The New York Herald Newspaper, April 13, 1869, Page 6

6 rn NITED STATES SUPREME COURT. IMPORTANT DECISIONS. Shall the United States Defray a Part of the Expenses of the Rebellion ? ad The Texas Indemnity Bonds Declared Not Legally Issued by the Rebel State Government. ‘ARDLE CASE DISMISSED. THE Me @he Texus Indemnity Bonds—Important De: cision of Chief Justice Chase. WASHINGTON, April 12, 1509, Chief Justice Chase to-day delivered the following devision:— No. 6.—The State of Teras vs. George White, Jom Childs, John A, Hardenvurgh and Others—This is an onmginal suit in this court, in which the State of Texas, claiming certain bonds of the United States as her property, asks an iujunction to restrain the defendants from receiving payment from the na- tional government, and to compel the surrender of the bonds to the State, it appears irom the bill, answers and proofs, that the United States, by act of September 9, 1850, offered to the State of Texas, in compensation for her claims, connected with the settlement of her boundary, $10,000,000 in five per cent bonds, each for the sum of $1,000, and this offer was accepted by Texas. One- half of these bonds were retained, for certain pur- poses, in the National Treasury, and the other half were delivered to the State. The bonds thus deliv- ered were dated January 1, 1851, and were all made payable to the State of Texas, or bearer, and re- deemable afier the 3lst day of December, 1864. They were received in behalf of the State, by the Comp- troller of Public Accounts, under authority of an act of the Legislature, which, besides giving that authority, provided that no bond should be avail- able in the bands of any holder until after endorsement by the Governor of the State, After the breaking out of the rebellion, the insur gent Legislature of Texas, on the 11th of January, 1862, repealed the act requiring the endorsement of tho Governor (Acts of Texas, 1862), and,’on the same day, provided for the organization of a military board, composed of the Governor, Comptroller and ‘Treasurer, and authorized a majority of that board to provide for the defence of the State by means of any bonds in the Treasury upon any account to the extent of $1,000,000. (Texas Laws of 1862, p. 55.) The defence contemplated by the act was lo be made against the United States by war. ‘Under tius authority the military board entered into an agreement with George W. White and Jonn Childs, two of the defendants, for the sale to them of 135 of these bonds, then in the Treasury of the State, ana seventy-six more, then deposited with Droege & Co., in England, ia payment for which they en- gaged to deliver to the board @ large quantity of cotton cards and medicts This agreement was made on the 1 of January, 1865, On the 12th of March, 1365, White and Childs received from the military board 155 of these bonds. me of which were endorsed by any Governor of Texas, Afterward, in the course of the years of 1865 and 1886, some of the same bonds came into the posses- sion of others of the defendants by purchase or as security for advances of mono uch is a brief outline of the case. It will be nécessary hereafter to refer more in detail to som@ particular circum- stances of it. ‘The first Inquiries to which our attention was direct- ed by counsel arose upon th jegation of the answer of Childs—tirst, iat no sufiicient authority 1s shown for the prosecution of Suit in the name and on behalf of the Siate of Texas, and, secondly, that the State, having severed her relations with w majority of the States of tne Union, and having by her ordi- nance of seccssion attempted to throw of her allegiance to the constitution and govern. ment of the United States, bas so far changed her status as to be disabled from prosecuting suits Jn the natioual courts. The first of these aliczations 1s disproved by the evidence. A letter of autuority, the authenticity of which is not disputed, has bi produced, in which J. W. Tlurockmorton, ele Governor under the constitution in 1886, and pro- ceeding under an act of thes: we relating to these bonds, expressly racides and confirms tie achou of the solicitors who fled the bill and em- powers thei to prosecute suit, and it is further proved by the atidavit of Mr. Paschal, the complainant, that he Andrew J. Hamilton, whie Texas, to represent reference to tne bon that his appointment has by B. M. Pease, tii # State of the Chior those persons or eliher of them competent to repre- sent the State, this proof leaves Bo doubt upon the question of antuori Ye other allegation presents a question of juris- diction. Jt.as not to be questioned thar this court has original jurisdiction of suits by States again citizens of other States, or that the States enti to invoke this jurisdiction must be Stares of Union. But it 1s equally clear that no such jurisdic tion has been conferred upon this court of suits any other political communities tian such States, {f, therefore, it is true that the State of Texas was not at the time of filing this bill, or is not now one of the United States, we have no jurisdiction of tuis } suit and it 1s our duty to dismiss it. We are very sensible of the magnitude and import- ance of the question, of the interest it excites and of {the difficulty, not to say impossibility of dis- NEW YORK HERALD, TUESDAY, APRIL 13, 1869.—QUADRUPLE SHEET. senies in of tho Buisee States 4 ae ors ani esentatives, and gher relatio: member of the Union remained mr red. In that year, acting upon the theory that the rights ofa State under the constituuod might be reaounced and her obligations thrown off at pleasure, Texas un- dertook to sever the bond thus formed and to breax up ler constitutional relations w th the United. states, On the 1st of February (Paschal’s Digest, Laws of Texas, 78) a convention, called without authority, -but subsequently sanctioned by the re regu. larly elected, adopied an ordinance to dissolve union between the State of ‘lexas and the other States under the constitution of the United States, whereby Texas was declared to be a “separate and sovereign State,” and “her people and citizens” to be “absolved from all alle; ce to the United states or the government thet "It was ordered by & vote of the convention, and a an act of the Legis. lature—(Laws of Texas, 1859-6) ny ‘11)—that this ordi- nance should be submitced to: for approval or disapproval on the 23d 1861, Without awaiting, bowever, the decision ‘thus in- yokeg. the convention, on the 4th of A opted a resoluuion designating seven delegates to represent the State in the convention of secedi States at Montgomery, “in order, as the resolution declared, “that the wishes and interests of the peo- ple of Texas may be consulted in reference to the constitution and provisional government that may be established by said convention.” Before the passage of this resolution the convention had appointed & Committee of Public Safety, and adopted an ordinance giving authort- ty to the committee to take measures for obtaining pontenaion: of the property of the United States im Texas, and for removing the nawonal troops from her limits. ‘The members of the committee and all officers and agents appointed, .or employed by it, were swcrn to secrecy and to allegiance to the Siate. Paschals Digest, 80. Commissioners were at once appomted, with instructions to repair to the headquarters of General Twi then representing the United States in command of the Department, and to make the demand necessary for the asccomplish- lent of the purposes of the committee. A miigary force was organized, in support of these demands, and an garrangement was effected with the commanding general by which the United States troops were ep, to leave the State, and the forts and all the pubic property, not necessary to the removal of the troops, were surrendered to the commissioners. (Texan Reports of the Commit- tee. Library of Congress, e 45.) These transac- tions ook ‘place between the 2d and the 1sth of February, and it was under these circumstances that the vote upon the ratification, or rejection, of the or- dinance of secession was taken on the 23d of Febru- ary. lt was ratified by a