The New York Herald Newspaper, November 28, 1869, Page 4

4 REPUBLICAN LEGISLATION. A POLITICAL RETROSPECT. The Past of Republicanism and the Future of Democracy. Municipal Government and the Rights of the Citizens. Wide Field of Operations for the Next Legislature. THE POLICY OF THE LEADERS. A brief review of the laws and acts passed by the successive repudilcan Legislaiures which have controled at Alvany since 1896 to ibs close of the legislative session of 1863-9 will be of particular interest to the citizens of New York at ts tme. The resuit of the State election held last Novyeraper bas taken the coairol Irow republi and placed tt once more in democratic hands. For the first time in many years the democrauc party goes to the legislative halis at Albany wiih the Colef Executive politicaliy allied to it and with working majorities in both chau bers, There is most unporiant work Defore it, owing principally to the obnoxious cen- traliziug iegisiation which ewanated from tae Cap:- tol at Alvaay for several years past, and which nas, Year by year, almost eutirely deprived the citizens of the Eiwpire Uity of teeir inauenable and chartered rights of seli-governwent, The people for & time in vain endeavored to stem the tide of legislatioa whica was obiiteratiag every vestige of teir privileses and prerogatives, and it Was only whea the danger spread and (nreatened to engalf politica: friends aa well as political foes that the ballot box was resorted to as a barrier to further encroachments, The people at the late elec- ton pronounced most emphaticaliy their condemaa- tion of the radiva: legisiavion under which they saw their most cherished rights and privileges wrested from them, and by their votes defeated the party that had with impunity so lopg harassed and op- Pressed them. The vemocracy, under the lead of able men aud statesuien, has now control of the three branches of the state goyerament—the execa- tive, the iegisiative and the judicial; and as many reforms are to be imauguratea gud a great deal of the obnoxious Jegisiation of the republicans Is to be repealed or amended, the attention of all classes of our citizens will be anxiously directed to the open: ing ineasures of the new Legislature in (he hope of seeing & ork before it well and wisely entered upon and carried out THE CHARTER OF 1330, Under the charter of 1830 the city of New York bad recouiirmed to it 1ts proper local government, and whic it had uninterruptediy enjoyed since the Granung of the cuarter to the city by James Il., dated Aprii 22, 1636. This original charter was sub- sequeatiy ratified and confirmed by tnat granted by Queen Anne, April), 170% The third charter ranted by the Britisn monarchs to New York was that granted by George IL, dated January 15, 1730, nd which is in reality the present organic law of the city. jt remaimea in full force in all its provi- sions, all the rigits, franchises, privileges and im- munities granted by it being Jaitnfully observed, ex- ercised and preserved till 1830, just 100 years, The charter of 1 following the words of the former charters, recttes that New York be and from henceforth forever hereaiter shal be and remain @ free city of itself, and that the Mayor, Alder- men and Commonalty of the said city, and their sue- cessors from henceforth forever shall be and remain one body corporate and politic in re sacto et nomin«, by tie Name of the Mayor, Aldermen and Commoualty of tue city of New York, and by that name they shall have pervetuat succession. “Tnat the said Common Couacil of the said city for the time being, or the major part of them have, may and shall have full power, authority and license to frame, cousitute, ordain, Make and establish from time to time, al! such laws, statuies, rights, ordinances and constitutions which to them or the greater part of them shali seem to be good, useful or necessary for the good rule aud government of the body corporate aforesaid.” This charter 1s very comprehensive in 118 various provisions, reciting at length and in pre- cise terms the rights, immunities and privileges to be enjoyed and exercisel by the mayors and commonaities of New York, in per- petual succession, The constitution of 1777 ratified and confirmed, though itt might be Said unnecessarily, all the previous chartered rights, grants, &c., Inagmnuch as it 18 a well deflned principie that chartered mghis once conterred upon @ people can never be taken from them without their consent. No attempt was ever male to alter, change or amend the charter of this city without first submitting the proposed amendments to the peopie until 1367, from which date commence tue legislative inroads and violatious of the charter, whica lave resulted im depriving the properly con- stituted autuorities of the ctty of ail control over their local adairs, and have hooded the city with comniissions and boards tat in their turn have usurped the whole vesied and chartered rights of the people. Thus we have commissioners of police and excise, Commissioners Of charities and correc- tion, Central Park and fire department, commis- Sioners of pilota and harbor comm? mers, Hailem bridge commissioners, commissioners for buliding @ new Court House, aud commissioners for laying out the city north of 156th street, com- missioners for the ere of anew market, com: missions for cleaning streets and for improving Broadway, boards of health, of assessors, of re vision and correction of assessMenta, of awards 4nd confirmation of contracts, &c, The whole city 4s governea by these boards appointed at Albany, and they are entirely independent of sud unac- countable to the people whose money they are empowered to squander. These State boards and commissions are radically wrong in principle, pernicious in practice, and would be sure to lead to the most deplorable result’ lad not the people so wisely, calmly and effectually intervened through the ballot box, not ouly to pat immediate stop to farther encroachments, but to provide the means for the entire repeal of all those obnoxious enact. ments and the complete restoration of all their rights and privileges in the government of the city, and of which they had been so long deprived. New York had always enjoyed perrect and omsplete local government; that is to say, the People elétved the Mayor, Aldermen and Common Counchi, to whom a the duties of governing the city were for the time being éntrusied. The Mayor Was the supreme officer of the city, exercising con- stant supervision over all expanditurge of funds and over all the guhirdinate omcers of thé munl olpality, “ow York under this charter, a# it wad ‘OM, the earliest times under the previous charters referred to, enjoyed all the rights, privileges and immunities of afree ana independent city. It had Its Governor, its Mayors an@ Legislature. The city government was periect in itsell; the people elected the heads of departments, and these were at al! Umes responsible to the people for their own acts Qnd the acts of their subordinates. LAWS RELATING TO THE POLICE DEPARTMENT. Under the law of 1844, chapter 315, the police force oonsisted of @ chief of police, captains, assistant captains and policemen, not to exceed eight hun- Cred men in all, They were appointed py the Mayor, Common Council and the assessors of the several Wards of the city. By the amended charter of 1849, chapter 187, seo- tions 10 and 20, a separate department was organized for police purposes, of which the Mayor of the city was the head. Tne Mayor had alsv the power to ap- point the chief of the force, by aud with the consent of ine Board of Ajderwen. ‘ POLICE LBAITLATION in i959, In 1863 @nother change was efected—Lawa of 1853, chapter 228—and the department underwent a Partial reorganization, This now aot provided for NEW YORK HERALD, SUNDAY, NOVE the appotntment by the Mayor of # chief of police, with tho approval of a board of commissioners con- sisting of the Mayor, Recorder and City Judge, and whom the act aforesaid coustitutod @ board for the “appointment of all policomen, and for the trial of the same.’ This new board was empowored to prescribe rules for the discipline and government of all police oM- cers, and of allmembers of the force, and for the trial of the same for breaches of lawlul orders and other violations of discipline, It was this new board that now, for the Mrst time, prescribed a dis- tructive uniform ‘for the poltes force of our city, previous vo which they were popularly known as tae “Leather Heads. This very neces- sary act was then deemed a great en- croachmens upon the free and independent democratic voters of Gotham who tn thuse days dergued to do police duty for a considerauon. Tue order raised a greater storm of indigaation than the late order of our owa Metropolitan Police Board en- Jouning our present knights of tua locust never to UypPear OX Lue sprees, ou or oT duty, except in tue uvery ol-hing Johu the small, of Muiberry street. tc was contetued by tae opponents to the order tuat the uct gave Do autuority iv Lie Board dictate bo tae locce wut taey sould Wear as members of suck lorce, aud the order Was resisted in Gue courts. A writ of protividioa (Oo carcy tue Orde? Ino effect was @pplied vor, and on the trial of the case Lue Supreme Court decided that the Board had the legal autuority tO vrescr.0e@ rules and regulavons for tne ellvient orvan.zation und discipline of the police fore, And Luen, sor tue first ume, the police went ine a sort of hybra unuora. ANOTHER CHANGE IN THE DEPARTMENT—MAYOR Wouv's “OLD FORCE” DISBANDED. The Police Department cuaynued uaier the con- fro! aad munugemenr of the aloresaid board tli 1857. iu tuat year, during Feruaudo Woou’s siuyoraity, the Opposition party Waving couwle aio power, aud lav- lug Coutroluag majorities in bot houses of ie Legisiature, made tne urst of a loug continued Serios Of LAVasivus Upod Lue CoNstiiutiva @ud Upon te wanicipal Pgs ol the peoyi» aud their legally Cuuslituted aushonties, Zhe iastrient of legisla Use usarpullon—the caariec, us 1b Was called, uf 1)di—Was passed Aprii id, i957, Mayor Wood, the Chief Magistrase of tne city, had bees elected in the previous Novewber for twWo years. Mis opposition co bile measures to be carried out was dreaded, aud 1 Was necessary to get rid of Lua. ‘ihe uew cuarter, among its other uncoustitutional euactiweuts, Moss wuceremouiousy abridge. Mr, Wood's ser of oulee, and provided thar @ new Mayor should be elected iu the fall of tie sae year (ioo]). “By tue same charter the Metropolitan Police Jaw was enacted, abolisiing the tien exisiiug law, which made tue, Mayor of the civy, Recorder aad city Judge three Police Comutssivuers—cue Mavor, in right of hia uilice, belug the ead of the Board, With Ue Usual Coutol, ue power ui apvolutweut @ud removal, however, being vested 1a the voard. By Us act (Laws of 1897, chapter oy) the present Metropolitan soice district was also furmed, cou- Sistiag of Lue couaLy Of New York, wae counties of Kings, Richmond aad Westcuesier. 1c will have been percesved tude up to this period the members ol (46 police Jorce Were appointed so.ely aud were euuirely controlled by tue local authorities of tue chy, Bub tius was ail at Onve changed by the Leg- isiabure in she very lrst hour of its tem porary triumpa, By this new act five commis- siouers Wee appoluted by the Governur, of whom tug Miayors of sew ork aod Brooklyu were to be memvers ex officio, the olicers of tue Board to be @ Piesiveut gud treasurer, selected {row the commis wlouers theuselves. Lue Chief “xecutive of the Stave (eu was Governor Kiug. The Governors @ppoiiees Were Suueon Draper, James W. Nye and Cousuissivper Bowen, To tais Board was conided Lue sove Butuority to appoint ai tue Maemouers Of the Police Llorce 01 every TauK and C.ass aud to prescrive aud ordinaaces jor tueir discipline and gul- ce. This usurpation upon the prerogatives of the people and their eiected authorities was bitterly Opposed, not only by tae democracy, but by their more muoderave und Conservative poutical autagonists— by ait, in fact, who beueved tu the at principies Ol decentralization, aud Wao recognized in tis act Lue Urst altemmpt on the pari Of an aued Logisiature to Wrest self-governueus irom tho hand of the people, Mayor Wood made a boid resistance. He would not submit to the tat of the Legislature, which he designated a gross vioation of the State constitution (1846), waich comerred upoa Lae iocal authorities Of every county in tue State the soie and exclusive right to appuint the olliciais of all Such cvuaniies. fe Constitution of 1946 Was adopted expressly vo take from tbe bands of the Governor the patronage of appointment aud to deprive tno of tue control waich he previously exercised as to the appolutment of saerits and corouers, Mayor Wood, to test (he cons.ituttonaiity of the coarter of 1so7, commenced an acuon, in the nature of a quo warrantw, against Simeon Draper, Presidenc of tae new Police Hoard, and the other Comulssionera Wao, 1a pursuance of the act, had been appointed #ucd Cogynissiouers. The case cawe up before the Su- preine Court, Special erm, wich gave judgment fur tue defendauts aad against Mr. Wood and tne people, and that judgment was subsequentiy aultued at General Term, The case was taken before the Court of Appeals and urgued by distinguished counsel on both sides, Mr. Charles O'Conur and Judge Edinonds for tue appellants, aod Mr. Willian M, Evarts, and Francis b. Cutting for the defendants, Mc, O’Uonor on tiis occasion made, perhaps, the greatest etjort of his professional jue In the Geience of the rignts of the people of his native city. ‘he Court, however, deciued in favor oi the gonstitutionality of thy act, Judge Denio, tien Chief Justice, delivertag the opinion of the court. ‘The opiaion opened up & new matter of very g@rave consideration, aud which was subsequentiy taken advantage of to jegauze ad diuonal encroach- meuls upon the constitution, THE UPINIUN OF THE COURT—POWER TO FORM NEW DISTRICTS. The substance of the oyinion was—That if the provisions of tue statute had been limited territori- wily to the city of New York tue act would have been {np couilict with the section of the constitution providing that all local officers showld be appoiptesd by the Jocal authorities or by the electors of that locality. That the Legisia- ture, however, might constitutionally establisn new Civil districts of the Stace, embracing tae whole or parts of counties, cities, towns or viliages. That for tae general purposes, permanent or temporary, of civil goverament providing, the districts organized by the constitution are nut abolished nor tueir capacity uppaired to subserve the purposes and acrangemicuts to which they are made instrumental in the constitutioa; and that the reservation con- talged in section 2 of arti¢ie 10 of the constitution of 1846, that the electors or the elected authorities lave the rigat to elect or appoint county, city, town and village ojiicera, relates only to such oif- cers as existed at the time tne constitution took etjeet, ‘Iuat the oMjcers appointed under the new act of 1857 were new'Uistrict oficers, and were not in existence at the ume of the adoption of the new constitution, and that therefore the appoint- ments ihereunder—the new Police Commissioners and the subordinaie appointments made by them— Were Jegai and valid. Mayor \Vood, duriag all the pendency of this liti- gation, meiutained bis own ground, kept together tue oid police force, and a lively time altogetier Was the consequence, collisions being of frequent occurreace boiween the oid and new force and tue rowdies of the city, Lead Kabvbus, Bloody Stxths, et id one genus of that day, Who, on Lhe Whole, sided with Priuce Fernando