The New York Herald Newspaper, December 24, 1876, Page 13

RULING OUR CITIES. Charter Tinkering in the Past and Its Consequences. Political Manipulations and the Necessity of Reform. WORK OF ‘THE MUNICIPAL COMMISSION. Constitutional Amendments, a General Law and Abridgment of the Suffrage. ooo In the earlier period of the history of legislation in this State little attention was given to municipal gov- ernment by the statesmen at Albavy, aud the counties alone were thought worthy of the wisdom of those eminent legisiatora, This is not surprising when it is remembered that at that time the cities composed an insignificant part of the population of the State, while the couaties comprised the numbers as well us the bone and sipew of the people. The idea of home rule as we now understand it had as yet no place in the popular mind, and tne local offices were not generally elective, Under the constitution of 1777 the power to Appoint and remove local officers was in the hands of council, composed of the Governor and four Sen- ators, chosen every year by four subdivisions of the Assembly. It was a singular body in which to repose the whole appointing power of the State, but the tem continued tntil the adoption of the constitution of 1821, and before it was abolished the Council bad in Mts giftas mauy as 15,000 local offices. Our grand- fathers were quite as anxious to hold office as we are ourselves, and the consequences of this immense pat- Fonage concentrated in a few hands and aggregated at & siugle centre may be readily imagined. Every year there aysembied in Albany a multitude of candidates and their friends from ail parts of the State for a general Scramble. Whore 15,000 appointments were to be made everybody appeared to think there must be something for him, and personal selfishness intensified the strife of partics. ‘There wore no railroads, no telegraphs, no easy mothods of communication between distant parts of tho State, and one-half of cach year was spent in getting ready for these annual contests for the local offices and in going to and returning from the sctamble, Such a system was in If an evil, and the only wonder is that it was allowed to exist for nearly half acentury. The result of tho abuses grow- tng out of thi jtem was to callthe attention of the people to the necessity of confining the power to fill the iocal offices to the localities where they were to be Qlled and to make them elective. ORIGIN OF THX IDEA OF HOME RULK. This step was frst taken in the constitution of 1821, and with its adoption it may be said the idea of home Tule or local self-government in this State originated, But while that instrument was a step in the direction of progress, it was, after all, on'y atub tothe whale. It abolished the central appointing Council at Albany, Dut, with the exception of sheriffs and county clerks, M& made none of the local offices elective, Local au- thorities were constituted, with whom was lodged the power of appointment to the local offices; but this dia Bot last long, and tho time and thought spent in try- Bg to solve the question of how to disperse the ap- pointing power and yet preserve accountability to the Jeate was well spent. Its solution was found in a Sevice proposed by Daniel D. Tompkins, which was to foparate the power of appointment from the power of removal. This unquestionably was the natural corollary of the idea of home rule, but it has only been found to work satisfactorily where the oflices are elective. None of the local offices in the Stute have been better filled than the two which were first made elective, and the reason of this is that while the power of election ‘was in the people of the county the power of removal ‘was in the State for cause, to bo exercised by the Goverfor. This system worked so well and gave such general satisfaction that under the constitution of 1846 it was widely extended, and it is now in operation as ‘to the principal officers of the counties, including dis- trict attorneys, coroners, surrogates and even judges of the Supreme Court. The new systom is the result of the highest political wisdom, and alter being in complete operation for thirty years there is not be- NMeved to bo any necessity for change in the plan, which grew out of the germ of home rule eugra(ted in the constitution of 1821, MAMLY MUNICIPAL ADMINISTRATION IN NEW YORK. Unfortunately, progress in municipal government bas not gono hand in hand with the improvement of county administration. Tho tendency to enlarge the power of localities in the management of their own affairs bas not been allowed to exert itself as freely in the cities as in the counti Indeed, until within a few years municipal administration was almost en- tirely neglected cven in the Legislature, and when the question was touched at all .t was only to provide some imadequate remedy for au abuse which resulted wholly from inadequate powers and responsibility. Anterior to 1846 the governing population of this State was agricultural and the cities were not considered of much importauce. This is not much to be wondered at wlicn wo consider that what was then the city of New York was confined within what is now a singlo Congress district. The municipal machinery was simple and inexpensive. New streets and avenues were constantly needed, it is true, but it required no Board of Public Works with immense powors, revenues and patronage to provide them. No Park Commission was required to care for the few squares which were then dignified with the mame of parks. Tb) police was a comparatively mcsite, inexpenstve, and, It may be added, tneflicient body, which required no special board to misgovern it, Sunitary regulations attracted little attention, and crime and poverty were under the control ot thecourts and the ten governors. The city had gone on for many years under a simple system of popular government, Bubstantially the administration was conducted by the Mayor and two boards of the Common Council, their committees and the officers appointed by them. The elections were annual and in the spring. Public epin- fon could essily be conceutrated on any matter of munic- (pal administration, und in the main it was effective in controlling the policy of government. Elaborate plans of public plunder were unsale, because of the sonstant danger to publicity andthe liability to chang It was only a popular leader, sate in the confid the people, to whom any abuse was possible, and it was such a leader who furnished an excuse tor the changes which wero subsequently made in our munic- ipal system, If the abuses which were committed in the ten years following the adoption of the constitution of 1846 had been committed in the previous decade, it 4s not likely that the question of municipal govern- ment would have been £0 utterly disregarded to that instrument or that the charters of city 1nd incorpor- ated villuges would bave been leit so absolutely in the bands of tho Legislature. ONDER THE ComsIsstONa. It is primarily to this neglect iu the constitution to whieh most of the evils from which the city of New York has euffered during the last twenty years aro due. Fernando Wood's administration aflorded an excuse for interference, and it was acted upon in a way utterly to destroy home rule ip municipal govern- ment, 1t was then the systom of government by com- missions was adop.ed, and after twenty years’ ex- perience 1 must be that a more obnoxious system of municipal administrations was uever devised, The Mayor and the two boards of the Common Council were allowed 10 exist, but they were stripped of every power except todo mischief, They were no longer usetul, and they ceased even to be ornamental, The only power left them was to vote away (he peopie’s money without respousibility, aud the result of this was to make the name of a New York Aldernan jotumous in the ears of all men, “What for do you chuck ojum at mo?’ inquired one of the shunoless statesmen in the Aldermanic chamber, and