The New York Herald Newspaper, November 20, 1876, Page 4

4 NEW YORK HERALD, MONDAY, NOVEMBER 20, 1876.—WJTH SUPPLEMENT. NEW YORK HERALD BROADWAY AND ANN STREET. JAMES GORDON BENNETT, PROPRIETOR. THE DAILY HERALD, published every day in the . Three cents per copy (Sun- day excluded). ‘Ten dollars per year, or at tate of one dollar per month for any period less than six months, or five dollars for six months, Sunday edition included, free of postage. All business, news letters or telegraphic despatches must be addressed New York LD. Letters and packages should be properly sealed. Rejected communications will not be re- turned. PHILADELPHIA OFFICE—NO.112 SOUTH SIXTH STREET. LONDON OFFICE OF THE NEW YORK HERALD—NO. 46 FLEET STREET. PARIS OFFICE—AVENUE DE L'OPERA, NAPLES OFFICE—NO. 7 STRADA PACE. Subscriptions and advertisements will be received and forwarded on the same terms as in New York. AMUSEMENTS TO-NIGHT. THEATRE, Booth, E THEATRE, LYCE HAMLET, st 8 P. M. FIFTH AY AS YOU LIKE IT, at 8 BROOK: COLONEL SELLERS, M. THEATRE. 8P.M. John T, Raymond. GILMORE’S GARDEN, BARNUM’S CIRCUS AND MENAGERIE, at 2 and 8 P. M. WALLACK’S THEATRE, THE SHAUGHRAUN, at 5P. M. NIBLO’S GARDEN. BABA, at 8 P. M. é AMERICAN INSTITUTE, GRAND NATIONAL EXUIBITION. NEW YORK AQUARIUM. Open daily. ROWERY THEATRE, ANGEL OF MIDNIGHT, at 8 P. M. UNION SQUARE THEATRE, MISS MULTON, at 8). M. GRAND OPERA HOUSE. UNCLE TOM'S CABIN, ats P. M. BOOTIUS THEATRE. pepeerae, atS P.M. Mr. Bangs and Mrs, Agnes jooth, GERMANIA ATRE. THROUGH KEW YORK IN EIGHTY HOURS, at 8P. M. OLYMPIC THBAT, VARIETY AND DRAMA, at 7:45 P. M. TONY PASTOR'S THEATRE, VARIETY, at 8 P. M. THIRD AVENUK THEATRE, VARIETY, at 8 P. M. MABILLE THEATRE. MABILLE MYTH, at 8.P. M. PARISIAN VARIETIBG, VARIETY, at 8 P. M, Ky TIVOLI THEATRE. VARIBTY, at 8 P. M. BAGLE THBATRE, VARIETY, at8 P. M. SAN FRANCISCO MINSTRELS, atSP.M. Matinee at 2 P. M. KELLY & LEON’S MINSTRELS, a8P. M. HELLAS THEATRE, PRESTIDIGITATEUR, at8 P.M. HELLERS, THEATRE, VARIETY, at 8 P. M. COLUMBIA OPERA HOUSE. VARIETY, at 8 P. M. TMEATRI MIQU VARIRTY, at 8 PATHS COMTQUE, PHILADELPHIA THEATRES, NEW NATIONAL THEATRE. THE BLACK CROOK. KREUTZBERG'S ANATOMICAL MUSRUM. THE GRRAT SIEGE OF PARIS. ‘ly, from 8 A.M. to 10 P. M., east of the Philadelphia jain Exposition Building. PHILAD! Ninth and Arch streoss. L_ GARDEN, KIRALFY'S ALHAMBRA PALACE, AROUND THE WORLD IN EIGHTY DaYs. WITH NEW YORK, ex si SUPPLEMENT MONDAY, NOVEMBER 20, 1876, NOTICE TO THE PUBLIC, Owing to the action of a portion of the carriers ani newsmen, who are determined that the public shall Bothave the Hxratp at three cents per copy if they can prevent it, we have made arrangements to place the Henan in the hands of all our readers at the reduced price. Newsboys can purchase any quantity they may desire at No. 1,265 Broadway and No, 2 Ann street, From our this morning the probabil- ities are that the weather to-day will be cool and cloudy, with rain. | ‘Dimeurey ef Changing Our Electoral System. In view of the pending crisis there is a general feeling that our method of electing the President ought to be, and a vague ex- pectation that it will be, changed within the ensuing four years. There is as yet no set- tled opinion as to the new forms of election; but the change which would best satisfy average popular sentiment would be to re- place the Electoral Colleges by a direct vote of the people for the candidates of their choice, just as we elect our State governors, each citizen to give one vote, and the candi- date receiving the highest number of indi- vidual suffrages to be declared elected. But, unfortunately, this simple, direct and popular method of electing the President is impracticable. It will never be proposed by Congress, much less ratified by the States, although it is theoretically the fairest as well as the simplest system that could be adopted. The reason why what is best in theory is impossible in practice lies in the certain op- position of the smaller States to a change which would diminish their power, If the President were to be elected by direct popu- lar suffrage, the vote of each citizen count- ing ono, the influence of a State would be in exact proportion to thenumber of its voters, and very nearly in proportion to its Repre- sentatives in Congress. States like Dela- ware, Oregon, Nebraska, Nevada and Col- orado, which have only one Representative, would lose two-thirds; and States like Rhode Island and Florida, which have but two Representatives, would lose one-half of their weight in the Presidential election. The very smallest States would lose in a still greater ratio, thero being several whose population does not entitle them to even one Represen- tative, the constitution providing that each State shall have at least one, be its popula- tion what it may. It is certain that the small States will not consent toa change which would strip