The New York Herald Newspaper, March 6, 1879, Page 3

TIE BANKRUPT. PRELATE Archbishop Purcell’s Liabilities Over Four Million Dollars. AN ASSIGNMENT MADE. What Prelates, Priests and Laymen Say About Helping Him. WILL THE CHURCHES BE SEIZED? [BY TELEGRAPH TO THE HERALD.) Crxcrynatt, March 3, 1879, ‘The financial embarrassments of Archbishop Pur- cell were brought to a crisis to-aay by a formal as- signment of all his property, except the Catholic churches and the lots they stand upon, the title of which is vested in .his name, and the Archbishop's ‘residence to John B, Mannix as an assignee for the benefit of the Archbishop's creditors, ‘The form of transfer was first a deed signed hy the Archbishop to his brother Edward, which was signed last night and filed in the County Recorder's office this morning, and then the arsigninent of gil the property so conveyed by Father Edward to the as- signee by the following deed of assignment :— ‘THE ASSIGNMENT. * Know all men by these presents that I, Rdward Purcell, of the city ot Cincinnati, Hamilton’ county, Ohio, in consideration of $1 to me paid by John B. Mannix, of the same place, the receipt whereot is hereby acknowledged, and of the uses, purposes and trusts hereatter mentioned, do hereby bargain, se!l, assign, transfer and sot over to the said John 13, Man- nix, his heirs and assigns, wll my goods, chattels and eflects, all amounts, debts and demands due, owing or belonging to me, all securities for said anounts, debts and demands, and all and singular the personal property and real estate owned by me, of all and every description, whatever and wherever situuted, to huve and to hold the same, with the ap- es, to the said Johu B. Mannix, his heirs, executors, administrators and assigns | forever—in trust, nevertheless—tor the equal benefit of each and all of iy creditors, and to be — administered for their benetit,’ under and = in pur- suance of the assignment laws of the State of Ohio, and in furtherance of the premises I do hereby make, constitute and appoint the said John B. Mannix my true and lawful attorney, irrevocable, with tull-power and authority to do all acts and things which may be necessary in the premises, and to the full execution of swid trust, dnd for the pnr- pose aforesaid, to ask, demand, recover and receiv of and from all and every = on and persons, all the property debts and demands due and owing ‘to me, and to give good and valid receipts, acqnittances and discharges for the same, and in default of delivery or payment on the premises to sue, pros- ecute or implead for the same, also for the purpose aforesaid or any part thereof, to constitute and ap- point one or more attorneys under him, as well as to make their authority to execute, acknowledge and deliver all necessary deeds and other instruments of conveygnce hereby’ ratifymg and confirming what- ever said John B, Mannix may lawfully do in the premises. In witness whereof I have hereunto set my hand and seal, this fourth day of March, A. D., 1879. EUVWARD PURCELL. , Signed, sealed, acknowledged and delivered in the presence of Otway J. Cosgrove and J. F. Callahan. THE TRUST ACCEPTED, I hereby accept the above trust. JOHN B. MANNIX. Mancw 4, 1879. THE PROPERTY TRANSFERRED. ‘The following isa list of the realty transferred ‘under the above deed of assignment:— A vacant lot on Central avenue and Eighth street, 90 by 192 feet, adjoining the Archbishop’s residence: lot corner Third and Plum streets, 180 by 185 feet, known as the Old St. John’s Hospital lot; the St. Mary’s Lnpeg | property, ten acres, lying on the western side of the city; the Considine tract of seventy acres, lying west of the city; a tract of ten acres adjoining the Considine estate and contain- ing the seminary; four and six-tenths acres of land on Mount Harrison; the Cathedral schoolhouso and lot, coruer of Mqund and Elizabeth streets; a lot at the corner of Park and Broad streets, 21 by 90 fect. VALUATION. The valuation placed on all this property is only about $700,000, and somo of it is mortgaged for half of its value. The mortgages and accrned interest amount to over $200,000, so it is safe to say that the property is to-day worth not exceeding $500,000. The other property transferred consists of notes and mortgages; its inventory has not yet been given, and the assigneg, when called upon to-night, was unable or unwilling to -givethe amount. It has been claimed, though, all along that they would foot up from $250,000 to $200,000, i LIABILITIES FOUR MILLIONS, The amount of liabilities, as repérted to the old trustees, whose trust expires with the assignment, and adding the suits which have been brought in court, amount to $4,052,000. Other claims may yet be outstanding, but no estimate can be made of their amount, as the holders havo not filed them, and what few account books Father Edward Purcell kept are practically valueless. ‘The reconveyauce of the property by the trustees was accomplished to- * day without any trouble. They had held tho real éstate by a mortgage, Which was intended to serve as a basis for issuing bonds upon, thus making them the trustees for the bondholders and mortgagee to the Archbishop, but inasmuch as none of the proposed bonds had been issued gil that they had to do was to release their trusteeship and cancel the mortgage, and this was done this afternoon, though the records at the Court House show that it was not done until several hours after the deod of assignment had been made, MR. MANNIX A SURPRISE. The assignee, Mr. John B, Mannix, is a young law- yer of good standing and fair practice, but his ap- pointment was a surprise to nearly everybody. It’ had been supposed that the duty would devolve upon some business man with long experience in manag- ing commercial affairs, The amount of his bond is to be determined by the Judge of the Probate Court, and he had not decided upon it up to the time of closing his court this afternoon. It will probably be not less than $500,000. THE CLENGY’S APPRAL. Father Quirin said to-night to your correspondent: — “We have prepared a circular letter upon the very plan suggested in the Hrnatp, presenting our case to the Church at large in the United States, and asking that they do what they cin to release us from our load of debt. This will be sent to every priest and bishop in the United States. We have besides this addressed all the archbishops, and, have already begun to receive roplies of the most gratifying character.” CARDINAL M'CLOSKEY'S “What was the Cardinal's reply “He addressed the Archbishop a feeling letter, tril of kind wishos, and told him that as soon as Easter had passed New York would bo open to him, and ho would find a hearty response to his request. This ‘was the substance of his note. Its language I am Dot able to give.” “Then you expect