it was this very “ojum’? which they were constantly “chucking” at each other which tutrenched the odious commissions in their places. One of these boards, appointed by tho @overnor of the State, and responsible only to the power by which st was constituted, bad command of the police. Uther boards, cons stitated in the same way and equally ifrespon- sible, managed the parks, the highways, the charities ned s-eractinn. tha health, und even the (axatiol of the metropolis. Tbs people had no control whatever | dortor, William Allen Butlo1 Simon Sterna, Ed: over their own aflairs It was a great wrong which has no paratiel in muoicypa! history, and ‘ts conse- quences were demoralizing wherever their influence was felt ‘What was first do: ” says Governor Til- 1m bis specis! message to the Legisiatare of 1 parently, at least, to protect the rights of the mi- nority or of individual: What was first done for the sake of good government came in a little time to be done'for the purposes of interested individuals or cliques. Differing im politics, as city and State did, party selfishness and ambition grasped at patronage and power, andthe great municipal trust came to be the traffic of the lobbies. Institutions wholly unfit to answer any use or object of government in a civilized community, and by virtue of thei -ucture capable of nothing but abuses, growing to crimes, against the communities in which they existed, such as the Board pervisors, erected in 1857, came into ex: under the motive power of the division of the ‘Which they partitioned between their contrivers, com- bining equal numbers from both parties."” REFORMING KEFORM. It seems to have been the motto of the people as well as the politicians during these twenty years of reform and reforming reform, —— My nature ts subduea ‘To what it works in, like the dyer's hand; Pity me then, and wish I were renewed. Resulting from the inability to act with effect dur- Ing these many years, the habit of acting ut all was Jost to the people, Respectable men lost all interest in municipal aflairs, aud despair came to crown inac- | tion. Vecay of civic training followed forced exclusion or voluntary retirement from participation in local government, Everywhore tyranny aud debauchery ‘were met by utter helplesness. Tlie commissions bad been estabiished in the naime of reform, and at last it btu everybudy that it was necessary to The remedy which had been obtained through an appeal to the legislative power at Albany was found to be worse than the disease, K currence had been had tu something like the old sy: tem for the appointment of lecul officers under the tion of 1777, and abuses and wrongs of local ration followed greater than those Irom which the people appealed. The evils wege not ulone in the tyranny of the commissions and@he corruption of the City Hall, but even to a greater degree iu the con- centration of so much power at Albany. @ Ihe Legis- lature assumed pew powers and cootinued enactmenis expelling une official irom ollice merely to put another in bis place; it cveu went further, aud placed all the of municipal administration in whatever banas at likely to obey the mandates and fil the purses of the leaders in this netarious traific, Jt was ouly natural that an eflort should be made to reform the work of such retorms, aud that the attompt should be made in the direction of the restoratiun of local sell-government, the principles of which bad so long been set aside, + THE CHARTER OF 1871 It was as the resuit of thia appeal that the charter or 1870 was adopted. Asis now well kuown this charter was Oaly of a piece with the legislat:on which preceded it Tho purpose of restoring local seli-gov- ernment to the city of New York was ostentatiously paraded by its advocates, both among the democrats and the republicans, Butit was the consummation ot the viliapy from the which the city uad then been suffering for fliteen years, That session of the Legislature was one of the most noted in the oistory of the State. Hoflman was Governor, Tweed was the leader of the Senate, Sweevy was a power in the metropoliz. The Young Democracy, as u wing of the democrats from this city culled themselves, was a loud and boisterous clique in the Assembly, There was a democratic majority in both houses, The vid time foud between Tammany and its foes was extremely bitter, Creamer led the fight In the Senate and Kier- nan and others: tn the Assembly. John Morrissey was the generalissimo of the Young Democracy. it wus an unequal fight, and yet tho Icaders were co fident. On the eve of the Waterivo which bi fell Morrissey’y forces he sat ut table at the Delavan and diséussed the divisioa of the spoils in the city with Harry Genet, when the charter, which the Young Democracy had {ramed, was passed on the mor- row. When the morning came there was defeat, utter, complete, overwhelming, Statesmen bad been bought and sold like sheep, Ip almost every seat there were treachery and corruption. It was the greatest victory which bribery ever gained, and tn cousequence of it a hundred inen are iniamous to-day. A day or two terward, On the night when Judge Joseph F, Daly was in Albany to tender to Tweed the surrender of Peter Cooper’s Citizens’ Association, that eminent statesman was reported iu tho P tu have that New York should have a good charter. ‘oid man”’ cer- tainly said New York deserved a good charter and should have it, butvhe promise was couched in words of shockiag and barbarous profanity, As it turned out, the ‘good charter” was ore terribie curse than the curses of the Boss. “It was a long docu- ment,” says Governor filden in the message before relerred to, **full of minute regulations copied trom preceding laws, but its vital force and real object re- sided in a few wentences,’’ ‘THE PROVISIONS AND KEFECT OF THR CHARTER, ‘The charter whose sevpe and purpose was so aptly described iu these words of Governor Tilden was the most cunning and at the same time the most iude- pendent enactment which ever passed a legisinive body. It protessed to be in the interest of reform and intended to promote the restoration of local seli-gov- ernment, while it kept the irresponsible commissions 1n existence and stripped the elective counciis of all logisiative power. It vacated the existing olfices at the end of nye days and gave the power to lil the vacan- cles to the Mayor without resiriction of any kind. A quartet composed of tue Mayor, Comptro! siouer of Public Works and tne President of the Park Department was made the real municipal legislature. ‘hey were responsible to no one ior their official con- duct, and even the power of removal, which previous acts Dad always reposed in the Governor, was repeale It was objected to this charter ut the time that the for all practical purposes clive power by the poo- et over them without were truiiiess, how- ever, and by a subsequent amendment all the powers of taxation and expenditure, as well as of legislation and administration, were given to the quartet. ‘How unanimously that ehar.er pussed—by what barter of the municipal trasts and corrupt use of municipal woney— and how within a month,” said Governor Tilden, “the officers placed by a legislative act without the in- tervention of a new election in supreme dominivn over 1,000,000 people divided up $4,000,000 of a pretended ‘audit of $6,000,000, are now matiers of history.” This was (he culmination of a vicious system which ended only with the downlall of the Ring. An oligarc! more hideous than that ke ‘Thirty Tyrants at Athens or the Triumvira: Rome bad been est lished, aad it was only dragged down by the weight of its own crimes. The Ring is broken, but the evils whieh camo with it, even the eviis of legisiation, have not yet beeh eradicated. TUK CHARTER OF 1873, The charter of 1878, uader which our municipal af- fairs are now conducied, is only a modilication of the charter of 1870, Some of the most obnoxivus principics of the frat charter are retained in the second. The Mayor, Comptroller, Commissioner of Public Works and President of the Departinent of Taxes are, for ull practical purposes, u legislative quartet. Lt still leav. to the heads of departments the power to create offices and Ox sasaries, and the quartet may and do levy taxes, spend money und contract debts, The Mayor, it is true, is now removable by the Governor, und the beads of departments by the Muyor, sub- ject to the written consent of the Governor, but these are about the extent of the auvantages which the present charter possesses over the previous one, The lirst was iramed to suit the parposes of the Ring, bus under the second it 18 always possible to jorm anew ring. Itis a tinkered charter, and is, and while 1t lusts must ever be unsatisfactory, Since 1873 been made to tnker it still turther, but they bav tied, becau: change, wheo it is made at all, must De radical, well considerea and satistactory. Under the recent amendments to the constitution 1t must be ma pplicable alike to all the cities of the State. 