them of the greater part of their importance, leaving five of them with less than one-third, two of them with only one-half and five others with barely |, two-fifths of their weight in the Presidential elections, These thirteen States which have one, two or three Representatives are more than sufficient to defeat an amendment of the constitution, It requires three-fourths of the States to ratify an amendment, and it is pretty certain that every State having but six Representatives or less (twenty in all) would oppose the election of the President by a direct popular vote, to be counted and aggregated like the vote for a governor. This obstacle is so evident and so insur- mountable that nobody has ever advocated the election of the President by a simple per capita vote of the whole people. A re- form of our electoral system has been agi- tated at intervals for the last fifty years, but every proposed amendment has .recog- nized the indefeasible title of the small States to the same proportionate weight accorded them by the present system. Tho latest of these plans—that which Senator Morton has been urging for the last two years—leaves the relative power of the States unimpaired, and is even more com- plex and clumsy than the present system. While Mr. Morton would abolish the office of electors and substitute a direct vote for Presidential candidates, he retains the substance of the old plan. In 4 | Mr. Morton's plan ench Congressional dis- trict is a separate unit, entitled to but one vote in the final count. The people of each district would vote directly for the candi- dates they preferred, and the candidate re- ceiving the greatest number of votes in that district would have it scored for him in the national result. Every Congressional dis- trict would vote in the same way, scoring one for the candidate who got its majority. But, as ench State would continue to have Tax News Wx Pustisx to-day relative to | *W° more votes than the number of its the concentration of troops at Washington will doubtless excite some comment, but it need not occasion any alarth. The Presi- Congressional districts, Mr. Morton pro- poses that in each State the vote of the peo- ple at large shall be counted in the aggre- dent and his advisers claim that it is a wise | gate, and the candidate receiving the highest precaution to have a respectable body of number in the whole State be entitled to troops at hand until after the 4th of March, | two votes. Such a plan would be the pres- inauguration day. They do not fear any | nt system in a new dress. Nothing prac- outbreak or disturbance, but simply provide for all possible emergencies, Honor To tHe Brave.—The rescue of a tical would be accomplished by it which might not be attained with greater ease and simplicity by merely requiring each Congressional district to elect one Presi- drowning man by Officer Gorman, of the | dential elector and each State to choose two Thirteenth precinct, was an act of unselfish | electors at large. Practically this is all that gallantry which is deserving of the highest | Senator Morton’s complex and elaborate commendation. plan amounts to, the mere abolition of the Presidential electors, who never have any Tue Ticker Srecutatons are determined | wii of their own, being too trivial to enlist to argue the matter out with the bold man- ager who seeks to drive them from their sidewalk of life. We print to-day several communications from the fraternity who deal in ‘‘choice seats” at our metropolitan theatres, Tue Destevcrive Fine at Bepior’s Istaxp, the efforts of serious men. The pith of the plan is precisely as if it proposed to choose the Presidential electors by districts instead of a general ticket. This plan would as certainly encounter the opposition of the large States as that of asimple, direct vote by the whole people by which a large amount of government | would of the small States. New York would property has been destroyed, is described | undoubtedly object to it, The most eminent in to-day’s Henatp. It scems strange that democrat and the most eminent re- the common precaution of storing the goods4 publican of the State—Horatio Seymour In a fireproof building, instead of a wooden | and ‘Roscoe Conkling—have within a house, was not taken in the first instance, few days expressed their disapproval; but neither of them thought fit to Hicuway Ronpertzs in the streets of Now express the real reason why the large York are becoming of frequent occurrence, | states will oppose the district system. It is and the offenders must be treated to some wholesome lessons by the police magistrates before the crime can be effectually checked. because the large States will not consent to have their importance diminished by a divi- sion of their Presidential vote. Under Mr. If the footpad becomes a scourge to society | Morton’s system New York or Ponnsylvania then