The New York Herald Newspaper, February 13, 1869, Page 5

EUROPE. Details of the Assassination of the Gov- ernor of Burgos. Proceedings in the Austrian Legislature. Wariike Preparations in Ger- many. From the Hexa.p’s corfespondents abroad we are enabled to present to our readers this morning de- talls of interesting events which have occurred or are now oecurring in some of the European coun- tries. SPAIN. ‘The Assussination of the Governor of Burgoe— A Premeditated Murder—How It way Com- mitted—Bratal Mutilation of the Murdered Governor—Indignation of the People—Keli- gious Equality Demanded. MADRID, Jan, 27, 1869. The crue) and cowardly assassination of Sefior Don Guiterrez ae Castro, Civil Governor at Burgos, day before yesterday, continues to be the sole event discussed allover Spain. It is safe to say that the nation has never been more thoroughly shocked than at this intelligence, and a feeling of the deep- est indignation has arisen everywheré that cannot be easily appeased. ‘he horrible crime was marked by so many features of cowardly bratality and a savage barbarity that one might well think that the American Indians had pled their favorite weapons in the cloisters of the grand old eathedral of Burgos, instead of a band of’priests and countrymen, who did their work with the cross in hand and to the cries of “Viva la religion!’ The atrocities committed on the remains after death again recall the treatment of their dead enemies by the Sioux or the Pawnees. The inanimate boay must afford a revenge that life itself was not deemed suf- ficient to satisfy. So with the savages of Burgos. ~ The foul deed was not unpremeditaved and not the -tion was so alarmipy work of a moment’s passion. It had been arranged beforehand, and it was carried out with a coolness and completeness that proves the thorough under- Standing of the instruments. Seior ae Castro had been informed weeks before that the neo-Catholic party had sworn to put him out of the way, and he had taken extraordinary pre- cautions to guard against any attempt. He slept in different places and never remained tH the same house two nights in succession. During the day he always had suficient force ebocut him to protect himself against a sudden at- tack. Thus he had escaped the machinations of his enemies and the enemies of the government until he undertook to obey the orders of superior authorities to make an inventory of the artistic, literary and scientific riches of the cathedral, which are to be jaced in the government museums. From Sunday e priests had been exceedingly busy in circulating the faise reports that the government intended to setze and sequestrate the holy jewels and ornaments of the cathedral, and on Monday, early in the morn- ing, groups of men assembled in the Plaza ae! Arzo- bispo, displaying great excitement. At noon the Governor, accompanied by the Secretary of the gov- ernment and the Chief of Public Order, proceeded to the cathedral, when he met the dean and three other officers of the church, who accompa- pied him for the purpose of aiding in the preparation of the inventory. When once in the cathedral the doors were closed anda few Guardia Civile were placed before them. The authorities then began their task; but meanwhile the crowd had increased in numbers in the plaza of the Archbishop, and the excitement grew more in- The Ayuntamiento immediately assembled, and the Volunteers of liberty raliied at headquarters, and Doth pushed through the crowd to the middle of the cathedral, but nothing could be seen of the Gov- -ernor, Who was in the clojsters, wholly unconscious of what was going on outside and even inside the cathedral, for the mob had followed the deputation in and a portion of it rushed at onge to the cioisters, where the Governor was found. ey fumeoay set up shouts of “Viva Carlos VII., Viva la religiff,)’ and any hanes themseives on the Governor, stat bing fim in many piaces and killing him on the spot. The ene escaped, but the Onief of Public Order ‘was wounded. One of the party carried a cross and w the murderers on. Not satisfied with this, they dragged the ~~ out into the Archbishop’s square and wreaked their vengeance upon it. The head was cut open with a hatchet, the eyes were torn out, the ears cut off, the heart torn out and the body covered ‘With cuts and biows. It was mangled beyond all ion by these fanatic fiends, and when the soldiers had cleared the square and found the corpse ft could not be recognized except from the clothing, or that small ion it badon. The Church digni- tarics e: harm, of course, and it does not aj [oe that made the slightest effort to save the vernor or to protect him in way. Possibly it was not in their power to do anything. The situa- that the city was placed under martial law, all the volunteers placing them- selves under the command of the military governor. An investigation was at once instituted and a large Bumber of arrests have Lape More i seventy persons were taken custody up to last night, among them several priests and other ecclesi- astics, The Archbishop himself was brought up and made a ~~ the contents of which are not known. e examination of witnesses will be promptly carried on, and the trial of the guilt tles, whom they are satisiled they have found, will be ae through and a punishment inflicted that will in its celerity and completeness prove that the taking of life is not to be tolerated even in Spatn. ‘The effect of this murder has been tremendous. I do not know that I have seen the people mote ex- cited and indignant in Madrid than stuce the intelli- of the death of Sefior de Castro became nown. The journals have devoted to the subject leading icles = breathing indignation and a3 © 6savage wern- ment for its weakness and want of vigor in neglecting to carry out the will of the people in declaring liberty of worship. The blood of the Gov- ernor was iaid at the door of the neo-Catholic party, ‘which ts plotting for the restoration of the ex-Queen and scheming to delcat every measure looking to religious toleration or freedom. ‘They are declared ‘to be enemies of liberty and progress, lraplacable op- nts of the government and traitors to the coun- And a general cry goes 4 to the government to at once crush out these scheming traitors, and forever end their treasonable and dangerous career. ‘The government must act promptly and witn a r lentiess mgor and decision against these reactionists, or the people will sce to it that the fruits of the revolution are not iost. The Papal Nuncio must be sent away, his salary of $15,000 stopped, and religions freedom proclaime. If all this ts not done the people will carry on the work begun last September, and which been checked by the timidity and mdecision of the provisional government. This and much more to the same effect is said by the journals of Madrid, and it iclear Ghat the people are read: to back up their demands. The government ma fee! itself strong enough to pursue ita old course, but ithink it endangers its position, Certainly it weakens its ag ore by holding out against the Ro aiace, and, it must be confessed, viewed in the ight of the revolution, decidedly reasonable de- meuds, ‘ihe government has lost time in carrying out the demands @& the times, and now ehcounters the