Newspaper of The New York Herald, April 6, 1873, Page 15

Newspaper of The New York Herald dated April 6, 1873 Page 15
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THE COURTS. 1HE AMERICAN INSTITUTE. Perils and Tribulations of an Expelled Mem ber? Application for a Mandamus to Compel Bis Kent oration to Member Hhip ? The Proposed Third Avenue Rink Pnrehase and Pen* alty of Opposing It. 1HE SPRING VALLEY DISTILLERY. Exceptions Filed to the Charge of Jndge Biatchford? Reversal of the Late Verdict Sought for bj the District Attornej. COUNTERFEIT INTERNAL REVENUE STAMPS. Motion to Dismiss a Complaint? A Nice Legal Question? Decision Reserved. A motion was made yesterday before United States Commissioner OSUorn lo dismiss the com plaint in the case 01 Daniel 1). Wright, charged with having iu his possess o i co unterleit internal rev- | ? enne stamps. The dism ss:tl was urged on the ground that there could be no crime as counter feiting non-oxlstlng slumps. The Commissioner re served his decision. An expelled member or ttie American Institute la seeking the potential aid of a Supreme Court mandamus to effect his icstoratlon to member ship. In to-day's law columns will be found a re port of the proceedings incidental to such applica- ? tion, made yesterday beiorc Judgo Fancher at Supreme Court, Chambers. J mine Fancher listened patiently to the aitldav.ts and argument of oppos ing counsel and then took the papers without giv ing any decision in the case. Judge Fancher, at Supreme Court, Chambers, yesterday postponed till tiiu 12th lnst. the hearing of the argument upon the motion for an order to Bhow cause why an injunction should uot be grantod restraining tlie bull's Head ltank from doing further business us a bank, and meantime till then the temporary injunction already granted Is continued. At tue same time the referee also is allowed to make his report, lu the bankruptcy proceedings In the United States Court, before Judge Blatchford, there was yosterdav an adjourn ment of one week, It being stated that the ottlcers of the bank were endeavoring to arrange affairs With a view to a settlem nt with the creditors. On taking ofll' e District Attorney Phelps declared bis determination to cieur the criminal calendar. Sustained by the prompt and cnergctic action of Judges Brady and Sutherland and Recorder Uuckett, be has kept bis word. Since the 1st of January 372 convictions for crime have beeu obtained, of which number 207 have been sent to State Prison and the remainder to the Penitentiary. Such a wholesale withdrawal from active pursuits irom the ranks of the "dangerous classes" in ?o short a time gives encouragiug prospuct lor the future. THE AMERICA# INSTITUTE. An Kxpelled Mrmhrr Invokm a Manda mus for IIU Restoration to Mtmbtr ?hip? The Kxpul-ion the Allcgrd Pen alty of Oppa>illan to the Jt'ropomd Purchase ol the Third Avenue ltink. Considerable time was occupied yesterday in Supremo Court, Chambers, bcloro Judge Fancher, In discussion of a motion on behalf of Thomas Godwin for a mandamus compelling tho A mericau institute to restore lum to membership and his privileges in their body. One a i legation is that he wan expelled lor words said to have been spoken in debate ar a meeting of the Institute October 6, 1871, when a resolution irom the managers of the Tair to pur chase the Third Avenue kink, without limit as lo price, was under discussion. Mr. Courtney presented voluminous affidavits, showing, among other facts, that the charges against the relator, who had been a member in good standing lor twenty-six .years, were frivolous and were trumped uii at a subsequent meeting to the ono at which the misconduct is alleged to have occurred. He urged that members ought to be protected in freedom ol debate, and that the members who voted against Mr. Godwin had no power 10 expel him In such a manner, his motive In opposing tiio purchase of the rink being solely dictated by a desire lo serve the best interests of the Institute aud to pi event the wasting of its funds. He stated thai there was no record on tho minutes ot the meeting at which tho offensive words were alleged to liuvt! been spoken; that Mr. Godwin was even present, and showed by adlda vits that at the time lie was expelled Mr. Godwin Was not allowed to s..y a word in Ins defence, nor were the members lniormed for what oilenco ho was expelled. Ho insisted that the American In stitute had no authority or power to expel from its membership and to deprive a member of his rights in their corporate property. Mr. E. N. Dlckerson appeared In opposition to the motion, lie claimed that the Institute acted entirely in coniormlty wit li their bvlaws In t lie expulsion of Mi. Godwin, and were full.v Justified In the expuision. ite denied the allegations set forth in tho com plaint, and urged tnat the Court had no power to tnt< ricre in the premises. His remarks were I tr from complimentary to tho good sense or judgment ol Mr. <iodwin. Mr. Godwin spoke in a rather rambling way in hls<own defence, and then Judge 1- anchor took tuo papers, reserving bis decision. THE SPRING VALLEY DISTILLERY. A Bill of Exception* Filed In tho Case? KITort to Obtain llcvcrnal of the Recent Verdict. There was recently tried in the United states District Court u civil suit, in w hich the government sought to confiscate the spring Valley Distillery, in llockland county, on the ground that Illicit distilla tion had been carried on therein. Tho government was defeated, tne verdict being lor the claimant, Mr. Elijah l.rown, who manned the real estate, ma chinery, apparatus no implements. Judge iilutch* ford, In his i luuge to the jury, held that the jury could not brine lu ; verdict ol confiscation unless they w^p satisfied, ipon the evidence, that tho claimant nad a know ledge of the illicit character of the business conducted in the distillery. The District Attorn Mr. Uliss, lias just filed a bill of exceptions to tv^eliarge oi the Judge. Mr. iillss Is of opinion that if tho jury were satisfied that Illicit distillation had been conducted at the estab lishment In quest ion, that would have been suill Cieut, in point oi law, for its coiiacmnation. COUNTERFEIT INTERNAL REVE NUE SXAMF3. A Nice Legal (iueatloiv Raised? Motion to Dismiss the Complaint? Decision Re served. As already stated in the Herald, Daniel D. Wright has been charged liefore Commissioner Osborn with having had in his possession counter feit internal revenue stamps affixed to certificates of railroad stock with intent to utter the same, i Counsel for defendant, ex-Dlstrlct Attorney Gar Tin, moved yesterday to dismiss the complaint and discharge Wright. He urged that as the use of the stamps In question had been abolished In October last, there could be no such crime as tbe counter feiting of a non-existing stamp. Mr. Purdy, for tbe government, contended that, although the use oi this stamp was abol ished In October last, all the stocx Issued prior to that date must have genuine stamps aitlxed thereon In order to be negotiable: tnat tlie government was bound to redeem all gennme