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

Dpinions of Prominent Lawyers on the Question To Be Sub- mitted to the People. APPOINTMENT OR ELECTION. ‘The topic of the day in this State is the question, wshall judges be elected?” and which the people past decide by @ vote at the election next week in peference to the proposed amendments to the con- ‘titution, which vote will either resultin e ratif- yation of thé amendments of the Constitutional Bonvention of 1846 or a return to the former system sfappointment of judges by. the Governor of the (Wate, With » desire to give to the readers of the MEZRALD the opinions of prominent lawyers whose ‘egal career ia contemporaneous with the period when this change was made, and whose dispas- flonate judgment on the result of the elective sya- fom would be useful probably in deciding the vote Mf the electors, our.reporters have been desired to and converse with several of these representa- lawyers, and their opinions on this subject are appended below. What Mr. James W. Gerard Says. Mr. James W. Gerard belongs to the old school 1 New York lawyers, and of course all the in- #incts and predilections of this old school find in tim conspicuoas, not to say pertinacious, develop- ment. Retired from practice for many years—and @w members of the Bar in this city have with- srawn from the stirring activities of a long profes- onal career more highly respected and signally jonored—he has, nevertheless, been ceaselessly wservant of everything transpiring in the great vater busy world about him; and while there is no me in New York who has a more intimate know- edge of the current events of the day, there is yertainly no one possessing a richer fund of in- ermation regarding the history of New York for he past fifty years, and particularly of the events yonnected with its legal and judicial history. Knowing these facts, a representative of the QgRaLD was duly commissioned to call on Mr. #erard, at bis residence in Gramercy place, He vas at home, “Your name and the great paper yourepresent,”” mid the venerable ex-barrister, extending his sand with his. wonted cordiality, ‘is an ‘open same’ fot tobe resisted; but the present state ‘f my health reluctantly enforces on me seeing very few visitors, 1 ama great sufferer from rheu- matism—no common rheumatism, that philosoph- cal stoicism might snap its fingers at, but internal ‘heumatism, so much more exhaustive of patience, mdurance and the vital energies. But no matter about this—what can J do for you?” “I have come to interview you!— “Interview me!’ he interrupted, and his eyes “sow lighted up with their old look of geniality; “I am afraid I am a poor subject for interviewing.” “appreciating your kindness in seeing me, and ut of consideration for your health, I will make we interview short””—— “And kindly save me from that dread{ul doom— being talked to death,” again interrupted Mr. Berard, with something of his old smile lighting up iis features, ‘The HERALD desires to ascertain your views, vith a view to communicating the same to its any, readers, upon the question now agitating ihe public mind—whether judges should be elected wr appointed,” “As to this question,’ replied Mr. Gerard, speak- Dg quickly and with warmth, “the whole matter ies in a nutshell. Gity judges should be appointed; wuntry judges elected.” “Why do you make this distinction?” “In the country everybody knows everybody, In he city nobody knows nobody. In other words, he country folks know all about the judicial candi- jates—their antecedent history, their trustworthi- Jess and moral fitness. Legal acquirements aro mportant, of course; but, after all, it is better to ‘ave more morality and less law than more law ma less morality. In the country, under the Yective system, there are as good, pure, upright jad capable jadges as under the old system of ap- wintments.” “go then you would have an elective judiciary vr the country *” “I mean that good judges are obtained there mder the elective system; but this is not necessa- fly a bar to going back to the old appointing sys- em, Just as good men would be as likely to be pppointed, but I insist that here in New York the ctive system should be abolished. Corrupt, im- yure and totaliy unfit men are here raised to judi- tial positions. The whole thing is managed by yolitical caucuses, The man who pays the most money gets the nomination, and he is put forward ey oe and rammed down the people’s a “Ig there not likely to be gubernatorial caucus- ng in the matter of these appointments ?” eared more or less; but the fundamental yoint is to have an honest Governor.” “How about an honest Senate—the confirming yower f’ “The people must look to this too, and elect sonest men to the State Senate. The whole respon- ibinty, after all, rests with the people.” *tAre not the shortness of terms and frequency of irae the great drawbacks to the elective sys- “Certainly; when elective I would make the rms longer and the appointments during good vehavior or life.”” “Why did the Convention of 1846 change the sys- 2em to elective?” “Political wire-pulling was at the bottom of it. jeyree it vehemently and foresaw the evil re- fuits that would follow. We have had many good adges on the New York Bench since and many goor ones, Asa class they are not the judges of @e olden time.” * Gon pe have deteriorated, then 7” “Scalawage get on the Bench now. They didn’t ase to. Judges, moreover, are now—some, at @ast—advocates for their re-election, and when me is looking after popular favor he is not apt to told very steadily the scales of Justice. I might alk much longer, but Ihave given you my views n brief, which, I fear, you will find very crude and mmsatisfactory. Some other time I may be able to alk to you at greater length. At this remark, suggestive of weariness on the rt of Mr. Gerard, we thanked him for his cour- sy, bade him good day and withdrew, leaving to some future day, when his health is restored, the fecord of the epigrammatic sparkle, caustic criti- sme and charming anecdotes of olden times and iden characters, with which his conversations are Aways enlivened. What Charlies O’Conor Says. Mr. Chaftes O'Conor was called upon by a re- vorter of the HERALD In reference to this question, uid, inasmuch as he was @ member of the Consti- ational Convention of 1846, he was able to give ome information of a legal and historic character hat will be found usefulin tne present discussion, Mr, O’Conor, in reply to an inquiry of the re- sorter, said that he never had any other opinion in that the judges should be appointed. is that consistent with democratic principles, O'Conor 1”? Yes, itis. Ithink that the democrats who be- feve otherwise are both scientifically and his- wrically wrong. It is not democratic to elect for wy other office than those of the chief executive id legislative bodies, The idea of a democracy ould be and Is that of a representative democ- acy. It is not the intention of democracy that tshould bring to the people every office, for tt © exercise its voice upon, but rather that it fhould Na no to some one who has been chosen py people and who is the representative of