The New York Herald Newspaper, February 28, 1874, Page 3

NEW YORK HERALD, SATURDAY, FEBRUARY 28, 1874.-TRIPLE SHEET. GERMANY AND THE PAPACY, An Official Statement trom Prince Bismarck. The frince Authorizes the Herald to Repre- sent the Prussian Case to the American People, BERLIN, Feb, 12, 1874. Tam authorized to state that the rumors circa- lated chtedy by the Eaglish press to the edfect that the French government had been compelled to cede to German induence in the recent measures | it has taken in ecclesiastical affairs is untrue. The acts.ofthe French Miuistry were spontaneous, ‘The ateps lately taken at Versailles were not the Fesult of any demand from the German govern- | ment. Any interierence in the internal avairs of a foreign State is contrary to German policy and ‘custom, The imperial German government has merely reserved to itself the right of proceed- | ing against the French bishops according | to French law for the offence of lése-majesté; | ‘but it is altogether erroneous to pretend that the German government has made any demand Whatever upon the French government, Upon the other hand, however, it is for Germany to judge whether the satisfaction which is offered by France will dispense her from the necessity of baving recourse to French legislation and justice, BISMARCK’S CASE, The Prince Chancellor of the German Empire, moreover, declares that the friendly testimonies | he has received relative to the latest debates in the French Chamber of Deputies, both by letter | and telegraph, are s0 numerous that he is unable | to reply particularly tocach of them, He, there- fore, desires to make @ general acknowledgment | of bis lively gratitude for the many proofs of con- | fidence which have been given him from all parts | ef the German Empire and irom foreign countries. | Tam also authorized to state that the Prussian | government has presented two new projects of law i to the Landtag, designed to complete the laws of May, 1873, which regulate the relations between | the State and Church. The text of these two pro- | Jects of law, and a statement of the reasons upon which they are based, have been courteously com- manicated to me by Prince Bismarck jor trans- muasion tothe New YoRK HEeRacp, and are as fol- lows:— PROJECT OF LAW TO EXPLAIN AND COMPLETE THE LAW OF THE 1TH OF MAY, 1875, ON THE EDUCATION | AND APPOINTMENT OF ECCLESIASTICS. - JANUARY 18, 1874, ARTICLE 1,—The law of the 11th of May, 1873, is to be interpreted as meaning that the presentation to an ecclesiastical eupioyment, as well as the ap- Proval given to such presentation, violates the Piped ol secuous 1-3 of the said law it Gas take place without tie nomination of the | candidate belug made (to the President Superior of the province), us 13 prescribed by section 15 of | the same law, or before tais nomination, or before | the expiration of the delay accorded by the same section 15 to allow tue entry of a protest. | ART, 2—The penalty decreed by the twenty-third | section ol the law of llth of May, 1873, attaches to every ecciesiastic who exercises the luncuons of Church employment without being able to iur- nisi proo! that he has been appointed according to sections 1-3 of the said law to an employment anthorizing him to exercise said functions, or to a . ol substitute or auxiliary iu a@ similar office. Akt, 3.—When an ecclesiastical employment be- | comes vacant the President Superior (of the | province) has the right to order the sequestration | = the living (c.uattels, revenues, &c.) 01 the place | SS First—The vacant employment is conferred con- trary to the prescriptions of sections 1-3 of the id law of the Lith of May, 1873; or Second—If there are acts which lead ty the belief that the presentations to the employment will not take place comtormabiy to these prescriptions. ‘The sequestration extends to the entire tem- Poralities ol the see, and includes ail revenues, Feceipts and presentations. ‘the President Superior appoints a commissary, Who executes the se- questration, and Wiu—until the vacancy has been legally filled or until a provisional substitute nas been appointed according to the law—admunisters the temporalities of the See. The measures of constraint necessary for the execution of tne se- | questration are taken by the admuuistration, The commissary exercises, With juli legal effect, ail the legitimate rights belonging to the legitimate ctu- lar of the See, The expenses of the administration are defrayed from tue revenues of the place. EXPLANATION OF THE MOTIVES OF THE ABOVE LAW. ‘The resistance which the Koman Catholic bishops have offered to the execution of the laws of the 1lth and 1zth of May, 1873, has up to the present been most marked against the iaw of the 11th of May relative to the education and appointment of ecclesiastics, The reason Of this is that the pre- scriptions of this law came into immediate practi- cal effect; as a result the hostile conduct of the | episcopacy and the clergy which depends on it has lea to an open revolt against the jaw ot the State. Jn order to repress everywhere such conduct with the decision absolutely demanded by tae authority of this law it is necessary on the one side to dissipate an uncertainty which has arisen in the interpretation oi the law, and, on the other hand, there are some other complimen- tary prescriptions to be established to prevent the law from beimg eluded, as nas been tried, or to assure the action of the law in iace of the opposi- | tion which goes on increasing, by the creauon of | more efficacious means 0! repression. The present project proposes to achieve these re- | sults in proposing in the first article an mterpreta- tion of the penal enactments Of this iaw; in the second, ® completing Of the penal enactments; lastiy, in the third articie, a new means Of repres- gion by the sequestration of the temporalities of the gee against the introduction of ecclesiastics illegally appointed to employments in the Church, On each o! the points the Jollowing observations remain tu be made:— ARTICLE 1.—The want of an interpretation of sections 22 and 23, and conjointly sections 17 and | 1, of the law of the litho: May, 1873, leads to the | Yefusal on the part of the inferior courts to apply the penal enactments ot sections 22 and 2%, except | in those cases where a protest has been made on the part of the President Superior against a nomi- | Ration toa Church employment, avd as a conse- | quence these tribunals acquit in cases where the | candidate has not been designated by name to the | President Superior, a8 section 15 requires. This | interpretation is produced chiefly by the wording | Of section 17, which appears to establish a dis- | tinction between those nominations which violate | section 1 and those whicn are made betore the ex- | pitation 1 the delay granted to enter a protest. uch an iterpretation should be considered un- sound, in the sense that the terms ot section 17— “Or take place before the expiration of the delay accorded to enter a protest’’—ought not, and could not, have jor object to indicate as null aud void a particular presentation to an ecclesiastical employment made without reference to the pre- Gcriptions of section 1; but these terms, as clearly sbown by the wording oi the original draft, were oniy admitted into the law on the proposition of the Commission of the Chamber of Deputies to introduce (as 18 said in the report of the Commis- sion of the 3d o1 February, page 9) an amend- mentin the wording, with the object oi completing what the said paragraph proposed, PROJRCT OF LAW ON THE ADMINISTRATION OF Va- CANT CATHOLIC BISHOPRICS, SECTION 1.