stamps of this character In existence, and that, therefore. It was lu fraud of the United States to nfllx counterfeit stamps to papers on wliicb genuine stamps were required. Commissioner Osborn reserved his dcclslon. BUSINESS IN THE OTHER COURTS. UNITED STATES DISTRICT COURT. The Oall'i Head Bank. Ilefore Judge Hlatchford. Not long since a petition was filed in the United Btates District court by two creditors, lor the purpose of throwing the affairs of the Bull's Head Bui.k into bankruptcy. The case hail been adjourned for a week, to vesterday, ami when it was then called beio e Judne iilatchiord a further adjournment was granted, ii having be* n stared to the Court ttiat the bank was eugag'd lu an effort to settle its affairs and effect arrangements with Its ereduoro. UP..EBE UIM -CHAMBERS. Decision*. By Judge 1'ancher. Jnila M. KHd vs. uuuam a. Kldd.? Report con fl-med and judgment 01 divorce ga.ited. The Tumverein et al. vs. Joiin Weber et al.? Deleudaut, John Weber, is entitled to costs agaui^t the plain tiff, aud tue plain tiif U entitled to Costa against tie otuer de enoants. Albert Merrit vs. The New York Chemical Com pany.? Motion to strike out the answer 1b denied, with $10 costs to abide the event. Sage et a*. vs. Voiking.? order settled. Elswurth vs. Muldo >u. ? Findings settled. Ituss' -11 et ul. vs. liaker et aL? Report confirmed and order grauted. w hitehead vs. Kennedy et al Allowance granted. ? Drutnmond vs. Ronalds.? Order granted cancel ling the judgment. SUPERIOR CCU.n- fWcHAL TERM. Decisions. By Judges Mone 1, Sedgwick and Van Vorst The New York aud Harlem Railroad Company vs. George Iiaws and Peter Mulady.-^judgm.'ut re versed so far as it restrains deienuaut il iws from prosecuting his action again: l the plaintiff, uud judgment absolute for liitn, dissolving the injunc tion uud dismissing the complaint as tohlm.witli the cos s oi the ti ial oi tins action at tno Special Term, but without costs upon this appeal. Opinion by Judge Mouell. By Judges Mouell, Curtis and Sedgwick. Ilarvey We 'd vs. > tie Mutual Heneiit Lite Insu rance ( onipauy.? Judgment reversed and new trial granted, with costs to the uppellaut, to abide the event. Opinion by Judge Seugwick. By Judges Al uioll, Frecdman and Cnrtls. Adam Hltt r, executor, Ac., vs. Samuel l'liillips, ' et al.? Motion lor reurgu uent deuied, with |10 costs. Opinion by Jud^e Mouell. Elizabeth Myers vs. Isaac inxon.? Judgment and order attlrmed, with costs, opinion by Judge Freeuinau. ,, Henry Muhben vs. Valentine Roos' Executor, ' Ac.? Same. Opinion by Judge Curtis. diaries S. liner vs. The l.orilluid Fire Insurance Company.? Judgment allirmed. opinion by Judge Moncll. George Rendel vs. Matliew Hettrlck.? Exceptions sustained, dismissal ol complaint set aside aud new trial ordered, with costs to the plaintiff, to ubide the event, o. iuion by Judge Curtis. Vernon K. Stevenson vs. Jauies K. Spratt.? Judgment modliled by restricting the specific lien upon the surplus moneys to the advances made upon the contract only. As modified judgment affirmed, without costs, opinion by Judge Mouell. James Coddington et. al vs. John 1). Dunham et. al.? Judgment affirmed, with costs, with leave to defendants to hie and serve amended answer on payment oi all costs in the actiou. Opinion by Judge Freedman. Frederick s. Winston vs. Stephen English.? Case affirmed, with costs. Opinions by.Juuges Curtis aud Mouell. j Edward Miller, administrator, vs. Mrs. P. Early.? I Judgment reversed and new trial granted, with costs to the appellant, to abide the eveui. Opinion ; by Judge Mouell. Charles Sickles vs. Wright Gillies et al.? Judg ment and order affirmed. Opinion by Judge Freed niun. Uo.vd Cannday vs. John S. Stlger.? Judgment to 1 be amended by adding the sum ot $1,400, with in terest iroin January l, 1S72, together with the costs ol the appeal, opinion by Judge Mouell. The Gorhani Manuiacturlng Company vs. William Fargo, President, Ac.? Exceptions overruled, and judgment ordeied lor the plaintiff on the verdict. Opinion by Judge Freedman. Hy Judge# Barbour, Curtis and Moncll. Frank Johnson et al. vs. Charles J. Oppcn heiiner.? Judgment and order appealed from af firmed, with costs. Opinion by Judge Curtis. Gerhard Renscher vs. Frederick Klein. ? Judg ment affirmed, with costs. opinion by Judge Cur tis, and dissenting opinion by Judge Sedtrwfck. J. Feeder ck lladenliok vs. Thomas J. McCahlll et al.? Judgment reversed aud a new trial ordered, witli costs to abide the event. Opinion oy Judge Curtis. Alvah Becb et al. vs. Solomon Ranger.? Same. Opinion bv Judge Curtis. Daulel S. Dureli vs. The Evangelical Church of St. Jaines, of the City ol New York.? Verdict set aside uud new trial ordered, with costs to defendants to abide event. Opinion by Judge Barbour. Tlie Gaylord Manuiacturlng Company vs. Jnsluh A. Allen.? Judgment affirmed, with costs. Opinion by Judge Barbour. Anthony S. liopel vs. Peter Balm et al.? Orders appealed from affirmed, with costs, opinion by Judge Barbonr. Albert Gilbert vs. Edward B. Wesley.? Judgment affirmed, with costs. Opinion by Judge Barbour. SUPERIOR COURT? SPECIAL TERM. Decisions, Ity Judge Van Vorst. Little et al. vs. Gardner et al.? Order for judg mcui for defendant Gardner. Law et al. vs. lieamon. ? order of reference to Freeman II. Baldwin. Berwick vs. Dale. ? Order of reference. Ltgiitstone vs. Weber.? Order dismi-sing appeal, with costs of the appeal and $10 costs of motion. COURT OF COMMON PLEAS-SPECIAL TERM. Decisions. By Judge J. F. Daly. Seagrovo vs. Howard. ? Allowance of $200 granted. Butteriiian vs. Scliolle.? Dccree signed. Donovan vs. Catherwood.? Objection denied. Reed vs. Don.? Motion Granted. Rosenberg vs. Llghtstoim.? Motion granted on judgment #i trial, foo and disbursements ; case to be tried next term. TOMBS POLICE COURT. Almost a Murdrr- An Angered Ilrother Nearly Shoot* His Sister's Seducer. There was a scene at the Tombs Tollce Court yes terday which came very near being a tiagedy. Hut for the Interference of Jupticc Dowllng a young man would liave committed murder, the facts of the case are these:? Five years ago lolm Lennox paid court to oiv? Mary Mac, ke.v. Mary was a chanfnlug blonde, aged about seventeen years, and Lennox was a daMnng young man of reputable connections. The idea of Mary was to wear orange blossoms In her hair, but, alas! the cypress leaves were used instead. Lennox, t lie lover, it Is alleged, became Lennox, the betrayer, and Miss Mackey found tier sell at once ruined and deserted. Shortly altera child was born, which only added to the misery of the ydfcng woman. Mary had a brother named .lamps. Tie Is a chlvalrlc youth, and, since that time, has roamed the United States in quest or the betrayer oi tils sister. He weut so tar as to trace him to Kio Janeiro, South America. There the trail was lost. Two nights ago the young woman went with a friend to see "David Garrick" at Wallack's. 