The Weekly Minnesotian. [volume], August 22, 1857, Image 2

About The Weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858

Image provided by: Minnesota Historical Society; Saint Paul, MN

                
v,
over which the Hon. Mr. Balcoinbe presides.
A true copy.
Attest, J. J. NOAH, Sec’j.
The Convention then took a recess till half
past 2 o’clock, P. M.
On motion by Mr. HARDING, the Con
vention resolved agaiu into Couimitte of the
Whole,—Mr. Wilson in the Chair—and re
sumed the consideration of the Schedule,
[Report No. 24.]
Mr. PECKU AM proposed further to amend
the 9th section, by adding in the 9th line, the
name of L. A. Babcock, and so appointing
two instead of one State Election Commis
sioner, viz : St. Andrew D. Balcombe, and
L. A. Babcock.
The amendment was agreed to.
Aud then, on motion by Mr. GAL
BRAITH, the Committee rose.and the Chair
main reported progress, and asked aud ob
tained leave to sit again.
On the further motion of Mr. GAL
BRAITH. the Convention took a recess for
15 minutes.
At the expiration of the time of this recess
the President resumed, and the Convention
resolved agaiu into Committee of the Whole
—Mr. Colburn in the Chair—aud resumed
the consideration of the Schedule.
The CHAIRMAN, by consent, unauthor
ized to make the phraseology conform to the
plurality of Commissioners.
Mr. SECOMBE proposed to amend fur
ther, so as to authorize the appointment of
the judges of election by the County Elec
tion Commissioners, instead of the State Elec
tion Commissioners, which was agreed to.
Mr. MILLS proposed further to amend Sec.
9, by striking out the words, “aud vacancies
in the election offices filledwhich was re
jected.
After further proceedings in the considera
tion of the apportionment of representation,
the Committee rose ; aud tlieu,
The Convention adjourned till to-morrow
morning 9 o'clock.
WEDNESDAY, AUGUST 19,1557,
Prayers b>- tho lt»v. Chaplain.
The journal of yesterday was read by the
Secretary.
On motion by Mr. HARDING, the Con
vention resolved int > Committee of the Whole
—Mr. Colburn in the Chair—and resumed
the consideration of the Schedule.
The Committee proceeded wuh the con
sideration and revision of the apportionment
of representation in Senate and House of
Representatives of the State of Minnesota,
the basis being one representative for 3,000,
and one Senator for 8,000 inhabitants—the
Standing Committee reportmg for the twen
ty representative districts of the State a rep
refutation of 26 in the Senate, and 66 in the
House of Representatives. The Committee
of the Whole proposed one additional Sena
tor and Representative district, and an in
crease of 3 or 4 representatives.
Mr. SECOMBE proposed to add to the
11th Section these words : “And the several
persons so declared elected to the said offices,
shall, as 60on as practicable thereafter, take
and subscribe the requisite oath of office, be
fore any officer authorized to administer
oaths, which said oaths of office shall be filed
in the office of the Secretary of State; and
the said persous shall immediately thereafter
enter upon the duties of their said offices.”—
[The officers provided for in this section, are,
State offices, judges und Members of the
Legislature ]
The amendment was agreed to.
Pending the consideration of the 12th sec
tion, prescribing two Congressional Dis
tricts—
Mr. MORGAN suggested that the new
counties of New Ulm, Buchanan, Crow
Wing and others, not named in the section,
ought to be provided for.
Mr. SMITH proposed to add: “and all
counties which now exist, or may hereafter
be formed north of the Minnesota river and
45th degree of north latitude, not otherwise
provided for.”
Mr. MORGAN proposed to add : “and all
other counties noith of the Minnesota river,
not otherwise provided for.”
Mr. BALCOMBE preferred to wait till
gentlemen could be furnished with the names
of the new counties, from the office of the
Territorial Secretary.
Mr. SMITH'S amendment was rejected ;
and Mr. Morgan withdrew his.
Mr. MORGAN proposed sundry modifica
tions of the arrangement ol the Judicial Dis
tricts ;
Which the Committee rejected.
1“
On motion of Mr. HUDSON—(to make
the order of the Representative Districts
correspond with Mr. North’s amendment di
viding the 10th—) Dacotah county was made
the 10th, and Rice county the 21st District
—each to elect two Senators and three Rep
resentatives.
The Committee then rose, reported the ar
ticle and amendments, and recommended
their adoption.
The Convention refused to concur in Mr.
Robbins’ amendment, striking out the last
elause of section 9, submitted with the view
of making the first election of State officers
on the same day of the ratification of this
Constitution : and pending the consideration
of other amen Intents, in Committee of the
Whole—
The dinner recess was ordered aud taken.
WEDNESDAY AFTERNOON, AUGUST 19, 1557.
The Convention resumed the considera
tion of the amendments ot the schedule re
commended in Committee of the Whole.
Pending the consideration of Mr. Sccombe’s
amendment in Committee of the Whole—
Mr. COLBURN proposed to amend said
amendment, by striking out the words “said
persons shall immediately thereafter enter
upon toe duties of their offices,” and insert
ing “said persons shall enter upon their du
ties immediately upon the adniisssion of
Minnesota as a .State:” which was agreed to
—affirmative 13, negative 12 ;
But then, after debate bv Messrs. NORTH,
Secombe, Colburn, Perkins and King, the
amendment as amended, was rejected—affirm
ative 12. negative 12.
Mr. PECKHAM proposed to amend in
section G, by striking out all after the word
“house,” in the filth line, and inserting the
following : “The first nr.mc<J of the said
Llecti' n Commissioners, or his successor, as
hereafter provided, after reading a list of the
{Senators elected to the members assembled
in the Council Chamber of the Capitol, at the
time above specified, shall call them to order,
and act as presiding officer, until a tempora
ry organization shall be effected; and the
second named of the said State Election
Commissioners, or his successor, after read
ing a li>t of the Representatives elected to
the House of Representatives, shall call them
to order and act. as presiding officer, until a
temporary organization shall be effected by
said House.”
Mr. P. said the object of this was evident
In another section, it was provided, that the
first named Election Commissioner should at
tend and call the Senate and the House of
Representatives to order, on the first Thurs
day in -January, at 12 o’clock noon ; which
was impossible and absurd. Tho object was
to provide another competent person to act
for the House of Representatives.
The amendment was adopted.
