The New York Herald Newspaper, January 22, 1871, Page 4

WITHIN THE WALLS OF PARIS. How the First Day of the New Year Was Welcomed, Jour de PAn—Paris As It Was and As It Is. How the People Fare—Starvation—The Death of Castor and Pollux, TROCHU,Y Panis, Sunday Night, Jan, 1, 1871. Among the fetes de famiile which are most hon- ored in France none is so much respected and wel- comed asthe Jour de ’An—the first day of a new year. Inthe happy and tranquil times from which ,._J We Row seem so tar removed the boulevards, dur- 2 ‘ing the latter half of every December, were wont to assume a strange and abnormal air. Everywhere upon the sidewalks or trot‘otrs \ittle wooden buts spring up like mushrooms, filled with every conceiv- ‘ able sort of cheap and attractive wares, ef such a mature as might tempt lovers to buy éfrenves or New Year's gifts, for their mistresses, fathers and mothers, to carry tuys or cheap Jewelry or engrav- ‘ngs home to their children. But among many other gay objects which caught the eye none were 80 Conspicuous as the brightly-decked shop windows Of the jewellers and confectioners. “Un petitcadeau entretient Vamutié,” says the French proverb; and ‘when the FIRST DAY OF BACH RECURRENT JANUARY comes round, the ricn and fashionable denizens of Imperial Paris spent yearly thousands upon thou- sauds of pounds in giving presents to their friends. In nine cases out of ten these presents are given by men to the fair sex, and I might add that in nine cases out of ten they took the form of most elaborate boxes or beehives of sweetmeats. I have known &8 much as £300 given for one of those fanciful bon- Donntéres, bought from a tashionable confiseur in the Rue de la Paix. It was the custom of many of the wealthiest agents de change, and the luckiest Speculators of the fallen empire, to spend two, three, or even five thousand pounds in distribating ) Gtrennes among their fair acquaintances. Never Was the devotion and gallantry of Frenchmen so Markediy exhibited as upon the Jour del’An; and in no civilized country 1s THE EMPIRE OF WOMAN more undisputed than in France. “Here alone,” paid the great Napoleon, writing from Paris to his brother Joseph tn 1795, “of all places upon earth, ought women to hold the heun—so mad are men about them. A woman should pass six months in Paris to learn what her empire is. Men here think Of nothing else, live for nothing else.” It was re- marked by that long-lived and faithful chronicler of chit-chat, Miss Berry, that in 1814, shortly after the disastrous batue of Leipsic, the New Year broke without any inhabitant seeming to be aware that the Jour 4. V.4n had arrived, No presents were in that fatal year interchanged between friends, The wars of the First empire had driven ali the old and rich families of Franco—legitimists , ‘and © anti-imperialists in politics—away from their ancestral hotels in the faubourg St. Germain. Conscription after conscription had drained the lile- blood ol France, and 2 man has but to read the best of the admirable novels which we owe to Erckmann- Chatrian—“L'Historian d’un Conscrit de 1813"—in order to see, even before Lutzen, Bautzem and Leip- fic, what was the exhaustion of the couatry. ‘Heavily breaks the dawn of 1814,"’ wrote tue lady to whom Horace Walpvle proposed, and of whoin Thackeray said that, When snaking her by the baud, he seemed to hold on to the days of Queeh Anne anu Of Ue frst George. But if Miss Berry had lived to pass the first duy of 1871 in the French capital she ‘would at once have admitted that witmin tue nine- teenth century Paris has seen NO OTHER SUCH JOUR DE L’AN. In ordinary times the accidental coincidence Which caused the first day of we new year to fall upon Sunaay would have made light-hearted and invelous Paris gay to tutoxication. The streets would have swarined with life; the theatres would have bees choked; the eyuipages upon the boule- vards and Champs Eiysées would have been nume- Tous as upon tie Derby Day at Epsom; the voice of fuirth and jaughter would Lave ascended to heaven. Zo-day the boulevards have been silent, the shops have wil been closed; a raw, dark, chilling atmos- phere bas brougit down the leaden clouds till they Beem to toucu our heads; there 18 as much disposi- fon toward mirth erriment as at a Quaker’s funeral This ever ere have been a few excited knots or gatherings of people upon the boulevards, a from all of them issued cries, not loud but deep, o “A BAS, TROCHU !"* Nowhere did I see the least disposition to cry “Five Trochu 1” Not a single voice was uplifted to exclaim “God bless hum |” Not that I would have your read- ers thimk that we have yet approached the time when any one openly talks of capitulating. The anger against Trochu is because he has done so little, because he tas caused so little Parisian blood to be sned, Uniess the temper of this populatien, which, proverbially fickle as it is, seems for the last three months to have lost its fickieness, changes like the wind, 1 do not think that we sball surrender until we have literally eaten our last crust. FOR THE LAST 81X WEEKS the meat distributed among the poorer classes has been one quarter of a pound every three days, and all of it, be 1t remembered, has been horse. J leave it to your readers to determine how long Lonaon could hoid out upon @ pound of horse as the tweive days’ portion of every adult. But here, although the sufering has been fearfully augmented by the intensity of the cold, hitherto bardiy a voice has been raised im favor of submission. Our étrennes buve been changed from wa:ches and bon»onnteres tote boxes of meat, lozenges and gallipots iull of esseuce of soup. The most fashionable shop in Paris of 1570, whereat tre most exquisite Donvons and trtumpbs of the coniectioner’s art were last year purckased, has this year put ferth its list of étrennes. FIRST ON THE LIST STANDS, “A large assortment of legs of mutton at 100 frances {or $20; per leg;”’ **a whole salmon, potted or canned, and quite fresh, 200 francs (or $40: “boxes of meat lozenges {from 10 francs te 60 francs;” “pates de foie gras de Strasbourg trom 50 francs to 600 {rancs;"’ “sausages from Lyons, Bologna or Bayonne from 10 francs upwards,” ana s0 ou through an elaborate catalogue. We are eminently practical this year, even in our presents. A lover cannot better com- mend himseif to his dulcinea than by sen¢ing her a few vons of coke or a few hundred logs of wood. A Yorkshire ham ora side of Wiltshu A coupie of fat white mice would eb accepted avec efusivii—not to be keptalive ag a 18, but to be eaten dead, sautés a la sauce ma tas buta few days since I saw a National Guard pounce eagerly upon A DEAD SPARROW, tying under one of the trees in the Champs Elysées. The poor bird had probably been wounded by one of the many boys who are incessantly engaged in la chasse ux moincaus. When the lucky warnor descried pis prize he exclaimed rapwurousiy, * Vola pour ma semis." All the iriendsbips which we now centract in Paris are what the French call amitiés @estomac. 