—in a@ Catholic uishopr.c of which the gee is vacant the religious rights and Iunctions at- tached to the episcopal charge, together or sepa- Fately—in 80 [ar as these rights and tunctions do | mot concern the aumivistrations of the property of | the bishopric—are not to be exercised unui the in- astallation of a bishop recognized by the State, ex- cept according to the ioliowing dispositions of the present law :— Sx, 2.—Whoever wishes to exercise episcopal | Tighcs or functions of the nature pointed out in | section 1 must address, to toe President Superior of tue Province @ communication in writing on | the subject, specifying the extent of the rights | which are to be exercised; in addition he must | roduce the ecclesiastical commission which has | Pen given to him, ahd iurnish proof that he pos. | Sesses the personal qualities on which the law of | the 1ith of May makes presentations to ecclesiasti- | calemployments depeud. He must declare at the | same (ime that he is ready to make a promise on ata to remain faithful and obedient to the King and to ouserve the laws of the State, SEC. 3.—In the ten days aiter the reception of this communication the President Superior can enter & protest against the exercise o1 the rights ANd iuMCtions of & bishop, as explained in section 1. In the protest to be entered the prescriptions of section 16 flad their application. In this meas- ure the appeal to the courts tor ecclesiastical affairs cap only be made in delay o1 ten days. Ii no yrotest 18 entered or if the protest is re- Jected byt tne courts of ecclesiastical affairs, the engagemcwt by oath prescribed in section 2 18 to be taken before the President Superior or before a commissary named by him, Sno, 4.—W'poever exercises the rights or func- tions of ‘a Lyshop designated in section 1, before having taken yhe engagement by oath, is liable tu imprixonment-from six months to two years, ‘The same pe.¥alty abiaches to the substitute or incumbent (vic.yt general, oficia’, &c.) who, after the vacancy of episcopal see, continues to exercise the right# Or iunctions of a bishop with- out haying obta.med, couformably to sections 2 and 3, the right to exercise them. ‘SEC. 5.—Lhe minox clergy who, whether upon an order or commission given to them by a bishop not recognized by the’ State, or one whose fanc- tions have been fFevoked by & judicial decree, or by yerson exercising, con- trary to law, the fights and iunctions 61 a biabop, or by # subNytute Damed by these | Me, through the Moniteur de U Etat, when the nomi- | | lish @ substitute in the same empioyment, Perens, falf) the duties of their employment are able tom fine amounting to 100 rs, or tog detention, or maximum imprisonment ol one year, and is by virtue oi such commission the rights ans functions of @ bishop are exercised, to an impris- Onwens of from six months to two years, Sxc, 6.—It ‘see ol & bishop becomes vacant by @ judicial decree the President Superior must in- | vite the Grand jer to immediately elect a vicar. If the President superior is not informed within ven days that the etection has taken j luce, or il the envagement by oath of the elect has not been taken within the delay of tourteen days, the Ministe! r of Ecclesiastical Affairs names 4 com- missary who is ie with the care aud administration of the temporanties belonging | to the ig see, and the chattels movabie and | Immovable, piaced under the administrauon of vhe said bishop, or of the titular ol the gee. The | measures of constraint which may be necessary to put the temporalities at the diszosition of the com | mis-ary are to be taken by the President superior. | He 18 authorized, even beiore the appointment of the commissary, apd ven a8 soon as he addressed | the invitation to elect a vicar to the Grand Chapter, to take under his guard the temporalities above | designed, and jor that purpose to take the neces- sary measures by way Ol constraint, 5 The prescriptions 01 section 6 are also ap- plicable :—First, in case @ bisiiop’s see becomes va- | cant by judiciai decree the vicar of the bishopric | abandons this ofiice without the installation of a | new bishop recognized by the State having taken place; and, second, 1m other cases of vacancies of j episcopal sees, if the rignts or (unctions of .@ vishop are exercised by persons Who do not satisiy tue conditious required by sections 2 and 3, Sec. &—Ihe dispositions of section 6 on the nomination of @ commissary to administer the temporalities pointed out in the same paragraph are applicable again in every case i) an episco,, al see is not reoccupied in the delay of a year after the vacancy occurs by a bishop recognized by the Siate. ‘The Minister of Ecclesiastical Affairs has the right to prolong the celay, EC. 9.—The administrative rights of the bishops are transierred tu the commissary, ‘The expenses of the administration are taken out of the temporalities, ‘The commissary represents the episcopal see, or the bisnops as such, In ail legal relations touching the temporalities, 5 the administration of the commissary comes to an end a8 800n as a vicar, named in con- | tormity with tive prescriptions of the present law, takes in hand the aduunisiration of the bisnopric, or a8 von 48 @ bishop recognized by the State is installed. Sec, 11,—The President Supertor informs the pub- nation oi a Vicar or bisnop has been made tn con- formiry with the law, algo of the appointment and removal 0! commissaries, Sec. 12.—The application of sections 6 and 11 | does not prevent the Grand Chapter irom naming | during the vacancy a private administrator ol the temporalities, SEC, 13,—If in the cases provided for in sections 6 and 7 tie election o1 the vicar does not take place within the prescrived delay, or if in tourteen days | the engagement by oath of the person elected bas | not been taken, the Minister of Ecclesiastical Affairs | will order the retention of the junds of the State allotted to the pay of members of the Grand Chap- | ter which is authorized to carry out the election until a vicar bas been appointed in accordance with the prescriptions of the present law, or a | new bishop recognized by the State hus taken pos. | session o1 the see. The Minister has, however, the right to continue to any member or members of the Grand Cuapter the allowance decreed by the State. Seo. 14.—During the continuance of an adminis- tration by the commissary, in the case provided in Sections 6 and 7, the person to whom, in virtue of patronage, or other title ot law the right of pre- | sentation (nomination, proposition) for a vacant ecclesiasitcal employment, 18 authorized to refill the empioyment in case of vacancy, and to estab- Sec. 15.—li the person who possesses this right makes use of it, the prescriptions of the law or the ith of May, 1873, are apphcable. The penalty | which, in the twenty-second clause of the said | law, mcnaces the superior ecclesiastic in case of | illegal preseutation to employment attaches in the ante eRe the person haying the riglit o1 presenta- 10n, Sec. 16.—if the person having the right of pre- sentation, within a delay of two wonths, reckon- | ing irom the Gay the vacancy occurred in the ecciesiastical employment, and in the case where the vacancy occurred betore the preseut law came into force, within two months trom this law taking effect, has not provided a substitute, or in | the delay of one year after the occurrence of the | vacaucy @ hew titular has not een appointed, his | Tight passes to the parish. Sec, 17.—Provides for an election to a vacancy by the parish. ‘Sec. 18.—Provides for the presentation of the elected substitute to the ecclesiastical employ- ment. Sec, 19.—If in the cases provided for in sections 14 to 18 no protest is entered, or if the protest is Tejected by the Court of Ecclesiastical Affairs, the eccleslastic elected 18 to be considered as validly appointed. DEC. 20.