The New York Herald Newspaper, August 27, 1873, Page 4

4 ALEXANDER If. STEPHENS. ‘The Old Orator in Georgia on a Health Toure ‘Popular Demonstrations and Receptions. MIS THIRD TERM VIEWS. ‘Republican Mecontents and P Pet Policies. Ao Amendment to the Constitution Unnecessary. ‘Definition of Usurpation and Ceesarism. Géheral Grant's Enforcement of Bad Laws Points Out Remedies. HOLD FAST TO THE POLITICAL UNITY. Executive, Legislative and Judicial Lib- erty Checks Imperial Tendencies. Office-Holders Dare Not Subvert the Govern- ment Against the Popular Will. ‘Democracy Warned Against False Notions and Unholy Alliances, GarNgsvIL! anvasrans Figo a ie} ‘This beautiful little up-country city was, many years ago, guite a noted place ef resort during Bummer months for wealthy planters and others of Bouthern Georgia, This was before there were any Failroads and when facilities for extensive travel ‘Were quite limited, The line of the country then owned and occupied by the Cherokee Indians (the Chattahoochee River) is only four miles from this lace. Gaineaville was then the most important ‘town in North Georgia, and the furthest north of Bny important point within the white settlements, At is situated in one of the most beautiful countries in the world, on the highest plateau in the United States east of the Rocky Mountains; the tempera- ture in summer most delightful; water clear, Bparkling and cold, and health unsurpassed by any region on the habitable globe. But when rail- Toads were built, and the cost and trouble of distant travel much reduced, pleasure seekers went more to the mountains of Virginia and New ‘Hampshire, and to Saratoga and elsewhere; and it ts only since the building of the Atlanta and Rich- mond Air Line Railway, penetrating a large sec- tion in Northeast Georgia hitherto untraversed by the fron horse (which will be completed and trains Tunning through in a week from to-day, very ma- teriaily shortening the distance and the time from New York to Atlanta and New Orleans), that the attention of persons In quest of health and pleasure is again turned to this picturesque, delightful anda invigorating country. Quite a number of springs, having valuable medicinal properties, exist all through the mountainous region of Northeast Georgia, which also so much abounds in rich minerals—gold, diamonds, iron, 4c.—and great mumbers have flocked there daring the present season, Among these is MR, ALEXANDER H. STEPHENS, ‘who reached this place yesterday and will remain a few days, after which he will go to Porter Springs, 8 new place, of considerable celebrity, far up in the mountain gorges in Lumpkin county, north of Dahlonega, and remain o few wecks, seeking rest, recreation and improvement in health. For some weeks past his health has not been as good as sual, and his labors during the spring and summer Dave been heavy, and, though he is somewhat im- proved since leaving Atlanta, over a week ago, he 1s still feeble and complaining. His arrival here is hailed with the liveliest satisfaction by the people, who have called to see him in crowds. It is the first time he has been here since 1844, and every- body wants to sce this most remarkable man. Notwithstanding his infirmities he is very cheerful, In fine spirits and converses quite freely with the great numbers who call on him. He has the same charming conversational powers, briliancy of wit and an unbounded fund of accurate tnformation for which he was s0 1amous among the great intel- tects of the national Legislature and the learned of the country before the late unpleasantness be. Sween the two sections of the Unton. A PUBLIC RECEPTION WAS GIVEN HIM & few days ago by the people of Martetta, and by the people of this place thts evening, on both oc- casions the population turning out almost en Masse—the ladies and the children included—to to him their high appreciation of the man. At both these receptions, in addition tos general bociable conversation with members of the great throng {n attendance, he made a short address in a plain convorsational style, the burden of which was an exhortation to the young to the practice of the highest virtue, and to all to cherish a lofty Patriotism and strive to maintain good govern- ment. The true object of all government, he sald, should be the protection of individual rights; but frequently power invades the sacred domain of right. The true principle which lies at the foun- ation of all right, for which the masses have ever been struggling, was first announced by Him who spake as never man spake :—“Do unto others as ye ‘would that they should do unto you.” Such are the sentiments and teachings of Mr. Stephens. Everybody 1s astonished to find him so well pre- served at his age (now sixty-two years old), con- sidering how feeble and infirm he has been all his life, and the great amount of physical suffering which bas accompanied his whole existence, 7 A TALE WITH MR. STEPHENS. ‘This morning your correspondent called upon him, and seeing that he was feeble and learning that for some time past his health had not been as good as usual, inquired if he intended to go North fluring the season, and if he would go to Wasbing- ton before the assembling of Congress, He replied that he desired to go to New York during the fall, and that if he should recover bis health somewhat, and engagements permitted, he would probably go to Washington in October or November, before the weather became very cold; after which the following conversation occurred between us:— ¢ RePorTer—It will be quite an event, Mr. Ste- ‘phens, not only in your own history but tn the history of the country, for you, after so many years of absence from the halls of the United States Congress, and after the exciting expertences and vicissitudes of these years of absence, te return to your old place upon the floor of the House of Rep- resentatives, Mr. SrernEens—Yes, great changes have taken place, and I shall, no doabt, find many things dif- ferent ‘rom what they were, and my return to Congress is somewhat of an event to me; for when I retired from there in 18601 did mot expect ever to retarn