ie people the power of a galt batts The prin- iple of representation ts the true democratic prin- dple, and the history of democracy supports this ew. Mr. O’Conor, that the Con- “Why was it, then, ‘ention of 1846, of which you ‘were @ member, is direction y’? snguded She comsticution in “1 was © minority in that Convention. mportant to know the facts in connection wisn hat Convention to form a proper judgment of the uses that led to these amendments, I don't re- eee ae ato, ee and {t ts not worth 1 for at forth on the vooks.” Bote a a@ember, that was a foregone con- -duaion in the Convention that these amendments (to the election of the Judges would be yatried. There was little if any debate about it in Carts. The republicans, as they are now wh, were very greedy for oMece, They had @en out a good many mr, and there were somo lemecrats who were crotchety al ‘pure demo- racy’ and believed that everythi ald he people, The men were honest enough, bey were mistaken. Well, the republicans got 101d of these demoerats, and we wore shown a fist names that would vote for the amendments and re.came to the conclusion that the amendments you'd be carried in convention. They certainly vere not carried on the strength of the advocac; wf theh’ merits, It was more a matter of political dialcey than anything else. "Sat tik people coniirined the amendments, Mr, »Conor.” A SWolk thoy did,.put not in the cities or ju the NEW° YORK HERALD, ‘TUESDAY, OCTOBER Outside ot The fact was, an: now, as you the Feports ‘of ‘the pro- ention, the people were very ‘the question either way.’’ he merits of the question, Mr. O’Conor, bong yee — io eee ie eee danger 3 @ righ! peo} a rnatorial canc' a8 in & caucus in pvnich Judtelary candidates are nominated?’ “The nomination of @ Governor is somewhat dif. ferent from thetof any other executive ot 2 ‘The selection is necessarily trom a higher of men, When nominated and elected he has a Tesponsibility and 9 higher sense of dui er ether members of the State government executive 0 but who are, neve j more independedt of the ‘sodkdent of ipaiea te ne } meed not be so sul to the ‘rolers of | BEY, as the more minor iticlan, Besides, with is increased powers of ‘tment, the respon- of on eee electing @ good man for “The a] power, in this direction, has at Tae Lave, vo, ee wd "Yes; EY Good too, ave ser ansiel. But the bist of the appointments ts, 1 the |. But the real point is not even: 4 “Well, there are sbout lawyers in New York Stale. “Out of that oumber 1 should tuink you would find men qualified to sit on the Bench when- ever vacancies Occur. think the present system ‘Well calculated to improve the character of the Bar. But of course tt beg vik and, you can count the eminent law- “ey a it Pd ‘ ere OD “How long W. you have the term of office of, the judges, Mr. O’Conor, if inted 7”? “For lie, or virtually so, as in of course, to the teen remedi “Do you think tht people will giv the change ?”” tg Lia “That is very douotfal. Isee Tammany has pro- nounced agair , I , Bole Of the other politica' ‘ranizations. If there is ee ao Diflcance in .u.t, it does not look, ag though the Constitation would be amended,' After a hort conversation on the rise, fall and decline of the municipal reform movement, the re- porter witadrew. What Judge Bosworth Says. Judge Bosworth was found at his office in Nas- sau street, and his opinion was sought on the ques- tion of the present time in this State—“Should Judges be elected?” “As to that,’ said the Judge, “I think that George W. Curtis has, in @ letter in a morning newspaper, answered the question more suc- gaaotly and clearly than I have seen anywhere 2. The Judge handed an extract trom that letter to |’ the reporter. “This is in favor of appointment, I see ; and, there- fore, I presume, Judge, you favor a) polntments “Ido. Iam one of those who think that the con- stitution in that respect ought not to have. been changed. I was not a member of the convention, but I was in the Assembly previously, and know something of the causes that led to these amend- ments of the constitution, It was mainly the “barn burners” and the ‘“‘anti-rent’ people, who seemed to think that if they could elect the judges they: would have a better chance for the carrying out of their political ideas.” “Was this result obtained, Juage?”” “The Judges elected in the country districts were fair men and were good judges, but they dia not carry their “barn burning” notions on to the bench. They decided according to law, and not reap to apy partizan notions they may have preferred,’* “How were the elections for judges after that popular excitement died away—did the charactor Of the judges keep up!’ “The result afterwards was as it has al been—that the character and capabilities of the judge elected was dependent upon the character of the caucus of the time being.” “You don’t de away with the caucus, though, Judge, for it comes in in the nomination for Gov- ernor, there being such @ thing as a gubernatorial caucus. “That is 80; but, despite of that, we have had for the most part good Governors, When the politi- clans set about making a ticket there are always combinations, bargains and sales to be taken into account, and in that process some men are nominated for expediency and not for fitness, That is not so when the Governor has the he adept I can recall sev- eral instances that have come under my own per- dge, which 1 it. proper eu seodo) where’ Governors of Yhis State ave put aside the claims of their own political friends, who were largely in a majority, in the recommendation of a candidate, and have nomi- nated oHier pen who, the, were satisoed, had her and betrer qualiffcati a! ‘Then you thank thére is advantage in narrow- nee responsibility of the appointment?” “Certainly ; the sti of a bad appointment re- mains with a Governor, and not with those who pressed the nomination upon him. Indeed, as fer as the political pressure is concerned, { have noticed that a Too, appointment covers up all dis- phpointment and the Governor does not lose any iriends, It is to a Governor's interest every ay, to make good appointments rather than litical promotions, think @ man like jovernor Dix would say, as I once heard a demo- cratic Governor say to a deputation who waited upon him pressing a nomination, “If you can’t find a better man than that] will appoint a respect- able whig, ifI can find one.” “Do you think, Judge, that the social and intel- lectuai character of the men at the Bar is deteri- orating, comparing your present experience of lawyers with your past one f’” “No; upon the whole I do not, I think great mischief has been wrought by the facilities which were given to inferior men to practice. That is remedied now, and we are already beginning to see the benefit’ of it in the profession. 