—If before the day when this general law shali be promulgated the See of bisho) becomes vacant by judicial decree, prescriptions of the present law are Euceiie in this measure, however, that resident Superior, mmmeiat aiter lis mulgation, shall addrese w" gexe otion presc! in section 6 to the Grand Chapver. ‘SEC. 21.—Wherever im the present law mention 19 made of a bishop, a see, or episcopal empioy- ment, &c., or of a bishopric, there should also be | ineluded an archbishop, a prince bishop, as well as | the sees, employments, bisnoprics, &c., of the last the | ap- | the | r0- ped named, Among the ecclesiastical rights and functions | attached to episcopal employments there should | be included in tue meaning o1 the present law as Well those Which are contained in episcopal em- Ployment, as such, a8 the rignts and functions which are delegates . SEC, 22.—The Minister of Ecclesiastical Affairs is charged with the execution oi the present law. STATEMENT OF THE MOTIVES FOR THE ABOVE PROJ- ECT OF Law. The hostile attitude of the Roman Catholic bishops and clergy have maintained up to the present, in lace of the execution of the laws of the | 11th and 12th of May, having already led, in one | case, even to the employment against a prelate of | the extreme resort—tuat 18 to say, the bringing of | an act.on to have pronounced a revocation of employment—it is necessary to look tn the face the case Where such @ revocation has really taken place. At this point the struggle which the State has been forced to accept enters into a period Which imposes on the State the duty of creating new means of defence corresponuing to the situa- tion of affairs, and to prevent, as muchas it 1s in its power, the disturbance which might arise in the dioceses by @ more widespread rebellion against the laws of the State. With the position the Roman Episcopacy and its adherents have taken in relation to the laws ind- cated, there 18 reason to lear that this opposition against the laws of the State may be carried to the length of reiusivg to recognize a sentence of the royal court for any ecclesiastic who might pro- nouuce the revocation of a servant of the Chureh, particularly that of @ bishop, and even to retuse to | accept ita effects, That it is the incontestable | duty of the State—i! one does not wish that the legal order may not be overthrown trom its foun- dations—to enlorce the execution of such a judi- cla) sentence, even Were it necessary to employ extreme measures of repression and constraint, ‘This has no need to be proved, But, tor the execution of a sentence pronounc- ing the revocation of an employment, itis neces- sary— First—That the deposed bishop should be re- moved irom his employment, and also from his aficium and his benejicium. Second—Vhat it shall be brought to the knowl- edge of the authorities and employés of the | bishopric a» Well as to ail the clergy of the diocese | that vy the revocation of the bishop there is @ vacancy iu the see, So far as concerns the first point the revocation of the employment has first, tor effect (according to the second clause of the twenty-fourth section Of the law of the 12th of May, 1873), the loss of the revenue of the employment; and as the decisions | of the court are executable by means of the ad- ministration, the State can, im that case, take away froma deposed bishop the enjoyment of the entire revenue ol tis empioymen!, inciuding all the usuiructs, all receipts and prestations, As to the question much more grave for the pub- lic interest to know in what manner the exercise of the functions of the employment will be con- tinued, the actual law does not suraish sufcient means to put a term to to the activity, dangerous to pudlic order, Oi a bishop deposed trom his em- ployment. lt is true that the thirty-first section of the 11th of May, 1873, threatens with a fine of $100, and, incase | of a second conviction, 48 high as 1,000 thalers, the Servants of the Churcn Who exercise the junctions of their employment alter they nave been re- voked in accoruance with the tmrtieth section. However, experience uniortunately shows that up to the present simpler pecuniary punishments | are insufficient to maintain the authority of the law and to break down the resistance of the bishops, even on those points, where in other States the Catholic clergy submits to analagous ordinances of the Stwte. it is thus necessary to have more efficacious means to assure in this rela- oa the execution of a judgment pronounced by a royal court for ecclesiastical affairs. in this regard we may ask if tt would not be well to strengthen the jal enactwent of the ‘Thirty-first section of the said law und particularly to menace in advance with the punishment of tm- prisopment, @ crime which shows itself aS & Most grave attack on public order. If, nevertheless, the government of the State bas thought weil, for the moment at least, to abstain from such @ proposition the reason is thatthe government still examines whether tn presence o( the hostile attitude of tue episcopacy, who callin question tne basis of all public order, not less that of particular States, than that of the Empire,it might not be time to claim the aid of the Legislation 01 the Empire 0 combat the elements hostile to the State. In consequence the present project of law only treats the second of these questions, that 18 to Bay, how, leaving out the person of the deposed bishop, the diocese can be induced to recognize the see as vacant. It the chapter and the clergy of the diocese rec- ognize thas the deposition of bishop by aoe decree renders the see vacant the afatr will tolow the regular course, But the Jaw in actual state of things onght to provide ior this other case, where the chapter does not attach any validity to such sentence, and does not recognize the existence of @ Vacancy in She Episcopal Sge. The chapter in this < | general manner the couditious that must be case as well as the Vicar General will consider the deposed bishop as being in possession a the of- fice, and, consequently, not only will continue to @Ct ag Ll tne see were still occupied, but also will reiuse to institute @ temporary adminisiration of the diocese by the nomination o: a vicar of the chapter and afterward to proceed to the election 0} anew bisnop. It is also 10 be e: that the cere: A as leas’ the majority, will take gide with e chapter. It ie then necessary to create, by legislative means, first, the enactments nece: in case of need (0 lorce the recoguition oO! the vacancy u1 the See and the cessation of all official relation with the deposed bishop, as weil as the measures to be taken in somaeanen ee lor the nomination of & Vicar ad interim by tne bishopric and for the elec- tion of a new bishop. With ths 13 connected the second question— What help to ask trom the State when an ad in- tertm administration 01 @ diocese 18 instituted to Becure @ gnarantee that this administration shall be directed in a manner which accords with the Jaws oi the State, and uot to the detriment of the Most grave interests of the State, In this reiation it 18 necessary to consider that actually no precise conditions are fixed tor the person of the vicar that ine chapter ought to ap- powt. The reason may be suught in the fact that, according to the enactments which are in force in Prussia jor tne different dioceses relatlug to the occupation of episcopal sees, tne elec- tion of the pew bishop should take piace within three months, and thus the ad- ministration of the vicar has been regarded ag but transitory and of ghort duration, But ex- erence, ‘ticulariy in other German countri 48 shown how the reoccupation of the episcopal sees is Olten delayed during years, and how the Roman curia has in bands the means of retardin; indefinitely the reoccupation (by @ tituiar) Oo! episcopal sees, and so to render