The New York Herald Newspaper, February 14, 1872, Page 4

4 CONGRESS. A DULL DAY IN BOTH HOUSES. The Legislative Appropriation Bill in the Senate and the Naval Appropriation Bill in the Houss—Wretched Condition of Our Navy—New Post Office and Custom House Building for Albany, WW. Y.—Senator Fenton's Customs Reform. or ose SENATE. Wasuineton, Feb, 18, 1872. THR MOUSE POSTAL LILL ‘was made the special order for Friday. THE CUIOAGO FIRE AND THE SOLDIFRS. The bill to retmburse soldiers for the loss of clothing in the ‘Chicago fire was passed. REMOVAL OF GOODS IN BOND. Mr, SHERMAN, (rep.) of Ohio, called up the bill modifying the law so asto permit the removal of goods in bond from the original packages in cases of accident or legal interfer- ence, which was passed. (DEOLINE OF AMERICAN COMMEROR, Mr, CONKLING, (rep.) of N. ¥., presented the memortal of the New York Chamber of Commerce on the decline of Amer- fcay commerce, and said it was so valuable and important ® document ft ought to be printed. Referred to the Com- mittes on Commerce and ordered to be printed. AMPROVEMENT OF NEWPORT HARBOR—OOMMODORE WILKES’ EXPLORING EXPEDITION. Mr. ANTHONY, (rep.) of R. L, presente! a petition signed y the Governor and Lieutenant ‘overnor of Rhode Island, the Mayor of Provideace and others for an appropriation.for improvement of the harvor of Newport; also a memo- trom Commodore Wiikes for the publication of the record of his exploring expedition in 1843 or the return of his that he may publish tt himself, ENT OF UNITED STATES COURT JUDGES. ‘Mr, TRUMBULL, (rep. called for the bill to autnorize the President to retire Judges of the United States C full salary whenever he ts fled they abied for the performance of their duties, Mr. BAYARD, (dem.) of Del., inquired whether the bill re. quired that a judge must bave served a certain time in order to yet the benetit of it? Mr. CARPENTER, (rep.) of Wis, said there was no special Jenuth of service proviaed for in the bill. Mr. BAYAnD said he could not vote for the bill unless tt required a certain leugth of previous service, ‘The bill as it stood would permit the appointment of a man to a judge- ship to-day and his retirement a month hence on acconnt of Physical or mental disabuity, resulting, not from public ser- vice, but from exertions made for his own benetit before his appointment, He approved of the retirement ou fuli pay of judges who had rendered Jong public service, but not the Saablishment of @ penslon Hat as provosed by the Lill Mr. MORRILL, (rep.) of Vt, sald the Seuator (Mr. professed to approve the relirement of a judge on fu after sen years of service, and asked what he thought would be just in the case of a judge who, after seven or eight years of Service, was struck’ with paralysis and go disabled as to require to be helped up the Capitol’ steps when golug to per- form his duties ? Mr. BAYARD said that the most wholesome general rules and laws sometimes inflicted hardships in individual case Mr. CARPENTYE said this bill was not designed for the bevett ot any particular judge, but simply for the good of tue public service, A judge holding office curing good be- haviour could not. be femoved for disability ; andi he re- tained his position when disabled the public interests would, of course, sutfer, At the expiration of the morning hour the bill went over, and then came up Mr. Fenton's bili for ep OUSTOMS REFORM. Mr. COLF, (rep.) of Cal., moved to postpone tt and take up ¢ Le: ve Appropriation bill. Mr. TRUMBUL1. saw no necessity for setting aside other important bills to take up an appropriation bill, which would Rot go into effect until the end o: June. A Mr. ROKEATHON, (rep.) of >. C., hoped that {f' the pending Dill shonid be postponed the last Amnesy bill passed by the House would be taken up. 1 Mr. FENTON, (rep.), of N. Y., said he deemed his bill for customs reform one of the most important measures before ‘Congress; but as his coilgague and other members of the Finance Cominittee scemed to aerire the postponement for a few days he was willing to have it laid aside and the Legisia- tive Appropriation bill taken Mr. CONKLING, (rep,) of N. ¥.—1 have not expressed any oaire for its postpouément, Mr. FRNTON—T allude not to any public expression, but to @ome private converaation. Mr. CONKLING—Neither in public nor in private have I expressed any such desire. Mr. TRUMBULL said he would object to any arrangement to take up the Appropriation bill. He thought that the very important bill for customs reform ought to be proceeded ‘with, but it {t was to be laid aside he would support the mo- tion of Mr, Robertson to take up the last Amnesty bill; and he hoped the friends of amnesty would stand together and vote down'all attempts torkill this bill, like the tormer one, by putting on irrelevant riders. Mr. SUMNER gave notice that it the Amnesty bill was taken up he would press his Supplementary Civil Rights bill as an idment. Mr, LvMUNDS, (rep.) of Vt, and Mr, Morrtrt, of Vt., favored the immediate consideration of the Legislative Ap- propriation bill, Mr, Fenton's bill was then postponed, and the Appropria- tion bill was taken up by a vote of 3) yeas to 13 nays. ‘Mr. Cour, having the bill in charge, explained the amend- ments reported by the commiltee, after which the Senate proceeded to consider the bill in detail. Among the amend. mania reported is one to discontinas the publication of e newspapers. Mr. ANTHONY said be bad for years favored this reform. lessrs. POMEROY, (rep.) of Kani nd HARLAN, (rep.) of Iowa, opposed the amenament. No action was taken wwe notice of an amend- ment to increas Supervising Architect of the Treasury to $5,000 THR UNITED 6TATES' NOR—OUR RELATIONS WITH SPAIN, ‘The Vick PResipENT latd before the Senate two messages hem the President transmitting @ copy of the case of the nited States presented at Geneva, and the other reports of the Secretary of State and the Secretary of War in reference ¢o questions with Spain at seco of Cuban affairs, and the ‘oraers given to our vessels in Cuban waters, At ten minutes past four P. M. the Senate adjourned. HOUSE OF REPRESENTATIVES. Wasntneton, Feb, 13, 1872. TNE COINAGE LAWS. Me, Hooprn, (rep.) of Mass , from the Committee on Cotn- age, Weights and Measures, reported a bili revising and ‘mending the laws relative to the mints, assay offices and coinage of the United States. Mr. MONFELY, (dem.) of 11!., a member of the same com _ mittee, raised the point that the report had not been author- tzed by the committee. ‘The question raised a good deal of confusion and embar- rassment, until, in answer to # direct interrogatory by the Speaker, Mr. Hooper stated distinctly that he bad been au- thorized’ and ‘Instructed by the committee to report the bill. Finally the objection was withdrawn and the report was re- ceived, and the bill was made the special order for the second Tuesday of Maren. : PROPOSED NEW POST OFFICE AND ‘CUSTOM HOUSE FOR ALBANY, N.Y. Mr. HALSRY, (rep.) of N.J., from the Committee on Public Paildines and Grounds, reported a bill for the erection in the city of Albany, Y., on a suitable site to be donated by the ‘Cas. ear. ASE AT THR GENEVA CONFER- city authorities, of a suitable building for » Post Of tom House, United States Courts and Internal oflice, and appropriating $350,000 for the co t thereof. Mr. GARFIELD, (rep.) of Ohio, opposed the bill, qnoting from the annual report of the Secretary of the Treasury, in which he stated that he could not advise further appropria- tions for public buildings until some of those now in prowess of construction were compieted, inasmuch asthe Supervis- ing Architect of the Treasury andthe force under him had now as much work on hand as they could attend to; aso that the pointe at which public buildings were most needed were Hartiord, Indianapolis, Cineinnat and St. Louis, Mr. FARNSWoRTH, (rep.) of Ill, ridiculed the idea of a necessary public work not being undertaken because of the Dosiness engagements of the Supervising Architect of the ry. who had so much to do at Washington in the office ye chthe President bad appointed him member of the city Board of Public Works, The proper person to whom ihe erection of a \ding abould be entrusted ‘was a reputable architect residing in t ‘The bill was advocates by Mes he ‘ocality. Shellabarw Tyner and Potter, and it was stated In the course of the discussion that ‘the bill was @ test question, to be applied to other places ‘where public buildins were asked tor, and the aggregate of which, according to Mr. Garteld, would amouut to about twenty milion dollars, ¥ . GARFIELD made another appeal to the House not to pe the bill, because after it there would come in billa for (rncipnati, Columbus, Newark, San Francisco and other cies, The