The New York herald. [volume], December 06, 1879, Page 4, Image 4

About The New York herald. [volume] (New York [N.Y.]) 1840-1920

Image provided by: Library of Congress, Washington, DC

                
I
%
4
NEW YORK HERALD
BROADWAY AND ANN STREET.
JAMES GORDON BENNETT,
PaOPBIlTOB.
THE DAILY HEIIALD. *rerytlai/iH th* y*tr.
Three cent* per copy (Sunday excluded/. Ten dollars per
year. five dollar* for six mouths, two dollar* and fifty cent*
for three mouth*, or at a rate of one dollar per mouth tor
aujr period l**s than three mouths. Sunday edition Included:
without Sunday edition, eight dollar* per year, free of
poMtave.
WEEKLY UEitALD?Olio dollar per year, freo of peat *?
NOTICE TO 8l.T BSC III BE KS. ? Remit in draft* on Mew
Y?flt or foit Office inonuy order*, aud where neither of
these can be procured send ike money in a reginkfd letter.
All money remitted at risk of *euder. In order to iii*iiro
attentiou *ob*cribers wi*hing their sddross changed must
givo their old us well a* their new addre**.
A11^ husinot* newt letter* or tole# rapblc despatches mail
bo audre**ed Nicw York Hkiuld.
Letters and packages stioiild he properly sealed.
Kejected comuiiinicaiion* a ill not he returned.
Entered at the Po?t Office at Now York, N. Y., at second
clan* matter. s
PHILADELPHIA OFFICE-NO. 112 SOUTH SIXTH
KTKKET.
? ???? ' ?' unr v u\I7 vm?xr uvu i v n
LUfl uun ur r M r. < ' r lilt. ??.n uouauv?
ho. 4h klket stkkkt.
PAUIH OKKH'K?4i? AVKNUK DK L'OPERA.
NAPLES OKFICB-NO. 7 .STRADA PACK.
Subscription* ami MilvortUoiiioniN will Ixt roceivod and
forwarded on tlie %utno turin* u? iu Now York.
iuTIl VKAlT .7^0. 340
aml'si;ajknts to-day and kvknixg.
UNION SQUARE THEATRE-Fbbkch Flats. Matiaee.
ACADEMY OF MUBIO?Aida Matinbb.
WALLACES THEATRE?KsTk.-i.lk.
NiBLO'S THEATRE?Ebcha.stbunt. Matinee.
HAVERLY'8 theatre?Uali.ky Slavb. Matlnoe.
BRAND OPERA house?thk Pool's Rkvunub.
STANDARD theatre?FATiKrwA. Mutineo.
DAL%'S THEATRE?An Akabiaw Nioiit. Matinee.
THALIA?Dkb Skbcadkt. M.nlnoo.
BROADWAY OPERA HOUSE?Sybatboist* Matlno*.
FlfTH AVENUE?II. M. S. I'inakohk. Mutineo.
BOOTH'S?Lks Clochks dk Coknkvillk. Matinee.
BEKMANIA THEATRE?Koknirin von Navakka.
ABERLE'S THEATRE?Nan tiik Nkwsboy. Mutiauo.
PARK THEATRE?Fam in Ihkland. Matinee.
COMIQUE?Mulligan Udabd** Chhistmas. Mutlnoa.
SAN FRANCISCO MINSTRELS ?Mat ineo.
TONY PASTOR'S THEATRE?Yakikyy.
KOSTER A BIAL'S CONCERT"HALL
Ayl'ARll'M ? pkurobbimi A.mmai.8. Matinee.
8TE1NWAY HALL?Symphony Conukut.
CHICKERINU HALL?Dicbkns Mohninui Matinkk.
SEVENTH REGIMENT FAIR?Labt Day.
WITH SUPPLEMENT.
KKW YOHkT SATUUDAY, bKCKMBKK ti,_l879.
Advertisers arc respectfully requested to hand
in their udecrtisements previous to eight o'clock
in me ectutiu/ to insure proper classification.
The probabilities are that the weather in New
York and its vicinity to-day will be warm and
clo-udy, with rains. To-morrow it will be warm
and cloudy, with ruin or show in the early portiim,
Jo Unced by clearing and colder ireather.
Wall Stkkkt Yesteuday.?Money continued
easy at 0 to 7 per eeut lor cull loans ou stocks
ami at 5 per out on governments. Stocks were
dull and the market was about steady. Foreign
exchange was active and rates were advanced.
Government securities were in brisk demand
and prices improved somewhat, whUe railway
bonds were quiet and steady.
Ladies who objcct to tobucco smoke will lind
in the experiences of one of their number, related
iu another column, a hint, at least, to
keep out of smoking cars.
This Is the Last Day of the Seventh regiment
fuir, and four out of every live who were
not going to miss the entertainment for anything
have not jet been there.
Another Flood is anticipated in Spain.
Americans ou the line of watercourses that
have been robbed of adjacent forests will please
read, ponder and inwardly digest.