a general response from all over the country?” “Yes, wo feel to-day as though heavy load was taken from us. The responses from our friends are very gratifying.” AN INFORMAL DISUURSEMENT. aun tA EG on the — bors Quinn, at you ont some moncy to-day to the peo) about the Atchbishop’s residence.” ‘4 “That is true; our congregation of St, Xavier raised something over $1,000 for the Archbishop, which was putin my hands. Some of onr friends told me that it was Hable to be attached by one of the parties who had entered suit in the court, soI thought I was doing my duty among the class of his debtors who needed the money by giving it out to them rather than have it taken from me by order of the Court. I gave it out in small sums, not more than $5 to any one person, and only to those who were really needy. PLY, p best A benhnSoreaNnting 10 HERALD correspondent this eveni! inter- viewed one of the leading lawyete ot thie city, a Catholic, as to the legal aspects of the case, whether certain of the Church property can be sold to ay these debts. Sporking of thit property he skids. “As far as the records show it belongs to him absolutely. He certainly holds the legal title to it. The question, then, is, Docs he, notwithstanding the absolute deed, hold it in trnst? Holding it a8 he does absolutely in himeelt, as far as tho records show, it follows that ho may con- yey it to a bond fide purchaser, without notice, treo from any trust which might otherwise attach to it, But although the record shows the title to be abso- Intely in him and mentions no trust, yet he may be declared to be a trustee under proper circumstances, OWNER OR THUSTRE ? He may be such by implication. It is an ola prin- ciple of equity that when property is conveyed to one and the purchase money paid by mother there is @ resulting tritst in favor of the one : NEW YORK HERALD, TEURSDAY, MARCH 6, : 1879.-TRIPLE SHEET. who pays the money, and it makes no difference if both the one who takes title and the one who pays the money are the same rn it This one that person acts in adouble capacity. principle, we believe, is the key ng eli cpe tion as to tae liability of the property in the Are! Dishop’s name for the debts which he has ineurres, Avother point in this ease was referred to in the fact that the Church of the Immaculate Conception, aud most of the Cathedral itself, was paid for ont funds deposited with the Archbishop, To this the reply was: n this case there would be a resulting trust in favor of the church paying the money, aud it would not be liable for the debts of the Archbishop con- tracted in his individual capacity, The only way in which this last pronerty could be transferred free from the trust would be by conveying it to one who aid not know of, the true relation, or who had nothing which would reasonab! ut him upon inquiry, but the possession not under lease of the ebureh Which paid the mopey would be sutcient 1% been notice, Now, whether er not the property aid for with Church money would be a question of evidence, Sneh property belongs absolutely to John B, Purcell if so paid for, He may sllow other ties to nse it of rent if he Wishes, Having taken the legal title and having paid for it with his own money there is nothing upon which to base a claim that he holds it in trust. It is absolutely his and Mable for his debts, from the amount of the largest deposit in his hands to the price of a box of sunt.” ‘This is a purely legal aspect of the case, but a more practical one in the questions at issue—that is, “how to get the deposits paid off—was presented ‘by an- ottier lawyer, who said to the Hxnatp correspondent this eve _- rt tA CANNY VIEW. “It is a mistake dy the Archbishop, this thing of ex- empting the Chuveli property from the deed of assign- ment. Pare of dt will have to go., Certainly, the Church ot the Immaculate Conception, on Mount An- burn, was paid for out of these funds deposited with him: so was the r part of the Cathedral and the archiepiscopal residence. My opinion is that these will be held by the courts as responsible for his debts. Very well. Other churches in the city, such as St, Xavier's, St. Patrick's ard the Holy Angels, are held in his nume, but were not paid for by him: ‘These, of course, will not be adjudged as belong- ing to him. Now, the best thing he could have ¢ would have beon to assign everything. ‘Then priests could go all over the country and say, ‘Here is our cathedral, the finest in the West; are all our churches, all gur — schoolhouses and seminaries in the hands’ of, an assignee, liable to be sold for the Archbishop's debts,’ If they made such a plea as that on the Catholic Church of America the etfect would have been jrre- sistible. The Church would have responded as ono man, and it would not have taken many months to haye gathered up money enough to pay off ev: dollar he owes. As it is, they 4o before the Chure rippled in their claims by the fact that all the prop- erty hus not been given mp.” NEVER SHOULD HAVE BEEN. Geveral S. F. Hunt, another prominent lawyer of this city, said to a HenaLp correspondent to-night that he deeply regretted the misfortune of the Arch- bishop. He ‘had known him for years and it was “waxier to turn the sun from its course than Fabricius from the path of honor.” The ditheulty began with the confidence of bth Bishop and layman. The good Catholiz reverenced the Archbishop and believed him infallible in things spiritual and temporal, Every dollar had gone for charity or the advancement of the Church. The spires of Cincinnati were witnesses to the zeal and tidelity ot Bishop Purcell. The great mistake of his lite was that he gave any attention to saving in- stitutions instead of saving souls. His culture, his piety, his devotion showld never have been turned only for a moment from the early vow of consecra- tion to the work of the Master.” “But what of the remedy ? “Father Edward, Iam told, made an assignment to-day. This is perhaps the only course that was left. ‘Tho bond idea was lost in the magnitude of the indebtedness, and the lottery project could not have received the active sympathy and support of the priesthood, Independently of the legal and constitutional objection the only way to relieve the Catholie Church from the criticisms which the affair may provoke is’ by the generous majority of the universal Church. The admirable precedent of Archbishop Williams, of Bos- ton, who id the entire default of a Catholic bookseller of New England, be- cause of the disgrace which might attach to the Church, can alone save the Archbishop and priest and layman and Church from the unfortunate result of a so-called ecclesidstical savings bank. The project suggested in the New York Henatp of yes- terday is, in my judgment, the only possible hope of assisting the Archvishop. The