public works of the United States had last year $15,418,908 appropriated for them ; and after the Secretary of the Treasury had cut down the estimaies for the coming ¥ low ashe Heong ney, ought to be cut down, the total w: 1} awetled 10 $1: not including Chicago or St. Louis, ‘The cost of pubite buildings was already twenty-two per cent of ail the clvilexpenses of the government, Mr. CoNGER (rep.) of Mich., replied to Mr. Garfeld, and argued in support of the pending vill and like bills for Port Hiro. Mich., and other cities. Nr, GARFIELD called for the yeas and nays, but they were refused, and the bill passed without a atvisfon. THE DUTY ON TEA AND OOFFFR, Mr. Dawns, (rep.) of Mags., Chairman of the Committee of Ways and Means, reported a bill to repeal the import duties on tea and coffee, 1n obedience to the order of the House yen- terday, and he asked leave (o make a statement aud to re- quost the House to have the bill recommitted. MEROUR, (rep.) of Pa., objected to M jatement, ‘and the Speaker ruled that, altbough Mr. Dawes had a right to report bis ills, the bill must {mmedt- ately go to the Committee of the Whole, and debate could not 60.00 In the House except by unanimous consent. Mr. DAW ks thereupon deciined to report the bill, and he Was not periniited to make w preliminary statement, and the House, at two o'cloc t into, Commitee of the Whole on the State of the Union, Mr. Blair, of Michigan, in the chair, and took up ‘THE NAVAL APPROPRIATION BILE, on which general debate was limiied to two houre and a half. Me; Hace, (rep. of Me., who reported the bill, opened thé discussion. "The reiuction of gavernment expenditures, be sald, was demanded by the peopie and by a majority of the House, but such reduction was of litte account if it were , Dawes making myerely spasmodic. it must be reguiar from year to year. wee total amount nypropriated. by “thie bill wad 917,945,347, Was appropriation for tue current feeal year was #12754,717, betag of about #1,800,00) In favor of the fiscal year eodmg sane 8, the sum contained tn the bill woul ment, and that ao Di 1855, 85%. 857 M4 1858. 1,629,000 So that the average annua! expenditure for those years of and of cheapness, and of |democ administration, Was shout fieen miiiione of dolinrs, between that rate of expenditure and the Dg, until now we ha on, Mounting 389 guns, and bis statement with that fact. 1 iogetber a vesse| mn 184 bombed Me Hale to harmonize while the British navy nto war it 00 men; andif the pation shouid get into was would've impossible to send out three additional vesrel vith the present force to which the navy was Wmnhed tte ‘sarnitied ‘that there had been appropriated 0,000,000 for the navy during the four years 0! be nd that the people had @ right to know what bad become of that money and of the Bhips which should ht been built, He was sorry to say that the investi gation showed badly for the use of the money as affecting t future. He dia not wonder that people would be sceptical ‘an 10 the assertion that we bad no navy or that members would bored twice before bi cd would appropriate more joney for more naval ex tures, Grgument was that the inte should fali where it properiy If there was no navy asa lexacy from the past, and ‘country bad not now @ respectable name estabiished hey should not grumble at any expense that was inevitable. Sue avy Bow pos.essed, of the 60 hat Veloaged +o rei ——————— NEW YORK HERALD, WEDNESDAY, FEBRUARY 14, 1872.-TRIPLE SHEET, it during the war, only 179 vessels of all classes. Of the rest some had decayed or sunk or been sold; of scores and fifties of others be did oot know the fate; he had not been able to follow them, they were not on the hands of the department, and the department was not responsible for them. They had vaniehed und faded away and were not to be found or 1 resse\s CY all, no' utility. Class No, 1 consisted of veswels that w some sailing vessels, some steamers and some {roi ey numbered 38. Class No. 8 con sisted of vessels suitabie to reileve those that were at sea; they numbered Li. Cians No. 3 ted of vessels that were worth bein g repaired i case of an emergency. If this coan- try should have war with Spain, or {t the litte cloud in the sky which bad, in the minds of some, meant war should grow and trouble should come out of it, the vessels of this fast class could be htted out and sent to sea cheaper than new veeseis could be built, ‘This was not a very prom- ising ci ass, but etill t was worth something It numbered twenty -four versela, including six on the stocks. Below that class— below any elass that could ever be used in peace or tn war— was a clase of forty-six vessels, utterly worthiess and unttf or repair. food for nothing but to be sold tor old ma- terial, The remainder of the vessels not comprised in those clases was made up of storeships and transports, in all fifty odd vessels, In conclusion he defended the present ministration ot the Navy Department, and submitted tl jon should be made for building new vessels for the nd for selling out all the worthless vessels and ma: RGAN, (dem.) of Ohio, another member of the Fominittee on Appropriations, replied to Mr. Hale, and charged the Navy Department with waste and extravagance He denied the accuracy of the tigures quoted by Mr. Hale t he expenditures of the navy be:ore the war, and referred to the reports of the Register of the Treasury to show the ais- crepancies, Mr, GARFIELD explained how the apparent discrepancy ‘was to be accounted for. Mr. MORGAN denied that the explanation was a correct one, and undertook to prove to the House and the country that there was chaos in the Treasury, chaos in the Navy, and chaos in every department of the government. In the course speech Mr. Morgan reviewed the course of the a7. ministration in reference to the pubilc debt and tu the ex- penditures of the government, claiming that there were wlarming discrepancies fn the various reports of the depart- ments. Ie deuied {hat aby oflicial of the government, from the President down to a page in the House, had apy correct idea of what the public debt was, Mr, BEOK, (dem.) of Ky., inquired of Mr. Garfield whether the Navy, tle War and other departments of the government were not in the habit of selling material and making use of the proceeds in addition to the appropriations made by Con- gress. Mr, BANKS, (rep.) of Mass,, said that that was not the caso ‘now. = now. , Mr. Dawxs remarked that the navy and other departments did ‘dispose of material and use she proceeds for the public rvice, but there was no law requiring annual reports of ich antes to be made to Congress. He agreed with Mr. .ok that the defect in legislation to that effect should be remedied. Mr. BECK sald that the sales should not be added to t they did not swell the expenditure by 100,000,000, seried that such was the case. Mr. STARKWEATHER, (rep.) of Conn, made some remarks in turther tJustration of the wretched condition of the navy. Without making any disposition of the bill the committee rose, aud the House at twenty minutes after four adjourned, uestion was whether all these The appropriations, and whether He as- THE LEAGUE AND THE LADIES. The Annual Reception of .the Union Lengue Club Last Evening—Art, Music and bb ing Combined to Make the Fair Friends of the Members Happy. ‘The Union League Club Rooms were a pleasant Scene last evening. 1t was the appointed time for the annual reception given by the members to their triends of the gentle sex. Accordingly whe finely furnished parlors, drawing rooms, galleries, &c., were decorated with flowers and pictures, and were glittering with a brilllancy of gaslignt a long time before the first guest arrived. The tables in the supper rooms were arrayed in shining white cloth and laden with bright china and silver, and the glossy black waiters stood about with their proverbial dignity and towels flung carelessly over the leit arm, while the captain and the * chief cook,’ as well as the “bottlewashers’ “went hither and thither in a terriole furry, Conspicuous wis the master oi cere:monies—a tall, graceiul, gentie-volced young gentieman, whose Very step, however, had the air of punctilious cere- moniousness, and whose habiliments, of the very darkest and most glossy black, sat upon him with that rare quality of grace, palpabie unconsciousness, Who ever saw so elegant a Swallow-tail, otherwise irreverently called a claw-hammer! And so ravisuiug a cravat as was shamed by its very immaculateness by the glortous Toundness of the towering neck! So Swinburne would say, in sympathy with the gentle creature for whose eyes u master of ceremonies most usually arrays himself, What cares he for the sterner mor- tals who rival him in all that constitutes his fame? Tue rain