1 think, 80 long as the test of character and Copel is kept pp, at oN in either respect need not feared. “Then as the result of our talk, Judge, I may ia na Ge as in iavor of the appointment of judges: *‘Emphatically so. I never had any other judg- ment. I know very eminent lawyers who, in 1846 and since, held the other view, but they have since told me that they were very sorry they advocated and brought about the election of judges,”” ‘What Mr. Murray Hoffman Says. Mr. Hoffman was found at his office in Wall street, and was very decisive in his views on this question. “Mr. Hoffman,” said the reporter, ‘I have called to ask you what you think o/ this question of elect- the judges.” w A Utterly opposed to it, and have always ant would return to the old system of appoint- en! “Certainly. It is the only way to ensure are- spectabie Bench. I have never had a moment's doubt about it. I think you have only to look at the effect of it to see this.” einem better judges by appointment, you “There is no doubt about it; the history of the Bench proves it. Barnard and Cardozo were elected by the people.” “01 to be elected.” PP i that is so; supposed to be elected. Ap- nt would prevent any doubts on that e pointm: score.” ‘What Mr. Azariah C. Flagg Says. Mr. Flagg, an ex-Comptroller of the State, of the city and county, and whose name is held in hon- ored remembrance by the older citizens, has passed from the sere and yellow leaf to the winter of old age, and ts very feeble, but brightens up at the recalling of olden times, and evidently enjoys having a listener before whom his political battles over again. ey In a long conversation with a reporter of the HERALD Mr. Flagg reviewed the political history of the State, and the building of the canals, trom the tine of the formation of the Albany Regency. Mr. Flagg is very positive that the change in the con- stitution as to the election of judges was brought about by the necessity of politics, and that no one ever thought at the time that it was expedient or thatthe departure from the Sopantncns by the Governor to that of election by th ople was a wise departure from the time-honored custom. He strongly supports the appointment. BAD FATE OF AN ARTIST, The body of the man drowned in the river foot of North Second street, Williamsburg, on Sunday eveningtast, was identified yesterday as that of Edward Von Duddenhausen, & landscape and fresco painter, residing at No. 804 East Thirty-thira street, this city. The deceased, in company with Mr. Charles Hoffman, of No, 103 Charles street, spent Sunday afternoon with some convivial frtends in Williamsburg, and when they started for their homes in the evening both were consid- erably under the influence of stimulants, Before they reached the Grand street jerry they became separated, Mr, Hoffman managing to reach his home in safety, while Mr. Von Duddenhausen strayed to the North Second street dock. He was seen there between seven and sight o'clock by a nightwatchman, whe ke to him but received no answer, A few mini afterward the watchman heard him struggling in the water, and with the assistance of the or of & canal boat brought him to the shore, one ‘he died in a short time, iis body was identified py Mr. Hoffman yesterday, Pe eae {hiventn will nold = tn pm’ cans e 0 fa charee ofthe remains , ; “THE GREAT BOND FORGERIES, Another Arrest—Andy Roberts’ “Messenger” “Abijeh” Lodged in Ludlow Street Jail— What “Old Man” Brown, “Lawyer” Johnson and Yates Have to Say—They Are All Innocent and Swear It. Fresh developments are coming to light day by day with reference to the magnitude of the recent bond forgeries and their ramifications, of which the HERALD has kept its readers constantly informed. . The criminal net is being hauled in constantly by Assistant District Attorney Allen, and among the latest “takes”? may be mentioned the following :-— “ AASB AT 95%.) OF aMDy ROBERTS! ‘‘MEBSSEN- On; Saturday evening, at @ late hour, Abijab ‘Richardson, one of Andy Roberts’ ‘‘messengers,”” or, not to’strain the nomenclature, assistant swindlers, was captured, and taken to Ludlow ;Street Jail, where he now is awaiting trial, In ad- ition to. his connection with Andy, the central figure in these forgery dases, he is now arrested on the following charge :— Some three years ago &. B, Bumster & Oo., now of No. 11 Barctay street; J.D. Hunt, W. A. Robin- son, with Andy’s man, Abijah, above alluded to, put themselves in communication with the Fuller- ton Cigar Manufacturing Company, of Joliet, IL, stating that they wanted to purchase a large quantity of first class brands of cigars, and giving the cigar company what purported to be first class feference, “The cigars to the extent of $13,000 wereshortly afterwards received in this city, but the money for payment was naturally wanted. All of the originators of the gift enterprise were arrested, except Richardson, who was the master- mind in the. matter, Nothing ever came of the case, and. alter atime Richardson returned to the scene of his labors, and became a general utility man for Andy Roberts.” It 1s reported that he has already ‘made important confessions implicating “his old friend, * THE GREAT BOND FORGER IN THE TOMBS, Numerous attempts were made at the Tombs yesterday, by the representatives of the metropoll- tan press, to interview Andy Roberts and Frank Gleason. In some cases the knights of the quill ‘were gruffly received, while to others the two men, who are caged together, refused to make any answer whatever. What they did say, occasionally, was, that the whole affair was a conspiracy, and ‘that they were innocent, By advice of counsel (ex-Recorder Smith, ex-Mayor Hall, and Mr. Howe) they refused to hold any prolonged intercourse on the subject. The noted Andy, however, stgutly denies his guilt. INTERVIEW WITH “ANDY ROBERTS,)? Several weeks back @ car 6 drove up to the door of the HERALD at nine o’clock one evening, and @ messenger came up stairs and requested that a reporter would come and see Mr, Andy Roberts at his private residence, as he had some- thing that he wished to communicate. Sticking his revolver into his pistol pocket, the reporter followed the messenger, and a few ites later found himself in the carriage in his company. Twenty minutes later the were at the and: some brown stone freht residence of Mr. Johnson, at No. 206 West Twenty-first street. Robei to the door and scariest wel his visitors. The pa then proceeded into a ificently ni! wing room, where ov‘ jandsome marble mantel piece floated in lean Waves & Mermaid, rejoicing in a wondrous wei of hair, alabaster shoulders and pensive blue ey‘ Rob- erta seated himself in ‘a. chair, while his ‘visitors obeyed his invitation to be seated on the sofa, The caucus then commenced by the messenger saying in an endearing tone, ‘Now, won’t you tell Andy where the HERALD got its information from aS him in the bond forgery cases 1? “Newspaper articles are privileged, as you know,’? replied the reporter, “Ihe Hi be attacked in the courts for libel if it defames anybody's character, and Mr, Roberts has his remedy there,”” Mr. Rosgrts—You will admit, Mr. Reporter, that the publication of such articles 1s pretty rough on me, and they are not agreeable to a man, the more 80 as they are void of truth. Some of ‘the state- ments made respecting my career are wretched exaggerations, hfe has not been blameless, I dare say; but 1 don’t believe it right to persecute a man unjustly, andilam sure the HERALD would not sanction any such proceedings. KNEW