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4 ye NEW YORK HERALD. cannon JAMES GORDON BENNETT, EDITOR AND PROPRIETOR. OrFIcH N. W- CORNER OF FULTON AND NASSAU STS. TERMS cash inadvance. Money sent by maul will be ‘at the risk ofthe sender. None but bank bills current in New York taken. i THE DAILY HERALD, published every day in the year, Four cents per copy. Annual subscription price, $14. HE WEEKLY HERALD, @yery Saturday, at Frva cents per copy. Annual so Ten Copies... Postage five cents per copy for three months. Any larger number addressed to names of subscribers $1 50 cach. An extra copy will be sent to every club of ten. Twenty copies to one address, one year, $25, and apy larger number at same price, An extra copy will be sent to clubs of twenty. 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Open Day and Evening. i NEW ROWERY THEATRE, Bowery.—Daeam or Dus- wunt—Sucret—So.pier’s Return. NIBLO'S GARD! ax Wicxtow Wap: WALLACK’S THEATRE, Broadway.—Inisn Exigrant— ‘Hanpy Anpr. EOWERY THEATRE, bowery.—Krne or tax Commons— Untucny Goosr—Buicarns or CaLapria. 51 Broadway.—ETaioPran WOOD'S MINSTREL HALL Lire—HaMLEt. Sonas, Dances, SAN FRANCISCO MIN: orian Singing, Dancina, . $85 Broadway.—Ermt- .CBETH AND OTHELLO. AMERICAN THEATRE. No. 444 Broadway.—Ermiorian Minstixisy—Ravters, PaNtomaas, BUBLESQUES, &¢.—OLD Guanny Grury. i TONY PASTOR'S OPERA HOUSE, 201 Bowery.—Sina- ang, Danowa, Boutesques, &0.—Livenicn Boy. BLITZ NEW HALL, 720 Bi s10N—Lxannep Canary Birps— NEW YORK MUSEUM OF ANATOMY, 618 Broadway. Open from 10 A. M. till 10 P.M. dway.—Patace or Intu- ENTRILOQUISM, AC. New York, Thursday, August 24, 1865, NEWSPAPER CIRCULATION. Receipts of Sajes of the New York Daily Newspapers. OFFICIAL. Year Ending May 1, 1865. + $1,095,000 368,150 252,000 169,427 100,000 161,079 90,548 New Yorm HeRap.......0..seceeeeeeeeesl $1,095,000 871,229 Name of Paper. Henawp..... Times. Tribune... Evening Post.. Times, Tribune, World and Sun combined.. TRIAL OF WIRZ. The court martial convened to try Henry Wirz, keeper of the Andersonville rebel prison pon, met yesterday, avhen Judge Advocate Chipman read a War Department order dissolving the former commission in the case, but convening a new one composed of the same members. ‘These being sworn in, Wirz was again arraigned, and the charges and specifications, in tho main the same as the Previous ones, wero read. They omit, however, tho wnamos of General Lee, rebel War Secretary Seddon Subsistence Northrop, who were at first indicted with Wirz, but retain the and rebel Commissary of charges of conspiracy, murder, cruel punishment and barbarity. The two gentlemen who acted as the prison- er's counsel objected to these proceedings, and asked for Sub- sequently, however, both of them, after an extended con- ference with Judge Advcoate Chipman, abandoned the case and left the court room, and the latter goutloman ‘was appointed by the Prosident of the commiasion to &@ dolay to give time to prepare the proper defence. defend the accused, to-day. EUROPE. ‘The Cunard steamship Porsia arrived at this port yes- terday, with two days Inter advices from Europe. The non-arrival of tho Great Eusiern was giving ris» to On this The Groat Eastern only started on her return voyage one day We cannot all sorts of melancholy forebodings in England. side of the water the expianation {5 very clear. bofore tho Persia sailed from Qu xpect to hear of hor arrival in Eng! town. e interest. The cholera was still making headway in Italy. The loyal Americana, resident in Paris, have presented Mons. Malerpine, chief editor of the Opinion Nationale (Prince Napoleon's organ), with a magnificent service of silver, in appreciation of his sympathy, as manifested during the war, for our national cause in the lato ro- beliion. In the London money market, on the 11th inst., United States five-twonty bonds. sold at 67 a 67%. British Consols closed at 8914 2 89%. Cotton was un- changed. THE NEWS. Tho Mississippi State Convention has passed an ordi. panes declaring null and vold the ordinance of secession, and repealing all other ordinances of the secession con- vention excepting that relating to revenue. The mom. bors of the convention, at an informa! meoting, acqui @eced in n petition to Prosident Johusoa requesting fign to rodne Davis and Clark, tho rebel ex-Govemor of thoir Stilo. A-cofimfttos of over one hundred citizens bak gen ap- Pointod in, iohmond to give Prosidont Joynson g Aithing reception ii the. jon of his anticipated visit. Our Richm: dent notices the arrival there, direct from Euro} rge party of Swedish emigrants who dos gn be vpper part of the James River val- ley. Gor int has authorized the publication of @ report of Mminoralogical investigation of Virginia by Dr. Grout, who avers that gold existe inthe State in Farge quantities, and that the development of its minoral fwealth, which he contends ie great, has been grossly heglected Generel Visk, Assistant Commisstoner of the Bureau of Refapves, Freedmen and Abandoned Lands, for the Ftate of Tennese, in now on a tout of inspection of the Affairs of his department. One of the H@RatD corro. Spondepts who aecom)anies him furnishés, in his letter which wo pubitsh this morning, a very entertaining ac- count of the trip from Nashville to Chattanooga. Governor