again. REPORTER—I suppose you will have an exciting tune daring the next session over the questions which for years have been agitating the public mind? Mr. srppmEne—I think not. I do not expect paved cockiomanh OK Peed lalstonk Lb Lhe Biv NEW YORK HERALD, WEDNESDAY, AUGUST 27, 1873—TRIPLE SHEET, ceedings of the next session or during the present Congress; but I do expect a very exciting time, which will enlist the feelings of the whole country and the most active exertions of statesmen and politicians, as the next Presidential election ap- proaches and during the campaign preceding it. The great storm will dispiay its fury in the Con- Gress succeeding the present one. That Congress will open the next Presidential campaign, RerogTER—Would you be willing to give me your views upon the question of Omsarism and the re- election of General Grant, which is now being quite extensively discussed tn the newspapers, for pub- cation in the New York HgRatp? Mr. STEPHENS—I have noticed the discussion, and, though I have not thought much upon the subject, my views upon it, especially upon tne Principles involved, are mature, and, if they are desired, I ghould have no objections to giving them to youor to their publication, provided you will report them and the H&RALD Will publish them in my own language, 80 that my views may be “cor- rectly understood by those who may read your report, RerorTer—Then, Mr, Stephens, I would be glad to know what you think of the question—“A third term for the Presidency." Mr. SrEPHENS—What do you mean by this ques- tion? Do you wish to know if I favor such @ policy? If so, I have no hesitation in saying that! do not. RerorTER—That is not theidea. I wish to know what effeet you think bis third election by the re- publican party would have upon the institutions of the country; I allude to what is called the Oxsar- tom that Would attend his election. _ ‘NO PEAR OF TUYERIALISM. Mr. SrsrPHENs—Well, I don’t think there is much in that. I have lately read agreat deal in the papers under the head of “Cxsarism” which might just ss well have been called “Dunciadism.” By Cwesarism Isuppose is meant imperialism, or the overthrow of the federal Union of the States and the establishment of @ consolidated empire instead. I do not think General Grant's election to a third term would have apy eifect upon the institutions of the country in this respect, diferent from that which his first and second has had, especially if he should confine his exercise of the executive powers within the same limits hereafter as heretofore. Cwsarism does not consist of who is in the Executive ohair, nor how long, butin how the government is ad- ministered. Cesarism and imperialism conaistin a disregard by the Executive of the checks and limi- tations of the constitution, and the grasping by usurpation, in the hands of one, the powers of any of the other two departments of the government— the legislative and judiciary. There can be no Ovsariam or imperialism in this country so long as the ‘trinity in unity’ of the constitution is pre- served, that is, so long as the three great separate and independent departments—the executive, legislative and the judiciary—are main- tained intact in their co-ordinate relations with each other, go far as the delegated powers of the general government are concerned; nor can there be anything like a consolidated single republic in this country, which is not much less dangerous than Cesarism itself, so long asthe rights of the separate States, constitutionally reserved and secured, are respected and left inviolate. The greatest danger, in my opinion, which now threat- ens the liberties of this country is jast that which the ‘ramers of the constitution so carefully guarded agalust; thatis, a consolidation of all the separate and distinct smaller republics, as Rome was con- solidated. This result would niost certainly, in my opinion, lead to the establishment of an empire, and as surely end in Ossariam in this country as it did in Rome. ReporTer—But do you think that is just what General Grant is aiming at? GENERAL GRANT'S PROBABLE COURSE. Mr, STEPHENS—No; I will do General Grant the Justice to say that I have not seen any evidences from him of any such wish or desire; not @ hun- dredth part as much as I have seen from the course of those malecontent republicans, who style them- selves liberals, who have fallen out with General Grant, and who have lately raised such a hue and cry against his Cesarism—so called. If General Grant has ever violated any law I am not aware of it The greatest objection I have to him is his rigid enforcement of the very bad laws which these Malecontent republicans were mainly instru- mental in carrying through Congress—some of them by fraud and perfidy, a8 well as usurpation. They, as I understand their his- tory, were the extremest of the ex- treme in urging the passage of measures which tended moro towards the establishment of an empire in this country than anything since the the example of Washington, in my opinion, is in his not having violated the constitution and in not having usurped any power not confided to him. ‘The bare fact that a man should suffer his name to be usea as a candidate for a third, fourth, fifth or tenth time, or that his friends should urge his re-election to this number of terms, constitutes no evidence whatever, in my opinion, of Cesarism. It is very important—nay, essential—that tlio people, if they are truly jealous of their rights and liberties, should understand these distinctions. ATTEMPTS TO SUBVERT THE GOVERNMENT. RerorreR—But do you not think the partyin power, who propose to run General Grant, are aiming to subvert the government? Mr. STEPHENS—I have no doubt whatever that & large portion of the leaders of the present party in power have for years been striving for the estab- lishment of principles which will, if they are suc- cessful in their efforts, inevitably lead to an entire subversion of our whole framework of government. They are striving for consolidation, which is but another word for empire, the end of which will be despotism in some form or