society must protect itself by using the | would have no more real weight in a Presi- lash. Lorp Braconsrretp's Srexcu at the Man- dential election than Florida, The demo- cratic and republican Congressional districts sion House, which caused such sensation | Would pretty nearly nullity each other, and in Europe and drew from the Czar a fiery reply, is printed in full in to-day's Hznatp. the two votes at large and one or two dis- tricts is about all tho net strength either It forms an interesting addition to the infor. | Party could expect. Both parties in tho mation already received concerning the re- | largo States will prefer to play for a higher cent outburst of the war feeling in England and Russia. stake and take their chance of winning tho whole number of their votes rather than re- duce their States to the insignificance of Tux Comrs pz Panis is prosecuting re-"| Rhode Island or Delaware. ‘The large States searches tor the completion of his great his- | might be unable to defeat the ratification of tory of our civil war and has become a mem- ber of the Southern Historical Society as a means of facilitating his investigations. We Mr. Morton’s amendment, but they can easily prevent its submission. It requires two-thirds of both branches of Congress to print an interesting correspondence between | propose an amendment, and the four him and the Rev. Dr. Jones, of Richmond, largest States—New York, Pennsylvania, relating to the tone and spirit of his history | Ohio and Illinois—have more than one-third and the conceded fairness of his intentions, | of the House. These four States can and although he avows his strong sympathy with | will defeat the district system under what- tee Northern side, ever form it may be presented. In such a matter they will be governed by a sense of State importance and State pride, and other large States will share their views. If Mr. Morton's plan had been in operation in this election we do not see that it would have made much difference or have saved us from this close contest and deadlock in the count. A direct vote by the whole people en masse would indeed have saved us from the difficulty, for one of the candidates has a decided popular majority; but Mr. Morton’s scheme would have altered nothing. In the districts the democrats would have had a majority precisely equal to their ma- jority in the next House, which, though not yet precisely ascertained, is certain to be small On the other hand, the republicans claim to have carried six more States than the democrats, which would give them twelve of Mr. Morton's votes at large. On such a plan, if it should happen that the republican majority of the votes at large was exactly equal to the democratic majority of the districts, there would be the same uncertainty, and, instead of lasting for a few weeks, it might extend into the next Congress. Contested seats and the rejection of members having regular certificates might throw back doubts on the validity of a Pres- idential election long after the question had seemed to be closed, But, apart from such matters of detail, it is certain that the large States will not consent to scatter their power by consenting to the district system; and the district system is all that Mr.\Morton’s plan practically amounts to, Our present system of electing the Presi- dent cannot always continue ; but no substi- tute has yet been proposed which the large and the small States would be alike willing to accept. We are not sure that a much deeper change is necessary than any which has yet been proposed—such a change in the Executive Department as would make our government as immediately responsible to the people as that of Great Britain. In this country the people, however provoked by grievances, may have to wait the greater part of four years before they can have even a chance of redress, but in England the government yields to the popular will as readily as a ship to its helm. We hope that when the constitution is next amended it will be in the direction of a more immediate responsibility to the people. But this is too large a subject to be discussed at present, The Projected Opera House. The letter from the well known impresario, Mr. Maurice Strakosch, to the Hernan, in which he developed his plan for the erec- tion of a new opera house in this city, has attracted wide comment pro and con among our contemporaries. The letter, indeed, seems like Pandora’s box, when once opened, to have set all sorts of evil things flying abont and settling down in men's minds until it seems almost a crime to have started the idea at all. But the philoso- pher who invented Pandora placed Hope at the bottom of the casket, and so, amid all the faint praise and direct pooh-poohing of Mr. Strakosch’s plan and selected site, we discover a good many hopeful things in the matter. The proposi- tion has awakened a live and earnest