The New York Herald Newspaper, October 30, 1871, Page 3

"AFTER THE STOLEN MILLIONS ‘Prosecuting the City County Officers. OGorman Defends His Action in Commencing Suits and Writes the Attorney General. Mr. 4 Wis Queries to Judge George | win Ticknor Curtis, MR, CURTIS’ LEGAL LORE. “He Thinks the City and County Should Com- menee Actions to Recover—The Attorney General Cannot Prosecute on Be- half of the City and County. The State Can Institute Criminal Proceedings Only. Mr, 0'Gorman’s Suits Will Not Be Im- pediments to the Attorney General. The Law Governing the Case Plainly Put. In the complaint made out and filed at Albany by the Attorney General, Mr. Champlain, which ap- peared im the HERALD of Saturday, m was charged that Mr. O'Gorman, Corporation Counsel, had brought six actions in the name of the city against Messrs, Tweed, Connqily and others, in bad faith, and for the real purpose of shielding them from prosecution, In answer vo this charge Mr. O’Gor- manembodies the following letter to Mr. Cham- plain, enclosing a correspondence between himself and Mr. George T. Curtis, relative to the city suits fgainst the above named gentlemen, The corre- spondence Is as follows:— UB. O'GORMAN DEFENDS HIS OFFICIAL INTEGRITY. Crry oF New Yor«&, Law DEPARTMENY, OFFICE OF COUNSEL TO THE CORPORATION, ; Oct, 28, 1871, To Hon. M. B. CHAMPLaIN, Attorney General of the State of New York:— Srk—In the Times newspaper of this day I find, in what purports to be a correct copy of a complaint, migned by you as Attorney General of the State of New York, in a suit recently commenced againsi William M. Tweed and others, an allegation that six factions instituted by me as Counsel to the Corpora- tion were instituted against said Tweed and others “fraudulently and in bad faith, and will not and cannot be prosecuted fairly, beneficially or usefully to the people or to any public interest, inasmuch as the Mayor is governed by evil designs and intent, and has complete ccntro! over the sald Counsel to the Corporation in respect of said suits.” Tnis state- ment conveys AN IMPUTATION ON THE INTEGRITY OF THIS DEPART- ‘whereo! I beg to call your attention to the following correspondence :— OFvicg OF COUNSEL TO THE Gouronarisn, | 23, To GEORGE TICKNoR CURTIS, Esq.:— New York against Mr. Connolly and others, in which you are associated as counsel with me, | veg MENT, which is wholly unjust and unfounded; in evidence MR. O'GORMAN PROPOUNDS QUESTIONS. City OF NEw York, Law DEPARTMENT, My Dgar Srr—Before proceeding further in the actions brought on behalf of the city and county of deave to ask you to examine the tollowing ques- nd give me your opinion thereon: — 1 @n action for damages lie in the name of the city or county of New York respectively against any 0! yy neglect of cer of the city or county, who, his proper duty or by connivance with persons as- serting exorvitant or fictitious claims agaist the city or county, has been tnstrumental in the uniaw- ful abstraction of public money beiongingto the city or counss ? 2, If in your opinion such actions are among the appropriate remedies to be applied to the lately al- q unlawful and fraudulent abstractions of the ublic funds of the city and couniy, would it be proper for me, as Counsel to the Corporation, after having received irom the Mayor specific directions to com- mence such actions against certain oidlcers of ihe city, to rely upon remedies that may be instituted ta the name of the State or in the name of the Attor- ney General; or is itor not, on the contrary, my duty to prosecute the actions which I have com- menced 10 behalf of (he city or county to recover damages sustained by the city or county by ful and fraudulent abdstracuons of their puodlic funds? Yours, truly, — RIGHAKD U'GORMAN Counsel to the Corporation, MR. CURTIS DEFINES THE LAW—THE CITY CAN RE- COVER IN A CIVIL ACTION. New York, Oct. 24, 1871. Won. RIcHARD U'GORMAN, Counsel to the Corpo- rauion.— My Deak Sir—I have considered the questions submitied to me by your letter of the 2°d instant, and have examined (he drafts of complaints which you propose to serve in the actions already inst- tuted severally by summons, in the name and behalf of “The Board of Supervisors of the Couniy of New York,” against Richard B. Connolly and Wiliam M. Tweed. understand your inquiries to relate only to civil actions brought agaitust an oilicer of the city or county to recover in the name and behalf of the city or county damages sustained by the city or county by reason of a fraudulent abstraction o1 its funds occurring through the negiigence or fraud of such officer in the discharge of his oilicial duties. 1 do mot understand that lam to consider the question of criminal liability, inasmuch as it is not your province to institute criminal proceedings, Ea oftictal duty supposes a certain measure ‘of official hits Sind and fluelity. The laws which rescribe the duties of & public officer assume, b; he necessary effect of their operation, that he wi do what he is commanded and what he has con- tracted to do with proper diligence and fidelity, By acceptance of the oflice and its emoluments the officer engages, apart from any oatn of oftice or the tenure of any statutory oficial pond, to discharge his oficial duties honestly and efficiently as they are defined by jaw. if he be an accounting oilicer, or have charge of the payment of claims or the disbursement of money, he is bound \ pursue whatever method tue laws prescribe for auditing such claims and the payment of such money with that degree of diligence and care which is necessary to prevent tne payinent of fraudulent or exorbitant claims. If, by reason of his negligence or his connivance with traud, public money 18 abstracted from the public treasury which 4s not justly due to the party receiving it, a cause of action accrues to the government, or body politic, Whose money 13 thus lost through the ofticer’s neglt- gence or connivance; and that cause of action is a ciaim to recover irom the oilicer damages sus- tained by reason of his unfaithiulnuess or nis iraudu- lent breach of trust. Nor, in my opinion, is such @ course of action merged tn the lability under @ statutory oficial bond or waived by the acceptance of sucha bond. It springs trom and 1s regulated by the great gene- ta principle of the common law, that when a prin- cipal suffers damage by reason of the misconduct of his agent, Or acestui que trust incurs a loss by reason of the misconduct of his trustee, the agent or trustee is personally responsible to the amount ‘of the loss or injury which he caused, This principle of the common law is as applicable to public officers in their relations with the goverif- Ment or body politic, Whose agents they are, as It is to al! other agents; and | may add that it has been appiled in a very inted manner to the case of a detaulting public agent who was not reguiarty in ofice, but to whose hands public moneys were en- trusted for disbursement im the discharge of the ag of the oitice, and