tye First and his “old force.) ENLARGING THB MEPROPOLITAN DISTRICT. In 1560 the repubiean Legisiature passed an atnendatory, act waich the towus of Newtown, Flushing and Jamaica, in the county of Queens, were Mhcudea in the Metropolitaa Police district, and the number of police commissioners was reduced to three, to be appointeu by the Governor, by and With the advice and consent of the senate. This fresh Inroad upon the State constituuon expelled from the board and from ali participation im the Acts of the commissioners the Mayors of Now York and Brooklyn, who could glone in any manner represent tue people of the lucaliies embraced WALLIN Lhe Gistricts Over Which the power of the com- missiouers extended. Thus the last recognized righs of the people to elect their own local officers Wish respect to the police force was wrested from them, aud the commissioners became the creations and creatures of the radical majority at Albany. CHANGE IN THE BOARD OF VOLICE COMMISSIONERS, In 1863 @ third act Was passed (laws of 186%, 41) by whicu the term of the oficials then constivut- ing the Board was vacated, and tour Comitasioners were appoited. Thomas U. Acton (republican), whose terin was to extend to Vctober 1, 1472; James ‘s. Bosworth (democrat), tern to March 10, 1870; J. G. Bergen (repubiican), term to March, 1368, and Willian McMurray (democrat), March, 18se, Horatio Seymour was at that time Governor, and ‘us change in the formation of the Board by tne act Of is63 Was she consequence of Seymour's usual vacating and compromising policy. The four Poe cee thus appointed, as stated, bene fepTiane ana two acmocrary, W9 cowprony ler being thas toe Kourd should ever thereaver remain as & balance of political power went, uupartisan. It Was further provided by tais act that tne omctal terin of each successively appointed commissioner, After che termination of ‘the several terms aforesaid, ‘ould be eight years, and the Legislature, if in see sion, Was, Within twenty daye before tie expiration, Of the several terms as specified tor eacu commin sioner, to appoint @ successor a Commissioner of tue Metropolitan Police Koard 1M the same manner Ge by law prescribed for the appomtment of Regents Of the University, by @ joint vallotof poth bouses, Whenever « vacancy occured while une Legisiature Was not la session the same was to be filied by the one om munonere, their appointee to hoid ofice UoUl suck tune only as the take action im che premises. descent ee THE POWERS OF THR BOAR The Police Commussigners are postoansd of almost despotic aba onimite powers over the lives and property Of bic citizens, and are responsible to no Ocul, If responsible to any authority for the exercise of their unrestricted powers. hven the command Of our locai iditia In times Of riot or disturbance of “uy Kind d Vested In them, the duly ang legally chosen representatives of the people tiaving no more right tq euploy it than have che people themselves, ‘Thus 1 wilt be percelved gih roeived gthat the appointin; power, Orst wrested by # usurpation from ‘he hands Of (he peopie and the jocal auinorities by the people ciected, to be transterred to the Governor and Senate, Was as unconstituuonally wreated from these two brancies on the State government and yested ty th hue rephbil W& this compromise Was one that the sequence of events has proved the jaliacy of. They reasoned that the rly might succeed in elect Governor by Maeahe of city majorition, but that ove throngh- le » vice so far out the State was ao evenly balanced and distributed that it would be imposible almost for the democrais to elect » partisan Le; ture. ‘The last election shows how Wofully they reckoned without tacit host, the Governor and both houses of Legislature, the whole macninery of the State, the law maki ad the law executing power being now tu the hands of vhe democrats, and they will most likely 13¢ it some- ‘What in the spirit of the old Scottish ralder:— That they shall take who have the power, And they May keep who can. es SPROIAL LEGISLATION. Special legislation reached its oltmax in 1363, placing as ti did every cment aad commis- sion eutirely aud completely beyond control or responsivity, =Thus was exhibited for the frst time the experiment of two tive bedies assuming equal powers over identical local mterests; of cre- auing independeat Coumissious, pot suyject to the coulrol or Bupernslon of either legiaiative body, aud giving &@ carte Uianeke to the creatures they pur in ower, but whom they could not check nor control iu the exercise Of their usurped funcuons, lowever Alogaily or despoticaily they comported themse.ved. THE BOAR) OF HEALTH. In 1866 (Laws of 1565, ogo. 74) the republican Legts- lature, fused with victory, inflicting deteat after defeat upon tasir democratic rivals, and having 00 tear of the reverses which have come upon tem, essuyed (resh encroacnments upon Lhe riguts of the citizens of New York. They next proceeded to create @ Metropolitau Santtary Board of Heaith, bav- Jug jurisdiction over the same tercitory as embraced within the Me ropo itaa Police districk. This board consisted of four persons, to be appul ted ey the Governor (Fenton re-elected). by and w' sue AdVive and consent of the Senate, and also a bealih Oulcer of the port of New York. ‘These tive ofliciala, 80 appoinied, togetuer with che Commissioners of Metropoliian Police, were to constituie a board of healtu, ‘the power cominittod by Unis act, aud sub- sequent amendatory acu, to the Loard of Health, were very exc.usive, but it is hardly necessary a brief article ike Unis to refer to them, except as Jocideutaily showing the almost unligated ly an alien ana hostils Legisiature, the iajority of the members oi Whom Were chosen from the senate and Asseobly districts o1 the State, aud one only inerested ip the advancement gud wel.are of their own petty afd circ uscribed localities, and for the attaimiment of this ob.ect, would sacrifice tae city of New York and every interest located therein, ‘This new act aboisned the old voard of health of this cliy and Brovklyn, and took away frow the Mayors of the two ciues aad the Common Counctis the power to pass health ordiuguces and conferred these powers on tho news commissioners, And It will be chug seen that by tise sweeping enactments aud others of # Kindred nature of a republican Leyistavure all the powers of seif-government, wihica by right belonged to the people, were wrested from them sad conferred upon tie Commissioners of Metropolitan Police, actlag a'one or im conjuuc- tion with the Vomimissioners oO: the Board of Health. Perlor Lo the passage of uhese acts ail the powers above referred to had been exercised by city oilicers, either directiy elected by the people or appointed by tne Mayor by aud with the advice and cousent of tne Board of Aldermen, directiy elected by the people theaiselves, Every trespass upoo and inva- sion of the inalienable riguts of the peopie must bave 2 limit. The repoblicaas, to use a common Phrase, have gove ‘tue length of their tether,” and Wul oe now brought co with aslarptucn. The days of republican domination have been brought to a close, and it is to be hoped that the newly elected Legisature, as soon ater assembling ja tue Capitol 8 possible, Will listen to the mandafes of their con- stituents ag expressed at the ballot 0ox in Noveguber last, and either sweep away all the late opac¥ious Jegisiation aad restore Lo the local autnoriiies ail the bowers onve vested tn them, or else devise some new scheme by wich the vast and comprehensive powers cowmitted to these various boards which press like av lacubus upon the vouy politic shail be vested In new ofiicers, directly respousible to tho people of this city aad Brooklya and the otuer locali- lies embraced within the metropolitaa police dis- trict, tor the due and faithful performance of their powers and prerogatives. ‘Tie Board of Heaith have tae rigat by tue act to make domiciilary visits, and their awards and decisions and acts aro final, the Vourt of Appeals having decided tuat there is no authority in the courts to review or revise the dect- sions of the Huard; that they are supposed to act ‘Upon facts, and that tueir findings are as irceversi- bie as tue nding of a jury upon the facts suumftied on the trial of cas, i'his power has been regarded not ouly a8 au invasion of the constitutional righis of the citizens, but a violation of the fanda mental Jaw whicu hoids that no man can be deprived of his property without due process of law or forfeiture. THE BXOISE BOARD, In 1866 the Excise Board, a most oppressive and burdensome one, snd an appendage to the other boards, was also luflicted on the people. By the Excise act of 1806 (chap, 678) the joint Boards of Health aud or Metropolitan Police were constituted an excise voard in andlor the Metropolitan Police district, excepling and exciuding the county of Westchester, and all the powers ueretofore possessed by tue Cominiasioners of Excise acting witum the said district Were suiamarily transirred wo the new Board, This Bourd was to Rave sole power to grant liceuses aad to revoke the same. ‘The saie of hquor was forbidden without the payment of a most op- dad aud almost prolubitory tax, aud the sale of iquor On Sundays, under the same higi-handed law, was entirely suppressed. As is weil known, the couuty of Westchester was exempted from the provisions of the Excise law, Waich exemption & Was supposed was procured by the exertions of & leading republican, the then representative of the county in tae Legisiative Asgembiy. it were need- less now to ask upon ee Oe it was demoral- izing to seil liquor on sundays ou the soutn side of Macumos’ Dam, and periectiy proper and just vo deal In the game On the vorth side of theDam. However, tis Was Of & piece With the whoie anomalous and paichwork legisiation of the umes. AS oue wrong step is Dut tae precursor of Many, 80 the first eu- cruachment upon a people's rights, tamely submitted to, is Dut the sorerunner Of despotism. The general act gave rise to great opposition oa the part of tue minority in botn houses, aud several so-caled a@mendinents followed, each serving rather to increase tuan te curtail the powers of the commia- slonere, THE LICENSING ACT. The disposition which the republican Legislavures had on sv many occasious evinced vo further subject the people and constituted local authorities of the city to the entire control of their pet commissioners, 1o addition to the despotic acts aiready passed, was ever more strikingly demonstrated than by a pro- ‘Vision Inserted in tue county tax levy of 1365 (laws of 1867, chapter 806). By the tweilth section of the act the Metropolitan Poilce Board was invested with all tue power up to that time vested by the city’s iawa and ordinancos in the Mayor and Common Couacll. This was with regard to the licensing of taeatres, Places of amusement, boarding houses, keepers of junk shops, boatmen, hawkers, pediers and dealers in second haud articies, auctioneers, hack- hey cvaches, aNd carnages and arivers, curis aud cartmen, cabs and capmen, o.anibuses and ownibug drivers, and other siguiar pro- Sessions and callings 1m the city. The power of liceusing, and the survelilance and supervision over the whote of these interesis, Was by theact sough: to be wrested from the Mayor and Common voun- ol aud vested in “the Police Commissioners, if this act had been permitted to yo into eifecs the smal modicum of auiuority over municipal mat- ters which previous usurpationa had leit would have been wWresied from the Mayor and Common Councu, and municipal government would merely cousist in the mocsery of #uame, without actual existence Or @ vestige Of authority. The coustitu- tionality of the ac. was Gispuied. Issue was taken thereon In the Supreme NS nd for the purpose of sei tilng whecher the Legislature had not in tals paritc: jar instance exceeded its power. ‘ue case was argued at general term, and it was then decided that the section in the tax levy was in conflict with te article of the constitution relauve to county, city, town and village oilicers—a point which had been 80 Tully discuased at the ume o! creating tne Metropoti- tan Folice Board. The section tn the tax levy was, theretore, dec.ared nul and void. ‘ihe Police Board, however, not relishing their defeat. brought the case before the Court of Dae where tue inatter was elaborately argued. ‘The reguit was that the court, republican judges being in the majority, felt constrained to aiirm the tat of the court below. One sinyular fact connected with the disposition of the case is, that no written judicial opinton has ever sy rendered im the case, and thereby “nangs a a : BOARD OF ASSISTANT ALDERMEN. In 1853 tue Legislature abolisied the Board of Assistant Aldermen, twenty in number, but ap pointed @ new board, consisting o: sixty members, lorty of whom should constitute a quorum—said quorum being honored at the time witu the title of the “forty tmeves."” The M#iavuro at the same Vme repealed the provision of the act that provided Jor the allowance of two aldermen sitting as asso- ciate justices in the Court of Oyer and Terminer and Court of General Sessions. Instead of assistant aldermen they appointed a Board of Common Coun- cil, which only continued in existence uli 1868. The Next sep Was to change the manner of voting for Aldermen; tnatead of in wor’ seis Weer eee - ——— = MA ps Vere sve sew Gistrloly, “wa “Goi Spnatosial aicruct reins 8 ai suunciunen. These changes were devised in the interest of the republican party: out very little pO ideal advantage Was guined to the party thereby. In the samZ0ab, OF sUPRRViRORS. @ year, 1867, the year of republican domination in the Legislature, ine of Hoard of Supervisors Way abolished, composed 0 the Board of Aldermen, with the Mayor and iiecorder ex officio moenbers. Whenever the Board of Aldermen, sittin; Af such, desired to resoive themselves into @ Boar of Supervisors, they requested tle attendar Mayor and Recorder, and with these officials present the Bourd of Alderinen became « Board of Super- visors. ‘The presen’, Board of Supervisors was then organized by statute, consisting of twelve mom- vers, coustituted under @ somewhat similar compromise ag that observed op the appoit- ment of the Pouce Commissioners, six of the Hupervisors belng repubilcan and six democratie, ‘The creation Of this county } lative body waa in keeping with the other acta of spoliation enacted thé Legisiature of the State against the municipality of New York. This new piece of legialation waa totally unueceasary to the well Oeing and good gov- ernment of tne county, aa was demonstrated by the manner in which the county aifaira were man: previous t the act of 1867, an or Ries only with ‘@ view of depriving the citi; of New York of ail control over the disbursements made by the county oijcers. ‘The mode of electing thie model legislative body is a burlesque on the elective iranchire; half ite members oniy are elected, the other balf ap- pointed. This was so ordained wi! view of pro- serving & Fetiees equllivfium in the Board, I[tcan. Biot Se caled § fghresentaive body, a9 one-half of ‘eppointed by the Mayor alter the formaiity of beng balloved for by ® minority of the votes cast, however, aré not clouned ‘The Board of Superviro1 With very ample matnony over, or contro! of, the The several acte appointing Snances of the county, the diferent commissions, empower them to ask, and thereupon the city authorities—the Board of Supervisors aud the Mayor signing the warrante— are compelled to Sppropriate whatever amount of money may be deemed, by said several commissions, wo be adequate for their requirements. Thus the people were deprived of the most important of all their chartered righta—the control of their expendi. tures and disbursements, and consequently of the control or direction for the proper carryiag on of the chy government, Tue resu't is sven in the enor mong amount of taxation levied upon the citizens, and which has kept on steadily increasing from year to year, THE CITY TAX LAW. In 1857 the Legislature first asserted by its acts the rigit to interfere with the tax levy of the city. Previous to that it only claimed the right to reduce the amount of some of the items, but it had never clatmed the right or power t> add to the sums asxed for by the erty authorities, A disagreement at thia time between the then Comptroiler and the Common Counctl relating to a single item of appropriations Induced that oMcer to ask the interposition of the State Legisiature in order to reconetile the difference. The Legislature not onty summar ly settled the ques. tion io dispute, but then claimed to be, and naasince exercised the power of, sole judge of what should pe the amount of the different appropriations for the city governinent. ‘Ihe Legislature thus us' tne most cherished prerogative of all iree people from the earliest history—the right of taxatton—anc for the first pme the citizens of New York saw them- selves and their property subjected to the yoke of a Legislature politically opposed te them. A few fig- ures here will show more clearly then words the effect of this usurpation by the Legislature over the taxation of the city an‘t how limited is the power of the loca! authorities over It, In 1868 the sum of $21,293,564 03 was raised by tax- ation, The entire amount of this sum chargeable to the Common Council and for the expenditure of which it wos directiy responsible was $1,710,700 97. The county and |'oard of Supervisors’ bil therein was $3,263,758 50, leaving to the State ai Stato Commissioners to account for the. balance, amounting to $15,026,988 71. The Committee on Finance of the Board of Aldermen showed hy figures that the State disbursing oMeers appointed for the city expensed tn 165 nine do'lars for every dollar so expended by the city authorities. Further comment On the subject of the manner of raising and expend- ing the money raised by taxation in this city 1s surely unnecessary. A change in the tax law will be robably one of the first measures which the new gislature will turn its attention to. Prior to 1849 the Mayor, Aldermen and Common Council, in pursuance of the provisions of the charter, organized the diferent municipal bureaus and direct- ed the whole official machinery of the city govern- ment, maxing from time to time such modifications and changes therin as the Interests of the city and the requirements and exigences of its rapidly in- creasing population demanded. In this year the Legislature first evinced a desire to encroach upon the chartered rights of the people. APPOINTMENT OF THE TEN GOVERNORS. In this year the Legisiature abolished the oMce of Commissioner of Almshouses and created a Board of Ten Governors, the members of which they legis- lated into ofire, at the same time taking from the Common Council the power of appoint ing an Almshouse Commissioner and the con- trol and supervision it had always previously exercised in this department of the local govern- Ment. Subsequently the act relating to the appoint ment of these ten governors was repealed and an act passed for the appointment of four Commis. sioners of Charities and Correction, vesting the ower of appointment in the Comptroller of the city, ir. Hawes, arepublican. The appointing power to tnis office ts still im the hands of the Comptrolier, with marked efficiency in the management of the department, ‘THE REGISTRY LAW. ‘The act abolishing the old Registry law was de- signed to fetter and trammel the voters of the city of New York at the polls on election day and to ham- per their action with regard to registration, Prior to 165 the voters in each election district or ward eiected their own inspectors of election and can- vassera. The power was then transferred to the Board of Supervisors, and flually to that political maelstrom and repository of ali local power, the Board of Police Commissioners, The Regtatry law. which nag been from time to time patched up and tinkered to accord with the increasing de- aire of the radical party tn the Legislature to con- trol more and more tie rights of the people of tne city to self-covernment until it has become 80 exact- ing, oppressive as to cailfor immediate repeal or sweeping amendment by the new Legislature when- ever it meets. TE CROTON ACQUEDUCT BOARD, This Board is alsoa State Commission, being en- tirely independent of the Common Council. It is One of these, the duties connected with which make it peculiarly by right one that should solely belong tothe city. A radical change may be expected in the composition of the Board as soon after tbe Legis- lature meets or other similar pressing obligations will permit of. THE PARK COMMISSION. It is generally conceded that the Park Commission- ers, especially the President thereof, have deserved well of the people of the city, and even ot! the State, for the success which has attained their close, assid- nous and well-directed labors in adorning the city with the great Park. Consequently there will be no desire maalfesied to make any change in this department of the public works of tne city. THE BOARD OP EDUCATION. ‘The question of some contemplated innovations on the courses of educational studies pursned under our present school system may come up for debate if not for actual legisiauive action in one or both chambers in the coming session. No radical changes, how- ever, will be made either as regards the composition of we Board or the system of education at present so advantageously carried on. ‘TE PAID FIRE DEPARTMENT was the result of one-party legtsiation, like in all the other independent boards and commissions. Tne new system nag worked well, however, and the citi- zens gratefully accepted it us one of the few measures that the Legislature, under republican dictation, bungled Into existence. ‘The foregoing review of past republican legislation presents also the Work that awaits the Legislature to meet on the opening of tne current new year, 1870. ‘The democracy, 80 long deprived of all power of contro}, 18 once more in the front and controlling rank, aod all speculation would be naturally directed to the question, What will the leaders do with this newly acquired power? Speculation thereon, how- ever, has to avery great extont been set to rest by the comprehensive and exhaustive expost- tion of the policy of the party, as published im the Hunan of Friday last, by Peter Bismarck Sweeny, in the course of an interview between that acknow- ledged and abiest nead of the party and one of our reporters. The programme 18 so clearly and fully Jaid down that those who run may read, and if there 48 not some tall running done in the way of legis- lating present “‘ing’’ out and the “onta’ of to-day in, ic will not be the fault of the hungry seekers aiter place on the various boards and commissions, DESIGNS OF THE DEMOCRACY, How Republican Ofice-Holders Feel—What is to Become of the Legisiutive Commissions Shall Our Police System be Abolished ?—Com- missioner Manierre and J, A. Kennedy on the Situation. re 13 not that profound commotion and appre- jon among the republican oftice-holders of this city in view of the changes likely to follow the dem- ocratic advent to power which one wougi be apt to expect under the peculiar circumstances of the time. This may be ascribed in a great measure to the preparation beforehand which the republican mind had undergone for @ very probabie demo- cratic victory. It was no sudden visitation, but rather a long-looked-for, slow-coming, but inevitable event, Therefore it 1s that the gentiemen who, by favor of the late ruling majority in the State Legisla- tare, hold places in various commissions provided by the parental power at Albany to look aftef the concerns of the way ward and helpless citizens of New York feel no lively or sensitive interest in the present changed order of things. They are, as it were, pas- sively indifferent and care not what schemes the democrats may have on foot concerning them- selves and the Albany-made Metropolitan Vommis- sioners. They feel an imdefoite impression that democratic power will wreak itself upon everything constructed by republican hands and everybody connected therewith, and that any effort on their part to propitiate che avenging Nemesia would be a ‘Waste of time, As it is down in the demooratig Programme that ali the pristine prerogat! es bf the y ai p 6 YORK must be 1 teazoralty dnd mraniohpalty’ Gt, NeW YORS Mn restoreu as the initiatory Work 01 sc... stag Dilitation the question as to what will the po... force be Jike after Superintendent Kennedy and the “metropolitan police district” are wiped out becomes a matter of some interest to the people of this city, Of course the republican Police Commis- sioners know nothing and apparently care less about what the democrata intend doing with this very Important piece in the machinery of our jocal government; and it waa not with any object of clairvoyant discovery as to the ultimate fate of the Mulberry street sutocracy that the reporter of the HERALD “dropped in’ recently to see Coramiasioner sua cheerful ence to the laws, no matter by whom made, and he did not believe that the demo. Manierre. | leagu eady crane Da h suey lately achieved, would undo any wise work performed by their republican Ed ba police system and its commissioners, i oe in days Of republican ascena- ancy. He s himaelf nor bia coll Ot bad given tho ot Of what the democratic policy might be any consideratfin. For himself he ‘was indifferent, because he was citizen wh simple duty f and foremost was toyield a ri dy. ‘The Commissioner looked as serene and nel ty, ough, hushed with the extraordinary redeces- sors. The chief subject of interest being the fate of . Manierre was aaked what he thought would fol- low from ® change. He said the Legisiature should and weigh well the subject of overturning the yous tem as at present organised,” or it jed = evel citizen, both young and oe, lives of the people are dependent the api gp Strength and morale of, their woe Loree, Wid If It be made a political Pee, or horn of ite full terrors for the evil-disposed and tur. Dulent elements Of this city, (he consequences wil | . MBER 28, 1869.—TRIPLE SHEET. make themselves unmistakably felt hout the community. He understood the iamonebe broposed uf the Police Comme and duperin' ot io toe Mayor Bud ina the police @ local force and do away with the present district system. it neeus very little reiiecuion to show What @ vast beneut this “district system" 19 to all the iittle towns e.nbraced withia it, aud yet at What Comparauvely tridiog cost it iwcarried on. In petpred town Ol lremont six men and i wehieeey F Une preservation of the peace and pro) of the commuuity more euectually taan tilly mea composing un independent iorce couid do. These SLX Men and the sergeant know, aud the townspeo- ge Know, and above ail the rowdies aud evuduers now that bentud hia “corporal’s guard” 18 a force of 3,000 men, tue moral {tiuence of wiich Knowledge is felt 1 emia the authority of une Commissioners exten Lei, for instance, as is any day likely to happen, o Gong Of rowuies—say @ gayg of druuken target Muskel@ers—euter the alinost uelencyess iittie LOW ot Tremont, and if go incimed tuvy could sack every house in tue piace 1a spite of the six policewen, If the devoted six were acting mdependent of the Aletropoiitan force, But as Ube system is now ar- Tanged, Wit telegraph wires toucalug every point eubraged wivnin toe district irom Yonaers 10 Staten dsiaud, five Buudred or a tnousand med, if need be, Can be thrown on a given polut withia te brielest possible space of tine, aud rowdyisun crushed yetore a can eilect much muschiel if unis districl sys- tem ve aboilshed@ll these ilitle towns aud villages ouside Manhupan Isiaud, together witu Brooslyn, Willwinsvurg and piarep island, would each im tra ave «6to)=—o provide itself wih @ Separate police force, which in the na& ture of ti Would be necessarily weak uss and ineiicient. In the matter of separating Brook- lyn irom New York great inconvenisoce and mach mischief wouid arisd. or ali practical purposes the Clues are one, und 11 13 egsy to reaize the contusion and deworalization that must ensue from having two diverent heads of police, and tor that matier dierent systems of poilce goverament in such ciose JUstaposition. But tue most porent ovjection to auy Change in the sysiem Like that conteuplated ty tue suspicion Wilk Which the pubhe mind could buruiy avoid being lilled ghas the poiice force was being Used Jor partisan purposes aod no longer a bared betweeu turbuience and order. The citizens of New York, DO waver how much at thues they may cen- sure isolated casey of brutality, lnedicieucy or neg- Ject On the partof the pouce, Kuow too well that only for them iife would be as unsaie on a thorough- a Of ths clty as on the robber-infested bighways of lexico, Society with us is undergoing a change; from year to year gradations of class are disappearing and we are drifting invo extremes—the very rich and the also very poor, The poor velng by Jar the largest, 13 the strongest nuiwerically, aud is augmenteu from week to Week by tue emigrants of Kurope—not tne best, but the worst of that as those wuo are really ambitious aud industrious go West. Jt is easy to see titat in the past twenty years New York—waica has been ali that time tivering tus tide of Kuropeaa emigracion for the country At large aud keeping the reiuse herself—has accumulated within her Linits & Class Of people of the most depraved and brutal in- stincts,. Did the old poitce force exist now ny city ia the world would exutbit sucd uiter uurestrained lawlessness a3 Ghis. As it 18 We ress Upon & Volcano. Auy one who doudts tue moral iniuence even of a Policeman’s uniform let bim go ito some of the Worst wards of ihe city and see how readily tho @ppearauce of the vive coat and brass buttons restores order along the motous, ‘Then, again, the purity of electivu 13 to be preserved; uf persons who didfer from the dominant majority are to have @py assurance that tueir uves are sale whea Ley venture to the polis on elecuon day, It Wii not do tO alluw Lie lupression to go woroad that te police force is composed of men appointed irom partisan aud political influence. Yet this impression can scarcely be avoldeu if you hand over tue appointing power to @ democratic Mayor, woo in tura wilt appoint @ democratic Superintendent, whose aim will be to secure popularity with tae rank and flle by giving tuein places on the police, It ds proposed, 12 addition to the aoolition of the aetro- polttan Police District, lo make the Hoard of Polwe Comumisstouers ¢iecuive. In any other chy but this the election of Pdlice Commissioners might be attended with little or none oi evil consequence, but here, Wuere toere is Such @ mass of loading ruanisua in the enjoy Ment of the sullrage, candidates would have to atrike bargain with a good many of tneir constituents to give them a piace on the police in return for their supporé 1m the election, Throw open Lhe force to such & viuss as tis, and, reverting to the id system, enjvin the wearlug of no particular unl- form, bat make a shield tue vie woken Of identilica tion for @ guardian of the peace, aud think of what @ condiion Of things would ioliow in tue streets of this city. Such are the sentiments of Commissioner verre, Leaving the presence of Commissioner Manierre the reporter stroiied down stairs to tue oilce of Superintendent Kennedy. ‘Tne great autocrat of Mulberry street looked like @ man Who, in the past twenty-four hours, Lad slept on @ bed of thuras aad Walked On @ hot griddie. Social and cheeriul as be wenerally 18 he appeared on this occasion to have risen irom an eXperimenton the medieval rack with all nis joints out of order aud nis temper turned awry. A vcar with tuo traditional afttictiun posteriorly could hardy exuibis more acervity. The Supertu- tendent, with little consideration for conveutional Ways of drawing up u Mecktie, Nad that article of ornamental dress Wed like the loop of a lasso arvund his neck above the suurt collar, Wich added a Blue- sori of reckless Le.ceness to his louks. RevoRteEk—What will pecouwe of you and the Police Commuasiun, Mr. Keanedy, whea the demo- crats get to work up in Albany? SUPKKINTENDENT (looking iiteen thousand dag- gers god giving @ violent chuck to tue satin lasso uround his neck)—Wuat ao 1 know abouttie demo- crats-or what they’re going to Go, Ali l know is I’m goin’ to Stay bere untii they turn Me out. D'ye hear that. ‘This was said with a rumbling growl, and the concluding interrogatory was couched very much in tue tone assumed by Sir Giles Uverreach in ibe seu. 80n OL bis bailed hope. Rerorten—assuming, Mr, Kennedy, that the present police system is abolished, WHat would most likely be supstituted in its place? KENNEDY—W hat do iknow ¥ Now, whatdo! know About a thing that hasn’t yes come ou? What's the use Of aSkIDg BUCH questions as that? growled the monarch of many bacons. REYOATER—Opserve, Mr. Kennedy, I only assume. Kennepy—Weil, What's the’ use of assuming What do I know about a thing that nasn’s come ait? KeeORTER—Bat, aasumtag— KENNEDY—Oh, assume and be —. kevorTen—thav’'s right, Mr. Kennedy,‘never pro- ceed on assumptions; but you'll stick, won't your Here the reporier was sliding away wicn a satirt- cal leer, advised as He went by Kiug Jolin Lo teil the humbie public that he suould stick and stay until turned out. PETER B. SWEENY ON THE FIFSEENTO AMENDMENT. To THe EprTor oF THE HERALD:— In the Hanap of to-day issue is taken with me on my remark that the Mifteenth amendment “goes beyond the negro” and gives to Congress the power to absorb the whole subject of suffrage, Now iet us see how lar wrong J am tn thod eaign of the proposed amendment. It is as follows:— AnnicLe XV.—The right of the citizens ot the United States to vote shall not be dented or abridged by the United States or by any State, on account of race, color or previous condition of servitude. Congress shail bave the power to enforce tis arti- cle by appropriate legisiation. After prolibiting the denial of the right to vore on account of color, race or previous condition of servi- tude, the authority is conferred on Congress to enforce the article by “appropriate legislation.” Suppose Congress should deem it “appropriate” to do this by appointtng . directly, or through its agents, inspectors for every election poll in the United States to decideon the qualifications of electors and to receive and count the votes cast. Would not this be absorbing in Congress the sub- ject of suffrage? If Congress may so appoint the Judges of elections, may it not appoint them all of the deepest ayed radical stripe, and import them from one State to conduct the elections in another State? What tribunal is to decide the meaning and ‘imit of appropriate legisition? Why, Congress itself, in the first instance atleast. And if the power should be resisted in apy Siate, We would see a re- petition of the g¢ of 184, when Our democratic pion gbouts, Sspectally in the city of New York, were all we ‘armed soltiery and parks of artulery, to overaywe the ie under the command of such conuervanive Warriors a Major Genera! Senjamin F. jutier, - Such constitutional amendments do not re- construction—ihey mean revolution, oer Jt may be Bild thar the aasuinption by Con, ei y B pp ited 0 snioroe ite pretation by -- ry, control over the electio pane bran ti guthoriy. When Gide Would US" ® ass. aig fo stretch or strain radical Congress nen. “SQ, > the authority or override res. “tgug for [he accom. plighment of @ political vbject GF 49 aggraggize power 4 \c would have been a very different matter if Con- Gress had simply defined the rights of citizens without regard to color, racé or previous condiuon and stopped there. Then the right of the colored man would fave stood category with those of the white man, and could have been exercised and enforced in like manner, leaving the regulation and control of elections whero they were placed py the framers of the constitu- ton—in the several States—for thelr protection and preserva.ion against destructive centralization, Many measures of Congressionai usurpation have been tolerated by the people as “war measures” during periods of imminent pert!, such as the as- joi de) of the power to issue paper currency whea ¢ authority je expressly limited to making coin, the taking away from the Staces the control of the mililia uader the name of volunteers, and the sua Pension of the habess corpus in peaceful districts. here instances were digect Invesions of the covsti- tution. But this amendment strikes at the vital ex- istence of the States, and is @ subvermon Of the es- seutal principles upon which our government was founded, 1 would ca w ped Low Boab od t in your view of scope al Hy Bava fanguage em, i meant, for ail te value of too broad 11 1 kuow that blican enltate 1 Domat of, the, measures whic be ove caste a sph cay aenocrate neral administration in 9; A x Baaiorttr. YPRTWK ye SWEENY. nema od mz s ASSASSINATION. An Era of Lawlessnoss—Ono Successful and Throe Unsuccessful Cases. The Attempted Assassination of the Superine tendent of the New York Inebriato Avylum, (From the Binghamton (N. Y.) Kepublucan, Nov, 26, Dr. Albert Vay, superiutendent of the New Yor State Ineorlate Asylum, was atiacked by w patwat at the institution last evening aud severcly swvved io luis left arm aud suoulder, About eight o'clock jn tue, evening the doctor re- quired the atienoance of two patients at nis omee §=6who shad ~—sisodeyou the. rules established for the governwent of the asylum. ney ret come aud force to was employed to compel thelr attemfauce by tna persons who were seul with the superimtendent's request. During the slight disturbance tuat fol lowed, Dr, Day started to yo t» the rooms of the dis- obedient patients, and wieu wa cing taroagh @ hall & young Inwate, naued Ldwara 3, Biaweley, came Up at fis sido With @ kulie Wich ne had forct- bly taken from the hauds of auother palient aud aimed @ blow at the doctors sige. ‘ie blow was warded of by tie doctors ara, but he was hit and severely cut at tue cibow iu such a man- ner as vo nearly paralyazs the Wand. Blakeley struck again, evidenily Blininy at his taroas, but the doce tor dodged @ little aud received the Liuw wi os ief Shoulder, Before the assaliaat had wane tv do more in the execution of his purpose of murder he was grasped jaud torowa upon the door und veld there Unit disarmed vy Que of ihe pavients Wuo Was near. A messenger Was sent ulier oherit Martin, wh With au assistant, weut to tue asyium oud arres: Biakeley aud lodged im in jail, 'Tuis moraing precnes Was taken beiore Justice Audrews, Where @ pleaded not guilly, and his exuminauon is poned unul next Monday afternoon at two o'clock. Blakeley i@ from Augusta, Ga, wuere he was for- meriy eng: in the mercantile business, retauing laps, crockery, &c. tila age ls tweuty-iwo years, and during the war he was 4 revel suidier. most unruly man, aud was dischurged from tue justitution recently as @ desperate character not likeiy to be benelited vy treatment; bub ue wus re adaiitted wituout tue docioi’s cousent, He made threats of murder against tue Superintendent belore