majority of the votes of the State. ihe Convention, which had adjourned before the vote was taken, reassembled on the 2d of March, and instructed the delegaies, already sent to the Congress of the seceding States, to apply for admis- sion into the coniederation, and to give the adhe- sion of Texas to 108 provisional coasitution, It proceeded aiso to make the changes in the State constitution, which this adhesion made necessary. The words “United States’ were stricken out wherever they occurred and the words *‘Vontederate States’ substituted; and the members of the Legisla- ture and all officers of the State were required, by the hew constitution, to take an oath of fidelity to the Gonstitution and laws of the new contederacy. Before, indeed, these changes in the constitution had been completed, the oiticers of tie State had been required to appear before the commitice ad take an oath of allegiance to the Confederate States, The Governor and secretary of State, retus- % to apply, were summarily ejected from oiltice. fhe members of the Legislature, which had also atjourned and reassembicd on the isth of Marca, were more compliant. They toox the oath and pro ceeded on the &th of April to provide by law for the choice of electors of President aud Vice President of the Confederate States, The representatives of the State in the Congress of the United States were with- drawn, and, a3 Suon as the seceded States became i er a constitution, Texas sent Senators reseniatives to the Contederate Congress. iL respecis and so far as the object could accomplished by ordinances of tne vention, by acts of the Legislature by votes of the citizens, the relations of Texas to Vhion were broken up and new relations to a new x eut were suosuiuled for them. The position thus assumed could only be mamtained by arus, and Texas accordingly took part with the other Confederate States in the war of the rebellion, which these events made inevitable. During the whole of the War iiere Was no Governor or judge or auy other State otlcer in Texas who recognized the naltonul authority. Nor was any officer ot the Unised States permitted lo exercise any authority whacever uuder the national government withio the limits of the Stat xcept under the immediate protection of the national mibtary fore ‘. Did Texas in consequence? of these acta cease to be a Stace? or if not, did the State cease to be a member of the Union? It ts need.ess to discuss at length tie question whether the right of a State to wita- draw trom the Union for aay causes regarded by erself as suficient is consistent with the constitu. United States. fhe union of the States a8 a purely ertificta! ant arbitrary relation. IU began among the colomes aad grew out of com mou origin, mutual sympatiies, kindred principles, simtlar tnterests and geographical relations, It was confirmed and strengtaened by the necessities of war, and received detinits form, and characier, and sanction from tue articles of confederation. By these the Union was solemnly declared (o “ve perpetual,” and when these articles were found to be inatequate to the exigenci of the country the constitaoan was ordamed “to form a ore perfect union.” It is dificult to convey the 4 of indissolubie unity more clearly than by these wis. What can be indissoiuvle if @ perpetual union made more periect is not? Bus the perg x jadissolbility of the Union by no Means impites the loss of distinct and indivi- dual existence or of the right of self-government py the States, Unvier the articies of confeJeration each Slate retained its sovereignty, freedom and inde- pendence, aud every power, jurisdiction and rigns hot expressly delegated to the United States. Under the constitution, though the power of the States Were mnuch restricted, suil all powers not delezated to the Tait tes nor protubiced to the Staves are reserved te And we haye already bad term (hat “the people of each State compose a State, having its own gover! t apd endowed with all 8 essential to separate and independent and ‘hat without the States in untoa coud be no such political body as the United Nol only, thereiore, can there be 1 d independent aulonomy toshe sates torough tuerumon unter the constitution, bout itmay be not unreasonably said that the preser- the States and the mamcenance of their euls are as much within the design and care of Lue Constitution as the preservation of the Union and the maintenance of the national governmout. the constitution in all its provisions looks to aa in- dostracuble Union, composed of indestructuble States. When, therefore, Texas became one of the United etively or to the people. asion to remark at thes peSing of it as to satisfy the coufileting judgments of men equally enlightened, equally upright and equally patriotic; but we meet itin the case and we must determine it in the exercise of our best Judgment, under the guifance of the constitution aloue. some not unimportant aid, however, in ascertaining the true sense of the constitution may be derived from considering what is the correct idea of @ State, ty union or confederation with other verty of language often compeis ‘ot of terms in quite diiferent signi- fieations, and of this hardly aay example more signal is to be found than in the use of the word we are now considering. It would serve no useful pur- pose to Attempt an enumeration of all the various senses tn which itis used. A few only need be no- ticed. It describes sometimes a people or comma- nity of individuals uuited wore or less closely in political relations, inhabiting, temporarily or per- manentiy, the same country; often it denotes only the country or territorial regiou inhabited by such a community; not unfrequentiy it ts. applied to the government under which the people live: at ovher Nimes it represents the combined idea of people, ter- ritory and government. It is not diMicuit to see that in all these senses the primary conception is that of a people or commnu- nity. ‘The people, in whatever territory dwelling, either temporarily or permanentiy, and whether or- janized under a regular government or united by oser OF leas definite relations, consittate the State. This is undoubtedly the fandameutal idea upon ‘which the republican institutions of our own coun- try are established. It was stated very clearly by an eminent judge (Mr. Justice Patterson, in Pennailow va. Downey, Adm. Dall. 92) in one of the earliest cases adjudicated by this court, and we are not aware vf auything in any subse jucnt decision of & different tenor. In the constitution the term State most frequently expreases the combiped idea just noticed, of people, territory and government. A State, In the ordinary sense of the constitution, is @ political community of free citizens, occupying @ territory lefined bound. aries and organized under a goverament sanctions and limited by a written constitution aud esta lished by the consent of the governed. It ts th union of such States, under a common constitution, which forme the distinc} and greater polltical wil, which that constitution designates as’ tue United States, and makes of the people and Atates which compose It one people and one coun- try. The use of the word m this sense hardly requires further remark, In the clauses Which impose prowibitions upon the States in rr spect to the making of treaties, emitting of bills of credit, laying Gules of tonnage and guaranteeing to the Statey aeronanes in the House of Repre- sentatives énd in the Senate, are found some in- stances of this use in the constitation. Obhers will occur to every mind. But it ts also need In ite geo- graphical sense, as in the clauses whieh require that & representative in Congress shall be an mhabitant of tie State in which he snali be chosen, and that the trial of crimes #uuil be held within the State where committed, And there are instances in which the principal sense of the word seems to be that pri- mary one, to which we have adverted, of a people or political community, as distinguished from a gov. ernment. In this latter sense the word seems to be used in the clause Which provides that the United States shall guarantee to every State in the