Newspaper of The New York Herald, August 10, 1855, Page 2

Newspaper of The New York Herald dated August 10, 1855 Page 2
Text content (automatically generated)

iu committee appointed, .u?>l tf any ?eat wan <Jfc - i . M ttod the Uj tin; committee. r~Z'i oupou sugoeeted that uiore delegates were *p Mkited m tome eases than ?houkl hare. boon, and Ufcre c ih^ir credential* should be cx?iuin* 1 ant *e portion. Mr V and wool. im-Uted that tho ere ieutlals should be a?tnn)ttvd to the chair lu*tead of to the committee. Ho Ifcuuaht the geutfeiuan from New York (Col. French) Was keo auspicious. He himself should he gratified to ^ more delegates for a county than it was real <-n *1*1 to. He thought that no reproach, bt> ^ther a 'ompliiuent, to a ^u"t7, told It was important that they ?V^nU ,?viini/jf, ?D put dawu an unconstitutional law I -roo_u tho J^uot Ki and they should welcome tho* whl, , delegated. mm matter what their n?P?j?r? \t vhls w. re th.' p.-lucl ?pttt of ?*clu?iTene?n *Rftuld govern here, they might go hou*e ajjJ teU their friends that the re quleuiof the cause sung. flm people wmt U> wt under ulandingl* bl'tore thej act oil tills question. And If a Viielrcs) or a thousand vol ecu from the connty of Onon were represented here, it would he a gratification to Ub, and a proof that thej ft It Uiu oppressiveness ol' thu tew. {Cheers.) The delegate* Liid route here. some of thent hundreds Of miles, and On the very threslihold of Ails political orguniziumu they were told there were too many of them. U it not the best plaeo to pr>4kt Mm ?rcdeutials publicly to tho chairman? 1* It noVhc liter than to go into a closet with a sort of star chamber)1 litis would manifest wtint of generosity, want of confidence, and want of common sense? the very spirit which bid dictated this law against which they had met. to act. It, should not 1st charged that delegates came here ini[ ru perly. There is no nomination to 1st made hero ? uo poli tical object to be served. Hut their detire is to iit-oer ftain the best way of ridding the people of this onerous law . When that was done he could go home an 1 tell his people that in Syracuse he had met a convention of geutleiaen? of practical men, in Syracuse. This move ment of the gentleman from New York ^lr. Kren-h) would be regretted. If his mmdor equals his enthusiasm. df.Tiecra and confusion.) Tile lirst .hiug ibis gentleman ?kl was to nominate, hurriedly und by vantage, their wry vx. tlvy president; ami tho next tiling they found htm doing was mo\ing tor a Commit toe on Credentials ? an uuasual and unnecessary form, lie thought, that the gentlemen from New York ajU Brooklyn manifested too ?trimg a desire to carry everything their own way. (Ap pkase and excitement. ) Colonel Kkk.\ch would not any longer Intrude on ilm ?tone of Ihe commit tee had uot remark* h<*ii thrown ont against him. How could the gentleman from Erie justify himself in sn)li>g that he (Mr. French) threw suspicion any one* lie had spoken of errors in the appointment of delegates, but they v. ere errors admitted by the geutle man from Alb.1. ay. It might almost appear that the gen Hentan from Kile bad been spe.ildr^ against time, ho bad am cften repeated his Ideas, liko him be wished for fcrgo representation, lie did not care bow large it was, provided it was real. They were both dealers at the bar, ?he only Jlflerence being that he (Mr. Ymiderpool) was a member of the legal bar. aud he ((Lionel French) u member of the liquor bar. | l-mghl< r and applause.) A I KiXiaT). from Hrooklyn 'thought that the principle tor which they met was the be-t. credential w hich could he presented. (Manifestations of applause, aud cries o ?wle" and question.) 'Ihe question was put by the L'bair ? that tho counties he calks] alphabetically ? and it u.ns carried. "Ihe Secretary proceiKied to call the delegates. On this county of Albuny being called, a member, Mr. Hendrick, inquired whether this was a temporary or a permanent organization. The Chair ? It is a temporary on?. Mr. Humquiik ? Then I hop. wo niiall V. > xcuseil from iiivwering. (Excitement.) A MlotnKR suggested that tho only question now was whether the member from Albany wii,' Ic.- iUy a detegat". Mr. HtNDHirus did not know whether they were proper b present or uot. The convention was called by the ??uot dcalern of Brooklyn and Ne.w York. T'hey ? the, other member" ? came as silent ?p?s !ators, deeply into ?eoted in the proceeding.-. It was for them afterward* to ooroc together, uot lookiug lor spoils or oillce. ( Applause and confusion .) If the cull is to l>e -iri. tly adherer, gbey should be but silent spectators. Col. I'liKSvii wa< gliid the question had fairly come up. He recollected ,-onie ten years sinc? when piou , religious men ? member* of the church ? who sold whiskey and vum, did not like to be called liquor dculi rs. lie knew it woh Very disagreeable for members ol" the church, pious men, to bs called liquor dealers. (Uiugbtec and ap A Mkwbkr called the delegate from Vew York to order. Col, FMCNm inei-ted ho wa? in orde-. Ten years ago, Hf he was remarking, th<- -?* pious liquor dealers, who were ia their association, ived them wheu they came to act. They could not trust them. It' they were .chained ?t their business, the politicians wnuld beamne ashamed ot them too. Au?l so in 1802, when they hud it great moot ing in N'ew Yorlt, they not, find u politician t'i ad dresg them, with the exception ?i' the lion. Mr. Morris, (fhwrj and applause tor Morn's.) .Another Mlium: again called the gentleman to order. Col. FrkmJH thought the gentleman. hai! no right to ealt him to order, as he no credential?. (Excite ?tent.) He himself . tood here an a liquor dealer. He entered the business twonty-M*ven yearn ago, when there 'were no cravens, cowards or ptuus people engaged in it. (laughter and applause.) At that time the burinesa was respe.-ted. He considered It honorable. If not, he would not he In It. This convention ?us called under peculiar circumstances. He had been invited to neet a party of gentlemen in Albany. wine two months ago; and when he went there ho found that the party wan to be u comprehensive one ? one composed of those who were opposed to the Maine liquor law. l'oliticiuus might safely support that party. (laughter.) Rut he did not want these politicians. They were to he ?u* pMted and shunned. This, however. Mas a convention onBed hei ause I he Albany convention refuted to reeog. wise the name or ?? liquor dealers." He hnd declined to act with thcin, and he wa< supported in Vow York and Brooklyn, with one exception. A Vkmhki: inquired whether that person w.v noL no* a jandidate for a political situation. (Cries of "Order," Anler^*) Col, Khrv.h ha.l nothing to <lo v? Ttli (hat. lie tfjs aware there were politicians among them. Hut when they came ht re, they determined to draw a line in the hand, and tell those who wanted to hung on hy their nhirts for political motives to stand ba.-k. He would rather haven lew resolute end candid men, than a tUon?aad timid ?nes. A rnUKtxn; from Monroe would here offer a t> w re marks. Colonel r oold first put the que" t;on, who tin. r "he was) a delegate to the liquor Jealf m' convention t The gentleman from Monroe would un*w< r that hy ask ag whether he iColonel French) hud c.*<sientiab<. Colonel Fhbuii declared that he hit hem in lus p<' i;et. The gent Ionian from Monroe eould aUo show hi*. He was not afraid to Is- called a liquor dealer, but, he did not think it neccaatiry to come here and got, up a us la** < JE OKvment. A Mkjimiikk from Kin;4S county would state that >.i w Yerk, Vlke other countie*. had more d< legates here than nhe Was entitled to, but these geiitlemeu did not claiiu to have seats. Mr. VampkhPOOI meant to l>e uuderctood, that where tbere were souk- counties entitled to ten or twelve dele Kitten, they should not be compelled to he from the par ticular Assembly district ? thai that each three sli tVd represent on?* Assembly district. A delegate from Steuben county - tatei 1 tJtat lie had ?eme at the solieitatlon of the people of hi- county, ami expo-ted to have met gentlemen and seen unanimity am ng them. "A bonne divided against itself cannot ntand.-' I.?t them, therefore, go on quietly. He had keen two and a halt' year* in the tui-dne-s ? he i^.ive up on the 4th of Jul} ? lie sold none since. though he may have given some an ay. (Laughter.) This was an oppreeelw ?et, and tt was their purpose t.i have it repealed. liie CttAis stated that tht question was on the motion fte eaense the count) of Albany from producing their credential*. Several member* objected and thouglit there ?,i< n>> ^uef ti<>n before the body. The .Secretary prix-ended with the call. The county of Albany was then called, but there wa* Be response. The county of Broome was called sllh the seme result The county of Alleghany wa* called with the like re ra?t. (Klank looks and niueh excitement? the (Thatr i Videntl) nenpln?se<l. | The county of Cattarauguc was called, and credentials were handed in. (Faces growing -'till blanker.) While the counties were being thus call' <1. tie re me a Cral movement towards the dt*>r, made by tic meue from the rural districts headed hy Mr. Mi'Qtuul) , of VtiCA. The ChjiK*A-V c.illed upon members to act as g?ntle Men. and sit down; or if not they might walk out. A Vofffr? Isrt iisslt go home. (Continued movement toward the door.) A member fi-oni KrJc? Mr Ttum? thought that <V)I. ?ench win acting, or w idled to net., di ftpottcelly. Got. FBK.