The New York Herald Newspaper, January 31, 1872, Page 5

NEW YORK HERALD, WEDNESDAY, JANUARY 31, 1872—TRIPLE “FREELAND. The Irish Press on the Herald’s Livingstene Expedition. Bautraordinary Scarcity of Coals in Dublin— Worgery on the Bank of Ireland—Its Connection with America—Impor- tant Pronouncements For and Againat Home Rule. Dusiin, Jan. 11, 1872, ‘Whe Irish press, of all shades of political opmion, zefer, in most laudatory terms, to the public spirit | and enterprise of the proprietor of the HERALD in starting a commission to ascertatn whether Dr. Liv- Imgatone is yet alive, and, if not, toclear up the mys- | Yesy of his death. They say, and say traly, that an expedition was mever before organized under gach circumstances, either in the Old or in the New World. It is wholly unique im the ammais of journalism. The proprietors of the Lon- @ew Times, the Daily Telegraph and other rich ewners of Englisn newspapers—nay, the English government iteelf—are censured for their parsi- meny and inaiflerence in refusing to take any steps Yoward ascertaining the fate of the great African wavelier. Referring to this commission, THE IRISH TIMES mays: “In a wonderful spirit of enterprise the pro- Prietors of the NEw YoRK HERALD, at their own ost and charges, prepared an expedition into the heart of Africa to learn tidings, if possible, of Dr. mrvingstone. What the British government | retused to undertake ar American = jour- | mal ‘has more than half accompilshet. The expedition consisted of three white men and 109 soldiers, guards and carriers, The distance actually ‘wavelled during the penod from March to the be- gimaing of July was 525 miles into the Interior, The @eccounts unite tn stating that Livicgstone was now an old man, with aisag, white beard and very fat. Me had shot himself m the thigh; ns had his shoulder put out of joint Ia fignt with ® lias; his men had all dase;ted him, and he had no goods; he had gone with sume Arabs to the north to Lake Mansema. Tae New YorK HERALD believes that Livingstone and the chief of the expedition will probably reach the Mediterranean by the Nild, if the Waters of Lake Marisema really flow into that river.’ THE IRISH PRESS. ‘Thus writes the Jrish Times, and thua Lave writ tem during the past few days five-sixths of the Bewspapers of Ireland of an expediticn which all agree in declaring 1s one of the most extraordinary enterprises that has been organized im apy age ©OAL BOAKCR AND DEAR, Daring the part fortnight the pecr of Dabitn, and, Indeed, the citizens generally, have been sorely Pressed by the searcity in the sapply and by the high price of cou!s, ‘Ine storms wo have had lately prevented the importation of fuel. Fieets of colliers Rave been lying weather-bound for weeks past in the English ports, ani hence tbe scarcity in this maoat necessary article of life, Last week coals ranged from thirty shillings to two pounds per ton, and were retailed to the poor at three shillings per So high a price, bwas tola by @ man long In ‘eke business, was never paid in Dublin within the memory of man. That a supply of one of the great mecessaries of life to the people of a city like Dublin @keuld be dependent upon the winds shows mn what backward condition trade still is among us. I meed haraly say that, under the circumstances, a targe number of persons were reduced to great Want and privation. It is satisfactory, however, to Mmow that, as I write, several vessels, coal laden, ave in sight of Kingstown barbor, and their burden Whi be a welcome boon to tue people of Dublin. THE BANK OF IRELAND FORGERY. ‘The discovery of the forgery on the Bank of Ire- fand, and the arrest, as 1s supposed, of one of the has led to the unfolding of a deep-laid con- racy for defrauding the public throuyh the me- m of the circulation of counterfeit notes. The d notes were manufactured in America and ‘Wansmitted by registered letters irom that country te accomplices ir. Irerand, who received each packet conaigned and proceeded forth with to pubthe ©ontents into circulation, All the notes that have Deen found are numbered “98,520,” and are dated “November 27, 1869." ‘The authorities believe that the forgeries do not exceed a sum of £2,000, Tippe- ary Was the first place where this imposition on the public was attempted. For a few hours the Swindlers were very active in circulatung the coun- terileit notes, and reaped A GOLDEN HARVEST at the expense of the unsuspecting Inhabitants of rary; but they very quickly decaiped. Tneir BeXt appearance was 10 Limerick, and there their beanie Were soon discovered, one of their num. arrested and lodged in ‘lipperary Brideweil. an his arrest, [ understand, very lmportant infer- tion has been communicated tO tue autuorities, ‘Which 1s likely to criminate ail those connected with the conspiracy in Irelaua. THE HOME RULE AGITATION, as it Is called, nay now be said to have fairiy com- menced. aa Ol the Jeading public men both im | Eagiand and iretand think that the ume is come | ‘When they ought no loager to conceal their opinions | a this quesuon irom the public. Three or four | Cabinet Minisiers nave spoken upon tois subject, | nd during the past few days tiree very distin- guished Irishmen have published their views on tbe fame question. ‘The first 18 THE 0’ DONOGHUE, once the leader of the national party in this country, She “‘Chieitain of the Glens,” us the people love to | €ail nun, the nephew of Vaniel O'Connell, and one | Of the ablest representatives wnat Jreland sends to the Imperial Parliament. The O'Donoghue, mm the Most emphatic manner, condemns the home rule agitauon, aud declares that, so long as he has a seat in the House of Commons, be will give nis sup- toate to that party which has established religious juulity in Ireland. For this public expression of opinion be is denounced by the NATIONAL PRESS 28 a political apostate, a renegade, and a place- bunter; he ws deciared unfit to represent an Irish constituency, aud a desperate effort will ve made at the next election to oust bin from tue representa- taon of Traiee. | | ISAAC BUTT. The next person 1s Mr. Isaac Butt, often called the father of the homerule movement. His opinions on the question of Irish nationality are so well Kuown that { need not say what they are; sufice It $uat 4 great demonstration 10 his honor took place Jast niglit in Limerick, the city he represents in Par- lament. At ts: banquet given to ulin im the thea- tre of Linerica he said that no matter What conces ous tue Engiish government mignt make to Ire- land, the Irish people would never ve satisiea until Shey hau the mauazenicat of their own adairs. He himseii wet to Parliament, not to support any po- | hhucal party, but wo advocate any measure which, | ‘Whether directly or indirectiy, tended to secure this feat national voon to the people of ireland. I may | Femark, en passant, that the “city of tne violated | treaty” wis aecorated with green boughs | @nd = = bapners, the streets were crowded ‘With citizens and ers who flocked In irom the surrounding country, and the enthusiasm of the people Was intense as Mr. Bult, Who was accom- ied by Mr. Joun Marin, M. P.; Mr, P.J. Smyth, P.; Mr. Slaguire, M. P., and iollowed by an im- mense concourse, passed’ on in procession. ‘The Whole may ve regarded as a great home rule @emonstraiion, But the most tuportant punlic declaration ou this question 18 that of BISHOP MORIARTY, of Kerry, who, being asked to decide between Mr. Dease, & supporter ol the present government, and * Mr. Blennerhasseti, the howe rule candidate, issued the following address, which 13 likely to attract attention, both in tis country and in bug. id. The jollowing 13 AN EPITOME:— The agitation for what is called home rule is, in she present circumstances of the couutry, one of the most mischievous movements to Which te Beoris, have ever been excited, The peopie are ae- i by @section of the so-called popular press, ‘Wiuck gives them evil counsel and endeavors Lo sap She foundations of faith aud social order. Amoug the leaders and followers of this movement there are men Ol the purest public honor and vir- tue, but those Who iorm the motive power or the @gitation are the peopie’s enemies. Among thei are some who, alew years ago, sounnt to plunge She people ito @ rebellion Which ended In shame belore it had time toend im siauguter, and who would have vecome what the Communists of Paris Decame, Those who falied before the anathemas of tue Church, and quaile, before a jew soldiers and icemen, are now ac\ing under cover of constitu. Bona agitation, and (he people ought not to trast thew. A few of the leaders are favoring the agtiauion in order to embarrass the government, to avenge She disesvablishmeut of the Protestant Churca; Q@nd as soon as the tory government comes in there ‘Wil be an end of the home rule agitation, Dr. Mo marty belleves that agitation must tte the hanas of Statesmen who have served their country, and only retain power that they may complete the work of beneficent iegisiation. He prays the people to watt ® lite, Let us have a few more good Measures from the imperial Parliament beiore ‘We part with 10 before we try the future Parit of home rulers, of which we know neither t stiiution nor the spiril. Let us vave the education question settled, If Irish members go to Westmin- mer pledged to a policy of disruption may not the ‘Munisier consider bimseli released (rom his piedges, @od fairly abandon, th the face ol secuiarist opposi- tou, an attempt which the Irish people bave reu- Gere iruitiess, He calls on tne Irish people to stand by Parliament, which bas given security to properiy and protection to farmers’ lives by de- iViNng assassins Of thelr Liberty, It is not so much plan of Parliament these agitators desire to ze, but thelr Objects are socialistic and revolu- Monary. ‘The time may come when treland may Rave a united Vatilament, but, 1 her present state Of Asunion, seli-government Would only be & War (04 favtion and of class. | bill produce letters STATE LEGISLATURES. NEW JERSEY. The Duty on Silk—Examining the Great Rail- way Leuse—A Catholic Collece for Jersey City—The Jersey City Charter. In the Senate yesterday the resolution calling on the members of Congress to oppose the proposed re- @ucjion of the duty on silk was again: brought up, and, after some debate, was referred to a com- mittee, In the House, Mr, Varse introduced a resolution, which was adopted, prefaced by several ‘“where- ases” for the appointment of a select com- miuee of five to inquire into the lease of the United Raliroads to the Pennsyl- Fane penrosd, and to make a special investigation, Resolved, That a select committee of five be appointed by the Speaker to inquire—tirst, into the steps taken preliminarily to the execution of said icass by the directors or officers of the companies whose works have beon leased; second, whether the terms of the lease are (air and just to the State and to the citizens thereof, and, if not, wherein the injustice and unfairness exist; third, whether’ the terms of the lease affect the right of the State to take the works of said com- Panies at cost, as provided {a their charters and supplements thereto, ana, if so, in what manner and to what extent; and fourth, whether any action is now neces to secure said right or to prepare for ity exercise whei time to take these works or either of them shall arrive ; and that sald com- mittee report thereon, with all the evidence taken by them, and that they be authorized to send for persons and papers, to take testimony, and to ait during any recess of this body. Among the bil!s now before the House is one to incorporate St. Peter’s College, Jersey City, and Rames John Bapst, Joseph ea, Henry Hudson, Victor Beaudevin and John McQuade as in- corporstors, with power to erect ana maintain schools and churches throughout the State. large hatch of Srapainens ig the Jersey City charter was presented to one of ihe members from Jersey City by & committee of the Citizens’ Asso- ciauon of Jersey City, The amendments are so nu- merous that it would be much easier and more ad- vantageous to the people of Jersey City to repeal | the charter altogether. It was rumored in both houses that indictments were found by the Hudsou county Grand Jury against several of tne Commis- sioners who were legislated into office by the char- ter. Several republican members declared thatif tne rumor prosed to be correct their party now dominant in the Legislature cannot shoulder the Sagres of allowing such men to continue in office, ides, ty, Parné attempt to legislate men Into office as a Board of Education in Jersey City 1@ not much im favor. Senator McPherson’s bill giving the Mayor Common Council the appointment 1s more ap- proved. That plan, however, it ts represented G4 prominent men of Jersey City, did not work well, and the prevailing opinion ia in favor of an election by the people, ‘An effort 1s being made to secure another gas company for Jersey City. The promoters of the om several respectable citizens showing that the bills of the Jersey City and Hobo- ken Gaslignt Company furnished to consumers Nave been most exorbitant, and tne gas supplied of @ very poor quality. NORTH CAROLINA, Genera! Ransom Elected United States Sei tor—A Victory fer the Democracy—The Re- Publicany Deny the Right of Election by the Legislature—History of Vauce and the New Incumbent. RALEIGH, N. C., Jan. 80, 1872. Tne special order for to-day being the erection cf @ United States Senator to fili the vacancy occa- stoned by the resignation of Governor Vance, both Honses of the Legislature proceeded to ballot. General Matthew W. Ransom was thé nominee of the conservatives, but the republicans, believing that the election was contrary to the act of Congress in such cases, and in the hope that J. C. Abbott, the contestant of Vance’s seat, would be ‘finally admitted, presented no candidate. They, however, participated in the election to some extent. In the Senate they made no nomination. One of their number attempted to protest on weir behalf against the election, RANSOM NOMINATED KY THR DEMOORATS. ‘The democrats nominated General M, W. Raasom, Thirty-two votes*were cast, and Ransom received them ail. All the aemocrats and one republican voted for Ransom. Ali the other radicals reiused to vote. In the House the republicans made no nomination. Eighty-six votes were cast, of which Ransom received sixty-nine. Aji the conservatives but one voted for Ransom, and that one voted for | Judge Merriman (democrat). All the republicans scattered, except one negro and one white, who voted for Ransom, Upon the announcement of the election of the new Senator there was quite a suppressed demon- stratiomof applause in the lobbies and galieries of both houses, which was promptly checked by thé respective presiding officers. THE SENATOR RESIGNED. Vance was a whig. and as suctt was objectionable to a great many leading democrats in this State. At the time oi his nomination as Senator he barely beat Ransom by two votes. ‘The election, to-(tay, of the latter gives general satisfaction throughout the state. THE NEWLY ELECTED SENATOR. General Mat W. Ransom was born in Warren county, October, 1826, ie graduated at the Univer- sity of Norih Carolina with the highest distinction and took for his profession the law, wiicn he practised with great success, In 186% he Was elected Attorney General of the State, which position he resigned in 18% Hie was a member of the North Carolina Legislature Iu 1868 and 1860, In Feoruary, 1561, he was sent, witn Governor Swain and John L. Bridges, on & peace commission io the Montgomery Cougress, while Judge Ruiin, Mr. George Davis, Goveruor | Morehead, Governor Read and Mr. D. M. Barringer were sent to Washington city on a like mission. When hostilities began General Ransom lost no - time in volunteering in the Confederate service. His rise and promotion tn the army were rapid, was Lieutenant Colonel of the First North Carolina infantry, then Coionel of the ‘Wnirty-fiith, then Brigadier General, and then a Major General. In person he ts tail and commanding, neat in his dress and elegant t his manners. SOUTH CAROLINA. The House of Representatives Anxious to Re- tafo the Import Duty on tiice. COLUMBIA, Jan. 30, 1872, The House of Representatives have adopted jomt resolutions declaring the proposed reduction oi the import duty on rice unwise, partial and disastrom: also structing Senators and requesting Keprese tatives vo use their Influence to secure tue continu. ance of the present auty. MISSOURI. The Temperance WVill—-40,000 Thirsty Citi- zeus Provest agaiust Prohibition. St. Lovts, Jan. 30, 1872, In the House to-day a bill was passed authoriz- ing the Superintendent of Insurance to withnold from insurapce companies which{have not pald their taxes ceruficates to do business antil te taxes are paid, In the Senate the Temperance bill was discussed. Aremonstrance signed by 40,000 of the ciizens of ‘St. Louis aguinst the passage of the bill Was passed turee times around the Chamber. He OBITUARY. Jnmes Jones, of the Baltimore aad Ohio Rail- road, James Jones, for many years tue general Eastern passenger agent of the Baltimore and Ohio Ratiroad Company, died suddenly at nis residence in Roches- ter, N, Y., on Saturday last. ‘The deceased teft the Erie Ratiroad office on Broadway on Friday im apparent good health, and had scarcely reached his bome when he fetl dead, the victim, 1¢ is sup- osed, Of heart disease, He was very popularly nown ali over the United States im couse- quence of hls extensive connection witu rall- Way business, and to name “Judge Jones’ among rairoal people was to name oue whose character and Kindness of heart were aiready His Adelity vo the interests of bis him @ confidenuial and trasted Mr, Jones Was born in the wesvern part of ers made y agent. ¢ the State of New York, Was avout fiity-81x years of age, and was early identified with tne Erie Canal Davigauion. He leaves a widow aud oue child, Mr. Frederick Friend died im this city on Friday January 29, at the age of eighty-two years, He was the sou of Angel Friend, one of the old Knicker- bockers—said to have been the first maker and im- porter of clocks 1m New York, He was born in Ger- Many, in 1790, and came With his parents from | terms and of their suce: \ \ 1 | ment | Anu holding to the words of this section, and relying upon ease THE FOURTH JUDICIAL DISTRICT. The Contested Judgeship—Decision of the Court of Appeals in Favor of Judge Potter. " ‘The Court of Appeals at Albany rendered the fol- lowing decision yesterday :— The People ex rel. Samuct W. Jackson, Appellant, ex, Joo - tery Revpemtent, he J Parker, for appolinast Goce Fe Comstock, 8. Hand, Jobn H. Reynoius, A. H. Tanner for Fespondent. oc FOLGER, J.—The facts of the ceo case can be briefly stated. urt for the would not expire until By the sixth section of was empowered in ee eacpiration, | of term. But of November, 1x71, he restzued the o Of Noveuber, 1871, ab the ‘get tion then. | duly held in the Fourth ‘district, the evectors thereof chose | Joseph Potter to succeed him. This choice was for the full term of fourteen vears, provided for by the thirteenth section oi that article, The full term was to bave its beginning on | the let day of January thereafter. Tue resignation of Mr. | Justice Rosekrans occasioned # vacancy in the otlice, which | the Governor filled by the appointment thereto of Samuel W. Jackson, the appellant herein. This action of the (ove ernor was authorized by the provisions of section 9 of that article, which reads as follow: Src. '9.—When a vacancy shail occur otherwise than b; tion of term in the ottice of Just if the Heecea eal te Riis tera hile a theten eat election happening not less than wree month ter such vacancy occurs; and until any vacany shall be ao filled the Governor, by and with the advice and consent of the Senate, Af the Senate shall be in session, or, if not in session, the Governor, inay appoint to fill sich'vacancy. Any such ap- ointment shall continue until and incvuding the lust day of 2 ember next after the election at which the vacancy shall cur. At is now claimed in bebalf of Mr. Justice Jackson that by virtue of the appointment of the Governor be may hola the Ollie until the last day of December, 1872, and he appeals from the judgment of the General Term of the Supreme Court, denying his right #0 to do. Tt will not escape attention that the argument by which the appellant’s position is sought to be sustained is confined to a consideration of the ninth section of the sixth article of tae constitution. To be successful it must not only be so re- stricted, but must insist upon a rigid Mteral and exclusive adherence to toe terms of the section. In this it runs coun. | ter to cardinal canons of construction. In the construction of ry jay ‘every part of rt must be viewed in connection with thre Whole, 90 a8 40 make, i possible, ail its parts Barmouious, (1 Kent, The intent of the law-maker ia to be soughtfor, When it is discovered it isto prevail over the ‘iteral meaning of the of the law. this intent is to be dis- | words of auy covered, not alone by cunsiering the words of anv part, but the resuit of the election last fall snowed ‘a grand ascertaining the rgenerai pul ‘of the whole, and by | uprising against the republicans in Jersey City, | considering tneevil which existe calling for the new enact: | Tunbatetedoe the tptorcane tee uanags | Sounder ie Neuere ae forests | [t 1s concete: y the republicans that the 1 a ol | of that charter worked irreparable mischief to their | £0 consirue @ getleral purpose. shall be thwarted, ‘apoly to the construction of a that of @ statute law. (Per Johnson, J. TN. Y, 7) xth (or judiciary) article of the constitu- ton 1s considered certain pur} ‘are clearly indicated. It was purposed to provide tor the State a yeneral and com- plete and continuous judicial system, und to create or rev inize and continue ali the judicial ofices needed there! fave those of invertor local courts (section 19). It was de- | signed that the geueral and (except in cases of exigency and for some inferior local cours) the exclusive mode of tillinj theso oifices (uoless the people, at a time therein provided | for, do determine otherwise, 417) should be by elec- Hon ‘by, the, people, ,and “not by appointinent ‘seo | tions 2, 13, 16, 16, 18, 19). ‘And that election | should, for the offices of high oe a gencratoue, when it was more likely that the whole people | would take part in it, It was concelved tbat the system to | be supplanted w: in the short term of oflice it | by the new article to create | and secure a longer term an] te avoid fractions of teria, (Sections above cited and actions 3,9 and 12.) It was de- Signed that one full term anould follow, directly aftor anotuer full term, with no break of regular and connected succession. | It was so arranged as that these terms should end with | one and begin with another, and the next poiltical year; whereby the people and all their executive oflice: should know beforehand to take care for the expiration of a term, by provisionto that en! at the previous general elec- tion ' (sec. 2, 13, 15.) Ithough this articla does.not in terms speak in these secions of the gene jection, yet a constitution is to be held as prepared and adopted in refer- ence to existing statutory laws upon the provisions of which im detail ft must depend to be set in practicn' Cage vs. Dillon, 2 Ohio, N, 8., 607, And see per the People vs. Mayor, £c., 25 Dento Ch. J. in ‘the People va, Draper, 15 N. Y., 632-87.. Such are some of the more important general purposes of | this judiciary article, These were some of its provisions which are in regular routine to be ordinarily operat@e. But | there were aiso contingencies apprekended ani to be pro- | vided tor, which could not be met by them, and which re- | quired exceptional provisions of occasional and temporary operation. It is consonant with law and with common sense that these should not clash with the general design, but should be in harmonious should be in the mature of (Dwarris 818) or, exceptio amaler When a general {utention is expressed a. constivution as Neweil vs. People, When the wh 2 v ie ing clauses in a statut ia woonveyance, something | fwelf and not nuliifying tt (4 Ken: "488), fd anact, aud | Iso @ particular intention incompatinie therewith, the last ai! not restrain the signitication of the first. (Andree Fletcher, 3 T. K. 164. Churchill vy Crease, 5 Bing, 180.) It was foreseen that 1n the varidus ways designated by the statute as to vacancies in office (1 RK, 8. 123, sec, 25), vacan- | cles would occur, to the public ‘harm if left untille’, So the filling of a vacancy was provided for (sections 8, 9, 12), it catches our attention as to this too that the general plan o/ the article is still held to. ‘Only the vacancies designated in the statute are provided for. ‘These do not laciude a result of ‘an expiration of the term of | the office. ‘That is sulil lett to be provided tor according to the general purpose by the choice of the electors at the gen- | erai election previous thereto, and vacaucies care. for are as a prime intent to be filled by’ election, The election to that end is to be tor a full term s0 that then also a fractional term | bey. be sounned, ut just bere a porsible mischief was to be guarded against, It was a matter of political and judicial history that under | the late system a vacancy had ocvurred in judicial ollice on | the eve of an election, and that without the formalities of notice from the Secretary of State or from the Sheriff of the county, or from any other oiicer prescribed by law, one had been cliosen to fill the same. [The People ex rel. Davies va. | Cowles, 1S N. Yo. 300; 1 vol. Laws of 18%, chap. 240, p. 263, nec. 7] And it was perceived as a possibilty that, un e known’ to the mass of tie tlectorm “an tncposiverable | number of them might exercise the rixht and periorm the | | duty to which ail should be called, auda few votes cast without ‘al notice might choose Micumbent for the vacant oilice, He mizht be ove unlit tor the place, | unworthy of the confidence of the people and unable to se- cure their suffrage. There was this possible danger to be | forecast against. And to that end a nove and peculiar pee | on was adopted. It was that, though as a general propo- sition the vacancy should be filed at a general election full” term, yet as an excep! re should not ‘be filied by election | at tion happening Jess than three mone after the uukt occur, 80 that full notice should be bad of | the oceasion. as 'it might in such cage chance that «ome | time would elapse before the vacancy could be supplied by election, to the public inconventence, this further contingency was met by this other still more suborditate provaion, that until {t should be so filled the Goveraor was empowered, with or without the advice and cousent of the Senate, as it should or should not be in session, to fill it by appoint- { | | them alone, the proposition urged in behalf of the appel- Jants ts, that the choice of the electors 1 defeated—a choice made ut the general e'ection previous to the prenxed ex- piration of a regular a choice of @ successor for a new | and fu in ita regular order of succession. The proportion is that the selection by the peop.e Is post. | poned w political year and thrown beyond the Commencement of the foreordalned regular terra; that practical term ot twelve months or over 1s created, ‘and that Such creation is by executive appointment, and not by elec: tion, It is apparent that if auch a construction of the ninth section is adopted much of the general tention of the article in nultiti Owner more trritating evils must flow from such & construction jf it shall prevail. It i true that where there 18 no doubt of the intention of’ the lawmaker, an argu- ment from the consequences of the enactment can have no weight, (The People ve. Green, 2 Weed 277, per Mare; But the converse is also true. (Ayers va. Knox, 808, and see Henry vs. Tilson, 17 Vi, 479.) conventence will result from @ particular construction, construction is to be avoided, unless the meaning of the law- maker ve plain, Every point is 0 be con . tention extracted from the whole, (U.S. 1 Cranch, 858.) “Where fandamental principle thrown, where the general system of the law in d the legis! irresisti tive intention ted ' from, must be: clearness; and in such a + d the consequences of a pi ticnlar If it appears that by a con- struction in a particular case great public interests wuli be sacriticed, ft onght not to be contended that the law-maker contemplated stich # construction, in disregard of suca in- terests. (Zje People vs, Canal Comm., 3 Scam, 160.) If a vacancy iif a term just about to expire, occurring by a resignation made the day before a general clection, may defeat the electors of their priviiege to choose an incumbent for the new term just pout to #0 @ resiqnation on the ‘day after, ny day after the electio will have the same effect, ntee of the Governor, who, according to this construc. may hold the ofice for the waole of the polities! year ding his appointment ean, before that year expires, three months of the general election of that year, | during the running of ti More than that, too, the or after the general election and during the year, resiyn hie office, and then a vacancy again oceurs, to ve m filled by appointment for ike fractional term or tweive months or more, And tuis succession of appoint ment and resignation and resignation and appointment, may be kept up as long as the judicial and executive servants | of the people may be willing to actin it. Thus would the | electors be permancatly defeated In the exereise of their eo atitutional privilege of cho: 8 pot to name all evils which would thus resul jelont to say th: id work an entire perversion of the spirit ant ge q iciary article; and for that reason sue! triction 8 to be rejected, upon the principles of eo ruction alone laid down, uniess the clear and unmistakabye | ree of the ninth when read io connection with the | at of the article ants But we are not thus bound, save by a rigid adherence to | the very letter of the section, regardieys of otter parts, of the article of e ual or greater iinportance, and of equal claim tocons{ieration. ‘The ninth section says that “when & vacancy shall ocour * * ihesame shall be filied fora | full term at the next general election, happening not less | than three months after such vacancy occurs.” But the | Sixth section, which is concerned with the general purpose of |, the article, says that ‘there shall be the existing Supreme Court * and it shali be com; osed of the Justices now | jn office, who shall be con: 8 tinued during thelr respective | What are the e ive terma” is to be ascertained by retorence to the # und the facts of exch case, In this ease the term began January 1, 1864, and ended December BI, 1871. The thirteenth section says “Justices of the Su- | Teme Court saall be chosen by the electors of their respec- ive jlidicial districts.” Aud as constitutions are framed adopied in depeadanee for the detatis of their operation, un- Jess otherwise provi J tute law then exis is the same as if it general election next preceuing the bes term of their predcosssora.' ys:—"'The official term of whi general election then | To | of the law beyond tneremedy, and | ment by th | @ prayer by Mr, the mi Fence and temporary. It is not blowel oul, bul being Dre- Dared tor # contingeucy, and for a contingency only, it must abide in aubserviency until the exact contingency approaches “Orfhe language of tae sect When ® vacancy shal ¢ language of the section 1s:~'*' a occur otherwise than by expiration of term in the office of Justice of the Supreme Court.” Such » vacancy as hero Plovided for can occur only ‘before the expiration of the | of office, as that term has been by construction and the laws beforeliand fixed. It can occur only in one of the seven ways proviced for bythe statute (R. & above cited). create a vacancy the incumbent of the term not yet ¢! ired, and in which the vacancy isto be creates, must, be- fore the expiration of the term of ald ollice, firnt, die; second, resign ; or, third, to be removed; or, fourth, cease to inbabit the district; or, mxib, refuse to take the fifth, be convicted of crime; or, oath of office; or, seventh, be re- moved oy eee decision. ‘The we used the term of such office.” though iu the statute, “before the expiration of tion, still more clear the they are but words of can- meaning and intent, plain, as an abstract proposition ap: from the words of any provision in regard t that no vacancy can be wrought in an office by the act or fanitof an incumbent after the expiration of the term for which be was at first entitied.to bold it, And equally plain fy tt, ag an abstract proposition, that by no act or fault of his, while holding the bflice and before the expiration ot his term thereof, can there | ‘vacancy in the office during the term’ of a suc: | regularly chosen, And yet, In strictness, such is yropomtion argued for the appellant. claimed that by the resignation of Mr, Justice Rose- krans not only has be created a vacancy in tho oilice during | the remainder of the term for which he was entitled to hol. (ec: of his resignation forward vacancy in term next succeeding bi term existing inexact and iiteral accordance with domi- neering provisions of the constitution and of the laws, and to waich the privileged electora have chosen an incum bent now living, and who bas quatified, Mr, Jnatice Rose- krans could not resign that which he did not hotd. He «id | | | not hold, nor was he entitled to hold the term beginning January’ 1, 3873, nor any part thereof, He could not, then, Fesigu thai term nor any Bhel ih exes tbe resignation Walch ho made could create: 20 va, candy in thé ollice for that term or any part thereof, Hence there was no vacancy in that oflice tor that term to be filled, Ror tor any vart thereof. | The vacanay which he did create was for the remainder of his unexpired term and for no and when the power conf ‘This was the vacancy to and no 5 ferred by the ninth sec. | tion of the juciolary article, is invoked to fill th vacancy, great the abstract extent of the power, as the language in which it is conferred is sevarately Considered, 1t in Hmited in its practical exercise in the parti- cular case by the constraining force of other parte of the article to the exact object to be accomp!ished, as that obyect ia made specitic by the facts of that particul In'the case In hand, that exact object was to fill a vacancy begin- ning 6th of November, I871, 1p an oflles the regular tern of hich was wiexpired, but which would expire on the Uist of ember of that yea: ‘The Governor had the right to All this vacancy by appoint- ment, inasmuch as {t occurred lose than three months before the then next general election. ‘Thus one of the methods of filing the vacancy was operative. ‘The other, by all the | facia of the case, was not, and never could be, For before the next general election, happening not less than three montns after the vacancy occurred, no vacancy would exist in the ofice, Prior thereto the other prov sions of the article, equally entitied to have effect, had iu their prescribed Operation conspired to create # full term in which there has nO Vacancy t” Lill. ‘Aud wien we consider another rule the same result is ar- rived at. And that is the rule that the evil sought to be pre- Vented Is to be ascertained, and the new etment adopted for ite corrections is to be read in view thereof. And though this rule 18 generally invoked in ald ‘@ literal construction of the statute, so that the remedy In- tended may ourel, yet it is based upon the idea of ar- riving at the intention’ of the Legislature by considering what waa in contemplation when the law was enacted, And ft fa e jually rational to recur thereto to prevent a ching 80 Deyond the intenilou, fas it isto bring it up to the full measure of the proposed re- | Met, | Now, as we bave said, the evil apprehended was the com- fog int) judicial oflice 9 Hila vacancy in a occurring just before an election, at which it could by the constitu: tion be flied, of ‘one chosen by but @ few of the electors better apprised of — the opportunity than the great body of tuelr peers. The | remedy was to forbid an election to Lil a fortuitous vacancy unl such t ine had elapsed iter it happened as that a knowledge of e OC yn should be ead abroad and generaily acte upon. Ard w the desire to avoid fractional termi a provision that when an election in the order of the article took place. ft shouid be for a full term. ‘Now to construe this _as resulting in the possibility of an unlimited 8 of fractional terms and a complete ignoring of the elective tenure of the judicial oflicy 18 manifestly, we think, a diversion to another purpose of the work of” the framers of the article, Itis an avoidance of the «rections ‘of the sixth and thirwenth sections to an extent which, with- out violence to ¥eitied rules of construction, may be repelled, ‘The words “any vacancy” in the purase “until any vacan- cy aball be so filled,” in the ninth section, been some- what reifed upon as extending the meaning of the first part Of the section, It docs not appear to us that chey conver any other meaning than the worcs “the vacancy” in a sim Jar connection in the third section. In both cases they refer and are contined to the vacancy spoken of in the prior clauses of the se ‘To sum up Co must be read togethe unison with each p watch pro: ides for a 1—We conceive that the whole article ut each must be made to act in hat where there 1s conilict that yency must be held to be subser- pa contin vient fo those which provide for the general purpose, and ror ‘that events sure to occur xt stated intervain; “s apparent that the general plan {x for of fourteen years, each in the ollice of Jnstic of the Court; that these terms shail be provided for by t Of the electors at a general erection next precediug the ex- iretion of a fullterm; that the t shail begin on the rat day of January next after such general election; hat when « va occurs by reason of ani the ignated in the statute ane st longer than the term in which ‘occurs; cours more than three months be- fore general election, if It wotld exiat beyond or into the then next political’ year, it ball be tilled thereat, and the person chosen’ sball have a fall term ef fourteen years, beginning on tue Ist day of Jannary next there- ‘After? that when a vacancy occurs by such reason lees than three months betore a general election, the Governor, the lastday of December next after the appoitment if it Le a vacancy occurring in a term which iiseil expires on that day ‘1 our judgment this construction of the article and its several parta givea to each part its due force. It annuls | none and conines none in ts operation, #ave to the gene- to meet whien it was pro- from Tal or particniar vided, It case foresees aa sure to time ‘the occasions when what we general provisions of the article will do their allotted work, And as Hkely sooner or later to arise the diiferent exigencies when what we have erme the particular provisions must be relied upon and twed to save the puolle service from em: parrassinent, It follows from these considerations that the resignation of stice Rosekrans created a vacancy tn the ofice of Jus- the Supreme Court forthe Fourth Judicial district n from the day of his resignation until and jast day of Ly hat the appoint+ Governor cou xcs of tine and no longer; that the rigut of Jackson to that oflice ended on the day last named; anu that the resvondent, nd legal Justice of the 1 District for the term ise time to Mr. tice of no longer th including t n Joseph Potter, 1s a cons itusional Supreme Court for the Fourth Juste of fourteen years, beginning on the Ist day of January, A. D. 872. ‘Therefore the judgment of the General Term appealed from should be ailirmed,— THE TEMPERANCE CAUSE. Monster Meeting at Evening—Specches, and Music. Under the auspices of the New York County Con- vention of the Independent Order @f Good ‘tem- plars an immense public meeting was held last evening im Steinway Hall, the primary object bemg the promotion of “the cause of temperance and good order.” Seidom, indeed, has so large an assemblage congregated within the walls of that magnificent edifice, for not only was every seat m the house occupied, but alinost every available foo; of standing room was brougnt into requisition for the accommodation of those who were so unfortunate as to arrive after tae Commence. ment of the exercises, Seated upon the spacious plattorm was a large number of ladies and gentie- men, all wearing the regalia of the order, ana the majority of whom participated in one way or another in the exercises, At precisely elght o'clock County Deputy Henry Cates calied the assemblage to order, and, after an overture by Mr. J. Astimal! on the grand organ and . M. Cates, Mr. i, UH. WiLL fasts, steinway Hall Last Reading, Kecitation SUPERINTENDENT OF EASTERN NEW YORK, was mtroduced and made a few brief remarks, A solo, “Dreaming, | Tuink,’? by Miss Louisa Harm- mound, a charming young lady, who, most unfortu- hately, 18 bereft of sight, followed in the wake of Mr. Williams’ remarks, and received an overwaelm- ivg encore irom the appreciative audience, Mr. G. W. BUNGAY, although announced in the programme to Wind up the proceedings with an ad. of his characteristic aud forcible arguments on be+ haul of the temperance cause. Mr. Bungay said enjamin Franklin was tie father ol tein perance in this country, When at his trade in London he was, as | in after life, a total abstainer, and once sata that he | could lift twice sa Much as those Of his fellow Work- meh who were accustomed to strong drink, Many of the representative journalists of our city he asserted are strong advocates of ue temperance cause. “Nor can you find a REPRESENTATIVE NEWSPAPER MAN who does not approve our cause, It may be op- posed to local promoition or some other of our minor hobbies, but the justice of our principles he rofessor of music in usticesy shall be elected after the Eiwerientt, Prussta, whea only” five years | Sdoption of this article, shall be fouteen yonrs from snd in ola. When ‘twelve’ years of age he ” was | the general ele ay or ut the feat EOP TORMTTARY | placed with @ Mr. Cooper to learn the trade of a | Now lett AY tte” aoptio of | wheelwright, te became converted to Methodism | the article Mr. ¢ Rosecrand could continue in in opposition to the will of ms mother, tue grand. | ofiee during the term for which he had been eiectea mother of Messrs. Jolin and George and Rev. Fatuer | &84 won Wuich he was thon serving, On the expiration of Hecker. Mr. Friend Was connected with Rovert Fuiton in constructing his famous steamboat, and, ou July 4, 1915, he engineered tue war steamsiup Fuiton down to the Narrows, . William A. Kirtland, William A. Kirtland died at West Brook, Conn., on the 24th of January. He was carried off by brain disease, at the age of twenty-five years, Mr. Kirt- land was the sole survivor from the shipwreck of the Charies Lawrence, which foundered at sea, October 1%, 1865; also, With four others, from the steamship Varuna, of which he was second and ouly surviving officer, whick foundered off the coast of Florida, October 20, 1870. He returned to his residence with every hope of a long aad useful career, out, stricken by disease, has passed away, alter an eventiul life, oven before he had reached the prime of maahood, ‘ that term, on the Bist ot December, 1871, by a general and commanding provision of the article, a new term of four- teen years was to begin, and an incumbent for it, ® successor to Mr. Justice Rosekrazs, was to be chosen by the electors cit and all yield and adapt then Sleariy thowe which provide onal, and temporary should give way to those whic! usual and continuous and imperious opera- tion, and make @ part of the essential framework of tue gen- eral plan. And so of the last sentence in rection 9:—"Any ch appointment shall convinne wntil and including the iast day of December next alter gation, at wich the vacancy shall ne fied.” Cases can be supposed in which this provi- sion may have full scope without coniicting with any other part of the articie. ‘Thus, if Mr. Justice Rosekrans’ term would have expired on the last day of December, 1872, and his resignation had taken place as it didin fact, there would have been no how Hilly in the prescribed action of all paris of the article, ‘The on a mnnee all the va ~~ ** Will always acknowledge.” Re remarkable degree Protessor VAN ALLSTYNE, the Blind Institute, sang will of pathos, considering nis age and infirmities, the beautifal song, “Oh, Lake Me to Thy Heart Again,” when Mr. Bungay had conciuded bis remarks, Then followed one of the most interesting and ea incidents of the whole meeting, and one, s" not sown on the programme, ry . WILLIAMS, the Superintend- ent of astern New York, advanced to the front of the platform and said that a “Templar understood fuil ‘well what a re+ gaiia, such as some Of the audience wore, signified. ‘They Knew that none but good and wortay mem- bers are ever accorded the privilege of wearing them. Jt is now my privilege to preseut to a WORTHY AND MOST BFFICIENT OFFICER, Mr. Henry Cates, County Deputy this fine regalia,” exhibiung, as he spoke, a magnificent specimen of the article mentioned. Mr. Oates was | between the Cumberiana and Green Rivers, varying \ tucky, and Montgomery and Robertson counties, 12 \ “AIDA.” The Grand Opera Written in Honor of the Khedive of Egypt. and M Tence recited “Sp: to the Webster's “American Union” in a very acceptable manner. ‘This was followed by other readings, and the proceedings were brought to a close, KENTUCKY STUD FARMS. Verdi in the East—A First Night in Cairo—The Story of Aida in Voluptuous Song—750,000 Franes for One Representation. A Visit to Southern Kentucky aad the Carrinatos Stock Farm. LOvIsvILLE, Ky., Jan. 13, 1872 On account of the poor facinties for travel very little has been written by tourists of this rich and most favored section of the State, A valley lying in width from fifteen to forty miles and about sev- enty miles in length—covering portions of Caldwell, Trigg, Christian, Todd and Logan counties, in Ken- or the Governor and Senate, may fitat anuil'and including | the last day of Vecember ‘next aiter such election, ii the vacancy re one to be tilled by ¢ or until have termed the | dress, was put forward ac this pout, and made oue | he worked | | “Alda,” Verdi’s last and most ambitious opera, was represented at the Grand Opera House of Cairo | distinguished audience. Being the first night of ite presentation to the public, and from the fact that it nent of living composers, its production was antict- he State of Tennessee—unsurpassed tn fertility DY | pated by all the gathered musical talent resid and hospitable population, churches, schools, peace | seats nad been taken, and steamers from the vart- and plenty abounding so profusely—it certainly im- | ony Mediterranean ports had brought artists and enough south to be parched by a sultry summer's the gay, Boxes commanded as high as $100; sun, or too far norte to be chilied by the cold | orchestra seats, $25, and standing room was leased locality possesses all the advantages of climate and | por wwo weeks luxuries common to its own and both the more THE FAVORITE OF THR TOWN | In this valley the great staple known 1n all parts | mnated in a brilliant success, creditable to the com- of the civilized world is produced—heavy Western | ‘Two years ago | Verdi began to work upon this masterpiece, and he ten to twelve hundred pounds per acre, worth from | has been toiling ever since, with the co-operation of eight to tweive cents per ponnd, according to i to produce a worthy successor to ““Trovatore,” and, the other crops, such as corn, wieat, oa: aad hay; particularly, an opera that might illustrate the his- on tis account the great and universar wealth #0 common in the valley. ! selected task Was national, but his audience inter- Hopkinevilie 8 a thrifty and growing litte town flis patron was rich, iduentul and | anxtous; yet Verdi himself was not poor, either t@ heart of thisvalley, and just maue accessible bY | moncy or reputation. ‘Lo fill an order for an opeta, railroads connecting it with all the important cities 4 in the most effective and artistic manner, Was lation and wealth rapidly by its new outlets and com- VERDI'S OBLIGATION. manding situation ior trade, being the county town reporta of 1860, I find. is we third pain spiration cannot be bought even from Verdl’s ample mi 1e ‘d county in the ty Ct e| “ ” | United States’in polut of agricultural wealth, Stock. The consequence has been that “Alda,” » ) stock tarm, located in Trigg—by tne by, one of the | and passionate [allan airs, glowing with the com- largest in tae State—I deterininga to visit It | poser's criste sentimentalism, will be seen, heard | W. J. Bacon, the proprietor, with is courteous | bearing, a gentleman “to the manner born,’ who | begins to assimilate the solos and duets with the to visitors, Lalso sound that for several years he | resided in New York, and conducted one ot te | | ‘wus induced to avandon by his great love for breed- | Ingand developing fine stock, His farms contain | | Vailey and adapted to all Kinds of grasses; are well | arranged, wih two beautiful mie tracks—one for | ‘ noted horses owned at this place are the follow: | ng Excurquen, & chestnut stallion, by Revenue, dam old, "This was @ distinguished race horse on the | turf at all distances, and 80 perfect m every respect nounced at once vy all @ standard model, | Mr. Bacon 1s Dreediug bis it race mares to him; | success. GENERAL WALTHALL, & chestnut stallion, by Hia- sadoy, five yours old in the spring. Tnis 1s a well bred horse and should produce good stuck. Hambletonian, dam by Long Island Black Hawk | (sister vo tue celebrated trottiug mare Woelul), seven | mow approved trot pedigrees, and he should J. 1. CARRINGTON, & Chestnut stallion, by Exche- quer, dam ‘tripuiation, by Jef Davis (he by Hero, | Ington, by Revenue, turee yeurs old In the spring. ‘Vhig 18 decidedly the finest coit | ever saw aud one | He will. strike you with his resemblance vo Planet, only will be larger, standing now fitteen and a halt slakes North this year, and many of your readers Lo douvt will have the pleasure of seeing him, i y Ex- chequer, dam the disungaished race mare Be ny ie 18 power(uily made, with immense bone and muscie; EMPEROR, & Chestnut stailion, by Exchequer, dam Queen Mab, by Planet, tree years ola in the on both dam and sire side being Boston through old Moa, and his sixth dam was Boston's dam, and is ) as also entered Jargeiy North, LINWoop, &@ Gark chestnut stallion, by Exche- tae spring. He 1s of fine form and iength, and | saould, irom appearances, make @ eapilal race tion. He traces back through a long line of auces- tors to pure Kastern origin on boil sides, He has SUWANEE, @ bay Stallion coit, two vears old in the spring, fourteen and a half hands high and power- Hie 13 engaged North in two-year-oid AULBITA, & chestnut filly, by Exchequer, dam fi- She is rather low, but very powerfully made. £) gaged North, Tribulation, by Jeif, Davis (iull sister to J. L. Car- ringtoo), fourteon hands one Inch high, and pos- coming two-year-old stakes North. DELPUINE, & Day Mare, by Red Eye, dam by tmp. Trace mare in 1800 at two and three miles, and the vest of old Red Eye's produce. She is very large VIGNETTE, @ bay Mare, by Vandal, dam Magda- line, by Medoc (Bonnie Ladaie and Bonnie Lassie’s prove very valuable, CHOLERA, @ chestnut mare, by Wagner, dam by | smith, and 1s now 1 foal to Exchequer, KENTUCKY PEARL, & bay mare by Exchequer, I then went to look at a lot of seven foais of 1870 by Exchequer, bred for the aia turi (geldings ns Possessing great bone and muscle. H Heid with fourteeh finely bred coltsand fillies, From | woutd extend my article too long to go into details of pedigrees, Suffice st to sav the most fastidious would | fied contaimmg groups of tineiy bred trotting mares, | two tedious to mention all, bat among tuem some | | pacing, racking or Other qualities. { regard them as twenty-five or thirty as line as could be coliected Returning to the house Mr, Bacon had some two Year-olas past (trotting yeldings) driven in from an- anc a bay gelding by Exchequ They possessed more boue, style and muscie than I ever witnessed astonished mae more than all was their wonderful trotting speed. A green two-year-old Jast spring, Held, to go kindly in harness @ full mile, without a break, In three minutes and a hall, without training any one, however hard to pleas Mr. Bacon in- formed me that ne broke thei early Jast fall, and Shey were handled ive weeks In their breaking to | halter and uarness. He also broke a three-year-old | Paducah, Ky., last fall, in 2:51. 1 cannot close ‘this article withaut reference to plisiments rendering her so agreeable tuat all the | tine horses and other things of the day’s sightsee- | she Was eaucated at Mrs, Willard’s school, at Troy, N. Y., and her brilliant conversational powers and tine-lionored proficiency of that celevraved semi- nary. Balm the Broken-Hearted—The Jury , Give Her $4,000. -" The exciting case of Fowler vs. Martin, the first day’s proceedings of which appeared in yesterday's imterest was manifested during the examination of the remaining witnesses and in the reading of the in Mr. T, R. Westbrook argued the case on the part | of the detence in an able manner, claim- made by his client; that the correspond. | ence itself showed this fact; that as far declared that he was not im @ condition to enter into & matrimonial engagement, aud if plane did Tim the mitten; that the plaintiil! was smitten with defendant and had repeatediy urged him to marry Mr. D. M. Dewitt, this county, followed m an eloquent address behalf of the plamtit Catro, Dec. 25, 1871. | last night in the presence of the Viceroy and a most | was written in honor of the Viceroy by the most emt- any portion of the United States, with an intelligent | and travelling in Egypt. ‘two weeks ago all W Pressed ‘ine as the Eden of Atmerica—being not far | amateurs anxious to sce the operatic sensation of bleak winds of that region—from its intermediate by the square inch at sums varying from $6 to $10, BOTARGED and southere elise, had been “Aida.” Last night the excitement cub or Clarksville shipping leaf tobacco, yielding {rom Ricid luge ideal ctuMam Lay anaithe Ai gGoeLIIAG | Galliuaten tiiir ecrha), beascieN , Savans appointed by the Viceroy. It was his object | tory of Egypt even to the confines of Nubia, Hi of some five theusand inhabitants, situated In the peptone of the State, which must continue to grow in popue $6 your tRILGE AUIS’ one) {ar 108s Oney ORY a of Christian; while, by reierence to the statistical | But. Oparpa are ney like . Uromlsee (oye rea | Finding here that 1 was near the great Carrington | Series of grand choruses, gloomy Oriental maases Toh sania ol cere } Was Rnily wraleoined by Mr. | and enthusiastically applauded, until the auditor never tires Of ‘talking Worse” aud showing his stock | | largest commission houses in the city, which he | | over two thousand acres, and are the richest in the | | trotting, the other lor runing. among tie many | | Nina, by Boston (fuil brother to Planet), fifteen years that he ls @ paragon in symmetry, and pro- also many of lis trolling mares, with remarkable | watna, dam Nannie McOlure, by imp. Ambas- BLUE GRass, & dark brown stallion, by Rysdyk’s years old in the sprin, ‘This 1s one of the best and produce capital. s.ock lor tne trotting turl, out of imp. Marigold), ad dain Fanny Wash- of the best bred, more especially for long distances. haads uushod. Hes engaged tn all the principal x. W. DoswkLL, @ dark chestnut stallion, by Kea Eye, three years old in the Rprag. He%s also enterea In ail the great stakes North. spring. ‘imis colt is strongly in-bred, his grandsire strikingly ike Boston, vow in lorm abd color. quer, dam Urevasse by Wagner, three years old in horse or troiter, ay he possesses great trotting ac- no engagements Uns year, tuily made, by Exchequer, dam Kate Whiteley, by larity, by Lexington, three years old in the spring. DOLOROSA, @ chestnut filly, by Exchequer, dam sesses Immense power. She ts also eugaged tn the Nonplus, filteen years’old. She was a distinguished | and lengthy, and 13 now in foal to Exchequer. dam). This male was also a fine racer, and should imp. Autocrat. She 18 the dam of the Village Black- dam Kitty Brim, by imp. Felt; foaled im 1869. and Dilies), ‘hey are large, stylish dad finely bred, | I next visited a { | them many very superior lots could be selected, It @ pleased im every respect. I passed from fleld to | celebrated for their fine pedigrees, last trotting, | on any stock farm, ower field and hitcaed to sulkies—three chestnuts | 1p colts of their ages, and when harnessed what Just driven in from running at iarge in a meadow or preparation and uaushod, Was enough to sausty that they nad been running atiarge since that time. | at same time —General Lee—that trotted bis mule at the Kind hospitality of Mrs. Bacon, her high accom- lug were soon forgotien in her society, 1 learned