Chicago Daily Tribune Newspaper, June 5, 1874, Page 2

2 . . THE CHICAGO THE ILLINOIS CENTRAL. Shall It Sell at Auction the Re _mainder of Its Donated . .Lands? Roply of the Respondents o the Pe- tition of (he Attorney-General for a Mandamus, ——— Tt Ts Oloimed thot the Lands Are Plodgod for the.Payment of Bonds, To Force the Salo of the Lands Would Impair the Obligation of a Contract. And Result' in Disposing of tho Property at Ruinously Low Rates. Which Has Been Done in the Way of Selling the Land. Experionce with Auctions, Ol tho19th of January, when the Supromo Qourt was in scssion at Bpringflold, Atty.- Gon. Edsall flled o potition for n mandamus sgninat Morrls Ketchum, Samuel D. Lookwood, ond John M. Palmer a5 Trustoes of tho lands of tho Illinois Contral Railroad, to compol thom to goll tho land still-remeining unsold of the origi- nnl grant to them _as such Trusteos, The poti- tion was published in extonsoin Tun TRIBUNE at that thno. As tho subject matter of this mondnmns ia one which bas on soveral oceasions boou the sub- ject of logielativo, action, and as the subjoct is of great importance to tho poople ot largo, wo ive in full tho answor which was flled at Mount E’omnn day boforo yostorday. The answer of Morris Kotchum, Samuel D, Lock- wood, aud Jobn M, Palmer, to tho petition filed in eatd Court by the Aftornoy-Genersl of fho Btato of Titioln, praying for a wt of mandanine agnin thiem a8 Trustees of tho 1linols Contral Railroad Come iy, ; P tso respondents aunworlng, sy : That 1t 18 trua {hio Thinots Central Tuflrond Compoby was organized at tha time, and fn tho manner, and under and by vir- futoof tho law apecliied fn_sald potition, and that said Company uccepted aaid charier, and ofganizod vnder 0 kame. Tt {8 nizo truo that the Governor of the Btate of Tl nols di, on belinlf of the State, at the time and fn tho mouner stated fo safd_petition, convey to #aid Com- pany the lands §n wald petition referred o, for tho ‘purpose in said petition tet forth, It i also true that saiil Company, at il samo tima oseculed and_dolivered to Morrly Kotchum, John AMoore, and Samuel 1, Lockwoud, the Trustoes numed fn 6ald “Act to Incopornte tho Hllindis Central Rail- Toad Compuiy,” & deed of trust, o8 stated in snid poti- tlon, upon fLa property in sald petition specified ; tho rposen of il Arel being Saprossed and deciared T vhid deed, aud being dn conforanity to tho proviulons of e ifleentl: Aection 0f tho sald act of incarporntion. Theso respondonts, howevor, deny that sald rajl- road and dts branches'wora comploted on or beforo tho 27ih day of Seplembor, A, D. 1856, but on the con- trary uver that sald road and brauchiee wero eomplele wunder the provisious of the said act, that fe to eay. the main, or cantral, Line, from ihe City of Calro to the eouthern'termuntlon of the Tiinols & Michignn Canal, ond cxtonding (hrough the Conntfes of Aloxander, Dulaski, Union, Juckson, Perry, Wanhington, Marion, Fuyette, Slclby, Macon, Dowilt, AleLenn, Woodford, Blarshall, and into the County of LaSalle, the brauch tliereof oatendiug from snld Southiern termiuation of sald Illinofs & Michigan Canal to the City of Dun- Jeltli, n point on tho Mississippt River, ud running {lhrongh the Counties of LaSalle, Leo, Ogle, Btophen- son, aiid 300 Davices, Also tha Uranch of sald road ostending from Branch Junction, in the County of Marion to the Oily of Chiengo, and through tho Qountles of Morion, Efingham, Cumberland, Colen, Doglas, Champaign, Ford, Troguols, Kaukakee, ‘Wi, and Cook, &il in safd Stato, ‘Thiat nithongh snid road snd said branches wero not completed tiil October, A. D, 1857, sot more {hon e enrs huve olapsed sinca ruch completion, and he commencement of this procecding. TIE LAND GIANT, ‘Further answoriug, respondents say that, undor tho provislous of tho act of Congreus, in tho potition Yo- ferred to, every alternato section of land of even putaber, r5% sectlons i width, on each side of sald- road and o hranches thereof, oxeept such soctions un diad lieun proviously sold Ly tha United Blates, ox oy Lo which pre-eption rights had attachod, by Vir- tug of which tho promises became vested in eaid Trustces and {helr wuccossors in offices and {lint in Heu of suicls alternnte sections 28 had heen Aold by tho Tnited States, or ni to which pre-emption rights had attached, other lunds were in pursuance of suld act of Congrens selocted, and thereby the titlo tokuch other Tands was also vested fu safd Trusteen and thelr suce cessors fn oflice in {rust for tho uses sixd purposcs de- clared tn eald deed of Lettst, Tespondents furiher gay it 18 truo that fhe twenty-recond seciion of mald ¢ Act to Iucorpor- ale fho Illinos Contral Inflrond Compuuy,” cotafns the following words: “Tho - lada selected wnder euld act of Cougress, and hero- Dy euthorized fo bo conveyed, shull Do axempt * from all tuxation under the laws of this State, unti #old and convoyed by salid corporation,” It i alwo true that tho seveniventh wection of sald ack alko contalus a provision in thuso words, to-wit, : “And all Jauds romnioing unsold st tho oxpiration of ten years ufter tho completion of sadd_road and brauclies Whall be offered ot public snlo anuually, until the wiiole sl Lo digposed, und tho avalls ‘applicd to tho payment of 1o outatauding bouds of the Company an ufareandd, or if nosuch bonds bo outstanding, said avalls shall be paid to sald Company.” Tt 41 nlso true thint John Moore, numed in sald peli- tiou, departed this lifo in A, D, 1866, snd that on the 15 day of Octobr of said year, respoudent, Johu M. Palmer, was appointed Trustee in his stead, and thot wiuco mild time all theso respondents have beon, and Lol nro, the Trusteas 0 whorm the ttlo to tho unsold poriion of sald lunds now veste, Fliose respondunts alicgo tho truth to bo that said Company having determined to fusud construction. Tonds o the amonnt of $17.000,000, for {ha purporo of ralsing money with wh to construct said road, us therennto nuthorized by sald act of fncorporation, and in order to sccure the payment of maid bouds, suld Compauy, on tho 19th day " of Boptembor, A, D. 1833, excouted nud dolivered to tho otiyiual Trust nped aforeeald, & cortain morigage on alt tho st tlons, depots, bulldings, roadways, oud engine-loures of sald émnpnny. and isoupon two miliions of ncres of the lands donafed o them ae aforesald, ‘That sald lands were, by the terms of sald mortgago, to baselgeted by the sufd Company adjacent (o sutd road aud its branches, und Tlsts and sclodulos thersof oved; thut, by (he further ferms of puld mort- o ‘tands” fliorolny inortgaged wera roquired to selnssifed into four cligses, nud minimum rates of valio placed on cach of suld classes, And it wan further provided that the nclllng price of said lands ionld, i 20 case, boless than tho minlinum rutes so xed, op) B IERUING TONDA, Tespondents furtier nver that sald Company did {naue, nrgotialo, sud put fu clrculution, construction honds, {0 the snid smonut of $17,000,000; sald bonds belng 'made puyable {u A, D, 1875, with 'Iutercst at 7 por cont per annin, payable semi-auiuolly, and with ho couditfon iucorgoraied theroln thnt said’ Compauy shotld Luye tho Tight to tuke up sud ‘aativfy enlil bouds, or any of them, ot sny timo beforo muturity, by paying the principal and juterest {lereon, with %0 er cent additional, as a premium, And tho procoedu of said bouds wero ised It construoting and cquipping eaid rood o its branclies, That said_honds were duly classificd, ond lsts and schedules thercof madoand approved, nnd that ull £ald bouds wero k0l for yulue, aud the money obtained thevoou on o fali-of (h' socurity created by the morigage fors Seckngndunta furiher aver that Morrls Xotehum, Jolia Moore, nud Samuel D, Tockwood duly nceeptod e truet created by sufd Trust-deed oud #nid niort- guge, and cnered upon the dischargo thereof, Ti8¥ LAND DEPANTAENT, Tesyondents further show that suid Cowpany, being naxious to disposo of eaid lands, did, i A, D, 850, e5- abilol an s over yet maintuhied, » lad dopart- ment, for tlo solo_pirposo of advertisiug aud solling vl Jundis us soon n8 posaiblo und to’ tho bost advan- taige; that sudd Compouy hins been ut all times o auxious to sell and dieposo of all aid lands, that, in folil your 160, aud from thence hitherto, it han eatal- Nshoil and mdiutained un fmmense number of agun- o, 1 ndditfon o sald lund_dopariment proper, for the 'negatfation of sules of snid Junds s aucl han ttow, and hae hud for yeurs, such ogoncics at Clileugto, ) uste of ‘o winnota {mruon of sald Iands, snid roquires £ndid nonta fo neqotinte Aales, and to do whnt thoy can tofacilitato tho dlsposal af nald londs Sl Compmny alng. wow_ empio threo 1nd oxom. . “Anorm il threo imber-ifonis, oll of Wliom a0 au- gaged fn trying to sell fanila, , LANDA ROLD, Thoso vespondonts furthor nver thk, by tho torma of an act of the General Assoubly of tho Rfato of Tlfof, approved Fob, 99, 1654, ontltlod & An act {0 aniond an act fugorporafing tho {ilinols Contral Raflroad Cotne pany,? anid which amandmout was nflorwards accopted by & esoluition pssed by tio Directors of sold Gome piny, and neled tipon by Anld Gompany ovor ltico ; fo 1nel of Boo, 10 of th ot of Hncorporation afarcrald ne required fald lands o bo aolid for aasl, or the Lonts ar sald Gompany, waa ropanled ; and 16 was furiher, provided thnt nald Iands might Bo nold on ek exedly an might bo deomod expodiont, proyided no :on'l!