Uhiona republican form of government and shail protect each of them against invasion. in this claw a plain distinction was made } een 8 State and the government of a State. Having thus ascertained the senses in which the word State is employed In the constitution We Will proceed to con- siuer the proper application of What has oe id ine republic of Texas was admitted into the Union as a State on the 27th of December, 1546. By this act the new State and the people of the new State were invested with all the rights, and became wabject to all the responsibilities and duties, of the original Sates under the constitution. From the dave of adusssion until 1961 the State was repre- States, she entered into an indissoluble relation, Ail tie obdgalions of perpetual upioa and all the guar- antes of the republican government in the Union attac! at once to tire State. Tue act which con- sumoated her admisston into the Union was some- tung tnore than a compact; it was the incorporation of a Dew member tuto the poiltical body, and it was ual, The union between Texas and the other States Was as complete, as perpetual and as indissolubie as (ue union vetween the orginal States. There was no reconsideration or révocation, through revolution or through consent of the States, Considered, therefore, a4 trans- acuons under. the constitution, the ordinance of secession, adopred by the convention and rati- fled by a majority of the citizens of Texas, and all ihe acts of her Legislature, intended to give effect to that ordigauce, were absolutely null. They were utterly without operation tn law, The obligations of the State, a4 a member of the Uaton, and of every citizen of the State, as a citizen of the United remaimed perfect Follows that the State did not cease to be a state, hor her citizens to be citizens, of the Union. If this were otherwise the State imust have become foreign and her citizens foreigners, The war must have ceased to be a war for the suppression of rebellion and must have become a war for conquest aud sub- Jugation. Uur conclusion, therefore, is that Texas continued >a ptate, and @ State of the Union, notwith- ing the transactions to which we have rejerred. And this conclusion, in judgment, is not in con- Met with any actor declaration of any department of the national government, nut entirely in onde } ance with the whole series of guch acts and declara. tions since the fire outbreak of the rebellion, But, in order to the exéreise by a State of the right to sue in this court, there needs to be a State govern- ment competent to represent the State in its relations with the national government, so far, at least, as the institution and prosecution of a suit is concerned. « And it § by no teans @ logical conclusion, irom the premises, which we have endeavoi O establish, that the govers ntal relations of Texas to the Union remained auaitered, Obligations often re- main unimpaired, while relations are greatly place for changed. The obligations of allegiance to the Slate and of obedience to her laws, subject tothe con- stitution of the United States, are binding upon all bat citizens, whether faithful or uniaitiful to trem the relations which subsist, wile the obligatio med, are ossenlially diferent from those are disregarded and set at nought, same must necessarily be (cue of the obli- relations of States and citizens to the Union, No ove hat been bold enough to con- tend that, while Texas was controlled by a government hosttie to the United — States and tn aMlliation with a hostile confederation gations waging War upon the United States, Senators chosen by her Legisiature, or Representatives elected py her citizens, were entitled to seats in Congress, or that any suit instituted in her name could be entertained in this-court, Ali admit that during this condition of civil War the rights of the State, as a member, and of her people, as citizens of the t yu, Were sus- pended. The government ana the citizens of the State, refusing tv recoguize thelr constitutional obji- gations, assumed the character of enemies and in+ curred the consequence of revellion, These new re- from 1% limits, seems to be a necessary complement to the other. Of this the Stato of Texas fur- Dishes a siriking illustration, When the war closed there was mo government in tue State, except that which had been orcanized for tas arposs of waging war against tho United States. government immediately disappeared. The chief functionaries left the State. Many of the su- bortinate | spice scllonne et rane. Legal responsibilities wet or grea: paired. It was inevitable that great confusion should prevail. Mf order was maintained it was where the good sense and virtue of the citizens gave support to local act- ing magistrates or supplied more civecely she need- increased chan, situation. by the emancipation; and whether questio: made as to the effect of that ander the tion, 1t was clear from the begianing that its practl- cal operation must be complete enfranchisement. Wherever the national forces obtamed control the slaves becaine freemen. Support to the acts of Cou- gress and the proclamation of the President con- Corals Manne was made @ condition of amnesty—(13 U, S. St., 737)—by President Lincoln, in December, 1563, and by President Johnson in May, 1868—(13 U. 8. ‘St., 758)—and emancipation wa3 confirmed, rather than ordained, by the amendment tothe constitution Bropblane slavery Srigpous the Union, which was TO) yy Congress in February, 1835, and ratified fore the close of the following autumn by the re+ quisite three-fourths of the States, (13 U. 8, St., 774-5.) The new freemen necessarily became a part of the people, and the peo le still constituted the State, for States, lixe individuals, retain their identity, thouga changed, to some extent, in their constituent. elements, and it was the State, thus constitured, which was now entitled to the beneft of the constl- tutional guaranty. There being, then, no government in Texas In con- stitutional relavions with the Union, it became the duty of the United Staies to provide for the restoration of such @ govern. ment; but the restoration of the’ government which existed before the rebellion, _ withou @ new election of officers was obvigusly impossibie; and before any such election could be property held it was necessary that the old constitution saould re- celve such amendments as would conform its provi- sions to the new conditions created by emancipa- tion, and aiford adequate security to the people of the State. In the exercise of the power conferred by the guaranty clause, as m the exercise of every other constitutional power, a discretion im the choice of means is necessarily allowed. It is essential only that the means must be necessary and proper for carrying into execution the power conferred through the restoration of the State to its constitu. onal relations, under a republican form of govern- ment, and that no acts be done and no authority exerted which is either prohibited or unsactioned vy the cons :ituuon, it is not important to review as length the mea- sures which have been taken under this power by the executive and legisiative departments o1 the national governme: It is propor, nowever, to ob- serve that almost Ghmediately after the cessation of organized hostilities, and while che war yet smoul- dered in Texas, the President of the United States issued his proclamation appointing a provisional governor for the State and providing for the assembling of & convention, with a view Lo the re- establishment of a republican governmont under an amended constitution, and to the restoration of tne State to her proper constitutional relations. A con- vention was accordingly assembled, the constitution amended, electious held and a State government ac- knowledging its obligations to the Union established. Whether the action then taken was in all respects warranted by the constitution it 1s not now neces- sary to determine. The power exercised by the President was supposed, doubtless, to be derived from his constitutional functions as Commander-in- Chief; and so long aa the war continued it cannot be denied that he might institute