who failed to account for ein. in the case of the United States vs, Maurice, 2 Brock ©, C., R., p. 96, Chief Justice Marshall had Occasion to examine the questions—first, whether “an agent of fortifications’? was an oitice of the United States that had been created by Jaw; and, wecundly, if the oilice had not been created by law, Whether a person who had been appointed to such Au office, who had received moneys of the govern- Ment for disbursement therein, and who fad not bpd or accounted for those moneys, Was liable Satuint return of the moneys on & bond given for the a Hal discharge of the duties of the supposed on va on the ground that the bond, although not ry of being entorced as a statutory bond, was y contract for the faicnfui disciarge of an apn Sy pi nton the aerendant had undertaken. ne we Justice held that no sucn ofice had been at:horized by law; that the duties involved the office, Were, Devertheless, services for which th United Bates could lawfuily contract; that the bond give, althougn not a statutory bond for securing thé faithful discharge of the duties of an office created by gny law, was pe evidence of a contract between thy United States and the de | 1ts funds. o toay ot tnd Iigation to account for the iio bis hands, unlaw- | NEW YUKK HERALD, MONDAY, UUTOBER 30, 1871.—TRIPLE SHEET, fendr,nt for the discharge Of certain duties of ais- tat the Tom the nd accounting for certain moneys; and irregularity of the appointment, arisin tof legal statutory existence of ti office, aid not absolve the person ap- and moral obligation of ac- blic money Which nad been placed Frconsequence of such appointment. ‘inciple has been since re; reme Court of the United States, independently of all statutors @ person who undertakes any wel anne respect to the disbursement or cus- ot public fu makes @ contract for the faith- discharge of the duties which he undertakes, that such contract raises a legal and moral ob- for moneys that ha ictal pparent, therefore, that It 1s on tne ground of agency that all persons who undertake to act In the Gustody, and disbursement of public Sonate are Hable to their principal, the government body litie for which they act, and a Jortiori they are if the agency 18 an Office established by law, duties detined by law and with a mode of au- and paying claims prescribed by statute. I answer your first question, therefore, without hesitation, in the affirmative. Iam of opinion that any officer of the ha or county of New York, who had any duty to perform in the audit ana ent of claims, and who by reason of cqipabié negligence in the discharge of that daty, or by reason of fraud- ulent connivance with claimants, has caused or allowed money of the city or county to be paid to persons not entitied to receive it, is liable in dam- ages to be measured by the amount of the money 60 unlawfully abstracted. This, it seems to me, virtually answers your second question. If the city or county of New York has & cause of action against one o! 10s officers to recover damages for neglect of oficial daty or f:audulent abuse of oficial powers, wherevy public money has been unlawiully abstracted from the treasury—a cause of action the existence of which I suppose no lawyer Will dispute—it would seem to follow that no other governifient or body politic can have the same cause of action. No two independent partics, whether private in- dividuals or public bodies, can have the fame cause of action against the same defendant in Tespect of the same sum of money. Tne priucipal ‘Whose money has been abstracted or allowed to be abstracted by the act or omission of his agent ts the party in whose pame and behalf an action can be Inaintained for the money or for the damages sus- tained by its loss. 1am quite unable to understand in What Way @ cause of action that has accrued to to the city or county of New York, in respect of the wrongiul abstraclion of money {tom the city or county funds, can be sald also to have accrued to the State or the people thereof ; nor do 1 understand in what way the powers of the Attorney General can be applied to the re- covery of such money or the recovery of damages for its loss, The powers of the Attorney General are to be measured by his statute dutics, By the Revised Statutes (part I, chap. 8, title 5, sec. 1) it tg declared to be the duty of the Attorney Gen- eral “to prosecute and defend all actions in the event of which the people of this State are inter- ested,” and I know Of no other general declaration of his duties and no other power vested in his oilice that is not special in its nature, among which latter A duty or power to sue for and recover moneys be- Jonging to cities or counties, or to sue for pecuniary damages that have accrued to cities or counties by Treason of the misconduct of their oficers, is not enumerated. Now the people of the State certainly cannot be said to be “interested in the event of an action” the ovject of which is to recover money belonging to a city or county, or the object of which ls to recover damages for the misconiuct of an oiicer of a city or county in respect of the custody or disbursement of The people of the State, as plaintiis or complainants, are “interested in the event of an action’? when the avails of the action will rghtially | accrue tothem, when the cause of action belongs to them and not to some other party, and when the proceeds of the judgment, if one be recovered, will be the property of the State. In @ moral and general and in a large political sense the people ol the State are interesied in the weil- being, good order and pubilc virtue of al) their mu- nicipal corporations; but this is not the sense in which they are “Interested in the eveat of actions.’4 ‘They are interestéd as plaintiifs in the event af a civii action when the cause of action belongs to them, and not otherwise; and they are interested in the event of a crimimal action because the crime | that 18 sought to be punished 1s an offence agamsi vheir sovereignty and can be punished only by tuemseives. It will be a good test of the question whether a | civil action im the name of the people of the State, or one instituted by the Attorney General on behalf of the State, can reach the mouey of this city or county that has been wrongitlly abstracted from its | treasury, or can be made the means of recovering damages against a ciuy or county officer for mis- coniiuct in hig office that has caused a loss | of the city or county funds, if we imquire what is to become of the fruits of the judgment in such an action. Is tne money to be paid into tie State Treasury? Is it to become the property of the State? Is the Court, in an action brought in the name of the State and directed by the Attorney General, to render a judgment that the money, when made on the execution, be paid to the city or county, when the cause of action 18 oe claiming to have accrued to the State, or is set forth in au ac- tion in the event of which tt is averred that the peo- ple of the State are