peiting piteously without did not presage very crowded festivities; but at avout nine o’clock the close, gloomy cabs began to dash up to the on trance to tue Canvas archway that led to the vestl- bule, aud ladies alighted in company with thelr cavaliers and walked quickly by the Mmartiai sergeantat-arms and up stairs to the dressing rooms, I{ the vexed weather out of doors clouded their thoughts and sightly cnilled their spirits the cheeriu! interior acted as a charm to beget most pleasant moods and dispel all luguvrity, The gallery was enriched with paintings loaned vy some wealthy geniiemen, who are lovers of art, to grace this occasion, diany of these have not yet been submitted to @ public exhibition and comé almost iresh trom the Studios; Others are somewhat celebrated. A beau- Uful interior scene, belonging to J. H. Sherwood and painted by 8. J. Grey, ‘Ine Tangled Skein,”’ repre- sents @ young maiden, with soft, light skin and golden brown hair, engaged in winding yarn from the skein, which is hela by her brother, a small boy, whose back is toward tne spectator. The girl’s face is the index of the effectin which the predicament—the tangieu co! dition of the skein—shows her to be, and is a de- lightful study. ‘The expression is not one of vexa- tuon—something far gentier and better. The other two figures in the picture are in the background of the room, and not imporant. The head of a “Circassian Siave,” by E. Fedder, and owned by Mr. J. W. Bigelow, 1s very true to art and very beautiful. There are beside 8. K. Giford’s woodland scene of “The Clove in the Kaatskill;”’ the “Young Nurse,” by Bougereau, and “In- dustry,” by Meyer Von Bremen, — Both of the latter are owned by ex-vovernor Morgan. The last is well Known and admired. ‘Ihe others in the cole lection Worthy of note are that of I, Bu- chanan_ Read, “Hiawatha Bearing Minne- haha Home,’ Bellimi’s portrait of Cassandra Fidele, Winslow Homer's “Country Scnool,”’ J. M. Hart's “Afternoon Loitering in the Stream,” Gif- ford’s “Lazy Day in Kgypv’ and whe “Peace and Plenty” of Rubens and suyder. The danciag took piace in the theatre, the stage of which was covered with a forest of flower-laden lants, behind which was hidden the orchestra. Miags and banners were hung on either side. The order of dancing Was as iollows:— PROGRAMME, 8 - Mignon Jockey Galop Promenade . Attila 12. Lanciers. Les Brigands 13, Deux Temps. fang Prioritaten 14. Galop. -L'Etoile d’Or 18. Vale... ‘nousand and One Nights 16. Galop. -En Pieine © 17. Vaise. 18, Galop. THE SINS OF ERIE. Elmira Politicians Making Caplial Ont of the Much Abused Managers of the Eric Rai! road. ELmira, N. Y., Feb, 13, 1872, The annual town elections occurred in Chemung county, N. Y., to-day. Jn each of the towns meetings were organized for the purpose of ex. pressing the views of the people on the subject of the present management of the Erie Railway and the repeal of the Ratiroad Classilcation act. All the leading men of the towns took part in these meet- ings, and resolutions strongly endorsing the present management of the Erie Railway, and in opposition to any autagonistic legislation, and es- pecially to the repeal of the Railroad Classiilvation act, Were passed. THE NATIONAL CONVENTION, The Missouri State Labor Reform Associa- tion’s Appointees to the Great Meeting at Columbus, Obio. $1, Louis, Feb, 13, 1872, The State Labor Reform Conventiov met in Turner Hall to-day to elect delegates to the National Con- vention to be held jn Columbus, Ohio, on the 21st of February. ‘Ihe following delegates were chosen:— At large—D. H. French and H. W. McKee, of St. Louis. By districts—R. ©, Silence, W. H. Randolph, L, Beattie, J. S, Hansman, George W. Bowen, Wil- liam Harper, A. E, Glenny, James 8. Rollins and Joun W, Shockey, The delegates are instructed to act in the National Convention with a view to making the Presidential nommation and to oppose anything calculated to cou)promise the labor reform party. THE DEBTOR PRISONERS. TO THE EpITor or THE HERALD:— On reading my HERALD Sunday morning! per- ceived that the Supreme Court had reversed the de- cision of His Honor Judge Barnard in discharging from prison those poor unfortunate debtors, Now as We are in the age of reform should we not also give those poor debtors a chance? 1am sure you, yourself, Will cheerfully respond, yes, 1 would, therelore, ask you, Mr, Edivor, to suggest to some of our noble-hearted lawyers who are representatives ot reform in our Legisiature to take the matter hand and bave the law either repealed or amended 60 a8 Logive these unfortunate men once more a chance in this world, Yours yp get TF TEN YEAR BSORIBER, A WINDOW SMASHER, Michael ©. Donahue was arrested oa Monday night by Oficer Devoe, of the Sixteenth precinct, upon complaint of Moses Denaubaum, of No. 207 ue, Who charges he smashed one of the ae WibUOWs of bis nore, Valued at $225. The prisoner was arraigned belore Justice Cox, at Jef. ferson Market, yeslerday moruipg, aad commited lor examinaliod . PROPORTIONAL REPRESENTATION. Important Opinion as to the Constitutionality of Proportional Representation, Pro- posed Jin the New City Charter, New Yor, Feb. 10, 1873. JAMFS M. Brown, Esq., Vice Chairman, & At the request of the Committee of Seventy, communt- cated to me through you, I suvmit the following legal opin- Jon concerning the conatitutionality of the clauses concern, ing proportional representation in the charter for the city of New York proposed by the committee to the Legislature, Yours truly, THEODORE W. DWIGHT, Opinion. ‘The question has been raised whether that feature of the charter for the city of New York proposed by “tie Commit- tee of Seventy," known as the principle of “proportional re- presentation," is constitutional, In considering this point I shall first notice the clauses in the charter pearing on the subject, then refer to the sections Of the constitution with which It may Le thought to cont ly compare the two instruments so as to deverming the question of constitutionality. I,—-fhe plan of “the Committee of Seventy” adopts the principle of “proportional representation” not only fn the organization of the Kourd of Aldermen, but, also in some of the executive departments. ‘The case of the Hoard of Aldermen will be first noticed, For the purpose of an @lection of this Board the city 1s divided into five districts, corresponding with the Senate districts of the State, Nine on are to be elected in each Senate district, thus making the Board of Aldermen to consist of | forty-five members. ‘The _ propor- tonal principle, te iniroduced into each district. Its main feature ia, that any voter fn the district may cust all his votes for one candidate or for nine different candidates, or @ »1N such proportion as he 1 nine persons havirg the jeclared elected. Then there folio’ ordinate provisions {n case nine persons are not voted for, and alao in case an election of any person fails in any district, because he receives a vote equal to that of some other person, In this last case, the members of the Board of Aldermen actually elected are to select by lot per- sons suflicient to make up the full delegation from the dis- trict. The executive department to the organization of which the principle under consideration enters, are composed in general of live members, The leading foatures of the mode Of election may be ahown by the case of the Department of Public Works, It 1s composed of five members; one of these ts appointed by the Mayor; the remaining four aro “elected by the Board of Aldermen” within a prescribed time. It might be more accurate to say “appointed” by the members of that board, The plan of election 1s, that each alderman shall give not more than four open ballots, upon each of whlch sball be found ie ame oi one candtiate for the of- cr mmiasioner, ‘The voter may give four votes for one Cee aE tone toca tor four alferent jporvons ar a tee number, in such provortion as he may gee fit, The four per- sons having the largest number of yotes are to be deemed elected, There is also a provision for a new election in case the number of four commissioners {s not secured by this method, tbe ow ay IL.