16 must be suited to the wants and meet the app: Jon Of the people, As yet no comprehensive ur We% considered system bas been proposed, anu until ove hus been reported, examined ‘avd agreed to the enarter of 1873, with its faults, 18 many obnoxious provisions and is oligarchical principles of local administration will probably remain on the statute books as tho fundamental law of the metropolis, GOVERNOR TILDEN’S MESSAGK ON MUNICIPAL REFORM. No citizen of this city or State is better qualitied to discuss the question of municipal reform than Gover. nor Tilden, In bis political ite he made manicipal administration 9 specialty, and was the foremost und = most poweriul agent in breaking the King. Observing the iutlity of any partial or parti- san segisiation, and not being inched tu tamper with the governinent of the metropolis und the other great cities of theState, but expressing his profound interest ip the necessity of constnuting a new system which will tnect with the great expectutions of the people, he sent a special mersage to the Leyisiature ‘on the 11th of May, 1875, in which he ciaborately d cussed the wnole tion of local gover wage he argued that comprised im the citic# of the Stute, exclusive of New York, are bow more numerous than the inbabitants of New York. If lozal sell-government or home rule tx to be secured to them irce irom the abuses wulch Lap- pened in New York, t must be done Vd the establish. ment of a geveral system which shall bo respected by the peuple and thoir representatives, Diversities, no Lelieved, woula contiuue tv be unayordabie, but’ the advantages of generat | recognized iu our political theort be extended as far us practicable to out rect the evils growing out of the discordaut charters Which now exist and to jufuse into them general prin- ciples which should be a guide to fature legislation, he suid, ongbt to be dene, but tbe only effectual remedy Was an amendment of the constitution Hxing the gen- oral pian of municipal geverument, expecially in re- spect to the appointing po: and at the sume time establishing Ou « durable basis oficial accountability. A MUNICIPAL COMMISSION, Accompanying this iessage was a recommendation for the appointment of a commission to report to the next Legisiaturo the forms of sach laws or co tubal aiuendments as are required. The Leg acted tipon this recommendation and adepted jution aathorizmg the Governor to appomt such a commission, fhe resolution ts as follows:— Whereus the Governor, in his specin! message of May 11 1875, called the at arising trom one pr m of the Legistature to the evi Lunstable municipal systems ene aud nut tt uitorm plan for the ir netual expen jon, to be audited by the Comptroser, provided th the commission shull receive wo cumpensation tur their services. In November following Governor Trlcen nemed as such commission William M, Evarte, Oswald Ovten- James C, Carter, E. L, Godki nd Cooper, Houry F. a Professor Anderson, of Rochest few days alterward (he commission met and ¢ d, Mr. Evarts being chosen President and M Nearly all the members of the ro present at this meeting, and the wches which were made on the occasion evinced the utmost tuterest in the task imposed upon them. Judge Van Cott argued agamstthe injustice of the preseat method of taxation and assessments and tne fatal facility allowed municipal corporations to borrow money and iend their credit. Mr. Evarts betieved our municipal forms too antiquated and cumbrous, aud, ike the old-fashioned stage coach, out of bar- mony with the age. But the principal thought which animated the commission was the belief that more time Was necessary to the consideration of the im- me questions devolved upon them than was ale wed the terms of the resolution under which they were appointed. In consequence of this opinion ap applicahon was made to the Legisiature to extend the Lime jor the completion of the work, and the com- mission was given anotber year in which to periorm their onerous undertaking. WORK OF THE COMMISSION. ‘ Im the long interval which has passed since the or- ganization of the commission the members of this im- portant body have given much of their timo and Vhoughts to this work. Except during mooths they have met regularly every Satu spent most of the day in the discussion of submitted to them tor solution, In the mer there was ap almost continuous session at Saratoga. The result of this constant jabor las been the comple- Mon of their work, and the commission are now ready to submit their conclusions to the Legislature and the people of tbe State. Their recommendations will be found to be both radical and comprehensive. No half way course has been adopted and uo half way meas- ures will be proposed. ‘The scbeme embraces consti- tutional amendments for extending to the cities of the State the right of lucal selt-government and protecting t problems Xpayers from the local governing oMecials, TI general law will also be pro- posed, under which the municipalities are to be or- ganized, and prescribing the terms and co ition under = which the muolcipal = au. VWhoritics shall operate. ‘These asures will ve accompanied by report expluiuing and enforcing the recommendations of the cominission. The report is not yet tnished, but the recommenda- tious themselves are completed and the line of argu- meat aud explanation by wuich they ure to be sup- ported has been agreed upon. Everything will be ready for presentation to the Legislature on the first day of ts session, but it ia likely that even then the hercuican task of the commission will not be ended, THE CONSTITUTIONAL AMENDMENTS. ‘The commission tound very early in their delibera- tions that any recommendations they might makevor apy measure they ropose would be compara- tively valugiess unless th agree upon was based on and by amendments to the constitution of the State. Thexe ameprdments are, in consequence, the pivotal points upon which all their deliberations turned. They are the germ of the new system, und if they should fail the whole scheme would fail with them, The message of Governor Tilden, botore referred to, contained two sug- gostions of peculiar force and value. ‘They were:— 1, That there be an organism under which the clec- tive power of tue people can act convenienuly and offectively and can exercise an actual control at one election over those who represent it in the iocal istration. 