Browntow and some members of hig staff also formed ® portion of the expeditionary party, The eotten and oor ug the ine of wavel are said to present a uw wining monearanee, OF the former yut litte The court then adjourned till noon pec d for @ full week. political news brought by this arrival bas no special a ee was planted, and that Uttle, it is thought, will searcely pay for picking. A despatch to the Tororo (Canada) Globe states that Robert E. Lee, late rebel general, is expected shortly to arrive in Montreal, One of the mombers of the Canadian Cabinet an- nounced in Parliament yesterday the intention of the government, at the earliest practicable time, to enlarge all the canals of the province, with the design of attract- ing the trade of our Western States. ‘The United States steamship Vanderbilt, and the Mont- tor Dictator, arrived here yesterday morning, and are at anchor in the North river. ‘The cage relating to the estate of the late Andrew J. Butler, brother of General Butlor, came up in the Sur- ogate’s Court yesterday. The General, who is executor, declined to make any return of the property exceptung what is in this State, This, which is located entirely in this city, is valued at seventy- two thousand dollars, Surrogate Tucker ruled that a return should be made of the entire amount of the estate, wherever located, and caused an order to that effect to be entered. From this General Butler's counsol appealed, and the case will now go to tho Supreme Court. The General was present in court during the proceedings. In the trial of Colchester, the spiritualist, in the United States District Court in Buffalo, on charge of evading the Internal Revenue laws by practising his profession without @ license, the “taking of evidence, summing up of counsel and charge of the Judge were concluded on Tuesday, when an adjournment took place. Yesterday morning, after the reassembling of the court, the jury came in and presented a verdict of guilty, This in effect pro- nounces Colchester’s performances not of a supernatural or religious character, as he claims, but merely a species of magic or jugglery, for the practising of which a license is necessary. Defendant's counsel asked for and was granted time to prepare arguments contesting the case, on the ground, among other points, of the uncon- stitutionality of the Revenuo, laws. Justice Ledwith yesterday rendered his decision in the Phenix Bank defalcation case on the motion’ to release from arrest Genevieve Lyons and Charles Brown. The Justice decided that the statements of Jenkins, the al- leged defaulting teller, did not constitute sufficient evi- dence on which to hold thes two prisoners, and there- fore discharged Genevieve; but, on the ground that there was other testimouy tending to implicate Brown, he was held for trial, and was recommitted to the Tombs. His’ counsel gave notice that he would take measures to have the dec'sion reversed by the Supreme Court. George Gladwin, who, as noticed in yesterday's Heraxp, ‘was committed to the Tombs on Tuesday on charge of procuring by forgery over two hundred thousand dollars worth of Tiflin and Fort Wayne Railroad bonds from a ; Safe in the St. Nicholas Hotel, and of fraudulently ob- taining from the New Haven Post Office a Wall street check for nearly four thousand dollars, was yesterday arraigned, pleaded guilty, and remanded for trial. A man ramed Daniel Bartlett, who the police say has already done over eighteen years State prison service, and William Coleman, a youth “only nineteen years old,” were yesterday arraigned in tho Tombs Police Court and committed for trial on charge of having, on the night of the 16th inst., burglariously entered the silverware manufactory of Mr. Cooper, corner of Macdougal and Amity streets, and stolen there- from about thirteen thousand dollars worth of diamonds, silverware and other articies. Hiram Kenny, only twenty-seven years of age, living at-392 West Twonty-soventh etreet, was yesterday ar- raigned in the Jefferson Market Police Court to answer the complaint of being the husband of four living wives, tho first of whom, it is charged, he married in 1860, and tho last in 1864. . After tho statements of three of the interested women had been heard, the accused was committed for trial, in default of fifteen hundred dollars bail. Among the cases under examination before the Police Commissioners at headquarters yesterday was one in which a citizen of the Eighth ward, named Cox, charged Sergeant Schofield, of the Eighth precinot, with con- fining him and Alderman Norton in the station house over night without cause. In contradiction to this, testimony was advanced by the Sergeant to show that there was sufficient cause, it being charged that the Alderman and Cox, when arrested, were conducting themselves in a disorderly manner on the corner of Grand and Laurens streets, about four o'clock in the morning. The Commissioners sustained the action of the Bergeant and the other officer, and enid that dis- orderly characters must be arrested, whether they be Aldermen or private citizens. ‘A man namod Lemas, who, the tolegraph states, is suspected of being an accomplic? of the assassin Booth, was arrested at Fort Wayne, Indiana, on Tuceday of this weok. The Sixteenth regiment of New York heavy