertyho matter how long l; took tho
Court 10 decide
General Johnson said that Il was ms II they i'm
prisoned In the Penitentiary sentenced by the su-
preme Court for : felony murder, and yet they
relieved Of punishment without any court pass
ing ther case. II was the power OF pardon exer-
cised under the protence OF habeas corpus.
rnE MARSHAL RESPONSIBLE.
Judge Bond said the Marshal was responsible his
bond All he hsd3o do was to keep thom safely and
produce them when ordered Ho might keep tbems at
a hotel or MS own house or at their own houses
THE ARGUMENT.
General johnson then moved TO dismiss the writ
and remand the prisoners to the custody OF the Sheriff
He argued that thGDourt had no jurisdiction and tho
petition showed n 1t showed they wero imprisoned
In execution Of Judgment OF tho Supreme Court for
contempt. The tdgment OF any court in contempt
binds all other couSs that Of Supreme Court as to
tho Of State<dnds all other courts and does
its decision = to II own Jurisdiction.
Judges Settle anfpenny, for tho Board argued that
this Court hadf Jurisdiction TO hear. The judg-
ment OF tho 8pprcme Court was void, It
had no jurisdIchon over State canvassers
General Connor,sf6r the Supreme Court, says the
question is whothss this Court had jurisdiction In
habeas corpus to discharge prisoner committed for
contempt or the Supreme Court OF the State To state
tho question was te answer It,
General Connor argued that no federal question
was involved; tho prisoners State oficcrs; the
point before tho State Court tho construction OF
tho State constitution and statutcs The prisoners
in court and argued their case. Tho Court is
sued its mandate and they ds50cyod IT., and tho
Court committed them for contempt, and under
the law or tho United States no other court
could revise reverse their decision. The jurisdic
ton Of tho State and United States courts was clearly
defined; neither could interfere with the other Tho
action OF the Judge in this practically re.
leased the prsol6rs from Imprisonment imposed
by State el4rt, and tended to break
down that rospsqX qXor law upon which the safety OF
society depends. 9General Connor closed with an
appeal to thc Judge decide the case at an
early day, as othepiso tho prisoners were released
while tho Court w&s determining whether It had urs-
diction. -
The Judge said that no would take time to consider
the case. The general belief OF the public that he
wni piees1sc'. sAexs~pcss and decide it for
months. Tho practical effect OF this action is the
the State Board, imprisoned for contempt by Su
preme Court released by Judge Bond and Its SEN
tence set as.do
THE EFFECT
Therefore tho Supreme Court viii hardly proceed ia
require correction of the Court in the case OF the
Presidential electors and the Hayes electors will meet
Wednesday and cast the vote OF Sauth Carolina for
him. Such are the effects OF writ OF hapeas corpus
LOUISIANA.
THE RETURNS ALL opENED-coNTINUATIoN OF
DELAY IN ACTING ON THE DEMOCRATIC
PARIsHEs-THE DEMOCRATIC VISITORS on
THE pINKsToN oUTRAGE-AN ATTEMPT AT
POLITICAL SIGNIFICANCE.
[BY TELEGRAPH TO THE HERALD.1
NEW ORLEANS, Nov 20, 1876
The Returning Board oponcd tho returns from all
remaining parishes to-day and all laid over
for future consideration under Packards general pro-
test There arc about twenty uncanvasssd parishes
this condition, all with democratic majorites The
Board will hear evidence in the intimidation
cases up to Saturday evening four O'Clock, after
which the committees will be excluded, and the vote
will be counted and tabuIated in secret session.
THE INTIMIDATION EVIDENCE
To-day devoted TO hearing the rebutting owl
denco the Pinkston outrage, which was pointed
in defence yesterdays was In accusation. There
was no excitement, members OF tho committee and
counsel merely conhning themselves to nerrogatorics
with the result that the democrats express confidence
In having nearly exploded the charge, while tho re-
pubIicans claim the contrary. Both Kellogg and
Judge Dbble maintained tho latter view when inter-
viewed upon the subject and appear to rely mainly
upon this description OF evidence to justify tho con-
templated action OF the Board. A number OF similar
charges held in reserve, and will be produced as
rapidly possible Judge Kelley lett for home this
evening.
DrsARMyG MILITIA
All the volunteer military companies have been
ordered to hand in their belonging to the STATE
which are being stored in the arsenal
THE PrSKsToy CASE
Tho Pinkston has been prominent topic of
conversation in the committee rooms tonight At tho
democratic headquarters all agree In believing tho
supplementary outrage introduced this morning as