The New York Herald Newspaper, March 28, 1873, Page 3

THE STATE CAPITAL. The. City Charter Discussed by the Senate. ALL SORTS OF OPINIONS VENTED. Republican Rhetoric in Support of Party Rule. The Board of Assistant Alder- men Abolished. Adoption of the New Plan for the Aldermen. Fierce Fight Over the Ap- pointing Power. Strong Arguments For and Against Havemeyer. GREEN DENOUNCED WITH A VENGEANCE, The Quéstion of the Appointing Power Still Unsettled. ALBAKY, March 27, 1873, The charter came up as special order in the ®enate this merning, in porsuance of previous order. The lebby and foor of the Chamber were again thronged by an audience composed in large part of ladies and distinguished men of politics. Among the latter were Tom Murphy, David Mel- Ash, E. D. Webster, George Bliss, Jr.; Davenport and Dexter A. Hawkins, all interested in the fate @f the pending measure. Senator Winslow was again in the chair. BOARD OF ASSISTANT ALDERMEN. Senator Woodin, when the second section of the eharter was named (the process of reading it through on Tuesday night having relieved the Sen- ate from the necessity of reading it), moved that the following words be added thereto:— “The term of office of the Board of Assistant Aldermen shall terminate on January 1, 1874.” ‘This was the method of abolishing the Assistant Aldermen proposed in the caucus, but as the action ef that convention was not binding on anybody, Senator Benedict at once entered upon a speech ef some length in opposition to the proposed abo- Muon. BENEDICT 1N PAVOR OF THE BOARD. Be said New York was not like a little village where every man knows his neighbor, but, like the great banyan tree of the East, it.dropeits branches and extends its roots until you may plant dozens ef villages under its shade. Nowhere among the’ Belavic or light-haired races is power given like ‘this to small bedies of men. The republican party Bas always favored the retention of the Board of Assistant Aldermen. And nobody ever Breposed to disturb it until the Com- Mittce of Seventy laid their psofane hands @pen it. That committee had their little cretchets—minority representation, cumulative voting, &c.; and this Board of Assistant Aldermen was too much for them. This notion of theirs was Wippedin as a sop for them, because it was said | they would then go for the charter. But every- body demands a Board of Assistant Aldermen. If you want “rings,” the way to get them is to con- wentrate power in a little knot of men like a single beara, where eight men constitute a quorum. They @o everything themselves and have no lower House to check them, and eight men can wield all that power alone. Senator MurrPHy—How about the cancus? Senator BENEDIct—Nothing was fixed by the cau- Cus Jast night, as I understand it, or rather it was fixed by caucus that every man should do ashe | Pleased. In regard te the reasons adduced by tome, men why the lower Board shoud be abolished, one of the members of the Board of Aldermen was here and wanted the lower Board Wbolished because they sometimes voted against ® measure that had passed the upper House. I | hope that will be ne suficient reason. We wanta Board of Assistants that will sometimes vote against the measures of the upper House. Senator Tiemann retailed his experiences im the Boards of Aldermen, especially the one im 1851, ‘which was called “The Forty Thieves; but even then he found great efficacy in two Boards. Many vil- | tanous schemes started in one Board were stepped | ‘m the ether. New York pays more than half the | State taxes, and 2,000,000 of people are interested | @irectiy in its good government. Senator Madden was also in favor of retaining She Assistant Board. WOODIN WOULD LET THEM FILL THE TERM. Senator Wooprn said he faWored retaining the Boara during its term of office; but as there was a @ifference of epinion as to when the term of this | Board expired, he thought it ought to be settled by legal enactment. He wanted the question settled, ‘aad thought the amendment would settle it, As to abolishing the Board thereaiter he Bhought it one of the best things for the city. It is proposed to increase the Al- @ermen to twenty-one—three from each Senate district and six at large, securing local rep- resentation therein, and all the essential elements are, therefore, to he found in this single Board. ‘What more complete check against improvident len can there be than this, for it takes three- fourths of the Board to carry any ordinance or Measure that impeses taxes; Besides, you have the Mayor with his veto, and, better than all, you have the Board of Apportionment. With larger districts @ better class of men must be secured, and that is @m assertion that will not be denied by anybody, Mr. TREMAIN (a8 if brought to his mettle by so ongeving an assertion) —I deny it. Mr. Woopin—Then I am wrong, for you are any- DON’T KNOW OUR CITY NEIGHBORS. Senator Benedist—The Senatorial districts are large in fact, though not territorially; fer the knowledge of people of one another in the interior fs five fold ater in & Senatorial district than in ‘similar di: ts in the city. Senator Woodin may wide all over Ca: coanty and be greeted by name Ij every man he meets, while I hardly know my next door neighbor. SBNATOR WEISMANN FOR ABOLITION. Senator Weismann hoped the motion to abolish would prevail. He had resided to the city for more than years and the two ‘ds have been | tried that time, and he had come to the conclusion that the lower Board was merely a mfth wheel of a wagen. If the Beard of Assistant Alderm is continued it will serve as a check against the carrying out of all great reforms. MURPHY WOULD. RATHER ABOLISH THE ALDERMEN. Senator Murphy congratulated the Senate that the charter was to be determined by the sense of ‘the members, uniniluenced by any secret action. En this matter we should be moved by principle. ‘What is the onject of a Cemmen Ceuncil? It is to express the senge of the peuple of a city concern- ing the matters that are of impertance to them, I ‘would prefer te abolish the upper Board rather than the lewer. I do not understand that mode of LENE bid by which the powers of the people are be vested ina minority. Representation should be immediate and direct. We have ali felt the a@imenity arising from this unchecked power of ex- iditure by a stall minority. If you have but a le Board elected by the city at large qou wil have many parts of tne city unrepresented. WOODIN’S ADDITION TO HIS AMENDMENT, Senator Woodin sted an addition to his amendment, as follows And on and after that date the Board of Aldermen i constitute the Common Council and exercise all Powers and pertorm all the duties thereof. He wanted especially to set a term to the present . There seemed to be a ridiculous error in the latest statute upon the subject. The act—chapter 674 of the Laws of '7l—providing for the present Board says