\til insinuated t)ie member was not a d< legate te this convention. Mr. TrsCKV was as good a member ns be (Col. F. > w The two gentlemen sto<?l In an attitude opposite tn each ?ther on the floor, backed hj their respective parties, aud there W.w? much excitement. The OmirmjIm calle<i tb? convention to or- ier, appeal ing to them, as gentlemen, toconduct tben *MV"? pr" perty. At thi- time all the members Were on their feet e l>. 1 half of them at the door, (ireat eonfusbm and excite ?aent? ^ Convention In danger of premature dUrui tlon, virlent i-ombustion. or (tome thing terrible. Col. FOntr regretted that gentknen should -'ipiss-e he wished to dictate to the meeting. f>n the contrary, he and bis friend i were told that they were to be thrown ?vertHiaru. He Was witling when the name of the hsso viatlon w n nreservi d, that ? very man who came here t > attend the OmMtkm should be admitted. He hail only struggled to preserve tin ''r g,s>d name and if he had e\ hlbited any heat or anxiety, it was flhr that pnrp"?<- only He came here to conciliate, bat it was ask'tig t'*> u,u b to aak them to throi/ their ' ante ow-rboafd and all"? poBtidans from all yuait' i < to ei,n e in on then, i tp plause? <Jol, Freneh's lie-kors plo 'king up more s' irit, i Worganiiing a dial in- ! prty - r l ^u ir dealers in New lork they v?uld be a lialaa*? ot pow< and could mot any party Jl?ain^t wliom they ?)ir. w th. ir power II ? liev<?d that all >hn |?iiiti',saie> throughout thn <?t,?te when they ftnind thou unlt'd nnd. r th. r t-,,e name Vould seeg th'dr aVpport. It Was for ttn iii he li^no ?t.a'"r- ? tn <np|?irt fhrtee eandi'WM" nnlv t they Whig, democrat or ?llv' r grey, who epp"-?i to the ppohlbftery liquor Ian and hy ?tomg that tbey would have a tremendous r? ?.>r. i^t the >iu< -tion 1? looked in the face Uy . It the) strop it they ? onld excite the cont?inpf, not the |e i.f their enemies In eonetnsion, h?* urg?sl eoiicillatioii . I iqtMr dealer*, be jid, were the most teinpeea 'o men in the world, (laughter) md hewould not like to hiiie it L'n ?ut to the ?enr)>i that, they reet anil dlsptlted lit e eorumou politicians, f t ;<h id bunvM- ;i^'de appesi iog ) A Mmntn moved th?t .il here under the gall, provide.1 there he not more :han three fur each representative dUtro t i? Hilmitbd aa del< antes, |Al> j?lauae.l * K Cot. lltmilt liad noohj?s<tlon t>>tha The MK* aim Inquired lion it should I. - III f*JW' not Hq??r V? Cotenel F*HS'W replied that the cat; ,, f,)P . p cenvene<l only l^luf deatlers. AiflBtH HmW Inqnlrerl a-tw wi to).. r.,i, i,|,r. Ife .ior dealors. Md It MHhraeo > In I lk>uor a>l. JVrSfW replied that Those ? 1 jr mo. ????!?! imior srere reengnlzed as ij^wilf ItnV'". am irote?;tliat they *xiw jjcct titr? ut j i - >, .u<* it U"v J^m&nd -???*' jK) Committee on Credentials cxun'.ne u^y0' ? No adjournment." Co{ ..smawooi thought thin vti all out of order, ?r .. ftu-NCH withdrew the motion. ..fie ''all by counties was again commenced. There were but one or two response* to the dr^t dozen counties called. the credentials, however, of all who presented any, were taken by the chair. f't rhaps over one h.ilf of those who had at firs! coruo Into the hall had by thin time retired, Mr. li 1I.0KKT C. Ihu.v, of Vtw York, offered the following resolution: ? Resolved, That no delegate be admitted to a Heat in the eouveutlou who is not eiimiaed in the limner business. It was moved that the resolution be laid on the tabic. Motion r SjHi'lod. A Inquired w \o were compreheudotl in the term liquor dealer ? Col. iRtvi'Hittlcd that the term Uquor dealer applied to all who wcri in any wuv remotely connected with the manufacture or sale of liquor*, it taken in even the fanner who rabies the hops or grain, the maltster, 4c. A Mkviimi (Interrupting) (hovgbt 'hut all who did not wi|h to be governed enthely by < apt. French .should leave the Convention. (Renewed agitation.) Col. fWiv it hoped that when the Convention was regn larly organised there would be more decency, If not more order. * the Interrupting member hoped the decency would be hliown by tlir gentleman from New York, (Istiightcr and applause from the opposition bcnches.) Cries of "Order, order." Aere there was u motion of adjournment till 8 o'clock, and much confusion. Thi re huh another amendment offered to that motion, . that the adjournment be sine t/i>. The meeting was here in a direful state of disorgani. ?ation ? some members very excited, other* coolly smoking segars. Col. ikt'Mii hud no objection to this distfrneefitl scene being represented to the public through the press, pro vide.i the reporters slate Hint the interruptions came fn ni those who wi re tirit invited, < tppnuse from tho ministerial benches, contemptuous laughter from the opposition}. lho resolution was put and adopted. 'ihe motion to adjourn was withdrawn. A delegate from the rural districts moved that the de leeati s from other counties than those of New York and Brooklyn should withdraw, since no one seemed to know anything except Col. French. ^Laughter.) Mr. l'h'.vK explained thai, the reason they were so particular about excluding those who wore not real dele gates was that in the western counties there were asso ciations formed willi other men's liibnoy to come here and disturb Ihe convention, lie wanted to exclude these contemptible fellow;'. Col. Fit/. vi it renewed the motion to adjourn till 7Ji P. U., and that no one should be then admit' ed except he wits a delegate or a member of the p es?. A delegate from I-ewls county remarked tluit the Vow York i ml Urooklyn men wanted to crowd themselves upon this convention by monopolizing all iutl.ienco and by regarding themselves alone as properly delegated. iVies of " Order," ?? Question, " Adjourn," iter. Tho ? T lie (mention 1a> adjourn, wldch is before the body, is not debates hie. The question to adjourn till half-past seven o'clock I'. M, was then put and carried. XYKNING HE8SION. The Convention reassembled at 8 o'clock. They luid had their suppers, most of them, and had also, perhaps taken a good humored glass together. They came in in groups, smoking segnrs, and looking considerably more pleasant and mollified than when they left. There are hopes of a more peaceable session than that previous to their adjournment. An additional reason for the indul gence of this hope is, that t hero are not mote than a hun dred delegates present ? not so much as vine-half. They drop iu, however, one by one, and liitally tin v look neat ly as numerous as when tbey first met. Concord has evi dently been established. After the meeting was called to order, Sir. V^vto itfixu. thought tliat an explanation of what j occurred In the afternoon ntlghl properly be given. '1'liere wan a complete misunderstanding between the delegates for the various section^, as to the motives and ideas of each. Tho New York and Brooklyn men thought that the delegates from the rural districts wished to doprive thi n1 of their name. That Idea was entirely foreign to them. In his city, linii'alo, they had organised under a partieiilar name, and of course would carry on tho pro ceedings under that name. Tho members lor New Y ork would of course do the snme, and there is no bleu, of interfering with them. They itad been fighting shadow*, luif, now they had come to understand each other. (Applause and mauifestatn* of good humor.) Col. Frkvi also made an explai. ation on his side. Tiny did wisit to keep their name and preserve their {?arty distinct. It' the anti-renters, consisting of some IViWt) iiii'ii, could carry the election of Cluvernor of New York.Jwliat could not an association , trong a theirs doV He had always held that they could do more in prevent ing the nomination of men opposed to them Mian they could at the ballot Ikix. They, standing aloof from all parties, would always command an immense Influence. Tliey could go Into the urxt election, and bo sure that not one-third of Ihe iiieulotrs of the I .qgtsiaturo opposed to them should be elected, lie did not doubt that they would have such a name before the e let t ion com?- otr thai two-thirds of the eundidatt s nominated should Ikj itt their fitvor. (t'hoers.) Tiiuy now understood each othei , uud he hopetl they would go on liarmot iousiy. and tina'ly ettain success. (The rntrvt< cnrtHtU \i?v completcly restored. nod joy wa? iu every heart.) Mr. Ill"* vi: reported troiii the Committee on Creden tials. The,) had in-trueted tho Secretary to telte down the names of those who would present credentials, sud XCeommended that the t'tmir should put to each ol' these delegates the question whether or noL they were engaged 1ft 'I.,-!"' biifine.