Catholic Church knows neither time nor geography, and that charity which has always characterized its tollowers ‘should not allow any discredit to attach to a name that has done more to make Catholicism liberal and_repubhi- can than any priest or prelate, none excepted, beyond or even inside tho walls of Rome, With a united and vigorous effort every dollar can be paid to every de- positor.”” HOW THE DEPICIT WAS CAUSED, Mr. itles Stewart, one of the late trustees, said to-day "The Archbishop's embarrassments havo been caused by the enormons amounts of interest he has had to pay moro than = any- thing else. We have goye buck for a io of ten years in the accounts and find that An fe wa} ft dnjereat slone he has ineurre:L a has pn receiv money, acto Sadi, ‘and diocese in sneer for thirty or forty-years, and I am certain that it has amounted to all that he now owes,” “How many accounts did your Board of Trustees audit?” examined 3,092 accounts up to to-day. Yhat was the exact amount of the indebtedness on them?" “It amounts to $3,651,543. Added to this are notes: due to banks, $117,000. Then there are the suits en- tered in the courts to be added, These amount to $215,000, In round numbers $4,000,000 is as near the figure as we can get at it np to this time.” “It is said that the Archbishop paid large sums of money to the Pope. Is that true?” one of the money represented in these debts ever went to Rome. It is true that collections have been made here in times past for the Holy Father aitd they were very likely sent by the Archbishop, but they were the voluntary offerings of the congre- gation—Peter’s pence as we call them—and not ono dollar of the money deposited with the Archbishop ever went that way. “What, in your opinion, will be the plan adopted to relieve the diocese of this debt?” “The only plan that I can think of is to make an appeal to the Church through the country. Such a call is being mado now.” MORE SUITS, Ono law firm entered suit to-day in the Superior Court for twenty-one creditors, most of them being Italians, The following are their names and the amount of their claims, without inte Apna Musse, $8,000; Joseph Bittlemeier, $7, Boggiano, $6,810; John Baptist Bogylano, $6,400; Paul Arata, $5,300; Joseph Malatesta, $3,000; A\ Barsocine, 296; Catherine Erckenbrecher, $2,000; Charles Kuni, $1,73¢ Bugani, $1,308; Lewis £1,000;" Joseph Cunco, Mary Arata, $ Zanoni, 3 Ma 1; John B. Massa, $7 harles Genoehi, 6 ‘aroline Genochi, £337. tered against him as follows:— Philomena Giovanio Other suits we Charles Kuni, $ 0; William Borger, $1,300; George Sehundt, $1.50 Richard .Dunea, $4,00 George Overbach, $100; Bernard Meyer, $4,450; P, Brannan, ; Barbara Varnan, #: Patrick McDonal William Donegan, $440; Joseph Overbeck, Sofon Bei}, $9,400; Joseph Zottlemeter, $7,085. Thetotal amount of suits entered against him to-day was $90,430, THE ARCHBIRHOP AND HIs MNOTHER. “ward Purcell continues too ill to see any one. ‘I> Archbishop is at his Lenten retreat at the seminary and admittance is dented to every one who wishes to see him éxcept his private secretary and one or two member#of his household. ‘he assignee of his estate will have ten days in which to fle his bond. There’ ix talk to urging the appointinent of two assignees instead of one, it being claimed that the labors involved in settling up the affairs are too onerous for one man to assume, ARCHBISHOP WOOD, OF PHILADELPHIA, SYMPA- THIZES WITH ARCHBISHOP PURCELL, BUT D¥- CLINES TO EXPRESS AN OPINION ON THE SUB- SCRIPTION PROJECT, {BY TELRGRAPH To THR HERaty.] PurLapetrita, March 5, 1879, When the Hxnarp correspondent called upon Arch- bishop Wood yesterday to ask his opinion upon tho financial troubles of Archbishop Purcell, he declined at that time to permit him to make public any expres- sion of views as coming from him ot lly. Through his Secretary, Father Brennan, he intimated that he did not know the full story of the matte: He, however, said that he would read the account published in the Henanp, with the suggestions therein, to make good tho’ deficiency by a gencral contribution. To-day I called again upon His Graces! and when, through the courtesy of Father Brennan, 1 obtatned audience, he said: “I know absolutely nothing abont the financial ‘affairs of the Archbishop of Cincinnati, except what Thave real in the newspapers, It the published statements be founded on fact, I have but to express my regret and sympathy for the aged, venerable and saintly Archbishop.” He declined to say what he thought of the general subscription pian to relieve the prelate. From mo- tives of delicacy he preferred not to speak of this matter, Only one side of the story was given. He had seen no statement from the ‘Atchbishop himeelf, and any opinion he formed now would, therefore, bo T wes ig was evidently a painful one $0 hop Wood, whose relations with Arch- bishop Purcell have been most intimate. It was His Grace of Cincinnati who baptized Archbishop Wood. AN ULTRA-HOPEFUL VIEW IN CHARLESTON—THE FAIR PROTECT, [BY TELEGRAPH To TAR HERALD.) CHARLESTON, March 5, 1879, Tho communication in the Henaup suggesting the wiping ont of Archbishop Purcell’s indebtedness created considerable impression here. Bishop Lynch is not in the. city, A Hrnatp reporter, however, called on Very Rev. Father Quigley, Vicar General of the Diocese of Charleston. Father Quigley said he regarded the suggested schome as highly impracticas Y | demands from other ble and not at all necessary. He was quite sure that the Archbishop would be able to meet al! his obligi tions, and that the panie was altogether un- called’ for, The Catholies of Charleston were quite willing to come to his assistance it it was necessary, but the Archbishop had repeatedly iterated that his assets were far in adyanee ot his liabilities. Besides this, not more than a fort- aight ago the diocesan synod of Ciucinnati had taken upon themselves the task of relieving the Archbishop by means of a diocesan fair, That synod has decreed to hoid a diocesan tair and to establish a Diocesan Debt Society for the purpose of relieving the Arch- bishop, and, in bis opinion, no help from other dioceses would be needed, THE ARCHDIOCESF, OF LOUISIANA, STRUGGLING WITH FINANCIAL DIFFICULTIES OF ITS OWN, CANNOT HELP, [BY TELEGRAPH TO THE HERALD.) New Onveans, March 5, 1879, The Very Rev. Vicar General Rousul, now in charge ot the Archbishopric of Louisiana in the ab- sence of Archbishop Perche, has been waited upon and informed of the suggestion, published in the Herat, in relation to a general subscription on the part of the Catholics of the United States to relieve Archbishop Purcell from his embarrassments, - While the very reveroned tather commends this noble work as being every way worthy of the earnest efforts of all the good Catho- lies of the