neo-Catholic power in fuilforce. It might have decreed liberty of worship and conscience three mouths ago without the slightest trouble. It was then master of the situation. Now the small, feevie men of the government are on the defensive, and are crying out to the priestiy party, that Would hang the whole worthless lot if it could, that it does not mean to atiack the Cliureh; that th Cortes must decide the question of eg libert, and ail that, anc that th doult the nting an extension of the rights enjoyed by estants in Spain, which are exactly nothing at ali. There can be no true liberty 1m & State where rell- gious freedom does not exist. That is the corner stone of the edifice, and anything constructed on othor foundations will be acheat anda fraud, The apprentice statesmen in power in Spain etther have not the capacity to comprehend this troth or they ‘want the courage to appiy it. Perhaps we may rind the Cortes men enough to put thts problem in « ‘Way of solution aud forever separate Charch from Stare. tn this unton there t8 Weakness, and division only strength. Petition of Spanish Ladics to (eneral Ser= rana, Praying for Protection tor Religion and Its Institations. ‘The following is the uli text of thie petition signed by 15,009 ladies and recently to General Serrano by the Marquesas of Santiago, Zugastt Porthugalete, tree Spanish tadies of title:— To Tur Parswrer OF THR PRovistowAL GovnAN- MENT Your Bxrer..r We (0 not ask grace or implore elomency; we domai . We elnia respect and pro Weetiny to our righte a8 Spaniards and as women. If we had a yore tn Hie Aagemblien oF m weal ta the Cortes there we would to defend, oven at the risk of 6 perkecutel religion, (it menaced peace of out nt ¢ derided faith etd honor of Spain. But we bave only it witieh to weep aud voices with which fo mourn. |For this renses, we to kr our earn and Aigh® suking whet we have the riche an whe Frvellonag laa theabliqation to respect &nd protect. Whe 1 {he Hy of our mothers we loarne.t the holy srathe Ad y to heaven the only jvrality which benches Od Mothers, good dani 4) good therefore, ines, all false Exeelieacy and the provisional government break Catholic unity and give iberty to false wee eT: twist and violate fhe national will, wrftten as motto on the Gag raised by your ey. ‘And, in the last place, who has given to the eramnes the faculy to’ logisiate on this, wantiors %0 remove and destroy the fundamentals of Spanish society 7 Does your KE: not believe that only the Cortes Con. Mituyentes have power to. give us forms of government, And do you belleve you have any right to break Uatholle unity Leave this, your Excellency, to the Cortes; to the Cortes ouly belongs, in the system which rules to-day, the fs of legin- lating. "We and all Spaniards will await ite sentence tranquilly and confidently, for it is not possible that there are in Spain #o many men without faith as will be break Catholic faith, And ff in reality the Cortes should be of the Cortes, and with tearful eyes and atti) “Have pity on us and on our ehildren; Usten to your mothers and your wives; do not destroy the exclusive empire of the truth ; do not throw down the firm base and secure tee = E Of the peace and honor of your families; do not bring to us the advocates of error and of falsehood.” ‘They will to our jaments and attend to our ition: rm ‘Your Excellency haa children, and they are Catholics. Do not permit impiety to enter into Spain, and, coming near to them, soi} their innocence, Recollect even the) mighty die! Those who rule and gov. ern the people have to give a atrict account to God, Oh, that when your ch! sted wee y at the tomb of their father they tay not recollect with horror that ‘bis hands of his country to impiety! Oh, that all 8; cs OU bits, for'that he, in days of trial, ‘We have now complied with our duty, defending our rights, which are the rights of God, of our country and of our families, It now belongs to your Excellency to comply with your duties ae Christian, aba Spaniard and ase gen Manan (cahallero.) e uard you maby years. Miva, Bec We ned the we to ask bl AUSTRIA. The Reiehsrath and Its Uabore—Importunt itions im Reference to Dalmutia= Election of New Life Members to the Upper House=Trials by Jury of Press Delinquen- cies—Protocol in Favor of Aliens Holding Real Estate in Turkey. ViENNA, Jan, 2, 1869. The Reichsrath reassembled on the 16th, and the West Austrian government has already cut out for the members a quantity of work. Among the va- rious bills which the Ministry have brought before the House are two which I single out for mention. The Finance Minister, in pursuance of his laudable purpose of covering the deficit, has elaborated a plan for progressive imcome tax. Freed from the income tax are ali persons living in towns whose incomes do, not exceed 700 florins and ail those living in the counury whose incomes do not exceed 600 florins. The liables are divided into twenty classes,.the lowest of which— viz., those whose incomes do not exceed 1,000 florins—wiil pay eight florins per annum, averaging, therefore, as a class, about one per cent. Thesecond class, which includes incomes between 1,000 and 1,500 florins, are to pay fifteen florins; the third, between 1,500 and 2,000 florins, are to pay twenty- seven florins; the fourth, between 2,000 and 2,500, are topay forty florins, and so on, each successive class on the ascending scale paying a slightly higher rate of tax. With the twelfth class, including in- comes between 6,000 and 10,000 florins, the rate is three per cent; and with the twentieth or highest class (persons whose incomes exceed $80,000) the Tate rises to Ita maximum of five per cent. That this measure has @ democratic cast cannot be denied. Precisely on that account is it likely to be an unac- ceptable pill to a House of Deputies in which the rich men are specially represented in two catego- ries—namely, a8 large landed proprietors and as members of a chamber of commerce. This was the rock against which Dr. Brestel’s 1868 schenie for doing away witn the deficit split. The proposed income tax, be it said, is in addition to the land tax and the tax on trade profits. The second bill I pro- pose to mention is that for taking the next and sub- sequent censuses, The next census day is the sist of December, 1869, and the one after that on the 31st of December, 1880, and from that date forth on the last day of each successive decade. The last Austrian census wds taken in the middle of 1857, two years before the loss of Lombardy. At the same time ag the census of population @ census of the domesuc animals will be taken, A private member belonging to the minmisteriat party has brought in a bili for the legalization of civil marriages in all cases, and not merely in cases where the clergy refuse to perform the ceremony, a8 was provided for in the act of 1863. The Ministry have likewise answered two tm- porcene questions, both reloting to the Union ques- Hon of Cisleithania. The first of these two ques- taons related to the future of Dalmatia. On the ground that at some period in the middie ages Dal- matia was united in one kingdom with Croatia and Slavonia, and on the further ground that there is a f race between the Slavic ulation of Dalmatia and the Croats, Jroatia has always