other. But, to prevent the accomplishment of this object, their principles and measures must be assailed before a liberty- loving people and brought into reprobation and condemnation at the polls, just as the like measures and policy of like leaders were assailed, exposed ‘and condemned by the popular vote under the lead of Mr. Jeffersoy in 1800, The leaders of the party now in power can never be arrested in their mis- chievous purposes by assalling them upon false or incorrect issues. The issue that the election of a DE foF.A third torm is Oxsarism and dan- gerous to the country is Just such an issue, They may—some of them—be relying upon the popu- larity of General Grant; but as long as he violates no law the assaults of those who would preserve the liberties of this country should be aimed at the authors of bad laws and wicked measures, a8 well asthe principles and policies on which they are based; and not against the officers, high or low, who execute them. In my opinion the salva- tion and preservation of the free institutions of this country depend upon the democracy. This is their high mission, and they will falfll it only by strictly adhering to and persistently maintaining the principles of the constitution, and not in fol- lowing the lead of malcontent republicans who have fallen out with GeneralGrant, I do not think the bare candidacy of General Grant or his elec- tion a thira time is in itself any more threatening or dangerous to the liberties of the country than his past two elections. ADVICE TO THE DEMOCBATS. REPORTEE—DoO you think it is possiple for the democratic party, in the next election, to defeat General Grant as the candidate of the republican party? Mr. STEPHENS—I think the principles of the de- mocratic party, as announced by Mr, Jefferson, are stronger with the people of the United States than any man who may stand in opposition to them. I have no idea whether General Grant will be the next candidate of the republican party or not, nor whether he would suffer his name to be used as a candidate for a third term or not, I have been speaking of abstract principles only; but one thing I do feel assured of—if the democratic party abandon the maintenance of their own principles and join the malcontent republican leaders to beat General Grant, upon the issue of Oxsarism, because of his running @ third time, and the present party in power should run him upon that issue, he would be more triumphantly elected than he was in the last “race; because, as the issue would then be presented, there would be no ground upon which @ successful assault could be made. The success of the democracy or the democratic party in the next election for President, as in the last, will depend upon the issues they present in the canvass. The great majority of the people of the United States are, in my opinion, as traly devoted to the princi- ples..of constitutional liberty under our federal system as their ancestors were, and when these principles are distinotly set forth and boldly main- tained by patriotic, uncorrupted and incorruptible leaders they will not fail to be sustained at the bal- lot box. What turn the next Presidential election will take is yet among the greatest uncertainties of the future; but if the real perils of the liberties of the country are to be put in issue, as they should be, then principles would be made to override all considerations relating barely to men or the small matter of rotation in office anda scramble for spoils and plunder; but when such small issues as these are presented the great body of the people have but little interest in the result, and take quite as little in the contest, This was the case in the last election, and tt will be again as Union was formed in 1776—then formed mainly for the establishment and maintenance of the ines- timabie right of local self-government on the part of the people of each o1 the States, severally and respectively. It is true they now style themselves liberals; but wherein they have ever changed their designs, objects or policies I have not seen. Gen- eral Grant’s position up to this time, as farasI ave been able to understand It, is, that the Exec- utive is simply to enforce the laws as passed by Congress and expounded by the Judiciary, acting upon the avowed eee shes the best ry get rid of a bad [aw ts rigialy to enforce it. The reason of this principle in his action, perhaps, is, that the eviis of the law will be sooner seen and felt by she crucible of experience, when the people, by a change of their representatives, may effect the proper remedy at the ballot box. There is certainly nothing like Oesarism in this; Dut there is @ vast deal like consolidation and empire in the policy and principles upon which many of the very iniquitous laws he is rigidly en- forcing arqbased. I think GENERAL GRANT UTTERLY DEMOLISHED MR. TRUM- BULL'S ARRAIGNMENT of him in New York, at the opening of the canvass, im one sentence. As the matter was related to me, some friend, feeling greatly aggrieved at Mr. Trum- bull’s denunciations, went to General Grant, sup- posing he, too, would be somewhat incensed at it: Dut, with that imperturbable temper so character- istic of bim, he replied:—“I don’t: know what Mr. Trumbull finds so much fault with me for; I nave done nothing but execute his own laws!” This covers the whole ground. The free institu- tions of this country can much better be main- tained by changes in the members of the House and the Senate than by any limitation upon the term of the Executive office, Usurpation of pewer by the Executive in interfering in any way with the legisiative or judicial departments is what marks and distinguishes the Cesar, and not the number of terms to which he may be elected. What the people of this country should now most closely watch and guard against is the sanction of usurpa- tion in any department ofthe government, either in the execative, legislative or judiciary. NO NECESSITY TO AMEND THE CONSTITUTION. RePorteR—Bat do you not think the example of Washington and Jeflerson and Madwon and Jack- son and others ought to be respected and followed