{- atico of tho tla of any such lands skould bo mado ikl the wholo purelinse-monoy thercof phould bo ald, eftlier 1u cash or tho bouds of said Company, Aud rovpondents stato that, under tho powor §2 con= forend, o very largo quantlty of said domated lsuds Lisa Lout 4ol on long erma of aredit, and in mang in- alnnees wual porioda of credit hovo nob yob oxjired, -nld‘ largo sums aro duo auid Compauy for landa 8o Rold, espondonts, furtlier answeriug, boglning B:"‘Innunry, D, 1679, all snid donatod Inaidla lind beon sold, nxo0pt about 477,487 aczes and o fov town lota; and sinco that lime, ana up 1o Jn, 26, A. D, 1874, such ndditional quantity hna beow 6old tha tlierd now romaing of tho aald donated londs about - 323,427 ncres unsold, and fow town lots, 1" And respondents furilicr atato that, since tho ox- ocntion n'l safd mortgoge, sald Compauy hns paid off and discharged & largo amonnt, to witt $13,005,600 of tho. construction bouds aforesald, Joavivg still un- ratinfiod and outstaning, $4,004000 of sald Londa ¢ {liat in ordor to take up hio bouda so discharged, and to remova tho llon thoroof from tho lauds aforceald, Uliin renpondent w8 compoticd to pay, nnd did pay, (o wunu of $1,493,072.99, uich sum befg tho promium 020 per ocut'on & part of tlia Londs 8o taken up and dlscharged, “fint tho nusold portlona of satd lands aro still ‘mortungall to socuro tho umount of said unsaUalod ‘bouds, and sall bonds wil not mature {ill A, D, 1875, 88 aforesnid, ray that, up to tho ZFFORT TO AELL AT AUCTION. A | 'And respondonts show furthier thnt_sald_Qompany, doslring £o dlsposo of gald Iauds as rapldly as poesible, did, in tho year 1871, by permiesion of respondent, ndvertine al thio uuntid portion of waid e Mo 116 1mnin lino of sald rond north of tho Torro auto il rond agn pouth of Mendota, for aalo at publio auction (Bt {ho soveral atations of sall Company noarest sald Inndw, That sald Company causod Hsta of snfd lands to be propured and publishod, and nmplo notice of puch pafea o bo gived, expending argo surus of monoy in advertisiug ead lands. That,aithongh eald lance woro, from_thelr ltuation, much moro valusblo than tho Ilka quentity south of said Terra Hnute & Alton Itaiiroad, and wers nmong the best of said Iands thon unsold, snid Company found it impossiblo ta acil safd lands At tho minimum pricoat which sald lands woro to bosold, nccording to their classification under tha terma of safd mortgago. That sald Compnny, in June, A, D, 1871, did_offor for m’lh!l aud #oll at auction, all (ko unsold ‘lands be-~ tean Taua and Mendota along tho main lne of sald xond, That, although full nnd smple publionotico was givon ofuclisalen, tud tho o woro lold at cigbt of ihe afations on '#ad lino uoarcat tho lnd sold, yet eid Company could_not, and did_ not, obtain more than 5,47 per acro for oll Aaid 1auds on an avorngo. . “That in March A, D, 1673, sald_Gompnny offored for silo st pubo auction ll {1 nusold portions of sald lands Ising in Jo Daviess, Carroll, nnd Stephenson Countice, at & minimum rovaluation mado by campo- font nud disintorested men. it alliongh aid sales raro thoraughly adeetisod 1n advauce, said Company could not obtain mors than £5.24 por atre for & parLof tho londs offered, belng tha il only portiony sold at such anles. * And respondonta sny that, 0t tho soveral auction sale aforesnld, ruld Compsny conld not, and did not, obiain fuir or Toasonnblo. pricos for sald lands, althotgl (o samo wero offered fn amall quautities to 'sut purchos~ ors; and did not recelve bidy therefor equal to the nuinipum prico ot which tho exld Jands wors clasailed in snldd mortgago, And respondents, in fact, soy that for sovers! years at 1t as Leen, and allil’ 18, Impossiblo, an oy Loe fove, to mell maid lands, oF any substuntial partion Hhestof, ot amything Lo olr or reasonablo prices by suction. EVILS OF A FONOED BALE, That a Jargo parl of said lands are worll much moro than €2 per nere s but, F tho wholo quantity unsold, or any largo; portion thercot, bo forced upos tho mare Lot ui the rate of £3 per ncre, thio reauit will be that thio otiolce Jonds will Do sold at thit rate, hoing worth much more, aud the inferior qualitiea of tho sald Iands ot be okt at nll. S Ttespondents farthor state, upon bellef, that, i safd 1ands ore forced to sule at onee, nt nuy vrive {Lnt can ‘e obtalned st auctlon, not less than §3 per uore, the result will bo that many who have Lerotofore pur= clised tands from sad Compauy on credit will abandon sald londs and throw them back upon rerpondents, ns itwil Vo cheaper to purchnso other lands at siich forced salo than to complete paying for lands already pirciseed and pary pntd for, i Company 8 80 desirous of disposing of said uneold Tonds, anid theroby svolding tho great. oxpenso of fta Juna department and Jind ogencles of vatious kinds, 1biat, on tho 20th day.of April, A. D, 1873, suld Com- oy, by its Prosldont, cxocuted o conditional contrack il beetutn partles pposed to bo fally yespousibie Dy which Batd Company agreed to soll ail tho wnsold portions of eald laud Iy south of tho Terre Ilaute & Alton raliroad, and comprising ninc-tentha of tho ‘wholo quantity, st $3,60 per acre, = “Ehat eald Company and theso reepondents well Toped to have thus substantiully disposed of nll sald Janids, but the great money panto and other unforescen cnnses, provonted the consummntion of Baid contract, which Was to have taken placo on the 1at day of No- Vember, A. D, 1875, : And thesp respondeats, thereforo, eay that they have continnously ofered said donnted linds at publio xale, uy required by the said aob of incorporation an mnu:'d‘mnul. thoreto; but it {8 truo that respondenta Liave not offerod faid lands for galo othorwise than s hereinbefore atated, aud did not offer tho s for salo at publio auction at tho tmes and in tho monner specified ln saklact, npproved March 29, A, D, 1873, BEASBONADLE DISONETION, 3 And vespondents farilier boy (st undor satd act of Ingorporation, aud tho amendments aforosnid, and fho grant made by tho Btatu to snid Compuny, and by sald Company to snid Trustees, these respondents aro jue vested with a rensonnblo discretion as' to tho mnauner of wallng enid ands, nd tho Uiie, prices, aud tho encral torms on whch such sales should'hy mado, clug required to act as el on bohalf of snif Com- gy omd o Lolders of said bouds, uy on. belalf of 0 Stute, “rho respondents Lnvo excrcised o reasonable and proper dlscretion in thelr actings and dolnga sfore- safd; aud that tho several slops faken ns nforesaid by eald Company wero tuken bflnfllm‘nnmut of thege ro- spondents, and Wero, it fact, tho octs of theso rospond- ents, under tho said trust, And respondents deny hat bl’ 8aid act of tho Gene eril Assombly of tho Sinte of Illinols, entitiod ¥ An act to compal tho Triteleos of tho land’ granted to tho Illinols Central Railroad Compavy to executo thelr opdents furtlier ehow that enid Radlrond. | [, trust,” approved March 28, 1874, it is made tho duty of theso respondeuts to offer safd lands, or uuy part thereof, for kalo at the thnes, aud fu the manner, aud upou tho terns prayed in safd petrtion, “Thiat eald last-mentioned act could not divest tho said Company of tho Fight to demand the exorciuo of i rousounblo Juidgmont by thiceo respondents as 1o tho forms on which eaid lunds should Le sold, and tho times snd mantor of 1nskjug such sulos, IGITS OF BONDIOLDERS, Respondonts furthior say that safd uct of incorpora- tlon, pud thy mmendiment thorcto, aceepted by wxld . Couppauy as sforesnd, constitutod and bocame o con- tract between safd Compuny and the Stato of [linofs, and thiat, under sald act, aild tho trust-deed aforeauid, and by weans of (the issue of sald bouds by suid Com~ puny, legal vighta buvo vested fu_ tho said Company, and in the bolders of eald unpaid bouds, That it is the legal Tight of sald Qompany, sud the holders of suid_nupaid bonds, to