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CONGRESS. The Senate Still Debating the Southern Question. Speech by Frank Blair on Radical Rule at the South. DfbaJf In the House Over the Ku Klui BUS. PEN ATE. WasniNt.TON, Aprils, 1871. i.HjHrnoiiBV on is k ,nun coast. Mr. Fui.ikttBCYPEM, (rep. oi N. J., presented a memo rla' ?r nnm?roua shipowners and mercliantj asking the eiec Hon of a U^'uthouac on Uia J ersey coast, ai Berwick Bay. lUSroSAJ. 01 T!l t PUBLIC 1 ANNS. ?r. Sivwabt, rep ) of Nev., offered a resolution direct in;; the Secretary of the Interior to Infons the Senate under what law* Individual* and corporal ni are allowed to hold larfe bodies or public lan ill and closing them to settlement. 1>*HATS O.N MB. hBCKMAJi'tt KXSOLDTIOM BSSCMKT>. The teeulutton of instruction of Mr. Sherman was taken np, on whion Mr. Blaib, idem . of Mo., was eutltled to tlie Hour. Mr. Bi. ? in quoted from the ile>'*le ? In C inpen, when the fourtutmtli amendment wa? under coi'^idciation. lo show the eoioiirwtion placed upon it be. Its nuthors and support ers, aid held ib.it it was plainly laid dowu at tlie time that the only power bf legislation ? !i!eh Oougrers bad uui'er It mas to preveut any violation of It. provisions under color oi fclate in w. 1 Uu measure which it wnf now proposed to I a.* assumption of the j wrof Congress to , uulsh Violation or state law. Ill's nner.rous power, which is now 1 to t c *f uned oy Congress, i o - .r, an I doubtless will, be , <-xerr.*ed ui soaie fir.u c cay by some other party upun wealthy oomn unities In tlie North. The desi_n now I o! tins legislation was to carry out Hie design oi that t remorseless eel of scoundrels, be carpet-baggers and their hi. tu.. ann abetters, ami lo continue ' cncral urant perpetu ally in power. Tho r*puba:ans dl.l not seem altogether united on this subject. They had bad a great oral of jaucus lii- m the matter, and alilioug !? ? majority had agreed, the n uiority wore not mc'incd to follow them until the munch' te ol the freeident wa? rent In ; and then tlie new crusade I against the South was resolved upon. If he , Mr. Blair) am only actuated by partisan motives he ml^bt be glad to 8r? those reconstruction usurpations continued in the vain hope of controlling tee political power of the South for political purposes. It waa very easy, of couro. for the men whom the South had repudiated to manufacture stories of outrages to further their etforts to get buck into power. The system ?f government under which rue South is ruled Is tbe dUgrace of mirage. Thla oarpet : i?j sc stem U pt_r.ee. 1/ Infamous, by a tilt h strangers, adventurers, men of no character are rulinc over tho v-.-opio whose aueealore made these Mates i what they are it is to the Interest of the peouie of those Hates to repress diioidera, because they own the property and pay the taxes; but It is the luterest of these carpet-bag ?;eni u< manu 'act it re and magnify them, beeense It lsth.it npon which thi/y fatten. The prosi ec;s of the rad.e&l party wero so a'armlm.' that something mu.u be done. Tlie people were clamoring for revenue reform ; for a rednotion of the taxes, by which millions were wrung from them for the plunderers. Ihev were seurchmg rcry closely Into the cor ruptions end venality or the radical party. The rank and i.le were i"ulliug away Trom It. and something uosperate must be resorted to lo save it. Toe radical gong was soun ted of outrage and murder, crime and disorder, excelling in falseFTood and malignity those wliieb had preceded them. 1 here wrre no allegations agams! Virginia of Ku Klux dis tirders, altheu:;h that State had been able to free herself of those ob?coue I'lnls of prey, the ear.'Cl-bug^era. Why was the cruside muds a -alrst Nerth ;'aro!!n&'J Simply because abe had su. ceedeU In tlirowlug off the rule of the ci?rj>et-bag L-ers aii.t bad returned to the prlnpt;i'.? of free government. Theso .lories ot outrage* 'n !\oul: Carolina which had been te'ated belore the committeo with do. ed doors, w.th uo op portunity lor refutation, were tbe utterances of iiier. who would no' he t> lieveil by auv one. Out o" tho mouth of (ior emor llolden himsel! *?ro tbeje laie hoois expoi-ud In his message lo the lies'?la*.ure lion rnor lioldi n stiid exrresslv t' at no uisorders exisied in North famliaa. Allu4ing to these recobstruction acts, Mr. Blair anid that wi em ver the Hupresne Court had any opportun.ty to r.iss upon any ?|iies tion connected wan them ii ba'l invariably pronounced lue n i uneo!.?i:tutioiin; and C ingrets i^aowlng thty w< re un;onsn latlonal, paised an aet to pre. "cut t'.c Su.'temo Court from >>ap ing rlrenly upon u. reconstruetlon measuris. Ue sulci the ciouiocrutic p^utv, wuile U i-eliutre I the>r acts to be uucon ?iitutio ??', did not, as had bee-\ chsrjed, intend tu overthrow them by foroe. The only measures to w hich the democratic p irty w .c Id resort wore constitutional measures. Mr. 6<tr.iT, (rep.; o: Pa., here Intertwaei an1 ciuotecl from the "HrodUead letter" of kir. Blair, that the rresldcnt elect should dl.?,?erse the enrprt-bag government by I orce. Mr. Hi sai.t he wn: not the democratic piny and the nruio<*rali.: paity was .iot ?ir. liiai1-, and he repeate t Hist the li^morr.Atle jt::iiv had uev. r thri atee.u . to upe violent meaus to overthrow the unconstitutional seta ot '"onpr s?. He ' Mr. lllfcir i had oellerad and did believe that t'10 President, hav ing Uke-.i an oath to support thf.t cenrtltnti.in, klmuld stand ! t.i thai o.un. whether n.?a:nc:t Oorgre?s or against Individ* i ua's, for he bi liaveci that Conjees* vlolatinu tiie c >naiitcii|on \ vth.1- no more than a moh. lie bad said t'au tse army hliouid Ve made to undo Its worn ot usurpation, *n) he said sj ; jiow. But n:; Torca would be recessukry, to.- ii the aruiy ti'ii i w ihdniWn the lnfau.oii? e?rpet-l'?c >;ove;,,!Beot w .ufd fall ot themselves. Mi. h.air then rcierrcl to an address al leged to l.iivs i eeu i..su ?d dui In.; the l'r f i.lentUl canv -.ss oi 1? to the crimes ot North Carolina, advising the:i\ to bnrn ilie !>ar .d of in? pnopie who uisehargei them on account ot politics, end which, on tlie autboitty of r>. B. Ooodloe, he said, hau be. a written by United Ste'tes Senator i'o^i and Juo^e Head. Sir. l'cmi,, trep.^ of N. C., lr.i?*T iptel lo s-^y that th? al dn ss hu.e n . s'le i ronstruetijii, aud no tciit...< m_in coold I in sni-.i a construction ujion it. Mr Bi.air , l^isumin'., sail It w-.? so retried at the ti-ne an i the te-tiuionv of n negro before the c ? "iniiuee showed that the negroes dhU rr-nfc-se l that lis "v nee lnstljate ! tj bare-b'irning l>v ? overnur Ho Jen anlibfn par o codv. iien i nnvicted. It had beeu Indisjutubir proved tliti Ifet o-!{in of die loyal leagues la the S iutb was f j the ,>urp'>?e of coat jieinng tLe negroes to voir the radical Uriel, t: .j i no r-iut, supf r^ i'ie is negro es- t!.c Senator floia Ohio iMr. S: er maal e . led itien? we-o initiated Into the unl,ic iee.n. - w tii Mue Iijjh s and red li-.hts snd every ot jer kind or Usui', and all .lier ai^iiutenanccs calculate ' lo bewilder their eliople mm in, and tkea sw <ra to fie enppor: of tb ? radical pariy. A,r. UuiirtLen rcviewe i at len';Ui the condition of icflalrs In >*rvtl> a:>d H >tith Caro'ina, eliejln" that corn.ptioo, i i a'id an 1 v ' ..ny :? i^neUftipr i?.c;tlie peu; le viere j ,i:r; lered nt tj-r <bitance by an a rim' e,f c-.r; 't-^a^s.;? ; that the d*t>t ot the State had b-en euormouf'y mrrt-ated, Ao. 'lit* Senator troia Indiana (Jlr. M( r*>n bad the other cay favored i the Senu'e w.ti extracts !rom democra le. papers of Ken- i tm Ky. lie Mr. Blair) proposed now lo give scut extracts ? irom r lieaj paperii ol teoiitn ( sroliua. 5tr. it. 'air t quoted from various rcp'ibiican papers of South t',.rollna t sev.*r. ? commentla " u^ont'ae venaUty of tbe Legialature. I He also "noted from toe re.nar s. r! Cover nor 8wt, that i nD*oi c c n.e 'te:i cnr>.?* u . I'-'mg Doutb Carolina w^n the I li.irde 'f uuacrupuieBi adventuiors t'roui the North co.Hnj j down Uiere ior the purposes of plunder. Mr. Blair further i leal an aeeotintof tl.s..' o 'o;tbe South Paroilna I*ps- I latere. Of that whole body but thirtesn w.:*e white an t the I remaiu'er a 1 blacks, but nlcsteen coal l teal aad write j gra um itl ally. 1 Mr. BHr.h man, (rep.) of O'uo. a<Jmitt?i tVat th? Le^lilv | tnre of Rou'h i srolina bad behaved ehame'ully, but he I wou'.d ssx tho R.-nator what remedy did he propose for ft ? t)| 1 be favc r tuilvcrsal amnesty / because ? lie did he iehcr ?nsn i would r to ob'y n;,ree. t>i t I. e pr< t' se tc take the suf frage from the negroes? because ir he d.d that wouM he u 1 subject for debate ; nut If the i-'-nator piopoiod no remedy | ii? had reri itn'y no right 'o brliii; thc.e m itwrs In here. Mr. Hlais said bo had a r'jjht to dolt. Ue had a right to arraign tills body for striking ilown the very vital nrincl I 'a ?t free government lor dcsttoylug local self-govern ment. .Mr. Hu rrr. frep.) of S. C. corroborated the statement nf Sti?rinaii thiit every one vote.! in South Carolina, an I Mr. lawyer aAid tkfre were not over t? eatv-flre hundred in tbe Mate debarred irom holding oll.ee by the fouiteeuth aiiiena ineni. Mr. Bur t'lought tbe Senator was very much mistaken. lie nehoe 1 there were a great maov more. Mr. S a WYTk eald the position Of the democratic party In South ( ari'ilt.* v a? micii that co consiue sble number would recent tic ju^'ei o' office. They were ln1uen?ed by tlie ?tuiude o>f tr demneratie party lu the North and tbe Broa Lr.k,t i t;, r or lve Jei ;?i >r t-. re use o2lce lor a ecaliiacnt. .Mr BlaIu- For a principle. Mr ~ \ jv vr* -A r e ntl meat .Mr. Iis.'t'. A prine , le. it ws? a principle; ant he wss glad ths! ?.lie d nv.rr >11- i ? rty ? ' .sre.i to prncwle in eplte v. tl-e io >ti ? and fsUea. lie n^. gt.nl that the u'-morratio i>tv re'astd tu share the rluiider nilh the earpet-baggrrs. Sir. I leu continocd In review of the cull ? I jii of other Southern States, tbe deM c t which, he sah', hat been so ? n rii: "isly l 'i crossed n: ier ritHW rale. He i.r.lj timtho kn v c ? rnoi tt'armotii, of Jj?r.ui?ns. we.l; t,.st he v?>-iit ni Misx ;irl ragged and nakec?, i,nd with <>nt uio.n to | j.? L ? bifkfast; uow be 1 vtd lit a e.e and i?as r > I Ing In we.l;h. at.d be ? Mr. 