The New York Herald Newspaper, August 14, 1859, Page 3

Fettrceriaines ics Austria could bayo been led into error 8 fo Smportant a gublect f 4 Frankfort letter in the Courier du awene, Joly 26, saye:—Tho old rivality of Prussia gud Austria, ueived by the mlafortanes of onéand the fanite of the other. ne encted for aa) ianens Of Feaeas MPT higher than she is, on *4 ruins 3 a monarchy, The dr" was known *, a og Serene, ‘Vienna, and it ser "ine PG rudely. A letter from Berlin, of the 26th of July, states:—There ‘wa good dea! of talk here about two ich the Prince Regent bas received. One is from the Emperor of Russia, and the other from the Em of Austria. former in answer to a letter from the Princo Regent on the sabject of the relations existing between the courts of Berlin and St. Petersburg, expresses the most amicable wentimente towards Prussia and her government. The ee of Austria’s letter is said be of a similar or, Berlin—nei- tatter be consoled for baviog been awakened A letter im the Cologne Gasetle says:—To judge from ecrtain facts, @ more intimate alliance between Prussia aud Rossia is being prepared, We are assured, indeed, ‘bat Russia bas promised military succor to Prussia in cage she should be menaced or atlacked in consequence of recent events. ‘The Austrian biryig gmneped iblisher an articte in re- ply to the despatch in which W'te Schleinitz denied the Emperor ot Austra The, Gorerwndence anger europe or net re i ja witness thet for months the moral action of Prussia ‘was rather opposed than favorable to the integrity of Aus wien eesions. Prussia, it is trae, avoided taking the e in any steps tending to involve Austria in a ces won of territory; neverthclees, she has for @ long time regarded the territorial situation of Auetria, consecrated Dy the treaties of 1815, ag a question which Austria might Giepenge with, and has by no means dreamed of offering her a guarantee of that situation. Dresden Journal sece in the German unity move- ment arcvivalof the aspirations of 1848, Afver statiog that the democrats of Eisenach completely mistake the ee temper of the German mind, and that greater na- pe! un‘on is imporsible on account of national jeaiousica and antipathies. ‘The O:t Deutsche Post esys:—The agitation in favor of a German Parliament increases. At Hanover a certain umber of citizens bave eigned a declaration io which tae Prnesian goveroment js invited to convoke a German Par- Hiament, and in which the right of Prussia to take the lead even in internal queetions is fully admitted. If tois movement, which (he Progsian governmentie naturally joclined to favor, should extend, it will exercise a great tafinence on pubiic opinion. The Avetrian Gaztte demande federal reforms, provided fey be under the uspices and the direction of Austria, Tbe Volksblatt, or people’s journal, at Berlin, printe n formal addrees to the Prince Regent of Prussia, calling on him to dissolve the bund, to withdraw from Frankfort, to wet up the stendard of an independent federal Germao union, and fling Austria and its satellites to their fate. ‘The Kieindeuishe courte are denounced as seeking mere srgatio objects to the negleet of national or pudiic inte- 1 ‘The Paris Patric of thd 29th of July observes:—Iet the reflect well on what a confederation is—tet them, example, cast their eyer on the Germanic Confedera- ton. They wiil find rivalities between different Pow- fre; they will see confederates @ho jean towards the North, snd others who loan towards the South; but tne serene of*natiopality is there never if peril. ‘fp 2 con- eration the Powers are not always ia accerd.on domes- tle questions; but they accord on the principle which biads them together. mong the dispossessed crowned heads who solicit ro inetateren' at the hauds of foreign Powers, anew clain ant bos etarted his grievances in the person of Guetavas Vara, bow in Vienna, who, on the death of King Oscar (Bernado‘te) , claims to ascend the Swediah throne of hie ancestors, He has notified his claim to the Courts of Bar Np, Petereburg, London and Copenhagen. From the Kiog of Denmark he js not likely to obtain recognition, inas ouch a8 the inst news trom Stockholm states tue sudden Srrival of bis Danieh Mojesty on board his yacht Falk, o2 @ vinit to the new sovereign, Charles XV. ‘The worke aet forth in the new Belgian bill for the forti. Deations of Antwerp are essimated at 48,927,000f. To make ‘ thie sum 20,000,000f. will be taken from the loan; 18,- 7,0C0f, will be furnished by the ordinary resources, and 10,000,60C1. will be paid by the city of Antwerp. The system of defence, waich differs from that proposed somo a ‘Aime since, will be a line of fortification round the city, much more extensive than the present ove, £0 is to allow the'pepulation of Antwerp, which for some time past bas increaaiog at the raie cf 3,000 4 year, to live more at ‘witnin the ramparts. A resolution has been unanimously adopted by the Grand Jury of Galway, to the effect that tiey are meadfuat Jo their opinion as t the inviolapility of the coutract en- Serea into by the late English goverament in respext to ‘the esiablishment of a transatlantic packet station at Gal- way. News from the Adriaticpresents a droll combination. A Torkieb veseel b23 come into the harbor of Aacons bearing on its querter dock the Inte fugitive Togale, Mon- tignicur Miles), who had fled to Trieste. Tae cdptain who ects ae skipper to thie Ottoman craft is an Eoglisbman, Mr. Newent, and by the joint performance of the crescent, ‘and the uniou jack the Papal functionary is put ashore. Letters from Vienna annouace that the Southern Rail- way bac »ga'n begun to carry passengers, and that goods trains wiligoou ron. M. Mancel, who, at the begizning ‘of the war, resigned bis office as director general of the Austrian: company’s railways, is about to resume his faxctions. ‘The Ost Deutsche Host of Vienna publishes an article on ‘the subject of tne part he Austinn debi to be taken by Lombardy :—Tfhe negotiators of peace will have to fix the “ulate it according to the population would smuch as the populations of some provinces richer then others, and that of Lombardy ‘ie one of the most 80. ‘Ine best way would be to take the amount paid in taxes, if it could be fixed in each province; ‘bot, in Austria, indirect taxes are the principal source of re- venue,andjthey are not always patd in the places in which the articles on which they are imposed are consumed; #0 ‘that taxes would not be acompletely equitable basis. There consequentiy remain no other means of settling the matter than to ceiiraste the amout of taxes which Lombardy is cepsbie of paying, and to bege thereon in round figares ber sbare of the publie debt. The mode of paying the winount, whi ‘er it may be, is of great interest for the creditors of Austria, Lombardy, for example, may take her sbare of Austrian securities, and fu'fil the obligations pi them, either by fixing by lot those which are to be re- imburzed, or by purchasing Austrian paper on different exchanges. Or [ombardy may pay annualiy into the Aus- trian treasury a fixed sam for interest and sinking fand, or ehe may pay at once a fixed capital, which she could obtain by joan, and which the Austrian government could throw into its owu sinking fund. The following letter has been received from st. Peters. borg, dated yviy 15;—Aithough the war in Italy was e) Proved by ns, In many reapécts on account of tbe wu vnfriendly feeling which prevails hero against the Au trian government, our Emperor has always entertainet a friendiy feeling towards each belligerent. The Russian army engerly desired war with Austris, and the Gua bed been apprised that in place of forming the rege usual, it should be the first engaged. One corps d'armée had been coucentrated in Podolis and another in Beasara. bia. These demonstrations were, however, more appa- ren! than real, end I have reagon to know that the Rus. as, poyernment bas contributed tojhe peace just con- eluded. A foreign correspondent of tae Lonion Tim's says:—A gentleman who has just arrived from Italy states that ho faw the people in Nico drag the bust of the Emperor Na- poleon through the kennels of the town. A letier from Paris says:—Ooe of the moxt significant 2 o1 yee Qepudenge in the permanence of peace is to Ye found tn the fact of tng Co'*b ation Of 200 marriagos in ibe different churches of Paris on Saturday last. Lospon boxwy Marwer, Taceday Evening, August 2.