—I have next to refer to the provisions of the state constitution of 1845, with which ft may be supposed that this method of voting would condict, ‘The ‘oply clause of this i hat found in the general clause ction 2. that there {# ho abridgment of the general right of suffrage, and special reference will now be made only to the tenth ar: ticle, section 2 in the following language, as far as this point is concerned:—“All cliy, town aad village oflicers whose election or appointment 1s not provided for by this covaiitution shall b to and village: ed by such authorities thereof, as the Lexis Signate for that purpose,” ‘he inquiry now is, ts there any conflict between this con- atitutional rule and the method. of proportional representa- uon? Itshould be remarked that this is a new question, upon which the reported decisions of the Court shed littie, it any, direct light, In order to discuas {t properly it will ‘be necessary to ‘consider the object of the constl- tutional clause, to refer to the decisions of the Courts tn the 'way of interpreting ft, and to analyz with some care the nature of “proportional representatior in the various forms which ft assumes, as well as the efte beneficial or injurious, which, from a course of general rea- soning, may fairly be attributable to t. These views will first be applied to the election of the aldermen, and subse- quently to the selection by the members of the Board of Al- lermen of the executive oficers of departments, Tho origin and object of the clause {n the co be traced in the stave of affairs before that { Adopted and in the debates of the convention. of the tilon o 1t is a part poltiesl history of the State that, prior to the adop- our present constitution, there was great dissalis- faction among the people with the exercise of the power of Sppointment to public offices by the central authority at any. Into the causes of this dissatisfaction it 18 not neces- canvass were illecal those votes would simply be left out of account, The election would be regular, but there would be a certain number of votes cast for incapacitated can The consequence would be the same as it would be at an election at thia moment if a vole were cast for an incapact- candidate, That would not vitiate the election, although the vote would have no result, What, then, wouid bo the effect? Simply that those candidates’ would revali who received the greatest number of votes hat could be counted and canvassed, Common sense teaches us that the dommant arty will hardly venuure to cumulate its whole vote, but will some of its ballots for diferent candidates, There will be, beyond all reasonable doubt, some ballots on which the names of pine different candidates would ‘These persons would be elected. Thus there a a no confusion, We are not left without a government, It the law turns out to be so far inoperative that the cu- mulative vote cannot be counted the prevailin, iv it would do in the old ruod by throughout the Senate district, These #1 fons are made, not because there is in my ming any doubt of toe constitutionality of “proportional representation,” but to assure the timid and ‘hesltating that they have no evil consequences to apprehend from the result of what may seem to them to be an experiment. If it proves to be # constitutional failure they are in substantially the same condition as at present. ‘wheels of government are not clogged. ‘There would be but another instance of a futile though pralsewortuy effort to relieve ourselves to some extent, from the despotism ot party—an effort failing, not on account of aby intrinsic defect, but vy reason of the poossare of a constitutional pronsion designed by its framers ‘accomplish no such effect, Dismissing from, view the preliminary topics, I now pro- ie with the mula question, fa it illegal oF un- he Lezislature to direct the county canvassers to succecds as general ticket mulative vote into account in estimating the vote at an election? contrary to the provisions of the consti- tion of 1848? It ought to be remarked that the Lecislature has complete power over this subject (possessing the whole legislative power of tne people), ex so tar as itis restrained by ex- reas cqnetitutionss provisions, (Bank of Chenango vs. rown, 26 N. Y., 407. Itshould be added that a provision of law is not to be treated as_unconstitutional, except upon grave and weighty da, The judicial mind -should be clearly satistied that ct is contrary to the letter and intent of the constitu. er va. Peck. 6 Cranch, 128; Newell vs. The Peo- %) This remark 1s particularly applicable to ry to enter. Itig enough tosay that its influence was largely ittn the Convention that prepared the constitution. The section now under consideration was, among others, framed to carry into eifeck the supposed popular will upon thls polnt, ‘The debates in the Convention show that the sole object of it was to take away the power from the centre and to confer ft upon local authorities or the people, There was an attempt made by its opponents in the Convention to strike it out. A eading member, (Mr. Patterson) | aald—vif that be carried it would give the Legislature the power to aliow the Governor to appoint all mere local oflicers,"* Debates (Atlas ed.) 1,011. The chairman of the commitiee who reported this and other clauses concerning local oflcers, when reporting their scheme, remarked :— ‘That the committee had endeavored, as far as possible, to strip the Executive of Patronage, believing that {t was desirable that this central Patronage and influence ahculd be diminished, if not entirely obliterated. This had been, he sald, a great source of com- piaine, and there seemed to be a general disposition to cut all his thing loose from the Capitol. (P. 1,008.) These extracts show very plainly that there was no design to gulate, in any degree, the modes of election, or to diminish the control of the Legislature over them. The Convention had its eye fixed upon the Governor, with a determination to disrobe him of his power. It had resolved that the source of political power, in @ certain class of cases, shail be local and not central. Wisely did that body abstain from laying any further restrictions as to this subject upon the Legislature, An attempt made vy one of the members to rogulate the term of office and appointment of @ leading local officer, the Mayor, was Promptly voted down, (In thy judgment toting can he im- lied from the constitutional clause in question against the tallest exercise of discretion by the Legislature in adopting either the system of election or appointment, or in fixing the number of socal officers or their term of oflice or the methods of election or of counting or of certifying votes, All these are but parts of the machinery which the Legislature “resorts to in order to obtain suitable ofticers. This they must do through the alternative modes of election or appointment, When election 1s resorted to t! constitution requires that the officer shall be elected wy electors of the city or “ofsome division thereof.” These last words were not found in the original draft of the section, but were inserted at the suggestion of Mr, Charles O'Connor, in order to permit the election, should the Legislature # fit, to be had in large districts ‘which are not wards, (De- Wates, p. 1,012.) Accordingly the election can be had throngh- out the whole city or in large or small districts. Not a word 4s to bo found as to the manner in which the yotes shall be ven by the electors within the city or its political sub- visions. There are no legal decistons which conflict with these po £, tons, | As far as they go they are in barmony with what h been’ he: aintained. It would appear that Aldermen must be considered as “oflicers” within the meaning of the constitutional provision. At least, it has been so decided in Tespect to the corresponding case of vill Tt has been held accordingly that chey must selected by some local authority, either by the electors or some authorities "of the village. People by v8. Blake, 49 Barb., 9. Any attempt on the part of the Legis- tature to vest the power of selection im the overnor and Senate, or in anybody not having a purely local character, , for example, in the former Board of Metropolitan Police, {a inconstituuonal and void, Cases which this point bas been decided are. among othera People va, Hoard of Metro- politan Police, 48 Barb., 634, aflirmed by the Court of Ap- Shuster v8. Metropolitan Board of Heaith, 49 Barv., j Devoy va. The Mayor, 36 449. The result of these and other decisions 18, that the power of selecting local odicers must be vested in some authority having @ local origin, “Such local authority may, atthe dis- cretion of the Lexisiature, be either the whole boay of the electors or the electors 1a some division, or it may be, in the case of appointment, an individual or a boars. There is no more restriction upon the mode of election than upon the mode of appointment. Both are absolutely at the discretion of the Legislature, The only inquiry which remains fs this, Dos the pin of “proportional representation” by the Commitice ot Seventy contemplate an “election?” Would the aldermen ohowen under it be elected by the electors of the city of New York or of some division thereof 2” If it be an election at all, it in A clear case of election by a division