requito thewo respandents and Trustees 10 60 oxeeuto suld trust uy that said londs shoutd produce reasonublo prices ; (hnt reapondents were, and sifll are, invested, under the Jaws aforeauid, with full power to sell the said lands fu suich quAntitics aa would e most advsntagoous to sald Cowmpuny oud sald houdypliere, IPALING 4 CONTRAOT, And respondents are advited, and 60 charge, that In #0 fur aa uid act of the Geueral Assombly of the Staty of Tllinofe, entitled # An act to compel the Truatees of thio lauds granted to tho Illinols Centrul Kuflraud Come pouy to exceute thelr trust,” prescribos, or attempts to Prescribe, o ruto or prico {Or which rospoudents must sellgald Junds, or uny part thereof, it oftered; and Wircets respondents to oNer suld lands for sale in tracts of not more thun forty acrcs; or prescrites, or ute tempta to preacribo, tho order in which tho uho shall Lo offered ; or requires oach truct of esid land to be offered at publle vendue; or declares that the ouc- tlonecr or person seliiug tho eame_ wball cry esch tract for nt lggat ive minutess tho #ntd act tenda to finpnir the obligation of (he coutrnct created by tho uct of {n. corporation und amendmont aforosaid, Is subversive of tho feg] rights of sald Company and the holdors of Anid unpatd bouds, nnd s in confilet with the Constitu. tlon of tho United Biates and that of tho Blato of Ilinojs, aud s thereforo vold and of no effeut, nd the respondents further allego that, undor tho facts horein sinded, nnd the various rights heroln dis- closed, o court of chatcery 18 ho ouly court wherohn tho s mattors and (ufugs horeln proaented aud s volved eun_be fully andproperly Inquired into and determined ; nd thot this Court canuot properly oli. tertain Jurlstietion hereof, moro particutarly whilo tho guid Nailroad Company is net & party herein, “L'licro respondents Fespectfully show unto the Court that, personally, they sot up 1o vested righia or iufere ot 1 thicir own belialf, bt that thio righits, intorests and oquities herelu set'up In auawer 1 thé prayur of ‘ol petition aro olufmed by tho #uld Bailroud Com. Juy aud tho auld bondholdors, o8 tho rewpondents Lullum in good fulth, and reapondeats be- Bovolt to bo their duty,'ss Trustees, 10 preact and insist upou ull such defenses o8 ure reavouubly clatwed D5 ny of fha partics iu whose bolulf thoy exvrcise tho wdd trust, Gulena, Eingham, Lacledo, Carlyle, Salom, Mt, Ver: now, Mutphysbord, Mound ulty, Cutro, Vaudali, aud Caliden, ("‘r‘f,.u for moro than ten yearslast past, safd Company tiaw dd ol said donated Tatd: tnien, for_ualo, In quantitics fo sult purchiasera, nt rossonablo vrices § Ahd from 4o year 1856 g Lo tlte timo said Campuny T minddo oxtraordinury eorts, sud fucurred exteqor- dluary oxpoes n attompting 1o kell oll suid fund ot fulr Ticon, wid s good fuith, ‘That sl Conipany, cox pcentiug with safd Frustees, s oxpendod the it of $1,605,393 fn advertlsing, publiehiug pamphiots, matue Taluiug .agenoies, oto., snd_dojug wiistoyur could bo wyantogeously dun townrds disposing of sald Linds b fuir yalues, and_duzing oll gald tmo u degree of publieity baw Leen given to the fact that said lunds War for mly, aud fhe Feaonable rales Nxod thercon, and {ho advantages uf purchasing thesame, niany Ui areater thou could bo othorwise lglvllbl.\. "hat pamph- frh« lnm«m, nolices, ste,, invillng purchusers fur vaid lauds, havo boem, for geightcon years, freo- 1y clreulutoo in tho Btato of Iitnols, and i mony other Slaten Lunt nnd Weat3 und overy rousonblo incans Xuowi to safd Gompuny and thess respundents havo Tuzn rerorted to, snd ave 1w befny rosorted ta, for the BGIo PUrpoNs, i "L i thne, i addition o the agencios above spoct- fed, wadl Compony furnishes all its station aguuty, umbering aboub ovenly, will mups and the drices £ naving fully auswered, pray s tho costs, Krrcnust, BauUEL D, L00KWoOD, > Trustees, Joun M, PALMER, Toter Daggy being duly kworn, oh his oath suys that o I, aud lus been for many yeard, tho Land Comn. isslonor of the Tlinols Qentral Ituifrosd Company B0 Tias niow, and lins luud Tor a serles of yeurs, spociul knowledgo wnd lutormatlon ai to tho condition of tho laud o sifd Company,uud tuat tho sastturs ud thlugs stated nnd alfeged ty tho Torouolng muos (0 10 Pl tivu of tho Touplo of tha State of illluals are truc, us be verlly bobioves, DrTER DAGGY, Bubscribed wud sworn fo April ‘81, 174, Lufore Churles 1, Thompson, Notery Publie, Chicago, TILE DEMURRER gota forth that the answer and tho matters aud things therein contained, in muuner snd fonn na Yluu(led. are not sufilcient in law to bur tho poti- ionory from hm"w"" menduniug atoresald ; that thoy aro not boundin luw to suswor tho somo ; Whereforo, for wuni of & sufliclent unnwer to tho potition, they pray judgmont and thut & peromptory writ of muudumita bo awarded in accordnuco with tho prayor of the petition, ‘ho arguoiout of petitionors lns boon filod, ‘A Licse respondonts to'b Lienco disinissed wit Mokua and that of tho'Tospondonts witl bo within o fow doyp, Tha onao will bo decldod ‘on the potition, angwor and domurror. S THE SPENCE (QASE. Whot Longth of 'Wime Bars Oroditors? Clalms Agnlnst an Estuate. 2 UISTORY OF THE OABE. i & An Important question came up yostordny he- foro Tudgo Wnilaco, in tho Bponco estate, whoro thero lu 8 largo fand in the hands of the sdmin- istrator, which is olnfmod by both creditors aud helrs. Jemes Bponco diod in 1838, loaving throo sig- ters, his holrs, nnd many oroditors, bub small nagots. Willinm 3, Larrabeo was duly appointod adminlstrator, collooted What monoy ho could, sold the proporty, paid a small dividoud, and tho ontnto was gonslderad cloved in 1841, Tho claima of tho oraditors, ‘amounting to somo #15,000 or $20,000,. wero prosontod to tho Probato Court and allowed during the yoars 1830 and 1841, Thore being no furthor assots, nor any now claime, nobody imaginod that anythiog. furthor wonld badono, until 1865, Mra, Johnaon, Bponce's sistor, discoveroed a clalm agmpst W. B. Ogden, and consulted counsol in rogard to proscouting it Bolng advisod that the olaim was valid, but that it must bo prosccuted in tho name of tho adminiatrator, slio obtnined Rum(nlun to uae i namo ip furnishing & bond to saye Lfm harm- losn from -costs, A billin equity was then filed ngainst Ogdon, and, nfter s litigation ocontinu- ing noatly olght yoars, and threo henrings in the Bupromo Cotrt, Iinal Judgment was obtalnod and collocted, and the proconds, amounting to ovor 12,000, aro now in the handa of tho adminietro~ -tor for distribution, Ponding tho iitigation, Elder B, M, Boring had procured an assignment of most of tho oreditors’ claims to two of tho charitable nti- tutiony of thin city, and now filos a potition ask- ing that the sdminiatrator be directed o pay thoso olaiius from the fund in bis baods, W. J. Culver, of McCngg & Culver, for tho otitloner, nrguod that, ns tho ostate had eon fusolvont, the croditors had herotoforo had 10 menus of obtaining paymont, and that ss the sdministrator now had funds ho shonld pay thom, Josiah H, Dissell, for thondminlstrator, argued that tho clnime wero doubly barred; fizat, by the stntuted of limltation of thia Btato, and socond by the laches and abandonment of tho rospocks ive oraditors ; tho clalms, on bu\naprouontod to, and allowed by, the Trounta urt, became judgmonts, and Wwors barrod by the statule in twonty yoara, Tho declelons of the Bupromo Court’ of this State clenrly indiented that claima ngalrat an cstate wero nob immortal, but that tho statutes of lmitatlon ran_ against them. The administrator was not s Truatoo for tho croditors, bubk they bnd simply a logal dlaim agninst the eatato which could ba enforced in tha mannor and during thoe timo allowed by law, and not otherwise, The eatate Jmnaed to tho boirs, nubject to tho rights of oreditors, as n sort of o Nen or chinrgo, ond if this was uot enforead, or was barred, or becomo atalo, tho hoirs had the ostato freo from tholr claims. In this mumll Mr. Bissoll claimed that tho spocial facts shown constituted a strong addi~ tional ronson why tho creditors' elnims shonld not be allowod, the fund in_Court having boen renlizod solely throngh tho eofforts of the hoirs and {lofr coungol, who lad slone ndvancod the mnoooRsary funds to prose- cute, ond without whoso offorts no fund conid over havo been possibly roalized. And_now, when enit hed proved suocessful, it womld bo unjust and Inoquitablo to allow thom to come in and tako nll the proceeds. TIHE DECISION. 