The New York Herald Newspaper, October 5, 1874, Page 3

3 ei and to ascend with them to the contemplation of effects which can be traced ouly to the universal cai The places assigned to these two great writerg by McDermott (whose thoughts 1 have also given): does not determine arbitrarily whether it naa : NEW YORK _HERALD, MONDAY, OCTOBER 5, 1874.—TRIPLE SHEET. THE POLITICAL FIELD. anda victory for Campbell, as far the control S H AKE SP E AR E. ‘ple Of the State. The President’s judgment upon it, as soon 4s pronounced, binds the Governor, the people and every one cise, as Mr. O’Conor admits, How, then, can tne President, by a second judg- ment, in a controversy between the same parties, of the District Committee 1s concerned. If both those gentlemen run tiere might be @ chance for @ third party to slip in, a8 Patten 18 popular and Strong im the district. Jacob Seebucher, late Deputy Sherif, 18 also # candidate. In the Fourteenth there seems to be no doubt of the Letter from Reverdy Johnson in Reply to Charles O’Conor. WAR OF THE LEGAL: GIANTS. Can the President Reverse His Decision ? BALTIMORE, Oct, 2, 1874, JaMES GORDON BENNETT, Esq., Editor of the HERALD:— DEAR StR—By the letter of Mr. Charles O’Conor Of the 26th ult., published in your issue of the 30th, Ifind that he differa with me upon one of the points contained tu my communication to you on the Louisiana diMculty, 1 have considered the Feasons given by Mr. O'Conor in support of ais view with the attention due to nis conceded ability a3 @ jurist, and am yet compelled to ad- here to my opinion. Mr. O’Conor admits that, precise and guarded as ts the constitution of the Uuited States in reference to the power of the President tu interpose in the case of domestic vio- lence when called upon to do so by one who claims to be the Governor of a State in the recess of its Legislature, his duty to interpose is imperative if he is satisfied that the person making the call is the Governor, He therefore necessarily con- cedes that, when the President acts upon Buch @ cali and then recognizes the authority of the person making it, his act is binding upon everybody. As Jar, then, as the people of Louist- ana andthe people everywhere were concerned the President’s original recognition of Kellogg @stablished the fact that he was Governor, and, a8 Buch, entitied 10 obedience. And this is per- fectly independent of the fact whether the Prest- dent decided correctly or not, So tar Mr, O’Conor concurs with me, and, Lt believe, with the univer- Sal opinion ofthe country. He parts with me only in the view which I have taken that the President’s decision, when once made, is as con- elusive upon him as Mr. O’Conor admits it to be upon everybody else. His doctrine is thatthe Presiaent may change his decision in such a case asoften as he may change his opinion upon the fact, ask your indulgeuce for a few words on this point in support of my own view. Furst—How does the question stand upon prin- ciple? Ifthe Prestaent uuder the constitution is bound, in such an exigency as is supposed, to de- termine who 1s te legitimate Governor of a State, it seems to me to follow that when he does 80 decide his decision should be foal. If not final he ig avhberty to change it afterwards as ojten asTie' May deem proper, How, then, would stand the acts of the Governor originally recognized in the interval between such recognition and the President's subsequent change of opinion? Are such acts to be deemed nullities? Can the people ofaState, who may have been aggrieved by the | course of the Governor, call him to account for @ny injury they may have sustained, upon the ground that the President’s subsequent recogni- tion of some one else conclusively determines that he was not the legitimate Gov- ernor? And these suggestions are equally ap- Plicable to the Presicent’s recognition of the Legislature of a State when a call is made upon him under the constitution by that department. He changes his opinion afterward, on becoming convinced thatthe body was not legitimate, and recoguizes some other vody as the Legislature. If be bas a right to a0 this one week or one montn After his first decision he has the rigit todo it alter any laspe of time. Are all the laws passed by the Legislature in the interval between his first decision and his subsequeat reversal of tt to be q@eclared void’ Are the rights which bave grown out of such legislation to be annulled? Are all the debts contracted by the Legislature or under ite authority to be repudiated? I thiuk all will admit that this cannot be sound doctrine. And if it is not I see no reason for imputing error to it, except by supposing that the ret decision of the President on the call of a Governor or a Legislature 18 as conclusive upon bim as Mr. O’Conor adwits it to be upon every one else. Should the President who recog- nizes a Governor cease to be President, could his successor, when called upon to suppress violence, refuse to recognize the same oficer and aetermine that some other person was Governor? Suppose the President refuses to recognize the person first making the cail, and subsequently recognizes another as Governor, can he alter his last decision and reinstate the first man in office? It is, in my Opinion, obvious that such changes were never contemplated by the constitution. Mr. O’Conor is, as 1 gather from his letter, what is termed a atrict constructionist, as contradistinguished trom @ Mberal constructionist of tke constitution, 1 never could comprehend the grounds upon which auch a distinction can rest. The constitution, like every other written instrument, is to be construed according to the ordinary and usual acceptation of the terms used. A different rule necessarily leads to contusion and error. To pare down the meaning of the language used bya literai con- struction of it will often defeat the very object whieh it was designed to accomplish. Too strict an interpretation, as well as too liberal an inter- pretation, is not a legitimate construction at all, but, indeed, a misconstruction. This view was taken by the Supreme Court in the case of McCal- lough vs. Maryland (4 Wheat.), and has since been maintained in various decisions of the same tribunal and by every text writer on the subject. Agreeing with Mr. O’Conor as to the danger to De apprehended from a centralized gove:nment, or from the power of the President to inter.ere at all with the government ofa State, I can, at the | game time, imagine no doctrine tv be more cen- tralizing than the one he has asserted. The power | to interfere once, which the constitution clearly gives, may, in the opinion of some, be a dangerous one, but the power to interfere from ume to time, according to the varying opinions of the Pri dent, is to place the State government entirely in the discretion of the President. By this doctrine he might make and unmake Governors, make and unmake Legislatures, ind use the army and mavy of the United 3iates to maintain by force nis changing decisions, If the authority to act