2, That while tho responsibility of public offic the voting citizens be made effective, and they be made amenable to the taxpayers of the locality through tho courts, accountability to tho State be preserved through regular methods, so that the existence of such appeal of the minority and of individuals ugaiust the wrongs of governing ollicials will render unnecessary and in- excusable the frequent logislative interventions which have practically destroyed ail self-government, created more local mischiet than they have remodied, and have grown to be prolific of abuse and corruption in the legislative bouies, It will be the object of one of these amendments, while securing to the people the right of selt-govern- ment, to embody and iutreach in the constitution the principles contained in these suggestions of the Gov- eruor, Another amendinent to Le proposed by tho commission is even more important. This one relates to municipal expenditure and taxation. Its object will Le to protect the municipalities 10 the contraction of municipal debts and the loaning of the municipal credit, Upon these amendments is to be based a new sysiem of local administration as radical and compre- hensive as it is sate and practical. CONDITIONS OF THE NKW SYSTEM. In order to carry the orgauization into effect the Mayor ol a city to this State is to be made somvthing more than an ornumental functionary. He will be clothed with real power apd held to a real responsi- bility. He will not be part of_a legislative quartet nor be ihvested with apy legislative power whatever, but his duties, which will be strict.y defined, will be en- tirely executive aud administrative. On the other hand, elective boards of Aldermen or Councils are to be established tn the municipalities, and to these all legislative wuthority 1 te be committed, Even the power of making appropriations is not to be denied them, and their ihe vem tae | 18 Lo be made commev- surate With their aathority, This will be a restoration of ancient privileges, especially in the metropolis, but with the restoration will come new sateguards, the outgrowth of the dangers developed by past experience. Tho people will thus be enabled to choose their own local rulers, und these will be mado both responsible and samenal As a corollary of all this the local boards imposed upon cumimunities by a central au- thority, iM nO ‘way subject to the local will, will be abrogated and avolisheu, The man- agement of the municipal police, tire, health, charity and correction, street and purk service will be entirely subject to local supervision apd control willno longer ve un oligarchy im the City Hall and other olizarchics untrammeiled in their actions and practically irresponsible i cvery department of the inunicipal service. It will thus bo seen that under th: new system municipal aduipistration 1s to be ma one complete and barmonious whole, and that the great cities of the Stat the whims or partisa xpedionts of the legislative power at Albany, The tinkering of charters will coage nod the manipulators will be left not only to goveru themselves but tu take caro of themselves. The de- tails of a scheme 30 Vastund 60 comprehensive, sojust to the people and yet so sale to the manicipalities, Will be awaited witu the greatest interest, and the whole question canuot fail to be tho absorbing topic of dia- cussion and debute ut the State Capitol this winter. TAXATION AND EXPENDITURK, Bosides the constitutional provision reiating to taxa- tloa and expenuiture the commission hi considered the whole question in its practical aspects and operation, The powers of assessment and audit are as Mnportunt as those ol administration and legis- jation, 1t has been the aim of the commission to pro- vide a system which will meet all the requirements aud periorm all the tunctious of this service, To that end 4 separate and independent board ts to be constitu- ted. ‘This Board will be in reality the financial power small the cities of the State und 1 will be a check Upon at the same time (hut it 1 imdependent of the other departments of the manicipal goverument. This Board 1s to be elective, bat its most important feature is that it 18 to be elected by au abridged sufl- rage, The commission think that in all great cities there is at least one element which has no right to participate in taxing and spending the money of the ethers, This element is composed of the people with- out property, wud Who ure cousequently without any right to asaist in disposing of the property of others— imu word, the bummers. Upon them the commis. sion will make relentices war, and, while their right ol suffrage is nut to be restricted in other respgetx, they are not to be allowed to have a voice if the matter of choosing the Board of Assessment and Audit, ‘To constitute a citizen qualified to vote for the members of this Byard a personal tax may be required, but a property qualificauon of some kind will be the primary necgssity, ‘1his provision will be something attor the EnBish system of household ffrage. This suggestion is perbaps the must radical and novel to the Whole scheme to be proposed by the commission, ‘Dat it is felt that in the election of the financial rulers of our cities it 1s necessury to deprive this dangerous element of the ballot. 111s @ provision which 1% like to encounter much opposition us well us to receive a very determined support, and whether it will be siricken out altogether, adopied us it stands or ex- Vended tn its application, it 1s impossible now to pi dict. The powers and responsibility of the Board of Assessment und Audit are also pots which are likely to provoke a good deal of discussion, but the whole subject will so suon be before the peuple of the State, and especially the cities of the Stato, that tt is un- necessary to afiticipate the result, A RETROSPECTIVE GLAXCK. From this review of the labora of the Municipal Commission and the result of their deliberations some idea may be formed of tho magnitude of their under- taking und the vaiue of the results which have veen obtained. Emergency legislation bad made it a neces- sity that hke ex: At Was con: bisipal go fixed ideas of the right beig af the municipalines. So ureat had t in city administration become, and so diverse were the methods of local government, that Governor Til- den, tumiliar as be was with the Whole questivd, was unwilling to recommend avy legtslation touching it woul the whole matter bad Leen examined and re- potted Upon by 4 commission of learned and able wen. ‘was with this view that the present commission was constituted, wad in its personnel it was cortainly tuil of promise of the most excellent results, 1 was uot par- tivau 1p any sense, Mr, Evarts, chairman, being not only the leading lawyer of tho coantry, but ove of the most Conspicuous of dr, Tilden’s opponents in the late vanVess. [ts work 1s believed to be altogether Ir from partixansbip, and to embody a wise und states- manlike scheme of local self government aud municipal adiuinistration. ALLEGED EMBEZZLEMENT. A COUNTRR STATEMENT BY THE DEFENCE. Hogh McClellan, an intelligent looking man, was arraigned yesterday at the Tombs, on complaint of William H, Webb, the well-known sbipownor, charged with huving, while in bis employ five years ago as con- fidential clerk and bookkeeper, embezzled the $2,154. The complaint arose, it ts alleged, out of o civil suit betweon Francs Morris and William H. Webb in the Superior Court. In this case Webb was 40, as staxeholder tor F. Morris and Seth E. McUicllan was brought trom Lowa, where he lives, as « witness in the civil suit, and it is eldimed by th tornoys for the deieuce that his testimony 80 damaging to Webb that the latier wus instigate) AN make this complaint, with a view to imjuring Mel lun’s character in court, This, however, Is deniea by Mr, Webb, who alleges that MecCielian while in bis em- eh, Gefrauded bim on his salary account of $12,000 and embexzied other moneys to the amount of $18,000, maki total of $30,000, Th @ was sot down for examination T afternoon. j Zour thereatver TRANSIT OF VULCAN. To Tax Evitor ov Tux Henao:— Notwithstanding the discovery that Weber's observa- tion of April 4 of the present year was morcly of a solar spot, which was seen at Madrid and Greenwich, the existence of the intra-Mercurial planet seems to be the main topic of interest 1n astronomical circles, Profos- sor Pliny Earie Chase bas recently announced that in 187Hhe gave as tho baurmonic distance of this planet from the sun .206, being nearly 4 mean