New-York tribune., 1876-03-27
WASHINGTON.
FOR SENATOR SPENCER.

rvrnrScE EXCLUDED on TECHNICAL GROUNDS
RULINGS OF THE COMMITTEE oNifoHALi
AGAINST THE STATE.
,.,,,, TUE prcrIAR CORRESPONDENT OF THE TRIBUNE.l
v,sy,vcroN. March Ex-senator Morton's Com
;.,oo ON Privileges and Elections seems to he pre-
-, q very thick coat of whitewash for Senator
Sneer whose election it is investigating. Tx
senator Matt II. Carpenter who was formerly
menober of this Committee, is spencers attorney
and nrobably understands better than any one eise
nossibly can how TO manage 1t III the h'oieoV VI '
client. Before the investigation Degah' "ch' Nioi
W. ,.al for the State Of Alabama, was required
70 file with the Committee series or charges anu
snec;6cations by which the investigation was 10 he
limited When these were submitted seVeral whlch
co, Morgan considered most important, and which
ne WAS hest prepared to sustain were stricken out
-, ,ho, Of the request Of the Committee, the
',aInos Of witnesses by whose testimony it was ex
,,oo,od to prove the specifications which were
aIloved 70 stand were furnished the Committee.
The examination of witnesses began little more
,bon week ago and from the first the rulings OF
the Committee have been uniformly In 1aVor OF
Spencer and against the State At the time OF Sen
otor Spencers election two pretended Legislatures
were in session in MOntgomery. One, which was
recognized by the authorities of the State held It's
meetings at the usual place in the State House, ana
another in the United States Court room. Senator
Spencer was elected by the latter but III order 10
remove any cloud from his title to seat III the
Senate of the United states it was necessary not
only 10 prove that he had received majority OF all
the votes east IN the Courthouse Legislature but to
show that the body to whom he owed his election
was the legal Legislature of the State. or course
there could be but one such legal Legislature, and II
that sitting at the State House sustained its claim,
then that in session at the Courthouse, and wmch
elected Mr. Spencer, was not Legislature at all
He was therefore just much interested III destroy
ING the ouorum in the one Assembly rs Ill MAIN
tanning it in the other, and the object OF the
alleged bribery and corruption was as much 10 pre-
vent legally elected members of the Legislature
from going to the State House as to induce them TO
take their seats in the Court-lIouse body. 1t was
easy enough TO fill vacancies IN the Legislature
which he controlled as has been repeatedly shown;
it was not so easy to prevent legally elected me-
bers from taking their seats in the State House AS
sembly.
Fair and searching investigation would therefore
include an inquiry into all corrupt bargains WIN
members of either body, whether the object OF the
bribery or corruption was to break up quorum on
the one hand or TO secure it on the other But the
Committee does lot seem anxious TO learn the tlulh
and citing this PLAIN theory, 1t has ruled that no
testimony will be admitted TO prove that men were
lribed to stay away from the State House Oody uh-
less il is also shown that they were hred OF o'er
wise induced to take their seats III the Assembly
which met at the Courthouse. This closes one of
the most important branches of the inquiry. very
few of the members who assisted in the orgauza-
ton of the State House Legislature were hired 10
leave that body for the purpose of taking their seats
in the other but the proof that several were blDed
to stay away from the meetings at the State iouse
in order to prevent an election from taking place
there is very strong, and this proof the Committee
has by its rulings excluded.
One of the most important specifications alleged
that a member of the state House Legislature Man
rlll about whose election there was no question:
had received a bribe of 800 and been promised an
increase of compensation for carrying the mail Oh q
ronte which he held without any increase OF service
TO induce him TO absent himself from his seat on the
day fixed by law for the election of United STATES
Senator. The Committee allowed Gen. Morgan 10
summon witnesses to prove this specification, ana
they were brought to Washington. But when thelr
examination was about to begin, Senator Spencers
counsel having become alarmed, moved hrst To eX-
clude their testimony, and, failing III thls asked
that these specifications be stricken out, and the
Committee, by party vote, granted this request
and refused to examine any witnesses Ill regard to
Mancilps bribery.
Another member of the State House Legislature
who was prevented from being in his seat at the
fine when United States Senator should have been
elected was Mr. Stribling. lie was enticed INTO a
gambling saloon and there dragged with prepared
Gouor and remained in an unconscious or very crit
ical state for several days. Senator MOrtons Com
mlttee allowed this man to be summoned as
witness; also the physician who attended
him. and numerous other witnesses who saw
him at the time and ready to tes-
tify to the facts as alleged But under the
rulings of the Committee, since it was not alleged
that an attempt was made to entice him to take
seat in the Courthouse Assembly which elected
Spencer all testimony in regard TO this transaction
was ruled out, and the witnesses TO IL nave been
sent back TO Alabama without being examined.
Another ruling of the Committee excludes all tes-
tmony relating TO money transactions between Sen
ator Spencer and United States officers unless III Is
positively shown that the money obtained from those
officers was used by Spencer for the corruption OF
members of the Legislature For instance the testl-
mony showed that Spencer demanded money OF the
Postmaster at Mobile and Of the Collector OF Internal
Revenue at Montgomery, it is alleged. for election
purposes knowing that the money furnished was inc
property of the United States, but this evidence Is
not allowed to have any weight unless 1t Is also
proved that this identical money used by Spencer
for corrupt purposes. In other words, the state OF
Alabama is confined for the most part by the Com
mittee to direct testimony in making out its case,
and is allowed to introduce but very little circum-
santia evidence TO sustain il. After such an in
yestgation as this nobody Will be surprised if the
Committee reports that the charges against Senator
Spencer have not been sustained.
OBSTACLES TO THE RETURN OF WINSLOW.
AN ACT or COyCPrSa IeKrD nv GREAT BRITAIN