The New York Herald Newspaper, January 7, 1871, Page 6

6 PRINCE ERIE A PLACE BURTER. The Sait Against tye Albany and Sus- quchanna Railroad Company and Where It Shall be Tried. Arguments of Opposing Counsel as to the Lo- cality of the Trml—The Great Erie Mag. mate and Opera House Impresario Prefers Wow York Justice, and the Ramsey Coa- Mtion That of the Rural Districts— ‘Only the Beginning of the Begin- ning, with No Possibility of Pro. phecy xs to What the End Will Be. The argument upon the apreal ‘frem the Order of Pudge Braay directing the trial of the suit of James Fisk, Jr., against the Albany and-Sesquehénna Rail- ‘Yead to be held im Albany or Rensselaer county, whichever the piaintuf might elect—for the sake of Making #D appeal in the case the latter locality was shosen—-was heard yesterday, at"the Supreme Court, General Term, before Judges Ingraham, Barnard @nd Cardozo. Mr. David Dudley Field ma@ie the opening argu- ment. He began with stating, in his usual clear and succinct manper, the character of the Suit—that the plainudm, being the holder of stock ™ -the Albany and Susquehanna Raliroad Company, sued Ramsey and the other directors for alleged breaches of trust, charging, first, that they had sold to Groesbeok 4 Co. 3,000 shares of their took at $25 a share, when $100 a share was re- quired; second, that they had secretly, in the night tame, without noticé to the stockholders or other directors, subscribed for 9,500 shares, in order that they might vote upon them to carry the election for directors; that, in order to pay ten per cent upon them, they had * borrowed $100,000 of Groesbeck on a pledge of $150,000, of the property of the company, which had been embezzled for that purpose; that they had purloined ine books to conceal the transaction; that Ramsey, by direction of Judge Smith, had been voted $60,000 in money and a large Dumber of shares of stock, under the pretence of paying him for extra services in procuring State aid from the State Legislature, still he was re- ceiving a salary from the company as its president and for other purposes, and that answers maving been putin, some in March, some in August and some in October, a motion Was finally made on webalf of twenty-nine out of thirty defendants to change the place of trial from New York to Atbany, on the ground that there were twenty-eigns wit- messes for the defendants in Albany and twenty on ‘he bine of the Albany and Susquehanna Raliread. The motion was opposed on affidavit show- img that the plaintiff had sixty-three wit- messes in New York and three in Brook. lyn, and besides that the local influences in Albany would preveat a fair tal there. Having completed this summary he went on to argue that New York was the proper place to hear the appeal, made so by the tenth section of the Jadiciary act of 3870; that the order was appealable, having been made in disregard of certain well known rules of Jaw, euch as that all the defendants should jon in the application, or at least have notice of it; that the convenience of witnesses required the trial to be had here, and that the ends of justice would not be Promoted by transferring the trial to a place where the infuences were ull adverse. He therefore contended that the order appealed from ought to be reversed. He claimed that the appeal calling for such reversal was based upon uo mere technicalities, but that such reversal wa stheir substantial right. He dwelt with great cogency on this point, and at Various stages of the argument of course cited au- thorities establishing bis view of the case, Mr, Peckhain respouded with his asual charac- teristic freedom and boldness of utterance. Alter setung forth that this was an appeal made upon the pieadings and afiidavit of Mr. Kainsey he contended that the vital points in the case were very simple and easy of eiu- cwation. He urged that the putting in of a supple- mental complaint changed radically the issues in the ease and rendered necessary an alinost entirely dif- ferent course Of action and a@ different line of de- fence. He proceeded to point out these differences and how it became necessary to change the place of tal, All was done reguiarly. His first point was that the present coart had no jurisdiction. The order of Judge Brady changing the place of trial from New York to Kensseluer county was explicit and s order set forth distinctly that the F shall be and hereby 1s changed from o Rensselaer county. Tne cierk had neg- lransmi( the papers, but this made no dil- he order of the Court was in fall force. the clerk was responsible for his neglect, but if (bey were to Wait unUl his case was dispesed of it might be years before such culmination was reached. He next urged that the order was not Teot the recttais of that order, in case they would be of the opiuion that the word “election” sigitied what the counsel on the other side now contended tt did. ¢ ‘The Court reserved jis decision, THE LIBERAL CLUB. “The Urility of Gaths in Judicial Proeted! ngs.” Ata stated meeting of the Libera) Clut I#ut even- ing, im Plimpton Building, corner of Nath and Stuyvesant streets, Heary Wehle read & paper on “The Utility of Oaths in Judicial Procee#ings.” He said there was@ marked difference of opinion among learned men tn regard to the natere, force and utility of an oath, but all agreed ae to the charac- ter of truth which the oath seught to ensure, The natural tendency of the Maman mind was to speak the truth, which was the spon- taneous effusion of the humap mind, Truth was like the natural food eaten frem appetite; the He was like physic, nanseous te'the taste. Bentham said that even trom the mouth of the most egregieus Mar truth must have issued one hundred times for the once.a wilful falsehood bad taken its place. Tho law did not invariably entertain this view of truth, It supposed that truth, if it were in tne human mind, should be brought ¢o the suriace, as it were, by & precess of mining. lu ordinary affairs the as- sertions of men were taken for trath until the contrary was shown, but the law suppesed vat ie only channel through which truth could pass was that ef an oath. Yet.a dehberate Me, told in connection with the ordinary affairs of society, produced’ as much barm as was fry. th by adeliberate Me before a judge and @ a et aaa ry. The distinction the law made in investing a in one case with greater enormity, necessarily reduced the criminatity which ought to attach to it 30-the other, and failed to accomplish the desired vbject of securing greater veracaty in courts, The imprecatory Clause of an oath assumed that man can successfully tuvoke the Deity, thus ne nots 3 supersution and corrupting good morals, it assumed the Deity can only punish for tne crime of false oaths, or, m other words, punish for wilful ites, unleas particularly solicited. ‘ine oath might have been some use in former Umes; but its utility when it was first established is no argument for its utility