artillery, under command of Brevet Brigadier General J. J. Morrl- son, arrived in Jersey City about tweive o'clock 4ast night, and will leave early this morning for Hart's Island, to be paid off and mustered out of service, Originally this gallant organization contained upwards of four thousand en. ™ The funeral of Judge Florence McCarthy, of the Marine Court, took place yesterday, from his late residence in Forty-eighth street, and was attended by a large con- course of people. Early adjournments took place in al the city courts out of respect to the memory of deceased. The remains were interred in Calvary Cemetery. Ata meeting of the Fire Commissioners yesterday a reslutios was, adopted requesting the Comptroller to place in the hands of the City Chamberlain, subject to draft by the Board, fifty-thougand dollars on account of the department appropriation for the year 1865. Consi- derable other business of a routine character was trans- acted.§ ~ ' There was another sale of govornment confiscated cotton yesterday at 111 Broadway. The attendance was not as large as on previous occasions. The bidding, however, for awhile wns quite lively, but afterwards languished. Only about one thousand bales were sold. There was another railroad accident in Connecticut on Monday evening. A train on the New Haven and Now London Railroad ran over a cow near Branford, and three of the cars were thrown from the track. Ten or twelve of the employes on the train and ono passenger received severe injuries; but no one was killed, Tho stock market was extremely dull, but firm, yoster- day. Gold closed at 143% on the street, and at tho same price at night. . Business was moderate yesterday, as a general thing, but there was some activity in flour and grain and pro- visions, at a considerablefimprovement in prices. Tho movement was started by the Persia's news, everything in this line being “up’ onthe other side. Grain sold freely for export; but the firmness of freights checked the engagements, Tux Sovrn ann THE Next Conoress.—The Constitutfonal Convention of the State of Mis- sissippi has pasta ® resolytion in favor of adopting the amendment to thé Sonstitution of the United States abolishing slavery. This, it must be remembered, has occurred in a State which, in every sense, might be classtfied as among the most intense pro-slavery States in the Union. It was the State of Jeff. Davis, and one of the leading and bitterest States in ro- bellion. As Mississippi, through her conven- tion, has decided against slavery, the question of its existence in tho South may be considercd forestosed, and, as a peculiar institution, done away with forever. Slavery, therefore, being the adoption of the constitu- with the concurrence of a State, the objection to the tatives in Congress from the tos, because of the existence of slavery either of them, cannot stand. These Southern representatives will come be- fore Congress with slavery aboiished, and it will present an extraordinary spectac!@ to see them asking for admission into the Raclonal legislature, and being refused. The ques pred 9 Phy Meagan pepe La gislatu » of ell her Southern State, nor has CotifFea sated it, Thero is no law on the subject, nor will there be until Congress or the State Legislatures enact one. All that the latter have to do must be done after the session Of Congress. It would be @ manifest wrong, therefore, to exclude those Southern representa- tives on the ground of opposition 10 negro suffrage. The radicals can nevor make quol @ Meyement popular, NEW. YORK HERALD, THURSDAY, President Johnson and the Boston Fa- maticeThe Duty of this Metropolis. We published the other day an impudent letter of instruction from the Boston Board of Trade to President Johnson, edefining his line of duty in the resioration of the rebellious States, and especially in reference to negro suffrage. These Boston traders have identified themselves with that pestilential tribe of abo- lition fanatics of which Wendell Phillips is the great apostle. They tell the President that the late rebellious States cannot be safely restored to the Union without the condition precedent of negro suffrage ; that unless we now enforce this right to the loyal Southern blacks the dis- loyal Southern whites will create a world of trouble, including a powerful political organi- zation for the repudiation of the national debt. Now, it is among the fixed facts of Matory that we aro mainly indebted to the abolition fanatics of Massachusetts and the secession fanatics of South Carolina for a thirty years’ political agitation of the slavery question, cul- minating in a fratricidal war, the most gigan- tic, sanguinary and terrible of any single war in the history of mankind. The original dis- unionists in this agitation were the Massachu- setts abolitionists, who declared the federal constitution “a league with death and 4 cove- nant with hell,” and insolently petitioned Con- gress for a dissolution of the Union. These are the disorganizing agitators who, by their incessant assaults upon Southern slavery, Southern society and Southern barbarism, ex- asperated the fire-eating fanatics of the South to the suicidal folly of open rebellion for the pro- tection of slavery. The war which they dreamed would give them a great independent