once may be periious, the authority to con- tinue to act seems to involve extreme peril, and, indeed, to be fatal to the States, But the power to interfere once, in the view of the constitution, is not a perilous one, and is not only important, but essential to the peace and safety of the States. In the Federalist (No, 21, written by Hamilton) the necessity for such a power is clearly pointed out. Its existence was made an objection to the ratifi- cation of the constitution, and Hamilton, in the paper referred to, met it successiuily. Alter Stating that the objection arose in the minds of some from “the inordinate pride of State impor- tance,” he adds that if it prevailed “it would deprive us of one of the principal advantages to be expected from union.” Mr. O’Conor’s reference to the practice and au- thority of courts to change their opinions of the law, 80 far from maintaining his doctrine, is, in my view, directly opposed toit. Analogical rea- soning as often leads to erroneous as to correct conclusions. The facts are very seldom precisely the same, and where they are not the legal resuits are seldom the same. It isnot true that a court Which has pronounced a judgment bas a right to reverse itand pronounce another when the time has passed within which a review may be had. ‘The first judgment in such a case must necessarily be final or there would be no end of litigation, The instances particularly referred to by Mr. O’Conor of the two cases in the Supreme Court involving the constitutionality of the Legal Tender acts illustrates this, In the first case the acis were held to be unconstitational and, in the second, constitutional, But this sec- ond judgment in no way impaired the validity of the first, Asto the partiesin the first case the second judgment had no effect whatever, their rights having beet fnally establishhd, To apply this rule to the case before me, the parties in the controversy brought before the President are the persons clairaing to be tha Governor and the neo- -make them man and wile had been named. | arrived here yesterday morning. | await presenting precisely the same questions, reverse bis first ruling, so as to affect them or impair any rights vested in either party by virtue of his orig!- nai action? Second,—How does the matter stand on author- ity ? In the case of Aspinwall vs, Knox County 21 Howard) the facts were these. Under a law passed by the Legislature of Indiana the Ohio and Mississipp! Raliroad Company was chartered and the twelfth section o1 the charter authorized Knox county to subscrive for shares in the company if a majority of the people of the county should ap- proye of it, and, by the second section of a sub- sequent act the Sheriff was directed to give notice oi the time of hoiding an election, to enable the peopie to pass upon the question. The Commis- sioners of the county, professing to act under this authority, did subscribe, and the bonds in suit were issued in payment of that subscription, The county objected that ihe bonds were iile- gal, because proper notices of the election had not been given, and this fact was assumed to be trae. Toe Court below and the Supreme Court decided that the jact was immaterial. The ground | of this ruling was that it was necessarily leit to the Commissioners of the county to decide whether notices had been properly given or not, and that, having decided it by issuing the bonds, the de- cision was final and binding upon the county, This rultug has been recognized in several subse- quent cases by the same tribunal, ‘rhe adoption of the constitution of the United States was sub- mitted to conventions of the people of each State, and was by them, respectively, ratified. Could any State, aiter such ratification, have withdrawn it’ Was not its action final? Mr. O’Conor will, 1 take for granted, admit thai it was. In the case of Virginia vs. West Virginia (11 Wallace) a ruling was made by the Supreme Court, which seems to me to be strikingly appiicable to the point under examination. The original State of Virginia had been divided into two States, called, respectively, Virginia and West Virginia. The counties of Berkeley and Jefferson were not included in the then boundaries of tue latter State, but Virginia afterward, by law, authorized the people of those two counties, at elections to be held in the manner prescribea, to determine whether they would remain in that State or be annexed to West Virginia, ‘Ihe returns of these elections were directed to be made to the Governor of Virginia, and on his being satisfied that the elections were lair aud in all respects legal, he was to certify the resnit to West Virginia. West Virginia that the two counties had deter- mined to become parts of that State. Aiterward the State of Virginia filed a bill in the Supreme Court of the United States against West Virginia to recover possession of the counties, and in sup- port of the claim alleged that the elections were never properly held, but were fraudmlently con- ducted, and that the Governor’s decision was because of his having been aeceived as to the fact. | The Court on hearing dismissed the bill, bolding that the decision of the Governor was conclusive upon the point in controversy, no matter how iliegal the election may have been. The language of the Court 1s:—We are of opinion that the action of the Governor is conclusive of the vote.” And yet, if Mr. O’Conor’s doctrine is correct, how could Virginia have been heid bound by the action of its Governor, ov- tained by means ol fraud and contrary to the clear intent of the statute under which he acted? If the President has @ right to reverse or recall a decis- jon of his on the matter in question, why should | not Virginia bave been authorized to retain within her limits the two counties referred to if she could ; make it appear that they were dissevered irom her without her authority and by means of trick or contrivance? Upon the whole, then, I conclude that Mr, O’Conor’s view hag no support, either in principle or on authority. With much regard, your obedient servant, REVERDY JOHNSON, THE LORD MAYOR, Numerous visitors ca!led on the Lord Mayor and Lady Mayoress at the Windsor Hotel yesterday, and regrets were conveyed to tbem that their stay in this city would be so limited. Tne Lord Mayor attended the morning service at the church of the Rev. Dr. Hall, Fifth avenue, of whose congre- gation he was a member when the reverend gen- tleman offictated in Dublin some years ago. The party enjoyed a fine drive in the Central Park in the afternoon, The Lord Mayor, in expressing his admiration of Niagara Falis, says the specta- cle Was well worih crossing the Atlantic to be- | hold, To-morrow night ue will deliver nis lecture on “Oliver Goidsmita”’ at the Academy of Music in ald of a local chamty, and on tne following day will sat! tor Europe. Major Leech, captain oi the irish team, with a few members of the visiting party, leit the city for Niagara Falls on Friday Jast, several members of the team intending visiting the