by all persons who attain the exalted Rar or esident? Don’t you think eight years long enough for one man to hold that office, and would it not, in your judgment, be well to amend the con- stitution so as to prohibit any man from occupying the Presidential chair more than two terms? Mr. SrgPHENs—Your question is & long one, and presents several distinct points, to answer each of which fully would require something of an exposi- tion of the nature and objects of the government, with a considerable detail of historical facts. I will, however, say briefly in reply to all of them together, that I do not think there {s any necessity for an amendment to the constitution go as to pro- hibit any man from occupying the office of Presi- dent more than two terms. ‘he constitution. is good enough as itis in this respect. No imminent danger lies in that quarter, The liberties of this country do not depend upon who governs or how long; but how they govern. Ossarism, as I said, does not consist in the length of time that the Chief Executive may hold office, but in the manner in which he discharges the duties of it. The con- stitution wisely Nmita the term, so that any incumbent sball be responsible to the Ool- leges of Electors of the States every four years, a8 members of the Mouse of Repre- sentatives are to their proper electors every two years and Senators to theirs every six Tne same principle applies to all these, Ido not regard the example of Washington and the earlier Presidents in this respect as having ‘TRsaeA) ease eLROr of long as the experiment is tried. Thus ended our conversation, which was pleas- ant, Mr, Stephens most of the time sitting on @ chair, but @ portion of the time reclining upon the bed in hisroom. His voice and lung power still retain their ancient clear, ringing penetration, and he has the burning eloquence of yore, With thanks I took my leave, and, as I retired, found nearly a dozen prominent gentlemen waiting to pay their respecta. CK ON TREASURY LOGIC. MB RRS aes yoy To Tug EpIToR OF THE HERALD:— In your issue of last Wednesday I read a letter written by Treasurer Spinner, which contains this paragraph:— 5 More thi mn years 2 urged, by lott written and otherwise, tie snactment of & law compel: ling the resamption of specie payments on a dav in the future, to be fixed say three years trom tho passage of ch dct; and T sill think tls fo bo the safest and the A. FSSA OT leienimabsbetes ‘rhus says the Treasurer, who, in his own estima- tion, if notin that of the country, is high, if not conclusive, authority upon financial measures, Being within the National Treasury and covered all over with bonds, greenbacks, bank notes and fractional currency, who should know as much as he on the subject: of which these are the constitu- ent partsy In the words of Ben Jonson, “He that drives fat oxen should himself be fat." But our Treasurer, after much writing, comes to this “lame and impotent conclusion:"—He says, “Resumption will be put off until the balance of trade shall be in our favor.” ‘It will thus come of its own accord.” Here are two opposing positions. The first assumes that the price of gold is controlled by the volume of eid or money of our country. The other, that when the balance of foreign trade shall be in our iavor the carrency will be made equal to gold by that result. We may say to our Treasurer, “Under which King,” &c. We take it, however, that the last paragraph contains the most maturé opinion. If tt beso then we shall be in happy accord with hint; But allow us to ask, How is it possible to recon- elle these positions? How can “a law compel specie payments" if the specie ts all carried away by the -balance of foreign trade against us? He says it 1s the balance of trade that prevents re- sumption. He also says that he is anxious to batey country back to specie payments, How, by his owing, can this bedone? Why, 7 pay: lebdts [a Burope.. This is a piain and full iswer. Then, he says, specte payment will come ap! of ‘its own accord. ries been doing for eight y: be partion eas Baran ns our people 01 v i ‘epiy j—"" ¢ of pagnces Nae eactiat} trddace. WH ‘Bot go interest-beartng bonds—and we have encourages in every way In our power, the sale of rail bonds and every other kind of interest- ey secarity, until we Dave so far carried our plan ‘specie payment’ into effect that there is now in Europe af amount of interest-bearing securities that pequites @n qnDnal remittance to that coun- of more than 000,000" in gold or its equiv- ent. This is @ true and easity understood ai We Meir hear te mem soon on Aas arrive at an equilibri rade stponin; yment aad increasing the devi? nis is ofr ny and boasted system of finance! And this Treasurer dares to practise upon your credulity, and amid a wilderness of words tells you so. Our debt in Europe is constantly increasi: by the sale of in- terest-bearing securities, and the possibility of a return to specie par has been Teceding gr: beng but surely, during the last eight years, and now Gj is 80 far in the future that our children will not live to gee it. the enormous sum of $350,000,000 of interes: pie pal Europe, added to Sur ential im} oats, ‘will swell the amount to $700,000,000 or $800,000,000, which sum may increase for many years, These are serious and unquestioned facts, and we should understand that all who tulk to us from high laces about a return to specie payments within wenty years do it from ignorance of law or facta Ww, What have our Secreta ast to pay our debts or from @ desire to deceive us, ‘We have much to say on this subject. You are aware we have for the last eleven years claimed that the balance or demand for gold, in foreign trade, controlled its price overt, and the country now shows 6 acquiescing in this opinion. The next wish to present to our people is the law that will enable as to Make a sure prophecy of our condi- on in the near fature, and in spite of appearan juck from the nettle dan; dower oarety.” want attention of the a blid to our next |THE COURTS. |= THE ITALIAN CHILDREN KIDNAPPING No New Testimony Offered on the Part of the Prosecution—Discharge