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diff --git a/old/55090-0.txt b/old/55090-0.txt deleted file mode 100644 index 3e15338..0000000 --- a/old/55090-0.txt +++ /dev/null @@ -1,1442 +0,0 @@ -The Project Gutenberg EBook of Stephen H. Branch's Alligator Vol. 1 No. -20, September 4, 1858, by Stephen H. Branch - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: Stephen H. Branch's Alligator Vol. 1 No. 20, September 4, 1858 - -Author: Stephen H. Branch - -Release Date: July 11, 2017 [EBook #55090] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK BRANCH'S ALLIGATOR, SEPT 4, 1858 *** - - - - -Produced by Richard Tonsing, The Online Distributed -Proofreading Team at http://www.pgdp.net (This file was -produced from images generously made available by The -Internet Archive) - - - - - - - - - - STEPHEN H. BRANCH’S - ALLIGATOR. - - - Volume I.—No. 20 SATURDAY, SEPTEMBER 4, Price 2 Cents. - 1858. - - - - - And they Stoned Stephen. - - -We are told by the Holy Scriptures that one of the Apostles, who, -preaching integrity and truth to the Pharisees of old, offended those -who belonged to the Tabernacle of libertines, was brought before the -council, which, by arousing public sentiment in a seditious manner, -caused Stephen to be stoned. And in our modern day they have likewise -stoned Stephen by placing him, unaccustomed to toil, and guiltless of -all crime, save the free exercise of opinion, to labor in a quarry along -with felons, thieves, and other obnoxious convicts; and in this wise -have our modern Pharisees stoned Stephen. - -The Warden of the Penitentiary, suffering from din of public opinion, -has seen proper to extenuate his conduct by stating that he was -compelled, by rigidity of duty, thus to place Mr. Branch in a position -of labor. Thus has he communicated his thoughts for publication to the -editor of the _Sunday Mercury_, and when he uttered them he was well -aware that they were a mere subterfuge to avoid personal indignity. And -now we challenge the Warden to show one single word in his instructions -rendering it compulsory upon him to employ any one soul in the quarrying -of stone. On the contrary, his instructions particularly enjoin upon him -the exercise of moderation and forbearance as a taskmaster, and most -explicitly direct that no prisoner, incapable of physical labor, shall -be employed at manual servitude. The law of the State, despite the -tendencies of Mr. Fitch, recognizes every being, created in human form, -to be possessed of a soul, as well as being of value to the -commonwealth; for a man incarcerated in the penitentiary, is not devoid -of civil life as is the case with a convict to the State prison, and -wherefore then did he stone Stephen? - -Mr. Fitch, the Warden, may remember that a woman, convicted of the most -brutal of crimes, which the law unfortunately has left unvisited by -proper punishment, that of the murder of the innocents, as yet unborn, -was, during her residence at the Island, favored not only with the -comforts, but the luxuries of an easy existence. And still they stoned -Stephen. - -The Warden, in addition to this instance of the famous Madame Restell, -may remember that a French gentleman, convicted of a most gross and -obscene libel upon the Rev. Mr. Verien, was not only suffered to remain -in idleness, and without the prison clothes, but was absolutely lodged -in the Warden’s house, remunerating him for his comfortable existence by -instructing his daughters in a knowledge of the French tongue. And still -they stoned Stephen! - -The Warden may remember, moreover, that Mr. Judson, convicted of a -misdemeanor in exciting the Astor Place riot, was allowed two days of -weekly absence to attend the publication of a journal by him published—a -fact notorious to every reader of _Ned Buntline’s Own_. And still they -stoned Stephen! - -We are sorry that the Warden so far committed himself as intentionally -to persecute a harmless, unoffensive man, whose true crime is a steady -adherence to truth. Allow us to assure him that while we admire his -penitence for the moment, we cannot forgive the fact that he stoned -Stephen! - - - - - Is the Atlantic Telegraph Actually Complete? - - -It is still doubted by many whether the Atlantic cable is actually laid -and perfect, as is reported. There is, we believe, no actual proof of -the fact, beyond that in the hands of those who have a pecuniary -interest in its being completed. It is said that the Queen’s message and -the President’s reply have been transmitted. Have they? Who knows? - -Mr. Field has notified the public that the line will not be opened for -its use in much less than a month—that he also has resigned the -directorship. Has he sold his stock, and thus disqualified himself from -holding office? And will most of the stock have changed hands within the -month? And will something have happened to the cable in the meantime to -render it useless? Will the directors prove the fact of the cable being -securely laid and in working order, by transmitting a message and -returning an answer, if it is but a single sentence? If they are able to -transmit one word they can do this. It would certainly be too bad if it -should prove to be a Kidd salvage affair. Then all the gas which has -been evolved, and all the powder burnt in the extreme jollification, -would be a total loss; together with part of the City Hall, and Justice -into the bargain. We certainly would advise those who have been lately -canonized to show these surmises to be false before their honors grow -dim. - - - - - A Commotion in the Jarsies. - - -The ALLIGATOR, feeling himself some pumpkins, on Sunday last, ventured -upon an excursion to the Jarsies, as much from a desire to have -universal absolution by a pilgrimage to the shrine of St. Quietus, as -from a longing to fraternize with the gallant Zouave, so particularly -enamored with the “blunt.” Basking in the smiles, literal and liquid, of -the Hotel Napoleon, and, sunned by the presence of the fair hostess, the -Alligator was enwrapt in a pleasant revery, much after the owl-like -manner, in which the sedate and philosophical Peter Cooper presides over -a reform convention. But