he committed the assauli. ‘The injuries of br. Day, though severe, are not at all dangerous, and Le will sovn resume his usual duties, Love and Jealousy—Attompted Assassination of a Rival, {From the Cincinnati Gazette, Nov. 26.) Worace Philupps a young ma: well kuowa to oar business men fora long tme as @ clerk for the Superintendent of the Merclaul’s Exchunge, hag been evgaged for about a year to a young widow named Mary Cummings, Who voarded at the uouse of his mother, corner oF itace and Lougworth streets, For some time she bas been receiving the atteution of 8. H. Leonard, an employe vi Wuoveil, Swasey & Co,, distiliers, Last Saturday Mrs, Cummias left the house of Mra, Philipps, aud removed to Freemau sireet, above Popior, Tuls circuinstaace, together with tle ate teutions of Leonard, seem to have uwakeued In we heart of Phiilips a storm of jealousy. Since her re- moval he beard that bis baicd rival was cor- responding with wis betrotied, aud — yesver- day afternoon he became wrought up to such @ pitch of jealous irenzy thas he wroie her @ letter, aduouncing tue dissolution of tue engauement, Alter this Way dove le svemed to bee come whoily reckiess, Lust eveuing Le went with a Young {ricnd named James M. Mackenzie vo a liquor store, owned by the later of the lalier, at No. sod Main street, wuere he drank furiously, uulll he be- came very iwuch iailamed with iyuor, A little be- lore haif-past ten o'clock the two ulen ‘eft the store, and were passing down Vive strect, whee t.cy met Leonard and Mrs, Cummius, Wuo hud just left Wood’s theatre, and were on their way toward Seventh street. Philipps inmediately became very much excited, but the young men coutmued uatii they reached the door of Phil Tieman’s biiliard saloon, wuere he states thas Jt was Us lotention to siake “Mackenzie oi.” Arrived at the dour, however, he suddenly changed bis mind, and sauuting, ‘Jim, come along with me,” he started ac a furious pace up Vine street. ga Ouistripping bis companion. As he neared venth street he saw wis rival und hia late fiancce on tie west side of Ue street, directly in frout of Waterman's cigar store, He immediately rusned across tue street drawing a revolver a3 Ge rau aud waea in front tho starved pair, ne fred tiree shots at Leonard in quick succession, one of We valis eateriug tie lat Ler'’a jeit thigh, Just above tue giola. Mrs, Cummins left her escort and fled lato tue cigar store, suries- lug and Wringiag her baucs. Meaawiiie Leouard closed Wita bis antagonist aud Wreuched the pistot trom his grasp, Wiereuon tie iatier broke away, ran afouad tue coruer auu disappeared in Lodge alley. Leonard then followed tho lady into tho cigar ~ Store, quickly (ollowed by uu earciled crowd, Who were eugeriy asaing, ‘Where is he?’ *Wuo did the shooting?’ But even as they spoke Puulupps re turned, breatuiess from his cave around the square, dashed througa tue crowd uke a madman, rotary them right aud leit, and made a spring for Lvouar. Wuo Was standing near Mrs, Cumunus, in a b. The latter Shricked, ‘Don's let him come bear me; bell Kili me” aud imnted, O- cera Anshufz and stevenson, who had come tn, at ouce seized Philipps, bul walle tuey were searching him for otuer weapond he managed, by a desperate effort, to wrest ove hand loose, w.tn which he struck his Victim savage biow upon the mouin, Oulicer Anshulz immediately took Win to the Ninth street stauou house, where he 19 held for examina- tion to-day, Oflicer Stevenson procured a carriage and took Leonard to his room on the corner of ‘Lard ana Sycamore streeis, where, ils wounds were dressed. ‘The hurt i4 a flesh wound, and is pot hkely to prove serious. Mrs. Cumuins was restored consciousness by the liberal use of cold water, aad conducied to her home by @ irieud of the wounued an. Puulipps says that he doe3 not know why he shot Leouara, for he was periectly avie to whip bim, but he did Dot KuOW What he Wag about, Mrs, Cummins ig Bald vo be of Very lascinating manners, and Phil- lipps seems to Rave been sy tifatuared in his devo- tion to her that the iaucied jogs of her jove drove hum nearly frantic, and when he saw his rival happy in her society bia reason forsook Lim alcogether. An'Old Grudge—Attempted Assassination of a Virginian, {From the Charlottesvilie (Va.) Chronicle, Nov. 25.) A shooting atair, which may result fatally, occurred at Fiagvauna court house on couri day. It seems. Oy We get the sLory, tual more than a year ago the fuiher Of a Captain Kichard. Harlan, for- tuerly of company D, Ninewenth Virginia reginent, Was Seriousiy malitreatea by @ wan named Shores, @ ueigubor of iis, Tue fact that Mr, iiarlan was an old man aud almest blind maue it much worse. Un hearing of it Captain sarlan calied Shores to account and used his stick prety freely on hin, ‘the matter was brought be- fore tie court, but avothing was done; and here it rested unl last Munday. Captain Harlan wag standing in frout of tha court Lowe lacking to @ party of friends when Shores came up @ud began to speak to him aboni tus old occurrence. Harlan remarked (nat ho thougit it was setued, to which Shores answered that it Was not, and without further notice raised an army five shooter wiica he had under his coat aad bred. The bal struck Captain Harlan in the aodomen and was at first supposed to have inflicted a fatal wound, though it 18 NOW hoped that it passed around tue body instead Of through, 1 wich case he will provably revover, Great Indignation was expressed by the bystand- ers, and there Was at one time danger ‘that ihe ser- vices of Judge Lynch would be called into reauust- tion. Shores was Be once arrested and lodged in Deliberate and Fatal Case of Assnesivation ip Indiana. {Indtanapolia (November 25) correspondence Cincia- nati Enquirer.) Aman named Lowry waa Kiied at Batesville, Decatur county, on Weuinesday morning, under the foliowing circumstances:—He lived at a small place called Andersonville, in Rush county, apa, on ac count of nis lawiessuess, was a terror to the neign- bornood. He was accustomed to levy small suns by threatening to burn barus or kill stock, and was paeneelly successiul, A few daysago he domanded five doliara of a youog man named Waiker, whose father is @ wealthy farmer, and threatened to bury the gid man’s barn if the demand Was not complied with, Walker refusea him the sum, aud on Monday mght the bara was fired and room. compietely | deatroren, with two mae even feu & lot Oo lemén enw) ae ~ Pearea, Be waikera—fatuer ai r sa on—pI cured @ Warrant for his arrest, tracked him to Batesville and came upon him while he was eati fast at a house there, Young Walker slip; in, drew @ pisiol ana fire@, kuling him tnstanu The boay was removed to the depot and the old mi ly. am Walker left a watch over him, wile the #on Went to Morris after a Coroner. The old man, who is Bevonty-seven years of age, said he intended to taxe M8 cos, to Kusu county, aud that it was es at jer Lo Carry bim wat way than if alive, ood deal of excitement, bus of the Waikers and to arrest them at lass BOILER EXPLOSION. One Man Killed and Two Wounded. mm the Loutsville Courier-Journal, Nov. 26.) F<) My jay evening at five o'clock the boiler of a saw- mill belonging (0 King & Morrison, situated eignt mites from Owensdoro, in Daviess county, Ky., ex- ploded, killing Mr. Morrison instantiy, fatally wound- wae Sanne Jackson aud silghuly wounding Dam Hite, The two latter wero employes of tue mul. ‘The expioston was territic, completely demolishing the building, nor @ single log being left whole. MARINE TRANSFERS. The following is w list of marino transfers from November 26 to November 27; Date. | Case Name, Tonnage.| Share. | Priees Albert Van Slyke) 114.00) All. [Albert Van Siyke| Ou} AlL Angeline... a) Au. | at Rosebi Au. 00)... | Andrew ‘alk ‘|i ‘ana: b't/Vinter County, 105.69) All, | 6, Garee...(Beu'l T. Maddox, ol AB. | Ba