of the Pa- drone and the Boys Oonsigned to the Oustody of the Oommis- sioners of Oharities. LEVYING ON CITY PROPERTY Bill of Costs of the Sheriff in Judge Fowler's Seizure Case—Important Decision by Judge Daniels. BUSINESS IN THE OTHER COURTS. Alleged Malicious Prosecution by a Police Justice—A Mixed-Up Divorce Suit— Caution to Police Magistrates— The Power of the Board Re ee er are ee of Supervisors. When the further hearing of the charge against Vincenzo Motto, 45 Crosby street, of having kept an Italian boy, Joseph, in involuntary bondage and cruelly treated him, was resumed yesterday, be- fore Commissioner Osborn, counsel for the gov- ernment announced that they had no new evidence to offer in support ofthe prosecution, The Com- missioner honorably discharged Motto, stating that there was no evidence to sustain Joseph’s statement. Joseph and two other little Italian boys will for the present be sent tothe House of Charity and Correction. The former expresses a desire to remain in this country, and the latter, in all probability, will be sent back to Italy. Some time since, in the case of Bowen vs. Chase, known as the Jumel suit, notice was given by counsel for defendant to counsel for plaintif that &n application would be made, on the part of the defendant, before Judge Blatchford, for an extra allowance of five per cent in the way of costs. This motion was to have come on yesterday, but, at the request of plaintiff's counsel, it went over till to- day. Not long since two men appeared at the Grand Hotel and arrested a young man named Parker, charging him with being a deserter from the United States Navy. Tney showed what they said were badges of United States Deputy Marshals, and presented to him what purported to be a war- rant, signed by a Commissioner. Having brought Parker some distance from the hotel they told him he could settle the affair by paying a sum of money. Parker returned to the hotel, where he obtained from his sister-in-law a check for $200. He drew this amount, paid it to the parties, and Was thereupon discharged. It subsequently tran- spired that no warrant for the apprehension of Parker had been issued by any United States Com- missioner, and that the persons engaged in this obviously black-mailing transaction were not in any manner connected with the Marshal’s office. One John Roe has been taken up for participation in this matter. Judge Sedgwick, hoiding Special Term of the Su- perlor Court, was further entertained yesterday by Ustening to the long-drawn arguments of counsel on the motion to enjoin certain gentlemen from calling themselves the First saptist Church of Har- lem, and from interfering with any of its property. Judge Sedgwick seemed to be in doubt as to what injury could occur to the cause of religion or to the plaintits by the existence of two energetic associa- tions devoted to the same cause calling them- selves the same name, and asked whether it would be any advantage to the plaintiffs to have another Baptist church in the city of New York. As to the property of the corporation, that being in the possession of trustees, he did not see what equitable relief could be given. If the de- fendants interfered with the property of the church unlawiully there was the usual remedy. At pres- ent he did not sae what he had to p.ss on; but he, however, would examine into the matter before giving a final dectwion. Judge Daniels, holding Supreme Conrt, Cham. bers, rendered yesterday, as will be seen by a re- port elsewhere, a decision disallowing the bill of costs presented by the Sheriff for watching certain city property, including the pictures in the Gover- nor’s Room, seized by the Sheriffon the suit of Judge Fowler. Pretty strong and positive as well as novel ground is taken by Judge Daniols, he holding that, as the property levied upon is held in trust for the uses of the city, the seizure was illegal, Application was. pie Tete before Ju Daniels, in Supreme Court, Bente ‘to admit to bail Charles Clark, charged with the theft of a dog, as heretofore reported in the HERALD, Time was asked to procure further evidence, and the case was adjourned till next Saturday. THE ITALIAN KIDNAPPING CASE. The Government Offer No New Testi- mony—Motto Discharged—Joseph and Two Other Italian Boys Sent to the House of Correction and Charity, The further hearing of the case of Vincenzo Motto, No. 45 Crosby street, who is charged with having, contrary to the provisions of the Civil Rights act, kept an Itallan boy, Joseph, in involun- tary servitude and treated him cruelly, was re- sumed yeaterday in the United States Circuit Court room before Commissioner Osborn. Mr. A. H. Purdy, United States Assistant District Attorney, and Mr. J.N, Lowis appeared for the prosecution, and Mr. Ansbacher for tne defence, At about half-past twelve o'clock the Commis. sioner took his place on the bench, and called the case of the United States vs. Vincenzo Motto, THE GOVERNMENT GIVES UP THE CASR. Mr. A. H. Pardy said that at the close of the session yesterday they applied for an adjournment in order that they might have an opportunity, if possible, to throw some light on the conflict of tes- timony in this case, Since that time they had made their best efforts to bring witnesses, or be in & condition in some way to explain this matter, but they had failed. It was not his province to pass upon the evidence. He apprehended that the Commissioner would look upon the evidence ina legal point of view, and, looking at it in that point of view, he (Mr. Purdy) Was not in a position to say that the evidence for the government prepon- @erated over that for the defence. The defendant ‘was present with additional witnesses, The gov, ernment could not produce any witnesses now, and he was not in @ position to say when they could doso. All he could do now was to leave the case in the hands of the Commissioner to dispose he thoug ht proper, The Commissioner—Is the defendant present? Mr. Ansbacher—Yes, The government having failed to produce further evidence—any new testi- mony—I move the discharge of the defendant. Commissioner Osborn—I have but one