that the Assistant Aldermén should be elected every two years, annually, after the first election in 1872, And to set that doubt at rest he Proposed the first part of the amendment. The cae part provided for their abolishment there- T. AN AMENDMENT TO CONTINUE BOTH BOARDS 1087. Senator Morphy said the word “annually” was Avidently @ agrivpl error. Me oflgred an alngpd- | where it should belong. | and he may become a tyrant. | of New York act with the republicans? Will he ; order for to-night at seven o’cleck. | NEW YORK HERALD, FRIDAY, MAKUH 28, 1873—TRIPLE SHEET. Ment continuing beth Boaras, which was lost by a vote of 8 to 10, > ‘UE ASMSTANT BOARD ABOLISHED, the Board of n alter Janu: aj was then earried By a véua voce vote, @ THE BOARD OF ALDRAMEN, Senator Woodin then proposed to strike ont sections 3 amd 4 and the words “Assistant Al- dermen,” in the Sfth section. These sections refer to jae por cage ged Li ‘ed Boards, ic feat section, 5 roposea subs! tute the folio’ Which was the third section of the origina) bil! as it passed the Assembly :— THE AMENDED SECTION. Section 3.—The Board of Aldermen in office shall hold office until the first Mond: January, in the year 4879, the same bel the tania “for whist, they were lected. There -one Akierinen elected at the general State nm which shall occurin the year , three of be elected in each Senate dis- triet of the wd ak oe and sbali be residents of the district in they aro elected, but no voter shall vote tor moge than two of said Aldermen, There shall be elected six Aldermen at large, to be voted for om @ as , but no voter shall vote for moj wo four of the Aloermen at ne, mbers of the Board of Aldermen shall id offiee the space of one year, and shall the frst Monday in January next suc- ceeding e , at noon, Annual! reafter, at the general State election, there shail be elected a full Board of Akiermen as hereinbetor Ni re “pagy! led. Im ase & vacancy ‘oceur in the Board of Aldermen it sball be ia hereinafter provided for the of departments, and the person s0 ap- Pointed shall ne Sot the fret day or January at noon Rext general election succeeding the y. But in wo case shall the per- non #0 appointed serve alter the expiration of the term in which the Mapes) UT oceur, At such election an Al- derman shall be ted to serve for the remainder of the unexpired term. TMS BROTION WAS PASSED without any unpeccesary delay, and the Clerk pro- ceeded to call the other sections FROM SECTION SEVEN TO SKOTION TWENTY-SEVEN. Bection 7 was amended so that the heads of departments who are to have seats in the Common ‘Council shall have notices of its meetings. Section 8 was amended by Lesting 4 out @ quantity of useless verbiage regarding the Presidents of the two Beards, and the remaining sections were called over monotonously without interruption until the at bone of contention was reached, and Clerk ayton with louder and more impressive tone than usual announced “SRCTION TWENTY-SEVEN,”? and sat down fora few minutes’ rest before the fray opened. ‘TRE GRAND QUESTION OF APPOINTING. Senator Weodin (drawing a long breath) —‘‘Now, sir, I believe our breathing spell is over. Be- fore we enter upon the discussion of this impor- tant section 1 wish to say that it is not the Ervpo- sition a any aad as Seen us ee proposition oi louse, not the pi - tion of any ‘ring.’ It was osed merely that the committee might make a report. I weuldhave preferred to leaye section 27 biank, to be filled up ‘as they pleased by Senate, but it was ruled oth ise, But, a8 ft stands, section 27 has no father, no mother, no brother, no sister that lam aware of. I do not myself propose to advocate it, and have no proposition to make, I commit it to the kind care of the Senate to fill as they see fit. LOWERY’S SUBSTITUTE. Senator Lowery, republican, from the Nineteenth district, offered a substitute for the section vesting the power of nominating all heads of departments in the Mayor of New York city. i Senator Benedict said he would favor substi- tuting the words used in a corresponding section of the constitution of the United States, Senator Lowery said he had aimed to make it as much like the section in the constitution as the cir- cumstances would allow. Senater Benedict thonght that there were too many provisions for a case of dead-lock, when it should be the presumption that public officers will perform their duties, and that dead-locks were really very unuduai. Senator Lowery had proposed the substitute matnly to get at the sense ef the Senate on the sub- ject. It was his idea of a suitable section, but he Would not object to its being amended, WOODIN’S SUBSTITUTE. Senator Woodin moved as asubstitute the stm- ple proposition that the Mayor and Presidents of the two Boards have the power of filling the offices. ‘The contingency that may apy en when the Beard of Assistant Aldermen is abolished will be provided for hereafter. There is another house to discuss this matter alter we get through with it, and they may not accept the prosasdon Moby by the Senator from the Nineteenth (Mr. wery). It may then come, in the ceurse of parliamentary usage, that committees of conference would be de- manded, and as it was customary in committees of conference to consider the plans discussed in the two houses he wanted his plan considered by them. JOHNSON COUNTS TWO. Senator Johnson suggested that if the Lower House rejected this measure after the Senate es it, that might serve us a reason suggested yy the member of the Board of Alaermen referred to by the Senator from the Fifth for abolishing it, and be would suggest that the Senate forthwith abolish the Assembly. CIRCUMLOCUTION, Senator Woodin rejoined that there was @ con- stitutiomal dificulty in the way. Senator Murphy—Is not the plan suggested in the substitute of the Senator from the Twenty-fifth 80 provided in section 27 ? Senator Woodin—No, there is too much circum- lecution there. It provides that the Mayor may nominate, and five days afterwards, if the Alder- men fail to confirm, my plan may come into use. It accomplishes by indirection what I propose to do directly. I AM NOT A NON-PARTISAN, Thave not climbed bigh enough on the non-parti- san tree that has ore Up so tall within the last two years that I fail to see my duty as a repub- lican. I believe a republican can rule a city as well as a democrat, and, as we have the responsi- bility ot ein New York city, even though democrats should vote with uson this charter, I prefer to select my own agencies. Whoever is to carry out our views there is bound to be a parti- san, aud we must choose whether he be a repub- hean or a democrat. Senator Lowery (interrupting)—Will the Sena- tor tell me, then, why, if Mayor Havemeyer is to be held respoasible for the government of the city of rts pata should we not give him his own agen- cies NOT AN INDIVIDUAL, BUT A PARTY SHOULD RULE. Senator