cities of the West prior to their return home. THE SUICIDE AT THE COSMOPOLITAN HOTEL, A Love Affair—Disappointment the Al- leged Cause. The name of the man who committed suicide at the Cosmopolitan Hotel, Chambers street, by Swallowing a quantity of poison, it appears was not McKinley, as at first reported, but Andrew F. Pickens, late a resident of Middleborough, Mass., some thirty-four miles from Boston, Deceased, who was twenty-seven years of age, was formerly a Clerk tn this city, and while thus employed formed the acquaintance Of an estimable young lady living @ jew miles distant on Long Island, quaintance subsequently ripened into love anda Marriage engagement was the pesult, and the day for the periormance of the ceremony which ree 2 Saturday, the 26th ult., Mr, Pickens le:t home tor New York tor the purpose of being married, alter which he was going to Philadelphia on his wed- ding tour, Mr. Pickens arrived in this city the morning following his departure from home and stopped at the Cosmopolitan; but concerning his movements during the week little seems to be known. One day, while he was at the hotel, two ladies called to see Mr. Pickens, but their names and places of residence did not transpire. As far as known, Mr. Pickens Was not married, and it is supposed thas | some disappointment in relation to that event Was the motive which prompted seli-destruction, Previous to swallowing the jatal draught deceased left the name and address of his father in his room, and that gentieman, being notified by telegraph, time the remains had been taken tn charge by Coronor Woltman and sent to an undertaker to | Deputy Coroner | the arrival of friends, Marsh made an autopsy on the body, and found that death resulted irom ladanum poisoning, Last evening Mr. Pickens took the remains of his son to Massuchusetts for interment. THE SUICIDE MANIA, About eight o’clock on Saturday evening, while the Hamilton avenue ferryboat New York was on the way to Brooklyo, and whue passing Governor's Island, an unknown man about thirty-five years of age, five feet eight inches in neight, dressed in a suit of black clothes, Jumped trom the front of the vessel, The boat was immediately stopped and w IWeboat lowered, with two of the deck bands. The unfortunate Man sunk, however, before they could reach mim, ‘the body was not recovered. The nat of the deceased, ot black felt, is at the Butler street police station house, Wiliam Rollins, residing on Irving place, near Putnam avenue, while laboring under an attack of temporary insanity, attempted to commit suicide by swallowing a large dose of opium at an early hour yesterday morning, Mr. Rollins, who 18 twenty-eight years of age, was attended by three physicians, Who pronotnced the case hopeless, le was removed to the Brooklyn City Hospital. THE OZAR AND THE MENNONITE SECT, {From Galignani’s Messenger, Sept. 24.) In order to induce the Mennonites to remain in the country, the Russian government, as already stated = in brief, through the medium of General Todieben, has undertaken to exempt them from all military service. They are to be liable to employment as surgeons and at- tendants in military hospitals removed Irom the Seut of war; algo to service as foresters and fire- men, but are in no case to bear arms, They will likewise be Hable to serve in the government worksiops, but will not be employed in the manu. facture of arms, and will receive iustruction which Wi be useful to them im after life as agriculturiats or mechanics. The elder with whom General Tod- leben conlerred expresses nis conviction that the Mennonites can now stay in Russia wilbout fear of any Vioience to their reiigious convictions, and it tg expected that those settied by the Volga will Unanimonsiv consent ty remain. | William H. Wickham will receive the Tammany This he did, and advised | The ac- | In the mean. | Prospective Tammany and Republi- ean Slate in This City. The United States Senatorship and Fight Over the Assembly Districts. The hum of political preparation and warfare grows louder and louder as election day ap- proaches. The first Tuesday after the first Mon- | day in November falls on the 3d this year, so that | the grand struggle for ofice will take place ai an | earlier date than usual, The clarion notes of | leaders of botn parties are heard siong the lines night and day marshalling their followers and giving instructions as to the plan of battle. Caucus | and public meeting are tne order of the day. Shortly we will have transparencies, gunpowder | and calcium lights to help along the general | tumuit, In many of the wards and districts bit+ | ter wrangling of would-be statesmen indicates the anxiety Jor place and emolument. TILDEN OR DIX? The State canvass now fairly opens, ana it is | Singular to notice the peculiarly opposite and ob- | stinate opinions expressed by the two parties. } There are always astute political calculators on | both sides who can give you figures, statistics and | reasons why their particular candidate must be | elected. Of course the bias and prejudice of | political partisanstip has much todo with this | peculiar formation of the politiclan’s mind. On | the Dix side it is asserted emphatically that there | can be No possible chance of deleat; that his ma- | jority of 55,000 votes will be repeated at the coming election; that his unimpeachable and briliiant | record as Governor has immensely increased his popularity, and thousands of democrats will unite with the republican party in hs election. In urging the claims of Mr, Samuel J. Tilden tt ig prophesied by advocates of tnis side of the house that his election is certain, They argue that he ts the representative of the reform element of the city and State, and point to his attack on the old | Ring as strong evidence of this position. Then, | they say, his abilities, character and untarnished i reputation ag @ statesman and citizen, indicate | him as the most available candidate of the two, THE MAYORALTY, There appears to be now little doube that nomination for Mayor. Different opinions exist as to whether or not he Is the most available candi- date. A heavy pressure is being brought to bear against him by some of the rank and file, who claim there are others far better qualified and more deserving. Mr. Wickham was Chairman of the Apollo Hall organization, which fought Tammany so effectually. Atter admission to the fold of the | wigwam he became at once a trusted leader. Itis | given out that Mr. Kelly selects Mr. Wickham for | the Mayoralty. If so then the matter is settled. | It 13 also rumored that in case the nomination re- sults this way Mr. Ottendorfer will run ag an tn- dependent candidate and carry with him the entire German support. If this is true, then look out jor music ahead, The triangular contest of the last | Mayoralty election may be repeated, when ex- Sheruf O’Brien was the Apolio Hall candidate, Judge Abraham R. Lawrence from Tammany, and that distinguished confrére of Rip Van Winkle, William F, Havemeyer, the choice of