davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17
Constitutional Law Remarkable Prog

Perhaps no partisan caucus that ever con-
vened in the United States, performed n
more important act than is t. be found I'm
one Of the resolutions adopted 10y the
Republican caucus held in the Hall
o. tho United States House of Repre-
ecntativcs. after the adjournment Of the
House, on Wednesday, May 49, 1878. The
resolution was unanimously agreed TO, af-
ter discussion, and may be accepted as cX-
pressing the political faith, at the present
day. OF the great Republican party Of the
country, on n question of consti
tutional law, in reference to which
the existing Administration and large
part of tho Republican party have hitherto
held different doctrine. The question is,
Who has jurisdiction over the electoral re-
turns and the political faith now proclaim
ed by the entire Republican representation
In the popular branch Of Congress is that
the Congress Of the United States has ex-
elusive jurisdiction.
This is the doctrine which we have always
maintained. at first almost solitary and
alone. but with allies gradually and steadily
increasing in number, until to-day we are
permitted to chronicle the unexpected access
zion to our ranks 81 the whole Republican
party. II there was JOY over the return of
one prodigal son. when he was again folded
10 the patcrnal bosom, what language shall
express the emotions with which We greet
the sudden conversion to our own political
creed OF so humorous and powerful body!
The resolution TO which we refer declares
that Congress alone has jurisdiction to set
tie the question OF the Presidential title.
We learn from Republican authorlty-thc
New York Tribune. founded by HORACE
GREELEY that when the resolutions were
first reported "A phrase in ono Of them
we quote the exact words Of the Tribune
attributed the settlement Of the Prcsldcn-
;ial controversy of 1876 and lS77 to the
Electoral Commission That portion was
stricken out 10y the consent Of the members
OF the committee, the caucus being Of opn-
ion that the settlement should be based on
the action Of the House rather than upon
that Of the Commission. Upon the first
resolution, rs it was finally adopted, There
WAS entire unanmity."
Thus the authority Of the Electoral Com
mission, in ITSELF is distinctly disclaimodby
the Republicans. 10 be sure the resolution
says tho Forty-iourth Congress; and this
indeed was tho Congress ON which the
outY oil settling the Presidential title
lawfully devolved. But Congress Is q
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17
JUDGE CHOATE ulNrs TO KYoW


Little Johnny Davenport Is In trouble
ngnin. This time the question is not merely
whether he shall occupy few rooms. more or
less. or be kicked out of them. or whether he
shall be invited to step down and out Of club.
1t is question that touches little johnny :
pocket He has not been able to collect his al
legged expenses and claims for his presumed
duties in tho performance OF his part MS tho
great obstructor OF elections in this city. He has
claim of long standing for the amount that he
claims rs duo him for his services in granting
warrants for the arrest OF persons accused Of
violating the naturalization laws. In the
natural course OF events these accounts should
have been passed upon hv judge Blnichiord hc-
fore his resignation of the District Judg"ship.
W. q. Chonte. had hardly become comfortably
sented before little Johnny presented batch OF
those claims amounting to about IS 900
Inc law IL very explicit. ana requires that
before auditing such accounts. the Judge shall
be perfectly satisfied that they nrc correct
Judge Chonte was by. no means perfectly salts
fled IN this ease. He wanted to know. Won
for issuing warrants when the dates were not
given. and. instead Of signing his name and
passing the bills in a bunch the Judge bundled
the whole lot back to Little Johnny, with AN on
dorsrinent to the efIert that he should require
further proofs OF IN" correctness OF tn" Claims.
This was done on Monday last. and Little
Johnny has not yet put In his further proofs
The Tact that Little Johnny WINS watched and
caught gives some color to the rumor that his
EFFORT To close M his accounts IL in consequence
OF an intimation TINT he will soon have no
iurther accounts to close MP.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

continuous legislative body, although the
terms of the individuals composing it are
limited II is always the national Lcgisla-
turc. a duty dcvolvcd upon Congress, as
such. by the Constitution, and postponed at
one session, may DO performed, and must
be- performed If the constitutional obligation
is observed, at n subsequent session.
II tho Republican resolution is right, as
we maintain IL is that Congress and Con-
gross alone Inns jurisdiction over the cleo
toral returns, that jurisdiction could never be
delegated to an Electoral Commission, or to
any other body whatever.
Go up, Republican party! Take your
place at tho head Of the first class in Con-
sttutiOnal Law!
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17
Mr.. Young of Tennessee.