Alter further consideration and action up
on the apportionment of representation, and
arrangement of the Judicial and Congression
al districts—
Mr. NORTH proposed, after the word
“ Constitution,” in the 4th line of the 6th
Section, to add: “when the Register of Deeds
in their respective Counties shall neglect or
refuse to act.” fa
Which was agreed to.
The article as thus amended, was then or- j
dcred to be engrossed for a third reading.
On motion by Mr. COLBURN, the Arti
cle on the Executive Department, [Report
No. 2,] was considered on its third reading,
and being read the third time—
Mr. MORGAN moved to strike out the
9th Section, as matter pertaining to the Leg
islative department, and contained m the 23d
Section of the Article on that subject.
The amend Tent was taken by unanimous
consent; and thus the article was passed the
third and last reading.
The Convention then adjourned till to
morrow morning at 9 o’clock.
AFTERNOON SESSION.
SCHEDULE.
THURSDAY, AUGUST 90,155 T.
The journal of yesterday, was read by the
Secretary.
LOCATION OF THE CAPITOL.
Mr. MILLS submitted a iesolution, author
izing the electors of the State, on the same
day of the election for the ratification of this
Constitution, aud under the regulations there
of, to appoint judges and vote their preference
for the point where the Capitol ot the State
of Minnesota shall he permanently located.
Mr. HUDSON expressed his decided op
position to the proposition ; so the resolution
having elicited debate, lies over one day.
On motion by Mr. MANTOR, the Article
on the Militia, embraced in Report No. 12,
was taken up and considered on its third
reading, and being read through, it was pass
ed the third and last reading in this Conven
tion.
On motion by Mr. BUTLER, the article
on Offices other than Executive, [Report No.
12] was considered on its third and last read
ing. read the third time and passed.
STATE SEAL,
On motiou bv Mr. HAYDEN, the amend
ed Article on the State Seal [Report No. 17]
was considered iu Committee of the WhoD—
Mr. Thompson in th? Chair.
Mr. BILLINGS made an ineffectual mo
tion to substitute “ a canoe ” for “ a steam
boat ” in the State Coat ot Anns.
Mr. BILLINGS then moved to insert the
words “and cause,” in the description, which
was agreed to.
The Committee then rose and reported the
amendment; in which the Convention con
curred ;
And thus the article passed the third
reading.
Mr. GALBRAITH, finding himself unable
to give his time to the duties of chairman of
the Committee on Miscellaneous Provisions,
and obtained discharge from serving; and
thereupon,
The PRESIDENT appointed Mr. Cleg
horn to serve in the place of Mr. Galbraith
on the Committee.
Mr. PECK. El AM submitted a resolution
to print 20,000 copies of the Constitution
that shall be adopted by this Convention, iu
pamphlet form, t'»r distribution.
Mr. BILLINGS was not opposed to the
resolution, but desired its modification, so as
to authorize a certain number of copies in the
Norwegian and other languages of the peo
ple ; so the resolution lies over.
Mr. MANTOR reported tiie amended en
grossment of the schedule, and the satne was
ordered to be again printed.
The Convention then took a recess till
half past 2 o’clock, P. M. ’*■*
AFTERNOON SESSION.
On motion by Mr. BILLINGS, the Arti
cle on Public Property, [Report No. 23.] was
taken upon and considered on its third and
last reading, and being read through by the
Secretary, it was passed the third reading.
On motion by Mr. HAYDEN, the Aiticle
on Official Salaries, [Report No. 16] was con
sidered on the final reading, and being read
through by the Secretary, it was passed the
third reading.
MISCELLANEOUS PROVISIONS,
Mr. CLEGIIORN. from the Committee on
' Miscellaneous Provisions, reported an Article
| on this subject of fifteen Sections.
It prescribes that the political year of the
State shall commence on the first Monday in
January. Persons residing on Indian lands
and in unorganized counties, and qualified to
exercise the right of suffrage, shall be enti
tled to vote at any nearest precinct. The
Legislature may declare official vacan
cies, and the manner of filling them, iu the
absence ot any constitutional provision. No
person convicted of infamous crime within
the United States, nor any public defaulter
shall be eligible to office of trurt, honor or
profit in this State. Members of the Legis
lature and all officers, executive and judicial,
i l all take and subscribe the foilowing oath.;
I "1 do solemnly swear (or affirm) that I will
j support the Constitution of the U.S., and the
I Constition of the State of Minnesota ; and
! that I will faithfully discharge the duties of
the office of according to the best of
jmv ability.” No contract of marriage, if
! otherwise duly made, shall bo invalidated for
! want of conformity to the requirements of
I any religious sect. No perpetuities shall be
i allowed, except for oletnosynary purposes.
; Any person shall be disqualified tor holding
j office, upon conviction of liaviug offered a
1 bribe to procure the same. The Great Seal
of the State shall be left by the Governor.
An accurate account of the receipts and ex
penditures of the State shall be published
from time to time. A Bureau of Statistics
may be established in the office of the Sec
retary, of State. If this Constitution shall
be ratified, the State Election Commissioners
shall issue writs of election of all officers, j
and it shall be their duty to give twenty days
not ce of such election, in the manner now |
prescribed by law. No navigable stream
shall be dammed, or bridged, without authori- |
tv from the Board of Supervisors of the pro- j
per county, and uo law on the subject shall !
prejudice the rights of individuals to its free j
navigation, nor preclude the State from anv
improvement of the navigation of such
stream.
Whenever tho office of United States Sen
ator shall become vacant from any cau.-c, it
shall be the duty of the Governor to notify
the Legislature of such vacancy at their first
sos-i.iii thereafter, on the first day thereafter,
the members of the Senate shall assemble in
the Hull of the House of Representatives,
in joint convention, the President of the Sen
ate acting as presiding officer thereof) and
they shall proceed to fill said vacancy, or va
cancies: and the person having a majority of
all the ba lots cast at said election shall be
declared duly elected.
I "o L imersitv Regents shall ho elected
in such Judicial Circuit, at the same time
ol the Judges election, and for the same
term; and the i ersons so elected and their
successors,shall constitute the Board of Re
gents of the Uni.ersity of Minnesota.
The article was read the first and second
time, referred and ordered to be printed un
der the rules.
Mr. IIARDING made an ineffectual mo
tion to suspend the rule and put the article
at once upon its third reading.
’1 lie Convention then adjourned till to-mor
row morning 9 o’clock.
Lorenzo Dow —On one occasion he took
the liberty, while preaching, to denounce a
rich man in the community, recently deceas
ed. The result was an arre«t, a trial for
slander, and an imprisonment in the country
jail. Alter Lorenzo got out of “limbo,” lie
announced that, in spite of his (in his opin
ion) unjust imprisonment, he should preach,
at a given time, a sermon about “another
rich man.” The populace were greatly ex
cited ; and a crowded house greeted his a;>-
poara! ee. With solemnity lie opened the
bible, and read—“ And there was another
rich man who died and went to there
stopped short, and seemed suddenly impress
ed. He continued, “ Brethren, 1 shall not
men* ion the place this rich man went to, for
fear lie has relatives in this congregation,
who will sue me for defamation of charac
ter. . 1 lie effect on the assembled multitude
was irresistable, and lie made the impression
permanent bj’ taking another text, and never
alluding to the subject again.
The Chinese Bi-oar Cane in Texas
The Galveston Chilian remarks that T)r.
Royall, of that paper, during his icccnt tour
in Western Texas, had good opportunities
for observing the result of the experiments
now making in tliP cultivation of the Chi
nese Sugar Cane in that region, and adds:
“ He says, from the recent experiments
made in the sugar region of this State, it is
evident that it will never supercede the ordi
nary, cane for the manufacturing of sugar,
j ” ut > >n the more northern portions of the
; c °nntry, where cane will not grow, sugar
! £ nou oh for domestic use may easily be made
1 e Chinese cane, as it will mature in
! lifts than three months. The stalk is as
swee os that of the ordinary cane, but not
so arge or juicy. It rattons or suckers as
°mi C I stand drought or frost;
f?r d f r’ 7 ,e d n £° f r T t,lc sa ">e season. As
H T 8 ° f Btock > il surpasses in
quantity and quality any grain now in eulti
vat ion, and should hereafter constitute a nor
tion of the crop of every farmer in Texas ”
THE WEEKLY MINNKSOTIAN
SAINT PAUL:
SATURDAY MORNING, AUG. 22, 1857.
OFFICIAL PAPER OF TUE CITY.
HORUP Ac OAKES* BANK.
BANKING HOURS FROM 9 A. M., TO 8 P. M
Senator Douglas—' The Common Connell
of St. Paul.
lion. Stephen A. Douglas, of Illinois, accom
panied by his family, arrived in our city, by
the Prairie du Cliien packet on Friday after
noon, and was conveyed from tho boat to the
residence of lion. 11. M. Rice, whoso guest
he is. In the evening, a number of the poli
tical friends of Mr. Douglas, held a meeting
at the Fuller House, and soon after started in
procession, with music, to welcome their dis
tinguished leader to tho Capital of Minnesota.
This was done after the usual form, by the
interchange of speeches, &c.; and we under
stand those present had a good time of it
generally.
Now, this was all right and proper action
on the part of Mr. Douglas’ political friends,
if they felt like so doing. But the most ex
traordinary transaction, looking to the lion
izing of this violent partizan sojournei among
us, is the action of our Mayor and Common
Council, on Saturday afternoon. The full re
port of the proceedings, and the statement of
Alderman Branch, which we publish else
where, place our readers in ample possession
of ail the facts. Were there no evidence
given by Mr. Branch, or any one else of our
party, that the proposed entertainment to be
given by the tax-payers of the city is to be a
partizau affair, we have plenty of proof to
condemn the leaders of the move out of their
own mouths. First, we will note the insolent
and ungentleman!}* conduct of Mayor Brisbin
while in the chair, on Saturday, towards the
Republican Aldermen; and second, we will
call attention to the following extinct, which
we copy from the Pioneer dj- Democrat, of
yesterday:
We believe it to be the intention «f Judve Douglas to
stpeml several days in the city. We ti st lie will lind it
convenient to meet ids Democratic fellow-citizens of St.
Paul, at tiie public festival for which arrangements are
being made, that they may have an opportunity of hear
ing from him on the great political questions of the day.
Now, let our tax-paying readers under
stand, that they are, by this action of the
Council, called upon to pay all of -Air. Doug
las’ expenses, so long as he chooses to stay
in the Territory, besides giving him a public
festival. This is the intent and 1 uguage of
the last resolution, as will be seen by refer
ence to it. Judge Douglas may stump the
whole Territory in support of lrs detestable
political dogmas, and all at the expense of the
city of St. Paul! We do not suppose that a man
of Judge Douglas’ wealth, who is rich in real
estate at Chicago, besides owning a Southern
plantation well stocked with “niggers ’’ of all
ages, sizes and shades, would be guilty of ac
cepting such an offer, but it is not because
the Democratic majority of our Council re
fuse to make that off* r.
A game of this kind was attempted last
spring at the proposed railroad celebration,
but when the leaders of the Sham Democra
cy came to appeal to the pockets of the citi
zens for the needful, the aforesaid needful
was not forthcoming. They have now de
vised a shorter plan to rob the people, for the
purpose of carrying out their patty ends.
They are going to do it officially.
As we remarked of Mr. Douglas on that
occasion, we have no objections to his corning
here and receiving five hundred ovations, but
do not call on us to help foot the bills. It is
neither honorable nor right; it is absolutely
mean and contemptible, to say nothing about
the piece of official rascality which has been
perpetrated by the majority of the Common
Council in the passage of these resolutions.
Declines.
As all sensible men supposed lie would,
Judge Douglas declines the honors extended
to him by the corporate authorities of St.
Paul. The blind party zeal of Emerson,
McGrorty, Brisbin & Co., forced the Re
publican members of the Council, and Re
publicans outside of the Council—we among
others—into a position which may to some
extent have seemed inhospitable in the opin
ion of uninformed people. But we feel cer
tain that had his political friends who man
aged this matter behaved themselves with
courtesy and decency toward their opponents,
nothing unpleasant would have transpired
The best friends Judge D. has in St. Paul,
can bear witness that he has always received
full credit in our columns for whatever dis
tinguished services lie has rendered the Ter
ritory from time to time. But as to swallow
ing his politics—that’s quite another tiling.
Progress of the Compromise upon one
Constitution.
The Democratic side of the Convention
Tuesday met the Republicans half-way, and
appointed a Committee of five to confer with
a similar Committee previou-dy appointed
by President Balcombe, to arrange upon the
subject of submitting but one Constitution ter
the people. The Committee on the Repub
lican side is composed of Messrs. Galbraith,
McClure, Aldrich, Staknard and Wilson;
on the Democratic side of Messrs. Gorman,
Brown, Sherburne, Holcombe and Kings
bury.