illusory ail the guarantees which the State should have by the Tight wuich hejongs to it to shure io the presenta- tion of episcopai sees. If this open revol' against the laws ol the State is considered it will be re- cognized that it is the duty Oj the State for its own conservation to no Jonger tolerate as ad interim administrator of a bishopric any person who tails to give every guarantee that no abuse shail be aliowed to the detriment of the State of the power which resides in the episcopal employment, ‘he means of finding these guarantees, seeing that @ positive participation im the nomination of such an administrator cannot be claimed, should be to extend to the administrators of the bishoprics the prescriptions of the law of May 11, 1873, on the | education and appointment oi ecclesiastics, and besides to require irom this adminisirator the | Promise, on oath, that he will be iaithful and obe- dient to His Majesty the King, and will observe all the laws of the state, As these considerations do not apply only to the | case of the vacancy of a bishopric produced by judicial decree, but in general to all classes of | vacancies arising from whatever canse, those condt- taons required jor the ad@ interim exercise of epis- copal rights during the vacancy of the see ought to be setied in a general manuer. The law, in fine, third, should not neglect to reckon the eventuality where the means 0: constraiut might show theim- selves unuble to overcome some resistance of the grand cuapter to the laws oj the State, so that this chapter, in the case of vacancy of the see by jadi- cial decree, may refuse to appoint a vicar, or m the case even Of B Vacancy O1 the see recognized might appoint a vicar Who wouid not (ulfil the re- quirements of the law. In these different cases there would be produced a complete disorder in the diocesan administration; because, in tact, there ig no longer an administration reg- wiarly instituted. The consequences of such @ state of things wowd be most grave jor the whole religious life o1 the diocese, for the religious institutions, ior the parishes, and particularly lor the diocesans, and it appearsto be a pressing duty of the State to take measures in order to prevent the great evils which may result trom this dis- order. We shall succeed by prescribing, on the one hand, what is necessary to maintain in regu- | jar exercise the administration of the temporail- ues of the Church, as well as that of the Episcopal See as religious 1oundations and institutions under the surveillance of the biskop, as well as those of particular paristes, and, on the other, in giving to | the parishes a chance of obtaining, in case of parochial vacancy, a new pastor, COMMENTS ON THE LAW. Upon these general considerations the law con- cerning the administration of vacant Catholic | bisuoprics is based, and lor the better under- | standing of this project the following observations are made :— SECTIONS 1 to 3.—In these paragrapus, conform- | ably to the preceding matter, are laid down in & lilled by those wno desire to exércise the relig! rights and functions attached to the episcopal employment during the vacancy Of a bishop’s See. ‘Yhese rules apply consequently to every such va- cancy, whether it be caused on account of a judi- cial arrest, or according to the prescription con- tained in section 30, of the lew of May 1z, 1873, in accordance with the twenty-first section of May 11, 1872, or In any otaer way. Relative to section 1, it should be Pe eeHcRtey, remarked that these terms—“the religious rights or iunctions of epis- copal employment” are employed im order to designate the entire sphere of official acts of @ biavop, and that, too, without distinguishing whether he exercises the functions himself or whether he designates a vicar general to exercise them for him, or by any other authority who can- not perform them except as the mandatory of the bishop. On the other hand, this designation does not include the acts (as functiovaries of the Church) of the deans, archbishops, Ol persons charged with duty in the puipitor the ministry of religion, for their official attributes doubtless emanate trom the head of the episcopal sce. are not affected by the revocation of the bishop. ‘Tuen, in regard to the exception made in the first section upon the administration of Church property, it should be remembered that according to the ‘ridentium. section 2%, chapter 16, the Chapter may, within eight days aiter the va- caney of the episcopal see is known, elect one or several stewards for the adminis- tration of the episcopal propert, (Zerum ecclesiasticarum et proventium), and in addition a vicar jor the administration of the episcopal jurisdiction (vicaire capitulaire), or coniorm as such the vicar general then in office, but whose mandate for this shall cate from the time the bishopric becomes vacant. The special instita- tion of stewards is not usual, however, in Ger- poo partly because the allowance for the greater number of the bisuops 1s furnished from the funds Oi the State, partly because, as in the case oO! the diocese of Cologne, according to the Diplome de Restitution of 1825, section 30, the Chapter admin- isters the revenues from the Church property (mense) during the vacancy and partly because in the different dioceses there are special author- ities who administer the temporal affairs, subject to surveillance of the bishop while in office, and subsequently under certain rules during a va- cancy. These matters of fact must, therefore, be borne in mind, ‘There is no danger of leaving these mattefs tree to th e administration of the vicaire capitulaire, provided everything ts done in copiormity with the prescrip- tions of the law. In cases, however, where this has not been done, the necessary measures will be | taken by the State in all tnat concerns the tem- poral affairs of the episcopacy, on which subject the details will be very precise in the observations upon sections 6 and 12, Further it wilt be re- marked that where the second section requires that those who can only exercise the episcopal rights, on whi which are declared applicable ail the prescriptions ot tuis law, and where the candidate equals the Tequirements of nativity and scientific education. Consequently the twenty-sixtn section 18 also applicable, — according were clothed with ecclesiastical powers belore the promuigation of the law 0} May 11, 1873, or who had acquired the ability for such employ, are not required to jurnish the proot of education and scientific ability, Section 3 regulates ihe right to oppose on the part oi the State; nevertheiess the clauses tor determining the character of the oppo- sition, as Well as jor making an appeal to the Court for Ecclesiastisal Aflairs (granting delay), ure abrogated by reason of the special conditions under woilch they operate, ‘The President Superior, or a commissioner Damed by him, ts charged, as may be most convenient, to receive the oath of fidelity, aiter which the nomination of the candi- date 18 accomplisned. SEc. er uata tie} agreeably with the prin- ciples followed in the laws of the llth and 12th of May, seeks to insure the observance of the pre- scriptions of sections 1 to 3 by threatening @ pen- ality in proportion to the offence ior each instance of contravention, By reason of the high im- portance which the exercise, according to the laws, the episcopal puwer has ior the public weal and for the interest of the people of tne diocese, a penalty Ought to be chosen which cor- responds with the gravity of the crime. Simple pecuniary fines and detention do not appear to be sufficient. Clause 2 extends the penal disposition of whe Hirst paragraph to the repiacing or making of a personal charge against a bishop who, alter the Vacancy im the see, continues to exercise the rights of bishop without having a new commis- sion coniormably to the prescriptions of law. This is justited by the possibility, already iadi- ed above, in the case were the revocation of & bishop arises from a judicial arrest, the commission of the Vicar General or official being at an end by the withdrawal of his mandate, tne bishop should be able to continue their official functions as if there had not been a vacancy in the see. Any act of the administrator of # bishopric illegally named has no legal effect, as established in the third clause, the necessary consequence of tue non- observance of the laws. Seo. 5.—While section4 threatens with penalties those who exercise the rights of a bishop contra: to the ew da of the law, the penal disp tuon of section 6 applies to the servants o1 the Church who, by virtue of a commission or upon the order either of a bishop who has nat had or who has not retained tne recognition of tue State, or of @ person not auvhorized according to this law to exercise episcopal rights, or a substitute for one displaced named by thexe persons fulfilling the Junctions of an employment i the Church, As the law here applies to every case, extending to all the servants of the Church, @ greater lutitude should be allowed as to fixing the degree of the penalty. Whereas here the penal disposition ex- tends to the cases where the lunctions of an em- Ploy are fulfilied py virtue of a commission or upon the order of a bishop who has been revoked by a Judicial arrest, it is oa fs) by motives for the extension of the penal disposition o1 section 4 to the Vicar General of a deposed bishop. SECS, 6 To 13.—These paragraphs show the man- ner in which they will proceed and the means of constraint that will be employed for establishing an ad ti administrations accord: to law when tere ly @ vacancy in g #eG, and gt S4IDQ , Curates nor those | ‘They bear but a personal responsibility, and | and who possess the personal qualltications | ich the law of May 11, 1873, makes depend | the presentation of ecclesiastical employment in | to which persons who | time to legally re-fill it. Of these different cases they ought particularly to treat that where the see is Vacated on account of a judicial pi 1 because oO! @ danger to public order hom the iact oi the revocation, and sec use tuere should exist no foundation for tthe vacancy might be contested trom ‘she religious side, &@ measure of restraint it is proposed in section 6 to take 88100 aud minister the temporal afairs belo episcopal see and o1 the movable an roperty under the bishop or ¢itulaére of the see yy # cOMmMissioner Who shall be named by the Ecclesiastical Minister, They will here consider that this method of procecure is, op the one hand, the most deitcate intervention of the state in such circumstances, for the iuterests to which they must ave regard, and also to help the diocesans ‘as far ay possible; on the orher naud it must ap- pear just and equitabie that the state should pot ps persons who do not wish Lo submit to the ws to undertake functions of such importance as those attaching to such administration, That all Measures that may become necessary here ought to be taken 10 an administrative way results from the nature of the sub; in this sense especialiy, that they will act prec H 8 the procedure of ministrative coercion, and it will ve admitted thi the President Superior, to whom belongs tne Sale- guard vf the jura circa sacra in the Church, is the most apt authority to order the necessary meas- ures of constraint, On account of the final clause it will be re- marked that measures of provisional security and for the seizure of the temporal property in ques- tion will be, under certuin circumstances, indis- peusable. SEC. 7.—The dispositions of this paragraph ex- | tend the prescriptions of section 6 to cases that | require similar treatment. iv reaches speciaily | where the vicar of a bishopric. as in the case jro- vided tor by section 6, voluntarily or involuntarily resigns his vicariat without the installation of a uew bishop known to the State having taken lace. Here the procedure of section 6 ought to e recommenced. But tiere is another case like it, that is the case where for a vacancy, relative to which they have no need of a procedure with the object of ane known the vacancy of the See—au episcopal vicar has been elected, it is ies but does not meet tne conditions required yy law. SEC. 8.—Finally, the coercive procedure of section Sis declared applicapie to every case 01 vacancy without a bishop recognized by the State occupy- the chuir, | vent an unjustifiable adjournment of the definite reoccupation of the Cathoiic episcopal sees. How- ever, ua there may be plausible reasons in some | instances tor such delay, the right 1s reserved to the ecclesiastical mimster to prolong this period (uxed at @ year), Sec. 9.—This paragraph regulates the rights of the Commissioner o1 the State reiative to the ad- | ministration of temporal anairs, with which he is. charged by section 6. The commissioner has not | only to secure the property and to hold the rev- | enues, but be also invested with all the adminis- trative rights oi the bishop whose place he takes, | bishop lumsélf; that 18 to say, U he does not pro- ceed in this im 4 manner contrary to the law. | These rights of the commiswver extend | notably wo endowments, legacies, &c., whose ad- ministration belongs to the episcopal see or to any | titulary thereof, But, beside poses—in cases where it ig necessary to keep ac- counts, because a regular diocesan administration is needed—to transier at the same time to the com- | missioner the high administration and surveillance | belonging to the bishop upon the temporal-ecciest- | astical in all episcopal resorts, inciuding the cura- | | cles, chaplaincies, vicariates and en‘owments. | That appears to be the more necessary, as the | approbation of the high ecclesiastical officials and the legal validity of a series of Lmportant arrange- ments upon the temporal affans of the Church are made to depead upon the law of the land—for in- stance, the loans of capital, the withdrawal of | qunds, the conduct of legal suits, &¢.; conse- | ee the Legisiature of the country has both | the might and duty to take this into consideration, for in @ case Wiiere there was & fanit ou the part of @ high ecclesiastic tuts necessary permission would not be given. Sxc. 10—As the administration of the Commis- sioner is intended to end, a8 section 10 prescribes, 4g SOON as Satisfaction Las been given to the law, itis necessary that ne be disinterested. As the commissioner administers by virtue of a commis- sion given by the state according to law, he can- | not be held responsivle for his administration ex- j cept to the authorities of the State, and in no way before a bishop who may subse quently occupy the living, It will also be requi- | site, jor the proper continuation of the | Commissioner's administration that some one in- | terested and authorized by law examine and audit | the accounts, Consequently the case 18 provided | 1orin section 10, No. 2, of the law 0: May 27, 1872, on the duties of the High Chamber of Accounts, ‘The | law rendering the revision of the account obliga- | tory by this High Chamber and the power oi sec. | tlon 2 is also excluded; acthe same tune the most complete guarautee is offered in order that the | revision of the accounts may be made by an au- | thority whose organization does not permit of ob- jection touching a knowledge of the cause and impartiality. Sec, 11.—A journal, ae known the time of | entry on his duties of an episcopal bishop, legaliy | lustituted, as well as the introduction and the | term of administration of a temporal commis- | may concern, Sac.12.—igtas been remarked above in several | Instances that the nomination of a commissioner for the management of the temporal affairs of a vacant episcopal see ought to huve the power of | legally electing au ad interim manager of the rights exercised by the bishop or to refill the , | see by a titulary, according to law. It will be seen | | by this measure (nomination by a commissatre) that the conditions set iorth in the law now pre- | | sented ought to be adopted without havin; gard to this; that a temporal or ecclesiastical ad- | ministration might be established in the diocese in question, Thas, iollowing the prescriptions ol the | Tridentium (see section 1) to nominate special stewards or where a chapter takes upon itself the | administration of the temporal affairs, the proper episcopal authorities existing here and there for | he administration of the temporal would remain im office—the prescriptions of sections 6 to 11 | being no jess applicable in the conditions stated by these paragraphs. The disposition of section | 12 leaves no doubt on this head. SEC, 13.—As to the members of a grand chapter | Who reiuse to conform to the law, tueir allowance, | | paid with the sunds of the State, may be withheld | until they have satisfied tne law, as section 13 | prescribes. This measure is needed to render intact the free action of the chapter in the re- remainder of the law. As it Would not be just, however, to coniound the innocent with the guilty, the power {8 reserved to the Ecclesiasticat Minister to except from this rule those memoers of a grand chapter who shall prove to the govern- ment of the State that they are not guilty of the violution a8 committed by allegation against the whole body. Sxos, 14-19.—These paragraphs have for their | object, in cases where the administration recurs | toa State Commissioner—i. e., where 4 religious | diocesan administration is not legally established, or no longer extsts—to offer the parishes the poasi- | bility, if vacancy in the employ of the curé oc- curs, of obtaining a new pastor, ‘The necessity for such @ measure 18 demonstrated in tne general portion of the above expos’. It is important also of the law apply not. only t cases shown in sections 6 and 7 dna to | those of section 8, because in the latier case | there is an Episcopal Vicar euperated who, in con- | sequence, can exercise validly the be ges | rights of employ¢s, and which the law of the State imposes on the superior ecclesiastics. Section | 14 1s to serve as an act Of justice to the parishioners, | who, on account of their superior ecclesiastical | tunctionaries, have been deprived of a pastor. | Particularly the fourteenth section proposes to give to those Who possess the right 01 presentation | or of nomination to a clerical living the power of refilling that place on his part, or ef placing a temporary minister in the living. In this case he will necessarily have to be guided by the prescriptions of the law of May 11, 1873, relative to the education and the nomination of ecclesiastics, as ordered in section 15, But if, having the rigat | to deiay the nomination for a timited time—which section 16 proposes to fx at two mionths—he does not use the power belonging to tim, or if he has not that rignt to delay, then the power ought to recar to the parish itself, in order that a new pas- tor may be elected. The dispositions on this tead tu section 16, and continued in section 17, aiso at- tach to the prescriptions of the Leche right of the country (sections 353-356), and grant certain | modifications, according to circumstances. In order | to assure, also, in case of a parish election, the | observance of the prescriptions of the law of May 11, 1878, the prescription of section 18, for the nomination of @ representative of the parish, is necessary. Section 19 pronounces that an ecclési- asttc called to an employ couformably to the dis- positions above stated, and against the nomina- tion to which opposition has not been made by the President Superior, ought to be considered a8 legally nominated, Secs. 20-22,.—In that which concerns the final dispositions contained in these two paragraphs one remark Will suffice relative to section 20 10 Ubis sense, Lnat the application of the law is equally prescribed for the case set forth in this paragraph, where an episcopal see may already have become vacant by @ jualcial arrest before the promulga- tion of the present law. That is justified by the Jact, several times repeated above, where public order has been endangered and where an imme- dtate and direct intervention ts demanded in the interest of the public, WHAT WILL BE THE EFFECT? ‘The practical effect of the new laws, which are drawn up in a@ spirit of terrib:e earnestness, will be to place the Catholic Church in Prussia abso- lutely under the control of a Protestant sovereign and his Ministers for the time being, so that there shall be no refuge even in retigion irom the tem- poral power, For the present I will only state the case of the Prussin government as it has been placed before me by Prince Bismarck and trom other sources of information. THE ARCHBISHOP OF POSEN. the Ledochowski, dented event, tried before now proceeding, is an unprece- His Grace the Archbishop ts being @ new tribunal, instituted to try @ new offence—an offence not even contemplated by the constitution of 1849, He ig, thereiore, being tried unconstitutionally uader > where a see remains vacant for more than a year | ‘rms arrangement 1s necessary to pre- | Consequently he may make expenditures like the | ction 9 pro- | to specially observe here that the dispositions | Tiearn, for instance, that the trial of Archbishop !! | constitutional institutions! A complete organiza | Mon for the administration of justice in eccleslasti- cal cases incident to the affairs of the Evangelical | Church hag tong existed in Prugsts in the coucrete | shape of 4 HIGH COURT OF APPEAL, the members of which are clergymen, who are at the same time government oMciais. But, inasmach as the Catholic Church in Prussia hag hitherto en- joyed a constitution of ite own, secured to it by an agreement with the Holy See, equivaient to a treaty between secular Powers (though not identi- cal with @ concordat which would exist bevween the Papacy apd @ UVatholic Power), | the State, being suddenly cailed upon to | deal with tne imuer ecclesiastical life of the | Roman Catholic Church in Prussia, found itself considerably embarrassed to effect this object in a manner compatible with the spirit of the age, | which does not at present admit the frequent practice of buruing priests for want of complete subservience to official persons, SUBJRCLING THE SURPLICE, A resolute attempt is therefore being made to oMcialize the Catholic clergy in Prussia as the Protegtant clergy have been oficialized and to | Make them simply servants of the State, not ser- | ants of Heaven. Priests are to be examined in | the same manner as competitors for situations in | the custom house aud the excise, and the sanction of the King of Prussia or the deie- | gates of his authority ts henceforth to be | legally necessary to every nomination to a | benefice or cure in the Catholic Church. | This will, as experience abundantly proves, lter- ally place men’s souls as well as their bodies, Jor- tunes and characters under a tyranny of small | clerks. When the project above mentioned was made known to the Roman Catholic bishops in Prussia they answered, “No, we will not obey this Jaw. We hold the right to ordain priests direct from God. We will give unto Cwsar the things which are Crsar’s and to God the things which are | Gow’s, These thingsare not Cxsar's.’ Then says the government ‘We must put these laws into effect, and we mean todoso, Ifyou | bishops will not conform to them we are em, imprison yon for every iniraction of them. Will do 50.” We PENAL EXACTITUDE. And let there be no wistake on this subject. The Prussian government, as at present advised, will exact any amount of fines which tne tribunals tm- pose in accordance with the May statutes to the last farthing, and it will keep non-coniorming bishops in prison for the full term of their lives j Tather than give way. The point in Archbishop Ledochowski’s case is | this:--His Grace is to be tried Jor refusing to pay a | fine imposed on him by the judges of the land, and itis alleged that the Archbishop is a State oficial | who has taken the oatus of fealty, consequently | his refusal to pay a fine exacted by the Crown 1s construed into a breach of his oath and a disobe- dience of the laws he has sworn to obey. Possibly what he should or might Lave done would have been to pay the fines under protest, and then to have proceeded against the government tor illegal enactments, contrary to the tenor of an exist ing agreement wita the Holy Se THE CHARLESTON RACES, | Second Day of the Spring Racing Meet- ing—Hitchcock’s Boone Filly the Win- ner of the T'wo-Year-Old Purse, Lime- stone the Dash of Two Sliles and Ortolan the Mile Heats. CHARLESTON, S. C., Feb, 27, 1874, | The second day’s racing has shuwn no abate- | Ment of the general interest manifested in the great sporting week. Trains trom the country | continue to bring numerous visitors, and the track is densely thronged by ail classes and complexions of people. The hotels are tironged and vehicles | Oi any kind cannot be had for love or money. The | weather is delightful, and the scene at the course attracts universal attention, even to the abandon- ment of business, Kveu the courts adjourn early to afford an opportunity to the judges, lawyer: | jurymen and Witnesses to attend. southerne: | are born followers of fortune. They speculate | easily, aud there are men here who are risking sioner, 18 required in the interests vi all whom it | their last dollar, while tuey are uncertain of their next meal. ‘fhis is what makes the occasion more than usually interesting. DASH OF HALP A MILE. The first race was @ haif mile aush for two-year- olds, jor @ purse of $200; $150 for the first Lurse, | $80 tor the second and $20 for the third, The entries were Hitchcock’s brown filly, by Boone, dam Meanuess, by Brown Dick: Lewis & Uo.’s bay | mare Vandahte, by Vandal, dam Vesper Li, ; br. Weidon'’s chestnut filly Mortgage, by Sohhate Hooper, dam unknown; T. G. Bacon's chestnut | filly Flower Girl, by Australian, dam Neutrality, by | Revenge. Tne betting largely favored Bacon's ; entry, which is @ Soutn Carolina horse, aud odds | Were about 2 to 1; but in the race the Boone filly came in first, showing compiete control of tue | track. ‘The time made was 52%, Vandalite second, Flower Girl third, Mortgage fourth, SUMMAKY. WASHINGTON COURSE, CHARLESTON, 8. C., Feb. 27, 1874.—SPRING MEETING OF THE SOUTH CAKOLINA | ducky CLUB—SE0oND Day—Fikst Race.—Dash ot | hali a mile, for two-year-olds; purse $200, of which $150 to the first, $40 to the second aod $20 to the tuird horse. | L, A. Hitencock’s br. by Boone, dam Mean- andalite, by Vandal, ness, by Brown Dick. A, B. Lewis & Co.'s b. dam Vesper Light. T. G. Bacon’s ch. f Fiow ‘dam Neutrality. SRILA MOLT Te | Dr. Weldon’s ch. 1. Mortgage, by Johnnie Hooper, dam unknown......... Time, 52%. DASH OF TWO MILES, ‘The second race was @ two mile dash for all ages, for @ purse o1 $300; $200 to the first horse, $79 vo second and $25 to the third, | The entries were Hitchcock’s chestnut colt | Limestoue, by War Dauce, dam Transylvania; | Lewis's Joe Johnston, by Hunter’s Lexington, dau by Oliver; Jordan & Wilson's Revenge, by Reve- | nue, dam unknown; Colonel Bacon's Jim Hinton, | by Rogers, dam by Leviathan. The time made | an this race Was 3:51, biwestone being the winner; Kevenge second, Jim Hinton third and Joe Jonn- stoo fourth, The first two ran pearly head and | head, SUMMARY, SAME Day—SECOND KACE.—Dash of two miles, for all ages, weight for age ; purse of $300, of whica | third horse, | L.A. Hitchcock's ch. c. Limestone, 4 years old, | “vy War vance, dam Transylvania.............. | Jordan & Wilson's & g. Revenge (Sorrel Dan), aged, by Revenue, dam unknown............ Colonel Bacon’s b. x. Jim Hinton,6 years old, by Sogers, dam Mme, House. , <9 : A. B. Lewis & Co.’s b, c. Joe Johnson, 3 years old, by Hunter’s Lexington, dam by Uliver.... ‘Time, 3:51. MILE HRATS. The third race was mile heats for all ages; purse $250; $200 to the first, §30 to the second aud $20 to the third horse. L. A. Hitchcock en- | tered Fire Ball, by Lightning. dam Dixie, by Sov- | eveign: A. B. Lewis & Co, entered bay horse Orto- | lan, six years old, by Doneraue, dam Canary | Bira; John Hawthorne entered ‘Lone Star, six years old, pedigree unknown. ‘tached to Ortolan that rT, the fleld command: So much favor certainly | ail pools were sold in his a ing only small prices, The race was warmly con- tested by Fire Ball, a horse of attractive points, | and he made a brave Oght; but when Ortoian was let out he seemed easily to rasa ahead of his com- | petitor, and took houors in both heats, The time ‘was 1:50, the last horse being distanced, SUMMARY. Same Day—Tuirp Racg.—Pavilion Hotel Purse, $250, for ali ages, of which $200 to the first, $30 to 1 2 3 4 A. B, Lewis & U0.’a b. nh. Ortolan, 6 yeara old, by Doneraile, dam Canary Bird.... eon B L, A. Hitchcock's gr. h. Fire Ball, 6 years oid, by Lightning, dam Dixte. eeeee 2 Joln Hawthorne’s Lone Star, 6 years oid Time, 1:50—1:52, A HUMANE LABOR LAW. Passage by the Massachusetts Senate of the Bill Prohibiting the Employment of Women and Children More than Ten Hours a Day. 2 8dis Boston, Feb, 2%, 1874. Hour bill to engrossment by a vote of 18 to 14, it provides that women and children under eighteen years of age shall not ve employed in establishments for the manufacture of textile labrics, threads, yarns or worsteds more than sixty hours a week, or an average often hours a day. isach offence ts punishable by a fine of $50. “WOODMAN, SPARE THAT TREE\" The Paddock Eims of Boston Remorse- lessly Cut Down, Boston, Feb. 27, 1874, In conformity with a municipal order the famous “Paddock Eims” on Tremont street, were cut down and removed to-day. A great crowd wit- nessed the operation, The Natural History Society is to have a sectuon ol the iargest tree for preserva- tion, a8 showing the largest Knglish elm that ever grew in Boswa. powered by the May statutes to fine you and to | | $200 to the tirst, $75 tu the second and $25 to the | the second and $20 to the third horse; mile heats. | 1) Savurday. 2 | The Massachusetts Senate has passed the Ten | “BIG FRANK'S” FATE, Interview with the Newcastle Con- vict in Philadelphia, HIS STORY OF THE ARREST. HIS RETU. TO THE JAIL. Reticence as to the Manner of Escape. PHILADELPHIA, Feb. 27, 1874. I went down among the cells of the Ceutral Police Station this aiternoon and interviewed she notorious “Big Frank.” 1 found him in ceil No. 4, sitting upon a rude bench, perusing the columns of a daily journal. As the door swung back upon its hinges and as I entered tne place Frank arose from his rough seat and earnestly regarded me, As 1 stood face to face with the prisoner and as the door was closed bee hind with a bang, leaving us alone, I could scarcely help expressing surprise. BIG FEANK’S GENTEEL APPEARANCE. “Big Frank,” ag he stood before me, was the direct opposite of the “Big Frank’? whichin my mind I had supposed him to be. 1 had anticipated meeting @ physical giant, and one upon whose face would be found the marks of dissipation and crime, I found in him nothing of the sort. On the contrary, I conironted one whom, if met upon the street, I would have iustantly regarded as a gentie- man. He has @ figure that is tall and somewhat stooping ;@ lace apparently open, {rank and covered with a tnin, reddish bear forehead high, broad | and graceiuily defined; a bright, keen, pene- | trating eye; a frame the every motion of which | was neitner awkward nor considered; an address that was courteous and somewhat dignified. Such is the notorious “Big Frank,” the stigmatized | thief, burglar and murderer, who stood be- | fore me, and such the general appearance and | manners of the man who quietly stepped forward and extended his hand. THE SCENE IN THE CELL. The place was not entirely dark, for a few ray of light, creeping through a solitary window, wrought here and there a few bright shadows upon the sombre floor. A dull, heavy atmosphere pervaded the apartment. Accepting his invita- tion to ve seated { took @ position apon the rade bench close by his side. Letting the paper he had held in nis hand listess\y ial upon his lap he listened to my hasty introduction and said that he Was glad to meet me. . “L have just returned from Newcastle,” I said, “and saw the Warden and Shertt yesterday, The | Warden’s statement is puolisted in the HERALD oi to-day, and the Sherif has nothing particular to communicate.” DISAPPOINTMENT OF THE NEWCASTLE PEOPLE. “Oh! said Big Frank, crossing Ms legs care. lessly and running his hand through bis beard, “chose people down there are peculiar persons, and I really do not suppose that they are at all anxious to get me back. You ought to near how they discuss taxes aud all such things. The jail seems to be a burden upon the community, and I nave no doubt that our escape relieved them of a somewhat heavy barden."" “Did not your arrest surprise you?” said L, A PRACTICAL FATALIST, “My arrest is fate!” he answered, Knitting his brows and fixing his eyes eteadily upon me. “4b ia late! late! Jate!—simply fate and nothing else. That fate which begins with the career of all such creatures as mysell, which joliows us mght and day lke & shadow, which ipterrupts our private peace, Which disturos our dreams, and which finally brings us down hece ta sucn @ place as this. it 18 this fate which holds me now a captive, A MOST REMARKABLE ARREST. “Listen to the story. No wore remarkable arrest | can be found in criminal record. No matter where | Thad my quarters after ny arrival tn Philadelphia, suffice 11 to say that at thé moment of my capture 1 had only been in daylight for five minutes, Lsaw a horse car passing down Master street, and, upon jooking at it, saw a man steadily gazing at me from one of tue windows. I lelt uneasy, though I did not recognize the face, and stepped in the first saloon I came to. I was forced to come out, in order to get something to eat. You know what followed. Tne man found a con- stable and arrested me. Think of it! Had Icome out of the ce Where I was staying one moment later the could not have taken place. Had the car not been behind time to-day, instead of be- ing here I would have been free. The man who recognized me is @ resident 01 another city, He passes down Master street only once in so many years, aud yet this man, at the hour, nay, at the very moment, | appear upon the street, recognizes me and brings me to ths dreary cell, sir, it is fate, fate, and nothing less.’" BIG PRANK ON THE POWER OF THE PRESS. Big Frank was disheartened and despondent. His confinement at Newcastle had cast upon his face a pale and unnatural cotor, and the general sppearance of the man indicated langour and fa- tigue. “You of the press,” said he, “wield an awful power—an awiully immeasurable infinence. You can Hit @ man up or you can pull him down, for tn your bands humanity is @ toy, which you can hurt | this way or that way at ‘your will, | But,’ he continued, drawing nearer to me, “don’t put @ fellow down lower than that low posi- tion in which his fate always locates him, won't’ | do this. Don’t heap upon my shoulders any fur- | ther disgrace than that which 1s already heaped upon them by the law. Don't ransack my career inorder to show how each step of my Iie has ee but surely brought me to this jail on! t— f oe him my assurafice that I had come for no such purpose, and that my time would not in such wise be employed. I told him bry the con- trary, | had come to see whether he had anything to communicate to me. THE PART PLAYED BY FRAZIER. “T am well,” he returned. “I siept comfortably last night, Idon't know what will be done with me. I believe this is all [ have to communicate. I can think of nothing more just now.” “What about Frazier?” 1 asked. “The Sheriff tells me that he was the main instrament in effeot- ing your release.”” “Yes, He served us alls gooa turn,” Frank re- plied, “I never knew bim belore I met him in prison, He did aid us materially."”” TAR WOMAN, THE TUG AND THE CARRIAGE. “And the woman and the tug f” I suggested, ‘Simply @ piece of romance,” he returned, “What about the carriage found at Holly Oak Station 7” I asked, “J assure you," said he, “that I had no connec- tion whatever With the carriage.” “I presume that when you were rescued part of your party went one way and part another 1”? “A Very Rood assumption,” he answered, “for | our friends, alter we were once free, would not care to risk the probability of being seen with us.'? “A rumor Was afoat last night that your com- panions were arrested.” “It was sheer nonsense,’ said he, “to ti that they were still here, They fled ‘hours before was seen. It was fate that detained me; fate that delayed the horse car; fate that put that in one of its seats; fate that caused him a! ucular moment to look out of the windo' toat I should go tn a saloon opposite or near an alderman’s ollice; (ate that a constable should be there at such an bour, and fate that prevented mo trom escaping his toils. It was fate trom begin- ning to end, und of fate I am now the victim.” No word could be got from him of the method of the escape; of the means by which those within communicated With those without; of the depart. ure or Whereabouts of nis comrades. The cell was dreary and uncomiortable, wale Frank was dull and despondent. NEWCASTLE'S COLDNES@ TOWARD FRANK. Lie(t him there alone, and no sooner had | passed | above when | saw Sheri? Armstrong, of Newcas- tle. Tne Chief of Police of this ci*y bad telegraphed him to come up early this morning, and the Sheri | inaifferenuy responded that he would come up on! ‘The Chief of Police then sent back word | saee if the authorities down ee lt eateagd him they must come up at once, an Captain Thompson went below With Sherif Arm- strong and held in bis hands a pair of handcuds, “Frank,” said he, “i am sorry to piace these upon you,” “On, well,” he Lid pena ptl aos ane “you might a8 well do 1i as any one else, they took Frank irom his cei and placed him in a carriage. THE NAPOLEON OF THIEVES, As soon as he Was seated, and alter the carriage was upon its way to the depot, Frank said :— “The fates are against me. Napoleon at Water- loo wished for either darknessor Grouchy, and so was it with me yesterday, 1 wished tor darkness or ie did not finish his sentence, When they ar- e a Ir i rived at the Baitimore depot an immense crowd: awaited them and hundreds thronged about the, prisoner to catch a glimpse of his lace. clad) freight car had been provided, and we ‘sherut nd! his deputy, Placing Frank within, entered it, tne’ decor being firmly locked behind them. What may, happen between this point and Newcastle no one knows, Perhaps all will be well, Big Frank’s Arrival at t Newcastie Jail—Great Excitement Among the In- habitants. NEWCASTLE, Del., Feb. 27, 1874, Big Frank was placed in his ceit at a quarter past seven this evening. He was very drank. The iidest excitement prevails. He refuses to give any pant Of the escape of himself and nis com-