'law was l:cf< rrnc.1 t.'V. be i ever e ?nel a i : will. J'lt Ice. In rrgM'd tl> thee se of Vomer, which ba-t b<-"*i ..roi'^bt liitn thl* ''Uousii ,tt by tue S-nalor tri.ni hi. : i '-.I'-..!., , be hinlr rdrod to ailade to the asp?ei of i a ?? as ye; oak .??? e i u n a. lie tb"n icad ft 'in the rtuto went ol one of tbe co ins tf to prove thai the crass bed bem knj* i n; ni th ? supr, m ? Coii't oectose oi the fear that the reeon> dton h iifi'l- r auth'i.ity or which Verger was c tun it, a- 1 1! hT d": area unco: stlt^iiopai. 'jhe radios'" l^ad r c - confessed tbut IV sc arts wc rc rnconstltu ti .n . a *et w'ljoiit tin m she* wMid be in a mlLority in bioih U s of Coi(.tis? to '!.i> a -id a minority of a i.|. iiOrily. i be :eei, a ? eu ..e m l.y vlrtc.e of l'.ie?c rectnislriic li n arts had In ? .ens ;;HTn the vote* wh'-b deposed tbe ?nan ? ' '?ui t tp I - la . iJ ^attVt '.Ue tttualer fr m Massa chu -lis Mr. Kr oner). t\l. "it C'-iMRiid'tig 'r. r,'?tr fsve way and tbe Senate at foriv ointit ?? pa l lo ii u'c1 >rk went IBIO t^ecuiivo K>sioti and taea ad.o ri.ed. HO^E or BEPSE >ENTATTV?3. ** A?BI1l(}TOK, April 8. 1SI. | iir* at? oa tk? At k i,rx biu. Th? llo if Qjr'. at e.er?n o'clock this morning. Mr. K'?'??*vr.LT, ; Oeai.) of N. Y. , alluded ?o Hie f Neurit fatiJa'.lon it tt' ne^r. el fur tbelr derotloo to tbe UnluD, ku 1 ? >M the !'%n ffa? th? t dtrloj the rfue'lton tbey lo-irrcUy ' ilid ?!i i*. ?jr could to break xtf i' e L'o'oji by teedlDt' the ar n'e* i>;.| 'ted to tbe ^<>v?r.. inert, and tn ibe erection of de feiitlfa work* and In othe way* they %M'*ted lhO*e In bo? li ilj to tbe VbIoo. Aft'-r the w.ir four million of Hit** ? a?<!? were enfr?nc' '?e<l, th* direc'lon of at!*';* In tlie South w?* ptteti tv the inratnp<-t?tj| men mnunu them, who weiC n I <mlf t>"t accuju.rne'i ?u yovcrriiu<-i.l Mflulr*, b'lt mm )e W l**? i tn 01 v ci^.e .vet., 'i t? opportunity ol tur retuWljiui ticket wai cuwldrr>d(o le & linmi, A i?Uo*jgb tb?* ,e(noeiac y tbotigU I tie 0"tiferrln>' of .:.* i r*nl??a w.ii iiltlOi'J, jet iflfr tbe ionailiiitl?i.al amend; tit wa? r .ti eu <lld notoppu.e't. He tbcu uir.it tbeifioru of tue reo illlcai.* to re- k?r* order In r.i ? '!i i ? ibe Turiout rt?K t?tra. lion act*. '"It i?n* no luint ni r * 'niitriic'.icn, rv90Mtru?.tk<0, reeoMtrnutiun, re . ?*i i ? it. wblch li'tM IBf.lt appeared. bad nut yet b?*n ..ill 1 i.i ill wnl l>A d'.ui'j lal III liil i].)irlr| ?!/j ol ! dm ?c??p; 'he ilumt ?? at "Stf -mined b/ lb? war; l>*jt they ,mtn ? t'iBi r , rr?w? nta at ti;? national ea, !tal kt.all can, ? i ?'!?? r jcIi >.ut? *h?<ll be ti.ontil, ?nder tfce r*>BMftuii?n ?? it !? i-, n rk out i ? de*t'iy in ila own war. lis oj po**U l' .? lit a' ?irw u-n ;tli . ?a>lnj that It would break down all air anil i/iitjp, cr?.ali a n?-w c.??* of offeno**, tweep away a ii'. .r<f Of itw naijBli, ibf bab*a* corps* and try tip ?.li iren by<!rr.nitirail court-mania), Instead of he due ?ai of law i, Ji..: riiay l e i.uM III III* bosun may ? e doiit h iii, own 5lule, aod aJ tula attic ill?ci?ilo& of t.'.? l'rn) Bill _ k' m tier mlii.iiMto iwtlre o'clock oei'M, Ci la being a coalln uuil 'i ' tu? rrr ??? from baturiUy) tlia iiout* adjouin?ii iin'i twi-ire o'clooU .M. Ii' tlny. I c Si ?b'*u eane l lb* iioiiM |o ordr,r at noon. After jMB.rar by tha f'bap aln a*., th* readlnt of the J(. uroai of -an i .'.i?, tlia Hume ie?' me ' lb ? <? .nalJeni'loo o| t e bill (o fii'nr*-* ibe prortaloti* of in* i'lfWentb ?mehdalfcftl in the r.i i?t?'.tion oi tlie Umveu Kutn* aM fot otb?r inupoaaa. Mr. hnirw, ( r*; of Ma**., Mi J iLa deliate bad be?n pro fir??fii^ Tor iitariy a wi-ek, and bit objeot In riwnc wa? to m ll.e rc illciuai. baring cbar^a uf the bill irb*tb?r b?conM . .i ...? a tin i* wbOM tbe .il?. ?*?!?. n ?h"u!d do**, ao tliM ibi' it mta* (Hill I proceed to lha iMat)* of the Mil. * i i B. iFop.i o( Va., **>.: tbai* wen thtrt? r*j tibll , nan r'' m tlie ?nulfj*iD biatea, aod lb"* f*r nn>r .r,*u ii had been heal d It ra#6P of t)i? b.l , (.e-j ir a i?'i tfr<>m w:**re lit* aulr*a*? bat'* V**i ooiatiutno i ?xpMencod so <MfBotiity n obtaining ike door. To cnt the Southern members ofl' might peril the bill. Mr. Daw rtt saH he dwltei to cut oB nobody from anyapo-, U rn. lie km surprised ?t the remark of the jpntlenMM from Virginia, tbat If the Souther > member* eh.iuld not hare an (tppurlunlly to apeak the bill would be Imperilled. Ill* on'y object srea to come to *n underatandln* a-i to tbe tlmo for terminals* the i eneral dobato. lie hat an much interest In the hill aa any hour, yet for the purposo of facl.llatiug b indues* tie hau refrained from *ddresfclng the House. Mr. Pobtks raptle i that it w'a* nut hi* purine under any con lln ,*noy to oppoao the MU, but when j:rent wront* *:>u lujitfilee had been t.<rp?lralod la the Hou' hern couiitrr.lt ?u but p.oper that geutk-men from ibat section should be ktanl. . .. . Ai'ter a long cnnver?niton Ihe rc*ult wai an agreement that the general debate ah'ill continue to-day and to marrow, with ermine *aasi 'tis, and thai tr.e House will inert to-morrow at eh ven o'clock, an t thai on Wedne day mor dug the Honso wl'.l conquer tbe bill un ler the ten minutes rule, and that amendment* be decided i.a lu couimitteo of the wbule. Mr. Kuanrb, irep.l of Ind., laid that the piojilo bad deter mined by the rcsait of the late war wuat lb ill ri'hts wei?, an i had decled fiat tbe natlor ai government was mperlor tu tbe S'.ale jruvernmont*. He might vote for the amendment ; but hi did not want to see taken out of the till' tbe means of protecting the citr/ms of the South In their rlKhli of liberty an 1 property. Tbe national government never encroached on an vol tbe Stales, while Inutitnces wert iiuumrotu that St?tea had encroached on lue national Roverument. It was bee. use ol the .utter tbat the vote wiu iinderial.cn to enforce obedience to the n .tlonal law tor the preservation of the Unlun. The coniruvcrsy here wa? In the revival of the old Siat?f rights doctrine? those who formerly sustained It old | so lo sustain slavery, and now tney applied it la opposition to the ebun ^es ot circtin stances reauftliic trom the emancipation of slavers. The design o. the opponents of thi* hi, I was to ret control of the Southern Stalei for political purposes, aud bonce their attack* on tbe PreeMmt ami hi* mend*. Mr. K.lMSKl.LA, idem.) ol N. v., opposed tbe lull, which he said u was attempt e l tu support by the (lories of Ku Klux out: are*, contorleu, distorted and manufactured for the oo caslon. He arytic J that It waa unnecossai y and unwarranted, and tbe elicit o lis passage would be to overt'. row lue liber ties or the i e >ple. ir.o people or tbe South were nut satishod with their governmr.rt. because men oi' uur race are not ?at- { Istied when ihey are plundered, and lie Invited attention to i tbe government which hnl been pla< rd over the South without the consent aud n-ulnst the proie-d of tha governed. I and 10 th* character or tbe men who had thus b-ca forcea In | contro. of the Southern States. II, a* .dieted, the coalition | of the South was Rrotvwg worse utider the policy which had becu adopted It should he a'y m lo.ied, an I the p oule of the B.uiiti leil io manage their own atlalrs, an J brli.j thu State* tu a condition cf peace sml prosperity. Mr. Van Tbumi1, (uetu.) of Ohio, oppose! the Mil. It was tntoade I to subordinate a gio^i 'njrliuu o, tho Am ;rioan people lo the c.sciction of a mere military chieftain, the measure having been proposed ut tbe insane of ibe I'resl dent himself. No cvl tens# had been ad.ttiJud t> *'iow lint any juslllicatlon e\l*led for tbe upp.-' ssior. of the ma ? o* of law abiding citizens. Was thero to be no end of i.eisrcu.ion t Were the Southern people to be bu: tr J down f Was revenr# and uol mercy to be d-ali out to them for all lime to como t Was It charitable as Christian*, alii wise as ?latosuien to keep alive tbe spirit of the lain war, which w.n brought about by baa men and ba 1 counsel oil both sides? Le: iliere be ami es, y aud coiicllmtion. l.et j;pntlemen act like tlioitghli'ul btate-oien and not rs cruel psrtUans. A more coirprsbeu-lve scheme to establish a one raan power Lad never fcocn introduceJ In any country. He artuel ?en'uit the bill, ami eipocially mat portion proposing to ?hh peud the privl et * ot ih<i writ oi habiM oorpus at the plea ?ure ul the President. Mr. Hcci;i.r^ , (rep.) of Al?., laid tbe assertion wa* false that tills bill was lo be parsed tviih a vl iv lo contlnuo the [>er,,eluatlun of the republican partv. t?n the contrary, it was lor the purpose of simply protecting not only repuull caus but democrats, even womeu and children througbont the Boulhcru Siatee. Tbe cause of the disorders In the lioulU was tbe spirit of the rebellion, not armed as heretofore, but strong in political lbQucnce, de.'yl :g the national authority, setting at naugbt the laws of the coun try, and d.i*pls!ng the civil rights conferred on the newly er"ranchlsed citizens. He remarked that the tende.icy or aUalre In the South is anarchy, an I In this con nection read from democratic papers or Alabaila lo show tue extent of lawlessness not only In tbat State, but other portions of the South. Th-re were hundreds of tbousan Is of peaceable cltizets of Alabama who would welcome any mea sure that would tend to brine peace and order out of lawless noss and relieve thorn from the terrible apprehension of In jury lo person and properly. Mr. Roukutb, (rep. i of N. Y., referred to the evidence of outlaws In most of tbe States lately in rebellion, aud of organized conspiracy, political lu ehara t?r sn I military tu form. Ttifiv occur only where violence promise* to render the district democratic. In cases where eit.ier party is ?trongly dominant the* do not prevail. Republicans oulv are the victims. Ta? constitutional power exists la tbe naiiou to protect Its cltlznns, or if, as Jetl'erson Davis has ju.t pro claimed at Selma that State, sovereignty Is to trlumnh, tbe Empire Stale uemand* protection for her cilizaus mnureated In Alabama and Virginia, anl claim* the aid of (be national government for that purpose. Tbe carpet bag has been ma .e the pretext of slaugoter. It mutt be the svmbol of the eipn'sion of the new barbarism. Our d.infcer is not trom centralization. The Ku Klux mystery threatens anarchy. The charges are not of Executive usur pation, but of tyranny by Cor-r -ss; of despotism by the ptviple ictlng under the constitution. Yet Congress had re stored every Slats to fu!1 rcj,rese;ilafon. Tbe oppo nents of the propoied bill revive tbe old heresy tbat violence nr.der a Southern sun is chit-airy. Tbe same argument# now employel prove Congress guilty for saving the Union aud restorlu.t the States. The alterna tive to tko proposed legislation I* honeicss anarchy limited un!v by *h"er exhiugi'on or tho er^r-ls^ of dnuVtlul rower* by "tbe l're*li!ent. Complcto pacfllcatlcn will lent', c tha h arty co-operation of tiio Soittli< rn people. I^vis'ali^n cr.n provide tbe conditions ; admlnlgtratloti can icmove ob- I ?t* >s. The Seuato <.,. iurci.,..ei has let ll^ht upon tbe Ku i Klux rnvsltrv. The joint comrolf.ee tviu continue 1 tbe work; but It will be on y the lua liljht I cf thn national pivter wblo'j wili be rea<iy to crr.sh out ciutlntied violence. "TU? prop ned lev.