Cy! to discharge under the circumstances. I must look upon the charge set forth in the testimony of the boy Joseph as Oe & state of facts here which, {f true, would probably merit the comments the press have made upon the case. In the investi- tion of this charge nothing has been presented Ome in a reliabie manner on which I can piace im- licit confidence as to cruelty haying been prac- Risea towards this boy, Joseph, The statement of the boy has not been corroborated; and, taking the evidence as stanch it would seem that the defendant bas been persecuted, not prosecuted. The defence has made out a case of mistaken identity. The tes- timony Of the little boy and little girl nie) re terday settied the fact that this boy has @ father, and there is no evidence to show that the father has treated him cruelly. I must look at the case as presented on the evidence, wivmgas having my mind influenced tn any way what I may = ‘with regard to this bondage of Italian boys. defendant is honorably discharg Motto soon alter leit the co Sent Dack to staly, rom whence they naa peen. Kid: ithstanding the breaking down of pros. ecution Mr, J, atamis seoures the reporter that this will not deter the gentlemen who have taken in hand the exposure and denunciation of this vile direc towards ster supprengon of thir white ti the charge againee offect, an ie most undeubren aieen the “padront” to understand that the “omoats of every available opportunity," SRaTP sticks” on A DANIEL COME™TO JUDGMENT. The Sheriffs Bill of Costs tor Seizure of City Property—The Seizure Meclared Tllegal—No Costs Allowed. The facts, as developed tn the Courts, in connec- tion with the efforts made by Judge Fowler to obtain payment of a year’s ealsry, amounting to $10,000, from the Comptroller have already been fully given in the HERALD. In the first place, the Comptroller insisted that the civil Justices are en- titled to the payment of only $5,000 salary. Judge Quinn, the first of the civil Justices to move in the matter, claimed that they were entitled to twice this sum, pursuant to a resolution passed by the Board of Supervisors, and brought his cage into the Supreme Court for adjudication, and finally carried it to the Court of Appeals, where a decision was given in his favor. and upon this tn go 4 his S mired bis Kemah his ral ludge Fowler subm! I for Mike pay, bat the Con troller refused io sale Oh Vee ‘ound that the iIatter was - in- Ser ee ee cae. fo. pave. Decay, weeps for moi le, D- propriatod” curiae, 18 connection with the jurrogate’s office. Ji ae Fowler paid no attention to this alleged offset, but having got a judgment ainst the city had the Sheriff levy on and seize the ctures in the Governor’s room, In the pits fall, as also engine No. 1 aud the furni- ture in the Comptroller's office. ex. penses for this triple levy and seizure, the Sheriff ut in a bill amounting to $270. This bill wascon- ited by the Comptroller, and on @ motion to tax the bill and costs a hearing was had on Monda: before Judge Daniels, holding Supreme Cour Chambers, Judge Daniels gave yesterday a decision in the case. He held that the seizures of the engine and the fixtures in the Comptroller's office were illegal on the ground that they were for the use of the citizens at largo, the city being the trustee, As to the legality of the seizure of the pictures he ‘was not quite so sure. He held, however, that in all the cases the charges for private watchmen were not proper and could not be allowed. He ac- cordingly disallowed the whole bill. BUSINESS IN THE OTHER COURTS. UNITED STATES BISTRICT COURT. Judge Blatchford sat yesterday and called the bankruptcy calendar, .Upon the application of counsel most of the cases were set down for argu- ment in the month of September. CONDEMNATIONS. A quantity of bieck silk and black silk lace, thirty-six crates of crockery, marked “‘E. R. 0. & Co.,* and ninety dozen kid gloves, supposed to have been smaggled, were condemned by default. SUPREME COURT—CHAMBERS. A Police Justice Charged with Malicious Prosecution. Before Judge Daniels. At the last election William Horton, a colored Man, was appointed by United States Commis. sioner Davenport deputy marshal. According to the statement of his counsel in this Court yester- day, Horton in the discharge “of his duties arrested Justice Cox, Subsequently Justice Cox in the discharge of his duties committed Horton, and yesterday an application was made for his discharge. The counsel stated that the commit- Mments under which Horton is held are: first, for disorderly conduct, in default of $1,000 ball, dated ka on which Justice Cox endorses a direction to keep him for his full term; and, second, @ recommitment of him by Jus- tice Cox as an escaped convict. The certio- rari_to the original complaint sets out a charge by a police Officer of intoxication and gross and lusulting language “in said Court.” His coun- sel claimed for him that this return was wholly insufficient. It merely showed, he alleged, ‘a charge and conviction without a trial, and in con- nection with the large bail and the peculiar en- dorseiment on the commitment, a pecullar exhi- bition of spite on the part of Justice Cox. As for the second commitment, the prisoner was not a convict unless he had committed some crime other than the former offence, and no such thing did or could appear. The original commitment was not for conteinpt, and therefore there was no term for which he could be held and no right of the Court to act on his own knowledge without proof. Assistant District Attorney Allen maintained that the commitment was regular in form and sufilcient, and that the presumption was that the proof sustained the charge made. If the first commitment was properly made the second was of course proper. Judge Daniels took the papers, reserving his de- cision. A Rather Complicated Divorce Suit. In 1857 Levi A. Lincoln and Abby Lincoln were married in Providence, R. L, and till 1864 lived together ag man and wife. In the latter year, as alleged, Mr. Lincoln, who was then keeping the Tontine Hotel, formed the acquaintance of Marga- ret Leary, and, abandoning his ¥! or her, lived Fra pe os fgs4 ‘Wile. Subsequently he in the Superior Uourt to Annul his marriage with Abby Lincoln on the ground that she had been previously mar- ried to William H, Read, of Providence. The case was sent to a referee, AL mph in favor of annulling the marris this report a decree of divorce was gran| favor, Upon this a motion was made vefore Judge Monell to set aside the decree on the ground that when Mrs. Lincoln was married to Mr. Reea he had @ wile living, and that as soon as she ascertained the fact she left him. The case was ordered to be retired and an order made airecting payment of $10 alimony a week and $500 counsel fees, The case came up yesterday in this Court on a motion to vacate the order. It was alleged that Mr. Lin- colin had lost his property and was now earning ped ee wing poe ni He eh gg of sing counsel, Mr. V. Wr in for Mra. Tikeoln and Messrs. Post and Poor fr a, Lincoln, the Court modified the order so that he pays $6 a week alimony, with leave to renew the motion to decrease the same. Police Magistrates Mast Not Act Upon Too General Evidence. Bejore Judge Davis. ¢ In the cage of Elias Levy, committed to the Peni- tentiary for vagrancy, and in whose behalf Mr. William F, Howe sued out writs of habeas corpus and certiorari, Judge Davia @endered a decision yesterday releasing the pi er. Mr. Howe's points were that the Police Justice who sentenced vy accepted testimony to the effect that the prisoner was @ ngtorious gambler and sn idle, dissolute person, having no visible means of su port, and that the evidence was too general with: out mentioning any specific acts; and in an elabo- rate argument he quoted many authorities t port the points thus raised. The Court so h and accordingly Levy was released, COURT OF COMMON PLEAS—SPECIAL TERM. Bills as Audited by the Board of Super- visors. Before Judge Robinson. Application was made yesterday in this Court by ex-Mayor A, Oakey ll for @ peremptory man- damus against the Coffiptrolier, directing him to pay $6,927, the claim of Martin B, Brown for sta- tonery furnished the county. Mr. Hall stated that On its presentation, with the proper vouchers, to tne Comptroller he had it reaudited by, the County Auditor, and refused to pay it except with the de- duction of one item amounting to $390, and deduc- tions on three other items amounting together to ot 23; in be deductions of 93, He insisted hat the Comptroller should pay the whole amount as audited by the rviso: claiming that ditors and aime county, having judicial /wnctions’ in t regard; that these in this county were their only functions except the appointment of one or two minor officers, and that if their judgment was % go for naught they were entirely superfuous. ~.... Mr. Dean, on behalf of the Compcroller, urged that under recent statutes, though the action of tho Supervisors was nece: ry, the Count, Auditor's rignt to review their decision was well established by decisions in the Courts. Judge Robinson tnquired whether these decisions ‘went farther than to allow the Auditor to correct patent errors en the vouchers. Mr. Dean claimed they went so far as to permit yon Nae an original investigation by the County or. The Court, after hearing the argument, reserved its decision. Te: bn SUPERIOR COURT—SPECIAL TERM. Decisions. Derutle va, Burke Prout of service of summons bi alah ei cs tugh ye Bolgos,—MOMOD GFRAIEd Without and on ed in his costs of motion, unless defenaans witoin Eagle recta h vB. — ted; gpeding, om judgment to be stayed five days. kao. Hotaling vs. Buckingham, Jr.—Motion to vacate, &c., denied, without costs, MoCabe vs. The Mayor, &c., of New York.—Order of reference, By Judge Freedman, Reade et al. vs. Waterhouse et al.—Order deny. ing mdtion, with $10 costs, to Albert Smith, SEFFERSON MARKET POLICE COURT. Capture of a Hotel Thief. Yesterday morning @ young man named Tolbert Palmer, who refused to give his residence, was dis covered in the New York Hotel, having in his pos: session @ lot of clothing, which he had collected from various rooms.. When observed by one of th employés he ran through the ball and jum) through a window, twenty feet from the ground, alighting unhurt, He then attempted to run Sate but was captured by Officer Slavin, of the Fifteenth tema and was taken before Justice Cox, at Jef- rson Market Police Court, who committed him ta answer, Grand Larceny. Edgard Godefrey, of 200 Thompson street, was charged with stealing a watch, valued at $60, from his roommate, Regis Senac. He admitted the theft and stated that he had hidden the stolen proper: under a rock in West Hoboken, whither sa Omoek ‘Was Sent in search of it. Some twenty-five pawa tickets were und in hts possession. was com, initted in default of $1,000 to answer at the General Burgiary. Edward Iceburg, who drives an ice cart, and ree sides at No. 641 West Thirtieth street, and hig friend, Terrence Hillen, of No. 618 West Twenty: seventh street, were captured by Omcer Henry, of a eee opie while conducting then ry lctously in the vicinity of the ree at an early hour renverday me io as Investigation showed that the piace had” been broken open in the rear and the cash drawer wrenched from its fastenings and carried off. The rege ee observed in their operations a itizen, who idend! tiee Tocked thom up to answers” Sd du ~ COURT CALENDARS—THIS DAY, SorrEMe Court CnAMBERS—Hold _ by Daniols.