maintained that Dalmatia nt to be rein with herself, and in the recent settlement with Hungary the Hungarian nation has undertaken to support the claim of Croatia to Dalmatia. On the other hand, Dalmatia is part of Cislettnania and is represented in the Reichérath. Dalmatia came to Austria in 1797 along with Venice, under the ay of Campo Formio, and as compensation for the loss of Lom- bardy and the At Netherlands. Moreover, the commercial and Itallanized portion of the popula- tion regard the idea of incorporation with Croatia as @ retrograde step toward barbarism, and greatly | ry their present political relations. This iv a8 & NAjO) im the Dalmat Diet and has carried resolutios rough the Diet their wish to remain in legisiative union with West Austria. Under these circumstances Count Taafe, as provi. sional head of the Cabinet, found no diffi- culty in answering the question that had been put by ® member—the question namely—What attitude the West Austrian government intended to take In reference to the aforesaid demand of Croatia, backed up as it was by the moral influence of H ? Count Taafe repited that the passages relating to Daimatia, to be met with in the Hun- & roatian settlement of 1868, were merely the formal reiteration of a long standing demand on the part of Croatia, and, in fact, meant nothing. “In case, however,” he went on to say, “any steps should be taken by Hut to give effect to this demand, the West Austrian Ministry would not con- sider the wishes of the Dalmatians alone as decisive of this question, but would stand upon the ground of the existing constitution and take no steps without having previously obtained the sanction of the Reichsrath to the same.” This answer puts the Dalmatian question to sleep for the present, and it will only reappear in the public arena when the Slavic or Philo-Croatian party shail have obtatped a Ce in the Dalinatian Diet—a coi tingency which will not occur in the next quarter of acentury. The secon foterpolation was made by the Galician Deputies, who ea the Minister of the Intertor whether he intended laying before the Reichsrath the resolutions of the Galician Diet of the 24th of September of last year, the resolution, it will be re- membered, which, coupled with an address to the sovereign, caused the Kaiser to abandon his intend- ed Galician tour. The Minister of the Interior an- swered curtly that it wus no part of his constitutional duty to bring the resoluuons of the Galician Diet be- fore the Reichsrath. The Polisn Deputies will, there- fore, have to hit upon another method of bi the relations between Galicia and the rest of Wea Austria before the Reichsrath, This will be not dim- cult to do, Inasmuch as they have the ordinary par- liamentary right of making @ motion in the House conceived in tue sense of the Diet"s resolutions of September 24. Why they have not ali done so it ts Lot easy to conceive, Perhaps they to show to the world the wonderfal stock of patience Austro- world The neem of the upper short ibention. in the first place twenty new life members have been added to it by ro} ieee ‘These new creations include Professor trea thy a pe , Barou Anselm von Rotl- achild having been the irst. In addition to these there are two Austrian Polca in the bateh of new ¢ Casimir icki y, popaler sayor of Cracow. Th inmeertat ay, ves a considerable accession of strength in ‘upper house from these nomina- An one of your editorials last summer you noticed for Branting weet ‘Uy gary ta ‘cases Of alleged ot a triw Nf . fences or the press, ‘be li, whieh was then the ta, dad ever since slept in a the upper house, This week fangihy one, aut weather rom Ie argutients ‘ut we gather | wiments “cha the commilsee is, WW principie, against any exvep- Wona) Jeginution in fayer of the press, Bad Woe © HERALD; SATURDAY, FEBRUARY 13, |1969.~/TRIPLB y SHERT. e peer oetra. ean fe on ts ag gh er Sartesuscaresee erat at tata aero as poh the Austro-! Basor af tain reasonable conditions, allows all yoatne estate in the Turkish empire. urpal in- a ro not the American government 1 ' GERMANY. Porition of France—Military Preparations Brench Splee—Proceedings of the Diet—Pro- posed Reform=—Bank Statistice—Taxation and the Deficit—Emigration Iutelligence. BERLIN, Jan, 18, 1869. A well informed correspondent writes from Paris that active preparations for war against Germany have been carried on for the last wo months. He speaks more especially of that system of espionage which almost always precedes the outbreak of hos- tillties. To carry out this system a number of officers ‘were sent several months ago to all points of mili- tary importance in Germany to inquire into and report upon their respective strength, He further asserts that these officers, having done their utmost by all sorts of contrivances to possess themselves of the requisite information, the military staff is well posted up on these points. Referring more particu- larly toone of these spies he proceeds to observe that he has heard from his own Ips the tricks that have been employed to dbtain accurate infor- mation as to the strength of the two fortresses of Cobientz and Ehrenbreitstein. This individual pre- tended to be drunk, and, staggering over the para- pets at Ehrenbreitstein, apparently rolled over and over down the declivity until noticed by the senti- nel, who kindly assisted him to the guard room, where he was allowed to sleep off his simulated in- toxication. Nobody had the slightest idea that this spy had a tape measure in his pocket, which, by the cunning means alluded to, he made the most excel- lent use of. Of course these officers have also sent in their reports as to the fightitig qualities of the Prussian army and political opinion prevalent throughout Germany. They assert that the French and Prussian armies, as regards arms and tactics, are on a nearly equal footing. The Prussian officers are admitted to have a more thorough theoretical training than their French colleagues, while for the French private it is claimed that he has more inherent activity and a greater fucility in adapt. ing himseif to unforeseen contingencies. Ov the: grounds, then, France is stated to be in a position to undertake an immediate contest should it be necessary. As for the political position, there exists but. little sympathy with France in the Rhenish provinces; but it might be easily aroused by proving w the inhabitants that French taxes fell considera- bly short of those paid by them at present. There was also much dissatisfaction prevaient in the an- nexed provinces, which would readily side with France in the event of a rupture, Admitting that the correspondent has somewhat exaggerated the aspect of affairs, yet if we take Lato account the com- ications iu other countries, especially Austria and Russia, We must consider the present position as eminently serious. Asa sign of the times we have to notice the various coast fortifications which are being pushed rapidiy forward in every direction— more especially those on the Elbe, on the Hanoverian side, near Butzfeth, while France Is displaying feverish activity in her great naval arsenals. The proceedings of the Prussian Diet are devoid of general interest, with the excepton of a ‘aw lately passed respecting railway employes, making