The New York Herald Newspaper, July 3, 1866, Page 8

» cy 8 ‘THE EXCISE LAW. Beolsion of Recorder Mackett Swstainfng the Demurrer to Indictments for Vielation of the Law. WE DECLBAES.THE ACT UNCONSTITUTIONAL Judge Clerke, of the Supreme Court, Thinks the Law Constituitonal. He Refuses to Grant Injunctions at Present. . FRE POLICE ANO THE EXCISE LAW. ao. ae. ae. Decision of Recorder Hackett, Sustaining Sho Demerrer to Indictments for a Vio- Istion of the Excise Law-—His Homor Before Judge Russel and Recorder Hackett. ‘Hho Jniy term of this Court commenced yesterday, Dedge Russe! will preside during the time the Court is Im-session. The room was densely crowded, principally Dy persons interested in the expected decision by the Recorder upon the argument made last week on the un- eenstitutionality of the new Excige law. 48 soon a8 some preliminary business was disposed of, Mecerder Hackett proceeded to [read the following de- ion :— The Pople, &c., vs. Krushew and siz others in- Miehad wrider various nf of the Excise act of 1966.— ‘Be those various cases demurrers have been interposed, ‘@pan the ground that the conceded facta constitute yo ans? for criminal action, and that the law under which “tme indictments were framed and found ie uncons¥.tu- Mapa). The indictments charge four gencric offeriovs, Whteb are distributed as follows:—A count for mplling without holding the excise loense of 1866; an- count for giving away liquor; again for keeping end @sposing of the same publicly; for similar acte espe- tally committed upon a Sunday; for neglect to keep Baqwor shops ‘completely and effectually closed” on Sun- dag; and till another count for such neglect between @enrise of each TMervening day end night. In m dvight vama there various indictments it w charged that @e acta complained of were each and all @ommitsed unlawfully and maliciously—the ordinary @imtutory words do not appe: ich as givi Nquors with intent to evade publicly keeping Seer with mtent to sell the same, or disposing of the me with intent to evade the law. In an act so novel @ its features, tho attorney for t ple has, perhaps leading, followed the language of the act question, charging’ the offences created by it. The Brxeice Jaw under consideration makes each and every eet charged and connted upon a misdemeanor, and ‘span vonviction the offender to be punished by Imprison- ment in the Penitentiary. It further punishes by pecu- @iery penalties, and instigates diligence to the-suppres- d#on of violators of the law by an award of premiums to @e loformers of such violations, It becomes a misde- to, first, sell liquor; second, to give it away; } sory publicly keep it; fourth, to dispose of it, with foot the seller, yiver away, keeper, or disposer, holding fhe especial license of the act of 1866, In addi- Wen, offenders aro liable to have their ‘places’? @mered by shenffs and police officers without process of any kind, simply upon their own fection, their own discretion, and to summarily close ‘end keep closed all such places for an indefinite term. Me overruling the demurrers now interposed one duty ‘wound alone remain to the court, which would be to sen- Aeace the defendants, under the law, for a misdemeanor, end to the Penitentiary. In misdemeanor there is no GeRendias ower after demurrer: “(Peonle, va, Taylor, 3 jo, p. 9.) On the other hand, it the demurrers are @amained for either of the various causes ass; by the eeunse! for, the defendants, the decision of this court = be respected by the various magistrates and officers, until reversed by a higher and appellate . The question submitted is one of import- ence both to the defendants, whose Liberty is directly im- jed, and to the people, whose representatives have the act, ¢ indictments are founded upon violations of the late Excise act, and they must sand or fall upon the judicial decision to be rendered ite jegality or unconstitutionality, It was mat indictable at common law to keep an inn or slebouse, unless disorderly conduct was common! ted therein. (Overseers va. Warner, 3 Bill, Bey statutes for regulating the ‘sale of Bator jcating liquors have existed since the reign of Ed. ‘ward iI., and commenting upon them, Bishop, in his dreative, takes occasion to write:—Whoever takes the awouble to read the old statutes of Enziand on this sub- jg Jearns, from recitations of facts therein made, that enforcement of this clase of laws was always dift- eat.” I bave been unable to find in my researches that f Grea! Britain statutes regulating the liquor traffic have ever contained any of the express or implied prohibitions against sales or the giving away of liquor, which have been incorporated in some of the States of the Union, even in Great Brivaim (where the Charch in harmony the sovereikn por might seem disposed to blend ial laws with ethical notions), I am yet to learn, gone to the extent of classifying the giving away of ver as a crime. The act in question is so new and gecubiar in its main features that in giving my opinion ‘Epon the pointa involved and the conclusion to which I Ihave arrived, I deem it necessary to quote some of its “eactmentx §=And first, | would note a decided and re- gmarkabie innovation upon the license economy which has Ihither:e marked the legisiative action of our which fhas suihorized local authorities to select and appoint Meir own Excise Board. The new act makes an excise Miairict created out of 4 Metropolitan police district, but qwabin the latter, and omitting therefrom Westchester genty. By the terms of section 1 the sellors and givers Queens @way of liquor in the count.es of Richmond and xe supervised in their character and business by excise fs poammarane gaged are not only appointed by central- faed power at the seat of government, but one or more of whom are not ¢\en residents ot one of the counties in ‘which Le or they exercise authority. The license fee of he dealers im liquor within the exciee counties are not ade applicable to the benefit of the fund belonging to Qhese counties, but materially eubserve to lighten the Burdens of taxation of the neighboring counties of Kil aad New York (-ection 23), In the excise district @ommissioners are charged with certain duties (Section 1) —tm the Metropolitan Police district av Tuspector of Excise has jurisdiction (Section 2), the boundaries of the sey- @val districts differ, it follows from the letter of these two ‘Bections that the subordinate Inapector has powers of jurie- Giction which bis ruperiors have not been invested with. ‘Hie duties are such as may, from time to time, be dele- @Mied Wo him by the commissioners. The title ‘of the act Feiates to the Within which the inspector acts, ‘The bulk of the sections affect the lower or smaller dis- Grict. By the terms of the act certain omissions and wark on the West- ase to be criminal 10 two classes: the one who sella or y to the extent of five gallons or in excess; the quantities less than five gallons. (Sec, 7.) ' The amt clase are not permitted to sell or give away unless ‘and “permitiod.” (Sec. 3.) Both are Probibited from selling on credit. (See. 17.) The lawful @ales are now fettered by this provision just as unlicensed erefore unlawful) sales of liquor bave hitherto Lee for license the Excise Commissioners have delegated to them the lexisla- Bive power of fixing a license fer, to range between ttrty and two hundred and dollar, The counsel fer the stated that the Board of Excise licenses and two distinct amounta, The license is only tobe given to those alone who may be approved by the Board for good moral character. ‘The act does not furnish