1 know an Engiwh lady ‘who received shortly before tue siege a large con- Bignment of potted meats from England. The cold Australian corned beef 1s excellent, and the canned patel mutton put one out of conceit with every- thing served up at a restaurant. This lady has given oe few small dinners to her friends, and she says the punctaality with which they render wetr visites de , in the hope of receiving future favors, 1s quite touching. In short, everything that can be eaten and everything that can be burned ws being turned to account. We have JUST KILLED CABTOR AND POLLY: the two elephants lately installed at the Jardin 4’ Ac- climitation, aud upon the Lacks of which, in ha! pier tlines, 80 many children of all ages and sexe used to takea ride im tie Bois de Boulogne. Tue description which the Geulois gives of their slaugb- ter is in the highest degree epic. It was anticipated . Saat, following the example of their wild brethren, whose fury When wounded 1s terrible, Castor and Poliux, if not instantly killed. would burst loose from their prison Louse and scatter destruction far gua wide. But tne poor showed po more fight than an expiring sheep Pollux was the first to fall, done to death by an explosive bullet, the triumph of the great gun- maker's (M. Deview's) skull Phe ball struck behind Aue right shoulder, au ursting internally, pro- duced a terrible hemorraage in the bowels. The huge beast bore the wound patiently, and, after my Gooding his caye with viood, expired without a - le, Castor was slain by a yobng Engiishman, Mr. Milne Edwar who atmed at the head in pre- : ference to ihe h The first ball struck on the te vempie, and tor, afier a sbrill cry of sur. and pain, sank upon his knees. The second tetruck him in the centre of the Uitie hollow fhe fol dead instantly. Yonigit “— THB RESTAUNANT aT PFTER'S, in the Pass: les Princes, is crowded with French animal. have jost met an English friend who Binet inere, aud dino says that eaten wot, or rather by, esuce Mad re, “castor! was, dele pious, “A la sauce Madre,” rays we old Fre! “on mangerait son crand-pore.” “But? the Gaulois, “Castor and Pollux were only six old, and, inasmuch us the elephant lives & Fears sud more thay must be regarded as cavern, sunk into the forehead, and upon receiving | butcher's shop as the corner of the Rue and the Rue Neuve St. Ai ® THE TWO POOR BRARS ime jardin des Plantes—old favorites of the Parts- tity hideous, smashed by the butcher's axe, slain these two harmless beasts as eleméi mentation. “Would that I could seo Bismarck and Moltke with their heads thus ex 7 paid ‘ving by their deaths.” may make m and greet the coming with acclamations Magrim, the Minister Agriculture and Commerce, has announced in the urnals that he will today disuribute among the ments of 104,009 ktlo- es of Beoriens preserved beef, 62,000 kilo- es of dried haricots, and @ like number of Nogrammes of olive oll, green coffee and choco- late. You will thus see,” adds the Minister, ‘‘that our magazines are not yet empty, although we have been drawing upon them since the 17th of Septem- ber. Our enemy cannot Pd our feasting the new year and retainu ‘he most unalterable ith in the deliverance and regeneration of our country.’ FISH’S OPERA BOUFFE. Why “Erie” Did Not Go to Philadelphia— The Academy of Music Couldn’t Stand His it Wouldn’t Give Him - PHILADELPHIA, Jan. 20, 1871. Fisk has vainly essayed on two occasions of late to introduce opéra bouge at Philadelphia, but success seems to have deserted the Admiral in his efforts to taint the moral atmos- phere of the pure and respectable Quaker City. He first “went for’ the Academy of Musio; as this place was engaged some time ahead it was impossible to let 1¢ at that time, and the directors, through thelr secretary, politely informed Fisk of the state of affairs. Erie, fancying that the reply of the directors contained a hiden sneer at overa Doufe as @ strictly moral style of amusement for Philadelphia, retorted in a very severe and would-be sarcastic manner. He promised the man- agement to have opéra douse remodelled and ele- vated to une Philadelphia standard before ing to Introduce 1t, and ended by sarcastical img to Philadelphians generally, aud the directors of ‘the Academy of Music in particular, as aset of “BENZINE GALOOTS,”? I regret to say that the frisky Fisk totally mtsun- derstoou ‘he tenor of the sécretary’s letter. Yet, after his bitter reply, the Academy ef Music and the citizens uf Pilladelphia would receive opéra bouge with open arms. jay-goers are abselutely suffering for something sensational. James may bring his “bouffcrs”’ along with the assurance of @ successful three weeks’ run; no longer. Philadelphia can’t stand the naughty, naughty opéra douse longer consommateurs, eager to tasie the flesh of @ new | ty, than that. ‘inding it impossivle to secure tbe Academy, an agent was patched with propositions for the @hestnat, but bis ideas regard- ing shares of profits were too outrageously Fiskian. Davenport, had he yielded, might just as weil have set himself out in the gutter whlié Fisk remained, for, under the arrangements proposed by Fisk’s agent, Fisk would have the money and Davenport the honor! “THE PRINOB OF THE HOUSE OF ERIE” will do a wise thing if he makes another break for the Academy of Musio; ‘mow 1s the accepted time.” THE CHESTNUT has risen, in a great measure, frem the slough of degpond since Davenport leased it; he proposes to offer legitimate drama only, and on this he intends to make or break. Judging from his success thus far, his efforts will be rewarded. THE AIR LIVE RAILROAD. <“SSoror From Washington te New York—No Inten- tion on the Part of Its Corperators to Build It—A Pennsylvania Central Job—The Na- tional Railway. z PHILADELPHIA, Jan. 20, 1871. While the Peunsylvania Centra! Railroad 1s osten- sibly fighting the Air Line Railroad bill now before Congress, it yet controls every movement now made by the parties having the matter in charge. The Pennsylvania road propose to get the charter in their hands and hold 1s against any future roads for which charters may be asked, and this 1s the way they will do 1t:— A provision in the bill says that of all the comnils- sloners chosen for the government of the road fifteen shall be aqnorum. Of this fifteen eight is a majority. These eight men are already in the pay of the Pennsylvania Central, two of whose names I give that the public may know the kind of men ‘Who have been chosen to represent their interests in this scheme—Oolumbus B. Guthrie and Joseph T. Potts, of New Jersey. The other s1X are from Dela- ware and Maryland. The Pennsylvania road will get possession of the charter for the Air Line and the road will never be built. They wish it simply to keep others out of the fleid. The Camden and Amboy will probably be controlled by the Pennsylyania Central before m: months; does it look at all likely tnat they will stand idly by and see a road built to take pas- sengers and freight who cannot but choose to go by the Camden and Amboy route? Jt will be enough for them to figat the National Railway and Balt: more aad Ohio, which latter road will butid a double track road from Baltimore to Philadelpnia to connect with the National. The Philadelphia, Wil- mington and Baltimore route will be to all intents and purposes left “‘outin the cold.” An