confede- racy, under King Cotton, resting upon the corner stone of slavery, has extinguished slavery. Itis dead—it is out of the way, and one would think that, having accomplished their appointed work, these Massachusetts abolitionists, following the sensible example of William Lloyd Garrison, their original leader, would retire from the field, and leave the task of the restoration of the rebel States in the hands of the administration, where it properly belongs. As soon, however, as tho fulfilment of tho emancipation proclamation of President Lin- coln is declared the fixed and irrevocable re- sult of the war, by President Johnson, up jumps Wendell Phillips in a philippic on negro suffrage, and declares that unless he can get it he will go for the repudiation of the national debt. A storm of indignation is raised against him—he makes a lame apology—he has gone a little too far—he and his followers change their base, and they now contend that to pre- vent the formation of a dangerous repudiation party South we must give the Southern blacks forthwith the right of suffrage; or that until this condition shall be granted the rebel States must be kept by Congress under the govern- ment of the army. These are the instructions vouchsafed to President Johnson bv the Boston Board of Trade. Against these Massachusetts fanatics we ap- peal to the financiers, merchants and other business men of New York. This city, the com- mercial and financial metropolis of the con- tinent, the great ship yard, army and navy recruiting station, provision depot and cash box of the government, in the prosecution of the war, has not only the right to speak, but is under an obligation to stand forth in support of the government on all occasions when its voice will do good. The voice of this city was “a tower of sirength”’ to Henry Clay and his colaborers in behalf of the great compromise peaco measures of 1850, and it was the grand uprising ot New York in April, 1861, that rallied the people of the loyal States en masse to the support of President Lincoln in the prosecution of the war for the Union. The time has arrived when this great me- tropolis may speak with corresponding force in support of the peace and restoration policy of President Johnson. We dare say that if this policy were put to the tost of the popular vote of this city it would be supported by a majority of seventy-five or eighly thousand. To silence the clamors, therefore, of the Boston negro suffrage fanatics, our bankers, merchants and business men generally should assemble in @ grand mass meeting at an early day, in order to give the administration the supporting voice of New York. Something of this sort must be done or there is great danger that these Boston fanatics, with their industrious agitation of ne- gro suffrage, may do a vast amount of mis- chief. Whatever may be the interests of the Boston Board of Trade, the interests of New York are bound up in the Union and in the-policy of the complete restoration of the Southern States as 806n a8 possi! The sooner we pat them on their legs again and get them fairly to work the better it will be for them, for us and for the Treasury. We want to get from.them next year full crops of cotton, sugar, rice and to- bacco; for thus we shall secure hundreds of millions of money, which will give us a com- mercial balance in our favor and materially aid us in solving the great problem of our na- tional debt. President Johnson’s policy looks in this direction. It thus appeals with resist- less force to the support of this city, because our interests to the extent of hundreds and — of millions are identified with ihis policy. . On the other hand, let us suppose that its Boston wool proj is adopted, and that the late insurgent States are to be kept under a military provincial line until they shall have yielded the abolition condition precedent of unqualified negro syffrage, What, then, will follow? The Southern States, in- stead of producing anything in the way of trade, instead of contributing any assisiance in the payment of our taxes and redemption of our debt, may, froin the dbntinued disorga- nization of Southern gociety, whites and blacks, be a dead weight upon fhe loyal States for years to come, as they ate jpst now. Nor is this the worst, that ig to, be Tolttéd from this abolition policy; for, worero' this thing of negro suffrage upon the Soutlr push it to a violent agitation between the two races, as these Massachusetis fanatics evidently desiro to pith it, we may, Before the lapse even of a single year, Fovive in Virginia and South Caro- lina, in Tennessee and Téa."