Pkteu Goelkt's business reputation is enhanced
by his last will unil testament, which,
in spite of the immense property it disposed ol,
was shorter than many a business letter.
Los Anuklks, Cal., has sutlered by another
official defalcation, which is tbe lourth within
five vears. Pcrbuns tbe luissinir members of
the old Now York 14ing have not heretofore been
ought in tlio right place.
llow Much Long Kit arc the odors of tlia
Fourth avenue tunnel through which the horse
earn puss to Hit-ken passengers and annoy every
one passinj: the apertures through which the
tunnel receives light and air?
Ik this Khekivk really feel* so had at losing
the obelisk, America might he mannerly enough
to insist that he shall retain it. The bric-Abrac
fever still rages licit:, but not to ouch an
extent that we should deprive people of their
cherished antiques. ?
Li.uai. Mkasluks against a coal company
thut remove* l'roiu their mines the columns of
coal thut support the village above should not
be restricted to injunctions; the probable loss
of life and property which the lulling in of a
mine roof would occasion should be considered
by the courts and the possible victims.
l'llILADKU-HI.v's SfUUTBb ATTKM1TS to outdo
the metropolis arc occasionally successful.
\Vh<n the notorious Alderman MeMullcn was
arraigned yesterday for assault and buttery,
with intent to kill the coinpluinant failed to
uppeaiV Truckling to rowdies is one of the flrat
signs thut a city is growing too large to be
managed by its better citizens.
Tin. Smai.l Hoy is becoming unpleasantly
prominent in atl'airs that among children of
larger growth are culled crimes. The stabbing
#ffruv of yesterday, iu which u boy of twelve
wiis wounded, perhaps mortally, by an elevenyear-old
companion, makes the third seriousooourrence
of its kind within a fortnight. l)o
parents realize what a horrible education their
boys receive when ullowed to run ut will iu the
streets I
Tiik WKATiir.it.?The disturbance that was
advancing over the Missouri Valley, as stated
iu yesterday's HruaI.I', 1ms now reached the
cent nil valley ami lake districts. It dcTelo|K.'d
storm energy as it moved eastward, mid in likely
to prove severe in nil the eastern portions of the
country. The urea of high barometer tlmt
precedes it is gradually receding northeastwuid,
hut its movement in mo slow that the gradient*
on the eastern margin of the storm urea
me brooming very steep. The coarse of the
t disturbance will be nearly due east, but it will
kSut all the districts from Canada tu
the (lull. Ruin fell in the lake reIgions,
ee 11 tml valley districts and on
tlje Gulf coasts, while ill the. Northwest *uow
is reported. The winds have been from brisk
to strong in the central valleys uud upper hike
regions, fresh over the lower lakes and light
elsewhere. The temperature rose over all the territory
east ot the Mississippi exempt along the
Atlantic const; west of that river it begun to fall
juickly toward night. The storm continues on
the British anil French coasts. The weather in
New York and its vicinity to-day will ho warmer
uud cloudy, with rains. To-morrow it will be
warm umi cloudy, wij.li rain or snow in the
curly portion, followed by clearing and colder
weather.
iiir i-u
NEW YORK
The President St?nd? bjr His &M?m>
mvnilatioM.
All advocates of a sound Hud honest currency
will share our sense of relief at the
authentic contradiction, sent us from Washington,
of the reports disseminated throughout
the country thut the President had
retreated from the views he sent to Congross,
and had expressed a desire that
i no legislation should be had in
j pursuance of them. These statements
| seemed incredible on their face; and
j yet they were made with such an
j air of assurance, and were published and
credited by so many republican journals,
that we wero staggered and dismayed. W e
have forborne to comment on the alleged
stultideation with the severity which would
- - - * - ' i.- 1 Jl
have been justified 11 me repuru? cuiuu
havo been regarded as true, but wo were
pained and puzzled that they were not
mat and exploded by an authorized
contradiction. The contradiotion has
come, and it vindioates our prudence
in withholding any other oomments
than expressions of astonishment and regret.
Had the conversations of the Prcsi>
dent with republican members of Congress
been correctly represented in the reports it
would have been difficult to reconcile our
sense of decorum toward the Chief Magistrate
of the country with the strain of comment
which so astounding a recreancy to
declared principles would have called tor
and justified.
We rejoice that those strange statements
are proved to be wild and baseless. Our
special correspondent at Washington has
authority ior saying that they give an entircly
false impression, and that, so far
irom retreating from his publio position,
the President considers his recommendations
about the legal tenders to be of the
greatest publio importance. Our correspondent
does not, like the senders of the
contradicted reports, rely on rumors caught
up in the lobbies of the Capitol and oorridors
of the hotels. He supports his statements
by such authentic evidence as will silence
doubt and make denial ridiculous. The
refutation of these astonishing rumors is
quite crushing. Coming in the shape of a
letter written on Thursduy by the President
himself it is a riponse sans rtplique, which
will give a quietus to the absurd stories.
Tho President says to his correspondent: ?
"You want the money to be good. You can
only have this state of things when there is
confidence iu the stability of the currency.