—Nos. 8, 62, 80, 107, 108, 109, uy wit iL, BROOKLYN COURTS. CITY court. The Alleged Maipractice Case. Before Judge Neilson, Ex-Judge Morris appeared before Judge Neilson in the Brooklyn City Court and argued a motion ta admit Dr. Alexander King to bail. The Doctor, who has an office in Amity street, New York, wad arrested a few days ago by Detectives Riggs and Williams ona warrant issued by the Coroner, in which he is accused by the jury of having bee! uilty of malpractice In the case of Ann Uarey, ‘ot fo, 16 Clinton avenue, Brooklyn, The deceased, be- fore she died, stated that she had visited the office of the Doctor. The Doctor emphatically demes that he ever feelers other than a legitimate bust- ness, and states that he never once saw or heard of deceased, and that he can bring forward over- whelming proof to establish his respectability. He regards the compliments tendered to Detectives Riggs and Williams, in the late circular issned by Aci Superintendent Folk, as preposterously ab: surd, inasmuch as he was almost always to be found at his office, in Fiftieth street, at any hour of the day or night, and hag never, as alleged, become a “fugitive from justice.” He has not changed the location of his office for a considerable time. Mr. Morris contended that there was no evidence to show that the Doctor had ever seen thé de- ceased. He was a respectable physician, could be found at any time, and it was an Outrage to arrest him and lock him up. Mr. Morris moved that he be discharged_on his own recognizance. Mr. Cullen, Assistant District Attorney, opposed this motion and held that there was sufficient evi- dence to warrant the arrest of the Doctor. ye e thought if he was liberated the ball should not less than $2,000, Judge Neilaon took the papers and reserved hia decision. THE BOARD OF EDUCATION. In accordance with a special call the Board of Education met yesterday afternoon at half-past three o'clock, in the hall at the corner of Grand and Elm streets. W. H. Neilson ocoupied the chair, and there did not seem to be any disposition among the members to discuss the religious ques- tion or the question of appropriations for corpo- rate schools. A quorum of fifteenmembers were present, just enongh to make awards of contracts in regard to the schools, but not enough to mank fest any interestin the ever present phantom of sectarianism. The members prosent, i¢ is curious to observe, were almost individually the same gen: tlemen who were present at the last special meet ing. Messrs, Halstead and Vermyle attended the meeting yesterday aud were absent at the preceding one. Andrew Matthewson, wh¢ attended the preceding meeting, was not present at yesterday's meeting. The reading of the min. utes was dispensed with. The Committee on Buildings reported in favor of appropriating $404 for the painting of Grammar Schools Nos. 35 and 47, and, on motion of Commissioner Pattei the report was referred to the Committee on Finance, with directions to report.at once, The Finance Committee later reported an ability to appropriate $400 for these schools, and the a] Fypriadon was tra Re £ © Finance Committee repor: variou! Joba bad fal to ie advertise, bas feat _ ba finally awarded :—For repitring buildings, 18,003) for airing heating apparatus, $3,177. “ Thig sum comes within the amount appropriated for these purposes. They jo recommend the appropriation and distribution of the following sums for the First, Second, Sixth, Tenth and Six- teenth wards, viz. :— - First ward—Grammar School WN ainting, Witham B. Mott, $2,750; ending, Soon Nees cond _ward—Primary School No, 8 repal David Ohratie, $400, heatin ert) emt, Sune Ae B ward—Cram: ‘ixth eS i irs, &e., H10; heating, Wik T’ Naat, stl, 4 and Primar: hools Nos, 2 ai Mott, $2714; heating, J. 0. He own, $212, ‘i Tenth ward—Grammar School No. Bosh turner, Sa Grammar Schoot Nec ky repaisd Bet iteniiracl Ta Grammar Sebool Ne: Bh 40 njai je 750. mmar School No, pairs, 40. J.B. Donvan, $793 Es The accompanying resolution appropriating the needed money was adopted. 64 2 The Finance Committee reported the ability of the Board to appropriate $1,950 for fitting up the new Primary School, No. 21, at Nos. 789 and 791 Third avenue, and recommend that the a) propria tion be adopted. This school was formerly a lage! beer garden, and had been reported as unsafa Commissioners did not object. The dear, delightful young ladies, pupils of thy Normal College, will be glad to hear that the com mittee ip charge of their affairs have taker com passion on their fine French kid shoes, and te accordance with the report made by them, th¢ Board of Education has granted an appropriation of $200 wherewith to plank the sidewalk from where the flags terminate on East Sixty-nints street to the Normai College. A communication from the Trustees of the Six. teenth ward, asking, as it is impossible to com: lete the needed repairs on Grammar School 45 in Fime for the opening of next session, that they be omitted, but that ¢200 be appropriated for abso. lutely necessary repairs to that school and $200 for a very needful coat of paint to Grammar School No. 11, Referred to the Committee of Butldings. At @ previous meeting of the Board Commis sioner Patterson stated to his colleagues that the ounger lads, paptls of the schools, had been in the habit of throwing ‘soft mortar’’ on the walls. A great curiosity is manifested by persons inter. ested in school matters to know who will be ap pointed by Mayor Havemeyer to fill the vacancy created by the deatn of James wk Jr. Mr, Cushing, during his connection with the Bi was known to be the most pronounced advocate o! the retention of the Bible in the public schools, and was the leaderof that part of the Board of Educa tion who were op} to the establishment o/ Roman Catholic parochial schools in this city. RAILROAD SLAUGHTERS—SENSIBLE IDEAS ON THE SUBJEOT. New York, Augast 25, 1873, To THE EDITOR OF THE HERALD:— Reading so very frequently in your valuable paper the accounts of those terrible railroad acct dents arising from collisions and running over ob structions on the track, I am tempted to ask out! wealthy, soulless corporations, through the me dium of the HeRaLy, why they do not adopt the English plan of placing ‘“‘mitesmen” on their roads, and thereby prevent a majority of those accidenta socommon now. The expense would be trifling in comparison to the security reliable men 60 placed would afford. They would prevent those haman wolves from tampering with the track or switchos, supply and secure spikes, keep any cattle or other obstrac. tions off, and promptly notify the different trains of any nocident to the roadbed by reason of ‘wash: outs” or “land slides,” in time to prevent the fa. Se ree tae ee ae nO road, wi ogni ned, and none having & fence of wire their whole te: will Haauo—I am, air. respect Ohl: BOW SERLIOO, af will