discus- sion, and, if not carried out in its present shape, will lead to good results, for the futuro of Italian opera in New York. It willlead, we feel assured, to the establishment of a good opera house where we can have the best works interpreted in the best style. It may not assume the colossal proportions given to it in the sanguine sketch of Mr, Strakosch, but we shall all be indebted to that gentleman's art enthusiasm and confidence in the cul- tured wealth of New York if we secure but a fair proportion of the results he boldly sketches. Objection has been made to the site—that of Gilmore's Garden—and there is perhaps some force in it. There is every probability that a better site could be secured at a cheaper rate than one fronting on Madison avenue. Along the line of Fifth avenue, between Thirty- sixth street and the Park, sites could be found supplying all the needs as to com- manding location and accessibility, and at a lower cost than the block whereon stands the old railroad depot, transmuted in suc- cession to a concert garden, a circus and a revivalist battle ground. The plan of Mr. ‘Strakosch reduced to its main proposition— namely, that New York needs, can support and hence should have an opera house, at which the best artists should present under the most favor- able conditions of mise en scéne the flower of all true opera, whether Italian, German, French or English—deserves and will, we feel certain, obtain favorable consideration. That, after all, is what Mr. Strakosch aims at, and the Hzratp is only too glad to give it all the furtherance in its power. Site, cost and size are secondary considerations, Assent to the main proposition once secured the other points can be successfully decided. Recent Discoveries in Art. General di Cesnola, pursuing his re- searches and excavations in Cyprus, has been again the lucky finder of lost treasures. On the site of Kourium he has discovered a mine of ancient art in splendid preserva- tion—ornaments of Egyptian and Babylo- nian origin that the learned in such matters date as far back as sixteen hundred years before the beginning of the Christian period. The workmanship of many of these orna- ments compares very favorably with the best products of the Etruscan period. These objects throw a flood of light on the character and civilization of the nations of the remote past, and are full of interest to the antiquary and the historian, The whole collection has been brought to London and offered to the British Museum for the .inconsiderable sum of sixty thousand dollars. It is much to be desired that some public spirited citizens should add this collection to the admirable collection already in the possession of the New York public through the gener- ous efforts of Mr. Johnston and _ his associates of the Metropolitan Art Museum. It consists of fifteen hundred and five pieces, and the gold alone has been valued at sixty thousand dollars, the sum asked for the whole collection. General di Cesnola has already given proof of his patriotism, and would no doubt prefer to send this treasure to America could purchasers be ound, The Defence of Constantinople. British interests in the East demand that the capital of Turkey shall not be permitted to fall into the hands of Russia; conse- quently every effort will be strained by England to protect that important strategic point from capture. ' It is only necessary to glance at the map of Eastern Europe in order to comprehend the value of Constan- tinople as the key of the situation, so far as England is concerned, and td see that as long as the city remains in the possession of a Power hostile to the Czar the highway to India remains open and safe. It is not that Constantinople itself lies directly in the way of a Russian advance, for it does not do so more than Athens or Cairo, but be- enuse of its peculiar position of. control over a vast area of territory which must be Rus- sianized before any successful attack can be made on the British communications. For instance, Constantinople guards the en- trance to the Black Sea, and in the hands of Turkey or England shuts in the Russian fleet as completely as tho Baltic ice closes the ports of that sea in winter. It keeps open for the fleets of Turkey and England the channel leading to the Black Sea, thus limiting the control of Rus- sia over that water to a degree highly dangerous to Russian interests, as was demonstrated during the Crimean war. With Russia in complete possession of the Euxine the most important part of the coast of Turkey would lie completely exposed to attack, and, indeed, it would be impossible to defend that territory against Russia with- out the aid of a powerful European com- bination against the Czar. Itis clear, there- fore, that the Russian aim is to secure free ingress and egress for her fleets through the Bosphorus, and this cannot be perma- nently