icra pear goverament within insurgent districts occupied by national forces, or take measures in any Stace for tne restoraviona of State governments faithful to the Union, employing, however, in such efforts ouly such means and agenis as were authorized by constitutional laws. But the power to carry into effect the clause of guaranty is primarily @ legislative power and resides in Con- gress. “Under the fourth article of the constitusoa It rests witi Congress to decide what goverament is the established one In a State, for as the United States guarantees to’each State a repubiicaa govern- ment, Congress must necessarily decide what government is established in the» State be- fore it can determine whether it is repub- lican or not.’” ‘this the lunguage of the late Uhief Justice, speaking for this court in a case from Ruode Istand—(Luther va. Bordea, 7 How. 42)—arising from the organization of oppusiag gov- ernments in that State, and we thiuk that the pria- ciple sanctioned by it may be appiled with even more propriety to the cas3 of a State deprived of all rightful governmeat by revolutionary violence, though necessarily limited to cases where the rigat ful government is thus overthrowu or m1 imminent danger of beiag overihrowa by an opposing govera- ment set up by forces within the State. The action of the Presideat must, therefore, ba considered @s provisional, and in that luzit it seems to have beea regarded by Congress, It was taken afier the term of the Thirty-eigath Congress had expired. The Tuuiriy-ninth Congress, wich assembied mm December, 1863, followed by tae FPorueth Congress, which met in March, 1867, pro- ceeded, after iong deliberauioa, to adopt varivas measures for reorganization and restcration, These measures Were embodied in proposed amendments to the constitution, and in the acts known as the reconstruction acts, waica have been 80 far carried into effect that a majority of the States, which were engaged in the rebeuion have been restored to” their constitutional relations, under forms of government adjudged to be republican oy Congress = through the, admission of their Senators ani Representatives imto the couaells of the Union, Nothing in the case before us requires the court to pronoance judgment apon the constitutionaiity of any particular provision of t ts. tant to observe that that the governments waich had been established and had been in actual operation, under Executive direction, were recog: nized by Congress a5 provisional, as existing and a capabie of continuance. By the act of March 2, 1867 (United States Statutes, 425), the first of the series, these goveruments were, tadeed, pronouuced wiezal, and were subjected to military control, aad were declared to be provisional only, and by the supplemeatary act of July 19, 1367, t third of the series, 1! was further declarod that 1! was the true Intent and meaning of the act of March 2 that the nments then existing were not legal State woveraments, and if continued were to be continued suljecc to the military commanders ot the reapective ajstricts and to the paramount authority ot Con- gress. We do not inguwire here into the constitu- tonality oF this legislation, 30 far as tt relates to military authority or to the paramouat authority of Congress, It sultices to say that the terms of ‘the acts necessarily tinply recoguition of actually exist. ing governments, aud that, in point of fact, the gov- eraments thus recognized, in some taportant re- spects, still exist. ” What bas thus deen said generally describes with sufficient accuracy tue situation of Texas. A pro- visional governor of the State was appointed by the Preastdeat in 1265; In 1866 a governor Was elected by the people under the constiution of that year; ata subsequent date a governor Was appointed by the commander of the district. Each of the three exercised executive functions and actually regre- seated the State in the Executive Department. In the case before us each bas given his sanction to the prosecution of the suit, aad we fod no difl- cuity without Investigating the legal title of either to the executive office ia holding that the sanction thus given suMciently warranted tue action of the solicitor and couns*l in benailf of the State. The necessary conciasion is that bhe suit was insti- tuted and is prosecuted by competent autuority, The question of jurisdiction being thus disposed of we proceed to the consideration of the merits, as presented by the pleadings and the evidence, the first question to be answered is whether or not the title of {he State to the bonds in controveray was divested by the contract of the mtiitary board with White and Chtids. That the bonds were the property of the State of Texas on the 1th of Jan- uary, 1862, when the act prouibning auenation with- out the endorsement of the Governor was repealed, admits of no question and is not denied. They came into her possession 48d ownership througi public acts of the general government and of (ue State, which gave notice to ail the world of the transaction consummated by them, aud we think it clear that if a State by @ public act of her Legisiature imposes restrictions upon all alfenation of her property, that y person who takes a transfer of such prop. inust be held affected by notice of m Alienation in (isi rd of such restrictions can convey no ticle. In this case, however, it is said tuat the restriction Imposed by the act of 1861 was d by the act of 186%, and thus is troe if the act das valid, But, was it valia? ature of Texas, at the time of the repeal, constituted one of the departments or a State gov- shed 1n tity to the constiation u ints. A the diMiculty of the been declared ished erty th States, apnot be regarded, there- in the courts of the United States as a lawful Legiviavure, or It acta as lawful acts. And yet it is @ historical fact that the governs mént of ‘Texas, then in full control of the tate, Was ity only actual government; an yf Lexas had been a sey of the United States, the ne log displaced th establisued itself in the enstor seats of and in the exercises of th ry functions of adininistrath wd hav maatituted, tg the strictest sen e wouds, a de facto rntwent, and his acts ¢luring jhe poriod of its existence as such would be effeccual and aluoat in all respecis valid, and to some extent this is true of the actual government of Texas, though wulawrul and revolu tionary as to the United states It is NOt necessary to avtelnptany 6 within which the act of such a Stal Toust be treated as valid or Invalid. perhaps with suflicie to peace and exainple, as aces nd protecting muar- riage and the domestic ua, governing the courde of desvents, regulating the conveyance and transfer of property, real wud personal, and provide ing remedies for injuries to person and estate, and other similar acts, Which would be valid if emanate et definitions t jations imposed new duties upon the United States, ‘Thé first was that of suppressing the reveilion. The next was that of re-establishing the broken relations of the State with the Union. The tirst of these duties having been performed, the next necessarily the attention of the nationa: government, The authority for the per- formance of the first had been foand in the power to suppress insurrection and carry on war; for the ddd mypeed of the second jh Mh derived rom the obigation of the United Stal to gneran- tee to every State in the Union a republican of govern ment. ter, indeed, in the case of # Tebellion, which involves the government of a State, | and for ihe time excludes the national wathority ing from & lawiul government—tmust ve regarded in general as vaud, When proceeding trom an taal, though unlawful govecnm and that acté io - furtherance or support _ of reveilion agaiust the United States, or intended to defeat the Just rights of citizens, and other acts of like nature, must, in general, be regarded as invalid and void. What, then, tried by these general teats, was the character of the contract of the iilitary board with White & Childs’ That board, as we have seen, Was organized not for the defenc States against a foreign invasion, or for i tion against domestic