* ond cleewhero, the bloody scenes of St. nae between the white and black races, President Johnson is aiming, afin “ming | and desolation warn us to resist the Massachusetis agitators; and hence we earnestly appeal to the bankers, merchants and other business men of New York to consult together and organize # public meeting in support of President John- son, the moral force of which will not only be felt at Boston and Washington, in the East and the West, but in every hole and corner of the South,-in favor of his plan of restoration. We give the hint, What say the solid men of New York? ‘What the Country Demands of the Gen- erals of the Armies, The government has shown a commendable, and, in view of some of its late actions, a rather singular energy in mustering out the greater part of the volunteer army. Only the hundred and fifty thousand volunteers who have been retained will complain of the promptitude with which the other eight hundred and fifty thous- and of the million men, which we had ia the fleld a few weeks since, have been returned to their peaceful industrial pursuits and home de- lights, There was no longer any use for them. The retained volunteers and the fifty thousand |zegular troops, amounting in all to two hbun- dred thousand men, are more, far more, than enough to keep in subjection what little re- pellious spirit there is still existing in the rebel heart; and as soon as President Johnson de- cides to continue permanently or abandon his “provisional government experiment” the country will be glad to witness the further dis- charge of the volunteer soldiery. In the meantime, why does not the War De- partment at once commence the work of re- ducing the -great number of officers of the army who still encumber the lists. Outside of the ninety or one hundred lately assigned by General Grant to permanent duty throughout the South (nearly all of whom belong to the regular army), we cannot perceive that there is any use of retaining any others. Instead, however, of mustering out these general officers, as it has been doing the men and line officers, the government has been adding to the list. We do not object that the War Department has done this. We are glad to see the gallant colonels and majors of the line and staff brevetted brigadiers, and the brigadiers brevetted major generals. It is only to be regretted that the law regulating the personnel of the army does not enable the War Department to invest the glorious warriors who have led our armies with tho rank of general and lieutenant general. Grant de- serves the higher rank*of*s full general, and Sherman, and Thomas, and Hooker, and Sheridan, and Logan, and Rousseau, and Howard, and Meade, and Hancock, and scores of others deserve to be lieutenant generals. We are glad to see these brevet commissions conferred, but as they can be and are intended only as deserved, thrice deserved, honors con- ferred by a grateful nation on its preservers, why is it necessary to retain these soldiers, thus distinguished, in a service in which they can gain no additional honors? The generals themselves are demanding their discharges. Why not muster them out? Do the heroes prefer to be mustered out to resigning? There are other employments for these men in other fields, in which there is not less of honor and more of wealth. We are glad to see such distinguished, progressive and influential volunteer officers as Rousseau, Logan, Negley, Hovey and numerous others, entering other paths of life, resigning their swords and seeking for additional reputa- tion in the senate halls, at the bar, or in the foreign civil service of the government. Theirs is an oxample for others less re- nowned to follow. Logan has returned to civil life, and as one versed in the details of civil government, he will lend his wise head as he his strong arm to the support of the a Rousseau has’ Bie. ‘the sword and appears on the scene as a states- nich, thé leader of his people through os mists which rebellion has lett, as through th which it created; and, as he fought neutrality in 1861, he now ag firmly battles with the slavery which rebellion bas left extant only in his native State of Kentucky. Hovey and De Cesnola go abroad, and will be felt abroad. Others should follow their example, nor leave to the War Department the task which appears to be so delicate of mustering out its faithful servitors. And while our civilian generals are resigning, let those reared in the school of thé soldier confine themselves to the duties of soldiers and less to those of the statesmen and reporters, The great chicftain, who is their leader, is also their example, and Sheridan, Sherman and Howard, an Kilpatrick and others ought to take a lesson from him. Grant never talks aselessly. The story about his having expressed himself strongly in favor of the enforcement of the Monroe doctrine in Mexico, and the immediate expulsion of Maximilian, is simply nonsense. Grant’s whole career is a denial of it. He is painfully reticent. Such a declaration from him would @e particularly pleasant, but wo kuow that he never uttered it, for it is not in keeping with his character. All his subordi- nates would do well to follow his oxampte in regard to reticence. After his ninety-ninth specch Sherman has subsided. We fear it is only temporary, but we beg him to make the silence perpetual. “Blows, not words,” should be his motto. He has too much to answer for already, We beg him not to heap his offence $3 high. Sheridan, too, might well take this advice and write no more threats against Maxi- milinn, te Qad better devoto his time to watching for the reinforcements which yea ee news from Europe tells <'$ have been ty Napoleon to Mexico. Kilpa‘rick is a bel cavalryman than critic, and will do he or 48 an thspectdr of mounted infantrymen than pro- visionat ors If ho will devote the same time to a tour of his distfict that ho has to the tour old Norfh Stato, he will effect more in im} g.the condition of horses than he will-the conditionof the negroes, The dis- cipline of all armies is said to become relax in time of peace. General Grant should look to it, for the discipline of his generals is not the best in the world. Soldiers, like children, aro to be seen and felt, not heard. What the coun- try wants now is resignations among the volun- teer officers and silence in the ranks of the regular generals. : Mors 7? THE Census Ovrrace.