any mode by which the con- wotence of the Board may be eatisfed that evidence as to Abe requisiles of character—aithough in former Excise ote certificates of character from residents and others within the OF assembly district, have been regarded me guffictent. the argument hothing was ga das fo the mode by which the 'd practically acqnainted Meolf with the subject of character; but it is only fair to Presame that it would seek for iegal testimony upon that Subject rather than resort to the tostimouy of officers whose duty ras sieaply to enforce the ct Ts license, when obianed, is up inthe room or place where sales are made. It authorizes the holder to sell and dispose of—not sell or dixpose of—the beverages famed in the aot and in the license only at euch room or queen Both erwous and premises are the subjects to be nsed. The Heense is also to be exhib'tet at all times to peace officers who demand its production Not to do 0, by tho terms of the act, is to furnish ev dence adverse to the legal status of such porsous eo declining or refusing, There |x no mode provided for licensing the giving away or publicly keeping similar beverazes, although to do so fe made as much # misdemeanor when not licensed as to well or disposeof when lensed. (Hection 81) Those Uoensed under this act are to prevent breaches of the peace in places, and when thoir quistade is invaded ‘are commanded, under penalty of being adjudged guilty of « misdemeanor, to forthwith remove all persons, the orderly as well as the disorderly —perhaps their axsistants end themselves—ftom withi “i close ther and Keep them closed. (Sec: ‘son: (except substantially thoae wh fotned to keop their licensed oa’ ettvet: i ve ure, licenses thua tod y be revoke end snnuiled the Board “if it fatisfied that Hoensed persons any of the provisions of this act" The whole aot bears marke of hasty consideration, ‘There areynnny serious considerations which have arisen. ‘upon She arguments which demand attention witheut entering into the decision, Counsel for the Peot wrged that comficus between the constitution and ‘wtatutes ought mot to be lightiy countenanoed. surely Shie abeuld be #0 where & forced construction of the ccamytutton ie urged against the natural equity and let ter of fataie, The counsel for the aocured, how: ever, claim that the very letter of the Bill of Rights of +he federal constitation is opposed by this Ercive act ‘The jearned District Attorney urged that ‘Courte at Niet Prius are ie ice both to hear or treat conatita. «onal questions; forcing the litigant to moot them in ince and the Digher tribupale'’ But the =| jor 'gned ‘aly bere, Deceure the weouie euler, By thoes 4 cap u touaily oblige a county of the State to contribute to # | revenues of another without the Btate at large OF 1) county 80 taxed enjoying ® corresponding or con” benefit? The resklents, certainly, of the count FP) Kings and Queens, and perhy of Richmo i “county, thie act are forced to ‘contribute mot tat fe o the State nor of their own respectiv€ © tien One of the most vital questions which has ay son upon the argument is, how farcan the es net general throughout the State, Pag rene crimes; crimes defined and Himited yit), i, oa oe triets and only affecting certain COU” 1129 Ww; ia corre and of a higher grade mere y State, olice infractions? Can it make an act a crime in OD® Y janty, city or town and y not in another county, clip eye Tae ont unon grounds not peculiar to the ?, articular corny orp or Chartered restrictions Of &7 oh locality? If mich be ite constitutional power, WY ere is the Iimit to legislative caprice? Can it make V’ ,¢ stealing of twenty-six dollars grand larceny in King@ county, thirty dollare grand lar- wr in er i op Php #1x pence grand larceny tn Onei- ja coun! rion manslaughter br res: throughout the dif rent counties in the State? Py tbe case of the People ya Wiilianis, ahove referred to, thi point was raised’ and argued upon a local statute making the picking of pockets in New York a different crime from its legal. definition in all other parts of the State. The decision,’ was given upon other pointe in favor of the counsel for ".he accused; but it may be remarked that at the saccer ding session of the Legislature it destroyed the worry zrephical character of the erime adverted to, and de its legal definition and aah general throug? ,out the State. No lawyer should doubt the in- expediency of the Legislature enacting laws of a crimi- nal ¥ ature which should not in their operation be con- ‘cur? ent throughout the State. Is not the very essence of ‘a criminal law its general application? Can the prin- ©¥ ple of territorialiy apportioning crime be eanctioned Yvithout ultimately allowing a Legistaturo to enact crim!- nal Inwa, applicable to some obvoxious person or per- sons, sect or sects? The authorities bearing upon this point are Dwarris on Statutes, p. 490; Hatch vs, Ver- mont P. R. Co., 2 Vermont 49—61; Benson vs, Mayor, 10 Barb., 245; People va. Draper, 15 N. Y., 544; Calden vs, Ball, 3 Dallas, 386. Tt was argued that the act e uncon- tional, because Excise Commissioners are and always have been county or local officers, and that this act does not provide for the election or selection but names them. It would seem that this point is not favored by the Court of Appeals in the Fire Department case. ‘The counsel for the People, both the District Attorney and the Coun- sel for the Excise Commissioners, admitted upon the argument that unless this act was regulatory and waa im any of its provisions prohibitery or cuufiscatory of prop: erty, or nocossarily subjected the accused to deprivation of his liberty or property without due process of law, thon it would be within the decision of the cage of the ie ve, Wynehamer, which decided the liquor law of 1859 to be unconstitutional, Let us then test this case dy this concession and inquire:—First, 1s the act in ques. tion as presented to this court prohibitory? Second, is it confiscatory ? Third, is it, when entorcing remedies, in conflict with the bill orrights? It will be cot that implied prohibition, implied confiscation and im- json conflict may @ as effect AB express pro- bition, ex] ‘conflacation and express confilct, Such express conflict as has been adjudicated upon in Comea va. Albro, 1 Gray ( Mass. R.) p. 9, and the Toynbee and Wynehamer cases, The act ‘in question being highly penal in its character, involving up on conviction al servitude, ‘must be strictly construed. In the latest pointe submitted to me by the counsel for the Excise Board it i said that penal statutes are not to beso construed as to defeat the mani- font intention of the Legislature; but that intent should be constitutionally conceived ‘and expressed. One Of the defendants stands indicted for giving sway liquor without being licensed. Section 3, in connec- tion with sections 16 and 19, undoubtedly make this act a misdemeanor, punishable by fine, imprisonment, penalty, and arbitrarily closing up of any placea within which such act should occor. It is somewhat remark- able that the statute omits to prowde a liceuse for giving away liquor; and the same may be said of the prohibi- tom against keepi: rords ‘sale’? and “disposing of” are convertible terms; but the phrases “giving away’ &re not converti- ble or synonymous: osition.’’ Bec- tion 4 takes the seller out of the operation of the mis- demeanor clauros by offering bim the opportunity of a permit. No portion of the law exempts him who pub- licly keeps liquore or desires to give them away from the operation of the misdemeanor clauses, of their stringent remedies and of their punishments. The law makes it a misdemeanor to give away or ublicly keep liquor without a license, What by this but practical probibition? It {# trae that, save in the and, of Westchester and in all other parts of the subdivided police district, ‘any person not licensed may keep, sell and dispose of five xallons at a time of strong and spirituous band wines, ales and beer; but what is the = this law upon “7 who may have had in bis posseasion at the time that the law went into effect a lesser amount of the beverages men- tioned? Does not the provisions of the law referred to Fonerad destroy or confiscate such property? The jaw makes It a misdemeanor to give away or publicly keep liquor, &c., without a license, and omits to provide one, ‘bus the law does not in terme forfeit or expressly deatroy the wine or beer of the citizen as the law of 1855 aimed to do, nor seize them by undue process of law, but by making it penal to simply keep them and give them away this act as e(tetually in the cmd destroys its value and character of property and takes it away from its owner without compensation. If this Excise act be valid, every person who gives his guest a giass of wine commits @ misdemeanor, and 60 does every apothecary who kee; ® jer of alconoi, The excise acts of other States are not obnoxious to this criticism, for ‘severally im their several excise acts have added words of intent, such as—with intent to sell, or with intent under the guise of a gift to offect a sale, ax in the striped pig illus- tration cited by the counsel for the Excise Board. Even ‘the odious law of 1855 expressly excepted a dwelling house as the scene of gift or keeping, which the act in uestion does not, Others of the defendants are indicted for not “‘elfectually and completely closing’’ their places. Where ia the constitatior power to make such ap enactment? A man's house has always been regarded as his *‘castie."” So long as he does not commit crime tn it or disorde: @ not keep it open as long as he pleases and ’ Concede that the Legislature may Tequlate the hours of sale, -yet wherein consists the crime of keeping one’s premises open to public view, or for private ingress or egress? Many ee ‘walk of life, live in rooms adjoining their _ Some have no entrances to the abode of their families except throogh their shops or stores, where poverty or the de- sre of thrift compels or induces them to Hve, It is not enough to sy the lawmakers did not intend such iaterpretation to be given tothe act, but look- ing at it we find that it eee that the Places ahall be completely and effectually closed, not for the put of preventing sales, but for all purposes, and, at the discretion and judgment of a police officer who has the right to offect the closing, to watch and maintain it. But the gravest constitotional objections attach to #ec- vions 10 tae Do om Mhe Bill ot hag conflict oe constitutional provisions 1¢ Bil of Rights provides, ‘Ns ved of liberty article hou just compensation ; am! by article 4: “The right of the people to be secure im their houses against unsearonable seizures shall not be violated.’ The Excise act provides as follows, 19th and 20th sections: — Bn. 19, Ht shall de the daty of every sheriff, constable, jeeman and officer of police to compel the observance And (to prevent, the violation (of the foregoing provisions hereof; If necessary by autnmarily closing and keeping closed any places in which shail be violated any of such pro- visions, Sue, 20. Every sheriff constable, officer or member of po- Noe shall forthwith arrest all persons who shall violate any of th fsione of this act, and carry such persons before any magistrate of the city or town In, whieh the offence shall be committed, to be dealt with according to the of this act. And it shall be the duty of every tertain complitnts for a violation of any of t of thie act made by any persion under oath. Not only ministerial duties are here conferred upon Berea omcers, but Judicial powers They are to ‘compel observance’ of the law; when and how to compel they Judge. They decide upon’ the necessity, They act by summerily closing. Summarily is a word excluding the ordinary proceaeos, Thoy are to keep the places closed, For how long’ To keep the places clored “in which shall be violated any of auch provisions,” « ¢. ‘the foregoing provisions hereof," that ia to mandatory provisions of the act. may hare soi liquor to only technical gulit, He | not only by tm- Prisonment therefor, but the piace is tainted by his crime, it seems, and is to be kept cloned thereafter, The highest crime known to law i# murder. Will some fotare Legislature ehat up the for all time ia which the murderer committed bis crime, as a high cabinet off- cor Cloned the building in which an ever to be deplored as- fascination was committed? Crime isa personal offence, to be visited by personal reprobation, When an offender is to be arrested under the provisions of this act no warrant i¢ necessary, Some ekilful hand that framed the Metropolitan Police act was careful to liken power given by it to ® peace officer to arrest without arrant under that act to the common law permit, via : “Only when the offence was eommittod within the pre- gence of such Fang oifcers.”” But there is no such limitation in theve sections, Under all other penai Statutes offenders even after they are before ® magistrate aro to be dealt with accord: gene. ral provisions of the Revised Statutes, But the Excise fact raya, ‘ to be dealt with according to the provisions of thie act,” Will ——— after reading the entire ect may where are provisions that will guide him to obey section 20% The most serious question now aries, Can these remedial end puniiory sections be #0 sepa rated from the rest of the law aa that they may be do- clared void without poe the body of the act? The counsel for (he acc’ earnestly urges og to convict them i# to necessarily eubjact them to the Yon Of these motions, Is it em answer for the people to urge that «uch sections never be defendants upon? Coaris mbowld not ex upon criminal offences to the Mabiity of unconatitutional remedies, Since the argument com- menood in the cares now at bar, write of habeas cor. us and certiorari have officially intormed the court that he legalities and what migbt almont be called the un. urval punish nents forbidden by the Federal btil of rights Before rebel woutd ave been scteenved monstrous yay es cakeual gad origina ettroten Seapets to on Y wer, and has’ made ‘at least tolerant Rome legisiators have Hee book after ihe army remwlations and & peace w enter? A ‘perm ‘store and seize and destroy pcg heed, mre to the owner possession and yhe v0.2 Of 4 door afterwards, The counsel A Foasctn gave, 10d to take this Excise act out of Appin and F oro of the decision of the Court of Spiele of thig * sate in the case of Wyaehamer, which Petinctly held "rat any law upon tram in liquor whic atroyed ie ~ wer by express or implied prob peaien, doe 4 quality. of property (aud which case dis. yd roperty), or deprived Fa yt ayy procedure im defeading cap’ , Property, was unconstitutional and void. In Jusion I sustain the demurrers, because I believe ac the aot in question, the Excise sct of 1866, violates che bill of rights by depriving withio the imstances be- fore mentioned, the citizen of bis liberties, by seizing his property without due process of inw, by virtual pro- hibition preventing bis dealing with his own eae and without dne forms of law, or without providing due opportunity for trial, er beg beard upon the seizure of his property. And furthermore, by impliedly