of the city. The ‘Sen- ate district 18 a political division within the clty ‘mits. ‘The Ianguage of the proposed charter i# only employed as a con- venient mode of designating an existing city division. The Aldermanic district, by express provision, does not change, though the Senate district ould be hereafter altered. It is, therefore, a clear case of a “city division,” and comes within the intent of the constitutional provision as previousiy suown, Ketore directly considering the constitutional question there are some qweiiminary remarks which should be made tending to show the exact nature of the inguiry. One of these {s that the proposed charter observes and adopta all the ordinary machinery of elections. “It adapta fiself to the exist em in ail respecta, as far as casi {he vote J# concerued, collecting and scrutinizing the ote, dc. Agafn, the election ia local. ns vale No votes are to bi by persona ordinarily entitied to the elective fr: it may be termed, nt cL any ¥ Wdermanic, is abridged. bverv one ight of suitrage conceed to him by the const in the general terms of the article reguiating the ¢ of the citizen. foreover, no distinction {s made among voters. Whatever power {s conceded to one is allowed to another. All are placed upon terms of absolute equality. It may further be stated that no new right fs conferred fr upon the voter by the proposed charter. At the present mo- ment, and without any legislation, any voter voles to cast on the same ticket for candidates oiflce ‘may cast them s am, al as alawful palok. Ibis provosition is absolutely setiled, Says jo bis “Law and Practic isiative Assembiles, 9 qualitications requirea Ev raon posressing th by the constivuiion and laws of ibe State in. which be resides bas @ rignt to give. bis vote at all elecuons for whomsoever he pleases, whether a candidate or not, and whether eligible or not, citing also Male on Elections, 80, note, It is plain that if there be any unconsntut thie clause, of the proposed charter, it imust direction that the county canvassers shail tal into account im determining the result of th o ‘ords, the want of conformity to the constitutior 8 at ali, i@ not in th but in the act of ¢ od estimatin, Srourd cousiat fo the fact that t u e voter, and that this enactment wer would be plain. The Legis. rover his choice to do an act fe Jawful—that is, to vote for nine ali- all bis votes for one person, ment, will, for the present, What then? ‘Tuere is 00 exercises bis choice. the voter will Gi? a 1 concede to i 4, OF to cast which, for the ke of be conceded to be unlaw! wrong done until the ¥ It be afirmed , but fh voter 1s invoivea that is {ile je bas simply cast a yote which cannot be counted, This principle 1s weil seuled {n the analogous case where the owner of land grants to another the power to kive to diatin Some of whom are permitted to take it and others are pro- hibited by law on account of their remoteness in point of Mine. | The power is valid in that case; any lilegality can only be found in its mode of exercise, If ik is exercised in favor reone the exercise is la 1. If a person is too remote the act ts illegal and gold, (Grif [oSimons, 38s; Burton non Real Froperty, on Perpetutties, 487, But take the worst view of the cane, and ‘sup; ove iauae for cumurative voting ts unconeultuttonale as that can be separated from the rest of the law, that clause only would be void, and the rest of the charter would stand, Matter of De Vancene, 81 How. Pr. 289, 848 ‘oynbee, ¥ Kern. 441.) If thove views are correct Would be the effect upon the charter in case the cumulative Yote should be deciared irreguiar and unauthorized? 1 appre. hend that po one will assert that the Leyisiature could nok fermit one of the names to be counted, hen cousiat in estimating tue adaitional eugay” °MP uns N. Y,, 1) 1036 witere the law are In a bi; degree beneficent or plainly calculated to achieve useful and to remove or fate defects inthe practical work. ing of social institutions. It can scarcely be sup) oned, in such @ case, that the framers of the constitution could nave intended to prohibit such advantageous and pro- e object and intent of tl lon, unless the language imperatively re- tel resent in- truction, Fortur ‘ly, in the stance, there are no such words, and the disou: to a wide range of considerations ag to whether th intent of the constitution is assalled. ‘Those who oppose this charter on the stitutionality of counting the cumula that this mode of voting {a contrary to tt enerai notions in- volved in the idea of a popular election. It would seem that no other possible constitutional oojection could be urged, Ap inquiry into the general ideas involved in an election g0es to the very foundation of representative government. The most satisfactory Way of discussing such a quostion ts to consider the yeneral principle of “proportional representa- tion,” and atterward to refer to the cumulative vote as one of ita methods, What, then, is an election for a legisiative body under the representative system’ I concede that we must take the essential elements of representation, as of the time when the constitution of 1848 was adopted, It was then, as weil an how, Jn substance, plan by wiieh a certain portion of 40. ciety called “electors” chose ons to stand In their place nd do ior them, in the way of legislation, what the ol ould prebtmanly do for themselves, if ally present. The “electors” inhabited a detined territory, and cast their Yotes according to certain well-settled rules, established for the parpoge of showing their qualifications and fairness in young Pach voter had equal’ weight with any other, and rules it in some form, the will of the electors who had the majority ‘ot votes in the district abould outweigh that of the minority. It {8 not, however, of the easence of an election that every voter should have a right to vote for all his representatives. If were it would be necessary that the entire Legislature should appear on each voter's ticket Here the representa- ve system allows a liverty. The system of election bj neral ticket” bas been almost universally abandoned, tMongh it still prevails In the case of Presidential electors. An imperfect plan, calted “election by districts,” has largely taken fis place. ‘This change was avowedly made in the interest of minorities. ‘The constitution expressly leaves the liberty to.the Legisla- ture to adopt “the general ticket system," or that of large or small distriote in the election of exty oliders, ‘Tae Important Temark 1s that the introduction of ‘the singie diatrict system established the proposition that, in the judgment of the peo- ples it ts not necessary to the iniegnity of the represent ative theory that precisely the same result should be reached in euch mode of represent. In fact, this plan of singie dis- tricts often gives the prepon derance af votes{n the legislative body to a minority of an entire county or State. The easen- tlal feature in an election under the doctrine of representa- tion {3 that the electors within a defined territory may ar- Tanze themselves invo groups, 80 that those who have a pret- erence for a particular representative muy be able to con- centrate their various wills upon him. The mode of group- ing {s arbitrary. long habit, American voters have come the wisest result of the "representative a to divide a territo into ‘cts suflciently small to elect a single representative, then to place one can ‘idate against another, nd thon to award the place to the candidate having the moat votes. But thi» {s only a mode of proceeding, and not which the representative system warrant. Un representatives within a city or a territorial it ted on another principle. The e'eo- tora might be grouped together in any manner’ which would secure a number sufilclent to be entitled to a representative, Thus should there voters in a district en: titled to nine representatives, any system which should secure asa true, fair and deliberate choice of the electors, 1,000 votes for each representative, no matter what tie united them, wouid amount to an election, and the repre- sentative might be said to be chosen by the electors of the district. It is just as truly an election as if nine different candidates were placed on ench ticket, The eieotors in both cases are the aame, the district f the same, the methods of election are the same. The only difference consists in the way in which the electors group themselves together. They may have more freedom and elasticity of .action in the first case than in the last; but that pian portional representation rather than against it, It sald that such a method defeats the will of the majority. Any five thousand voters in the case supposed must have more weight in the representative body than any four. There is no system which gives the majority its due weight and no more except one of the forme of “proportional representa- on, Tropeat, then, that the socalled plan of “proportional representation" is nothing but a piece of political mechan- ism by which electors are more free than under the present pian to arrange themselves in groups and concentrate their votes on a chosen representative. {t belongs to the methods Ov representation and not to its substan ere 16 nothing in the constitution to prevent the Legislature from varying the modes of election so long as the substance {s preserved. 