violence, within the meanin of these words as used lo the national constitution: bit for the purpose, wader Whe name of de fence, of levying war aga States. This purpose was undoubtedly unlaw- ful, for the acts which it contemplated aro, within the express definition of the Constitution, treasonable. Itis true that the military board was subsequent y reorganized. It consisted taereafter or the Governor and two other members, appototed and removabie by him, aud was, therefore, entirely subordinate to executive coatrol, Its general object remained without change, but its powers were “ex- tended to the control of all public works and soup. ies, and@ to the aid of producing within the S! yy the importation of ogra necessary and proper for such aid.” And it was insisted, in argument on behaif of some of the defend- ants, that the contract with White & Chiles bei for the purchase of cotton cards and medicines, was not a contract wm aid of the re- bellion, but for obtaining goods capable of a use entirely legitimate and innocent, and, therefore, that payment for those goods by the transier of any pro- perty of the State was not unlawful. We cannot adopt this view. Without enteril this time upon the inquiry whether any contra: by sucha be sustained, we are obi! to say that the enlarged wers of the board Super. to ua to have been conferred in furtherance of its main pur- ose, of war against the United Statea, and hat the contract under consideration, even if made in the execution of these*eniarged powers, was still a contract in ald of the rebellion and there- fore veld. And we cannot shut our eyes to the evi- dence which proves that the act of repeal was in- tended to aid rebellion by facilitating Lhe transfer of these bonds. It was sup| , doubtless, that the negotiation of them would be less diMcult uw they bore upon their face no direct evidence of having come from the poasession of any insurgent State government. We cin give no effect, therefore, to this repealing act, It lo‘lows that the title of the State was not divested by the act of the insurgent government in entering into this contract. But tt was insisted further in benalf of those de- Tendants, who claim certain of these bonds by pur- chase or a8 collateral security, however unlawful may have been the means by which White & Childs obtained jon of the bonds, they are innocent holders, without notice, and entitled to protection as such under the rules which apply to securities which pass by delivery. These rules were Tally discussed in Murray vs. Lardner (2 Wail., 118). We held in that case that the purchase of coupon bouds before due, without notice and in good faith, 13 unaffected by want of title in the seller, and that the oarden of proof in respect to notice and want of good faith is on the claimant of the bonds as against the purchaser. We are entirely satisfied with this doctrine. Does the State then show affirmative notice to these defendants of want of title to the bonds in White & Childs? It woald be diMcalt to give a negative answer to this question, if there were no other prools than the leg- isiative acts of Texas, But there is much other evidence of notice. The rulea to which we have adverted have never been appilea to macured obligations. Purciaases of notes, or bonds past due, take nothing but the actual right and title of the venders. (Brown vs. Davis, 37, 80; Goodman vs. Symonds, 20, How., 363.) ‘The bonds in guestion were dated January 1, 1851, and were redeemable after the 3st of December, 1884, In strictness, it is true, they were not payable on the day when they became redeemablo; but the known usage of the United States, to pay all bonds as soon as the right of pay- mené accrues, except where a distinction between redeemabiltty and Parents iy made by law and shown 0a the face of the bonds, requires the appli- cation of the rule respecting over due obligations to bouds of the United States, which have become re- deemable and in respect to which no such distinc- tion has been made. Now all the bonds in controversy had become re- deemabie before the date of the contract with Waite & Chiles, and all bonds of the same issue which have the endorsement of a Governor of Texas made before the date of the secession ordinance, and there were no others endorsed by any governor, had been paid in coin on presentation at the Treas- ury Department; waile oa the contrary, all applica- tions for the payment of bonds witaout the required eudorsement, and of coupoas detacied from such bonds, made to that department had been denied, AS & necessary consequence, tie negotiation ot these bofds became difficult, They sold much below the rates they would have cominanded had the title to them been unqguesitoned. They were bougit in fact, and, under the circumstances, could oaly fave been ht, upon sveculation. ‘The pur- chasers took the risk of @ bad title hoping, doubt- less, that through the action of the natioual govern- meator tae government of Texas it might be con- verted into a good one. And tt 1s true that the iirst provisional Governor of Yexas encouraged tne ex- pectauion that these bonds would be ultimately paid to the holders. But he was not authorized to make any engagement in behalf of the State, and, in fact, made none, it is true, also, that the ‘Treasury Department, imiutnced,’ —per- baps, by these representations, departed — to some extent from its original rule, and paid bonds held by some of the defendants without the requisite endors3meat. But it 13 clear taas vis enange in the action of the department could not allect the rights of Texas a4 a State of the Union, having a government acknowledging her obligations to the national constitution. Itis impossible, upoa this evidence, to hold the deiendauts, protecte! by absence of notice of the Want of title im White & Childs, As these persons acquired no right to payinent of these bonds as against the Stace, purcaasera could acquire none, through them, On the whole case, therefore, our conciusion is thatthe State of Xas is entitled to the reef sougit oy her bill, and @ decree must be made aceordiagly. Associate Jusice Grier dissented as to the jurisdie. on and merits of the cause, holding that Texas is not a State in the Union tn point of iact, and there- fore could not bring # sui in this court apy more tuan could the District of Columpia. Assoctate Jus- Uces Swayne and Muler dissented as to the question of jurisdiction only. The MorCadle Case—The Appeal Dismissed for Want of JurisdictionGeneral Fremont’s Contracts in the Department of Missouri— The Case of tho Steamboat Belfast—Cotton Speculations in Louisin: During the Re- beilionThe Case of Rosenberg Dismissed. WASHINGTON, April 12, 1869, ‘ourt of the United States to-day disposed of the case of William H. McCardie, the Mis- sissippi, editor », it will be recollected, was arrested, tried and sentenced to imprisonment by the military authorities several years ago on the charge of writing and publishing sedi- tious articles in his newspaper. He had appealed from the Circuit Court of the United Statea for the Southern district of Mississippi, which had denied the writ of habeas corpus. Chief Justice Chase de- livered the opinion of the court dismissing the ap- peal for want of ju sine ‘The cases of the United States, appellants, vs. Al- bert L. Mowry, Samuel J. Morgan, Jonathan P. Bur- von, Olver L roy and Benjamin Higdon, were appeals from the Court of Claims. The facts are briefly these:—In 1861 the parties abovenamed sev- erally supplied the Dep&rtinent of the Missouri wih mortar and tug boats, ratiroad cara, horses, Ac. ‘The Supreme General Fremont was at tiat time m com. mand of the department aad McKinstry was acting a3 quartermaster. fae onarze of fraad having been raised the Secretary of War suspeaded the con- tracts, and a board, under resolution of Congress, was appointed to tavestigate the claims. The parties submitied their claims to the board, which awarded certain amounts, for which they receipted under protest, ‘They afterwards severally brought suit in the Court of Claims, which allowed them the remainder of the money claimed under the contracts, The Supreme Court