4 1;“?1 following is the docision of Judgo Wallacs n full: . It weems: to mo thero is but ono question in this caso, cither one way or tho other, The question 8 whethier tho adminfstrator 4 o Trus. teo for tho lelrs or for tho creditors I think will disposo of fhis camo; it sooms to Lo conceded thut it 8 n fudgment liko any ofticr Judgmontat Inw, _Thon liow 15 an adminiatrator a Trustoo of tha croditors of thin ostato? Thora I no «queation but thet bo {8 the Trustes of the helra, The Taw In, swhon n man dics, bia rosl_eatsto possca to tho hielra subject to certalin Jlens, tho poréonal proporty pnsses to (lia legal roprescntatives aubjoct o tho gnmo e Thio titlo to tho property {8 in the ndminfatrator, who Tiolds 1t 08 6 Trustco for tho holrs or dis- tributaes, whoaver they tnay o} ho halds tha titlo of tho proporty sutbject to the liou of the creditors; ho holds the property fa Lriat of o Lolre, but it §s fhora as a seenrlty to iho creditors of tho eatate, nud he st not distributa it to the hefrs uutil this Hon §a dis- poscd of. T think it cannot b clalmed on qny prine elylo or renson that tha administrator 18 a Trustod for the credltors, They bavo nlien upon what bo has i1t hin hands, but they have no title, The ndministrator. holds nobing for - tio eroditors ;' ho holds it for the tolre tho tifo_of tho mersounl’ property sublect fo {o Hon of tho creditors, I donot know tipon what of rewon any Court could lold or porson cowld renson,” that -on ndminltrator is n ‘lrustco in tho ordinary senss of tho term, Tho creditors have but lien upon the proporty, aud ihoy can oul mako t Uil praprty by hurlide or ealg, but {ho licirs tako t §¢ 1t hag not beon uecd in watiéfactlon of thollcas, Without any transfer or any nction tnken by {hie ndinistrntor, excopt o discharge tho Hon. I canuot see in what view the administrator conld ba Trusteo i any way, or shopo, or mauner for the creditors, Now, If la 1s eo, I aeo nothing In tho difforent cases that miliinto agafust 1hls, oxcopt tho case fn 3d ickeriny, ‘Phero thia sdmiisiTatrix, ono of tho helrs, srosccuted the claim ngainst. the Spaish Qovernmont I her oniofal capacity, and, of cotrse, aho was Atopped from claiming it, Yol sy say you havo s Judgment ugainat a mon, and a lien on bis property, Hitt you do nobown It, You linvono Intorest 1n iL; you havo your Hon upon it, nnd your Judgmont must bo satisiled ; you do not liold tho property, I cannot understand— 1 havo not been ablo from all s nrgumont to sce— how it is possible thut an sdminfstrator can bo held as T'runteo for tho creditor. I havo alwayw been in thy hobit of viowlug tho judgmont in shis court tho eume us tho Judgmient in apy other court, - Thin “comtt ling o sort of ‘quas-uuilable Justudiction in money-clalmn ninuat Lo estate, but wwhen tho judgment Is ouco allowed, and tho court lng assed upon tho clidm, it enters Into tho record us n udgment, as fn the judgment of any conrt of record, e Now, if {1i1# 18 so, it Scems to ma tho {wonty years Hmite atlon ars these clalme, 1t scems to me” thnt Is tho trup nosition, I am bound (o rule that the admipls- +trator does not hold theso funds as Trustee, but that {lero creditors simply had 8 len upon them until thelr clajms became barred. As fo the cquitios of the case, it gcomu to mo there ougbt to be some reward for the diligencoof this party in recovering tho money, £ it hud not been for the cforts. of Mrs, Jobnson this fund would uever have been collested,” The vvidonce strongly teuds ta sliow {hat, when tho creditors tndo'thelr sssignments to tho petitioner, Loring, thoy decmed thom of no value, even after this silt was commenced, Now, as yon want to mako rocord,L will givo you thioruling of 1hie Court, which will be againet tio creditors, and tho monoy is to bo distributed smong tho boiry, ——e e Desperadoes in Williamson County. Krom the Cairo (11L) Bulletin, The dosperadoes who havo made Willlamson County & namo and a disgrace throughout tha Btate keep to thelr line of conduct. They fear neither the laws of God nor man, nnd outrage both persistontly and with s high hand, A fow nights ago, bays the Carbondale Ob— server of Suturday last, str. J. 8, Burrot, living on Eight-3ilo Prairlo, Williameon Oonnty, bad & throutoning notice posted on his barn, warniu bim of tho vougeanco of tho writors, i foun on his farm, or in Williamson Conaty, in ton days aftor tho date of ilio notlea, This proccading is in thnronsh kecping pith ihe mnuuer of doiug things in Williumson Coun- ty; if o man oxprousos tho opinion that to shoot wman down in his }\;m'tl or doorway 18 wrong, ha is warnod that such- opinious are not tolorated by cortain rosidents of Willintson, and that, if | ho weuld ayoid tho asynssin's bullet himeolt, he will have to get beyond its raugo, that is, outvide of_Willismson County. . It in high time the "people of that county— those who beliove thore ls somothing olso to livo for Leside the brutal fil‘ntlllunllnn of porsoual or political spito—should take somo steps Lo assort thoir power. For years past Willinmson County hns been virtually under tho control of o band of cuttbroats and murdorers; who lack the yirtuo oven of Itnlian bonditti or highway-robbors, Thele inceutive to murdor 18 not tha hopo of ain, but js tho offspring of tho worst passion of {(hn human heart,~—that of adaeop, dondly, and unforg ivluq malico towards a fellow-pranturo, | ‘Chey havo kopt the wholo community about the econo of thoir operations in fear aud trembling for yenrs, until, at lust, mon wio value froodom of tpeealt aud & quiet life bave doterminad to Ymuuro thom outside- of Willlsmson County. 'avmors und mechanics avo loayjug it ; popsons in quest of homos do nob soek thiom within its horders; ita rosl estato is deprociuting in yaluo; and this stato of things will' continue and grow worfio until a ehango for tho ‘botter in its morsl condition takes pluce, It behouves thy poople of tho county who would uot soo thejr material Intorests suiler to an alinosh irroparablo "extont to boatir themuelves boforo it is too lato, o ———— Pamine in Asln DMinor. Rogardlug tho famino in Asla Minor, thamost dlstresuing accaunts (the Levant Ilerald snys) aro roceived, and mortality, especlally amon ohildron, is aesuming wlarniing proportlons, ,5 privuto lotter from a recont travolor on the Au- goruh road snya ¢ **'l'he distross Is inmonse, and ull along tha roud we mot poor wretehios posl- tively dying from starvation, and striving, nuked and bungry, to reauh Constuntinople, whoro they hopo to tiud work and broad, In Angorah you coult nd & thousund mon to-day willing to work ut auything for their dully brond; without auy other pey. Hundreds aro coming in from tho surrounding villagos duily, and casca of doath Irom starvution ure frequout,” " ' nppenrs that a Timea roportor went to Rackford, DAILY TRIBUNE: FRIDAY, ‘__—_———‘__——'h—-——:—-_”'—;"_—_:::-_—‘——'—‘—é_—'—*—_] JUNE 5, 1874, . . PROF. SWING. Tho First Steps for the Erectlon of 1lis Tabernacle. it Will Be on fhe Corner of Dearborn and Ontario Stroets. I8 to Cost in All #100,000 and Sent 3,000 Pcoplo: The Mooting of Church-Members, A ToinuNe reporior onlled yestorday ovening upon Prof, Swing, with regard to the proposod orcction of the now tabornnole for him to presch In. Mr. Swing stated that, though ho lad not ‘attondod the meoting, ho was fully in acoord with the spirit which pervaded ¢, and that ho would bo glad to #oo the plen of eracting alargo, plain atructure, whero all could henr bim, car- ried out, For full partionlars na to tho meoting, Mr. 8wing dirootod the roporter to a prominant mombor of tho Fourth Presbyterlan Ohurch, from whom tho following information was gloaned : TIE MEETING. At a mooting of tho londing faembors of Prof. Bwing'a church, on Wodnesdny, the following was substantially agreed upon ns the prosont statug with reforenco toa now church, It has long been apparent that o Jargor buildivg i re- quired to accommodato tho rogular and ;fiawln congrogations doslring to hoar the prenching o Prof Swiug. . Tha Fenrth Proubytenan’ oburol was in conrso of ercction boforo this noed bo- came apparont, This Church Socloty has beon dosirous of accomplighing all that Jay In its owor, to moet the publio demand, and to do ustico to tho sbility and reputation of their peator. ~ This Socioty hns locomo in- volved in orecting tho church-building now occuplod by it Thoe individunl mombors thoro- of, residing for tho most part in the North Divi~ sion of the oity, lost by the groat firo not only in thoir business vory largely, but lost also their homes, They have been grently embarrassed in rostoring_their bueinoss and thelr homes, and honoo had but Uttle left toward rostoring thoir housoe of worship. When, thereforo, it waa dis- covered thnt thoy hnd made & mistake as to the s8izo of thelr ohmh-b\flldlnr. their