confs- cating the fame as a punishment for happening in @ critical moment to be ita possessor. If there are any other like indictments of records the same decision may be entered upon motion. When the decision was rendered District Attorney Hall rose and said, addressing nis Honor Judge Kussel:— ‘A gentleman at the bar was just about to rake a mo- tion, which, perhaps, your Honor did not apprehend. Of course it is made the duty of every officer by this Excise act, which bas just been reviewed by the Re- corder, to proceed quite stringently and rigidly under the act, and therefore, in the discharge of my official duty, I had noticed all the parties who were under indictment under that act of this morping, as is the usual practice of the Court, to plead to the indictments that had been found. The drat day of the Term, as your Honor kuows, is the usual day assigned for pleading. I am given to understand by the several counsel who are around me, that the court ts quite crowded with these defendants; and therefore to relieve the Court and enable it to pro- ved with ite bueiness, it is but fair and just I should say that so long as the decision of this Court remains, unless your Honor ui having it reviewed before you should think adversely to that which hes just been rendered, J, of course, out of respect to the Court, should not call upon any detendants in like cases to plead. Therefore, it your honor desires to look into this question—perhaps you already may have done e0—I can adjourn these cases until some future time. Judge Russel—I have not read or examined the act, and of course so far as the decision of the Recorder is concerned, it would be controlling. 1 intended to have suggested to the Digtrict Attorney that the cases would probably go to the Court of Appeale, and it would be bet- ter to take no action on any indictment until we got a decision from that court. District Attorney Hall—The Supreme Court cannot, under any circumstances, review it before Novem- ver next, for I had an interview with the iding Justice in relation to the unconstitution- ality of another law—ihe boat act—in which some motion was made whether they would hold a sp:cial general term forthe purpove of hearing the people's appeal from that boat act. There will be no genoral term ‘wntil November, and the consequence is that this deci- sion could not be reviewed till then. Therefore, in re- spect to this last suggestion, I may announce to the coun- wel who are present that they may discharge their clients until next October. Mr. McKeon—I represent a number of these cases, and as the District Attorney has given my clients notice, I would ask that the indictments be quashed and that the defendants be discharged. Under the dociaion of the Recorder, I ask that these men may be disc . The Police have gone on and arrested these men, and 1 want to throw the whole force of this Court against this law, 80 that there shall bo no pretence for the arrest of men hereafter. For that reason I ask that the District Attor- ney may follow this me poet in saying to the Court that under the decision of the Recorder he {s not author- ized to hold these men for one moment. matee Russel— What says the District Attorney to that motion District Attorney Hall—So long as this decision is not reversed, I shall not proceed any further. oa McKeon—I shall sek that these men be discharg- 2 Judge Ruseel—They must remain in duress certain length of time before you make that motion. I prefer ‘that the matter take the usual course. Mr. Spencer—1 am counsel in fifty-nine of these cases, and on the last day of thie term I shall move for the dis- charge of my clients, Mr. McKeon—-In the habeas corpus case (an indictment against John O’Brien), I suppowe the prisoner is dis- charged. The Recorder—Yes, sir. ‘The counsel and defendants in the liquor cases then Jett the court, THE GRAND JURY. As there was nota quorum of grand jurors present, those gentlemen who answered to their names were dis- charged till ape 4 morning, when the requisite num- bor will be obtained. SENTENCES. ‘The Recorder proceeded to pass sentence upon the prisoners who were remanded since the last term. Charles Phillips, guilty of burglary in the second de- gree, was sent to the State Prison for ten years; Gemale Kennedy, who pleaded to an assault, with intent to rob; and Lizzie Roberta and Nettie Brown, fashiouable shoplifters, were cach sont to the State Prison for five years. Edwin Seymour, who pleaded gulity to bmi third degree, was sentenced by the City Ju years imprisonment in the State Prison. John Jones, who was found guilty of picking pockets, was sent to Sing Sing Prison for four years, lary in the eto five Judge Clerke Thi Constit Applications were made to Judge Clerke, of the Su- preme Court, against the Board of Excise and Commis. sioners of Police for injunctions: similar to those issued by Judge Cardozo in the Court of Common Meas. Judge Clerke said that from auch cursory examination as he had been enabled to make of the law it seemed to him ‘to be constitutional, He should not, therefore, grant aa ct it present, though he would, of course, give ow catise, if required, but without an in- Junction in the meagtine. In @ Case Where # Liquor Dealer Has No License ef Any Kin: COURT OF COMMON PLEAS. Before Judge Cardozo. Jory 2.—Jeremiah Driscoll vs, Jackson S. Schultz. — This was a motion to make perpetual an injunction issned against the Excise Commissioners restraining them from interfering with the plaintiffs business at bis store, No, 33 Oak street. Mr. Smythe, who appeared for the plaintiff, said the facta in this caso were similar to those in the Holt case, except that Holt had @ license from the old Board of Excise which had not pies, while in Driscoll's case there was no license at all. Inthe Holt case the Court had the Exouso law of 1866 to be unconstitu- |, and he presumed the ruling of his Honor in that case Would apply in the caso of Driscoll. Mr. Bliss, who for the Excise Commissioners, ‘Mr. Schulte, the President of the the Excise Law read the affidavit Excise Board, which went on to state that the defend- ants were al ‘able to respond in damages for any bundantl; injury that may De lnfiicted upon the plaintif”. Asa Board pron Rage thane = oo million one ore —- dotlars from w! can pay any damages that may arise out of the arrest, An fiavit was iso real 16 show that the plaintiffs place of business was open at all hours of the day end night, and that it was frequented by a low class of customers. Mr. Tracy then went on to say that bis Honor having already decided that the law of 1866 was unconstitutional and void, he would be com- face redress under the of former waSThe plaintiff m this action the court to be protected in a business which was unlawful. He ac- knowledged that he had no license and bad bad none for three Poy yet he had the audacity to come to court and ask to be protected in his iniquity. Now, striking the law of 1866 out of the question, under the provious law of 1857 the plain prohibited from retailing liquors without a license under a penalty of fifty dollars, Section sixteen of that law compels the to arrest ‘all persons who are in violating the provisions of the act, Again, the Metropolitan ‘act of 1860, which has never been repealed, and cannot be ques- tioned, fully sustains the police in the caso of Driscoll. Section forty.two it shall not be lawful for any one to sell liquor on the first day of the week, called Sunday, under a penalty of fifty doll and directs the buperin- tendent of Police to enforce the law by arresting the offenders on the spot, Hore, then, was & general law under which this clase of of- fenders could bo arrested. Section thirty of the act says it shall be the duty of the potice to enforce strictly ail laws in regard to the observance of the Sab- bath, and charges them to arrest parties without waiting for the formality of a warrant, The position of the plain- tiff s simply this: He is an offender inst the laws of the State, the validity of which he not question, and he asks your Honor that this Court may him Ss og ye and immunity from arrest, In order grant him that protection you have to demolish the Revised | @ act of 1867, tho Metropott- tan Police law of 1840, Now, then, ‘the question will your Honor continue an ' injunction giving this “man authority pursue an unlawful oc cupation, and reeig ming the police from doing their duty acconting to law? The plainti cannot ft legal remedy for anything which in itseif is illegal. principle was laid down by Judge Denio, cane where a man sued to recover for liquors sold to a - bor, the Judge decided as the piainti had no license to sell he could not recover. Chief Justice Barbour gave & sim lar decision, In cone! ) the counsel gubmitted ‘that the injunction should issolved for the Tullowing Teasons Pird—Becanee bis business was an unlawful one, Second—Recause it was the duty of the police, under the tawe of 1867 and 1860, to interfere with the piaintiit im the manver they did. Third—Because the court, as court of equity, cannot grant him any relief in an occupation whieh i= Mr. McKeon, who aiso appeared for Driscoll, sup. Port of the motion ed that the court bad noth! to do with the laws of 1857 of 1860, as such of as referred to the selling of liquor had upon the pemsage of tho law of 1866. Su pony | the sake of argument, that the eit w ‘1867 was in force, the most the authorities conid do was to Impose « fine of $50 upon the plaintiff, He was not sub- Jeot to continual arrest and annoyance under the pro- Visions of that act. After some rere fener from Mr. Ruin bes pa Pers were submitted to t who prom! ren- dor bis decision at an carly on : Exetee Law. BRVORB JUSTICE CONNOLLY, ‘The excitement in regard to the Excise law ie gradu- ally settling down into @ personal issue between the police and the Nquor dealers. The order of Buperintend ent Kennedy tamed yesterday instructing bis subordl- Bates exercise » arasia) and weroliar surveillance over all partice who bave procured injunctions, and in every instance of Ly transgression where {immunity is ne expressly and dietinctly secured by the language of me judicial ‘order, to take the benefit of the doubt, the ‘versing the ‘old common law axiom and visiting the sup- posed tranagressor with the full weight of Meetpopetiien: wrath, i@ not the only evidence of this bei: i espn in which the enforcement of the decrees of the Board is being entered upon by those charge? with thi doty. The police continue to bring befe the courts their usual quota of prieaners charge” with violating the pro. visions of the Excise law, ®4 though, it wore n thas each acertain number Enould be im sacritic'al offerings to appears the wrath of. offen majesty in Mulberry strech, Many of these arrests are on the most frivoloug snepicions and upon inferential vidence, that if reljo% upon to ‘commitment for any other offep%e would subject the officer making ich arrest ‘severe roprimand from the Court. For in- tance: In the case of Joseph Hill, West Forty-third street, reported in yesterday morning's Hxranp as hav- ing béen arrested Sunday, after twelve o’clook noon, and Gobsequently locked up all night, officer McMurray, of of the Twenty-second precinct, who made the ‘swears distinctly that he saw no ale or liquor of any rind sold or given away upon Hill's preminos. He statos that, in company with officer Austin, of the same precinet, he approsshea Hill's place, and eome men who were ‘sit. ting on the front stoop told him to go through the hallway. He did so, going first into the ard, from which he saw a number of people in the toon ‘De then went into the barroom, accompanied by Austin, and going up to the bar, sald to his compan- jon, ‘What shall we baver” Whereupon Hill replied that he had nothing for sale but root beer and soda water, McMurray then remarked that be a) must have oF for he (McMurray) emelt it, and Hill rejoined that he had just been drawing some for his dinner. Officer Austin’s statement is substantially the same; the “number of people in the barroom’? betng described by him as throe or four; and stating, furtber, that upon Me- Murray asking Hin if he did not kuow that it was the law to expose liquor for sale on Sunday, referring to the botties on the shelves, Hill replied that be did not know that he bad committed any violation of the taw in rmitting them to remain where they were, and if he supposed ft was, he would have put thom away, and immediately commenced doiny +9. Wilham Devine, who waa in the barroom at the ( swore that the place was fully and effectually closed in front; that he knows of his own knowledge that the statement made by ‘Hill that he had just drawn a glass of ale for bis dinner was true, and that Hill uses his ym with other rooms adjacent as bis usual place of abode. The case ‘was dismissed, there being no proof that any offence had been commitied. Anothor instance illustrative of this new feature was the arrest yesterday morning of Theo- dore Trader, doing business at No. 117 Kast Fifty-third bp? we set ee ae i rego sense of osficer Kenny, io Nigeteenth precinct, by being engaged in the hemoralizing oconpatien ‘of botiling lager, without having previously obtained permission to thus employ his time or being protected in go doing i a) injunction, Also dismissed. Likewiso John Albert, No. 739 Third avenue, arrested for selling weiss beer, No charges have so far beon preferred against ies for being engaged in the sale of root beer, but it is evident uncertain how long they can expect to be #0 exem| The above cases were brought before Justice Connolly, at the Fourth District Police Court. Yesterday was the first day of Justice Connolly’s being called upon to ex- amine into this class of offences in his capacity of com- mitting magistrate, and in the course of the morning he took occaston to say that a jurisdiction superior to his having decided against the legality of these arrests and declared the alleged offence to be no offence, he could not regard it to bo his duty, in contempt of this decision of acourt pomensing the power of reviewing and re- vVersing any ection of his, to give a different interpreta- tion to a question of constitutional enactment to that which such court had made, and in the event of the d6- cision of the Recorder ceiuciding with that of the Court of Common Pleas, his duty being then clearly defined, he would refuse to hear any complaints for violations of this Excise law pending the final settlement of the ques- tion raised us to its constitutionality, The following additional cases of offences against the Excisgdaw were brought before him and the parties held in three hundred doliars:—-Frederick Kolp, Third ave- nue, botween 122d and 123d streets; Henry ) 637 Socond avenue; Martin Gooderieh, 410 West second street, . BEFORE JUSTICE SHANDLEY. The following cases of arrests for violation of the exeise Jaw were reported at this court yesterday :—John Lauer, 116 Ludiow atreet; Patrick Reynolds and Patrick Bug! No. 8 Mouroo street, and John Worthman, 150 Orchu street; Abram Speth, 71 avenue A; Gaul Bouder, 194 Fast Eloventh ‘street; Julia (wite of Paul) Bouder, 104 East Eleventh street; Charles