hoid that these parties having voluntarily come before the board and receipted the sutns allowed were stopped from -furtuer claims. It was not designed by the government that the proceedings should be commenced in one tribunal and ended in another For these and other reasons the court dag Nel- fon delivering opinion) reversed the decree of the Court of Claims, and remanded the causes, with directions to enter a decree dismissing the petitions, In the case of the steamboat Belfast, B. ©. Nelson etal, claimants in erro, vs. Boon & Company et al., in error to the Supreme Court of the State of Ala- bama, Justice Clifford delivered the opinion of the court, reversing the decree of the court below with costs, and remanding the cause with directions to dismiss the libel. Tae case involved claims for cotton lost in transportation, and which had been insured by the owners, The Court held, as against the court below, that the fe leral jurisdiction ta ma- rine and admiralty cases extends from the sea as far up rivers as they are navigable, irrespective of tide waters, In the case of Joase Riddeshar; error, va The Hartford ] f ir, platntiff in » Company, in States for the ice Ficid delivered th ag the Judgument of said error to the Ulreult Oow District of Miss opinion of the © Crreult Court, With cosis, in the case of K. F. Hall et al. ys. George Oappell, In error to tho Cireutt Court of the United States for the Bastern district of Loulsi- ana, Justice Swayne delivered the opinion of the court reversing the judgiment of that court win costa, and rem wding tie cause for further proceed. ings in conformity to the opinion of this court. Cer. tain cotton transactions Were Invoived in this case tin which the British Consul at New Orleans bore a part, The occurences were in 156% ‘The cotton was within the rebel lines. It is held that the Consut could not protect ft by his oficial character, and th @ consul ghgaged ip trade has no more rigats tn business: during war than a c.lizen of the Unwed = States, The President issued his proclamation making @xception# a% to parts of Louisiaga, and Congress passed a& law rela. tive to rebel property, and the Secretary of the ‘Treasury issued tnatructions pursuant to the stature. ‘The military authorities could make no reguiauons nor grant any permits trary to ther tracts invotved im the case before tn therefore void. - The United States, plaintiffs, va. Benjamin It berg, certificate of division of opinion betwee. Judges of the Cirouit Court of the United States for the Southern district of New York. Mr. Cuier dua tice Chage delivered the opinion of the court dis. missing Vals case for want of juriwmdiciion., Theeourt then adjourned nntil Taursduy. jaintit in error, Frery-THRee NOMINATIONS for various offices not baying been contirmed by the Senate previous w Adjournment, Hew numes must be sent for the oiices or thoge previously sent in be renominated, All of the New York city and Brooklyn internal revenue nominations, and those of ©. W. Bavoock, to be Sur: veyor General for Kansas, and A. KR. Calhoun, to be Peasion Agent at Philadelphia, not having been con- firmed, expired with the adjournment, Washington Anteligence?, April \% inat the Unitea j fought battles and won victor EUROPE. ENGLAND. British Preatment of Fenian Prisoners. Lonpon, March 27, 1569. A man need not be very old, nor need he be blessed with a very retentive memory, to recollect the civil war in America and how we English used to criticise all that the federals did respecting their prisoners of war, For four years our newspapers, fed by the ex- traordinary (and nine times out of ten false) storics of their special correspondents in the States, kept up & never-ending, eversbeginning source of irrita- tion to an honorable and sensitive people by at- vempting to teach the Northerners what they ought and what they ought not to do with thar Copfeder- ate prisoners. And when the war was at an end they made matters atill worse. “Way don't you liber- ate all those Southerners you have in captivity—why don’t you let them go back at once to their homes?!” was the continual cry of the English press, always excepting the Daily News, the Siar and a few other journals.. Well, the federals did liberate the great mass of the rank and file, but kept for a time a few of the leaders in an honorable, easy captivity. One by one even these were, and very speedily, too, after the war was over, set free, until Jeff Davis alone re- mained a prisoner—but a prisoner who was as well treated in his place of detention as he could have been in his own house, and his imprisonmeut, as we all know, was purely nominal. But this was not enough for a people and a press like ours, who seem tothink that their “mission” tn this world is to teach mankind in general, and America in particular, how to do their duty in life, And so a continual cry was sent up in England that it was a sin, and a shame and a national disgrace for America to keep the ex-President of the Oonfederate rebellion any longer in captivily, And even now, that JefY Davis himself is no longer even nominally “behind the bara,” not a week—hardly a day—passes without some ono or other, even of the better class—ah, and of the “liberal” tn politics—of newspapers grumbling and thundering about what the Americans ought to have done with their prison- ers, what they did not do, and so forth. Now, if ever there was a rebellion that was utterly unjustifiable; if ever there was one that had for its chief object the maintenance of a devilish institution which had been left as a legacy by Britain to the States; if ever there was a revolution that was dap- gerous and whici would have justified even the ut- most severity, by way of caution for the future, to- wards those who had taken part in it, it was the late civil war in America, Compare it for a moment with the Fenlan movement in Ireland. If eve men were justified in taking arms in their hand: if ever those whg rebelled against a goverament showed courage, singleness of purpose and devotion to their cause; if ever men cast their lives upon the hazard of a die, and, like the martyrs of old, deter mined to preach their iaith by their deaths, in order that others might see and believe and follow in their litical footsteps, it was the.Irish Fenian leaders. Mod I wiil say more, If ever there was a gover! ment that could afford and that ought to let bygones be bygones, to forgive and forget the past and con- ciate by mercy and amnesty what retains of the anti-English feeling in Ireland, 1 18 the British gov- ernment of the present or 1 am not an Irishman, nor had I any sympathy with the Fenian movement assuch. But 1 can feel how Irishmen that were not Orangemen must have felt when there wa3 a hope— a chance, however small—or compeiling England to do justice to the sister isle, More than this, my loy- alty towards the Englisa government does not pre- vent me remembering with bitter shame how the Fenian prisouers have been treated since they were captured. For, when all is satd and done, what were, what are these Feaians but political prisoners Even their enemies never accused them of plunder, of any wanton outrage, or of causing blood vo tow to one- halt the extent that every band of revolutioniats on the Continent of Kurope has done. Compared with those who have overset, or tried to overset, govern- ments in France, Italy, Germany and other coun- tries, the Fenian Irish were as innocent children, But they have been herded with the very scum of society, and made to work in gangs with murderers, housebreakers and the very worat of our very bad habitual criminals. Many, I may say most, of the Fenian prisoners are educated menu. Some held re- sponsible comman@® in your army during the war. But they have endured for three long years a punish- ment far worse than death itself, living and moving with companions such as the devil alone cou'd have provided. fo do Mr. Gladstone, Mr. Bright and others, but nct all now in the Ministry, justice, they desermined in their own minds that the Feniaus had sulfered long enough, and that the best way to make Ireland forget the past was to liberate a portion