between Kirk- wood’s hypothesis, .215, Leverrier’s deduction trom the selected observations, .201 In Gould’s Astro- nomical Journal for August, 1860, will be found my own hypothesis, which I wiil quote :— “Upon comparing the series 1-2, 1-3, 2-5, 3-8, &e., with the periods of the pianets, we find that each Planét hus a period a little jouger than the assumed Fatio to the next interior, excepting in the cases of the earth and Vonus, where the complementary traction ta the ratio, and the period isa little less. The ratio of the planet next interior to Mercury will be 34-89, and its period about thirty-fve days, and the next ratio will be 55-144 or Its complement 89-144, the latter giv- ing @ period of twenty-one days, which is but one day longer than the period assigned by Leverrier to Les- carbauit’s new planet, upon the assumption of a circu- lar orbit; or, if wo adopt the complementary ratio, 55-89, with a perioa of about fifty-three days, the next ratio, 55-144, gives us again the period of twenty-one days. It seems, therefore, extremely probable that there is a planet between Mercury and Lescarbault’s new planet, with an approximate period either of thir- ty-five or of fifty-three days. ’} The distance corresponding to thia period is .204, which agrees still nearer with Leverrter’s deductions, Notwithstanding my long unsuccessful search for the Planet, for weeks in succession, in several years, I um naturally prepossessed in favor of the prob, ability of the existence of a planet with the orbit now indicated, and I am glad that Jansson has called atten- tion to the possibility of observing 1t by the spectro- scope by the method I proposed in the Journal of Sei- ence and Arts for February, 1874, for close approaches of the planets Venus and Mercury. Yot 1 find diffi- culty in accepting Leverrier’s conclusions. It will be observed that he assumes the ascending node to be at 192 degrees, longitude, and the Inclination to be | 12 degrees, the plane which he derived in 1859 from Lescarbuult’s observation, In the diagram, in which, for the sake ot perspicutty, the vertical dimensions are multiplied by six, this line is marked “Lese.”’ If this were the plane of the orbit Lummis could not have seen the planet in 1862; still less could Side- botham have seen it in 1849, forthe line passes farto the north of the sun at both dates. It is necesyary, then, to admit tbat Lescarbault’s observation was in- accurate, and we will modify it Just enough to permit the planet to be seen upon the extreme edge of the sun’s disk in 1862, How much change would that requirc? Instead uf crossing the disk of the sun ata distance of 1 minute from the sun’s limb it must have passed 8 minutes trom the limb. Instead of traversing a chord of 9 degrees it must have traversed achord of 28 degrees. Is it likely that Lescarbault, even without instruments, would have committed such gross inaccuracies? But this is not all, Instead of the duration of the transit being 1b. 17m, it must have been 4b. 30m. Yet he professses to give the time of ingress ana of egress, each with a possible error of one second to five soconds, and claims to have seen the Planet within a few seconds from the time of its in- gross. It isnot herea question whether his impro- vised pendulum would swing sideroal seconds, nora question whether bis watch was equal to Captain Cut- tle’s, keeping good time if set back fifteen minutes in the afternoon and forward half an hour in the morn- ing, but whether he has made a mistake of over three hours in the duration of the transit. It seems tome absolutely inconceivable. It he suw the planct at all he must have been aware that at somo time its orbit would be known and the truth would bo known with regard to the phenomenon og he sawelt, and’he could have had no motive to falsify. Could Lescarbault Dave been mistaken? But there aro five observations any three of which Leverrier considers sufficient to establish tho period of the orbit, Then, by the evi, Gence of the other observers, the planet must havo been actually on the sun’s disk that very day and Lescarbault must bave seen It, There is no difficulty in reconciling the two observa- tions in October with Lescarbault’s orbit; but when wo go back to tho observation of Sidebotham in 1849 the difficulty increasos; for, in order that the planet should ve upon tho disk at all in 1849, it must have passed still more nearly central in 1859. We cannot escape from the dilemma by assuming that either Lummis or for it would be incredible that elthor, and still more incredible that both should have selected a period for a fictitious or mi: servation exactly coincident with the actu: the planet outside of the sun’s disk belo the planet was known. ent asteroids have been obsorved, of tanco of .20, but moving in difforent planes, them so different to cause their transit other montbs, we have the difficulty that ot the very time that Sidebotham and Lummis saw ove of thoso planets upon the sun’s disk, that seen by Lescarbault, jecuppis and Fritsch was passing by directly to the north of it, a condition which would seldom apply even to the group of moro than 160 asteroids outside of the orbit of the planet Sara. Bat although Lescarbault could not have committed an error so gross, either in the duration of the transit or in the length of the chord described, it would rot bo surprising, considering the manner in which observations were made, if he had made large errors in the position angles he has given, Perhaps, by tho 1 of a littlo imagination, we can discover how le them and correct them. He observes by his pssteboard circle the angie from the vertex at the in- gress and egress, and sets thom down upon his pine oard Se an to determine the angles with the ecliptic. Justas he has completed his work he is called away to attend hs patients, and eome days afierward resumes pis calculations; but, having ne- glected to make his record clear, he concludes that those latter angles are the angles irom the vortex, and they are so published, excepting that instead of 67 degrees originally deduced he makes it by some error of transcription or of reading 57 degrees. These two rors are of such a character ti but for the hight afforded by the observations in r years there w: nothing to indicate their existence. Yet they make a vital difference in the position of the orbit, for It takes the direction of the line in the diagram marked “Park,” and they are the only errors which oven an amateur observer would be likely to commit which will furnigh even a plausible solution of the difficulty, TRANSIT OF VULCAN, Lene, pork 8. 1849, Lum. 1862, Lewe. 180. 1.1389, [Un the above diagram, the horizontal hne represents the eeliptic, and the circles the position of the suu at the dates of the live supposed observations of Vulean, together with Its position at the tune of the next transit, on March 2%, 1877. The tine marked “1. i is the orbit calculated by Loverrier from Lescar- bauit’s observation; and (hat marked ‘Vark.’' 8 the orbit above suggested by Parkburst.