'I here she saw her betrayer, and he prevailed upon tier to accompany hint to Jersey City. Ouce there he drew a revolver, and would have shot, the girl he had ruined but ler the timely Interference of tne police. Yesterday the case was brought tip to the Tombs. Justice Dowitng, aware of the tact tnat he hail no Jurisdiction in the matter, wished the young man' and woman to settle the difficulty In an amicable manner. During the conference which they had the brother paeed up and down the room in an agitated manner. The Judge ank'Ml him If he had a pistol, and he stated that he had. It was taken away front him, as Ins purpose evidently was to shoot the seducer of his sister. Nothing came of the conrercnce between the two, and the case was dismissed. TUE HEW IROS STEADIER RICHMOND. Another Fine Craft for the Old Dominion Steamship Company?Her Dimensions, Accommodations and Officers. On Mouday afternoon last the new steamer Klch mond, the latest addition to the Old Dominion Steamship Company, hence to Norfolk, City 1'oint and Richmond, arrived at this port from Wilming ton. Del. This vessel, no doubt, will prove a lavor lte with the coastwise travelling public, as she It very commodious, well const ructed and pleasantly appointed. The Richmond Is feet on deck, 33 feet beam, 21 feet hold, 12 leet draught of water, has two decks and is 1,438 tons burden. The plates of this vessel are of the usual thickness and single and double riveted, while beam ties are found in such numbers as to Insure great strength of hull. The motive power of the Richmond Is of Improved description, tie engine being of the direct-acting surface-condensing principle, witn cylinder 60 Inches id diameter and a stroke of piston of ft leet. Steam is supplied by two return tubular boilers, having three Inrnaces each, and In this department there ts an auxiliary boiler on the cargo deck and the necessary independent steam, Are and bilge pumps are In place. The aceommodatlons of the Richmond are of a very pleasant nature. The saloon is elegantly Ot ted and finished In white oak, walnut and maplo. The staterooms, equal to an occupany of lorty tirst class passengers, open from the naloon, and, while they are roomy, have all the possible convculeuo?a? required. Alt the saloon and opening therein Is the ladies' boudoir, which Is finished in good tawte, and must prove an agreeable lounging place lor the fair sex at all times, ihe accommodation* lor other than saloon passengers are also very "pleas ant, good ventilation always being securwl. The Richmond was liullt, both in hull and machinery, by the Harlan A lloiiingsworth Company, Wilming ton, Del. The following, so far as reported, arc her officers :? enntain? Samuel Lawrence. f'frnt Male? Reuben Swllt. Snxnut Malt? J. A. Smith. Chii'f Kngirwir?Sl. W. Iloulett. , AsitidUiiiis? v\ ilium campbsii #.U(] joUn Farrell, CUB FUELIC DBIVES. The Present and Prospective Condition of Uie Great Ik u levari! and Other Drives In the Upper End of the Island. A TRIP OVER THE BOULEVARD. It may require rears to develop the magnifi cence and beauty of the great public boulevards of New Yurk and to gather around them the royal ele gance of shrubbery and shado trees, but It U cer tain tnat the young metropolis Is making rapid ad vancement In these evid*uces of w ultli and age. Central Park offered for a time a sufficient number of mill's of smooth roadway to Biitlsry a desire lor an occasional carriage ride; but in the course of time it became too small lor the young horsemen of the metropolis, and they pushed lurther* out into the country to find roads beyond affording opportuni ties for pleasant little trots which the Pat k did not present. The grand Boulevard Is the outgrowth of a deslro ; to provide New York with at least one great avenue winch shall traverse a large portion of the city und afford the riuer the greatest diversitv ol landscape. Its present condition is one of progress, rather than ol completion. Its circles are unsodded, Its shade trees nuplanted, and the adjacent property lor the most part is unimproved. From lt.i begin ning at tne southwestern coi ner ol the great Cen tral Park until Its furthest northerly limit the Boule vard is a thing or incompleteness and orprospectlve magnificence. Taken as a whole, nature contrib uted more than art toward bcauUlylng the Central Park; on tho contrary, howev er, alt that is to be made of the great Boulevard has been and must be the work of the architects. The hills which it traversed did not de- . 'vclop Into lines or beauty' and Its gentle curves and gracelul windings arc the result or the sur- I veyor. It is desirable that a public drive shall be , enjoyable, because of Its contrast to the avenues in the more densely populated portions of the city, occasionally departing fiom the straight line at such points us shall best develop attractive Bccncr.v or commanding prospects. The old Human roads were built with the object of connecting two localities i?y the stralghjest possible line. Not so, however, with the carriage drives of tho , present day. While the surveyor who directs the laying out of a commercial city I should be "an angular man," it is no less essen tial that the engiucer under whose charge a great , public drive is planned and completed should be a man of curves. The surveyors of the Union Pa- 1 ciflc Railroad doubtless ran their lino us crooked us possible, In order that It might become a thing j ol beauty lor Congressmen anil directors. ! A reporter ol the 1Ikkai.ii recently made a trip over the drives in the upper portion of the city uud gives below the results of tils observations. i TUB IfUUl^KV AKU, J Just In proportion as Central Park cxcels all parks in tins city Ls the graud Boulevard Intended to eclipse all public drives. Beginning at "The Circle" on the south western corner of the Park, It Hill stretch away to the not tlmard, nearly seven miles along the bluff which rises fr?m the Hudson, till It reaches Jnwood. Deviating in several places lrom a straight line, it alternately crosses valleys or climbs by gradual ascents the hills which lie in Its path. Possessing M<> many and varied advan tages, this Boulevard Is to lie the future site of i Handsome residences, and many of its desolate mil sides will ?e converted Into terraced lawns. When It shall have gathered the wealth and quiet luxury which distauce from the centres of trade and proximity to so delightiul a thorough- I Hure t,? bring the Boulevard may become the tilth avenue ot the future, its building sites above loot h street, almost without exception com mand an extensive view ol the Hudson lUv'er af fording great diversity ol landscape. ' PLAN OF IMI'KOV KMKNT. As our carriage turns from the cobble-stone j pavements into the little plaza known as -The : Circle we straighten up out of a corner into i which we havo gradually settled and | ti,? i,ICf Ulc rel reshing air from the river. Before us is a grand driva 102 feet in width. It follows "he ime or the old and much travelled Kioomingdale roaa from this point to Klgity-elghth street, and alter milking several curves to the westward finally merges into Kleventh avenue, which line is main, tallied until i,r>ath street is reached. Beyond t u ;a point the Boulevard- is unopened. The plan adopted for the improvement of this thoroughfare comprises a sidewalk on each side of the roadway twenty-iour leet in width, two car riage wa.vs ofiorty leet each, with a strip 01 sod twenty-two feet In the centre, mis gives lour lines of curb with a row ol trees along each to gether with a sewer, Croton water ami gas nines placed under each sidewalk. At present occupied ' o:ily by tall telegraph poi?s and by a double row oi i lampposts, each ol these centre pieces is to be come, In the course ol time, a grass plot, with 1 tloweilng shrubs while a double rew or stately I American elms, plaited in alternate corners tvill i unite their branches with the line oi shade trees along the siuewau. 