NOTHING ABOUT THE FORGED BONDS. “as God ia my judge,” continued Andy, with emphasis, “I know no more than the child unborn bey these bonds that and wri Un Jn commotion Wit many ovner as being i uP ated in the matter. RxEPORTER—Do you wish any correction made, Mr. Roberts, in the HERALD? Mr, RopeRTs—There is no good saying anything more pes it now-—it would only stir the matter up agatn. Fen TER—Well, you know best; the HgRaLp never willingly injures anybody. ‘The conversation then turned upon the treach- ery, as alleged by Mr. Rove ofa certain pris- oner at Boston, whom he had ended while in jail in Boston, by going his bail, and his wife now 1m return accused him 9f stealin, oney she had entrusted to him, Whenever 4 lull in thé con- ‘sation occurred, the messenger would say, “You see Andy is not a bad chap after all that the HERALD said; now tell him how to find out who gave the HERALD its points as to his being con- nected with the job.” Roberts was very courteous, and never once out- stepped the limits of good breeding in his desire to find out the HeraLy’s informant; and thus the in- terview terminated. INTERVIEW WITH JOHNSTONE IN THE TOMBS. A reporter paid.a visit to the Tombs recently to see “Old Brown” Johnstone, the alleged Williams- burg lawyer, and Yates, the former bookkeeper of the Lansingburg Brush Company. These two worthies were found together on the first tier, smoking very strong and ill smelling tobacco. The first individual who showed himself was Yates, who is a stout, plethoric individual, and as soon ag the HEgaLD man saw him he asked, in the most insinuating manner he could assume, if Mr. Yates would kindly tell him where he got the bogus bonds irom. This brought out the lion in Yates’ nature, who shouted out tothe full power of his lungs and maki the living Tombs re-echo with his voice, that he had no knowledge of any bogus bonds; that “Mr. HERALD” had called him a “cross man,” and that Mr. HERALD should be made to 8 ‘t for it, and that if he could find the — — — — who written him up when he got out of this infernal place, he likewise would get more than he bargained for. RePoRTER—Shall I ask the editor to contradict what it published about your alleged evil deeds, and say that it is all false, amd that you are an honorable man and ought not to be locked up here? YaTEs (moderating his tone and ering to look as much like injured innocence as posaib! eng I think enough has been said; perhaps there is no good correcting it, The reporter then bade him good day. INTERVIEW WITH “OLD BROWN’? Johnstone, who is @ monoptic for the time being, having his right eye closed by a green shade, sat Ve on the side of his bed, looking like one of Falstaf’s brigade, and smoking @ coal black dudeen. As the eddying clouds of smoke rolled upwards Johnstone looked at them with re- greatful gaze, time and anon, asif they were spirits taking their way heavenwards. Breaking into one of these reveries the reporter asked him it he could speak with him also for a minute. “I've nothing to say,” was the counsellor’s reply. “You see my eye!” “Yes,” answered the reporter, “| see it’s locality.”” “Well, the dampness of this place has brought this on me, and I can’t read any newspapers, 60 1 don’t know what's going on out- Bid is place.’’ REPORTER—Well Where did the bogus bonds come from? JonnsTone—I know nothing about them; Iam innocent and 1 want my tri: I can then prove I'm an injured man. At this stage in the proceed- ing Yates broke in, dropping his h’s all over the lace, and shouted out. ‘Yes, that’s what I want know—Where do the bogus bonds come from, I'd give $60 to know, for then we'd have a chance of getting out of this crib. God knows how y, months we may have to wait nere for our trial.”? Seeing that the men had no intention to give any information the reporter left them in their halo of smoke, and paid a visit to LEONARD BROWN, ALIAS “‘OLD BROWN.” This old gentleman was found in great tribulation, and, comers his three score and ten, the atmosphere of the Tombs may poner y ‘k Out for him the psalmist’s prediction. He declared that he was innocent of all attempt at fraud, and referred to Mr. Colgate, of Wall street. and nume- Tous other leading firms, as his references of respectability. The general belief ts that Mr. Brown is more sinned against than sinning. He looks very ill and perfectly heartbroken, THE SURVEY OF HAMPTON ROADS, Fortress MONROE, Oct. 25, 1873, The work of resounding Hampton Roads, the Elizabeth River and its estuaries, has been going on for the past six or eight months, under the direction of Captain Robert Platt, of the United States coast survey steamer Bibb, and was finally completed yesterday. The soundings show quite a change since the last survey, especially on Wil- Spit. The old chart gives six feet on all je the new one shows many places with hree and a half feet at mean tide. The sheet will be sent to Washington and the chart issued With as little delay as possible, The survey has been made with great care and by most experi- enced officers, The crossing of the Hampton Roads cable is placed upon it, and everything else that can be of interest to the mariner, The Bibb has been condemned and will be towed Up to Norfolk and go out of cominission. Her oMcers and crew will be transferred to another vessel and sail for the Tortugas in tee course of a month, where they wi! winter and spring fguthm, With ay Ueiie wou be engaged during the | HELL GATE. ° Major General Newton's Report of the Work of Removing the Obstructions in the East River During the Past Year. Wasuinaton, Oct. 26, 1873, The following is the annual report of General Newton, United States Engineer, in charge of the government works at Hell Gate, East River, New York, to General A, A, Humphreys, Chief of Engineers _— UNITED STATES ENGINEER OFFICE, New YORK, August 20, 1873. GENERAL—I have respectfully to furnish the annual report of operat for the removal of rock in the channel of East River and Hell Gate. ‘The operations at Hallett’s Point, Hell Gate, have rected by the driving forward of the tunnels and ries of that work. The foliowing tavie its the length of the various tunuels and to June 30, 1878:— Feet, No, Feet. 203.56 “2a. 8.40 186.76 2e . 30 199.93 194.58 61 191,25 5b. “ 24408 be. 50.25 230.58 6a, 177.68 213.92 124.10 221.19 Hs.89 198.55 lua. BG 147.57 100. 