country, he regrets it will be impossible for the archbishopric of Louisiana to assint in it, “Our entire Catholic community,” the very reverehd father informs me, “not only city but through. out the State, ‘is sorely straitened and ling amid financial difficulties that everywhere embarrass it, and nearly our entire Church property is now under mortgage and some of it under actual seizure, Archbishop Perche is at prevent on a visit to France with the sole object of soliciting some assistauce there for our present pe- cuniary aflictions. The last cable from His Grace, ived last Sunday, was not encouraging.” Under present condition of affairs the Vicar Geueval dovs not think he would be justified in calling upou his people to join in the subscription, 28, BUT NOT LIKELY TO OR IZE FE iP. . Newank, N. d., March 5, 1879; Bishop Corrigan, of the Newark diocese, has not yet communicated with any of the members of his diocese in relation to a collection for the relict of Archbishop Purcell, Rev. Father Kraus, pastor of St. Boniface’s Catholic Church (German), on First street, Jersey City, last. evening, when visited by a reporter, said thut, although he felt great sympathy for the Are! bishop in his trouble, he did not think’t! ized collection would be ord Father MeQuade, of St. Peter’s Church, expressed the same opinion, ; RICHMOND CATHOLICS READY TO HELP. [BY TELEGRAPH TO THE HERALD.) | Ricuvoyp, March 5, 1879. Several of the well-to-do Catholics here express themselves willing to contribute to the relief of Archbishop Purcell’s indebtedness when proper steps for that purpose haye been taken. NEWARK ALSO SYMPATH A CATHOLIC BANKER OF CHIC\GO VIEWS A SUB- SCRIPTION WITH DISFAVOR—A DANGEROUS PRECEDENT. [BY TELEGRAPH TO THE HERALD.) Cutcaco, March 5, 1879. There is but one Catholic banker in Chicago, Mr. J.V. Clarke, President of’ the Hibernian Savings Bank. This gentleman was called upon this evening by a HERALD representative and interrogated regard- ing his opinion of the project to liquidate Archbishop Purcell’s* indebtedness by a general subscription among Catholics. «Mr. Clarke said that, owing to the tact that- ho had been away from home for some days past, he had not kept fully postel as to the difficultics existing in the archdiocese of Cincinnati. From what he gleaned by cursory reading of the newspapers it appeared more than ‘simply strange that such a state of financial ruin should exist. It passed his comprehension that. thoso, charged with the administration of the Church affairs there could have allowed themselves to become so hopelessly involved as reports would indicate. The first thing should be to ascertain, if possible, just where the funds have gone and to have a complete and satis- factory exposition of the manner in which the finances have been appropriated. A DANGEROUS METHOD. As yet he had not heard the matter discussed in Catholic circles here. But he would say that we: this plan of general smbsortption «ina ated would open wide the gates for future subseriptions and would be but the establishment of a precedent for the guidance of others should a_ similar event ever happon either to an Archbishop, Bishop or other high diguitary of the Church. He could not see where the matter would stop,and while it was hardly possible that anything so overwhelmingly disastrous as that which has overtaken Aschbishop Purcell's archdiocese wouldever occur, there was no telling iow many lesser instances of mismanagement might be de- veloped, and consequently the people be again and again taxed to make good such shortages. To Mr. Clarke's mind it would be much better to institute the scheme of subscription among the chureh people ot the archdiocese of Cincinnati and let them do what they can to extricate the pretate trom his financial embarrassments. BE JUST BEFORE BEING GENEROUS. ‘The diocese of Chicago, he thought, would hardly feel able to meet any obligations of this character, for it had had in the near past all that it could attend to to put its own house in order, When the late Bishop Foley died the diocese was becoming estab- lished upon betier footing than it had known tor many years, but even now it 1s in no condition to extend its aid beyond its own borders. “We must,” said Mr. Clarke, ‘in view of the establishment of precedent and of injuring ourselves, be just before fore we are generous.” WHAT THE CATHOLIC BANKERS THINK ABOUT THE PROPOSAL TO ASSIST ARCHBISHOP PUR- CELL HERE. A Henarp reporter yesterday visited several of the prominent Catholic bankers in this city with refer- ence to the proposal to call upon the churches of New York to aid Archbishop Purcell in paying the debts which he has contracted and*in helping him out of his present embarrassinent. Mr. Hoguet, of the Emigrant Savings Bank, said:— “Lthink it would be avery great and good thing could it be carried out. I am not prepared to give an opinion as to the advisability of it, That would altogether depend upon the impetus given it by persons high in the Church, If the Cardinal makes any ¢all on the Catholics of New York it might be productive of a very good result, but how near it may come to filling up the gap ‘I can- not say. There is no doubt but that if this appeal was granted others would be mado, but I do not think the other dioceses are #0 badly off. L believe that the whole Catholic debts of the United States could be extinguished by the Catholie population if they were properly mus- tered into action for that purpose. How this should be done I cannot say, Iam only looking at figures and at the numbers of the population. Though poor there are enough of them to settle all the debts, I have heard nothing about a mov: nt to relieve the Archbishop. Of course such a movement would not take place unless called for by persons in authority.” EVERY DIOCESE SHOULD PAY ITK OWN DEPTS, Mr. Eugene Kelly, the well known banker of Ex- change at first seemed very reluctant indeed to say anything about the matter, beyond expross- ing his opinion that he had no doubt the money would be all paid in theend., He then inquired of the wriferif anything detinite was known us to the amounts due by the Archbishop and seemed to think that the accounts must be exaggerated. He said that he had read in a Nashville paper that the troubles arose by the Archbishop continually compounding the debt atan enormous rate of interest—in many cases as high as ten and twelve per cont. In this way a debt of a half a million would reach $4,000,000, RevortEn— Do you think the proposed collection in this diocese would be advisable? Mr. Keuiy—I think that every diocese ought to look out for itself, I have no doubt but that this money will be paid either by their own diocese or by others. Rerorren—Do you think that the Archbishop should be assisted by other dioceses or be left