--; ?ud if answered .'u the affirmative they should tale itielt1 .Vaisi. . A count} delicate stated thai, there wci*e ?onK f&ullo men from Cayuga county, not properly credenti d, whu. neveri heless. should It! admitted to take their seats. Mr. Incank inquired whether they n. re iu the lit] nor lm sine-s * The answer was that some wert and somt? were not. iir., ,s Vcw ^'ork, sitggi ^re.i that tlte namea ol snrh jicr-.ois la' callcl ?e|mrat?ly, and ,hat thi j be iu quired of. Some explanations took place as to the business of tbe gentlemen in question. I ne titndiy of opinion and g'.sai feeling seemed to be prevalettt. The operation of calling the names of delegates wok (hen gone through with? the delegates r-tuiiditiK on one side of the hal'. and answering whether (lev Mere engaged in the lienor business. TWe answering "Y'eV were pi r initted to lake their seats. Ott Mr, Trany, of Albany, b' lug call"!, and questioned ss to bis being in the llq uor business, he at lirst reisisetl to answer, oti the grtmud thai some of his ablest cel IwiguesWi'ere not in tiie business, and would, under this rul". he exeludeo. We finally, however, admittt d that he was In the lioupr lousiness, end so he took his seat. The rest ot the del. gate- answered and t'sik their s' aia quietly and good humoredlv. The npei'ction of ''atUnK the names ol the didegat'M oc cupied the etm rent ion till 9 o'clock, there were no re jeeiimrs of uieinlH'rs; even double sets were adinittul i troni tnte of the Sew York tils.* rlcts. There weft some ilelegates present who wem not liquor dealers, und the quest i>)u -tiruug up as to admitting them. V IlMDcvn moved that all gentlemen ?icicgatcl hy liquor dealers -hotild !?? adi'.ittid, provided the number did not t-TriHsl those to which the dlstri-t ?..s entitled. Mr. OKANK, ol'New York, oppoxed it. a- it might X" well a matter of stispieiou th.'t js rsons not liquor dei I cr . coniing here, might have ivim politieal ui"'iv'- for lle ir letlon. It appeared however, that the gen'leman from - M.t t*)ga. about whom the questien rose, was inter' ted io th" liquor business ? engi<c:> d in it ? but would nut call himself a liquor dealer, lie' wis admitted. .-'ey. ml other (j. tit It men doided I elnj; liquor dealers, | on the gro.ind that they had gi ? u over -i lliug since tiie 4th of July. ' hroiigh fear of the agents of the Carson Is ak'tie. 'Ihis. howeter. \tas "teeioed to ltC a distinction wi'hont a dil 'reuce, and such gentlemen, of course, tisili their seats as delegates. Kittnlly. "II opposition on that gron i I v is \ ithdrawti. the? luinbt rionri w is admi.te<l toitsvt and Captain .la toes Turin r, ul .New Y ork, a-.ts ? <mtl!e'!:tted on tbe filatforin. I hi following i a li?t, of the delegate# ? Ito w ere pr> at and took part in. ihe prts't'odingi of the convention, vi/. : ? 4 Ibany <mtnty ? Jehu Tayh e, .faetib lh lnrlcl.oon, Win. iktvis, .lohti Kvers, John Tracy. I'rit n t A. Andrews, I. u cius Brighard, YVm. Weldou, l*blllp IHtnn, H. \. Veaxie, Juri . Charles Ashley, W. 1>. Herricfc. Rn*m* enmity ? I. ft. White, J. H. lewis, .1. K. Rro lllr. i 'Vmtfj'j/ noMii/v? W. I?. R..vl?. thurfliHut nmtttjf ? W. P. Cupvlaii'l, Imuvc 1 >iltvhil?l. C. K"h lor. /?? '/< iwin't? ii II Hotitli, V. Palmer. * fc I ' ??? . Hi, :-0V ,'\j ? l.yjnun Knapp, II. I.. K?w I' : J. I'. \tw i,-n' ? ? *ihi lit i ? Rnlr rt !*y TH>r, W. T). Ijiw ran**, .Inn. I'hapm iin lliraim l'n't Xtim* Sjh nn' . II. l<uvis W. K. MtMmiir'. Pbhiii Mi Nawrhti'ii. <1. Ki Uopjr, (I. KdwIm, .? A. Wllnon. HI KNIi. Ih rkimt cni/n/y? .IhIiii i inl'ti i' .li.lm B. I luvlic, W. O.ipmnn Ki'hf ? Julio r. Ijunr-i?i'. I'.lwiirii K. CvlUnn, T. Tojabw, firti. It Kilty; A. A. S(yt r?. A. .1. Marri/ton, Jnhu Rii'ki' y Is*' i* rtif/.l''/ ? Ttiiw. M. . In Mini. Jan. I'"' lio, 11)1 mail Atvoo- .1 II -ht'Mnn, R. li "tpyrH, Is >1. Vinunotwr II. Ofrnui, J. H?ml<\v r. C. Farit r, DarM ."Htlluian, ? II' I .Inn* - ,Wmi.''b"?' r / f??iN/v ? J. -iimII .!? Ii'i I linl. I!. It. \laiu-, Far* l r.? 1 II. ?. n?. ,Xr\n fork ' ?V y. ? i'. W. ranuplx'll Oa?*li|y. .In . Wd ll****. II. Mn"T?7, I.. -I. Uiii'Tj. )!. It KnlriW, I II King, fiMi. 0>t, J, nn . i'"- u ii. r. ??. lif r. w. Srhnlfrr, .1. Hj< r r i -.? #n , K Rwilli, M. M II Vit n Wl?rn. .1. Ilia' kln> ii II. Jk Monti,' mi iy, .1. II. Wl'lii ui IhMi V. Fnriqr. A >1. A. K. Hrowi., F?lt\;nl -J1nrr\ . fii|h>Tt r. II K'fil, J. I.. I ilitwim. II. < iniptilmik, M. Twmwj . John Ili4l, 1 ? v.-l< K??llv?Johii W. .1. !?, I'lMHi'-lly, <!. Rayiior, 1 1 ? . M ijrl.m. ianipi I ill y, Martin Wi??cnrr. il ?? ' ? > Rri-.l, r. i.. Tiiy I ir>r V. Rih'ii'', Win. Pnrnan, Wui. Tupp- n. I.. Mtin?>n. I|?nr \\ Vatiu<\ Cha I'MMicM. .Ihihm Krun V illi h i ,u< Mumhlll. H. Krlly, J. II. Mjvr>, V. Hmith, I!. 1 1 ? n Ii .1. II. IlnniM. ' 'Ilrnt'1 ' ,)*!, ,1 , I VlM'l. , ,1. *. Ill0l1l| I'. MdTai'il, M M''linrl?]r, Jiihvi r. Kcttiilf I*. Krywr. M. McVhioIi 'Tin*. Konk *1 Morrt*. Ihf'in'lttffit rmtaff il. I>. V?rkrr, J. tUrhfP, .1. U. John ?win. i . K Willi. hi J. II. S ?nll|< II llillilw, II. W. ' I'-' 1? i' l 11.11 Fjirli W W. .-.v.-, J). Mullm ... I Ilrnii W?\ , II. Klrijf-*lr\ . < "a n' i ? 1 f,.w, r- . J. llnin"H- . V, .**, Mil Hi y. KfDM-Hil ?? ""'v- r - Jiini- A. Vniv ??! Iiii * I ."?? >n inr. ""in/'/- * \ Itiinur Sh'i/lrr,, I J Tiijli.r. VI Krcri-. I. li h' <t' r i*' m at i. i. i. ..ill.: J nt ?? ,t" \ , ii. v, if, A. Hi-nkM, Cbaa. Mnlilwltl. Aiiw a hell. Hu hnril f.inrjr Cnlmnifh Miiw miiil'f-.l?fph ('nylnr. ? Ii. R, |.;i -.?t n . H. Mi.n H?<.k, I'. i; Hurniy, W Hnitau Mur.i' "Hi' 'j|? A IL.i Hmol. r. A K'i l , Mr. K. A. Bwtci. of Xew York, m??ed that a ootqmit | te? of Ave be appointed for the nomination of permanent oB eers of the organization. H*ai moved, &? an amendment, tar Mr. Boom, of New York, that the committee constat of eight ? one from each judicial district. The motion as amended was adopted, and the Cbair wan ui'horized to nuke the appointment. Cel. Punch suggeifted the propriety of the gentltmen re presenting judicial districts appointing their o*ra com mittee man- He made that motion. 'lhe motion watt agroed to. Ihe following gentlemen were thus appointed *uch com mittee:? Pint. 1?? Christian W. Sch.i ffer, of New York. '2? John Ruckle. . , of Kings county. I', S. Mallory. 1 ? John Golden. ?i? Michael McQuode. ti? James Doden. 7? W. D. Skldmnre. 8? George J. Heed. 'lhe convention here took a recead of fifteen minutes, and, after tho re-assembling, the coiuniittco reported, through Mr. C. W. Scbafler, that they had made the fol lowing neiuluations:? PKRM.OBVT nUMIBt. Mr. LYHAX POWERS, of Troy. villi nuHtiie.vTH. X. R. Hunce, M. MoQuade, G. R. King, Hiram Feet, John Golden, 1- S. White, C, Kemper. tiHCStxiuw. ? hrlgtiuti W. Schaffer, James Mvn. 'Hie question was put on adopting the report, and it whs adopted. On motion of Col. French, a committee of two, con sisting of Mr. French, of New York, and Mr. Davis, of Albany, was appointed to conduct tlie President to the chuir. That operation having been performed during much applause, \lr. 1'owera took the chair and addressed the convention. He said ? Gentlemen of the Convention, this was something which 1 did not expect. Rut at this time I will briefly return you my most respectful acknowledgments for your confidence and support, and 1 shall ever bear in grateful and la.fting remembrance the feeling that you called me to preside over this deliberative body. 1 will endeavor to perfoim that duty with that degree of impartiality which will secure your good opinion. Xo matter, gentlemen, under what name we associate here, we are a convention met for the purpose of opposing a coercive Prohibitory law. (Applause.) As far as I am concerned I ant ver fectly willing such a name .should be adopted as '? the l.iquor Contention." Wo as citizens of the city of Troy hail under the name of the '? Rensselaer County Protec tive Cnlon.'' We are satisfied with that name. We are pleased to learn fiom the gentlemen from Erie county that they also had a constitution and by laws, and had adopted their name. But at any rate, gentlemen, we come here for the purpose of cementing that harmony and good understanding which I trust will ultimately re sult in the welfare and prosperity of those engaged in the liquor trade. (Applause.) Mr. C. W. s8* iiAVi in taking his post as Secretary, said . ? Mr. President and Gentlemen ? The duty of Secre tary I have always considered important. I have occu pied that position in many bodies; but I never in iny life had the pleasure of presiding over a mure respectable, determined, and honest body than this. For the honor conferiud upon me 1 thank yon, and 1 will endeavor to do my duty in the position you have assigned me. (Applause.) Col. V hkni u moved that a committee of live be appoint ed for the purpose of drawing up a system of organization for the rotate. \n amendment wu- offered to make the committee eight. This amendment was opposed by Col. French, on the ground of the delay whleli might occur in the selection of one from each Judicial district. Mr. Vashrwooi thought that the necessity of this com mittee was obviated. The gentlemen of X uw York hail their i convention. They till appeared here from organized societies. The country members bad all organized under i Mr. Taylor. His idea was that it was better to let this organization rcinnln u- it now is, and havo a committee of resolutions to ask, it they choose, this organization to work us they are working, and, if necessary, ask others to assist, them. It is now but a few weeks before the elec tion, and the committee have been at work since Juno last. It' the. ? resolutions be adopted they would hare duplicate committees, lb- considered it perfectly sujs'r fiu'ius to appoint a committee for this purpose. The city | of New York would, by altering the organisation, hurt the other portion of tlie State, anil he submitted whether they would not lie doing a radical wrong in urging on thK new organization. What was the use of getting tip such an organization? Let them lutve a few resolutions if they needed /iuy, go home, und they Would, he thought, have no difficulty u s to the result. , Colonel Fkkvcii had imagined that they had uudcrstood each other; hut now he found they did not. He hail no objection that tho parly under Mr. Taylor should go on as they were going. Rut there won one distinction be tween the two. 