at pre- sent, and even f:om its use in ancient times taere was an a nt rather fer its imeciency and imprac- Ucability, It was the institution oi men who used to -seil their on fellow-citizens into slavery when opportunity offered, and who believed it an trrefu- table proof of the uncnastity of a Woman whose feet had been burned by her walking on a red hot appealable, and he quoted various authorities su support of his theory. The argument of the op- Posing counsel was ingenious, but falacious. It was claimed by the other side Uhat they had a substan- tal right to have the trial here. In’ reply to this he getined, as laid down in the code und court deci- gions, the meaning of substantial right. It was not in the present case, he contended, a mere question flaw. Arter dwelling on ths point at some length be urged, as bis next point, that the plamuf kad Watved his right of appeal in eiecting the piace of Wial. ‘They’made the motion on the ground of couvenieuce to Witnesses. They Wisoed the trial t be ield in Albany. They did not wisn it to be held in Troy. This election was the plaints. His Honor Judge Brady allowed this electon, to remove ny doubts of an impartial trial. He felt satusfied dhat the plainiu? would meet with as fair trial in ene place as another, where his character and his outrageous robberies are known. The whole com- munity shared the feelings, im this re- spect, of the good and virtuous people or Albany. His next point was that the Jact that Herrick alone of tue defendants did Bot join 1u this Motion, did not vitiate it. The fact, be insisted, Was that Herrick was no defendant. He was, he alleged, in the interest Of the plaintiff. There was po prayer made for Lim. ‘here was asked no judgment againsthim. Bringing up this ob- jection Was only @ refined technicality, in which the ower side was so wont to indulge. Having Gnished up Herrick, he entered upon a de- fence of Mr. Kamsay’s affidavit of merita, which he claimed was fully in compliance witn any tegal requisition. As to the conveniences of the witnesses, he c.aimed tat, looking at the matter in ubis light, the trial shouid be held im Albany or Troy. All of a sudden Mr. Fisk had beceme very solicitous about witnesses. He wished to save thein trouble, His affidavit was only in keeping with his general character of impudence and faisenood. That afi- davit was liaise on this poini, and they would oniy apyly to him the oid Latin aphor- tsm—Faisus in uno, failsus in omnibus. Again reverlng W the affidavit of Mr. Ramsay, he r- tray ed ils document as a sample of legal compiete- nexs rarely to be found, and suowed how in fuiness and fairness of stacements it compared with the adidavit of Mr. Fisk. Again going back to the con- venie! ot witnesses, he insisted that wheo the Courts Cume to took at the matter honestly they wonld find that tne bulk of witnesses lived in Ai- bany and on the line of the Albany and Susgue- hanna Railroad. Altogether he urged, in conclusion, tuat every principle of right and justice called for the trial as stipulated im the order appealed from. Fo.lowing the example of Mr. Field he aiso indulged 2o liberal citation of authorities. Mr. Fieli responded. ide began with reading the jaw on the subject of appeals, and then wook up the polis of the opposing counsel one by one. The ob- “ction of the opposing counsel, that the appeal bad n Waived because rder, as resected by Judge Brady, sia.ed that t to have the place oF trial chaugeu to Kens: unty was, he ansisted, Most uulair. It simply confirmed, ne fart! urged, what he had stated before Judge brady on the resetiiem nt of We erder, and justified everyting that had been done to get that order co yuent mouon, It was a commentary on the criticism which fad been 1 respecting rese ent and ule subsequent appeal, ‘hat tue couns Ramsay had here done tue very psied they would ¥ gor ihe reset- Heady in the form in which be iveu it, He (ar. Field) hed gone back to Chaoi- tay on the hew appeal trom z new , onthe ground that the order of the 20th of y order. The other side had abused him for doing so. They now came into court and contended that it was a new order, an@ on that ground claimed fo put off the argument of the appeal unt vext term. Here, he stoutly averred, was wie grossest Again, at the resectiement, he (Ar. Field) wsisted that he mereiy essed hrs prefer- ence Of Kensselaer over A)bapy, and tbat the order ebeuld so state, because, us he predicted, if an elec tion fo take Kengseiaer Was stated im the order the uther Wouid 1usist On the appeal coming on to argued, and tRat ine plaimufl had waived tt by ‘ing. The other side opposed sach recital, as he vr Pred) claimed, and ete on Judge Brady io lake \jieir expression of elecitoa, and the Judge ac- ceved thelr requeet that an election meant ne more (hap a preference of Rensselaer over Albany; butnow, when the case cameon, the other side inconsistency. dia just what he predicted, anda insisted that the recital. in the order meagt, not iuat the plaatutts counee? had signifi this welerence’ of Rensselner over Albany, bus had Mjected to te Keuseeluer rather thab’ ang ether county in the State, This, he contended, was a gross Apconsistency fas. rversion of the order and # yosutication of all that had been done on the iin’s part, and which the defendants bad caused to pe 80 grossly assailed. In conclusion be asked the coprt o arr uy to follow up bis motion to gor ploughshare. The lecturer concluded with an in- teresting history of the oaths used under the Roman civil law and those of the English common law. The next lecture of the winter course will be de- liverea by Charles Moran on the “Division of Labor and Competition.” WOMAN SUFFRAGE. Stated Session of the Association—War and Various Other Subjects Considered. Rather a languid meeting of the New York Suffrage Society was held yesterday at their rooms, corner of Sixteenth street and Broadway. An ad- dress was read by Mrs. Whitney, in which the sub- Ject of war in its relations to woman was considered. The lady disclaimed any pretensions to being HORACE GREELY’S EQUAL IN BRAINS or knowledge of farming, but thought that she did Know why she wanted to vote. She didn't like to be involved in the consequences of wars brought on by ambitious poilticians, while she had no voice in the matter. Mrs. HALLOCK thought that it might bea good thing if women should tell men beforehand that if they went to war they must take care of themselves, scrape their own lint and make their own jellies. At any rate, she thougut that this would be as fair as for men to tell women that if they den’t fight they can’t vote. In whatshe said about mea she didn’t mean the representatives of tne sex who were present; she meant erdinary men, and these were extraordimary. She knew many women who had lost their lives in hospital service, and she thought that if men would fight 1ike dogs it was best to LET THEM GO TO THE DOGS. Mrs. SOMERBY thought