artistic skill was but another light pointing to the THE KINGSTON BREACH OF PROMISE CASE, KINGSTON, Jan. 27, 1872. HERALD, Was continned and concluded to-day, Much levters of the defendant. The testimony being all ing that no promise of marriage had been | back as 1865 the defendant had, by letter, expressty not wish him to come and see her she must give her, but he declined, late District Attorney of | the jury on eld invited (o step tor ward, and, on doing so, soon had his neck and Chest decorated with the glittering, emerald aud ameviyst studded regaita, The viush- ing recipient Of Lue giit was, of course, completely nonpiussed, but Mevertheless aid manage to de- liver himself of @ few—and a very few—ftung big ‘hen this little incident had been accomplished to His biting sarcasm and seathing denui oi the defendant were vocilerously appiauded,, while his touching allusion to the devoulon Ot his chent, despite the wrongs she had received, drew tears to tne eyes of many present. After ao Imparual charge by Honor, Judge Ingalls, of ‘Troy, the case was given tothe jury, who returned & ‘Verdict of $4, plauntait, | 000 for | Tich and princely costumes and heavy, ; On the leit its now greeu ilelds, other and grander works of the’ author, Asan opera faithful to its historical import, as one which beyoud all question Is THE MOST CONSCIENTIOUS WORK OP THR CENTURY, as aspectacle with splendid and trathful scenery, massive music, it will live forever, But it develops in the | mind no new train of sympathetic thought, judged in mere point of melody ov grandeur of expression; it is only history written on the scale, tradition glowing on the c#avas, Viewed in this hight it is Ulilllarian and instructive, aud 18 the first example where the poetic license has not been freely ine duiged by the composer. Verdi makes a spectacle and a song of wild tradition, But to Verdi does not belong all THE CREDIT OF THIS SUCCESS. It is due to Mariette Key, the most eminent archwologist of our ume, woo went to Paris by special order of the Viceroy to oversee the prée- paration of the costumes, ‘to the minutest degree tiey reproduce the acknowledged dresssof the ancients, and the stage scenery has been pro- pared with like fidelity. The eatire cost of the opera has been more than 750,000 traucs, Last night the opera began with THE DROP CURTAIN, though the drop curtain in operas 18 generally up— that 1s to say, the preface Was a work of art, repres senting old Egypt on the right, with decayed temples, pyramids, ovelisks anu mausoicums, and railroads, telegraphs and modern agricutture. ‘Chty aloue expresses the purpose of “Aida.” ‘the first scene was disclosed and a storm of applause, representing # garden in the palace of the King at Mempnts, with the pavil- { ton of the King formedt with a double line of colamns in wood. In the back ground is perceived tne cul- uvated plain of Egypt and the pyramids jo the far alstance, ‘here begins THE TRAGIC STORY OF AIDA, a lovely Ethiopian princess. Aida is # slave, cap. tured in We conquest of Ethiopia, and delongs to ‘the household of tue Queen, ier fataer, Amonasro, | still King of the discontented province, determines to make War on the Egyptian mouarch, and wo de- liver nis daughter ana the otuer captives. So an He | @Xpedition is formed, something Of less strength tian that wich Kugiand seat against ‘Abyssinia, and the fronuers of tis ancient land are | menaced by war. In the meantine Alda 18 loved | by one Khadames, Captain or tho Guards, and she re- ; quites the tender sentiment. But Ameéris piaysan im. portant part. She also is loving this Captalo of tie | Guards, aud her love ts of some consequence, Inas- | much as she 1s daughier of the King. Presently Khadames 1s ordered to tue frontier, captures the ebony chieftain and his savages, and burries back to the sweet caresses of lis Alda. Then follows the liberation of all the captives at the suit of the Cap- | tain; and then, too, passionate strains of ANGER, RAGE, HATE AND JEALOUSY between fiery Alda aud the-corpulent Princess, Finally the Captain 1s tadaced to attempt going with ier to her own nation, aud tits coming to the | royal ears he 1s cast 1ato prison. ier father 19 ad- judged io die, She i immured tn a gloomy dangeon, and the fna/e isthat Alda and Rhadames, meeung in tneir dreary cell, die in delightiul ago vogether. } VERDI'S MASTERPIROR, iy ‘To say that in situations so fuii of dramatic terror Verai has not dove jusiice to his capacity for | grace and variety ol expression would be to pro- nounce “Aida”’ a failure, and ‘‘Alda”’ 18 not a failure, It is not, however, @ “Lraviata”’ or a “Trovatore.” From its groundwork it could be neither. Yet in “Alda” there are situations and solos and duets that wul ever enchaim the tearer. Last nignt it was ANASTAS(-POZZONI, the reigning prima donna of Calro, who was selected vy Verdi of all others to give the first rendering Of tha principal part. Seidom has any artiste uchieved the splendid success, which even astonished herself aud made her scapiet with pride, Pozzont ts a little woman, turty Lshould say, With @ large, brilliant eye, great freedom inf demonstration, and gifted, above all, with & de- licious mouth and beauutul teeth, whidh are more than figuratively @ part of the human voice, Apart frum her personal appearance she possesses @ Vuice OF great richness, exquisite delicacy and immense volume. Her fine point is the readiness with whici she moves from one key to another, and im harmonizing ner acting with her singing. She is unconscious of her audience aud is enveloped in her part. She only consents to smile on the wuditos riuin iron bebiad @ barricade of bouquets, Madame Grossi, the “King’s daughter, ts a feeble Parepa tu everything but size; while Mongini could play three weeks at the New York Academy of usic without tring the public. ‘he King of the Ethiopians wasa@ fine plece of acting by Stellar, thought the position 1s much Inte- rior Wo ls Capactiv. ONE OLIMAX OF THE CHARACTERIZATION | Occurs in the tourti scene of the second act, when the prisoners are brought in by tne victorious Oap- tain, Who, Upon being asked his coimpensavon for his achievement, nauies the liberty of the captives, The King, from his turoue, says, “Yes,” aud sinul- taneously Aida accidentally oeirays the presence of her father in disguise, wich imduces all the subse quent complicauions of che plot. in the third act the enthusiasm of the he: became rapturous. Itis the polat wach Rnadames bes Aida to fy to her owl uation, and that he wril follow her torever— Ob now let us fly! Yes, let us fly these w And then he telis her that the desert shall be their Huptal bed, ana that ou them Heaven shall smile and the stars shall glumine their love. Then the duet, Which Was lollowed by & saower of flowers:— Vien) mecco—insiem fuggiamo Questa terra di dolor, ‘amo, fo amo Ano) duce sea Vamor, rs Lcannot praise the ending of “Aida.” Beneath the temple of Vuican one sees upon the stage a labyrinth of cells, filed with people chanting thei own death requiem, Going tuto one’s coin is & rather ingu- brious /nale to three acts of well-wrougit dramaue composition, JESSE R. GRANT'S “OFFICE.” A Substitute at Sixteen E Year. CrncinNatl, Onto, Jan. 30, 1872, The Postmaster General nas appointed Shadford Easton special agent to take charge of the Covimge ton, Ky., Post Office, during the illness of Jesse Ry Grant, at a salary of $1,600 per annum, Mr, Baston has accepted the appointment with the under. standing that he is to be made Postmaster ia case of the resignation or death of Mr, Grant, THE JERSEY LIBEL SUIT. The suit of George Watts against Messrs, Pang- born, Dunning & Dear, proprietors of the vening Journal of Jersey ily, nas at last been brought to triai, he case was opened yeae terday by Mr. Windeld, who recited divers ibeilous attacks on the piaintia, charging nim with fraud in seliing coal. The plaintid went on the stand, and during Nils exawinauion by Mr. Edwin James tae Court adjourned Uli this moruing, The English Paritament wiil, according to present arrangement, meet about the second week in Feb- ruary, It is understood that the Ballott bill will be Introduced at lae COMMMeNCCMeUL Of te sexton,