1I0W Til K ROAPWAY 18 BITU.T. The carnage rolls along over a roadbed which is 1 perfectly solid, yet has a spring to li which lenders the motion ol the vehicle pleasant. This Is the new pavement now employed on the greater ma jority or the public drives, and as it is to be found in the process oi construction upon several ol the avenues it niav be very properly described in tins I place. 1 he roadbed Is trimuicd so as to give a de I scent or eight inches rrom tlio Hue ol the curb along the centre strip to the outer curb, and tlio ground is made 111 m by a six and a hall ton roller. Ipon the prepared roadbed a pavement ol quarry atones is set by hand. The stones are s inches In depth, f. inches In width and not exceeding 14 Inches in length! ! all with parallel sides and ol as nearly a unilorm sue as possible. '1 lie stones are laid j lengthwise across the road, and are. closely wedged i together by smaller pieces. All projecting points are broken on, and the pavement is reduced to an j even suriace ol eight inches. Broken particles of ' gneis are then sptead evenly over t he suriace in i such depth as will make six Inches alter roiiiuiz | A layer of trap-rock, broken in pieces the size oi "a | walnut, is then laid on until the proper grade is | reached. Alter being made thoroughly compact bv the heaviest steam-rollers, screened gravel to the depth or about two inches i< spread on top and thoroughly rolled, mis gives a total thickness of about eighteen inches. IIKI.KM OK OLO NEW TOKK. Long rows ?i wooden ami brie* bnildlngs variously placarded, equally shabby and dilapi dated, t?ut exceedingly valuable because oi the ground they occupy, line either side or the Boule vard lor several blocks above Fiity-nlnth street. Itinerant venders oi old rahblsh or merchants in ordinary trudge along the great highway behind small cans drawn r .y mongrel teams or dogs and goals. From neighboring saloons, as well as iroiu uirty entry ways, a bhabby troop of men and chil dren Issue IIMW TO PISI'RKSR A CONORKO ATION. To the ri .lit, on the top or a rocky ledge, was to be seen a vast heap cd hewn stone ami mortar. "VVhat is that!'' asked the Hkkai.p reporter of Mr. Kellogg, cider Kngiueer of the public drives in whose company Hie trip was made. 1 '?That is the remains of the only serious accident .1. ?WiC i!av^ 11101 A "tone church stood #i i ? "ll<: "1C sidewalk rati close to the building, a blast, had to be made near the foundation wall. Although the charges were put In with great care, the whole front ami part or the southern side was blown up. This, too, when not broken ?W ?a Ue ?UlCr Blde ?f the 8tluet __ ** CNINVITOfQ NElGITROKHOOn. 5,T"e roc'i cropping out in great ledges, which to ? height of forty feet, the property on the eastern sine assumes an aspect common to muchot the city's suburbs. Gathered together on the rocks, and maintaining their lodgement equally well at all possible angles or on the edges of per pendicular clltls, the familiar shanties of , the poorer class of laborers, ragoick | ers and street vagabond* are to be 1 E3ftJfifr the " ma'|lJy P00l< In ?n ad I joining 1st, ragged urehias and hali-si.arved dogs ami goais are seen roiling together. These "squat vS,rH' Ju,t u?,lkc many other social parasites, cling like barnacles to their rookeries, equally obliv fm'n 1' the ltl ValUC, popilllA !,"'n. respectability or the neighbor tr!??K i { . ,s thlit pleasure seekei Is 7* of (l,lui,l#r wretchedntn which shames Donovan's lane or the palmJest da*" of Paradise square. As it takes all sorts of people or hUi iLliIl? *J' "? !'. d10l'1)t,,1'w requires ail kinds nh!i ~ tatlons to add diversity t? the Houlevard. This may be true, but wc believe that even the these flltlly'^oVeries, Wouln B^'Mi-pease with ...v . A "PARK." . .i..?*-^lnt.<??lnicr"ec,h>n w,th avenne 1,10 Ju,aMo" "f Thirty third street and Broadway, is beiog enclosed. I he I oaiBiissloners evidently take Touchstoae'a moral. "?P?or t"'?g" the property shall be all their own. A heavy iron fence Is to Rurround It, although an active horse con id readily clear the park at a leap. A mass of rock yet standing several feet in the air Is being rapidly blasted away to the street levei, so that the sod can be laid. Beyond this point the houses are moro scattered, nnd for many blocks we look In vain for the ev'.. dences of improvement which are seen in propur along the other avenues or the city iv.ij . A "'"T0RT ?r THF. BOPl.KVARn. XIow loutf has this Houlevard bceu lu Course ol construction r" asked 'he Hr-iaid man, as the car liare rolled along I lie smooth surfaced road war. "VVork wo* li *ir?i u in September, ihbs,'' ro,iiieil the Uniel Enulueer, "by the Park Com nisstoncrs, and remained In tlinir charge until June i 1 >, j, when ii was turned over to the Department of Public Works." "ilas Hid work been pushed toward completion, aud is its proseut coudit.ou f" queued tuj writer. ?'Every effort has beon made under both Board* to careiully and expeditiously tlnlsli till* jsreat public drive. \ ou wii', alter roingentirely over file liouie vard, be aole to lonu an approximate Idea ol the nu merous wuich we have iiad to eucouuter. The roadway ior one-bull its wid.h, or loriv tcet. ww completed anii opened iiohi -l.xticth st.eet 10 I?ad street in January, 1672, since wiiieh time the remaining hall lias been brougut to tne uegrce of completion lu winch you wi.l see it, as well as ex tended throe blocks to the northward. The small poi turns 01 the western side remaining to be Un ishe.1 ueed only tliu tinai course 01 trap-rock and g. avel. I'ue curbstones alonir botli sides aud around trie centre-pieces have been laid. The Dairying is down on both side walks from Sixtieth stieer. to highly-second street, t'poii oue Hide it is la.d through to 15Jd street. The stone ior the 2;,ujO lineal leet is ready, and will be put down as soon as t*e gas pipes are laid." "VViien is it expected to complete the work?" asked llie rep rter. "Should mil hnu uniorseen occur, the lloulovard will oe entirely opened to i'tnutj Cemetery oy Juiy. The planting of tile trees and tue sodding oi U.o centre pieces cannot be attempted until the water and gas pipes and sewers have beou la.d." ANOTI1KK "I'AKK." The Boulevard crosses lenihavenue, givlngan op portunity inr auothei s.nah grass plot. Almost level at this point, the drive ior i,UOO teei. beginning