'Hint organization ? a country one? was a general one. uniting every one opposed to the Maine law. TheiiS was to have the liquor Interest exclusive. In the loi mer case there would be a grand struggle as to who -would get the ascendancy in the State (invention of parties, and It would md. do to see the member* of the Uqtior Dealers' Nssoclation prominent there. The result would be that the weakest party In the State would get the ascendancy. Are men struggling for their property to |ilace their interests at the mercy of politicians? fhey believed thet they must rely on themselves, and thou the politicians would run their shoes off to aid them. Hut if th>'y identified themselves with any political parly, t he op posite Jwrfy wonld struggle hard against them to defeat them. T1 ley believed if the convention of liquor dealers were culled on to make a nomination, the-e nominees would he looked on ?? Interested in their principles. Xo party, however, would hazard their chances of success by nominating candidates opposed to them. If tin y kept their association distinct, their bal ance of power would be complete. He thought I >t unnecessary to hazard the interests of the I v'"rv for C"Ul!t!' ?" I'Mfh then,' werv only five or ' six iKjtior dealers. They were of no conseqnence In (he result. Their strength Jay in their concentration. The gentleman troin Krle (Mr, Yanderpool) had said that t.n.ono majority for a meufher of As?etnbly in (be city of \.-w Voi k WW of no Ml oiler* than a majority of 'JOO In a county. He admitted that. Hut these large city ma Joritle. would always be ready to concentrate their power on any single cundirtnte. ? What condition, he asked, would they liave been in If they had not. bail an associa tion in Xew Yorkt When they came to (his elty there WM not a single ha r open. They soon got the hotel bar opened at which (hey stopped, and now, after being (wo days in (be city, there were, be unders(ood. fifty burs Open. (Applause.) This apathy und dread was because there had been no organization of liquor dealers here. Jn New York, however, oy, intc to their organisation, they could not prevail on the ('arson League agents to prose cute them. They had been Invited bv Ihe league to friendly suits. 1 heir opponents hud even expressed their high regard for men whom they formerly called murder ers ami poisoners. Hut they deemed that the proper place to meet them was tlie ballot 1h>x. Mayor llall threaten! d to call out force to compel the closing of Isirs in llroi U.v it, and would perhaps have done so but for the organization that was formed there. So he would sny. let these people iu the country carry on (heir organization ll they choose, but let ilieui not disturb (he movement In \e* York and Rrook lyn by merging (liem in the general association over which Mr. Taylor presided. That organization could not be very complete, l'or instance, the towns alooir the railroad, where they had topped, had no! known of this convention. That proved ihe incompleteness of their or ganization. Kven I'tlca had not known of it. They might go on as they chose, but ho (Mr. French) thought that the very nuinc of ? liquor dealt rs' association" would effect inore koihI than any other organization under any other natm; could. In 1 S.VJ, us be had said before, when the) hi. no organization in Xew York, ami when tho leu. peranee men wewt organized, they could not get a politician except Robert 11. Morris, who dared to come forward and address the meeting. And yet, in IfMlo, the public opinion had so much changed, through their or ganisation, that the polltlMans w< re anxious to take a part in their movement; und that was bectuite they had a re gular organization there. He would throw no impeilimcnt in the wav <>f the country members, but he hoped that they would throw no impediment in (he w.iy of the city members. Mr. I.?M;.fruT. of Kings county, thought they had met to form a platform, and that they could surely hiriee on on<* common platform, and go on one common prln I iple Mr. \ *\fiKK?i>iit replied t* ? the remark* of Mr. trench. Av t>n elei tlon iti 1X.">4. hi' aahl, n< ? t wit li- f n if H i ijf the ur ifatilratiou in War York, a Malm I.ii|Hor Ian mail was i ll '?!< 'I for t:i vernor nl tin' t ? t ? ? . M r Krkni n would leiuind the Iff titleiiian that Hit* ciini' ii wn- nut finned 'ill IVctmler. 18M. Mi \ ?\ni riimh. thi'iiL'tn that tin- organization under Mr. Imlnr ?tumid nut 1? Interfered with. I he object it ??. of all nt Itt'iii t<> have the niir"ii-tltutii?ml lim repealed. Hi hud tli n {tit Miit all thi? ii llei ii ? . diltleulty ?a- at nn end, nml that they dinuld '** allowed to <t" home and cat ry i.n their oiiranizatin a- they commenced. lie wi?hed the i|ne?tiiin lie put. Mr. M'V in', "i l tii\. , ro-e t<i n\ pints ? in re?|?.meto a Ti'ina i k H M . I reiich'-- thir there had i*en hii i t /a ' ii iu I ticu ulnee June lift. Mr. I >??! kt had no objection thai tt?e Vew York and Hi ni kU ti nn n huuld t.ike th? lend In thU organization, hut il <" -jht they "hii'ihl nut 'ill' tat I.' to the intniler* in j Ihe cm nlty. It would lie injtiriou* to jiurne the -an^i py>t6ui 'tn Miirh' tit hII the Mate. Mr. 1 Ki: .' tt Informed him that they did n"t de-ire to have :i Miil'Tin -yntiiu of operation throughout the Mate. .Mr. Hl?.l.KT re?i.m(il M? temovk'i. itatlntt that in the count y they mi" ? tippi fted liy men notl'qimr dealtM-. ?who had a" much interest In opprednff tlie rueirlve law n- they had then ?elvo?. lie did not think it '"iirht to c .elude thrneinen from rendering ?*.-i-tance to the ranee. ('?il. ri r. marked that th'/ lind hcea .iIm-i, v-inir tin ri |i"rt !m tori' it wn- n ide. They hnd tieen tljfhl i nj? ,d.ait"\v.. ?Ile trti-ted, II- they v*- iiil lei* jiiterr.-rc with th. o.i t:iti"ii? of the iviuntiy ? <??. t ?? r - . tin;, . the ...tintry ?tea It i would n't int ? toie with tlr i.-. Mr. \tiiMTOi*KliV M.onjfhl that math -it ?nnM much expedited If ihe committee > i ?? ;i ppointed a ail t . . ? ri *i? lilti- ill J | ? i ? 'I. I ...i|io- i ti i?a- lir.-t |iut mi tie' iitiiendiin ai . which vm-Mtj til. iinl the nrt^nal tool ion i fur ? i t , ; tire i * i- ndo|ite"' -O'J to ..7. i \nplau. ? i Mr. M tjr*i>r. i f I'tlcu. ln'|"''t there would l? no ?ncji nmiilti'-i ition ot feeling. They )uh1 enun ln>ri e\p. tiiiK :? ' ?? i' * i Ww Y",k nn ti I" i?riy mi their inii '/atii .ati.iii nd h"pitu; t?i I*' lift to earry out theii , ?n. The I're-ildent ?m authorized t n j r "int tin- i ..thi, ill tee .111 a - -tern of nrmmirathm. and. naTint( at tir -t n eliiii'i) he nominated for the I l>lirp<~e tin n!|."< Infl 11.1 ioe-1 trctnlctncn vir.: ? M1--1 . ??? 1 11. \ ,rl ; rpimi, Myer* Ftlti'hie and I'avi*. Mr. V.iMiltufail a-ki i| to lw e\eii?ii| ?n 10 m ?f iD. di?|"i- t "ii ainl ti nt In fl i lire. ,ily 1 meui'iei m . hi r ..?tf iiii/at'on and In hi- pliiei >1 ? . .?t? |?li?'ti >, liirn. of I Men. ??? nominati-d. Mr. Ittv alio h -Kill ti. )*? eti n-i .l. (,ti the uroimd ; hat he ??? already a member of ?i,utlier i.rtr.ii i/.a :o 1 ^lr. f nr\<tt reirretteil to llii- h< .itutiry 011 the fmrt n( the ? oiintrT irn'mtwr ?. lie itio?ed that the \ote -lionkl I e T'V-on?ideied at'd he then lo'lllil nV'Te a -e ??- . >f rtioi In tint I - wbieh would otiflate the ne 1 .