maintained as long as a foreign Power holds Constantinople. The narrow channels, bordered by high and rugged shores which lead from the Archipelago and the Black Sea tothe Golden Horn, render the defence of Constantinople against a naval attack an easy matter even for Turkey alone. The iron-clad, and, above all, the torpedo, can be applied to this end with a certainty of success. But on the land side Constantinople is more vulnerable, and it is to that line of defence that England and Turkey are directing their joint efforts. The operations neces- sary fora successfal attack on Constanti- nople by land involve difficulties that might well cause Russia to hesitate before attempt- ing to overcome them. Before a siege gun can be pointed at the defences the attacking army must make a triumphant march across the Balkan Mountains, driving the allied English and Turkish armies before it to the city walls, Even by effectinga landing at Varna, on the Turkish coast, Russia must operate with a large number of well fortified and garrisoned Turkish positions in her rear, and a great river, the Danube, stretch- ing across her land line of retreat. The probability that English iron-clads will dis- pute the passage of an expeditionary army from Odessa by sea is very strong, and a great naval victory by Russia is therefore neces- sary to prepare for her successes on land. Taking into consideration the relative naval strength of the belligerents we are satisfied that a siege of Constantinople by the Rus- sians is only a very remote possibility. The Central Park Suspension. The position in which the Park Depart- ment finds itself—that is, without funds to carry on its duties of caring for and perfect- ing Central Park—should be remedied at once. The way is plain enough. There are a number of unexpended balances which only need the consent of the Board of Ap- portionment to apply them to that most important portion of the Park Department's care. The accusation of mismanagement which has been set up in certain interested quarters against the Park Board is too transparent to bear ex- amination. Nothing of that nature is charge- able against the gentlemen intrusted with the responsibility of preserving our great municipal pleasure ground. During all their term of service no accusation of in- competency or wastefulness with the public money has been made, An obstructiy official who, in the first place, made prom- ises that the transfers of balances should be made, lets the appropriation for the main work ran out and now re- mains passive while a cry of mismagement and extravagance is raised. This plan, worthy only of the smallest of small beer politicians, isa kind of sharp practice that gannot be applied with impunity to the vast affairs of a city like New York. It is not a question in which the arts of the politician can be allowed to intrude. The present Board of Parks has done its work compe- tently, and its expenditures have all been made on an economical scale, Nothing has been further from its management than ex- travagance, and the exact proportion of its results to the money Iaid ont is an ample answer to the charge of waste. Let there be an end, then, to this disgraceful blockade of an efficient department. Those who con- stitute themselves the enemies of the Board aro declaring themselves the enemies of our city’s progress. Their attempt to make political capital out of the situation is an insolent defiance to the intelligence of our citizens, It is short sighted, and, above all, a failure. They have blocked the wheels of a board performing sn important func- tion in our city’s economy. Let them take care that they do not delay the remedy for their act long enough to have the wheels of the city’s indignation pass over them- selves. Was It a Farm Request?—After the State canvassers of South Carolina had aggregated and declared the vote according to the ac- tual returns on Saturday, as ordered by the Supreme Court, Senator Gordon requested that clerks might be permitted to copy at his expense the original figures from which the canvassers made up their count, Canany honest reason be given why this request was denied? The refusal was not indeed abso- lute, as the canvassers made an intimation that it might be complied with on Monday, Senator Gordon replied that the reason why he wanted to copy them at once was a fear that they might be changed before Monday. He evidently suspected that the count was not in accordance with'the original figures, and he wished to test it before the figures could be altered. The refusal looks too much as if the members of the Board dared not submit the honesty of their count to so direct and simple a test lest exposure should overtake them on the spot. Ifthis was not the mo- tive of the refusal what was it? American Cla to Culture. The recent work of a French writer who came to inspect our