If lc^al tender for debts depends on
the uncertain action of Congress there
will be a want of confidence. Tho only
constitutional legal tender is gold' and
silver. Depart from that and confidence
is gone. All the world believes
that investments in America are likely to be
profitable. A sound financial policy will
bring us investments from all the commercial
nations ot the earth. In good times
prepare lor hard times ; in good times pay
debts. The legal tender notes are debts.
Let them be paid by the coin in the Treasury
and the coin that is coming from
abroad acd it will not contract the circulation.
Let our ship be headed in the right
direction. It is sound policy which has
brought good times; the umi polioy will
continue good times."
This is more emphatic, pungent, pointed
and admirable than even the best passages
of the Message, which were greeted with
such warm encomiums by all the sound
part of the press without distinction of
party. It makes us regret that we have felt
a moment's misgiving as to the steadfast
adherence of the President to his official
declarations.
The injustice whioh those absurd .statements
did to the President now seems to be
a* monstrous as his recreancy to principle
would have been if his reported conversations
with members of Congress had not
been misrepresented. What supposable or
unsupposable thing could have been more
preposterous than an allegation that the responsible
head of the government had retracted
in private conversations the official
declaration of his annual Message ? The justifiable
presumption was that the views
which he communicated to'Congress on the
mcffct important topic of the Message had been
deliberately weighod and wtmld not be
departed from?at least not within three
days after the reading of the Message to the
two houses. If the opinions expressed in
the Message with so much vigorous emphasis
were premature or ill-timed, what
exuUBe could the President have had for
their promulgation ? The proper business
of the annuul Message is to suggest subjects
of legislation for the session, not to fire off
aimless shots in the air. The President
would not have appeared to advantage
in privately assuring members of Congress
that he did not mean what ho had
said and asking them to accept his personal
retraction of his official statements. By so
strange a course he would have forfeited
all those solid titles to respect which have
been so ireoly accorded him as a statesman
of settled convictions and unflinching political
courage. He could a thousand times
better uftord to have his recommendations
disregarded by Congress than to give occasion
for doubts as to his sincerity in muking
them. The decisive letter which we publish
blows away all thoso injurious and
painful rumors which clouded the political
integrity of the President.
The position of Senator Bayard ia none
the less creditable and praiseworthy when
it is proved that the President does not
falter. Mr. Ba>ard introduced his resolution
before those absurd rumors were put
afloat. He counted on that co-operation in
high quarters in which he is not likely to
bo disappointed. He desires to carry his
measure and will welcome aid from any
quarter. Ills boldness and promptness will
lorco the issue upon Congress, and the
known support of the President will
increase his chances of success. H?
has no superfluous strength, even if
tho administration republicans coine to
his assistance. Should the democrats
bo unanimous on this subject aiul the
republicans bo divided the success of Mr.
Bayard's measures will be a great thing for
the democratic party. But If, on the other
hand, it should be oarried without regard
to party lines, he will enjpy the satisfaction
of having done good thing for the publio
HERALD, SATUBDAY", D]
! interest. It*is a degrading view of our
public men which assumes that none of
them is capable of rising out of the low
atmosphere of party politics. President
Hayes has no further political ambition,
and if Senator Bayard has it is candid to
suppose that he holds it in subordination
to his sense of public duty.
General Butler is an intoreatad spectator
of the turn affairs have taken since the beginning
of the session, and he is not sparing
of his criticisms. He accuses the President
of an unbecoming attempt to influence
the decision of the Supreme Court on
the legal tender question, because the President
has declared his "firm conviotion
that the issue of legal tender paper
money, exoept in extreme emergency, is
without warrant in the constitution." But
his critioism is an absurd assumption that
the President has no right to interpret the
constitution for himself on points which
have not been judicially decided. He may
find this notion scornfully exploded in the
writings of Jefferson. President Jackson,
wnom UQlltir uuiugizen, veut su lur uo iu
refuse to be bound by a decision actually
renderod, and vetoed the United Stated
Bank bill on the ground of unconstitutionality,
although the Supreme Court
had decided thut such an institution was
constitutional, declaring that he was bound
by the constitution "us he understood it"
It is absurd to pretend that the President is
bound to silence by a decision whioh has
not been rendered on a subject whioh has
not yet been argued beforo the Court.
An Vltramaatani) View of Infallibility.
It follows from the observations of a
Belgian prelate that the Pope is not infallible
in Belgium if he differs in opinion
with the Catholic bishops of that country.
"The Archbishop of Malines," says the
cable, "asserts, in a pastoral letter, that
the Pope is not infallible except when he
judges questions which rest on the testimony
of God and that of His revealed truth
or revealed law." That is to say when the
subject in hand is the Belgian constitution,
and the relations to It of the clerical
stipendiaries of the State, the "testimony
of God" and His "rpvealed law" are
respectively so wide of the issue that the
Pope's infallibility, good on other grounds,
does not apply on these, and his opinion is of
the same value as that of any other misinformed
person. All this comes from the
Pope's endeavor to soothe the irritation
in Belgium and reconcile the differences
there betwoen Church and State. Belgian
prelates and churchmen generally
in that country are somewhat energetic
in their polemics against the principle
of free education. They do not like it, any
more than their brothers in France like
it there or their cousins like it here, and
they are fierce against the laws on that subject
and against the constitution which
has made such legislation possible. But
the other day the Pope said of the Belgian
constitution, apropos to this agitation:?