184.28 102.04 100, » 7815 14.97 Gaile: 2,154.0 Total . “ tees seen 5,834.00 THE PROGRESS MADE during the it year in driving forward the tun- nels and galleries was 2,731 lineal feet. The quan- tity of rock removed during this period was:—B; hammer drilling, 1,750 cubic Pig by the Burieig! drillg, 7,619 cubic yards, an by e two diamond ber which were at work daring July and part of 9,664 cal 185 cubic yards, The total removed was ie yards, The number of feet of holes drilled was:— By hammer drilii BY Burleigh drills. By diamond drills. Total or at the rate of ten lineal feet of holes one cubie yard of rock. The quantity of explosives used to blast this length of holes was 11,808 Ibs. of nitro-glycerine, 1,218 lbs. of mane powder and 3,445 lbs. Of black powder, divided into 28,692 cart- ridges4. ¢. e of one cartridge to four feet in length of hole. ‘The length of Buckford fuse expended was 94,150 feet. The average spend of the hi F drilling per of eight hotirs waa 5.4 feet, or at the rate of 2.7 feet for each man of the gang. The number of drills sharpened for hammer work was 34,529, and the loss by abrasion and Was 2,952 lbs. of English steel, or nearly three ounces per lineal foot of hole drilled, Each drill in hammer work made 0.46 feet forward before being sharpened. In hammer work 9.03 feet of hole and 0.9 pounds of nitro- glycenipe correspond to one cubic yard of rock lasted, But an aver . | THE COST OF ROOK REMOVED by this process is so muchin excess of the process by the Burleigh drill, that 1t has been restricted by my direction tothe lew cases in practice, wheD hammer work igindispensable. The Burleigh drilis have made forthe year an average, for each ma- chine, of 28 feet per shift of eight hours. Their speed has steadily increased by experience gained, and lor some mouthe aes may be reckoned at 36 feet perghift. The cost of removal by this method is much than by that of hammer work or by the use of the diamond drill. The joss of steel by abrasion and drilling was Mk or at the rate of 0.5% ounces per ine: it is proper to add, however, that the above deductions should be coniined to the localtty and rock egcountered at Hallett’s Pot. A differ- ence in the character of the rock and in the condi- tions of the problem might change the relative ex- cellence of the several modes employed, particu- larly as between the Burleigh and diamond drilis, Up to ioe i year terminating June 30, 1872, the ‘work hi i Carried on by hand drilling, though the intention to introduce, or at least to test the effect of, miachine drilling had always existed, Many causes of delay intervened. Among these were the and time required for the putting down the ap gee Tequired to drive the machine » and the real doubt that existed concerning economical application of machine drills to the confined headings at Hallett’s Point, and to the limited length of holes and minute charges which vere obliged to be adopted, WORKSHOPS. Add to these difficulties the fact that the dia- mond drill had not been used as a tunnelling drill, while the Burleigh drill had made but 18 or 19 feet of hole per shift, and required one drill in the shop ler repair for each one at work. The last fact indicated the necessity of expensive workshops for repairs, the cost of which it was ne- cessary to consider in the gencral problem. How- —<—- Spite me 8 80 caused, public advertise- g IY. Te71, and resulted, ae mente fh YBa in October, 1871, in the employment of the Burleigh to-ewt drills, by contract, to bore in the tunnels. At the same time a diamond drill was purchased—partly as an experiment—to work im _ opposition to the other drilla, Although the Burleigh drills were worked by the company, yet in June, 1872, the dimerence in progress between the two drills was not striking, and in some points was doubtful. Captain William H. Hener, corps of en- gineers, having been assigned to duty under me, I directed him, in my, 1872, to experiment with @ Burleigh drill, and the results were so advanta- geous that additional drilis were purchased, THE BURLEIGH pRiby has been gradually perfected during the last few years, and te this We owe the diminished amount due to repairs. To Captain Hener’s attentton to his duties and to the experienced managers of the drills we owe the tye Ree tye brogtess of this nore, ab Sah drill, which, us before stated, is now thirty feet per shift. I take this opportunity to men- tion Captain Hener’s careful —_superin- tendence of the works at Hallett’s Point and to express my obligations for the full and detailed statement Of the various operations at that place, which have proved the basis of this report. ring the past year a model of Hallett’s Point, authorize by the Hon, Secretary of War, was prepared and sent to the Vienna Exposition. THE OPERATIONS have hitherto been conducted with a view to ex- plore the whole area to be removed, and I have to add that this part of the operations requires for its compietion the additional driving about 1,000 Mineal feet of tunnels, We have been much de- layed, and the cost of the operations has been in- creased by being compelled to work under appro- priations not suMcient for rapid or economical ogress, These matters have been touched upon in previous reports, and I repeat them here simply from @ sense of duty. The annual drawings will be transmitted when completed. STEAM DRILLING scow, ‘The oj tions of this machine were upon Dia- mond Reef until July 12, 1872, Twelve holes were drilled and blasted and three suriace blasts made and 675 tons of rock were removed by Morris & Cum- tugs’ frapplin mechine, The scow was moved to Hell Gate July 12, and, after being moored upon Frying commenced drilling July 22; made 17 holes and 11 suriace blasts; Al it 8 took up anchors and moved off the reef, The scow was anchored over Pot Rock August 5, where it re- mained until running ice drove the scow into winter quarters, December 28, 1871. Forty holes were drilled and biasted, 60 seam blasts and 24 sur- face blasts were made. The suriace of the rock was found covered with a large débris of small stone, which waa first removed by means of a take in order to drill, A quantity of stone ‘was thus removed from che reef, of which no ac- count has necessarily been kept, ‘As it was impos- sible to use Morrig & Camings’ grapple in re- moving loose rock in this locality, buckets, filled at slack Water, constituted the other means of re- moval. -The tag thus removed is estimated at 211 cubic yards. The dificulty of mooring the scow, so that it would not drag and interfere with the dome, was great when exposed to these rapid cur- rents; but this could be and was overcome. The Teal source of delays, damage and Sa sd to those employed was from collisions, of which sixteen were encountered while the scow was at work on Pot Rock, The delays arose from the breakage of the cable chains connected with the anchors, and the period of time required to search for and find the ends of the chains before the scow could be moored again. It is solely due to these accidents that the whole of Pot Rock was not removed last fall. THE EXPERIENCES DERIVED FROM THE OPERATIONS of this machine are, first, that the cylinder on the dome has never been of use; it was carried off in August, 1872, by a collision, and replaced during the remainder of the season by a temporar. wooden structure, which latter has been dispense: with, and the dome ig now used free of such en- cumbrances and dead weight resulting therefrom. Second, the dome not acted as a dam, the top of the cylinder hi ever, except accidentally, risen to the surface water, while the bottom of the dome, not lying close to the rock but lev- elled upon its bey rimitted a free rush of the currents under it and upon the person of the diver working upon the bottom. A RAPID CURRENT, while the tide was running, trom the bottom through the dome, ‘atacharged’ itself through the top of the dome. ‘The water in the well hole of the scow was always above