earnest undercurrent fight 1s in progress, and the end 1s not yet. Ifcheap fares and rapid transit are brought out of the chaos the public may smile at the struggles of the railroad giants. The Air Line will never exist except on paper. PHILADELPHIA FIRE COMMISSIONERS. Their Tour of Observation—What They See and How They Like It. It will ne remembered that last summer a com- mittee of the Common Council of the city of Phila- Geiphia were in town for a few days, while on a tour of inspection of the Fire Departments of the various cities of the North, Their examination of the system in use in New York led them to adopt it in reorganizing their department, which has long been behind the age, and a volunteer one, with few sleamers and hose trucks without horses. In fact, it was the nearest point at which eastside New Yorkers could induige in the pleasures of their youth and “a BUN WID DBR MACHINE." The members of the Philadelphia commission were politely received by the Commissioners and attachés at the Heaiquarters of the Department in Mercer street and shown about over the city yester- day, to obtain fer them a thorough Knowledge of the practical working of the system. The deleza- tion 1s composed of the following gentleme: Jacob Saudenslager, President; Joseph R. Lyndall, George W. Plumly, Jenn G. Butier, Wilnam a. Porter, Henry 8. Lawrence, Wiliam F. McCutly and the Secretary of the Beard, Mr. John R, Cant- lin. These gentiemen signified !ast evening an in- tention to adopt the syster im use in the upper part of the city of four regularly employed men in each company and 4 rese: of young men living in the vicinity only employed in case of fireand receiving but part pay. They will establish in this manner TWENTY-TWO ENGINE COMPANIES, and in eddition to these five hook and ladaer com- anes (something unknown !n Philadelphia), with a Hi force and on full pay. The party visited the house of Engine No. 13, in Wooster street, where they saw three horses attached toan engine and dashing into the street In seven- teen seconds from the sounding of the gong. A hook and ladder company hitched their horses to the truck and every man wasin his place om the wagon. within twelve seconds alter an alarm. The Hospital, stables and repair shep were visited, and the Com. missioners furmshed ior thetr ase complete sets of bianks, maps and drawings; expiaaatory of the New York plan, Some of the gentlemen of the committee were present at the tire at 113 Nassau street on Friday evening last, and expressed themselves much | pleased with the operations of the Department. LAND WARRANTS FOR SOLDIERS AND CAILOTS, Action of Brooklyn Veterans in the Premises. At a very numerously attended meeting of the members and war veterans of the gallant Four- teenth regiment, N, GS, N. Y., the subjoined pre- amble and resolution in relation to the bill receatly introduced in Congress granting lands to soldicrs aud sailors of the late rebellion was adopted:— Whereas a bill bas been introduced in Congress the pur- port of which is that every soldier or sailor who served in tue artay or navy of the United States during the tate rebel Mon, and who was honorably discharged, shall be entitled to gram ef 160 acres of the public lan provided be shali actually settie on the same; an whereas the provision in such bill which provides that such soldier and sailor must become an actual fettier wil, In the opinion of thi ciation, be to the detriment of soldiers and salors living, say io the Eastern and Mitidle States, {nasmuch as large proportion of their number would be unabie to defray the cost of transportalion to poluts ao distant; therefore ved, That (bis association commurteate with our Representative in Congress and request him to offer aa amendment to the bill wuereby soldiers or sailor ly baving to sete on th spose of their claim fora money c to do 60. Resolved, That we cordially invite all aesoctations of sol- diers and #\\lors throughout the country to unite with us and petition their respective Representatives to this end. Speeches im advocacy of the proposed amend- ment were made by Brigadier Generai £. B. Fowler, Colonels James McLesr and R. B. Jordan. The ameudmeni will be offered by General Slocum, MATRIMONIAL MYSTERIES, A Woman of Seventy Secking | Divorce from a Husband of Seventy-Five—The Old Btory That ‘Age Will Tell” Strikingly Exem. plifled—Financial Exhibit Extraordi- nary and How the Money Goes, Some singularly curious phases of life are de- veloped in the courts. Under the impulse of excited passions secrets that long and securely slept in households are dragged to light, and in the gratifica- tion of personal malice the odium of public scandal 1s ruthlessly defied. A case in striking exemplifica- tion of this fact was developed yesterday before Judge Barbour of the Superior Court, Mr, David P. Halstead and Jane F, Halstead, his wife, are SEPTUAGENAREANS SEEKING A DIVOROE which 1s an event of itself even in this age of mul- tifarious matrimonial infelicities and frequency of divorce suits deciaedly out of the usual course of courts. The matter came up on an applica- ton for increase of alimony. Or course tho opposing lawyers had an opportunity to spread themselves in the matter of contradictory allega- tons, and did so, It was contended on the part of Mrs, Halstead, who 1s the plaintif in this action, the suit for divorce being brought on the ground of alleged adultery, that the allowance granted her 13 insufficient for her support. This allowance, it ap- pears, was a house rent free and $60 a year. It was Gistinctly set forth that she is over seventy years of age, and has nothing to depend upon for her support but this MEAGER ALLOWANCE. lt was further averred that her husband ts the owner of considerable real estate in this city, in Hoboken and in Westchester county, and that nis income amounts to several thousand dollars a year. Some of his property, among which is cited No. 109 Thompson street, he is said to have recently conveyed toa son for mo consideration, Upon this state of alleged facts the Judge was urgently pressed to order increased alimony, and the veal and earnestness with whieh Airs, Hal- stead’s lawyer urgea this order evinced an enthustastic fidelity toward his client that cannot be too highly commended. To say that the Judge, as Wellas the crowd of listeners in the court room, were deeply moved by the cogency and Mey his closing appeal 1s Saly to say that they are human. But this was not all, Then foliewed by the other lawyer the inevitable OTHER SIDE OF THE STORY, which inevitable side, unfortunately, attaches always to the process of evolving facts beiure a judge on a bench. eee other side of tho s.ory was that Mr. Halstead does Own certain houses and lands, but that they are hedged about with such @ weighty burden of taxes, with such accumu- lated expenses for repairs and such pefversity of tenants in avoiding payment of their rents, that $6,200 is the gross amount of his p nt income, id which, by a simple precess of substractiun ot these drawbacks, makes $1,696 his net income. In fact he was financially set forth as a poor man—a pan man than one of his seventy-live years of jife