The New York Herald Newspaper, May 3, 1873, Page 4

4 NHW YUKK HERALD, SATUKDAY, MAY 4%, 1873—TRIPLE SHEET. “ANE CHARTER MUDDLE. The Mayor of New York Legislated Out of Office. Is (Tr A “PUT UP JOBY” It Be Remedied by Legislation? Oan ® The Present Charter Defeotive—A Mistake or a Political Ruse to Get Rid of Mayor Havemeyer—A Prominent Law- yer en the Situation. . ‘The manner in which the new city charter was Dolled down ana served up in the Assembly never has exactly satisfied the people of the metropolis. ‘Those who have had the time and courage to read it through have neither searched its ingentously Worded clauses for some secret meanings, Nor looked for some sinister object in every Provision which seems to indicate an inter- Bat in the public welfare. That such. motives may have actuated the framers of this elaborate docu- Ment cannot be asserted, yet that a grave and glaring omission exists will be clearly de- Monstrated. With the same promptness that it would give to the world news from any other por- tion of the world. the HgRaup hastens to inform the People of the metropolis of a most unfortunate state of affairs now cxisting at the City Hall. It wil be ne less startling to the people at large than confusing to Mayor Havemeyer himself. It re- mains to be seen, of course, what advantage the politicians will take of the embarrassed position in whieh the chief oMeor of the city of New York to- day finds himeetf. * 4 STARTLING RUMOR. Asarepresentative of the HanaLp was yester- day afternoon passing through the City Hall, near the charnel cavern of dead and gone worthies, ‘whose faces stare from grim canvas stretched upon the walls of the chamber known as the Governor's Room, he heard a significant laugh frem one of two loitering politicians. In the next breath the ether exclaimed :—“Consult the charter itself and you Will find it just as Itellyeu. Havemeyeris out and the real Mayor at this moment is Mr. Samuel Bre- voort Hoskins Vance, President of the Board of Aldermen.” Stopping no longer than to shake hhands'as they chuckled over their secret the two well-known worthies separated. oy: ON THE TRAIT, ‘The HERALD man at once set eut for the ofMice of a prominent legal gentleman of unquestioned re- ability, and whe has had a large practice in mu- micipal questions. Regarding himself a3 exceed- ingly fortunate in finding that the legal gentleman Was occupied within, the reporter sent in his card and was at once shown to the private oflice. Without any circumiocution the reporter asked, as the gentleman rose and greeted him cordially, “an yoo grant mea few minutes in which to ask you some very important questions?” “T certainly shall be glad to give you any informa- tion in my power,” replied the lawyer. “Thank you; I shall come right to the point, then,” said the reporter. “Are there any provi- sions in the new charter relative to the Mayor?” “Why do you ask?” said the lawyer, with a look of surprise. “Ihave just heard a rumor in the City Hall that the legality of Mayor Havemcyer’s tenure of office is open to question. Is there anything in this? You have a copy of the charter, have you not? If there is any truth in this I should like to tell the readers of the HgraLp about it to-morrow.’ “You have at last got on the track of this. Isaid only @ few days agothat this would never keep; but it has leaked out before | anticipated.” “Then there is good foundation for the rumor, and it has been known for a week or more?” anxiously asked the reperter. “There is no mistake,” said the lawyer, smtling as he took out an official copy of the charter. “It \s true as Gospel, and I will give you the proofs.” THE MAYOR OUT IN THE COLD, “This is certainly surprising, after all the time spent in amending and overhauling this document. The evidence is what tae HERALD wants, and ff you will be kind enough to proceed I will take it all down,” said the reporter. “First regarding the Mayor,” sald the lawyer, Pleasantly. ‘In the last part of the charter (sec- tion 119) I read the following:—‘Ine act entitled an act to reorganize the local government ef the city of New York, passed April 5, 1870, and the act entitled an act to make farther provisions for the government of the city of New York, passed April 26, 1870 (save sections 27 and 29thereof),* * * * are herewith repealed.’ New, this repeal destroys ll the powers conferred by the repealed charter, ex- cept such as are contained or revived by the now one, The nea charter legislates upon the subject of the Common Council, and provides (section 2) that the Assistant Aldermen shall hold their offices for the remainder of their term, The Aldermen Sre also provided for in section 4, Tnus the new charter saves the Commor Council and keeps them in office. The only other elected oMcer ts the Mayor, On turning to section 20 we read that ‘the Mayor shall be elected ata general election and hold his office for the term of two years, com- mencing on the Ist day of January next after his election. The first election for Mayor under this act shail be at the general election in November in the year 1874.’ THE PRESENT POSITION OF THE MAYOR, Mayor Havemeyer is holding his title under a repealed charter, and there cannot be found in the new document a single clause in regard to his continuance in office. The Common Council is pro- vided for, and if it was necessary to insert a saving clause for them it certainly was essential for the continuance of the present Mayor.” “But is there not a provision of law by which in- | cumbents in office hold over until their successors | take their seats . “Yes, but this does not apply to elected oficers. Mt refers only to such as receive power by appoint- ment. A test ease was made in the contest be- tween Mr. Fowler and Justice Bull for the judge- ship Of a district court in this city. The Court held that the lawin regard to the holding of an office by the incumbent until his successor relieved him | ‘was net applicable te elected oficers. Then sec- | tion 21 provides distinctly for the contingency of Mayor Havemeyer being left out. It reads:— ‘Whenever there shali be a vacancy in the office of Mayor * * * the President of the Board of Aldermen shall act as Mayor, and possess ali the rights and powers of Mayor, * * In case of vacancy he shall so act until the first Monday of January succeeding the next general election,’” WHO IS THE HRAD OF THE CITY GOVERNMENT? “Do you mean to infer by this that President Vance is the legal Mayor of New York?” asked the reporter. «Most certainly I do,” replied the lawyer, “be- cause the particular oMfce for which Mayor Haye- meyer was elected was created or made continu- ous by the charter of 1870, which 18 now absolutely repealed.” “Js there any evidence in the document itself which would encourage the beliet that this is a piece of political strategy ?’’ asked the reporter. “That the charter makers were aware of the general principle which I have explained appears throughout the document from ail the saving clauses which have been inserted. When repeal- ing the act of April 26, 1870, which amended the eharter of the same year we find (section 119) these words: ‘save sections 28 and 29 thereof; and ‘when repealing the further amendment of 1871 we read, ‘save sections 5, 6 and 7.' This omission of the Mayor may be KITHER DESIGN OR ACCIDENT. 1 think {t possible that when the Custom House charter was firat introduced it provided for the continuance of Mayor Havemeyer, but that in the manipulations which it received in the Senate this alteration may have been made by some one who found bimsels thwarted. and wok this means or revenging himself upon the Mayor. You remem- ber that this charter passed the House with a rash, after it was finally sent down from the Senate, All parties favored it, and democrats and republi- cans alike voted for it plindly.’’ “phis certainly does took suspicious. This re- pealing section has already produced some confu- sion, has it note “Yes, There being no saving Clause as to tho prosecutions begun against any of the late locat officers and the charter being repealed, tt became necessary to provide for this by a supplemental act said to have been drafted by Messrs, Tilden and O'Conor. This shows the danger of repeal- ing the charter without greater care to insert say- ing clauses." “Flas the Mayor's position been brought to the attention of lawyerat”’ “No, [think Bot generally, but the document it- self received the careful attention of several law- yers in its framing. This ts ali I know about the charter muddle; you are at poriect liberty to print this," ANOTHER LEGAL OPINION. Not altogether satisfed, the Heratp reporter then visited another lawyer, to obtain, it possible, his views upon tl jubject, which had now grown from a rumor to a valuable piece of news, The lawyer said that he had not detected the omis sion of a saving clause for the Mayor, although he had caretully read the charter. Upon being shown & copy ofthe Hegaup of April 17, containing the charter, and having the omissions pointed out, the lawyer said :. “Mayor Havemeyer unquestionably derives his right of office under the charter of 1870, which is now repealed. The effect of this is that MB. VANCE CAN ASSERT HIS POWER as Mayor if ho feels 80 disposed. He was elected as the factor of the.Custom House party. He can send in appointments and take the chair of the Mayor. This would, of course, force the Mayor to take out papers quo warranto to test his title to office. Attorney General Barlow is in accord with the Custom House party, and has the absolute power to refuse to test a title to public office. Then, if the Corperation Counsel and the Attorney General come to the conclusion that Mayor Have- meyer is legislated out of office Mr. Vance and the Custom House party are masters of the situation, Ifthe Board of Aldermen required the attention of the charter makers, why did not the Mayor?’ “Can this not be remedied by legislation ? asked the reporter. “No; the harm is done. Mr. Havemeyer is now legally out of office, and the Legislature cannot ap- point a man to fill an elective office. This same diMculty came up in the trial of Mayor Hall. It was admitted that he was Mayor under the charter from May, 1871, till January 1, 1878, If Mr. Vance deems it wise to press his case and can get the co- operation of General Barlow he can be Mayor of New York on Monday.” A CHARTER CONSPIRACY. Ramored Combination in the Common Council to Control the Appointments of the Mayor— What the Figure Head of the City Government Says About It—Inter- view with Some of the Sup- posed Plotters—What Sher- idan Shook Says, Mayor Havemeyer was, a8 usual, véry busy yes- terday, in’ consultation with his advisers on the nominations, and did not leave his office until nearly half-past seven o'clock last night, Of course the slate is not yet completed, but even thus early it is said there is a party of naughty peeple laying out plans to break it. Arumor was very prevalent about the City Hall yesterday to the effect that a secret caucus had been held on Thursday evening at the Matson Dor¢e, Broadway and Fourteenth street, at which Police Commissioner Hank" Smith, ex- Collector Sheridan SNook and Thomas J. Creamer, Tax Receiver, were the presiding genii; that they had “fixed” things so as to block Mayor Have- meyer’s forthcoming nominations by organizing a majority of the members of the Board of Alder- men, with an understanding that unless the nomi- nations presented were entirely in accordance with their desires they would refuse to confirm them, and thug hold a “whip hand” over the chief magistrate until they were reasonably conciliated, The names of eight members of the Board were also mentioned as constituting the potent majority who must be mollified, and there was no lack of believers in the story. The first gentleman who informed the Henatp reporter on the subject was very earnest in his assertions, and said :— “Tam satisfied there is something in it, for I got it straight from a man who was at the Maison Dorée last night.” be INTERVIEW WITH THE MAYOR. A couple of hours later the reporter met Mayor Havemeyer and Comptroller Green, as they were leaving the ofice of the former gentleman, and up- on being asked whether he had heard the rumor the Mayor replied, “Wéll, yes, Ihave heard some- thing of it, but that is all. It is, as you say, a ‘ru- mor,’ but it seems tobe going about rather strong- ly.” “What is that?” inquired the Comptroller. “Oh, this rumor aboutacaucus that has been held, through which a majority of the Board of Alder- men has agreed to block my nominations,’ re- sponded the Mayor, Turning to the reporter the, Mayor continued :— “T don’t attach a great deal of importance to the rumor. Of course, there may be such a combina- tion, but if there is it will work itself out. I shall take no steps either to head it off or find it out. I don’t think it could last long before the public if such a thing were contemplated or attempted. Have you heard any names mentioned in connec- tion with it?” THE SUPPOSED CHIEF PLOTTERS. “Yes,"’ replied the reporter, “I have heard that Sheridan Shook, Hank Smith and Tom Creamer are engineering the thing.’ “But have you got the names of the eight mem- bers ?”? “No, [have pot; but I know where I can get them, I think.’ ~ ~ “Ah! well, Ihave the names of the eight mem- bers. They were given to me this afternoon; but I can't pretend to say, even from that, that there is anything in the rumored conspiracy,” replied the Mayor. i: “Well, can you give mo the names as they have been reported to you, Mr, Mayor?’ asked the re- porter. “I suppose one of the most rapid and effective ways of breaking up any conspiracy is to yose It before its intended action has had a chance to culminate.” “Oh, Idon’t know,” replied the Mayor, langh- ingly. “That is a sure way of breaking up any im- proper combination ; but you see I have only got a rumor, and it might be a source of great annoy- ance to some of these gentlemen, It would annoy them to have their names published in connection with a thing of this sort, whether true or not, (Turning to the Comptroller.) What do you say, Green?” “What is it? inquired Green. THE MAYOR “MUM.” “He wants the names of the eight Aldermen who are reported to compose this ‘blocking’ majority against the nominations. Do you think I ought to give them? You see I bave got them only as a rumor.” “You've got nothing positive? Oh, I should | hardly think it worth while to give them uniess you get something more positive about it,” replied Mr. Green, in @ sort of indifferent mood. “Well,” interpolated the “newspaper man,” ad- dressing the Mayor, “Ifyou give me the names I | can cail upon the gentlemen and ask them about it—put the question to them flat, If tney deny it, it will put them on record for comparison with their votes when the nominations are acted upon. 1f there is any truth in it, it will alarm them, and they might turn pale a little, you know.” THE MEMBERS OF ‘THE MAJORITY,” The Mayor smiled as he an$wered, “Oh, well, you know we don’t want to get anybody frightened or turning pale. That would be too bad, I guess it won't be right of me to give the names; at any rate, I would prefer that you should get them from some other direction, 1m not alarmed about the affair anyway, as I think tt will all settle itself right when the time for action comes.” After a few more remarks on commonplace mat- ters the Mayor, Comptroller and reporter went out into the rain and the reporter started on his own heok to get the names of the awful eight, and obtained the iollowing list as the phalanx, being teld tnat there were one Apollo Hall democrat, three republicans and feur Tammany men in the party:—Aldermen Monheimer, Van Schaick, Kooh, Kerr, Reilly, Lysaght, Flanagan and MoCafferty, In order to reach the “engineers” the reporter called at the St. Nicholas Hotel te find Commis- stoner Smith, but the Commissioner was not “at home.” The Union Square Thoatro was next vis- ited, and Manager SHERIDAN SHOOK was at bis office, ‘as 1s his custom of the after- noon’ on matinée days and every evening except Sundays. Upon being questioned regarding the affair Mr. Shook said :— “I keard of this affair this afternoon, amd have been talking to more of my friends about it. I can~ only say that I know nothing of any combination of the kind. 1am aware that there has been some ‘talk among members of the Board of Aldermen, in which they have expressed an opinion that they have aright, when the nominations are seat to them by the Mayor, to lay themover. And they argue this way. They say the Legislature bas con- ferred this power Jointly upon the Mayor and Alder- men. Now, if they intended that the Mayor alone shdtld fill these offices, they would nave said so. But they did not say so, and the Aldermen, or at least a number of them, think that inasmuch as the Mayor is making it a matter of several weeks’ consideration to select the appointees, that they, the Aldermen, should also have a similar priviuege of properly scrutinizing the list, to examine into their record, qualifications and claims for appoint- ments, That 1s all,and it seems perfectly fair. They do not think they should be required or ex- pected to act immediately when the nominations are sent in,’ “Then there has been no caucus to make @ com- bination, Mr. Shook ?’ “Nene whatever that [am aware of, and I cer- tainly do not believe there has been any.’ A MYSTERIOUS MEETING, “Was ‘Hank’ Smith here or in the hotel last night to your knowledge ?” asked the reporter, “Yes; he was in the theatre, and we had a few minutes’ talk about various matters; but there was nothing of that kind talked about. He often steps into the theatre, and we sometimes go into the Maison Dorée together." “Was Mr. Creamer here also last night?’’ “Yes; 1 saw him also for a moment, I only spoke to him as I passed him in the corridor, just inside the hotel here. That's all, Ihad no conversation with him at all.” “Were you and Mr. Smith and Mr. Oreamer here together at any one time last night?’ asked the reporter. NO QAUCUS CONFESSED TO. “We were not at any time tegethcr. Iwas with Mr. Smith; but I saw Mr. Creamer separately, and there was no meeting in the hotel of any kind last night.” This closed the conversation and the reporter next went to Mr, Creamer’s residence in Stuyves- ant street, but learned that the gentlomen was not at home, and asa consequence he escaped being interviewed, ALDERMAN J. J. MORRIS, A visit was also paid to Alderman J, J. Morris, at his residence at 118 West Twenty-first street. In regard to the rumored corrupt combination of Common Councilmen he said :—“It's all idle gossip, and whenI read it in the papers to-day I asked twe Aldermen whose names &ad been mentioned in connection with this matter. They both laughed at it, and said there was nothing in it. The story is made out of whole cloth, believe me,’? ALDERMAN: REILLY was visited laterin the evening. He said:—‘‘If the Mayor nominates men whom I belleve fitting for the office Ishall vote for them. I know nothing about the alleged conspiraey in question. I have, and I believe we all in the Board have, inpticit confidence in Mayor Havemeyer’s selections, Ido not expect any trouble in the matter, Iam in no Way interested in any combination of that sort.’ ALDERMAN LYSAGHT, This gentleman, who was found sick in bed, kindly consented to an interview and said:—‘“I know nothing about the conspiracy you allude to, When the nominations are sent in I shall, after considering the merits of the men, vote for them if Ibelieve them to be honest and suitable men, If tnis had been talked of among the democratic members I should have heard of it; but I have not. Iam sure Mr. Ottendorier will vote as I do—per- fectly independent of any one else’s desires but those of his constituents.” TERRIBLE STORM IN ARKANSAS. Secale The Town of Marion Nearly Swept Away—Loss of Life and Property. MEMPHIS, May 1, 1873, Last night’s storm was one of the severest ex- perienced hereabout in years, and severely injured the growing crops of cotton and corn in some localities, besides unroofing and levelling houses in its path, Rain came down like a deluge, lightning and thunder were terrific and the wind almost ir- resistable. The town of Marion, Ark., was almost swept away by the tornado, and that serious loss of ilfe did not take place seems a miracle, so great was its violence. It came from the south, and first ievelled to its foundation the old Houston Hotel, long used as a tenement by colored people. Although there were Many persons in the structure when tt fell, but a few were bruised, none seriously. Mrs. Crump's Hotel was unroofed and otherwise damaged; Dr. Whitsell’s house and stable were blown down and the fences scattered. The iron roof of the County Jail was carried away several hundred feet; three or four prisoners escaped. The old Cherry House was also completely un- roofed, and also the residence of a Mrs, Barton, who was lying dangerously sick at the time, and deserted by ner iemale attendants in their fright, was leit for several hours exposed to the peiting of the storm, and when finally rescucd was found to be almost beyond resuscitation, Sherif Hardin's house was hy Scattered to the winds, only he foundation being Jeft this ae The ethodist church, the largest building in the town, was liited eight feet away from its foundatious and 1s almost a total wreck, The pub- lié 8chOolnouse was also blown froin its founcations and broxen jn two, Making a total loss. The County Clerk’s Office was ‘also blown down and some of the records lost and damaged. One end of A. T. Robinson's house was crisied in and the roof carried away R. Chase lost all of his sta- them left; and the place which once knew W. D. Hardin's stables and gin houses knows them no more. Colonel Lyle’s resi. dence and that of Edward Lewis, adjoining or near by, were also destroyed during the storm, The air was fall of débris, Whirling and flying like mad, All the streets were found this morning in @ state of blockade from eapeored buildings and ap- rooted trees, some of the latter fairly torn to Pieces, and people from the surrounding counts reported that for miles there ts not a tence left standing and scarcely & house or cabin uninjured, Hstimates of the damage to Marion are about fifty thousand dollars, If is the capital of Crittenden county, Arkangas, and not more than twelve miles from Memphis, Several lives are reported to have been lost in the interior, but no particulars are at hand, LULL IN THE PENNSYLVANIA RAILROAD PIGHT. Pitrssuna, Po., May 2, 1878. A despatch from Bradford ata late hour to-night states that the Connellsville men have been with- drawn from the scene and that quict now prevails, A force in the employ of the Pennsylvania Railroad still guard the point where the connections are severed and are ready to resist any attempt that may be made to disturb the present arrangement of atfairs. The Pennsylvania Railroad evidently in- tend to guard against 4 surprise, and will maintain their large force at this point as long as circum: stances require it. It is hardly possible Garett’s men Will make another forcible attempt to & possession of the branch, They will allow the Su- preme Court to settle the dilicnity, being satis- fied that justice caunot do otherwise than order the road again into their possession. The argu- ment on the bill will be heard in the Court wluch sits in Harrisburg next week. OALIPORNIA, Breaking Ground for a New Railroad. SAN FRANCISCO, May 1, 1878, Work was commenced to-day at Benicia on the Central (narrow gauge) Railroad in the presence of a large concourse of citizens. Ex-Senator Qole anil Jesse Grant were among the spectators AMONG THE CARLISTS. A Herald Correspondent Visits the De- fenders of Divine Right. SEEKING DORREGARRY. A Hard Ride in'the Mountains and Valleys of Navarre. BASQUE DEVOTION TO CARLOS VII. The Peasants of Navarre Ready to Fight for Royalty Against los Republicanos. — ALIZONDO, Maroh 20, 1873, If it ts as dificult for the republican troops in Spain to find out the bands of Carlists dispersed among the fastnesses of Navarre as it was for me to discover in London and Paris the chief authors of the movement, there is but little chance of the Republic gaining the day. But I found them, and, in consequenee, found myself in Bayonne, accredited te the chief agent there for the Carliats, the secre- tary, in fact, of the “Real Junta Auxiliar de la Frontera,” the which junta, composed of various marquises and counts, has its seat in one of the first hotels in that city, M. X., the Secretary, @ Frenchman, but none the legs Carlist, is the’ very personification of activity, good humor and indomitable energy. He acts ilke the very sharpest spear upon the slower ana more phiegmatic Span- lards, and Iam convinced that but for him my experiences would have been identically the same as these of M, Camille Farcy, the correspondent of the Paris Figaro, who has been floundering about among the mountains in search ef the headquarters of General Dorregarry for the last fortnight, until he was obliged to con- tent himself with an interview and a dinner al Jresco with the fighting curé of Santa Cruz, M. X., however, promised me to send off an express at once to General Dorregarry, informing him that a special correspondent of the NEw YORK HERALD un grand periodico de New York, desired to fol- low his movements for a time, and begging him to give the necossary instructions for me to meet him IN A FRONTIER TOWN. Pending the reply,I went to Irun, the first Spanish town beyond the French frontier. Here we found the inhabitants in a state of considera- ble excitement. All the entrances to the town, seven in number, were fortified by a strong wall with loopholes and massive woeden gates. The arcades of the Townhall were also walled up and chevaux-de-frise con- structed in various points approaching the town. The appearance of the place could not be more warlike but for one circumstance, and that was, there was not a soldier to be seem. Thero had been 2,000 gevernment troops there about a week ago, but they had all left. In fact, if 100 Oar- lists—or 60 even—had chosen they might have walked into the towm and taken possession of the fortifications as though they had been kindly con- structed for them instead of against them. And, on inaniry, it seems that the former really is the case. Four-fifths of the inltiabitants of Irun at least are Oarlists, and really desire te be annexed by the party they are devoted to. This philo-Carlism arises partly from the fact that all the people in the Provinces of Guipuzcoa, Navarre and the rest of the Basque provinces are born Carlists, and cry, “Viva Don Carlos!’’ before they can stammer papa and mamma, and partly from jealousy that Bay- onne is driving such a good trade with Spain in consequence of the lower tariff imposed by the Carlists at the douanes of Daucharinea and Val Carlos. I will give youaproof, The hospital at Bayonne enjoys a certain percentage on the value of. the merchandise exported into Spain. The amount received by the hospital during the first quarter of 1871 was 835 francs, during the first quarter ef 1872 1,500 francs, while the receipts from January 1 to March 15 of the present year, amounted to 2,247 francs 7% centimes. Naturally the good citizens of lrun would like to participate in or monopolize the trade of Bayonne. I only met one man at Irun during my two days sojourn there who spoke against the Carlists; and he, it is true, was furious. He raved against them, called them brigands, thieves, assassins, traitors, cowards an@ villains in one breath. He choked over his chgsolate, and rolled up his cigarette with such vehemence that he tore the papers by the dozen. His fury was, however, explicable, when I found out that he was arailway agent, and that in consequence of the atoppage of the line by the Oarlists he was losing so much aday. Ipitied him at first; but when he allured us into taking a promenade into the coun- try, whereby we were canght in a pitiless storm which soaked us to the skin, while he, protected by a waterproof mantie and top boots, calmly told us it always rained at Irun, I secretly rejoiced at his mishaps, and at once registered a vow never to stir out in Biscay without a rubber coat of some sort. TO THE REALM OF KING CARLOS. On our return to Bayonne I found a note saying that if J liked I might start the same night, March 19, on my journey to join General Dorregarry. 1 did like, very much 80, and in ten minutes had packed up my traps, a side pocket aad ene modest carpet bag, and was ushered into the presence ef the Junta, where the Marquis of Q., with great ae and empressement bade me welcome, and furnished me with a Carlist pass and letters of introduction to Geueral Derregarry and mem- bers of his staff. Ateleven P. M. I was seated in & carriage with three other gentlemen, among them M, X., en route for the frontier of Daucha- rinea, about two anda half hours’ drive distant. Rolling rapidly aloug through the dark, blll night nething of any importance happened until close upon the frontier, when two or taree French soldiers secenly aptane out of the darkness and demand i vive?” This was a contretemps, Fortunate! m owever, the officer on guard was a friend of X., and so we got off with the frigit. But now ovr contraband operations commenced in good earnest, ‘The carriage lan ‘were put out, the bells taken off the horses’ necks and the pace reduced to awalk. At last, when about five hundred yards olf the bridge over the stream that separates France trom Spain, we de- seended, one of the party going anead to recon- noitre. When he returned we were disgusted with the information that ‘ces diabdles de gens Warmes’’ were actually awake, although it was one o'clock in the morning, and that we should be obliged to make a detour of twomiles and cross the stream farther up. So off we set, soundermg in the mud, suddenly setting in a furze bush, splashing threugh pools of slush, pitching headiong over brambies and fences, or twisting our ankiea over slippery stones, till I began to wish myself reading the HERALD comfortably at home, to learn the situa- tion, instead of picking it up among the Pyrenee But happily we founda bridge (save the mark composed of two'siippery planks, ornamented wi various holes, like @ piece of wooden embroidery, over the noisy streim rushin, forty feet below. Having been accustomed to Turk- ish bridges, cunningly constructed solely to break as many ttt necks as possible, 1 would have crossed anything to get out of France and under a roof; but one of our party, an eld gen- tieman and short-sighted withal, viewed the narrow planks with feelings of decided fear. Tak- ing him, however, between us, one in front and one behind, we ultimately succeeded in crossing and found ourselves safely landed on Spanish soll, “VIVA CARLOS VII. |’? We soon arrived at the louse where the Carlist guard was located. Dead silence, By dint of furi- ous shoutings we at last roused the slumbering warriors from that sleep which was apparently engendered by a most excellent consciousness of having done and doing their duty, The door was unparred and opened by a couple of staiwart fel- lows with the Navarrese Carlist cap, something like a Turkish fez fattened into a red pancake, on their beads, nondescript nether garments and coats of blue cloth, immed with red facings, &c. Each had a gun, of very antique Seen toon? in his hand anda ma, sabre at his side, Soon others appeared, to the number of about edt and alter many greetings, salatations and shaking of hands, we were escorted by three of thom to the posada, where we were snugly ensconced between a couple of coarse but clean shects and speedily jept the sleep of the righteous on veritable Oarlist ‘The next morning the.guard assembled in force, to the number of about one hundred and twenty. They were dispersed in groupe, one of which was superintending the weighing of a cartload of pro- visions which had been “requisitioned,” and were being paid for in bonds on the future exchequer of King Carlos VII. As far as I could judge there seemed to be no gbiections to this dnancial arrange- ment, and certain it is that on our journey to Alt- zondo we were Cag ns invited to drink wine and eat something, for w! ment was neither expected nor demanded. ‘equently we were greeted with cries of ‘Viva los artistas 7" Iwas Much amused with the headdress of some of the | pond crppesing only of a scanty handkerchief led round the he: But so impressed were they with the conviction that really had a hat of some kind on their heads that they scrupulously doffed the lef whenever they entered our room, They are all stalwart, stardy men, with marked ani me features. Ail have bushy eyebrows and finely chiselled noses and chins. In the mor: ‘we resumed our ey on horse- » Feaohing ndo after a ride ef five hours, Change et Sits artes