Woodin—The Mayor is net to be held Tesponsible. The idea of the individual respensi- bility of one man in the government of such a city as New York is a myth. The responsibility must and will fall on some great political party. There's ‘he Committee of Sev- when they would give jive itto any one man Give it to me, Sena- tors, and I could rule New York with a tyrant hand. Icould putin my ewn men, rule caucuses and conventions, and even nominate owa Aidermen. It mast be a partisan charter, either one way or another. The party papers may thander against it, and do 80) but there are agen- cies there influencing them. What says the country press—the ergans. ei the country republicans whe come down every election to meet 70,000 majority rolied up by the democratic officials of New York? I would always put a republican in office when Ican. If f were a democrat I would do the reverse, Therefore I ask a vote of this committee on the proposition I submit to it. Senator LoweRy—Will not the Mayor of the city enty thought se last year, ho power to the Mayor. Gi not nominate republicans? Senator WoopIn—Is that all of the question? Senator Lowgery—It is all you need answer just | now. Senator Woopin—Oh, yes—armfuls of them. MAVEMEYER’S REPUBLICANISM. Senator Lowrry—I take the ground, Mr. Presi- dent, that Mayor Be rntret 13 & good republic: thar has not changed the position he occupied | last Fall, and astothe position he then occupied let me read you a letter written by a prominent Trepablican in this State just previous to his elec- tien. (He then read the letter written to Mayor Havemeyer by Tom Murphy when the republican Nomination was tendered him.) Senator Woopin—Senator, did not republicans elect him? Senator Lowery—Yes, they helped; but I hold that Mayor Havemeyer now is as trustworthy as then—as good a republical Mr. Lowery then | read a long extract from an oid letter of ex-mayer | Opdyke in favor of giving power and responstbii | te the Mayer. He thought that the passage of so | foolish @ Scheme would be the death-knell of the arty in this State. He wanted the Senate to pause fore they passed a charter which the hign-toned republicans of New York objected to, e would ee no remarks upon those republicans who have | en here so persistently. He would accord them the right to come here in the Senate of New York State and tell us what ts to be done, as he would accord it te anv other prominent repubiican, but he wonld accord them no more, and he woul! not 0 back upen his own principles at their behest, THE SENATE TAKES A RECESS. The vote was about to be taken upen Mr. Wovodin's substitute, when, two o'clock having ar- | rived, he moved that progress be reported. It was agreed to, and the bill was made @ further special | THE EVI The Senate was agai been during the aay, ol SESSION. wied to-night, as it had te hear the debate on the twenty-seventh section. The Castom Mouse gentry | were in full torce, though they no lenger concen- trated their ‘orces, and were scattered about | among the ordinary spectat Murphy was | Seated most of the evening among the ladies; | Davenport continued to peep in and out of the lobby doors; Van Nort remained decorously in the cloak rooms, and the almest forgotten face of George Bliss, Jr., was seen peering from among a | kuot of stalwart chartists in the rear, Mr. Wood. | in’s substitute for the twenty-seventh section—to ive the appointing power to tke Mayor and the two Presidents of the Aldermantc Boards—was the question before the Senate when it reassembled at seven o'clock. WOODIN URGING HIS SUBSTITUTE. Mr. Woopry said various Propositions had been | suggested. Several of them originated with the Committee of Seventy. Several others originated in the Lower House, The present is no new prop- osition] and the Senate will doubtless be sur- prised to learn that it is the product of the Committee of Seventy. I make no mistake when I make this statement. They have ibid no reason why they have abandoned it, if they have abandoned it. Some fifty or sixty recommendations were made by that committee, many of which were adopted. This is one of them, and I will read from & decument submitted by the Committee of Seventy to the Republican Central Committee, showing that it was their proposition. He then read the document, which was interrupted by My, Tiemann who said be had the /with the republ | which word of a member of the Committee of Seventy that it wav not the proposition of the committee at all. (Assemblyman Blumenthal Was sitting pext Tiemann and made the state ment.) ‘The proposition favored the electien oF a Mayor and Assistant Mayer, in whom the appoint- ing power was to be vested. These mayors were to be elected on the cumulative system. They were made, sir, by the sub-committee oi the Com- mittee of Seventy in December, 1872. Senator TreMANN—Do you know that this snb- committee were discharged for waking those very propositions? a8 GODIN NG. 908 know how they were dis- charge Mr, TiRMANN—I suppose they were dischargeu vy by Shag out. ‘hter.) Senator Woovin—' or hag the more im- portant power of removal; that isa great and im- ortant check upon this executive trio. ‘committee of Lae 4 through its sub-committee favored @ council appointments, As to the Mayor’s dignity he gets eet oe the Legis- lature, and it is not essential to bis dignily that these powers shouid be given him; but that com- mittee have furthermore said:—‘Phis is the best charter that hasever been submitted,” and the question now is merely a question of patronage. 1 would refer again to the country press. hat newspaper outside of New York, except demo- cratic papers, bis 4 a work sgatent this charter ? mr, Lowery—Tthe Utica Herald, Mr. TigMANN—I weuld like to inquire if the char- ter is made for country newspapers? (Laughter.) Mr. Woopin—No, sir; nor for your city papers either, when you remember your unpaid newspa- per cldims for’ $2,000,000, Mr. MaDDEN—Is not that the cause of the news- paper enmity to this charter, this very fact that the Dewspapers have unpaid claims that they can get under an honest government ? Mr. WoopiIn—No, gir; I don’t think so. Now, as to the loyalty of Mayor Havemeyer, one of the New York pevers sare the republican Party is to be he responsible for tl men appointed, and Mayor Havemeyer has declared himsel! to be oatside of sympathy with the repub- licap party, and are we to place np in bis hands, That was not the intention of paper referred to when it published its article. If bas shown that the Mayor would nominate men in hostility te the republican party, and the Aldermen will be Grigg by public sentiment, mannfac- tured y the newpapers to confirm them, to the shame and disgust of promi- nent republicans. The Mayor has taken every op- portunity to Soper men outside of sympathy icans, and if he has this power aan. him Tammany Hall comes again into the ‘ont INCONSISTENCIES IN NEWSPAPER ARTICLES, nator Lowry here read a short editorial from fe New York paper referred to on the othor side. Mr. Woopin— Yes, that is that paper’s habit. It advises one thing one day and anether thing the next day. What reliance can you place on men whe know 60 little ef their own minds? What principle can there be in a mere matter of ap) oint- ment? No; itis simply a matter ef expediency. Such Rewepapere sa the ene J allude to do not know wha sear want when the charter is com- pleted, They will stfil find something to grow! at, and itis not for this Senate te be influenced by them, ‘The day of mism: rement in New York city be, on the day that it was assumed to be geverned wy non-partisan Commissions, There is no greater humbug in existence. New York is not sovereign. She has bo power not conferred upon her by the Legislature. Let her have a good government and the people there will net care whether the officers are republicane or democrats, ] trust that there will be no failure to pass a char- ter in this Legislature, but there is great danger that such will be the poaplt, Senator Lowgry—I do not propose, Mr. Chair- Main, to form @ government Jor the city of New York in the interest of Mayor tay iat or of any party. I findin the message of the Governor of this State a paragraph showing that Mayor Havemeyer is a man to be trusted. He demands that the responsibility of the city be left with Mayor Havemeyer, and Ce Ces § terms in his message. do not stand here as the advocate of Mayor Havemeyer, nor do I propose to defend him. He has said something regarding the republican party that might have been better unsaid, but I have yet to believe that he is dishonest and cannot make ood nominatiens, and | tell republican Senators ere to-night that if Late pass this charter as it is their party in this State is doomed. DEMOCRATIC PARALLEL, Senator Lewis recited the story of the pone ofa law Fahl teh? power toa ve jal com- mittee in Buffalo two Winters yy the demo- crats as an evidence of how little demecrats cared for the “‘high moral ground” on which they take take their stand. Senator D. P. Woop asked him how the demo- cratic party was affected in Buffalo by the measure at the next election; but this Mr. Lewis did not consider worth while to answer. He finally an- swered, however, by saying democrats were torn to pieces, and there was hardly enough of them left there fer seed. Mr. TIEMAN said his friend from the Thirty-first (Lewis) went with him in opposition to that bill, and he wished he would go with him new. Mr. MaDDEN—Tne reason why the Senator from the Eighth went that way was because he was elected by reformers and republicans as against Tammany. Is not that so? Mr. TrgMaANN—Mr. Chairman, when l choose to take the Senator from the Tenth (Mr. Madden) for my political cenfessor 1 will apply to him. Until then I would advise him to attend to his owr, af- fairs and sweep his own doors. (Laughter.) MappENn—Will the Senator deny that he was elected by the help of republicans and that the Committee of Seventy paid out money to secure his elecuon ¢ Mr. TIEMANN—Mr. Chairman, I dida’t attend the polls. I don’t know who voted for me. I knowl got 5,000 mere votes than the other man, and I was sent here. I think it was foolish in them to send me. Iheard that the Committee of Seventy had paid out $1,500 for me, but I teld them they ought net do it, and I don’t thimk they wil! do it again, (Uaughter.) MORAL ASPECT OF THE DIFFICULTY. Mr. D. P, Weod spoke on the moral aspeet of the case, declaring that promises ef reform made during the campa! must be redeemed, as they comprise the high moral question whether the re- ublican party shail keep faith with its people and | Keep faith with the reform government taken from the same party, as Mayor Havemeyer has been | elected by the same promises. He then read Tem | Murphy's letter with evident effect, even upon the impertarbable Tom, who had heard it twice during the day, and must have known that it was getting menotoneus. ONE-SIDED EXPEDIENCY. Senator Madden (who is the mildest man in the world, except at intervals of two minutes, when he gets intensely infuriated on the slightest pre- text) demanded very irrelevantly if the Cemmittee of Seventy did not giveas @ reason for taking the | ower away from Mayor Hall that it was expedient | ecause he was a Tammany man? D. P. Woop—With the charter that we were then out went Mayor Hall, but to | return. ese honorable gentlemen who refer to the country press as wear ae them in this at- | tempt upon the Hiabtlities of New York city need | to breath again the pure air of their own counties | | bop tcet and get away fora day from the stifling air about | this capital imported here from New York city. They wiil be reminded there tat the repubii- can party 18 a great and honest party that intends to keep its pledges. But when I see men—Senators who fot twelve hours ago were cenvinced that there was y one way to go and that was to give Mayor Haveimeyer the | power he ought to have—change front, I begin to | | realize the power and influence clustering about the question, | MADDEN ON THE PRESS, HAVEMEYER AND GREEN. | Senator MADDEN—Abeut this matter of the newspaper press I wish to ry a word. Mr. | Chairman, every public man is tender about speaking of the public press. It wields a power they fear; but the press is oniy human, and newspapers of New York of pose this charter because they will miss their little picktugs. I know their enormous patronage and power, butI don’t fear them. Havemeyer has in- suited this legislative body, I think he is in | second childhood. A good republican had tke bill relative to commen schools passed in this body giving appointment of schooi commissioners to the Mayor, and yet when he had odered twenty-one names for these positions the Mayor only named five out of them. This was disionest, There is something radically wromg about snch a Mayor. He is endorsed by the Committee of Seventy, which also endorses Andrew H. Green, who had a hill en on here by my venerable friend frem the Fifth, which gave him power that | the Czar of Russia wouid never have dared ask | for, And who is Green ? Let us pull off the tinsel that surrounded this enly honest man, Why he has driven away mear’y“all the business (in sup- plies, I mean) of that city because honest men refuse to submit to his dictation, and he refuses to Day their honest biils, but 1 remember when the Central Park Commission bill was passed no com- pensation was asked for, but two years after this Andrew H. Green, Treasurer of this Commission, came here and asked a salary of $10,000 a year, A HOWL AT GREEN'S GRAB, Messrs. WkISMANN and BENEDICT simultane- ously—No, five. * Mr. MADDEN (in a towering rage and with a force that whirled both the fragile and venerable New Yorkers back in their seats as if they