interested? By law the Attorney General is required “to pay into the State Treasury all moneys received by him for debts due or penalties forfeited to the people of this State;” and I am at a loss to know what else he can do, or be authorized by @Court to do, with money recovered in an action i the name or on be- half of the peopie of the fate. If such an action is instituted to recover the moneys said to have been lost from the city or county funcs, or to re- cover damages against the city or county officer for UNION FOR THE SAKE OF HONESTY. Char]:s 0’Conor Declines the Nom- ination for Assembly. His Participation in the Attorney Gen- eral’s Suits the Cause. He Will Devote His Time to the Prosecution of the Peculators, ‘ IMPORTANCE OF A PURE LEGISLATURE, A Union of Democrats and Republicans on Honest Men Recommended. Hegislature Should Reject Tweed and His Allies. The Mr. Charles O’Conor has written the following letier to the Chairman of the Democratic Reform | Clubd of the Nineteenth Assembly district, deckining Nomination for the Assembly tendered to him in that district, Mr. O?Conor’s Letter. To Louris A. RODEN3TEIN, Esq., Chairman, &¢.:— My DEAR SrR—The atrocious frauds now attract- ing universal notice were committed during the control of four persons over our local administra- tion, The nature and measure of their guilt may, inaeed, greatly vary in a moral point of view; but, nevertheless, those three of them who are still in possession of power are acting in perfect concert for mutual protecticn. They have evidently no ‘scruple about means, and they are capable of accomplishing, by united effort, nearly all the mischief attainable by the four, had their union remained unbroken. One | of these three, the Gand Sacnem of Tammany, has | been rightly enough denominated by his friends | their Chief, The cant or classic designation of | “Boss” or “Omsar"’ is applied to him indifferently, according to the taste of the speaker, and each ap- propriately; for his bad pre-eminence is indisputa- ble. Since the SECRET ABSTRACTION OF THE VOUCHERS by which the precise details of the frauds com- mitted might have been easily developed no honest and intelligent citizen has doubted the guilt of this leader, Whether manifest proof could be brought home to him may have hitherto been a matter of specuiation with some; but, In my judgment, the last lingering doubt on this point must now be re- | moved from every fair mind. The recent develop- ments made in connection with the regular acts and accounts of the Comptroller’s ofice and the Broad- way Bank, in which the public moneys were de- posited, must nave had this eifect. The statutes which gave to this body of men its vast powers were procured from Legislatures in which their chief sat as a law maker, It is boasted by some as a proof of his cleverness, indignantly assertea by otners as manifesting his wickedness, | ! | | \ ; In any event, } proceedings, demands that 1 snould be exempt from 1f Ihave among them a single personal enemy, that enemy, a8 well as every ofler of his class, would not cast his vote in my favor, but would ear nestly ve for my election. Under these circum. stances: it fairly think one might ainwoss if not entirely, unanimous; and, indeed, it is absolutely certain that scarcely @ hundredth part of the suffrage would be cast against me, excluding votes extorted by the threat and dread of starva- tion, from that very class between whom ead my- self there exist THE STRONGEST TIES OF AFFRCTION AND RESPRCT. ‘A thousand or more workmen, born in the green isle of my ancestors, who live in the district, are in public employment and depend on the continuance Of that employment for the support of themselves and their families during the long winter Low ap pessoas, ‘These poor men may mistakenly sup- pose that the power of dismissing or retaining them Temains and will remain in the bands of the corrup- nae mente might be my rival, Hounded to the CLOSELY WATCHED BY POLITICAL Lpoeetod these men might to some extent be compell vote against me; and, under color of the vote thus coat: & Tales count by inspectors selected to perform the vish deed could prevent my return, have the most thorough conviction that an enormous ma- jority will be certitied tor Tweed 1n this way. It Is bie that the facilities for such villany are less in our rural district than in the city proper; tt 1s oseible that the infamy to result from deieating nm 18 way @ candidate so well known as myself might deter, but it 1s only througn the operation of causes like these that the triumvirate could be pre- vented from returning their candidate, whoever he might be, or however stained with notorious moral and political delinquency, Viewing your proposals in this light, and before lookng iurther, | was induced to think that 1 ought to accept the nomination. If elected, I supposed I could serve you faithfully and dilgentiy; if de- feated, the opprobrium now resting upon your op- ponents would be intensified, Neituer discredit to | myself personaly nor honor to my rival could result uther considerations, however, de- | manded attention; they have received 1, and the | result 1s ubat 1 CANNUT CONSENT TO BECOME A CANDIDATE. I will briedly state my reasons, in the first place, Tam likely to find full occupation for all my time and my utinost powers in the Attorney Geu- era’s legal proceedings against the robbers who, not content with their already realized | gains, are now thundering at the gates of the treasury and are determined to continue their miquitous career through the agency ol fraudu- lent canvassins and corrupt iegisiatioa. Secondly, the position 1m which, without my own seeking, { am placed, as the adviser and prosecutor of these even the co.or of auy personal mterest. Events will show incoutestably my perfect disinierestedness In all that 1 have done or may do for the public tn this position. NEITHER POWER, PROFIT NOR PATRONAGE of any kind has resulted, or will result, to me, How- ever inapt the suggestion, some honvrable peraony might think that a seat in the Assembly had temptations to my pride or ambition, or that it Was sought as a stepping-stone to higher dis- lincuions, Even this teebie and uniounded argument should not be atfo:ded ovlor. I have, therefore, determined to decline candidacy for this | or any other office. Unless the republic 18 Irretriev- ably doomed to perdition there are other honest men in sufiicient numbers and of competent ability to fill all its offices, Whatever of knowleage, skill and judgment in lav, in iegisiation, or tu any de- partineut of human effort 1 may possess, are, and While life lasis will be, at my country’s service, aud can pe employed by me ia private station with equal, if not greater advautage to tie pubic than in any office. Lt the people should elect an honest Legislature my best eiforts will be at its command, A seat asa legislator 1g not necessary to this pur- pose. If already purchased candidates should be returned and iorm the majority no