on start 0" morrow hy coach, with the prospe: joining Gem- eral Doreen? at night i ee isis With the Carlists im Navarre. SAN Martin, Navarre, March 26, 1873, After partaking of a tiny cup of Very thick, but very good checolate, served up with a couple of strips of toast and a giass of sugar water, we pro- ceeded to the “fonda, where I was introduced to the “Gefo” or chief of the forces stationed at Daucharinea, He was a tall, gaunt personage ef some sixty years of age, with sharply cut and deeply wrinkled features; hard and stern, ag though carved out of a bleck of lignaum vitm. At first I thought he would prove but @ sorry om- panion; he turned out, however, te be very theughtful for my comfort and was even jovialin a@dry, grim sortef manner, While the guard was | being mustered, I was struck by their hearty good temper and by the bonhomie expressed on all features, which made one forget the dilapidated condition of the clothes these voluntartos of Don Carlos were dressedin. And here [may say that the exterieris werse than the interior, for the Navarrese peasants are all particular about thoir linen and 4 dirty shirt is rarely to be met with; the weds also are snowy white, andI never met with cleaner tewels and table napkins than among the very lewest classes of the peasants in Navarre. Eight men were told off to.escort the Gefe and myself, and, mounted on a ceuple of the rough- coated horses of the country, with their backs closely shorn, we set of at an amble for the next Station occupied by the Carlists, at the Puerta de Velate, a pass ever the Western Pyrences leading to Alizondo, where we passed the night, and struck off the next morning into the mountains, rejoining the high road near a large posada, or inn, where the second station was located. Here 1 was handed over to the Gefe, who, increasing our escort to the number of twelve men, at once set off—part of the way being accomplished in a carriage—until, as befere, we struck off into the mountains, Hence- forth our road lay entirely among the hills, and I can only compare @ Spanish mountain road to an immense boa-constrictor suddenly petrified during a violent attack or St, Vitus’ dance and then cey- cred with cannon balls, large and small, and then Well greased to make them as slippery as possible, In addition, it began to rain and hail in torrents, and fer the rest of the day we were either soaked in the clouds which enveloped the upper part of the mountains or sinking ankle-deep in the mire of the valleys below—the dull, heavy sky only be- ing enlivened at rare intervals by a few strag- gling gleams of watery sunshine, But nething could exceed the good temper ofthe men, although it must have been very annoying te them to have toescort a heretic onsale over the moun- tains in such weather, They laughed, jeked, phased ach Sere abouy the highest spirits, and one of tuem stuck a couple of feet deep in the slushy mire the laughter ef nis comrades was only exceeded by the couautmlty, with which the victim received it and thundered forth a volley of cofios and carrachos, It rained the whole day, and my water-proef, seon found that ingenult has not yet invented any cloak proof against Navarrese rains. I wondered how on earth the men could keep their health, for they have had this sort of thing for the last three months, until the riddle was solved when I saw one of them dressing, They all wear steut drawers, and around the waist nd stomach they wind along and broad woollen scarf in about six er eight thicknesses, and these precautiens, combined with their naturally strong eonstitutions, effectually protect them from the diseases which otherwise make such rayages among treops under similar circumstances, The climax of our troubles, however, commenced with approach of night, when in perfect darkness, zo dark, in fact, that it was impossible to see the next man over my horse’s head, we descended the moun- tain side at an incline of what seemed to me to be about ten feet in twenty. How I got downat all I have not the faintest idea: T am only conscious of being jumbled down some how or other, and of Gnding myself suddenly betore tne gates of the house where we were to pass the night. It was a rivate house belonging to one of the peasants; but In a few minutes we were seated belore a rearin; fire and drying our things—boots, shoes, cloaks an eee. A lamb Was then slaugatered and speed- ily cut up and manipulated into a very savory stew, in which it is true the favor of garlic pre- dominated in a very marked degree; but, after the day’s exertions, | think a small furze bush would have served as a Donne-bouche to appease my appe- tite with. In addition there were caulitiowers, eggs, “garbauzos,”” ah an unlimited supply of wine. There is no doubt but teat the Navarrese peasants live very well. Their daily bill of fare is as follows:—The first thing in the morning is cup of thick chocelate and a glass of sugar-water; at about 9 o’clock they have a bouillon with plenty of bread in it, sausages or bacen and maize or potatees, eggs and a stew ef some Kind or other; at 1 o'clock the same in greater abundance, with @ dessert of appics or nuts, and in the evenlng @ third meal, all being ac- ied with an unlimited supply of wine and ‘hich is snowy white—such as is never seen gland. On the whole, the Spanish mode of living among the lower classes 1s exactly similar to that of the higher classes in other countries— always several courses, ‘Travellers in Spain sneer at the oil and garlic of the Spanish cuisine; but the fact is that oil and strong condiments, such as gar- lic, capsioums and pickled pepper pods, &c., are a climatic necessity in all southern climates, iim STRATEGY AGAINST THE RAILROAD, The next morning, March 22, we were in the sgd- die at four o'clock, and, skirting Pampeluna at about four miles distance, crossed the railway at the station Suarti, which had been burnt down and the telegraph wires cut about a week before. A great deal ef indignant vituperation has been wasted upon the Carlists on account of this appa- rently wanton destruction of ratlway property ; but it must be remembered that it 18 a strategi¢ neces- sity for them as long as the railway companies for- tify and garrison their stations in erder to be able to transport government troops and ammunition. The railway oficials were always duly warned not to run trains on certain portions of their line; but as they refused, notwithstanding, to obey these or- ders, there was really nething leit for the Carlists to do but to be as good as their word, DEVOTION OF THE PEOPLE FOR THEIR KING. After # very pleasant ride of nine hours—the only impediment to our progress arising from the irresistable invitations of the inhavitants of all the villages we passed through, to alight and take some refresiiment, amid the inevitable cheers of mand, their ots and the plan of the 4 as ag I can do so discretion. on! present that, asfar as I ha’ old and young throughout the province of are as intensely Oarlist and enthusiastic cause of Don Carlos as it 1s possible for any nation tobe. Still mere, the Carlists are not On merely a few at bands of semi-ban: a are well organized, and I have not heard of a single complaint made them. They are received e. everywhere with the greatest maniiestation of joy; are furnished with all'iney Tequire; are 80 weit in formed of the movements of los otros that they have net the htest diMculty in knowing exact! what te do, while the republicans themselves m everywhere with @ hostiie population and cannot extract one word ef information ding the Carlists, who were perhaps in the place an hour bee am told that the same is the case in nearly all the poe and that all that is wanted if arms. mean, however, to see for mysell, aud shall not take anything upon hearsay, THE LATE JAMES BRO0O i Arrangements for the Obsequics of the Deceased Journalist and Siatesman— The Autopsy—Action of the Arcadian Club and the Board of Aldermen, The remains of the Honorable James Brooks will leave Washington this morning in charge of his son. They willreach New York this afternoon at five o'clock. At the request of Dr. A. Y. P. Garnett, the family Of the deoeased acquiescing, a post-mortem examl- ation was made for ascertaining the cause of Mr. Brooks’ death, Taere were present Drs. Garnett, 4. C. Hall, Drinkard and Ashford, and two surgical experts from the Army Medical Museum, Dra, Schaffer and Lamb, who performed the autopsy. The cxamination developed the fact that the dig ease Was an extended cancer on the posterior per- tion of the stomack, trom which the patient had been suffering probably for the past three years or more, All the other organs of the body were tound to be in a healthy state, with some siight deviation from @ normal condition of the system. The result confirmed the opinion held by Dr. Garnett as to the nature of the disease. TRE BODY BMBALMED. The body has been embalmed and is to he placed in a borial casket of solid walnut, covered with fine black broadcloth, with massive silver mouldinga around the top and bottom edges and at the points of cach angle. Silver bar handles extend the en- tire length of each side, with handies of the same metal on each end. The sides are ornamented with silver shields, beautifully enased in flower work. The inside ig padded and trimmed with festoon. satin quilted in flowers. ‘he top isu! entire me- tallic material, the {rame being of silver moulding divided in the middie by a silver crossbar, with a French plate glags panel on each side, covering the entire body, Two detached wood panels covered with black cloth are fitted to cover the ees top and fastened with silver thumbscrews. Kither or both these latter panels may be removed at pleasure, thus exposing the inside to view. On the head panel is @ plain silver plate, on which is the inscription:— NOONAN NOON DONDE NINE HOD JAMES BROOKS, Born in Portland, Me., Novembor 10, 1810. Died in the city of Washington, April 30, 1873, ALONG O RINNE DDNOEOIONE ENON DOODIE DE EOE On the corner Rect acs forming the octagon ta pe eee are placed beautifully designed metal plates. THE ARRANGEMENTS FOR THE PUNERAL are not yet.compicted, and the names of the pall bearers are not fA quite decided upon, but will be in the course of the day, The funeral will take place from Grace church, on Sunday, at 2 P. M. Action of the Arcadian Club. ‘The death of Mr. Brooks having removed from the sphere ef journalism another co-lavorer in the profession so largely represented in the Arcadian Club the Executive Council, at a special meeting, held en Thursday evening, passed the following resolutions :— Resolved, That they bow with resignation to the will of Him who, during the short space of a few months, has re- moved by death so many eminent men of the Americam press aad seyoral leading editors of New York. Reselved, That while the community at large, and the Profession Lt etlenth 4 still mourn the loss of Benmett and Greeley, the Arcadian Club. feels itself called upom to place on record a tribute to the eminent services ren- dered by the late James Brooks to the American press while yet it was in its ede ya long before steam and the telegraph were used as auxiliary agents in diffusing the Frawiedge, of current events to the different States of the inion. Resolved, That in tho latter years of his life Ja Brooks Ard self taught editor, Fetained up tote the affection of numerous younger journalists, who “Viva Carlos Settimo”—we arrived at Echauri, where I was introduced to the wife of General llo. The introduction to me was pain/ul in the extreme. I did not know whom I was going to see, and feund myself ushered into a bedroom where, a bed-ridden invalid and totally blind, lay the wife of the veteran Soldier who was away in the mountains with Gen- eral Dorregarry. She shook hands with me most kindly, and spoke with the greatest enthusiasm of the battle for liberty and Charles VII. agaimst the republican troops of a eountry in which there are almost as wee parties as there are provinces, It Was not until I was about to leave and held out my hand to her to bid her goodby, that I discovered she was blind, Somebody said i wished to say fare- well, and not till then did she take the hand she could not see. There was something very touching in the sight of this aMictea lady lying in a small country village in the midst of the turmoil ef war, far away from her husband who might have been stricken down by one of the enemies’ bullets at the very moment | was speaking to her, and this sight, perhaps more than any other, showed me how ut+ terly impossible it is to crush out Carlism in these provinces. It may be Est down for a time, but | never extinguished, The next mornimg (th we continued our journey with an escort of thirty- five men, and were told that in the gyeping we showld join the headquarters of the General, It was, however, decreed otherwise. The fact was, we were actually marching in the wake of a column of republicans—‘los otros’—the others, as they are called by the Carlists, at distance of not more than a couple of hours’ march, the said col- ‘umn @f 800 men being, like ourselves, also in search of Derregarry. There was