the repubii- cans, The result of the vote on that occasiou may give some idea of what might happen in case Mr, Ottendorier took the field. It is as 1oliows :— Abraham R, Lawrence 47,183 | William F. Havemeyer 53,01 | James O'Brien, 34,714 This can be no comparison as to the actual | political status of affairs to-day in comparison with that of two years back; but still these figures | may give some idea of what can be accompiished in & diversion oj votes where there are taree prom- inent candidates in the fleld. in the event of tuis Mank movement on the part of Mr. Ottendor/er, a first class candidate put up by the repubiican party might have @ fair chance Ol success. The question naturally arises, who would be considerea the best man under the cir- cumstances, The only name as yet suggested by re republican leaders in this city is Alderman vance. There is no settled plan of campaign yet de- termined upon by the republicans im this city. “Tom” Murphy, the other political Boss, has been out of town for some time, but will return to-day, and this week may fully develop the campaign 0 our Custom House trends, A meeting o: tne leaders 1s called for to-night. Then, over the pop- ping of champagne corks and amid the curling | smoke of choice regalias, th slate will be deter- mined upon and the order of battle arranged, THE UNITED STATES SKNATORSHIP. In view of the lact that a United States Senator 1s to be elected by the oext Legislature much | interest 1s manifested in the Assembly canvass, It is only once in six years that this onerous duty devolves upon our Legislative friends. The pay of an Assemolyman is now $3 per day, the board at the Albany hotels is $4 50 per day, expenses of cigars, liquors and other luxuries have also to be taken iuto consideration. This evi, however, will be remedied should certain amendments to the CONSLITULION pass at next election, giving mem- | bers of Assembly $1,500 per annum, Looking this matier seriously in the face, it will be weil for the leaders in the different Assembly districts to select representatives ol education and ability. The question of nationality, unior- tunately enters into the calculation as to who are the best men to put up for office. There are, among our lrish and German fellow citizens, Many reputable and thoroughly educated gentie- men’ wuo would do-eredit to their adopted and | their native country if sent to the Legislature, | let Tammany Hail think of this, and give us men who will at least know how to read and write the English language properly, There are tiirty-two Senators and 128 Assembly- Men in this State. A joint ballot will then consist of 160. Itisin this ballot (a Majority cnoosing) that a United States Senator in place o! Reuben E. Fenton 1s tobe elected, The tmportance of either party receiving control of the Legislature 13 therefore apparent. Last session both houses were republican. ‘fhe Senators, of course, hold over this year. The democrats contend that they will elect a sufficient humber of representatives in the city and State to elect their man, Who will be, no | doubt, Horatio Seymour or Judge Chureh in that | emergency. If, on the other hand, the Legislature is republican, E, D, Morgan will probably be the nominee, THE ASSEMBLYMEN. The republican party in_tuis city propose to put forward most energetic efforts in order to capture | districts where the contest may be doubtful. In | the downtown districts—the First, Second, Third | and Fourtn—of course, there is scarcely a chance ol success, Last year the republicans carried six | districts out of the twenty-one in tuis cl ‘This | year they can scarcely hope to be so successtul. | ‘Those districts were the Firth, Kighth, Ninth, Eleventh, Thirteenth and Eiguteenth. in conver- sation With one of the leaders yesterday be inti- mated that there was no doubt whatever they would carry the Ninth and meyenth, Knox Me- | Aiee Will again be nominated as the representa- tive from the late district. Tammany 100ks to- wards Martin Buel. In the Ninth Willam H, Gedney, an iron merchant, 18 said to have the inside track for the repubiican nomination. George Dean, Jr,, tue last repre: vative, is also pressing his claims. Witiltam Dougan 1s looking lor the Tammany indorsement. The republicans ‘Will probably nominate Austin Leake In the Fifth, George Scherman tn the Eighth, Charles Blakte ta | the Thirteenth (should Charjes S, Spencer get the nomination for Congress), Bernard Bigitn in the kighteenta, F., W. Seward (son oi Secretary Sew- ard) in the’ Seventh, Jacob M. Patterson in the Tenth (if he should not recetve the nomination for Register), Joseph Archibald in the Twelith, Rob- | ert B. Boyd in the Fourteenth, William Berryman | | in the Seventeenth, Mr. Frith, builder, or Moly- neux Bell in the Nineteenth, James Owens or Jacob Hess in the Twentieth, Wiluam Haw, Jr., or Gran- ville P, Haws in the Twenty-first, Hiram A, Pooler in the Fifteenth, & A, Levins in the Fourth, Thomas Wild or Matthew Stewart in the Second and General Michael Burns in the First. It is well | understood in the republican party that im most of those districts they have no chance of success, ‘The height of their ambition is to elect the same number of representatives as last year. TAMMANY SQUABBLES, The candidates for Tammany's indorsement are beyond number. ‘that United States Senatorship election is a bone worth the picking, particularly ii there Is a close vote poRare a ue. Bitter ieelings and small clique quarrels are the result Of this scramble for ‘Tammany nominauons | in the diferent Assembly districts, In the First, James tiealy is strongly opposed by Nicholas Muiler. A triangular contest is expected in the Fourtn., James yan was the last representative and considerable idl to his nomination has developed itself. [t may, however, be quieted down in a few days, as Mr. Ryan has been 4 hard worker in the party, Dennis 8, Griffin and Postel O’Brien are mentoned as among nis oppo- nents. Matthew Patten and Timothy J. Campbell are at loggerheads in the Sixth district. Patten was the representative in tue Jast Legislature. Camp- bell had been up jor six successive terms pvevi- ously. When John Fox was elected Senator, Campbell was @ candidate for the nomination, and he allowed the Assembly to go by default and handed It over to Patten. After election the lat. ter wished to control the District Comittee and tried to make Tim the lower dog in tne fight; but this “the great adjourner” positively refused, and the result Was the ubsetiing of Patten’s plan nomination of James Daley, In the Fifteenth Thomas Costigan’s popularity may carry him through for the nominauon, should Josevh Blu- Menthal go to Congress. An uncompromising fight is going on in the Sixteenth District Commit- tee between Peter Woods and Morris Power. The latter heads the committee, and wishes to have a young lawyer, named John 'T. McGowan, nomt- nated. Peter Woous ts a candidate himself. There is no knowing who will be the winner in this race, as both Woods and Power are