tnat nothing wonld be gained by mixing women with politics under the resent régime, unless 1t hastened the general wind- ing up of the prevailing state of things, m which case she favored the introduction of the femimne element immediately. She wanted a new constitu- tion constructed by the united wisdom of women and men. She didn’t believe that women would get their rights by voting for them. HALiOCK Was of the opinion that if the votes of all the women In the country could be aggregated ata given election the moral influence would be IMMENSE} and that women must first get the ballot tn order to be able to uch government. A zealous friend of the cause asserted that there was no government. The so-calied government is not @ monarchy, and not a republic, aud he would be obliged to anybody who would teli him what itis. Dr. Marvin believed that it was of no use to denounce or ignore the gov- ernment, but to seek for their rights under it, and then use their rights for the well-being o1 all. Dr. HALLOCK quoted Pope— For modes of government let fools contest; That which is best administered 18 best. Mrs. Wilbour, Mrs. Blake and Mrs. Poole were an pointed as delegates to the Woman's suffrage Con- vention to be held in Washington on the 10th and 12th of January; after which the meeting adjourned to next Tuesday, when it is expected that many of the leading women’s rights women will be in town on their way to Washington. “THE BITER BIT. Card trom the Author of “the Spitetul Little Pamphlet.” To THe EpIToR OF THE HERALD:— In your issue of yesterday, referring to the “goiteful little pamphlet,” “The Biter Bit,” you state that “certain alleged tergiversations are all arranged tu appie-ple order by certain discarded employés of the daily luminary, the New York sun.” Had it only referred to myself I would remain silent, as I have during the past fortnight; but as it misrepresents one who 1s called away by sickness in his family, I deem it my duty to explain his posi- Uon. The Sun did not discard A. M. Soteldo; he discarded the Sun. Mr, Charles A. Dana has re- speatedly sent for him at his law office during the past month, but he would not come. His account for articles recently contributed to the Sun still remains unsettled. Concerning myself I will only ask the insertion of the following:— NEw Yorke TRIBUNE, April 27, 1870. My Dxan Stn—Iam directed by Mr. Greciey to accept Oar resignation of your position tendere o-day. Tn parting from you on the Zribune I desire to express our thanks for the zeal with watch vou have sought to advance our interests, gad the bope that your future may be brisht ant Brorperous, Very truly yours WHITELAW REID, Colonel James B. Mrx, I never was connected with the Sun nur desired @ position upon it, The pamphiet to which refer- ence nas been made by the Sun is a truthfal narra- tive, for which I alone am responsible. If Mr. Dana feels himself aggriev ed he knows his remedy. I have no desire to gratify his canioeity regarding my lewed biackmailing operations. I will give him sum- cient opportunity to prove his assertions at some future day. JAMES B. MIX. THE EAST RIVER MARKET. An Up-Town Rival fer Washington Market. The new East River Market, which was opened about two months ago, 1s now fairly established. It is sitaated on avenue ©, and extends the length of the block between Sixteenth and Seventeenth streets. It 18 one of the finest and most commodious in the city. It is extremely well ventilated and lighted, and its situation renders it easily accessible te the residents of the east side of the city. The building bas a front of 350 feet on avenue C, the entire length of the block, aud extends to the river buikhead, a distance of 165 feet, covering over 60,000 square feet, or about thirty city — lots. ‘There are 300 large stands, arranged on a sysiematic plan, and ali are occupiea. Many of the stand-hoiders were formerly of | Washington Market, but the great expense they were under there uecessitated a removal to a place where they would be under less expense and could | sell cheaper. The stands are well kept, and are supplied with meat, fish, vegetables, &c., of the best quality, Every variety of articies neces- sary in the housekeeping line are for sale. Not having to pa so much rent and MA bouus as the stand-holdere in Washington Market, anc geting their supphes in the same way as those dealers, they can atferd to sell much lower. The situation of the market also affords great facilities for receiving goods, as there is a large pier aud bulkhead in the rear of It, where they can be Janaed immediately from the boats without the trouble and expense of cartage. THE CHARITY BALL. The grand ballin aid of the State Bommopathie Asylum ior the insane will come of on Tuesday evening next, at the Academy of Musie. Mrs. J, J. Boosevelt, President, gives notive to the managers, ladies, gentlemen and doctors, to meetin the com- mittee room at niue P. M., to receive badges, torm roceasion and open the hall with a grand marcb. Jn connection With the ball the ladies issue an ad- dress as foliews:— Don't forget to buy tickets io this charity. The deplora- ble condition ee opel tee tie ni The uae] or bomaopathy ‘must see to it that tile work, sow ; ebali ay scbatantil biens! tec ‘Us hg fur and if ail es they will prove the most aveuesaty Dall io aid of charity ever gived NEW YORK CITY. General Lovalisms and Motropolitan News Items. ‘The following record will show the changes In the temperature for the past twenty-four hours in com- parison with the corresponding day of last year, as indicated by the thermometer at Hadnav’s Phar- macy, HERALD Batlaing, coreer of Ann street:— 71. 1670, 1871. 50 BP. . 46 oo 6P, 4 50 ~ 8 38 12 M.. - 460 46 4 38 Average temperature yesserday ae 44% Average temperature for corresponding date The Rev. Merrill Richardson lectured last even- ing on the “Origin of Man,” at the New England chapel, corner of Medison avenue and Forty-seventh street, The Thomas Foulke Association of ¢ne First Ward School will meet this evening, at the old school house, No, 97 Greenwich street, at @alf-past seven o’ciock, A union mutual devotional singing mecting will be held on Monday evening next at the old North Dutch church, corner of William and Fulton streets, at eig.it o'clock. Eight million four hundred and twenty-one thou- sand four hunared and twenty-seven persons visited Central Park during 1870, an increase of 1,070,470 over the previous year, ‘There were 53,939 Visitors on Christmas day, and on New Year's day, 66,260, Coroner Young was yesterday requested to hold an ingvest, at the Morgue, on the body of Peter Garcla, sixty-thvee years of age and a native of France, for whom “life had uo further charms,” and who committed suicide by swallowing a dose of arseatc. The grand prize distributiun in ald of the Union Home and School bids fair to be a great success, ‘The prizes are on exhibition at the store of the trea- surer, No, 