ought to be. But this did notend the Hnancial recital. His wife, he claimed, has $6,000, her mar- riage settlement, Instead of her attempting to get any additional support from him she was better able to contribute to his support. Next came a COUNTER ALLEGATION OF ADULTERY on the part of nis wife and the farther allegation of her having an thegiccante son, the fruit of their illicit connection. Having laid bare this charge against his wife there ensued two most astounding statements on his own part as a bar to increasing ae alimony asked for, Firat of these was that he A CHILD OUT OF THE BEGULAR ORDER to suppert, anc the second—eyen worse than this— that a woman and five other of his children depended on him for maintenance. Puiting all these tacts to- gether the old man’s lawyer made the strongest pos- sibie case for his client. “I will take the papers,” said the Judge, and re- serving his decision. HORSE NOTES. Mr. Thomas P. Wallace has just completed a fine stable for his private use, in sixtieth street, near the Boulevard, and removed his splendid stua of horses thither, among which are Henry, James H. Coleman, Purity, Lady Ella and several other fine ones. The building is 25x100, of brick, with hand- some brown stone front and two stories in height. There are five roomy box stalls and six open ones, Carriages are kept on the second floor. We in- spected the horses, and found Henry, who has a record of 2:28%, looking finely, There is not upon the turf a more handsome animal, and, as his feet are now well, his owner may with good reason expect to see him the coming season eclipse all of his pre- vious performances, Coleman, whe has approached very closely to 2:30, is lusty as @ steer, and Purity, who has a great reputation for speed, 1s not a whit behind her stable companions in health and vigor, The rest of the stock consists of fine driving horses. The above mentioned horses will be entered in the spring purses, as their owner (who trots his horses for pure love of sport) is anxious to see what they can do previous to withdrawing them from the turf altogether and using them exclusively for road purposes. Mr. A. R. Phyfe has named his promising sorrel colt by Myron Perry “Myron Perry, Jr.” He is very ont and fast, and will not dishonor the name of nis re, At Dan Mace’s staples is kept the well known trot- ting horse Dick Carhart. Dick is always hungry, and will at every opportunity slip bis halter and go to the oat slide that conveys oats from the lofts, re- move with his teeth the fastening and allow the gram to run down upon the floor, when he will gorge himself to his heart’s content. Mr. Jesse Marshall owns one of the fastest teams on the road—shark and Lady allen. Shark beat the famous Lady Emma in a race over the Union, under the saddle, which took five fast aud closely con- tested heats to decide. He also beat her a two mile heat race. Lady Allen is very fast, and Shark and her make @ capital team. In condition they can trot close to 2:20. In contradiction of the saying that “like produces like,” the famous Dexter's dam is far from good looking, being lop-eared and having one of her hips down. She is, notwithstanding, the mother of the “king of trotcers.”” Mr. W, Gillies has a very fast teain in his black horse by old Hambietonian and bay mate. They trot al steadily, and can go the lengthor the road. As a proof that horses like practical jokes, one of Mr. Sage’s animals got loose a few nights ago, and going to the stell of a stable companion, ate a part of hus neck off. It was “neck or nothing’’ with him, AB a horse dealer in Twenty-fourth street said the other day ofa horse that kicked a geulieman out of @ wagon who was giving the horse a trial, “What @ playtui creature!” If the proper arrangements can be made with the Parties interested, Goidsmith Maid, American Girl and George Palmer may pay a visit in company to Caitfornia next season for the purpose of contending for several purses that the imbabitauts of that region propose to offer. Mr. Dewey 1s driving a very pretty black mare on the read. She is by St. Lawrence and gives promise of being speedy. The Park roads are being widened on tha “Straight”? along by the reservoir, at which ail drivers are heartily pleased. Mr. Bonner has veen ariving his well known gray mare Peerless on the road lutely, and, judging by the gait she shows, she is as fast as ever. No spokes can be seen in the wheels of his wagon when he ‘let's go of her head.’’ Koadmen are waiting with what patience they can muster for a good old fashioned fall of snow, but the fates seem agatust their wishes belng grati- tied at present. THE MINES OF NEW MEXICO. Flattering Accounts of the Los Cruces Silver Mines—Great Value of Ore Assayed. Santa Fe, Jan. 20, 1871. The Los Cruces correspondent of the Datly Post gives glowing accounts of the yield of ore from the new silver mines near Ralston, Returns, he says, have been recelved from Newark, N. J., and New York, where the ore is sent to be assayed, showing yields the lowest of which was eighty-one dellars, the highest $8,000 and the average $2,282 per tom. The correspondent complains of @ lack of mining tools, fuse, &c., just now, but he says that capitalists have ordered all these necessaries, and that by May next they will arrive, and several mines Will be putin operation. Great confidence is felt in the future develepment of these mines, Tue Artesian Well Company, now sinking wells at the new piacers, twenty-five miles beiow here, have already struck water at the depth of eighty feet, and great confidence is expressed that these mines will pay the company. The weavoer is deligntiul. | HOW NEWARK TAXPAYERS ARE SWINDLED. For a week or two past the taxpayers of Newark nave been holding meetings and investigations rela- tive to the manner m which divers and sundry street sewers have been constructed. Those in Wiliam, Green, Fair and Mulberry streets have been “jobbea’’ in such a style as to induce the in- vestigators to charge such aS as fraud, corrup- tion and 8! eful workmanship and disgraceful material to the contractors and the Béreet jomman Gaul oli. e been used by jttee of tha LP EIR * Ties ie x spe odes Tho Case of: General Neill Taken from the State to the Federal Courts. Judge McCunn Brought to Task by United States District Attorney Davis. Nothing can*be more interesting to those who study questions of law and nice legal distinctions than the jurisdiction of courts entrusted with the administration of those enactments which are very properly supposed to emanate from the collective wisdom of the Legislature for the guidance and in- struction of all well-disposed citizens, Inthe old countries there is seldom a clashing or confict of authority in matters purely legal, because the ad- ministrat'en of the law 1s left to one set of courts; butin tne United States, owing to the peculiarity of our conslitution, which acknowledges the ex- istence both of a national and State authority at the same, time tt 1s not to be wondered at that now and again matters raising issues as to the jurisdiction and extent of the powers of both should engage the serious attention of our tribunals. A question just in