influential with their party. Andrew Blessing will, probably, receive the homination in the Seventeenth cistrict. In the Eighteenth district a host of aspirants are clamoring !or legislative honors, and each separate | individual thinks himself tue strougest man. The Twentieth will, probably, nominace Jobn D, | Coughlin. All 18 conjecture at present in the other dis- tricts, as far as Tammany Hall 1s concerned. A jew days, however, will determine tte rise or fall of the remainder of those ambitious statesmen who take such an interest in legislating for their | fellow citizens, THE REGISTERSUIP, It seems to be a settied fact that James Hayes will recetve the Tammany nomination for Register Mf not outgeneralled belore the meeting of the Convention, His success in this respect will oe due entirely to the influence of Mr. John Morris- sey. Ii fitness for the office, with personal popu- larity and influence, are taken into cousiderauion, General Martin T, McMahon stands @ good chance. ‘The republicans will nominate Mr. Jacob M. Pat- terson or General Patrick H. Jones. Patterson ran lor County Clerk on the Repuolican ticket last year. THE ALDERMANIC TICKET, There are six Aldermen-at-Large to be elected, together with three irom each Senatorial district, excepting the Eighth, which sends iour, The question of nationality representation seems to have entered tnto the calculations of Tammany Hall in making up this ticket. It 1s remarked that tne Irish element bas been ignored on the State tcket, and it will be weil to alleviate this sught in some Way on the county ticket, The idea is, that it will not do to suub the Irish, who compose a very large proportion of the voling community in tuis city. 118 proposed to give the Aidermen-at-Large to two Germans and two Awericans. This 1s claimed to be bad policy. Should the Irish element be recognized 11 18 understood Alderman Patrick » Lysaght will be the choice. The republicans talk of nominating Alderman Vance, if he is not their candidate tor Mayor; Assistant Alderman Cornell, from the Ninth ward; Assistant Alderman Simonson, irom the Seventeenth Assembiy Dis- tict; Willard Bullard and J. H. Cudlipp. THE CONGRESSIONAL SLATE. ‘There is no change im the prospective Tammany slate as announced in the political review o! Sat- urday’s HERALD, Mr, Jolin Muilaly promises to carry Of the Jaurels in the Tenth district. Ex- Sherif O’Brien has not yet declared whether or not he wiil be @ candiaate. In the Wighth district the republicans will probably renominate Mr, John D, Lawson, He is opposed for this nomina- tion by Charlies S. Spencer. Lioyd Aspinwall 1s also spoken of by the republicans. William A. Darilng and Henry E. Howiand are spoken of for capemeaaican nomination inthe Eleventh dis- rict. choice of the Convention. He is Appraiser in this city, Two years ago he ran for Congress aud was beaten, 1t 1s said, because he did not resign his Ap- praisership belore election. People did not believe 1m sending him to Congress wiile he held on to anotner official position. No candidate is yet mentioned by the republicans forthe Ninth dis- trict against Fernando Wood, In the Fi!th George Mincken, Jr., will probably carry the republican standard. Thus week will develop agreat deal in the way of city and county nominations and put an end 10 the burning anxiety of some of the anxious can- didates, ‘fhe County Convention meets next Saturday aiternoon at Tammany Hail. ‘Till then, rest perturbed spirits. The republicans will not probably make avy nominations until alter Tam- Imany completes her ticket. THE TENEMENT HORRORS, Meeting of the Tenement Cigarmakers— The Employers Protest Against Inter- | ference of the Board of Health—The Shop Workers Break Up the Meeting. A meeting of cigarmakers working in tenement | houses was held yesterday a(ternoon at Concordia Hal! in opposition to the movement initiated at the Germania flail last Sunday, which nas for its | object the abolishment of the tenement system. Before the meeting was opened it was evident that an element of decided discord existed in the presence ofa number of cigarmakers not in the | employ of the lenement manufacturers, some of whom openly avowed their determination to “break up” the obnoxious assemblage If possible. One outsider, who was particularly frank and out- spoken in this respect, was Gustave Schwab, whose broad-brimmed, enormous hat, huge head and jolly red cheeks were recognized at once as those of the Communist who played 80 notorious a | part Af THE TOMPKINS SQUARE RIOTS. Among those present was also Mr. Kari Theyer, a member of the delegation, who called upon tne Board of Health, in pursuance of the resolutions adopted by the meeting at Germanta Hall, The meeting was bat thin!y attended as comparea with that atthe Germania Assembly Rooms, the small hall not being half fillea, The tenement manulac. turers had also invoked the protection of the po- lice on the plea that the non-tenement cigar- makers would try to interrupt the proceedings, It was stated by the non-tenement cigar makers that the ‘bosses!’ had threatened to dismiss all the men who would not promptly attend the meeting and indorse their action. Mr. David Reiss opened the meeting by saying that it had been called for the purpose of protest- ing against the proccedings at the Germania Hall. ELECTION OF A CHAIRMAN. Mr. Deutschberger proposed Mr. Reiss as chair- man. One of the independent cigarmakers proposed Mr. Strasser, Mr. Deutschberger—We don’t know Mr. Stras- ser. The shop men have no business here, There were shouts of derision, and Mr. Deutsch- berger called upon the police to preserve peace. ‘here Was another outburst of indignation on | workers, and in the midsteof | iss declared that he had | the part of the sho; tnis confusion Mr. been elected chairman. chair. Mr. Reiss read a paper stating that the tenement houses Were beautifully kept and perfect models of sanitary wisdom. The reason why the Cigar- makers’ Union opposed the tenement system was because they Wished to prevent women from work- ing and earning money. ‘The reading of this statement was interrupted by loud laughter of the shop men who had taken possession Ot ali the front seats. SPEECH OF A TENEMENT WORKER, Mr. Merun, @ Czech, made @ speech in Ger- man, saying that he himself could only earn $11, Women could make better cigars than men, and it was therefore necessary \that the wives should He thereupon took the | heip their husbands in making cigars, A whole | family Working in @ tenement could earn $30 or nd lay up @ balance at the saving bank, (De- risive sneers on the part of the shop men.) The speaker repeated the substance of his re- marks in the Bohemian language. The Secretary then read the letters of some of the employers, expressing their regrets at being unable to attend the meeting. The princtpal of these letters came trom Lichtenstein Brothers, who own several of these tenements. Scarceiy had he finished reading when Mr. Sciiwanderiich, one of the leaders o! the shop men, leaped upon the platform and ing. When Mr, Retss saw this he determined upon & coup d'état and declared THAT THE MEETING WAS ADJOURNED. Thereupon ensued a scene of indescribable con- fusion, and Mr. Reiss called upon the police to ar- rest Mr. Schwanderlich. However, the policemen would not interfere, and after a row of about ten minutes the employers and their men collapsed | and allowed. the makers working in shops Strasser was called to the — chair, he delivered a harangue. He said the same Lichtenstein, Who nad sent this letter, compelled his Wreiched slaves to work on Sunday, If these tenement men were to work in shops they could enjoy this Sunday with their wives and children, ir, Sctlwabe moved that the police be requested to vacate the premises, as their presence was not required. (Tremendous applause.) ‘The resolution was adopted, amid rousing cheers, and the Chairman appointed a committee of three to acquaint the police wipn this polite request, ‘Lhe police left at the request of the proprietor, amid tumultuous clapping of hands and joud vocilera- tion. of the to proceed, meeting clgar- QUITE ANOTHER story, Mr. Schwandertich then addressed the meeting in his native language, the Bohemian. ment workers were rather more forvearing than the shop Workers and did not interrupt him. He dwelt on the horrors of tenement life as depicted | in the meetipg heid last sunday at Germania Hall. Mothers while uursing their babes made cigars, SO that the tniants inhaled the deadly nicotinous odor of the tobacco leaves. The Meeting which had just been closed was merely one of the tricks of the tenement manufacturers, who Jatiened on the misery of vheir workmen, and yet forced them to come here and prociaim the beauties of the tenement workshops. Emigrants, who were inexperienced tn the ways of tnis coun- try, were enticed to these tenements by false repre- sentations, and there they lived tn little bedrooms, In which they slept, worked, cooked and which even contaimed the Closets, A resolution Was offered declaring it the duty of the Board of Health, in view of the opinions ex- pressed by physicians of repute, to abolish the system Oo} tehement work as soon as prac’icable, It_was adopted, The meeting then adjourned amid loud cheer- ing, and ell to drinking resu lager beer, it is understood that the former will be the | roceeded to address the meet: | Mr, | and The tene- | Intellectual Distinctions as Class fled by McDermott. aeons A LITERARY TEST PROPOSED, The Literary Test. To THe EDITOR OF THE HERALD:— One of your contributors of the 10th ult., Ad- dison B. Burk, of Philadelphia, deduces from a meagre collection of facts in the lives of Bacon | anda Shakespeare the following conclusions ;— First—As Shakespeare marriea Ann Hathaway, who bore him a@ child six Moatas alter marriage, and he did not during the five years preceding his death produce a single play or poem, Shakespeare gous not bave written ihe piuys attributed to im. Second—Snakespeare produced his plays be- tween the years 1690 and 1611, During this inter- val Lord Bacon had *muca leisure” irom his pab- he duties. 2rgo Lord Bacon must have bee the author of Shukespeare’s plays. Mr. Burk also states as a historical fact that Bacon published his Essays in 1697, but did not puolish his other works until after he was ap- pointed High Chancellor in 1618, The real facts are:— 1596—Bacon wrote and published his first politi- cal Work. 169i—He wrote his “Issays” or “Counsels Civil anu Moral.’? 1598—He comptled, rewrote and published his “Maxims of Law.’ 1600—His “history of the Ahenation Office’! was. written; about this time he wrote bis “Memoriam Elizabethw Angilce Rezinw,”” which was not published until aiter bis death, 1601—Appeared bis second legal work on the “Use of the Law jor the Preservation of Persons, Goods, Good Name, &¢,’? 1603—He revised and wrote his great work, on “The Advancement of Learning." 1607—He was appointed Solicitor General, and by professional diligence was crowned with distin- guished success and his legal practice much ex- tended, His biographer says:—"Tnough at this time eugrossed with tle a@irs of public ile, his engagements did not turn him aside from his great design formed in his early youth and cher- ished im lis mature years.” 1608—Bacon puolished the “Groandwork of the Novum Organon,” viz., the developments of his improved pian tor studying the sciences, 1608—Appeared his “Cogitata Vida,’? 1610—He published his extensive works “On the Wisdom of the Ancients’? which he wrote to pre- pare persons oO! all Varieties Of opinion Jor receiv- ng With respect the most important work of his iie—The “Organon.’”’ “it was wrought up and poltshed with the sedulous industry of an artist Who jabors 10r posterity, and was the result of Penais eng, labor spread through many years.’ Bacon copied this work both in Latin and English twelve umes—revising, correcting and altering tt year by year before it was reduced to that form in which it was com:nitted to tue press in 1620. From the above it will be discovered how Bacon occupied his “leisure time’ from 1590 to 1611, and the candid reader ts asked if, after Bacon had per- formed his onerous public duties as member of Parliament, Judge, Solicitor General, and wrote and prepared for publication the great works enumerated above, he could have had the leisure time to write Shakespeare’s plays? McDermott, the author of a critical dissertation | on the nature and principles of taste, and also of valuable essays on the genius of the English poets, published in London in 1822, en- tered into the investigation of the original causes that distinguish writers of genius, of all times ana countries, from each other. He divided them into four distinct classes, The individuals Oi each class were related to each other, not In thelr intellectual powers or the celebrity woich they have acquired by their works, but in the original character of their minds and the congenial impulses by which they were directed and governed tn their literary pur- suits, The writers belonging to the frst and fourth classes, though each contain names of which literature may proudiy boast, stand in the opposite extremes of intellect. They possess very \tule tn common and differ as much as possible tor one mode of intelligence (reasoning from what we | know) to differ from anotner. In these columns Stand the names of Shakespearein the first and | Bacon in the fourth, Ctass 1. Class 2 Class 3, Class 4. Homer, Virgil. | Isocrates. Euclid. chylus. Lucretius. Seneca. Archimedes, ripides. —_Uicero. Lucian, Aristotle. Sophocles. Horace. Plato, De: Anacreon. ‘Terence. Aristophanes, Pindar. wintihan, Pacuveus. Sappho. Herodotus. Achus, Demosthenes. Thucyuides, Persius, Ovid Swesar. Hue. Metastasio, Minander, Statius, ‘Ariosto. Xenophon. Martial, Dante. Eschines. Juvenal. | Camoens. Tasso. Pascal, Cervantes, Petrarch. Dacier. Vontaine. Vida. Arnaald. Rousseau. Erasmus. —_-Bossuct. Massillon, —_ Racine. Bealiger. Bruyere. Boltean. Le Clerque. Ossian, Crebilion, — Malherbe. Shakespeare. La Harpe. Spenser. Bourdaione. Goldsmith. Shaftesbury. Sterne, Bolinbroke. Calderon, Young. | Goethe Blackmore, Cowper, Johnson. Buike. Blair. Lessing. Behiller. Altiero. It is important to know that Shakespeare pro- ceded the literature of nls country, and, conse- | guently, had no models of excellence tocopy after. | He was a very Indifferent scholar and not ac- quainted with the Lato, all that was worthy of.imitation. Yet he attaimed to his great excellence only by the native strength and upcommunicated vigor of his own genius, which consisted principally in the strength and | energy of his feelings, He was well acquainted | with the human heart, not as it now exists ina state of polished society, but as tt existed in a state placed between barbarism and civilization. His powers were developed in the orig- ‘nality of his thoughts, the aepth of his observations of human nature, ‘Ine power which he displays consists in tracing shades and Variations of character, and tn pursuing incip- jent passions through all the modifications which they assume under the endless diversity of cir- cumstances and situations, Shakespeare studies to make us feel, not to think; or, rather, he stad- ies to make us leel so strongly that we shall forget to think, only calculated to convert us into philosophers, because they address the understanding more | * than the passtons, proving their want of knowl- edge of the human heart. They do not themselves feel, consequently they have no teelings to com- | municate to others. Pope said, “Shakespeare wrote better and worse | than any other writer,’’ because when he wrote trom his own feelings and observations he ex- | ! celied, but when he essayed to dilate on scholarly subjects he signally fatied. Bacon acquired his extensive Knowledge through the medium of the understanding. He was a life scholar and a most learned man, At every step he advanced in science, law and philosophy required to be propped up by “principles, dogmas, data, axioms, postulates, premises, major and minor conclusions, corollaries and predicates, and all the other original elements of reasoning on which demonstration 1s [0 atic method which he laid down for prosecuting scientific investigation and his services cannot be overrated. in the words of Professor Playfair, the power and compass of his mind which coulda form such a plan bejorehand and trace, not merely the outitne, but many of the minute ramifications Of sciences, which did not yet exist, must be an bas ae of admiration to all suc ” quman nature and huma the sciences in which Bacon rsed, wanted that pllancy and congentality o: feeling which identifies itsell with the pains and plea: ures, the cares and solicitudes, the frailties and | imperiections, the whims and caprices, the sym- patnies, passions, emotions and affections, which variously agitate and disturb, rouse and iritate, terrify and calm, eurapture, modulate, suspend and enchain ali the faculties of our nature and all the cravings and desires of the human heart~ for it is only in the delineations oj the heart and tts afec:tons that we can expect to discover the soul and spirit of poetry. The mind or intellectual facnities can form no judgment whatever of sensible beauties, as they e under the province of feeling. Writers of e first class love to give an unlimited career to siasm, Invention and genins which have immor- talized their names and stamped a character of originality upen weir works which distinguisnes them (vom every other class of writers, The writer of sublime genius is always the writer of ardent and sympathetic affection, who leeis every emotion and passion which be describes in others; Whose bosom pants with that noble gen- erosity Which is prodigal even of existence: and with that sensibility which sympathizes with sor- | TOWS not its own. 'o possess the mind of a Bacon, @ Locke or a wton, however, requires no feeling at all. To distinguish causes trom effect and relations from differences, are operations of mind in which feel- ing has no concern. The firgt class possesses more genius, the fourth stronger intellectual powers, ‘Phe cause is accounted for by the distinction be- tween reason and feeling, for reason is the hnghest exercise of the intellectual powers, and genius tue offspring of ardent feelings and impassioned sensibuity. The first class we love beca they speak to our hearts. The fourth class we admire, because we find it dificult to pursue them through the depths of science, to mvestigate With them the attributes of material and immaterial being, Greek, French, Italian | | and Spanish languages, in which could be found | | church, His plays triumph over philosophy | iosel!, while the plays Of most other writers are | he | nded.” The great merit | | 'n his philosopnical works consists in the system- | they will be examined under | Rev. Mr. Moore. | and other prominent citizens express their de- t the predominating tnduence of their own feelings, | from which they derive that energy, vigor, enthu- | | which violence had been done justly or otherwise; but ii the reasons given do not convince the reader that the mind of Bacou could not have produced the writings at- tributed to Shakespeare, they may jead him tnto @ train of investigation which will better enable’ him to judge jor himself. 8, N. CARVALHO, Shakespeare Not a Borrower, To THE Eprror OF THE HERALD:— The humbug of “Bacon” is hke any other heresy | that bas run its course in the world: answered | Over and over again, like deism, atheism, unitact- anisin, or any other “ism” of the past two or three centuries. Had the newsmongers of the day read | the commentators of the last 100 years, especially | “Dr. Farmer's Essay on the Learning of Shakes- peare,”” wherein he says “Shakespeare is & vast garden of criticism, and no one can ve favored with more weeders gratis,” they would have stumbled over old Bacon, “DigKe,? a wit of the town betore our poet leit the stage, says:— Naturo only helps him, for look th ‘his whole book, thou shalt find he doth not borrow One phrase trom Greekes, nor Latina imitate Nor once trom vulgar languages trungiate”” “His native wood notes wild; every one ree members to be celebrated by Milton: Dryden ob. | Serves, prettily @nough, that ne wanted not the Spectacles of books to read nature, 4 me ous } | | | of her hands like Pallas out o! Jove’s head, at full growth and mature.” The ever memorable Hales | Of Eton had too great a knowledge voth of Shake- | speare and the ancients to allow much | acquamtance between them, and urged | Very justly, on the part of genius in Opposition to pedautry, that “if he had Not read the classics, le had likewise not stoien from them; and if any topic was produced from a poet Of antiquity he would undertake to show somewhat on the same subject, at least as well written by Shakespeare." Fuller, a diligent and equal searcher alter truth and quibbles, declares: positively “that lis learning was very {ittle—na- ture was all the art used upon him, as he himself, if alive, would confess,’ aud may we nor say, he did contess it when he apologized for his untu- tored lines to his nobie patron, the Earl of South- ampton.”” The idea of robbing the world of Shakespeare for such @ stiff, legal-headed old jackass as Bacon is @ modern tnvention of fools; every man who has read his plays once knows they came from a | playhouse man and nota bribed rascal, degraded | from the Bench, though he may have been, as Pope says, “the wises!, meanest of mankind.’? He would have been mean enoush to have laid Nis aands on the poew’s money, perhaps, but he had not Imagination enough’ to conceive the | thought of ever being supposed capabie of writing his works. B. J. Ae THE TILTON INDICTMENT. The publication of the indictment against Mr. Tilton and Mr. Moulton made a deep impression upon the Brooklyn community. The argument made in Mr. Tilton’s card in the HERALD that Mr. Beecher’s action was a “tardy indictment,” is controverted. A distinguished member of Plymouth church, in commenting on this, said to your reporter :— “This indictment was as promptly found as was humanly possipie. Tilton bas been indicted by the first Grand Jury that has sat in Kings county since the publication of his libellous statement, addressed to the public over bis own name. The pudiication of his sworn statement, Mr. Tilton averred, and no doubt Mr. Maverick will 30 swear, was without his knowledge or consent, and the Gaynor farce was met by that plea. The accusa- tion in Plymouth chureh by West was for siander, which 1s not an indictapie offence, not for libel, which is the publication of slander. So that on the first indictable o‘fence Tilton was indicted at the first opportunity, which is prompt enough.” The array of counsel tn the Tilton cage will be unusually large. Probably no such array has been scen in any trial since the trial of General Sickles for the murder of Key. Roscoe Conkling has ac. cepted a retainer and will sum up the case. Will iam M. Evarts, B, F. Tracy, Joho K. Porter, W. 0. bartlett, Jonn Graham apd T. S. Sherman will | assist Mr. Conkling. The list of Mr. Tilton’s coun- | sel is said not to be complete. Senator Carpenter, of Wisconsin; Daniel Dougherty, of Philadelphia, and David Dudiey Field are mentioned. Mrv Moulton has secured Judge Fullerton, although Generai Butler will take the lead in the case and | personally appear, Mr. Beach will most likely ap- pear also. A motion will be made for a change of venue. This is a matter ia the discretion of the courh A motion will oe made for a certiorari to carry the case before the Supreme Court. This, we beileve, 18 a motion of right, and an effort will then be made to remove the case to Albany or Westchester. It 18 thought the trial will tako Place in @ fortnignt, and it will probably last for ‘wrree or four weeks, A rumor was in circulation, and traced toa good source, that President Grant nad expressed the strongest interest in behalf of Mr. Beecher, and to the President's interest is attributed the retainer of Mr. Conkling. It is generajly believed also that Mr. Tilton him- ) Self will address the jury in hisown bebal, Mr. Tilton has a rare gilt Of eloquence and he will have this privilege. GLENDENNING’S TRIAL, | A Star Chamber Inquisition—Poor Mary Pomeroy’s Friends Not To Be Repre- sented. The Presvytery of Jersey City will assemble to- | morrow, The most {mportant duty they will have to discharge will be the investigation of the grave charges against the Kev. John 8, Glendenning, pastor of the Prospect avenue Presbyterian Several applications have been made to members of the Presbytery in behalf of an open, tmpartial trial, but it has been decided that the investigation will be conducted with closed doors. Au intimation was conveyed yester- day to @ representative of the HERALD that he would be admitted on condition that he would ob- serve absolute secrecy, but the proposition was promptly rejected, Mr. Miller, the relative and guardian of poor Mary E. Pomeroy, applied to the Rev, Mr. Edwards, Moderator of the Presbytery, to be allowed to introduce evidence in the case, Mr. Miller sets torth these propositions :— self and family, in common with her many friends, in that luvestigation, and I dpsire in rand my own behalt to have an opportunity to de heard and introduce witnesses touching all the sand circuinstances calculated to show by them his uilt, and that he and no other person was tho father of her Cuild; that if an opportuniy is afforded to the fricnds of the late Miss Vomeroy for a tull hearing they: / will cheerfully apguiese in the conclusions of the Board/ ot Presbytery. Tdesire to know whether such examii tion is to be public or not t He then submits the following queries :— nsel will be permitted to represent the nd triends t ; r the triends of Miss Pomeroy fo present written 5] ‘tons or charges, and, if so, when and where they are to be presented # vould also thank you to mage auy other which may be consistent with your Dosttlons sehes ra the time when witnesses sho: ld be present, ad whether th or otherwise, Will the Presbytery permit ie to have a stenographer present during the whole of the examination t To this application no reply was mat it was addressed to the Moderator, Xx-Mayor Sawyer, Ju decease! although 'e of the fe Rankin termination to call anotber indignation meeting ii any whitewasting business be resorted to. There 18 no truth in the rumor that Glendenning is to be married on the 15th inst, to a daughter of one of the deacons of the church. PATALLY INJURED—A MYSTERY, On or about the Ist Inst, Thomas Weiger, a man about forty-five years of age, was arrested for in- toxication and taken before Justice Flammer, who committed him for ten days, after which it was discovered that the prisoner was suffering trom injuries, whereupon he was transierred to Belle- vue Hospital for treatment. Weiger died on the 3d inst, and yesterday Deputy Coroner Marsh, in making an autopsy on the body, found that de- ceased had tractured the collar Gone and the first, second, third and fourth rios were also iractured, caused death, Whether de- ceased was cladbed by the police, or whether he received the fatal injuries in some accideutal man- ner, wiil be determined by Coroner Eickhom, who is to make a thorough mvestigation, Whether deceased had home or (riends did not appear, KILLED ON A JERSEY RAILROAD. Aman, supposed to be James McDermott, a stone mason, was found lying tn a terribly muti- lated condition on the track of the Jersey City and Bergen Railroad, at alate hour on Savupday night, near the corner of Oeean and Pearsall ave- | nues, Both legs wero nearly severed from the body, and it Was quite evident he bad deen rap over by the ratiroad cars, He was conveyed to the City Hospital, where he died in an hour alter. ward, Howard Elkington, the conductor, and Daniel Farrell, the driver of car No. 16, were are fested and lodged in the Fourth precinct station to await the verdict of the Coroner's jury, as itis supposed tue deceased was rum over by tueir car,