631 Broad , Where the tickets are for sale, and where the drawing will take place as soon as the chances are diled. A jury was empanetied yesterday morning by Coroner Young, wo viewed the body of John Smith, who was Killed, a8 alleged, by the second mate of the Shatemuc, on December 23, and will make an anvestigauon of the circumstances on Tuesday next, at the Coroner's Onlice, City Hall. The slander case brought by the late editor of an evening paper against the proprietors of that paper was heard before Justice Quinn, at the Second District Court, yesterday. <A large amount of testimony was taken. The case was ciosed, and the Judge reserved his decision, Ellen Butler,.a woman thirty-three years of age, yesterday died in the Centre Street Hospital from compound fracture of both thighs and other injuries received, on the 4th inst., by failing from 9g third story window of premises 160 Greenwich street to the pavemeut, Curoner Young seid au inquest on the body. | In the case of Ludwig Emmerts, before Justice Fowler, at Jefferson Market, on Thursday, it ap- pears that the complainant, Rheinhold Globish, was mistaken in regard to the facts of the case, and that, on examination, Mr, Emmerts was immediately ac- quilted, and n¢t committed, as siated in Lhe papers of yesterday. Alfred CG. Shields, a middle aged man, on the 29th ultimo, while in the act of steppmg irom the,front Platform of a Third avenue car at Fifty-ninth street, feJl on the track before the wheel and sustained a compound fracture of the right leg, from which te- tanus set In and he died yesterday Coroner Young wil hold tue inquest, ‘The Lina Edwin Coterie enjoyed their first hop, at Apollo iiall, last evening. Pray was in his glory; Fort and Shay and the others enjoyed themseives hugely. The fair manageress alter whom thé Coterie 48 named was present, and by her vivacity helped to make the assemblage quite uvety. The hop was in all respects a great success, Commissioner Bosworth heard evideuce yesterday merning in a large number of cases of delinquent policemen. Officer Lantry, of the Eleventh precinct, was charged with intoxication and conduct uabe- coming an officer, on the 2d of January. Referred to the Board. Lewis Harris and wile; of No. 115 East Broadway, appeared before the Commissioner and charged Troundsman Thompson with conduct unbecoming an ofiicer, also with clubbing them without reason. Relerred to the Board, Lawrence Sullivan, who is under sentence of death for murder, lies at the point of death in cell No, 34, 1n the Tomps Prison, having abstained from food for some days. For some days he continued pacing his cell without sleep, muttering idioticaily. {lias been found necessary to strap lim down io lis bed and pad the wails of his ceil to prevent nim from dashing out his braius. His wife and sister are in attendance on tie unfortunaie man, His execution was xed forthe 17th of January, but he will probably be sent to Blackwell's Isiand as an idiot, if not released from death betore that time. The Rev. Dr. Hall delivered a lecture in the large hallof the Young Men’s Christian Association last evening upon “The Choice of a Profession.” His remarks, which were highly instructive, as well as enertaining and amusing, were intended more par- ticularly for the younger portion of his audience— jor these young men who have arrived at that inte- resting period in life when the cultivation of the “down” upon the upper lip is the height of their ambition. Tae Doctor gave them nothing but sound advice, which, if heeded, will deubtiess do them all @ vast deai of good. The festival of the Epiphany, known as “Twelfth Day” and “Little Christmas,” was celebrated yester- day in the Catholic and Episcopal churches, There were no special or peculiar services in the churches generally. The Cnurch of the Epiphany, on Second avenue, hear Twenty-first street, was handsomely aecoraied and a grand high mass was celebrated. The music was composed for the occasion py the organist, Mr. Aberle, and was sung by Mrs. Tread- Way, soprano; Miss Sayres, contralto, and Messrs. and Dr, Hasseltine, respectively, as tenor and basse. A sermon on the origin of tie festival was preached by tue pastor, Rev, Dr. Bartsell. EDUCATIONAL AFFAIRS. Annual Statement of the Brooklya sSuperin- tendent. The Superintendent of Public Schools of Brook- lyn, J. W. Bulkley, has just communicated the annual statement of the condition of the educa- tlenal interests of that city to the State Superin- tendent of Public Instruction. For the twenty- eight weeks comprising the school year, commenc- ing September 30, 1870, 799 teachers were employed in the schools of that city. The numberof children over five and under twenty-one years of age resid- ing inthe city is 185,769. There are forty-six free schools and ninety-nine departments. There are 22 private schools in Hrooklyn attende by about 26,000 pupils. The whele time’ the public schools were taught during the year closing September 80, 1870, forty-two ‘weeks and three days, 72,286 children —_attenaed the achoois; the average daily attendance was 35,220, There are 37,000 volumes in the public School libraries, valued at $50,000, There are six irame and thirty-five brick and stone school houses. The sites are valued at $376,000, and the school houses at $2,521,784. The total payments auring the year were $917,411. The number or scholars attending schoo! during the year in the county towns wus 3,101; teachers, 36; vaiue of school houses and sites, $4,150, EDUCATION IN JERSEY CITY. The Evening Schools Closed for Want of Funds. While the Jersey City Board of Aldermen have been providing amply for the treasury vultures known as contractors, they have reduced the appropriation tor public caucation far below the estimate presented by the Board of Education, The consequence is that the eveniug schools were Closed Jast evening for want of funds. ‘There is barely sufficient tunds to pay the Salaries of the teachers In the day schools, some of Which may be closed within the hext six’ montis. Yei the jobs in the Street Department are going along smoothly; the big Nicolson pavement job i Grand street 1s half completed; large sums are being expended in elevating Montgomery street, and the protests of the honest minority m the Commen Council against this jobbiug are unheeded. The city is threatened with lawsults, the public credit 1s 80 impaired that the city is on the verge of bank- ruptcy and the taxpayers are bending under the oad. THE ARREST OF PAT MACDONALD, No. 874 Warza STREET, Jan 5, 1871. To THe Epiror or THE HERALD:— Sin—On reading your paper this morning I per- ceived In it an article relating to “Pat McDonald’ being arrested in my husband’s house. Now,! beg to say inat 1 most emphatically deny such an asser- tion, and wish to refer to the officers who arrested him; and, further.ore, 1 wish to state that he was arrested on the next block tome. So, in justice to me ap tee hi ’ cleo ae “og Ad id please correct the error. aud oblige yours, MARY HADDER, NEW YORK HERALD, SATURDAY, JANUARY 7, 1871. BUROPE. The Cunard steamship Algeria, Captain Le Messtereur, from Liverpool the 24th, via Queens- town the 25th, arrived at this port yesterday, Her mail advices are two days later than those recelved by the City of Brussels, It is stated, apparently on good authority, that the Prussians have again prohibited the merchants of Champagne from sending their wine to Belgium for transmission thence to England or elsewhere, La Liberté says the foating population of Bor- deaux is daily increasing. It is estimated that al- ready 40,000 persons have arrived in Bordeaux with the government. The rmuor that Prince Charies of Roumania in- tends to declare the Danutan principalities inde- pendent of the Sublime Porte is declared to be ‘a pure invention.” Accounts from Bucharest state that the agitation for Roumanian independence 1s confined to the newspapers and is not supported by the government. Large cannon have been forwarded from Spandau during the past three weeks, and a few days ago two tratns from that fortress passed threugh Berlin, each having ten moitars of huge dimensions, with a proportionate amount of gigantic shot. Extraordi- nary numbe 8 of horses have also been sent on, and Berlin 1s just now more like a huge camp, detach. ments of landwehr, an full marching order, being met with at every step. BEFORE PARIS. Reception of Members of the German Parlia- ment by King William—He is Moved to Tears by Their Cougratulations—The Burn- ing of Happy Homes. VERSAILLES, Dec. 18, 1870, To-day the King of Prussia received a deputation of thirty members of the German Parllament who came to congratulate Lim on the honors tn store for him. His Majesty was affected to tears at the mani- festations of love and respect shown him by his faith- ful Commons, who had come all the way from Berlin to disport themselves in red and white and blue coats and continuations, ornamented with much lace of gold and silver, and crowned with cocked hats which were a wonder to bebold, His Majesty was duly supported by the princes of his house and by & miscellaneous lot of hereditary guards in their store clothes, who evidently considered the whole proceeding As entirely supererogatory ana in- consistent altogether with the divine right theory which 18 the rule of conduct of the head of the Hohenzolierns and his satellites, The spokesman of the deputation was Herr Simson, we same who offered the imperial crown to the late King of Prus- sia at Frankfort m 1849. After the ceremony at tae Prefecture the party proceeded to pay their respecis to the Crown Prince at les Ombrages, ln tue even- ing the King entertamed the gentiemen at dinner. To-morrow they are to make an excursion to St. Cloud and Sevres to see the sights, aud 1 ts just possible some of them may be killed or wounded, or, to say the least of it, badly scared, as the French are biazing away from Vaiérien agai, and if they happen to learu that the emperor makers are about they will probably pay them the compliment of a brisker fire than usual. Ou the 20th the Prussians will open one of their Rew batieries on Rosny or Fort de Negent, or poth. Whe battery 18 situated near to Neuilly-sur-Marne, ‘The deputation of the German Parliament went ous lo the front yesterday and returned without being shot or scared. Tuere was-a fire at St. Cloud, in which 120 villas were burned. These villas were sirategetlcal obstacies, and as the process of uc- molishing them was too slow for the 1inpatient com. mander of the line of defence, which they imped he orderea them to be burned—a proceeding whic! had the double advantage of being speedy and also vf giving us a prospect of materials for a sensational letter—alas ! to be destroyed by the simple history of the facts. It was only war. The houses were in the way and they must be got out of the way. They had been the happy homes of 120 families. But what of that’ If the happy families had been in them it would have made no diiference. ROME. The Grievances of the Pope—Cardinal Anto- nelli’s Circular to the Pontifical Nuncios. The following circular has been addressed by Car- dinal Antonelli to the Pontifical Nuncios:— THE VATICAN, Nov. 25, 1870, The sequestration of those journais which were the iirst in Florence, Turin and Rome to publish the Encyclical of the Holy Father furnishes a further proof of the loya ty with which the government of Florence intends to maintain the promises made aad the assurances given to the Catholic world when that government deprived tne Holy Father of the rest of his dominions, and to show more than ever what kind of independence and liberty is granted to the Roman Pontitf in the exercise of his Spiritual power, This unjustifiable and arbitrary proceeding affords the most convincing proof that the Supreme Head of the Chureh cannot be subject to any extraneous power, and that the state of things bronght about by the usurpiug government ts Intolerable, if it be really desirable that the voice of the Teacher of Na- tions shouid be diffused over the world. And thus it 18 that the fears entertained when tt became necessary te proceed to the publication of this Pon- Ufical act, and the precautions takea that it shouid evade the vigilance of the Italian authorities until it should be m the hands ef the Episcopate, find a complete justification in the action of the government, From this also may be judged what fats would be reserved for the Supreme Pontiff if he should, Snding himseif in opposiuen to the lay Powers, be compelied to condemn their acts. Signor Visconti-Venosta boasied of having allowed the pub- lication of the brief suspending the meetings of the Councli—a brief then rendered necessary by the political condition ef Rome, and the great wisdom of wnich has since been demonstrated. Let Signor Visconti-Venosta henceforth keep silent and spare the Catholics the necessity of reminding nim tbat the permission was given because the Pontifical act was most welcome to nis government, which could Ul telerate the reunion of the bishops and the benetit that the Church derived trom it. Yesterday was the anniversary of the execution of the infamous Monti and Tognetti, found guilty of having mined and biown up the Serristori barracks, in which twenty-seven persons perisned, victims of their ferocity. It was by the special mercy of Provi- dence that an entire battalion of zouaves, who had gone out on duty in the city, were not buried in the ruins. This dee, worthy of a horde of savages, and which, as a homage to civilization, it would be seemly to bury in oblivion, it was desired instead to celebrate with public demonstration With this cbject the Circolo Popolare (People’s Club) issued and posted up in the streets a mani- festo, in which the people were invited to meet in force, and proceed te the exhumation of the two corpses, and to transport them