| plete suiution because, ae will be seen @ line does not pass over the thine of the observation 1m 1802 in order tbat it shoud do this 1 would be pecevsary that the angle should be still ter, and degrees, the inversion of the fivures 57 degrees, is the nearest plausible angle, = Upow trial I fiod that this produces an orbit so cecentric that the plinetgvould be three aos 48 Hear the sun in October as im M@ech, aud that September or October thore must be uw transit every year, 1618 su evident that with such an orvit Valena have been ‘liscovered long ago, that although the position in 1802 is twenty times as near coincidence with that derived from bing observa- tious as would be probable trom e accident, it soem hecessary to conclude that (he planet seen by Fritsch was not the same that was seen by the olber four observers. It was included in the group by Leverricr, but only on account of this near coineidence, bat because the line of the orbit derived from Les carbault’s reported observations (marked ‘Lose’’) passed directly acroes the sun's disk atthe time of the observation. Keturning, then, to the other orbit mdicated in the diagram, it will bo seen that when Decappis observed the transit in 1830 1t was 2 degrees jurther from the node than when seen almost upon the margin of the disk by Lescarbault, This can only be explained by supposing the planet to be nearer to the sun in Octooer than in March, Ausuiming the distance of the planet from the sun, .219 in March and .183 im October, L J 68 deg, 34 min. for the ingress and 95 dey. T min, for the egress, im cach case about one degree greater than the angles giveu by Leacarbau! with my supposed correction, and securing a transit 1839. With « less eccentricity there would be no transit in 1839, and with a greater cecentricity the angle at the ingross becomes too discordant to be accounted for by the maveuracy of the adjustment of the pasteboard disk. The inaccuracy of one degree can F182. be reduced by supposing a greater eccentricity, with the perrhetion om the first quadrant, so that the planes shall be r i sun during March. There is this important diflerence between the orbit Ihave indicated aud that eroployed by Leverrier in his predictions, that w 8 the liter lonves astrono- mers little to do after the 22d of Murch noxt copting by spectroscopic observations outside of the sun's limp, the orbit 1 suxgest promises a se of transits, both in the spring avd in the tall, at the times that he has predicted, ana makes it demrabie to scrutinize the whole Of the sun’s disk on March 22 and Soptember 20, 1877, and about two days earher each 1 the planet sbali be again ob- wntil we shell obtar definite wiorma tarved « different | NEW YORK HERALD, SUNDAY, DECEMBER 24, 1876—QUADRUPLE SHEET. } | | etary nature. | most of these. 1 /@ large deer slowly approaching nim. 3B tion, Iustead of accounting for the failure to dis- cover the planet by assuming tuat each observation occurred near the end of a series of transits, this would indicate timat they occurred uear the beginning o: a series, but that the error iv the plane o! the led astronomers to commence their search in March or in September, at the when they should bave cou- cluded it, searching at the wrong tuue and Lheretore in vain. If the period given by Leverricr is correct, and If my hypothetical explanation of Lescarbault’s observation IN Correct, the transit will take place on Marek 22, at uP, M., 80 thut the best piace to see it Will be upon the Pacific coast, and on September 20, at about cignt A. M., when it will be bost seen in Europe. Butas upon this theory the transit will occupy nos | Jess tha three or tour bout possably both transits may be observed in this city. | The observation of Stark, on October 9, 1819, toler- ably accords with an orbit’ of twenty-eight days, ax well us with ail the live observations, anu tends to Su, port the original plane, but it would require a corr tiow of at least turee degrees i each of tue two angles given by Lescarbault, and it is not easy to imagine how he could make two such errors, On the other hand, the position corresponds so well with the ob- servation «t Fritsch that the two may be supposed to belong to another interior planet, ‘There Was also an observation by Schmidt on October 11, 1847, which probably belongs to the same planet, “Tue observa- | ious in February must have been of a different in June of still another, so that ait the existence of at least four ercurial planets, or else leave some of these ob: servations unaccounted for, It may be noted, Low ever, that the times for the transit 1 1577, on tha supposition of an orbit of twenty-eight days, will be ou the same day’, March 22 and September 19, but six or eight hours varker, and that with chat orbit it is almost certain that (he plauet will pot be upon the disk, although 1 may be scem by the spectroscope within the corona, The attention which has been ditected to the transits of Vulcou has called forth « great variety of observa- tons of solar spots supposed to have been of a plan- A few suggestions will sweep away The apparent diameter of Vulcan in transit ts abvut equal to that of Uranus. In order that it should be visible at ail a maguilying power of at least would be necessary; and in order that it should be Seon as a round disk ‘a magnifying power of at least 100 is requisite, This disposes of all the observations of persons why have supposed they saw it without a cope, The direction of the motion must be approxi- mately trom vast to West, Lu determing the moon, uuless the planet passes entirely off ul the disk during the observation, there is much danger of error by in- experienced observers, For instance, suppose a spot to be Visible toward tue Western limit of the sun in the forenoon; it will appear in this lautude im tke upper Tight band quadrant; in the afternoon it will appear in the tower right hand quadrant, so that without any jotion at ull it will appear to have moved through aa ure of more than 90 degrees toward the south in a tow ry & The rate of the motion must be such as to cross the sun's diameter in four or five hours. ‘The reyu- larity of tho motion of Venus 1s a suilicient guaranice Uhut there 1s no new planet outside of the orbit o: Mor- cury. ‘The duration of the transit cannot theretore | much exceed tive nours, and it the orbit were so snail that the central transit would require much less than | four hours tae transits would occur so frequently that the planet would long since have becn discovered. No transit of the planet seon by Lescarbault can occur except in the months of March, April, Septem- ber and October, Should a spot bo s motion is een upon the sun’s disk, who.e than that of the sua’s surtace; 4 than 1-500th of the sun’s di: meter; or which moves toward the north, south or east; oF which crosses the disk at a rato differing ma- terialiy trom six or eight mimates per hour; in either Of these cases it must be a comet; and there 18 no indisputable evidence that 4 comet has ever yet been seen in transit across the sun’s disk, HENRY M. PARKHURST., Dew, 25, 1876. ANOTHER CELESTIAL VISITOR. .(Frem the San Francisco Chronicle, Dec, 13.) In Monday’s Chronicle au article appeared giving an account of the falling of an immense acrolite in the Pacitle Ocean near this city on Friday night last about twelve o'clock. The action of the celostial visitor and the effect of the fall, as seen and heard by a Chronicle reporter, were described at length, Another no toss extraordiaary sight was visible on Thursday evening about balf-past ten o'clock. Two prominent gentle- men have called at this office to state that at the hour last mentioned they wore returning trum a long walk out on Market street, and when directly opposite the new Cuy Halt one of them was startled by what seemed to be an unearthly hissing sound and a sudden tlasn of hight which brilhantiy illumined the heavens. Yuruing round he beheld an immense aerolite falling, and quick a3 ligntning exclaimed, “Good heavens! is this the last’? Tho oiher gentleman, vtarted by the expression, asked what was themauer, when his friend suid, “Don't you see that chaos haa commenced? Look at the heavens falhng.” The por- jo addressed looked about and witnessed one of most mugnificent and impressive sights be ever beheld. As the bull of flaming fire approached the ourth it seemed to fall to pieces and divide intg masses of living tla great and small, The larger and cen- tral mass kept straight on im its course, and appeared to fall not more than a couple of miles from the City Hall, im a southwesterly direction, over the Pacitic Ocean. The sinalier inusses appeared to bo whirled avout im fantastic motion, like featners in the air. The werolite came in slanting direction from the north- east, and was plainly visible to the gentleman who first saw it for some sixty seconds. Uur informants state thut the tail