1 will, however, serve to strengthen this view of the case if attention fs paid to the beneficial results which may rea- sonably be expected to tow from the system. The more truly representative it can be shown to be, the stronger is the argument that a true,@ real “election” will take place under It will be necessary to state briefly the general theory of “proportional representation.” It assumes a number of- fowns, all designed, with greater or leas completeness, to permit the electors of w minority to have a vote in the legis- lative body corresponding to thelr numerical proportion to the whole body of electors, Itis perfectly well known that, under the old ‘general tick- et”? system, a majority of one would exclude the voice of the minority altogether, ul gle district system increas the chances that the minority will have a voice in the Legisla- ture, but does not secure it, The system of “proportional representation” absolutely secures, where a minority amounts to a considerable number, @ representative in the Legisiature, It 1s not necessary to detail the various devices which have been __resorted to for this purpose, of which there are six or more, Suffice it to say that they are all devices to accomplish this purpoxe—‘“ingentous political machinery," and nothing more ‘They are means to an end. They mi be to some extent experfmental, but only in the sense that al political changes tn administration must be tested by care- and patientWria:.. Itis known they have been tried In some elections and found to work weil. As they are only modes of securing a result, if they appear to be calculated | to carry out the great docirines of the representative system, ey clearly come within the province of the Legislature to heir value by actual trial ‘The beneficial results which may reasonably be expected to be derived trom “proportional representation” are these :— in many cases there will be a better spirit amon; voters, There will be more zeal and enthusiasm. ‘The dispo- sition to exercise the franchise will become a fixed and xet- tled habit, and there wilt be a prevailing sentiment that it ie aauty not to be neglected, This remark is pecullarly ap- und of the uncon- vote must claim < = 3 plicable to the city of New York. It isu matter of common notoriety that the majority of votes for one party is overwhelming and persistent, except in the most extraordinary emergencies, erved by the popular vote on the * any other producing the same eff long continue to make a hopeless e' jeld in large nurvers to political apathy and despair, f they are sure of a hearing; if they can east a vote in the Board of Aldermen; if they can make a protest; if they can Sound a note of warning, there is reason to suppose that ull patitotic men will attend the polis in order to mal volves heard. 2% This system fs likely to be usefal fn. furnishing a ready means of removing political discontent among the electors. When men begin to despatr in politics they may begin to plot and to conspire. The easy working of the representative When the city 1s gov- neral ticket” system or their systent {8 # thing greatly to desired in a re- publican government, An _ absolutely overbearing, unchanging majority may produce @ ullen and menacing minority. This danger, of course, creases as the minority nearly approaches the number of tl majority. True statesmanship requires that it should be ayonied in all cases where it i# possible. On the other hand, the minority secure representatives. having the right to die: » to question, to investigate and make pubife all the d acts of the majority, the causes of Irritation Fo largely removed. 3. A legislative body is fikely to be improved in its character and efficiency by this system. It is essential to the health of « Legisiature that there should be discussion, del {foeration, even protests and outeries from those who differ, with more or ess passion and indignation, from the overbearing will of a majonty, Was ft of no use that the Eng- Mish Parliament in days of the American Revo- lution listened to the outspoken denunciations of Burke or Chatham? Suppose, then, that you i ody by general ticket or any divisional all uf one political complexion. Then ¢ of variety—-discussion ceases and to register the will of = few politi- cal leaders. Nay, more, experience teaches that it may be ly to tranaler its functions to others at the dictation of droit and unscrupulous the Assembly only e: formed by dise by denunciation and exposure, Errors in legisla tion are likely to be unheeded. You have~ but executive members of are the Aldermen is lezal. Though that 1s called an “election” im the proposed cl ft ia in the sense of tne constitution an ap~ ntment. There is no ion under article 10, section 3 Of that instrument, except by the electors of the city or ot some division thereof, All other modes of choosing a wy oflicer ere “appointments.” The question the oa ime! ot th anne o intment officers in a to the of the Board of Aldermen and to fix ite The constitut ex) rovides that the appoint~ pont may be vested in such * ritica of the clty as the jon the membe: of the Bourd of” ‘vould be fucluded., 1 sar also of Recpinios that the Legislature mi rescribe the mode of appointment, as that is left in the Sonstitution wholly with- have bone, reached may be briefly ns Section 2 of the New York wns and villages, is Fequiro the Legislature to conter the power of the election or appoiokmacs 0} oflicers upon som, ered having @ lucal origin, With. this. restriction, the Legisiature may resort either to the method of election or of appointment. TL In the case of an it is only required by the eonatitution that it should be by the vote of the electors of the image of w Legislature instead of a living source of po- hucal power. Task which of the two aystems is more truly Tepresentative, that where is found the flush and vigor of an active and perbaps turbulent lite, or that where prevails the tameness of political uniformity, and, perhaps, the corrup tion ot political stagnation? In'fact, a true representative jem should be society in miniature, as if by some magic strument society, in fis various interests could be reduced {o such moderate dimensions as to be collected in a single ba!l for discussion, deliberation and di jon. 4. Asingle additional coasiaeration:—Ons of the results which ts likely to happen when the aystem of “proportional representation” is fuliy eatabiisned 18 that electors will be grouped together in somewhat different forms from those which now prevail under the compact lines of political par- ties, Various interests will obtain @ hearing, This fact would tend to prevent the corrupt aflliations which now sometimes take place between the members of opposing po- litical parties under the iron bands of the caucus system. No fon Ig 80 dangerous t» the republic as this, It is bred of treachery and intrigue in weak and slimy natures, Any r prevent it will aiso tend to restore tation to its early purity and honor. ibe added thay there ia. sirong tendency In ‘some form of proportional repre- iation of existing political evils, foreign Staten have adopted it, as bodies in our country, repres it may propel current opinion to loo! sentation as a cure or It may be mentioned for example Denmark, and vs both corporate and tical. Ite succ in leading to ex- cellent nominations in the recent election of the Juages of the Court of Appeals is fresh in all our memories. ‘The cumulative vote in the provosed charter for the city of New York is simply a device for securing proportional ro- presentation, It ia piain that it ony gives. hearing to a minority, but cannot give them the control. This plan was adopted "because it was simple, easily underatoo the Foter, though not perhaps so strictly sclentife as some of the other methods which been a to accomplish the same purpose. ‘The preceding discnssion has not been presented ror the mere purpose of commending this method of voting, but simply to show that it is in harmony with the theores of rep~ reseniatior 8, consequently, one of the modes ot elec- tion which islature may constitutionally adept. ‘The Teal question jaiecnes bo be presented is one of legislative all that has been urged is with that object in View dr bas also been assumed, inthis oplatom, that w Hoard of Aldermen is in the nati ancy be applied toaaen a hoard. rt PeTpeve wil’ to couslder ‘waolue ke wede by which the Se city, or of some civision thereof. ‘There is no restriction pon he modes of voting or upon the canvassing of the ILL. In providing for an election the Le; st power to Fesort to" any methods which sutetantialy somnie ‘with the rinciples of the representative system, as appl! to slalative or other rey ntative bodies. ‘or the it the Board of may be consid- as si representative Lise 4 . The essence of a represental ve system, in this State, the electors should inhabit a detined ter- Fitory; shoul Placed on a perfect equatity as to their vote; that they should be able to group ti ves er rules concerning the qualifications of the voters and the can- of the v ry t within such territorial distric ould be giv dh than the er weight abi jiven to the minority, Within eral limite the” jalative vote rovide ime different modes of ascertain- electoral will. This ition must be taken subject ny restrietion found inthe constitution, 4 + The proposed provision for # cumulative vote in the plan for a charter of the city of New York complies with the general ruies laid down in the fourth Bropanien, and within the power of the Legislature. It abridges in’ no re- spect the general right of suffrage fap in the constivu- ton. Tt is but a mode of e representative system, effect. While it contains 6 elements of a true rep- resentative system it promises to relieve some of the imper- feotions which now exist, aud accoris with the general cur- rent of opinion among ‘political thinkers, not only in this country, but elsewhere. VI, In the strongest view that can be taken againat it the result would only be that the cumulative vote could not be counted, The Jaw in other respects would be upheld, and the charter would continue in operation until amended by @ succeeding Legislature, I, The Provision tor ihe appointment by the Bourd of Aldermen of the heads of executive departments on the same general plan of the cumulative vote 1s but a mode of appoint. ment and fs not unconstitutional. T will only add in conclusion that {f this plan of voting can be made effectual, as applied to the great city of New York, it will, beyond doubt. be extensively Introduced {nto other qien and perhaps {nto State and national representations, it wilt also furnish proof of the capacity of representative governments to repair at will practical evila lmpeding thelr usefuiness, and will cheer the hearts and strengthen the hands of the friewds of republican, Institutions throughout the world. THLODORE W. DWIGHT, A SCHOOL TEACHER IN TROUBLE. Charges of Drunkenness and Dishonesty Against the Principal of Ward School: No. 20-Testimony For and Against the Ace cused. The examination of Alexandre Moorehouse, Principal of Ward School No, 20, Tenth ward, upon the different charges of drunkenness, dishonesty, retention of the teachers’ Wages, and for witnhold- ing the money subscribea for the benefit of the widow of W. S. Maynard in June of 1871, took place yesterday afternoon before the Board of Education, Mr. Magnus Gross, Chairman oi the Teachers’ Com- mittee, presiding. ‘Tne first witness called was Mr. J. Frank Wright, Vice Principal of the Tenth wara Grammar Scnool. He stated that ne haa formerly been in the same school with Mr. Moorehouse, and in relaiion to his character for sobriety he did not thtak it bad, but had seen him when he had been drinking, though he never saw him drunk, In regard to his general character for honesty, he said Mr. Moreliouse ALWAYS MEANT TO DO WELL, but his inability at all umes to meet bis Iabilities led people to think him weak; he said that Mr. Moorehouse was @ generous man, and he believed that that generosity caused his pecuntary troubles, if any existed; he himself held a note of Mr. Moor- house for $4 87; had offered the note in a business way, but did not use it; the note was given to him in 8 private transaction by Mr. Moorehouse and had notning to do with his affairs as a teacher in the Tenth ward Grammar School; had never ad- vanced Mr, Moorehouse his evening school salary or recelved an order irom him on Mr. Moore; had received a teacher’s warrant from Mr. Moorehouse for money advanced several years ago; the money was promptly paid when the warrant was pre- sented; had always considered Mr. Moorebouse to be a good and eficient principal. Mr. John Sturtevant, night school teacher of Ward School No. Ninth ward, was then called; had never'seen Mr. Moorenouse drink; nad only known him ashort time; had seen him when he thought he had been drinking, as he thought he de- tected LIQUOR ON HIS BREATH; had never seen him intoxicated. Mr. John Davenport, Auditor of the Board of Edu- cation, was next examined and stated that he knew Mr. Moorehouse; the teacners were always paid by the Principal of the schools; Mr. Maorehouse nad been refused the custody of the mohey by the oifl- cers of the Hoard and the trust piaced in the hands of Mr. Smith, the Vice Principal; had heard that the reason for this was that the teachers, When Mr. Moorehouse had charge of the money, were not paid promptly. Mr. Farrell, one of the ward school teachers, tes- tifled that Mr. Moorehouse, was often known to leave school beiore the regular time, particularly in the month of December last, Mr. G. T. Patterson, Tenth ward school trustee, Was next questioned, and stated that the request to slop the payment of the warrants to Mr. Moore: house was in consequence of the rumors that Mr. Mooregouse was not a fit man to handle it, his character for sobriety and honesty not being considered good by those who knew him. Alter this Mr. Moorehouse promised to do better, and did do better, and the order to stop the payments to him was rescinded, but the diferent boards could not agree and the change was not effected. Mr. Wright bad made charges to him against Mr. Moorenouse. He aid not Know personally anytuing against Mr. Moore- house. After the exammation of several other wit- nesses, Whose testimony Was corroborative of tne above, the trial was postponed sine die, FUNERAL HONORS TO THE REMAINS OF GENERAL ANDERSON, To THE Eptror oF THE HERALD:— In regard to the funeral honors to be paid to the remains of General Anderson, will you permit a pri- vate individual to suggest that some pub ic demon- stration of sorrow ou the part of citizens generally is due and ought to be shown to the memory of the gallant nero of Fort Sumter, who at one time may be said to have teen a representative custodian of the nation’s honor and was true to his trust? We had then in the Prestaential chair a weak, hesi- taung, faltering pubiic functionary. In tue War Department we had a traitorous Secretary, and in civil, -military and naval life were public men with- out number plotting aud promoting the nation’s downfall. Transierring his command from Moultrie to Sumter, Major Andersoa awaited reintorcements and supplies from his goverament which never came. Suenuy jor months he witnessed the busy construction of batteries ali around him for the pur- dose of capturing the fort, anu finally he stood the heavy rain of not shot aud shell from every quarter, showered upon him from @ series of works which encircled him ike a cordon, and only surrendered whea his baal ge gave oul, nis barracks were de- stroyed by the fire, his magazine was threatened and his powers of resistance were exhausted, Whenever it falls to the lot of any one ofa nation’s defenders to become a conspicuous representative of his country’s honor, and when, amid multiplied temptations and examples and amid the direst peris of starvation and of destruction in battle, that man holds out faithful unto the end and then sur- renders with the honors of war, let such a hero’s example be deeply graven upon the memory of nis countrymen and never be forgotten. Let his dust be conducted to its sepulture amid demonstrations of regret on the part of the peopie, and let nis name be handed down with grateiul remembrance to latest posterity, Our citizens should fall in line and follow with respectful march the hero’s remains. Your obedient servant, SAMUEL CARTER, 30 Bond street, Lieutenant F, August Miller has been ordered to temporary duty at Boston Navy Yard. Commodore Alfred Taylor 18 detached from duty as inspector of the Twelfth Lignthouse district, and placed on waiting orders, Commander Charles J, McDougal is detached from the Naval Rendezvous at San Fran- cisco and ordered as inspector of the Twelfth Light- house district. Lieutenant W. W. Khoades bas been detached from Boston Navy Yard and ordered to the Powhatan. Lieutenant Heury R. Baker, Irom the Receiving Ship Ohio, is ordered to the Iroquois. Assistant Paymaster Thompson, detached from the Constitution, Is ordered as assisiant to the paymas- ter at the Naval Academy. PLACED ON THE RETIRED LIST, Captain J. M. Bradiord, United States Navy, of Plymouth, N. Y., recently promoted, 18 placed oa the retired list on account of ill health. ORDER REVOKED, The order assigning Lieutenant C M. Anthony from the Portsmouth Navy Yard, to the United Stases steamship Powhatan, at Brooklyn, 14 revoked, THE CORRUPT ALDERMEN OF OHICAGO, CuIcaGo, Feb, 13, 1872, In the Criminal Court this morning counsel for Alderman Whittaker, charged with receiving bribes, resented Afty-four affidavits, signed by that num- ber of citizens, in Waion ther express the belief that Whittaker could not receive trial in Chicago, owing tO the prejudice against the indicted Aldery BACs CITY HALL AFFAIRS. 