—We have stated that the State census takers, who havo made such glaring blunders and misstatements Ghlculations as to the population of wisely, to save the Southern States, not to 4e- | this clty and Brooklyn, wore either ignorant, stroy them; to rebuild and harmonize thel? , Q%#y OF corrupt, Communications maliiply in two races and put them on a néw career of Prosperity, and not to exterminate them by | wherd «1 taterpal cpnvulaigns, Discord, fig, sword and } received ort of our opinion. Woe hear of ono case night watchman in the Custom Howse AUGUST) 24, 1865. one of the Kings county (Brooklyn) districts at three dollars per day. He sub-let it to an- other party for two do! per day, who again sub-let it to a barroom setter for one dollar per day—and all the business of census taking transacted was done upon the head of a beer barrel or the counter of a low groggery. The instances where whole families have been neg- lected in the enumeration are numerous. We submit a copy of another note for the inspec- tion of those who had this census business in hand:— 10 THE EDITOR OF SHS BORAT tak bas bean a ht Doth otal there Vel jo census either of us. Gano” this outrage be rend a ONT. Spiritualism Pronounced Jugglery by an Intelligent Jury. The worst fears of the disciples of the new religion have been realized. The Colchester case at Buffalo has been decided against the defendant. This decision, upon tlie defence set up by Colchester’s counsel, carries with it all the questions involved in the case. The jury decide that spiritualism is jugglery; that raps and table-tippings, and the blood red writ- ing on the arm, and floating guitars, and all the other phenomena produced by the so-called mediums, are neither manifestations of a super- natural power nor communications from de- parted persons, but merely the result of sleight- of-hand. Colchester is thus obliged to take out @ license as a juggler or prestidigitateur, and we suppose that all the other mediums will be compelled, sooner or later, to follow his example. Tho license fee does not amount to much—Colchester could realize it at a single seance—but the principle of the case amounts to @ great deal. At a single stroke spiritualism has been cut off from the list of religions, so far as a Buffalo jury can accomplish this. The counsel for Colchester asked leave, at the conclusion of the trial, to submit to the Court several questions of law, and this per- mission was, of course, granted. The counsel desired to inquire as to the constitutionality of the Internal Revenue law; as to the sufficiency of the indictment against Colchester, and as to the publicity of the performances of the ex- medium. The first and second questions are merely technical, and the counsel must expect to have them decided against him. It is too late now to attack” the Internal Revenue law as unconstitutional, and if the indictment were sufficient for the trial it is certainly strong enough to sustain the verdict. The third ques- tion is one of fact, which is really involved in the verdict of the jury. But the learned coun- sel raises a fourth question of different sort. It is in regard to the constitutional guarantees to freedom of religious belief. Upon that point it may be said that, although the constitution does not forbid anybody to believe that Her- mann is a prophet and Heller a dealer in spir its from the other world, yet the mere fact that some people do 40 believe will not protect Hermann and Heller if they refuse to take out the proper licenses as public performers. Since spiritualism is legal jugglery it cannot be legal religion. We are strongly of the opinion that, after mature consideration, Colchester’s coun- sel will let the verdict stand in its present form. We do not believe, and we presume that no other sensible person believes, that the deci- sion of the Buffalo jury*will make any diffor- ence to spiritualists generally. They will look upon the trial as a sort of persecution, and will glory in their faith accordingly. The more skeptics laugh at it, and intelligent juries pro- nounce against it, the more spiritualists will believe in it, and the more ardently they will insist upon the supernatural character of its manifestations. They will remind us and each other that no religion was ever. established without its trials and persecutions. They will point to the Jews, who were carried into Mates Selb SDE sR, who were torn to pieces by wild bexsts: to the Protestants, who were racked; to the Roman Catholics, Whose property was confiscated; to the Mormons, w! were tarred and feathered, and to a hundred other sects, each one of which had its period of suffering, and found the road to Jordan exceed- ingly hard to travel. It is true that spiritual- ists, as such, have been subjected to few, if any, of these outrages; but this is because the nineteenth century is