were shot) — No, sir, ten. He took $10,000 a year fer two years past, and drew it every year afterward, and, be- sides, he drew $300 a year for his personal ex- penses. Now I don't want to hear any more about Green and his honesty. Senator D. P. Woop—Will the Senator allow me a question? Mr. MapDEN—Ah! the Senator has been down hobnobbing with Andrew H. en, and he thinks | he is a great man;but I don’t. (Great laughter.) Mr. D. P. Woop—I only wish to ask a question. Mr. Mappen—Well, go on, Mr. D. P, Woop—Has Greén been substituted for the charter’ (Laughter.) Mr. MADDEN (almost choking with unconquera- ble rage)—No sir; but they are Connecied some- now. This Green is a great Havemeyer reformer; 1 prefer one who wili face the State Prison and take the chances, Senator Lord desired to Know if Mr. Green took much more than the repablican Congress in in- creasing their salaries ? Mr. MADDEN (descending from frenzied rage to sorrow) said—soth were equally guilty, but dem- ocrats took their pay in Congress as well as the republicans. nator JOUNSON—May Lingnire of the Senator how he stands on charter? lam unable to dis- cover which side he is on. Mr. Mappgn—I am in favor of giving three men the power of anpointive—threa republigans, not | Meeting carried out as | Putin the stand for judges, as the one of whom I personally know. Tam on any side where J inay elip the wings of the rty to which the Senator trom Twenty-sixth belongs. THB BILL PROGRESSED. At the conclusion of Mr. Madden’s speech, Sena- tor Woodin moved that the bill be progressed, which was acceded to. The bill was then made a wea order ior Friday morning at two o’clock. Senate then adjourned, CUSTOM HOUSE DIGNITARIES again transferred their labors to ress Hall, and again brought their winning ways to bear on all recusants, passing most of the might in this cheering occupation. As an instance of how the fight is gett M on it may be stated Geo Bliss and neral Spinola came to high words, which might have eventuated tn blows, bat for the diecretion of one of the par- ties, soon after the Senate had adjeurned, in ene corner ef the Senate Chamber, over the merits ef Dick Croker, one of the Mayer's appointees. The discussion begin again to-morrow, when Johnson, the democratic Damascus blade, will pay bis respects to the “‘High moral grounds.}? TWERD RESIGNS AND THR INVESTIGATION CRASRS. When the debate on the charter ceased this aiter- noen Mr. Lewis, who is second on the Tweed Cem- mittee, rose and asked if Mr. Tweed’s resignation bad been received. The Lieutenant Governor replied that it bad, and was now on file ir the Secretary of State’s office. Mr. Lewis then submitted to the Senate whether the investigation should be con- tinued, Mr. Madden moved that the committee be discba from further consideration of the sub- ject, which motion was carried, only two Senatora— Chatield and Tieman—voting against it, The Committee of Investigation are therefore dis- continued, to the evident relief of a number of Senaters. Senator Johnson says he is not decided ret as to the course he will persue regarding the investigation of Senators who are supposed to be implicated in Tweed ation business, but after i) Xo ed is finished he will propose a new reso- lution, STEPHEN ENGLISH'S PETITION. ‘Tne Assembly Committee on Grievances, owing to the fact that the memorial of Stephen English, now in Ludlow Street Jail, will not be printed be- fore Mo! , Will not hold their proposed meeting uatil lay next. It is believed that the cem- mittee will be shorn of all general autherity to investigate the trutn or falsity of the allegations made in the memorial, on the ground that the: are pow the subject matters of the suit pend- ing between Winston and the prisoner, and therefore within the jurisdiction of the dourts, and will simply confine themselves to ascertaining whether or not the memorialist is held illegally. The committee will probably next week cenfer with the Judiciary Committee to decide upon the precise course of action to be pursued, The latter committee have decided to report a bill based en resolutions of Mr. Cornell offered last week in rela- ton to prisoners in Ludiow Street Jail, and the bill, it is satd, will repeal the ‘Ne exeat” la and all other laws deemed to be unjust and ar! trary. Mr. Abbott, one of the members of the com+ mittee, says that the committee-will not act hastily, but will take legal advice before going to work, ant try to get at both sides of the case before making a report, amd at the same time see to it that no “strikers” in the lobby or out of it make use of the invearemaen. to bleed the company or anybody else, HORSE NOTES. * John Chamberlin has purchased the right to sell Pools at Fleetwood Park the coming season, John H. Harbeck, Jr., has matched his black mare for $1,000, $250 forfeit, te trot against Mr. Thomas Jobnson’s Clay stallion, mile heats, best three in five, in harness, over Fleetwood Park track, the race to take place a few days after the Spring meeting. Messrs. Harbeck, King and Jobn- gon have made up a sweepstakes of $250 each, the above horses and the black mare Betsy King being the contestants, mile heats, best three in five, in har- ness, to take place shortly after the previeus race. Mr. John H. Martin’s bay Ethan Allen colt, six years old, is a very fine one, and can trot very fast, single or deuble. It ts theught by good judges that Mr. Thomas P. Wallace’s splendid bay gelding Henry will trot very fast this season, as he is in better shape than ever befere, and his success will be hailed with pleasure by all true lovers of honest turf sport, as he always “goes to win.” Henry's recerd is 2:20%, but he has trotted some seconds faster alone in private trials. The brown mare Flora Belle, by Ursharte, is wintering at Canton, Ill, She has a record of 2:22%{, and is owned by T. J. Smith, of St. Louis, ‘The gray mare Grace is wintering at Yeungs- town, Ohio, She has a record of 2:27%, and is the property of Henry Todd. The biack gelding Denmark, by Ceuntry Boy, is also wintering at same place, He has a record of 2:30, and is ewned by C..H. Andrews. Denmark is very fast, and when 4? becomes @ little more steady will trot low in the twenties. John Crocker has at his stables im ¥: Ohio, bay Mare Ella Wilsen, Maggie Hal Mohawk, Jr.) and several otuer very ones. Bay L mere Brother Jonathan, with recer@ of 2:30, is wintering at Cleveland, Ohio. He cost his owner, P. J. Kimberly, of Sharon, $12,000 a short ume since, and is considered very ep mane. Belle of Patterson and Mary Taylor, ‘aye geod uring ones, have been stabled at the same place has in charge at Cleveland, Ohio, the Winter. George bay Royal Geerge, geld Independence, with record of 2:31, black mare Coquette, gray Gelding Pe and Bily Cushing, by Pilet, Jr., all of them fast. Mr. William Edwards, of Cleveland, own: geiding called Joe Hulier, with