of these prisoners, and, sould they not abuse the favors granted them, to release at some subsequent period the others, You will hardly believe that the press has set up a how! of indignation agaist this imea- sure, and that even the mercy extended to the thirty or torty Fenians who have come forth from penal servitude bas been greatly and very ioudiy blamed. Of course on reading this you will at once imagine that the Tory, or the Irish Orange papers, have taken up this ery. l wish for the honor of English jour- nalista that no other journals had done so, bus it 1s not so, The liberal Temes and the liberal all Mal! Gazette, both organs of the higher classes, are fore- most tn this cry. They blame the government most , even for the smail modicum of mercy 1¢ has shown, and declaim m no measured terms against any more steps in the same direction. ‘Their reason—if reason it can be called—is becau among the thirty or forty Fenians tuat,have been liberated two or three of the more hot-headed on have since their hberation uttered speeches which were full of “tail talk” respecting the future of Ire- Jand, and certainly not complimentary towards the Brivish government, But can we wonder at thst Is it surprising tuat men—gentlemen many of them by birth and education—who know how much the English press and the English people sympathize with rebellion ail over the world should feel ag- grieved ay having passed two years among the worst outcasts of the world of crime? Did Louis Napoieon, did King Bomba, did the Pope, did tie ‘mperor of Ausiria ever subject their poudtical pri- sopers to pena servitude and couple them with murderers, garroters, housebreakers and the like? The Pall Mall Gazette, in an article upon this subject which appeared the nignt beiore last) (and which is calculated to do an immense deal of harm by setting many of the unthinking upper classes in England— avery numerous Ciass, I am sorry to say—against Ireland, and the Irish against tae Englisa governing classes), says: The Irish peasantry aro by no means as yet in such astate of mind that Ic is safe Lo give them to understand that rebellion iva fino-spirived proceeding which the goverament ix half as) dand half afraid to treat asa serious crime, If we were well on the other side of @ serivus rebellion, if we had ich bad thoroughly broken the heck of disaifection at home and des:royed the hopes of the Irish im America, it would be very different; but ax mat- tora stand the enemy’ who has ber x defented Is the defeat which he has received is #0 triting, nm made upon the ceeded the hostility of which be was the pretence of treating ich he represents is a hollow one, and i# a more mask for our fear of dangers which it Would be more maaly,to confront with pet avowal that they areserious and aiuit be met in a ser piri Now, if the above extract means anything It means that England has wronged Ireland; that Ire- land has yet Le dod in her own hands to avenge these wrongs, and tiat a3 we fear her, #0 we will be, and are justified in boing, unjust towards her. { may be wrong, but coming trom the quarter this kind of manifest does, and sprang a¢ it has from more than ong s0-calied liberal ‘source, at one and tne same time, | look upon this doctrine a more fatal Co Irish tranquillity than all the vaporings of the Orange party. The writer of such an arucle on a in his heart be & well-wisher to irish discon. puis SPAIN. Conscription Trowbles—Attempted Dire terbance by Bourbon Agents. MADRID, March 39, 1869. The Cortes has been engaged on @ bill calling out 25,000 men as this year’s quota for the standing army, and it has been discovered that the princtples involved in the act have a deep interest to all Spain. In the urgent need of the government for men it has been compelled to adopt the specdiest course to obtain them, and that is by the odious mode of conseription. If there is any system = thor- oughly detested by the musses it is that of drawing soldiers by lot. Any impost but tis one of blood i# endurable, and tt was supposed to be one of the great results obtained by the revolution that it was forever abolished, Spain must have an army, and men must be found one way or another to fil its ranks, and it makes but little diference how they are obtained. The people protest against the odioms system of consortption, #0 unequal and unfair; bat the governinent says it mint be enforced this time; that next year something better will be devised to lighten the burden, If is the most dan- gerous policy that the government could adopt, and if it 19 carried out without very general disturt- ances and outbreaks it will be strange enougi. The people are bitteriv opposed to tt, as Is natural, and there are not wanting politicians of all parties to incite them to an armed resistance to tio detested outrage on their personal rights. The republicans have been exceedingly active in promoting public meetings im all the towns of Spain to protest against the “plood tax,” and by this means the poople are thoroughly awakened to the danger that threat ens them, and have done all In their power by moans Of polluions to the Cortes against the act to promote 4 execution, ‘The powertal oppositionjorganined . The ‘by the republicans to resist by peaceful and egal means tho passage of the bil! in the Cortes will be acised and used by the reactionists in maay plavea, it 1s feared, in a hostile manner. Already the mect- ings are addressed by ageals of the Bourbons, wio advocate resistance to the enforcement of the cou- scription, All they want is to get up a series of in- surrections in various parts of Spain and then truss to the future for sometning better to turn up in their belalf; and theretn is the danger ¢o the government if it attempts to carry out the unpopular act. I saw tmyseif the other oa ex: w the Neos work. Fortunately. the turbulent rascata that followed the cunning and bold leagers had not the nerve to carry out their plans in the face of a small band of poiice- men, eis¢ we might have seen the Cortes kicked out Of iis Palacio. ‘ 4 pubis rapsting o women hey ryr ereapined yy the republicans rotest aga e comscrip- tion bill, There were Moveral Wiunared women, of the lower order, well dressed and well behaved, who assembled at the monument o1 Dos de Mayo—a favorite rendezvous for liberty-loving —and listened to a few speeches of young students, who did not weigh their words when chey spoke inst the odious coascription. Yet no excitement of a serious character was occasioned by the young, hot- ueaded orators who talkea resisi revolution and I know not what all. The women formed in @ roceasion after the s)eeches were over, and, with ners bearing the inscription of los ge nas. marched up the principal streets of the city and found their way the Palacio de ios Cortes, where the sovereign representatives of the assembled. Of course the singular spectacle of a body of women, marching sions with banners and music, did not fai: to attr: general attention, and many people out of pure cu- riostty joined the procession or accompanied it to see What was to be done by che matrons of Madrid. So it happened that about the front of the Cortes there had gathored a large number of people, where the procession had drawn up and prepared to cen- clude its mission, With a directness of intention that rather bothered the President of the C the women sent word into the Cortes that they had ar- rived in front of the Cortes and desired to enter, in order to present petiuons inst the uct of con- scription in person. Not doubting. that the re- quest would be granted the head of the pro- cession, with @ profuse supply of banner ascended the grand steps the capitol an halted in front’ of the huge bronze doors that are never opened except on great State occa- sions. A deputation had been sent in to the Prest- dent to notify him and the Cortes of their presence and to request permissision to enter en masse, Setior Rivero, with little tack and with a great deal of feeling, said that was not the way to ition the Cortes; that they could not enter, and that ail had better go home, The sovereign, matrona did not fancy this kind of talk, and