- wlil be preventive, c locR'.loni'.i, remedial. lt^ euect m I'miied tu ther present e>?l<;eucy. Let i be democrat* ' cave lovlccs to ' lire lb:- Southern heart." I.el the, Sotl'.hein ; eoplo, for Iheir own 1 ea se and tbo honor of tbe Union, be',) tran. pie out law'.i ?*ncM tad '.be lepubliran party will coorecnite an moral Influence* u'td all the powt r of thu five, nn.-nt to 1 1 deet tbe v,t . k and to perpatuate the equal rights or every citUcn by r -curc llicrtv uudtr law. Mr. ItKKMi, idern.) of Te' , chnracteru.ed tbe lull as fo mentlng tntaahldl, even to tl e overturning of our r' rered co'j*tUutl"U and tJie suhversiun or tbe li^nt* of tba States. The republican leaJcra, Instead of sn lcnuiiy inf > the oon ditlon ol the ,-uutli, us ?t t'.r?t vio. osou. had concluded lo rust a ! relc in ?. in the national cotmclla. In t'.e way of a >ie n.aud from Uie Pri-silcut. II the bill lie p"1""' thj r ;wer . i\ . , _ be_ w'tjvijit 1 ',M. ti-? lis Tfdcral arm wtlenoM In ui ; Soetherii States would, li p i>ib1o, excite Ike ptopls of tbat section to resistance, and might lead n ai.otber v. ar and the I sending of Northern Rrmieaagnlnat the Pi> ith. lie oaid tu e I had letn nut* In Ma*sn ch,ine"?, Pen.isy vani.t and olh.T So-thern Plates aud r,:cr.:-t riot* In tho aoal le^h.us of the ' lalter state. They hat bv nu means been centred t? the Sonlh. In tlicso dltlurbancei, lnclutrlnn tbe pre^ut I resistance to tue laws In Utah, tlr-: e had Icon n.? call in Coa.p:e?j lo lut'.rtere under tbo 1 presenile! a-ilhirlty of the provision* of tlio 1 constitution to tnforci* reptio?ie*n gorenimen! or to pe !ert J the live* and properly of cauetis of lbs I nlte i Stjtoi. ! lit'i biil. 11 pi'4s?d into law, would oecouie *9 hateful as tbe alien ami *rdiilon law and would oover ft* author* snlsup 1 porter* wiiL odluui, a..d hs 1 1 oHiuial pi slti in, ihey would i e atslaMil to tho tomb of the Capulot*. in quutlr.iT from tb* Ku Klux portion of Senator Sumner's late spr.vii on Pt. XJcmlm ? A!r. Biggs. I y mtetake, < ....ed blm tbe late Senator. Sum* ;entlrm.i" ntW tvbat he meant by lafc !'aiiator. Mr. Biuos lei .let! ?e had made a muinkc. but perhapa the republicans cotisiuer Mr. Sumner d?a > anu ivleud lo bury him poim.-ailj. Mr. Daw *3 informed the gentleman that the Senator *..:1 lived. Mr. IIOA*, (rep.1* o? Mn'*., wished to s*v. witbo.it nar tlcular q.iestui, t si the cup-e hurled the under ukei. i l?:i inbtcr.1 Mr. lt'.ooe (re*nmln?'p said tbat Mr. Bumner called the Pre ?I dent thu head of the Ku Klux. Mr. Uau f.9 wiebod 15 Kmw T,hetiier thai was the r-a ion why Mr. Bigg* would not help to put down the Ku Kl'tX. Mr. Pibos re;'?ed- so. The democratic party st ore not ot.lv anxiou* t > put down the Ku Klux. but any other I'ara tlcUm. Ihey were a paity of l?w and order, and he was hi ranch opposud to Ku Klux a* any member ol the radical party. The House, at half-put Ave o'clock, took a rcccss until half-past seven. ' Evening fesxloa. Messrs. Pukf. (dera.. of Vo.. and Winchsbtp*. (dem.) or Ky . made mt "e net agalok*. Ibe hill. Mr. M.-Krr, rep.) of Miss., addressed the Ilouse In de fence of Ibe Southern rniuiiiieaiis and In support ol tbe bill. Mr. BXATTT, (rep.) or Ohio, sal I the republlcsns simply propused to enable "he Presi Jeut to disebargc tbe duly im posed upon him by the constllutiou? nothing less, nothing mure. Mr. MrWUNBY, (dem.) of Ky., anrucd Ibut the bill was I to he ti uised In rec?les* disregard of tbe constitution and ! the right* of Uie State*. THE METHODIST BOOR COXCK&tl. I'lTratlguilon Mucked? Official Itfr.son Why. From a JranceJ sheets of tbe UtrMtoN A ho-,,1', Methods oftic'.s or,. an, w are enabled to present the following seml oOlciat report 01 tbe sub-committee of the book committee's n.-tion. or ratlin non-action, here last week. Tbe report l? r-r Ilshcu as a reply to tbe garbledai.d unfair account* wlikb h*v? appeared Id a city nuraiog paper:? It l? not t nil' tbat "tbe Inrestleatlon of the frnudj In the establishment" was referred to the sub-commlll?e. On the r utrsrr, tbe b.iok r 'ramtttee oPictally dacldad, after a long and ita ro ;^h Investigation, that th?re were mo fr.. wis, its ai I, Vi b? InTestl.aied; an'I prf*cHely wliil that iroiurnlltee Tr' tir'i to the eon conr-ituee w?* "all ?inrstlons ot business ?ri .ngetuenie and methods Its (lie H j ik < 'oncern," with power to call to their aid such accountants as tli'y wl;ht deem nec'Stry. As to the asserted s^ectlnu of '-three ? couMaiitt from ibe application before then'.** th' facts are that at the former mi sting ol ilie sub-committee they and BUhoj) Sp'tt selected and unDlmcusly approved a gentle man of ibu St-rte nr ethf accountant, blah-ip Scolt tlieo a, 'proved of lb- seiectlou In writing. Mr. 1 aucher a'so ap proi ed ot the fcela.-flon In writing; b it.) idf Reyaolds dis epprovnd, and lha a b e- ?nml'tte s'ljotirusd i cc?u-e of hie B<n-eoneurreoce. At tbo adJoorneJ meeting las', week the so. committee unanimously selected from t?.c nanus nefuie tlicm anuilier genii man troui a vveetern State us chief ac c?i .Hunt, Hlshop Scott was read; to rt,. prove iitua. and so >vh? Mr. Fancbrr. Two of tbe comui'tseo rote l to n<>mlnete two others an aeeiVint accountant*. Ju ige Ke.vuoHls would not apprnT" or the ecutlen.an seiecle ! at chief, in, less the two proceed ersslsiants (one a reel i?nt ot Baltimore, the o'.bur late.y employe i it: tbe sasne department ' war'- also se eclrd and approved with such chief acnounisiit He ma-le this an inOespf t.shbie condition. For ibese two as m?i?isnt accountants, o'..'y two of the sn'vcomrn.tice Lad vote 1. I ho Condition Imposed by Jndge Revr.obls (to vote for the wlr 's ibrc lu a body) was verv j roper'y declined by Mr. Kancber. After *r. Ker.cner baa atatel bH r?a??na for notaeie.iinH to tin c 'it lltion proposal by .t'Jdy* Keynolde tbe sub -co it tujtlee, with bishop fault, aesltt Mat on the neit Jay. Ta<*y Itien liKaiu unaulot "talv niaaa < holes ul tbe gru'.lei'ian frntt tue Wast, aire 'y Ins*. e?!e t?d aseMef accountant. Wh?n tbii sotliil) was had It Wa| tela^rapltsd by Itlstiap Html to .'udgr Keen' '?.'a ea t to Mr. f anch'tr. With tbe qaeatton, '?Po you app ora or dlsappMTO of s-'cb s?le. ;lon 1" JtMt^a Ktj uo..i? disarr o<ed un.eu tlie two other u onir.< at should be added. Sii. Kancber approved iba safsctiaa of ss! 1 \Ve?1eru genlirr.ian as chief acc0aml4.it, sn l icutto toe Blsliop an 1 su coiomittta his spproral Ir writln';. Hutbe causo or the iMnspj p >?l ?f Judge Ker'iu)<!a the *nb cominlt t"' asiilii adjourne l, tola tloie ? rntlr. Bl?l ip Hrott baring ruled tba' no appointment of an r.ocouniatii could te tuadc unless approve lhy 1 otb luWyers it wlb lima t'<* seen that In two s- sr*'. s?>flll n? of chief a'ooiilitaiits tbe sob-coiumitirte w *M iiiiHnlir.nut. Holb of tbo'e iaet tbo approyal ur tbe Httbop and of Mr I anciier. hot ibe i-o'iiisel for l>r. Lanc.'ian dec'ina'l to approso In lao'i Ir t.itinc e, and both a IjouriimMila of the tub ">uiiB'tu? v. ? re o'-casionad by s-cii rertitai* of ti'e conntal of Dr. LaflRhan. As to the a>.?erte<l icudine:* of Iba "man bltu l:i tbe Oiuich aoJ in oBclai siitUon" who hi piaae "gr*?? charges" to prece<d to prova them, It is we!! oudtraiood wuatbls assumed pnof ftiao'.)nfi to. He tvi'l ni<t pennlt It to see tne light t.u fst he can se.eol twy otfl of tinea of the tismin"is. rrclendad i<rei;X rstiin I* not always a sure arlMrton of res^e-t atlu peril. rnia'ica. 11 be Is pr-pared to atibrajt to k l?!r i.. enlist ion. why .loei be 11 it al!?iw hlse&unae! uj ngree to one of tba t^o s-^'orel se ettlor s f ? t hlef sccu'inlsot ii'ian! in'iusir raads hs tbe aub-comn ut',c and apt 1 ureJ br li'Sliop r'-'itt f Ju^^e ram bar, wlshw g lo f*ct:ils'? the proceed og( of tbe c liniutee. Dot only approred Ivjth of the aon<lnatinna of a cjlaf acco"olaiil, h it also proposa l to th:> Blthup and lo meoi'iera of th? aubeuDiniHiee tbst either of tba two grctteiMo, ttaaiiliaonsly approred by the sub com mittoe 1 e app'/bted as chief accountant, aril tbat Joined with bim should lie one accojritanl cuoieo br thj agent of tbe Hock (.QPieio and another cho'.cii by the asilstant Agent. Af two aitrvipts to appoint accountants hara beon frustrated by tbe refuse's of ibe coun sel <rf Ui'. I.ai.a .an lo eoncitr In judlcirma and uniiuiinoiK sels. "ois; It <s quite carton that the lioolc Com mittee Itself, or .is standing auli-comir.ii'ue, who hare power to ?et Irrenp-ctlre of Iba counse', wi.! stiee.llly proceed to tUa appoint men tot enftHt-ie accoitritiiiis, and that such proper i'lreattgaii' n of B mk t'oucera Htatters will be ma te by skill. I ul aad te ka am eu.ar's as ?i . :.?? ssiiefactorr lo UM ?MNK THE BROADWAY WIDENING. Deision by Justice Cardeao Ap pointing a New Commission. Constitutionality of tho Legislative Aot Anthoris in^ the Widoning of Upper Broadway? Fraud! Under Uio Old CommiMion, and Ejw and By Whom Perpetrated Now Commissioners Appointed. The subject of the widening or Droadway above Thlrty-fourtU sreet Is such an old one and Uo details so laminar to tiio public, from their l reinvent repetition in the Heram), that It Is needless to give an extended recariitulatioa or thorn. Arter the