his repose was broken by learning the -astounding fact that the Jersies, and especially Hoboken, was in a state -of political insurrection, and that for the moment the authority of -James Buchanan, President of these United States, was despised, -contemned and absolutely denounced,—and even one rebel, unconscious of -the Alligator’s presence, absolutely expressed a fervent desire to punch -that dignitary’s venerable head. It seems from all that we can glean, -that the Executive of this Republic, feeling the salvation of the -country to depend upon the electors of Hoboken and the parts -circumjacent, directed the renomination of the representative in -Congress, at present representing that district. This, it seems, was too -much for Jersey patience, exhausted as it is from passive submission to -the tyranny of Camden and Amboy; and, therefore, Hoboken has raised the -standard of revolt in the person of a learned judge, who is to mount the -stump to vindicate the honor of Jersey, and perhaps of its lightning. -How the unterrified democracy will survive this disaffection, we are at -a loss to imagine—for the loss of Hoboken, which familiarly styles -itself our sister city, and a very infant of a sister at that, must be a -bitter pill to an Administration in a tight place. One hope only is -left. Cannot the President induce John McKeon to reduce the rebellious -people to a perpetual slumber by one of his soporific orations; and even -should this fail, perchance Mr. Justice Whitley might be induced to talk -to them for half an hour. We are convinced that the people of Jersey -would do anything rather than submit to this final calamity. - - - - - To Our Readers. - - -During the past few weeks, it has been currently reported in some -quarters, that D. W. JOBSON, Esq., is now conducting the _Alligator_. - -That is not so. Mr. JOBSON never had—has not now, and, for aught we know -at present, never will have anything to do with the _Alligator_. - - - - - Answers to Correspondents. - - - “VAN.”—Your communication will appear in our next issue, it being - received too late to be of use for the moment. - - - - - THE ALLIGATOR. - New York, Saturday, September 4, 1858. - - - - - More Advice to Mr. Barnard. - - -When Mr. Recorder Barnard sat in Solomonic judgment on Stephen H. -Branch, he evidently forgot for the moment the dignity of a judge, and -assumed the questionable attributes of a politician. That Mr. Recorder -Barnard is nominally a lawyer we will admit, for he comes under all -provisions of the New Code, which creates lawyers with the celerity of -machinery; but that he understands the law, we emphatically deny. Before -Mr. Barnard mounted the Bench, was his name ever known to the community -as a successful barrister? Was he ever intrusted with any important -civil or criminal case? Did he ever make a speech the most common-place -reporter thought worthy of being reproduced in type? Not one of those -tests of popularity, which appertain to the career of the most common of -attorneys, seem to apply to the case of our learned Recorder, upon whose -brow honor and glory have stumbled as it were by accident. - -Mr. Barnard, in sentencing Mr. Branch, evidently desired to impress the -public mind with an idea of his individual authority; forgetting that he -was armed with the sword of mercy, he wielded only that of justice, and -with a vindictiveness, as reckless as it was violent, loaned himself to -the wishes of partizan leaders, who daily stand in dread of exposure -from an unbridled press. As vermin cannot dwell in certain atmospheres, -these men stifle coming in contact with the air of a free press; and it -is to them we owe the bitter persecution of free opinion, as is -glowingly instanced in the judgment passed upon Branch. A self-same -punishment would have been meted out to any offending editor, who may -touch the dignity of the confederated band, who thus attempt to throttle -speech, whose freedom should be indigenous to the soil. - -How long has Mr. Barnard learned that a convicted editor is a mere -felon? That he should be maltreated, disgraced, and placed even below -the level of thieves and malefactors? The case of Mr. Branch is probably -the first on record, wherein a man condemned for libel was compelled to -submit to prison discipline, intended only for a minor class of felons. -But as this case has occurred, it has afforded to our people a fair -opportunity of judging upon the irresponsibility, we will not say -imbecility, of an elective judiciary. Catch the most insignificant -errand-boy in the nearest lawyer’s den, and he will give you a better -legal, if not more humane, exposition of the true genius of the laws -than was publicly enunciated by Mr. Recorder Barnard, who indirectly -repudiated pure maxims of jurisprudence, and substituted vagaries of -vengeance. Let us, therefore, profit by this casual display of -sentiment; for say we to all quarters of the city, with a voice as of -that of a watchman in the hour of alarm, that none, not even the pure -and guileless, are safe while fantasies such as these are suffered to be -fulminated from a criminal bench. And likewise mind, we draw a grave -distinction between our civil and criminal judiciary. Unfortunately, the -highest and most respected of our judges are occupied solely with the -rights of property, and we have committed the rights of the person to -the most obscure of obscure attorneys, accidentally thrust from pure -partizan influence upon the Bench. While the truly learned Justice -Clerke, a lawyer such as the way of Christian life would make him, is -simply occupied in matters of dollars and cents, our lives, our persons, -our future, immaculate, are intrusted to the supervision of such learned -pundits as Mr. Recorder Barnard and City Judge Russell. - -Liberty of speech is a right, paramount to that of every other -consideration; it has been treasured as the key-stone to the great, -unwritten Constitution of Britain and of our own land; it is the vital -essence of our political existence, and its abuse has been judicially -tolerated that the spirit shall be perpetuated. But as Mr. Recorder -Barnard has not probably indulged in the