The New York Herald Newspaper, January 31, 1868, Page 6

Mass Meeting at the Cooper Institute. @reat Rally of Democratic Citizens. The Revolutionary Action of Con- gress Denounced, Military Dictatorship Treason to the Nation. Whe “Ircs Man” Fohnson for the Presidency. “NO VALLANDIGHAM---NO PENDLETON,” GRANT NOWHERE. JOHNSON VERSUS RADICALISM. Bpeeches by the Chairman, Mr. Hugh Maxwell, Senator Doolittle, Mz, McMahon and Others. ‘Mee Cooper Institute was crowded last evening with am enthusiastic gathering of democratic cittzons, con- ‘wened under the auspices of the Constitutional Union, ‘to gvve expression to their sentiments with regard to the @emocratic candidate for the next Presidency. One of he resolutions was, ‘That this meeting is mot calied to nominato a President of the United States or to indt- ‘ate directiy or indirectly the name of any candidate Mor that office,” Notwithstanding tnis resolution, the ‘whole expressed and enthusiastically demonstrated object and intent of the meeting was to give a public endorae- ment of Mr. Johnson for thenext Presidency, His name tm that connection called forth the most unbounded *athusiasm, while the names of Pendieton and Val- Jandigham, indirectly referred to, were loudly hissed ‘aad hooted. Sherman and Bancock were spoken of M@terrogatively—would either of them be acceptable ?— ‘and the mention of their names received some con- @iderablc manifestation of approval. But when the “Tron Man Johnson”? was supgested the whole audience wose and checred as one man, ‘The platform was handsomely decorated with flags of ‘the Union, and just above the speaker’s chair was an Amscription in the following words:—“We stand by those who stand by the constitution, ‘The spirit of '76 still Myes.”” A band of music was in attendance and played In the fmvervais between the speeches, while outside of the Building those who could stand the bitter cold and felt «@my interest in democratic matters witnessed the explo- sien of fireworks, which were, to some extent, signals to twdicate that the oratorical explosions had begun ‘Within the building. A little after seven o'clock the meeting was called to ‘srder by the election of a chairman in the person of Mr. Bogh Maxwell. The Chairman, on coming forward, was recetved with oud demonstrations of applause. He said:—Fellow ‘thizens, this meeting is of no ordinary or partisan ebaracter. The people of this city are asked to moot ere to-night to express their opinion upon grave con- -mMutional principles, and toexpress their opinion as to ‘the fanatical and extravagant and violent measures that -are atlempted to invalidate the constitution of the ‘Waited States, Under euch a call I prosume that this assemblage came here with sentiments of devotion to the country, with the desire to give expression of their epinign here to-night—/applause)—with others who, Mke themselves, are desirous of living under the con. siKuttion—a constitution guaranteed by the blood and sacrifices of men who: memories you delight to honor. (Cheors.) In timos past meetings of the p ve been held upon varions occasions Protest against the wrongful attempts of men whose duty it was to exercise some power in t government of thé country. I am old evough to re. member and to have acted during tho warof 1812. (Cheers) Then, as now, there was a party in this coun- Wy who arrayed themselves against the government ef Madison, and sought to paralyze the arm of his government in defending the country against the assaults ‘and acts of a foreign foe—(cheers)—the people during hat time, aware of the important interests involved in the question, discarding all party. I remember well to bave been present at more than one meeting Goring the war, and men of various potitical opinions aesembied together to join heart and hand inst the faction that asvailed and impaired its usefulness, There- fore permit me to say that a meoting of this kind is cal- culated to have a powerful effect apon the public mind fm directing them aright as to their conclusions upon public measures, uninfluenced by the ideas of men or divided by opinion on mere party matters. A meeting of tnie Kind in this metropolis of the country wil find an echo in the remotest parts of the land—(ap- Plaucc)—betause you are expressing your attach. Ment to youtfcountry, your devotion to your constitution, your determination to arrest the attempts thet may be ‘made to ruin your glorious constitution, and expressing your determination that the fanaticat acts of a party Shall be stopped by the voice of the people, (Appiause.) ‘That expressinn will find ap echo throughout every part ef the land. In the war of 1812 there were great con- atitutional interests at issue involving the governments ef some of the themselves in opposition to the authority Of the President of the United States. It cai not be forgotter that the authority of the President then denied, purticularly In Massachusetts, (Groans) violence of At that time, notwithstanding the party, motwithitanding the lengths to which th effrontery of the faction was carried, and t ‘vile attempt to eitablish a convention at Hartford, th never had the audacity to attempt to impair the ‘authority of the Supreme Court of the United States. (Appiaase.) And now, at this day, after having acquired & glorious triumph ‘over the rebellion, after baving established & goveroment recognized by the whole ‘World a€ the most glorious In existence—now, in order ‘te accomplish some pettyfogging schemes, there is an @ttempt to invalidate the authority of the Supreme Court of the United States, to carry out e in reference to some Therefore [ ask — thi ask the people of this county, whether Geir eyes to the object sought to be oviai mact Their object is to bave a negro supremacy and elect rome m who will favor their projects. It @© and it it, therefore, the duty of the people of this Semty to look to it. If you value the liberty, if you ‘wahe the privileges of your constitution, let your views Cea, Tey will reach the extreme limits of the im the end produce that change in public senti- MeMwhich will resiore you to your liberty, to your peece and that tranquillity which we require as a free Batier (Cheers). A long list of vice presidents and secretaries was then favorite TRE RESOLUTIONS. The fillowing resolutions were then adopted as the of she meeting with enthusiastic cheering — upport thoae who ition 80 wisely tute this the best ernment he world hasever seen, while it hered (0; md whereas, the majority in Cong ble dieregad of this momeutous truth, hat measurably hority of es with the eardinal repubitean government, rea. me over the civil muthoriiy, thes Agulusta republic, therefore, eng ering the miiitar, supe $a ‘et atd greatest 0. wrog thy revotutionary action of a majori te syowed purpose of perpen ot, faction gee extreme and in tly obwoxious to ¢ Vivellest apprebe: peing of the reputiic, ejuence of this wrong-doing by in acting wituout “out peopie should ec euch nn ‘jority of side uy cv thy 6 to the rem ue, aud 18 boliing sccounebie and eondemuing these vio. lations o\ %e organic law save the government and the sooty fr the ruin which hreatens both, ved, further, That thecoortitution, as a whole, em. ’ re eo 0 cea eis i the only expression of the Wii, and that in the ereation ‘of executive, fo luive departments each of them vecame s he trust . et to proserre and execute n departnent for the people, and etther Wo interierewich the duties of pow- ig revolutionary, nd should be sterniy rossed. od thas ws jard with alarn the various echemes and enactments oF | aes majority in Congress relnt- tng to the extablishasento! civil governtents in the South. ert Fiater, thene sabe: pate auimeted