point is now occupying the con- sideration of the federal and State courts of this city, and how it arose was in this wise:— ‘ A recruit, one John Casey, whose name indicates that he 1s Irish, or born of Irish parents, enlisted in the land forces of the United States; he took the oath usual fora recruit in that service, and sub- soribed a deciaration that, when he enlisted, ne was OF LEGAL, PROPER AGE, and had authority, by reason of his intelligence and ppysical condition, to do the act which was com- pleted by his enlistment. The fact that he had taken service in the United Stateq army came to whe knowledge of Casey’s father, who, from the proceedings he then resorted to, does not appear to have been pleased with the act of his son, He sought the advice of coupsel and found it. He went into the Superior Court of the city of New York, before Judge McCunn, and complained to him that John Casey was tille- gally under arrest at Governor’s Island; that he was held there against his will by General Neill, the oommander of the national forces, who claimed that the young man had enlisted as a soldier in a regular ana legal manner, After the papers had been lald before Judge Mc- Cunn by Mr. Sheebaa, counsel for Mr. Casey, the Judge ISSUED A WRIT OF HABEAS CORPUS to General Neill to produce the enlisted soldier, Casey, before him. When General Neill received this writ he was engaged in the discharge of oMcial du ties of importance, and was, therefore, unabie to appear personally before Judge McCunn, but he delegated one of his officers, Major Belger, to pro- ceed To the Superior Court,“and there wait upon the Judge with a return which the General had made to the Writ. This returo consisted of a copy of the en- listment paper in relation to Casey, taken from the official records of General Nelll’s department; a copy of the oath taken by Oasey, to the eifect that he was of legal age; the certificate of the doctor who examined him; an extract from the decisions of the Judge Advecate General, aud the return itself, to the effect that Case, Was held AS A BRoULAn ‘Y BNLISTED SOLDIER of the Uhited States; that General Neill did not re- fuse to produce him out of any disrespect whatever to Judge McCunn, but simply 1 the discharge of an oMcial duty as an officer Of the United States having control over Casey, who was a soldier of that army. Papers embodying these statements were sought to be placed before Judge McOunn; but it is charged by the federal authorities that he did not look at them, and that he said he weuld not look at them until THE BODY OF CASEY WAS PRODUORD BEFORE HIM. Some days subsequently, on the 17th of this month, Judge McCunn tssued an attachment fer contempt agaiust General Neill. This attachment was served by one of Sheriff Brennan’s officers on the General; and in the afternoon Lieutenant Gardner appeared in the United States Oourt before samuel Biatchiord, Judge of that court, and obtained from nim & writ addressed to Sheriff Brennan to show cause woy he heid General Neill in custody. bout half-past four o’clock in the evening Sheriff rennan, accompanied by the General, came before Judge Blatchford and made return to the wnt that he held General Netil by virtue of a writ of attach- Ment, signed by Jo . McCunn, of the si jor Court of New York city, and iasued to him in his capactty of Sheriff of the city and og of New Yor! Mr. Smith, of the firm of Brown, Hall & Vanderpoel, appeared on that occasion as counsel jor the Sherif and Noah Davis, United States Misirict Attorney, for the government. Ther? Was no question whatever as to the fact stated in the Sheriil’s return; and on the suggestion of Judge Biatchiord an issue was raised by way of traverse so that the facts and merits of the Case could be got at. The hearing of the conwoversy Was resumed yesterday. THE COURT ROOM ‘was crowded by persons anxious to know what turn the proceedings would take. Sheri! Brennan and General Neill were present. Mr. Noah Davis, United States District Attorney, attended on behalf of the government, with Lieuten- ant Gardner as special military counsel; and Mr. A. J. Vanderpoel and Mr. Smith acted as counsel for Sheri Brennan. General Neill was briefly examined with regard to the return be had made to Judge McCunn, and the apers accompanying it, as already alluded to in the foregoing statement. THE RETURN TO THE WRIT Major eee deposed that he had taken the papera referred to by General Neill to Judge MeOunn while he was sitting in court, but the Judge refused to take the papers or leok over them; he said he would not take tbe papers, but that the man should be producea; Casey's father was there and a gen- tleman witness did not Know; witness recognizes the papers now produced as those he tried to hand to Judge McCann, and he certined to these papers from the records at Governor's Island. To Mr. Vanderpoel—The other gentleman that I saw there looked over the Fn eng and handed them back to me} J tried to hand them back to the Judge through the clerk, but he would not take them; he sald nothing; 1 cannot say that 1 saw Mr. Sheehan there; lam not an attorney-at-law of the city and county of New York. Mr. Sheehan, who had originally appeared as connsel for Casey before the State court, was also examined. He stated that he had objected to the return of General Neill on two grounds—frst, that the papers were not sworn to by the General, and second, that the boy should be produce. Cross-examined—Judge McCunn refused to look at the papers, but that was after I had stated to him that the papers were incomplete. Mr. Vanderpoel made a brief argument, contend- ing that the process under which the Sheriff had acted, being regular on the face of it, the Juage could not go behind it. The return made by Gen- eral Neill was not made under oath, 2n¢ as the re- turn of the Sheriff was regular it was the duty of the Court to remit the prisoner to the action of the State court. THE ACTION OF THE STATE COURT RFSISTED, Lieutenant Gardener made a brief address to the Court as against the action taken by Jndge McCunn in the Superior Court in issuing the writ of habeas corpus, and his subsequent refusal to entertain tas return made to the writ. He also presented fer the consideration oy the Court the THREE FOLLOWING POINTS:— First—The relator is entitled to his remedy here under the acts of Congress of March 2, 1833, and February 5, 1867, upon having estabushed the facis set forth in his petition. S-cond—Tnhe issuance of the writ of habeas corpus by the Judge of the Superior Court of the city of New York on the petition presented to him by James Casey was illegal and unlawful. Third—A He aye return having been made showing that the said John Casey was _ held to ser- vice in the land forces of the United States in con- sequence of voluntary contract entered into by him With the United States, under color of its authority and laws, and that he had taken the prescribed oath of enrolment as to his age, the State Court sould have at once dismissed the writ for want of Jurisdiction to proceed further. Mr. Gardner, in urging these points upon the at- tention of the Court, cited various authorities and precedents. On