record o! ed premising trotter, by Mambrine Champien. ‘The bay mare Mollie Long, lately purceased in Kentucky by a New Yerk gentieman, arrived here a day or two since. She will be trained and driven the coming season by Jonn Lovett, and will hat for stable companions Gazelle, Luiu and Yi Bruno. She is allied to Lady Thorn, and is a splen- did leoking creature. She is now five years eld. She trotted in her four-year-old term in 2:33, a third heat. James McKee drivesa very fast black team, which are hard to beat. ‘The trainers and drivers will held a meeting on Monday evening next, and owners of trotting horses are invited te attend. The old race mare Nota Price, stolen from Baitie Payton, of ‘Tennessee, in 1865, was re- covered by Mr. J. W. Kieizer, of Nashville, en the the 17th instant, and 1s now at a livery stable in that city awaiting her owner's identification. Nota Price is now nineteen years old and had been used as a brood mare by Mr. Payton belore she was stolen, Richard Lowell, of Lexington, Ky., sold recently to Messrs. Leadbeater & Lewis, ot this city, five head of fine horses, and also ne wo the same parties thirteen head, purchased in the Blue Grass region. Mr. A. Welch, Chestnut Hill Stud Farm, near Philadeiphia, has sold to a Connecticut gentleman his bay trotting stallion Rysdyk, foaled in 1865 by Rysdyk’s Hambietonian, out of Lady Duke, by Lex- ington, her dam Magdalene, by Medoc, out of Keph’s dam, by Sumter, &c., &c. fuest bred Hambietonian stallions in the country, his dam being thoroughbred, by Lexington, and gets & cross of pure Messenger biood through Me- doc, & son ef American Eclipse. We hear the price pald was $5,000, but the horge is At $10,000, Rosalie, a bay mare, by Han aa ees, spire one xears old, died at the farm of her owner, rt. Unaiés Backmat, Op Friday, March 14. She was the dam of Silver Heel, the celebrated five- year-old, now owned by Mr. Backman, and which has shown @ mile better than 2:30, The celebrated roan Soe gelding Captain McGowan, foaled in 1855, died last week at Con- cord, N. H, He died of cerebre spinal meningitis. His pedigree was unknown. Captain MeGowan was a wonderful horse, having trotted twenty mies, carrying 155 \bs., ona half-mile track, with- out a skip. in 68:25. Twenty thousand people wit- nessed the performance, on the Riverside Park, October 31, 1965, 4 premising young horse of the Bellfounder stoek was recently sold in Ulster county for $500. Among other jes reported is a brown Hambletontan mare, by the old horse, at Chester— the jather of all the Hambletonians, She is a full sister to the well known old trotting horse Ship Timber, Ske shows a tair rate of speed. The con- gray | sideration is not made public, THE NEW TROTTING RULES. To THE EDITOR OF THE HERALD:— As the Trainers and Drivers’ Association have been a little misrepresented—in part by the news- papers—in their getting hold of and publishing | Some rules that had been drawn up, but never adopted, which has led to a goed deal of discus- sion by the various associations and the ewners of tretting horses in general, all they have to say in their behalf is, they hope a generous public will withheld their opinien until the Association is brought to a more ferward state, as they have as yet only adopted nine rules, which they think Will net comfict with the National or aay other association or with the owners of trotting horses, as they enly amount to starting the horses ag advertised, and have the trots at each per programme, to cen- sume less time in scoring, having a horse dis- tancimg tke field to receive all the money; as owners of horses pay entrance en the whole amount Of purse offered, and if thought best at a future time to give the second herse a record, to try and bring it about. This, with afew other geod and retiabie men ublic, owners and drivers know it is one of the first considera Hons, a8 most Of the fault lies there; besides, this Association would like te appoint # committee to meet another from the National, clothed with the ee authority, to agree upom a code of rules, made plain and to be firmly carried out, as the, wish for nothing unfair, but to have cenducte squarely, if possible. And if the public will owly be patient for @ while, they will find all things on the Trainers and Drivers’ part made smooth and even (as it sv it may be) for the interest of all concerned, nowing this to be se, 1am yours truly, AN OLD TURFIUE AND DRIVER. changes, such a8 having This 1s one of the | WASHINGTON. ANOTHER ARMY SCANDAL. Why General Sherman Was Not Appointed Ad Interim Seeretary of War, CO. M. AND THE GOVERNMENT Increase in the Number of Patents—A Carpet- Bag Invitation to the President—The New York Central Tax—An Un- confirmed Appointment. WASHINGTON, March 27, 1873. Another Grow] from the Army—Why General Sherman Was Not Appointed Acting Secretary of War. Again military circles are scandalized, and the wrinkles on the front of grim-visaged war are platnly visible, The correspondence netween the President and the Attorney Genera} respecting the appointment of General Sherman as Secretary of War pro tem, was given ont to-day with much pomposity, The fact was announced in these despatches yesterday that Sherman could not be designated to act during the absence of Belknap, Who goes on @ junketing tour into Texas for the benefit of the health of relatives, Belknap is the only one of the Cabinet officers who did not desert his office for the stump during the last Presidential campaign, and it is ne longer a State secret thatin 80 doing he pleased the President more than if he had laid down nis pen, which is mightier than his sword, and wagged his tongde, which is said to be more eloquent than that of the classic Robeson, hie perfunctionary neighbor, as Mont- gomery Blair used to call Stanton when he headed the War Department, But to the point. The President has suddenly, without apparent cause, Manifested a disposition to snub his eld comrades in arms. The promotion of Lieutenant Fred, our elder son, to the rank of Lieutenant Colonel on Sheridan’s staff was an entering wedge; but when he submitted to the Attorney General the question whether he could authorize General Sherman to perform the duties of Secretary of War while Belknap took a pleasure trip with General Sheri- dan through Texas, he was only inviting an opinion adverse to the request, the tenor of which was agreed upon before the letter was written. The President's reply was as follows :— EXECUTIVE MANSION, | } WASHINGTON, March 24, 1873. To THE HON. THE ATTORNEY GENERAL :— Sir—Hon W. W. Belknap, pecretaty of War, ex- pecting to be absent a few weeks, reqnested me authorize and direct William T. Sherman, Gen€ral of the Array ot the United States, to per- form the duties of Secretary of War during sucn absence. Please advise me whether such an ap- appointment will be legal. Your