-iiv ot notui natlnif tlii? committee at al^ He aim hni t to <re tlo- iii !iii? e\ hihilel. Ve? Y"rk hud aloayn I by thO' iititrjf ne mlierj.. Ihey had n'ine n|? here t" help lliem. not ttfjw - 1 'tv i The, cvuM ? '.iilun ti/ ??; 'kai ;h' ) cvtttvl ion fell the nomination* of the politic*! e?Ddid?te from Sf York for tea veurs to cmne. TbaPBBBODrr thought they were all ins?p*rab'y con" rt ted. The country part* weie in moie danger the r y; lu Troy .here was not a - ingle tavern eloped, tor a n/-ie prosecution under the law, while in thecountry arH they were all closed. It was ho throughout the 'a e. They might, therefore, depend upon it that what wi . the interest <jf New York and Brooklyn w*? the inter# t o the whole State; and <> tiny shouldhave unity of pu po*". Mr. Bbii-TT thought that the country dele-rations were not properly understood. There was no opposition t ? too New York and Brooklyn organization. They <K<1 not Want, however, to be trammelled by the part'i-ttlar phms which should b? Adapted in the city. Other localities were differently circumstanced. Col. toru remarked that the gentleman would see there wax in the plan he should submit a provision for distinct rules fiu* distinct localities, wherever it was deemed necessary to adopt them. Mr. French'* motion to r hh then put and carried, and the motion lor a cdtfifnttee of live was then withdrawn. Mr. 1-rkmh then read the following plan ol' organiza tion, which he submitted to the opinion of the body: ? Whereas. a crisis has arisen in the political history of this country. In which a ttutunatloal, intolerant and bigoted party has assumed lo govern the legislation of the coun'rv, liy a union of Church and State, and thereby wnge ludl?erhulu tic war against constitutional liberty, regardless of the In ilienable right* <il "life, liberty und the pursuit of happluuno," asser *'*1 by die Immortal patriots who stoned the Declaration of liul'i pendence, which was established by the sacrifices of our ances tors in tin' Kovolutlonary war against tyranny, and bequeath ed bv them to their defendants, w ho ran only sustain an 1 perpetuate them by that eternal "vigilance (whlcu) 1* the price of liberty" ? ih'retore, '1 he liquor dealers (Ineludlng importers, hotel keepers, brew ers, distillers, saloon keepers, jobbers, grocers, bottlers, makers of elder and dealers therein) of the rtta'n of N ew Vorlc, represented In convention, do hereby resolve to recommend o Uiose engaged lu the H ade hi sueh counties where they liavn not organized to proceed iniuiudlately to form associations therein, for the purpose of resisting all assaults upon their per sonal rights and liberties, and for the proteetiun of their pro jierty and their character from Insult. The members thereof shall be required to mutually picjlge to eaeh other their sarred honor lo ,-upport all candidates for offieo whom the respective county societies may nominate or endorse, for the protection of their constitutional rights and liberties, as liquor dealers, apart from all other political party organizations whatever, and also lo support all candidates. for office who may be nomi nated or endorsed by any convention of lliiuor dealers of tills State, or of the United States, which may be convened tor the promotion of the aforesaid objects, provided that the various cettnly societies shall be represented therein. And they do also adopt the following principles of organization for the con sideration of the county assneiatlons, the details of w hich may be adopted by said organizations to suit their respective local! ties and attending clreumstanees: ? 1. There shall be an organization in eaeh county of the S'ate, to he known as "The Liquor Dealers' Society," anil comity conventions which may deem it expedient, may add, "and of others pecuniarily interested in the trade." & The county societies, whenever they deem It neecssaryto organize central convention* lu their respective counties, rn iv do so by resolution dlreetlng the members of the towns, vil lages, or wards, or all of them, as thev may think proper, to form themselves Into committees, ana to send three of their number as delegate* to said eonvcnlion. 3. Where .Senatorial dMrieis are composed of more than one county, all the couuty conventions therein shall constitute a Senatorial eonvcnlion. 4. No Stale, county, town, village, or ward convention, or organization. ^hnll nominate candidates for office, or endorse any of nunthouiurty, utile** it shall he necessary to defeat thu election of candidates nominated by the party of eoerclve pro hibitlonists, or those lu favor of their principles, lu ?lilch msj the strongest eaudidatc who may be opposed lo any prohibi tory liquor law whatever shall be nominated or endorsed with out regard to h!s party politics. it shull bo the duty of members of the liquor dealers' or ganizations of 'his Slate to be vigilant In ascertaining, and re porting to thi r r q.eetlve societies, the ritiuies of those in favor of the principle., of the coercive prohibitionists w ho desire to bo nominated for office upon which roporl said societies shall use ail honorable mean <to defeat their nomination or election. ti. Any person engaged In the liquor business, or pecuniarily interested therein, and of good moral character, may be elected a member of the county society in w hich he may reside, by paying such initiation tee as maybe prescribed by them, and signing the eon-tit uilun and bye laws Including 'he pledge, hu no person other than a liquor deuler shall be elected, unless there shall be a provision In the con ->i Hut Ion of .said society pro viding therefor. Mr. McQtUDK wislteil the words "Church uuJ s'tate," in the prenroblP, to be stricken out. Mr. Fbknch had no objeetion to that. 'Ihe resolution was ordered to bo read by sections. The preamble was read. Some members were in favor of retaining the wonls, "Church *hnd Plate," while other* thought that the church hud not so much to do with the matter as out and-out fanatical loafers. Me. I'm si consented to strike out these objectlouablo words. 'I lie preamble, as amended, wa* adopted. The resolutions wore then read by sections and ad ipted, vud the pteaiuhlo and resolutions were adopted us a whole. Col. KttKviu then moved that a committee of three be appointed to retire and report a committee of nine as a State Central Committee. Tlie motion was adopted, and the following named per sons were appointed such committee: ? Mr. Dean, Mr. Toynbee and Mr. Mallory. The committee reported the following names as a State Central Committee, viz. : ? It- French. New York, I. J. Tajlor. Schuyler. Itnnee, do. Stephen S. Thorn. Oneida, Win. Myers. Kings, W. T. Veeder, Chemung, J. F. Simmons, Iteussehier, O. H.*Booth, Dutchess, Rzru Tueli. Montgomery. liie report of tho committee was unanimously adopted, and the foregoing persons were appointed the State Cen tral Cermoil tee. I n motion, the thanks of the convention were tendered to Hie president and officer', and then, at 1- o'clock, mid night, Ihe convention adjourned tint rfiV. IMPORTANT OPINION OF JUDGE DEAN. I'oiniiKi kpmh, August 9, In ihe Supreme Court, to-day, in the mutter of the ap plication of John Johnson for a discharge from arre ;t fo. n a Hedged violation of the act for the suppression of in einjicraiiee. Judge I'enn delivered the following opinion, t contain* i".vr?l iuijMrlnut point?: ? OPINION". 11c prisoner *.t; arrested on a warrant issue.l by the J.'ecorder <>f this ?lty, charging him llli a violation of the act o! April U, 18.'i5. entitled an act for the "prevention of intemperance, panpcrl>ui ami crime." When taken be fort" the Kecorder, lie demanded that an examination, an In other criminal cases. should be hail, which was re fused. lie Dim offered to give good nnd sufficient hall, and such a a the Recorder vrouM approve. tor his upixur unce at the next criminal ronrt having jurisdiction of the offitnce, anil in which an indictment might lie found. The Reoorder refuted to take liail, on the ground that the net in question diil not permit the prisoner to give bnil for hi? appcarence to answer for the offence charged at a Criminal Court, having Jurisdiction of the offence, lint re quired him. the Recorder, an a t'ourt of Sp"cial Sessions tn proceed with the trial of the ease: whereupon the prisoner presented hi* petition to nic for a w rit of habeas corpus to inquire Into the cauacof hi* detention. The l*rohlbltory act, m it is usually termed, contuins twenty nix section* ? some of w lilch are long, perhaps unneces sarily so. The design uf the law . together with the means used to effect that design, are alike novel in the legisla tion and jurisprudence of this State, and it would Is' ln (icMl stange ir tin- zeal which has aucceeded in procuring tho pafxage of the law, which promises to "prevent in temperance, pauperism and crime,'' should not at some jailnt luive overstepped the bounds of legislative power, or failed in using language with sufficient precision to withstand the searching criticism of legal learning and prolessiona I acumen. If in any instances the former has occurred, it is the ?Inly of the courts to restrain the operation ot the law to the legitimate boundaries prescribed by I he constitution for the exerciae of legislative power: and if its framora have anywhere tailed in the use of apt and precise lan guage to express the true intent of the enac tment, it ia also the duty of the courts to point out the defect*, that rabaaqucnt legislatures may provide the remedy. In tho rase now to he decided it is only necessary to examine and construe a single section of thia law, and whatever conclusion is renehad. It in no manner affects any other portion of the act. The right ton trial by jurv? that is, a jury of twelve men, selected by ballot from the bod> of the county, and cmpennelled as in other criminal eas< a? is what the prisoner claims. This right is denied by the prosecution, and Instead oi such trial It ia claimed that a per s?n suspected of having sold intoxici^ing liquors in viotnthn of law. can l>e arrested and without any examination of the complainant and his w it ne- -c- * it hi nit any indictment, with no ?peci(]c-ition except the general I utement contained in the complaint ran lie compelled to proceed to trial before an inferior magistrate, with at but a jury of six men, and if con Ticed can be flneil and Imprisoned, and di-qualitled from acting a- a juror upon any trial under the provisions id this act. If I he law is as contended for by the prosecu tion. then the trial for the misdemeanor creiljted by this statute i? on a different footing from any other, for it win not pi el ended on I he argument, but that a person charged With an) other offence triable by the Court of Special Sessions might, if he chosn. give Imll in the tnanuer In which 1 he prl'imerproposnl in this case. It the right exists I must take the ball and discharge tho prisoner. If it does not, he must lie remanded for trial. There is probably 110 one subject which has l?een so jcnlously guarded, and so uniformly lauded since the date of the celebrated magna charta, as the common lav right to 11 trial by jury. ?0 Important was it deemed that it was thought necessary to ma):e provision for It In the tuiidamcntal law by an amendment to the federal constitution, which is in these words: " In all criminal prosecutions, the necused shall enjoy the right to a I speedy and public trial by an Impartial jury.