Mr.. CASEY YoUNG OF Tennessee could
manifcs,ly allow good deal Of additional
light To dawn upon his mind without max
ing it too luminous. lie Is one Of the small
knot Of men in the United States House of
Representatives who labor under the de-
fusion that the Democratic party exists cy-
clusivolv for the convenience and advantage
of the South. They propose to deal in the
strength Of that party as their own capital,
and to sell it when they have an advan-
tagcous Offer as they used to sell their col
orcd brethren. Mr. YoUSG and his sympa-
thizcr5 will please take early notice that the
Democratic party decline to enter into the
arrangements or TO be sold out for any
body's benefit.
When resolution to investigate frauds is
proposed Mr.. YuUNG wants to add proviso
t. il that IT is not intended to impair public
confluence in the policy Nh, HAYES has in
auguratrd in the Southern States. Tho
southern States Away early in the morn
ing, at noon, and Mt nght-always the
southern States, and nothing else, Just AS If
they composed the whole Union.
If Mr.. YoUNG wishes TO pin the chances of
the southern States to tho fate of Mr.
HAYES, let him do so but the sooner he
energies from the Authorization that the
Democratic party will help its Southern
auctioneers TO deliver the Democratic SUD-
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

port thoy have sold without authority, the
better it will be for him.
There will be n fatal falling or in the
Democratic vote Of the North unless the at
tempt to sell out the victory won at the last
Presidential election Is defeated. We arc
not going to elect another Democratic Pres
idcnt merely to afford our nominal allies at
tho South an opportunity 20 make an adj
vantagcous bargain with his competitor.
II Mr. YorNG will be early WISE he may
save the South from II good deal Of serious
injury and trouble.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17
The Philosophy OF Hayes.

what does Doc caro- In the Presidents char
lie SIS. anI irom day 10 day
lie ruuni, Hi-i l soften -aln,.
Aui 500. iu spite 90 Az stains,
II, t.aws hlsl-
Contempt whats that' The blows fall Cat
ON hi- sutta pcrcNa mind.
ThcD ,oll, ma, prove what they please,
H. LOUNGE, AMI Doll, At A!sca
Qm,c doat ami bnud
Cons 1cucc, iulocA' Let other hearts bleed
But thistle ao,p, shut IN ease,
A'l What do,s Rutherford care.
II Doe suA can ilat President there.
lo.tn; his pay and place.
Prove CRIME and sin whatoli,' IIcsin
Oh that There's manner OF doubt
Nomattrr how had the hiw
Possession, MIN. points of the law
lie mot kicked out
nrsm-who hut hol lii motto IN "rs
And he ho,cs Zee may add, IN ,e''e
Nomaucr What any may say.
Unless ncy can drive Inn away.
lie STILLS hlc,t
What under the sun with such car hc donei
WhrnA U fn' iano,,t,ru ,uu.
ogdl.co,c. rrl .ruio gladstone
ur rci blood nom A,Al,laed bone,
hl mule has iuAl
Then Rutherford ilaycs may repent Of his ways,
But not unul them indeed
To only one principle sul
lie holds with an obstinate wall.
Ana that greet
ltif ncelml to put on the popular foot
very persuasive shoe,
T. open the eyes OF his mind
With a vigorous Kick from behind.
And that Will DO
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17
Cruelty Impossible.

Tho photograph and the telephone are
not the only very recent remarkable dis
coverics. New principles Of moral philoso-
ply are being rapidly brought to light
Perhaps tho latest Is that there Is no such
thing rs cruelty that cruelty is an impo,.-i-
hility- doctrine which, though not yet dis.
tinctly avowed, seems to hc pretty we'll
established. We may mention few Of the
facts on which the theory Is founded.
A convict in n New Jersey prison was sus-
pended by the thumbs and otherwise tor
mcntcd until he died while undergoing
punishment. and il was conceded that the
punishment FASTENED his death. Alcohol
was poured on the flesh of other prisoners
and set on fire to burn them. Yet the Leg
islnturc 81 the ancient State of New Jersey,
sitting almost under the shadow Of the col
lego and theological seminary ~ Princeton,
refused t. remove the prison keeper under
whose authority these punishmcnts were
inflicted, or to ccnsurc him; aud the Grand
Army Of the Republic passed resolution
compimcnting him for having come out OF
the fiery ordeal of legislative investiga-
ton unscathcd, His victims did not come
out So fortunately from the fiery ordeal
TO which they wcrc subjected.
one REED, colored convict in the pcni-
Tertiary at Joliet, Illinois, died suddenly.
A Coruncr's jury found that the cause Of his
death was pulmonary apoplcxy, brought on
by persistent yelling with gag in his
mouth it is to be supposed he yelled from
the intense pain and that the officials were
justified m gagging him.
These facts may not be sufficient to fully
establish the theory that there Is no such
thing n cruelty, but they tend strongly in
| that direction.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