intellectual luxury of perusing -Hallam’s Constitutional History—such a work being unknown to the New -Code—we will excuse him from any implied admiration of that respect, -yea, adoration, for personal rights, which animated the manly soul of -Algernon Sidney and fired the patriotism of John Hampden. - -We simply wish to inform Mr. Recorder Barnard that he labors under a -delusion when he presumes libel to be a misdemeanor in the literal sense -of the word, and although the law may be virtually misconstrued in such -a wise as to authorize interpretation that it may verge upon -misdemeanor, still the practice of Courts, presided over by Kent, by -Eldon, and by Camden, has essentially abrogated any such pretence in -fact. In meeting out to Mr. Branch the doom of a common thief, in -disgracing and degrading him before the eyes of a community, he -attempted in a feeble way, it may be observed, to instruct and -enlighten. Mr. Barnard and his satellites not only erred in tempor, but -in absolute legality. They have reaped a harvest of glory in the -unmurmured cases of a sympathetic public who will profit by the lesson -we have received, and hence forward seek not such servants as these. - - - - - The Law’s Delay. - - -It was confidently expected that a revision of the judgment upon Mr. -Branch would have been had in the early part of this week. We, however, -learn from Mr. Ashmead, that the Court being pre-occupied by civil -business, have postponed consideration of his motion until the month of -September, when the learned counsellor feels assured that the relief he -prays for will be granted, and a new trial be had. - -In this sacrifice of personal rights to the emolument of that of -property, we notice the inconsistency of the law which thus creates an -invidious distinction between things animate and inanimate. Here, then, -we have a person kept in jail, in a state of vexatious misery, while the -Court is occupied by the consideration of some quarrel of Smith and -Jones over a bale of cotton, or some other triviality in a commercial -point of view. Now, the most valuable of all rights is that of -locomotion, and the dearest of all writs is that of _habeas corpus_, -instituted expressly for the relief of the individual from unjust -detention. And still all the provisions of this famous act are -neutralized the instant the prisoner gets into the clutches of the -judiciary, whose slow motions are too often a cause of unintentional -wrong-doing. - -In the case of the People _vs._ Haines, the prisoner served his time out -in the State Prison, and was afterward granted a new trial and found not -guilty. Ashley, tried for forgery, served eighteen months, when upon a -new trial he was found guiltless of the crime charged upon him. Much as -we talk about the freedom of our institutions, the rights of prisoners -are too little respected by the tardy process of legal procedure. We -trust that when the new constitution be framed that preference will be -given to all cases involving personal liberty. - - - - - The First of September—let us remember. - - -It was observed by an English writer the heart of an alderman lays in -his belly. It may be true of an English alderman, but with ours the -centre of all affections rests in the pocket—touch him there, and you -draw his life’s blood. Dining is the mere relaxation with our aldermanic -council, by which they occasionally while away the fatigues of -mathematical calculations on the gross profits of contracts. They eat -not as a matter of duty, but from absolute necessity. We are to have a -municipal banquet on the first of September, to testify our joy at the -successful laying of the Atlantic Cable; and the same gentlemen, who did -the mourning over James Munroe, have kindly condescended to do our -merriment over the cable. Our Aldermen have acute sensations; at one -moment they are plunged in the depths of woe, at another they are -frantic with delight. In a word, they do everything, even praise God, -not in church, but at the Crystal Palace. - -We being of the poorer class feeders on pork and beans, are not expected -to have stomachs, capable of being with fat capon lined, so we, tax -payers will have to imagine the splendor of the scene, seen through the -gloomy columns of a morning newspaper. And therefore let us riot in -imagination and taste the pleasures of the honor in anticipation. - -We see before us, seated in his chair of state, the great Puttyman, and -we worship his Worship like unto the mighty Bendimeer, for him to speak, -for us to hear. And as the words of humid eloquence are distilled from -his lips, we will wonder how we could unfold so sound, unvarnished a -tale, and admit that painting spoils the lily and the rose, until -weighed down by the profundity of magisterial love, we unconsciously -droop to balmy slumber. And then we shall have Alderman Clancy, whose -soft persuasive tones shall wake thunders of applause, as he extols the -fighting glories of the Sixth, and promises that if the cable has -necessity of gallant defenders, he knows a band ready to fight for it. - -And then there will be the grave and illustrious Peter, who will act the -part of the skeleton at the Egyptian feast, with an occasional smile as -a token of our approaching smile. He will make but few remarks; the most -telling of which will be a short sentence, offering the use of the -basement cellar of the Institute wherein to coil away the tail end of -the cable. - -And then we will have Simeon Draper, the facetious prince of diners-out, -whose portly presence was never known to fail a municipal feast. He will -illuminate us with jokes, such as were wont to enliven the monotony of -an Alms House board. And then we will mourn to think that some day must -come when the Corporation Yorick will be no more. - -It will be a great feast!