It ille- gai for the companies wo compel these men to re- nounce all damages in cases of accident. A bill to simpufy the oath of Jews, unt now sworn at their kynagogues, has been referred to the Committee of Justice, and itis proposed that they may be permit- ted to swear in open court. Another bili is in con- templation to constitute registrars of mortgages, instead of transacting this business, as at present, at the tribunals. ‘The recent statement of the Prussian Bank shows a circulation of its notes to the amount of 147,000,000 thalers, while its capital stock 1s but 20,000,000, leay- ing, at the rate of five percent interest per annum, a clear profit of 7,000,000 thaiers, Though the bank, being a government institution, has ample resources, yet 1n cuse of a crisis, wnere its notes would suffer depreciation, its capital stock could only offer a tee of thirteen and two-thirds per cent on the amount ot its notes in circulation. Some two months ago the Prussian Minister of Finance, Baron Von Der Heydt, stated in the House that the could very well bear an increase of taxation for the deficit. His opponents now point to the fe off of direct duties and to the smal chance he of extricating himseif from his em- barrassment by the proposition. Nothin, but a reduction in the huge mulitary establiahuient = prevent @ recurrence of yearly increasing de- ta. The resolution of the North German Band Council to contro/ the shipping of emigrants, as reported in a previous letter, has now been carried out by the appointment of Captain Weikhmann, formerly chief of the Stralsund naval depot, as special commis- sioner for all the North German seaports, with his permanent seat at Hamburg. it will be a im- provement if, after the creation of this new office of control, no more dreadful cases of neglect, such as those of the Liebig, alias Liebnitz, and recently of the Palmerston, resul in wholesale destruction of the lives of passengers, should happen. The glaring mismanagement in the case of the latter seeins to have had the effect of hastening on Captain Weikh- mann’s appointment. ENGLAND. to Theatrical Manzgers. The following circular has been addressed by the Lord Cham! A the managers of ail the Lon- don theatres under his jurisdiction:— The Lord Chamberlain presents his compliments to the manager of the ——. He has learned with regret, from observations in the press and from other sources, tai iain of the !mpropriety of mmimos, buriesques, & Formed in some of the imelropotiiae ‘© matter perly to be left to the discretion and managers themselves. Now, however, vestion has been taken up by the press, eur expressed upon it, be feels himself com to call the serious attention of the managers to the subject ; for he ean- ‘not but remark the lit that now justly falls on the stage, and the objections witich are being raised agatnat it by many whe have hitherto freqveuted but who now profess themselves unwilling to permit the tadies of their families to sanction by their presence such Ne ex- hibitons. Tho Lord Ohamberlain, with every anxiety to promote the Interests of ihe stage, trusts that he nay coatident y appea: to the mani to assist in abating the evil complained of, whieh threatens to become # public sean He has purposely addressed these observations in the form of s clroular tw the managers of (all theatres under his juris: diction, without imputing blame to any iu particular, ai Wadly receive thein Observations OF suggestions which they may wish to offer on the #ubject. LOKD CHAMBRRLAIN'S OFFIOR, Jan, 25, 1889, , the and pubile opinion FOREIGN MISCELLANEOUS ITEMS. My ben Eng employed in merchants’ of ice el at St. urg, having declared their intention of ret to their to serve as volunteers in the Greek army, a stbecription Was opened to pro- vide them with the necessary outfit, and 4,600 rou- pies were collected in a few days. Since her dischat from prison Madame Rache! has had the walls of London placarded with large ting bills announcing her readiness to oifer £100 the apprehension of a number of persons whom she charges with having attempted to obtain a large sum of money from her in June last. ‘The Duke of Sutherland when on his way to join the Prince of Wales in Kgypt stopped at Brindise, Where he was invited to a banquet by the authori ties, In proposing a toast vo tie prosperity of Italy he stated that {t was quite evident to iim that brin- dise is the aw for the arrival and departure of the Indian mai On the 224 ult, the Emperor of Austria gave a dinner fn honor of the vistt of the Prince of Wales to Vienna, and invited the King and Prince Royal of Hanover on the oocasion. Prussia will doubtiess feel herecif insulted at her enemies being made se much of in the presence of the heir to tue throne of Great Britain. The King of Prussia has just made his debut as a Journalist, by publishing 10 # small print, muon read in the army, an article entitea “In January, 865," vaunting the new zation of the ‘military sor. vice of the country, and criticising the conduct of the deputies, whose objections, fy been lis- tened to, would not have permitted Prussia to tn- scribe Sadowa in her military annals. ‘The Papal authorities recently demanded the ex- of four Komans who were implicated in the Ajani affair. During the melee a Pontittoal fouave was aud the Pontideal government makes the des on the ground of the committal of @ crime common jaw. But the Italian government decided that the act was w poliucal Offence, aud therefore rejecied the :equest. A private letter from Pan mentions that the Mar- Of sure will shortly be admitted into the The rt claims as be wevessiop to Kone t roposed matrimousal alliance with tue Presbyterian house of Argyll. An toteresting incidems is told of the illness of the use of Bi i The young invalid had agreat passton for music, and winch of the song suffering Whieh haa excited due to the soothing such just upemiretion has been effects of perceiving that ne had a special hens, His mother, taste for the harp, Fesuived Hist Done but herself should juris jin wiih it distraction. In the gnidst of her melsn~ ewly jes ehe has found time to arp tie jostrD- JHC OY? DOW plays well, nances and the rights of the public shows itself in the erection of new buildings in this city, The fact is patent to everybody. It requires no sharp ob- servation to see it, Many, of course, wonder why itis so, and in riding in their carriages or public con- veyances or going on foot to and from their places of business, hurl silent but deep anathemas at the Common Council or Street Department or any munl- cipal bureau they think chargeable with the blame, for the frequency with which they have to execute skiful and sometimes dangerous flank movements to get by encumbrances filling the streets. Encumbrances from putting up new build- ings, many of them almost wholly obstructing the Streets, are visible in nearly every thoroughfare of the city. The evii has been rapidiy growing, til in the multiplicity of new buildings being erected, and Particularly tn the upper part of the city, there is hardly a street that is not almost positively blockaded by mammoth piles of bricks, huge masses of stones, Jong lines of lumber, monster appliances for mixing mortar and mingied masses of marble, iron pillars, sand heaps, paving stones, dirt carts, barrels, boxes, wheelbarrows, doors and window frames, The fact is, these trespasses on the streets have been an unbearable nuisance, and uniess something is done to abate the evil it will go on from worse to worse, Each year is largely adding to the number of new buildings, A good portion of the island is till to be built over, and with every prospect, judg- ing from the past and present, of the evil to which we have alluded increasing tn the same ratio as the aed in the number of our buildings and popula- on. ‘The law on the subject of obstructing the streets, either in the erection of new build: or otherwise, is suiictently clear, and if only sufficiently operative would meet all the requirements of the case. From the revised city osdinances of 15¢6, referring to the Street Department, we quote those sections or por- tions of them bearing specially on this point:— Sxerton 21. He (the Street Commiasioner) may direct the removal of any article or thing whatever that may encumber or obstruct a sireet or avenue, whar! or pier, in the city of New York under the penalties prescribed by law. SEC. 22, He (the Commissioner) is hereby directed aud autborized to employ under his direction four competent ta salary each per annum, the duty of {wo of whom it shall be to report to the Street Commissioner any article or thing whatever which may encumber or ob- struct a street, avenue or place and with his consent to order the same to bé removed, and {f not removed within twenty- four Lours thereafter to order the same to be removed to the yard under the eare of the Deputy Superintendent of Re- pairs and Supplies, or other suitable place. * * * * * + ‘There are those who insist that the above sections refer to boxes of goods, merchandise and arucies with which our sidewalks are so frequently and ex- teusively encumbered, aad that they have Lisgaii | to do with encumbrances of the streets from putung up new buildings. But itis very plain to the most casual reader thatit 1s notso “‘speciiied in the bond;” that 1b must include ali classes of street encum- braneces, and that the ordinance, strictly aud legally speaking, is pot thus a statute of pitations 1s made more evident from there being Qo speciic reference to obstractions arising irom filling the streets with building material. Whether the im- spectors find it for thelr interest to give the law the limited interpretation to wich we have referred it is not for us to say. Itis very certain that bailders, in regard to opstructing the streets, have it their own way, aud encroach on the public thoroughfares to any extent they please, the rights and con- venience of the public betng secondary to their own requirements. There is no doubt that the patting up of new ovuildings is a@ necessity, and in the light of boing viewed as a necessary evil that certain latitude of space beyond ‘the lots actually built on must be allowed builders. There is no objection to reasonable space. The objection 1g to unreasonable space—to the present unlawful and unscrupulous encroachment on the public streets practised by so many builders, The rule in the Street Department (or, more correctly speaxing, undersianding) is that they shall not be allowed more than one-third of. the street; but itis well known that in streets of ordinary width’ very frequentiy two-Luirds of the same are occupied, and very rarely is the space reduced to one-third. As to the one-third rale, we have been able to find no law on the subject except the law of usage, aud which we have just stated 1s very rare! complied with and of course as rarely enforced. When a building is to be erected the owner or builder or other authorized person ap- lies to the Street Department ‘for.a@ permit to use @ portion of the street as place of deposit for his pbuilding material. The permit 1s given for three months, to renewed on application if necessary. ‘The supposition, of course, Is that the inspector will see to tt that be does not encroach beyond the cus- tomary one-third allowance. From an im ig list that might be made out we give below samples of the extent to which builders are encroaching on the strect, Some, of course, are cases of unjustifiable infringement on the law—that is, the law of usage under the one-third rule—and others are not. Commencing with Fifth avenue, the present most fashionable street of the city for driving and proime- nading, we‘find the street unobstructed until we reach Fortieth street. On the southwest corner 1s bel erected a very handsome private residence. The en- croachment of brick mortar is compafativeiy slight on the avenue, but it is fully made up on Fortieth street. Mr. Wiillams is owner and Mr. Woodruff butider, On Kast Fortieth street, adjacent to the avenue, are five handsome brown stone fronts in process of erection. With bricks, mort@r and lumber they have Managed to pretty fully monopolize the street. Two of the buildings are owned by Mr. Leavitt, and the others by Charies Bates and H. B. Hyde, ‘The build- ers are Wililam neers and J.T. Smith, Between Forty-tith and Forty-sixth streets, farther up the avenue, on the west side, are two brown stone fronts, nearly completed. They are owned by Mr. Clark. The builders are Brown & Herbert ‘ese parties have shown considerable caution and take up but little of the street. On the next block, on the opposite side, ts the Church of Heaverfly Rest, still struggling toward final completion. Frye buildings tor private residences are being erected adjacent, three of which belong tothe church. The builder of the church and the buildings beior to it is Mr. Old. Mr. Auderiaus ig the builder of the other two. The presence of building material in front of these bulidazs dwindles the avenue dowa to an inconvenient narrowness for the constant counter streams of passing carriages, and especially, taken im connection with the new build- ings, ail ‘the front of the block but one corner house, ia fact, being put up across tHe way. ‘These latter buildings are owned by Rogers and Dug- Mr. Shattuck is the builder. -Mayor Opdyke is erecting a magnificent private residence on the northeast coruer of Forty-seventh street and Fifth avenue, . Both avenue and street are considerably taken up with buliding material. The ex-Mayor ongit to be posted thoroughly on the law, ud it 1s possible he w occupying no more of the street than le ts justly entit! d to, and possibly uader sume law we are tuable to find. rhe Duten Keformed church going up between Forty-eignth and Forty-ninth streets, on the west side, have done the eminently commendaole thing tn fencing tu their building and most of their butiding material, A large quantity of stone atiil remaining encumbers, however, the strect, cousidermg the amonnt of spare room they have for building mate- nal on their low Passing still farther up the avenue we finda new building going up on the corner of Porty-ntuth street, of which Mr. Davids is the owner and Mr. Callahan balider. The obstruction of the avenue ere is very siig! as also in from of a new building being ere at the corner of Filtieth street; but as to la- fringing on the side streets there is’ not the same scrapuious care. Two biocks further ap they have comiatnced cavating fora new building, and in the