solemnly from St. Giovanni Decoliato to St. Lorenzo al Campo Vac- cino, and an open subscription was announced to collect the offerings destined to erect a monument in their honor. It is owing only to the urgent re- monstrance of the Brethren of the Holy Contrater- nity of St. Giovanni, and of other respectable citizens, who invoked the intervention of the troops, that # demonstration of tnis shameful character was not made. It 1s sufficient to mention these facts to show the degree of moral civilization to which it is intemded to jead the ple. And we must be permitted to ask those who dare to maintain that the personal liberty of the Pontiff is in no way clogged it the Supreme Teacher of the principles of justice, if the Severeign of this Rome, could with pee go about among those who decree honors for and rejoice over and laud to the skies all who have been, and all who still are, his most rabid enémies. The French revolution of the last century, 1t horrors and its 0} are only to be compared with what on in this miserable city since the entrance ef the italian troops, With expressions, &c. Sa G. ANTONELLL LUXEMBOURG. Text of Bismarck’s Circular to the Luxem- bourg Government. The following is the text of the note addressed by Count Bismarck to the Luxembourg government: — VERSAILLES, Dec, 3, 1870, The undersigned, Chancellor of the North German Coniederation, has the honor to address the follow- ing communication to the Grand Ducal goverament of Luxembourg:— At the outbreak of the war, the government of nis Majesty the King. declared tnat tt would respect the neuirality of the Grand Duchy of Luxembourg, pro- vided that it would likewise be respected by France, and, as a inatter of course, observed in good faith by the Grand Duchy itself, His “Mayesty’s government has faithfully adhered to this promise, and gone so far in its considerations ag to subject itsel! to ail the inconveniences of the transport of wounded, imposed upon {t by the pro- test of the French government against the proposed transport of the wounded through Luxembourg ter- ritory, His Majesty 8 government sincerely regrets that neither the conduct of France, nor of Luxem- bourg has guswered its expectations, Numerous cuses In which the hostiie disposition of part of the population has been evidenced by personal ill treat- Ment of resideat German ofticlals may be passed over unmentioned, 1n order not to make the Luxem- bourg guvernment responsible for the misdeeds of individuals, which ceriainly merited a more severe repression than has been dealt out to them. But a glaring instance of breach of neutrality has occurred with respect to the fertress of Thionville, which was provisioned by railway trains irom Luxembourg over night as long as the fortress was hed by the French. The Grand Ducal government, while expressing is regret at uhis incident, has not been abie to deny the fact; and itis established beyond doubt that the despatch of the necessary railway trains to ‘Tmon- ville could not have taken place without the con- nivance of the Grand Ducal railway and the police authorities. His Majesty’s government al: ly on that occasion complained to the GrandyDueal govern- ent and drew attention to the consequences Which must necessarily resnit from snch @ lime of condnet, This Warning, Lregret to say, has net been re- arded. On the contrary, the breaches of pentcaity ave recently assamed proportions which render It impossible for his Majesty's government to disregard them any longer, After the capitulation of Metz, large bodies of French soldiers and officers passed through Laxembourg in order to re-enter Freuch territory and te evade the lines occupied by German troops. In Luxembourg itself the resident French Vice Consul established a regular office at the railway sletion, where the (fugitives were supplied with means and certificates, enabling them to con- tinue their march into France, and to join the Army ofthe North, ‘The number of combatants added 1 this manner to the French military forces amounts, according to the statements received, to upwards of 2,000 men, No measures to prevent thls have been taken by the Grand Ducal government, French military'men have neither been interned nor hin dered in the steps taken by them to return to France with the openly proclaimed object of taking part in the war against Germany, Nor have any difiiculties been placed in the way of the French Vice Consul in the measures which he has taken in anally open defiance of the neutrality of the Grand Duchy. There can be no doubt that a flagrant violat.on of neutrality fi been committed by this paneee of military men through the Grand uchy with the object of joining the active army of France, by the facilities oMeciully atforded them on the Dah of the oificials of the French gov- erbment, and by the conduct of the Grand Dieal government in suffering such proceedings. The conditions with which the King’s government was obliged to couple its observance of the Grand ity are, therefore, unfulfilled, In consequence thereof, the undersigned, by order of his Majesty the King, has the honor to declare to tne Grand Duca) government that the government of his Majesty on its part no longer considera itself bound by any considerations connected with the neutrality of the Grana Duchy in the conduct of the mulitary operations of tne German army, and that it reserves to itself the right of Pesmpeutas its claims against the ernment of the Grand Duchy for damages led upon it by the non-observance of neutrality, and of taking the necessary measures to secure itself against stmtlar occurrences for the future, The undersigned has the honor to add that the governments which signed the Treaty of the 11th of May, 1867, have been Culy mformed of this fact, and he at the same time takes tis opportunity to genew the assurances of his distinguished esceein, V. BISMAROK. OUTRAGES IN SOUTH CAROLINA. Lawilessness in Union County—Murders by the Negro Militta=A Sheriffs Posse Ke- sisted and an Officer Killed—Fatal Affray in Edgefield County. RicnMonp, Va., Jan. 6, 1871. Accounts received here from Union county, South Carolina, state the most intense excitement exists there, owing to aseries of blooay murders, the re- sult of lawlessness on the part of the militia, It appears that a few nights since a drayman, named Mat Stevens, was waylaia by a party of twenty-tive armed negro militia, under command of a despe- rado named Captaim Walker, Stevens had in his cart at the time a barrel of whiskey, which the negroes demanded. He gave them a bottle, but, not content with that, they asked for more, and were refused ina determined manner. A volley of bul- lets, which killed Stevens, was the 1m mediate repiy. Acompanion of Stevens named Rovertson, who Was with him, succeeded m escaping. Tue next day the murdered and muulated body of the dray- nan wasfound about two hundred yards from tne highway, lying across two of the breech-loading