good law could be obtained by any human means. Whatever may be done in this city by that false canvassing waich 18 the last diavolieal resort of official villany, 1t may yet be hoped that an honest majority oi the country, members will begin the session by determining the rigut to concested seals, And, if need there shall be, the corrupt-rewirns of the New York city triumvirate may be passed upon together as presenting a single question, ‘Luis trial ol the conspirators together on one indict nt would preveut them trom voting each ior the ovhers, and, if trati and justice should demand it, woud, in the result, involve thea in a conviction for their common crime, aud @ consequent common re- and conceded by all, that these statutes were mainly | procured by bribing our State iegisiavors with moneys rifled from ‘he public Treasury. The pre- cise cost of a vote in the horrible shambles where they were thus purchased is almost as weil known a3 the prices current of merchandise. One Sena- tor’s vote was of course as valuable as the votes of four Assembiymen. In the face of these UNDENIABLE AND PUBLICLY NOTORIOUS FACTS, the chief before alluded to, with an audacity abso- lutely more impressive than his precedent crimes, ; has presented himself as a candidate for Senator from the First city district, his name appearing at the head and front of the local ticket put In nomination by the triumvirate, And we are assured by their friends that upon the canvass he will appear tohave reveived a greater majority than ever fas at any former period ushered him into the sacred seat | of @ Senator. Beyond any doubt the Intent ana the power to realize this prophecy do both exist, For many, tf noc all of the other Jegislative districts of the city adherents of this vhief, more or less noto- Tlous as saca, have been or will be pul in pominauon with like intent on the part of the corraptionists, and in many instances with equal power and facility misconduct, the money recovered can again become tne property of the city or county only by a grant from the Legislature, it is, therefore, at least very doubtful whether such action in behalf of tne State is an adequate remedy to reach the wrong that 1s sald to have been done; and for this, as well as other reasons, it is your piain official duty to prosecute tie remedies which the law affords to the city or county whose funds or whose claims for damages are tie proper subjects of eshte and for the recovery of which you have received instructions from the chief exec- ‘utive officer of the city. Nevertheless, a3 you cannot tell what may be devised by the legal acumen of those who are charged with the duty of applymg the powers of the Attorney General’s oMice to any of the causes of action that have arisen here from the supposed wrongful abstractions of the city or county funds— as some remedy supposed to be within the powers of the Attorney General and not yet discoverable by you or me_ may resorted to—the question arises, in what way it wiil become your duly to act, as the principal law officer of the city and county, toward such efforts, You have already signified by your letter to Mr. O’Conor, under the date of the 21st inst., that you hold yourself ready, in your official capacity, to | afford all such oM;jal co-operation and assisiance in suits instituted for the benefit of the city and county of New York which you could afford him on his requirement, But while this was, in my opinion, a very proper as well as courteous offer ou your part, and wiile 1 am fully aware of your purpose to act in accord- @nce with it by furnishing to thac gentleman, as Tepresentative of the Attorney General, any facts that are within your knowledge, and that you can communicate consistently with your oficial duties, 1 am clearly of opinion that it would not be a proper discharge of your official duty if you omitted to prosecute, in the name of the city or county, any action which you. have been or may be directed by the proper authority to institute in the interest of tne city or county, Whiie I see no reason to expect that any adequate remedy or redres® by way of civil action for the recovery of money of the city or county of New York can be reached through the office of the At- torney General, I think 1t quite clear that no actions instituted by you in behalf of the city or county can create any obstacle to any proceedings that may be directed by that office, in my opinion yor oMcial duty and obligation are to pursue with all proper diligence and fidelity the plain and direct remedies which the law affords to the city or county of New York, for causes of ac- tion that have accrued to one or the other of them, and to recover the moneys which belong to one or the other of them, By such a course you will in no way create any impediment to the prosecution of any action or ac- tions in thename of the Attorney General und on behalf of the peopie of the State, whose cause of action, if any exists, must depend upon principles and legal theories quite distinct from the rights of the cy or county to hold its own officers responsi- Holt the money waich they have embezzied or 08! When an action for these purposes has been com- menced by yuu in behalf of the city or county tt is, in my opinion, according to your statutory powers and daties, under your sole control; and this affords fn additional reason why you should be especially Vigtiant In protecung the rights and interesis of we city or county, I shall beready at any time to examine the other complaints which you propose to serve in the other actions which you Nave instituted, and to act with c. in accordance with your request in these and in any other cases which you may commence for ees bres ne eS ae Judgments against the arties Ww "4 fully received the public money, hort taal 1am, dear au, very respectfully vours, Q GEORGE TICKNOR CURTIS, MR. O'GORMAN DROLARRS HIS INTENTION CUTE WITH VIGOR. hiatal The complaints in two of these suits, viz, against William M, Tweed and Richard B, Connolly, have been filed in the oMce of the County Clerg of the couuty of New York, A copy of the complaint against the said Tweed 18 set forth in the HERALD of this day. I beiteve the actions in substance and form are valid and can be supported by evidenco, I have associated with me in these suits George Ticknor Curtis, Esq., and Hon. John K. Porter, I in- tend to prosecute the suits in good fain and with energy, as becomes my official and pro- tessional duties, and with suc skill and ability as may be aflorded me by the eminent coun- gel who are associated with mein the suits, and I am not aware of any control of any nature which can be exercised over me by the Mayor of New York in respect of said actions (which bave been by him wholly confided to my charge) and which can gov- ern my action therein, contrary to what may, on consultation with these geutlemen, aeem for the in- Lad Wy of the. 4? and county ot yh York. haye the honor to remain, sir, your obedt servant, RICHARD O)GORMAN, Connael ta the Carnaration, of controiling results, ‘The iegislative department of a commonwealth is its motive power. Lis operation is like that of the yital current in a strong man’s veins: the impulses of the sovereign people; IT IS THE WILL OF THE STATE. A corrupt majority in our Legislature possesses vastly more power than the English Parliament. Few, feevle and utterly ineficient against roobery of the public treasure are the restraints of our funda- mental law. Such a majority can render practi- caily powerless the Judiciary and the Executive, The induence of tue latter 1s singularly narrow by | our present con ution. Fewer votes are required | to overcome a veto than to adopt a law on its | ovigiual passage. Hence the complete power or these our local governors. Every statute that a perverted ingenuity acting 1a the Interests of in- tended iraud and rapine could devise 1s to be found Within the 4,300 pages of legislation, mainly vicious or useless, issued al the last two sessions, If these men can cuntnue to centro! our State Legislature their domination must remain un- bridled, and in an amazingly short space of ume every square Loot of laud i the city will ve MORTUAGED TO PUBLIC CREDITORS pretty nearly, if not quite, to its full vaime, for | moueys raised on the padlic credit by our oficials and mainly applicd to the uses of themselves and their retainers. Un the oiner hand, If, for even a single year, a majority of incorruptible men could be elected to the Legislature, ecectual measures of reliet might be inttlated. Such a beginning would be the qawa ofa la te for our city and Jor the cherished institu. tions of our repubi'c. ‘Tie period 18 uncommonly favorable to a uuion of all good men for this urpose. Xi ‘The ofiices to be filled on the State ticket at this ume are not of vital uaportance. ‘The Judicial elec tions in this city, whatever might be thetr result, conid not materia!ly affect the useiulness of our ju- dictal courts, itis) are adequately oiticered inde- penaenuy, Of those j;uciges Bow to be Chosen, Other local offices are only oi pecuniary concern, and that in a degree quite msignificant when compared witn the great pubiic interests which are atstake, One Senator in Vongress 1s the only political office which can be directly adecied by the approucning election, and upon that it can pave but a slight Induence, ‘The State Senators about to be elected wiil, in- deed, have a vote upon it; pat they are few in num- ber, and any party majority existing in their body 18 always submerged in the greatly more numerous Mo of tie lower House. Those Who are not ready SACRIFICE PUBLIC INTERESTS at the shrine of individual ambition will not, in the fioers connection, overlook the fact that no po- jitical or party interest of a general nature can be atlected by our next election for United Staves Sena- tor. Between the relative numbers ranged under the respective banuers of the opposing political par- ties in the United States Senate the diderence is ex- treme, One added to or subtracted from either sec. tion would be an event of the most trivial conse. quence. The just decision from these facts is clear. Our honest feliow citizens tiroughout the State ought certainly to lay aside all party interests and atiiias tions, “all businesses and excuses,” and, with pa- triotic Bingleness of purpose, devote themselves at the ensuing election to the ch of SOUND LAW+. 3 as the only peaceful remedy ior existing or impend- ing evils, | In districts where the republican party have a de- cided majority, fa quesuosable candidate velong- ing lo that pariy should be putin nomination, the honest democrats of the district should decline to | nominate any one; and, acting as @ balance of power, they siould tender their undivided support to any honest republican candidate. | These same views should be applied and acted on conver in districts ciearty demo- cratic, Thus wien a candidate of doubt. dul characte! as presented, he would yeneraly find a respectable Opponeat supported by all good men in tie district, without regard to any variance | in their political sentimeuts. Ove pubic fact atfords to a certain extent a convenient guide in the choice of candidates, ‘ihe plan of local goverament en Dodied in the aces Which constitute What 1s cali the present New York City Charier does not con- form to sound political principles, 1, 1 all its lead~ ing features, manifesuy repugnant to the views professed by eaci of the great parties, and has been It shouid be re- Jound most pernicious in practice. garded as @ suilicient objection to any candidate that he gave a@ vole in 1970 or is71 davoring tuat legislation, Mauife-tly SUCH. PERSONS SHOULD NOT BR ELECTED to seats in a body instructed to repeal tt, The pro- posals which have been mace for my nomination in the Nineteenth Assembly a et seem to have ori ginated in views coinciding precisely with my own, AS Above slated; and consequently these proposals might well be deemed acceptable to me, 1 was born in this city, and have resided tn it all my life. The Nineteenth district was purely rural twenty-seven years ago, when it became my residence. It is mainly so sull, Of course, 1 know it weil, and an well known in it, It I snould become a candidate, as proposed, I am periectly cortain that every honest elector in the district, whatever his political opinions, would vole for my ticket. Lam aiso moraliv certain that | jection, i { man, on the 7tn day of November. 3 it represents | see of our people I believe they are more inclined with great respect, yours truly, ia, dear sir, ne CH. O'CUNUR. REFORM SENATORIAL NOMINATIONS. The Committee of Seventy, at their conference on Saturday evening, made the following Senatorial nomiuations:— urth District—Jeremiah O’Donovan Rossa, Filtn District—Erastus ©. Benedict. Sixth District—Dr. Augustus Weissman, Seventh District—James O'brien. Eighth District—Daniel F, Tiemann, O'DONOVAN ROSSA’S THANKS TO THE COMMITTER, O'Donovan Rossa yesterday sent the foliowing leer to the Committee of Seventy accepting the nomination:— | GENTLEMEN OF THE COMMITTEE—! thank you and ; the geatiemen of the Fourth Senatorial Discrict | Convenwon, and the citizens whom they represent, for the support given me last night by the endorse. | | ment or nomination for Senator, accept it, as I lave accepied the nomivatiun from tie reform ry, aud 1 make to you the same promise [ made them—tnat the money of Mr. Tweed or the money of all the frauds of the city of New York ili not buy me out till the votes of the citizens decide between me and the rich From what I to vole for honest men tian for rogues, and if you and the reform democracy lave the power to se- cure a fair count and fair play at the next election rou Will see that the nominees of this party that | jas brought disgrace upon the cty of New York Will be in @ minority; that is, if all who are opposed | to thein are in euraest and Incorrupunie, fur cor. | Tupting induences are yet im circulation, [ will ask no mau who is in te pay of T. for me, but we have more men e: pendeut liveihood than are depeadeat apon the ing, and it 18 Lo this majority | will appeal, Yours very respectiully, JER. O'DONOVAN KOSSA, NEW YORK, Oct. 29, 1871. MUSIC AND THE DRAMA, Announcements. To-night Nilsson in one of her best ré/es—Tra- , viata—and, of course, a crowded house, | “The Busybody’’ at Wallack’s, with Mathews, | Brougham, Gilbert, Miss Mordaunt and the rest of the fine company. To-night the New York Circus opens with a host of equine and equestrian lavoriles, Wachiel sings ia “Trovatore” this evening at the Stadt, and on Wednesday in “Les Huguenots.” } The renowved baritone, Sanuey, will undertake | the part of Elijah in oratorio, assisted by the Har- monic Society, at Steinway Hall, on Tuesday. Dr, James Pech Is the conductor, “Crime,” a local sensation drama by Mr. Stanley McKenna, will be produced at the Bowery this evening. The favorite actress, Miss Charlotte Stan- ley, appears in it, Jonn K. Owens opens at Booth’s next week as WASHINGTON. The Anti-Suffrage Women on Divorce. : 3 fo St, Domingo last winter, will deliver a lectare to-morrow night, in this city, on his travels and ob servations on that occasion. He was one of the most active of the gentlemen who explored St. Domingo, and his lecture, no doubt, will prove interesting, Attorney General Akerman has returned to Washingon. All the members of the Cabinet will be nere by Tuesday. The Treasury Programme for November. ‘he Secretary of the Treasury has authorized the A Constitutional Amendment Proposed Piha Treasurer at New York to purchase one Making Divorce Laws Uniform. The Woman’s Club’s Remedy for the Social Evil. Return of Attorney General Aker- man to Washington. WASHINGTON, Oct. 29, 1871. A Uniform Divorce Law—New Movement of the Anti-Saffrage Women, A rather remarkable movement has been put on foot here by Mrs, Admiral Dahlgren, Mrs. General Sherman and the other ladies who are taking an active part in opposing woman's suffrage, the scheme being nothing less an to compietely outfank the suffragists of tie Tilton-Woodhull school. These ladies do not believe that the constitution as it now stands gives to women the right to vote, and they are determined to deprive the others of their so- called sixteenth amendment by occupying the ground themselves with an amendment providing for @ uniiorm system of divorce, Their principal ar- gument in favor of this new measure is that if the Courts in other States are obliged to recognize Indiana atyorces as valid, though they are generally obtamed py fraud, the tribunals of that State virtually absorb the whole divorce business of the vountry ana imperil the property and marital rights of every woman from Maine to California. This, they think, makes the question one of such national importance as to require the interference of Congress, under constitutional safe- guards; and they desire the constitutional provision they are seeking to be called the “Sixteenth Amend- ment.” They are going to work like real high-born ladies to encompass their ends, and design having the measure first introduced into the Senate rather than the House, since the former 1s a body of much more decorum and dignity than the latter, What is more, Mr. ‘Trumbuil 1s to be asked to take charge of the amendment, both as Uhairman of the Judiciary Committee and asthe purest and best of the Sen- ators of the United States, It is belleved that this measure will secure for American women all the rights they care to exercise in public affairs and save them from the wroags of such pernicious legislation as is the disgrace of Indiana, ‘The flank movement on the sullragists by appropriating their favorite amendment is regarded as a good stroke and one that will put at rest the agitation of a ques- tion which a few ambitious women, by driving its best friends into obscurity, have made disreputable, It is not intended to make the amendment too radical, and it is only feared that it may be defeated by the promoters of so-called reform overloading ic and Killing it. A lively scrimmage among the female politicians 1s expected, and the movement cannot fail to add new features to that remarkable loboy in which women play such varied and im- portant parts, Whe Woman’s Club Uespairing. } At the regular reunion of the Woman’s Club of this city last night tne following preamble and reso- lutions were unanimously adopted after general discussion on the moral, social, religious and poll- tucal sides of the question:— Whereas at every step of our labors for the prevention aud cure of the social evil we find legal, political, judicial ‘and executive obstac.es blocking our way; therefore be it Kesvived, ‘That wo belleve tue chiet and radical remedy for the social evil les in the poiltical entranchisement and thence personal emancipatinn of woman. Decay o: American Shipping. The report of the Register of the Treasuary will show that during the fiscal year ending June 30, | 1871, the tonnage built within the limits of the grand divisions into which the country is divided was 6,631 tons tess than for the preceding fiscal year. During the year 1870 the tonnage built on the Atlantic and Guif coasts was 170,116, in 1871, 150,553 | tons, Pacific coast, 1870, 12,720 tons; 1871, 3,923 | tons. Northern lakes, 1870, 37,268 tons; 1871, 44,377 | tons. Western rivers, 1870, 56,859 tons; 1871, 72,139 | tons, It will be seen that there has been a markea increase in the tonnage built on the Nortlern lakes , and Western rivers, and a large talling oon the Atlanuic, Gull and Pacific coasts, Hydrostatic Pumps ‘To Be Abolished. ‘The Treasury Department has ordered the imme- diate sale of all the hydrostatic pumps formerly used by inspectors of bollets in making their annual tests, and steamboats will, under the regu- Jauons of the Treasury Department, be supplied with donkey engines, which are to be used herea(ter in making the tests. Tue hydrostatic pumps were 60 cumbersome and the expense of their transporta- tion 80 great, without affording advantages corre- sponding with the cost to the government, that it Was decided several months ago’ to limit their use to such inspections a3 could not be made without them, Respect to the Memory of Thomas Ewing. The resolutions of respect to the memory of the late Thomas Ewing, reported to the bar by Judge Bartley yesteraay, will ve presented to the Supreme Couct to-morrow towards the close of its session, when, after the usual preliminaries, the Court will adjourn a8 @ jurther mark of respect, ‘the Case of Collector Robb. Collector Robb, of Savannah, Ga., is still here, No definite action has been taken in his case, though efforts are being made for his removal. The report that a treasury agent has been directed to assume control of his oMice is erroneous, Kecognition of Foreign Consular Officers. Caleb Piummer, in “Dot,” One of the great dramatic events of the season will be the matince at Wallack’s on Wednesday ior the benetit of the Chicago sufferers. Fecuter, sup- | ported by the Wallack company, appeurs as Claude | Meinotte, in “The Lady of Lyous.” { An Indian drama and a@ representation of Chicago pefore, during and alter the fire ure the new lea- tures at the Comique, i Mr. Pedro Sterling appears a8 a monkey at the | San Francisco Minstrels. | Trince George Nicholas Galitzia commences a | series of grand Russian concerts at steinway Hall November ¥. | Miss Susan Galton and the inimuable E. D. pares have new atiracuions this wees at the St, james, Miscellane: Mention. Daly’s powerful play of “Divorce’’ 1s still ronning with unabated success at the Fifth Avenue, which | has become tie dramatic headquarters of fashion | and intelligence. Fisk’s celebrated Ninth Regiment Band, with the incomparable Levy and a half dozen other soloists, give very interesting concerts every Sunday evening at the Grand Opera House, Sothern is drawing Uke a mustard poultice at Niblo’s, and Lord Dundreary is the chiet tneme of the theatre-going public, | Billy Florence and his accomplished wife are at- tracung hundreds every night to the Grand Opera House in “eileen Oge.’? Leilingweil 18 the bright particular star of the Union Square Theatre, ‘This is Charlotte Cushman’s last week at Booth’s, No one should fail to Witness her impersonation of | Meg Merrilles. No change of bill at the Olympic, nor is there a likelthood of one while “dumpty Dumpty” fills the n House. has made a@ hit with “Fleur de Tné” at Aimé Lina Edwin's. Dan Bryant has “oceans of fan’ for his patrons this week, INSURANCE AFFAIRS, CINCINNATH, Oct, 28, 1871. The State Auditor has filed bills iv the Circuit Court, looking to tho dissolution of the Knicker- bocker, Equitable, Garden City and Com. | mercial Insurance Companies, these com- | panies being bankrupt. ‘Tne aggregate assets of the Knickerbocker, including capital stock not paid up, is $870,000, and its losses are $760,000, The Equitable assets, not including tne | capital, bu Inciuding the capital stock not paid in, 48 $330,000; its losses are $3,000,000, The Garaen City assets, not including the capital stock, is less than $300,009, and its losses are $2,000,000, The Sit nee eres oe “mount of $15,000,000, clusive of capital ic. and wD. aid, Of $500,00% pital BLOCK pald. a The President has recognized the following per- sons as Consular Officers for the German Empire:— Jonannes Roesing, Consul General at New York; Fredrick Wilhelm Zach, Consul at New York; E, stammann, Vice Consul at New York; Warner Dresel, Consul at Baltimore; Johann Hein. rich Gossier, Consul at Boston; Charles Otto Witte, Consul at Charleston; Heiurich Claussenius, Con- sul at Chicago; Adolph Seinker, Congul at Cincinnati; August Wiedermann, Consul at Detroit; Johann Wilhelm Jackusch, Consul at Galveston; Carl Thendor Ferdinand Schwartz, Consul at Lousvilie; L. Von Baumbach, Consul at Milwaukee; Johaonis Kruthschmitt, Con- sulat New Orleans; Heinrich Moeser, Consul at Pittsburg; Friedrich Wilhelm Hanewinckel, Consul at Ricumond; Robert Barth, Consul at St. Louis; Ferdinand Willins, Consul at St. Paul; Carl A, 0, Guisenberg, Consul at San Francisco; Jacob Ranois, Consui at Savannah. ‘The following-named persons have been recog- nized by whe President as Vice Consuls of Sweden and Norway:—Hagborth Sahigvard, Vice Consul at St. Paul, and Peter Svanse, Vice Consul at Chicago, Johu #. Cooke has been recognized by the Prest- dent as Vice Consul of Her Britannic Majesty at St, Louis, Returns of National Banks. ‘The following are the oMctal returns of national | banks at the close of business on the 2d of Octo- ber:— Bank: of | Cupitat tod pote | discount’, Virginias 10,0100 | 96,679, 198 | 97,068, 09) $74,000} — N, Carolina] 1,6 0.000) 2,080,600] 1,412,517] 27,00. | $5,635,240 . Carolin 17804,005| 1,656,154) 2,508,261) 11,000) 6,380,413 2,584,000) 1,794,209 8,129,645) 67,000 7,081,427 | '47,*9))'O5,782) '987.801] 18,000] 28adued | 2,000, 000 105,477 74,6. 1,317 612,117 | 08] 918,287) 755,818) 245,898) 9.871960 | BODW,UCE | 4,67y.304) 6,845,47%| 116,740) 12,654,243 Kentueky..| 4,103,710) 247,198! 4,375,193) 9,000) 11,984,089 Cineipndl, | 4,060,000) 6,826,403 7,986,200) 82,009) 19,823'9,5 Cleveland 8,000,000] 4,202,513) 6 ,533,09. 7.616! 11,714,797 St. Loui 6,50u,00.| 4,061,485, 9,269,398] 22,688] 19,686,634 * The resources and liabilities of Virginia banks ai | stated at over fourteen aud a half millions. pbc + With one exception, Persot Captain William Atwood, formerly a confidential clerk under Secretary Stanton and recently an atd on the staff of General Philip St. George Cooke, com. manding the Department of the Lakes. was among | the passengers lost on the Mil-fated steamer Coburn, | Captain Wiliam Conard, of the Fourth Auditor's | Million of bonds on each Wednesday in the month of November, or five millions in all, and to sell one million of coin on the first, third and fifth Thurs- days, and two millions each on the second and fourth Thursdays, or seven millions in ail, ART MATTERS. De Haaw Praise Meeting. A praise meeting on Sunday evening on the coast at Cape Ann furnishes Mr. De Haas with the aubject of his latest picture, It may be well to state at once that the “Praise Meeting” is only an incident which the artist has cleverly seized upon to give increased interest to an important composite work, combining the attributes of the land and sea scape, with some- thing of the genre added, It is due to Mr. De Haas to say that he has succeeded well in harmonizing the different interests and producing a most effect- ive picture, We cannot say that much novelty is exuibited in the treatment of THE SUNS&T SCENE. Those who are conversant with the artiet’s manner will at once recognize a tram of thought with which they are already familiar. Butin the “Praise Meeting” there ig a powerful though subdued dra- matic power which we do not recollect to have seen developed to anything like the same extentin Mr, De Haas’ former works. The scene is eminently impressive; !ull of fitness and propriety—no point has been stretchea to obtain sensational effect— @nd the very subdued nature of the principal in- cident lends to it a force aud pathos singularly ap- propriate, ‘The sun Is setting in the far West, and casts hia part- ing golden beams eastward along the shore of Cape Ann. Faras the eye can reach the coast extends on the right of the picture until lost in the DIM TWILIGHT SHADOWS of approaching night, while on the left, extending from the foreground, the broad sea expands away into the distance, The right foreground ts occupied by masses of rock, with a few figures scattered about to relieve the severe gray and brown tints which predominate in the rocks, which have been treated with force and truthininess both im form and color. It 1s quite refreshing to look at the fore- ground in this painting, for there we see real rocks, and could almost imagine ourselves standing among them enjoying the delightful sea air, In the middie distance rises a bold promontory, on which a number of people are assembled, and