ustal way have commenced earty the process of filling the street, East Fifty-secoud street, ne: avenue, is blockaded with stones, e ing @ ver narrow space barely sudicient ior # singic’ veliioie to Agata turning our attention to the avenue, we ’ church in its inchoate state, and the nporary view of the amount sidewalk tak up by this platform it is to we hoped that, like the chapel, it will be temporary. What makes the matter sul! worse iu this vicunity ts digging a sewer in Ure street. It is vane 'Yy pursue the avenue aloug ue line of the Park. At present this portion of the nue I Hot used for driving, and so the matter of taking up the street— oue-tuird, More or los3—does not very acriously eon- cern the pablic, aa the latter ts uot particularly in convenienced in consequence of it, The human mind, having a loye of order and law, shrinks from contempiating what this avenue will be in respect to mcumbrances in the shape of builling material whon the building on it, a8 must be the case before long, is more extended und general. Madison avenue, like Fifth avenue, has tte places of some blockade. On the southeast corner of ‘Thirty-second street a new building, of which Mr. Muller is owner and Mr. Ross builder, is being erected. ‘The avenue is not much obstracted, vat Thirty-second street is scarcely more than passable. On the northwest corner of Thirty-fourth street some of the buildings faciug the avenue and some the street, are several fae hulldings of Nova Scotia stone fronts eo up by Mr. B , Messrs. Weeks & 1 i are the butlders. Consider the the stroots are oDiy very iiiletnfriged upon. Act ree in upon. Muc! less of the avenue and’, strect is, however, used now than some time ago, when the butidings were in a dess forward state of com; On. A block further up, on tie cast side, ts betag built a mage forthe Rev. Dr. igomery, pareo: Moni |, pastor of the Ep! church soon @ portion of this block, "Mr. wrown is the ide, @ huge piles of sand oo in the street have not totally inte: Wel, but would effectually do so if they were larger. On the northeast corner of Forty-first street there Js a spectaily cumbrous pile of brick in the street. Mr. Leavitt is the owner of this building and Ar. Thorntog the bi o1 id atreet on this avenue we of the the street # months ago the contract for work ven out, and tho: de doll as is seaed have been taken fron the city treasiry ba Need re ere srene, in Prag Dd we shows the same appearance as south- West corner of Thirty-cighth SCrBet, but facing on the latter ee are five aang in process of con- siruction, The owner 1s Mr. Jardine, and builder Mr. Cochran. Their building material infringes on Thir- y cighta street to the extent of allowing but cramped Space for vehicular use. = Bet first Forty-second the ‘coor eldo ofthe oem are tive buildings wher and using the nearly in @ state of completion. The o builder are commendably sparing in street, ‘On the northwest corner of Forty-second street and Lexington avenue is being erected a maasive Doric structure, 100 feet on the avenue and 115 feet on Forty-second street, to be used as & for children, Messrs. McCormick & are the buildera, They have made pretty free use of both the street and avenue, theugh claiming no more than the law allows, On the same avenue, between ty-fourth streets, on the east side, are six bull’ nearly finished. The owner is Mr. Guilford, and builder Mr. Clotes, Their on the ave- hoe is not particularly unreasonable. It is the same with seven buildings being erected between Forty- sixth and Forty-seventh streets. in Third avenue, between pr and Thirty- seventh streets, are several new buildings coat pot up by Mr. Kennedy, who is both owner and builder, A bay, =f pile of bi and lumber obstruct the avepue. in Thirty-fourth street, between Second and Third avenues, on the south side, Mr, Glags, who is also the owner, is putting up seven new buildings. He has ornamented the avenue with @ particolariy bie yd of bricks, though less, however, than one-t of the avenue, which, pily for the convenience of the public, ia wide and dinicult to put under posi- lve blockade. ‘The new building for the Young Men's Christian Association being erected on the southwest corner of Fourth avenue and ‘I'wenty-third etrect, has its outer walls finished, but a "good mn of the stréet and avenue ig still occupied by building mate- rial, Mr. Muileris the builder. Messrs. Aiken & Miller, who are putting up a very fine and large marble front bniiding on the north- west corner of roth and Eighteenth street, have fenced in their but material, with very lit- le encroachment on the sidewalk or street. Such cases are rare, as will be seen from what we have al- ready written, but there is no reason why it might not generally be done. On the southwest corner of Broadway and Fifteenth street, where excavations are being made and the foundation walls laid for new buil the sidewalk is quite materially encroached upon. At piesent no workmen are employed here, possibly o w the temporary inclement weather. At the corner of Eleventh street and Broadway Messrs, Lake & McCreery, who are putting up a Eieervs marble front building, temporarily obstruct the sidewalk, somewhat but not seriously, The ob- struction is ‘as iittie perhaps as could be expected, but not as little as is possibie, In front of No, 27 Great Jones street a new bulld- ing is being erected. Over one half of the street 13 eccupled by a massive pile of bricks. No possibly imaginative liberal interpretation of even the law of usage can make this otherwise than @ glar- ingly audacious intringement of the street. on the east side of audway, near Fourth street, 1s 4 néw tarbie store, owned by Mr. Burdoin end of which Messrs. Young, Vreeiand & Co. are the builders. ‘The building is nearly finished, but an unsighily pile of inmber is still allowed to encumber the sidewalk. ‘The buuldings being erected on the site of Barnum’s late museum, owned by Messra. B, F. Baker and Peter Gilsey, and being built by Messrs. Hall & Connolly, happliy obstruct the street very alightly now compared with what was the case in the earlier stage of bullding. ‘There is still, however, room for improvement, A model in the way of sparing the street and side- walk is the splenttid marble buildmg being erected on the southeast corner of Broadway and Leonard stro mumense as 13 the building and cumbrous the material employed there uw very slight infriugemeat e sidewalk and none whatever on the street. We might pursue these specificatious of new build- ne in process of erection and the degree of ther infringement on the streeis unendingly. All over the city new buildings are going up—going up with a rapuity never exhibited before. Tenement houses form the majority of these new structures, and it is very certain that in a majority of cases the iniringe- Mets on the streets exceed the most liberal con struction of elther law or usage. For the present we end our chapter here. ¥i TRE SUFFRAGE AMENDMENT. "The Radical Press of Lilinols in Opposition. (From the Chicago Tribune.) a The Senate remained in session through the whole of Monday night, and until nearly noon ou Tuesday, development was made during the discussio1 Senator s Sumner and Edmun versal §1 ‘This will be a surp’ uiTrage. people of Uiinois, who have thus far denied to the handful of colorea men 10 their midst the right of voting. Mr. Sumuer and Mr. Ed- munds mean to express the opinion that the Four- teenth amendment anthorizes and enables Con; to establish universal suffrage by law. We tl that itdoes not. ‘There never has been a time when Mr. Sumner could bring a majority of the Senate to his wags teem” on this question, Mr. ke, of Misso' another tmpracticable genius, wanted to amend the amendment so as io enable negroes to hold office as well as vote. * * * The time will come when [illinois will accept both, but {t has not yet come. To adopt M2. Drake's amendment would be literally killing two birds with one stone—that is, 1t would ‘kill itself and destroy the suffrage clause by the same biow. {From the Ctucago Republican.) * * © This ia the aT ge genoa amend the national coustitution which has ever passed either House of It is 80 radical its provisions, particulary that regarding nativity, that we doubt i it can secure a ratiication of three- fourths of the States, tf submitted to thei in the present of popular opinion. Mis. sourt and ‘yiand may be set down against it to a moral certainty, with, perhaps, several of the re- constructed States; for it would adinit to the ballot box at once not oniy tie negroes, but the whole body of the ex-reveis of lawful aze. seen several of the Staves provice in their consiitafions that the Governor shali be # native bora citizen. It may be assumed that im each such case tie pro- posed amendment would meet with violent oppo- siuon, and would be unlikely to carry. Besides, there are some States in which the question of colured suffrage has been submitted to tne people and deieated. fhe Legtsluturesol such States wight refuse to endorse 4 proposition that had been exp) rejected by their constituenta so recently. It would require, 1 must be recol- jecied, @ negative vote on the part of oniy feo States to prevent @ ratiiieation. In this iight, the “nativity” stipalation might have been left out with advantage. (he amendiueat is not intended for buncombe, but for ear..est work. Even with the providements of race. color and creed 1t would have all the weights tt could carry. The right of natural- ized cluzeus to Voie is not, we velleve, tnvaded or atiempced to be invaded in any section of the Union. red tO itake creed # test of the oillve or Lo exercise Whe elective franchise. in tis atiers of reform too inach siould not be underiaken at once, {t caanot be pushed abead of the cucrcut demands of enligateaed pubic opinion. {From the Chicago Evening Post.] itis moraily certain that if (iis amendment is coucurred in by the Hoi 6 Will Rob be rauied. Texas, Mississippi and Virginia are not yet in the Uniot Oregon and Califoruia, at best doubtful re- publican Staves, nave yet to elect their Legistatures. it requires no gift of prophecy to predict that they be overwhelmingly opposed to ratuication. Connecticut and Ohio, Doth doubtful, have also to elect thetr Legisiatures. Tho recent fate of the negro suifrage amendments ta them does not give luuch encouragement that a proposition consigered more obnoxious will meet wit a better fate. “It ts not certain Liat even Rhode istand can be carried over the heads of hor two Senators. Besides these, there are other Weak polats, Waich we ueed uot now mention. No one lias yet off qualidcation to li will SHARP PRACTICE BY BURCLAAS. Attempts to Rob the bre ora County (Coan,) nits (From the Hartford Courant, Feb. 10.) In January two men called atthe Toliaud county Bank, m Tolland, at different times, and the suspi- cion of the bank oMlcers was excited that they meditated burglary. One of them claimed that his business m the place was to buy sizing for shipment to Europe. Their business in the was either to get a bill changed or to revenne stamps. They did not ay togetuer until Monday of this week, there being mn the Wank at the time one person a clerk, Mr. Hicks, Who on previous occasions had been alone when the meu called, It is provable that tended to use forcible measures to get Mr. Hicks out of the Way and rov tue bank on the spot, but, that ie bad company, wisely concluded to withdraw. ‘hn Was kept upon theirmovements and word sent Z| is patra ta whea President Jounson visited arttora; wes taeee to the police headquarters and examined, : eration of the parton, Rowe ver, robberies b vals from New they kept goo caceabenaiaae arg og ent has done ‘credit again in the detective and ‘The Seymour Family—Its Branches and Rep- resentatives, Horatio Seymour et al. vs, Lemu@ C. P. Freer, Administrator of Jeremiah Price, deceased,—This is @D appeal by the defendants tn the original suit from a decree of the Circuit Court for the Northern district of Mlinois, The petition there fled alleges that on the 9th of May, 1835, an agreement was en- tered into between Jeremiah Price, deceased, and Henry Seymour, deceased, by which Price agreed to act as the agentof Seymour in the selection and purchase of eligible lands near town sites, or ex- pected town sites, &c., in the States of Iinags, In- diang and Ohio, and im the Territories of Michigan and Wisconsin. The lands were to be purchased the same year, but only after “the most careful searches e: rations for the most profitable invest- xplo ments,” and they were to be soid withi Bm tt Peal g + upon which sale, after taxes on the investment and seven cent interest on the amount invested, Price Lapa) the ag eg: the n for lus services and xg in making the searches and splorations. gum inv Was 35,00, ad- vanced by Seymour, and the titles of al! tue property were to be taken in the name of Seymour. ‘nis nent = at Utica, N. ¥.) is set out in the bill, which n proceeds to recite that Henry ur died at Utica, m igo og 1837, leaving & last will and testament, in which were named as heirs pg Jaw Horatio Seymour end John I. Seymour, sons the testator; -y F. Miller, wife of Rutwer B. Miller; heir |, wife of Edward f. Shonnard; Helen C. Linekiaen, wife of Ledyard 4 rs of the testator, and of which hro Seymour, of Brattleboro, Vt.; Horatio sey- mour, of Utica, N. Y., and Origin S. Seymour, of Litehiteld, Conn., were named as execators. The estate of the testator was directed in the will to de- scend to and be distributed among the six children as in case of intestacy, except as to the Linekiaen, and Julia C, Conkling, wife of Roscoe Conkling, daughte: share of Mary F. Miller, wife of Rutger B. Muller, the title whereto was, by the terms of the in the executors, as , ve trustees during her life. The executors Look upon themselves the trust, but subsequently rest zhed then chi as trustees of Mary F. Muller, and Edmund A. Wetmore, of the city of Utica, was appoimted in tneir stead, and now holds such trust by appoint- ment of a court in chancery, Summons was asked to all the parties named as defendants. ‘Ti bill alse shows that about 2,440 acres of land lad been pur- chased under the agreement, none of which was sold within the five years stipulated; but that the administrator had, up tothe fiitag of the bill, sold about 200 acres of the land tor the aggregate sum of $09,200, of which complainant admis having re- ceived about lial. A great variety of details of fact and figures, important to the case but of uo interest to the