mus- kets used by the militia, Upon the information given. by Robertsou warrants were at once issued for the arrest of the negro members of the militia engaged mm the murderous affray. Deputy Sheriff Smith organized @ posse and proceeded to capture the alleged murdeiers. He succeeded in arresung seve- ral without being molested. until they came to a house occupied by three negroes named Ellis, all of whom refused to surrender and fired upon the Sheri’s posse, killtng one white man, wounding another and a negro. The Deputy Sheriff 1s also Said to be wounded. Finding that desperate mea- sures were about to be resorted to the negroes at length surrendered. Walker, the militia captain, ‘Was arrested while endeavoring to escape en a train. One of the arrested negroes charges him with the Mstigation of the whole affair, and another negro has arrived in Columbia with the intention of lay- ing the whole matter before the Governor, who cor- roborates the statement ef the other. A telegram states that Captain George Batler, of Edgefleid county, brother of Generai C. Butler, was shot and killed during an altercation of a pri- vate nature by @ young man named Winsiow Ha uil- ton, of the same county, near the Savannah river, on Monday last. NAVAL INTELLISENCE. The United States Sloop-of-War Michigan in Winter Quarters. The United States steam sloop-of-war Michigan is lying up, ice-bound and “housed over,” at Erie, Pa. She has made her winter quarters at that place for the past twenty-five years, until in fact the people of Erie have grown to regard the Michigan as the property of the State of Pennsylvania. One winter, several years ago, the Michigan Was quartered at Buffalo, anc the Erie peopie complained bitterly of the absence of the rood ship from her wonted winter berth at their hospituvie docks, Captain Brown at present commands the Michigan, There are men among the crew who have been attached to her ever since she was built, and whose sons are now serving on board as ordinary seamen. Aitegether she is one of the institutions of our navy, and a popular cruising home at that. Naval Orders. Passed Assistant Surgeon D. McMurtrie ts ordered to the Naval Academy. Assistant Surgeon Jerome Kitider 1s ordered to the Naval Hospital at New York, Lieutenant C. M. Anthony has been de- tached trom the Idaho and placed en waiting orders; Master Charies P. Hutchings, from the Asiatic fleet and placed on waiting orders; Passed Assistant Surgeon W. 8. Bowen, frem the Naval Hospital at Chelsea, Mass., and granted leave; Passed Assistant Surgeen James Fiint, from the Naval Academy on the 14th inst. and ordered to the Boston Navy Yard: Passed Assistant Surgeon Wins- low, from the Bostou Navy Yard and ordered to the Cuelsea Navy Hospital. SNEAK TBZiEVES ABROAD. Second Story Robberies—Eieven Hnndred Dollars’ Worth of Property Stolen. The Twenty-first ward, which has rarely suffered jrom the raids of the thieves, was on Wednesday night the scene of an extensive house robbery. Between six and seven o’clock in the evening, while the mem- bers of the family were at supper, @ sneak thief effected an entrance to the residence of Mr. Charles H. Gardner, No. 61 Park avenue. Proceeding to the second floor the thief forced open a bureau drawer, iu which were valuable jewelry and twe flity dotlar billa, which he appropriated. Tue jewelry stolen consists of a gold and diamond breoch, one pair of gold earrii two gold bracelets—one of tor- quay and peari—one pair of gold and pearl ear- Tings, one set of gold pin and earrings, one coral breastpin, a set pin and earrings of cameo and three lace shawis. The value of the bedehan? Bl shawls 1s $1,000. After securing the booty thief made his escay A former employé of Mr. Gardner was arrest on peapeton. but Hag his innocence, was released, ptain Clinchy and his officers are endeavoring to arrest the real culprit, with some chance of success. Another Second Story Case. While a family residing in Kast Thirty-fifth street were at dinner, on Thursday evening, a sneak thief entered the house im some way unknown and ob- tained access to the second story. The thief fas- tened the doors of the rooms on the inside by plac- ing furniture against them, and had commenced to stow away the property and valuables which the bureau drawers contained. One of the ladies of the household, happening to need something which was in one of the rooms, repaired thither, and finding the door fastened on the inside, gave an alarm. This brought one of the gentlemen down from up stairs, ‘who burst open the door in time to see the thief drop from the lintel of the window on to the front stoop and escape. THE “GAS PATENT” ALLEGED SWINDLE, On the 24th of December jast J. Edward Ireland, a resident of Mount Vernon, Westchester county, was arrested in this city, on a warrant issued"by Justice Dowling, for alleged false pretences, having been charged by one (0. F, Dunderdale with obtaining, under fraudulent representations, an assignment of certain patents for a ——_ of generating gas, the value of which was placed at $50,000, The accused, who, it may be stated, waa arrested while in the act of proceeding home with the customary Onristmas cheer for his family, was forthwith lodged in tne Tombs, where he remained until the Sta inst, when he succeeded in obtaining a hearing before ‘Justice ae which resulted in his being honorably dis- charged. SUDDEN DEATH OF A LITERARY GENTLEMAN, Among the cases before Coroner Young at the Morgue yesterday was that of Mr. Buckingham Smith, @ well known literary gentleman, late of 261 West Forty-second strect, who died suddenly in one of the up town streets, ‘An examination by Deputy Coroner Marsh showed that death resulted ro. heart disease. Deceased had been State Senator in Florida, Judge of an interval Revenue Court, Secre- tary of Legation in the Spanish Embassy, when the war broke out Mr. Smith was Chargé @’Affaires to Mexico, He had been complaining for some e. COURT OF APPEALS CALENDAR. ALBANY, Jan. 5, 1871. The Court of Appeals calendar for Saturday, Jan- uary 7 1s as follows:—Nos. 27, 42, 43, 45, 47, 48, 49, 50, 52, 63, 65, 66, 57, S®aud 5%. There will be ‘no alternoon session, “MEXIOO. Political Affairs in th Republic. f Ney, Resignation of the Minister of Justige— The Wife of President Juarez Quite Ill—The Election of City Councils—Decision of the President— Close of the Session of Congrese—Treaty with Italy—Telegraph Arrangements, Mexico, Dec, 20, 1870, Sefior Iglesias, the Minister of Justice, has re- signea, owing to the election and to dissensions in the Cabinet, The wife of President Juarez fs seriously indis- boxed, and itis thought she will not recover. Two city councils, representing the Lerdo and Juarez parties, have been elected, Juarez, however, has decided that the old Board of Aldermen shall continue In office, While this decision disposes for a time of the difficulty presented by the election of two boards of eity