awards and as sessments made by the commissioners appointed under the act of the Legislature authorizing the widening were made public the whole thing Ravorcd so strongly of a "Job" that efforts wcro at ouco made to set thctn aside. Through the urgent protests or leading property owuers affected by those awards and as laments, and their alleging gross frauds lu making tliem, the last Legislature was induced to set aside the oid commission and its awards aud assessments. Ibis las; act, it will alio be roineui beied, authorized the ar>potniment ot a new com mission by u Judge of the Supreme Court ou appli cation of tho Corporation Counsel, fetich application was made to Judjre Cardozo. Meantime the liene flciarlea under the proclaimed schedule of awards and assessments? that is, those alleged to be in tlio Jobblug "ring"? were strongly and vcbemcutly urgent that tho awards and assessments Should be undisturbed. The sub ject was discussed at length before Judize Cardozo oa last Tuesday, and both sides ably sup ported by able counsel. The .ludcc listened patient ly to their arguments, and yesterday rendered his decision. This decision Is elaborated Into a very elab orate opinion; but in view of the wide Interest felt in tho subject and the able and extensive character of the opinion itself is worth giving entire. It will be seen that while the Judae supports the constitu tionality of the act ho Indicates tho frauds uerpe tiateJ under it, aud winds up with appointing A. T. Stewart, William H. Astor and James S. iiennes-ey? tiie last named gentleman being the Junior member o( the former commission? as uew Commissioners. The following is ttio OPINION OF JTOCJE CABDOZO: , The constitutionality of the act 'chapter 67 of tho Laws of 1871 i under which the motion in this matter has been made. S"Sur s to me 10 plain, b th upnn principle anil precedent, tu;ii I sliould not o.dluailiy deem it proper to devote much time or labor to tho c >ntidcralion or the objection which li tirrfed that It exceeda the constitutional power of the Legli lature. Hut the magnitude of tr ;e Interest* Involved und the ' leal aud rehcmcnce with which the law waa attacked by | some ol the leadlm? counsel a noag the unusual number who appeared ami participated lu tho proceeding, seem to de mand iliat ai Irastrcli-rcnce should be made to same of the tuanjr authorities an J to a lew of the principles which. In uiy judgment, vindicate the action of the Legislature beyond all question. It Is beat that we should lint consider and understand In what position the I matter stood when the statute was passed. Under : a law passed In 1%8!? fobap. 890 or the Laws of 1W9) | proceedings had been taken tor the widening and e'raigluen fn? of llroadway, and nad progressed to such an extent that j on the 2Mu dny of December, i87i), an order had beeu made I by this Court, at Spccinl Term, continuing the report of the | Commissioners ot Lstliuate and Assessment, who had , tberelotore been appointed, the only opposition to It i being from those who claimed tliat the awards in their favor weio too low. The objections no* raised | to the lean It? of the Commissioners' proceedings were lint tbeu en led to the attention oi the Court by anv one. I I hat was a special rroccedlrg within the in- an'ln.- of the C. de of I'roceijre. (King vs. ibe Mayor. 83 U. V., l.'u.) In I 1Bj4 (L.t'.vs ofl-M, chnp. t70j an act waa passed nrovliliue ' thai an appeal mi::l<l Lts taken to the (Jeneral Term of the Su | rr< me C ourt irom any judgment, order or liual deienuina Con made at any Special Term In any special proceeding, it baa been decided by the Court of Appeals that that statute applies to proceedings under the ad of IfcU In regard to streets, una ih.-tt au appe.-l lies fi-:m the oricr of the Special U rm conUnalng the i?, ort. (King vs. Tin Mayor, suma.) ' f lat appeal ton d lie taken at any time wlliiin tliiriy duvs a.ter written ?;ol!cc oi the Judgment or order had been given to the party appealing. (Coie, sec. bSJ.l There la nothing before me tu ahnw. nud I must presume, lh?refore, ti.at such i is not n.t' fact, that lha time to appeal had cxolrcif when the act or ?oil was pu-ctud. hi jted, it was not alleged upon the I ?'- m-.ont l.y tiny one tl.at the light of any party to the vrocetding to lako *n appeal had expired by llouta ? lion of nine, or, Indeed, l.ad even b^an set In motion bv 1 acifice oi notice ol thr entry of thu order. | irany o.ia in'.'.tcsi: I ded.ed that tha tline within wliicH the city cou I am oil s iouM be sot running, It was lucim , hcut i|v.n him to servo notice of ti.o entry of the order: for e^ **n h* It be ass ur.ed that the Counsel to tl?e Corporation acted ,n the procee.mg on lt? l-elist- sii'), und'.'r the phr.-.se t olcrv Oi the letloh of the code which 1 nave eled. written t.oli e to him would be necessary though t:ie oe*;?i Was en lured on 1:1s tootl .n. (. li ? t . ; n vs. Pinu. 4 Abb. P. H. 50J.) In Km.; vs. Tut Mayor (supra) Chief Judge Daniels said:?' "IV e liavc no doubt t'-at the ord-r made In this mailer was appeal, aide to the Ctneral Term of the S:premo Court, and l .at the order or Judgment which the itntute dtclures to I* 'linal and conclusive' Is that which tho Supreme Court liually makes In the matter." ' H will be p-iroeirei, tlier'Tore, that the order Was not final when the act of J871 was passeJ. It might be nmde so liy t ie a-.! <n of tl.e (.euTiil Term or by t.u eiriratiou ?l the time to appeal. H it n-ilher of those events hid hau i And tup ccLStttutloaal quoliun, ii" quest r.n it can ! I>? eal.ed at t^'s d?>, pre o.its ltj?if I' 'is:? Can the Le-ds'a , tl,re C'>n3>.ltmi.jDsilr pnsea law altering the time for talcing an appeal, or providing a new ro.no'iy sec 4) ana m.i.e H.em ar, lcs'..c to existing millers.' lor it is too plain to I w.nte elihe.- tli m or worda In discussion l,.at Ihut U all that the statute en Jer examination ha* dono; that is, in ot,.er * rds, Itisle, Ulation as to a remedy. Kroto the host of cast s and Illustrations suppoitlng the familiar doctrine that remedies are entirely within tue control of tho Le 'Islature, . and tbut Its action respi.ctmi; tliem Is not unconstitiitinnai, i e.. her as immUiIng the ouliLr.tlon of aconlriicter disturbing ?csled rUbts, I will dteafrew. It would bo tedious to cim i incrate tbe l.itWnc-a In wrhlch retuedies bavo beon varied. B v. n or .akeu away by tbe Lejlslalnre. Prominent suit ng t Hieui. hvwe.-er, may be mentioned the aet ai olis.un" in" piisonuicnt for debt; the act prohibiting corporations from pleading nsiirr; th- act aboIUhln; distress ior rent; i lite statute, sTJiionlup ilu>e tu redeem under n indicia! sale I ?tatntes conliimlng acis of public ofl,i.ers, but lor which suits I might have maintained; all of which, and a great manv ? more, have been hold to affect simply the remedy and to be ?>ot nn onstltiulonal. (Van Kennels er ts. Snvder, 13 N. V i 1^4 VtSf T'" 11 Nriy ?' !C1; Va?. Reussetacr vs. llali, I .V" T- 5^' "J 1 B*me r"- "*"? *"'? 68 i StocklDg vs. Hont IiM,v0, ?1V ""Uar u P*1""". 1 11 Id, ; Morse rt. Oool.t I J N. V., J81: h??ss vs. Mucer, 15 Harn., 3H; Sublan rs. m'v iS^h "?ji?"iiie vj. Westover, U K. Y., Is; Uaunfuan vs. C,t |n, 20 K. V., Litchfield Vi | *i?5?'V Zt narb.. iMj Botterworth ?s. O'Kiiou, 2.1 N. 7, , ji7a). In Morse rs. <loold (Supra) the que.tlonwas whether | tbe Leglslatuie oou!4 enact a law which would prevent an | execution being let led upon property which at the time tbe Judgment was i eoowred would have been Hauls lo seizure, i i!i AP'"**'* he)'1 l.hat u could; that the stniute did 1 _c?.n,r*c or affect auy vested rlgbl, ?? eJ* modified the remedy. In Crawrord vs I Ihe Wank or Mobile ,7 )l?w. C. fl B.ip CU ReJ)! i ai^'d i^TL?, "*? wHel1" * rrll'"Si>ectlve lew. which en aoied banking cor|Wvations to sue in their o,vn names on I ii .tea payable to iheir cashiers, Impal e d tbe obligation of a fi }%' '! J 1 e c,,urt, t'irou<h iir. Jusliee ileLean, held j Jecllonablel WM "u1' rcmcJui- therefore, uuob I In 16 Harb , 8. O. B. 1?J iSyrsense Bank vs. DavlsV Jn?tlee Oililey, referring to some ol the cases mentioned in nils i U/iLa10 u" ! e *nd msny that might be i n >??'. !? < acts are valM which give remedies whtre none existed before, through delects taat wonl 1 have been | fatal-bad the Lee elalure r. t Interfered and given a pc.iect remeoy by curing in'er venlng trregulai itles. In all the cases i le ihat no rights ai-e interfered ?^, e th t i ,n "''cb ;t ,en,e " lo c"?? within t ?e ' r?.? \ ^ int^rfceaco o' the Legislature." In nl? ^ ifh ?in i n T ' i1' 11 Wa' ilelJ th*' * ?'*> v. "?! ^ BVAlr of proceeding In a suit prnfiltig when It wm pasn*il, ?nvc a sneedier P k' Tto T^^lv !? r I^wbory <1 U?w . t .1 !. '? 11 w*" 1 ,at ? provision extending the lime, for taking sn spp-al was constitutional. It a;t>ijts the I remedr only. That ca*e was alllrnied on appeal by the Court ? hlVPM uTii .Y,,5'4I I'levailing opii^on nela -given I J/ J??l CS Welles, in whu!, all tue .'ud^es c incurred, e*-ept Mr. Justice Uardlner, w .o dissejied. Jnd^e Jcwctt es pressed Some views, which were p ire.lv obiter. In which Ins assu I I'd not Ja.n ; hut evan In his opinion the right of the l i l,la.. Ko 'i? lo ?" long as they do not Impair i ! ? i ?, * contract or disturb vested ilgnts in p;o ! i,. i!,ct''.im,*ert,d 'P; In iee I, no case oan be i U L.ia. i, lu t'011, In "Jr.ivcr vs. Coon d N. 1 wssheld, J udge llronson giving the opinion, that ? ? .? Ml right ?>f appeal la an existing suit was i SiwviJi /.A T<rT r*ent similar caee will be found in ' y.?PMJ(tn re CourJandt l'almor. Alter an arin??| i from tha Supreme Conn to the Court of Appeals , fiom an oi ler a Turning an order setUng ' i,,], thr*i"ri,r',,,-,r,meSU ^ '"C*1 '"'lUOVenie.ltS ij I , fj I'T. of >ew I ork, pursuant to chanter Kt? of Ihe Laws of !"?*, the CoJt fe- llon II) was amended I .b.L#Ct ''?"fj? *' '*? '?y whloli I; was provioed that hfrVffir'' *w 0 Co 'rt of Appeals shall be had or heard I b*ieal.e( from an* order or Judgment in anv pro<-cedina ! "*- ??- '? 0t '*??? U?";n "Ot'on the Court of Appeals I . i? rfT!?I ";in* that tue amendment wm "ap i III lea le to pending s; p?als and was not ttneonstltiittoniS?' I In theieoascs, Instead of alleriog or gli Ing a new or difler flit re need v, th- LeglsKture loot one awsy, thus depriving ! ,J# I'*rtT afpsa Ins (lie right lo renew th.< order. Hot It I was w tbin the an'.ta irliy or Ihe Legislature, beosuse the frne^y settled that there is no vested right to a I n!i1tk,j ' ri- TI?ni) <8 ***., W'P , ?rJt.,t i l mrter Mid Tnere IS no such thing as a I . K ? r^r-.to.i.'ar remedy. Tho Legialaiure may el ' ?2>vT ? 7?: u,e':!. w'nf'o? error 'on ^ouii^or ijfe :S , ^i^'y.v.s'e^ ?S0n^5ss t Ji Igirests. It relates Sol<d* lo rsnjedles. ?nd.?ii r - ! ?? l"f 'r remedial." I an, felleved Irom the nerVsi'. lf ?*/?' *.e wing tue auihorHlea to slow that r?tr6<Aect%i fa#s ? , elv casts are not unerp-tifitl mal tjv reason ol the Iirr.h1uV,2 , ag?ln?t the eoaetini of e. pdst fa. to l-1w,. )ecaniePu.; ^ ^ sr. s>i sgreed, es Is very We.l scltied til.t JJm * ^h,,?iL ,n' epphea 4i.lv I" criminal matters. Ses (^alder vs. K?|, J Si" , las l . 8. Kep. Mo.) In lle|iburu and othars rs Uurti ?ii ! ,W? ?fp- ?^? I'tesll on arose thus trial of the act. on the delendunt ?K itdf'l that (he edit ecqid not be maintained, be ff hC rs.v. lb" on the record, a member of the piatutlffe copsrtnershlp was also a defends nt omtis * tt'r,"'"r1 of ">? defendants eopariuershlo. J J!** S'lStalneo. A vcrdici was found for the I I iff 0 ; plalotllfs' look out writ of error. After iiS5?r,2S??,.nR 'he Legislature, by statute of April 14, l*j?, enacted, that n^aoklon now pending ou a writ or error or i Otfa, . the, Or hereafter to be brought by partners or several perums against partners or sevsral persons, shall abate, or ' r ?overai persons to sustain snch action be detested by ressbu ol one or more indivldua's being or having been mrmvrs of hoth firms, or having been ?I the phi Hes plslntltls and a'so of ths parties defendants In Isui^SISai ' *'ILi i lb" llld*'ue"t rendersd itisrela, If still (tending on a wrft orerror, be aflirmed aiainet tue right ol sunh^>la;nufT or plali.llUe to sneialo etieh action ; nor % eersed !%,? ths PMreOS# A d<Jfc?etJi;s suetl /Irl.t; h n lbs same ?hall procMd to trial and Judgment as thrmgli the parties flaiiiiitls and defendant were separate an 1 disMnci pat ilea." be opinion o!' the Uuart urti de.ivenu l ? by .luilge Serjeant, He said : -"It k urweofK4.ii y now fur the Court to decide on the point* assigned a* error*, In tbe charge of the i otirt below, by the plaintiffs, because we are of opinion that ttili act of Assembly appiioa expressly 10 the present cue aud mains It Imperative on us to rou>lt '.he su.t back to the Court of Common l'leaa for trial and Judgment. Tlia auit waa i>?mlin?: ua a writ of error. The objection to the plaiu tllla' right to Kuat tin tuelr action ie that meallmmd In the act, thatoaool' the parluers, Samuel Heuuurn. Is both plain till and dettmilant In a auit brought by him and hla partner in ouo Urni ag.ilusl himself and bis partner* In another firm. The act of the Legislature removes ilila objection and authorizes and directs lUa Court s to sustain the action as well In pending rases a. in fulure ones. It thus formaline a l'utnrily where none existed before, an 1 doei ?o iu pending casea Without Jiveatlng any lljibt, impairing any contract or exeri using any ex poet tacio legislation In <he judicial aouse of tneao words of the constitution. The Legls lature, provided It does uot violate the oonatltuttoual prohibitions, may titf replroapective lawa, inch as in their operation may afloat auiu pending and give to a party a remedy which he did not previously poaseas or moJirv an existing remedy, or remove an Impelfment In the way of re covering redreaa by legal proceedings." (Son also McLau^lln vs. McCumber od, fenn. 14. and t>eh?nley va. Tae Common wealth. Id., p. S3.) 1 need taarlly and thut thore are Innu meiaiiie iuatances In which the piov!aious of the code of pro cedure, iu well aa other bUtutea, of our own hla.e have been amen :ed and the amendment made applicable to existing lltt ;atlona, without ao much aa a quest ion of the constltu tioiial autaorlly of the Legislature thus to letjlslat* being ever raided, it la plain, then, that it muat be considered aa con datively nettled tbiu t:>e Le?isiature may constitutionally puss laws affjcllng remeille.s und make client applicable to pemiinj litigations, and that Pitch action Is not objectionable either as impairing lb? valldiiy or coutrgcW or dlvoating vested rights; ami the statute now un.ler examination is so obvloualv purely i f that character that no remarks can oe uccessary to shi.w that that in its effect. The right of appeal from the order of the Special Term being atill iuc^isieuco, the Legislature hna, by the section under which this motion li made, and which m the only on'! which It Is necessary to consider, sirup v provided a new remedy. We have seen that thU It had lull power to do. Hut If it be assumed that the order of the Special Term confirming the report waa the l.nal one cniileiiipiatcd by the act ui ISItt, yet thU statute tact of 1671 j, providing simply a new or further remedy, is constitutional. It would be singular Indeed it' the Legisla ture could not provide a rem dy against a wrong. But tho trutii la, the books are lull of caaes holding "That a law granting a remedy to a parly, by referring a cauae to another dec.sion, or cnaldiu^ iilin to sustain an action where he could r.ot bcfoic i.uatalu one, or rouiovlng an Impediment In liia way to ootniniug a benriug and decislou or cent'err lug poivern, cr ratiiylng imperfect acts aud doings of officers," li constitutional. In iinltiinore and Bugque:>anni Hatlroad Company vs. K estilt (10 Ilow. Sup. Ct? U. tf.. !IJ5> Mr. .tiuttee liable! aiid- ? "If it were necessary to sustain by precedent the authority or piacllce if the Stale Legislature in awarding a new trial, or la ordering aprooenluig In the nature of an appeal altar litlgati m acTuallv commenced, or t-veu alter judgmen', and m 1 1 wUleh provision for new trial or appeal ha I not been prey|ou?ly made, a very i-trlkingex unipic troin ihi? court miiih1 be addueed," and he oitea Caldar vs. Bull, it Dallas, 8-iti, Again, In Sampayreau vs. 'Ihe United States, i l'et.,2i'J, Judge ihoinpsou sai l, "by omlttlnr to ap p i.Mv.tliln Ihe time limited by the act tho remedy thereby provided waa pone, and the decree became linal and conclu sive with respoot to such rained)', liut tha act utibiu pro vides a new remedy. But considering the a t or 18H0 as pro viding a remedy oiiiy. It la entirely unexceptionable. It has been repeatedly decided in this court that the rctrosDecttve operation ol aucli a law forms nn objection to it. Almost every law prov.ding a new remedy allcctsand operate* upon causes or uctlou existing at the lime, the law Is passed." It u t > be borne in mimT that all that the Legislature baa done I* to provldo an easy and speedy method by which tbe proceeding can be reviewed or ivbear i and reiier had against it If it be wrong, i! has uot sai l that right or wrong It shall bo vacated, though I think Ik by no means clear that It might not have utterly repeale.l the original act, tor no right became vested until the final order wlikn, as ws have seen, means something beyond the order of the Special Te ui, (King vs. The Mayor, safra). But It U not necessary t > express any opinion upon that point, although 1 may observe that The People vs. Super visors or Westchester (1 Barb. 64), decides nothing against such a vl?w, for there tlje defendants bad not only exercised acts of owueraliip over the land, but under the statutes appli cable to that proceeding the damages bad been fixed and the right to them bad become final and perfect. But. as I have eild, the Legislature has here only provided that pa: ties In terested may have the honesty or the proceedings lnves.i gated by the court, and If, upon that invest gallon, it appears that there haa b. en no fraud, no mistake, no error, no Die eallty, then thuy are not to be disturbed. Sureiy, It will not ne asserted that if uy fraud or Illegality one has obtained that to which be is not justly entitled, lie ought by a defect in the law to be allowed to retain it That would be to claim that by iloluj wrong a right has been acquired; but Chief Justice Parker, in Foster vs. Lssex Bank, 1? Massachusetts rep., -.245, says:? "Tbe truth is there Is no such thing as a vested ritfht io do wrong ; and the Legislature which, In its acts not expressly authorized by the constitution, limits Itself to correctlug mistakes and providing re nedles for the further ance of justice, cannot be charged with violating Its fluty or exceeding its authority." Again, in Freeborn v<. Smith, In the Supreme Couit ot the United Slates J Wallace, lt(0). In which that high tribunal sustained the constitutionality of a law authorizing tho review of a judgment which before that act could not have been reviewed, Mr. Justice Oreer, deliver ing the opinion, cites and approves the remark of Chief Jus tice Parker wbhh X have quoted above, and ad l?, ".Such acts are of a remedial character, and are tbe pecttlltr subjects oi legislation." lie further says:? "It Is wail settled tuat where tnere Is no direct constitutional prohibition a State may pass retrospective lawa sneh as In their opcraiiou may a!l'ect cults pending, and jjive to a party a remedy which he did u<<t picvlmtaly possess, or modify an existing remedy or remove an impediment in, the way of legal prooeedinja." We have already seen that the Court of Appetla in <0 N. Y., above cited, sustained just such legislation, taking away a remedy, w.'iich thus made a decision final whioh be fore waa appealable. Certainly If the Legislature may take away a reme ly it may grant one. The caae of Kly va lljl t ;n do N. Y., cued by counsel against the motion, bis no application. That rase presented gimpiy a question of construction, and the Court held that under tbe language employe 1 the statute was not applicable to prc.