too civilized and onlight- ened for such proceedings. The modern form of persecution, it seems, is reqviring the pro- fessor of a now religion to take out @ license asa juggler, ‘and Tauling him before an intelli- gent jury when he presumes to refuse. Tho form, they will argue, may be milder, but the principle is the same. So, a8 religion always thrives upon persecution, whether the perse- cutors shed the blood or the money of the saints, they will expect to see an immense ro- vival of spiritualism forthwith. © But, while all that may be said on this side of the matter may be quite truc, and while, to some minds, it may appear sufficient to over- come the stubborn fact of the Buffalo jury’s verdict, still we cannot but protest that the spirits have acted very shabbily in this affair, and that the onus rests heavily upon their im- material shoulders. That professors of all religions have been persecuted is a fact; but it is equally o fact that when a religion was worth anything its professors were not deserted in the dark hour of their tribulations, The Jews were carried into slavery; but Daniel was safer in the lions’ den than Colchester in court. The Christians were forced to fight with wild boasts; but often the Christians won the battle, which is more than sk i of Qolchester, ‘The Protestants were racked; vit instanees aro Te- corded in which the victims felt no pain, strotched as easily as India rubber and sang Runge of triumph, which Colchester has mo right to do>, The Roman Catholics were hunted and burnt; Byt they were never without miracles when miragles would save thom, whereas the spirits leff Colchester in the lurch, when the upsetting of a table would have brought him off with fly'ag colors. The Mor- mons endured tar and féxthors and rides upon rails, which were almost @ uncomfortable as rales upon railroads; but yst their prophets were delivered from prison by angels, or by those who claimed to be angels, which amounts to the same thing, while nobody and. no spirit opened Colohester’s prison door and bade him go scot free. Ina word, if every soct lias had its hardships it has also had its miraculous in- terferences, and we cannot understand why the spirits have fallen short of the mark. Thero never was a better opportunity for a nice little miracle than in Colchester’s case, and tho fact that suéh a was thrown away, and such a verdict allowed to go upon record, will have he appointment of census taker in | to bo very clearly and eatisiagtorily explaingd befne the spiritualist can reasonably expect many necruite as-the result of the legal perse- — ey have encountered at Buffalo, ANOT\YER RAILROAD DISASTER, Smash Up oa the New Haven and Ston- ington Railroad—Several Persons Ine jured—None ‘Killed. “. New Havey, August 23, 1865, About seven and a hi,’ o'clock last night the evening train from New London ra” over & cow, three miles this side of Branford, and the ta86ag0, mail and first pessen- ger cars were thrown from this track. ‘The bagsage car turned a cdmnplete somersault dowa an embankment, rolied over Swice and was badly smashed. Almost all the employes of the road, ten or twelve ia number, wore injured, some seriousty, but none fatally But one passenger was badly injured. A special train returned to this city with the wounded at twelve o’clock in the night. The following is a list of those injured :— L. P. Hempstead, mail agent, head bruised, mouth out and right knee injured. Ira Hicks, express messenger, hurt in the back, and, it is feared, has received internal injuries, F Charles Pettibone, baggage master, slightly bruised. ‘Hiram Davison, bridge builder, slightly injured in foot and leg. E. F. Strickland, conductor, in right foot. Clinton Sheppard, condyctor, head out and leg bruised, William Brown, water boy, badly bruised; was takes up for dead, but will live. ‘Thomas Cahill, brakeman, knee cut. William Bishop, badly burned. Eight persons were in the baggage car, which turnede double somorsault down the embankment, Ratlroad Conductors. TO THE EDITOR OF THE HERALD. In reading over the testimony of the Hoasatonic Rall- road disaster I aee this case is likeall otheraof the kind, viz: in the jury omitting to ask the railroad mom how long the conductor had been a railroad man and how he got his position—if by influence or merit, and tf he was ober at the time the accident occurred. Those, Mr. Editor, are questions that will touch raw spot, as men are placed in the position of conductor who are ignorant of tho business—being, probably, re latives of a superintendent or director, and Leer bars © ie realize the importance and respo! 