*1 Thia ap plies io all offences cogiii/jiMc in the federal court* ? so by be Bill of Rights 111 this State, It Is declared. " In al eriiitli al pro-eciiHona. the accused has a right to a st eevlv and public trial by an Impartial Jury, aw* en titleil to he informed of the nature nnd cause of the *cCU fallen. *' The constitution of the St at <5, us adopted ill provides that, " rhe trial by Jury, in al C4I-" -s in which it has been bent. dole usisl shall remain Invlolato foreTer. " .tuilge story In hi? OMmuentarles "ti the Conatitutlon, vol. ;i sec. j .773. *?} s: ? " It i? hardly necessary in tbis place to <M atiatc upon the antiquity or Importance ot trial hy jury In criminal r if. It ?;i> troll! Very duly times it. slsled ?? by "nr am-estor- in tj? parent country, ?s the gr. ,t iinlwiirlj of their civ II and liberties, and matched uiihati unceasing jealousy and solicitude. * * When on> Ino* e iniuie<ifate ancestor? t' tinted to AliMrica, thev brought tills gieat privilege wllh th"iu as their birth right 1 nd Inheritance, as a )?irt of that admirable com mon 1 iw which bad fenc, 1 round and lnterinned barriers tilt every aide aga inst the approaches of arbitrary jmiwi r. It is now Incorporated Into all ourStete eoujitutlotis i? 1 tight, and the constitution of lite l ulled States would have been jn?tly obnoxious to the moat conclusive ohjeetlon if It nnd not recognised and eetiilt ined it in the most solemn terms." rhls right, therefore, having la en laid of such vital importance lor -o 11, any centuries, would not ho relinquished without a struggle, ami cannot lie taken awny by an Inference drawn front entWguinis or doubtful winds even If the I ? gislntttri p< I the Bp sir. Rut I hav, no hesllu thin lii saying that, a* In lR4rt. the time of the adaption of our pn-ent CQQwtit lltlflfl, the person secused of a mls ?ii meaner. "i whatever grade, l ad 11 light at hi* election to ; trial by a 'Ominon Taw jury ot twelve men; and it that ' nri-til"'1"" whlek i? the fumlrimpTital l.iw ? tho perinunrllt will of the maje dtv? ?le. I?rcs (hat ? thetrial I \ 11 ry in all esses in eliich it been lit re - lol'ete usiil, shall remain inviolate forever." | the Ijrgialature es prohibited front depriving e fw-r-.m ac cusvi 4 .1 ctiwiMl vffmcc 01 lliv 1 igbl tv a U.ul t^ ?u(l| ? Jur5> oooifquently, that if this law did, in cxpresj term*, d?iri<rn the accused of such right, I would hold that portion of It void, and to be disregarded by every judicial tribunal. But the conchuion to which I have ur- j rived on the construction of tho section of the act on which the prisoner wan arrested, render* ar.y further dis cussion of thin point unnecessary. That portion of the fif h section of the aet which bear* upon the question raised in the present cane is? % 8. Every jusi Ice of the peace, police justice, county juJge, city jud*n and. In addition, In tlie city of .Vow York, the Be ccn'er. t'lly Judjre, each iusllce of 'b? Marine Uiiurt, aud 'Jie jiuilres of 'lie district court*, and in all cities where there Li a Recorder's court, the Recorder, -Jiull have power lo ls-tue pro cett h< ar and determine charges, and punish for all ulfeticcs arl.-iii? under any of the provision* of thla act; and liiey arn each l>erel y atitborlied and reoulred to hold court* of Hpeoial hefi Ions for the trial of such offence . and under this act lo do all o'her act*, and exercise ibe sameauthorliy ihat may bo done or rxerciMsd by justices of Hie peace In criminal eases, and by courti' ot special kp.-i-Ioiih. a* Ibc same aro now consll uted; and the 'erm magistrate, us Used In ihla act, shall be deemed to re fer >o and include each ofllccr named In thla section. Such court 01 special sessions shall uot be re<|iilred to lake i!tu uxa mluailon ol any pen-on brotmbt before it upon clmrge of an of feuce under ihls act, but shall proceed lo trial as soon thereafter an the complainant can be uodllcd. Fy thix action the magistrates luuncd have authority to it due process. to hear and determine charge*, to pun th foi otlences under the act, to hold courts of special ?es.;iou* for. the trial of the offence* and to do all other i ct.< (but justice* of the peace may do in criminal ca<e*, nil cxerci. e the same authority that justice* if tfce jeace nnd courts of special session* luay ueicl-e Hut it confers no new powers upon courts i f spccial ?e?sions. This gives to each of thM luajU tra es t' II authority to have an examination as in other liiuinal cafes, to detenniue whether there is probable ? a< se lo hold the prisoner for trial or to demand hall. A ml I Co not see fioni this section how it can lie held that the ptisorer, il he does not elect to !>e tried by a court of s[e in I se siors, can be deprived of tho statutory l&vi-ion permitting an examination of the complainant r mi 1 Is witties.'es hi each case. The only purt of tlio sec ii n wl.lcii can be supposed to take away tho right to tl.iH examination nnd the right to require the magistrate to discharge him on giving ball. Is tho billow ing sentence: ? "Such Court of Special Session* stall not he required to take the examination of any person brought before It, upon charge of an offence under this act, hut shall proceed to trial as r soon thereafter as the complainant can lie notified, "f 'lhls declares only that the Court of Special Sessions slia'j net lie required to take tho examination of the prisoner. As that Court never possessed the power to take such ex niination, the probability Is that the legislature Intended to lelitvo tho magistrate Issuing tho process from tho burden of an examination in the rase of complaints for selling Intoxicat ing liquors. And as this was within the power of the 1 > gislature, had any language lieen used which conld efiect that object, I would have felt bound to so corn-true It as to carry out the. intention of the legisla 1ure. Bui I cannot, by any possible construction, say that the words ?' such Court of Special Sessions" mean " such magistrate," &c. And without substituting wort's other than those now in the law, the right of the prisoner to un examination is not. taken away. Aud as my power is not legislative, but judicial only, I am not at liberty to change the ant in a single letter, even to accomplish the intent of its trainers. Hut it is contended that as i his sentence requires the Court Of Special Session* to proceed to trial as soon after the prisoner is brought lsj <ore it, us the complainant - un lie notified that the prison er is ty this deprived of the right to give hail and the magistrate is not empowered to take it. Tho difficulty with this construction is, that the Special Sessions can only be organized after the prisoner has elected to he tried by such Court, or has for twenty-four hours ne glected or refused to give bail. And, consequent'y, he i* not brought before such Court until after his right to give bail has either been waived by election or negh?ct. And more than this, the Court of Special Session* never possessed the right to tal;o buil for any offence. Whereas the respective magistrates named in the section under consideration, each of them have by sta tute, i K. S. 710, "power fo set to bail In all cases of misdemeanor." The offence with which the pri oner is charged, 1* by this act declared to !?? a misde meanor, and as no pari of the law in terms or by neces sary implication, repeals the Kw authorizing these ma gistrates to take hail in all cases of misdemeanor, I must hold that the Kecorder should have taken bail when it Was offered. My the acts constituting the Recorder'? t ourt for this city, the Recorder has the same jurisdic tion as to criminal cases as Justice* of the Peace through out the State, and consequently whatever is said In re feience to the powers and duties of tho Kccordor, under llils section, are equally applicable to Justices of the Peace, and every magistrate named in fhe tilth section. If it was the intention of the legislator* to take away the ordinary right to an examination and bail, the act should have forbidden the magistrate before whom the acctsed is brought from taking such examination and hail. Hut there is no such piohlbltlon. The confusion or mistake, if any there in, ha* arisen from the neglect on the part of the lawmakers to distinguish between the magistrates, as such, nnd tho court of special sessions. '? lie conclusions to which 1 have arrived In this case aro: 1. That tho right, to atrial by n common law jury of twelve men in case* of misdemeanor is secured by the censtitution, and cannot be taken away by the legis lature. ?. I ha I the law in reference to an examination appli cable to other eases of misdemeanor is alike applicable to offences for selling intoxicating liquor contrary lo tic provif Ions of tho prohibitory law. P. That the per.