at Eighty-second street, lias been raised more mail twenty feet, xai,uuo cubic .yards oi earth having been required. A lew outlaws standing as buiit years since upon tho sir tat .lie old grade are so far down lu the lintlow dial the roatl is barely visi ble irom the second storv windows. Yet the value of the properly 14 unquestioned; one only has to ask the price to iind out that. ArfKAlUNl'KS AltK SUMKTIMI.S VKItY DECEPTIVE. new streeis, partially completed, are to be seen peuctratiug snort distance < into the rocks ordown sleep declivities. They remind oue ol the roads at Mugb.v Junction, which started vff us ii they lnten.iei to" lead to some place, but gave up in despair, because there was no place to be readied. Neur Ninety-sixth street uu.ulicr tilling ol some magnitude is lound. "It is 1,400 feet in length and consumed u.'i.uoj cubic yards oi earth," remarked the Ghiel Kugmeer. | PASTOUAI. LIKE IN THE ("ITY. ! Many of the dwellers along the Boulevard retain J their rustic meiu and inauiialn a senioiaucc of , country life. A journey down town is to some an event ol rare occurrence aud thc.y know less about the piesent condit.oii ol Hie city proper tiiun many people residing l,ouu miles uway. An old man and two boys, engaged in ploughing a Held oil the east ern sid.', stopped their woik ami gav;ed lonir and intently at a steam-roller which trundled slowly along the ihoioughnii e. I. ven u p issuig team w..s siiiiieient to distract their attention irom their work. A son o. tins rustic race, scarce out ol pina fores, meandered down the boulevard leading a cow to pasture. Happy, thougntless, such , as these, live on tlic lirand boulevard ' A TH1NU OK BEAUTY NOT A JOY. We were soon a.tcr approached by a cordon of sprinkling wagons, moving lour abreast upon our iront, and we escaped to the o.lier side ot the drive. The beauty ot the centrepieces was ad mirably illustrated. So short are the corners and ' so narrow are tue prospective cross streets that not until the horso Imd been careiully checked up 1 uud turned around did our driver make the bold , effort oi getting across into the other road. Still, ; Yi itii Micii a s.iioot li and solid road bed, no one out a cross driver could complain at the narrowness of the streets connecting the two sections ol the Boulevard. The drive at 105th street turns into Eleventh avenue, and tue stalely brown stone buildings of lilooiiiiugdalo Asylum, seen lor some distance back, come into the loreground. The sombre appear ance of sucii institution* lu general is mncti dis pelled in this Instance by the liuud.-iome grounds, filled with shade trees aud shrubbery. A close carriage was seen drlviug slowly up through the j gfounus, its inmates doubtless hound oil a visit to fGkrtie unhappy friend, dragging out a life which I is more dread. ul than deuth. I A UKAN l> VIEW. ! Our carriage halted on the brow of a long de scent leading to Manhattan street, uud below was I seeu at once the quaint old village ol t.he past and to the right evidences of the typical suburban town ! ol ihc future. Tuts idll is about one-quarter of a mile lu length, aud in the time ol rain storms great torrents of water rash down, threatening to destroy the even surface ?f the roadway. To pro vide agatnsM Ids the Telford pavement was laid with unusual care, and a large sewer, witu ire- ; que at openings from the gutters, was built. This hid and the one which rises beyond, will ; lor several years require considerable watching j to pieveut the ruins from destroying it. At present the Boulevard at this point is In the very ! best condition. '1 he firm, smooth rond affords tho Ix-st ol looting lor horses, ami, although the grade ! is steep, loaded teams ascend without much dlfll? 1 culiy. it does not afford auy Impediment to car- i riago travel. I M AN II ATT ANV 1 1. I.E. j Manhattan street, in the valley which lies at the ] foot <>2 tlii-. ioii<^ lull, runs fiuin Eighth avenue to i i ne Hudson Klver, and will, undoubtedly, be the i thourougluarc for all trafllc iroin river lo 'river ! through llur.em and M iniiai tanville. It has been ! widened to 100 feet, nnJ i ho carriage drive is ex- [ tended down to the Hudson on one side and j through J;'. /tli street to Hie liarN-in on the other. Tlie Grand lioulevard aweeuds from Manhattan street until TRINITY CEMfTEItT is reached, passing aioux the route nnnioroua villas and considerable Improved property. Froui l.'ijth street to Inuood the Boulevard is uiiopeu?<l. The coamlsslonera appointed to opeu the thorough fare and assess awards lor damage have made , their report, and there only remains some legal j ! formalities to be gone through before work ' will be begun. The Boulevard'ls to be connected , witn Teath avenne and avenue St. Nicholas by ! l&stn street. The excavation, now in progress, is , through rock, and the street wifl hardly be open before the end ol the season. From Ninth avenue ! to the Boulevard the grates on this street are j quite easy, but beyond this point down to the Hud- i son Klver tne gia>ie la about one foot in eleven . ' feet. The incline Irom Ninth avenue down to j ! McComb's bam mil be equally steep. j TROTH AVt.Nl'B 1 | is opened, although not entirely completed, to j 155th street. Above this point it is a chaos of ; broken stone, mounds of earth, surveyors' stakes and carts, with their accompanying gangs of : laborers. The heaviest excavation and tilling Is at Fort George, near which point the avenue 1 begins to cuive toward Eleventh avenue. For too . feet the catting is miiy thirty feet in depth, the avenue skirting the nearly precipitous sides oi tho j Heights, which renders necessary the construction I of a heavy retaining wall on the eastern side. The j wall is lully forty feet lu height lor a considerate ] distance. South oi the High bridge reservoir an- , other heavy till arnd retaining wall has been built, i AVKNl'H MT. NICHOLAS. I Turning from lufitti street into St. Nicholas ave- I nue we found ourselves on the top ol a lofty hill , overlooking the Ilarlein River and a portion of < Westchester county. He. ore us, down to 110th street, stretched a smeoth drive loo ieet in width. It is intended to serve as one of the main outlets to the Central Park; following the line of Harlem lane to Fightli avenue, thence along tin; base ol a I high rocky ridge mill it Intersects Ninth. avenue, which line it retains until it I merges into the old King?bndge road at | the point where we aie now standing. Tins work was begun by the Park Co re mission era I In December, 1889, and was, like the other public I drives in the upper end of the city, turned over to I the Department of Public Works in June, 1872. Our carnage now began a descent of 21, leet in esch loo, or 132 leet to the mile, out I1 we reached la^tli street. This grade Is on a nc w > end, winch, by several heavy cuts In the hillside, v.. ry ing from twenty-five to thirty-eight feet, avslds the old and circuitous rente up "Break neck Hill." The property along the line of this avenue is lis yet comparatively unimproved, but numerous elegant vilia