obedient servant, U, 8 GRANT. ‘The latter clause carries its own criticism. Gen- eral Belknap is a member of the Cabinet, and sup- posed to be as well informed respecting laws gov- erning and the duties of his department as the At- *orney General. He requests the President to di- rect General Sherman to perform the duties of Sec- retary of War for afew weeks, and Mr. Williams answers as follows :— DEPARTMENT OF JUSTICE, WasHineron, March 24, 1843. TO THE PRESIDENT :. Sin—I have the honor to acknowledge the re- ceipt of your letter to-day, tn which you submit for my Official opinion the question as to whether or not Wiiham T. Sherman, Generai of the Army of the United States, can be authorized to perform the duties of Secretary of War during the temp- orary absence Of that officer. Section 18 of the act making appropriations for the support of the army for the year ending June 13, 1871, and for other purposes, approved July 15, 1870, 16th United States statutes, page 319, is as follows:— That is shall not be lawful for any officer of the arm of the United States on the active list to hold any civil office, whether by election or appointment; and any such ofticer acce; or exercising the functions of @ civil fice shall at once cease to be an officer of the wrmy. and his commission shail be vacated thereby. General Sherman is on the active list of the army, and the office of Secretary of War is a civil Office, He camnot, therefere, be appointed to dis- charge the duties of that office, nor can he ex cise its functions without ceasing to be an officer of the Army of the United States. I am, therefore, of the opinion that General Shermaa cannot act a3 Secretary of War without vacating his commission as General of the Army. Very respectfully, GEORGE H. WL. }, Attorney General. The explanation of this is that ifthe President had wanted General Sherman to act as Secretary of War he would have designated him and raised no question, but he was constrained to do this to make an excuse for not complying with the request of the Secretary of War. The Attorney General was @ member of the Congress which passed the act referred to, and he knows, or ought to know, that the clause cited was ‘inserted to prevent army officers from holding any civil office, whether by election or appointment, that is, there were to be no more Kilpatricks or Sickles, officers of the army and accredited abroad as Ministers Plenipotentiary and Envoys Extraordinary. Neither the imtent nor the spirit of the law warranted, in the opinion of eminent judicial minds, the construction put upon the act by the Attorney General, Whenever the rotund Rebeson goes to New Jersey forafew days there is no bother about Rear Admiral Case acting as Secretary of the Navy. He aetually holds a tem- porary commission so to do when the avoirdupois Secretary vacates the south wing of the Navy Department, The plain truth is, President Grant did not want General Sherman to act as Secretary of War. He did not want his presence at Cabinet meetings. The unpleasant recollection of the time when General Sherman’s | predecessor was Acting Secretary of War, and a question of veracity arose between President John- son and Acting Secretary of War Grant, is still kept alive. No such misfortune shall befall the General of the Army if the President can help it. But When he wantg convenient opinions aoout army officers occupying civil positions he might with | propriety refer te the Attorney General the ques- tion whether his first secretary, major of the engineer corps, is entitled to hold that office. For if the General of the Army is preciuded by the act referred to, what may be said of the continuance in office of General Porter until he resigned a few months ago, and what becomes of Major 0. E. Bab- cock, the majordomo of the White House and General Superintendent of Public Buiidings and Grounds? The Pay Department of the Army. The deaths of General Fry and Major Walker, Paymasters in the army, which occurred recently, creates no vacancy in that corps; but this fact does not seem to be known as applications have been sent in for several days past. The act of July 28, 1866, provides that the pay department of the army shall hereafter consist of one Paymaster General, with the rank, pay and emoluments of a brigadier general; two Assistant Paymaster Generals, with the rank, pay and emoluments of colonels of cay- alry; two deputy paymaster generais, with the | rank, pay and emoluments of lieutemant colonels of cavalry, and sixty paymasters, with the rank, pay and emoluments of majors of cavalry. The act of March 3 1869, provides that until otherwise directed by law, there shall be no new appointments or promotions in either the Adjutant General's, In- | spector General's, Pay, Quartermaster’s, Commis- sary, Ordnance, Engineer or Medical corps of the army. The list of paymasters does not now em- brace more than forty-eight names, not enough to perform the duties required; but on account of the laws above referred to the vacancies caused by death, retirement and resignation cannot be filled. The Gqvornment and C. M. It now transpires that the Crédit Mobilier suits, instead of being a benefit to the government, will benefit an inside ring of the Union Pacific steck. holders, who were also shareholders in Crédit Mobilier, Collector Bailey and the New York Central. In response to an inquiry from Collector Bailey as to whether he should now commence the seizure of the real estate of the New York Central Railroad Company, the Interna) Revente Cum 3 ee eeu a missioner responds that it will be necessary onde® the law to exhanst ail the personal property of tha company before aseizure is made upon the real estate. An Unconfirmed Appotntment. , The nomination of R. B. Hayes as Ageistant ‘Treasurer at Cincinnati Was not confirmed by the Senate before adjournment yesterday, although is Understood that there was No personal opposi tion to General Hayes, The office is a new oney ana the act creating it does not take effect nntif the Ist of July. Senator Sherman had assured Several applicants that there would be no appointe ment at present, and he therefore did not desira the confirmation of General Hayes, as it would have looked like breaking faith with those to whon® he had 60 expressed himself. The office can ba filled during the recess, and itis probable that tha appointment will be given to General Hayes. If 8a he will be promptly confirmed wuen the Senate shall again meet, General Grant Declines a Carpct-Bag’ Invitation. Senators Robertson and Patterson, accompanied by Lieutenant Governer Gleaves, State Senatog Swails and Representative Hurley, of South Caro# lina, called on the President to-day and invire@ him to make a trip South, assuring him he woul@ meet with acordial reception from all classes of citizens of that State. The President thanked tha delegation