Beauder, No, 1 First avo- nue; Carl Warner, 319 Bowery; William Bettoman, 140 Seventh street; Samuel Westman, 54 Hestor street; Fer- dinand Cellarius, 96 Hoater street; John Adelman, 196 ust Houston street; Louis Garbade, 148 Ludiow street; Charles Jane 17 Esgex street, They were each bound over in recognizances of $100 to appear at the next term of Genera! Sessions, BEFORE JUSTICE DODGE. ‘The following is a list of the persons brought before Jusutee Dodge, at Jefferson Market Police Court, upto four P, M. yesterday, charged with breaches of the Ex- cive law, They wore all discharged on giving bail in one bundred doliars cach :—Leopold Sand, 67 Fourth avenue; August Maz, 107 Bleocker street; Thomaa Thoruton, 1,178 Broadway; Henry Balknitz, 146 Third avenne; Mathias Gorameiler, 350 First avenue; Jon Daley, 238 Thomp- son street; William English, 216 East Seventecnth street. Daley aud English were charged with committing the alleged offences yesterday, and the remainder on the day before, BRYORE JUSTICR DOWLING. Justice Dowling yesterday held the following named rsoné to bail in the sum of $100 cach for violating the xcise Inw:—-Wm. Koblencamp, 183 street; Otto Rungen, 62 Franklin street; Jacob Schultz, 11 Centre street; Edward Kondobl, 88 Bayard street; Frederick Mare, 476 Pe: treet; Veter Beats, 243 Centre street; Moryan Sweeney, 24 City Hall place. CAPTAIN PETTY AND THE FIFTH WARD LIQUOR DEAL Captain Petty, of the Fifth precinet, yesterday morn- ing made the following report to Inspector Carpenter re- specting the quor dealers of his precinct, and the effect upon the public morals of the injunctions issued by Judge Cardozo :— ‘There are twenty liquor places ‘open in this precinct to-day (Sunday), the proprietors of which ere selling and disponing of liquors in violation of the Excise law, They are protected in their illegal and ruinous traffic, and allowed to desecrate our Christian Sabbath by Iniunc- tions issued by Albert Cardozo, Judge of the New York Court of Common Pleas, moet of them served upon me of the places so protected \d_ whites of the lowest and most degraded character; another 1s the resort of thieves of every description, burglars, ‘and robbers, and kept open until three or four o'clock in the morning. Others are grocery stores, to which the young child ts sent to,boy rum for its and who not un- frequently retaras to take ite first taste of the demoral- izing bovernge, Crowds of persons have resorted to these places ome aera shrine of Bacchus, and making rim their gi Eva Hartung, wife of William Hartung, No. 486 Canal street, and John “cherer, Greenwich street, both licensed, obtained injunctions for the purpoee of ‘allowing them to keep their places open Sundays and after twelve jong at i Their . ae P enya nin Bi oe number ef perso uring lay evening. Notwithstanding this free wade in ram the precinct bas been comparatively quiet, although a larger number of arrests have been made for intoxication and disorderly conduct than on avy previous Sunday since the 1st of Moy. Vive La Litertt, Vive Le Rum NEW JERSEY NEWS. JERSEY CITY. A Bor Rescrep rrom Drowsc.—On Sunday evening a boy about nine years of age fell into the canal at the foot of Van Vorst street, and would y have met ‘a watery grave but for the timely ald of « Mr. Watson who jumped in and saved him. So prompt was the gen- tleman in giving assistance that be did not wait to re- move even his outer clothing. Reoconpen’s Ornce,—Justice Bedford, in the absence of the Recorder, disposed of nine cases of drunkenness yesterday morning. One of the parties, named McIn- tyre, was charged with committing a violent assault on two of the officers, but be was let off with « ane. Tre ALLEGED BURGLARY at Tan Savtvos Bax. —Daniel Casey, tho suspicious character who was arrested on Pri morning near the Fifth Ward Savings Bauk, wae brought » for examination, but was discharged, in the absence of any evidence to implicate him. HOBOKEN, Scrcrpr By Drownrxa.—An inquost was held yesterday on the body of Jenny McKay, aged fifty, who met her death under the following circumstances :—She had been laboring under mental aberration for some years past, and om Sunday afternoon she took some medicine which 1 seems intensified her internal agony, About hali-past eight she gailied out from her residence in Proapect street towards the bridge which divides Hoboken from fame ee and did not return. Her busband made a searc’ found her in the water at the aforosaid bridge. The jary tendered a verdict that deceased came to her by drowning while laboring under temporary in- sanity. She was a native of Scotland. Fine wy Wastincton Strest.—A fire broke out yester- day in Washington street, which at first created sorious alarm, but was extinguished without much loss being incurred. The roof, being of piteh, had not quite caught the fire, of the mattor might bave proved to serious to cope with successfully. Coroner's Inquest. Benpay Death oF 4 Ponce Orricen —Abont ten o'clock Sonday evening Chauncey R. Jump, an officer attached to the Nineteenth Inct, died ruddenty at his tate rest: dence, No. 763 Third avenue, of consumption, which disease he had been #iifering for many montla past. He was an officiont officer, and bas left many ‘warm personal friends, both in and out of the Police De- Todd, of the Nineteenth Tou charge of te remelne snd ifects belomeing to de- i oeased, and notified Coroner Gainbie to bold an inquest. the nt. The following i@ the list of treasure browght by the sthamehip Northern Light, Captain Weir, which sailed fronbAspinwall on the 234 ult. and arrived at this port at a late hour on Sunday ni; From sam rraxdiaon, C. H. Grant & Co, Dabney, Morgan & Co, THE ZourH. ALABAMA. Prospects of the Cotton OrppeFears of Its Fallure—A Uniom League. OUB TRAVELLING CORRESPONDENCE. Bam County, June 19, 1866. Recent travel over a large proportion of the beat cotton Producing sections of this State has given me facts and information from which a tolerably correct estimate of the pres*nt condition of the cotton crop of Alabaina may be made; but this estimate cannot be flattering or very encouraging. The continued and excessive rains and heavy gales of the spring have greatly interfered with the planters of the Alabama river bottoms and the “cano- brake (this latter embraces the counties of Perry, Greene, ‘Marengo, Lowndes, and parts of Dallas and Wilcox), and it is held by some that two-thirds of the crop has been cut off, while others somewhat more san- guine hope to make half a crop—not, however, half a crop of such ag was mado in the days of ry, but baif of the estimated crop under the free labor system, which would be equal to about one-fourth of our original crop, When this is reduced to figures it may be stated that the cotton crop of all the cotton States will amount to about one million bales, It 18 true Mr. DeBow, aftor his visit through the South, sets the dguresa little above these; but when he visited us there was then a prospect of making two million bales; but the unusually heavy rain since then have alarmingly reduced the prospect. From what I bave seen and heard within the past month ‘we will do well to make oue million bales, ‘The Alabama river, a week aco, was goveral feet higher than it has been tor a number of years, the consequence of which was, the magnificent cotton fields along its ks were, and are atill, one vast sheet of water. The rise of the Cahawba river was between sixty and one hun- dred feet, making it, according to the statements of old settlers, more than five feet higher than it has been known to be in thirty years, The Coosa was equally as bigh, and the damage that bas been done is immense. ese rises ‘crops have beon greatly injured,’ The cotton on these lands has been much injured bugs, while the corn has “tyetlowed”? much, and both are #0 grassy that many ‘will be forced to ‘throw out" a portion of their cotton to enable them to “clean” the reat. The negroes, in thelr new state, have a very coneiderable aversion to a grassy field, and this wil rate very materially against the crop. Taking all the into consideration, and viewing eli the bearings, I tear there will be much less cotton made than many are supposed to believe. ‘Not long since a paragraph appeared in a New York Paper to the effect that there was a Union league orcani- zation in this State, numbering about eighten thousand members, all of whom could take the required test oath. + ‘When that paragraph appeared I had never heard of such an organization, and was somewhat inclined to dis- credit it; ‘but recently I find it is true toe certain ex- tent. In travelling through this part of the State I find the leazue frequently alluded to, and have taken the trouble to interrogate those acquainted with the organt- zation in regard to it, I will allude to it as it exists tn ‘this county, and give the particulars as far as I could cae them. The organization was originally gotten up ag the war, having, principally, for its object to cive countenance, aid and protection to ‘those who might do- sert the confederate armies. When the war closed there ‘was, #0 Tam informed by reliable citizens, about two hundred deserters in this county; but of the whole num- ber not one ever had either character or respectability. These were harbored and cared for by this anti-confede- rate organization, but now known as the “Union League.” After the sorrender, by the advice and with the aid of federal soldiers, the thing was reorganized, and now has for its object the elevation to office of euch men as endorse and will adhere to the doctrine of negro equality disfranchisement of the confederate portion of the South, and, in short, the whole line of policy as pro- ‘claimed by the Stevens-Sumner faction. GEORGIA. The Cotton Crop—Southern Post OMees. OUR BAVANNAH CORRESPONDENCE. Savanxan, June 23, 1866, ‘THR crore. Since the date of my last letter to the Heratp I have mot an intelligent planter who has recently travelled over both Georgia and Alabama, and carefully inquired into and examined the crop prospects in thoco States, ‘He pronounces the stand ef cotton indifferently good in fome places, and bad in most, wherever he bas been. Apart from the newfangled labor depended on for culti- vation, labor ‘to somo degree uncertain and unreliable, labor at the pleasure of the laborer, who in too many instances does not, or cannot, appreciate hie own interest, tho unusual and extremely unfavorable weather of the last six weéks or more has choked up and paralyzed that vegetetion and growth on whic is the main reliance for food and raiment, or that which superinduces the attainment of these essentials. Hail and wind storms, heavy and continued rains, have seriously injured the planting interest, and very short crops, it is apprebended, are to be added to the Incon- veniences and sufferings of the late war. Cotton and corn thus thrown back while yet so tender, grass cover- ing a majority of the fields and springing up and matting with a strength and vigor that will demand constant and great labor to eradicate it—in some cases requideg the abandonment of from one-fourth to one-third of the cultivation or re. munerative work of the plantation to assure crops at all—these and other patent and palpable cases will (in tho opinion of this planter) reduce the crop to less than one million bales of cotton, and possibly an inadsquate amount of corvals. Cotton most yield from fifty to pottery Mi cents per pound to afford the planter pay, and a less price ia apt to occasion losses and failures that will be feit all over the world. My informant admita, however, that, with persever- ance and good management on the part of the planters and favorable weather from this time forward, matters may be somewhat improved. THR POST OFFICER, Congress seems determined that the Southern States shall have no mail facilities, any more than representa. tion. All that it allows them to do is to pay taxes. So e was the difficulty in obtaining in many places in 6 South persons of lity and character who could take the iron-ciad test oath, that the General wisely overlooked the technical legal require- ment and allewed posimasters act on takin; the oath required by the Constitution. Ths wise and generous Congress has for- 5 ‘consequent! all postmasters and agents communication with the world large communities whose interests must suffer greatly thereby. To this com- plexion Congress insiste it must come at last, ‘THE BOUTHERE REVENUE AND CUSTOMS OFFICERS who cannot take the oath havo also been notified to walk the plank; they cannot bold their although hey have discharged thétr longer, ties well, In this matter government will be the greatest sufferer. The Parita South, A correspondent who has been for some time in New Orleans and sbout the former fine sugar producing sec- tion of Louisiana that lies above and below the city, gives us some interesting information with regard to the state of things there trom the time General Butler was in command till after the close of the war, He had scen that portion of the country in its palmy days, and was able to mak « comparison between its condition before and since the rebellion. He saw the operation and offecta of war, as well as the doings of the cormo- Tanta who followed in the wake of conquest Tho doctrine of political parties of the present day, that ‘to the victors belong the spoils," was literally carried out by Butler and the tribe of New Fneland Puritans that accompanied and followed him to New Orleans, Some things have been said and written by indignant and prejudiced Southerners against the General and his friends that may not be true, and a good deal has been said in palliation of their acts; but it fs certain they left a blight behind them which was not the legitimate result of war. It ia Known that the lower part of Louisiana to which wo refer was the sugar producing region of the United Staten, No soil in the world is better adapted for the growth of sugar, and unlike the soil of Cuba and some other countries, the cane never wears it out, although the frost occasionally nips the ing cane and prevents a crop. At the time Louisiana was taken ca the Tion forces the plantations were ina thriving condition, and there was a considerable stock of sugar on hand in 0 of the planters and in store. The Massachu- setts apeculators and negre philanthropists, and for the most part the non-combatants accompanying Butler's expedition, cast longing eyes upon the sugar, the sugar plantations, and the ly furnished residences of Pebel sympathizers, This yy was too tempting encape the Puritana The rebels of Louisiana wero the ‘most horrible of all rebels, and it was only proper, for the sake of the Union, that this property should be selred. ‘That of woll-known rebels was taken at once, then that of those who were absent, whether the absontece were belli- gerents, of within the rebel lines or not, The preaumption ‘was that those who were absent were rebels, and their pro- perty seized accordingly. Another and a large clas: were adroitly inveigied into registering themesives ag South. pathizers and were declared enemies. This clase, ile, were ordered to leave and sent across the lines without being permitted to take any of their eo Property with them. Not men only, but fami- ea, were thin expairiated without being allowed to take #0 much, even, as family souvenirs. |, were the ie Meats” oer aan ee ark od hours’ notice ‘can their homes when these homes it the refined pate) pearag But wile ‘capital Tee required. Wd r. tle 4 work the plant ons, The sugar mills and imph of husbandry on many places were there, as well asa. portion of the stock cog many of the negroes, These speculators did not care about preserving the plantations or the seed; all they wanted was to mak money possible in a year or two, consequently they did Dot plant new cane as the old planters used $0 So eraty year, but used the stumpe or rattoons as they ‘which were standing in the ground, and from w! cane sprouted much as sprouts come out of an old cab. bage stump. ‘The consequence of this system haustion * without renewing or repairing thing, left the plantations after the irst after two Lge Be oe in @ ruined 16 vampires who th rritory abd then left it deso feblood out of this the lfet out of this terri ware rulued; and 14: be raii late. Many of the sugar plant will be some years before much sugar can Louisiana again. The blight that has come u} ‘thi important branch of agricultural industry in the Boath ia» not to be considered as necessarily resulting from th: and f o war, bat, in agreat measure, as the resuit of the o ity of Siamace husetts Puritans who went with in the wake of General Butler. Nor has Louisiane: alone been visited by thie consuming borde, The revelations made by the ernment —commis- sioners, Generals Steedman Fullerton, who were» appointed to mquire into the operations of the Freed~ men's Bureau, show that the same class oo have been acting ina similar manner in North {ina and» otber ‘of the South, Everywhere the white cravat | New. Englander—the roverond Puritan—fguree exten- sively in these operations; everywhere thie class of pre~ tending negro philanthropists are found to be the most rapacious persecutora of the whites and the hardes? taskmasters of the negroce. These are some of the many unmistakable evidences that Puritan has got the upper hand in this conntry. When may we | hope to see the day when thie unscrupulous tribe, occa. pying a small corner of the country, will cease to control the affairs of a mighty nation? View of the Politica:> astion, TO THE RDITOR OF THE HERALD. Hoveron, Texas, June 18, 1866. Before the war I was a Louisiana cotton planter, culti- vating the alluvial soil of the Missiasipp! bottom. I ar ‘Ro politician, and never made a speech nor ran for an: office in my life, My grandsires by both parents were native Carolinians and soldiers ef the Revolution. T belong to that class of Southerners that Sumner an¢|: Stevens hate, and for thie reason feel more willing to + write my sentiments on the momentous questions that are now before the country. During the war I mixed daily with the Southern.po»- ple, from Tennessee to Texas. The ery of the wi © North—newspapers, politicians, commanders, goveri~ ment officers and all, that ‘they were fighting for th Union and constitutional rights,” was knot throughout the South—this and the cry of the North that “the war was upheld by three hundred thousand slaveholders solely for their ah rag interest in human» flesh’ had @ most powerful et ‘upon a very large class of the South. I have heard the expressions a thou- sand times over that “they did not feel fe in bene 9 for slaveowners,”’ and that ‘it was a rich slaveo war and poor workingman’s. fight,” and thas- “the people had better unite and put down Massachay,, settte and South Carolina These sentiments and ex: pressions were not confined te one locality, bat the masses of tho non-slavebolding class. There my 4 thing certain, every class looked.upon it—on oe es tho North—as a war against slavery and for ‘nt and the moment the negroes were given uj upon surrender as simply @ restoration of the Union and the constitution, but fourteen months after the surren, der we Gee ay hyp orn ge Hoo the Sead of Cons a Wy tax levied uj r against: consent Tpectal Jawa passed. to regulate ber po reer ng and every insult heeped upon her by @ still enraged faction—by a party that well knows that the Southern vote will give the balance of power avainst them—by the Massachusetts school of radical politica Massachu- setts and South Carolina warred for thirty years, and | culm‘nated amid the roins of Colambas and Charleston, Massachusetts triumphed and is determined to keep the: uppermost, and may yet do it until a ground swell from. the conservative elem-nt of the Jans. f will drive beck oe Puritanical sp'rit over very ashes of joaton. The Northern people mnet remember there are no slave- holders here now—no distinction of classes—no rich and pone that we are. fons boi on a level. been insalte- are he upon Row, are u} ple, pom poo pea clageoa. At Gots Vine aise. Selves ies confidence upon the coming elections to enable the people of the North to give her justice wnder the conatitution. But lot these ebvctions —_ her her rights; let her once- Eepebsiates be cont ont om degraded as territories; let er people be scoffd at as unworthy of ruling them- seiver, and you at once commence schooling them in those deeper lessons of opposition and hatred that deter- mine the goal, and which histery shows has long made concions power feel its weight. The Duke of Al fo the Netherlands, was am example of this. The South will never aguin fight for her se] - dence. If she is driven to the wall, there will be and ane A Southern inscribed on her banner, “The Union tion.’’ Her votoe at this moment is more sti the constitution of our fathers than proremproous sachusetts, and it is firmly believed here that she will yet form the of power that will enable this gene- Sekt ara 00 cnr a this same const! ub, Oh, my countrymen, aannot oll be poured without wadit e 2 3 S. 3 Hi 3 5 z . 3 2 = 5 5 g z ist tho ship of State, and we are beneath the surface. intry and every | bo ag gs rooks that Ii every lover of his cou tional liberty to cultivate @ spirit of of Americans are ded husband and wife, and counsel on behalf of the Plaintiff” sought for alimony at the rate of week, = ae the defendant had, ot neg vous , had come on several ome to bis residence at 70 Colambia strect late at night, and there assaul wife ma cruel mauner, abanioned” her and meplected io neglected to- provide for her support, im bie aaarit, mated that he had neither negie ved tn Provide for hi ae abandon: a i she had taken away some property, that he believed . ha ‘en‘euvored to alienate tho afections of his wife tram ma him, It was alle; that the defendant nome tine followed. the Dusinen of & cepent Pantie cently kept a cigar store, had, after the service of the Papers upon him, transferred his t another py $1,700 and taken down bis signboard. The Yok the papers and reserved ite decision, The Nai RCKFORD, OF BROOKLYW, IRVINGTON, N. 3. The first mme ef a home and home periea was yesterday aftersoon between the abor Laon Irv) i. J. ite ths Meads of ant pot male ant ene Fekfora nine were very rusty, and played, ‘with one oF (wo exceptions, wildly and loosely, while the Iv nine played coolly and mssteriy throughout. The bate ting om sides wae very good, but the fielding of the Irvingtons was {he waperve to that of their edverrariea, At the close of the Presented those of both cluikoane, ladiew of the, village scores with handsome boquets, 4 ine mem! i ; Trviny Club entertained their woh ta upon soore is aa follows: — ber with thi i, om ns ate aera