something very funny” in the idea of our making the enemy act as our van- ard; but it was not at all funny to find that, hav- ing ‘come to the cenclusion that they were tired and would like Tg to bed, they had stopped ata sinall town called Abazzuza and effectually pre- vented our further progre: AS it Was too late to make any coffsiderable detour, and alter having advanced to within half an hour's march of Abazzuza, we had to turn back and resume our search the next day, when a chango was made in the modus operandi, and I was handed over to a guide who knew the country by heart for miles and miles around, HEADQUARTERS OF THE CARLIST LEADER. By his care, after having traversed mountains and valleys innumerable, | at last succeeded in reach- ing the headquarters at San Martin, a village about half way between Estella and Santa Crug de Cam- era, lying half way up the slope of @ high moun- ain ridge andyprotected in front bya series of for- Midable gorges anda roaring mountain torrent, I was at once received with the greatest cordiality by General Dorregarry and Marquis Calderon, and introduced by ther to the rest of the staff. The General himself is a man of about forty-five years of age, of commanding appearance, hand. some features, in full uniform—as are all the officers and men—and carrying his left arva in a sling, in consequence of a wound he received last Summor. In a day or two I propose giving a full description the forces under ‘hia com- learned frem him the first principles ‘of a profession whose members now mourn his and honor his memory. % Resolved, That a committee be appointed by the Presi- dent to represent the Arcadian Club at the feral of te eeeelvads MUSE A Gate. ot; tebe reembaslene. tabi iene solved, grossed, be'sent to bis bereaved widow and Children. The following gentlemen were appointed a com- mittee to attend the funeral:—Hon. Heury G. Steh- bins, Hon. Algernon S, Sullivan, L, Israels, B. Ps Reinhart, J. R. Tuomas, Action of the Board of Aldermens The Board of Aldermen met yesterday afternoom at four o'clock, pursuant to @ special call for the purpose of taking action on the death of the Hom James Brooks, President Vance presided. The reading of the minutes of the last meeting was dispensed withe The Mayor sent in the following communication §= New Yous, May 2, 1873. To rum Hovonaste rae Comwon Couxctt :— Tavail myself of the opportunity offered mo, by meeting of to-day to announce to you the death of the Hon, Jataes Brooks ‘or many years Representative In the Congress of the Valted States of the Sixth Congressional ict is city, Nr. Brooks has-for @ long period been connected with one of the prominent journals of this city, and in addi- tion to his public service as Representativo' in Congress has, In his professional relations, been so interested in; the great questions which have agitated the public mim for the par few yvars as to invest his career with inter- in my Judgment, calls for some respectful ree- ‘our honorable body. I therefore cominu- nicate to you the event of his death for such commemor- ative notice as it deserves at your hands, which [have no doubt It will receive. W. F, HAVEMEYER. Alderman OrreNDORFER made a few remarks eulogistic of the deceased, and offered the follow- ing preamble and resolutions, which were unan® mously adopted :— Whereas It has pleased Almighty God to call Le midst the Hon. Jaunes Brooks, ealtor and prop: tor of the we Express powppaners and a Representative im Congres; trom the Sixth district, who has, caring, an active public career in the legislative halis of this State and nation, distinguished himself by advocating the in- terests of this metropolis by the Ini juction of meang for its prosperity and advancement. i whereas the distinguished services rendered by him both as a jour nalist and a Representative to this city and to the aniclpal at large make it incumbent on us, as the municl Tepresoptatives of the people, to hay a proper and fitt tribute to his memory, and give oficial expression to our Ferret at the loss the community has sustained in hig jeath; be it therefore Resolved, That in the demise of the Hon. James Brooke the people of this city have lost one of their ablest Repre- sentatives in Congress—a Representative who has alike been distinguished aa a, statesman and Journalist, ang who has been called away in the midst of a. carcer Public usefulness; and be it further Resolved, That we hereby tender our sympath a condolences to the Hereaved widow and family ot tho diet ceased, and that this tribute to bis memory be entered im the journal of the Board. As @ mark of respect to the memory of Mr Brooks the Board then adjourned, German Demoeratic Liberals. The German Democratic Liberal Central Gom- mittee held a meeting yesterday afternoon, at which resolutions were passed eulogistic of the Hon. James Brooks. Sympathy was expressed fer the bereaved family and regret at lis loss as @ public man, and it was resolved by the committee to attend the funeral in a body, ms Action of the Action of Attaches of the Expres: Ata meeting of the attachés of the Zzpress yes terday afternoon resolutions were passea expres Sive of their sense of personal bereavement in the decease of the founder of that journal. A commit- tec was appointed to procure a suitable floral tribute to be placed upon the coitin of the departed. A committee was also appointed to engross the resolutions passed, and one was also appointed to. present a copy of the same to Mr, Brooks’ family. PORTRAITS OF JAMES, BROOKS, WasninoTon, D. C., May 2, 1873. Dr. Stone this morning took @ plaster cast of the face of the late James Brooks to. assist him in making a marble bust of deceased, Mr. Elder, of Richmond, Va., an old friend of Mr. Brooks, was also present to-day gathering materials for @ picture, FIRE IN PHILADELPHIA. PHILADELPHIA, May 2, 1873. The woollen mill of Ammidown & Lane, on the Wissahickon, was damaged by fire this morning. § 18 $15,000, The building is within the Park iimnita and had been purchased by the yi preparatory to removal, though the mill was st 1" working. FIRE IW ONTARIO, CANADA, MADOC, Ont., May 2, 1873, A fire thia morning destroyed the Hoffman House and ‘che block of stores in which it was situ. ated, together with the Presbyterian church and the Town,Hall. The loss is about thirty thousand dokars. FIRE IN MASSACHUSETTS, Fironnura, May 2, 1973. The paper mill at Crockervilie, noar this city, owned by Crocker, Burbank & Co., was partly de- stroyed by fire last night, including considerable paper stook, The logs is $10,000; covered by in- SUFADOe