"It is a oompact, and must be, loyally observed,
and inasmuch as it has given the
Belgians half a century of peace I see no
reasons for making changes in it, or oven
for desiring thorn." He further Said:?
"The positfon of Catholicism in Belgium
after half a century's experience shows that
in the present state of modern society the
system of liberty established in that country
is the most favorable to the Church. Belgian
Catholics, therefore, should not only
retrain from attacking the constitution,
but should defend it." These are the
words of a practical and capable man,
who looks at things as they are and judges
them with a view to his own responsibilities
as the head of the Churoh ; but because
of words like these, and their plain condemnation
of the recent course of the olerical
element in Belgium, the Bishop aforesaid
says the Pope knows nothing about it humanly,
and that his infallibility does not
help him. Perhaps the Bishop is right in
declaring what are the limits of infallibility,
lie ought to know them. We may, therefore,
perhaps, safely accept his statement
that these limits include only "questions
which rest on the testimony of Qod and His
revealed truth or revealed law." He is very
likely right also in his opinion that the
Belgian constitution and the Belgian laws
are outside the limits. But if they are?if
from the standard of revealed truth and
divino law they are subjects utterly indifferent?why
should he object to them?
Why should he fret'about them? Why should
he with regard to them go out of the way
to indulge himself in an incivility to the
Pope? Why should he cut up as if he were
u great republican of the most Btalwart type
und the Pope was only Hayes? If the
Bishop of Malines and the other Belgian
bishops oare for their people within the
limits of their function they can scarcely
tliAMaa f !??? a?a Milnlfi/I #/lioinn
gu l/tjuuu buoiuvn u?w ivintyu vv uitiuq
trnth and divine law; and if the Belgian
school question is outside these they ought
to leuve it alone and set a good example to
the Pope, llut if it is not outside theso
then it is certainly eovercd by the shadow
of infallibility, and they must obey. But
it in hard on the good ultramontane* who
made infallibility lor their own uscb to find
it turned against them.
The Irish Agitation.
Our cable despatches recount the details
of one more arrest in Dublin for the use of
seditious language. By the pursuit of this
kind of practical criticism the government
will at least oorrect the style of the laud
league orators; and it will perhaps not
lessen the effectiveness of the agitation,
since this constant suppression
of the extravagant speakers will weed
out an element that is seldom of
much service to any cause. In their
places will dotibtless come up men who
are able to statu the case of the agitators
without violating the law. It is said that
Brennan, the m:in arrested yesterday, re?
joicud in his arrest, and had purposely
spoken in a way to sueure it. That is to
say, this particular "putriol" cured less for
the cause he pretended to serve than he
did for his own personal distinction in eonnectionwith
it. If he could only be singled
out as a martyr to British tyranny he was
ready to compromise the cause of the
tenunts by the use of language which gives
the whole movement a false oharaeter.
ECEMBER 6, 1879.-WITH S
As we have said before, this seem*
less like patriotism than demagoguery.
"By wbat right must the majority of mankind
work and toil to support a lew in idleness?"
inquires Mr. Brennan, in the speech
which has provoked his arrest. Perhaps
these words hud little sh>ire in moving the
authorities to take up his cuse ; but they
are characteristic of the vein of thought
that runs through it and express the spirit
of the social theories that are upsotting half
the people in the world and demoralizing
labor everywhere. They do not mean a
reform of tlie land system in Ireland ; they
mean a "new deal" as between rich and
poor the world over.
Floating C it lea.
The London Standard bases a long editorial
upon the announcement that three
new steamships of extraordinary size and
speed are about to be built lor the North
Atlantio servioe. The proposed vessels
will belong respectively to the Cunurd, In-?
man and Allan (Canadian) companies, and
are to be in many respects superior to anything
now afloat. The Sahara, of the
Pnnuv/1 lino lui II. Ka a f avav oavdn i Vi nnun *? *1
tons burden, and will have ten thousand
horse power, with a length of five hundred
feet and beam of fifty feet. Her speed will
be greater than that of any vessel yet built,
and we may expect tho remarkable passages
made by such fast boats as the Britannio,
Germanic, and more recently by the
Arizona, to be beaten out of sight. The
Allan line ship is to be smaller
than tho Sahara, but quite its equal in
speed, while the Inman boat i? intended to
surpass them both, "if," says the tUand'
ard, "the tidings do not stimulate the
Guion, the White Star and National or
some hitherto unambitious rival to order
one still more superb.". It may perhaps be
news to the Standard that the White Star
and Guion lines so far from being "hitherto
unambitious," are the very lines which by
their ambitious rivalry have oreated the
spirit of competition which is now stimulating
the Cunard and Inman companies to
the production of such splendid ships as
the proposed Sahara. If the Suhara crosses
the Atlantic in six days it will be because
the Cunard oompany were bound to beat
the seven day passages of the Britannio* and
the Arizona or to fall out of line and lose
their traffic.