by sectional. per. ‘sonal ard party pur, ~ i ee invo! mee! ‘if, a power the iusurpatton by Corte fue other depatimens BeEro tae, an of powers which plaiulg belon, of the govern ment. Resolvet, That the continuance of the militery dictator. ebip in he veo itt used from We Union ise don the right® of those rm ‘bolly at war Wrong on y firs. and ® menace to the remainder, and ie Wik the spirit of our republidas suatitutions. Vator pateotion = sppors brs te unity of aus fo them, as A best weifi the en + of tea etalon’ oy Singiente directly r indieate direo or indirectly the name of any ‘candidate for ‘that ofliece. | LETTER OF GERATOR DOOLITTLE. ‘The following letter from Hoa, J. R Doolittle was on read ;— fare everywhere who are organizing to res- titutional liberty from overthrow by that radi- so ta which controls the dominant majority in C dy passed the House), which, 4 to revolutionize the government, The im direct violation of the conetitution, takes away rom the President the command of the army and the execution of the laws in ten Eiains of the Union, It piaces the command of (be lawsin the bands tbe President, wh: chief. In ord, it creates an abso!ute dictatorship. the army or G other measure sims to subordinate the judiciary of roposes that no be pronounced against 4 t Congress except by ‘thirds of tb Ndity of @ As inion of a judge cannot be divided, and must be whoily for or who!ly against the validity of a law, the Practical effect of requiring two-thirds of eight judges to Concur ia the same as if three-fourths were required. Six ‘must concur !n opinion to weigh down the opin- tong of two, Thisis placing false weights in the balances, ‘This is placing in the balance, in favor of any usurpa- hon Congress may attempt agaiust the Executive or Judiciary department, the weight of three opinion: ct . fized—immovably fixed—by law. It leaves Point to be decided by a majority of five opinions all decide in favor of the , 01 — ne geood ont ee from [rats rampled upon by majorities. rities are erful and able to protect themselves, er ‘The Supreme Court was established as the tribunal of last resort; to uphold the constitution as the supreme law over Congress, as weil as over all else; to hold a Just and even balance in our system; and to determine the Doundary line between the powers delegated by the people to the federal government and those which wei reserved to the States, In the strong language of bim who has ever been revered as the father of the consti- tution: The plain fact of the onse is that the constitution of the Unit tes was created by the ple composing the re; spective Staten. who alone had the right; that they organized the government into legislative, executive and judicial de- Pe oens, delegating thereto certain portions ef power to e exercised over the whole, and reserving the other tions to thenselres respectively, hese distinct portlot of power were to be exerelsed by the general government and by the State governments, by each within certain spheres, and as, of course, controversies concernin, the boundaries ‘of their power would happen, {i wan provided ‘that they should be decided by the Supreme Court of the United States, xo constituted as to be as im- Partial as it could be made of appointment and Seaponaibility of the judjes—James Madieon's Writings, | But bow can the Supreme Court hold a just and even balance between the general government and the State governments, if three of its judges can weigh down five?—if, in case of encroachment by Congress upon the rights reserved to the States, or upon the liberties of the people, it shall require six judges to overcome two? Just Heaven! has it come to this? that, in the mad- ness end blind fanaticiem which rule the hour, 1t requires six judges in favor of that constitutional liberty for which our fatters and British ancestors have been struggling for five hundred years to weigh down the opinions of two judges in favor of absolute military despotigm, of abolishing all civil law and civil govern- ment even in ten States of the Union, and among eight millions of people. The case of McCardle is that of a civihan arraigned for trial by military commission, It is now before the Supreme Court on appeal from a decision by the United States Circuit Court for Missis- sippl, on habeas corpus, Congress proposes to enact that this man shall be deprived of his liberty and sen- tenced by military court to death, it may be, although five of the eight judges of the Supreme Court shall de- cide that such an outrage upon constitutional liberty, in time of peace, is forbidden by the express language of the constitution. He shall not be set at liberty if threo of the judges of that court shail be of ‘opinion that ‘tbe constitution of tho United States is suspended or overthrown in the State where ho resides, This MoCardie caso is notall. There are several now in prieon under sentence of death by theso radical courts martial awaiting a death warrant from the President. By the strongest appeals to the Senate, when the mili- tary despotism Dill passed in 1967, the minority pre- vailed upou some of the majority to vote with them, and @ provision was inserted that no sentence of death should be executed without the approval of the Prest- dent, But for that this terrible measure would have been already stained with blood. The President, though urged by the military commanders to issue the order for execution, has refrained from doing so. In the defence of the groat mass of my rights and Mberties ag a citizen of Wisconsin, 1 must rely upon the ent of that State, First of ail, the State di ; Congress bas nothing to do with th: muds my person from assault; Congress has nothing to do with that. The State defends my reputation; Congress has nothing to do with that. The State defends my wife and chil- a Congress has nothing to do with that. The ' State defends my home from — trespass, from arson, from burglary, and all my property from theft and from robbery; Congress has nothing todo with that. In all my dearest rights, relations, inter- ests, ioe character, rson, liberty and life, Iam defended by the laws of Wisconsin, not by the laws of Congress at all. Nothing is more clear, therefore, than the necessity of guarding with a jealous care against all encroach- ments by the federal government upon the just rights of the State governments; for it is only und their authority that my most precious interests are secured. The Sapreme Court is organized by the constitution for the purpose of holding, not a false datance, but a just and even balance between these Tights which the State government secures, and certain otber rights, just as sacred, if not so n d dear, se- cured to me by the federal government against encroach- ments by the State, against insurrection tn the against invasions from abroad, and in controversies which may arise between me and the citizens of another State, all of which it is the duty of Congress to defend or secure. Suppose Congress, under political excitement, pass a law encroaching upon my rights of life, or liberty, or person, or property, which belong to the State lo defond, and that the case arises in the Supreme Court to deter- mine whether the State government or the federal gov- ernment has usurped power over the question, shall the Supreme Court bold an even balance between the state, ‘op (he one hand, and Congress on the other? Or ehali that court bold its balance with one side already loaded down by a law of Congress in favor of its own usurpa- a8 Upon this very question of its usarpation gress prevent even-) upon one of her hands? Justice, hitherto represented as a majestic woman, with ‘s bandaged, holding a pair of even balances, must hereafter be represented with false balances in her hand, with one eye uncovered, no longer looking straightforward, in searct of truth, but askant and ob- sequious, seeking apologies for the usurpations of cen- tral power, In our system two forces are ever struggling with each other—one tending towards centralization, the other towards the States, Each operating without the other would destroy the system. As in the solar system, the centripetal force loft to Kselt alone would draw all the planets to the suo and thus destroy that system, The centrifugal force, left to itself alone, would drive Con- ed justice by placing a manacle yawn and bid me hold my peace.’ These are not the days to indulge w specious al bopes. It benooves patriotic men to glance with anxious eye upon the ttrange and portentous deeds thatare being enacted before us, and ask with solicitude, What ‘9 ther meaning? Whither do they tend’? r) perity, and Wilt they bring us peace a Insure the sauclity of the law, or will shey bring tho of poverty and civil war? Will they leave usa re- R lic or make us an empire? The acts of Congress for wo years past have tended to convert the government Into a despotism. What isa despotism? It isa govern- ment of unrestricted power—one im which tho legisia- tive, executive and judicial f trated into one branch. If a ower the © despot tiem as the Fi framers of the despotiem in the United Btate, They therefore divided she powers of the government into three departments, d set up barriers between them which can never with aafety be transcended, In its legislation bas Congress respected those barriers, or has {t sought to break them down? By the constitution the President is vested with the immense power of removing all subordinate officers, By the Tenure of Office bill Congres: Prerogative of bis office and appro) Ubus, at one blow, th D the Executive Depart ment of half jts power. By the constitution the President can be removed from office only on conviction of bias crimes al ied ie framing a Dill to suspel remove the Presi without being con- victed of high crimes and misdemeanors. Thoy #0 frame the law that the President will be a mer lance and wriggle at the wilhor caprice of a majority of the House of Representatives. The igorty of bis office will be gone. By the constitution the President is made commander-in-cbief of the army. The House of Xepresentatives have already 4 an act taking the control of the army away from him and conferring it upon a subordinate, and Seeing is a crime. for the President to interfere, Ifhe asserts his constitutional right can be impeached, removed from office and thrown into rison for years. Imagine the President of the United ites, the successor of Washington and Jackson and Lincoln, buried into a dungeon and deprived of hi Property because he dares to command an offi army. Congress thus encroaches upon the Executive Department until the office of President is but the skele- ton of what it was, But the usurpation does not stop here. Other barriers aro to bo broken down. (ur ai cestors established another branch of the gov- ernment—the Judiciary—whose province je to hold the other two departments in check and givo final judgments upon their acts, either for them or against them, Congress is unwilling to allow @ fair examination of its acts. And, therefore, when such an examination is about to ba had, it rushes in hot haste to prevent It, The object of the movement is to revent a decision against the Reconstruction laws, ither of the new judiciary bi complishes that ob- ject. If they did not, another bill would be framed whose provisions would be amplo and satisfactory. Here is despotiem in its essence and spirit, Congress enacts alaw, makes a creaturo of its own to execute the law, and forbids the courts to interfere, They leg- islate, they administer, they decide. What more is despotism than this? Could the Emperor of Russia do more? Could the despot of the Tuileries do as much ? Could the Cwsars have been more absolute when pe Puaxipe of the Roman State was, the will of th peror fg the law of the faud. Fellow citizens, we ai living under adespotic government whose chains are each day tightening upon us—a government which will brook no restraint from God or man; a government which will’rend in pieces anything that’ stands in the Way of its absolutism, be it the constitution, t the President or the Supreme Court, God may not be too late to remove this terrible calamity. The vast powers which have been thus con- centrated will inevitably, sooner or later, fall an easy proy to the ambition of some popular leader, “As the civil commotions of republican Rome brought Julius Cesar to the throne and established the Roman empire—as the turmoil of the French Revolu- tion led irresistibly to the despotism of Napoleon, so the disturbances in our own country and the furv{ of partisans are hurrying us forward to revolution and im- perialism, Ido not say that many of the radicals con- template such a result. isut it will come in spite of their good professions ag tho inevitable and logical consequence of thoir acts I care nothing for their good intentions, I heed only their action, The idiot means well onough when he pushes his brother over the precipice. The lunatic may have good inttextioi when he cuts his throat with a razor. What care Thow much thoy cry “liberty”? when they establish an absolute monarchy by the bayonet over eight millions of American citizens! “Whaticaro I how much they cry “loyalty,” when they violate ‘the coustitution and tear down the pillars of the goverment! What cgre [ how much they cry “justice,” when ‘they are hinting her with the scource throughout the land! They have driven her, bleeding, from the Southern States; they have barred the door of the White House against her; and now, with impions foot, they cross the threshold of her inviolable sanctuary, ‘the supreme tribunal of the land, rivet tne shackles on ber hinbs, stifle her voice, so that cannot speak. and make even jnstic What care I how much they cry “civilization” when they call idiotic negroes, the fetish worshippors of Africa, to rule in ten States of this Union and disfranchise our own race, “‘the hoirs,of all the ages, foremost in the files of time.”’ Do they point us to any facts in the history of these black mou from the beginning of the world which fit them to be lawgivers to the Caucasian race? The lofty and benevolent purposes of the radicals may avail them something when these mn nearly the planets into space, and thus destroy that system also. But the combined operation of both forces—thi one balancing the other—retains all in their Proper orbits, How om could that system jast if the centripetal force should be doubled. The other force remaining the same could no longer balance it, all woutd go to the centre, If ine centrifugal force wero doubied it could no longer be counterbalanced by the other, and the planets would leave their orbits and wander through space, So if the Supreme Cuurt, which holds the balance between these political forces in our be so chained and manacled that unless six- aighths of the jndges shall decide against it, the decision al! always favor centralization, how long will it re- q trate ail the powers of government at Washington and to practically destroy the States as patt of our ¢ystem ? And, on the other band, if it ro- quired six-eighths of the judges to declare the validity of any la Congress, would not this goverment be in danger of losing ite just authority ? re is another measure proposed in the House. It may pags that body. It Las been reported by a majority,of the Judiciary Com. mities. It is proposed by law to compel the