The New York Herald Newspaper, December 15, 1869, Page 6

Page views left: 0

You have reached the hourly page view limit. Unlock higher limit to our entire archive!

Subscribers enjoy higher page view limit, downloads, and exclusive features.

Text content (automatically generated)

6 NEW YORK HERALD BROADWAY. AND ANN STREET, JAMES GORDON BENNETT, PROPRIETOR. Letters and packages should be properly sealed. Rejected communications will not be re- turned. All business or news letter and telegraphic despatches wust be addressed New Yorr Hgraip, Velume XXIV 349 AMUSEMENTS THS EVENING OLYMPIC TREATRE, . Broacway.—Unoxe tur Gas xian, Masineo at FIFTH VENUS THEATRE, Twenty-fourth «t.-Tar Trish Heres. i NIBLO'S GARDEN, Br Taek LIPree DETR bo , Opsncr or Int ner This BOWERY THEATRE OALI—Fonry WiNKS 2ATRE, res Bu DRer, Broadway an Fourteenth street, 1's NY, bavween Sth ang 6th avs iy Taw Mrzuy Wives oF Wuxnsor, FRENCH THEATRE. te and éth OPERA~AsCoLDOVAa MOgILa av. - RUSSIAN {K THEATRE, Broadway.—Ornta: BouFFs. NEW YO LE Sove’ MRS, F. U. CONWAY'S PARK THEATRE, Rrooklya.— Tur Rona ov A Poon Yousa MA TONY P. ASTOR’S OPERA ff Fors. —-COMLO Vooatisn, NEGO MINSTRE: 28 THEATRE COMIQUR, 514 Broadway.—Contw lau, Nox Avrs, &c. Matinee at 2 Vooats BRYANT at —BRya SAN FRANCISCO MINSTRELS, 585 Broa \way.--Kruto- PIAN MINSURELSY, N#G@RO AoTs, &0, WAVERLEY THEATRE Broaiway.—Eruro- PLAN MINS THE 5 NEW RQukereean AND GYMNASTIO P . Matinee at sig. HOOLEY'S OPERA HOUSE, Brooklyn.—Hoouey’s Mins TIRE FoR a DAy, &0. SOMER ART GALLERY, Fifth avenue and Mth streei.— 108 OF Tuk NINE MUSES. DORE ART UNION, £87 Broadway.—Exuroit10x oF PALNTLNGs, NEW YORK MUa4UM OF ANATOMY, fi Brgadway.— SOIENCE ANO ART LADIES' NEW YORK MUSEM OF ANATOMY, ¢18% Broadway.—FEMALES ONLY IN ATERNDANCS, NEW YORK HERALD, WEDNESDAY, DECEMBER 15, 1869.—TRIPLE SHEET, Oornelius Dopoxiraa, of Titusville, Pa., in the Supreme Court at Buflaio yesierday, agatnat the Erle Railway Company for injuries received at the Mast Hope dis- aster, Postmaster General Creswell has addressed @ let ter to the chairmen of the House and Senate Com- mittees on Post OMices strongly recommending the abolishment of the franking privilege. Theo omice of the Nortnern Central Railroad Com- pany at Elmira, N. Y., was entered by burglars eariy yesterday morning, the safe blown open and $590 in greenbacks and checks and drafts amounting to over $13,000 stolen. ‘rhe Avondale Relief Fand amounts to $126,077 32. Of this $102,695 nas been imvested or deposited; $10,778 remains m the hands of the trustees and has been divided among the families of ns Of the disaster. A defaivation of $50,000 18 said to have been di covered in the Howard National Bank of Boston, Judge Coursol, of Montreal, has decided against discharging Kk. B. Catawell, the alleged aefaniting of the New York Custom House, who ts await- ing extradition, Two poltcemen were shot and seriously injured by three thieves whom they were attempting to arrest 1u Pittsburg yesterday. The thieves were captured, Benjamin Teachout, an old man, who was con- vicred at Albany of poisoning his wife ana sentenced to be hanged on the 24uh, has had his sentence com- muted to imprisonment for lie. The Citys The Spanish flag was holsted yesterday morning on ifteen of the gunboats at the Deiamater Works, and the fotiila is expected to leave for Havana to- morrow. Work on the new Post Omce ia progressing slowly on account of want of funds, non-arrival of granite and the prevalence of cold weatner, The board fence on Broadway bas been takea tn the width ot the sidewalk, Tue case of S, P. White against State Senator Mat- toon came up before Judge Cardozo yesterday, being an action ou the part of White to recover $3,000, half the amount of his losses by speculation in Erie stock, in which he claims Mattoon, who was then chairman of a Senate committee investigating Krie matters, Was a partner, Maitoon on his examina- tion satd that he was not to share in the losses, but was to have a share of the profits of the speculation m consideration of valuable information which he was to rende 1d which he might obtain a6 chair- man ot the ¢ e. Judge Cardozo reserved his decision. A veteran counterfeiter, named Conrad Fautzer, and his son have been arrested by I ury detec- tives, after much ailgent search, on the charge of printing bank checks with @ spurious engraving of the government revenue stamp marked on the tace of each. A large quantity of matertal in presses, paper, ink aud lithographic stones were captured at the place of operations, 2i6 William street. Fautzer aud his son were yesterday heid to batl in $20,000 to appear before Commissioner Betts on Friday. The canvassing of the votes at the late municipal election was continued by the Board of Aldermen yesterday. In the Fourteenth Aldermanic district } the fifteenth