Centennial Exhibition and observe our people is exciting a degree of attention in the English press quite dis- Proportioned to its importance. That blun- dering French book has not salt enough to keep it sweet ; but its author has rendered a service by supplying the occasion for a dis- cussion from which more can be learned than from his pages, The London daily and weekly journals have shown a disposition to do us jusiice, but some of them have evinced kind intentions rather than real knowledge of this country. We are glad that Professor Draper took occasion in his admirable lec- ture a few evenings since to speak of one branch of American culture and to correct the misconceptions of our own country- men as well as foreigners. American ignorance is, indeed, the chief source of foreign blunders respecting the United States, It is natural that travellers should believe much of what is told them, and when they hear Americans descant on our inferiority it is not surprising that they take them at their word. But, as Professor Draper aptly suggests, ‘Many of these humiliating accusations are made by persons who, because they are ignorant of what has been done, think nothing has been done, They mistake what is merely a blank in their own information for a blank in reality.” Travellers, whosé associations are mainly with this class, get distorted views of what this country has done and is doing in literature, science and art. We wish that some gentleman who is as competent to speak with authority of our literature as Professor Draper is of American science would come out, like him, and place our exertions in their true light; and that some other person equally qualified ‘to speak would render the same service to American art. It is of comparatively little importance what foreigners may think of us, but it isa shame for our own countrymen to be ignorant of our contributions to human progress. The following extract from Pro- fessor Draper's lecture summarizes some of our achievements in those branches of knowledge which come within the scope of his studies :— Wo have sent out expeditions of exploration both to the Arctic and Antarctic seas. We have submitied our own coast to a hydrographic and geodesic survey not excelled in exactness aud extent by any similar works elsewhere. In the accomplishment of this we have been compelled to solve many physica: problems of the greatest delicacy and highest importance, and wo have dove 1t successtully. The uring rods with which the three great base lines of 0, Long Island, Georgia, were dev ed, and their beautitul mecbant- cal appliances, have exacted the publicly expressed ad- miration of some of the greatest aropses philosophers and the conduct of that survey their unstinted ap- plause. We have instituted geological surveys of many of our States and much of our Territories, and bave been rewarded not merely by manifold local bene- fits, but also by the higher honor of extending very greatly the boundarie: hat noble science, At an enormous annual cost ave maintained » meteor- ological signal system which I think 1s not equalled, and certainly is not surpaased, in the world. should it be said that selfish interests have been mixed up with some of these undertakings we may demand whether there was any selfishness in the survey of the Dead Sea? Was there any selfishness in that mission that a citizon of New York sent to Equatorial Africa for the finding and relief of Livingstone, any in the astronomical expedition to South America, any in that to the Valley of the Amazon? Was thore any in the sending out of parties for the ob- servation of the total eclipses of the sun? It was by American astronomers that the true ebaracter of his corona was first devermined. Was there any in the seven expeditions that were despatched for observ- ing the transit of ? Was it not here that the bi-partition vf Bis met was first detected, here that the eighth satellite of Satura was discovered, hero that the dusky ring of that planet, whicn had escaped the penetrating eye of Herschel and all the great Euro- pean astronumers, was first seen? Was it not by an American telescope that the companion of Sirius, the brightest star in the heavens, was revealed and the mathematical prediction of the cause of his perturba- tions verified? Was it not by a Yale Uolloge protessor that jhowers of shooting stars were first scientif- cally discussed, on the occasion ot the grand American display of that meteoric phenomenon in 1833? Did we not join in the investigations respecting terrestrial magnetism instituted by European governments at the suggestion of Hamboldt and contribute vur qaota to the results obtained? Did not the Congress of the United States vote a money grant to carry into effect the in- vention of the electric telegraph? Does not the pub- shed flora of the United States show that something has been done in botany? Have not very important investigations been made here on the induction of Magnetism in iron, the effect of netic currents on one another, the translation of quality into intensity and the converse? Was it not here that the radiations of incandescence were first investigated, the connec- tion of iucreasing temperature with increasing re- frangibility shown, the distribution of light, heat and chemical activity In the solar ‘um ascertaincd and some of the tundamental facts in spoctrum analy- 818 developed long beiore general attention was given to that subject in Europe? Here the first photograph of the moon was taken, here the first of the diffraction spectrums was produced, here the first portraits of the human feco were made—an experiment that has given rige to an important industrial art! We are sorry that we cannot make this ex- tract longer and include what Professor Draper has to say of American success in his own special department of chemistry. But we trust his excellent discourse may be printed in large, clear type as a pamphlet and obtain a wide circulation. : Temper J Mercy. The phrase ‘Jersey justice” has grown to mean dealing out the severest statu- tory penalties to all transgressors of the law, particularly in enses of homicide. Where, as in New York, there have been so many failures of justice in cases dealing with the taking of life, an admiration not at all logical for the practice this phrase embodies is likely to be engendered. The best experience of the wisest commentators teaches us to recognize that the gradation ofthe punishment to the crime is the most delicate function of the judge, because after all the evidence is in, all the arguments made, and the verdict rendered, there is beyond all the legal subdivisions of guilt- iness, in almost all cases, a latitude given to the judge as to whether the punishment shall be more or less; or where the punishment is exactly prescribed by law there at lenst ro- mains the recommendation to the mercy of the higher powers, which seldom fails of its effect, In the Brock murder trial at Newark, which had its last act on Saturday in the sentencing of the two men, Chatles Osch- wald and Thomas Ryan to the gallows, there was no distinction made between the crimes of the men ; but, whatever the letter of the law may say, a dispassionate examination will prove that there was a difference. On the morning of August 3 the policeman Brock entered a house in which two burglars were operating. While thus pursuing his duty he was shot down by one of the thieves. The unfortunate officer died of his wound. The two men named above were arrested, and link by link the evidence was made into a chain which made it clear,to the jury that Oschwald fired the fatal shot; that Ryan was the other burglar and particeps criminis in being pres- . ent when the murder was done. It may not be often that the case of a man who confesses to being convicted of other offences, and whom a jury was satisfied was acting as a burglar when his fellow shot and killed an officer, attracts the attention of the law- abiding. Still, we think that this case deserves consideration. There is a manifest disparity between the guilt of the two men, and we think, upon a careful re- view of all the circumstances, that Jersey justice may, in Ryan’s case, be advan- tageously tempered with mercy. Outlaw and outcast as the man may be, there is nothing for the community to gain by in- flicting undue punishment upon him. He did not murder, and the best instincts of humanity cry out against taking human life for a crime short of killing. That he bears no weight of the awful crime upon his shoulders we do not say, but the penalty of death is too great for his share of it, which is more in the nature of accessory after the” fact than active accomplice. We earnestly appeal for a mitigation of his sentence, The Turkish Conference. Turkey evidently expects to take pazs in the Conference, to which it has consented, to judge by the selection of its plenipoten- tiaries, These are Midhat and Savfet Pachas, both men of ability and force of character. The hope of peace, at present weak in all quarters, may be strengthened by this; but the continued preparations for war by Russia and England show that reliance on the strongest battalions is up- ° permost in Europe. At the same time it is certain that England will make a strong effort to avert hostilities. The gravity of the situation may be judged by recalling a fact or two. The armistice which stopped the otherwise inevitable march of the Turks to Belgrade was concluded to save Servis, Before it is half expired the vio- torious Turk is practically asked to show cause why he should not be deprived of a territory many times greater than that whose suzerainty he had long enjoyed with the consent of Europe, and which he had all but reconquered from the rebellious Serbs. We are aware that the Conference will carefully avoid considering the case in these words. It will speak of the “independence and integrity” of the Ottowan Empire and the reforms necessary to make the Christian subjects of the Sultan happy. ‘he understanding will be dif- ferent. Turkey must consent to things which no independent Power would sub- mit to if peace must be preserved. She will be backed by all the might of England in trying to make these things—the material guarantees of the promised reforms—as little galling as possible, but she will have to make large concessions under the menace of Russia. If will be a difficult knot to unravel, and Great Britain’s statesmen will have an opportunity of bringing their most cultivated powers to the task, A modicum of moderation on the part of Russia will help the Conference to a pence- ablé end. The issue of a popular Russian loan of eighty million doflars for the late extraordinary expenditures in moving “troops is not an encouraging symptom, PERSONAL INTELLIGENCE, Tho Algerine negroes are often very handsome men, Governor-elect Lucius Robinson is at the St, Jame Hotel, Senator Thoodore F, Randolph, of New Jersoy, is af the New York Hotel. Minnesota 1s grinding horown wheat. This would please Horace Greeley. Danbury News:—“Tom Thumb is going West—tg grow up with the country.” Leeds, according to Captain Webb, has more gooq swimmors than any other town in England, Theroare many Massachusetts men who woald be on the fence if there were only fences enough. The Boston Globe, a very independent paper, nomi Bates Senator Authony for Presdent of the Senate. “These revorning boards,” said Mrs. Partington, “show that there are honest mona who return them.’* A Frenchman says you mast talk German to yous horse, Italian to your sweetheart and French to your Maker. Queen Victoria has thirty-one stag hounds, which, under Lord Hardwicke, aflord much sport for the gon- try in Slough, * ‘A Rogsian rogiment, experimenting, swam, with one hand on their horses’ manes, across a river 250 feet broad in a quarter of an hour, ‘When we hoar that a waiter girl ora hotel porter has inherited a fabulous fortune in the old country, we find that most of the figures go for nought. Henry Watterson, according to the tone of his pa- per, went to New Orleans, not to havea particularly honest count, but to havo Tilden elected anyway. ‘The Rocky Monatain News, ono of the most usefal papers on our exchango list, was first printed under a tent. Mr. Byors, its first editor, 1s still its manager, Mr. Bradley, a traveller, was at Bangkok, and while the moon was at its full he saw eroses and many other great animals sporting in the gilded waters. The news comes from Rochester that the two men who bet on Tilaen and Hayes, so that the loser should go without his drinks for the remainder of the year, are both tippling as usual. The St Louls Globe-Democrat'says it invented the phrase, “bar’l o’ money.” Judging from the parm graphical habits of that paper, it must have stoleg either the money or tbe barrol. ‘The King of Greece is wrising a book on bees.—Bal tmore Gazette, All write, honey. It ought to cell New York Commercial Advertiser. What @ beestly pun.—Hurlington Hawkeye. Boo-bive yourselves, Paragrapbers who say that Mr. Tilden is engaged t¢ be marriod to Mias So-and-so may have a very good joke on the olderly candidate, but they may be hurt ing the feelings of some nico‘lady. Gentlemen, hold pp Boston Advertiser: — little rooster, 9 Swing to the federal troops. George Wurts, ly Centennial poem ~ worth mentioning, and who wrote, the occasion of the firing at Holl Gate, “Only Baby’s Fingers,” will “probably have am artist to illustrate him. His poetry 1s ag pweet and transparent as his own character, From London Punch :—Lady’s maid—‘I beg pardon, mavam, but your dress ts trailing—hadn’t 1 better loop it up before you go out!’ Lady—‘No, thanks, Parker, I prefer Jetting it trait, as it’s the fashion just now—.! ‘Lady’s maid—‘Yor, ma'am; bat as the dress is to be minesome day I think I ought to have some say in the matter |’ ” Bob Toombs—‘‘I am not devoted to the fourteenth and fifieenth amendments, I am not in favor of in- ternal improvements by tho general governmem. I ‘fam against all national banks, 1 am against enlarging the army to sbow my lcyalty; againestelavish appro. priations to the Fourth of July barbecuc. I am utterly opposed to negro saffrage and shali be as long as I live.”” London Ezaminer:—‘We stare at paintings at the Acalemy exhibitions, or on sign boards, or In shop windows, or on our friends’ dining room walls, accord- ing to our respective dutios and opportunities, and > some of us thivk we find a certain mild pleasure operation, but we ere in too great a hurry, Norant, or too prosaic to feel the artisi’s bis work, or to receive from it any impression worth retaining,” rhino \ / ’