— oe quotation of gold at Paris is about at par, and the Comparing theae rates with the Kuglish Mint price of £8 1034. per 0u%co for standard gold, it appears ‘hat Pion, ‘By advices from Hamburg the prics of gol is 41934 terling, Standard gold at the English Mint price is iitorefore Spout 2-10ths per cent dearer in London than in course of Exchange at New York on Londoa for cae 60 days’ eight {8 1103¢ to 11034 per cent, which, tries, shows that the exchange is in favor of fter making allowance for charges of transy: the importation of gold from the United States. ‘The Rogliah funds opened this morning at an advance fractional !mprovement, which, however, was not main- tained. The firet quotation of Cousols was 045¢ to %4, aud ptember the final price was 94% to 96. The markt wae again mipparted, by better accounts from the having been taken to the Bank of Kogland. A tendency to improvement in the Continental exchanges als) had a Teduced and new three per cents, 9536 to 34; India stock, 219 to 272: India bonds, 88. to ds, discount; and Ex ‘Tho demand for money ogutinues active, and there has again becn an incresse in the ‘applications at the bank. 69. 10c., showing another improvement of a quarter por went, The closing prices failed to arrive. mon'zod with the expectations previously entertained o Ue snancial requirements of the current year. The be- £7,000,000 might be demanded, aud i} appears that the ‘amount proposed (exclusive of the £2,000,000 remainin, to be obiained in instalments up to April next. "As this Will leave @ surplus of about 41,000,000 at that period, had been anticipated, Livexroor Corton Manner, Avgust 1.—The sales of eot- for export. The wales include 360 bales £147, to 9344.5 1,200 Surat, 484d to 55gd.; wad and, compared with Friday, prices of ali kinds ero un. ebanged. 4,000 balee, The market closes quietly at prices rather in favor of the buyer. Markets. tort exchange on London is 26,05 per £1 sterling. On ig about §-ldths per cent dearer in Paris than io por mark, ond the short exchange on London is 13.2% per Hamburg. when compared with the Mint par between the two coun- Cifierence of fntereat, tho present rate leaves @ proit on ofaneighth, and subsequently experienced & further Ahey left off at 943¢ to %. For the new account on the ‘ith 8e) Paris Bourse, and by the fact of some Australian gold favorable iniluence. Bank stock closed at 221 to 223; chequer bi'!s, 278. to 308, premium. ‘The eariy quotations of French rentes were 60f. and The Indian statement of Sir ©. Wood last night har- Mor wan that a further debenture loan of £6,000,000 or to'be issued of the last loon fA ba limited to £5,000 000, the statement is, if anything, rdtner {css unfavorable tian * fon to-cay are egtimated at 3,600 bales, of which 1,600 bas, 15d. to 16d. The market closos aeavily, « Avgurt 2—The rales of cotton to day aroretimated at Auvgxvoor. Cony Manton, AgUBL Q—A good AYipudpocy lower, Lonpon Corn Marker—Aug. 3.—Engli slow): day’s prices, but some portion o' that day’s Tae linia transactions reported in Other spring corn unchanged. supply withdrawn. No Owe all Personal In Count de Schouwaloff, who had been sent by the Empe- ror of Russia to Italy on a private mission to the Emperor Napoleon, bas arrived in Paris from Marseilies, The Grand Duchess Helen, of Russia, and suite arrived at Ostend lately. Her imperial highness intends passing ‘the bathing season The sister of Chateaubriand, Countess Maring, living at Dinan, Bretagne, hag celebrated ber hundredtn birth- day, Tne poet mureate of Eogland bas allowed Mr. Ellia, a stopemaron, and an occasional fowl ead to Chambers’ lume of poetry to Among other branches of study to which his royal highness the Prince of Wales daily devotes s2me time is Journal, 0 dedicate a fc bim. that of Italian lderature, Sir E Bulwer aie is and is now at Kne! very much improved in health, worth, Eng., dispensing gracious hos pitalities in bis fine old mansion, which be has fitted up tll it ig a veritable romance in brick. of the brilliant Baronet got atone velvet and sombrero, white There are stories ala Velasquez, in slashed ing the Essex rustios, on a Spanish jepnet, with Andslusian trappings. Mr. Gould, attached to the British Legation at Mexico, passed through Mopile on the 30in ult. on his way to nis destination, Attorney Genera! Black left Washington on the 5th inet. for @ brief slay of two weeks at Fayetie Springs, Penney)- vanis, One of the oldest inbabitants in Virginia that we bave any knowledge of, say the Richmond Dispatch, is a negro woman owned by Mr. £& O Watkins, of Cageterfield county. ® x years of age, and whi She is said and believed to be one hundred and is alittle strange, enjoy ex cellent health. Our informant states tbat her mind i un- impaired, her memory of the ‘good old times” remarksbly ciesr, and her temper quite amiable. Sne hag bad three buebands, to the last of wiom she was may ried withia the psettwenty years Thig old c:eature has been required to perform no iavor for her owner since 1814, but bas siways ied an active and useful life. Io the winter and spring months ebe accompanies her husband to their cabin in the woods, where he devotes his time to the rearing of Swine, and in the summer their residence is changed wo the wheat flelds, where the ewine ere grazod Mr Wat. kine allows ber to want for no comforts of life, and she eppeara more joyous and happy than many women at sixty, Atthe Alumpi meeting ef W:l'iama College, on the 2d inateot, Rev. Mr. Durfee, the General Agent of the College, announced a donation of $10,000 t9 tne College by Dr. Cambridge, Washiogton county, New York, graduate of the year 1818. Philip Van Nets Morria, of The Sheriff of St. Jote; dolars reward for th pb, Mo., hae offzred one thousand eet of Dr. John Doy, who eas receotly taken from the jai! in that city. Dov was cou- victed Of negro stoking, aud sentenced to conflaemaat in the ate priton for five years. awaiting the decision of the S a) tha} had been taken Mm bie c age. Be was confiaed in jeil me Court upon the ap- The jory io the case of S. M Booth,a noted b'ack re- ablican politician of }“couein, lately tried at Milwaukee for seduction, could not ag nd were discharged. A Dew trial ig to be bad at the nex; v2 Of the court, Licutenant Colonel Barns snd Colonel Dns, 6908 of the Scott sh poet, accompauied by their niese. have arrived at the seat of G Bars, Faq., Ko Burns, acon, county Dablin, from Killarney, where they haye been a9- journing for geome time. When the Rev. Baron Stowe, D. D., of Boston, who is now ia Europe, was at Munich, the capital of Bavaria, ne wae sDnOULGe Amerika—My Lord the Baron, from America. Genera's Diea nod Ladmiravit, of the French army, who were wouoded at Solferino, are now considered con- valescent. in the city papers as der Herr Baron aus We read in the Nord:—Varioua explanations hare been given of the nomination of the Duke of Matekolf as Grand Chancellor of the Legion of Bonor. The trath is, that eince his marriage the Marshal has desired repose and residence in Paris; hence he wished for that agpoinument. INSURRECTION IN MINNESOTA H, Sibley, of Minnesota, has issued ing Wright county in a state of insurrection. nor t Governor Henry prociamation declar- The Gover: ‘Twice has an armed mob in Wright county ont reged the public _sentiment—firat, by the unlawful hang- ing of Oscar F. Jackson, after be bad had an impartial by ® jury of that coanty; and, subsequently,on the 34 instant, by rescuing an allegei participator in the crime from. the custody of the civii an. trial, and been’ acquitted thorities. ‘the spirit of ruffianism whisn overtacts, prompt measures will To aseert the majasty of the law, and to subdue thus manifested itself by be taken. Four com. papleg, numbering one hundred and thirty men, have gone to the locality, and four more bave veen ordered to hold themeelves in readiness. Weekly Re, In the ofty and count ‘August to Adults, 184; obil Abscess... ...