for this assurance of friendly feeling, and regretted that he would not be able at pres- ent to take such a tour, but he hopéd to do #0 ag some future time. Increase in the Number of Patents. Over six hundred applications for patents hav@ been received at the Patent Office this week, andl over three hundred patents have been issued, The. receipts this year for copies of documents, includ ing those connected with litigation, &c., will, it ta supposed, reach seventy-five thousand dollars—@ larger sam than was ever before received in any former year on that account. The general receipta thus far for March exceed those for any previous complete month since the organization of tha Patent Office. © Major W. Gouverneur Morris, the United States Marshall of California, who wa@ recently married here to Miss Carnes, is not golng, to Europe on a bridal tour, as has been reported; but will return shortly to resume his official duties in California. A Magic Lantern Conscience. The Treasurer to-day received from New York $33 25 conscience money, being the amount due for taxes unpaid en magic lanterus brought from Europe. The party thinks that as he brought thems for “Sunday schoo) use” he hada right to do sq without paying duty on them. Redemption of Old Copper Coin. Inscructions tor the exchange and redemption, after April 1, 1873, for sums of not less than $20 or its multipie of all old copper bronze and copper nickel coins heretofore authorized by law hava been issued by the Treasury Department. Tney provide for the exchange at par at the mint in Philadelphia of al) such coins authorized by the sixteenth section of the Coinage act of 1873, and lor their redemption in lawiui money in similar sums at the mint and by all Assistant ‘Treasurers and designated depusitories of the United States, the expense of transportation on the old coin and currency paid therefor to be borne by the party sending it, and that on the new coin by the United States, Treasury Baiances. The follewing balances were in the Treasury af the close of business to-day :— QUSTODOE <dsidesnnnsceesdinnisns $2,363,034 Special deposit of legal vende: redemption of certificates of 20,045,000 Coin... 69,671,942 | Including 24,895,500 Legal tenders... 358,486,000 MEDICO-LEGAL SOCIETY. ‘The Bill in Relation to Deaf Mutes, to Die vest them of Criminal Responsibility— A Paper on Legal Responsibility in Oid Age. The Medico-Legal Society held their stated monthly meeting yesterday, Mr. Clark Bel) in the chair. Dr. Rogers moved the foilowing resolution, which was adopted :— Resolved, That this society has learned with great re~ tof the adverse action of the Senate Committee upon bill In relation to deaf mutes, and respectfully ask @ reconsideration of that action with the view of its fina) passage. Mr. BELL stated that a deaf mute, utterly ig- norant, and without any Knowledge of right and wrong, had been placed on trial for murder, and was now confined in an insane asylum in thig State. The man was not insane at all, and tiid bill was for the purpose of educating such tetally ignorant deaf mutes and divesting them of crimi- nal responsibility. Mr. Henry L. CLINTON stated the bill in reéation to the defence of insanity in criminal trials had passed the Assembly, and was now before the Sen- ate. He did not know what its fate wonld be in the Senate. The Executive Committee recommended the ad- mission of a large number of new members, They were elected. Dr. GkorGE M. BEARD read a paper on “Legal Responsibility in Old Age.’ What was the reia- tion of age to work? To what extent was the mind impaired by old age? He had prepared a list embracing all names noted in history. He ha@ noted the age at which scientists had made their discoveries, at which lawyers had ted the bar, af which generals had won their victories, at whic! philosophers had given to the world their greatest theories. Seventy per cent of the creative wi ol the world had been done before forty-five; eighty per cent before fifty years. In the editorial profese sion nearly all the excellent work had been done before forty-five. The imagery of Burke and Bacou bad improved as their ages increased, The lecture was listened to with interest andthe meeting then adjourned. AQUATICS, Ellis Ward Again Matched Against John Biglin to Row a Race on the Connecticut River. On Wednesday the arrangements were made for & rowing match between Ellis Ward and John | Biglin, to take place at Springfield, Mass., the day | after the regatta. Tire conditions of the race are the same in other respects as those observed Nyack last seasen. Ward says that he was not then in condition, and therefore desires another chance to show his athletic qualities, Dick Pus. don acted as go-between in the negotiations. NAVAL PAYMASTER BOGART BAILED IN $10,000, SAN FRANCISCO, March 27, 1873. Judges Sawyer and Hoffman admitted R. D. Bo- gart to bail in $10,000 this afternoon. The case ‘was continued until next Tuesday, on a motion by the District Attorney and the consent of the prison- er’s counsel. Bogart offered bail in any amount that the Court might demand next Tuesday. The District Attorney demurred to the er of prisoner’s counsel. A STREMT RAILROAD INJUNCTION. PHILADELPHIA, March 27! i872. The Union Passenger Railway Company com- Menced Jaying tracks on Market street below Ninth, under the law recently passed, but were soon stopped by an injunction of the court under proceedings commenced by the Market Street and the merchants occupying stores e street. The Market Street Ratlwa; claim to have exclasive right to the street ior r way purposes, and the merchants ciaim that plac- ERs tracks on the street would. obstruct their usiness. HORRIBLE DEATH ON THE PRAIRIE, MILWAUKEE, March 27, 1873.. The daughter and son of a farmer named Short« gen, and a son ofa neighbor named Madele, were burned to death near Read’s landing, Minn., Marcn 23, They were encircled by prairie fire, and per- ished before they could escape. When found their clothes were all burned off, aud the flesh was peel- ing from their bones. VESSELS BLOCKED BY THE ICE, POUGHKEEPSIE, N, Y., March 27, 1873. The propeller McManus and a barge, both bound for Newburg, are lying at the West Point dock, being unable to proceed further in consequence of the ice. They have been there since ten o’ciock this morning and cannot get away to-night, GERMAN Losses 1s THe Lats Wan.—By the off cial record we have at last definite statistics of Germany's losses in the war with ce. The total number killed, wounded and mi ameunts to 127,897. Of these thére were kill in action 17,572; those who died afterwards from their wounds numbered 10,710; from sic! 12,253, from accidents, 316; from suicide, 90; number who died being thus 40,881," Including 1,534 oMcers. During the war there were no less tham 1,599 encounters with the enemy which were at | vended With logs oF lite,