amendment their profitless battles he desires to have this matter settled without needless loss of time; and,-such being the case, we shall probably. have this amendment proclaimed as part of the supreme law of the land before the end of the winter. But what then? - This question is answered from various Cemoeratic sources with the notice that then the amendment will be repudiated by the democratic party on the ground that its ratification is spurious and void, inasmuch as the ratification by the recon- structed States has been, by Congressional coercion, in violation of the constitution, But upon this plea, if admitted, the fourteenth amendment falls to the ground, and also the thirteenth, abolishing slavery, for both were ratified through ihe coercion of the late rebel States. The amendment declaring slavery abolished, it is trae, was not forced upon those States by Congress, butit was made @ condition of restoration by President Johnson, subject to the approval of Congress, which is the same thing. The democratic ground of hostility, then, to the ratification of the fit teenth amendment, if admitted, will carry us back to the year of our Lord 1861, and to the period just before the deluge, and to “the con- stitution os it was,” whereby the war will stand as a failure, and the States will be re- stored to the right of re-establishing slavery in any form they may choose, African or Chinese, and to the sovereign right of vigi- lance committeos to take a note of incoming strangers, and to tar and feather and “ride on a rail” out of town every obnoxious abolitionist or carpet-bagger. ‘ We have, then, again to warn the demo- cratic leaders of the folly of repeating upon of 1868, 1866, 1864, 1863, 1861 and 1860. In 1862, with the aid of John Van Buren, we got Seymour and the democrats in this State on the right track in support of the war for the Union; but ever since they have been floun- dering in the disnial swamp of those old South- ern abstractions which broke up the Charleston Convention and the party. The true course for the democracy all over the Union is that adopted by those shrewd old time leaders of the party in Virginia in accepting the situa- tion and the negro vote, and in turning it toa good account. On this plan of operations they may speedily regain the Southern balance of power and make the Southern negro as Nesbit was counted a8 having received seventy- eigitt majority ovgr Florence Scannell, The Canard steamship Cuba, Captain Moodie, will leave to-day for Liverpool. The mais for Europe Wil close at the Post Office at hail-past eleven TRIPLE S| HEE . Now York, Wedneadayy 1 December i zon EWS. “Europe. By special telegram from Rome, through the Atlantic cable from London, dated yesterday, we are enabled to report tue main points and chief features of a Bull which was issued by Pope Pius (he Ninth, in the Holy City, for the regulation, government, ‘ai Council offtne ‘The provisions of the Pontifical missive le and worded with care and perspicuity. cit matter will be debated in committees rule and guidance of the first Ge! Vatican. ny before being drafted for submission to the general body. ‘The prelates sre accorded considerabic scope and freedom of action, but the right of supreme control of the Pope and Cardinals 1s asserted and maintained throughout, The Empress of France writes to the Pope regret- ting ber inability to visit nis Ho me ‘The Peabody detained in England by a heavy gale. funeral ship t ue appeared among the animals col- ie show in London. The Carlists are again active on the Continent. The bishops in Rome have delivered very mauy valuable contributions to pveries of firearms are carried on ex- Ireland, By ste: p at this port we have our spec‘al cor- respondence and @ mail report from Europe tn im- portant detail of our cable telegrams to the 4th of December. Hayti, The steamer Estretla, while sailmg from Cane Hayti to Port au Prince, sprang a leak on the 27th ult, and ® panic seized ail on board, Five pas- sengers, incl @ Mr. Gregg, the American Consul at King , Jamaica, ped in a boat to San ile the crew, by Nichotas, he strong eflorts of the Officers, were kept at the pumps, and daatly brought the ship to Kingston. Cuba. Several ishes are reported near Santiago, Fl Cobre and Holguin. Crews for tweive of the new Spani Fs 8 vy York have satled from Havana on the man Isabel. St. Thomas. ber 30 state that the owners of the | ‘0, which has be 2 British aut! s, refuse to rece cla’ 8 of the governm Mexico, Colima advices to Nove a) a tat eo | Western coast of Mext 0 Placido who proposed to House a av, gin Tepic and te ad t 0 be an ln poster who is almost powerless. In the Se Senator | successor, M his memory w were delivere bull, Antiouy, A ' MoVickers and Hanatin, and at ball-poss wy C10ck the Senare adjourned. In the House a