- +00 Abscess, of the liver. ‘Abecese, of the rectum. Amputation of the thigh Albumiuaria and Bright's disease of kidneys. Ancuriem, Aer! “ Bleeding from womb... Rronchiti#....+.+0++ Burned or ecaided, Cascalty, by fails, Casualty, by ron over. Casualty, by shooting BepSrornnorswncom enon wee ver. ion of the brain, Oongestion of the lungs... Conztipation of the bowels Sonvulsions, infantile, ie ie ® Heme com So Seas S cow m ole Se Cyanosis...... Debility, adult, Debility, infantiie. . Delirium tremens. Diarrhors,.., Dropsy.. 6 hesd.. Drowned oe 3 we Fatty Jive, Fever, biliow Fever, nery Total t of Dea thi ia Fover, scarlet. atic. +s Hooping cough. Mol O18 Premature birt Malformatfon of Malformation of hear Matformation of lung Marasmue, infsntile. asles.. . tification of lung: ra Inflammation of bowels... Inflammation of brain... inflammation of kidneys. Inflaramation of liver... Inflammation of lungs... Ioflammation of stomach. 6 Iotlammation of taroat... 2 1 tH. see eee Rupture of the bowels St. Vitur’ dance, Ula. sesee + eereniag of the brain. Struck by lightoing Suppri Teething Tamor ot or New York, from the 6th day of e 18th day of August, 1859. Men, 88; gece ey wri th i coldred persons, DIRBASZS, Fever, puerperal , 221—Total, 661. 344; females, 317; Wonca Ro com = Be yee) cone Sr mares meres The number of deatas, compared with the correspond ing weeks of 1867 and 1858, and of last week, was as fol- lows:— Week ending August 15, 1887. “ ‘August 14, 18 “ August 6, 1869 “ August 13, 18 Increase this week....+.+.0+ 58. 15 RECAPITULATIONDISEASES CLASIED, Stillborn apd. promstore dones, joints, &... Brain xud nerves... Generative organs. . eart and blood vesse’ Tange, throst, &o., Old 20 to 26 years, W w 80 years. PUBLIC Almahovse, Bik’s Tel'd.... ogue Aospital, Clty Hoapital... . Colored Orphan Asylum. Ieland Hospital..... Lupatic Asylum, Blkl’s Isl. Lunatic Agyinm, Bi’dale.. 2 Qty Inspector's Departan 25 see ll births Stenach, oth ral fevers . 7 7 Sweden.... 2 Switzerland, 18 Onited Staten. 218 Uaknown..., 8 IN@TITCTIONE 8 Urinary organs gestive organs. 299 Uncertain goat and gens- 2 5 2 28, : ; F Bi HH bhatt He iret mod . DOA ceereseeecenees GOL NATIVITIES. 1 South Americs 061 Nura and Child’e Howry’, 2 Randalt’s Tel, Ners. Hosp. St. Vinoant’s Hosp tal 1 St. Luke's Hoepitel Ward’s Ial’d Em’t Boep'l, 8 5 1 Toll... 8, DELAVAN, Gi ent, New York, a y ug" oa ast 13, 1860 NEW YORK HERALD, SUNDAY, AUGUST 14, 1859. SUNDAY LAWS IN NEW YORK. The Opinions of the Protestant Re- formers A’ ut Sunday. Interesting Decision of Lord Mansfield. Collection of Police Orders on the Subject of Sunday Observance, &., mm, ke. THE OBSERVANCE OF SUNDAY IN THE OLDEN TIME. OPINIONS OF CHIBF JUSTICE LORD MANSFIELD. Wow that the Sunday question is #0 deservedly occupy- ing the attention of the whole community, the foliowing oase, which we take from the reports of Blackstone and of Burrow’s, with the legal opinions of counsel and of the celebrated Lord Mansfield, will be read with interest, Al- though, in point of mere law, the Judge was compelled t+ reverse the decision as to the sitting of a court on Sun- days, the arguments of counsel and the experience o Lord Mansfield himself clearly showed that in earlier times noguch exclusive sanctity was ever given to Sua- dsy as has been since assumed for it by the white cravat fraternity. In addition to the bumerous authorities which have from time to timeap peared in our columas, the opinion of gach an eminent jurist and Christian as Lord Mansfeld must come with very great weight. We have given the case almost en- tire—translating the Latin of the old canon law into the vernacular for the benefit of sueh of our readers as are unlearned in that tongue—as it forms a brief history of the principal steps in the progress of legislative ensct- ‘ments in relation to Sunday, whereby tnat day gradually acquired that measure of ranctity which properly belongs to it, and clearly pointing out what that measure really iz. Swan vs, Broome.—S. C. 3 Burr, 1,695. Error from the Common Pleas on a common recovery, in which Tomas Broome was defendant, George Green the tenaat, and Eoward Swan the elder and Edward Swan the younger were vouched and voushed over the common vouchee. The writ of evtiry was returnabie crast Pur., on which day the writ of summons (1) ested, and made retura. able in one month of Rerter. rror arsigned was that the returo of the writ of summons was op Sanday, the 13th of May, on which day !t is entered on the roll that tne souchers came, &c ; whereas, in fact, on that day Edward Swan, the younger, died. Walker, for the defendant in error, argued that the judgment was given during the life of Eaward Swan, for it enall relate back to the first or estoga day of the term (2). Every term baa several returng. Eaca ret iro \8 divided into several remarkable days:—1 Toe easoign day; 2. Tne day ot exceptiona; 3. Toe return day; 4. The quarto die pxt (appesrance day); the dies amoris, or day of grave. In Stanford & Ceoper, Cro Car., 162, a statute was acknowledged 22d January; a jadgment entered the 233. Determined, that the judgmest related back to the esroign day, 20th January, aud therefore was prior to the statute. Dyer 861 a; a release on 21st January shall not stop the taking an inquest on tho 234, by a plea puis darrein continuance : for the continuance, on which the in- quest is by relation taken, ie on the egscign day, January 20. (Litt, Rep 186); the eesoign day is the ro turn of ibe writ (1 Balat. 85) ; judgaent in full terin shall bave relation to the eesoiga Gay (stea.,) 882, Fuller and Jocelyu:),the party died 18tn April; judgment signed the 22d, ‘I: sta! bave relation to the 164m, waich wae tne firet day of term, and be vail, Tae etatute of frand bae reezect only to purchasers, and is therefore conclusive, tbat in other casts judgments shal! still relate to tne firat OF eeto'gn day of tae term. Secondiy—It the term muet be divided becaus: the writ of eummons 1s exoresely re turnablein one month of Esster, atiti the judgment must relate to the esacign cap of that return, viz: 13ch May, on wheib day Edward S#an was living. Onjection 1. Juegment sha'l not be intended to be gtren tN the. 16th of May. the quarto die prat, it being a jadg- ment oy defauit, according to the’ distinction in 1 Bulser, 96. Answst. It eppears by the recor! that Edward Swan wae present in cc"rt on the return day; therefore it is no judg ment by defauit cf his appearence. Objection 2, The rewu>* day is ona Sunday, therefore it cannot be intended that judgnicnt was given tha! day, but at tocnest cn the Monday following. a 7e Answer. Sundays have been differentiy considered in dif ferert nations and at Sef pated Vide sist. 28 Ed. 3; +6. Hen. 6 c. 6; 4 Ed. I ; Oo. Litt. 135, a. ; slat. a 6 Ed. 6 ¢. 