—a revelry of wit, humor, and sentiment; a -gathering together of all imaginable elements of greatness, from every -quarter of the city, and it is only to be regretted that the Lord Mayor -of London and him of Dublin cannot be sent, per the cable, to -participate in the scene of self-glorification, it would afford them -such an instructive lesson in the principles of municipal democracy. But -as they are requested to dine simultaneously with our body corporate, so -shall the _Alligator_, in an humble manner, it must be conceded, for we -dine at our own expense—a consideration not entering into the heads of -our authorities. At the exact moment when Simeon Draper cracks his sixth -joke, the _Alligator_ will honor Waterman with a command for “ein -lager!” - - - - - Long Branch and Short Branch. - - -While Branch rusticates upon the Island, Long Branch has had the honor -of a most distinguished assembly, lay, clerical and divine. While -Alderman Clancy, pink of municipal Nestors, has consented to bloom away -from Blossom Lodge, and here to perform the duties of the Mayoralty, his -Honor, the great Puttyman, comfortably dozes to the music of Jersey -musquitos, his repose only broken by the unwelcome intrusion of John -McKeon—the leanest of Pharoah’s lean kine. His Honor and the inevitable -John, although doubtlessly the master spirits of the mysterious -conference held at the Branch, and which will probably be elucidated -after the next election, however played second fiddle to Archbishop -Hughes, a venerable prelate, who, well aware of the qualities of putty, -can mould it at his will. What Peter Cooper does at the conference -beyond yarning, it is difficult to imagine, his peculiarities being -generally limited to that operation of the muscles. If these worthy -gentlemen can conceive that they can use the Archbishop for their -political purposes, they are slightly mistaken, for that enthusiastic -prelate is too old a bird to be caught by any kind of chaff, and we -doubt whether Puttyman & Co. can manufacture salt enough from the -Atlantic ocean to be placed on his venerable tail. We may remind this -scheming crew, that, some years ago Governor Seward and his private -governor, Thurlow Weed, attempted a sale of the worthy Archbishop, who, -in return for the compliment, bought himself in and sold out his -would-be purchasers at a remarkably low figure. With this decided case -before their eyes, we beg to caution poor Puttyman and Peter to keep -their eyes skinned, otherwise they may be found embalmed within the new -Cathedral. - - - - - All for a Quarter. - - -We read in the daily prints that a gentleman by the name of Hoey, while -returning from Rockaway, in company with a gentleman and lady, in -passing a turnpike gate, gave the girl, attending the bar, a coin which -he presumed to be a good American quarter dollar, but which the girl -pronounced to be bad. The turnpike man, who chances to be a justice of -the peace, immediately caused the arrest of all parties, who were forced -to send to Rockaway for bail. Even after the arrival of the bail the -party were detained several hours from lack of the necessary printed -blanks, while Mr. Justice and turnpike man Pearsall, copied the process -from a musty law tome. It is needless to add that upon the appearance of -Mr. Hoey and counsel from New York, all proceedings were dismissed as -frivolous. - -Gross as this outrage may appear at the first blush, and intense as was -the stupidity of the Long Island Dogberry, it can be daily paralleled by -the actions of our own law courts, especially when we extract our police -magistrates from barrooms and grogeries. Now one question: Have we one -single police magistrate in this city who ever swept out a lawyers -office, much less ever studied the profession? They are doubtlessly -intelligent and well-meaning men, but then they are not lawyers, and -consequently unfit to be entrusted with the custody of our personal -independence. No right can be dearer than that of free locomotion, and -therefore we should be more particular in the selection of these judges, -than those controlling the right of property. Imprisonment, like the dew -of heaven, falls alike upon the rich and the poor, and no citizen should -be jeopardized as to personal liberty and representation without the -strongest possible precaution. - - - - - News from a Watering Place. - - -Peter Cooper, the learned, astute, and never to be forgotten Peter, -finds it to be invaluable to his health, to snuff the sea breeze in the -classic freshness of Long Branch. Archbishop John, fatigued with the -cares of Cathedral dedication, found it likewise to his advantage to -smell the air in the same locality, and for fear of want of amusement he -brought with him the Vicar General of his diocese, and a brother of some -order—probably of the Redemptorists, or of some other evangelical -pawnbrokers. And a very strange peculiarity in the atmosphere brought to -the self-same spot, our most illustrious municipal executive Daniel F. -Tiemann. And being mutual acquaintances, on Sunday last, they enjoyed a -most comfortable chat, regulating the moral, sanitary and religious -condition of our citizens, when Peter suddenly disappeared, and his body -was only recovered a few hours before nightfall, when he was discovered -thoroughly impregnated with a speech, which he will probably transmit to -posterity upon the walls of the Institute, but which in reality is the -personal property of Archbishop Hughes. And on the morrow Peter, like -his saintly namesake, being a fisher of fish as well as of men, went -forth to angle with the Vicar General, and the tonsured monk, but what -caught he beside religious truths, which ever hang like diamonds upon -the voices of the Archbishop’s town friends, we regret to say we could -not learn. There must be something over refreshing in the air of Long -Branch, some resuscitating principle which can allure to that spot such -a bevy of worthies, who, to while away their leisure, have probably -settled in every manner, not only the Apostolic succession, but Mayor -Tiemann’s re-election. - - * * * * * - -We would like some of our cotemporaries to tell us what the people have -gained in the election of Daniel F. Tiemann and the defeat of Fernando -Wood. The latter is a statesman, a fine lawyer, quick perception, -brilliant talents, and with all the accusations against him, proved -himself an able, efficient magistrate. But Tiemann, what shall the -historian say of him? Echo answers write—on his tomb stone—“Here lies -the paint manufacturer, Daniel F. Tiemann, who was unfortunately elected -Mayor of New York, through a mistake of his friends. He’s gone—speak -gently of his errors—the city debt mourns—the people they say—nothing.” - - * * * * * - -Owing to the large and increasing demand for the ALLIGATOR, we are -induced, by Mr. Branch’s friends, to enlarge, consequently next week -will appear a full grown monster—covering eight pages. Look out for next -number. It will be rich and racy—full of spice. - - * * * * * - -AN AFTER-THOUGHT.