public, are set forth, and it is then said that the defendants Lave steadily denied the claim made on behalf of Price’s estate to half the prorits of the transaction as stated, and refused to adjust accounts on that basis. The bill then declares the fear of the administrator that, in case the residue of the janda should be soid out and the whole proceeds converted into money, including the moneys due on sales already made or to become due, and the same with moneys now in hand, should be suffered to go into the hands of and be paid over to the numerous iieirs and devisees of the testator or his executors and trastees, beyond the limits, and without the jurisdiction of the courts of Mlinois, where the who'e business has been transacted and the profits earned and made, that the rights and interests of the estate of Price, in the profits on the invesiment, will be so thoroughly dissipated and placed beyond reach, and lost, as to be hardiy worth pureulng or asserting. For this reason the bili was dled to obvain an adjustment of the rights of the respective parties by aCourt of Equity, and the prayer was that the residue of the lands be directed vo be sold anc for the appointment of areceiver, &c., and for an injunctfon to restrain the defendants from any further disposition of the lands, and from farther withdrawiag from the complainants any moueys derived from sales, &c. All the heirs, except Horatio Seymour, answer jointly, denying tbat Price in his lifetime (le died in 1854) claimed any interest in or Utle to any portion of the prouts aiter the expira- tion of the five years named in tle agreement, or that he pretended to stand in any otuer relation to the defendants than that of agent to negotiate sales for them, and for vieir exclusive benefit. It ts also pleaded that ii Price or his estate had aby claims under his agreement with Henry Seymour, by reason of the neglect to sell the lands within five years, those claims are cut off by the | statute of limitations of the State of dilinois the | prevent proceeding cannot be maintained, it is de nied that the executors, as such, have endeavoring to finisn the debate on the suffrage amendment to the constitution, The Ceci niige raed rn were opposed to tie measure on the ground that the fourveenth amend- iment, Which Was ratified last year, Cogs 4 e ‘The same may be said of the right of religious belief, . any concern in the controversy and averred they should not have been made defeadants. The heirs allege that the executors are not wanting in the ability to of the lands or to refand any moneys which the court may adjudge to belong to the estate of Price; dud it is Submitted that the prayer for an injunction and further appointment ot a receiver is unreasonable and ought not io be granted. The answer of Hora- tio Seymour avers that Price advised against the sale of the lands and never made any; and that Price waived, excused and reieased the deiendguts from any claim or interest under the agreement set forth im the petition aud treated the defendants as sole owners of tire property and soleiy cututied to the rocecds thereof, and never pretended to have any mour. The statute of lunitations is set up as Ia the answer of the heirs and ail tae allegations of the bill inconsistent with the aaswers flied are denied. The decree was substantially for the estate of Price, a receiver being appointed, with directions to pay over to the ediain tor one-haif of ali the proceeds ofsale, aiver payment of all charges, ac. Appeal is taken to this court to reverse. that decree. The court below construed the contract as establish- ing a copurtnersnip between Prive and Seymour, aud held that the sales made and to be made were 0 be deemed as being on the joint account of those par- ties or their estates. No injunction was granted; but as @ subsiitute therefor mouey in the hands of Mr. Coventry, at of the devisees of Henry Seymour— proceeds certam sales—were to be equally di- vided between the admiuistrator and the devisees, Coventry was appy'nted receiv. t certain terms of security, to seii the iaud at private sale. ‘The ap- ellants contend that Bo interes: of auy tuird party in questi the sole inquiry ts as to the cou- struction and meaning of the agreement between ine contracting parties. ‘There 1 nothing in the poucy of the law or in oa cases which requires that should be sonsidered copartners, or te have w joint interest between themseives, to any extent be- Yond the expliett lo ug: of hety agreement. The express Innguage of the instrument ts that the only conpensation Price was to have was the profits to arise upon a sale of the jands \ithin five years from its date; and there Js got a word in it whieh. by any Tair intentment, iooks to any general interest in hin in the nature of the interest of a partaer in pariner- ship property. The tanas which Price was tw se- lect and purchase were to be such us should be “most advantageous to the mt reat of the said tlenry;” and this iangnage contradicts the theory that tle services of Price were to be consid- ered as a contribution wowards the purchase of part- nership property or aa eguivalent to the money to be advanced by Mr. Seymour, and that they or their representatives have & Common iateres: in the lands. ‘These words slow that the lands were tobe pur- chased for the general interest of Seyiour and that the interest of Price was only the special one secured to him by the subsequent provision in nis favor, The provision that the contracts aud conveya: shoud be made aud taken m the name of — leads to the same conclusion, Tt is supmit(e: phat the pro- vision that the Jands shall be purchashd «within the resent year,” and sfall be “s hin dve years ‘om the present time; and oui of the projits which may be made by Such purchase and , there stall be paid to the suid Jeremian one-hatf of the same,’ renders tie construction of the devieees pert clear. “such” pnrebase and sale, means the pur- chase to be presently nade and a sale to be made within dve years. if it had been a general 7 ship enterprise, which was in contemplat the provision would have been, that upon a sale or anv sale, the proceeds, beyoud the cost, should be di- vided; but as to any sale to be made aiter that ume Oe tne cae tor @ participation by Price. itm ft argued that the decrees below can- hot be sustained upon any The point that the ri rh of Price e it 1 ‘ice representatives were barred geen lapse of and their action must fail for that cause, is considered clear. Good faith required that Mr. Price should have advised the devisees of Mr. Sey- during’ all "this “tinea ‘eireumetiags eo kear ireumstance of great waight—she burden upon the heirs and devisees of Tapid rate by the accu- taxes and the expenses of Any idea of a continuance of the contract not made partics, If his representatives have any vy such interest is an equitable estate of ja. the uasold land and tn the proceeds of the land sold. Francis Kernaa and JI. vento for appellants. Case for lee submitted om the Printed brief of H. AMERICANS IN PARIS, List of queens . ‘28, 1809,—New York—! . T. Griffen, Mr. James Wiile. trong Me Tlie, Dr. C. Ds Adams, Me. Ni +. s. W. Andrews, A. Rice, Jr.; Mr. 0. W. son, Mr. 5. ~~ Jr. iains., Ohto—Mr, bhp ir. PF. F. Grow. at; P.O. P. B. Tyler.