The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-02
REFUSAL OF JUDGE WOOnS TO PERFORM.
Feeling Of Conservative Members on the
Electoral Question.
THE OFFICE HOLDERS DEMONSTRATION
A Story in the Interest OF Civil
Service Reform.
FROM OUR SPECIAL CORRESPONDENT.

WASHINGTON jan l. 1871
PROPOSITION TO REPEAT THE SOUTH CARO-
LIMA AABEAs CORPUS PROGRAMME IN
FLoRIpA-REFUsAL OF JUDGE WOODS TO Ac-
CErT TIE Posr-DIsGUsT OF HONEST RE-
PUBLIcASs AT THE EVIDENT cHIcANIRY IN
THE EvERGLADE STATE
There Is a story In circulation hero resting
70 far AS can be ascertained tonight on only Incl
lentai proof, but OF such tho pub
hcation. 1t is said that several members Of the Cab
net some days attempted to get Judge William d.
Woods OF the United States Circuit Court,
TO go down TO Tallahassee. opeL his court
and prepare to repeat there the programme which
Judge Bond carried out in Columbia with the Return
ing Board aud the State Supreme Court Report says
shat Judge WOODS ordered or required repeatedly
10 this but firmly refused, aud 1t Is believed that
his refusal has embarrassed the republican operations
In Florida aud iorced change in the Florida pro-
gramme. Judge Woods is the Circuit Judge Tor the
crcui: embracing Alabama and Georgia. The
District Judge for tho district including ITALIA
hasscc, is dead. The District Court met there
tho first Monday In December aud opens
again ut Jacksonville the first Monday in February
and Judge Woods has declined to 90 down before
then. II he should. when he opens court at Jackson
Vile, summon before HIM tho officials who pressed
him to go down and order Thorn TO show cause why
they should not be- hold in contempt Of court, there
people here who believe he could make 1t unpleas
Ant for them. Tho statute defining the powers OF
United States the writ habeas corpus
declares:--
.'The several justices and judges OF tho Supreme,
Circuit and District courts within their respective
Jurisdictions shall have power grant OF habeas
corpus the purpose Of inquiry into tho OF
the restraint OF liberty" but It Is added, thc writ OF
habeas corpus shall in no case extend TO prisoner IN
JAIL unless where he Is in custody under by color OF
She authority Of the United Statcs or Is committed
TOR trial before court thereof,
Is custody for act doue omitted, In pursuance
Of law OF the United States, of order, process
decree OF court or judge thereof or Is in custody
IN violation OF the constitution or OF law or treaty
Of tho United States"
There Is reason believe that the republican
trcmiss making very desperate efforts to prevent
ami full count in Florida, and the hints flung out
In prominent republican circles here that there
may DO riotILg and fighting in Florida
suspected in some quarters to mean that
tho republican leaders mean TO bring rotous pro-
ccedngs II they find that they can IN other way
prevent an honest count. Senator Conover secretly
oil for Tallahassee days ago. and supposed
have arrived there day. Tho republican leaders
here grumble at Mr.. W. f. Chandler, because he has
replied General Barlow's letters about Florida.
Barows letters Mr. Chandcr's silence and tho efforts
which have been made by the republicans t prevent
rccanvass OF the Florida electoral vote
cite both suspicion and disgust in many
republicans here, who hold that their party cannot
afford to gain by tricSery evasion that having
possession OF the State government and OF majority
Of the Returning Board and having
agents down there to manage, there Is
no excuse far attempts to- evade the fullest
Investigation; that, the contrary, tho honor
Of the party and The safety OF the country compo
missed by such acts. 1t is not forgotten here how the
South Carolina vote was hugger-muggered and Cham
bcrlain declared elected, though now prctends
10 believe that he got majority; also that the Florida
Returning Board declared Stearns tho republican
tidate Tor Governor, elected whereas, recount
shows clearly and to cverybody's knowledge that
Drew was chosen. Returning boards thus detected
fraud cannot these republicans say afford conceal
anything, ana the party afford 10 oven seem
TO be dishonest or dsingcnuous. ''rhe men VINO
do that play with the safety and peace
OF the country said such a republican in
conversation to-day. at Is criminal III the highest
degree, aud would fix disgrace the whole party It
were to be tolerated Congress-" he continued, twin
have something to say this matter II IL Is made
clear TO the satisfaction OF tho honest men OF both
parties. Tho republican party cannot afford and does
looks like fraud"
YELLING OF CONSERVATIVE MEN OF BOTH PAR
TIEs-rHE IMPORTANCE OF HAVING THE
POLITICAL QUESTIONS AT ISSUE SETTLED
BEFORE THE 18th OF FEBRUARY EvPEcT
OF THE PRESENT UNCERTAINTY ON THE
BUSINESS INTERESTS OF THE COUNTRY
There Is a strong and growing desire among
vatvc Gu OF both parties here that between and
the 18th OF February the day set law Tor counting
the electoral vote. the two houses shall TO an
agreement AS to the actual condition OF the votes IN
ll the Statcs-Souih Carolina, Florida, Louisiana and
Oregon that the JOINT committee shall agree upon and
report only general rule for counting the votes
but specific directions regarding all the where
otherwise the joint meeting would have TO decide,
and that thus, the business being really agreed upon
beforehand, the proceedings IN the joint meeting shall
be formal only, as they have almost always becn 1t
Is urged that such u policy has been almost always
adopted on prov ious occasions; that In ono
case Mr.. Clay, and in others Other
members urged II Indispensable, because tho
proceedings JOINT meeting necessarily cunbrous
aud because 1t Is customary that the JOINT mcctin,
shall adjourn until II has completed the count II
is easy TO the justice and Importance OF this
Congress will have SIX weeks from the ID OF Jan ary
IN which to discuss and prepare the work TO be done
In the joint Convention This rs abundant time. Al
tho Southern committees Will report mex. week. Thc
facts and conclusions ought to enable fair and homes
men OF tho two parties to come to lair and homes
settlement.
Tho question whether tho houses or the Vice Prcsi
Cont shall count the vote will be easily decided Tor oil
The prcccdcnts aud discussions pon, IN ono direction
ADD show that the Vice President has no power IN h
premises and tho two houses nL The real question q
be decided, ana which ought 10 be settled
prominent men OF both parties here agree, are wha
shall DO done with the votes OF FLORIDA louisiana soutl
Carolina aud oregon and these questions they say
DO decided either IN tho Joint committee, or, bette
yet after discussion b. both houses, but before th
day of counting In fact II Is feared by
legislators that they cannot be settled at all when tn
lo,nt convention has begun It's labors that boil