Fo1 NJ HufistUg Prht1'.
II It shnll be rs ,ertainei that John Sherman.
IN louisiana was In completely with j. Madison Wells.
advising the commission Of the frauds by which the
electoral vote ct that state stolen. aud that Edward
Noyc- hargained with Mclin AMI others In Florida.
promising official rewards In behalf Of Mr. Hayes In rc.
turn Tor the then OF elk ctoral votes. another and more
important issue Will arise But Arst let the facts be-
asccriAnd aud pu; upon enduring record. To- that end
let the investigation Of the frauds In Louisiana and FLOR.
.la be searching and thorough
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17
LIQUOR DEALERS U.fRNED.
The Excise Inv TO he strictly Enforced by
the Law and Order Lenguc.

Counsellor w. II. Mundy OF the Law and
Order League. now that the Legislature has
adjourned and no change is effected in tho
Excise law. will warn the Excise Commission
ers to-day to cease issuing any licenses what
ever for ale. beer. or liquors to he drank on the
premises. except TO bona fde hotel Keepers
This action on tho part Of the League Is bnsed
on section 4. OF chapter $50. OF the laws OF 1862
amended from the laws Of 1857. 1t reads
All the provisions Of this act amended shall he held
to apply to the sale o ale beer except much thereof
and The commi q, c NAV rn ~, m'v
sne Of ale ~ beer Tor sum not less than so TO others
VISION. Of ,h win. e GrIPc Sc n, s'g a Inn @ H. @
except the metropolitan Police District
At the time of tho passage of this law" said
Mr.. Mundy. there were in existence the Tweed
Excise law. which covered tho Metropolitan
District, and the law OF 1857. The Tweed Ex-
else law framed in 1896 covered the Metropoi-
tan District. giving tho Board OF Excise the
right to grant licenses To any persons Of good
moral character. This law. the country people
considered unjust to them. claiming that the
privileges denied to them were granted to the
e Guy Lhcy petltioned We Legislature and the
Now" Mr.. Mundy said. tho Law and Order
League have been closely watrl ing the l.egisa-
turc this winter. Tho Commissioners of Excise
Will be duly notified to ccnsc issuing liccnscs.
md sufficient time given them 20 comply with
the law Should they Violate tho stntiltcs w,,
will immediately cause their arrest and tost the
cnse. We will also arrest some one holder IL
thn license issued and prosecute him with the
ingale or beer. This action will be bnsrd on n
violation OF section Of the law Of 1851. Tho
Law and Order League do not intend to rclny
one ioin in their prosecutions Of any violations
OF the Excise laws, and all liquor dealers and
saloon Keepers will be prosecuted. and every
bona fdo hOtcln
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

Things are looking up along tho limo Of
the Erie canal. A Buffalo correspondent writes
that there is moro freight there than there arc
boats TO carry il. and that the prospect il en-
couraging The Hon. HoRATIo SEYMOUR in
recent letters. has predicted that with liberal
policy and Judicious management the canals Of
the State may be- restored to their former pros-
porous condition. The reforms brought about
through the breaking up Of the Canal Ring are
bearing fruit.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

The Frccmdn's journal Of this city has os-
tnblishcd n weekly cable telegram from Rome as
ono OF its regular features. "Thcspccial value Of
this cable communication" says the He7ndn's
journal. =" is not for transmission Of news but
to be sure that by ordinary kilograms or by
cipher we may know II any strange matters oc-
cur at Rome" This would seem to indicate that
in some quarters there is an expectation that by
military or revolutionary methods the Italian
Government will presently DO expelled from
Rome. and the Church will regain the States OF
whose temporal government the Pope was dis
possessed in the year 1871. Such ncws would
be interesting. whether received by cipher or
otherwise.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