the level of the exterior water, and, in Very rapid currents, was on a level with the curbing of the well, The divers have re- ported that it was more dificult to work at the ttom with the machine than without its assist- ance, and the reason of this is is manifest, viz. :— The obstruction to the currents arising from the broad bottom of the scow and from the dome caused a thorough ehange in the velocities of the currents from the top to the bottom, decreasing the first by friction, and, by the velocity of the water pushing from behind and the head raised by the obstruction mentioned (which tended’to keep up the discharge), necessarily increasing the velocity at the bottom, where the divers were at work. The result was that no work was done at the bottom by the divers, excep. during the time of slackened currents, when no protection was necessary. Third, there has never been any ractical diMiculty in all currents to remove and ‘o return the drills to the drill tubes from the deck of the scow, and consequently without the use of divers, Thisis very evident if recollection is had of simple mechanical devices, which themselves, of lowering @ drill to the mouth of the tube and inserting it, and likewise by refiect- ing that the drill tube could be made of aa to reach nearly or guite to g 28, 1873.—TRIPLE SHEET, the could appliances to use or construct, are n 4 The tions Of the steam drilit superintended by Mr. Charles A. Erdeston. Re- spectiully submitted. JOHN NEWTON, Lieutenant Colonel of Engiucers, Brevet Major CHURCH VS. STATE. The Pope to the Emperor of Germany and the Emperor of Germany to the Pope. The English papers of the latest dates print the following correspondence :— BERLIN, Oct. 14—Evening. The Emperor has received a letter from the Pope, of which the following is a literal transla- tion — 7, 1373. Your Mayesty—The measures which have Portes by Your Majesty's government for some time P aim more and more at the destruction of Catholiciam. When T seriously ponder over the causes which may have led to these very, hard mcasures {confess that Iam unable ny for such u course. On the other hand, I am informed that Your Majesty does not countenance the proceedi of your government, and does not approve the harshness of the measures adopted against the Catholic religion. 5 nm, it de it not approve that Your lajesty does thereof, and the letters which Your Augnst Majesty ha: add: tome Sormeriy might sumMictently dentoniirate Vamican, Ai that you cannot approve which is now occurrin; if, Taay, Your ieafenty Yioes not approve of your govern ment continuing fn tne path it has chosen further ex- measu inst the religion of bola its rigorot Stemovar er oe & ing Your Maye: own tl ak with frankness, tor ny. Benner Js truth. speak in order to fulfil one of my duties, which consists in te! the truth to all, even to those who are not Catholics; for been baptized belongs in some way or @ more precisely would be here out way, to the Pope. I cherish the con- i Majesty will receive my observations with your usual goodneas ud will adopt the measures necessary in the present . While ‘offering to Your Most Gracious my. the expression of my devotion and esteem, I pray to God that He may enfold Your Majesty and myselt In one and the same bond ot a His Majesty the Emperor replied as follows:— Benuty, Sept. 3, 1873. Tam glad that Your Holiness bas, as in former time: done me the honor to write to me. ‘I rejoice the more al ‘this since an opportunity is thereby afforded me of cor- recting errors which, as appears from the contents of the letter of Your Holiness of the 7th of August, must have occurred in the communication you have received rela- ve to German affairs. If the reports which are made tu ‘our Holiness ‘ting German questions only stated the truth, jt would not be possible for Your Holiness to entertain the supposition that my government a4 upon a path which I do not approve. of TE ing to constitution of my States such & casé Cannot happen, government meaaures in Prussia re- quire my consent a3 Sovereign. To my deep sorrow, & portion of my Catholic subjects have organize for, the past wo years a political party which endeavors , by intrigues hostile to the State, the religious peace which has existed in Prussia for centuries. “Leading Uatholic priests have unfortu- mately not only approved this movement, but At to the extent of open revolt against existing will not have escaped tl rvation of Your Holiness that similar indications manifest themselves at the resent time in several European and in some trans: tiantic States. Itis not my mission to investigate she causes by which the clergy and the taithful of one of the Christian denominations can be induced actively to assist the enemies of all law; but it certainly is my mis- sion to protect internal peace and preserve the authority of the laws in the States whose government has been en- trusted to me by God. Iam conscious that I owe here- after an account of the accomplishment of this my kingly duty. I shall maintain order and law in my States. at all attacks as long a4 God gives me the power. Laminduty bound to do it as a Christian monarch, even when, to my this royal d sup acknowledges no less than the Evangelical Church that the commandment of obe- dience to secular authority 3 an emanation of the ro- yealed will of God. Many of the priests in Prussia, sub- ject to Your Holiness, disown, to my regret, the Christian doctrine in this respect, and place my government un- der the necessity, spported by the great majority ot my loyal Catholic and Evangelical subjects, of extorting lience to the law by worldly means. | willingly en- tertain the hope that Your Holiness, upon being intormed ot the true position of affairs, will use your authority to pat an end ig the agi ew ied on amid deplorable istortion of the truth and abuse of priestly autho rity. The religion of Jesus Chri: has, as I attest to Your Holiness before God, nothing to do with these intrigues any more than has truth. to whose ban- ner, invoked by Your Holiness, I Te Eeey, abseribe. There is one more expression in the letter of Your Holi- ich I cannot pass over without contradiction, although it is not based Spon, the previous information, but upon the belief ot Your Holiness, namely, the expres- oon io we. It sion that every one who has received baptism belongs to the Pope. The Evangelical creed. wIMg?s lathe ma- known to Your Holing*prbiess, does not permit us to ac- Yitin cur Telations to God any other mediator than our rd Jesus Christ. The difference of belief does not pre- vent me from living im peace with those who do not share mine, and offering Your Holiness the expression of my personal devotion and esteem, I, &c. = WILLIAM, [London Daily Telegraph, October 16, 1873.) In view of the great public interest which has been excited by the correspondence between the Pope and the German papeace it may be interest- ing to give translations of the exact text of the extremely important documents and speeches con- nected with the recent ceremony of swearing in Professor Reinkens as Prussian Catholic Bishop. In forwarding these documents our special