"Jules Verne," says our foreign contemporary,
"in one of his wilder flightR of imagination
described a flouting town." Jules
Verne did, it is true, describe "a floating
city," but so far from being a "wild
flight of imagination it was simply a description
of the Great Eastern, which is a
most substantial reality, as the Standard
mast admit. The "floating city," however,
proved impracticable and useless as a passenger
vessel, and though the limit of Bize
seems to have been reached in her construction
the new generation of steamers
is rapidly encroaching upon that boundary,
and may yet prove that by
superior construction even greater
proportions than hers may be compatible
with saiety, speed and ease of
management. The Sahara and her companion
monsters of rival lines will in all
probability be followed by others which
are to them in size and speed what they
are to the 'inferior vessels of their fleets,
and the traveller of twenty years hence is
more than likely to make the journey from
New York to Liverpool in five days upon a
veritable "floating 6ity," carrying as many
thousnnds of passengers as the best steamers
now carry hundreds.
'Wendell Phillip* on Ike Pfeas.
Mr. Phillips touches the press with
vigorous criticism?touches it sharply,
brightly and, in the main, justly. But he
does not make the oue broad necessary
division which should never be ignored?
between newspapers and organs. Players
upon the fiddle have been divided into
two classes?good players and bad players;
and in dealing with the subject broadly
that is the only distinction to. be made.
Similarly there is but one grand distinction
between journals. Some are newspapers;
some are organs. In all the evil
that Mr. Phillips felt called upon to say of
the press it is evident that he contemplates
journals as organs; in all the good he contemplates
them 'as newspapers. An organ
is simply a daily pamphlet published in
the interest of same party or some persons
or some agitation. It is but natural
that it should say only the things it
wants to urge in behalf oi its party, and
that it Bhould leave unsaid all that will
hart thAt party. It pretends to be a newspaper?just
as the conledernte of a thimblerigger
pretends to be one of the lookers-on
in the crowd. II people are deceived by
this pretence into accepting its statements
as fair and impartial they suffer only
through their own dulness. In his declaration
that the press is "cowardly,"
' "dishonest," and so on, Mr. Phillips describes
those daily pamphlets or organs.
But the newspaper cannot be cowardly or
diahonest except as a photograph or mirror
may be, since its contents are a transcript
of facta, a simple record of daily actualities.
Horace Greeley is quoted as saying
that ho did not propose to tell the truth,
but the news, and this is deolared to be infamous.
But the news is the trnth for a
newspaper. It cannot kuow any other.
Truth as apart lrom lucts is opinion.
At best a man , could only tell
what he believed to be the truth,
and tho history of Mr. Greeley as of every
other public man proves that lamentable
mistakes may be made in tliat^ray. Ia
Massachusetts it was onco held To be indisputably
true that some old woman ought
to be hanged if anybody in the neighborhood
had the toothacho. Mr. Phillips says
the press is of no use as an agent of reform,
in which again he is somewhat illogical.
How oan the newspaper? take
up tho cause of suoh a movement,
say, as the anti-slavery agitation without
descending at once to be the mere organs of
that movement ? On the other hand, how
can organs already in existence tuke it up
when they view the whole world only from
the standpoint of the small interest in
which they are published ? But Mr. Phillips
uses the word reform here in a narrow
hdiIi Jieform iu its best sens* is one of
UPPLEMEXT.
the Inevitable consequences of the mooeu
of the press. An agency vrhicb spreads information
of facts, which educates the
world in the knowledge of itself, is worth
all the penny trumpet reformers of the
platform that the world ever saw in practical
correction of abuses and amelioration
of the condition of humanity.
Viseouat Leuepi and the Panama
Canal.
According to our telegraphic advioes
Viscount Lesseps will sail to-day from
Havre for the Isthmus of Panama, accompanied
by a commission of distinguished
engineers from Prance and Holland, who
are to be joined by American and Colombian
colleagues. They have been preoeded
by a "brigade" of practical workmen, provided
with the neoessary implements, and
the programme of their observations has
been drawn up by a committee of the
French Academy of Sciences, counting
among its members the great names of J.
B. Dumas, Faye, Quatrefages and Beoqaerel.
The government of Colombia has issued a {
decree directing that a member of. the
Cabinet proceed to the isthmus, accompanied
by representatives of each of the
nine States of which that Itepublio is
composed, ior the purpose of affording
to M. de Lesseps a memorable
reception and of participating in the ceremonies
inaugurating the work, which have
been fixed ior the 1st of January next. The
world will now speedily have the opportunity
of forming a definitive opinion upon
the character of this enterprise and the
probabilities of its success.