LYDIA SHERMAN's life sentence terminated
in tho State prison Of Connecticut yesterday.
Her diabolical numbering of three husbands
and seven children. her deep. low cunning in
cfrcc,ng her escape from prison after she had
served four years of II scntcnce for life. her
adrot conceamcnt from the officers Of the law
after her escape. and her unblushing confess
sion OF her atrocious crimes. will carry her
name into tho criminal calendar ms that OF n
monster.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

II by substantiating n charge OF fraud like
that tho people o the United States convinced
fact that an individual occupies the Executive chair who
has M right tou then 1t will he upon the truth il,cl
and not upon party acton. that their deco
ins condemnation will rest The consequences must be
leit 10 take care OF themselves
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

No attempt IS made To- disguise tho fact
that the steamship City Of California launched
yesterday. has been purchased by tho Russian
Government. and is to be lifted as II war vessel.
II is reasonable TO infer also from the presence
OF SO many Russian. officers that other similar
purchases are TO be- made. Meanwhile the Lon
don Times thinks that England has nothing to
fear from these cruisers. and predicts that they
are more likely to fall into the clutches Of her
Mnjcsty's men-of-war than to do damage to her
merchant marine.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

JONI SHERMAN snys that he went TO Lou
isiana in 1876 in the interest of Truth and
Justice" that while there he didn't do ANYTHING
wrong; and that he isn't afraid Let the Demo-
cruts do their worst; he denes them. Al the
same time he doesn't see any public neces-
sity" FOR the proposed investigation. and re-
cards 1t as inconsistent with the public peace
and welfare Personally no doesn't care. but
his heart hleeds for the country.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

The siX-yoars' litigation between the MillGGn
nni llis-in, ulur Company Of Sew York and George
pion o Boston has been doced by the supreme Court
Mt Washington in avor NJ Upton The company sued ON
patent under which they claimed the exclusive right
to manufacture and sell rul,erilei ground glue or
gclaine The Court has decided their patent be
tt,xa
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

Pastor NosBURGH $ trial is attracting at
tcntion. Clcr@ymcn flock to the Jersey City
Court House from all parts OF the State, and
lawyers and other professional men minele
with the througs that daily listen to the tcsti-
mony. Pastor NosBURGH Is q Baptist preacher
and the accusation against him is that he tried
Ia kill his vito by giving her slow poison. adj
ministering 1t to her in medicine and drinks
Tho chief testimony against him. thus far. is
that Of the wilos brother and the physician who
tried to euro her. They say that after their
suspicious were aroused they watched Nos-
HURGH. and pr, served some Of the beverages
into which he had been seen To put white pow
der. This, upon being analysed. was found to
contain anthony. Their testimony was some
whAt sustained yesterday by that OF members Of
the household. The defence urge that they will
be able 10 provo that the brother labors under
the delusion that an attempt has been mado
upon his sisters life. and that satisfactory
reasons for the physicians course and for tho
presence Of the poison can be given.
Ii Is to he hoped that Pastor VosnuRGH will
prove his innocence. Yet. thus far, the charge
Is strongly sustained,
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17
Democratic shirkcrs In the House have a
bad time OF 1t in these days.

HAYES personally Is Of no account. As the
Times says cvcnrRcpubicans care little" for
him. and. ms Mr.. CHARLES FRANCIS ADAMS re-
marked. he is A" very weak man; = hut,hc prin-
ciplc remains that Fraud should be punished.
and the lot OF q usurper in II free republic made
intOlcrablc.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17
There is now an issue in politics which
deserves the intorest Of thinking mon

The bequeathing of fortunes to charity
has not been so common Of late years ms IL used
70 be- Nevertheless. Commodore GRAHAM.
whose will was proved Yesterday. disposed Of
his estate In n manner that recalls the old times
OF generous giving. After bequeathinc To his
wife half Of what he possessed. the remaining
slj0,00O he directs. is to bc distributed among
charities and church organizations. chiefly Of
the Episcopal denomination.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

What ALEX AMBER II. STEPHENS wanted to
do in the House yesterday was to make speech
Ia favor Of voting down Mr.. PoTrER's demand
for the previous question on the pending reso-
luton. and OF allowing HALE. GARFIELD. Cox
GER. and tho other Republican leaders to load
this down with all the so-caled amendments
they might be- able TO devise. Had he succeeded
IN bringing about this result. there would also
hav" been an opportunity for the bringing for
ward Of another nmcndmcnt-to Wit. decara-
ton that. no matter what frauds are brought to
light. HAYES shall not be disturbed in the enjoy
mcnt Of his stolen office.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

No man with a sparkle of sense cares
whether the name Of our President ia TupEN
or HAYES hut every man who is honest wishes
TO see the President the people elected in the
White House
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

On the motion to adjourn in the House
Yesterday. the Democrats mustered lil votes
or within Of "A quorum-and one Democratic
member. Mr.. lEoroLD MORSE OF tho Fourth
lla-snchusriis District. voted with the Rcpub-
Leans. We trust that this vote does not mem a
purpose on Mr.. MoRsE's part to desert 10 the
camp ~ Fraud. He is Bayarian 10y birth. and
has horne u good reputation rs tradcsman, II
would be pity If lie were now to smirch 1t by
becominG u Hessian IN politics.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

That Brazilian steamship subsidy job re-
appeared in tho Senate yesterday. MAxEr OF
Texas acting us sponsor.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17
It is remarkable how all the HAYES papers

join in condcmning Mr.. PorTER's resolution rs
iniudicious and damaging to the Democratic
party. They would seem TO have the most ten
der regard for the welfare Of the Democracy
and their views must produce n very great i'm
preston upon the minds OF earnest and expert
enccd Democrats everywhere. Only tho other
day the same journals afforded the most posi-
tive Information that no such investigation as
Mr.. PoTTER proposes would ever be set on foot
by any Democratic representative
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

WALTER LEAK STEELE, who voted with
EuGENE HALE yesterday against ordering the
previous question ON tho POTTER resolution.
was elected TO the House Ms n Democrat. Ho
misrcprcscnts the Sixth District Of North Caro-
lima. His most conspicuous previous appear
anee in public was As Secretary Of the North
Carolina Convention which passed the ordi-
nnnrn II snrnssinn.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

Senator BUTLER of South Carolina has an
elaborate scheme for Mixed Commission TO
investig gate the army and report Ia Congress at
the next session what reforms are required.
The reform most urgently needed is the i'm
mediate reduction of the army 10 10000 mon
and that can be carried out wthou, waiting To-
hear from any commission.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

This line for less than 81 600 a year. does the
work which MiDDELL recommends the GOV
eminent to pay RoAcH hundreds Of thousands
for doing. 1t carries the mails to the satisfar-
tion of the department, and fills all the require
m"nls oi our commerce. with Brazil. 1t docs
not ask and cannot ask subsidy fori, is owned
by British subjects. The same ialsehood wns
repeated in senator MAXEl's report, which
said: ." The passage Of a steamer direct from
tho United States to Brazil is now unknown"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

Why single out Mr.. HAYES as peculiarly md
unspcuuusy feeble IN his moral perceptions f-Ni9t
Because he keeps stolen goods. knowing them
10 be stolen. Because, moreover. he was II party
to the original stealing.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

what should have been done at tho outstnrt
thought is better to mako virtue OF necessity
than not to be virtuous at ALL
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

WILLIAM ALMoN WHEELER, the Vice
Fraud. eyhorts the House Republicans 10
stand firm" He also expresses the hope
that this experience will euro HAYES OF his
fondncss for Democrats.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17
This Is very bad timc for Democratic
members Of the House 10 be taken III.

The beautiful W. X. ROGERS is asking tho
Senate Committee on Appropriations. in
HAYEs's behalf, for moro money than the l.egs-
latiye Executive, and Judicial bill allows for
the White House. This shows that W. X.
RoGEHs learned in childhood tho inIunrton To-
make hay whilo the sun shines. and remembers
ii now that clouds are rolling NY the sky.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-17

Tho nttempI 20 saddIo The pr0poscd sub
sidy for steamship mail service between this
country and Brazil upon tho Post Office Appgo-
pration bill having failed. Mr.. EUsTIs of Louisi-
ana now brings 1t forward rs an independent
measure. standing on its own merits That Ia