corre- spondent at Berlin writes that the excitement which has been aroused in Catholic circles by the whole episode is simply indescribabje. The form pe administered to the new Bishop was as follow! I, Joseph Hubert Reinkens, swear an oath to Almigh’ and Omplscient Gol, upon the Holy Evangelists, that 1, having been raised to the dignity of a Catholic Bisho, will be subject, taithful, obedient and devoted Royal Majesty William of i, and to the | successor in government of His Most Ht Maj advance the interests ot His Most High Majesty, to my ability, avoid injury and prejudice to them, wi conscientiously observe ‘the laws of the land, will particularly endeavor to achieve that a feeling of awe and fidelity towards the King, of love for the fatherland, of deference to the laws, and all those virtues which denote the gooa subject in the Christian, shall be carefully fostered in the minds of the clergy and communities en- trusted to my episcopal direction; and I will not tolerate that my subordinate clergy shall teach and act in wD) en Ds to Hig itimate ity, will ‘ord: & sense 97 to the above. More especially I vow that I will not Rertain any sarc cae or connection, be it within or without the kingdom, which may be prejudicial to public safety; and, snonld i become aware that Propositions shall be made anywhere which may result in injury. to the State, that I ill siznify the same to His Royal M festy., TL bromise to fulfil all in obliges to the oath of Me aie nod Mellty te, His Royal Majesty: or to that of loyal an lelity to jesty. 01 at of iWeaiSnee to the law of the nnd. All this! swear, so Lelp me God and this holy Evangelism! The patent of ition, ed by the Ktn; and handed by Dr. Falk to the Bishop alter he had taken the foregoing oath, reads thus:— We, William, by the grace of God, King of Prussia, 4c, &c., give to know, and make hereby known, that we herewith, in virtue of the episcopal election’ held in Cologne dn the 4th of June, nd of the consecration the Catholic Episcopate, Bisho) venter, in recogn je 01 logical Faculty of Bresiau University, Dr. J Héinkens, as’ Catholle Bi oP and, acco: 1 we command our Upper Presidents, Prendents and Provin- cial Colleges, as weilas each and every our Wassals and gublects, of Whatioever name, position, ‘dignity or condi- Remy cats Sia dec as GA an kek shall rec yer uber! Reinkens as Catholic bishop, and let the tathe Doasess, h nd , fully and without question by anybody, Bh that whieh’ nay be dependent ‘upon nis oMes, inay Belong thereto, or may be exacted in virtue theréof, in the way of honors and dignitie: arrees and other advan- tages, on penalty of our royal pete and heavy in- evitable reprehonsion ; without prejudice, however, to all that belongs to us and to our royal and territorial ince! 4 witless whereof we have completed this present patent of recognition with our most exalted Manatere, and have caused it to be sealed with our Fre gene Thus given—Buauin, Sept. 19, 1873. WILHELM. The Bishop, in answer to Dr. Falk’s address (the substance of which our correspondent: tele- graphed), observed inter ali This oath is in no way a trammel to m: gnly promises what I feel myself joyfully free to. fuifl, eis also a fo to me, taking into account the circum- stance that whose mission it is to instruct the peo a to its su} rs Bita'theis lave excite tho masses and Gif them with ie actions, for it an ws, wait towards that duty, to bear solemn testimony in this lace to my conviction ‘that such obedience sraly Te- Rigious Guy and hat he who infringes it uilty of sin against God. declare, | also, I foresee no collision between the fulfilment of this duty and the exercise of | m; oes T con- template the future with peace and confidence, for the present State government pursues in its legislation as well nsibly think! appear suitable to the sensit re emtinen , bat erated by the spirit of Christ in, but stimu! Bi task altorto jowever, contrar: the task allotted me, Sho 5 me into conflict with my oath, f would fapcctattons en my omfice rather than Clash with that resign m; tata the jedat redpect.”” And 4 now declare once more that every word of the oath subscribed to by me will be sacred for me, It is unnecessary to point out how entirely Bishop Reinkens endorses the view of the rela- tions of Church and State which form the basis of a an erets policy of the Emperor and Prince ismarck, THE NEW DOMINION. A Motion to Censure the Ministry—A Vote Anxiously Looked For. Orrawa, Oct. 27, 1873, Debate on the address in reply to the Governor General's speech opened to-day in the House of Commons, Mr. MacKenzie moved an amendment, declaring that the conduct of the Ministry, with regard to the Pacific Railway, is worthy of the severest censure. Political circles are in a state of feverish excite- Ment, both sides using the utmost exertions to make the first vote decisive. The approaching dis- cussion is expected to be most acrimonious. The inions are that the government will be sus- tion principles which not onl ‘as in its administration p: ‘mind ( on the first vote by a small Free adie but that after the first division the majority will in- crease, It is now said that Riel will not be in his lace. There will be 201 members uresent when he House meets, Settlement of the Debt Due the Uniom Trust Company by Lake Shore— Basis ef Settlement. What Prominent Bankers Think of the Action of Commodore Vander-. bilt in the Matter. Glittering Generalities om Resumption. : “Uneasy is the head that wears @ crown’? is trite and, nevertheless, a truthiul saying, and may be aptly applied to the Money kings of Wall street at the present time. Finances and finan- clers are unsettled, not from a want of fonds, but from a sense of “insecurity in securities.” Yesterday's happenings, however, will go a great way toward# reassuring the timid, although the stock Market is everything elas but steady. The GREAT EXCITEMENT OF THE DAY in Wall street was the settlement effected by Com- modore Vanderbilt with the Union Trust Company of the money due to this institution by the Lake Shore Ratlroad Company. The amount due by thia concern to the Trust Company is $1,809,979 32, and the failure to pay that sum on being called in at’ the time the panic commenced was the cause of. suspension by the latter. The debt was incurred by the late President, Horace F. Olark, and it is stated that the proprietor of the three great railroads “knew nothing at all about the matter until he was elected Olark’s suc- cessor.” But, as the present President of that road, he felt in duty and honor bound to liquidate all Just claims against the same, and for this reason he has given the notes of the Lake Shore Company, secured by Harlem Railroad stock placed at 90 and Central Railroad at 70, THE BASIS OF SETTLEM thus effected was consummated an early hour yesterday morning, Commodore Vanderbilt hand- ing Mr. Wesley, the receiver of the Trust Company, notes payable in “three,” ‘six’? and ‘nine’? months, dated October 24, 1873, and bearing interest at the rate of seven per cent, The smallest denomination was for $45,000, Mr. Wesley states that the Commodore was very anxtous to take care of the