to bear the trouble he has brought on himself? Mr. Keu.y—Ah, well, that is another thing, All I can say is that [think the debt will be omy either by the Western dioceses or by them aided by others, The banks mighf give some monoy, but they are not going to jump at a thing of that kind just now. I think it would be very foolish for a man to give an opinion as to what ought to be done until all the facts are known. I think every dioceso ought to pay their own debts, If they get into debt let them pay it off, Mr. William O'Brien was even more decided in his expression of opinion, At first ke would express no opinion, and added that he bad heard of no move- ment to assist the Archbishop, After a little further questioning, however, he stopped long enotygh in giving directions to his numerons clerks to express some very clear and emphatic views upon the sub- ject. : “1 do not think such a thing advisable,” said ho, ought to take care of itself. If this edout now bythe people here, other dioceses ail over the West will be made upon New York, ana they will expect us to pay thom off. New Yorkers have enough to stagger wader now, Nearly all our churehes are in debt, and, in fact, so are the churches of almost every denomination. If you go into any church now on Sunday you will be almost | sure to hear an appeal for money to pay debts— unless, he added, smiling, you go into those churches which Mr, Kimball bas been helping out. Ido not think euy movement here to help Are! | bishop Purceli’s diocese would be advisable.” ONE OF THE FAITHFUL WILLING TO HELP, To rue Eprror or Tur Henarp:— God bles: Hevaup. Please urge the good Cardinal to g've the Catholics a chance to show their devotion to the Church and their love, 1 Jove it with my whole heart azd am willing to contribute what ‘ord, AN IRISH SERVANT GIRL, ¥ Crry, March 4, 1579, AN OLD READER APPROVES. ‘arch 4, 1879, To THE Eprror or Tax Heraup:— ‘The dignified and eminently respectful article in ‘sHunaLy, relative to “wiping out” the debt of Archbishop Purcell, only commands the approval of the Catholics of this city aud the United States. If properly organized, the egtire amount will be raised, OLD READER. CARDINAL JOHN HENRY ° NEWMAN; The official list of the cardinals to be created at the next Consistory includes, as we are informed by a telegram from Kome dated March 3, the name of Dr. Newman, The elevation of Father Newman to the rank of a prince of the Roman Catholic Church is an cyent which hes long been expected. It is a deserved tribute to rare> personal merit and exquisite literary attainments. by this step Poe Leo XIE. hes proved him- self superior to the trammels which the uitramontenes have sought to impose upon him and England has gained a second resident cardinal, who, like his colleague, Cardinal Marning, belougs to the highest type of the aristocracy of worth and intellect. Father Newman is the elder brother of the distin- guished Professor Francis Wiliam Newman, late of University College, who, after a long secession from Christianity im auy form, has lately become a devout member of the Unitarian Church, They are the sons of John Newman, a member of the banking firm of Ramsbottom, Newman & Co., of Lombard strevt, their mother being of French Hugnenot de- seent. ‘They were born in London, the elder on Feb- runry 21, 1801, the younger in 1805, ‘They were edu- cated together at ialing school, and were both grad- uates of Oxford University, though not at the same time nor at the same college. Johu Heary Newman graduated with classical honors at ‘Trinity in 1320, having gained a competitive scholarship in 118, He wes elected a fellow of Oriel in 1822, and, having token orders in the Church of Enyland 1n 1824, was chosen the folowing year vice principal of St. Alban’s Hall, Oxtord, the principal being Dr. Richard Whately, afterward Archbishop of Dublin, Mr. New- man was much influenced by Dr. Whately, whom ho aided in preparing for the press his “Dialogues on Logic.” From 1826 to 1831 Newman was an active and efticient tutor of ‘Crinity College, and in 1828 he be- came incumbent of St. Mary's Church, Oxford, where his preaching soon exerted a powertul influence upon the younger members ot the University, aud is still Las the principal factor in the rise of the or “English Catholic” movement, which is usually dated from the year 1833, though the same influences had been,wt work for several years | before, bemy It was in December, 1832, that Mr. Newman, Rome with his triend Hurrell Froude, was toreibly impressed with the idea that the great mis- sion ot his life to combat scepticism in religion, and it was on his journey homeward that he wrote (January .\ his beeutiful hymn, Load, kindly light, amid the encircling gloom, which is so-highly prized by Christians of every denomination. On his return to Oxford Mr. v- man became actively engaged with Hugh Rose, Keble E. B. Pusey and the late Hurreil Froude (elder brother of the historian) in a well concerted ‘‘Anglo- Catholic” movement, ot which he was the real head, ‘The celebrated ‘Tracts for the Times,” commenced in 1833, were duc to his suggestion, and the most eflective of the series, including the last and most famous, “Tract No. 90,"" were written by him. At the request ot Hugh Rose, Mr. Newman undertook to write a history of the CatholiesChurch Councils, as the first volumes of a projected theological library, and the first part of this work appeared in 1833, with the title “The Arians of the Fourth Century.” In 1834 his theological opin- ions led to a rupture of his long friendship and association with Dr. Whately. In the suceveding ‘ears Dr. Newman's pen was very active. He pub- ished, among other works, “Lectures on Romanism and Popular Protestantism” (1837), ‘The Church of the Fathers” (1440), cight volumes of “Parochial Sermons” (183-44), an “‘Essay on the Miracles of the Middle Ages’? (1543), an “Annotated Translation of St. Atharfasius’’ (1s42-44), wand “Sermons on tho, Theory of Religious Belief” (1844). In 1842 his di- vergences from his associntes in the Anglo-Catholic movement became so marked that he quit Oxford and established at Littlemore an ascetic community on a mediwval model, and thenceforth he tended rapidly toward Catholicism, ‘This is not the place to give the history of Dr. Newman's conversion to the Roman Catholic com- munion, wh.ch was consummated in October, 1845, when he was ordained a priest and appointed the head of the Oratory of St. Philip Neri, at Birming- ham, In 1854 he was appointca rector ‘ot the newly founded Catholic university at Dublin, but resigned that post in 1858, Subsequently he established a school for the children of the Catholic-gentry at Edg- baston, near Birmingham, where he has since resided. In December, 1877, Father Newman was made an honorary fellow