the frst point—That the relator 13 entitied to his remedy here. He cited the case of Captain Charlea E. Farrand, of the Twentieth United States infantry, who commanded the principal recruiting depot of Newport barracks, in the State of Kentucky, in which it was contended and held that the right to deliver the petitioner in that cass was that, not only the courts of the United States had the mght to deliver him from the Custody of the Sheriff or marshal by whom he was heid under an attachment for contempt of court, but that the State court was wholly witheut jurisdic- tion aftera return had been le. Captain Far- rand in that case, as in the present case of General Neti, made return originally to the State court by the hands of one of his officers, andjdid not pro- duce the soldier hy for tn court. On the second—He showed that Casey was held to service as a soldier. On the third—Thata respectful return was made setting forth all the facts, amd that in consequence the Court had no jurisdiction whatever. ARGUMENT BY DISTRICT ATTORNEY DAVIS. The point to which counsel, after preliminary re- marks, desired to call the attention of the Court ‘was, that the prisoner in this case was and ts within and under the controi of the independent jurisdic- tion of the United States by virtue of its laws, and, therefore, the State Judge had no right to interfere. Whenever the State Jui is informed that a party 1s an enlisted soldier of the United States he must then know that the prisoner is within the dominion and jurisdiction of another government, and that under a writ of habeas corpus or any Other process issued under State authority he cannot pass apon the line of distinction between these two sove- reignties, It 1s only the United States judiciary can release a person wrongfully imprisoned under the lawa of the United States. If the Steve courts can jini custody of the party; but as the Shei sire to assert his right he would order the General SHEE rr. Aiachare reg became me per bets he enlisted of the United ‘ndoned. pry FIRST SHOW OF Wraonrey because the petitioner tnformed asa And every step that that took to usurp the Jpratiomon of the United oth Gata can tanga an ough, in tne langu Chief Justice Taney, the court of the State of Wise consin sought to issue its process in the State of Michigan. Connsel hoped that his Honor would so clearly and emphatically decide on this matter that the public mind and thé State tnbunals would be so satisfed as to relieve the United Staves authorities of the necessity of interfering in cases of this kind 1n future—to show that any jurisdiction is usurped which would attempt to interpose with the military authorities in the case of men enlisted in the army of the United States, and that such step and every attempt made in that direction is purely a usurpa- ton of authonty and jurisdiction, ‘maintain, con- tinued counsel, that every subsequent step taken by Judge McCunn was coram non judice, wholly without jurisdiction and entirely and absolutely void, And hence it follows that this attempt TO ATTACH GENERAL NEILL and bring him before the State tribunal, to arrest him at his —. of which he was at the time the com- manding officer, and while in the performance of the duties Imposed upon him by his rank and position, Was entirely without the sanction of legal authority. Judge McUunn has in this matter altogether mistaken the law and his duty asan exponent of it, Mistaken in the idea that the Doe of the person must be pro- duced, he says, emphatically, ‘i shall receive no re- turn to the writ till ae Produce the body,” declinin to pass upon the oath made before him, Is it - ble, your Honor, that the courts of justice shall be obstructed by this afterthought, by this attempt to raise the question whether the return should or should not be sworn to, or upon some other sane volous and technical objection ? When that the testimony of all the wit- ing to nesses, refused to ve any return except the body was produced, what was the effect of it? Mr. Sheéhan, of course, raised the question upon which the Judge stated that he would not Tecelve the return, sworn or unsworn to, till the body be fegiuses Nothing could be more danger- ous than this assumption and usurpation of jurisdic- tion in matters purely miutary and confined solely tothe iederal government. It must be, once and for all, cleariv and unmistakably demonstrated to the State tribunals and tothe people at e that the duties of officers and soldiers of the United States Army are specially within the jurisaiction of the government that organizes and controls them. And to surrender that jurisdiction would be in sub- stance to surrender the military power of the gov- ernment of the United States into the hands of the State Judges, wherever they might be, if JUDGE M’CUNN CAN DISCHARGE ONE SOLDIER, under any pretext whatever—right or wrong, in his Briere character—without responsibility of any ind for the act, why cannot he discharge soldiers by the hundred and by the thousand? If any State Judge or number of State Judges are clothed with tne power to take from the federal government— tnat alene can protect the country by the services of au army, and that can alone organize and main- tai an army—then the Judges of State and local courts would have the power to discharge every sol- dier as rapidly as the federal government, with all its power, could enlist them. ‘This is THE IPSE DIXIT OF JUDGE M’CUNN, who interposes his absolute judicial will against the laws specially providing for the good governimenc¢ and control ofthe army of the United States, and which alone can be enforced by the military army of the United States. MR, VANDERPOEL, associate counsel for Casey, the recruit. closed the case with few remarks in reply to Dis- trict Attorney Davis, when the Court called for the papers on either side. UR. GARDNER, military counsel, proposed to submit some points in rye tothe Court on Monday next, if not too Judge Blatchford—Not at all. Iwill be glad to receive points from counsel! on either side, THE DETENTION OF GENERAL NEILL. Mr. Vanderpoel was anxious that the Court should make an order with respect tothe custoay of Gen- eral Nelil. Sheriff Brennan would gladly surrender his charge of him to any officer appointed by the Court. ‘anaes Blatchford—The Court issuing the order for ‘rest until the case is decided has pen, the ai not de- intv the custody of the clerk of the court, to go upon his own recognizance. ADJOURNMENT. Judge Blatchford said he would render his opinion in the case on Saturday next. General Neill, who sat, apparently the most calm and unexcited ba in the court room, then re- tired. Thus ended one phase of the conflict of authority or the ‘Mountain 1n Labor’ which Judge ha hry has endeavored to startle the community w Another Question of Jurisdiction—The Right of the Government to Acquire Title by, For- feiture to Land iu the State. Some time since, npon an information fed bj District Attorney Tracy, the United States se! certain premises belonging to Catharine Lahtton, corner of Imlay and Bowne streers, Brooklyn, pur- suant to section forty-four of the act of July 20, 1863, which provides that