-exlatmg c .iscs. That !s all of tuat caie. I think, therefore, without further citation of authorities, there can be no doubt about the constitutionality of the statute. But there are other suggestions that ought to be mentioned. This description ot leglalutlon Is not a new one iu thla State. Iu 1S6S tlaws of 1^56 chap. H3S, p. M4) a similar statute waa passed by wldeh If any "i'raud or legal irregu nriiy" waa cuinmilted Ul any proceedings relative to any assessment lor local improve Jieiits in tlie city or hew \ ork, the party ag grieve I was authorized to apply, "upon notice" to the /uilro of the Supreme Couri either in Special Term or vacation, &nd If it appoir that the allta"1 fraud or Irregularity his b'.on committed the assessment Is to bo "vacated an 1 the lion thereby created cease." It will be seen that that act Is almost ldeatloa! tvKht'ae present. InlSSJ, In tlie matter or 1: earns, (17 llow: P. R., if*!1', speaking of that stall.'. " Mr. Jualloe Ingraham snid ; "A full ?:id ample reai"'!y now ex ists by aetlna against any one atti-nptin^ to enforce an i.ie gxl assessment, although such reme ly Is dimcult and cot of ten rejoite i to on account of its expense and perhaps uncer tainly attending a I -ug litigation.!' 'j he Legislature lias, by the i resent st mite, provided an easier, cheaper aud moie expe litions mode oi attaining th? same result. I can con*! ler ihe proceeding as only silecllog or adding to | the remedy and not interfering with renod rights aui in that view the statute should be sustained. My coue'udons are that tbe statute applies to asres<meins made cither be fore or after i's passage ; that In Uie pre'ent case the pro ceedings were irregular and that Judument must be rendered declaring su.di a**ess:uent vacated and directing that the lien created thereby an all cea"e." 'J hat decision covers the whole question here. Fr ;m that day to tbi* petitions under that statute have been constantly presented to and and acted ui>on by the court ; appeals have been tskea to the 'len-^ral Term and to tho Court of Appeals and tho constitutionality of the statute .ind Its retrospective operation have never been dou'uted. I think the question must bo regarded as s-ttled. I mUht Illustrate further bow plainly thla act la constitutional by citing authorities to show that the Court of Chanecry could be appealeJ to for redre?s und"r the elroumst j.nc-s sut"e<ted by the fourth section of the statute, and that, therefore, this la, aa Ju l,e Iosra .aoi truly said of the act or lij8, but the substi tu'lonol a cheap and speedy remedy i or a costly aud dila tory one But if cannot be neeesBary to puraue the aubjeet further, for tbe doctrine la familiar. Tlie suggestions about the parties Doing brought into court by "notice," Instead of by summons, and beiu? deprived of trial by Jury scarcely merit remark. "Notice" was the method provided In the act of It Is of no consequence how a party Is brought into court; tbe on'.y material point Is that be must be allowed "his day in court"? that Is, be must be afforded an opportuulty of belnj beard. That this statute expressly gives him (seetion 6i. As to the point about a jury, It lms no application here ; that form ot trial be'n: preserved only Iu cases, of wblcn proceedings of tbls character Is not one, In which it existed when the constitution was adopted. Tbls disposes of the matter or the constitutionality of the law and brings me t> the consideration of tbe next Important subject, viz. : Was there any error, mistake, irregularity or Illegal set In any stage or tue proceeding, or bave the assessments for beneut or the awards for damage or any or either of them been unfair, un just, Inequitable or oppressive 't The charges arrayed fcp.'tlnst the proceedings are that an extravagant amount has been lixed as tbe cost or the Improvement, produced by award* for damages far exceeding the real damage result ing to owu?rs whose property ts la-ten ; that the Commission ers, In vluiallou of the statute laws of lUf-9, chap. 2H5, altered tboir repoil alter the abstract or it had been deposited for in spection, and without notice to ihe cl y, who wak affected thereby, Increased the smount of Its assessment for beuotit from i(g,iiJ4,15 to t'J.tM, by aaaeaaing ihe Central Parle to the extent of $I,M7,*>9 and by diminishing the award for damage to the city from 1s454,:iH8to $4iJ; that the Coui mljstoners received and acted upon statements not verified by aflidaviis, contrary to the statute of I8S4, ciiap. 2"H, see. 5, and bave even awarded damages to a greater sum than c'slmed even In such unsworn statements, and that the damages are clearly excessive. The ectton of tbe Commissioners Iu re spect to tbe assessment against tbe cliy aud the award In Its favor was plainly Illegal. The proofs before me eliow that tbe Commissioners did not direct that any notice should be given to "any ofliclal or department of the municipal govern ment of the city," and that "no such notice was given." If snv such ba 1 been given, thoee wbo oppose tbls application could easily bave c impelled an affidavit proving it. But it Is argued that the Corporation Coucael had notice, and that notice to him waa notice to the city. Thore Is no aiiidavlt that any expreee notice waa ever given to the Corporation Counsel, who, I may remark, denied on the argument that be had iu fact any n dice or knew that any such change was Rba or hai beeu ma ie; hut, I am asked, notwithstanding in. to presume notice to lilm, and through him to the ci'y, because ba inlliatel the proceeding for the widen ing In pursuance of the duty devolved upon hint by lbs aol of 1X99. an I moved the conlirmatlon of tbe report. I shall not atop to Inquire whether tinder tho circumstames notice to him would be notice to the city, be cause I think, especially with bis denial and the allidavll that no notice was given to "any official or department or tbe municipal government, " I am not authorixed to Infer that he hal any notice of the action of the Commissioners. He had no right to ass'itne after thev tiled their abstract that tbey might, in violation of law, alter It; an I, thcrerore, he was not beund to ask If they had done so. Perhaps lie may be presumed to have known the contents of the report when he moved its confirmation ; but I see no principle upon which be should be presumed te have known that tbe report differed froin toe abstract, or what had transpired before the < om missioners, or what tbey bad done or omitted, which did not appear by that report. Without a hearing, or the opportu nity of a uearlng, uhanges allei ting Ihe uity lo tbe extent of iJ,10ii,lft7 bave beeu made, in manifest disregard or the ststute. Purely that law wblch provides a remedy, prompt and luexpensivs, (or relief against such aetlon ought not to be condemned, especially when It stands conceded that the aiaouut of the assessment against tbe city Is erroneous and un I air; for Mr. Sweeney In bis deposition swears that it U "unjust," and there Is no slldavlt deuylng tbe truth of that aaaertlon. Nor can the reception of unsworn statements be defended. It waa plainly an illegal act. But, If that were Illegal, what must bi said of the award winch exceedej the amount wblch the olalmant slated to be Ihe damage he wouli t ostein f l)lil anybo ly ever bear befcre of such a thing ? It ias never bltberto been eupposed that men were llkeiylo un dervalue their own properly. Another circumstance nol to b? forgottsn In reviewing tbls branch of tbe caea is tbs fact (bat In December, 1870, there Is iwarded to a claimant fur a place of land (i fly-one feet front by twenty-live feet In dept*i fcUlMsiO, while the whole plot covering that piece, being any one teet front aud one bundled and twenty-tlve feet deep, in the month of October, only two mouthe previously, had cost claimant (wMch Is some evidence certainly of Its real Valuo;but *182,500; so that still retaining a front oa the toldeued stieel of flrty-one feet, with an ample depth of 100 feet, the whole plot will have cost him by tbls operation but a trlle over *."6,000; and tbia when, according to the award, a email portion of It la loought to be worth #M0,<MJ0. How can it be aaiu that thla ia not the result of error, mistake, ir regularity for something worse 'or illegal act, or that It ie not alike ''unfair, u 1)0*1, Ineuuiiable and oppressive" as re specie not only the Mayor, Alifermen and Commonalty but overy one who iaasee*Hed lo meet tills fraudulent and ext rav agant award ? But this matter doe* not reet alone upon de ductible from figures; there are anldevlts upon the enbjecl wblch establish the excesaiveneae of the award; and. again, no one has ventureJ to gainsay tbe truth of those affidavit*. But It waa argued that 1 ought only, In any event, to act aside the asfteasmente or awarde which are apeolQcally sttsched. That might lie ao ir I were satisfied that they ainuo were wrong and tbat that wrong had not lnfluene.ed the reel o." the proceeding. But there are many reason* why 1 eannot adopt that view. Ills true that tho statute, while making it my duty If convinced that tna proceedings srs taiuled with fraud, illegality, unfairness, In justice, inequity or oppression, either aa respects tbe Mavor, ?c., "or any other person," to vaoate the order of conflrma 1 Vivu. leaycf to mv oleurciua wlisilio i i.ia'i I'f-'ct 1 14 paVt tng of en entirely new assessment Or only of a partial oim. Bui I think It raaulfest that justice demands thai the rlmle ?Batter fhould be<Vm**neir. There are affidavits lending to ?how tttat the stintrds gen "rally are excessive. Indeed, one of the oounsel, who olaimed to represent some hundred clients, admitted that "the award* were oteproportlonfMl. some of them wroog." I have looked Into the abstracts ani I tind tins concession to be well founded. I And that lota con tiguous to eaoh other, and aa to which there seems no reasou for any distinction, have been differently .siesMid. I do not overlook toe argument of tno counsel Uiat such nutters nave never been revicwod by the courts, but that the action of the Commissioners haa always been treated as final, and that tlie courts have Invariably declined I# receive affidavits against the roport. Hut that argument cin have do weight here, because the statute under which I am now acting provides a dllterent rule. It makes it my duty to look Into the matter and as< er tain whether the assessments or awards have been "unfair, unjust, inequitable or oppressive," and expressly provides that t!ie motion shall be heard not only upon the proceeding! thereioiore bad In the matter, but also upon