of Oriel College, Oxford, Among his many works of later years are the celebrated “Devel- opment of Christian Doctrine” (1846);_ two novels— “Loss and Gain” and “Calista; ‘Lectures and Essays on University Subjects’? (1859); “Apologia probita Sua" (864), being an autobiographical lis- tory of his religious opinions; a-volume of (186s), a “Grammar of Assent’ (1870), and a“ to the Duke of Norfolk on Mr. Gladstone's E: (1875), a work which produced a protound It is understood that Dr. Newman more than once declined promotion in the Church of Rome when offered by the late Pontitl. <THE “SATURDAY” AND DR NEWMAN, The first intimation of Dr, Newman's probable ele- vation to the Cardinalate was warmly welcomed by Snglish journals a tew weeks ‘The Saturday Review said, commenting on_ Dr. ept the honor conterred upo “It has been left for the successor of Pins 1X. to show his just appreciation of merit by making eparation for long neglect and offering Dr. Newman the purple. That at his age and with his re- tiring disposition he should have declined it is matter rather for regret than for surprise; but it is dis- tinetly matter for regret. It is a pity that the great- shiman since the Reformation who has faith of Woisey, Fisher and Pole should tle. “No doubt the Sacred Col ined far more honor than it shared tli not inherit their m lege would have could give by receiving him among — its members; and this circumstance, of course, must make his decision doubly regrettable to those who are jealous for the credit of a body which found room for the intellect of a Cullen and the piety of an Antonelli, while Rosmini, Dupanloup and Darboy were studiously exe od from the charmed citele. There would have been something congruous in seeing the man whose old college at Oxtord has unanimously enrolled his name, though an alien from his former creed, " among her honorary fellows, also enrolled in that Sacred College which for many centuries has held the highest rank in the communiyn to which he has transferred his brilliant services. And when we think of other names inscribed where his is omitted, it is ditticult to reflect without a smile or a sigh on the capricious distribution of human tittes and dignities. Dr. Newman's tame, indeed, needs no tinsel gilding, and to himself personally such external adjuncts will be matter of less than pnee. But it is well at least that he should ve been suffered to pass away without an offer highest distinction his Church had to bestow, and well that Leo XIIL shoutd have had the wisdom and the courage to offer it.” THE SCHNETZER HOMICIDE, Coroner Ellinger held an inquest yesterday in the case of John Schnetzer, a German butcher, who was stabbed and killed on the 23d ult., at 107th strcet and Third avenue. . Louis Palmero, an Italian, is charged with the crime. He is a medium sized, determined looking man. Soveral Italians swore that it was a Michael Dewasser, alias Big Mike, who did tho stab- bing; but this assertion was controverted by other wit- neases to the tragedy, among whom was Mr. Norton, the proprietor of a liquor store on the corner where the stabbing took place, He was standing at the side door ot his saloon when he beard angry words on the sidewalk. He saw Schnetzer and another man fac- ing each other as it they were fighting. A wagon partially concealed the men from his view, Ho saw ® thickset man who was in his shirt sleeves raise his arm and strike deceased in the breast; the latter fell from the torce of the blow; hia as- sailant then ran down Third avenue; witness was certain it was not Mig Mike who did the stabbing; the latter was personally known two the witness; the man,who struck the blow resem- bied in height and general appearance the prisoner Palmero. * Two boys also identified Palmero as the murderer. They saw him strike the blow, and subsequenty pointed him out to Officer Ross. A car conductor corroborated the boys’ statyment. He fully identi- fied Palmero as the man who had stabbed Schnetzer, ‘The case was adjourned,to to-day, LOOKED WISE. Sergeant Doyle, of tho Thirteenth precinct, last night stated that Detective Johnson, of that precinct, had left the station house some hogrs before on & mysterious errand and that ho looked wise. ‘Th sergeant added that the dotective had been working on the Stewart caso recently, and it was probable band 1 areas developments might bo soon ex- Dow WASHINGTON, Constitutionality of the Legal Tender Act. TEST CASE TO BE MADE UP. General Butler and Mr. Chittenden in the Public Interest, ORGAMZATION OF THE NEXT TOUSE, Prospects for the Repeal of the Federal Election Laws. FROM OUR SPECIAL CORRESPONDENT. Wastsotox, March 5, 1879. THE LEGAL TENDER ACI—ITS CONSTITUTION- ALITY TO Be DETERMINED—HISTORY OF LItT-" IGATION ON THE SUBJECT. . ‘The agreement between Mr. Chittenden, member of Congress from Brooklyn, and General b.F, Butler to carry to the Supreme Court # case on which that Court shall have to decide on the constitutional power of the government to issue legal tender notes in time of peace, has been under private discussion for some time. Mr. Chittenden interested himeelf in the undertaking to have this question judicially set- tled so long ago as last June, He found great hesita- tion, even among persons who agreed with him, to assist in the matter. But Senator Edmunds agreed some months ago to serve as associate counsel in pre- paring and arguing a case before the Su- preme Court, and Mi William Allen Butler was retained by Mr, ittenden as counsel at the same time. A suggestion was made to Mr. Peter Cooper to undertake the expense of the groenback side of the suit, but he scemed unwilling to do so on account of his great ageand growing infirm- ities. Mr. Chittenden asked General Butler to take up the cause of logal tender, which the General very frankly did. The Supreme Court decided in February, 1869, that coin contracts are valid and can be enforced, * the case being Bronson against Rhodes. In February, 1870, it decided, in Hepburn against Griswold, that all contracts payable in dol- lars and made prior to the 25th of February, 1862, the date of the legal tender act, must be paid in coin orits eqnivalent. Its words were as followst— We are obliged to conclude that an act making mere promises to pay dollars a legal tender in pay- ment of debts previously contracted is not a means appropriate; plainly adapted, really calculated to carry into effect any express’ power vested in Con- gress; that such an act is inconsistent with the spirit of the constitution, and that it is prohibited by the constitution. ‘The Supreme Court consisted then of seven judges, Chief Justice Chase and Justices Nelson, Clifford and Field, who united in the above decision, and Jus- tices Swayne, Miller and Davis, These iatter held/in their dissenting opinion that