sites abound, and will deubtless lu time ilnd buyers. Not a lew ol the large poplars and maples which have for years shaded poitions ol the old road arc sect, standing here and there, and they may yet shield from tho burning sun tt.e grandchildren of the former visit ors to tne Kingsbridge road. The total excavation up the hillslih' amounted to 102, ooo cubic yard .4, ,ind the titling to as much more. Avenue St. Nicholas will be entirely finished by September next. SIXTH AVENt'K, from the npper end of Central Park to the narlem Uiver, Is a most oeaulllnl wide roadway about two and a quarter miles long, laid with theTeltord pavement, and covered to a depth of ten inches with macadaisl/.cd stone. The curb stones and lampposts have all been set, and the shade trees, to mslte the drive enjoyable in warm weather, are the next necessity. The work an this avenue was completed in Dcceaber, 1871, and no money has since been expended upon It except for care and maintenance. SEVENTH AVBXt'B. frem the northern end of Central Park to ttie Har lem Klver is entirely open, and, like Hlxtt- avenue. Is a delightful and level carriage road. The prop erty along Its entire line is destitute of Improve ments; and here we have the strange anomaly ol a supert) avenue which is at present enjoyed only by those who reside In distant parts of tnu city, it Is a street without residents, a thoroughfare heavily travelled in the morning and evening hut deserted at midday. Along its cntjrre length 508,000 cnblc yards of earth ana were excavated, of which more than one-half was through solid rack. Like Sixth avenue, the next groat want is shade, and rows ol eim along their sides would make these drives tlyMan. MORNIHflBIDI AVEHtTW. The summit of a rocky blue, which overlooks the Hudson Klvr and lies between Eighth and Tenth avenues and Hot h and 123d streets, has been set aside tar a breathing pl.nce. to be called Morning slde ]*&rk. At present it is lint a huge mass of rock, apparently Impossible ol reduction by any amount oi 'landscape gardening. Along the eastern and wr stern sides of tills future park two ave r.oes are t>etng constructed, which will fnrnlsh access from the lower country arid Central Park. Work was begun on West Moriiing-dde avenue in July, 1872. The regu lating and grading was of the heaviest kind, the excavation being chiefly oi rock and fully cubic yards of earth being required from outside ' the line oi the road. Ueavy retaining walls had to be built, ho us to economize In filling as well an or the bencllt of 'ho I'ark. I usi Mom nu.s.un avenue clings to the side ?f t lit: rocky i> uir and at'a ns an e.e>atiou xufllcieut to /ivo a view. 01 nil ttio level crt.iniry exteiioiug to tho town of llarlem. A li aw biuiiu wall, lort.r feet in I) itflif at oil ? point, lias been built a* a protection to tho road. I ne grade, though steep, i* evenly divided and everything is doue to nuke Hi ? drive popular. Work is in progress on Riverside avenue, bat It id in vec sslble to earr a;?'f. Taken u.i .1 (lu present condition of the public drives and tlio Boulevard in audi as to le lleei credit ii|iOn ttie Dep irtioent oi I'u'.l.c \\ orks, und t lie prospects of luture g.Hiuleur are readily He u, si.ould I lie ptuiiH under which lUeir construc tion lias been pursued 1,0 c u rl id out. HORSE NOTES. Mr. It. W. Cameron lias sold tun chcstnut Ally Invcr, by LcamHutoa, dam Adelaide, wttli her cult foal by lionnie Dundee, threa years old, to Mr. John &!. Ma tthews, of Lowell, Mich. Air. Gamoron also soul to tlio Hame gentleman tue bay Ally by iui po ted Warminster, dam F.oridc, two years old. Mr. Samuel Kinerson will act as Judge id all the trotting r icos during tliu coming season at Myotic Park, Koston, tho lessee, Mr. Lon Morris, has en gage. 1 his services for the year iu that capacity. I A trotting match has boon made between O. A. llickok's chestnut stallion K:tuo uud S. II. Whip ple's stalll n A. ax lor $2,600 aside, mile heat*, best three in live, tho race to como oil' over the Oak land Trotting l'ark Course, Cali.ornia, on tho 12th instant. Mr, Tompkins, of Iioston, has sold his black mare I.ady Judith, by Draco, out of Lady llalcli, to a gentleman ol this city, lor $0,000. Ho lias also sold his black gelding Satau for $4,500. John W. Conley, oi Flushing, sold his bay gelding ? He, po recently to W. 11. Crawiord. lor a gentlo lnau residing in Western Pennsylvania. Iieppo is I a very last horse, but not very reliable. The Magnolia Club, of Mobile, have postponed th >lr race meeting until a tcr tho Louisiana Club races at New Orleans are over. Kmclinc, by Brown Dick, died at Mobile on tho 13th ult. She belonged to Mr. Cottrill. netting has commenced on tho Karato^a Cnp be tween Harry Hassettand Monarchist, both to start. Mr. J. C. Deyo, of Jackson, Mlcli., has sold to Mr. Charles M. lieed, of Krle, Pa., tho chestnut trot ting mare Lady lilakc, for $5,000. Lady Bluko lias a record of 2 I). Swigert, of Spring Station, Ky., tins sold his I chestnut colt Acrobat, by Lexington, (Jam Saily Lewis, by Ulencoe, two yenis old, to Mr. Charles S. Lloyd, for K. W. Sears, of Boston. Acrobat is j cngafred in the Saratoga and Kentucky Stakes, at Saratoga, this year, and in the llelmont, Jersey Derby, Ocean Hotel, Travers and Kennel s Slakes, for 1874. August llelmont lately purchased In Franco a mare by Mouariue, dam La l'oucqucs, by tho liaron. The Saratoga Association have changed the time for the several events which have heretoiore closed on 151 h ol July to the 15th of August. The dam ol t.he trotting gelding Jim Irving, owned by W. IL Wilson, of LcxlURton, Ky., dropped a line filly not long since at Ashland Park. Mr. K. It. Stout, of Midway, Ky., purchased recently William Sto it's half Interest in the brother of the trotting gelding Jim Irving. The young stallion Is lour years old, sixteen hands high, and a beautl lul bay In color. THE ICE TitADE. Prospect* for the Coming Sru*oii?,\ Full Crop, lint No Diminution In Prices? of the IIi|fU Turill'? A Scarcity oi' Ice in Midwinter* As usual ubout this time of year a "scare" has been crcated by a rumor that the Ice companies had lormeil a combination for tho pnrpo?e of forcing uu advance In tho cost of icc und thus cause this commodity, which is now uu uctuul necessity, to become a luxury. Should such a result come about it would ; cause untold suffering In many quarters. The Icc trade lias become an extensive brunch of industry, und, should prices be run up su as to compel the practice of greater ec onomy, and thus interfere with the consumption, it would act ugulnst the corporations and those employed by | tliem In preparing and delivering tlio blocks of cooling crystal. For the purpose of learning the feelings and intentions ol the official! of the prin cipal corporations on the subject a IIbkai.ii re porter yesterday culled at the oillces of the Knick erbocker and Washington Ice Cviupunieu und as certained that there will be NO MAThKIAL INCKKASB IN I'BICES, except, perhaps, to tho larger consumers. In the oillce ol the former company the reporter found Mr. Maclay, the Vice President, who informed ttre reporter that hlB company, und, indeed, all the companies, hud full crops of Ice, und generally oi a niucii betiur quality than usual. Last your the Companies did not mnke much money, because there were so many small dealers or specu- | lators iu the business, in 1870, owiug to the extreme mildness ot the weather, and tuu fact that the river remained more or less open the entire Winter, the supply was very scarce and the prices were necessarily very high. Many people thought these were "fancy prices," und so went into the business. The Hudson did not freeze up much better after Unit, und in 1871 Hi re came u rcvul don. and, ol course, much loss; iu 1H 12 the prices were better, but not remunerative, und thH year, owing to the increased cost of harvest nig the ice, it will probably bo found necessary to raise the prices, as above stated, to the lurgu con- j , sumers, such us hotels and packing houses. I TUK CAUSE OK THh INC 11K A.