of the comet, star or aerolite was blo tor two minutes, A STAG HUNT. New York, AN EXCITING STORY O¥ A BRAVE ANIMAL THAT FOUGHT FOR 138 LIFE TO THE LasT—HOW IT KILLED AN INDIAN BEFORE IT DIED AND PUT THREE MEN TO FLIGHT. [From the Eureka (Col.) Sentinel, Dec, 9, 1876.) Dr. J, M. Bailey, who bas been absent from town for some weeks working oat bis assessment on a number of mines situated in the Raby range of mountains, returned home last evening. From him we learn the particulars of a thrilling adventure, in which one lite was lost and the Doctor himself narrowly escaped a irigutiul death, One evening as the Doctor was turning trom his mines to camp he noticed a number ol deer tracks in the snow, and when near camp saw Bemg armed with ooly a smail five-shooter revolver, he concealed himself bebind & slight rise in the ground, and when the deer had come within a tew feet of him suddenly sprang to hie feet, aud, taking aim, shot the surprised animal, wounding it in the should The deer immediately turned aud ran us best it could, leaving @ trail of blood on the snow, by which it could be followed. Darkness coming on the Doctor was forced to give up the hunt, and returning to camp engaged the services of two Indians to assist him in securing the wounded animal, Early the following morning the trio started out, tho Indios armed with rifles and the Doctor with bis fi shooter. The trail was cusily found, and but a short distance from where the Doctor bad lett 11 the preced- ing night the wounded deer was found, evidently having veen nursing ms wound during the night. Perceiving his pursuers the animal sturted of ou a ig @ detour of the vailey for about fitteen miles startea for the 18, which were thickly covered with « low growth of cedar, Here it was thought the tunters would huve no dilficuity 1a “bagging” their game, aud Dr, Bailey, Who Was a short distance abead of tue La- dius, Was momentarily expecting to come up with the deer, which bad thea disappeared from view, Sud- denly a Cracking uf the buses was heard, when the slay, Which bad become enraged ab the ciose pursuit, appeared in sight—aot now as one whose life was beng hunted down, but ou the effeasive—and, charging upon tue purty, caught the Doctor on its broud antiers, wud betore be could realize the 1H Whe uit by the the ground, though, fortunately, wot sustaining muen imjury. Ove of tho Indios, weeing the tur had taken, fled; but the other, paralyzed w: seemed rooted to the spol, and to be. deer next paid 16 attention, Rusning upon the terfited man and catching Lim on the terribic Weapons nature had supplied 1 with, the luckivss Judian was sent whiting through the wir a distance of avout thirty feet, ana tell fist on tis tuce ou the frozen ground, A¥ svon as Wwe Poctor could gather, lumself up be sought sutety to tight, but the avimal, perceiving the mienton, sturted in pursuit, 4 barely had time to climu alow cedar tree bi Was ayuin brought face to face with the beast. Just his pistol When thy dee# made its attack, be was leit without any means of deience save acommon jackkuil nginy, into requisition . deavored to stay the animal im the eyes and thus ape; but the dver was equal tu (he emergency, wnd wsluily parried off the blows with lis autiers, Seciag wothing could be accomplished in this Way, the Doctor cut a branch from the tree, and 4; the open knife ww it by means vi tis hundkercutel, again commenced the attack, this time more successiully, tor w wei directed Ulow sey- d the jugalar vein im the saimai’s neck and the ght was uver, but not without vue inure desperate attempt on the part of tue brave animal, whieh imme. y on recorving its death wound drew itsell up, eyes flaming like bulls of fre, and soemod preparing MUself for one mure charge, When It fell to tbe earth dead, The Doctor descended trom the tree, and no- vemy that the indian who bad been utincked was lyiug on the ground, hastened to him and found bin in a dying condition. Ouv of the autiors bad pone. trated the ubdomen, the other the region of the xprval column, the antler breaking off and leaving &@ portion of it, about turce inches, in the Indian's body. ‘Ihe other Indian had come up by this time; a fire was but nd preparations made to remove t wounded man to his camp, but he died 1 bared on th d wom time, and It Was the Doctor retur@eu to camp. The Indians returned aud secured the carcusy of the deer and had @ jollificauon over the event, seemingly unmindiul that ove of their number bad lost tis hilo 10 the terribie encounter w@&ch the wounded slag had ers of the deer, the koite ments afterward and w: las CARDINAL ANTONELLI’S WILL, [Rome (Dec. 3) correspondence of the London Times.) ‘The great wealth Cardinal Antonelli is reported to bi left bas aroused special ipterest with regard to his will, and given rise to endless gossip, not only as to its contents, but concerning the document itself At Urst it was reported that 1 could not be found; it had disappeared in some remarkable manner; it bad been purposely destroyed; the Cardinal had made 0 will, aud tnamy other things. A lew days ago, bows | ever, the Liverta announced that it was in the mands of the public notary in the l’iazza San Claudio, where it could be seen, but | was told that only those having & direct imterest could be permitted to examine it This morning the Popolo Romano printed a notice to the effect that to-morrow it would publish the dueu- ment in extenso, und ou inquiring directly of the editor of that paper he Imd before me a properly authenti- cated copy of the will, from which he courteously per- * witted me make the following translation :— TESTAMENT OF CARDINAL GIACJMO ANTONBLLL Desiring to dispose of my property now tbat, by thy grace of God, | tiud myself saue in mind and body, using tne faculties wuien | have as cardinal of the Hioy Roman Church, with this document, by me write ten aud subseribed, [ muke herewith my last will and testament. Betore everything else I recommend my poor soul to the intinite mercy of God, trusting that, through the intercessiou of the Most Holy Immaculate Mury and of my patron saints, St. Peter, 8%. Paul, St. James and St. Louis, He may grant me’ remission of my sins and make me worthy of the eternal wiory of Parauise. I forbid the dissecting or embalming of my vouy after death in uny way or tor whatsoever motive, order that it be interred in the burying place of hapel inthe Church of S5t. Agata alla Suburra, my near my good mother, The funeral xball be made accordin the Church which it stall please the to custom im joly Father to appoimt, During the eight days following my death L order that 100 masses aday be celebrated, with the alms of 30 sous for each mass, A part of these masses shall bo caused to be cele- braved by the Meudicant Friars, 1 numbly beg the Holy Father to accept the respecttul offering 1 make hum of the crucifix standing op my writing table, hav- Wig the crogs inlaid with lapis lazuli, and at the buse (he kuceling Magdalene, wittia the contre of said base a bas relief represenung the Addolorata, and otber or- haments in siver. | proy bim to accept with paternal gooduess this object as 4 homage from the most de- ° thtul of his subjects, who dies tranquil ia ce of Dever Laving jailed in duty toward hig Sucred person and the conviction of baving ulways with wli carnestuess and bouesty served him in the irae iaterests of the Church and of the State. Belore proceeding (Wo dispose of my private fortune 1 declare that [do not possess any other capital beyond that which cae from the heritage of my excelient twin or which | have been able to acquire through the means left me by him, — L- protest, therefore, ayuinst ail the calormies Which on that and on apy other ace ount whatsoever have becn In so many ways circu lated threugn the world betore God, who is to Judge me, any velore Hira | forgive from my heart all those who bave tried to do me evil. 11, 1m doing my duty, Linay have caused displeasure to any one, | have the conscience of never having had even the intention of injuring any one whousvover, 1 direct my heirs to consign to the persons whom [ have thought it my duty lo remember some memo- randa which [shall have written in a sealed paper by me subscribed. T leave to the Hospital of Santo Spirita, for ono time only, twenty-five francs, and other twenty-five trance to the holy places of Jerusale! Maria, in Via Lat To my Titular Churca of I leave iny white fonaceila, The red one I leave to th Courch of St. Agata alla Suburra, the commenda ot which I hold, ‘Tue violet pianeta | leave to the Mouase tory of St, Marta, of which I am protector. ‘The sacred hangings und utensils o chapvl I desire may be preserved tor the ehaj house on the Quirival, and they shall belong to the heir to whom I assign the said house. T institute as universal proprietary heirs my dearest brothers Filippo, Gregorio, Luigi and Angelo, my nephew Agostino, som of Gregory, and my ovbes nephew, Puolo, son of Luigi, to each of whom, as | shall say afterward, | assign and determine such por- tion Of the property aud of the objects as I will they may possess, and f will thateuch of them may bear tne rospective lexacy:daty according to the value of tovhim. ‘All my ions, lurniture, gold, silver, precious objects, tities and effects Whatsocver, the credits and Ube little mouey that toay be jound tn my possession af the time of my death, except the collection of stones and other things of which I shall dispose hereinatter, 1 assign to wy brothers as above, Filippo, Gregorio, Luigi and Angelo, and 1 pray them to accept this my disposition asa provt of the siucere affection which { have always borne them equally and as an attestauion of the gratitado I have always entertamed toward them for the uflection which they bave showa me under al circumstances, Tassign to my nephew Agostino, heir as above, my house io Re situate near the Quirinal, bought trom Conte Vimercau, with everything which is in said house at the moment of writing this present will; so that, if at the moment of my death apy obj of what- ever kind be tound there which «re now in my apart. ment at the Vatican, those | declare to belong to mm} brothers us above. I assign also to my aleresal nephow the utensils of my private chapel at 6h ¥ sti- can, [assign him also the collection of marble .. sith the cabinets contaluing them, exactly as they are im my upartment at the Vatican. T dectare, however, thut in the aforesaid collection L do not mean to comprehend (he ruck crystals and other objecis which are kept in th: otber separate twhich contains als, which I de- to my brothers as above. I assiga to ny nephew Paolo, son of my brother Luigi, heir as above, all the property | posse: ot Ceccano and adjoining territories, with all that jound im it, nothing excluded, with the following conditions ;—That is, that my brother Angelo, having had the patience to occupy Limseif always with the administration of my possessions in Ceccauo and ad+ Joiming territories I ordain that neither my said nephew nor any other person have any right or title whatsoever to take him to account for the aforesaid ad- ministration, bo having always done everything with my full understanding aud baving always regularly transmitted to me all the rents of utoresaid properties, I dispose, morgover, that all that shal time of my death of products or rents, as ay civil, from the said properties as abov seasens following the same, iveluding that in which my death shall bappen, shall be freely enjoyed by him ay legutoe, continuing to bold the administration as be did during my lifotime, exonerating bim again trom avy rendering of account whatsoever. | dispose also that the heir shall not enter into possession of afore. said property upttl after two seasons as aforesaid after my death. 1 leave, besides, as a legacy to my said brother An- gelo, the two large silver vases with bas reliefs om their bowls, which are to be found in my writing room of my apariment in the Vatican, and 1 request my said brother to accept and preserve them as an attes- tation of my aflection aud & recognition of all the affectionate regurds he has shown toward mo durin, my life, And | algo request of all my heirs that all the logucies of turaiture, pictures and other objects may be preserved and used in their respective tami- lies, avoiding under any circumstances that apy por- tion of them be sold by public auction. I direct thatall my satd heirs shall ami y divide my heritage amo: selves in the por= tions according as I have assigned thom, making of them a s‘inpie familiar description for their own guid- a I also leave to ail my servants for their natural lives, to those in my service at the time of my death, and who have served me for more than tweaty-lve years, the tull monthly wages they received wheo L Was alive; to those who have served me for more than fifteen years, I leave two-thiras of their monthly wages; and to those who have served me for lese than ten years one-third their monthly wages. In the enjoyment of this disposition, notwithstandin, that 1t Is unnecessary to declare it, 1 intea that the two ecciesiustics who form pert of my household shall be comprisea, I expressly prohibit th ny of the al id wball, for whatsoever reason, mortgages upon the property which constitutes ‘itage or upon thi that | have made said assignments solely under the express condition that they 42 not effect apy such mortgage; and of any or all of them should think Ot to do +o, then (declare that ipso facto they are excluded from the presecrption of the said assigament, which le hone other than & precious liborality, and I give them instead 100 scudt fur guce only. Rome, Jan. 18, 1 G, Cardinale ANTONELLL, ‘fhe small envelope enclosea with the above bears: on the vutside the following Inscription:—*For my heirs.” contents, being taken out, consisted of 4 sinall sheet of paper writteu evenly in the same hundwriting, va the tirst two pages throughout, part of the Ubird, and at bottom the di e, Ji wry 18, ISTL, and the signature, “G. Card, Antonell There are neither erasures nor marginal notes, inter. Hiueatious vor additions, The tenor of this little sneet 1s 48 Lollow: My heirs are to pay the following legacies :-— ‘To ny good sister Rosalia, married Sanguignt, 6,0008, To ng | wiece Auns Sanguigni, married to Count |, 000K. ‘To my ures Lucia Antonellt, 0006 To my niece Teresa Ant: 000f, To my niece Innoven: arried Born the Lenivier with silver vas reliet representing the Nativ- ity, which stands near my bed. To my vephow Agostiu», the watch which stands om the littie table, with the ‘arms of ihe Holy Father, given ine by his Holiness on occasion of the centenary of St Peter, ‘Yo my nephew Domenico, the other pocket wateh, with my arms. f To my wephew Paolo, the watch, with gold chain, which | wear every day, with my arms on ene side api iny cipber on ‘the other. To my nephew Pietro, twelve silver covers of those which | use daily, To my sister-in-law Mariana, one of my 4 of greae silver lamps, whichever she chooses, The other I leave to my sister-in-law Peppina, Vo my sister-in-law Mimma tleave my triangular silver inkstand, which stands Wa my best writing table, together with one of my little boxes of Fioreu- Une inosac, which are in the same room, ‘fo wy sister-in-law Vittorm L leave tne stiver basin and vase of English work, which are in the cane, To 4 niece Emma, wile of Agosting, | leave ail my lace, her good mother, Coptessa Garcia, 1 leave the bitte service of silver gilt, consisting of tray, coffee cream jog, sugar bow! and cups, with “noone, requea to accopt them as a retaembrance of who 1 her for all the kimdness she used toward him while he was in this world, aud who prays her te make age of the said objects for her dejeuner, Rome, Jan, 18, 18 G@, Cara. ANTONELLA ‘Then follow the tation ot the and the siguatares of Cardinal Antonelll’s lawy: whe Pre. lor and of the witaesres, and the now of expenses @f registrauon,