the setting sun has bathed the groups In a warm siream of light, ting- ing the upper ledges of THE SOMBRE ROCKS with warm, brown-red hues, The effect is striking, and lilts the groups on the rocks from thelr sub- sidiary positious and places them prominently before us, imparting to them an Importance which does not naturally belong to them from their place in the composition. At the sume Ume there remains an indistinctness of detail in this incident that pre- vents 16 from attractlug toy strongiy our attention, while the very mystery attendant on indistiactness comes to heighten the dramatic eflect. We can, therefore, enjoy the quiets rocks and the plashing waveleis breaking on the shore, or peer out ca- Tiously into the deep purple gloom settling on the sea, Where the biue water, taking 1ts hues from the clouds, seems to mingie with them in one coniused giass of BLACK PURP The beams of the sevung line, mingling with the waves and turning them into a sea of gold and purple. ‘This effect 1s height. ened by the exquisite ieeling displayed in subduing Anu soitening the brilliancy of the sunbeams and 80 taking away Much Of Ue sensationalism witch 1s attendant on the introduction of this kind of incl- dent. Mr. Haas 1s s0 fond of this effect that we are almost inclined to suspect that in his seaside wan derings the artist made (he acquaintance of some mermaid beauty ina scene which he ioves to recall; but while, asin duty bound, we admire his constancy, and admit thatthe effect 1s Seautiful and charming anu tender, yet we coniess ourselves lable to tire even of good things when they are presented too often tous, ‘The water in the foreground 1s capt tally pamted, the Wavelets seeming wo wash In, 80 well has THE SENSE OF MOTION been conveyed; but wie water in this littie bay, formed by the curve in the coast line between the rocks in the foreground and the promontory, ap- pears to us Somewhat Loo blue so near the shore, and we cannot seck tue cause in Lie reflecuuon Of tue sky, because in the fureground it is gray, Unged with yellow. However, this seeming defect may be due to some local cause of Which we are ignorant, The general color of the water 13 very good and_ its semi-transparent nature well conveyed. Tue painting of the sky ts magnificent and displaya greuc power in THE TREATMENT OF MASSES as well as Knowledge of cloud torm. The heavy mass of clouds seems tu float along the canvas, and the sense of the immensity which is behind, as weil as the immateriality of the Clouds, 18 conveyed with rare power. In addition, there the feeling of almosphere, 80 seidom met With except tn tne skies or Turner and Stanfield, and which gives such a charm to vainting. ‘the modeiitug of the cloud masses is excellent; but there is a little sameness 1n the detail of the luminous mass wheuce this high light of the picture proceeds. In point of color the sky 18 simply exquisite, aud there breathes turouga the whole composition a feeliug of delicate redne- ment which lends an additional charm to the tech- nical excellence of the work. In spite of the luml- nous effect of THE AMBER CLOUD, which offers a strong contrast with the cold browns and grays of the rocky foreground, the tone of the icture has been wonderfuily preserved, and ex- Ibits the most perlect unity notwithstanding ite composite character. Very nice feeling has been dis- played in graduating the sky tints, the brilliant amber hues dying away graduaily and aimost tmperceptl- bly Into the purple shadows in the background, and melting into cool greeuish grays, slightly unged with yeilow, in the sky toreground, which is here and there delicately flecked with ligh6 cloud streaks, ‘The composition of the scene is strong and effective, with much TENDERNESS OF FERLING revealed In the arrangements of the light and shade and in the choice of colors. Every touch of tne brush has been harmouized and made subservient to the general effect, and the resuit picture of unusual power, Everywhere evidences of careful and conscientious study Vee themselves, but, after ali, itis in the general effect rather than in the Getall that the excellence of the work strikes us. Looking at it we feel the motive that underlies it, and with no vague revelation. The scene Is full of charm, and its dramatic effect comes to us almost unconsciously. It possesses just that quality wuich is absent from most landscape paintings—a serious jurpose—and reveals at once force and poetic fecl- An the aruust SOUTH CAROLINA. The Military Operations Under the Prest- devt’s Proclamation—Haxging the Ku Klax— Lively Times, but the Worst Already Over. SPARTANBURG, 8. C., Och, 25, 1871. The battalion of the Seventh cavalry which left here last Friday night under the command of Major Reno took the direction of Cross, Anchor, in the lower part of this county. After beating about in the country for some time, in a manner that no one could understand, they suddenly turned off towards the east, and on Sunday night succeeded tn surrounding the town of Union before any oue was aware of their presence. But the bird bad flown. They bagged only four white, but were more fortunate tn securing twenty negro Ku Kiux, At least this is the report that came up by the Union train last night, Major Reno ts still operating in Union county; but, if reports be true, te will not be able to fud many persons to arrest, In consequence of this state of things the women and children are compelled to do all the farm work, ‘o to mill, gather an‘l crip the corn, take the cotton Oo market and such Iike, Many fine farms are being offered for sale in this county at a sacrilice py par- ties who are afraid of arrest. Strange and startling developments are being Made. Who would have thought that the patriotic General Bates was in tt? He that was in such high glee with the radical leaders; a Union Leaguer; & ready wituess fur the party in ail their straits to make up testimony ior Washington; a seller of land to the State Land Commission at double prices. And, then, his son, the Doctor, why 1s he In jatl Witn his father? He upon whose afldavits senator Scott's application to the President was made @ month or so ago. And, thea, his son Eliphus, the late assessor, why has he disappeared im such haste? We do not Know; we wash we did, Bat Madam Rumor, whose busy tougue is never still, is telllag some strange tales about the killing of the colored magistrate, Anthony Johns¢ Komor, however, in these Pars particularly, 1s e hear this morning tha fluential republican leaders, satisded that the thing 4s being pushed too far, knowing that IC ti fos on it WU rain the county, ana seeing that the Ka Kiox organization is completely broken up, with no fears of any further trouble from that quarter, are willing to petition (he autuorities to grant some terms tw these people, whereby they may rewura to their jomes anu restme peaceful labor, to be amenanie to the law. however, for any acts Of persoual Vie j Office, Who Went with the United States Commiasion _ lence