8; 1 Eliz, c.2;1 ‘Car. 1 6 1; and 29 Car. 2 ¢. T(c). Sales made on a ‘Sunday are good. Cro. Eliz. 485, Oomyus and Boyer. In tre present year, 1764, out of seventeen general return days nine_(thegreater part) are on Sundays; svn must always beso. Inall cases, unless prohibited, Sunday is a good legal day. Cro. Jac. 59; the term was adjourned on a Sunday. bycr, 154.8 , entry of an cesoign shal! be on the Sanday and not on the Monday following. The statute 29 Car. 2, c. 7,8 6, is confined only {o serving writs or execating judgments on Sundays, and the prohibition proves what the rule was before the vrohibition was made. See also Alsop & Nicholis, Common Pleas, 1 Burnes, 207, ef cas ibi cilat (std cases there cited.) Thus far upon technica! reagons; but if we cougider recoveries in their more eularzed ‘and sensible constroction, as the mode of conveyavoe by’ tenant in tail, who in bis lifetime bad completed every materisl act,'the presont case will bo entitiod to favor, and the court will avail themselves of techuloal niceties to substantiate this moje of cogveyance. Bewit Sergeant, for the plaintiff in error, argued, first, That when the writ of summons issues, the party cannot be intended to appear, either in pereon or by attorney, till the day of tho return (1, Leon £6). Second, That there can be no judgment, but on the sppearamce or default of the parties, on the day of the writ of summons. For the t noauswering tho writ of eummous wee a breach of the feodal duty, and the Jord thereupon might teize the land id give them to the demandant, who became his tenant; and thereupon the writ of grand cape is founded. Sce for the prozeas on de- fault on recoveries, tal. Eutr. 240, 288; Booth’s Real Actions, 43, 44,¢. 17. 3d. Thst nojudgment can be in tended to be given on the precise day of the return, which ie Sunday, and therefore a dies non; bat on the morrow, being Monday, the day after Edward Swan died. fo support which he cited 6 Mod, 196; Salk, 626; 6 Mod, 250, Davy and Salter, &, Plowd, 2¢5, a; proclamations of » ine on a Sanday are ill, be cavee ‘the jastices cannot sit in back on a Sanday (i Ventr., 7); 0 original terted on a Sunday is bad (2Saund., 991); court beet cannot be held on a Sunday, &., &o. Soa writ of inquiry cannot be executed oa a Sunday. Walker, in reply, allowed that judicial writs must be returnable on such day withia the term as the Court sits upon, because the Court did not usually sit on every day, but appointed certain npecial days for the parties to appear end answer. Wherefore if juticial writs are tested or returnable on a Sunday they are bed, But be insisted that the Jaw was otherwise of origival write, the Court being siways euppozed to on the general returnday, which distinguieaes them from the by acts of the Court, such as proclamation of a fine, &c. Lory Maverrerp, Cmer Jvps.—When the terms were first framed, and £0 maoy return daye were made on Sundays, can it be suppoeed that the Court did not then sitom Sunday? I myself have sate in Pariament on a Sunday. In Venice they sit on Sundsys to administer justice. The Rota sls on Sundays. This case was again argued by Giynn, Sergeant, for the defendant in error, who alleged:— lat. That days of appearance are of two sorte, sompulso ry and voluntary, and that all amicable proceedings have relation to the latter oniy, & , &¢. _ 2d, That the essoign day being on a Sunday makes no aif: ference, That burness wis formerly transacted on a Sun. day may be inferred from the number of reforms which are jie on Sundays, Tost Sunday is etiil supposed the tecbnical day, though in later time no business has been done thereon, Several thinge are permitted by iaw to be done on a Sunday; Cro. Car, 460, the court was adjourned to a Sunday, and it was gaid the court will meet om Suz- Gaye for the purpore of a government. If a county b? adjourned to e Sunday, and election of knights of the shire be necessary in the meantime, they shall proceed to electim that day. Ine writ of right the appearance must be on @ Sonday. Notices to appear are alwa; made out for Sunday, if that be the eseoigu day; if the Monday is ingerted im itg stead, the notice has been held bad, Ju- dicial writs made returnable on a Sunday are bad, because there is no day of grace. Dyer, 312. But upon originai write the return is made on Sundays, because the tenaat may bis option to appear on that or a gubsequent day. m i Blackstone, for the plaintiff ia error, admitted that there was no fraction ow day, and if any judgment couid have been given on a@ Sunday, it would be enfficient if Swann was. alive on any part os it. In support of his argument, he qimet Spelman (0! the terms) to show that formerly all the year was one continual term till the Church interposed, and exempte 1 certain holy geseons from profanation which occasioned the rcveral, vacations, Certain festivals aud all Sundays wero likewise exempted. As to Sundays in particalar, they were protected by a canon of the Church and an im perial edict, ettil extant in the Thoodosian Cove. Aud in England, Li, Edw. Conf, c. 3, established the Dies Pacis to be from three in the afternoon 03 Saturday till Monday morning. Stat. 51 Hen. 3, called Dies communes in banz0, did not regulate the length of the terms, but appoiated, or perhaps confirmed, certain days for return of wrllg. The learned counsel continued at leagth with eitilar ar uments, BMlord Mascrrety now delivered the resolution of the Court, “That the recovery was bad, because no judge. ment could be supposed io be given before the death of the tenant in tail. That this judgment could not re'ate to the first day of the term, because it could not be given efdre the return of the writ of summons, which appears by the record to be im the term, That it could relate () The writ of summons (summonens ad tearrantizilw m) abould be tested within fonr daya inclusive from the return of the writ of entsy—(priecipe quod redd): Barnard ve Wood ock, post 1,201, Cruize’a seo 119; end the writ of sam- tops must (by 24 Geo 2 ch 48, gec §) have four re- turns, both inclusive—Ibid Where the vouchee appears br sitorey, the warrant of auorcey should bear date afier, the teste of the writ of summons; but | a4, the ‘youchee may appear in persan withou' any # ie Warrant of aulorbey to vouch bear date before the writ of tum: mona, the recovery will be good, though the warrant sad other procem be void; for it aha) ve intended thet the veuche® belo preeent in Court made the attorney, (Wyane vs. Lloyd, 0¥., 180, 1 Bid,, 218, e., &e ) @.7 : any of May. The essoign day ie ie re: zi thet year was the alsth ensongn day of Znaver Term in that year wd tho 4318 term; but commonly apessiag, the appemrance dsy or quarto dic post la Bo considered, (©) See the cases aad status ooilected tn Burns’ Justice Ut, Lord's day. Nore —{t appears from the journals of the Commons that noon bod y @ eudden desth of bis Majesty King ieorge the secoad honeer ot Parliasaeat met “et Tes, Slook. ai. Dn nic? ith October, 1760, purduant to the statute of Aw d Be werd Dot appearing to administer the ont they deported without progeeding to buaisess or making A>: foros! oj /Urament, onty to the the world of summ wer | cusaty te ncemant appuarete tare been a wa gras | parame pus wae Wenn wad open ®t Bunlay, 06 Which Souday to Nocant Sr to ier ta thet a meee a law, you will option tho plracus orf Se pper sorry ourselves {© reverse | consequences of such of ‘Bia Loréahip also yas hich his | ® common resovery upom such an objection to tt, Tepetition ~ aia | oniaion was rounded “in which (hese paanugos oocur'=- havo iraiod bard ot i hoon by any gcinscte | '?*POon wil you enorae och ER But (hss esoign day’ of the writ of summons ig upoae | De . But our {o sup. Dann, Caxreran, Deputy Gugino nee Suu umi ser caremomateas | may meee eeeeat eee rer Bue tom could not be ven on a Sundays ” d |. Judgment ; _ bad Ornice ov Tux Dgpvry , . It ie clear that if the Cvurt could not sit ona Sanday it | _ A Writ of error was brought fo Parliament upon this Naw Youx, Jano 19, 1868. would be impoestble for this judgment t> bave beea given pease ie death of tho tenant in tail, for ne died wpan thar to the judgor the following question, which was The tingle question, therefore, is, he Osurt | , “Whether the recovery is - can sit cna Sunday ahd jive a vatia’judenon?” turn day of the writof aunmiye. being’ ou Sumiap® the No express direct authority has been cited in proof of the | 18th cay of May, on which day Eaward Swan the younger sErmatve da of hie question. Tboge authorities that have — chielmain ant Bu} t of It, have been onty 5 on vered the unsaimous opioion from whence such « conclusion might, 9s Ris said, be | of the judges: “That the recovery is erronerus.”” drawa, and adjudged that the judgment of the Court of King’s Bench be affirmed malted, to the end such san ane sevens Te. ‘oceedings may be had tuere- ‘the Wuetiee Cote upon a8 if no such writ of error had been brought into ates, ct oti ak the remas of Ht appar In Si tals house. * an vf ge ig nei gdh a BRIEF ANTISUNDAY SABBATARIAN TasTI- Chrietians practiced 10 his of law MONIES, days mong tho first Christians, all times NO, 1. oe ee nae eine, Oarutiane ot fiat (citd | TROTIMONY OF THR MOsT DisTINGUIEHED PROTEETANT ike for heari causes, ring REYORMERS OF THE 8!