such other "papers, affidavits and proofs" as any one lntrre?t<vl may see lit to read upon the hearing. (8eotton6.) If thero were anv grounds which Iho Commissioners or any one else could have presented In support of the awarl* or assessments It was very eur to have procured depositions and to have read them; for I plainly Intimated on the argu ment that an opportunity to produoe affidavits la r?p)y to those read attacking the proceedings woula be allowed if desired. It Is true that thero are some few Individual oases where the parties In terested have sworn that the a-.v?rl to tliem Is no more than right. But when I find such errors as I have men tioned, when I find many assissments and awards Ulapio portioned to others and some glarlntfy wrong, how can T hay that If the Commissioners bad not erred In those particulars the other awards would uot also have been dltterent 1 ltow can I say that that which was but one proceeding has not been wholly poisoned, whan I detect fraud aud illegality In some parts of It t How can I say that the same error which controlled their judgment in the Instances I have mentioned did not influence It in all their acliou f It seems to mo ob vious, therefore, that the only proper course is to oroer an entirely new assessment By this no one can be harmed. If the report as it now Blends, as to any particular Individual, be right, of course It will remain the same in the new report, while if It be wrong It Is a novel proposition, either In morals or to bo heard in a court of justice, that that which Is' wrong should not by tome method t<e corrected. If the awards are erroneous, cither t trough mistake, fraud or Illegality, they ought riot to stand ; tor then they are the result of a wrong, and there can be no such thing as a rl.;ht to that which Is wrong. It follows from what lhave s.atd that the order of tho Special Term, made on tho il&th of December last, will do vacated, and an order entered that an entirely new report l>a made. Tho statute has devolved one further duly upon mo viz., to designate the commissioners. The act evidently contem plates that ono of the old commissioners shall be retained, aud I have concluded to select the Junior member of tho original board, Mr, Jamos 8. Hennessy, and to associate with him as the new commissioners Mes-rs. William B. Astor and Alexander T. Stewart. I am aware irom tho pro ceedings before me thai Mr. Astor may, to some cxte t, bo interested In land affected by the impiovement. I do not regard that as an objection either legally or otherwise. Not legally, because the statute has not declared that the com missioners, as the act of 1X18 iloei, shall be selected from " disinterested person*," but simply provides for thu appointment of "commissioners" without stating what their qualltloailons shall be, and only applies lue provisions of the act of 1813 to proceedings subsequent to their ap pointment (see "Matter of the ttoutheru Boulevard," per Ullbert, J., 0 Abb., P. It. N. 8.. pp. 449-4.V)). Not In any either sense, because no one will believe that either Interest or any other consideration could swerve him l'rom the right. Per sonally unacquainted with either Mr. Astor or Mr. Stewart, I have, solely and exclusive'y, on my own Judgment, of my own volition and without suggestion from any uuarter, ten* dered to them the appointment, in deference to their charac ter an t the commence which the whole community have both In their capacity and integrity. And I venture to ur^e upon them that this Is an Instance In which thu city has the right to cxpect them, as public-spirited citizens, though It may .Involve a pecuniary sacrifice to them, to render It a service by accepting a position which they have not sought, but for which all must admit that they are, abore overt bodv else, peculiarly lilted. Thus this desirable improvement may be consummated through an Instrumentality and In a man ner above suspicion or reproach. Ordered accordingly. THE EEIE RAILWAY WAR. - m The English Stockholders Pressing Their Claimt? Another Removal of Salts Into the United States Courts. Yesterday an adjourned hearing took place before llr. Ken 110 th 0. White, the Master, la tne reference of Ilcath and Raphael, the Fnglish shareholders, vs. Fist, Jr., and the Frio Raima/ Company, as to what has become of the 60,054 shares of Erie stock which the plaintiffs claim to be their property, and which Btook they allege tho defendants wrongiully and Illegally withhold frona them. Mr. Unckley and Mr. Da Costa appeared as counsel for Mr. Coleman, the receiver; Mr. Soutnmayd for Ilcath and Raphael, and Mr. Morgan attended to tho ca>e on benall or Frie, while taking no active Dart In the proceedings. Hit. COLKMAN'9 EXAMINATION CONTIKUnP. lhe examination of Mr. James H. Colt uian wus resumed. He wished to make correction ol a ttatj mont tu hU former evidence, which w.is to the effect that he was not sure In respect to the person upon whom he made the demand for the stock on the 20th of June, In accordance wltu tha order of the Court; be was now convinced that the demand was made u; ou Mr. FUk, wlios'.atod, iu answer tu the demand, that tho stock was m the possession of Mr. Harris, then absent from tho city. It was on the 5th and not on the. oih of September, as before stated, that the packages of slock were placed In tho Safo Deposit Company; a communi cation had reached him. since the lust examination, from Mr. Oti?, denjlng that he was present at the transfer of the stock to tho company, but his (Mr. Coleman's) recollection was different. W itness, on cross-examination, said -I think 1 know Mr. Oils, an-1 1 am almost sure lie was present at the trans. er; 1 hold two certificates in my hand; one U for twenty-nine shares and tho oilier for 00.037; these have been In my possession continu ously in m.v appointment as reclver, with tne ex ception of one night my counsel^ Mr. .-eward, had them, and on another occasion, when they were sent by accldcnt with some other paper* to Mr. Tweed. They were returned at imce. To the Important questiua when he had last seen tho original certificate ol which lie hud been appointed receiver, Mr. Coleman replied on the oth of Septem ber, anil tmt ho had not seen thorn siuee; lie bad delivered thorn to the three geauotnon who assisted In tho counting of tho certificates, and who were In tho room when he loft thorn ihete; he had tiieni as receiver, and he gave them over to Mr. Uarrls; no could give no account of these certificates since; ho had never heard of them since; ho brought tho cer tificates to the 8are Deposit Company ou the 27 th of Juno, and they remained with that company till the 6th of S(M)tember; on the lattor dale they were taken to the office of the Frio Uaiiwav company. Q. Did you place auy mark on them ? A. No, sir, 1 did not, and 1 have not heard or them since. Mr. Southmayd, at tins point of the investigation, said he would suspend the examination of Mr. Cole man. and consider whether it wouH be necessary to call film agaiu. Mr. Buckley observed that Mr. Coleman could now verify his testimony as far as it had stone. Mr. Southmayd? i cannot close the examination of Mr. Coleman until 1 get certain Information which I want. Is there any representative here of the Frio Railway Company? Mr. Morgau (of counsel for Frie)? I ?lo not think I have any interest in the matter, so iar as the i.rle Railroad is concerned. Mr. Sou'huiavd? Mr. Coleman says ho was an hour at the oitlce or the Frio Hallway company signiug his name. I want to see what ho did sign. Mr. Buckley? Those books are very balk v. Mr. Southmayd? I want to see those boots. Mr. Buckley? I suggest to you to go to tho oirtcc of the Frie Hallway Company, then, to see tnent. Mr. Southmayd? Mr. Coleman says he was kept signing his name in one book for an hour. Mr. Buckloy? In (hat he may bo mlstakeo. Mr. Southmayd? It is all in one nook. '1 here were fifteen hundred of those original certificates. Mr. Lane told me he was in process of picking tlieui out. Mr. Buckley? Mr. Lone told ran to say on his own behalf, and 1 would say, as a matter of courtesy to him, that you can go there wuh mc and have your own examination as to ail you want to see. Mr. Southmayd? It Is not aeoc sary lor ine to ex plain the reasons why 1 do not want, to ro to tho ottlce of the Frie Hallway Company. There are spe cial reasons why I do not want to go there. Air. (lould was asked by the Marshal If ho was Mr. Could, bat denying himself lie said Mr. Gould was out of town. Mr. Fisk rang u little bell in order to have him (the Marshal) put out. The story In tno newspapers is all true, out there is a Rood deal inoro oi It. 1 do not want to go amonir those people. Mr. Buckley? We do not waut to be tr.ed l>y what appears in the newspapers. Tho Mastor Inquired if there was anybody present I representing the File Railway Company upon whom tho request for the production of the certificates and the book In question could be made. Mr. Morgan replied that he would see Mr. Vander poei, and he believed thcro would be no oojcction to the production of the books and papers require*!. Mr. Southmayd? I want to have the original mass of certificates and the transfer book produced. The lurtber hearing was adjnuructl jo two o'clock on Thursday, the understanding being that Mr. Coleman need not attend on the adjourned <Uy un less he was auccUlly not! tied. Another of Fislt'a Hulls Item ,v.)il Iiaio tli* United M ntr? Court. The case of James FUk, Jr., an-1 Mortimer L. Earle vs. Ilcath, Haphael and others, which had been commenced In the State Court, and In which ?ult Mr. Charles Robinson had been appointed re ceiver of the stock alleged to be in the custody of Mr. James II. Coleman, previously appointed as receiver of the said stock, lias t>een removed Into the United States Circuit Court. The papers were lllcd yesterday in the office of tho Circuit Clerk. Thus another element of confusion has been added to the tausled mass of legal sophistry ancnt this Erie litigation, which finis Use.! rarctully stoweil away in the pigeonholes ol the courts, lime ulono can unravel the web. It would, Indeed, be hard to predict when the yarn can be thoroughly spuu and woven Into something like a Muooth surface, upou which all can be plain, uninterrupted sailing. STATUARY SALE. A collection of beautiful marine vn?e?, la azas and groups of statuary, In Carrara marble and alabas ter, ware put np at auction yesterday morning by {olmston A Van Tassel], at tnctr rooms, corner of ,iucrty and Nassau streets, and fetched good prioea. There is aa exquisitely carved statuette "fidelity," by Laiuerinl. A girl wuh a book In her left haud looks down on a dog at her feet. Auother fine statuette is "Matrimony''? a budo lingering a wed ding ring. Tito saie oouiiiuiai u. iar wU to sorrow. LETTING THE CAT OUT OF THE BAIL Peter B. Sweeny and the National Quarterly Review. The Secret of the Attack on the Park Commissioners. SPICI LETTER FROM MAYOR HA LI. TO TIIK PiDITOR Of TrtB ITWtALD: ? Tour editorial upon tha international Q'larlertH and Its attack na President Sweeny, of the Depart ment of Parks, is sprightly. Hut permit ino to rur ulsh you tlio amusing climax. Tlic article in que*. t:on appears shortly after Mr. President Hwceny re fuses to pay Hie following bill, which is lu the h tad writing of Dr. Hears himself. and is now on tile ia the dcnaoimeut, but winch bears on Its face the words, "disallowed:"-? $81'- SO. NATH>NAI. QtTAUTERI.Y ItBVIEW. Subscription live dollars a y?