The New York herald., 1877-02-03
JUDGE MILLER's VIEWS.

! MR. cURLEY THROWS SOME LIoHr ON THE
DISPUTED LErrER--HE DECLARES HE HEARD
1T READ BIZ JUDGE BALLINGER LAST DxcEM.
BER-How 1T CAME UP.
NEw YORK, Feb I, 1871.
To THE EDIroR HERALD:-
have and heard read q letter from Judge
Miller on the political situation, which suppose is she
mentioned by your New Orleans correspondent
because my recollcctons OF the time place aud cir.
cumsances ofhs letter coincide very nearly with the
well told story in your issue OF to-day.
THIS LETTER SECRET
at least | should Judge not-because n
read to by Judge Millcrs iriepd and
relative, IN tho presence OF Others, without tho
slightest intimation that II considered as con-
ndcntiaL ! soc neither hardship harm in publicity
ut the present time, and II my
coRRoBoRATiyE HEcoLLEcrIcys
are OF any value 10 your readers have compunc.
tion In giving them.
am author, an extensive traveller l havc
long bocn connected with English journalism, and
was in Galveston in December last on business con.
nccted with my profession. While there had occa.
sion to call upon Colonel Jack, gentleman OF high
standing, formerly OF tho Confederate army and now
a member OF tho Law firm OF Bangcr, Mott Jack
Tclesraphic then fresh to hand Informing Us
in detail that Governor Grover, OF Oregon had
given a certificate to
cRoNIS AS PRESIDENTIAL ELEcron
In tho place of Watts, whom no had declared inclL
gble; that he Ind made Cronn tho custodian o! tho
certificates Of the two other persons whom he admit
ted to DO duly chosen; that the certificates Of their
election had been withheld from these persons and
tnst Cronn, assuming 10 judge their conduct, had
declared their places vacant, had appointed
others in their stead, and with thcso persons
had assumed to cast tho vote OF Oregon. A lawyer
called in, congratulated tho gentlemen present on the
welcome ncws, said that he thought the republicans
wcro thereby chcckmatcd, and itnmcd cdatey withdrew,
had not yet formed definite opinion on tho lcga,
and moral aspects OF tho whole contest had inter.
csts which would probably bc favored by tho quict
election and Inauguration OF Tilden, but found at
oncc a decided opinion adverse to the democratic
clam5 in this oregon case, and In accordance with my
usual irankness, was not slow to gvo It ut,crancc
therefore took occasion to express the deepest pain
ana regret at the proceedings in Oregon and Colonel
Jack said that tho Governor had clearly acted in
judicial capacity In giving the certificate to Cronln,
and that his action was undoubtedly taken alter the
most careful consideration OF tho legal as.
poets OF tho question. intmatcd grave doubts
whether Governor Grover had any right
to assume judicial functions in tho case.
and continued by stating that however this ght be-
he clearly bad right directly or indirectly on any
pretcnce whatever, TO withhold certificates from those
whom no admitted TO DO duly elected The conversa-
ton became animated, though very friendly, and |
characterized in tho strongest terms what consid-
cred the usurpation Of Cronin in assuming by
himself and instruments OF his choice tho whole eec.
toral vote OF the State. My ntcrlocutor admitted
that the case was not morally dcicnsible, ana ex.
pressed the strongest confidence that Mr.. Tdcn would
not think OF pronting by IT, excepting in SO lar as II
gave tho democratic party
CERTAIN sTRAGEric ADVANTAGE
by compelling tho republicans to 80 behind tho re.
turns maintained tho position that what is just and
right always the rucst cxpcdoncy. while the Colonel
argued that II is sometimes allowable TO eight the
devil with fire." At this point Judge Bangsr Joined
vigorously in tho discussion and by way OF strength
cning the position that tho party vertaby
q hydra-hcadcd monster,
MULTIrUDIyoUs DEVIL,
In dealing with which should be too nIcc about
weapons, he produced and read letter. which, he said
was from Judge Miller, Of the Supreme Court OF The
United States; and II seemed to me that no other
way could he have presented his case SO we'll An
eminent judge, we'll known for his affiliations with the
republican party, cannot be supposed visit with
the sevcrcst ccnsurc from long and dcep seated preu
dccs from hastily formed opinions, and therefore,
the vigorous and inc:svc language Of the letter. with
| its points well brought out the reading had mos
toling effect.
uu not cnargC my memory Win the contents O
tho leter, Tor tho Electoral Commission then un
thought Of and It has only lately become matter oi
very special interest and importance. Nevertheless,
MISTAKEN
as to Its scope and general tenor for my recoections
vivid and the circumstances detailed above for.
| bid any serious error in these respects.
THE EMINENT JuRisr's OPINIONS.
remember that tho eminent writer alludcs to
former differences Of political opinion and nmatcs
that he is-nt The time OF writingn full accord with
his Texan correspondent tho great poitcai issue OF
the day. He follows this up with strict on
the prevailing rottenncss and corruption, and he
dwcs tho mis- OF tho South through tho
long continued misruo Of the carpet bagrers and their
| ignorant and vicious allies. Hc asserts that under
these circumstances, IN the desire for a change and
TO better condition which, In many respects, and
especially IN somo parts Of the country, had become
| well nigh intolcrablc, In the due oil theD
rights provided In tho constitution and laws,
| Tng PEOPLE HAVE CHOSEN TiLDES
for President, that sooner Is this evident than
a conspiracy Is hatchcd to thwart the popular Will by
manipulating aud cooking the returns from sufficient
number OF down-troddcn southern States to reverse
tho result His scvcrcst cpthcts reserved for the
officials Louisiana. have barely indicated the gen.
eral purport OF tho letter as l remember it,
| For private correspondence II Is o long one,
YET brstlcs with points conciscly put, and its lan
guagc lorciby reminds OF some Of the uttcranccs Of
the eminent English jurst Lord Chief Justice Cock
burn who is probably beat known this side OF the
Atlantic from his connection with august and high
tribunal that settled at Geneva In n sensible
questions which, involving as they did tho friendly
relations of tho two great branches OF the English
speaking race scarcely less important than those
which In tho hands OF that special tribunal at
Washington In which Judge Miller must necessarily
take rank as ono of the most important M nm bers.
Without attempting to do full justice to Judge
Mllcrs letter. am pleased to be thus able to bear wit
TO the accuracy OF your New Orleans correspon.
dent In essential facts and trust that its entirety
THIS MIssfvE WILL nE MADE PUBLIC
presume that the dcnias of a diplomatic char.