—Mayor Tiemann, in his epistle to the Lord Mayor of -London, remarks, with respect to the Atlantic Telegraph, that “to God be -all praise.” We are glad that the Mayor has, like Saul of Tarsus, seen a -great light, for last week Cyrus W. Field monopolized all the praise. - - * * * * * - -NIAGARA ECLIPSED.—We had always thought that Niagara _falls_ were the -greatest extant, but we are mistaken. We have lately discovered one fall -infinitely greater than the above—Mayor Tiemann’s fall from the good -opinion of the citizens of New York into the arms of James Gordon -Bennett. - - * * * * * - -“A STICK!”—By all means, at all times, we would have our friends _stick_ -beside us; but the assumed friend, who, seeking help, helped himself -with our _composing stick_, from _beside us_, may he soon need a -_crutch_.—[D.] - - - - - A Pertinent Series of Queries. - - - _To the Editor of the Alligator_: - - NEW YORK, August 24, 1858. - - SIR.—There are a few things which I, with many others of my - acquaintances, wish to know, relative to the assistant matron of - Randall’s Island, who figured so conspicuously in the press and in - our Court of Sessions for the last month past. Before putting the - questions, I would just say—as the subject of the note is a - lady—if this were the first piece of scandal the citizens of New - York had any knowledge of in connection with our city - appointments, I, for one, would have been the first to have had - this savory morsel consigned to the “tomb of all the Capulets.” - Unfortunately it is not so. It is a well known fact that those who - are fortunate enough to receive the patronage of the corporation - of New York, and of all the lesser organizations in any way - connected with our city, must, at least _possess one negative_ - qualification—they must be thoroughly destitute of honesty. Add to - this a great talent for plundering the public treasury, drinking - any quantity of rum, talking profanely, and well skilled in - fistiana, drinking _swill milk_ and eating _swill-fed beef_, and, - in a word, in bamboozling everybody. It would appear, from - disclosures lately made in certain quarters, the qualifications of - the female portion of the appointees is in no way higher than the - male portion. - - The first question is—Did the Ten Governors, or any of them, - _know_ that this woman cohabited, as alleged in the _Alligator_ - and not disputed on the trial, with the individual represented as - her friend? If so, this is a sad spectacle to be exhibited before - our wives and daughters. - - In the second place, why did Mayor, then Governor, Tiemann, if he - did not _know_, prevent this _particular friend_ from visiting the - Island, while he permitted all the lady’s other friends to visit - her? - - In the third place, how came this lady to be in want of small sums - of money at different times, and how came she to make her wants - known to Governor Tiemann? And, far more wonderful still, that he - should supply them repeatedly without the former advance being - liquidated? This seems to me passing strange when we come to - reflect on the fact that this woman receives for her services on - the Island $800 per year; no small sum for an assistant matron. - - In the fourth place, if all or any of the above be true—and it may - be true for any thing I know—(the trial of Branch did not at all - touch these questions)—why is the lady not removed from the - Island, for she is totally unfitted for the responsible situation - she now fills? If the charges be false, why does the lady not take - immediate steps to clear herself from this heinous scandal? The - public have a right to demand that she either clear her character - or that she be removed from the Island. - - A WORKING MAN. - - * * * * * - - ☞ The _Sunday Mercury_ reads us a homily, and attempts to - whitewash the conduct of the Warden of the Penitentiary. John - Smith, Jr., of Arkansas, is a great man in his own estimation, and - it is a pity that the appreciation extends no further. - - ☞ The _Tribune_ attempts to advise the Tammany Committee with - regard to their political action. This is extremely civil as well - as kind, and in return for this the Sachems will probably vote the - Republican ticket. There is nothing more useful than perseverance, - if we except putty. - - - - - Supreme Court. - - -_In the matter of Stephen H. Branch undergoing sentence for libel._—Mr. -Ashmead said he had obtained a writ of error in this case. He was at -first disposed to let the judgment be affirmed by this Court without -argument, in order that it might go to the Court of Appeals, but he was -informed by Mr. Branch’s friends that he is failing so fast that the -question is doubtful whether he will live until the Court of Appeals -meets. - -Judge Davies—There is no other business before the Court. - -Mr. Ashmead asked to have a day set down for the argument in this -matter. - -Judge Davies—No, sir; we cannot meet again until the third Monday in -September. - -Mr. Sedgwick, Assistant District Attorney, could not consent to the case -going on out of the regular order. He had no doubt but Mr. McKeon would -like to facilitate the argument; he was, however, out of town, and Mr. -Sedgwick could not name any day. - -Mr. Ashmead said that the defendant’s points were so very clear and the -exceptions taken so indisputable that he had no doubt that the case -could be disposed of in fifteen minutes. - -Mr. Sedgwick said the reason he could not consent was that Mr. Ashmead -had intimated that he would make no strenuous opposition to a judgment -for the people in this Court, in order that the case might go to the -Court of Appeals at the next term; Mr. McKeon had left town with that -understanding, but a few days since Mr. Ashmead gave notice that he -would like to argue the questions here; counsel for the people were not -therefore prepared. - -Mr. Ashmead would consent to judgment for the people _pro forma_, but -Mr. Branch’s friends were importuning him to have the matter disposed -of, as they feared he will not survive until the Court of Appeals meets -in September. - -The Court suggested that if Mr. Branch’s health was such that his life -was endangered, he could be admitted to bail. - -Mr. Sedgwick said that he could be bailed by an order of the Court. - -Judge Davies said this Court would adjourn to to-morrow or Saturday, for -the purpose of hearing the argument, but Mr. Sedgwick could not say when -Mr. McKeon would return. Upon the suggestion of the Court, the case took -the regular order, to come before the General Term on the third Monday -of September, which would give them time to go before the Court of -Appeals on the fourth Tuesday of that month. - -Mr. Ashmead said that he had searched the books, and from the time of -Charles the Second down to the present day, there is no such sentence to -be found on record. - -The Court adjourned _sine die_. - -The following is the substance of Mr. Ashmead’s points for Branch: - -1. In refusing to receive the testimony of the three witnesses who -offered to prove that they told Branch the matters which he published, -and which were charged as libellous, in order to rebut the implication -of malice. - -2. In charging the jury that if the defendant justified or proved the -truth as to two of the parties charged, yet, that inasmuch as the -indictment embraced a libel on three, he must still be found guilty. - -3. That the whole proceedings are _coram non judice_, the Court having -no jurisdiction to originate bills in case of misdemeanor. - -4. In charging the jury that the law presumed malice from the -publication of a libel, without instructing them at the same time that -it was only a _prima facie_ presumption, and could be rebutted by -evidence. - - * * * * * - -BRANCH’S CONDITION.—A gentleman, upon whose statements we can place the -utmost reliance, tells us that a day or two ago he visited Branch at -Blackwell’s Island. After crossing the river and reaching the Island, -the gentleman was shown into a small office attached to the -Penitentiary. At this place he saw one of the clerks present an order -from one of the “Governors,” to be permitted to see Branch. After a few -moments the unfortunate Alligator, but still indomitable Branch, -presented himself. His face was paler than when in the city, and his -general appearance was that of a man who was suffering from a want of -nutritious food and the usual comforts of life. Branch was dressed in -the prison costume, his hair was cropped and his whiskers shaved. He -stated that he was now employed in carrying the tools used by the people -of the quarry, and that, although the work was not necessarily too -severe, yet the fact that he was confined all day amid the dust of the -quarry, and fed on food which his system and appetite revolts at, he was -rapidly losing his strength, and was threatened with a paralysis of his -left side. He stated that he had to get upon several times in the night -to rub his limbs, and that his case was aggravated from the fact that he -was denied the use of slippers, and had consequently to stand on the -stone floor whenever he was obliged to rise from his bed. He says that -if the present severe discipline is not alleviated, he will not live six -weeks, and his chest is severely affected by the dust of the quarry and -the hard labor he has to perform, without adequate food.—_Daily Times._ - -A story is told by Sir Walter Scott, of a Scotch nobleman who had a very -ugly daughter called “Muckle Mouthed Meg,” whom nobody would look at. -Having caught a young man of good family on his estate in some scrape, -he had him tried and condemned to be hanged. When the young man appealed -to him, he told him, “The only way I can save you is by your marrying my -ugly daughter.” The young man said he would be hanged first. When -brought out to the gallows and the rope was seen hanging ready, the -young man cried out, “Let me have another look at her.” - - - - - FALL ELECTION. - - - STATE OF NEW YORK, } - OFFICE OF THE SECRETARY OF STATE, } - ALBANY, August 2, 1858. } - - _To the Sheriff of the County of New York_: - -SIR—NOTICE IS HEREBY GIVEN, THAT AT THE GENERAL Election to be held in -this State on the Tuesday succeeding the first Monday in November next, -the following officers are to be elected, to wit: - -A GOVERNOR, in the place of John A. King; - -A LIEUTENANT GOVERNOR, in the place or Henry R. Selden; - -A CANAL COMMISSIONER, in the place of Samuel B. Ruggles, appointed in -place of Samuel S. Whallon, deceased; - -AN INSPECTOR OF STATE PRISONS, in the place of William A. Russell; - -All whose terms of office will expire on the last day of December next. - -A REPRESENTATIVE in the Thirty-sixth Congress of the United States, for -the Third Congressional District, composed of the First, Second, Third, -Fifth and Eighth Wards in the city of New York; - -A REPRESENTATIVE in the Thirty-sixth Congress of the United States, for -the Fourth Congressional District, composed of the Fourth, Sixth, Tenth -and Fourteenth Wards in the city of New York; - -A REPRESENTATIVE in the Thirty-sixth Congress of the United States, for -the Fifth Congressional District, composed of the Seventh and Thirteenth -Wards of the city of New York, and the Thirteenth, Fourteenth, Fifteenth -and Sixteenth Wards of Brooklyn; - -A REPRESENTATIVE in the Thirty-sixth Congress of the United States, for -the Sixth Congressional District, composed of the Eleventh, Fifteenth -and Seventeenth Wards in the City of New York; - -A REPRESENTATIVE in the Thirty-sixth Congress of the United States, for -the Seventh Congressional District, composed of the Ninth, Sixteenth, -and Twentieth Wards in the City of New York; - -And also, a REPRESENTATIVE in the Thirty-sixth Congress of the United -States for the Eighth Congressional