resolution Into the ex; ¥ of abolish revenue ant doning tne tax to be raised among the se one expressing indigr ean citizens as political prisovers m Ea bill waa Introduced requiring vations to be made at military to be made vy telegraph of the ach of storing on the Atlantic seaboard and on the Nortnern Jakes, The bill for the conditional admission of Vir- ginia and representation in Congress was recom- mitted to the Committee on Reconstruct memorial from the National Colored Cony was presented, asking the donation of pubite ty in the South, im lots of forty acres each, meteorolog Hons and A year. The House then went into Commitee of the Whole and took up tie Census bill, Pending 1ts dis- cussion ® message was received from the Senate Snnouncing its action on the death of Senator Fes- sonden, when eulogies were delivered by several members, and the House adjourned. Miscellancons. Representative Stokes, of Tennessee, hus written @ letier to Senator Sumner and others In regard to affairs in his State, in which he denounces the ap- proaching Constivutional Convention aa legal, un- constitational and revolutionary, He saya Tennes- see isin the same disturbed condition as Georgia, aud equally needs to be reconstructed oy Congress. The Kentucky Legisiature balloted yesterday for ‘a United States Senator to succeed Mr. McCreery, but without # chowe. MoCreery and Governor Stevenson are the leading candidates. ‘Tho United States steamer Powhatan arrived at Koy West, Fia, on Monday, from Nassau, with thirty-six men of the Lilian expedition, } or th \ which number fs thirty-seven. | defiance of the reconstruction lawa, having in | 1868 expelled the negro lature is to be recalled, negroes and all, and | the application of the test oaths will turn the | tables upon the over dainty white members n | OY whom the blacks, in the first instance, were turaed out. he President in his annual message, having recommended this line of to | colored settlers who shall occupy the same for one | o’clock this morning, The stock market yesterday waa very weak and Py Gold declined to 121%, closing finally at Prominent Arrivals in the City. Judge W. D. Elhott, of Philadelphia; Captain 8. H. Nye, of California; Colonel T. 8. stevens, of Mas- sachusetis, and Judge E, S, Dawson, of Syracuse, are at the Metropolitan Hotel. Colonel John M. Wilson, and Captain N. 1. Rat- ling, of the United States Army, are at the St Charles Hotel. Captain J. N. Donaldson, of Quebec; Captain E. important an element of democratic strength as was his master in the age before the deluge. Funding the Debt. There is no subject that attracts the atten- tion of public men and writers more than that of the national finances, yet there is none, perhaps, of which they are more ignorant. Ever since the war closed our Congressmen have been spending a great deal of time unprofitably in discussing numerous crude propositions relative to the currency and the debt, and the HeRaxp office has been flooded with pamphlets and communications of a like character generally on the same subject. People love to write and talk about and are more dogmatic upon that which they under- stand the least or only imperfectly. During the few days Congress has been in session we have had a renewal of several Of the old financial nostrams and the presentation of some new ones, Among these there are a few tor funding the debt. One of the last propo- sitions is from Senator Corbett to fand a thou- sand millions of the maturing five-twenty bonds by the issue of new bonds having thirty- five years to run, principal and interest payable in coin, and not taxable in any manner. These proposed bonds are to bear six per cent inte- rest for the first three years, five per cent for the following six years, four and a half per cent for the succeeding six years, and four per cent for the remaining twenty years. Mr. Corbett's idea seems to be that these long bonds, beginning with the full six per cent interest the five-twenties now bear, and graduating the interest to fow per cent in the end, would be accepted for the present five- twenty bonds at par. This ianot a bed scheme, though we think it doubtful whether the holders of five-twenties would voluntarily surrender their six per cent bonds for others that, in three years, would bear only five per cent, and less interest than that as time advanced, with- outa premium, As far as the action of Con- gress goes the holders of five-twenties have been promised the full value of their bonds in coin, principal as well as interest; and if the choice be left to them they may prefer taking payment rather than accept bonds bearing less in exchange for their five= twenties. In funding the debt in any form compulsory legislation will be necessary, pro- bably, and in that case it would be better to adopt a comprehensive measure at once reducing the interest from the start and reliev- ing our heavily taxed people, who have borne the weight and brunt of the war, from some of their present burdens, Nor does it appear necessary to pledge the payment of the debt On the other tack, that of fighting the fifteenth amendment, as they fought the four- teenth and the thirteenth, the result will be the same—siill a new lease to the party in power, It is all fair to fight an obnoxious proposition to the last ditch, but when fairly beaten wise mon give up the battle, Policemen Chnrged as Highway Robbers. That is a curious case of the two policemen of the Twenty-second precinct, charged before the Police Commissioners with highway rob- G, Young, of the British Army, and J. S. Young, of Toronto, are at the St. Elmo Hotel. Arthur Cheeny, of Boston, and José Marwea), Mexi- can Minister, are ut the Westminster Hotel. Generai Marvin, of Albany; Colonel Lewis, of the United states Army; R. H. Prayn, of Aibany, and Dr. Rubiey, of Vermont, are at the Futh Aveaue Hotel. Judge W. J. Coggeshall, of New Jersey, and J. i. Hayward, of Boston, are at tae Coleman House. Major J. N. Knapp, of Aubura; Judge Wiliam A. Wright, of Wilmington, N. C., and Dr. G, B, Kin- Kechman, of Penasylyania, are at the St, Nicholas Hotel. Colonel H. H. Osgood, of Norwich; Captain Pratt, of ship Hudson; Generai W. T, Sherman, A. W. Randall, and J. J. Nocks, of Washington, are at the Astor House. The Fifteenth Amendment—Prospect «* an f Early Proclamation=What Then? It appears from the official report to Con- gress on the subject from the Secretary of State that twenty-one States have ratified, through their Legislatures respectively, the fifteenth amendment, and that those States are Missouri, Kansas, North Carolina, West Vir- ginia, Massachusetis, Wisconsin, Maine, Lou- isiana, Mickigan, South Carolina, Pennayl- vania, Arkansas, Connecticut, Fiorida, Mlinois, Indiana, New York, New Hampshire, Nevada, Vermont and Virginia, as heretofore given in the Henatp. It appears, however, that the ratifications of Missouri and Kansas are defec- tive, the second section being omitted in the case (the section which gives to Congress the power, by appropriate legislation, to enforce the universal suffrage provided for, reg rhe of race or color), and that in the ology of this section is these two radical States will each unquestionably soon make the needful ction they may still be counted in, - Adding, then, to the official list of ratifying »3 Alabaroa, which has lately adopted the amendment, and we have twenty-two; but, deducting New York, whose ratification will be rescinded by our new democratic re, the number is reduced again to -ono, We shall, therefore, still require ates to make the neediul twenty-eight, urths of all the States of the Union, Georgia, in one case the ph d. As, ho ever, members elected organic Legislature, is to be tod over again, according to the amendment, That organic Legis- four | teenth Congressional action, | the subject will be passed, and Georgia will be reconstructed on the basis of the four- teenth amendment ond with her adoption of the fifteenth, Georgia, then, with Mississippi and Texas, will swell the States to twonty-four for this last amendment, Rhode Island, Ohio, lowa, Minnesota and Nebraska—all radical States, with administration Legislatures—will com- plete the ratification and make the total vote one more than is necessary, as ‘ing that the vote of New York will be rescinded immedi- ately after the organization of our new demo- the bill introduced on | bery. The facts as sworn to show that the officers were in uniform, ond one of them, at least, on duty when they were found by the principal witness dancing in a stable adjoining a barroom; that the victim, a guest at the St. Cloud Hotel, who lost a pocketbook containing over four handred and thirty dollars, invited them to drink, an invitation which they accepted; that the officers undertook to see him to another place of resort, on Seventh avenue, and that while on the way one of the policemen eased him of his pocketbook, which he says contained some four hundred and thirty dollars. This is the victim's story. A coun- tryman from Kentucky was this victim, who was not expected to know that men are recommended for policemen because they have been thieves, upon the old principle, originated in the organization of the detective force, ‘that you must set a thief to catch a thief.” . The story of the policemen in their own defence differs a little from that of the unhappy Kentuckian. They admit that they danced and that they went into the bar- room with the accuser, Wells, but deny that they drank thero, the (estimony of the barkeeper to the contrary notwithstanding, although he swears that officer Remsen not only drank, but was liberal enough to pay the bill, A citizen also testified that the officers drank in this barroom with Wells, the com- plainant, and identified them as tho -officers then present, Without wishing to prejudge the case, which is still on, we may say Mr, Bosworth, the President of the Board of Police: Commissioners, has a very delicate subject to deal with, and the public mind will have to be spt at rest concerning the honesty of the police force. Provoskp New Sire for tag Srook Ex- onaner.—The upward march of business seems to demand that the money centre of the city should be removed higher up town. Hence the Stock Exchange is receiving proposals for the sale of a site on which to locate a new building, especially as the rent demanded for the present building is very exorbitant. Some propose buying the ground of the old Post Office, others the old Heratp building, in Nassau street, and others again would like it located west of Broadway, abrenst of the new Post Office. The lease of the present Stock Exchange expires on the Ist of May. The new institution ought to be near the Park and Post Office, with a view to the concen- tration, architecturally, of our Soest public buildings. Important OPINION IN THR GoLD ox- ouANGE Casz.—We publish to-day an impor- tant opinion, delivered by Judge Loew, of the Court of Common Pleas, on » motion to con- tinve the injunction originally granted in a case arising out of the September gold panic against the President of the New York Gold Exchange. The Judge defined the powers of the arbitration committee and decided that the motion to continue the injunction should be denied and the temporary injunction dis- solved. Tne Crier Josrick on tik Taxation oF Stare Banxs.—In the opinion Of. the Chief Justice on this eubject, maintaining the doc- trine that Congress has the power to tax State cratic Legislature in January next, and that this action will be recognized at Washington, The whole caso is olearly in the hands of General Grant. We think, too, from his re- tasty ‘yougand dollars Ganges | wore arraraed commendations in reference to Georgia, that banks, we think another opinion is incidentally diaclosed—viz., that the legal tender papor currency of the United States established by Congress is constitutional, and to this com- plexion it will probably come at last, eee ———“‘“‘“<‘<‘“‘OC‘(Y in coin, It will be so paid, probably; but we cannot tell in these wonderfully progressive times what system of currency and what finan- cial policy may be evolved. In ten or twenty years the ideas of the world may be changed, or this mighty country. may see that it wonld be the interest of the country to establish a system of currency of its own, different from any that has been followed heretefore. At any rate, Congress should keep in view a few simple principles in whatever plan may be considered for funding the debt—that is, the plan ought to be both comprehensive and simple, and having for its first object the imme- diate reduction of the rate of interest, so as to lessen the burden of the debt, to set capital free for other purposes which is now locked up in bonds, and to keep as much of the debt as possible at home in the hands of our own cltizens. Union Oil—More Death in the Lamp. Death from the effects of explosive oils has become a feature of our daily news. Tw6 or three cases of female slaughter by the ex- plosion of oil lamps are ordinary occurrences. The last one—unless a few more have oc- curred since these lines were written, which is not improbable—was the death of an un- fortunate woman in Charles street, by the explosion of a lamp containing gasoline and other substances called ‘union oil,” a mix- ture which was intended for polishing furni- ture, but which was sold, it appears, as an illuminating ofl, The man who sold it for this purpose received a “reprimand” from one of our inestimable Coroners; so we may expect that he will be a good boy in future and not sell a devilish compound like this for iliumi- nating purposes any more, without warning his victims in advance of their probable doom. Coroners’ “reprimands” and the verdicts of Coroners’ juries have become as much of a farce as Dogberry’s “‘Crowner’s ‘quest law,” and a good deal more; for there was some ornde logic in Dogberry, while there is nothing but corruption glossed over by convenient stupidity in the Dogberrys of our day, Meantime the sale of explosive oils will probably go on as usual, although the law prohibits the sale of any illuminating com- pound that cannot stand a certain test of heat without evolving an explosive gas. Death will still lurk in the lamp and victims will be multiplied. Tne Pore’s But, to tae Covnow.—The American public cannot fail to recognize the enterprise of the New York Heratp in secur- ing the transmission by a special telegram from Rome, via London, of the substance of the important Bull which has just been issued by the Holy Father, imposing the seal of secrecy on the proceedings of the General Council and establishing regulations for the guidance of its members, It will be seen that although a) majority of the bishops sre somewhat prema- turely reported tobe dissatisfled with many of the provisions of the Bull it leaves a wide scope for liberty of discussion and action, while at the same time it requires strict con- formity to the faith, traditions and discipline ofthe Church, The preliminary work assigned to the great committees is a feature which in- dicates that the business of the Council will be facilitated by some of the best approved par- liamentary usages of modern times, and which assimilates it, in a degree, to an American Presidential nominating convention. This Bull of Pius 1X. will be memorable as the first Papal Bull which has ever been sent by the electric telegraph across the Atlantic Ocean. Tue Britiso BortiNoaMe Cainnse Treaty Ratirmep.—By cablo despatch we are informed that the treaty drawn up between the govern- ment of Great Britain and the empire of China, through the medium of the Chinese mission under Mr. Anson Burlingame, has beon rati- fled by the latter government, The nogotia- tions with the Prussian Cabinet will in all probability lead to similar results, and there is no doubt that the Russian treaty will be equally successful, especially as the Czar has svinged on wore thai one occasion bis dosire to follow the polloy adopted by the United States government in reference to all great political matters, The success so far achieved by Mr. Burlingame in his mission is flattering, not only to him personally as a diplomatist, but also as a proof of the good fecling evinced by the Chinese nation to Americans generally. Custom House Reform. The recent unearthing and exposure of the great drawback frauds in the Custom House in this city will, it isto be hoped, be attended with beneficial results. We have had from time to time the courts investigating these frauds and kindred peculations in the warehousing, weighers’, and other depart- ments of the customs, Congressional investi- gating and retrenchment committees have sat and taken evidence, and reported, and imag- ined thatthey had thrown such light upon tho whole subject as could not but lead to the sup- pression of all imposition and fraud in the fature. But the evil would break out again and again, often in most unexpected quarters, and once more the public would be treated to the farce of a prosecution in the courts, ending, 4s usual, in nothing. The Custom House has been a big placer of late years for the sons, nephews, cousins, and so forth, of government officials, of reprosentatives in Congress, and of thatilk generally; and of course whenever an exposure of fraud or peculations on the part of the youthful scions was threatened or immi- nent the combined influence of all-the worthy elders was, like an wgis, extended over the heads of the delinquents to screen them from trial and punishment, But what law courts and Congressional com- mittees failed to suppress is likely to be brought about by the exposure—not of frauds against the government—but by eradication of the pernicious system of conducting the busi- ness of the customs which has so long pre- vailed, and which has not only tended to the demoralization of all who have ever come within its baneful influence as employés, but which has very seriously interfered with the revenue returns of the port. The ‘‘draw- back” and ‘‘warehousing” systems, adopted years ago to meet the requirements of tho times then, have become posi- tively obsolete and stand as actual obstruc- tions to the increasing business and commerce of the port of New York. In vain for years past have our experienced merchants—the most enterprising of our.commercial and busi- ness men—pointed out to Congress the evil and the remedy for this state of affairs. The rapid succession of collectors of the port, the majority of them appointed rather through political influence, or for individual services to the administration, than for any oapacity or fitness for the office, rendered a change based upon the experience of the evil and the known effect of a proposed remedy simply impossible. The consequence has been that, to avoid harass- ing delays and official circumlocution, im- porters and merchants of sterling honesty and purest patriotism have been tempted {o tam- per with the fidelity of Custom House officiala— in fact, to corrupt them by standing bribes to pass their goods in-or outof the department, as the case might be. But besides the evil of these two systems the whole general manner of transacting the business of the customs for years back has been wrong in principle and deplorable in its results, corrupting and depraving the officials, retarding the business and commerce of the port, and subverting the object for which the whole Custom House machinery was established—the increase and faithful collection of the revenue. The remedy for these evils will no doubt be found in General Merritt's (Naval Officer) report, made by him at the request of the Committee of Ways and Means of the House of Representatives, and in the suggestions he therein submits for consideration for a change in the customs revenue laws. General Mer- ritt takes up the two most prominent and important questions that present themselves for consideration in this connection— the ‘“‘warehousing system” and the “drawback system”—both of which he not only condemns, but submits strong and sub- stantial reasons therefor, He has evidently treated the whole subject with great care and attention, and his deductions and the sugges- tions he submits are worthy of the fullest con- sideration of Congress, It must be gratifying to the mercantile community that isunder the régime of one of the most respected members of their own body, Collector Grinnell, that this first great and important move has been made towards remodelling the principal ma- chinery of the customs department of the port, and in removing the fruitful source of all the corruption and fraud that so long found a local habitation and a name there. Let Congress at once take up General Mer- ritt’s report for consideration, and, acting upoa his suggestions, empower the Secretary of the Treasury and Collector Grinnell to abolish the twin relics of customs fraud—the warehous- ing and drawback systems, With their exit from the scene will disappear all the opportu- nities for traud that have led to such frequent exposures and degradations, if not punishment of Custom House officials in our criminal courts and the serious barrier and obstruc- tions to all honest and faithful collections of the customs revenue of this and the other ports of the country. The shippers, merchants, traders, and the whole business community, in fact, will look for short, sharp and decisive ac- tion on the part of Congress in this matter, now that both the bane and the antidote are before it. ee THe Rear Caszs—Juvex Carvozo.—Sudge Cardozo believes that Real ought to havea new trial, and his main reason is that on the trial already had the prisoner was not per- mitted ‘‘to show threatg of violence which had come to his knowledge, made by decensed against him.” Judge Clerke, in examintug the same point, says clearly, “Apprehension of a prewous threat does not justify homicide.” Therefore the testimony was immateria). If Real had been permitted to show that Smedick had threatened him it could not in the least have justified his act or assisted his case; yet because that immaterial testimony was ruled out Judge Cardozo would grant another trial. Cuasz AND Jonxson.—In the late olection for Mayor in Boston Chase was the labor ro- form oandidate, and Johnson the temperance candidate. Chase got 197 votes, and Johnson got 312, What a falling off for Chase and Johnson! The New York Drawback Frauds in the Canadian Courts, Mr. Richard B. Caldwell, of the late firm of R. B. Caldwell & Co., of Pearl street, stands charged with being one of the principals inthe conspiracy to defraud the Treasury by means of fictitious internal revenue drawback claims. He evaded his arrest by the not very incon- venient and not at all uncommon means of a speedy and clandestine trip to the neighborly Dominion of Canada, and. settled at the city of Prescott, inthe Province of Ontario, and became a freeholder by purchasing a saw- mill and a commodious residence, and carried ona large lumber business., But on Sunday, the 5th of inst., he was arrested in the dead hours of the night by Colonel Whitley, chief of the detective service of our Treasury Depart- ment, who was armed with a warrant for his arrest, issued by Jndge Coursol, of Mon- © treal, being aided by the High Constable and the police of Prescott. The officers with their prisoner took the early morn- ing train for Montreal. Caldwell, evidently &@ man of means, employed eminent coun- sel, and the usual remedy ‘in such caso made and provided’-—the- writ of habeas corpus—wWas resorted to, Tho hearing of the application for his discharge under this writ took place before Judge Mondelet, at Montreal, on last Friday, who decided to dismiss the writ on Saturday, and Judge Coursol, to whom alike application was made, rendered a simi- lar decision on Monday. The grounds of these decisions are of great importance to American officers seeking fugi- tives.from justice hiding in Canada. The dis- charge was sought on the ground that Caldwell was arrested in the province of Ontario on a warrant issued by 8 judge of the Provinco of Quebeo, but that the jurisdiction of the latter judge was bounded by the limits of that pro- vince, and that, therefore, the arrest of Cald- wellin another province was illegal and no jurisdiction over him was acquired by tho courts of Quebec. This view was thoroughly examined by Judge Mondelet and declared un- tenable, for the reason that tho first section of the thirty-first Victoria, chapter ninety-four, passed for the purpose of giving local effect to the Extradition treaty with the United States, was a broad measure, covering all tho pro- vinces, and the warrant of a judge of any one province empowered to act under the law ex- tended its force and jurisdiction over the entire territory of the Dominion of Canada. The arrest was, therefore declared legal and the prisoner held for examination. Two judges of different courts having concurred this case may establish a precedent for the future, and hencé its importance, as it is calculated greatly to facilitate the extradition of fugitive criminals, More of the Supreme Court in Congress. Mr. Drake, of Missouri, is the shallowest of the political philosophers who dislike the Su- preme Court of the United States and the restraint in which it holds that riotous spirit of lezislation which prevails in law-making bodies where one side has an overwhelming majority, He would like to govern, this country by such assemblies as governed France in the great Revolution; and when his assembly made @ law to cut off the heads of all its political op- ponents, then, if any court should interfere and say you have no right to make such a law, he would answer, ‘‘This is a law; we are the supreme power in making laws, and if you judges attempt to interfere we will cut off your heads too.” Mr. Drake admits that he has only believed this way for two years, but now he believes this way so strongly that he thinks a man must be a fool to believe any other way. He thinks, therefore, that he was a fool two years ago. People will only differ with him as to the time, Mr. Drake puts the case against the Supreme Court thus:—‘‘Does the consti- tufion vest in one body of men the exclusive power to make laws for the nation, and at tho same time vest in another body of men the power to annul them?” To hold that it does implies, he fancies, ‘‘a grave imputation upon the common senso of the framors of the conali- tution”—that is, if those old gentlemen really thonght, as Mr. Drake himself thought until two years ago, thon they also were fools, We suggest that Drake read the constitution. Hoe will find some excellent ideas in it ; but he will find nothing about a body of men empowered to annul laws. He will find that that body is a thing somewhat of his own creation. What he will find also is that the constitution has made good provision for the protection of per- sonal rights, and has established a court to try cages when such rights are invaded, whea the cases arise under the laws of the United States. In doing this the judges naturally examine the laws; but even then they never annul laws, for if they point out that Congress has somewhere transcended its power and assumed an authority over persons or things that the charter of its existence does not give it, they only point out that so much of a given statute is not, and never was and never can be law. The framers of the constitution seem to have supposed that the best Congress wa could ever get would still be composed of human creatures, and that in virtue of ita humanity Congress might be liable to error. They supposed also that the representatives of the people would be drawn from all the fields of national activity, that thero would bo mer- chants, miners, farmers, ship carpenters, shoe- makers, achool teachers, bankers, drovers, &c., and that Congress might therefore be an assembly not learned in the laws. Lest, there- fore, the crude decrees of such a body might oppress any man in his rights it was doter- mined that the people should always have an appeal to a given number of mon who have wade the law the study of a lifetime. That ts the way the people view the Supreme Court, and we do not believe that Drake's new discov- ery will make any other view popular, New York anp New Jerazy Ruvarian Rianrs.—The Now Jersey Central Railroad will have to walk up to the captain’s office at Albany and settle, or it will have to haul in its horns in the matter of its extonsive strno- tures on tho Jersey side of the bay. The company, on @ charter from tho State of New Jérsoy, is operating in the waters of the Btate of New York. The jurisdiction of this State, it seems, extends to low water mark on the Jersey side, Now, if the Jersey company comes into the New York Législature asking ‘for privilegos it will have to make terms with the great New York companies which own that honorable body, As it isa qneation of the

Other pages from this issue: