The New York Herald Newspaper, November 28, 1876, Page 6

i ; } NEW YORK HERALD BROADWAY AND ANN STREET. JAMES GORDON BENNETT, PROPRIETOR, PRES std 2: «2A EE THE DAILY HERALD, published every day in the year, Three cents per copy (Sun- day excluded). Ten dollars per year, or at rate of one dollar per month for any period jess 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 Herary, Letters and packages should be properly sealed. Rejected communications will not be re- turned. PHILADELPHIA OFFICE—NO.112SOUTH 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. VOLUME XII. AMUSEMENTS T0-NIGHT. NEW YORK AQUARIUM. Dpen daily. ‘ BOWERY THEATRE, MIDE OF LIFE, at 8 P.M. UNION St RE THEATRE, MISS MULTON, a1 8 GRAND O HOUSE. UNCLE TOM’S CAB. 3 F un BOOTHS THEATRE. SARDANAPALUS, at 8 P.M, Mr. Bangs and Mrs, Agnes jooth. GERMANIA_ THEATRE, DER GROSSE WURF, as 8 P. LYCEU. FOOL'S REVENGE, at 8 HMEATRE, Edwin Booth, FIFTH A’ 48 YOU LIKE IT, at8 BROOK! IULIUS CAESAR, at 8? GILMORE’S GARDEN, BARNUM’S CIRCUS AND MENAGERIE, at 1 and 8 P. M, WALL. THEATRE, THE SHAUGHRAUN, PAR MUSETTE,.at 8 P.M. NIBLO'S GAKDEN, BABA, at 8 P. M. : EAGLE THEATRE, VARIETY, at 8 P. M. ISCO MINSTRELS, atSP. M. SS MINSTRELS HELM PRESTIDIGITATEUR, COLUMBIA 01 ERA HOUSE, VARIETY, at SP. M. Matinee at P.M. VARIETY, at 8 P. M. .. OLYMPIC THE. VARIETY AND DRAMA, at M. TONY P VARIETY, at 8 P.M. Matinee at 2 P, M. THIRD A BURLESQUE DRAMA, MABIL BMABILLE MYTH, at 5 PARISTAN VARIETY, at 8 P. M. TIVOLE THEATRE. VARIETY, at 8 P.M PHILADELPHIA THEATRES. ZOOLOGICAL GARDEN, KIRALFY'S ALHAMBRA PALACE, AROUND THE WORLD IN KIGHTY DAYS. NEW NATIONAL THEATRE. THE BLACK CROOK. TRIPLE SHEET. Y, NOVEMBER 28, 1876, NOTICE TO THE PUBLIC, Owing to the action ofa portion of the carriers and newsmen, who are determined that the public snall Dothave the HERALD at three cents per copy if they can prevent it, we have made arrangements to place tho Henawp 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 reports this morning the probabil- ities are that the weather to-day will be warmer in the morning, followed by cold in the afternoon, and cloudy or partly cloudy, possibly with light snow. i Wat Srrretr Yzsrerpay.—Stocks were irregular and generally lower. Gold opened and closed at 109 1-8, with sales meanwhile at 109 1-4. Money on call loans was sup- plied at 3 and 4 per cent. Governments were a trifle weaker and railway bonds un- steady, without important change. Tne Acgurrrat or Commissioxern Fowrer yesterday on the charges brought against. him before the Brooklyn Aldermen rejoices his friends. May the City of Churches’ treasury have no cause to mourn. Tue SeprvaGENaRtAN who writes the breezy story of a ride on Colonel Delancey Kane's Pelham coach, which we copy else- where from the Spirit of the Times, certainly does not show his age in the fresh animal spirits that bubble over at every line. It is enough to give vim to a man with the most sluggish blood in his veins. Mistaxen Ipentitx.—The defence made by Mr. Hall of the man charged under the name of Ralston with being the leader in the great bond forgeries of 1872 that he is not Ralston at all, but another ‘‘crooked” man, will recall many of the startling cases of mis- taken identity which have come to light in criminal annals. It is Gne of the most diffi- cult things in criminal practice, in the face of positive evidence that the prisoner and the criminal are identical, to prove that such is not the case. Out of nine witnesses for the prosecution who had dealings with the forger only two swore positively that the prisoner was the man—one of them the private detective who arrested him. Tho other seven testified to different shades of belief in the identity of the prisoner with the forger. The case is to be continued to- day. if Waar Dors Mz. Green Want?—Mr. fireen once more blocks the way. He threatens to become the enfant terrible, the spoiled child of New York. He wanted to _ be Mayor; he wanted to have the Central Park managed according to his peculiar no- tions ; and now he balks about the Comp- trollership, We are sorry for Mr. Green ; we have no doubt he would like to be cap- tain and all hands for the city. He is like a spoiled little boy who is taken by his impra- dent mamma into a toyshop, and who, instead of being delighted, loses his temper because he cannot have everything he sees. Mr. Green cannot have the whole shop—that is impossible ; but if he will let us know pre- sisely the kind and size of tin whistle that would amuse him and make him stop growl- ing we will try and help him to it. Only he ought to be moderate. He has now held office nearly as many years as Goneral Dix, we should say. NEW YORK HERALD, TUESDAY, NOVEMBER 28, 1876.—TRIP™-" SHEET. Presidemt Grant's Responsibility in This Crisis. We do not know that President Grant has done anything blameworthy and are sure that he has done nothing illegal in ordering troops to such stations in South Carolina as will make them readily available im an emergency which would justify their em- ployment. As commander-in-chief he has unquestionable authority to regulate the distribution of the federal forces. He cannot carry them beyond our frontiers except in a foreign war, and as they must be posted somewhere within our own country he is free to select the places. No State has any right @o complain of their presence, to object to their transit through its territory, nor to their remaining in any part of it so long as they are not used for purposes of illegal in- terference with its affairs, We have, there- fore, declined to join in party out- cries against his local disposition of the troops or his accumulation of them in unusual numbers at any particular point, So far and so long as the President acts within the limits of his clear constitutional authority we have no word of censure to utter. We shall not in any event indulge in captions criticism. We mean to judge him fairly, to support him when we can and blame him only when we must. The diffioult and trying crisis which has arisen in South Carolina causes great solici- tude, attended with some anxiety as to the action of the President. We sincerely trust that he will not make his course in Louisiana in January, 1875, a precedent on this occasion. It is not improbable that a condition of things may exist at Columbia to-day or to-morrow similar to that in New Orleans when the Louisiana Legislature was dispersed by federal soldiers at the point of the bayonet. The South Carolina Legislature assembles to-day, both parties claiming a majority, as they did in Louisiana two years ago. The democratic members whose election the Canvassing Board refused to certify will, nevertheless, claim their seats, present- ing a transcript of the proceedings of the Supreme Court as credentials, and maintaining that in the judgment of the Court they were duly elected and cheated out of their certificates by the contempt of Court for which the members of the Board have been fined and imprisoned. If they should take part in the organization there will bea democratic majority and General Hampton be declared Governor, against the protests of the republican members, who will claim that only those holding certifi- cates have any title to take part in the pro- ceedings. This will be substantially the Louisiana case over again, but we trust the parallel will not be completed by the intro- duction of federal troops into the halls of legislation to drive out the members, The prompt and indignant publio rebuke with which that act of military violence was visited, and its severe condemnation by eminent republicans like Mr. Evarts, Mr. Bryant and so many others, should be a caution to the President not to mako the same mistake again. The republicans who publicly denounced that bold act as a dan- gerous violation of the constitution and an alarming blow to popular liberty will not think differently of such an act now from what they thought then. Although these same gentlemen voted for Hayes they will revolt against any attempt to make him President in violation of law. If the strong opinions expressed by Mr. Evarts respecting the dispersion of the Louisiana Legislature were correct they would have justified an impeachment of the President. He was safe against such a proceeding then by the fact of alarge republican majority in that Con- gress, but a democratic House of Represen- tatives will be in session in less than a week anda repetition of the same military vio- lence will not be slurred over and excused as it was before. The republican party cannot afford to have the President provoke in this crisis an- other outburst of public indignation ,like that which followed the high-handed pro- ceedings in Louisiana. President Grant cannot afford to disgust and alienate a large section of the republican party, including its ablest lawyers, by acts which would in- evitably lead to his impeachment. The House of Representatives have both the power and the will to impeach him if he should prostitute his authority over thé army to aid the dishonest election of his successor, and sect up a President at Wash- ington as he set up a Governor at New Or- leans. The best legal minds in the republi- can party would not undertake his defence in his trial on the impeachment, being pre- cluded by their vigorous denunciation of a former act of the same kind and by the strong reasons they then gave from ar- guing the opposite side. President Grant cannot wish to court an impeach- ment when he is about closing his long career of distinguished and, in the military part of it, at least, glorious public service. He should naturally wish to retire with the good will of his fellow citizens of both par- ties, and the unanimous admiration of re- publicans. But if he should repeat the Louisiana mistake and be impeached in con- sequence, he will be exposed to greater rancor and obloquy than during any part of his political career, and the passions kindled during the impeachment would follow him into private life. Assuredly, President Grant would prefer to retiro from the stage with the plaudits of the country to which he has rendered so many brilliant services. Assuredly, he cannot wish to have it re- corded in the pages of history that he was impeached in the closing months of his ad- ministration, and that eminent jurists of his own party thought the impeachment not undeserved, as they are certain to do should he repeat the Louisiana blunder. We do not question at all the upright- ness of President Grant’s intentions, and we have always been disposed to make allowance for his military education and his bias for military methods. We also make allowance for the influence of bad advisers. When he committed the Louisiana mistake, and Secretary Belknap—since impeached and disgraced—telegraphed to General Sheridan that ‘all of us,” meaning the whole Cabinet, approved what had been done, Secretary Fish and other members de- nied all knowledge and disclaimed all re- sponsibility. He must not again act in so grave a matter without the sanction of that part of his Cabinet in whose judgment and discretion the country has most confidence. If he takes no steps of which Secretary Fish is unwilling to share the responsibility, and which Mr. Evarts, the foremost republican lawyer, is not willing to defend, he will be on safe ground and may defy the carp- ing criticism of mere politicians, But if he surrenders himself into the hands of Chandler and Cameron, whom the people do not trust, and acts without the approval of his wise and cautious Secretary of State, he will get into hot water. If Mr. Fish should resign, as Mr. Cass felt constrained to resign in the last months of Buchanan’s administration, because he was unwilling to share the re- sponsibility of acts which he disapproved, the House would be greatly strengthened in impeaching the President, and the best re- publican lawyers would decline to defend him in his trial before the Senate. If Presi- dent Grant should be put in this unenviable and humiliating position it would be in con- sequence of listening to bad advice. His unserupulous and wrong-headed ad- visers will have no power to protect or shield him after they have pushed him into acts which would make him liable to im- peachment. He will have to bear the con- sequence of their sins. The country will not stoop to notice them in such a conjunc- ture, The people will fix the responsibility where it belongs in law, lie where it may in fact. Hot-headed partisans like Chandler can do nothing to defend him. He will have to bear the whole brunt of the accusations, and he will find ita great misfortune in such an emergency that the wise members of his Cabinet and the great lawyers of his party find it impossible to justify his conduct. Men like Chandler and Cameron will be frail and broken reeds for him to lean on in the event of an im- peachment. He would have to breast the storm alone. If he makes an unconstitu- tional and indefensible use of the military power, as he did in Louisiana, it will not be a question between the two political parties, but a question between the American people on one side and a faithless guardian of their institutions on the other. Whatever he does in this extremely critical posture of affairs he needs to do it with the full approbation and declared sanction of those eminent republicans in whose moderation and wis- dom the whole country has confidence. There must be no more assumptions that “all of us” approve what the wisest mem- bers of the Cabinet condemn. There must be no more examples of unwarrantable mili- tary violence which the great republican lawyers think it a duty to denounce. We appreciate the difficulties of the situation ; but these difficulties only make it all the more imperative that no steps be taken with- out the best advice and unequivocal sanction of such republicans, both in the Cabinet and out of it, as the people feel it safe to lean on in great and delicate conjunctures. The Sultan and the Treaty of Paris. Russia and England, if we may accept plain, semi-official declarations, are so far agreed upon the reforms necessary in European Turkey and upon the guarantees to be required of the Sultan that a difference between them upon these points is very un- likely to ruffle the harmony of the'Confer- ence; but Turkey strenuously stands by her “rights” and appeals to the Treaty of Paris. As the Earl of Beaconsfield also appealed to the Treaty of Paris in his Mansion House speech this appeal of the Sultan will cer- tainly be heard with sympathy, and it is not certain to what extent it may receive the support of the Marquis of Salisbury. The part of the treaty that the Sultan claims as his guarantee is the ninth article. That article is as follows:—‘‘His Imperial Majesty, the Sultan, in his constant solicitude for the well being of his subjects, having granted a firman which in ameliorating their condi- tion without distinction of religion or race, devotes his generous intentions to the Christian populations of his Empire, and wishing to give new evidence of his sentiments in this respect has resolved to. communicate to the high contracting Powers this firman--the spontaneous expression of his sovereign will, The high contracting Powers recognize the importance of this communication, It is understood, however, that this will not in any case give to the said Powers the right to interfere collectively or separately in the relations between His Majesty the Sultan and his subjects, nor in the internal administration of his Empire.” Now, is this a guarantee of the Treaty of Paris for the perpetual independence of the Sultan's Empire? Not at all. This article deals with a communication made by the Sultan to the Congress. That communica- tion related to the internal administration of his Empire. The fact of the making of such acommunication might in the future have been interpreted as an admission on the part of the Sultan of the right of the Powers to supervise his domestic administration, and the last clause of the articlo is simply precautionary, to guard against such an _ interpre- tation of the present communication. It is not, therefore, a declaration in general terms of immunity from intervention, but only specifically that the Sultan's having made a certain communication shall not be pro- duced against him in the future. On the contrary, the Treaty of Paris, when it does touch the general subject of the internal administration of the Ottoman Empire, touches it in a way that His Majesty will, perhaps, not quote as a precedent; for it exhibits by its example its opinion that a general congress has supervision of such concerns. In fact, the Treaty of Paris did actually deal with the internal affairs of the Sultan’s Empire by its declarations in eight articles, from twenty-two to twenty- nine inclusive, in regard to the principali- ties and to Servia; and if that Conference might act thus with regard to those prov- inces another may exercise the same au- thority with regard to Bulgaria and Bosnia, Naxeviy Statrep.—Jacobi & Co., who are charged with almost exactly imitat- ing the revenue stamp for imported cigars if a fancy “caution” label for the boxes which contain their domestic cigars, and so intending to deceive the public, make a queer plea, They say it is the duty of the government to protect the revenue, but not The Political Situation. The Louisiana Returning Board yesterday in opening the returns of a number of par- ishes laid aside uncounted those which showed large democratic majorities, though no protests accompanied them. They seem to have given no reason for this course, the rule being to finish all unprotested returns as they are opened. It looks as though the Board meant to see how largethe democratic majority really is, in order the more securely to cut it down. Members of the republican committee sent down last year to investigate the action of the Board in 1874 declared the frauds then discovered to be not only shameless but clumsy. Remembering the scandalous tampering with returns, acciden- tally discovered on Saturday ; the refusal of the Board to allow the democrats a member, though the law prescribes five members ; the refusal to admit the press; the secret sessions; the suspicions and un- justifiable laying aside of unprotested returns from democratic parishes yesterday ; the refusal to send for returns of a dem- ocratic parish known to the Board to be waiting their order in an express office— honest men in the North will see that the Board is neither more honest nor more ex- pert in fraud than it was said to be two years ago. Another clumsy piece of management came up yesterday. The Board suddenly announced that they had so modified rule eight as to exclude hereafter rebutting testimony. Democratic counsel urged that they ought to have had notice, inasmuch as the republican side had had opportunity to get in their rebutting evi- dence ; but the Board could not see it. The Board also declines to hear or read any mo- tions or protests whatever. These people go on as though they really believed that the re- publican party in the North was as lost to all sense of decency and fair play as them- selves, They do not appear to see that they are making it impossible for Governor Hayes, who is a reputable citizen with a character to lose, to accept the Presidency at their hands, From Florida come divers rumors, and at last an account of the hitherto carefully con- cealed republican statement of the vote, which our correspondent gets from Governor Stearns. The republicans give the State to Hayes, he reports, by 42 majority. The democrats claim 181 for Tilden and hope to increase it by showing frauds and miscounts on the other side. The Returning Board began work yesterday, and there seems to be some reason to hope that it will make a fair and speedy canvas8. Concerning the situation in South Caro- lina we have written elsewhere. The demo- crats have requested the attendance of Chief Justice Waite at the hearing of the habeas corpus case in the United States Circuit Court. We trust he will go; the case is of the first importance, and Judge Bond ought to be glad of his help. From North Carolina comes a report that Mr. Keogh, Chairman of the Republican State Committee, has filed a protest against a dec- laration of the vote, taking exception to the returns of twenty-three counties, and assert- ing that the State should be given to Mr Hayes. - Life Insurance and Real Estate. The table of real estate investments by fire and life insurance companies, which we printed yesterday, has attracted, as it de- served, a great deal of attention. It showed that the life insurance companies of New York hold mortgages to the amount of over one hundred and twenty millions of dollars on real estate in this city. This, we need not say, is very considerable sum of money. As the nature of this security is of the utmost consequence to hundreds of thousands of families all over the country, it may not be amiss to explain to them that it has been the rule of these companies to loan their surplus cash on city real estate, to the extent, at most, of fifty per cent, but among the prudent companies to not more than one-third or two-fifths of its market value. The greater part of the mortgages now held were made when real estate had what is now seen to be an inflated value ; and the shrinkage of the last three years, which amounts to about forty per cent according to the general opinion, onght not to touch as yet the real security of these in- vestments where they have been prudently made. That all the companies have been equally cautious, or that all the investments of any one company have been equally saga- cious, is not to be expected ; but there is no reason to believe that there has been among them any general imprudence ; rather the reverse. This, however, is a matter of such vital importance to the insured that we suggest to the State Superintendent of Insurance the propriety of making a careful investiga- tion into the securities held by the different life companies, in which he should, we think, seek to ascertain what number of foreclosures have been made in each com- pany; what, if any, losses have been suf- fered ; what amounts of interest, if any, are in arrears; what amounts of property have been bid in at foréBlosure sale by companies, and what is the real present value, com- pared with the face value or purchase price, of such property which has been bought in. From the best inquiries we can make the life companies are generally in a sound con- dition. Butif there are any otherwise; if anywhere there has beon unbusiness-like management, resulting in losses which ac- tually impair the security of a company, the public ought to know it. Mr. Smythe, the Insurance Superintendent, is; we believe, an honest and capable man, and we hope he will undertake the scrutiny we have sug- gested. Pettifogging in Oregon. We hope the democratic leaders will not encourage Governor Grover, of Oregon, in what we believe to be a piece of small petti- fogging. It is said that, one of the republi- can electors being ineligible because he held the office of postmaster, the Governor now means to give the certificate to his demo- cratic opponent, Thisis nonsense. The people of Oregon gave a republican majority ; clearly they meant to choose the body of republican electors. Who these were they did not know nor particularly inquire—probably half the voters did not even know the names of the electors. They intended to cast their votes the public, Thisis putting it protty nakedly, J for Hayes and Wheeler, and did so by the cumbrous machinery provided by the consti- tution, Their plain intention must rule in the matter, and the more so as the State law allows the Electoral College to fill vacancies. In any case the democrat, who did not receive a majority of the votes, is not elected. The democratic position with the country at this moment is too strong to be frittered away by any pettifogging mananvres. The overbearing and suspicions course of the republicans in the three disputed States and the peaceable and orderly conduct of the democrats down there is rapidly turn- ing public sympatliy to the democratic side. It wovld be a great folly in them to sacrifice their position now by misconduct, and espe- cially by a small attorney trick which is unworthy of any party. The democrats want Mr, Tilden installed if he has been fairly elected; not otherwise. Now, to grab a vote in Oregon by a petty device resting on the barest technicalities, cannot help them, and will not, before the country. The New City Comptreler. Mayor Wickham gave the city an agree- able surprise yesterday by nominating to the Common Council Mr. James 8. Thayer as the head of the Department of Finance and successor of Comptrolier Green. It was ex- pected that he would name Mr. John Kelly for that office and that Mr. Kelly would be confirmed at once, The Common Council were so taken by surprise that they deferred action on the nomination until their next meeting, partly, we suppose, from a wish to consult with Mr. Kelly and learn from him whether the appointment of Mr. Thayer is in accordance with his wishes. There is probably no reason to fear that Mr. Thayer will not be confirmed, unless the Aldermen are led to think that Mr. Kelly wants the office. In that case they might reject the nomination, and every other which the Mayor might make except Mr. Kelly himself: We do not believe that Mr. Kelly will al- low the matter to pass into such a shape. His pride would disdain to seck an office for which he was not naméd after he had been so prominently mentioned in connec- tion with it with his supposed assent. He would scorn to encourage a factious opposi- tion by the Common Council to a really good appointment. Much less would he lay himself open to the suspicion to being o party to an intrigue for staving off the ap- pointment of a Comptroller until Mr. Whit- ney’s name is sent in for Corporation Coun- sel, witha view to make a withdrawal of Mr. Thayer's name a condition of Mr, Whit- ney’s confirmation, Mr. Kelly cannot now afford to seek the office nor to take it, and least of all to plot and intrigue against so respectable an appointee as James 8. Thayer. Mr. Thayer has long occupied a place of distinction in the democratic party of the State and city. Originally a whig, he imme- diately joined the democrats on the disso- lution of the old whig party, and has ren- dered. brilliant service for more than twenty years in the ranks of his new associates. He is one of the most interesting and popular speakers in the State, and has always held a respectable rank as a lawyer. He'will make a diligent, capable, uprightand faithful Comp- troller. He is a gentleman of courteous manners, the best associations, and is highly esteemed in every private relation. He can be firm without being brusque and offensive, and regards it as so much a matter of course to be honest that it would never occur to him to parade his honesty as a distinction whose possession made him supercilious and uncomfortable. We congratulate Mayor Wickham on his having gone outside the ranks of hack politicians and vulgar office- seekers to find the new head of the impor- tant Department of Finance. fi Taz Weatner.—Numerous depressions are now moving over the country from the westward, causing rapid changes of weather in the various sections. The area of low baronteter on the Nova Scotia coast begins to move slowly away, as indicated by the increase of pressure. A storm centre isnow passing over the lake regions accompanied by rain and snow, but it is affected by an area of high pressure in Manitoba, which will soon force it to the Atlantic coast and beyond the range of our observations. Another depression begins to show itself in Dakota, but will probably be soon filled from the high area adjoining. Snow fell last evening at Albany, Buffalo, Cheyenne, Erie, Escanaba, Milwaukee, New York, Pittsburg, Port Huron, Parry Sound, Rochester, Toledo and Toronto, showing the wide area of the precipitation. Although the weather in New York this morning will be warmer than yesterday a cold brisk wind will follow in the afternoon, possibly accom- panied by light snow. A Cuance ron Mr. Evants.—We have re- ceived several lotters from merchants and other citizens of New York, suggesting that the public would be greatly interested to hear Mr. William M. Evarts’ opinion on the present political situation, and that the merchants and bankers who some weeks ago, before the election, called him out would do well to ask him once more for his advice. We think well of the suggestion, and wish that the gentlemen at whose instance Mr. Evarts spoke before the election would now ask him to address them again. His ad- vice and his opinions would be received with interest, and would have great weight in all parts of the country. His influence would, we do not doubt, be cast on the sideof peace and honesty, and at this moment the voice of men in whom the public has confidence ought to be heard. i Tne Boanp or AupeRMEN have just re- ceived a communication from the Corpora- tion Counsel relative to the water question, which throws some light on the intentions of the Board last April. Mr. Whitney, while instructing the Common Council as to the legal bearing of the case, informs them officially that there is much diversity of opinion regarding the plan to be adopted for the relief of the city, It is clear enough that the present administration are unable to select, not to say devise, a plan. Let us, therefore, have a commission appointed in January who will report in March, so that the work may commence not later than June next. We want no pottering about this matter ; too much time has been lost already in useless discussion, Judge Bond’s Action in South Carolina, We are of the opinion that no federal court has a right to release by habeas corpus prisoners committed by order of a State tribunal in a matter which belongs exclu- sively to State jurisdiction. But as Judge Bond has not yet decided that he has authority to set these prisoners at large we will await his final action and his statement of reasons before undertaking to criticise his conduct. We have no fault to find with his putting the prisoners in the custody of ‘the United States Marshal, When they were produced in obedience to the writ they became sub- ject to the disposal of the Court during the proceedings. Had arguments been heard and the question decided yesterday there can be no doubt thgt the Court would have had custody of the prisoners while they were before it. The counsel of the Sheriff asked ‘time to prepare and argue his case, and it is no unwarrantable stretch of authority for the Court to retain control of the pris- oners until a decision is reached and the case ended. The Sheriff's right to their further custody depends on the final order of the Court, and the Court could guard them only by putting them in custody of its own officer. If, after hearing counsel on both sides, Judge Bond decides that he has no authority to order their release, no rea- sonable fault can be found with his keeping them in his immediate control during the pendency of the proceedings. Whatever he may do he cannot escape the earnest scrutiny of the public and the Bar, and he must stand or fall by the judgment of the better part of the legal profession, who are the only competent critics of Judge Bond's points of law. If he releases these prisoners we ex- pect to find the judgment of eminent non- partisan lawyers against him. It is to be hoped that the further proceedings will be had beforo Chief Justice Waite, whose presence has been requested. Ho can hardly refuse to go. Kare Horrmax is the victim of appear ances. -The sick child with which she at- tracted the sympathy of the charitable is alleged by the police to be made of old elothes, The “rag baby” has been sick, very sick, since the election. We advise the officers to take the foundling to Peter Cooper and ask him if he will provide for it. Fiat justilia, ruat celum. PERSONAL INTELLIGENCE. Mrs. Senator Thurman Is an invalid. Mrs. General Augur is visiting Texas. Mrs, Sartoris Ig to have a ball av the White House, | Count L. de Turenne, of France, is at che Brevoor’ House. It 18 not correct to say that a Boston man doesn’t know beans. Senator Samuel B. Maxey, of Texas, is at the Fifth Avenuo Hotel. © Heine said Byron was the only man to whom he folt himeelf related. “3 To the Turkish soldier fighting is only a business, ‘with no idea of home. Sonthern California is beasting of a greatly increased yote and population, Rochester Democrat:—‘Ludlow Stroct Jail announces @ groat democratic gain.” Yi Turkeys are strutting round as if we were net going to fast off them on Thursday. An oyster should not be boiled im milk, tho .°% cod milk may be added to a stew. Senator Cockrell, of Missouri, wears a over his eyes and waiks in abstraction. Councillor W. Timiriasef, of the Russi Osyten bial Commission, is at the Clarendon Hotel. General Butler has gone to Wasbinyi it fr tie winter, and he believes in an extra sessie’. General Robert C, Schenck, recently ' «ied State: Minister to England, is at the Windsor Hotel. Mr. George W. Wurtz, Secretary of the United States Legation at Rome, is at the Brevoort House. Direct taxation has caused many articles of food in Paris to be adulterated, even salt being whitened with plaster, The New Orleans Times says that whatever policy the Northern democrats inaugurate will bo sustainea by the South. Says an English critic:—‘tA perfect man can be nothing less than the incarnation of the moral power which is abovo and within us.” 2 Ex Senator Matt, Carpenter, who has fally recovored from his recent academic posture, will winter in Wash ington, His daughter is a fino singer. wenty-seven feet high, the vain flower turns like a theatre-going lady in a new bonnet, The Cincinnati Enquirer says that General Grant did not take so much precaution belore tho battle of Shiloh as he has taken to inaugurate the next Prosi- dent. Congressman William R. Morrison, of Illmois, chair- man of the Committee of Ways and Means of the House of Reprosentatives, is at the Filth Avenua Hotel. According to the Cincinnat! Commercial Mr. Tildon suid to Mr, Reis, in a very dectded manner, “sir, I have been elected President by the people, and I in- tend to be President.”” An Italian organ grinderin London earned ninety oad dollars iu two years, balfof which he paid to the man who loaned him his organ. He paid about thirteen. cents a day for bis board In Cincinnati a girl of nineteen, but only four feet high, complains to the police that children of lesser age and larger proportions roll her in the mud and puil all the feathers out of her hat. Magistrate Carden, of London, admonished a young lady whose pocket had been picked that if sho would put her pockets in a sensible place she would take most as much care of her goods as the police do, The pilgrimage to Lourdes has ceasod for the senson, which bas beon sosuccessiul with trade and building that the town Is losing the primitive appearance it had when Bernadette Soubirins first saw her yision in the grotto of Massabietle. Tho Philadelphia Times, after only a short existence and unexampled prosperity, is published from its now, elegant buildimg. With 1s broad-faced type and me- thodical make-up it is one of the handsomest papers in the world, as it certainly is one of tho most enter- prising. ‘The Snow Spirit was softly trailing ber garment upon the earth and the wind was sobving huskily against the window pane as Mrs. Yoddloby looked up from the pamphlet whorein her namo was printed in Pharisaicai fat letters.as the giver of $100 toward the new organ, and said, “Thank God! tho slush will keep the beggars away to-morrow.” . ‘the Saturday Review, spoaking of George Eliot and George Sand, says that with the latter Consuelo, Ed. méeand many others are pure from the beginning and do not need to seek after any master in conduct or to grope after any doctrine. On the other hand, it is a remarkable feature about George Etiot’s good women that they aro always more or less in search of a master and a ruloof lif. = Evening Telegram bill of fare for railroad en- gineers:— eonnnerenecerereoe ne reee re, ne. Bullion from the cow-cateher, Sit, 3 loseh Net, visi, Steamed oysters. ENTREES, Stewed head lights, ROAST. Anything of a “tender” Hine, VEGRTARLES.. “Cab’-ages—Smashea up potatoee—A head of thyme, done very caretuliy, Gane, Rail birds— Frogs, DESSERT. Green gages—switch hazel nuts, DRINKS, Spirits of alt grades POLE LL OS EERO RELL LLIOEE LEE TELE DOLE DE LE DEDEDE HEHE HOOD This bill should be served om a time table, eonecesereensseeeene et ee Oe. ae negeannens n026 bees eeget? 4,