*ar in advance. Received from Hie Department ol PubiiJ carlo f:ti_ oo for advertising ordinances ol (J. Park lu Aotion u ? jiiarlerlu Ki oUtui for suuiuior quarter. Nbvv Youk, Oct. 13, lt>70. , r-M n or and Proprietor. Terms for Advertisements? Oao ordinary page, per annum; half page, s-aoo; special pa. o, $ *x>; half specuil pav.0, page No. 4 ol co.cr,$l.oOO. No advertisement inserted lor less than a year except b> special agreement. No tecolpt g< od except signed by the proprietor. f. m::ab.'J, i,l. d., Oillco No. 058 Uroadway. This Is a bill for only ono insertion of the ordt nances, Tno idea of a quarterly review advertising corporation matter is rather an absurd ono in an/ aspect. Hut the absurdity intensities when it to known that the Jtevleto printed the Park ordinance* upon a venture, anl without employment. Every ono will say Mr. President Swecuy was right in rciuing to uudtt the bill, ami win agree that the coincidence between the "epoch" or refusal and attacK is singular, particu larly when the bill comes ono "quarter" and the want of quarter towards tho ass mod appear on the ver;.' next, lint "more remains behind." TOO "way or lire" or i>r. Sears, who edits tho Q'Uirterly. has evidently fallen Into what may be caltcd "the Sears and yellow leal" of literature. But he also changes his profession Into that of a "solicitor." Witness tho following letter, which la connection with his "little bill" and his "attacks," furnishes Its own "review" comments. NATION At QUABTHRI.Y Itr.VIUW, Etl A ntTS USD 1S?0. OFFICE Oi>S IlUO ll> WAY. BDWABI) 1. SKA11S, U.9., EDITOR, rKOltUfiTOU *Np FoyNHEK. . -? ? Isbw foitif, wan. 18, 18T1. Hon. A. Oakrt Hat.!,:? - Dbab Sib? The object of this note Is to request a favor from you in jour official capacity. 1 culled at your otiice some lime or ton days since, with tha sa.ue ooject'. V.nt did not succeed m seeing you. Several of your political menus I\"?vo yftW'J SS? only to give me letters of introduction, but to ftc<,<Sai-v pa:iy me in person to your oniie; out, whether 1 an right or wrong, I net er depend on thud ourtlea in making a request. ? Although i nave not the honor of yonr personal acquaintance 1 could prove tn.it 1 have always beoa irlendiy to you as our Oriel' Magistiate, and that none ot your friends were more earnestly in favor of your re-election. All acquainted with rnv journal are aware that v. hen uniiiciialy, cvou to the high est functionarte* of the republic, i make no secret of tho fact but give my impressions irccty. i have been pleased with you, and accordingly have never spoken of you in public ?>r private but in tho lan guage of n:>pro'>aiiott, although 1 was not aw are until n.ter the issuo ol my last number that you could render me nuv service. The whole atfair I want to trouble yon with la this:? At the beslnn'ng o[ the present month 1 *ent a bin tooue of our departments lor advertising and war, Informed that in order ur obtain payment f should got a favorable line or word Irani you, slno<? it is you w ho have to say wh.it journal Blind or eh ill riot be so favored. 1 foit pretty taire that you would not exclude my journal, ami tliiroiore proceeded at once to your o i.ee, bat you weie just leaving lor tho Compt toller's. .. lain pure jt u nfcedhas to rem In J you that tho public functionaries of ail tl.egrcat nations of Europe regard Reviews as dltlerent from other periodicals as to their claim - to otitciiil patronage. Tuns, for example, there is not oue of the Quarterlies of l.on tk'U which does not rec ivo substantial patronago froth 0'ie J>nrty or o'lier, aecordlug as it is friendly to One or the other, because I'.ovicws, unlUe maga zines of light literature, uovo'o themselves ex lu nlvely to discussion, and to a considerable extent to th ? ills cushion or public utfars. Those of your colleagues wuo know mc, would, I think, tell you that J discuss those matters pretty ln'.iy, and, I think 1 may uud, vvitli some effect. I a in cure Mr. Blchard 1!. Coiinolty or Mr. M. T. i Hreanan wilt do mc the jus jco to say so. 1 mu convmced that vo ir Honor would bear similar t-es ttie.ony as willingly as eiinor, If you were equally well acquainted wtth my liertew. liutai together apart from my habitual attempts to shiiv mat tho leaning men of your part> do not d(v servo the abuse ihey receive, attempts wiulli it. Is wei! kuown havo brought much ohloqcy ou myscli, it can not lie denied that my journal is ti goo I medium for the announcements of those departments of the city government whose mtrontuo 1 wish to have, stuca it is read bv the best classes, not only lu New York, but throughout the t'nlteu huues. t?y tho t>oii men of all parr cs uud or all rellg ous denomina tions. Anu l could show you thai, among no olas? have I more friends tlmn among the honorable p:o lesslon to whlcli you belong yuiiioolf, including th? beuch and bar. The IKu:d or Assessor", at iho head of wliteh la Mr. Kichard Tweed, is that to unose unpaid bills I allude. Mr- Tweed very kindly told me that he M mo*t willing to pay, but that It Is necessary you shouid include my Urn tew among those journal* which you favcr In that respect* I shall fed very Ditich obiigeil ii you will serve lite thus rar. Tbf amount is not much, but it would be very useful t? Die just now. Hoping to hear from you at your con'. euleii' e, I tune tne honor to remain, \ oar obe dient servant, EUW, 1. SKAPS. I tliank you for thus giving mo the double oppor tunity ol Rhowtng to the public one instance (out of many others occurring, to my knowledge, every week) of obscuro journals and periodicals usiug and misusing corporation adver tsing lor the pur po-jo of blackmailing? no milder wora will do? ' municipal otneia's. I Permit me ta add, In response to yonr cat!, an.t (a; a matter of much more value to tho public ttiaa discussion of motives) that within a month every Department will report, and if that from tho Park* does not refute every attack or unfriendly critioiaaa made upon them, even by tho malicious, then tn? New York tax-payers will never be suited with any thing. \ our obeuicut servant, A. DARKY HAI.T*. rvnana \ catcR cju\<.lk, A C'l?rU Obtaini a C'iiecfc from a VVml SifBrt Bnimlng IIhun and I'iiRniri ft to Hull J1laiM*lf? HI* Claim for Dl^lns U?W frum l!io .-diiif Ming Rocks. Wall street lias furnlsned auoilier sensation to ?? added to the almost innumerable category from thas golden region. Tho banking house of Droxel, Win tlirop <v Co., Mo. 18 Wa l street, on Saturday gave a cncuk on tho National City Hank to tho oriler of on* F. K easier for the smn or sixty-one dollar*. pay&bia In gold, the document being Rlgned for the Hi m? i.f r procuration? by C. F. Wlnthrop. Yesterday morning the gold paying teller of the Nations' Clt.v Bank mn somewhat staitted on receiving a click purporting to conio Irom Drexci A Co., duly and fully endorsed. for tho payment to "bearer o' sixty-one hundred dollars IN CNRKO St A OOI.1) COIN." The first thing tluit excited Inn suspicion wai the endorsement, which was 111 a gentleman's nattfu writing, instead of bettig done Willi a small iia'jd stamp, lumortu invariably employed by Droxel & Co. lor tlm purpose. '1 he next matter for surprls* v, ,m tiic raci of the Arm onionug ?o large a Hum to bo paid tti goUl to one not couaectetl with tnetr business. A hasty consul t.ttlon was helu at ttin bank, i tie bearer ol the check waa detainer ami closely watched, whim a messenger was sent away to Prexol's to ascertain If t'icy wore to pay the mouov on their account. The messenger soon returned, wim the intelligent * ti at i he bittiK wui> not to p^y the money um.lt one of the iinu oiiotilil arrive. I ia;n ,n A. Kelly, the clerk who drew the origir ??? check, soon afterwards made his appearance ana at once nionoticed the check FALSI?, FKAUDUI.SNT, F0RQH1> A NO ALTBRKO. 11<- ma le on' the cliock to F. Kessler, for sixty-one dollars, In payment ol a business claim, but More it I it his hatids it had i?cn altered in tho date and iii? amoiuit, the former made 8d of April and tho tatfor tKlxiy onoi had been altered to sixty-one hundred, 'tills greatly discomfited tho unioruinate bearer ol tiie document, who made n serious uttempt to e* cape, and looked very much as though ho could wish that tho "bills would cover lilrn or ttia mountains fall on him." He was arrested and Cikon before Judgi iiogan, at the Tom ba. Tliere he-gave the nauio of Charles Cobb, and told a plausible ki id ot story, to the ctTect that he hatl received ttvo check ai a lager beer saloon In Chryatic street. H? at lirat pretended II R COUI.D NOT 8PKAK P.VlH/tflU. though lie was born In Philadelphia ana has nov c been out of the country, lie subsequently sp^v,* weU enough wnen he waa put. on a preliminary ox animation. Ho "had contracted tho bad habit or spoaning German In lloboked, where he had been residing." T no Judge sent the young grocery olw* down sTalrs, in default of $2, MM) ball, ui>^3U tue W-v Judgo shall tbtak Dronor to "srtaro tiyTsrs-ouitt** With Mi*