Supreme Court to dismise the appeal of McCardie, and to make all similar appeals to the Suprome Court imposuble. T can bardly believe euch @ law ean pass the Senate. It in an open confession that radical reconstraction ts ua- constitutional, and that they dare not come to a decision in the Supreme Court, Pass that bill, im addition to the Test, and the last vestige of civil law or civil jurisdic. tion is swept away, from the Potomac to the Rio Grande, { From where 1 stood this morning, upon the steps of | the Capitol, with the flag of the Union over me, I can look across a river and look upon a land of unquelifed despotiem, ff I visit Mount Vernon, and Sit down by the tomb of Washington, 1 sit under the shadow of miiiury dictatoraiip, more unlimited than can can be found in eny ¢ivilized country upon the globe. Constitutional liberty ts already bound, scourged, - sromued With thorns here—bere, in hor own sacred mplo. Shall the Genoral of the Army, urged on by the radi eal ebief pri: fy her om this snored Capitol Hil? in her ow or own banuer? samid the scoffs and jeors of despots of the world’ the people answer, Respectfully, yours, f 4. Th DOOLITTLE, After the letter was read a voice in the body of the hall oalled out—1 propose three cheers for Andrew Jobnvon. (Enthusiastic cheers.) Axori#n Yoics—fhree more cheers, (Cheers, re. mowed.) Axoraer Vorr—I propose three sheers for the gen- tleman who named Andrew Jobneon, (Cheere,) An- drew Jolinson 'e the only statesman in \he country, The CHaimmax—1 wish, gentlemen, sou would con- form to the rules that govern public meetngs. ‘The person Who had interrupied th going O0 Lo say Somet)ing more, when he wae cries of ‘put bim out,” Mr. Doolittle Baving read the letter of his fat! ontieman on the platform, rore and gaid—Three chi for the Senator's letter. (Cheers.) A Youws-—-Three choers tor the reader of it. (Ohoers.) aPeecH OF MR, J, R POOLITTIN, Jn, y Mr. Coamwan axp Gayrinwas—In adMtion to the words of the lettor which | have read I bave little more rhest re Resrived, Tha President Jobuson ‘won our forget and regerd by the able, earoest - patriotic wed in defending what ie left to us of eovmNtu. tonal ol; and that sul! faithful wo bis oath 0 eBico ohd bis sirove oonriclions of right, the constitutional But the kindness of the committees in invitin T's saked 0 raise ny vee in oppentog We Sram am pad deerpation, | would enask ‘ihaneb jy 1) should XN im, acts of theirs are judgod and condemned before the high tribunal of Heaven, whose Judge cannot be shackled or stifled, and who will always hear an appeal. But in my mind their good purposes dwindle to insignifi- cance in the presence of the euormity of their offences, It ts impossible for them toturn back. Of them they must lead us to revolution, They cannot chi 5 Like the besotted drunkard, they will drink the cup whion their folly has prepared for them. No salvation can come tothe country—no peace, no prosperity, no respect for law--until they have been beaten in the élections ~=and = thrust. = from __ po’ Democrats of America, in ir hands 4 in th nds of the con: ‘ative republicans Test the tfate of this mation, Shall it be arepubtic ora despotiem? You alone can answer, In the presence of the powerful organization of the radicals you cannot afford to lose a single conservative supporter. You have Bo right to nomnate for the Presidency a man whose, bame will drive from your standard men who would giadiy be there. You have no right to nominate a man who cannot be elected. You have no right to nominate Valiandigbam or Pendioton and thereby loose twenty- five thousand voters in the State of New York. If the government be revolutionized by the defeat of conserv: tism it will be on account of the folly and selis! ness of the democratic party; and they will be as guilty of that crime as the radicals themselves, But nominate a man around whom all the conservative elemen tion will gladly centre; let it be or Hancock, or Andrew Johnson, and the her around his standard like the coming . Under such a leader they wil! battle with this giant, Radicalism, and bury the mouster in the frame grave with his twin brother, Secession. Do this, and a restored Union will Bless you. Do this, and the cry of the oppressed will cease forever on out shores. Do this, and pence, prosperity and stability will return nce more—never to be disturbed. America, freed from he exhausting turmoil ofgcivil strife, will enter again upon her carver of greatness, and become the pride and glory of the earth, The gentleman received tho hearty applause of the audience. On the conclusion of his remarks the band played the “Red, White and Blue.” SPRECH OF MR, DENNIS ae*MAMION, Mr. D. McManox was introduced and said:—Fellow citizens, we are all assembled this evening to protest against the infractions of the constitution committed by Congress; also to give uid aud sympathy to our Pre: dent, Johason, who {is manfully and rightfully stru gling to sustain or written law in all ite integrity. 1 Propose to make a few remarks on the legal aspect of the case, Our country's vitality depends om the preser- vation of the checks and balances of the constitution. These are like so many counter-irritants, and keep our body politic in a healthy and well —s safety state, It is im theory the beaut; of republic that it is neitl democracy, nor aristocracy, and wer it without the later corrupt and family succession. In Ns Senate it possesses theory all the benofits of an aristocracy without the irresponsibility of an oligarchy, By its written eo Stitntion and the judicial principle of @ Supreme Court of the United States to expound its laws it possesses all the elements of eternal justice, ‘The authors of that instrument left their work as per- fect as man’s work could at any time be done in thoory So that if all the checks and balances of the constitution are preserved, our country ie safe, The fact that the ro- public of ancient Rome had not another deliberative assembly besides their Senate—adother farther fact that at Senate from time to ti ve power to some vorke commander to rule over a large district of con. quered country, like the prosont radical Congress is do- ing with Genoral Grant—created a centralizing power in ancieat Rome, which destroyed its character Tepup- lic and made it an aristocratic form of ment ; which insensibly and by decrees fell into and became the most blind and degrading despotism the world ever saw—that of an empire ruled by a Caligula, a Nero, Domitian and an Hetiogavalus, more monsters of ,.uet, ernvity and vioieace, But when our fathers, presided over by thet man who was first in war, first in peace, and first in the hearw of hie countrymen, the imrmvrtal Washington, met in the Constitutional Convention of 1786-7 they deliberated long and discussed thoroughly the provisions of tho charter of our common country. They had before them the example of these governments of whicn I before sp: ; they saw and appre- jated the weak elements in thelr respective govern. ments, and they created an \navramont which mate th @ great and glorious country 2 result of eompromises Hamilton desired an Ex itary aristocracy. — Jeffor ment composed of a gle fegisiatare, whi! others desired mere confederacy. They fivally overnment composed of nt departmonte of owr legislative and the | compromised on a system of checks and balances, The di governmont—executive, judicial, treaty making power—are go nicely balanced that the slightest usurpation of power in the one ie immediately | detected and counterbalanced by the ot Thus or Executive, with (he consent of the Senate, may make ty with a foreign Power; but if an appropriation is y that treaty into effect, as