4 Crowd ef Anxious Creditorn at the Comp- trotier’s OMice—Swearing in the Board of Aldermen Sergennt-at-Arms. Yesterday was a day of extreme quietude around all the city departments, except at the Comptrot- lers’s office, At the finance bureaus there was great activity. Yesterday was the day before the next meeting of the Board of Audit, and it seemed as though everybody who was likely to have a claim against the city had business with the Comptroller or his clerks, The corridors were crowded with anxious and greedy inquirers for money, and all were received courteously‘and puton the way of Baring Sere a panpnred, ime. Mr. w= 2 unt late in tl afternoon taking the” amMdavits of the m4 spectors of sewers, lam} ered compensation, ‘Lhis will enable all those who hav: signed these aMldavits tobe paid in the course of to-day or to-morrow. Itis desirable that all those Who have claims of this character should at once before Mr. Lawrence and sign their aiidavits, i not unlikely that the majority of those who are seex- ing to obtain their money from the city nave hon- earned it; but, without prejudice to any claim ant, the fact was made more than ever apparent that Tammany must have employed a large army, and who were abie to serve their employers on every requisite occasion. when the party, as @ party, needed either numerical or moral strength, is County Auditor’s Bureau. County Auditor Earle states that on Thursday he will bein a position to pay the inspectors of eleo- tion and the poll clerks against whom no charges have been made and whose Hames CO not appear * any, other pay roll of the city ana county of New ‘or! At the Mayor’s OmMe~. Mr. Louis Jacobs, the newly-appointed Ser- Qeant-at-Arms to the Board of Aldermen, took the necessary oath of oilice yesterday, before the Mayor, His Honor was busily engaged with its clvic duties, and remained at his office until late in the arter- noon. OUR STATE AND CITY CHARITIES. The Appropriations They Received from the State Legislatuce. The following figures are from the tables or sta- tistics relating to public charities, just made publie by the New York Council of Political Keform, under Whose fostering care and manipulation the inter- esting items were prepared. There are ten chart- Vable institutions sustuined by the State that re- ceived 1n 18j0— From the State., $1,054,271 44 From other sources. 1,838,034 BA 400,808 18 * Tota) wesee ee The average number of beneficiaries of these in- stitutions for 1870 was... .. ++ f almshouses in New York State umber of vaccination: In addition to the above 282 private.charitable In- stitutions, including schools, asylums, homes and hospitals, received aid in 1870 to the amount of $5 ites 97 The number of beneficiaries was 153 Seventy-three of these private charitable institu- tlons located io New York city are under the con- trol of religious denominations, and were aided in 1870 as follows:— 1 Gernian Reformed institution. 1 Luiberan institution....... 1,911 16 1 Methodist Episcopal 1ustitution. 10785 2 Hebrew institutions... . 11,458 73 13 Protestant Episcopal institutions. 20,516 94 65 Roman. Cathollc justitutions. .. 641,433 00 Received from other sources’ Number of beneticiaries.. Filty-flve private charitable institutions, not un- der the contro! of religious denominations, located in New York city, were aided in 1870 as follows:— From the St From other sources Number of benetict Of the 117,593 beneficiaries of these private charit- able “lastituuons, 74,646 are pupils of week-day schools, aided by public funds, and are under the following management:— 18 non-denominational schools, with. 11 Protestant Episcopsl schools, with 112 Roman Catnolic schools, with... Total... LITERARY CHIT-CHAT. Mr. JAMES GRANT, not satisfied with writing one ponderous “book of blunders’ about the London daily press, now proposes to inflict upon us two more volumes, one on the weekly and the provin- cial press, and another on the American and foreign press. PHILADELPHIA PUBLISHE! Paper makers and bookbinders have held a meeting and adopted reso- lutions hosuie to any international copyright. “THE BEST READING,”’ is the ttle of a new bibito- graphical work just being published by G. P. Putnam & Son, containing not only full classified lists of books, but suggestions from a wide variety of sources as to how to read, and what courses of read- ing, hints as to book club3, and advice as to the owning of books. A Dr. Srearns, of Baltimore, has prepared a complete concordance to the constitution of the United States, by wnich any passage may be found at once, if any word in it is remembered. THE MARCH NUMBER of the Btbliopolist, published by J. Sabin & Sons, will commence a reprint of “The Tales and Jests of Mr. Hugh Peters, With An Account of His Life,’ a queer and quaint old Eng- lish book of A. D. 1660, AStory Is Gorne the rounds that the original manuscrivt of “Don Quixote” has been discovered in Spain. It is barely possible that this may be true, but so utterly improbable that we should exact very close proof of genuineness before accepung the handwriting as that of Cervantes. Shakspeare and Cervantes died in the same year—1616—and not @ scrap of Shakspeare’s handwriting survives, except three signatures of his name. PUBLISHERS AND BOOKSELLERS are still com- plaining of the exceeding aulness of trade. Perhaps One reason 18 that they fail to adveruse their books, or only half advertise them, In London ali the jour- nals of largest circulation are crowded with adver- tisements of new books or old books reissued. tis notso in New York. Our publishers navea very Imperfect idea of the value of printer's ink. Dk. CUYLER’S periodical articles are to be gath- ered and published in a book under the name of “Thought Hives,” Justin McCarty has published in London a iit. tle book on “Prohibitory Legislation in the United States," THB CANADIAN GeoLoarst, Dr. J, N, Dawson, has published his ‘Report on the Fossil Land Piants of the Devonian and Opper Silurian Mountaws of Canada.” This work describes 120 species of plants found fossilized in formations older than the car- boniferous, and places the knowledge of this old flora in advance of that of any other part of the world, Tot New HyYMNAL of the Protestant Episcopal Church ts out, and uine differ¢nt publisning houses are engaged in supplying it to the public. Hurd & Houghton, who had a set of electrotype plates sup- plied them on Wednesday afternoon, nad an edition printed off and the sheets in the bindery the next day (Thursday), and on Saturday morning they shipped an edition of the book completely bound. ‘The quick work 1s accounted for by the keen com- petition of the rival pablishers to be the frst in the market for the large demand. THs DUKE OF SOMERSET has written a remark. able book on “Caristian Theology and Modern Scep- ticism.” It develops in a striking manner the grows ing discontent of intelligent thinking men witn ecclesiastical beliefs. Tus Industrial Monthly, a large quarto, takes the place of the Technologist, a New York scientide magazine. CHARLES F, JOHNSON has translated, and DeWitt ©. Lent & Co, have published, “Lucretius on whe Nature of Things, Translated into English Verse.'¥ ‘This is the firs American translation of the Poet of Materiaiisin, FILTHY CONDITION OF THE STREETS To THE Epiror OF THE HeRALD:— Who ta responsiple for the utterly disgusting and filtny coudition of the streets in this city? Not one has deen swept for a month, to say the least. Has the mighty press nothing to say on the subject? Really the New Yorkers are the tamest people ia je world, ‘They are packed in filthy cars like pattie, can into filth up to their necks, bled to death by the rings, and bow in all humility to their op. ressors—truly & patient people. 4 DEcusTED YORGER, sesereveeecececres 4,608