The New York herald., 1876-11-30

senator COcnranes OF Anucrson, TcpuoHcnns TO
corded his protest also for tho reasons strongly
and pointsdly stated
THE GrpERsAroRIAL QUESTION.
The concurrent resolution of the Mackey House. ap
pointed to-day threo O'Clock, 10 the vote
for Governor and Lieutenant Governor up in tho
Senate to-day and alter lengthy discussion, TO the
dsmay Of the Macksy body and the republican leaders
amended take up the returns at twelve O'Clock
ON Friday which time the Senate adjourned over
that final decision Of the gubernatoria question Is
impossible before that day IL clear that the senate
hcsitasinG A change of three votes IL all that
necessary 70 produce great results, and II is i'm
probable that by tho time OF the meeting Friday
that change may be ofected While II is true that
tho Senate has refused to recognize the Hampton
House IL s equally that il may change its mind 10
the next forty eight hours
nAsxAs CORPUS CASE
The case OF habeass corpus OF the State Board
before Judge Bond this morning at ten A. NJ. the
counsel for the Board ned copy of the record Of all
the proceedinRs bsfore the Supreme Court Counsel
for the supreme Court Generals Connor and Johnson
filed afdavts showing that the Board at liberty
by permission Of tho Marshal, substantially
released from the punishment imposed them by the
Supreme Court for thor contempt General Connor
directed the attention OF the Court to the TACT that
these men were In prison for punishment that under
the pretense OF habeas corpus they set at liberty
before this Court had decided whether they were
wrongfully imprisoned; that this was outrage on
the law prostitution Of the process OF this Court
Ifthe Csurt took tine advise in this these
would bo at libertypo matter how long /: took tho
Court TO decide
General johnson bald that IL was as IL they wcrc
prsoned in the PenItsntiary, sentenced by the su
preme Court for = felony murder, and yet they
vora nj xvifhout anv cnurt mass
ing on their cass. II was the power OF pardon exer
cised under the pretence OF habeas corpus.
rHE MARSHAL IRRESPONSIBLE.
Judge Bond said tho Marshal was responsible his
bond. All he hsd4o do to keep thcn safely and
produce them when ordered. Ho might keep thcms at
hotel or nis own house or at their own houses
THE ARGUMENT.
General johnson then moved to dismiss the writ
and remand the prisoners to the custody the Sheriff
He argued that h6pourt had no jurisdiction and the
petition showed II 1t showed they wero imprisoned
In execution Of judgment OF tho Supreme Court for
contempt. The j46ement Of any court in contempt
binds all other cou(ts; that of Supreme Court to
tho laws OF Statehnds all other courts and so does
its decision ~ to it1own Jurisdiction.
Judges Settle an4pcnny. for the Board argued that
this Court had Jurisdiction to hear. Tho judg-
mont of the Rnpreme Court was void IL
had Juris4ction over State canvassers.
General Connorsf6 the Supreme Court says the
question is whothsr this Court had Jurisdiction in
habeas corpus to discharge prisoner committed for
conemps OF the Supreme Court OF the State To state
tho question was to answer It,
General Connor argued that no federal question
was involved tho prisoners were State officers; the
point before the State Court the construction OF
tho State constitution and statutes The prisoners
were in court and argued their case, The Court is
sued it's mandate and they dis5Ucycd it, and the
Court committed them for contempt, and under
the law OF tho. United States no other, court
could revise reverse their decision. The jursdc-
ton Of tho State and United States courts was clearly
defined; neither could interfere with the other The
action Of the Judge in this case practically re-.
leased the prlsoners from Imprisonment imposed
by a State e13rt, and tended to break
down that rcspsq<3or law upon which the safety OF
society depends 4GeneraI Connor closed with an
appeal the Judge to decide the case at an
early day, az otheywise tho prisoners were released
while tho Court Wis determining whether It had urs-
dict,on. &ak
}kc,sros RESERVED.
The Judge said that he would take time to consider
the case Tho general belief Of the public is that he
WI pie.ssst.f saassWpcss and decide it for
months The practical effect OF this action is tho
the State Board, imprisoned for contempt by the Su-
preme Court released by Judge Bond and Its sen.
tence set aside.
KFFEcr.
Therefore the Supreme Court will hardly proceed Ia
require correction of the Court in the case OF the
Presidential electors, and the Hayes electors viii meet
Wednesday and cast the vote OF sauth Carolina for
him Such the effects OF writ OF habeas corpus
LOUISIANA.
THE RETURNS ALL oPEyED-CoSTINUATIoN OF
DELAY IN ACTING ON THE DEMOCRATIC
pARIsHEs-THE DEMOCRATIC VISITORS on
THE PNKsToN oUTRAoE-AN ATTEMPT AT
DRAMATIC EFrEcT-THE AFFAIR WITHOUT
POLITICAL SIGNIFICANCE.
[DY TELEGRAPH TO THE HERALD.1
NEW ORLEANS, Nov. 90, 1876.
The Returning Board opened the returns from all
tho remaining parishes to-day and all were laid over
for future consideration under Packard general pro-
test There about twenty uncanvassed parishes
this condition, all with democratic majorities The
Board will hear evidence In the intimidation
cases up Saturday evening a. four O'Clock after
which the committees will be excluded, and the vote
will bc counted and tabulated in secret session.
INTIMIDATION EVIDENCE
To-day was devoted to hearing the rebuttipg owl
denco the Pinkston outrage which was as pointed
in defence as yesterdays was in accusation. There
was no excitement, members OF tho committee and
counsel merely combining themselves to
with the result that the democrats express
in having nearly exploded tho charge, whc tho re-
publcans claim the contrary. Both Kellogg and
Judge Dibble maintained the latter view when inter-
viewed upon the subject, appear to rely mainly
upon this description Of evidence justify tho con-
tempated action OF the Board number OF similar
charges are held in reserve. and will be produced as
rapidly possible. Judge Kelley lett for home this
evening.
DrsARMISG THE MILITIA
All the volunteer military companies have been
ordered hand in their arms belonging to the State
which are being stored In the arsenal.
PSKsroy CASE.
Tho Pinkston has bcen prominent topic OF
conversation In the committee tonight At tho
democratic headquarters all agreo In believing the
supplementary outrage introduced this morning as
being oyerplayed.