District, composed of the Twelfth, -Eighteenth, Nineteenth, Twenty-first, and Twenty-second Wards in the -City of New York. - - - COUNTY OFFICERS ALSO TO BE ELECTED FOR SAID COUNTY. - -SEVENTEEN MEMBERS OF ASSEMBLY; - -A SHERIFF, in the place of James C. Willett; - -A COUNTY CLERK, in the place of Richard B. Connolly; - -FOUR CORONERS, in the place of Frederick W. Perry, Edward Connery, -Robert Gamble and Samuel C. Hills; - -All whose terms of office will expire on the last day of December next. - -The attention of Inspectors of Election and County Canvassers is -directed to Chapter 320 of Laws of 1858, a copy of which is printed, for -instructions in regard to their duties under said law, “submitting the -question of calling a Convention to revise the Constitution and amend -the same to the people of the State.” - - - CHAP. 320. - - AN ACT to submit the question of calling a Convention to revise the - Constitution and amend the same, to the People of the State: - -Passed April 17, 1858—three-fifths being present. - - _The People of the State of New York, represented in Senate and - Assembly, do enact as follows_: - -SECTION 1. The Inspectors of Election in each town, ward, and election -district in this State, at the annual election to be held in November -next, shall provide a proper box to receive the ballots of the citizens -of this State entitled to vote for members of the Legislature at such -election. On such ballot shall be written or printed, or partly written -and printed, by those voters who are in favor of a Convention, the -words: “Shall there be a Convention to Revise the Constitution and amend -the same? Yes.” And by those voters who are opposed thereto, the words: -“Shall there be a Convention to Revise the Constitution and amend the -same? No.” And all citizens entitled to vote as aforesaid shall be -allowed to vote by ballot as aforesaid, in the election district in -which he resides, and not elsewhere. - -§2. So much of the articles one, two and three, of title four, of -chapter one hundred and thirty, of an act entitled “An act respecting -elections other than for militia and town officer,” passed April fifth, -eighteen hundred and forty-two, and the acts amending the same, as -regulates the manner of conducting elections and challenges, oaths to be -administered, and inquiries to be made, of persons offering to vote, -shall be deemed applicable to the votes to be given or offered under the -act; and the manner of voting and challenges, and the penalties for -false swearing, prescribed by law, are hereby declared in full force and -effect in voting or offering to vote under this act. - -§3. The said votes given for and against a convention, in pursuance of -this act, shall be canvassed by the Inspectors of the several election -districts or polls of the said election in the manner prescribed by law, -and as provided in article four, of title four, of chapter one hundred -and thirty of the said act, passed April fifth, eighteen hundred and -forty-two, and the acts amending the same, as far as the same are -applicable; and such canvass shall be completed by ascertaining the -whole number of votes given in each election district or poll for a -convention, and the whole number of votes given against such convention, -in the form aforesaid; and the result being found, the inspectors shall -make a statement in words, at full length, of the number of ballots -received in relation to such convention, and shall also state in words, -at full length, the whole number of ballots having thereon the words, -“Shall there be a Convention to revise the Constitution and amend the -same? No.” Such statements as aforesaid shall contain a caption, stating -the day on which, and the number of the district, the town or ward, and -the county at which the election was held, and at the end thereof a -certificate that such statement is correct in all respects, which -certificate shall be subscribed by all the inspectors, and a true copy -of such statement shall be immediately filed by them in the office of -the clerk of the town or city. - -§4. The original statements, duly certified, as aforesaid, shall be -delivered by the inspectors, or one of them to be deputed for that -purpose, to the supervisor, or, in case there be no supervisor, or he -shall be disabled from attending the board of canvassers, then to one of -the assessors of the town or ward, within twenty-four hours after the -same shall have been subscribed by such inspectors, to be disposed of as -other statements at such election, are now required by law. - -§5. So much of articles first, second, third, and fourth, of title -fifth, of chapter one hundred and thirty, of the act entitled, “An act -respecting elections other than for militia and town officers,” and the -acts amending the same, as regulates the duties of County Canvassers and -their proceedings, and the duty of County Clerks, and the Secretary of -State, and the Board of State Canvassers, shall be applied to the -canvassing and ascertaining the will of the people of this State in -relation to the proposed convention; and if it shall appear that a -majority of the votes or ballots given in and returned as aforesaid are -against a convention, then the said canvassers are required to certify -and declare that fact by a certificate, subscribed by them, and filed -with the Secretary of State; but if it shall appear by the said canvass -that a majority of the ballots or votes given as aforesaid are for a -convention, then they shall by like certificates, to be filed as -aforesaid, declare that fact; and the said Secretary shall communicate a -copy of such certificate to both branches of the Legislature, at the -opening of the next session thereof. Yours, respectfully, - - GIDEON J. TUCKER, Secretary of State. - - SHERIFF’S OFFICE, } - NEW YORK, August 4, 1858. } - -The above is published pursuant to the notice of the Secretary of State, -and the requirements of the Statute in such case made and provided. - - JAMES C. WILLET, - Sheriff of the City and County of New York. - -☞ All the public newspapers in the county will publish the above once in -each week until the election, and then hand in their