*- hi' U'lHT ' t? owing to the grrat severity of the Winter and the inordinate number und frequency of snow- [ | storms and the Isr^e quantities of snow, iieeesdtat- i i ing a great amount, orexi ra labor. Iteiore the Ice had i become thick enough lor cutting tue heavy siiow- I storm came. The li e was strong enough to bear up , ' the weight ol the snow, and when the ice bad be I come thick enough It was necessary to clean the snow off before uuv ether work could be done. This required two sweepings, and several times during the season it happened that as soon as tlio Ice would be nicely cleared another snowstorm would come. The snow must then be cleared oil again, und It w as found that, the snow thawing, the water tell thPUgli to the Icc curat e, aim, becoming congealed, formed what is known ks "snow Ice." 'ibis, of course, could not be har vested, and It was requisite to plane It off. "It generally required to be twice planed off, so that bciore the ice was ready to cut and house it was gone over lrom four to dx times. The ice Itself i costs the companies nothing, bo that no capital Is expended lor stock ; but the extra labor required, as above described, Increased the cost of collect ing and Ivousing tno ice some forty per cent. l>ur Ing the past Winter the consumption lncreas >U'i t much that, strange as it ? may appear, there <?us actually A SCARCITY op ICE IV MID-WINTER. The severity of the frost kept the river closed longer and lower down than usual, so that tho companies conld not send down an extra supply. The companies stock their barges at the beginning oi the winter and the ice thus stocked generally suffices for the consumption during the Winter. I This year, however, the stock ran out and the I o'jiy Ice that could be got to this I city way by means of a plan adopted by the Knickerbocker Company catting a canal from Kockland l.ake landing at Pleiwont landing, a distance of nine miles, towing the Ice down tnls canal, loadlug It Into the barges At Tier mont and snipping It thence to New York. Notwithstanding all these drawbacks the Knick erbocker Company has stored some floo.wi tons in its bouses, including 126,000 ut Kockland Luke, tho remainder being along the Hudson, at Marl-, borough, Poighkeepsle, New Faltz, Stadtsburg, KUmobeek, Ksoptts, New Hamburg, Athens, Cnt skill, Coxsackle, bchodock Island and New Haiti more. A fimitAR STATK OP AFFAIBS exists In the ether companies. From Mr. M. Leon ard, I "resident of the Washington, tt was learned tiiat at least $26,000 extra was paid this year t>y his company for preparing the ice for harvesting: clearing the snow, planing off the "snow Ice" and keeping the "canals" open. This company bus stored about two hundred and flity thousand tons of ice in Its houses at ltondout, Kingston, Washing ton, Glasgow, CatskUL Athens, Coeymau's und other places along the Hudson. Mr. Leouard states that, although his company would like to obtain a higher price than was exacted last year, they can not demand It and do not anticipate that any in crease wfll be asked. The Mutual, Consumers' and National companies, have also lull houses and there cannot b? any lei,r of a scarcity. There ure In the neighborhood ol l,ooo,noo or more tons ready lor use, owned by \he companies as .Vllows / COO.OOC VS nohiiiKton iWi.OW Mutual . 75,000 Consumers' >?.... ftMUl Na ionai 80, OUt Should an Increase of price be demanded It la pronable that loo will cost the hotels, and other large consumers from twenty-tlve cent?, to thirty centu per hundredweight and faiiiilles#u|(()ut seventy-flu cents per week tor the usual-s'.aed lumps, supposed to weigh about fifteen poo /ids. These are not much above the ordinary r, rices, and unless some new combination to "buV the Ice market should be made the suffering w ,n not t?e as bad us seems, ! lu some iuurtcrsl to li^ve been anticipated. THE LATE CUBAN VICTORY. Capture of the Fortified City and Port of Manzanillo. Immense Boo' 7 Falling Into the Hands oi the Patriots. Bkstch of the City? Captain General CobaHoe Apprehending a Revolution in Ha vana?Hie Telegram to Madrid. News h?H been received In this city from Havana, through Spuusii source*, confirming to? report trtatth" for i litod city and prominent seaport of Manzanillo, nuu aeJ In the Ouli ol <Juacanayt?e? In the Eastern district of Cub.i, hail recently boea captured by tno Oub.tu patriots. An iiuiuciise amouut ot booty tn money, muni tions of war anil provisions had (alien Into tbe bands of the patriots, who sacked the town. It appears tiiat information wa? taken to the patriot forces by some ot the residents in Man/.aa 1II0 that a large numoer of the Spanish troops sta* tioned thert! were about leaving the city to harass the enemy, unit that the Cuban force- w.iltud til the Spaniards were distance oir and then made a success. ui nlyht attack. It was by similar tactics that the city of lioltruin, with an immense booty, was captured a few months ago. Til K NKWS KOKKHllADOWKD. The Vice I'residcut of the ItepnMic of Cuba. Mr Francisco V. Aguilera, lately received lettors irom Cuba Libra Iniounlng hi:u that the desccnt tn fjues tiou was iu contemplation, and that laige bodies of patriots were about concentrating around the city. SKETCH OP M AN/.AN I f.t.O. Manzanillo contains a population variously eatl. muted at Iroin six to eight thousand souls. It is strongly fortified and contains a heavily built fort In Hie centre of the town, with an observa tory alHive, to winch access can ouiy be hail by a drawbridge, winch loads over a deep moat. The city ranks next in the Kastern department to Santiago de Cuba. Its stores are many aud handsome; there air also large warehouses along the port, where sugar luuu the plantations is received previous to shipment. The principal exportation to this couutry irotn Manzanillo are su<.ar, inula, ses, cotlee, honey, cedar, lignum vitai, luetic, .tc. The Spanish uuu boats patrolling around the Islaud in ciuest of Cuban liberating expeditions, make Manzanillo one ot tnelr principal halting places. The plains ot Vura, where the revolution commenced, are situated ataveiy short distance Iroui this place. A lew mouths uixo lortv Spanish soldiers wore executed near Maii/aulllo on the uccusutiou ol being iriendly to the patriot Cubans. T1IK CAPTAIN 0 BN KU all FEARINO A REVOLUTION IN HAVANA. In addition to the foregoing information news has also been received that fapiaiu Cieucrul Oe tmlios lias telegraphed to Madrid that a large body ol troops aie imperatively wanted ai lia ana, as a revolution in that city among the Spa.nard.t tuay break out uny moment. Tbe s.aves aro also re ported to be meditating a revolt. i.os AMICUS 1)K OUIIA. A consolidation ol the Cubau societies In tfila city Is now taking place, aud tuc name of the new society, which proposes tuo consolidation is "I.os Amlgos <le Cuba,'' which, translated, means. "The Friends of Cuba." lhe well-known Cuban societies, "Los Laborantes Cuiianos" and "La Auxllladora," have dissolved, r.nd. their members have enrolled their names In the new combination society. The Oman Association at New Orleans also joins the two Mew York so cieties just mentioned in the union. The officers of the new association slate that they believe tuey will be joined by the other societies at litiiadelplila, iiaitmiore, Key West, Ac., who will remit them lauds lor scudiiig out liberating expeditions to. Cuba. Downtown offices are to be secured to-day,, and no time is to be lost. Among the supporters, ol tins movement may In- mentioned M*hsis. Miguel doAldama, L. del Moute, Hranioslo, Angelica and. other liitliiftitial men. 'lhe lollowiug aro th? names ot the officers of Los Amigos de Cuba:? ? Ceneral Juan Diaz de Villeiraa, President; 1*. M. Rivero, Secretary; H. Artoagu, Treasurer, iu addi tion to winch tlm loliowmg conimitt<>c ol lour baa been appointed; ? Messrs. J. J. Diaz, N. Mektie, ililario Ulaneros and Vicente liueno. GRANT AND CUBA. Letter from I. M. Jtlnelua to the f*real? (lent? A Simple Word of Charily to Cabn Attketl. Will a ku's IIotkl, Feb, ?, W 73. To Ills Excellency General U. S. Chant, President of the United .states of America:? Sin? Some hours ugo, while visiting tho Nation* al Capitol, when my in i n < I was deeply engaged 'n the consideration of the .>-nd fate of my nativo country, the island of Cuba, I suddenly met you nn' passed closely by your side. My (list lmpres siou iu seeiug so near me the illustrious citizen wiio fills and serves tlie first oilice iu my adopted country, was to address liiiu In my double capacity of an American citizen uml a Cuban by birth, aud ask of lam iu the name of Cuba and Immunity to take such action as to deserve, not only tiie gratitude of Cubans, but a<ao the hearty approval of the American people, and ol the whole people of the civilized worVI. Respect, however, restrained me. Perhaps noLMicr the place nor the moment uffordod the best opportunity ol setting lorth my feelings and the feelings of the Cu bans. I.ut I made up ray tnlnd to write to you thia letter, and, true to the iuspiruUou 1 then felt, i ap peal to you. 1 do not ask of yor, sir, cither a recognition ol the atatc of bclllgcn ucy between the Cubans uml the Spaniards or anything which could endanger the P'MCeable relations ot this country with Spam anil other I'owers ol me earth. It is u ?t my Int'-u tion to discuss intricate matters ol international law or to suggest any steps which might be at va riance with the duties of neutralities. The condi tion ot the ? ubau revolution is such at present as to authorize on your part a certain action which, besides giving satisfaction to the wishes of tlie American people, as set lorth thr> ugli tuc public press and tlirougn every possible mean? of mani festation, would certainly place your name In his tory, not only ?* a great, soldier, but us a Christian stati smau, true to in*. pnucipii a ol lus age aud country. When Greeks and Turks were ?nga!*ed In a war very similar to that which rages in t uba, Russia. France and England proposed au armistice aud other measure*, which were related at the liegiu iiing, but success! ii'iy euloiccd afterwards. A noble Christian feeling prompted the ftetitD e l those Powers, aud the csontlict was ??on over. The kingdom cl Greece sprung lr> m thuA ge nerous in tervention. When Caiilstas uml laabuliiioa were waging in Spain the same cruel war now devas tating the island of Cuba ib<# volco of England was heard, ah J i ae Elliott 'I *-c.ity was concluded to regularize the war and tnaVe it more couforiuaoiaJ with tlie ruies of ctvllt/,at>*n and humanity. IpYou nave said,. sir, that the Cuban struggle wan an "exterminating confi'ct." You have seen thaa, besUVt's the means ol lu-tion contained in some Spanish proclamations which yi?ur secretary vl State oitlclally denounced as 'Hnfamoas,'' alavei-y, wivii allits horrors, stiu exists, and that, alter lonr yi ars rtT'feariul horro*, thee Is no indication ol the ability of the Spaidards U? put d'^wu the revo lution. A resolution lias just l een Introduced In tha Bouse of Representatives recommending yoo "to open communications with foreign government*, ol Amcrica and Europe, wltu a view to consider the most etticient means ol protecting noii-coiubalanta and enforcing the rules of civilised war, bringing about emancipation uud securing more peaoeublo relations between Cuba and tlie Spanish govern meut." In the same spirit were ether resolutions Introduced ai/d even passed during the Urst and second sessions of this Congress. The American people ftr< ngly sympathize with the Cuban patriots. Your Secretary ol State acknowledged very plain', y in his oillcial note* how difficult li is to rest rain this opinion. The Republics or South America <:omc together to ask of your government a Simple word or charity to Cuba. England, iroui who* .*oU I tiave juat come, shows Iter good dis posing towards Cuba through the public presa and Mie eloquent specchcB of influential member# of Parliament. Vhy, sir, do yon remain sUent when the wholo ci vilized world is looking at you ami waiting lor America's decision on an American questiouf Though the action of certata individuals and relti gees, owing to their inexperience or to etner causes, may not have dest rved yonr approval, can. this be a reason for Ignoring the j'reat, noble prin ciples Involved In Cuba's struggle? Is tt not a struggle for Independence an* self-government? Has Cuba done aught that the American people did not do loo years ago? that has not lieen done by all other countries ot the New World? Is there any thing anomalous In this movement for Independ ence and liberty? la It not a movement widen proclaimed the emancipation of the slaves am? lorced reluctant Spam to ponder on ltv l'h ? justice of the cause ol Cuba, irrespective ol incidental or cumstancaa, cannot be doubted lor a moue'iii. Why, then, not advance the action of Congrc-s ?y accepting the programme wlileh ia uow under uia 1 cussiou? _ . K y so doing, Mr. President, vou will have ?ct*w I Jnstlv and murciiuily and add imperishable iaun a to the ciown uo w wuru by you. Hespoi'*1"''! yours, J. M, M.VC1A3*

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