The Joint Committee organized yesterday
afternoon, and proceeded to business. II on.
Moses Sherburne is Chairman, and Hon. L.
K. Stannard, Secretary.
We congratulate the people upon the pro
gress their representatives have thus far
made in this important matter, and can only
a id at this moment, that in our opinion the
measure is almost certain to be consummat
ed.
Progress.
The Joint Committee to arrange upon a
grecing to our Constitution is busily at work,
and making progress in the right direction.—
The knotty question of apportionment has
been settled with the exception of one or two
points, which we presume will eventually be
got through with as nearly unanimous as pos
sible. The members all appear to have faith
in fhe great work they are engaged upon,
which feelings will remove mountains of ob
stacles which at first arose before them.
A little more patience on the part of some
members who are r.ot on the committee is ad
visable. Rome was not built in a day, and
the Constitution of Minnesota, under the
present circumstances, connot be arranged in
an hour.
At the annual meeting of the Royal Ag
ricultural Society of England, recently held
at Salisbury, the new reaper, called “Eagle,”
which combines reaping and mowing, inven
ted by A. 11. Caryl, of Sandusky, Ohio, car
ried off the first prize in that department,
and McCormick’s machine, the second. The
American horse-rake, the American bee-hive
&c., attracted much attention.
r.Wti- At
- ... JV-LBL-HUBL.'"! '—!
Two Constitution* to be Subml.ted on
the lame Day.
There is an idea which at first blush teems
plausible, entertained by some of our oppo
nents, that if the Republicans and Democrats
cannot agree upon one Constitution, they can
at least agree to submit tho two Constitutions
to the people for ratification on the same
day. Mr. Curtiss of Stillwater, a member on
the Democratic side, and a gentleman whom
we regard as a lawyer of more than ordinary
ability, absolutely submitted this proposition
on Tuesday, in the shape of instructions to
the Conference Committee, and it was carried
ip the body in which ho holds a seat.
Without at all objecting to the posi
tion which Mr. Curtiss and his coadjutors
have placed themselves in by their course in
this matter, we would respectfully call upon
them to tell us whether or not they have any
precedent for regarding the organic law of
the State as an instrument which should emi
nate from a political party ? What principle
will be decided by one or the other pieces of
parchment receiving the highest number of
vtftcs? Is not a written Constitution, in
all cases, the fundamental law which must
govern all parties in the State, and therefore
when yon talk of voting on the same day for
a Constitution emenating from a political par
party, do you not endanger the internal
peace of the State by attempting to enforce
that instrument when a somewhat different
one in detail, but not in principle, has received
about an equally favorable endorsement at
the people’s hands ? Suppose that this vot
ing on the same day as to which of the instru
ments of writing—that enrolled by J. J.
Noah, or that enrolled by L. A. Babcock—
should result in a tic, who is to decide which
document will be placed in the archives of
the State as the Constitution ? Suppose the
same state of affairs arises at the close of the
canvass that has arisen in the organization
of the Convention, and both parties claim the
majority—a very natural consequence, if two
Constitutions are submitted—what then fol
lows ? Would not as bad a state of anarchy
ensue as though no attempt had ever been
made to harmonize ? It is unnecessary to
detail the consequences. They rise up in the
mind of every practical man upon one mo
ment’s reflection.
Again : did it ever strike the mind of Mr.
Curtiss and the ether friends of this propo
sition, that it embodies no compromise what
ever between parties ? Did it ever suggest
itself to their reasoning faculties that all the
davs in the year are just as free to the use of
the Republicans for this day of voting as
they are to the Democrats ? If the Repub
licans first get through with their work, and
—as of course they will—appoint a day upon
which their Constitution shall be submitted
to a vote of the people, have not the Demo
crats the right to choose the same day with
out asking leave, and vice versa ? And, real
ly, do our Democratic friends expect to go
into th s Quixotic fight upon two copies of a
Constitution, identically the same in principle,
without subjecting themselves to the ridicule
of our own people at home of all parties, and
the ridicule of the whole civilized world ?
We will imagine that Mr. Curtiss and his
friend and colleague, Capt. Holcombe, if you
ptleasc, are seated at the breakfast table of the
Fuller House, one of these pleasant mornings.
The newsboy comes along with the Pioneer
and Democrat of that date. He throws down
a copy in front of each gentleman ; forthwith
Mr. Curtiss and the Captain commence a
furious quarrel as to which copy each other
shall open and read. Would not this action
subject both gentlemen to the charge of mak
ing themselves extremely ridiculous ?
From the tone of popular opinion daily
reaching us from all parts of the Territory,
we have little doubt that if two Constitutions,
dentical in principle as these two Constitu
stitutions will be, are submitted on the same
day, both will be rejected. If not rejected,
it will be claimed that both arc adopted;
both will go before Congress, and both will
be rejected there. The Southern Fire-Eaters
will join the Northern Democrats to vote
down the Republican Constitution, and will
act with the Republicans in voting down the
Democratic Constitution. This question,
now before a Committee of Conference of
both parties, lias passed out of the line of
politics, and has assumed the shape of a plain,
practical business matter. Our only safety
from anarchy and unforseen distress and ruin
in all of our business interests, is in submit
ting but one Constitution to the people.—
This is what the people demand.
Tlic Fall Election*.
The Pioneer attempts to make much ado
about the Republican Central Committee
calling a Territorial Convention for the nom
natiou of Delegate to Congress, or to make
such other nominations as may be called fur
at the time of the assemblage of that body.
Our committee, let ouropponentsunderstand,
takes this ground: If the factious opposi
tion of the Democrats to a State organiza
tion immediately be such as to prevent the
consummation of that desired end, as a mat
ter of course the people must have a dele
gate elected to Congress; and the Republi
cans intend to nominate a candidate for that
office and use all honorable means to elect
him. But, if, on the other hand, it appears,
when our nominating convention meets, that
matters have taken a shape which will obvi
ate the necessity of electing a Delegate, then
the convention, under the call, will exhaust
its power by making nominations for State
officers.
We hope this is sufficiently plain and ex
plicit to satisfy the “Peeping Toms” of the
Pioneer, who have manifested so great an
anxiety to find out the leading motives of
their Republican neighbors in calling this
Convention.
Ohio.
The Republican State Convention met at
Columbus on the 12th and nominated the fol
lowing State ticket:
For Governor— Salvos P. Chase,
For Lieutenant Governor— Moses B. Walker.
F t Secretary of State—A. P. Russell.
For Treasurer— A. P. Stone.
For Jurttre of Supreme Court— Milton Sutliffe.
For Member Board of Public Works— Jacob Blinnens-
DERFER.
The Republicans go through the form of
electing this ticket on the second Tuesday in
October.
mssworl.
It appears a pretty well settled fact, that
Rollins, (Emancipationist) is elected Gov
ernor of Missouri. The moral effect of this
victory for Free Labor in a border Slave
State can scarcely be appreciated at this mo
ment We await full returns before speak
ing at length upon this grand result.
The Louisville Journal announces the death
of Stephen, the celebrated guide of the Mam
moth Cave. He is pleasantly remembered
by many thousands of persons in this coun
try and in all portions of the civilized world.
The Special Session of the City Connell
on Saturday.
To the Editor* <tf ike Miunetotian : *
I feel that It is my duty, as one of the Al
dermen of the city of St. Paul, to make a cor
rect statement of the proceedings of tho
City Council, on the afternoon of the 15th
inst., together with the proceedings of that
part of the Council, styled Democrats.
About 12 o’clock on that day, I received a
notice that the Mayor of the city had called
a special meeting of the City Council, at two
o’clock, P. M. I, together with Mr. Marvin
and Sciutrmkier proceeded to the City Hall.
On our arrival, w e found several other mem
bers already t here. The Mayor, Mr. Brisbin,
cninc in soon, and I asked him what was the
object of the call. lie stated that at
the request of two or three members of the
Council, he had called the body together for
tho purpose of passing complimentary reso
lutions to Mr. Stephen A. Douglas, and to
extend to him the hospitalities of the city ir
respective of party.
During our conversation, the Democratic
members of the Council repaired to the May
or’s office in the second story of the City
Hall, and adjoining the Council room, to bold
a caucus, and prepare resolutions such as
they wan’ed passed in the Council. I sup
posed, at the time, that they had gone up to
the Council room to commence business;
consequently Marvin,Schurmeier and myself
repaired to the Council room, and found it
vacant. I soon discovered they were in the
room adjoining, and supposed they were hav
ing a conversation as to the form of the reso
lutions proposed to be passed ; and suppos
ing that Mr. Brisbtn’s statement had been
correct, and that all the proceedings were to
be fairly discussed, aud irrespective of party,
and that the demonstration was to be a pub
lic one, given by the city of St. Paul. I en
tered the i oom, as I supposed I had a perfect
right to do, to take part in the deliberations ;
whereupon Mr. Emerson very modestly re
quested me to retire, as my services were not
required, as that caucus was a Democratic
one. They were at that time discussing the
form of a resolution which they had prepared
to pass. I retired, aud in about a half or three
quarters of an hour they entered the Council
room ; Mr. Brisbin took his seat and called
the Council to order. He then arose and
stated the object of the meeting, and very
eloquently portrayed the great services Mr.
Douglas had rendered this and all other Ter
ritories belonging to the United States, and in
winding up insisted that the Council pass
complimentary resolutions to Mr. Douglas,
extending to him the hospitalities of the city
duriug his stay in Minnesota.
I make this statement of facts just as they
occurred, and I do it to show the citizens of
St. Paul that the great demonstration which
has been talked o', and urged upon them lor
the last six months in favor of Mr. Douglas,
as a benefactor of the Territory of Minnesota,
irrespective of party, is a humbug. It has
been their whole aim to gull the Republican
party to the end that they might go in with
them and make a grand demonstration which
they would then term an entirely democratic
move. If that was not the case, why would
they not let the Republican members of the
council have a voice in shaping, in some part,
the form of these resolutions? Why was I re
jected in that caucus? Why were not the Re
publican members consulted? Whose resolu
tions extend the hospitalities of the city of
St. Paul to Mr. Douglas during his stay in
Minnesota? I want the people of St. Paul
to understand the meaning of that resolution
and I think they will in a short time to the
tune of about ten or fifteen thousand dollars.
Let the people of St. Paul look to it. Your
money is being squandered to forward the
ends of a political party. Let the Republi
cans look to it. You are forced to pay a tax
to be used for political purposes agtinst you.
WM. BRANCH.
Mr. Douglas and the City Council
To the Editors of the JUinnesoiian
11l my communication of yesterday, I
merely took time to detail the facts connect
ed with the extraordinary action of the ma
jority of the Council in regard to giving
Judge Douglas a public dinner, &c., at the
city’s expense. I now wish to have it un
derstood, that what I have said upon this
subject has been without any disrespect to
wards Mr. Douglas. There is no man who
would do more, according to his ability”, to
make that gentleman’s stay with us agreea
ble, than I would. I respect him as a man
and am willing to render to him all honor due
for the services rendered this Territory, and
1 do r.ot believe he would accept of the hos
pitalities of the city as set forth in the resolu
tions, gotten up in a caucus composed only
of four or live of the petty politicians of the
city of St. Paul.
But I believe that he might have accepted
of an entertainment to him tendered by the
citizens of St. Paul irrespective of party,
without any action of the Council or of the
low trickery which was practiced on Satur
dav, to procure the passage of those resolu
tions. The intention of the majority was to
deceive the people, and make it appear that
it was a move made irrespective of party;
but Mr. Emerson admitted to me after the
passage of the resolutions, that it was a party
move, and that he was sorry for it, but he
would bear the responsibility.
This territory is about to become a State,
and it is necessarj' for the Democratic party
to make a grand demonstration so as to insure
it to come in as a Democratic State. Mr.
Douglas is here upon a political tour, to aid
them if possible ; and I suppose the expense
of it appeared a litle tooheavj’for the party to
bear, so they took this method to relieve them
selves of that burthen ; consequently those
resolutions were passed to defray the expen
ses of Mr. Douglas during the entire canvass
this fall, out of the city treasury. The reso
lutions do not read during his sojourn in the
city, but it is “during his stay iu the Territo
ry.” Mr. Douglas can now canvass the en
tire Territorj*, and make a stump speech in
every county and town, and the city of St.
Paul called upon to bear his expenses.
I recollect when Kossuth was making his
tour through the United States he arrived at
the city of Cincinnati, and the council of that
city met and passed resolutions similar to
those passed by our own council, ard bills to
the amount of over thirty thousand dollars
were made out by different persons for artic
les furnished him and collected off of the city.
Let our people look to this matter, and hold
their faithless Aldermen to a rigid accounta
bility. WM. BRANCH.
A correspondence has been opened by the
Patent Office with the court of directors of
the United Company of Merchants of Eng
land, trading to the East Indies, with the
view of esblishing an interchange of docu
ments and seeds.
A Word to Bro. Peanun, in Reply to
Hli Lonc*'HicmaroMN of Yceterd»y,
In r*K*rd to a Matter at Temporal
Interest to tills People, which does
not concern his Holy Calling (In his
view of Politics) as a minister of the
Gospel.
You write after the manner of one of the
primitive Judges of Minnesota, who in one
of his decisions said : “Judicially, this Court
knows nothing.” If this question of Com
promise upon one Constitution be kept open
until all or any portion of the editorial brains
of the Pioneer return home and meet us in
discussing the preliminary points, we may
have something to say upon the subject
Correction.
St. Paul, August 15th, 1857.
To the Editor* of the Minneeotian.
In the reports of the proceedings of the
Convention, published in your paper of this
morning, on Mr. Davis’ Resolution on the
Boundary question, I am reported as having
said, that I would vote again for this propo
sition, without special regard to any expres
sion of the people of Goodhue County. The
remarks which I made were, that, personally,
I was in favor of the North and South Boun
dary line, and, so far as my information ex
tended, the people of Goodhue County, were
in favor of the same. That I voted for the
Resolution not because my constituents of
Goodhue County or myself were in favor of
an East and West line—but that we> as a
Convention, having unconditionally accepted
the North and South Boundary line, and on
ly considering, the proposition contained in
the Resolution simply as a memorial to Con
gress, I was iu favor of the right of petition
and would therefore vote for the resolution.
Respectfully,
CHARLES McCLURE.
A clergyman in St. Louis, having a few
thousand dollars to spare, not ’ong since pur
chased a lot of land near that city. In a
few months a vein of coal was found on the
land, and a railroad was built directly thro’
it (the land.) the rise from the two sources
making the fortunale divine a half-millionaire.
Wonder if some folks wouldn’t call this “pro
vidential ?’’
Well, what of it ? We know some divines
who have come to Minnesota, who have been
as equally lucky. From singing with truth
the hymn—
“ No foot of land do I possess,
No cottage in the wilderness,”
they are owners of hundreds of “ broad acres.”
A “call” to the West sometimes makes the
fortunes of Divines as well as the ungodly.—
But we confess to believing that it is some
thing more than “providential.” Very often,
many talented ministers are lost by these
turns of fortune.
From the lVluncbago Agency.
Cha’s. R. Mix, Esq., direct from the Win
nebago Agency, informs us that there is no
truth in the report that a war party of the
Winnebagos bad joined the Sioux to com
mence war upon the whites. The rumor
grew out of the fact ihat a Winnebago was
lost; and his friends supposing he had either
been captured or killed by the Sioux, started
in pursuit of him to the Sioux Agency. He
came “ into camp ” while the party was ab
sent, and all was made right between the two
tribes.
It is such trifling matters as this that give
food to the quid nunc newspaper scribblers
of the countrj 7 , and alarm and drive ofF set
tlers.
The First Honors. —The Philadelphia
Inquirer says that the State of Ohio counts
among hpr honors, that she opened the first
female college ; introduced, or rather creat
ed the culture of the grape in America; dis
covered the true method of taking, magneti
cally, the ascension and declension of the
stars; invented the steam fire engine, and
gave birth to a noble serres of painters, po
ets, sculptors and men of genius.
Death ok the “ Maid of Saragossa.”—
The Madrid journals, of the 28th ult., an
nounce the death, at Cucta, of Augustina
Zaragoza, who, when very young, distinguish
ed herself greatly in the memorable siege of
Saragossa, by assisting the artillerymen in
the very thickest of the fight in firing on the
French. For her services on this occasion
she was made a sub-lieutenant of infantry in
the Spanish army, and received several deco
rations. She was buried at Cueta with all
the honors due to her memory.
I. O. O. F.—The corner stone of the Odd
Fellows Budding at Oskaloosa, lowa, was
laid on the 29th ult., by M. W. G. M. Wes
ley Moorland. The Order had a magnifi
cent time, and the ceremonies concluded with
“other festivites ’’ in the evening, at Union
Hall, under the auspices of Mahaska Lodge.
The contemplated building will cost $20,000
The Order of Odd Fellows (Colored)
in Philadelphia. —This fraternity design
having a grand procession on Thursday, the
3d of September, on the occasion of laying
the corner-stone of a new Hall in that city.
Extensive arrangements are being made to
make the display one of the most brilliant
character. The line is to be formed on Arch
street and Broad street, and the procession
will proceed to the Hall, where the ceremo
nies will take place.
Crops oil the Wabash.
The Wabash valley will this year yield the
richest harvest ever grown upon its bosom.—
Its inexhaustible soil has given the most
bountiful evidence of its fertility. The editor
of the Terre Haute Express has been in the
country, and returns astonished at the grate
ful sights every where presented to his view,
He says :
“Every where the farm yards are filled with
large stacks, and the barns literally groan un
der the support of the heavy loads stored
away in their mows. The grass crop is splen
did, and the weather is propitious for gather
ing it in. But the corn—-who ever saw such
corn ? Fort Harrison Prairie, unrivaled in
the production of this staple, never bore upon
her swelling bosom so flattering a prospect.
Wc heard one farmer say he would gather
from seventy-five to eight}’ bushels per acre.
The stalks look almost like young trees. The
ground is forever shaded by the large flag
ging leaves, and the whole fields present a
living mass of luxuriant green.’’
Cliurcli Palled Down and Burned by a
Mob.
The Washington Union of Saturday has
the following item :
It is reported that on Saturday night last,
Mount Charmel Church, in Alexandria Coun
ty, Va., about three miles from Georgetown,
was pulled down by a mob. The ruins of
the budding Lave since been fired and entire
ly consumed. It will be recollected that it
was at this church that the late unfortunate
affair occurred, in which James Burch was
shot by young Austin, the latter being a
Sunday School teacher at the Church. It
has not yet transpired whether or not this
outrage has any connection with the one al
luded to above.
RIWI ITKHS.
The public are no longer discussing the
question, who killed Dr. Burdell t Nor is
the guilt or innocence of Mrs. Cunningham
any longer a debatable point The all-ab
sorbing topic now, is whether Dr. Uhl and
the District Attorney acted properly in as
sisting Mrs. Cunningham in consummating
her foul crime merely for the sake of expos
ing the wretched woman to public execra
tion, and revealing all the filthy details of her
revolting schemes to defraud the heirs of the
murdered man. The whole plot resting on
the decision of the Surrogate, as to her mar
riage to Dr. Burdell, may yet find Mrs. Cun
ningham free from punishment. That decis
ion has yet to be rendered.
The Texan gives an account of a hellish
outrage on the Cibolo. Two negroes, hav
ing ascertained that the male members of a
German family were absent, entered the
house in the dead of night, seized the mother
and her little son and bound them fast; they
then made for the room of the daughter, an
accomplished and lovely girl of eighteen,
who, hearing the tumult, escaped from the
window, and ran to the house of a neighbor.
The negroes finding her gone rushed oul in
pursuit, overtook and ravished her. They
were afterwards caught, and having confessed
the awful crime, were hung upon the 6pot.—
The young lady is in a condition approaching
The young lady is in a wretched condition—
approaching insanity. The Ledger, publish
ed two days later, says she has become in
sane.
The Tax Levy of New York city for 1857
foots up $8,166,560. being an increase over
last year by a million of dollars. The levy
for 1354, the year before Mayor Wood came
into office, was $4,741,255. During his first
year it went up a million ; the next year a
million and a quarter more, and this year an
other million. The rate of taxation in 1854
was $1.05; in 1857 it is $1,53.
The Commissioner of Patents has received
a letter, dated Evansville, Ind., in which the
writer states that the crops of Southern In
diana and Southern Illinois are beyond all
precedent. The “oldest inhabitant” says
that nothing has been known like it. They
are now harvesting, and the rust has done no
damage. Corn is late. The crops of wheat,
rye, grass and potatoes will exceed, from
present appearances, all former products.
The great monument which it is proposed
to erect at Plymouth, Mass., in commemora
tion of the Puritan fathers, will be one of
the most magnificent specimens of sculptu
ral art in this country. It is to consist of a
colossal figure of Faith pointing to the 6kies
and holding a bible under the left arm. The
figure will be of granite, seventy feet high
and supported by a pedestal eighty feet high,
making in all a noble and unsurpassed monu
mental structure of 150 feet *
The gross revenue of the Post-office De
partment for the quarter ending March 31,
was $1,890,000 18—net revenue $1,026,696
1)3. The Post Master General will soon es
tablish in New York and Boston the London
and Paris system of branch post-offices.—
Should the plan be satisfactory after a year’s
trial, it will be applied to all the large cities
of the Union. The Department thinks the
overland route to California will be in opera
tion within twelve months.
The crops iu Ohio are estimated this sea
son as follows: Oats, twenty millions of
bushels; Rye, one million; Barley, five hun
dred thousand; potatoes, six million five hun
dred thousand—-making an aggregate of twen
ty-eight million bushels, and being an aver
age of 40 per cent, increase on the crop of
1850. The hay crop, it is estimated, is three
times that of 1850.
The Augusta Geo., Dispatch says that
“new superfine flour is selling at Sparta,
Hancock county, at $5 per barrel, and the
market is dull at that.” “There’s a good
time coming.”
The Louisville (Ky.) Courier states that
a contract has been made to deliver 1,000
barrels of flour in that city next March for
$4 50 per barrel.
There arc 150.000 Swiss in this country
most of whom inhabit the States of the
Norhwest. In Tennessee there are 2,000,
the largest part of whom live in Morgan
county, in tiiat State.
An English paper gives an account of a tea
party of sixty old women, who were the
mothers of eight hundred and sixty-nine chil
dren! They must have had something to
talk about at that tea party, we should think.
Maj. Fitz John Porter has been withdrawn
frem his position at the West Point Military
Academy, on the charge of ill-conduct.
General Ilenningsen has left the city of
New York, and proceeded South. It is gen
erally believed that he is on his way to join
General Walker, preparatory to his next at
tempt upon Nicaragua. It is supposed that
this movement will be consummated during
the ensuing fall.
Eight slavers were captured off the coast
of Africa during the month of June. There
were two captured off the coast of Cuba.
The Postmaster General has decided that
postage stamps are not redeemable by Post
masters. If persons receive them as remit
tances, they must rely on the sale of them for
re-imbursement.
Gen. Concha, of Cuba, has issued another
proclamation against the slave trade, about
as honest probably as the proclamation of
President against filibustering. It is decreed
that persons conniving at any intended land
ing of slaves shall bo banished from the Is
land.
It is estimated, says the Washington cor
respondent of the Philadelphia Press, that
the new Dome for the Capitol will weigh
7,500 tons, and that its erection will take ten
years. The ne w House of Congress will be
ready for occupancy by a year trom next De
cember, and not in the coming season, as it
was at first expected.
A murderess named Charlotte Jones is
nowin Prison in Pittsburgh, Pa., awaiting
public execution. A few days ago her sister
expressed a wish that Charlotte would send
her some money to purchase a new dfess,
that she might go to see her hung.
The Lebanon (Ohio) Star records the
death of four men, from drinking whisky with
strychnine in it. It also says that tens of
thousands of fish in the stream below the
distillery have died. Two tons of dead fish
have been taken out, a mill race being liter
ally choked with them.
The Portage City (Wis.) Badger State
speaking of the bridge now being built across
the Wisconsin River, at that city, says it
will be six hundred and fifty feet long, with a
draw of one hundred and thirty feet. Over
20,000 feet of lumber will be used in the
framework of it It will be finished in from
forty to sixty days.
' v; •v-’
*» the Ci
Mrs. Cunningham
Th# Daughters—
her Innocence—The Baby—
—The Surrogate’s Decision—
Hr. Eckel, Ac.
MRS. C. ASSERTS HER INNOCENCE.
7t will be seen that Mrs. Cunningham de
clined, by the advice of her counsel, to per
mit a physical examination by the two phy
sicians detailed by the magistrate for the
purpose. At the former examination held
yesterday in her bed room, she affirmed her
perfect innocence of the offence charged up
on her, saying that time would show she was
right, but declined answering further ques
tions. Her commitment to prison will ptob
ably be signed to-day. Of curse the offence
is bsulable, and it is within the bounds of
possibility that she may obtain bail It will
perhaps not exceed $5,000. If it he fixed at
an unduly high figure, an application can bo
made to the Supreme Court to reduce the
amount. And if she be unsuccessful in pro
curing bail, the probability is that the ques
tion of her responsibility on the depositions
taken will be tested by a preliminary writ of
certiorari.
WHAT WOULD HAVE BECOME OF THE BABY ?
It is supposed that if she had been only
permitted to eojoy the imaginary success of
her plot for twelve hours, the baby would not
have been particularly long-lived ; she would
have exhibited it to a sufficient number of
witnesses, and then have quietly disposed of
it. As heir to the baby, all the property
would then have recurred to her. As it was
the poor little thing had a pretty narrow es
cape of its life, notwithstanding the complete
ness of the arrangements ; for, when it was
being taken from her, she squeezed it to her
breast so affectionately that if two officers
had not seized her arms, the Burdell heir
would have been killed with kindness. In
that event, a nice question would have arisen
whether the District Attorney and tLe other
complotters had not been accessories to the
child’s death, and were not exposed to an in
dictment for infanticide. As it is, however
Miss Elizabeth Anne Anderson (for that is'
the child’s name) is safe and snug in the ma
ternal bosom.
THE DAUGHTERS.
Helen is bearing np bravely under the af
fliction. She is most attentive to her mother,
scarcely ever leaving her, and acting with the’
most filial affection. SLe says that if her
mother were the vilest of the vile, she is still
her daughter ; she loves her, and will not
forsake her, and any offer of that kind can on
ly be taken as an insult ; but she does not
believe her mother guilty. She thinks her
rather the victim of a conspiracy, as she is
given to understand that Catliu wus engaged
in something similar some four years ago, and
alleges that during the examination made of
her person on the inquest, that Ur. Uhl, who
assisted in it, did not conduct it in the most
delicate manner.
Georgipna, the youngest, is a beautiful
girl, not yet fourteen, but lias the appearance
of a full grown woman, except her features,
which are extremely girlish. SLe is com
pletely bewildered; goC3 about mechanically,
and seems scarcely to know what is going on
around her. She is very nervous and ap
peals frightened at everything. Thus matters
stand at present. In a few days Mrs. Cun
ningham will be removed to her old apart
ments, and then 31 Bond street will cease
to be an object of curiosity.
Miss Augusta Cunningham seems com
pletely prostrated by this new disgrace that
h .s come upon her name—she is the personi
fication of grief and wretchedness. The
slightest allusion to the murder, the marriage
or the birth, she cannot endure. Either of
the topics renews her woe. Her sister Hel
en stated on her examination the other day
that Augusta had been ill for some weeks
before she left home ; she mentioned typhus
fever as the cause of her illness. Her ner
vous system seems overthrown, and she is
really an object of commi-eration. She left
Bond street on Monday afternoon, before the
sham confinement, and declares ihat she will
never return. Filial affection may have in
duced her to cling to her mother, and sup
port her, even to her soul’s jeopardy ; but
that was when the rest of the world was ar
rayed against her mother. Who can blame
her for that ? But against this new contem
plated fraud she seems to have determinedly
planted herself, and when her mother per
sisted in her wicked resolve, she abandoned
her, very properly, to her fate. Augusta
rem ins with her aunt, a respectable mar
ried lady, in LexiDgton avenue, but even
there her wretched destiny pursues her, for
her presence in a family brings upon it the
very unpleasant regards of the public.
DR. UHL AND THE DISTRICT ATTORNEY.
There seems to be about as much interest
manifested in the discussion as to whether
the course of Mr. Hall and Dr. Uhl is more
deserving of commendation than it 13 of rep
robation as there is in the incidents of the
simulated birth. Opinions seems to be pret
ty equally divided, not as to their justifica
tion in point of law and morals, (for there the
majority is decidedly against them.) but as
to whether they can claim the benefit of the
Jesuitical doctrine that “the end sanctifies
the means.” While the whole community is
rejoiced at the exposure of this woman’s in
famous fraud, half of it is inclined to think
that the triumph over a would-be criminal is
too dearly bought at the expense of profess
ional reputation. It is understood that the
Academy of Medicine will take bp the mat
ter at their next meeting in September, when
the doctor will defend his course as well as
he can.
MR. ECKEL.
Mr. Eckel, about whom so much interest
gathered during the opening scenes of the
Bordell tragedy, is nowin the city, pursuing
his ordinary business, and seemingly taking
little interest in the last developments in this
extraordinary case. But his friends feel as
sured that every suspicion of his complicity
in the murder is cleared away bv the
recent disclosures. The glaring fraud of the
desperate woman with whose names and
crimes he had been associated, has turned
speculation into a new channel, in search of
accessories to the foul deed, Is it at all im
probable that before the present investi nation
is concluded, speculation be changed into
certainty on that hand ?
THE surrogate’s DECISION ON MRS. Ct’NNING-
IIAM’S MARRIAGE.
An impression seems to exist that the de
cision of the Surrogate on the question of
grantingadministration to Mrs. Cunningham
upon the estate of Dr. Burdell may be effect
ed by the recent explosion of her plot to
produce a false heir. It is natural enough
that such an idea should entertained bv
those who are unacquainted with the rules
which govern judicial proceedings, and with
the intelligent, consistent and faithful adher
ence to those rules which characterize Mr.
Bradford. But the truth is that all that farce
of plot and counterplot which has followed
upon the Bond street tragedy is, so far as tho
action of the Surrogate is concerned, as if it
bad never happened. No circumstance of it
is before him. It is not in the testimony in
the case on which he has to decide, nis
judgment must bo based on the evidence
which has been submitted to him through the
forms of judicial proof. The only way in
which he would be entitled to consider any
new fact coming to light since the case was
closed, would be by its regular introduction
after an application should be made by the
party interested, and granted by himself, to
o|»cn the case for that purpose. This has not
been done. Indeed, Mr. Tilden, counsel for
the BurdeU heirs, was so certain the Surro
gate’s decision would be in their favor, that
although he knew early in July, that this at
tempt to get up an heir to the Burdell estate -
would be made by Mrs. Cunningham, yet he
refused to apply to the Surrogate to get him
to open the case to admit proof of the fact
of said attempt by Mrs. Cunningham. He
was willing, he said, to let the case rest en
tirely upon the evidence produced before the
Surrogate on the trial.
Mrs, Cunr.lujjhain.
New York, Aug. 12.
The returnaof the writ certiorari was made
this morning to Judge Daley of the Supreme
Court, who after hearing the arguments of
the District Attorney and Mr. Stafford, coun
sel for Mrs. Cunningham, discharged the writ
and refused to admit her to bail.