interest of the Lake Shore road, and at the same time he was desirous to help the Union Trust Company to resume busi- ness at the earliest possible moment. For this urpose he pledged his own securities as cole terals at about twenty per cent below the present, market value. In case the notes are not paid the following bind- ing conditions are conceded to the Union Trust Company by the Lake Shore Railroad Company to dispose of the securities, without any formal or in- formal process ol law:— Naw Yorx, Oct. 24, 1873. —— months after date, and upon the return of the cof lateral securit; Lake Shore and Michigan Sout Sy promises to 4 tojts own order ——doilars for value received at thi office of the Treasurer of the said company, in the city of New York, with interest at the rate of seven per cent per annum, having deposited herewith as collateral securit —, with authority to tho holder thereof to sell suc! security at the Brokers’ Board or at public or private sale, or otherwise, st the option of such holder, on the non‘performauce ‘of this promise, without demand ayment or notice of the time or place of sale, whic! ereby expre: waived, and upon such sale the holder héreof may purchase ‘the whole or any part of such securities, discharged trom anyjright of redemption, retaining claim for any detictency against the said pany, and any surplus arising from such sale is to be to said company, —— shares of $50 each of the cap- ital stock of the New York and Harlem Railroad _Com- aby. e The said company reserves the right to pay the amount named herein at any time apon giving the holder hereof ten days’ previous notice in writing of its intention s0 to interest hereon to cease and the collateral secu- in described to be returned upon payment being made at the expiration of such notice. ‘The Lake Shore and Michigan Southern Ratlway Com pany, by E. D. WORCESTER, Acting Treasurer. So far, so well. The settiement of this debt will oy far towards helping the Union Trust Company an iNasmeva uo wi HOLES OTM Lake Shore Railroad, so well and oat secured, will readily be nego- tiated, and, with the newly pledged capital of the stockholders of the Trust hs rea which is stated, to be very large, every liability of the company will be met with pommcee The answer to the inquiry when this august event is tohappen was that ‘‘as soon as the arrange- ments gould be completed, perhaps in about two we An interview with a leading banker was had by the writer yesterday afternoon concerning the present state of affairs in general and the resump- tion of the suspended houses in particular. The banker referred to is a gentleman of large means, who stood the crisis without flinching and paid out dollar for dollar when money was worth three per cent per diem. In regard to the settlement of THE LAKE SHORE INDEBTEDNESS, he said:— “although I am not particularly partial to tig old Commodore and take Mes © little stock in his operations, I cannot but say that he has acted in this matter highly credit. able to the great institution of which he igs President. The obligation of $1,750,000 was in- curred while bis son-in-law was President of the road, and it was awell known fact that the two men’ were antagonistic te each other, and the statement that Vanderbilt Knew nothing avout the debt until alter he was made President sub- sequent to Clark’s death is generally credited ag being strictly true. Since the loan of this money by the Trust company the interest has accumu- lated, and accor ng to the settlement amounts to date to $59,979 32, Thislarge sum very soon rollep up a heavy schedule of interest, as may be seen Shore Railroad in this case. In Pegar to the Lake itself, let me say that in my opinion it will readily redeem the pledges made ith the Union Trust Company, indeperdent of the collaterals by which the notes are secured. Let us assume that this railway company will not pay a dividend for a year, Say at eight per cent, on $50,000,000. This would amount to Seah + $94,000,000 Debt due Union Trust Company, only $1,809,979, 2,000,000 Possible of age }, 88 800,000 Add tor possible floating debt, which has made in improvement of the property, say.... 3,500,000 Total..... oo +e $10,000,000 “This is as bad a statement as can well be made, and would show the stock to be worth elghty cents on the dollar. It is now selling at sixty-two. Not only is this particular stock depressed, but every pod Fb he railway security is in the same condition “To what do you attribute the depression, then ?”” queried the reporter. “There is a certain class of men,’ answerea the banker, “who come en the street gifted with more brains than means, who get up FICTITIOUS BARTERINGS, selling in stocks what they do not possess, This element is by no means small; it may be numbered by hundreds—even thousands. These men band ther, make up a “corner” in such stocks ag may suit their fancy and from the multitudinous (imaginary) dealings, the market is to a great ex- tent influenced by the fixing of their rates, These men are like 80 many little fish following in tne wake of the finny tribe, and while their in- fluence for 18 of very little moment, they act tently for mischief. To such as these may be Praced he depression of every financial interest of the present day, but fortunately every day affairs become brighter and more cheerful and an early resumption Bee be prognosticated without @ shadow of @ Several other financial ates expressed simi- lar views on the monetary situation. THE CHESAPEAKE AND OHIO RAL whose ceupons on LROAD, 15,000,000 fall due on the 1st prox., amounting ay a ve will without doubt paid on that day, provided the directors respon as promptly a8 one of their number has already. T gentleman has offered to advance $75,000, Mr. Collis P. Huntington, the President of the road, Stated that the report embarrassment of the company is due to the fact that considerable work is being done toward extending the road by build- ing an additional line from Mount Sterling to the Sandy, which will add materially to the eMciency ot the road, It is pro) to fund the floating debt of $8,000,000, and some of the future coupons if the consent of the bondholders and other creditors can be obtained. The bonds in circulation amount to about $15,000,000, The rafting a com: ose the Board of Directors:—A, A. Low, 0, Pe antington, William HL Co eclnk ad David Stewart, Jonas G. Clark, William White, Jr., and William B, Hatch, of New York; Pliny Fisk, Jr., of New Jersey; William C, Wickham and John Echols, of and H, ©, Parsons, of West V1 This frm makes the grauiiying “announcement that, after a brief suspension, have Te ned nts and a sctive pasihens nave A MILITARY COURT AT FORT MONROE Fort MONRO, Oct. 27, 1973. A general court martial has been convened here for the trial of a number of prisoners, most of whom are deserters, The following oMcers coms pose the Court:—President—Lieutenant Colonel Joseph Roberts, artil! ; B.'tlder, Fiest artiliery - Capeald Sau min, Day, Fifth I Teen eirtn apatite? hed Liew Soni ~ First. tenant im Tiernan, Third arvitiery, Judge Advocate, "The 0, court St such how With the recitation of the artillery saboob