in a of Alasks, it requires Cor vote on the appropriation Before it is accomplished. By the constitution the President is the Commander. Chief of the army and naval forces of the United Hates yet the present radical Congress insist upon declariag and enacting that General Grant, under the tecent re- construction measure, shall in effect be the sole Com- mander-in-Chief of tho ten States, which ig @ plain vio- | Jntion of the constitution, Congress has, in ibe provi (08 reecnstraction enacted suffrage lawa for ul constitution, nor prohibited by tt to the States, The served to the States respectively or to the 7 By looking at that instrament in the other ions thereof, no such power is to the Congress, so that ti question of euth reserved entirely to the to the people thereof It 1s claimed, » that by the rebellion the State organizations of the Southe: States have been destroved, and. therefore, that Cor gress Lave tno sole right, under section 4 of article 4, to guarantee to © State in this Union @ repubiican form of geveroment. But thie section does not authorize Congress to interfere im their local concerns Only go far as thissis concerned—namely, have tbe right to doclaro punishment of treason, one of the modes of doing so way be to deprive persons guilty of treason of the right to vote by condemning them to death. To that extent Congress may pass acts which may directly or indirectly affect those who vote or act a part in the State governments of the Southern States, That though legal mm ite 4 if exercised, one of na- tional polity when sought to be exercised, They can- bot declare who are traitors; for the constitution has settled that question, although they may fx the punish- Nor can they pardon, because by tl power to grant pi nt alone, These in diferent matters are so nicely distributed and Dalanced that in a moment the Jegal mind can adjudge any infraction of them, What, then, do we find? The Congress, well aware that by the con~ stitution the executive power is solely vessed in the President, and that the appointment of all officers of ‘he government is vested in him, now are proceeding a Paganencetes a law, which, in di violation of the consti- to pass ferent howed that the interfe points, tution, ‘The spe: gal positio: Knowing that they acted illegally, they sought to stifle the national constitution by enacting & law which m effect sought to deprive the Supreme Court of its judicial does not teuch the wer, The evil of this legislation forth at present; consequeatly wo observe a general orgy pervading all classes individuats, Immersed in making money or in financial difficulties, the Northern States are fully cocupied whilé a set of fanatics are engaged in over- turning the Union. But let this Congress have its swing—pursue their legislation to its ultimate, Let ‘us ponder over the result The Southern States aro Africanized and admitted into Congress, This gives the radical party fifty votes; add to that their pr. strength in the House of Reprosentatives 143 bers—total, 193. What is to prevent them from enac! ing a peveral Jaw creating social \d political equality for the Afri in the Northern States, One hundred and sixty-one mbers constitute two-thirds of the House--enough to ‘ride any veto of any hovest Ex- ecutive, What is there to peareas Such an irresponsibio majority from preventing the members of New York or any other State from taking their seats, In conclusion, he sald while he would give General Grant every meed of approbation for the qualities he manifested on the field of battle, until human nature was perfect 20 man should have unlimited power, such as the radicals de- to the Commeander-in-Chiei of the Army, REMARKS OF MR, KETCHUM. Tho Chairman introduced to the meeting as the next speaker Mr. Hiram Ketchum, who, he said, was the friend of Daniel Webster. (Cheer Mr. Ketcuvm said he was well pleased to seo that they had not come there to nominate any particular person for President, But let them spread: their principtes abroad and at the proper time a man would be nominated and would be President of America, whether he wore a sword or not. (Cheers.) They came there that night to support tbe constitution, which, was the bond of their Union. (Cheers.) The Chairman had been kind enough t6 introduce him as the friend of Daniel Wobster. (Cheers.) That was true. Daniol Wobater was called the defender of the Union. He was gone, but his memory still lived in the affections of the people. There was another defender of the Union; he ‘would not name bim. Several Vorces—Andrew Johnson. (Cheers. ) Mr, Kercuum—Y6u say Andrew Johnson, and T am too civil to contradict you. (Cheers.) Mr. Ketchum read an extract Irom aspecch delivered by Mr. Webster twenty years ago, in Philadelphia, in which the great orator spoke of certain attacks on the constitution, and of bis resolution not to abandon the constitution on that account, As soon, sald Mr, Webster, would he think of abandoning his tather. Eight States of the Union wore treated by the radicals in a harsh and cruel manner and deprived of the blessings of the constitution. The genuleman who presided bad, as District At- torney, tried hundreds of men for offences, but they were tried according to the law and tution, If men rebelled against the law of God they were tried according to the law of God, and not accord- ing to any other law. Eight millions of men in the South were subjected to military despotism, they we: pale of the law; but if they wer going to Europe they would bo entitled to a certificate that they were citizens of America; yet the Congress said these men sbould not be tried by the law or the ordinary legal tribunals of the country. Would they not, then, rum to the rescue of the glorious consti- tution founded by Washington? (Cheers,) Were a de- graded race, for years in siavery, ignorant and brutish, to be placed on an Inequality with bimseif? (‘No.”) An intelligent foreigner, flying here from Europe with his family from oppression, had to wait five years before be could become a citizen, ~ A geutieman who sat just bebind the reporter said— I bad to wait five years, Axotner GeytLEmay—Your misfortui were not a nigger. (Appiause.) Mr. Kercuum—The most cloquent man I ever heard at the bar, Thomas Addis Emmet—(lood cheers) —had to wait five years before be could be admitted as a citizen— (applause)—and yet the radicals want right away to make the Africans citizens. (Hisses.) He bad no un- kind feeling towards the black population, He had, probably, defended ag many ronaway slaves as any other lawyer. He wished the Africans to be protected and instructed as far as possible, Africa was one of the oldest countries im the world’ but it was a historical fact that the African race bad never shown any power to govern themselves, and he would, therefore, ask were the people of America going to permit themselves to be governed by those who could not govern themselves’? (Cheers.) They should recol- lect that this was a white man’s government —(cheers)— and that they could mot permit an ignorant and inferior race gto (Cheers.) Mr. Ketchum said, im conch: wished to assure them that he most sincerely desired the mai tenance and the glory of his country, the stability of the constitution and the integrity of the laws, He observed that it was ascertained that Ho- ratio Seymour had declined to be a candidate for the Presidency. But he (Mr. Ketchum) thought that any man the people chose to place in that office should not decline the great office, (Applause.) He did not come there to-night to advocate Governor Seymour or any one else, but be would take the liberty of observing that Governor Seymour was among the groatest and most patriotic