embarrags« mont beeamo greater, and it secmod almost an impossibility for thom to malko furthor offorts in this diroction. % But_tho growing popularity of thelr pnstor with all porsons dosiring a Gospel of peaco, and tho continned promisos of all such to aid in tho croction of n building which might bo amplo to nccommodato this waiting multitude, has led tho Soclety of tho Fourth Presbyterian Church of Ohicago to stop forward and onco mora lend all the nid in their power to proocurs a house of worship commensurato in size with the publio demands, TO AGCOMPLISH THIS, thoy have detormined thnt such new chureh property should bo held and ownod by au inde- pendent logal organization, They hsve detormined that such property should bo owned and controllad by the partics who contribute tho means for its proourcment, that it should be & joint-atacle corporation, aud thint eertiflentos of stook should bo issued to o)l contributors, andif then snch church-proporty slionld for any renson become unsuitable for church-purposos, it could boused by the ownors for any appropnate objeot, -The stookholdors would be the owners aud not the Fourth Presby- terinn Churoh Socioty. Tho dlvidends upon such stock wonld be declared in somothing moro substantial-than Govornment logal-tondors, vig : in the gold of tho spirit,—in true righteousnoss which exnlts a nation. Although tho logal organization shall be in- dopendont, still thoocolosiastical connection nood m':’F of nocessity bo severed—the onoe can bo (n- dopendent of the othor. THE SITE. As to the site, it wns hoped and believed thot all tho friends of Prof. Bwing will bo united upon this point. It was appargat that this mnt- tor of location muet bo a matier of nomEromlee. Tho greatest good to tho greatest number must bo sougbt, not forgeftiug the olroumstancos which surround tho members of the Iourth Churoh. Tha Westminstor Presbyterian Churols, on the cornor of Doarborn and Oulario stroots, hmu{flxt Prof. Sv*!g to Chieago nifiht yoars ago. His friends thenvand ever sinco have stood by him, through all chaoges and in sdvorsity, and loby thom. Sinee thien ho has acquired monynow frionds, but nono botter than his old ones. . His old friends fcol that if any concessions are to bo made,thoy should bomadetoihom, Theyliyeupon the North side—thero aro all thoir nesoointions, Their childron must bo educated in that location, and thero they must havo o oburch-life, A church upon tha South Sido thay think would broal this couneotion and aesociation. Upon the North Bideis a church-lifo, already oxisting, with ‘Wodnosdny-ovening mootings and a. Bunday~ sohool. They hold that if the ohurch wero oraoted npon the South Bide, in tho business- ‘contro, Jt could nothave any of this ohurch-lifa, but would ouly bo n leoture-platform. ‘This Prof. :Bwing_docs nob desire, and certalnly his chnroh wonld not. It had ag soll yemain on the North Bido as be romoved to the rosidonce-portion of the South Sido, Dut the location proposod—on the cor- nor of North Doarborn and Ontario stroots—is lLield to be, for all practical purposcs, in tho very “contro of the city, It ig only o lhalf-mile from ol the great hotols, 8o faras our friends who rostdo furthor south aro conoerned, it is practic~ ‘ally a8 convoniont 28 tho business-contro of tho city, as It is only & quarter of a mile north of the river. ~ 41T WOULD DTE PRACTICALLY IMPOSSINLE st prosont to obtain a auitablo location in the .business-contra of tho clty for o roasonable prico. ‘Tho land alone would cost $100,000. Tho strost-cars run on Clork stroot, one block away, and coffnect with the Bouth and West-Sido care, whioh very:shortly will run over the North-Sido | lime, AlL the arguments saom to tho Fourth-Church peoplo to bo in favor of what is kuawn aa tho Ol Wostminstor Church-lot, Thig' focation Prof. Swing _dosiros. Thoy iheroforo nsk thelr frlonds overywhoro, espacially thoss who hinye no churob-connection to come to their.assiatance, and to ercot o tabor- nnole, plain aud large, that will accommodato not lgss than 8,000 pooplo, and that can ba buils for 60,000—sid they fool that, if all who desira this groat rosult will talie hold of tha enterprise in earnost, within aix montus from this day thoy will hava s ohureh-house whero nll can hoar & gospel of love, whore tho philosopher and tho child ean bo Instructed, and whoro ihey all oan listen to language which will be clear and dear to the trath-lover, and ambignous only to thoeo who live upon tho skeletons of formulated theology. They have fixed upon four polnts— ;the lacation, corner of Doarborn and Oatario "stroots ; tho ontira cost of land, building, and ‘orgau at 100,000 ; enqllcflfi 8,000 (not oue loss); ‘and, fourth, tha proacher, David 8wing, who con- ftracts to remain with thom flve yoars, Bubjoct to & life-leaso ronewal of an engagement. 3 BUNDAY WEEK, * A woak from noxt Sunday it js proposed to lay this mattor befara the people, immediately aftor Trof, 8wing's sormou, whon it is hoped that all that gontloman's friends will attond propared to make n-liboral subscription. As soon ap the subsoriptions aro raisod, tho sorvioos, ponding the complation of tho now tabernacle, will bo conducted in the MeCormiclk Hall. —_——— ‘fhe Chicngo 4 Timoes? and Its Rock. ford Libel, . BPNINGPTELD, Juno 0, 1674, To the Rditor of the Ilifnois State Register: The Times, of Obicago, anunouncod the othor day, oditorinlly, that it had recelved information of the alloged liaison botweon the Ilon, Mr. Orawford and Miss Alico Early, from no less* tuan four persons, onch of whom had wriiton over his own signature ; sud that the prper had sont n apooinl reportor to Rookford to luvestigate und oscortain what ground oxisted for tho ro- port, kL z From a private lottor rocoived $his marnh:lg Dby a gentloman of this clty from ono of tho old- ont and bost oftizous .of Nookford, kown b iroputation’ to the poople of tho eutire Blate, it 08 promised, but his uvestigation.waa simply a furco. Mo announced tho namos of four porsons an fuformors who aro about ua likoly to heva fumishod Information of this ohsraatar 28 Judgo ‘freat or Gov. Doverldgo, and ho exhibited lot- tord which ho said that thoy bad written, DBub ho lailed to go to scoono of thom to inquive whgt gvidenco thoy had in thoir possession of ‘tho truth of tho wtatemonte publlshed in tho Times, Tho eltizons of Jookford beliove thal the lotters shown thom are fore gorips, omanating from tha bran of ol Storoy or somo of Lls subordinaton, ' Poriibly Chrlgtiun aharily might rogard thom ag inugno dolusions ou hig part, evidouco of the o~ rouricy of Dr, Johnson's cstimato of Storoy’s. woatal condition, 1€ It be truo, s surmised, . that tha fonr mon on whom tho Times ondenyara to faston tho rosponsibility for this slandor ard not reaponsible in fact, thoy shonld certainly Join in tho offort now making to bring thab-un= #orupulons shoot to summary innllca.' Tho gontloman who writes from Rockford ro- murks that tho motive which promptod this in- famons nssault s not vory apoarcut. Homo at- tributo it, e says, to political rivalry; but ho cannot bolloya that any mon can bo 8o misorably M“Ym g not to know that such & chnargo, unsup- Por od by any evidonco, would bo suro to oloat ta vialime t0' any offico which they might do- siro. 1n his opinion, the story fs eimply oue of thoso dishos of soandal whioh tho Tinics lovon to sorvo up in ordor to produce sonsation, irro- Bpoctive og ita offcots npon individuals or com- munitfes, o sy that, so far as ho can ascor- iain, it is without any cirpwinstanco or ovont whatoyeras a foundation for it, but *‘is purely, ontirely, absolutoly (and, if you can find any sironger word, use it), an lnvention,” Vuwoex, —— PROF. PATTON AT (T AGAIN, Ty the Editor of The Chieago Tribunat Bin: DBrother Patton isa pluckty man. Thap i cortain, And pluck 8 n conatderable virtue. ‘Thin 18 g0 whoraver found, all the way from the littlo horoos of the rat-pit np to tho grent ox- tinguiehors of heresy, Hoianleo o knowlng man. If Plo Nono 18 not infallible, the Vatican Council only made a mistake; thoy did not clalm that they wore infallible ; they only made & mig- take in not lighting upon the right man. Prof, Patton Is tho ono; The Chicago Presbytery was “in orror,” Mosnysso; sald it inn threo-col- umn editorial the othor day; bas sald it agaln. It is se. Thoe Bynod ot Northern Illinols will bo in the samo’ ghastly predicamont if, noxt Ooto- ber, it does not roundly toll Presbytory that tho Oticago ministers mado an sudncious mistoko l)? not saylug Amon when Prof, P. opened his ipa. Toople nevor gotusod to oarthquakes; the droad of thom rathor grows. Tha bothor