In the United States, as is well known to
Viscount Lesseps, the ourrent of public
opinion has long favored another route,
that of Nicaragua, which is being activ?ly
urged by Admiral Ammen, and which
counts upon the active sympathy if not the
actual services of General Grant. Besides
the preference given to the Nicaragua
route there exist in the United States various
other sentiments equally unfavorable
to the enterprise of M. do Lesseps. Many
disbelieve in the practicability of either
route, others think American interests
would be bettor served by augmenting the
number of Pucific railroads, and still others
| '
are convinced that no interoceanic canal
would pay a tithe of the expenses. These
facts, however, need not interfere with a
general admiration of the pluck and hero*
i>m iiinnUvf>H hv Visi-nnnt T.naapns.
What Does Hanging Mean I
A Sheriff's sole authority to kill a criminal
under sentence of the law is derived
from a written warrant. The ordinary form
of this document simply directs the offioer
to remove the prisoner from the place of
his confinement to the place of execution,
and there, between certain hours, "hang
him by the neck till he bo dead." There is
no obsQurity in the language. It authorizes
"hanging" to accomplish the death,
and no bruising or maiming save such as
"hanging" fairly implies. But how are
warrants of this plain tenor construed
in practice? Take Andrew Tracy's case
this week for example. Alter the prisoner
was brought from his cell to the place
of execution, and before he was actually
hanged, the Sheriff precipitated him from a
high scaffold to a stone floor with such violence
that his limbs were maimed and paralyzed,
and then the poor, bruised, limp
body was hoisted again upon the platform
and supported in the arms of an attendant
during "religious exercises" for five minutes,
until a fresh rope was procured and
tied around its neck, with which death at
last was accomplished. Is this "hanging"
within the moaning of the law and the
terms of the warrant? If it is not, the
Sheriff exooeded his authority; if it is, it
defines "hanging" with a looseness upon
which we invoke the judgment of public
opinion. The reports of Tracy's
death say that many of the witnesses
were physically nauseated by the
spectacle, that some fainted and that cries
of horror were raised on all sides. Is it
respectable to preserve a method of capital
punishment whose exeoution oannot be
viewed, or even the reports of it read, without
nausea? This Tracy caso is not an
isolated instance of bungling barbarity.
In face of the incessant repetition of such
atrocities how much longer will legislators
delay to substitute some other mode of
death for the halter, so that sheriffs may
cease to transgress the letter of their warrants
and shock decenoy by these hideous
exhibitions ?
PERSONAL INTELLIGENCE.
Emigrant# travel to the Pacific coast la getting
light.
A child waa cured of diphtheria by small quantities
of liuic being slaked iu the noom.
801110 ouo remarks that children's toys are all several
sizes bigger than they used to be.
say that ho lias a nioo thick hoad of hair.
Mr. Hugh Haatinas, editor of tho Commercial Adrertiser,
will have hla winter residence at Long
Branch.
Count Hohouvaloff la going to aomo aheltered (pot
ou the lUviora. Tho air on tne Neva ia too cold at
present.
The co-operative stores of London arc doing a
great trade; but tho clerka are Mid by the London
World to be very lucapablo.
Mr. Kvarta pronoaea to try the telephone, hot U
wonld take a wire from here to St. Petersburg to accommodate
one of hia aenteuoea.
Mr. lJiggar represents county Cavan in the House
of Commoua. Tho meinbera for Belfaat are Meaara.
James P. Oorry aud William Kwart, both supporter*
of the government aud adherent* of the Orange laatltutlon.
,
Gounod waa lately fated at Antwerp, and the student*
of the University of Lonvain sunt a deputation
aakitig hiin to sign hia name in the "Gold Book.".
The peu with which he wrote hla name waa sold by
auction for 280f.
London World:?'"A (hocking itory i* told of one
of the young ladles at the Oxford College for the
'higher education of women.' Being remonstrated
with on tho *coro of her Idleness her answer waa
that she came up to the university 'lo aee Ufa ' This
la possibly widor, but hardly higher, education."
The London World aays that the reason why express
search haa been ordered to be made in Zululand
for the Prince Imperial'* watch Is that, attached
to the chain, Hia Htgbnoaa wore that relio?a fragment
ot the true cro*a?which belonged to Oharlomaguo,
came into the hands of the flrat Napoleon,
aud was always worn by the late Emperor, who
'regartlod it, in that curlou*, aemi-auperatitioua way
of hi*, aa something of the oharaoter of a talisman.
Boston Traveller:?"A sentence of death pasted tonight
upou all the inen and women who have seen
seventy years of life would leave both the Old and
th* Mew World to-morrow morning without their
../-flr :T> < ? .. : T. " 'mi* ' ?
ffreateat intellects and*deprive Marly every |N?t
nation of its acknowledged leaders. It woula take
from England lier Beaoousflold, from Germany her
Bismarck, from Russia lier Qortschakoif, from Austria
her Audraasy and from Spain har (Juatelar. Not
less sweeping would be its removals of the literary
light* of the time. Of the great English-speaking
poets on both sides of the Atlantic such a decree
wonld not aparo us one. Tenuyaon, Longfellow,
NVhlttier, Holmes have all passed ttfR Scriptural
'threescore and ten.' "
FINE- ARTS.