\ TEENTH C! . keemeth) the ital ‘Pray bechiwostocotne for it, | 1, Maza Lurume, tur Gr “ Dexetaemamena icale One was, in opposition 10 hesthens, who were supereti- tious about the observation of days and times, conce:ving sothe to be ominous and unlucky and ethers W be lucky dnd therefore the Christians ald aside all observance o dsys. A second reason they aleo had; which was by keeping their own courts always open to prevent Christian suitors from resorting to the Deeihes courts. {s Do necensity of keeping »' (the frat day of the week), but Af we do it ought not to be vn account Mosoe’ comand me jain SIy EROS Any CON ootaxp te (Sunday's) observance upon a Jewish foundatien (4 ©, upon theground of the fourth commandment), Idirect you to work on tt, to ride on it, to dance on it, to feast on 't—to do apythiog ‘hat shall reprove this encroachment on the Christian spi But in the year 517, @ canon was maie, “Quod mullu | rit apd liberty.—Life (Michel-t’s) 8. 1V., ¢. 2, and Cole epticopus vel infra positus die domintco causas judicar- | ridge’s Table Talk, May 19, 1834. yravumat.” ‘That no Bishop or any person in’ aa iafe %. Pump Maran catcN, Lorigr’s Frrxp axp Co Lasor- Ex.—Thote who judge that by the authority of the churn the observance of the Lord’s Day ans been substituted for thet ef tte Subbath, as if meocetary (or of Divine obliga- bop), greatly err. The Scriptare hay abrogated the 3ab bat, teaching that all Mosaic ceremonies may be omitted a “> a apnetl doe been presshed.—Augeburg Confession Fd ), p. 8. Jonn Eaves, THE Great Guxevan Revormen — “Though tbe Sabbath {s abrogated, yet it ie still custo mary smovg us to assemble om saicd di ibe word,” * & “The Lord’ ts served by vs upon the prince! of Judaism, bocause the @ifference between us and the Jews in this respect is very great; for we celebrate it (the firat day of the 2 ince ‘with scrupulous rigor.”’—="‘Jnstitutes,” B. IL, op ioe position, should pregume to adjadisate on cauees on the Lord’s day.” And this canon (lor exempilog Sundays.) ‘Was ratified in the time of Theodosius, who fortides 1 With ap imperial constitution: —"'Sulis diz, ( dimint cum recte dizere majores) omnium omnino litum et nrg tio rum quiescat intentio.” “Oa Sunday (#bich oy our guces: tora ig very properly called the Lord’s day) every kind of Ciepute or bueiness eball altogetuer remi a.” The whole canon is also decreed verbatim in the capitu-- Jars of the Emperors Carolus and Luaovicus. ‘There are likcwiee several other canons taken notice of in 's Originalof the Terms, One of jthem wax made in the Connell of Tribury about the year 895:—« Vulius pol — ee , diebus domit Sanctorum in seu quadragesima, aut jejuniorum, placitum habere, sed nec populum, (Wo presrumniis tohervane.” No magistrate, and in ebort, no kind of secular authority, shall bold a court cu the Lord’s Day,or on Holy Feast Daye, or in Lent, cr on Fast Days—neither shall any at tempt be made toccerce the people.” Anovver of them Was made in the Council of Erpfard in year 932, and after. ward became general, upon being taken into :be body of the canon law, by Gratican; and Sir Henry Spelman takes it, he sey#, to be one of the fo yp etoaes to our terme—"Placita sccularia domi vel alijs fes- tis dicdus, seu diam in quibus legitima jejunia cele. brantur secundum canonicam institutionem minime fiert velumus ” ‘We determine that there shall be no recular pleadinge 02 the Lord’e Day, or other holy cay; neither on ety dayson which lawful fasta are celebrated, accord- tog to carovicai sppointment.”” It goes on and ‘appoints vacations But these vacations were enlarged by the Council of St. Medard:—+Deerevit sancia syncdus, ul a qvatrogerima utqtiead cdavum Pache, ¢ ao advintu Do- mini wque ad cctavam Epiphanio, necnon in jejunijs qua tucr tempor um, ef in Litanijs majortbus, in “drebus domi Gis, et in disbus regationum (nisi de comcordia et pacifica- tione) nullus supra sacra ia jurare proeumat.” “the Ho'y Synod decrees that, from Lent un til the eighth day of Easter snd from the Lord’ Advent until the eighth day of the Roiphany, as well agin the fcur Ember weeks, in time of general supplication, the Lord’s Day, and in Rogation Days (whe- ther in agreement or in matizrs relating to peace) no one shall presume to ewear upon the Holy Gospels.” By which expression is meant that po causes should be tried or pleas holden an those day. These canons were received and adopted by our Saxo Kinga; and Eiward the Coufeasor made the following con- stitution. Ab adventu Dominé usque ad octabas Epi par Dei et sancte ecclesia er omne vegaum; su septuogesina usyue ad octaba: Pasche; item, ab ascensime Domini usque ad o-tabas Penticestes; item, omnithus Deibus quatuer temprrum; tm, emnibus Sabbatis ab hora nona, ct ola die sequenti ueque ad déem lune.” “From advent antl the eighth day of the Epiphany, the peace of God and of the holy church sball reiga everywhere. 0 like manner from the seaton of Septusgesima until the eigh'h day of Faster; also, from ascension day until the eighth of Pentecost; also, every day ofthe four Ember woeke; aizoercry Sabbath (Jewieh) from mine o'clock, and the whole of the next day untsl Monday. These catons end constitutions were all comfirmed by William the Conqueror and Henry the Second, aud e0 ba carse purt of the common law of England Aiterwards, in succeeding times, there hsppened several aiteratione and relaxations. The etainte of Weatmiaster the first and ojher statutes, were made to this purpose; and tage, or perhope poritive laws not now extant, diepensed With other Gays that were formerly upjuridical. The Mirrovr of Justices ways, “Abusion ot que: tie pleas dimenchs ou per quters jours dfen- dus, ou devant le soliel lvic, ow mectantre, ow in dishonest lien.” It se an ebuee to hold pleas on Sundays, or on apy ot bibited day, or before the iting of the wate it midnight, or im a dishonest piace.’’ 4. Tuxovor® Brza, Carvin'’s Frigwp AND Co LABORER — “There wes no cessation from all work reqaired (of Chrietiaus on Sunday) ae was obecrued among the Jews (on the seventh day). This cessation was fet brought in by Cousteotine (A. D. 321), and afterwards condrmed, With more and more reetraints by the following Eu: Ferore.”— Beza on the Agocalypte,” ch, 1,v 10 & Une Zeincia, Tak Great Swiss RerOKMER —“If we think the Lord’s day fo sifixed unto any time that we Conce've it an iappiety to cowoge 1s unto another (than the fret cay of the week), this woals, indeed, make it be- come aceremeny.”” * “It ig lawful on the Lord’a Gay, alter the end of Divine rervice, for avy man t fol Jow and pureue his ordinary labore, as commonty we do ip time of barvest."—Ad Valentine,” Tm 1, p. 254 6. Howry Buruxcex, ZvinGie's Frresp AND Co Lano RER.—“Io memorial of our Lor reeurrection, churcbee set apert thie day (Sunday). * * By their own authority and of their own accord, they made choice thereof, it being powhere to be fund (in Scripture) that it was comme ied.” —"\ Comment. on Apocalypse,” ch. 1, v. 10. 7. Wnuam Tyxparx, Leaner oF THE REFORMATION IN Exciaxp —We be jords over it, (the Sunday fes'ival,) and may change it to Monday, or any other di fee ueec; Or we may make two such festi: week, :f it were expedient.—“ Works” B. 1, ch 8, Tuomas Cranmer, Tue IusiNGuisuaD’ Manryg —The Jews, ip the Old Testament, were commanded to keep the Sabbath day; and they observed it every seventh day, calied Saturday. But we Carietian men, in the New Tes- tament are not bound to such commaudments of Moses? Jaw, concerning differences of times, days and meats, but bave liverty and freedom.