Ge returned to their friends, feeling that they nad been unnecessarily aggrieved and slighted. Having tried soft words on the sovereign Cortes, the matrons with their noisy male assistants adopted another course, and began to knock upon the grand old bronze doora, until they sounded like huge drums. The doors were not opened, notwithstanding the thundering knocks they, the matrons, showered uponthem. ‘Then the peopis egan to say, ‘‘We are sovereign; why can’t we en- ter the Cortes? what kind of equality is this?” &o. ‘There was an increasin; erin against the Cortes for the slight, as the: fag ed it, which it had put upon them. At this time tae Neos slipped in and began to advise the crowd to jorce vheir way into the Cortes, and if it did not promise to abolish the quintas, to turn out the whole lot of deputies, head over heels, ‘The excitement was growing more general and the numbers of men who appeare! on the scene for other motives than that of Gard oecame suspiciously large. Meanwaule, the autho ties were not idle, A siall detachment of volun- teers marchea down to the Calle de Fiorida Bianca and took position near the principal entrance for Deputies, The police werg soon on hand in pretty good force, but they did not seom to possess any organization or have any leaders. ‘fhe Governor of the province, the alcaldes und other oiicers of civil authority were preseni, wildly Nourishing their gold-headed canes, emblems of au- thority, and urging the people to disperse and not ereate a disturbance. Geueral Prim ordered all the regular troops to bo kept in their barracks, ready for any emergency. ‘There was a great excitement in the Cortes, and many feared that a popular movement would upse} the whole institution. Finaliy, in ¢ius gloomy state of attairs, three or four republican orators sallied ous of the Cortes and addressed the immense crowd from the gt ie assuring the people tliat every means would be adopted to prevent @ conscription, that their presence wat a menace to the Cortes, which could not be endured, aad that they ougnt to quietiy dusperse and go home before the peace was broken. che great majority of the crowd was well dispused and began to move off, bat taere were a@ couple of knots of men, nut more thaa thirty ineach. led by well-dressed men, who were exceedingly demonstrative, raising the cry of “Let us force our wey into the Cortes.” ‘The people did net exhibit any inclination to follow; but the two bands uniting made @ Vigorous eifort to push their way to the ordinary entrance. They were met by the police and all the magistrates, and a tremendous crowding and pushing est begau. No blows were struck, but @ great of very strong language was used. Vor ten or fifteen minutes this contest went on, No arrests were made for some time; but fnally the ringleaders were singied out and arrested and seve- ral carried off. Fortunately the great mass of the crowd gave no assistance to (hese turbulent and vil-minded gangs, but rematued in the Calle st. ‘erenimo and in front of the Cortes, quiet and weil behaved. So the game was defeated and resulted iu nothing. .Had the great mass of the people fol- lowed benind these agitators the sheer weight of the crowd would have broken dowa all opposition, and perhaps the Cortes would hav been invaded and something serious done. Fortunately, this did not occur, sand event passed of without damage to any one, It produced a sensation, at ali events, both m- side and outside the Cortes, It was rather curious to see all the parties of the Cortes armed with muskets, but the time was exceptional, At night fall the crowd had dispersed, though it was feared that some outbreak might occur, Ali the Nauonal Guards were ordered under arms, the regular troops were held in readiness, and tue streets were patrolled by cavalry and guardia civil. ‘The ringleaders in the disturbance are known to be friends of the Bourbon cause, and they will ba proceeded against for breachof the peace, Vine amair clearly shows that some of these days a weil intentioued crowd may be induced by designing leaders to do something which will occasion regret. For this reason these popular demonstrations pac- tucolariy in Madrid, where tie Congress of tne na- tion is in session, are highly dangerous and wil probably be stopped in the future. The Cortes can- not act freely if the members are ia fear of popular violen Such @ state of things would not be ajlowed anywhere, much less ia Spain, in these hot revolutionary umes. AUSTRIA. The Hangarian Elections—The Discontent in Roumania and the Presv—The Emperors Trip. and ReceptionPress Prosecutions ¢ Be Tried by Jury—Importaut War Measures. VIENNA, March 21, 1869. During the present month the Hungarian.elections have been taking place. Up to yesterday about four- sevenths of the whole number of 409 deputies had been elected. The result gives 137 to the Deak party, seventy tothe moderate left and thirty-eight to the extreme left. The moderate left has won six seats ona balance of account, and the extreme left, which was only represented by twenty-three members In the last Diet, has already won twelve seats. On the one hand, therefore, the Deak party romain masters of the field, but they have altogether lost that two- thirds majority in which they formeriy rejoiced. ‘The additional strength gained by the revolutionary party in thb Diet, the party, namely, which would break up the Austro-Iungarian empire entirely, ts a fact which the friends of the settlement of 1467 cannot deny. Moreover, the Deak party loses man) of ita ornaments. Although most of the Ministera ave already been re-elected, the ministerial party tas already lost the following leaders:—Kerkapolyt, Paul Somasicn, Anton Zichy, George and Caongery, all doughty champions of the ministerial arty who have saccuinbed in the electoral strife. Doak himself is sure of his election in Pesth, and the able Minister of Education carried the day easily in Ofen, but Finance Minister Toad @ hard fight for his seat at Presburg and only boat Ms oppo- nent by some fifty votes, Daniel Iranyl, the friena and prota Kossuth, has been returned for the town of Puntkirchen (/. ¢., Five Churches), and tt has been observed that in the cathedral towns or those towns which are the seats of a bishop's or archbishop’s see, tie revolutionary partfihave won ther greatest triumphs. The Roumans of Transyl- vania and the southeastern portion of Hangar; have refused to take any part In the electoral conves' on grounds explained by me tn a former letter, The Roumans are par ercetience the discontented nationality of Hungary, as the Bohemians ate of Weat Austria; and as the political organs of the latter are proseouted out of existence by the West Austrian government 80 It appears are to be thowe of the jormer by the Hungarian government. The editor of the Pederatinnea, one Alexender Roman name, who published in Pesth @ political sheet in the Rou. man tongue, has been sentenced by & Peath court of justice to one year’s Imprisonment and 600 florins iine for publishing @ certain pronunctamiento ot caucua of Rouman politicians, called the Blasendort piatform, In Hungary press offences are tried by Jury, but a Rouman editor has abowt as much chan before a Pesth jury as an Irish nationalist edisor would have before & London one, Francis Joseph returned to Vienna yesterday from his Croatian and Istrian tour. Ho Visited Finme; Pola and Trieste, and complimented the Austri navy and the Austrian shipoutldera, He =) Pola, Witnessed experiments in gunnery on boald a Aoating battery and exercises tu torpedo exploding wenerally. In Finme he spoxe Hungarian specches and in the other two ports mentioned above Italian ones. At Fiume Osman Pacha, the Governor of Bos- nin, came to pay his respects to Francis Joseph and to greet him in the name of the Sultan to ‘Tries. General della Rocca came to do-asimilar errand in the name of the King of Italy, ‘On the 19th the bul passed Inst year by the West Austrian House of Deputies, and passed this year the upper house, for introd trials by jury io casey of prea prosecutions ul the royal sanc- tion. The ciass of persona who tt wilt most direoe =