-on charged with an offence for selling intoxicating liquor contrary to the provisions of Ihe pro hibitory law, bus the right to give hall to appear and answer at the next criminal Court, having cognizance of the offence and in which he may be indicted, the same rut n other misdemeanors triable by a Court of Special PmsIiwi 'ihe prisoner on giving satisfactory ball In the >uin of SAOO, conditioned as required by law, nmst be discharged. I have reached this conclusion on the examination of this case as tin original question, but I am fully sup|>orted by two of my brethren. Judges Morris It Parker, each of whom have had a similar case before them, and have come to a like conclusion. ARRESTS IN NKW YORK AND BROOKLYN. NKW YORK. Brandy smashes, soda cocktniU. cherry cobblers and liquors of all sort*. imported and uniniporte 1, wen- freely iinbil-ed yesterday. The arrests fur Intoxication were not above the usual average. They stand thuv; ? At the Tombs, before Justice Connolly 19 F.-sex Market, before Jvtlloi Wood 11 Jefferson Market, before Justice Peareey 7 Total .. 37 The net en at Jefferson Market wore too much Intoxi cated to lake affidavit" froin, uud they were remanded for examination. HROOKt.TX. Tlie police of tbe western district of Brooklyn only made nine nrreits on Wednesday ultcltt for drunkenness. First district 1 .'econd 3 Third 4 Fourth 1 Total ? W.W Mtolen by an Ktprrw Agent. ; From the Innsingbutg (Gazette, Augu?t7.) Mr. I ai melee, Caahier of tbe Kenaaelaer Conuty Rank, cent by Mr. Msk, e\pre*i< man. between Ttnv and Water ford, a package of hill* amounting to $4,000. on Friday, the S7tli day of .Inly, to be forwarded by express to New York. The package ?a< delivered to (Tharli.4 II. Wheeler, agent or proprietor of the Commercial Expres* Company. John W. Hate!". Esq., also delivered u puekage ot hills amounting to >2,li?'i, and Mr. J'annenter, of Troy, a |ackageot J700 mme of which have lieen received by the parties to whom they were addntiwd. Mr. Wheeiir wen! to New York, as he professed, for the pur pose of reimbursing the losing parties. and arrived there on the : Jsl of .Inly, lie made an appointment with Mr. Pate* to meet ldm at the office of the company, at 10 o'clock A. V. of that day, but instead of keeping hi* ap point inetit, .ecieted himaelf. ? Mr. Trncy, President of fhe Ketusclaer County liank. Immediately took legal steps for hi? arre?l, but was unsuccessful until F'riilay afternoon, August 3d. when lie was arrested by officer* Hutcliius and tireer, of the Third ward police, ?t Page'.* Hotel, corner ot .-pring and West, street., New York. i'lning Wheeler'* concealment he wiote m- venal letters to tbe | artie* by whoui he bad been entrusle.t. which afforded but llttli clue to his whereabout*. All the cir cumftancea connected with this afTaii ? hia conduct both before and alter the money was miwl, lean no re?4ona ble doubt of hi* guilt. Wheeler wan brought t?> Troy In char*'' of an officer, on Saturday owning la-t. and lodged in jail. He was taken before the Justice Court of Troy, yesterday, and hi" examination got down for Friday afternoon. There ?as no money 1 ' longing to I he Bank of I Aitsing huif in the | ackiges. and ihi mateinent to that effect iu the New York Tioy and Albany ( ape . are erroneous. Mr. Tracy deserves much credit and the thanks of the comBiimlty for the | rompt ami eneraetlc measures to bring Wheeler to Justice, and for th?- breaking up of, what was. fir m all account#, a bogus company. The aho?e Is ? true statement of fact", arid ail papers that have publi-h.-d the erroneous statements concerning the robbery, w ill oblige tin parties Interested, b} giving this an insertion. Tbf. of \i.i tarn Km: vr Achcrn- The Amni'tiu of the h inst. ha* the testimony elicited at the examination on Monday up to tbe aujournnu nt, when the case wi", put over to" Friday. Die complainant, Ijiura Van Hooker, testilic- that she went into Dr. San lord's (thee on Sunday July to g<-t something for a soie arm. that I>r. S yave her a mixture to ilrink, soon alter which die remembers nothing until the m xl looming, when she awnke In the lad of the doctor's back office with only one garment on and very sore mid lame. !? be also te-tlfii " that l oth l>r. .-anford and l?r. Hamilton threa ti tLC't to kill her If she told win re ? he staid that night, .-he w?- afraid to Jo home, and took the cars and came 'o Cat. kill, where a sifter lives. The defence called i<r . in her, whuff) office a Joins that ot |?r. Sanloid. Ills te.t Ti ony bear" somewhat against that ot Miss V an fhe t iwrinrn aild . ? After lb'- proceedings of yctcidm clo-ed. and nu adjournment ot the investiga tion wn effected nntil Fri lay next, a most dlsgracctul ale liotous spirit manifested it-elf. It seemed to have I e- n aroused through a mistaken idea on the part of the populace that the defendant* Would cnapc from tbe clutches of justice. The mob gather* d in touch force, and was only ?a ti lted when Itra. fauford and Hamilton weie lodged In jail. Affair- Bor f>RowNKn \ little boy, Tiaieed WUJiam JosegJi Ptvlnc. apitl ten years. MBS accidentally dnrwned in the upper west mill race, mar the jail, tnls morning. The taiy wa? fl?binf, with his brother, when he aecMeatally tell into the water. \ ti ?u who saw hiln tall attempted to rescue him, hut did aot snereed. v large number ot tter?ms enllceted ahont tin ta e i, nt at noon the bisly bail not l>ecn recon t-d. Mils b<y is the one who Urst discorered tbe (hhW of Iniim Mn. i' mm! who should haV' received the reward; tint it Wa- never paid. It I" a little singular that he' rhontd be drowned in the same raw where he found the la dy of Mis* Monte, atnl near the same ,?|s.r whe.e she ix -up|Mi-cdto have jouc intu the wattr.? J 1'iwt T. ??Honor to Whom Honor la Dm." Jrttkrson htrket, GiiEEKroivr, ) Brooklyn, L. I., Aug. 7, 1855. J TO TFS EDITOR OK THE NEW YORK HKIULI). For none time past considerable interest ha.-) been awakened, both in and oat of the profession, by the publication of a series of popular letter* from the lien of Dr. Robert Hunter, of New York, on the suc cessful treatment of consumption by inhalation* That these letters raanife t a profound acquaint ance with medical science, and are written in a moft attra( tive style, cannot lor a moment bo questioned? but a matter of far greater moment remained to be tested, namely: whether the applica tion oi the principles advocated by Dr. Hontor would! be sustained by their success in practice. Of late [ have observed in several newspapers extracts from the letters of physicians, and from a medical journal, questioning tue success of Dr. Hunter's practice, and in one instance calling upon him for the publi cation of cases. Now, the oruy matter for consider* tion is whether the success of iuhalation has been equal to the expectations raised by its announce ment, or greater than the practice m common use. I have myself personally witnessed the recovery of two cases of consumption. They had been for some time under the care of several physicians of my own acquaintance, but were gradually linking into their graves. The llrst of these cases, (Mrs. Jonathan Crane, of Greenpoint, Brook lyn,) was of apparently a hopeless character?a cavity having already formed in her ri^ht lung there was (Treat emaciation. Hhe was unable to walk any distance, and had all the worst symptoms which usually attend cases of phthisis in an ad vanced stage. Mr. Crane wus induced, from the testimony which came under his observation, to put her under the care of Dr. Hunter, about December Inst. 1 was anxious to watch the effects of Dr. H.'s treatment by inhalation in her case, as I knew it to be a desperate oue. Soon after she began to use the inhalations, I saw marked evidence of improvement ? her breathing became more free? her expectoration increased and easy ? her general health daily improved; and I am toe happy to be able to say that this improvement has gone on speedily until she is now in excellent health and spirit* ? a result which 1 have no hesitation in faying no other medical treatment known to the pro fession could possibly have effected in her case. The other case? that of Mrs. Griffith, of the same place was very similar in its charactei to that of Mrs. Crane. This ca^e I also watched closely, and the result haw been equally satisfactory. As a profi>ssiou^l man I was induced at first to give all possible attention tu Dr. Hunter's treatment, feeling a very deep interest in bis pnbllhtd \lews ou the subject. Hut I confess I was not at all prepared for the speedy, decided, and unmistakeable suc cess which attended it in these