—Ca‘echism of Cranmer,” on Decalogue. 9. Many Becer, Drvisity Proresson ar Campaingr = To bold that working on the Lora’s day is, in itself, con. sidered a eipful pare ig @ enperetition— an apostacy from Chriet. * * * Tdo indeed well approve of the Lord's day meetings, if there pe excluded from men’s miads all opinion tost the day is necessary to be observed—taat it is holier, in iteelf, than other dayg; and that to work apoa that cay, és, in iteelf, sinfol —“ Comment on Apocalypse,” ch. 1, v. 10, 10. Peter Martyr, Divinity Prorgesor at Oxroxrp — Th; the appointment of w dey for public worship) Ch elt tosatiy unto the liberty of the courch 10 d> therein what should seem most expedient; and the church ¢id very well, in that she aid prefer ihe memory of the resurrection before the memory of the creation.—Cum- ment, on Genesis,” ch. 2. Ti. Thomas Cartwaicit, “Tae Faraer oF THe Porir- TANS —Holy daye (without exception) are coaventently to be abolished; left, as he elsewhere says, in speaking of preachirg at, buria‘e, as it may be done convenient'y, i. ¢. made a matter of convenistce merely, not of neces tary requirement, because, otherwise, ae be says, there ig danger they may uourish the superstition of some — Renee of Church Government; Neal’s Puritans, App, 0, Lord Coke, in his ge: titute, page 264, comment- 12. Rowert Brown, Tre FaTurr oF THE CoNnGRiGAtion- ing upon W. © bl, Ia she common law, there | aLists.—We tay that religion is ticd to no time, nor ts one be dies jurid aud des non juridict (days of jurisdic. | dey more bely than another; but, because time must be tion apd days which are not) Dies non juridict sunt dies dominici—that is, the non juridical days are the Lord’s days throughont the whole year.’’ In Dyer, 1€8, pl. 17, upon a jadgment given in tae Common Pleas’ in a scire faccias upon a recognizance, error was ue igned in that the teste of tue scire factas was upon & Sunday, wich is wotdics juridicas in Banco, the teste being the 28th of November, which happening tha’ year on Sunday, the term ¢i1 not end ti!) the 29:b. In Sir William’ Jonee, 160, Docioo ve Alps, upsn an ia- formation in the exchequer for evgroesng’ butier aad cheese conti to the statute of 5, 6 E. 6, aud @ verdici aad judgment egainst the defendant, and’a writ of error brought by him in the exchequer chamber to roverae it, and a reference of it by the court to Hutton and Jones, the firet error avsigued was, “that the information was exbid- ited in court on the 13th of Octobor, which in that year ) Jomes, 1) was Sunday, and therefore not diet juri- ficus,”? But it was resolved by Hotton and Jones that it was good; for although it was not dies juridicus for the award of apy judicial provess, or to’ maka an entry of any judgment on record, yet it was good for accepting an information upon a special! law (of which kind of ia- formations many precedents were tbown). And upon Hutton’s delivering bis own and Jones’ opinion to the Court, they affirmed the first jadgment, notwithstanding the errors. But at the eame time that these two Judges held it good for accepting an information upon a speciai law, they said “‘that Sonday was nota dies juridicus for tie awarding of any judicial process, nor for entering avy jadgment of record. Tue awarding of prosess and the giving of judgment are judicial acts, and therefore cannot be eupposed to be dose but whilst the Oourt is actually silting. As to writs being returnable on Sundays: Writs wore formed in those mes when ihe courts of justice mignt rit on Sundays; and these ancient returns, which were pot impreper when the writs were first formed, heve contin- ued ever since, without being altered in su times, The canons did not at all interfere, 80%as to make any alteration in them; for the canoas extend their pron'bition no further than against awarding process and giving judg- ment and euch like acts of Court on Sundays. So that the writs bave continued in their primitive form: but no business can be done by the Court until Monday The day of their being actuaily returved ie therefors aa certainly known as if the writs were returnable on Mon- day. Fitzherbert, in bis “Natura Brevium,’’ under the writ de warrantid dizi (to exougs the default of appearance ia cours at the day assigned, oa account of being in the king’s service on that day), specifies one of those writs in theee words :—‘Rra, etc., sciatis quod A. fuit in servitio nostro de lune in crastino quinden Pa:cha’ prozim pra'e rit; la quod ¢0 die interesse non poluit loquela: ext inter, dc.” Toe king bere states that A. was in bis service on the day in question, which was noxt to an Easter holiday, and therefore the day wou'd not be coneifered. Tn 12 Edw. 4, 8, D. pl., 22, upon a demurrer, in an ac. tion of trespass, Brought by the prior of Lantony, Pigott saye:—'If the day of a return, scilicel the quarto die falls in die dominic) (on & Sunday)'no court shall be holden, but on the day following ”? As to tbe practice of giving notice‘'to appear on the Sunday:’— The. sewer ia, that while the courts did sit upm Sundays, the notice must follow the practice then had to hear the word of God, &c., therefore we keep the Lord’s cay. . . . We thiok that those foast days of Christ, a8 of his birth (Christmas), Circumetsion, Pass- over, Regurrection (Raster and Sunday), and Ascension, &c.,may, by Obristian liberty, be kept; gecauss they are only devoted to Christ, to whom all days and times bo- long. But dasa dedicated to Saints, with faste on their eves, we utteriy dislike.—Cumfeatims of Field, Browne and other nor.corformists, imprisoned by Whitpift. Dated Newgate, December 4, 1072, Neal’s Puritans, wl. 1. p. 122, J. L' atvd. * SINDAY LAW POLICE PROCLAMATIONS. NINE GENERAL ORDARS IN TWO YEARS TO THE POLICE CAPTAINS ON TH® SUNDAY LAW QUESTION—THEY LEAVE OFF WHERE THEY BEGAN—NO PROGRESS EXCKPT IN REGARD f0 THE NEWSBOYB, ETC., BTC In crder that the pubWe may see how little hag been done by the Metropolitan police in comparison to what Was promised with reference to the Sunday law question’ we reprint the various orders which have been fesued on the eubject—a collection of Dogberrian documents rarely equalled and never excelled:— OFFICE SUPERINTENDENT METROPOLITAN POLICE, } New York, July 6, 1857. To-——: For the preservation of the peace of the city, and in accordance with the provisions of the twenty. first section of the act entitied “ An act to establish a Metropo!! tan Police district,” &c., you are directed to instruct the severai patrolmen under your chargo to strictly eatorce the law, by cauging to be closed on the Sabbath all places where intoxicating liquors are sold; and in case of any Violation of the law to report the same, that its penalties may be enforced. If any member of the patrol force ne glects the performance of this duty you will please report him forthwith. F. A. TALLMADGE, Fi Superintendent of Police. ‘ GENERAL ORDER NO, 18. OFricg OF THB Deruty SUP&RINTESDENT OF PoLice, Naw York, August 8, 1837. To CAPTAIN ———= ; The following request has been mado by A. Oakey fall, Eaq , District Attorney. You arg di- rected to comply With tte game. F. A. TALLMADGE, Gen. Bup’t, Danie Carrenter, Deputy 3up’t. Disrricr Arrorsey’s Orrice, August 7, 1857. F. A Tatumapar, Gen’! Sup’t:— My Dear Sir—Picsee esy to the captains or acting in- epectore that this week 175 civil cases have been com- menced for the Sunday penalties; that next week I will alternate with criminal prosecutions, and to thie end re- quest those officers to detail two men to go through each preciuct end report belore — o'slosk, Monday mogaing. vo me at my office, as heretofore, on the slips the of such well cetabhiahed offenders who have the open sale ef liquor going on August 9. The officers to alao came in person at that time, az Iwill directly send them before the Grand Jury. They com very shortly exhivit each in turn their liste and report allirmatively tothe question, “Did the person named in his list openly expoze for sale inloxicatiog liquors, or thoee having the semblance?” If they willaiso copy the sign, @ BLOT. ‘f i! mt A. OAKEY HALL. GENFRAL ORDER NO. 39, , and must, of consequence, be given for ap- v = potted on tte Sunday; but naw that old practice Orne, oF sux Daecrr, BUEameasDaRt 97 ty “of their aciually sittiog upon Sundays’ being KW YorK, Ost. 10, 1857. To Caprais——: The District Attorney requests th? captains to continue their reports of the violation of the Sunday Liquor law. You will, therefore, direct the pe trolmen when they go on theic posts to morrow to very particular in taking the name'and residence of all those who are violating the said law. The officer will algo sign big name to the report, these reports to continue weekly until farther orders. F. A. TALLMADGE, General Superintendent. Dania: Carrere, Deputy Superintendent. GENERAL pdt wo. 88, ane DRPUTY SUPERINTENDENT OF . Omen, ea New York, April 6, 1858. } To Cartan ——: Tho Board of Police have directed thet the laws of the State of New York, and ordinances of the Corporation of the city of New York, respecting the observance of the Sabbath, be distributed in the various precincts, You will accordingly have them go distribuved to the members of your command, and you will ees that each member has a copy of the same. F. A. TALLMADGE, General Superintendont. Damier Canventer, Deputy Superintendent. GFNERAL ORDER NO. 91. OFFIck OF THE Dervty SUPERDATANDENT OF PoLicE, New York, April 24, 1868. To Cartas———: Yourself and members of your coromand have been furnished with the collated laws of the State of New York and ordinances of the city of New York respecting the observance of Sunday. Accom- pany'ng these laws and ordinances, on page 3, are the re- solutions paseed by the Board of Commissioners of Police on the 284 of February last. You will use every eifort in enforeing the laws ake iene Leet agile bs! re- lation, &8 directed in the secon: sain A. TALLMADGE, General Saperintendent. Davitt CaRVERTER, Deputy ce oeragee GENERAL ORDER XO. 96. SUPERINTENDENT OF Pouce, Orrick OF THR bebe = May 2, 1888, bs To Cartam ———: The Commissionors directed the Genoral Superintendent to enforce the law altered and at an end, these notices must no cesgarily relate to the Monday whon the courts do sit, and before which day they cannot sit; and therefore the de- fendant cannot be misled by haviog notice given him “to appear oa the Sunday.” Y As to the obgervation that “ the courts of justice have never been restrained by act of Parliament from sitting oo Sardays, and that the 20\h of ¢. 2, ch, 7, does not extend to giving judgments;""—— I was néediees to reatrein them from it by act of Par- lament. They could not do it by the canons anctently received snd made a partof the law of the land; and therefore the restraining them from it by act of Parliament would have been merely nugatory. But fairs, markets, 8) |, and pastimes, were not unlawful to be boiden and used on Sundays at common law; aud therefore it was requisite to enact particular statutes, to probibit the use and exercise of them upon Suadays, ss there was nothing else that could hinder their being con- tinued in uso. In Mackalley’s, in 9,Co,, it was objected “that Sunday is pot dirs juridious, and therefore no arres; cau be made in it, and every one ovght to abstain from secular affairs on that dey.’ But it wes answered and resolved that no judicial act ovght fo be done in that day, but ministerial ‘acte may be lawfully executed in the Sunday.” It has been “that a were {deal relation to Sunday could not come within the notion of a profanation of the day; as it ig only & fiction of law, not fout upon an actual fact of the court's really eitting and gi#ing jadgmont upon that day? + the answer to this is that if it be impossible for the conrt to elt on a Sunday, then there can be no such rela- ‘Hon, for ap abeo!nte tm possibility cannot be supposed. Tr has been eaid, ‘Phat the tenant io tai had done all that was essential for him to do; the reat was only form. ‘The apewer ig—the law requires as essentially necessary to validate a common recovery, certain forms, solemni- Her, or ceremonies that haye ‘analogy to real suite; it keg theno requisites absolutely and casentially neces- ry to the complition of it. And till it fs completed it is ne recovery, RO Conveyance: the tenant ja tail has not regv'arly and properly executed the conveyance by which be would cut off the in tail, defeat bis own \seues, and bar the remainder. A conveyance not properly executed js the fame as no conveyance at al!. Here he died fore the return of the writ of summons, and beforg he r did or could appear to it ; for though the writ is in words, nade returnable on the Sunday, yet as the Court couid not kit on Sunday he could not possibly appear to it before Monday On the face of this record, it is manifest that the tenant In teil Could not have appenred tilt Monday and no judg. ment cou'd be given against him til he had appeared. It ie tapoetible, therefore, thet thie judgment could be given before Monday. But he died ea sunday. Conee- seen pe the sale of gt me a th ae on the yng eo ‘the Shut tection of the Iaw eatabtishing ri Metropolitan Police district forbids the carte pectin’ to Hiqaore on that day under & penalty, pnd a the State forbid the vending of other articles oi Sp hp dige on that day. The cryin of So napanecs at. jan: y Gisturbe the quict of the day’ Is a violation of the law, ani is neubject of earnest complaint by a large body of our st reepected cittvens. ‘Yon will instract the men under Four command not only to report all violators of the Sab- ta Dut to supprees the crying of newspapers on that day.’ The jaw authorizes tha forfeiture of wil property of- fered for on that day, except milk aau Mah in the es eee Omnee oF tix Durury SuPeRuvreyDENT OF Nuw York, Doo, 30, 1868. Homi, resolution wae passet ‘y inst , whica will read to the members of yo a the tmons patna ve eee Ome ecm, and take Resolved, That the to issue an order to the poll on that day, F. A. TALLMADGE, GENERAL ORDER NO. 158. Orrice oy Tae GenkeaL SureRmrenpesr, }° ‘New Youk, August 9, 1869, To CAPTAIN ————, ——= Precinct:— Certain statutes of the State declare that it shall not be lawful for ap; are preserved. The police are reqaired to deal with jaws as written. Yet whenever the policy of such laws is not cheerfully acquiesced in by ali citizens, their bene- ficial reu't depends much upon the manner in which thete iaws are executed, Hence ia the enforcement of these ‘Sunday statutes, while you are seein to be.firm, im- pertial ana discreet, 50u will nevertheless be expected to Pey careful regard to the rights of our citisens, witioat injury we pablo Order or private r to observe the reapective aud sccusto methocs reat, <cevotion ie me few weeks pret the laws against puolicly Keeping and Selllag intoxicating liquors upon Sun lay have been Gene. rally observed, and it is but just and proper that ali geged in the trafie should be subjected to the equal ope- ration of euch laws. You will therefore ins.ruct | members Of your command to see that all places in your recinct where intoxicating liquors are publicly rate on lunday shail be cicsed in future on that day. AMOS PILLSBURY, Gener ‘aperinten jent, Daniel Cakvester, Deputy Superintendent, THE ISMS OF MASSACHUSETTS. Wendell Phillips to the Chief Justice and President of Harvara © To Lemuet Saw, Chief Justice or usetts, and James WarKER, President of Harvard Usiveretty:— 1 WhO, immuany, are GENTLEMBN—Now, that the{preas has ceased its ridicule: of your homage to Morphy atthe Revere House—s criti- cism of littie importance—I wish to present the scene to you a difkrent ight. You, Mr. Chiet Justice, represent the law of the com- le of intoxicating drink, and which boasts itself the cham ion ead nead of an organized, figrant and avowed contempt of the laws: of the commonweaith. No was surprised to see at your e'de a Mayor who owes five to the votes of that Gieorderly band whose owef is the Revere House, Few Wondered at the prescnce of » proteseor piaced by private Munificence to waco over the piety and morals of your college, Mr. President; tnough @ manly protest against fathiovable vice m ght ¢o something to redecm the office from teeming on!y wn eves-cropping spy on tne opinions ‘And manners of young men, Bui you, Mr { Justice, know that three quarters, if not four-fifths, of wi! crime result from haviwe of in: tozication; that nine tentos, at least, of all tue murderers you have sentto the gailowa had never been murderers bad they not firet been drupkarde. You caa look round you and back for fifty years and see places at the bar and on the bench, once filled by genms and hope, now va- cant—ineir tenants in drunkards’ graves You know how fearfal the peril which modern civihzation and spe- Ciatiy popular institutions encounter from the cheapness of liquor und the hediv of indulgence io al! our great citieg; you know the iong and earnest labors of noble men, for fifty years, in both hemispheres, againgt tis eviland the momentous experiment they ere trying of legal! prohibition t9 arrest it; resutting here tn a stringent law egama: the sa’e 0! intoxicating drinks. aleo, tua: the Revere House is the insolent leader of that heartless snd eeltieh faction which, defeated before the people, reeks by unvlueuing detlance of law to overbear Opwion and atalute. And you, Mr. Prezident, the moral guardian of the yonpg men of our Univareity, weil Know jis venerable statutes and unceasing efforts w pre- vent the use of wine witcin its walls. You kaow how mary, often the brghiest, names on yotr catalogue, too early marked with the asterisk of death, owe their un- timely end to wine. Both of you know vast the 8 of men polding such offices as yours, goes as far as re- cresnt office and repotation can to make a bad roof re- spectable. YetI find you both at a midnight revel doing your uimost to give character to a hauat woicd coasts its open and constant deflance of the mora! sense of the State, eolemn!y expreseed in ite statutes. No one denies, gentlemen, yoar righ; to indulge what tocial habits you piease in the privacy of yourowa Gwellinge; or, in travelling, to use the customary ac- commocations of an ipn, even though intoxicating drink ig sold on its premises. Few will care to criticise if, choosing some decent roof, you join your feliows aad mock the moral sentiment of the commanity by a public carousel. * But while you boli theee high officer, we, the citizenr of acommonwealth whose character you repre- sent, empbatically deny your right to appear at illegal revele i & gilded grog Shap, which bat for the sanction of such ag you had jong ago met the indictment it de- serves. low can we expect the police to execute a law upon which the Chief Justice pours con- tempt by his example? How shall the Grand Jory indict the nuizance of which the Supreme Bench has for an hour made a part? We, the citizens, have aright to claim that should public opinion, by our labors, reach the point Of presenting these gorgeous grog-shops at the criminal bar, we sball not find their frequenters on the bench. Again and again, Mr. Chicf Justice, have I heard you, ‘at critical moments, in a voice whose earnest emotion half checked its utterance, remind your audience of the sacred duty resting on each man to respect and obey the law: assuring us the welfare of society was bound up in this individual submission to existing law. How ebali the prisoner at the bar reconcile the grave sincerity of the magistrate with this heedless disregard by the woan of most important laws? If again the times should call you to bid us emotber justice and humanity at the command of statutes, wo may remind you with what heartless indifference you treated the law you are sworn and paid to uphold, snd one on whicm the hearts of tae bes! men in the State were most strongly sct. Was it not enough that you let History paint you bowing beneath a elave hunter's cain to onter your own cour: room; but must you algo present yourself in public lifting to your lips the wine cup, whicb, by the laws of the State over whoee courts you preside, itis an indictabie offence and & nuisance to fell. And let me remind you, Mr. President, that even your youpg men sometimes pause amid scenes of temptation or fu our streets where every tenth door opens wo vico— jee at some chance thought of home or risiag regard for e eentiment of the community. And, sir, sould such frail purpcee of even one youth falter before the sight of his President jn a circle of wine bibbers, and that first ‘step lead to @@ unhonored grave, you will be bound to re- member that in the check and example you promised and were expected and set to hold upon him, you wholly failed: that in the most impreasible moments of his life he faw the virtue of the State struggling its sensual in- dulgence, its lust of dishonorabie gain, ite base pandering to appetite, already too strovg ; and in that siruggie he saw your weight ostentati thrown into the scale of open and contemptuous disregard of the moral sense of tne State. Iremembder well when froma pulpit constantly boating that its new creed had thrown away a formal aud hollow faith, and brought in the wholesome doctrine of works, you psinted, 0 vividly, how hard it is for young men tosay “No.” Is thie, sir, the method you choose to illustrate the practical ie Of the new faith, and this the help you extend to the faltering virtue of your pupile? giving the sanction of your character and ofits to the prince of rum sellers and law breakers, and flinging insult on one of the noblest reforms of the age? Observe, gentlemen, I do not now arraign you for your private habit of wine drinking. 1 doa’t complain that a judge, ho sees 80 much crime oome from it, still gives it ‘his countenance; that a clergyman—the chief apostle of whose faith declarei he would eat no meat while the world etood, if so doing made his brother to offand—still throws that’ etumbiing block ia the way of his pupils, But I arraign the Chief Justice of Me usetts, and the President of Harvard University, because when the rum interest of the State is marshalling its strength to beat down the Iaw by grozs, open and avowed disobedience, they are found lending their names, character and office to give Teapeeabliy to the grog shop whose wealth en- ables it to lead that dishonorable ‘and disloyal effort. As ‘a citizen, I claim that you diegraced your places, if not ourgelves; and I hope the day will come when such insult y such bigh officers to any statute of the Commonwealth, much more to one representing its highest moral purpose, will be deemed cause enough to remove the one and im- the other, WENDELL PHILLIS. Avever 1, 1869. —<$__——_ The Underground Railroad. caters (ine) Baptist cbureh on the Sth ins At the 9 Mr. Still, of Phitadelris, addressed an an present condition and prospects of the un J. He said that tho road was phir calamities, and that it had kicpoentty met with some batructions, which might chronicled of Into Vario. inetances, were mentioned in mrhica the road. sustained Porortuaate Mr, La0, WHO had i ves in their escape over the underground pee for which he was tried, convicted and sentenced : or aia ee wah to die on the minds of his hearers tha! ne road was not doin} i ees hag tho 4th of July last six fugitives from the of Maryland, with bitter hatred for hopes for agony passed ‘ckets. One arrived at Philadelphia in a box #0 ebort that he not lie his length; and, worat ‘tropk and the vse fa dry goods casion twent) persons, of sla And sunor the smiles of freedom had foand . One of ex Presitent Tyler's slaves, tenet Meee bed P on hia way North from Phils delphia rejoicing. —03 PxrRAvAGANT Dieweas AT SanatoGA—Ono to havo given a dinner to twenty friends mitch rene e400, tnd atNew York banker paid $750 for however, carpassed twenty-eight persons, A Southerner, eS eee that, he paving paid $1,400 for one — brn private diauer cvor given at that Tashiopal