'y of the position. Let there bo legislative restrictions upon placing men in the capacity of conductors or engineers without am experience of three years as brakemen and firomen, and not then till examined by a board of com railroad men appointed by the Governor of the Ptate. And then if disasters occur through their negligence let them be tried by that board and thoir names given to every corporation, so that they can never engage in the same kind of business again—that is, if they escape hanging or boing sont to State Prison. You may bo assured, Mr. Editor, these terrible rail- road accidents would lessen, if not entirely cease. Obsequies of Judge McCarthy, of tne Martne Court. ADJOURNMENT OF THE COURTS. The only civil courts that ave in session at this scasom adjourned yesterday, in respect to the momory of the late Hon. Florence McCarthy, one of the Justices of the Marino Court. In the Supreme Court Judge Sutherland, on motion of Mr. T. Sturtevant, ordered the court to bo adjourned, and paid a high compliment to the character and abilities of the deceased Justice. In the Superior Court, before Judge Barbour, a similar mark of rospect was paid, and in the Marine Court Judge Hearne, in ordering the adjournment out of regard and respect to his old nasociate, spoke in feeling terms of as aanan, and in high praise of bie ae 8 eee qualified by his learning and his ee ilore to any bench in the country. The District Courts were alse adjourned. In the Fourth district Judge Kelly, on motion of Mr, J. J. Stowell, adjourned his court after some dge Second prep! a ni Kevlin, in the 130 rn court. ‘Tho funeral took place from the residence of the late eighth yesterday, and was attended ty avery ange and respeclablo number of “peopl, whe came to testify their ros) to the virtues dead, and fo show that honor, honesty and ability are not for- gotten whon tho portals of death separate us from the mortal who them. Among those who came to do reverence to MoCarthy were Hon. Ju Alker and Hearne, of Marino Court; Sutherland, Supreme Court; Barbour Moncriof, Superior Court, and Cardoza, Common Sheriff John , ex-Sheriff Lynch, Hon, H B. kins, Captain Toone, Dep County Clerk; Colonel Dela- van, Homer Franklin, Postmaster James Ke Ei Quinn, Koviin, O'Connor and Smith; Wm. Walsh, Prosident of tho Board of Aldermen; several members tho bar, many of the clerks, deputy clerks and officers the courts, . The pall bearers were J Alker, Hoarno, Keviin and O'Connor, Hon. John McKeon, Frederick Wm. P. Powers, W. Andrews and Joho ston. The jon moved at a little after two o' ‘emetery, where, after the funereal cording to Roman Catholic ceremony, the Pe family and mourning friends saw 6 honest judge consigned to his mother earth. The Fire Department, MEETING OF THE COMMISSIO! ARTICLES TO BE DISPOSED OF—DEMAND ON THB COMPTROLLER FOR FIFTY THOUSAND DOLLARS— ° THE PHILADELPHIA PARADE, ETO. ‘ Tas Fire Commissioners held a regular | ‘ns yesterday afternoon—Commissionors pee A a4 Booth prosent, ps and the flowing BR Sette te ae | From Hose consey No, 23, aching, pein to go to Philadelphia parade. Saahprret to nt eer i From 06, As. adt Fo: Pe me pany No. 26, seking to have out service, Laid on —- From George Gaine, Hose Company No. 24, Gosiring td chase the carriage now in use by that company. ferred to Comm iasioner Booth. } Commissioner Exas offered the following resolution :— Resolved, That the Comptroller be notified that the articles reported by the Chief Engincer as encumberit the yard are no required by this it, will be disposed-ef by this Board. A The report oa the communication of the foreman of Engine Company No. 11, asking to be relieved from responsibility for certain’ furniture In the house of thas, company, was presented, accompan‘ed with the following reResolved, ‘That this Department make no claim te 1} tho side fountai or lamp in nor to ongine of Sermpeiy No ae as to all other ackes. Se OY foreman of No. 11 the application det Laid on ee net ee Reauivel, That the Comptroller be requested 0 place 1e ler the cl Sn eet ea et any, Gece HH fie HGH H H with the City ay doliars on account of the of Lea ment for the yoar 1865, to the drafts of the on and after this date, which was adopted, bi og Fag oe then UW, H. ; ive eo 0. re foreman, are 1D axtend: the Phinda pe rade in full ere cal will go with equipments and in ralform of red fire shi uo and eaps and blue cloth pants. 'W. M. Onkely, Chairman, and a committee, ey | at cements. Hose’ Companies Nos. ‘80 and 4, he i are also trim up for trip. will accompanied by a city hy mental « United States Sanitary Commission. Saratoga, August 23, 1866, of the commission to be presented to the public, ‘We have been visited with « sudden cold snap, the thermometer ranging down among the fifties, Fires are place looks quite winterish. Large numbers are leaving by tho evening train. New York State 5: sath ident ‘The Now York Stato hool Convention te holding its tenth annual convention in this city. There is a largo attendance, Tho exercises are full of interest,’ ‘Tho Secretary's report shows the number-of teachers tm the State to be 62,083; scholars, 416,661. ‘Increase of teachors, 4,668; increase of scholars, $3,438 Schools reported, 4,169, Tt ta'the largest convention ever held i tho city, Every county in the Stato was represented) Wieting Hall was densely packed at every session, The citizens of Syracuse and vicinity entortain not leas tham two thousand delegates, The most intense enthusiasas ig felt by all in attendance. ———— eel The Oad Fellows. Ur10A, August 28, 1806. ‘The Grand Lodge of Odd Fellows have agreed to merge tho two jurisdictions of this State, by a vote of 117 ayes against 27 noes. f ‘The Grand Encampmont have agreed to report in favor, of morging the two jurladictions, by a vote of 47 syed tractions aro ® company, excellent singing of fun, Tn the minstrel tine Becerra smng ha Wee « full com> peny ia, burning in the parlors and rooms of the hotels, and the = “¥ a