in case an Illicit distillery be found on any lands, the distillery and all the rights and interests in the land of any owner, who, cogniz- ant of the facts, falis to report the same to the United States Assessor, should, upon condemnation, be forfeited to the United States, THE CASE. Catharine Lahiton is the owner in fee, and itis sought by these proceedings, held before Judge Benedicy, of the Eastern austrict, to forfeit her right, title and interest in said lands to the United States, she, as is alleged, having been cognizantof the ex- istence of the illicit still and falling to report the same to the Assessor. In the latter part of 1569 the case was tried before Judge Benedict and a jury and a verdict rendered for the government, subject to the opinion of the Vourt. THE JURISDICTION OF THE COURT CONTESTED. It was at the time suggested by the counsel for claimant that, as the proceedings gave rise to grave constitutional questions affecting the rights and Pr of the State of New York, an oppor- unity should be given to the Attorney General of the State of New York te appear for the purpose of representing the interests of the Siate. This was assented to by the United States District Attorney. The Attorney General, having taken the matter into consideration, appointed counsel in the person of Mr. Oliver P. Buel, to appear in his behalf aud interpose a claim and answer on behalf of the State, and to urge upon the Court the alleged unconsti- tutionaiity of the law upon which these proceedings are based, Lomel Judge Benerlict thereupon directed a rule opening the proceedings so as to allow the people of the State to intervene for their rights and interests in the lands proceeded against. The case will now come up on a motton for judgment on the verdict of the jury, when the constitutionality of the law will be argued. No day has, however, yet been fixed for the hearing of the case, which is one of special in- terest, as touching the relative rights and sovereign- Ues of the federal and State governments, NAVAL INTELLIGE( CE. The United States steamer Nyack, Commander Glass, was at Honolulu Devember 81, and will roe main until the crew of the Saginaw arrives, and will probably take them to San Francisco. The Nyack’s boilers have given out and sne is otherwise dam- aged, but will not repair there, as before reported. In conformity with the resolution of Congress, ap- Proved July 1, 1870, to investigate the cases of such officers of the navy as deem themselves unjustly assed over by promotion, under the act of July 1866, the fellowing officers have been appointed to constitute the board, which will convene‘at the Navy Department on the ist of February next, viz.:— Vice Admiral Stephen C. Rowan, and Rear Admirals T. Bailey and William Radford. Movements of the South Atlantic Squadron. Rio JANEIRO, Dec. 24, 1870, The United States sloop-of-war Portsmouth came into this port November 8, after a cruise of a few weeks along the coast north of here, making stops at Pernambuco, Bahia and one or two other ports 1m _that section of Brazil. The Portsmouth sailed from here on the 17th of November, all well on board, and bound for Monte- video, to which place she made an excellent run, a8 we have since heard of her arrival. The etd Lancaster 1s expected at this every day. The trouble between the Blancos and the Colorados at Montevideo has detained Admiral Lanman at Montevideo much longer than he ex- pected to remain, and unless the heat of the season should ps be oppresssive tne Lancaster may be ex- pected to remain here some time. We have reasen to expect the United Scates sloop: ar Narragansett tere, and are daily looking for er. HORRIBLE OUTRAGE IN GEORGIA. (From the Augusta (Ga.) Chronicié, Jan. 17.) We have received a letter from Jefferson county, giving the particulars of one of the most revolting outrages which has ever disgraced the annals of civilization. It seems that on Saturday night last @ band of disguised men, who are supposed to have been Ku Klux, visited Louisville, the county seat of Jefferson county, and demanded the key of the jail from the jailer, Judge Ieul, They went to the jail, opened it aad took out nine prisoners, five of whoin had been previously tried and convicted, and four cf whom had been committed on charges duly made. ‘The prisoners were carried a little distance from the village and whipped severely by the band, and the ears of seven of them were cut off, They then turned these seven loose, together with one whose they neglected to cut, The ninth was brought back to the jatl, shot twelve times and killed. The one killed had been committed for burning recently the gin house of Allen Brown, The name of this negro was Charles Butler, who formerly belonged to Dr. Dixon. One of the otaer negroes (Jim Staple. ton) had both of his cars taken off, The people of the county—all the true men—are justly indignant at this diabolical conduct. They are determined to erret out the offenders and orme them to justice. | THE PRINCESS LOUISE The Approaching Nuptials of Princess’ Louise and the Marquis of Lorn, The English Royal Marriage—The Court Dress makers in a Flutter—The Aristocrasy Com- peting for Invitations—Great Row Over the “Lorn Tartan” —Radical Discon- tent at the Dowry—How the Alli ance was Brought About—The “Lord God of the Highlands.” Lonpon, Jan, 6, 1871. West End tradesmen are beginning to be busy with orders in connection with the approaching marriage Of the Princess Loulse and the Marquis of Lorn, and down at Windsor the royal tradesmen are already making preparations for giving éolas to the ceremony. Historical St. George’s chapel, where 80 many illustrious nuptials have deen cele- brated, is being put in order for the occasion, and the cards to the great people who are to be invited are being printed. Quite a flutter has been created among the aristocracy in anticipation of the cere monial, and high dames and noble lords are in- triguing for the high honor of being permitted to be Present. The bridesmaids are deeply engaged in consultations with the mantua makers, and ft is be- Meved that the dresses which will be worn by these. eight charming young ladies will, for richness and novelty, surpass anything that has previously been witnessed. Indeed, THE COURT DRESSMAKERS are nearly at their wits’ ends devising fresh designs and new combinations of colors and materials; and fashion 1s eagerly looking forward to something original in the trousseau which snall give the mode to future weddings in high life, Lord Lorn and his intended fair bride have, in fact, been almost perse- cuted with the attentions of peoplo of all sorts, who are desirous of making money out of their professed. loyalty, Musiclans have inundate them with “Lord of Lorn Quadrilles,” ‘Louise Galops,” “ar- gyle Waltzes” and “Royal Marriage Serenades,” Perfumers have pestered them with new scents named after the coming event, poets have vexed their serenity with copies of verses inspired by the auspicious theme, and tradesmen of every kind and degree daily extol thelr wares by christening them after the name of ove or other of the afflanced. THE LORN TARTAN, So strong, indeed, has been the competition in this direction, that there has been something approach- ing a hand-to-hand encounter between two rival Scotch manufacturers in Batlio Nicol Jarvie’s town of Glasgow. Both gentlemen hit upon the idea of inventing anew tartan, to be called the “Lorn Tan tan,” and both submitted thetr designs to tne Mar- quis and had them approved. Kash in turn adver- tised his favention as an idea exclusively his own, and the consequence is that a regular newspaper battle has for some time been raging between the wrathful rivals. ‘The invention is mine,” says the one, ‘It is mine,” cries the other, ‘and I had the honor of a personal interview with the Princess.'’ Lord Lorn nas been lugged into the scrimmage, and one, at least, of the Scotch enthusiasts has not scrupled to accase him of unfairness and double dealing in negotiating with two merchants atone time. THE APPROACHING RVENT. As to the marriage itself, it 1s regarded by the country with great favor, inasmuch as it will tena to breag down the rigid barrier which separated the throne from the people. Her Majesty is credited with having exercised wise common sense in having nad the courage to give the hand of her daughter to asubject. Persons in all grades of soctety were be- ginning to get impatient of the needy, not to say beggarly, array of German princes who were being admitted by marriage to the royal family of Britain, and such alliances were looked upon suspiciously as vending unduly to strengthen the foreign element a& the Court of St, James, The choice of Lord Lorn ag the husband of the Princess Louise has helped to weaken that suspicion, and a belief is entertained that such alliauces will be quite a matter ef factin the future, Judeed, the gossips are already basy selectmg A MATE FOR THR PRINCESS BEATRICE, and several heirs te rich and noble houses are asptr- ing to the honor, one of whom, it is said, 1s favor- ably looked upon by her Majesty. THE ROYAL DOWRY DIFFICULTY. An agitation has been raised by we London radi- cais to protest against the dowry that is to be given to Louise, but it will result in nothing. These poli- ticlans argue that a man who wil 8s sach broad domains and wide estates as Lord Lorn ts quite abie to maintain the Princess in befitting state, without recetving & grauity from the nation. But, on the other hand, 1t 18 held that his Lordship has as much right to @dowry as were the petty Germans, against whose Claims no protest was raised. own belief is, that were it not for the paltry and cowardly feeling which we in England mishame loyalty, the matter would come under the conside- ration of Parliament, A large number of Mr. Glad- stone’s radical followers are opposed to the nation’s money being squandered in royal dowries, and long for the opportunity of giving expression to their opimons. Courageous as it is, however, in most mat- ters, the House of Commons has not the piuck to act up to what are the convictions of many of its mem- bers in @ matter of this kind. Senators, even of the most advanced type, have not as yet got the Jength of uttering What they think about British royalty. They are afraid of becoming marked men and with being branded as dislove* ere are inaications, however, that this” ‘ve will soon be cast off, and that ther egisia- ture will not be restraine” veely ut- tering their seuttmeny HOW THE MAC « . Many people have © ot the royal alliance wa. * which side the preliminu», mnystery 18 easily explaine Queen and the Duchess of / friends from their youth. £ . very fascinating gifts, great pers and winning manners. She is, 1 moralist, and is endowed with a r ment and a devotional mind of the’ tract the admiration of her Majesty. Ap, an early period of her life Mistress of the R Duchess nad the best opportunities of improv friendship for her royal mistress, and in the « of ume she became to the latter her closest « panion and confidant. When the and Pr. Albert made what might be called their weddi tour In Scotland, they journeyed at much inco venlence into the very heart or the Western Hig lands to visit the Duke and Duchess of at their historical Verto of Inverary.. At ti time the Marquis of Lorn was a chubby Littl plump-faced . fellow of two years old, bright-eyer and intelligent, and with ahead crowned with the pecuhar golden hair which gives such a distinctive character to the leatures ot his keen-faced father. ‘The lad was dressed in a kilt, and as he stood at the gate of the castle, among the Duke’s clansmen, the Queen drew Prince Albert's attention to him, patted. im on the head, called him a dear little fellow, and showered upon him ner caresses di the whole period of her sojourn. Since that. iod Lord Lorn hasbeen & constant visitor at Windsor, Os- borne and Baimoral, his mother, as I have said, be- Ing very constant in her attendance upon her Majesty, espectally since her seclusion from soci consequent upon the death of the Prince Consei Thrown much together, young Lorn and Loui gTew up to hke each other, which, being Deroalved by the mothers, led to the alliance being talk about, eye aie Ce led at Meee the ueen and the Duchess long before anything was shia upon the subject. . “THE LORD GOD OF THE HIGHLANDS.” Young Lord Lorn, though by no means so fitting a son-in-law for hor Majesty, if wealth alone is taken into consideration, as (lozens of other sprigs of the nobility, 1s, perhaps, in other respects the best selec- on she could have mage, ite is the representative of one of the greatest and most famous families which Scotland has produced, and in bis own dis- trict wields an authority equal to that of any a His father, the Duke of Argyll, 1s known all over Scotland as “the Lord God of the Highlands?’ and his castle of Inverary is regarded with asmuch popular respect as 1s Windsor Castle by English- men. Situated on Loch Fyne in a command position, and surrounded with some of the wild and grandest scenery of the Highlands, it has long been the resort of tourists, who are allowed freely to roam over its parks and grounds. The Gaelic popu- lation of the savage regions which stretch around it for miles regard the Duke with a kiad of superstis tous veneretion such as is accorded by their de- pendants to no other British nobleman, LORD LORN. Though by no means so intelligent as his father, Lord Lorn {sa young man of quick parts and good abilities. He sits in the House of Commons for Argyleshire, and when he does speak he does 80 tinently and with a fair measure of success, Hie weining bas been excellent and his travels have been wide. Physically he might have been pleasant esti but for an accident from a cricket ball, which broke his nose and has somewhat marred his appearance, Altogether, in looks, en nak man- ner and abilities, he js very tar bebind his father; and yet he has sufficient of each to do credit to the order to which he belongs, THE PRINCESS LOUISE. As for the Princess Loulse, her praises aro ta the Months of ali the drawing rooms. Sho ts highly accomplished, winsome, and o lady in the nghest acceptation of the term. Among her other gtlis is one for painting, and she has contributed several et 0 whe exhivitions. which have been most favorably noticea, i f