the Legal Tender act was justified by the extreme exigency of the war and the necessity of the government saving itself from destruction, r Later the Bench was filled up bythe appointment of Justices Strong and Bradley, and the question was reopened at the instance of Attorney General Hoar, and the Court in the case of Knox against Leo reversed the previous decision and decided that the Legal Tender act applicd to contracts made before its passage as woll 93 after. Tho decision isin these word: We hold the acts of Congress constitutional as ap- plied to contracts made either before or atter their passage. In so holding we overrule so much of what was decided in Hepburn vs. Griswold as ruled the acts nnwarranted by the constitution so far as thoy apply to contracts made before their enactment. ‘hat case was decided by a divided Court and by a Court having a less number of judges than the law then in existence provided this Court shall have. In this opinion five of the nine judges concurred. They were Justices Swayne, Miller, Davis, Strong and Bradley. Chief Justice Chase and Justices Nel- son, Clifford and Field presented a dissenting opinion, in which they said:— We have no hesitation, therefore, in declaring our conviction that the making of these notes a legal ten- der was not a necéssary or a proper means tu the carrying on war or to’ the exercise of any express power of the government. The questions now to be raised in the case to be presented by Mr. Chittenden and General Butler are understood to be different from any already acted on and decided by the Court. In this particular they will not involve, but, on the contrary, exclude, the war power or the right of the government as a means of self-defence in time of war to give to ite notes the legal tender quality. The case will come in such shape that the Court must decide— “irst—Whether or no Congress under the constitu- tion can in time of peace give to Treasury notes the quality of legal tender for private debts, Second—Whether a reissue of a legal tender note, the original of which was dated before the closing of the war, does not lose the legal tender quality. And finally it is intended, of course, to so present the case that the Court shall decide whether or no Congress can constitucionally order the reissue of legal tender notes after they have been redeemed by the Treasury under the Resumption act as it did by a law passed at the long session last year, General Butler, as will be observed in his letter to Mr. Chittenden, holds that Congress may, under the constitution, make legal tender money out of any- thing and at any time. It is supposed that the case can be got before the Supreme Court for the fall term in October. The settlement of the question, in whatever way the Cotirt may decide it, cannot fail to have an extremely important effect on the political divisions of the country. If it shall be held that the constitution grants to Congress the right to issue legal tender notes at any time the millennium of the greenb: 8 Will have come. If it decides that Con- gress has no such constitutional power, then the Treasury notes now oyt will ceaso to have the legal tender quality, the Treasury may cease to reissue legal tender notes which it has re- deemed, and in that case national bank notes would take the place of government paper money to tho extent to which the business of the country shall demand notes, the National Bank act allowing of an unlimited extent. The following is the correspondence on the sub- Ject between Mr. Chittenden and General Butler: — Hovst, ov. Rernesentatives, Wasmixotos, D. C., dan, 16, 1879, Dran Grsknar—I understood you to say yester- day that you believed the government hus constitu. tional authority for the reissue of legal tender groen- backs, and that you also are willing to antagonize the onposing view fn the courts, now Fecaoes that we aeck @ suitable test case, (which, of course, will be @ real one) with the mu- tual nt to advance it as rapidly as may be racticable to the Supreme Court for a final decision, i you agree to this I will invite you to meet my counsel at an early day to confer in respect to the preliminary steps. Very respectfully, your obedient servant, 8. B. CHITTENDEN. Hon. Bessamtx F, Borer. Wasnineton, D. C., Feb, 4, 1879. My Dean Ma. Cuirrexpes:—I entertain the most ‘unwavering faith in the power of the government to coin money out of any material it sees fit; and the fact that there have been improvements since the adoption of the constitution in the way of making money no more limits its constitutional power to make money in the best way and most cheap and convenient for the use of the people than because there were no telegraphs and steamboats at the timo the power was given it to regulate interstate commerce and post routes therefore it must carry the mails on horseback in saddle baga. 1am willing, tor the sake of tho good it will do, to undertake the labor of arguing that qnestion before the courts in any manner that a case may be made— of course, an actual case. Now a case can easily be made for a friendly suit to bring up the points. Let a note of any person of upward of $5,000 be presented to him for payment. Let him tender therefor payment in groeubacks of the jasuc of ISTH or the issue of any date’ since August 20, 1866, which is the official date of the end of the war, Let the party moe the note .tetuse the tender and bring suit. Let tho tender be pleaded, state what it was, and let that plea of tender be de- murred to, and the record of the whole case need not take up two pages, and thus raise the whole auestion of the right of the government, in time of peace, to issu legal tender notes as mom Do not mistake me to think that the lega! tender is the best form of money, tor that is a question for legislative adjudication, and I hope the Legislature will so far get out from under bankers and capital ists as to adjudicate that question in the best inter- exis of the people and for the prosperity of the country. Tam truly yours, BENJAMIN F. BUTLER. Tue Hou. 8. B, Carrrexpes, House of Rep: sentar tives, Washington, D, © THE TEST OATH AND Y DERAL ELECTION LAWS IN THE FORTY-sIXTH CONGRESS—FEELING AMONG THE DEMOCRATS. There is a growing suspicion among the demo- cratic Representatives and Senators who remain here that fhey have drawn an elephant in the extra ses- sion which they allowed some of their ex- trenie men to force. When Congress as- sembles they will frame and pass laws repealing the objectionable sections of the Revised Statutes, If they repeal each of these statutes by a separate act it is very possible that the President will sign those repealing the test vaths and the clause allowing troops to be kept at the polls, but it ‘is thought he will veto a bill repealing the Supervisor and Marshals laws. This is the more likely because it is known that not all the whites in the Southern States desire the repeal of the laws, Conservative democrats in Louisiana and South Carolina and independents in other States are not averse to having them kept on the statute books, It the democrats in Congress should be so ill advised as to framo and pass on a@ single bill the repeal of the test oaths, with the Supervisor Jaws, the President would veto that bill, Thereupon there would remain nothing for the democrats ex- cept toconce more append the repeal on sppropria- tion bills, and thus deliberately bring matters to a deadiock. The more prudent of them confess that this would not be favorably received by the country, and they say that the wisest course for their party will be to get what they can, the repeal of the test oaths and of the permission to keep troops xt the polls and a change in the manner of drawing the juries, and let the rest go, with @ protest to the country that they haye done what they could to repeal bad laws and have failed because of fepublican opposition. FROM OUR REGULAR CORRESPONDENT. - Wasutncton, March 5, 1879, THE ORGANIZATION OF THE NEXT HOUSE—ILIe NESS OF DEMOCRATIC MEMBERS, The chances of a speedy organization of the new House of Representatives are not encouraging in view of the news to-night that four democratic Con- gressmen are so seriously {ll as to make*it most prob- able that they will be unable to take their seats on the 18th of March, One of these géntlemen, Mr. Acklen, of Louisiana, is lying dangerously ill with pneumonia, and Mr. Singleton, of Illinois, is reported so prostrated with sickness that he willnot be able to leaye his bed this, month. Messrs, Bland and Lay, of Missouri, are also incapacitated by illness for work, and are hardly expected here in time for the pening of Congress, This fact gives additional importance to the balance of power which the greenbackers claim to hold, and’some persons are fain to see a dead lock of indefinite duration if the greenbackers remain intact in their vote for Speaker. JUDGE BRADLEY ASKED TO TRY THE LOUISIANA ELEGTION CASES. + The members of the Louisiana delegation in the House yesterday called upon Judge Joseph Bradley, of the United States Supreme Court, to request him to sit at the coming trial of the Tensag and Natchitoches parish cases in Louisiana and expressed the hope that ‘the assignment would be made agreeable to this request. The reason alleged is that the people of Lousiana have confidence in the judicial fairness of Mr. Bradley, which is more than they could say of the circuit and district judges of that section.. GENERAL WASHINGTON DESAPTCHES. ‘Wasnrnctos, March 5, 1879, | THE TELLER COMMITTEE—SUBJECTS OF SUPER- VISORS OF ELECTIONS AND’ POLITICAL ASSESS- MENTS TO BE INVESTIGATED. ‘The sub-committee of the Teller Committee, con- sisting of Senators Hoar, Kirkwood, McMillan, Wal- lace and Garland, held a meeting yesterday. Their business is to inquire into the Thurman branch of the resolution under which the committee are acting, including the subjects of super- visors of elections and assessments for political purposes. As the President has issued his procla- mation for an extra sessidn of Congress on the 18th inst., it was concluded that the committee could not proceed to business at this time. On motion of Sen- ator Wallace it was resolved that the Attorney Gen- eral be requested to funish to this committee a de- tailed statement of the number of deputy marshals appointed under tho Federal statutes by the marshals of the United States, in reference to the direction of elections in the several States during the past year, where employed, the names of such deputies, how much paid to each, the length of time each of such deputies was employed, and the States and districts in which they were employed. The committee ad- journed to meet on the 19th of March. PRINTED MATTER UNDER THE NEW POSTAL LAW, Under the new Postal law, after May 6, 1879, printed matter other than books received in the mails from foreign countries under the provisions of postal treaties and conventions shall be free of customs duties, and books which are admitted to the international mails exchanged under the provisions of the Universal Postal Union Convention may, when subject to customs duty, be delivered to addresses in the United States under such regulations for the col lection of duties as may be agreed upon by the Boo- retary of the Treasury and the Postmaster General, PLEURO-PNEUMONIA, NO UNHEALTHY CATTLE ARRIVING IN ENGLAND, Wasnisetos, March 5, 1879. By a despatch from our Minister to England, dated February 15, 1879, the Department of State has in- formation that all the vessels which have arrived with cattle since the Ontario have delivered them in a healthy condition. Tho subject was at that date exciting much interest and assuming somewhat the shape of an economical question of protection against freo trade. UNITED STATES SUPREME OOURT. Wasitxatox, March 5, 1879, The following were the proceedings in the United States Supreme Court to-day: On motion of Matt A. Cat ter, John T. Ludeb ing, of Monroe, La, aud Jas. G. Jenkins, of Milwau- kee, Wis., were aduntteed to Practice Bs, wery_ also Edward G. Walcott, of Georgetown, Col., 01 Be Assistant Attorney General Smith, and Geo. b Edmonds, of lowa City, Iowa, on motion of Rush lark. . No. 172. Thomas R. Hartell appellants, vs. Benjamin ©. Tilgha continued by George Harding for the appellee aud concluded by William Henry Rawle for the appel- hot 3. The St. Louis, Iron Mountain and South ern Railway Company nti in error, vs. John RL Lofton.—In error to the Supreme Court of Arkansaa, Submitted by U. M. Rose for the plaintiff in error and A. H. Garland for the defendant in error. No. 174, Stephen D, Hosmer, plaintiff in error, vs, William T. Wailace, In error to the Supreme Court of California.—Submitted by 8. F. Leib for plaintifl in error and George A. Nourse for defendant in error, Adjourned until to-morrow at twelve o'clock, ARMY INTELLIGENCE, Wastinetox, March 5, 1879, Second Tientenant Bernard A, Byron, of the Sixth infantry, and Second Lieutenant Henry H. Wright, Ninth cavalry, have been ordered to report to the Superintendent of the Mounted Reerniting Service— the former to conduct recruits to the Department of Dakota, and the latter to accompany a detachment of the Ninth cavairv; both joining their companies on thecompletion of these duties. NAVAL INTELLIGENCR — Wasntxetor, March 5, 187% Tiontenant Commander John Schouler, detache January 11 from tho Essex, South Atlantic station, has reported his return home, and been placea on tT Director John 8. Cunningham, detached from the Hartford, South Atlantic station, has reported bis retura Lome. and been vlaced on waiting orders.