THE BHKKWOOD-HAltT OOLLEOTIOH.
Jk. private view was given last evening, at the National
Academy of Design, of the pictures forming
the collections of Messrs. John H. Sherwood and
Benjamin Hart, both well kuown collectors, which
will be on public exhibition until the sale, under
the direction of H. P. Avery, at Chickerlng Hall, ou
the evenings of the 17th and 18th lust*. The large
of collectors, artists, dealers, lovers of art 011 general
principles and critics.
It may bo that tho memory of the excellence of th?
Spencer collection, sold last spring, has made us
difficult to please, but we must confess that ?u
viewing the present one we were considerably disappointed.
True there are many good pictures to
be found, but there are also many which are mediocre
or positively bad. Mr. Sherwood's collection
comprises many works of our American painters;
some Scotch and English pictures of little or no interest
or excellence, and among the paintings by
foreign hands several late purchases, which are,
with a few notable exceptions, unimportant examples
of men of name. Among Mr. Hart's pictures,
which are chiefly foreign, may be found
number of early piotures by well known men of
to-day, as woll as more striking examples of their
recent work.
The joint collection contains 105 paiutings,
which are hung in the large south and smaller oast
and west galleries of the building. One of the best
little works in tho collection is a study by Moissonier?"A
Halt at the Cabaret"?which is strong in
its effects of light and shade, and contains a finely
given whito horse. By It is a study by UerOino of
his large picture, "Diogenes in his Tub." Boj bet's
figure, "Waiting for an Audience," reminds one of
Losrel, not as strong a man, but better known
here. A small and interesting landscape
by Troyon is called "The Ford." James
Drnmmoml, It. 8. A., is represented by
a pair of hard conventional works, containing occasional
bits of good painting and called "Round*
heads anfl Cavaiiors" and "Sir Walter Scott at tho
Brlc-a-Brsc Shop of John Howell." His compatriot
and fellow Scottish academician, Oourlay Steell, has
been guilty of five of the most ciiromo-like and
artistically uninteresting animal piotures which wa
have seen for a long time. "In the Garden" is an
insignificant little Diaz, whose largor "Wood Scene"
also does not redound to his credit. A couple of
interesting examples of Glaizo show, some very
clever work. They are called "The Pompeilan
Image Seller" and "The Chinese Bazaar." Tho
Daubigny, "Autumn at Anvers," is of good size and
but fair quality. "Bead for a Ducat" is an excellent
rat and terrier story by J. Meliu. Antonio ltotta's
"The Veteraus" deserves favorable mention. A
study by Villegas is culled "Spanish Devotion."
Near it is an exceedingly clever and effective Madrazo,
"Bal Masque 'Valentino.'" A weak attempt
at Diaz landscape is by his pupil Magnus.
Wyant's "October Landscape" is ono of his best
works. Shroycr is represented by a couple of
examples, "Wallachians Reconnoitring" and "An.
Arab Caravan at Kent," and John S. Sargent signs a
clever but excessively impressionistic work, "Tha
Luxembourg Oardeu.
Two early examples of De Nittea, one ?nf tha
strongest painters ot to-day, will be found of interest.
They are a good landscape ("The Railway
Train") and a little figure piece. In tha former what
look at first sight to be scared turkeys are bounding
black horses. Detnille's "Incroyables" la strong iu
drawing, but heavy in color. There are three of
Wlnslow Homer's effective and essentially American
scenes, of which "Snapping the Whip" is tha
best. Boughton's "Burning Fagots" is a
sterling little picture. A larger example of
his work la "Woutor van Twlller'a First
Court," while his delicate "Moonlight Skating
Scene" was painted in this country years ago. An
excellent little Kowalski Is "Hare Hunting?Poland."
Or the three Ricos wo much prefer the scene on tha
Heine near Polssy. Van Mlorls' "Tarqtiln and Luoretia"
will be remembered as having formed part of
the Wolfe and Johnston sales. A small and completa
Troyon, inimitable In animal expression, is called
"Cow and Dog." His "Panturago?Valley of tha
Touoque" is a superb study. Two cold sage-green
uprights, by Corot, do that master little credit. A
smaller work, different in style from the examples
wa usually see, but fresh and charming, is "Tha
Village of Saint Cloud." Hewlett's large oa&vaa of
a scene In the White Mountains is by no means ot
his best. Firmin Glrard's "Arcadian Scene" la aa
hard aa wood.
Of the two Van Marckcs, tho smaller, "Pasturaga
in the Landes," Is much better than the mora im?
portant "Cattle?Near Bordeaux." "The Eastern
Slavo Market," by Decamp*, Is very fine In color and
tone, but poor iu its nudes. An admirable little Vibert
la oalled "Preparing for tho Bull Fight." Uoybat'a
"Death of Boxana." while masterly In parts?notably
In the head of the dead woman?la very un?
equal and is as suffused in color aa a pomegranate.
Michctti's superb "Italian Water Carriers" Is a llttla
group of dellciously picturesque children. The story
is cleverly told and the work Is godd In Henri
Pllla's "Autumn"?a pair ot old lovers talking over
the might have been. Palmeroll's "The Pretty
Model" is so charming that wo pardon a little laxity
of technique. Escosura's "Cavalier" Is very well
Sainted, and might at llrst glance be oredlted to
leissonier. Not refined, certainly, but a very well
painted work. Is Pariticnlll's half nude called "In?
Vfstigation." Charnay's little "(ilrl Pioklng
Powers" Is a dainty bit. It wUl hardly bo said that
n.,?n <? ?,Atl .AnMn.An?A,l 1,1. atn/lv e\i
an Oriental woman. A really delicious little work la
Heilbuth's "Promenade." Au early and careful
Jacquat la "The Losson in Shooting." There la very
clover drawing and much character in P. Barnard'*
rather hard "ttojng to tho Dance In Old
England." There la a small llonssoan of Rood
quality. Cabaiitfl's large nude "Eve After the Expulsion"
does him moro credit than his present
work. Pelouze, a new light in French landscape,
has a small study, and there aro a couple of water
colors by (Fortuity. Several Ciuys show how admirably
he could paiut, If ho did not look at everything
in a scientific aud studio light. In soma
early works J. O. Brown is not seen to advantage,
aud a recent example of H. Swain Olfford shows him
at his best. Among tho remaining painters represented
aro Oswald Achenbach, Baugnet, BoulauJar,
UoutibQtuiu. Chaplin, Olays, Dupre, Ones,
acquos, Jazut, Oebler, He he lick, Stevens. Vlllegas,
/lorn. S. 11. Clifford, James M. Hart, J. B. Irving, W. T.
ltichurds, Scott, E. M. Ward and Whltyadge.
MliS. HAYES IN PLAINFIELD.
Mrs. Haycfs. the wife of the Praaldont.'la spending
a fow days at Plaintteid, N. J.. as a guest of Mrs. A*
L). Hheppard, of that city. Yusterday morning she
visited the high school there and wu received la
the chapel by tho pupils of the high and grammar
schools. Mr. Oaorgo Vincent, of the acnlor class, in
behalf of his fellow students and as a token of their
appreciation of the honor cotiforred upon them by
the visit, prcseutvd Mrs. Hayes with a ltoral borne
shoe and an elegant basket of llowers. Mrs. Hayoa
responded gracefully and afterward shook hand*
with each of the scholars as the they laft the roomOBIT
U Alt Y.
STEPHEN B. KINGSTON.
Stephen B. Kingston, general freight agent of th*
Pennsylvania Kailrood, died at bia residence in Philadelphia
yesterday of Brlght'a disease. Mr. King*
ston had been ill a long Una, and last winter vis*
lted Florida In the hope of boiiefltlng his health*
He was completely prostrated about two wooks ago,
since which ho has not left his bed. Mr. Kingston i
wss bom at Philadelphia fifty-live years ago, and
received a common school fducation. Alter leavtug
school he was admitted to the office of Mr. Euoolt
Taylor, and uuder him studlod conveyancing, whlrti
he followed for Kome years after loaving Mr. Taylor's
office. When Mr. Usury Houston was mado local
freight agent of tho Peunsylvanla ltailroad, when
that road was in tho first stage of Its career and tha
bfflee and depot or the company was at Eighth and
Market streets, Mr. Kingston entered upon hi* service
with that road as manifest clerk la
Mr. -Houston's dapartinout. This was In tha
year 1862, and since that time Mr. Klngaton
was nnlnterruptedly in the employ of tua
road. As Mr. Houston was advanced from position
to position until be became general freight agent
Mr. Kingston was appointed to tha office he vacated,
and when, in 1*67, Mr. Houston rasigued fronktha
office or general manager Mr. Kingston assumed
control of that department. Mr. Kingston was,
therefore, nearly twenty-eight years In tha sorvioa
of the company.
DR. ftlI.VE8TKR BIBLE.
The death, at St. John, N. B? of Dr. Sylvostei
Earlti, father of ex-Mayor Karlo, of qt. John, U announced.
He was born it) New York and was son
of a royalist captain in the Revolutionary war and a
descendant on hie mother's aide of the Polish patriot
Zobeiski. Ue wan several limes elecied to represent
Kings county, M. Y.,ln the Provincial Legist**
ture Hiid waa for a time a member ot tha gov*
eminent.
JOH* D. UK DO*.
Mr. John D. Lindon died on Thursday evening, al
bl< rttaidenua. Mo. fli:i Kast 118th street, after a long
illnosa. He was the personal clerk of folloe Juatlca
Henry Murray for ?no past six years, but before thai
time had beeu employed in polloo court work. H?
wax the oldest and probably the best known polloa
clerk in the .city. His knowledge of criminal iaif
waa extensive and accurate. Personally ha WH ft
favorite.
/; T, "':a i-'rut?'-.' : ; " \ > ,
/ , * . ; . , " ^ , t i