bills for -advertising the same, so that they may be laid before the Board of -Supervisors, and passed for payment. See Revised Stat. vol., 1, chap. 6, -title 3, article 2d, part 1st, page 140. - - * * * * * - -FRANCIS B. BALDWIN, WHOLESALE AND RETAIL CLOTHING & FURNISHING -WAREHOUSE, No. 70 and 72 Bowery, between Canal and Hester streets, New -York. Large and elegant assortments of Youths’ and Boys’ Clothing. - - F. B. BALDWIN. - J. G. BARNUM. - -F. B. BALDWIN has just opened his New and Immense Establishment. THE -LARGEST IN THE CITY! An entire New Stock of GENTLEMEN’S, YOUTH’S and -CHILDREN’S CLOTHING, recently manufactured by the best workmen in the -city, is now opened for inspection. Also, a superior stock of FURNISHING -GOODS. All articles are of the Best Quality, and having been purchased -during the crisis, WILL BE SOLD VERY LOW! The Custom Department contains -the greatest variety of CLOTHS, CASSIMERES, and VESTINGS. - -Mr. BALDWIN has associated with him Mr. J. G. BARNUM, who has had great -experience in the business, having been thirty years connected with the -leading Clothing Establishments of the city. - - * * * * * - -JAMES DONNELLY’S COAL YARD—TWENTY-SIXTH street and Second Avenue. I -always have all kinds of coal on hand, and of the very best quality, -which I will sell as low as any other coal dealer in the United States. - - JAMES DONNELLY. - - * * * * * - -WILLIAM COULTER, CARPENTER.—I HAVE LONG been engaged as a Carpenter, and -I assure all who will favor me with their patronage, that I will build -as good houses, or anything else in my line, as any other carpenter in -the city of New York. I will also be as reasonable in charges for my -work as any other person. - - WILLIAM COULTER, Carpenter, - Rear of 216 East Twentieth street, New York. - - * * * * * - -W. W. OSBORN, MERCHANT TAILOR, 9 CHAMBER street, near Chatham street, -New York. - - * * * * * - -SANTE MENTO.—No. 29 ATTORNEY STREET, NEAR Grand, has a superior -assortment of Cloths, Cassimeres, and Vestings, made to order in the -most fashionable and approved Parisian styles, and at short notice. Let -gentlemen call and patronize me, and I will do my utmost to please my -customers. - - * * * * * - -FULTON IRON WORKS.—JAMES MURPHY & CO., Manufacturers of Marine and Land -Engines, Boilers, &c. Iron and Brass Castings. Foot of Cherry Street, -East River. - - * * * * * - -ROBERT ONDERDONK.—THIRTEENTH WARD Hotel, 405 and 407 Grand street, -corner of Clinton street, New York. - - * * * * * - -WILLIAM M. TWEED, CHAIR & OFFICE FURNITURE Dealer and Manufacturer, No. -289 Broadway, corner of Read street, New York, Room No. 15. - - * * * * * - -FASHION HOUSE—JOSEPH HYDE PROPRIETOR, corner Grand and Essex street. -Wines, Liquors, and Cigars of the best brands. He invites his friends to -give him a call. Prompt and courteous attention given his patrons. - - * * * * * - -WILLIAM A. CONKLIN, ATTORNEY AND COUNSELLOR at Law, No. 176 Chatham -street, New York. Any business entrusted to his charge from citizens of -this city or any part of the country, will receive prompt and faithful -attention, and be conducted on reasonable terms. - - WILLIAM A. CONKLIN. - - * * * * * - -GEO. KNAPP & CO., WHOLESALE AND RETAIL Dealers in Butter, Cheese, Eggs, -Poultry and country produce. No. — Clinton Market, opposite Page’s -Hotel, New York. - - GEO. KNAPP. - H. D. ALBERS. - - * * * * * - -H. JONES & HOFF, whose place of business is in front of the Astor House, -keep all the latest publications of the day, including all the Daily and -Weekly Newspapers. The public patronage is most respectfully solicited. - - * * * * * - -EDMUND FOWLER, CARPENTER AND BUILDER, No. 74 Reade street, near -Broadway, New York. - -N. B.—All kinds of Jobbing done at short notice. - - * * * * * - -BOWERY NEWS DEPOT, NO. 177 BOWERY.—CONSTANTLY on hand, Daily, Sunday, -and Weekly Papers, Monthly Magazines, Play Books, Stationery, &c., &c. -English Papers per Steamers. All orders punctually attended to. - - BENNET & CARROLL. - - * * * * * - -AMERICAN GLASS COMPANY, MANUFACTURE AND keep constantly on hand at their -Warehouse, Plain, Moulded, and Cut Flint Glass Ware, in all its -varieties. Also Druggists’ and Perfumers’ Ware of all Kinds. Wholesale -Warehouses, No. 163 Pearl street, New York, and No. 54 Kilby street, -Boston. (Factories at South Boston.) D. Burrill & Co., Agents, New York. - - * * * * * - -JNO. WARD, JR., REAL ESTATE AGENT, OFFICES No. 5 Tryon Row, corner -Chatham street, (opposite the Park,) New York, and 4th Avenue, near -126th street, Harlem. - - * * * * * - -P. C. GODFREY, STATIONER, BOOKSELLER, AND General News dealer, No. 831 -Broadway, New York, near 13th street. - - * * * * * - -AUGUST BRENTANO, CORNER OF HOUSTON STREET and Broadway, has all the -latest Publications, and receives all the Foreign Papers by every -steamer. He also has the back numbers of almost every paper published, -including Branch’s “Alligator.” - - * * * * * - -CLINTON LUNCH, OYSTER AND DINING SALOON, No. 19 Beekman street. The best -of Liquors and Cigars. - - GEO. W. WARNER. - SAMUEL M. MILLER. - - * * * * * - -DAVID WILLIAMS, ATTORNEY AND COUNSELLOR at Law, No. 15 Centre street, -New York. - - * * * * * - -J. W. MASON, MANUFACTURER, WHOLESALE AND Retail dealers in all kinds of -Chairs, Wash Stands, Settees, &c., No. 377 and 379 Pearl street, New -York. - -Cane and Wood Seat Chairs, in Boxes, for Shipping. - - * * * * * - -BENJAMIN JONES, COMMISSION DEALER, IN REAL Estate, Houses and Stores and -Lots for sale in all parts of the City. Office at the junction of -Broadway, Seventh avenue, and Forty-sixth street. - ------------------------------------------------------------------------- - - - - - TRANSCRIBER’S NOTES - - - 1. Changed “statelites” to “satellites” on p. 2. - 2. Changed second “§2.” to “§3.” on p. 4. - 3. Changed “capron” to “capon” on p. 2. - 4. Silently corrected typographical errors. - 5. Retained anachronistic and non-standard spellings as printed. - 6. Enclosed italics font in _underscores_. - - - - - -End of the Project Gutenberg EBook of Stephen H. Branch's Alligator Vol. 1 -No. 20, September 4, 1858, by Stephen H. 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