men of the country. He concluded by cailing ‘on the people to act unanimously at the elections im fa- vor of the constitution, Mr, Reed, of Philadelphia, who was the next speaker, in the course of his remarks said that if Congress is nm checked at once—it they are permitted to make Grant their creature—he will not be the dictaior of only ten States of the Union, but will be the military dictator of the pation, (Cries and cries of “Never,” ‘Not if New York knows it,") It lies in your hands now to save the constitution and the Union, In the language of M Johnson, tt is for the people to determine whether the: things shall take place, And now if the poople of this country do not aid Mr Johnson m hie struggles for the constitution and against the despotic acts of Con- gress all will be lost, To-morrow night Philadeiphia will send a response such as never went before in pro- test against the unconstitutional acts of Congress, and which will gladden the beart of Mr. Jobnson.. (Cheers. And next fall we will have an election for Mayor, an wo will elect a Mayor who wi be absent from the ped Usting whenever Mr. Johnson visits our city. (A) janse. ) . Mr. Hanmer, of Rensselaer, was tho last speaker, He said that the freedom of the press and Of speech had a wed amid the waves of eivil wi ja this country, Pi party. (Cheers.) He was repuolican of the whe man’s party. (Cbeers.) ‘The speaker quoted the words of Abravam Lincoin which wore used by him while stumping the Stato of Iilinow with stephen A. Douglas tm 1858 On that occasion, said the speaker, Mr. Lincoln stated that he never would be a party to bringing about a social and political equality ot the black with the white race, The speaker im eloquent terms praised the conduct of Andrew Jobn- whom he described as one of the ablest, best and most fearless of mon that e filled the Presidential chair, (Cheers). At the close of Mr, Harmer's remarks the meoting closed and ihe large audhence separated 11 orde: manner, THE CAMPAIGN IN NEW HAMPSHIRE, was that you SPECIAL CORRESPONDENCE OF THE HERALD. The Progress of the Politic Granite State. Mavcnesten, Jam, 27, 1968. The owners and managers of public halls in New Hampshire, tho fortanate possessors of old tar and tar- pontine barrels, the leaders of musical bands, and, in fact, everything and everybody that can be made useful io a close and warmly contested political eampaign are now in lively demand by the several authorized repro- sentatives of republicanism and democracy. Oratory and eloquonce, 100, are desirable, bat the latter com- modities seem to sbound moro pientifully than the for- mer, and therefor the demand is not as active, Iam informed by leading politicians of both parties that there 16 scarcely » public hail in the State but that will pot resound with congorvatism and rradicaliam during the coming six weeks, and besides the efforta which wit! be mado in the way of talking to secure voters, there will also be @ liberal burning of powder, pitch and other combustibles to adda force and brilliancy to whatever ideas and arguments the several champions of tho different parties may express, Tho prelininary aymptome now will warrant the repotition ofthe statement that the canvaes i# te be the most spirited ever in the State, and scarcely a week jnter- venes before it will have fairly commenced. ‘There is considerable uneasiness, not to say fear, mani tested by the republicans since the return of Si lair, the democratic can for Gi jor, trom We . It ie not denied that his visit there was for purpose of influencing the President t Office in the State where it waa.thought changes would likely to increase the democratic vote, and tranepir! events since Sinclair's return have sion was not altogether in vain, althou, na allege that he was not 90 attcoess! on to be, The radicals also nciair amount of money in ‘ork as weil), which face of the tonth which en that dplesaied to the United Seater by the personding wavering republicans to NEW YORK:; HERALD, FRIDAY,: JANUARY, 31,, 1868. democrats, There is nothing, probably, more conclu- aive of the trouble Sinclair's Wasbington visit has giv ‘the radicais than ap edito. hich appeared & daj two since im the Union and American in thi assumes to believe that ail will in time be right w! says:— ery man beheaded now by A. J. at the request of Sinclair and his copperhead cliqve, from Coione! Clough so the smallest postmaster, i Place or promoted if he stand true to his former faith. Those wiro tremble through fear are short lived, but those that endure to the end shall be saved. Political cowards find an early grave; but the Grants, the Sber inaos, the Sheridans, the Mcades, the Buti tne Lo- gans the country remembers,” _ men Concluding paragraph of a long edi- | enumerated such men as Congressman ‘The above is the torial in which aro. Spoils of offi faithful, J only quote the above to make assertion thatthe republicans are not altogether indif. ferent as to Sinclair's Wash There is an erroneous id itution here, aud that there is What is known as the Mozart wing of the democraoy, Whatever may have been the original views of the can- coivers of these two outside cliques, it is mow pretty definitely settled thay they will make no stir, and that the contest will be a purely partisan one, The Itquor poser if thought of, about. The sa: ia, of course, free rum, and therefore the question ne of minor consequence in the election, The're- didate forthe State Senate from this dis- quor dealer, and while he would be regarded asloathesome in Massachusetts on that account, the New Hampsbire radieals entertain for him that respect which an honest and upright character merits in every community, The republicans are enthustastic for Grant for tho Presidency. At their Convention they formally noml- nated him, and since then Grant clubs have been springing up all over the State. The democrats are not very outspoken in their Presidential opinions, but they few opportunities to denounce Congress. ‘The hostile feeling of many of thi however, towards that ody would be greatly softened if the taxes upon certain New England manufactures were removed. Is may be well to state, perhaps, that there is no ele tion ip the State year. The only regular State ticket—Governor, Railroad C-mmissiouer, &c, Tho aggregate vote for Governor last year was 68,608. Of these,Harriman, republican, had 35,809, and Sinclair, domocrat, had 82,663, and there were 136 scat tering. The republican vote the year before was 35,. and democratic vote was 30,484. At the Preside: election Lincoln received 86,593, and McClellan 32,033. . NEW YORK CITY. THE COURTS. BAITEO STATES DISTRICT COURT—IN ADMIRALTY. Before Judge Biatehford, Judge Blatchford on apening the court yesterday morning announced to the bar that he would not sit to- day.. He had been called upon to act as pall bearer at the funeral of an old friend which would take place ‘at one o'clock and would prevent his sitting in court, The Judge thon called over the cases on the c1 down for beariag, and many of them not bei dition for trial they were passed over. In the case of John Low, Jr., vs. tho steamship tern Metropolis, Mr, Benedict, for the ndents, was ready, but, in con- quence of ihe absence at sea of material witnesses, Mr. Beebe moved for an adjournment, which bis Honor deomed satisfactory and the case was adjourned, UNITED STATES DISTRICT COURT—IN BANKRUPTCY. The following discharges in bankruptcy for the Southern district of New York have been granted from the 18th to the 24th of January inst. :—John Dempsey, William R. Sheldon, Andrew Wilson, George D. Waring, Nathaniel W. Burtis, Robert H. Coburn, Benjamin S. Proctor, Charles C, Tyler, Wilham W. Hawkins, Joseph H. Rorsfall, oe B. tes, Owen B. Cases, Horatio Eagle, Azariah P, H, Stewart, George J. House aud Samuel Bronner, A Petition in Bankruptey Fil Insurance Company. On the 25th inst. a petition for adjudication of bank- Tuptcy was filed against the Washington Marine Insur- ance Company, An order hag been granted by Ju: wchford that the company, through its presidqnt, shall, on the first day of February, appear in the United States District Court, in Bankruptoy, and show cause why the petition should pot be granted. The Court will ‘then decide whet! the allegations contained in the Petition are well {ounded or otherwise. SUPREME COURT—CHAMBERS, Divorce Cane. Before Judge Cardozo, Samuel F. Appleton vs, Amelia Avpleton.—This motion was heard some days since before Judge Cardozo, and awaited decision, which was given yesterday morning. It appears that in 1840 the defendant in theypresent suit married a man named Warner, In 1847 ho left ber and went to California. In 1864 Mra. Warner married Mr. Appleton, The marriage was porformed on the 19th of March in that year, in St, Stephen’s Roman Catholic church. The entry of that marriage appears among the entries of June, and then appears as of the date of 27th April, 1864. In February, 1864, Mra, Warner com- menced an action in lilinois for diverce, which was given April 26, 1864. Some time after the marriage pro- ceedings were commenced against Mr. Appleton to declare him a lunatic. No decree bas yet been made in ‘that proceeding, but the brothers of Mr. Appleton have taken eharge of him and his estate. The preseut suit is brought under his own name to annul tue marriage, on the ground that defendant was then the wife of Mr. Warner, now actually living. Mr. Warner now ap- peared on the scene, and is acting with the brothers of the nominal plaintiff. Mrs. Appleton, the defendant, in the amended answer which she now seeks to sot up says that she communicated to Mr. Appleton every fact at that time Within her knowledge relative to hor previ- ous marriage avd her condition; that she did not kaow ‘hat Mr. Warner was alive, not having heard of him for over five years, and she supposed him tobe dead, On the arguments it seemed to be conceded that ‘was not deserving of much com: dation for his re in the matter, and that Mrs, Warner had supported her- self since 1847 entirely independent of him. The defendant claimed that the marriage was simpiy vordable, and that until a coutt of competent jurisdic. tion declare the marriage void the plaintil was the wife of Mr. Appleton; that it was necessary forthe main- tenance of such a suit by the plaintiff’ that he should ive an intelligent direction for rts prosecution; that if © were a lungBc, as claimed by bis brothers, no auch direction could be given; therefore, this suit must altogethersfail; but if ihe suit was maintainable the & proper support and allowance for t witof Mr. Appleton until it should be decided that the marriage was null. inti argued on an affidavit made by Mr. sister, which alleged that Mre, Appleton was on; that she knew of Mr, Warner's nd therefore acted fraudulently im marrying Mr. Appleton, and that, consequently, the marriage was wot only voidable, but void. The Court sustained the views of the defen ) counsel, and adjudged Mrs. Appleton support and‘ali- mony until the decision of the case, . COURT OF COMMON PLEAS—SPECIAL TERM. The Royal Insurance y Rob! Before Judgo Barrots, The Royal Insurance Company va. Daniel Nobdle.—This was a motion to vacate an order of arrest. The par. ticu‘ars of the robbery are well Enown. On the 10th of December, 1866, a tin box containing United States Donds and securities valued at $200,000 was feloniously abstracted from the company’s office in this city, From facts and circumstances which immediately afterwards transpired, the defendant was charged with tried for thi juently Prosecution was abandoned and a civil action instituted, of arrest was obtamed and Nobie A motion was now made to vacate Me were read declaring the de- Against nee, Counsel for plaintiff also read a number of alleging that the defendant was well Known aa rious thief. ‘The court reserved decision. Order of Fraud. E, Merrill vt, W. Carrere.—Tois was a motion before Judge Barrett to vacate an order of arrest obtained agains the defendant, It Sepeered that the defendant and wife obtained board and lodging at the Wasbington Hotel, on the representation that he had a contract #ith the Conta Rican government to ‘construct a ceriain ra ay, by which he would realize a large sum of mor f obtained an rdor of arrost against the the ground of fraud, It was now it to wet aside that ord ry allegation contained {n the complaint wi that there was no fraud yepresentation fondant bad the contract mentioned and was now in pectation of money ; that he loft the hotel at the requost of the piaimtiff, but shat his baggage to the amount of $1,000, remained bebind, pote? Pisintif, C, Cauldwell; for defendant, M. Bar. ison, The court reserved decision. COURT CALENDAR—THIS DAY. Covnt=Ciacerr—Part 2—Nos 3656, 2222, 28, 2782, 2064, 2074, 3024, 3092, 3112, 3175, 3206, 8220, 3222, 3230, ¢ , 3808, 3842, 3568, 3880, Sorrewe Court—CaaM@ens.—Nos, 162, 264, 918, 319, Marine Covnt—Gawena Tarm,—Nos, 1, 2, 8, 4 6, 6, 4, @ 9, 10, 11, 12, 18, 14, 16, 16. SEIZURE OF THE STEAMSHIP COLUMBIA, Yesterday morning the steamehip Columbia, plying betweon Now York and Havana and Nassau, belong): tothe New York Steamship Company, was seized by jeCoy and Du: on affidavite eharg- fag, te ompuny wit HHoiaion of th eer act iv Arrest=Ch act, to be | Th of ioe In 0 for whieh Become’ | the vouse! mast be bondes betare A aa ball be returned to his | = —————— eo CITY INTELLIGENCE, = * | Tee Eee Caxst—Mestino at tee Prepves Ex OB4NGE.—The members of the Produce Exchange, pt auant to et im considerable force at haif-past ene | o'clock Yesterday afternoon, to take some action looking to @ revision by the State Legisiature of exisung laws in relation to our-State canals, and’ more partiewlarly | the Erie canal, the great avenue through whieh the bulk of Western produce reaches this city. General Hiram Wy iy aaa es who was called to the cbair, mary speech explanatory of Spa fone © Of His remarks of locked up in the Erie canal, aod mat all be 600 If per ishable, and all owing to Present contract system by which the canal i@ managed. This coutract aystem he furtber alleged to be prejudicial to the interests of” the State, the interests of shippers and the commercial community generally, The citizens ali aiong the line of the canal from Buffalo to Albany were ripe to take action in this matter and would be guided by the line of policy about to be pursued, ag ip the action the Produce Exchange would take, A committee of five was on motion appointed to draft reso lutions expressive of the sentiments of the meeting. ing. that $10,000,000 Four resolutions, preceded bya very long preamble, were speedily submitted and read. Tossa forth the results the present contract tom, the resolutions it” was resolved that the ns contract system should be od to ti old system, and the course wherein to accomplish this result, Mr, Tho: mad ‘a lengthy and forcible support of the resolu. Mons, after which they were unanimously adopted, Tw committees, one of fifty, to proceed to Albany to act im concert with the Legislature on the subject, and another five, on printing and finance, were appointed, and the, meoting adjourned. The committee to go to Albany are to convene at call of their chairman, and it is proba- ble they will proceed early next week to the State capital, Asouirion oF THB ARMY CLoTHxG axp Equirace De- PaRTMERT IN New York.—Yesterday, consequemt on @ General order issued by General Grant and the War De- partment at Washington fer the abolition of this depart- ment, a final sale of extensive and miscellaneous collection of military stores, clothing aud equipage took Place at the depot, corner of Laight and Washington Streets, by order of Brevet Brigadier General and rmaster C, G. Sawtelle, total amount ized was $2,000, and among the articies surviving the late war were one hundred shelter tents, eighty-two hespital tents and seventy-five common tents, besides ki “blankets, stoves and general accoutrements, The olf eps will now be closed from this date and the staf will be disbanded. Captain Gill, who has superintende@ the department, goes to Schuylkill Arsenal, Philadel- phia, where he will report on Saturday next, The de] an immense structure of nine stories, Ore pi an covert entire square, was originally erected, four- teen years ago, asa sugar refinery; but during it waa appropriated by tha government, whose lease doea not terminat May, for the purpose of a military depot. Dsranronr o7 Steamsmira. Yxsrervsy.—Yesterday the steamship Wesor, Commander Wenke, carrying the United States mails, eailed {rom her pier at Hoboken for Europe, with twenty cabin and thirty-five steerage pas’ sengers, and a cargo of cotton, tobacco and lard. and $130,000 in specie, The Morro Castle, Captain Ad of the Atlantic Steamship Company, carrying the Unite States mail for Havana, gailed from pier No. 4 North river, with forty cabin passensers for Nassau an@ Havana, and a large general cargo. The Herman Living stone, of the Atlantic Mail Company, for Savannah an@ Florida, left pier 36 North river, with thirty cabin and twenty steerage passengers and an asso cargo. The sailing of the Ariadne for Galveston is post poned until Saturday, Satz oy Tuy Stwamer Jonw Romer.—Yesterday the John Romer, Jately belonging to the Ryo and Green. wich Steamboat Company, was disposed of at auction for $35,000 to Messrs. C. & R, Pollion, of South stteet, #ERRYBOAT CoLLision oN TAR East Rivsr,—While the Atlantic street ferryboat Pacific was crossing to New York yesterday she came in collision with the steamtug James A, Wright, cutting her down on the starboard side to the water's edge, which caused her to leak very much, and sie immediately started for Jersoy-City; she also had her house stoved, The Pacific had her rudder carried away. There was @ man standing on the bow of the ferryboat at the: time, and was thrown overboard from the force of the coll , but was afterward picked up after having a very cold bath. ‘Seizure or Steamsuirs,—Colonel Porter, of the Fourth revenue district, yosterday morning seized the steam- ship Niagara, of the Old Dominion Steamship Company, plying between New York and Richmond, for the non- payment of government tax, Itis said that the Com- pany has never paid any tax, and the amount due the government is estimat placed on board and informed the mate in charge that the steamer must mot leave the port until the matter was settled. About the same time the steamship Columbia, plying between New York and Havama and Nassau, belonging to the New York Steamship Company, was seized by Deputy Marshals McUoy Duryee, on afiidavite charging the company with violation of the Passeoger act. The amount of penalties involved is $68,000, lor which the vessel must be bonded before reloased. 3 POLICE INTELLIGENCE, Burctary i Catuaring Staxet,—Some time during Wednesday night the grocery store at No, 81 Catharine street was burglariously entered by forcing off the shutters of the side door leading from and opening into the alley adjoining, and property, including money, to the value of $120 taken therefrom by, as is alleged, three boys, mamed John Hogan, David Sullivan an@ James McGrath, who wore arrested by officer Sholvey, he Seventh precinct, and taken yesterday mornin, before Alderman Muller, acting magistrate at the Thiri District Police Court [he property thus feloniousiy taken was found in possession of the boy Hogan by Mr. Joyce, the complainant, who identified it, On their examination this forenoon the burglars—the oldest of yet fourteen years-—protested their stated that the burglary >was pere petrated by two men, and that they were merely the “scapegoats.” The accused, in defauit of ball, were committed to await the action of the Grand Jury. Hicuway Roseery.—On the 18th inst, while Mr, James Conroy, resiting at No. 622 East Twelfth street, +was walking, about nine o'clock in the evening, through East Twelfth street, he was accosted by Michael Kagan and’ three young men unknows to him, out of the Hquor saloon of W, Wilson, who, suddenly ronning up to and surrounding and seizing his person, attempted to twist, by seizing th his watch out of his vest pocket. Failing im this, £a, assisted by his confederates, thrust nia bands into his pockets and took therefrom, among otver things, his wallet, containing in legal tender and other bills $11, Eagan ‘was arrested yosterday morning and taken before Alder- man Miller, acting magistrat the Third Pistrict Police Court, when he waa at once identified by the complaine ant a3 the person who actually robbed bim in the publio = Phe accused was hold, in default of ball, for jal Ontavana Goons on Fates Prerexces. —On the 8d of last June, and while the Homopathists were in session, ‘® man named E, V, Clark calied on Ellen Kimball, who conducts a confectionery at 416 Fourth avenue, and re- presented to her that he bad been wathorized by De, Henry Smith, whom she knew to be entirely responsible, to purchase from her a quantity of confectionery for he use of the medical jomen at the banquet they were to about hold, and rhe gol Mrs, Kimball, not knowing E. V. Clark, ‘but satisfied that bis representations were correct, sent to the corner of Fifth avenue and Fourteenth street goods to the value of $161, Subsequontly she, sent abdill to Dr. Smith, requesting paymont, when she was informed that be never thought of or authorized the urchase of confectionery, is mot awaiting hie @xammation. Discuanoxn row Custovy.—John Riley, alise Joba Thompson, the man drought from Chicago some tem, days ago by Detective Irving, of the Central Offee, on suspicion Of being the man who murdered officer O'Brien, of the Nineteenth precinct, in 1864, was yes- verday brought before Alder: Moore, when Mr. who appeared a¢ counsol for disc! . Mr, Howe stated clearly proved not to be gu ebargod, veither wa who had escaped from prison in Venango county, Pennsyivania, where he had been sentenced for ‘The prisoner, he was liberated, Thompson took Ing train for Chicago, that being lis place of WESTCHESTER. A AD AAR RAR Avorma Vicor to Spimroaustio Inrnvrscrn —Yoaters day forenoon James MoGuire, ® short, sicnder, sallow complexioned, taboring man, who bad until recentiy been employeg@en Consral a 1, point near Ford. bam, was brow before Justice Lent at the police court, Tremont, im consequonce of a complaint by some citizens to the effect that he had been conducting himself after the manner of ® magman, Whee questioned by the mogistrate as to what bad to may in @xplanation of hie ati conduct ‘“orasy man,’ ashe waa styled by ore, rather stariiod the court dy exciaimi be 4 “TE geq't, 1 aee't! Lood, Loot ft countenance at the same ti expression, After the bad paswed awn: fearlessness, 1t singular proveeding rosumed its wonte t “pnd hy being conveyed ta ping later inthe day eroort of Sergeant steers, the poor fellow wae row a Into a terrible state of excitement at the barking of @ dog. He said the animal wae the spirit of his uncle, On arrivin he was ip like manner moved at th tof some pie When asked the jailor, what he was he soma oMecial by yelling ried, iH rane days,