council, 1t does not give satisfac- tion to the friends of the candidates chosen by | either party. Pedro Velez, Governor of the district, has re- signed, owing to the dificulties with the election council, and the resignation of Lerde is expected datly. Juarez will be a caagcidate in the Presidential campaign, and his election 13 considered certain. Diaz has gone to Oaxaca. ‘The sessions of Congress were vrought toa close on the 15th of December, when the President (Juarez) made @ specch, in the course of which he said that the treaty of commerce and amity be- tween Mexico and Italy had been signed by the latter Power. The Speaker of Congress subse- quently remarked that botn Congress and the Presi- dcnt deem the present a suitable time for Mexico to resume her former reiations with foreign Powers, or to form new relations, precedent to an interchange. of representatives. Foreseeing the probable condi- tion of affairs, and with a view, perhaps, of allaying the apprehensions of the public, the Speaker. algo said that it behooved him to deny the truth of re- ports in circulation that troubles are expected to arise out of the ceming elections. The representatives of the Western Unton Tele- raph Company are to meet the representatives of ihe Mexico and Matamoros Telegraph Company and arrange for a connection of the lines of the former company with those of the latter, ‘The insurrection in Guerrero is waning, and is even now perceptibly diminished in its proportions. The commerce of Mexico witt Matamoros and Tampico Is pinerenalee and business has correspond: ly revi "F he revelutionists Garcia and Cadena have availed themselves of tie proclamation of amnesty. Other political offenders are likewise availing them- selves of the national clemency, and are restored to their former condition in the State. ‘The new Chihuahua placers are said to yield an abundance of the precious metals and to reward liberaily their owners, Whv are having them worked extensively. HAYTI. The Country Quict—-Heavy Rains—Much Damage—Distuibed Currency—Great Cele bration. Port aU Prince, Dec. 22, 1870. The whole country is in astate of tranquility. Heavy and continuous rains in the North have caused great overflows of the rivers, thereby causing serious damage to the cultivated fields. Coffee is coming in very slowly, owing to the increased value of the piastre, which has gone up from 210 te 260, On the 18th there was a great celebration in honor of the landing of Cacos in the capital and the downfall of Salnave. ST. THOMAS. Report of the Salt Crop of Turks Island. Sr. Tomas, Dec, 81, 1870, Reports received here from Turks Island state that there is plenty of salt on hand, but no vessels to take It away, The bark Centaur, from Liverpool for New York, with @ cargo of hardware, has arrived here leaking’ and is discharging. ‘The steamers are preparing to lay the telegraph cable to connect Porto Rico and Jamaica with Havana. King’s Day is celebrating by the negroes and busi- ness 1s enurely suspended. PORTO RICO. The Sugar Crop. Mayaquez, Dec. 28, 1870. The coming in of the sugar crop 1s mach delayed owing to the very heavy rains, which nave effectu- ally prevented the planters from commencing thé grinding. VENEZUEL . ‘s Surrender of Maracaibo. Caracas, Dec, 24, 1870, The surrender of Maracatbe and the forts sur- rounding the town is confirmed. The navy hag also surrende&ed, and now the whole republic is in the hands of Guzman Blauco, who has hopes of @ lasting peace. THE NEW JERSEY L GISLATURE. Programme for the Session—The United States Senatorship—~Renewal of the Rail- road War. Both houses of the New Jersey Legislature wilt meet next Tuesday. ‘Trentsn already exhibits symptoms of activity, the hotels being almost fally occupied by members of the Legislature, lobbyists, railroad men, municipal committees and parties who have in some way or other an axe to grind. To some of the lobbyists the evening session will be unusually protitable. THE GREAT RAILROAD WAR of the last session between the Camden and Am- boy and the National line to Philadelphia will be re4 newed, and each party is actively preparing for the struggle. That the monopoly will lose prestige in the fignt there 1s little doubt, for it was beaten three times at the last session, and, che work om the national line belong mapped out and actually in Progress, the monopoly might,as well try to dam the Hackensack as to prevent the constraction of the new line, which, 1 1s guaranteed, will bring a saving of one hour to passengers pctween New York and Philadelphia, The monopoly will be engaged also in a fight with THR JERSEY CITY AUTHORITIES on the question of local taxation. It is held on the part of the city that the property of railroad com- pantes is as liable to taxation as any private property; but the monopoly has always managed to control the Legislature so- as to secure the exemption of the railroad property held by Camden and Amboy, The Erie Railway Vompany, taking advantage of this special legislation, secured the passage of an act last session exempting their pro- perty, also in Jersey City, thus imposing an ad. ditional burden of $45,000 @ year on the taxpayers, ‘This measure EVOKED SUCH INDIGNATION that every public man who was known to favor it was condemned to the political guillotine and the democracy was hurled from power. A bill 1s to be introduced this session, subjecting railroad property to the same burdens as that of private citizens, and the result will be awaited with interest. ‘Che rall- roads will fight with formidable weapons, but op« Posed to THE MONEY BAGS i will be the compact, undivided municipalities, which will have their revenge on the men who i a tosell them. ‘This question suggests that of 18 NBW CHARTER FOR JERSEY CITY, which is occupying the attention of the wisest men in that city at present, The existing charter has so many defects tnat a citizens’ convention meets every week to discuss amendments, THE UNITED STATES SENATORSRIP isthe most Preseng question of all, The election will not take place for cwe weeks from the meeting of the Legislature; but in the meantime re balloung in caucus will be lively, Every it be« comes plainer and Sonmed that the con- test will be between aysen and Walsh Cortlandt Parker, of Essex; on the final ballot. Jarrard, of Middlesex; Dudley 8. Gregory, of Hud- son, and probably ex-Governor Newell, will receive “honorable mention” on the irst ballot. It was tapered, among the politicians yesterday that Wi had compromised with Frellaghuysen so to allow the tater to walk over, on the condition that the former shall be egg for the next guberna- torial nomination, Such a rumor may, however, be unfounded, 1 another bone ‘of contention, ‘The Eastern men ano! e of cont tern have united upon Sanxay, of Essex, and confident of success since the chairmanship tus ’ mden. This Senate is to be awarded to Bettie, of Cai compact will, itis expected, secure harmony.