s, you nover can tell whon tho noxt one is going to happen; nor just how this one is goiug to turn out, until it {a all over, With such a power —to nccommedato Matthow Arnold’s pet phrase —with such n *‘ power working for” orthddoxy a8 Prof. Patton around, Presbyterian folk aro caslly oxcussbloif they do stop about a It- tlo timidly. Howovor, the great **apponl” was not wholly unoxpested. We suspoct tho hoarts of tho brothron wore partially propared for it. It lins not come upon thom and undornoath thom, aftor all, oxnctly llke an earthqualke, Which is o gront moroy. Ho hnd fold Brothor Bwing—at lonat had told 1t to tho waorld—that ho wae warge than a horotio,—n thoroughly dishonest man, to Lboot, whoso declaration was ‘of no account. Ho bod 'sll nlong_displayed about as much con. fidence in tho Presbytery. Bo that his dotorminntion, just now ofiicially announced, of hauling Proabytory bofore Synod, and impeach- ing them, is somothing of & shook, but not much of aontaclysm, It Dr, Patterson and tho rost aro afrpid, there Is ona door still opon ¢ betweon now and thon thoy can omigrato, say to Austra- lin. That is o tolorably safo distance. Btill, one cannot oortainly tell beforohand what tho Bys. tomatic Thoologlan, in loaguo with his “‘right bowor,” Brother McCormick, may do. The lat- toris a towor of strength in the denomination, Io cnrrios the Thoological Seminary of the Northwost in ono packet, nnd the Inferior in tha othier, And docs ho not say to one man, Gol and o goes? Dr. Trowbridgo, for instoucel What if ie ehould tako it into his heart to sy tho same, or get somo ono to sny it for him, to Dr. Kittrodge, sud 80 on? The outlook is ‘gloomy. But Prof. Patton is wisor than soven men thnat can rondor o reason. ‘The numboer of ren- sons which Lo can give, it takes a schoolboy to connt, Twonty-six is only n priming., 'I'he s peal tokon is based on **five grounds.” With singular self-donin], theso aro sustninod by a count of ouly & dozon “specifio rousons.” Those grounds are : (1) irrogularities; (2) burryingto & decision beforo Laird Collier wau'hoard from; 9) a manifestation of ‘projudice; (4) mistake of coursal); and l(fi) iujustico in the decision, “The Eldors of tho Fourth Church onght not to hove been allowed to giva testimony {a tha caga, and should have boon ruled out of court; the NModorator, Dr. Mitcholl, bid no business eithor to voto or give any opinion on tho merita of tho case; and, ngain, *‘tho prosecutor® snys Prof. D& appeal, “oxpocted to prove Bpoolfieation 1 of Chargo 2 by a Jottor writtou by Mr. Swing to the Rev. Lalrd™ Collier, and by the testimony of Nr. Collier.” Appropr ately, Prof. P, omits horo from *Nr, Bwiug's” namo the title ¥ Rev.;” for tho roitoration of this specific chargo, afior Prof. Swing's solemn dobiul in court that Lie over wrote tho Rev. Lalrd Collioc any such lotter, is, on Prof, Patton’s part, nothing mors or less than a persenal ingult to DIr. Bwing, a8 o man void of veracity, Aud, asido from that, Prof. Patton’s reliance upon this putative tosti- mony of the Rev, Lmrd Collier is ridioulous, ns every one knows who knows tho man. Mr. C. iz onoof tho brightest and cloverost of men. 1o i8 not efraid of o now idea, Inowa it whon hio 8008 it, and is delightod atit. But, while Lo 18 romarkably vorsatile, bo is woll-kuown to ba volatile in his towporament, IIis soul kin- dlos casily and deoply; mnow In view of ono kind of truth, now iu viow of somo othor vpresountation. o is often spokon of a8 being so sympathatic o reador a8 to ho, in his conviotions, laroly the vichn of Liy Inst-rend book. At ono time his sormons sound ns though Strauss’ ©* Old Faith gnd Now " wero the last work Lo had beon woring over; ogain, tho ‘‘anclont founts of inspiration wall up through all his bolug yot," and ho falrly burns with the ovangelie forvor ot his carly Mothodigm, And, indeed, a8 tho Presidont of tho Young Men's Christian Association, 3Ir. Bur- ton, testified, ho himsolf says that Lo nover leth tho Mothodist Church beeauso of any chauge of dootrinal belief. Ifow nbsurd, thon, to make so much ado about & romark which somebody snys he hioard Mr. Collior onco make, to tho effect that he belioved that Prof. Swing prenched similar dootrines to hig own! Vory likely; bub what waa tho dale of the coincidenco? On which Bun- days during tho past five or six yours did thoso similaritios bappon ? Ono othor point wherein ' tho Presbytery ia in orror ™ i8 in taking tho ground that tho issne betwoen DProfa. Patton asud Swing was, in fact, an issue botween O1d School and Now School Progbyterianism. This clsim was mado. Aund wo bnvo no doubt but that it was_vital to the issuo, becauso it was true. Tho Now School branck of the Church had always stood for froodom, ns agninst sorvility, to the lettor, in tho _interpretation of tho standards, The. “ Aujurn Declaration® distinetly assertod that 1iberty ne » condition of upion; and that claim wag allowod,—tho two partics expressly agroo- i"F to disngreo, ns beforo. Prof. Bwing ox- plicitly avowed himsolf as boing & Now- Bcehool man, pecording to thelr understandiug ol the woll-known evangelical dootrines, And the defonso proved that such was his public tenching, The loarned accusor may pour ovar this mattor as many bushols of chnfl s o hnd of “ specifications,” nnd tho fact will romain na clear to intelligont and discorning minds as bofore. No smount of ocolestasticnt pottifogging will altor tho fact. tho prosecutor_ lus tho, rash gratification of throwing this sohismatic question upon the Genoral Assombly, ho will bo very likoly to 00 presently what “sort of a tor- podo ho hes beon hisndling. When somildn quostion as that of womon boing allowed to #posk in o prayor-moetivg camno up tho other «lfly ot Bt. Louis, Dr. Crosly, Moderator of tho Agsombly last yoar, saw ronsons, in tho intorosta of union, to mako basto to csll upon tho brothren tohush up the debate, and lot that matter alope. Ir this. watebful, Infellible young guardlan of Trosbyterisnism s ambitious to witnoss an ox- plosion, and bo chiofly responsiblo forit, luz}l:xlm go ahend, oy Bl Che Champion Carpot-Haggor. Tho champion cm'smt-lmgg\u‘ in discovared in the peyson of T O, luxc-lulnr who wus Judge of Qrant Parish, L., ot o tmo of the Suliting there, and for whom ug: traublo svas brought on, In tostifylng in Now Oiloaus, tho othor dny, Lo said: **Iwas Judgo of Grant Parish; novor studiod law: used to bo n dotective, bofore that a tannor, 1 went to Colfox from Now Orloans; camo hore from Bhrovoport, I loft Bhrovoport lnuhurrg bacauso I was afraid to stay thero; went to ’mwport from Anderson, Tox, ; wouk thoro from Arlausas, I livod bofara that In Houth Carolina, Philndelohia, Baltimoro, Brook- Iyn, Woatchosator, Pory, Obill, New Granada, I wid born_in Dolawara Tho “Judgo™ ls not yot o middle-aged man, — 5 i lllurlwd to Denth. The Manchostor (Eng,) Eraminer ro) most distrossing nm&donl) 8t Notherson) ,u:\!:n: Auhby-de la Zouoh, by whieh two young ' lndies namod Borgluon, who wore visiting at Nothersosl Hull, the residonco of Nr. E, W, flabemon. lost tholr lives, Whilo ono of the young ladies was Bwlng nonr tho fire-placo the wkirt of Lor dress ecao ignited. 1lor slster immedintely rushod to hor assigtauco, and sho aluo was soon wrapped du flames, Mrs, aud Miss Iobortson mude a noble offort to save thoir gueats, but were baaly burnod bofore ussletanco arived, 'Plio Missen Horgison survived thely hl{urlen for n few hiours oply. Tho other Iadies recolved some bad burns, ' IRON, ¥ Docay of tho Iron-Tntorost---Four Hundred Mills Out of Blast. The Pennsylvania ' Fallncy Ix- ploded---Does Protecs tion Protect 2 From Our Own Correspondent, TirTenonar, L., May 28, 1674, A fow yoara or months ngo, tho lron-intorest of Ponnsylvanis, and its nocossory intorcats ox- torlorly, proclaimed vongeance to tha thinkor, writor, or sponkor, who.should go much ns quose tion the validity of any I'rotoction, howeverhigh, to o1l forms of Iron, from the -pig to tho stool ratl, from the bloom to the wrought-iron plato. ‘Whoovor touched that bontified Intorost was ns~ sailed as o British hircling, bought aud bound, a miscroant unworthy of tho protection of tho 1aws, and a propor objoct for oriminal indlotmont. Baoks wero put under ban whick challonged tho wisdom, tho equity, or tha logle of Protection ; and, when the manly Cobden died, thera was joy and gratulation phamolossly expressed in tho most Obristian contros of the Tari-partnorship. ‘What has happoned, nevertheless, is only what ovary Froo-Trader fearod, wishing no evil to his follow-cltizens, though tha boostors of a dolu~ slon. INON 18 DOWK, crushing the pooplo who weroe carrying it, and In o common pltfall lio Iaborora and capitalists, ‘The wagos of tho formor nre deseribod as a moro plttanco; tho markot-rates of bar and sheot {ron are,describoed ns ruinous o tho Iatter. Rnil- rond-iron {s domarketized altogothor. The stock of allsorts on hand §a oxcossive, Oub of 456 furnnces and forges, 260 are out of blast alrondy, and 100 more will probably closo before mid- summoer, loaving only about 100 furnncos and forgen to do the legitimato iron-businoss of tho *| country. Tuo sama rapnolty and artifloinl stimulus which built up those grest milia had previoualy out us off from foreign matkots by destroying our commorco, becaude they could not construct the voagols also. The Freo-Trado manufacturer of England hos the markets of the world, and tho carrying trade of civilization to supply thom through, His unsubsidized iron steamships, to tho number of 8,000, spood with his manulace turor to the ports of tho world, g ensily as a city- morchant, by moans of his carts and cartors, dolivors goods to his towan-customors. Without our talent for invention, or tasto in dosign, or thrift with labor-saving machinory, the Britlsh manufacturors, thrown upon tholr own enorgles, have beaten tho Protected American mills out of Dblast. With coa! and‘iron generally inforfor, and mined with dificulty and exponse, thoy have beon compolled to study the normal laws of trade, and tho close practico of economy, both in tho factorics and on thelr morchiont-stonm= flecta; and these plain ways of equalizing an ine vidions Protection have won in tho ond. On subsidized ships from thoe portof San Troocisco ara ruoning o loslng rage with tho ZEnglish Free-Trader. On Protacted laborer is NAKED TO TILE BKY, and {dle as tho oulogica mado upor his supotior happiuess. Our political moralg are run down by the Iavish bribery of Oougrummun through “tho Amorican eystom " of **building up" “our Infant industrics.” Froodom itself hLos boen threstened through tho instrumontality of n Protection foroign to its goniua. 'I'ho ourrency of enlightened munkind, tho standard of valuo on the globe, Gold; the lmy to unlock barbarism and koop civilization mutual, hasbeen dorided in tho courss of the contortions of this sick Owanr of Protection, Tis truo this god did shako: Tiis coward lips did from thelr color lli; Ay, and that tongtio of i, that Lad the Romans Bark him and write his specclies in thelr books, Alas! it cricd, Give me somo drink, Titinius! In othor words, Mr. Kelloy wantod a convertl~ ble bond, and Mr. Camoron xome countorfoit monoy, to flont the Protoction-ship in tho pud- dlo, o8 they oxprossed it. I TLast wealt tho Iron-Workore' Associntlon of tho United States, in convention, whils roporting tho dismaylng figures I have givon above, of nenrly throo furnncos and forges ont of blask to overy oue running without profit, BECOMMENDED AS FOLLOWS,— ongh recommondation being a recnutation of a fallacy, or the indorsomont of a cardinal princl- plo in Political Beonomy ¢ : First—hore Tariff. " This is inevitable; for High Protection, like jonlousy, * macks the moat it feods on.” But how will’ more Tanff raiso {Jrlone alroady bolow tho line of Protection, when hero i absolutely no foreign compotition in tho iron-morkot 2 Wo hava beon brought (o o place where Tariff, High or Low, means nothing at all, but is like & high fonce bwild in o diteh, Second—DBuild o number of Government and Pacifio rajlronds, to give = markot whero thoro is nowo olherwise, This is about tho samo o4 if it bad beon auggested to build an. iron truss- bridge to tho moon, because there is nothing left to bridgo ou thig orb, aud the American iron Jeromy Diddlor must bo supported somehow. As an old Virginin lonfer answored John Tyler, who #aid: * Cousin Tom, what aro you utaying around tho Whito Houso for? I can't give you any oflice ; for I havonw't got any to give,"—tho Tariff poaple say: ** Cousin Jack, you've got to tike koer of me, by Goorge, somoliowornother,” Third—Thoe ourfailment of the production of iron, This is moroly ' RECOMMENDING A NEOERSITY, Tho High Tavit Las worked, s ovory text-book Los told us in tho Freshman clugs for thoe pust ity yonrs, Ithas mnde such profits for the fow out of thaspoul of all that everybody has rushed in to make- jron and rails ; and wo aro now pro- vided with machinery, rollors, puddles, minos, fur- nucos, and what-not, anough ta dofor the cominy tweonty yoars. Thoso miliswill gouerally be unl& under the hammor, toa olass of mon who will study economy aud motliod, instead of bullying ond bribing tho public sentimont and logislation of the nation. Tho new class of men will go out advonturously to sell iron in distant parts, aud add to the ?mf‘u“ and good acqueintance of the world, instoad of proying on their fallow- oltigons, and onnotiug a luxurious mondicancy in flush times, o woful wretchoduess in tho time ullgamsuaumont.‘,‘ W Tho onargies of tha iron-makors aro now fo bo dircctod to a coalltion with tha cheap-aurrency sharps, the two Pacifis Railroad Rings, tho Qovernmont fraight-railiond schowos, and the cannl and loveo lobbies. A Patorual Govorne mont, which shall daily oat ano of jta childron, snd flually malke all Govormmnont as ridiculons né Communism undor au Lmpiro, ia tha bright dream of Morton and Logan,~thaose gontry who Lave finally found consistenoy . by going over to the Ttobellion, to join Johuston, Gordon, and Merrimon, TILE PROFLIGATE KLRMENTS OF BOOIETY, trenson, domagogory, carpot-baggery, beggared subsidy, aud disuppoluted Proteation, sook cach other out, like the sevon dovils in tho swept and garunielied houso to which tho yestloss man of tho parable. ontered fu. Thers, by mutunl afllnity collected, thoy will bo liko tho wild Beotel Jnoobite olana Iuvading England, to molt away o8 thny advauco, and bo ulnugulumd a8 they fly. They may still give the country, property, common #onso, and the Amerioan namg, & lomporary liogig for thot 8- uothing like domagogery with Boolaltsm bohlud it, Tho lato ravolt in Parls ngainat tho vested authority of things had no more fanatioal portraits than cen be produced ous of this galaxy., To yield an inch §8 to yield the ompire : and what public ‘morals or political intotligibility would wo ' haye after a yonr of such rule as Morton and Camoron woutd give us aftor o popular vordiet, unro- stramod by the eduoated mon of tho pnriy P ‘'ha ataud mude au the utrency by the Exoone tivo Ofticer of tho Unitod Btates in Lis. Con- grossional rulltllou is t]l‘m‘upot for afl mon who possoss property, religion, respousibili b postority, to ntaud, as o b Uy, “or VIRST, MAIN, AND ONLY LINE OF DEFENAE No watarity tha eurroncy; no sorip-gividends in tha stook of the United "Statos; no couuterfeit wouay voautitied with the portrults of the Win- nebngo Chlof, the Great War-Govornor, or tho Goneral who fout into the Inta War., Wagas and prices aro comiug down together; strikes unover happou oxcept 1n fnoquitable times; tho publio snd citizen mind 18 onln; logiulation grows purers tho tona of coutraversy 14 utoro tranquil, Birlngonoy Lath its_viotorfos no losy ronowned thun spoonlation’s. If tho true ond of mun is havd-pan and huppincss, we shall pros gross in thoso oalm wators as woll a8 if wo ruced o tho high seas of folly, In overy couimuuity of the North, at this momant, thero 18 moro fam- y-pouo, it thongh; and virtuo, than fn the flueh-tiwes of “shoddy, In_timos of ‘mfmy thoro is goldom roal want, During tho flush-po~ 1kad we extondod our corporate comforty wikes arad, drainod, and provided with communione tons and convoyauco, Tho country ls en raps yort from ond, notwithalanding n fow sootionat domagoguos whoate now in prouinenco for thojr work at puttiug down other peoplo’s seotional~ fsin, Whothor a national dobt I or I not o na~ tionnl blessing, solf-rostraint over tho nation fn, -1t is oloar to tho rmllnf poople of the country (hat tho wholo busines of prosperiuu an stilts 18 A PAILULE, . and by no fanlt of the nation to suatain the por-, formance, Wo have mondod thoso slilts tima and ngain, Wo havo gone ahéad of Lho porform- or, aud offorad a row| for his agitliy, ayo and- uiyu inoronsad 8 Lo showed signs of nu_ff.unmg in the knuu—mnn or pitohing on_his hesd,’ We have dono ovorything butshorton tie stilts; and, had wo Upgun to do that littlo by littlo, Jowering - the tarifr, contracting the ourrency aud pricoa which would follow, rec uoing subsidios, and disqourags ing costly cucoursgemont, long ago, our maa wouldduow bo taking his oxerolso un the solld ground, Theso dishonest llusions dic bard. A Pittec burgh gontloman unfoldod to me, tho otlar day, « beautiful schemo for ! roviving tho prospoce ity." Thore wero 8,000,000 able-bodled men, ha anid, in tho Unifed 8tatos, OFf these, 1,000,00 ‘wore idlo, “ making no weslth.” Now, it lhq‘ wore {mt to work, thoy would ** make wonlth," Woalth, 08I kuow, was whatover waa addod ta the country, Now, build the Northorn Paclfla ond the Southern Puciflo Railroads, ‘Lhat would cost §150,000,000, Lot the Goyermmont put 1k up at onco, atart tho work, smploy 1,000,000 {dla mogd who, in turn, would bo fed by tha other 7,000,000, Thon wealth would be added to tha conutry, tha priceof i SO T s st oo ol o np, aud Hilagy 'Lo this gort of WILD ArAN'S TALR Tennsylvanin has boon brought by a louX courso of fullacy, illusion, ana solflshe ness, foolish exhibition at one and of tha Btate, mills out of blast and n surfoltsd market at tho othor, and politioal corruption, consaquens upou subsidy and bounty, at the contre, it {s prob ablo that the pooplo of Ponusylvania begin ta renlizo that tho hand of Providence, working by cconomical Inwe, is smongat them. It is probn- blo that thoy look at Fathor Caroy and his theo« ries with gome suspiclon, and rospond to the solf-complacent poriods of Bill Kelloy with faint TPaoh! pooh! % The raiirosd problom fa_also setiling itaclf, Tho doath of Prosident Thomson throws tho Peunsylvauia Rallroud off its tracks. 1lo was tha balanco-wheol, r. Scott, the spirit of the pes rlod, is honvily encumbered with private dobts, tho intellact of end will succeed undor disadvantages of borrowing mouoy; for tho Company, while dolng o vast bussiness, 13 without funds, Whoover succeess 'Thomson must drop his {dons, wrostlo with a Modusa, and ask himscl! if it is not possible to gain tho whola world and yot loso one's own head, This Coms pany Lins o mighty problom bsforo it, yet it mny pull through; but, to all apponrances, tho power’ of corporations In tho United Htates is broken, Tho now State Constitutions are rcared agains them, The geniua of Froedom, tho divine ocona omy which attonas on freo nivfllznewu, 18 fuvisis bly at work*like Puck, to outwit them, ome on wos & growth, aud not much of & porsous ality. Slow, watchful, Englieh in habits, Quakor in stock, he nnd the power to avail himsolf of, men of (}ulnlmlh‘ur tomperament, and Jato in tha cool of lifo, woating a white nocktlo and using & fan, whilo thoy workea in tho suu. GATIL, MEXICAN RAIDS. Massacres in Southwestorn Texas, Corpus Christl, Tex, (Muy 19), Correspondense of the Galveston News, I bave informoed *nu riclly, by telograph, of tho sorics of trni:u( ies that’ hinve stirred tho hearts of the peoplo Liere to o dopth not recontly touched, and whioh liave convinced them that they can look only to themselves for hielp agaiuat dnily incursions of Moxican robbors and murs- dorors, in largo or small gangs, s the caso & bo. his quadruple murder at the *Poncscal TRanche " was 80 foarful, so atrocious, and its at« tondant horrors so blood-curdling, that it hag boon detorminod to oxact a torriblo vongennca from all concorned in it, and the upshot may ba that the Moxicaus genorally will find this section of tho State too warm for them Lo rosido in with safoty whilo they aid and abot tho perpelratorg of such orimes a8 hnyo occurred here within tha Tast, threo years, ; The solo object of tho flends who attacked * the little whito sottlomont at tne Ponescn] rancho was money, the party baving heard that the Mlorton brothors wers about to receive latge sum_of monoy—8G00—which thoy ox« aggorated into $3,000: also, they intended to gus tho storo of all thet was valuablo, ‘They were led by an Amerienn nawmoed Joe, whos( doseription applics to & noted desperado’ of thia froutior. Koon men are upon his trail, and hy can not escapo If ho remeins in Teoxas, The; attacked tho Tanche 8t night, aboat dusk, aw did not stop until thoy had killed all, though res gorving the elder Morton for the last, aftor ha Lad'been wounded in threo plsces, so that ha might show thom where the mouey was cone conled, Thon tha party absolutoly riddled bim with bullets, Eachi mou thon took such goods a8 were mosb needed, holping themsolves lao boots, shocs, blankots, clothing, groceries, ote,, and finally, with_dovilsh maliguity, seatboring arsonic overall tho provisions thoy could not ot or take with thom, in tho hopo that tha pursuors, whom they lnew syould be upon thoiz trail, would bo offoctually stopod. Fortunately their intontion was discovered oro any damage was done. After the murders were accomplished nnd tha party had gooe, I am informed upon refiable au- thority that tho loador returned, and, foaring treachery from btwo of lus men who had ree mained ‘in _the vicinity, ordered them ohol which was dono, The rancherod and officors of the law Lave thus far captured six of tho party, nnd, allowing for tho two that woro either shol or hanged, thoro are throe yob ot largo, Ace counts differ ns to how many .were engagod in tho massacro, some 8aying eloven nmf' otlierg fifteon. 5 Youtorday I vieltod the joil whero the mur« dovers aro confined, and a morg villanous sol of men it hus not beon m{ fortuné to look upon in many & day. Onoe of thom wears marks upon hig " throat wliero Lio was subjooted to & littlo prolim- inary hanging by his captors ‘to induce him ta copfoss who woro his accomplices. Ho la not in 8 vory joyous framo of mind, and no doubt does not liave vory.strong faith In Liis teuuro of lifo. Tuero ig & strong probability that, a5 soon ag tha oxamivation aud confessions of those who are in custody now are comploted, they will be talion from tito jnil and allowed to hang thomsolvos, s tho Yunplo gonorally are doterminod that thoy shall not bo permittad to takae ndvantage of the many loop-holes of escape affordod by tho opora« tion ot tho law in this scotion. Tho condition of the sctilers botween tho Nuocos nud the Rio Grande.is anything bub plontant or sufo. Travaling, eu}mnfi ly betwoen this place and tho Rio Grasde, is attonded with .mare or Joss deugor, aud uo man will thick of moking the trip without finit providing himseld with & Winchestor Ritlo and a six-shooter or two. Bevaral robbories have oceurrad uear San Diogo, gixty miles from horo, and on the day of the Pouescal robbory three tenmators wero nttackod and robbod by four Mexicans near Bamquetto. Thoy were bouud, with the intention by tho Mexican captors, to kill thom aftorward, but ona of the attacking party begged so bard for tho livos of the pooy fellows that wero loft tiod upon tho ground, tobo afterwusrd liborated by tho sumne Moxican, who also gave such o description of s accomplices thut thoy woro scon capturod Dy a party of whito men, aud, boforo thoy could sy their prayers ovon, they wore ulmnfi up, all on tho gawe branch, in plain view of tho road, whero, for all I kuqw to tho contrary, they nra hnaging yot. 1t fs by such summary‘and sovora punishmont only, that the prosoat disordered son= . dition of theso frontior countics can be remadied. 1tiu alwost uscloss to (alk of the law, whon an offonder may so soon cross tho Rio Grande, and put himsalf out of haru's way, and tho ranche- To8 sro_forood to fall back upon themselves for Proteotiou, und vory seldom glve tha oriminal an opportunity to offend o socond timo. Jc. is dificult to avrive at tho canso of this nl« ot “{rreprossibta” contliot that wages batweon tho Moxicahs sud Amoricans along this froatior, thougl it may bo attributed, to somo axtent, to tho intonse bato thut tho Moxican fools toward tho * Gringo,” who hio foels has unlawfully do~ spoiled of the fair domain of Toxas, Then, ngain, thair naturat instinots, born in thofr mixed « Indisn and nogro blood, predisposo them to muwdor aud robbery, Thoy ara a class danger~ ony anywhero, und almost Jmpossible to civil{zo. 1 havo honrd it ropontedly ussorted lovo that i wenoral hnn;m!x wad Institutod botwoon this and tho rivor, it every teuth man was spnred, that wonld bo” the full proportion of good to bad in thio wholo race s we knaw thom in this seotion, ‘Tue military who ave slationed st Hanta Qor- trm'lo'nmm‘alulm nra :o:nllv |llnunmpumul Zov tho protootion thoy are stationed thoro to Abzolutoly do nothing, $ord; aud —_— Amnosty for] Polish Bxiles in Ene s.l ek D : wlnud, ' ofun Polos writes to tho Tondon sanday Muy 10: “T am happy to fuform my cmum-yl'. mon that this morning his Lxcelloncy. Count Buhouvaloft Lo glven o distinet BBSULANOS, U his word- of honor, that we .can all-roturn to Tolaud without fecling tho slightestimossinsy, 1lin lixcollenoy oxcopts ouly tho two of thrée ine- « bub thoy are dotug well, v, 80 that wo avo woll watorod, Nghled, gow. ’ dividuals who huve *committs Rinati undor tho clonk of politics,'™ el o