two eases. The efiect on my mind has been such that I could not entertain towards Dr. H. for o moment the prejudice which too often leads medical men to oppose a new practice. On the contrary, 1 was led at once to place under h's cure my' own sister-in-law ? Mis* Wood? also a case of tubercular consumption, simi lar in character to Mrs. Crane's. Miss Wood haa been under Dr. Hunter's treatment for about six weeks, and 1 am happy to say that she, too, is pro gressing towards a cure, in a manner most highly gratifying to mytelf and all her friends. After these undeniable evidences, coming under my observation in so satisfactory a manner, 1 cannot be silent when I sec an effort made bv interested parties, either through n edical journals or newspaper columns, to throw doubt, by insinuation, upon the success of Dr. Hunter's practice. As a general rule, medical men have a dislike to appearing in the columns of a newspaper, on any subject connected with medical Eractice. There ure occaaions, however, when it crones a duty to lay aside those feelings, and bear an honest tertimony to the truth; and I am rejoiced, us a man who respects his profession, that I have it in my power to bear this ample testimony to Dr. Hunter's success in the treatment of consumption. Yours veiy truly, R. J., M. D. Cartons Case? An Attempt to Kxtort Money front a Widow Lady. [Krnm the Wuterville (Oneida county) Journal. Aug. 4.] Our community lias been under great e.viterneut during the past week. In consequence ot the development of the particulars of a bane Attempt to extort money from Mm. Kinily J ci gut-on, a respectable and quite *ca'Uty widow lady, residing two miles west of this village. Mrs, Ferguson lost bee husband, aft?>r a protracted illness, about tour months ago, riacc which her presence h*? been almo. I constantly required at home to minister tu the wants ot an invalid and entirely helpless dn ugh tec While her wind w as v, eiglied dow n by the grief caused by these severe afflictions, and oppressed by numerous cares, some (tend or fiends in human form, attempted to extort from her money to a considerable amount, by threats to ake her lite and the lives of her children, in case fbe refused to comply with their demands. It ap pears that on the lsth day of lust July, Mr*. I . received from the !'ott Office in this \ 'llagn a letter mailcit at Hub bard's Corners, in Madisou county, a copy of .. h'cb fol low*:? Ji lv 7th, 18W>. I'Ritt M-iutir ? I write a few lines coticernlug a littto dial vith your husband. I wrote liLni a year ago if ha would send roe a check of $3,000. J wuM square off ? ith him. if net he should dip h slow death by poison. You see how well 1 kept my word. Now I have took your girl, aud she shall go too. and the re*t of the family, you witlr the rest, :or revenge, unless you send where I direct. $1,000 immediately. You will find I am not to be trifled with? if you have not already. Send me tlic money and you ara aaie. it not you shall suff?\r a worse death than your hm band, remember wliat I say. -a^ aothing to uny one, <>r I will murder you in cold blood, but send the money di rec'ly. Hend it in a letter to North IJrooktleld, Madison county ? direct to Mm. Juliett F'isk, and I ? 111 that I get !t Instead of her; K not. 1 rather sho would have it than anybody else. U I ever hear that you teli a word <>t? thin, bewai ft. I have ealled on your daughter lately, but you don't mistrust who 1 be; scud it Moon, if you want to lire in [K-aee long." This threatening missive thiew Ma*. Ferguson into lit* deepe t digress; and, mh tax natural, she imireiliateJy -ought the advice of friends, among whom were Dr. Muti ger ami l>. H. t>oodwin, Esq., who conclude. 1 to make uw of a decoy letter in answer to the one Mrs. K. had re ceived, in the hope of exposing the authors of this cruel villainy. Accordingly a fetter was written by Mr-. FV guson and directed to Mm. .luiiett Flak, North Hrook Held, enclosing two ten dollar biUs, marked by Mr. (iuodwin, in which it waa stated in suhstanea that .-he had forwarded S'JO of the sum requir ed; that she could not at present command so mucbt money as $1,000, and she begged her persecutors to iiparti her own nnd her children's lives. 1 ho letter was taken from the I ost tlBcc by Sydney F'isk, hus>>and of Juliett, and by him taken home, (in the evening of the miuw day, Mr. H k railed on Mri?. Ferguson and inquired of her iT she had wiitten a letter to his wift?, and what the meaning of it was. Mrs. FViguson answered the tirst question In the affirmative, anil uneuspeciinglj* gave Mr. 1 isk a history of the whole transaction up to tbat time. Mr. F'i.-k also produced the letter written to hi* wife, and the money contained therein, both of which he placed in Mrs. Ferguaon'a kee ping. Jr. Munger happening to lie present at the time, and believing Kisk to lie entirely innoeent, induced him ki c< uie to Waterville, where another consultation In which Mr. Kisk was one of the eousultlng party, the le turned letter, eontaiulng the uuirkeil $ JO, was placed in a new envelope and redliected to Mrs. Kisk at North Brookflelil. A letter was also wiitten by on" of Mrs. Ker gu.-on's friends, and foi warded !>y the ?ame mail to the postmaster, requesting him on no account t# deliver th? letter directed to Mr*. Ki.-k, to lier or any of her lamily. This Was on Wednesday, ioth ult.; on the Friday evening following. Fisk and his wife called on Mrs. Ferguson, anil Mrs. Kisk in the course of a private interview with her in relation to the events of the last few ilays, stati d in sub stance that during the afternoon before, when she fiiH entiuly alone, a strange and dark individual, evidently disguised, entered hi* house Hnd inquired if she had re ceived a letter from Mrs. F'erguson, and Shut on being told * he had, and that it contained $20, the ntrang>i Individual said the letter and the money were intend ed lor Mm, but he apieaird to lie deeply offended at tha littleness i f the si m sent, and remarked that had he ta ken tl.e letter trom the office instead of herself ho would lia\o taken Mrs. Ferguson's liffc Iiefore morning, that tha dark then pre en.ed a loaded pistol at her. and under great excitement told her that she mjst see Mrs. let gun n Immediately and inform her that he would not, in w fettle his difficulty with her late husband for Irs* than $1.."i00, and that tl.e money must be forthcoming or he would murder Mis. Fe guson and hor whole family an well as her' (if ;,nd kuttM After some furtl er comor-atlon to the same effect, in which the daik and mysteilm.s stiangcr wan made to as sume nn awfully threatening s^art and the imminent, ?langei of all the jartles ci ncemod was strongly n- -ted u|on Mr. and Mis. Fisk vithdiew. tin the following mom 'eg Mr. Fisk made his appearance at the North Hri okt.eld l'o-t Office and represented to the I'ostmastar that be had been authorised by Mrs. Fwioison to take tit* letter directed to Mi-. Kl?k; it a as given to him. I icier these clrcum-trnces it was deemed proper to cause the ariest of F'isk and * ife. and they were iccord ingly taken Into custody on Tim -day of this week by of? fleer (iitfoid, on a Warrant issu< d by Justice Church. I revious to the arr< st. however, the house of the ac cused was visited by Mr. (hoslwiii, in the hop? of getting si me further elue to the authors of this b??e Tillany. I III ri r g this visit Mrs. I isJ. -tat-'d tlu-t on the Siilurdajr evening previous she had received another cill from tli'J strange individual; that be made nls appearanre late in the i veiling, and enticed her out of doors; tbat with threatening language and g? stun*, he deni in<V d the let ter last received from Mrs. Ferguson. and that *he gtue it and the $20 contained therein t.i him : and tkfit after an inteiview of about hii hour he left for |W?Ms unknown. 'I he officer who made the arr. st wus acroinpanied by ex Jheriff Sehiiyler Ilnblieid. It is proper to add that, they fonud in the house of the aeru-eit pur ties" evble: crs :JuiO"t com-lio Ive of thrlr guilt: aioong which weie the marked bills that Mrs. Fl-k stated shn )ia<l git* n to tbe sti inge ginlleman who h?.l acted u mysterious a pn.rt in this ilark transaction; also somn letter japrr i i-rre?pondlng ill site, texture and ??milk mark" with tl "t on wlibh the letter to Mrs. Ferguson was Written. H?k and Wife are now Iinderguinr hii eia inlnai Ion before Jnstlec fhureh; but up, to the time wis went to press all tbe e?Men,-o on l? half of the people In not taken. Die keenest Indignation i* felt in our com munity at this base and brutal attempt at extortion; and tluie is a settled determination to ferret out th? gnlltj | artle iT.d ?> 1 1 rig tin m to d' "er*?l punishnieni. TDK roi?FISHF;RYr? Tb? Sydney, V. U.t .Vftttvt ?ays; ? We nre glad to '??urn that the r >1 tlshrrj on our northe, n shores has Is en s. ,y nnstuetlve thus fai thl< ?f?-on. I aree quantities offish K\s been likewise taken at (iabaius. I ouisburg. Mi.ln a-l ieu, H- , luit In eonav 'liience of the hi aiy tipgs prevailing on thnse ports of !l>e con s| do i lug all this month, a lo-.. o. a larg* p.. t|<Hi the rennt eati-hwlll I>p the rrsU!i: ne> ?: the|. litre, tj|c return* ?ill It gvvu.

Other pages from this issue: