The Sun.
London, England, 1870-04-07 00:00:00

DR. NEWMAN ON INFALLIBILI fY.

The Standard is permitted to publish the following im-
portant letter from Dr. Newman, the Catholic champion
of the Anti-Infallibilists in England, to Dr. Ullathorne,
Bishop of Birmingham. Some portion, it will be seen, has
been omitted :

. . . Such letters, if they could be circulated, would
do much to reassure the many minds which are at present
distressed when they look towards Rome. Rome ought
tube a name to lighten the heart at all times, and a coun-
cil's proper office is, when some great heresy or other evil
impends, to inspire hope and confidence in the faithful ;
but now we have the greatest meeting which - ever
has been, and that at Rome, infusing into us by the
accredited organs of Rome and of its partisans (such as the
Civi/a [the Armonia], the Univers, and the Tablet), little
else than fear and dismay. When we are all at rest, and
have no doubts, and—at least practically, not to say
doctrinally—hold the Holy Father to be infallible,
suddenly there is thunder in the clear sky, and we are
told to prepare for something, we know not what, to try
Aur faith, we know not how. No impending danger is to;,e averted, but a great difficu is to be created. Is this
the proper work of an (Ecumenical Council? As
to myself personally, please God, I do not ex-
pect any trial at all; but I cannot help suffer-
ing with the many souls who are suffering, and I look
with anxiety at the prospect of having to defend
decisions which may not be difficult to my own private
judgment, but may be most difficult to maintain logically
in the face of historical facts. What have we done to be
treated as the faithful never were treated before? When
has a definition de fide been a luxury of devotion and not
a stern, painful necessity? Why should an aggressive
insolent faction be allowed to " make the heart of the just
sad, whom the Lord hath not made sorrowful "? Why
cannot we be be let alone when we have pursued peace
and thought no evil? I assure you, my lord, some of the
truest minds are driven one way and another, and do not
know where to rest their feet—one day determining "to
give up all theology as a bad job," and recklessly to
believe henceforth almost that the Pope is impeccable, at
another tempted to " believe all the worst which a book
like Janus says,"—others doubting about "the capacity
possessed by bishops:drawn from all corners of the earth
to judge what is fitting for European society," and then,
again, angry with the Holy See for listening to "the
flattery of a clique of Jesuits, Redemptorists and con-
verts." Then, again, think of the store of Pontifical
scandals in the history of eighteen centuries, which
have partly been poured forth and partly are still
to come. What Murphy inflicted upon us in one
way M. comes
is indirectly bringing on us in another.
And then, again, the blight which is falling upon the
multitude of Anglican Ritualists, &c., who themselves,
perhaps—at least their leaders—may never become
Catholics, but who are leavening the various English
denominations and parties (far beyond their own range)
with principles and sentiments tending towards their
ultimate absorption into the Catholic Church. • With
these thoughts ever before me, I am continually asking
myself whether I ought not to make my feeling public
but all I do is to pray there early doctors of the Church,
whose intercession would decide (Augustine, Ambrose,
and Jerome, Athanasius, Chrysostom, and Basil) to avert
the great calaralty. If it is God's will that the Pope's in-
fallibility is defined, then is it God's will to throw back
" the times and moments" of that triumph which He has
destined for His kingdom, and I shall feel I have but to
bow my head to His adorable, inscrutable Providence.
7ou have not touched upon the subject yourself, but I
'pink you will allow me to express to you feelings which,
for the most part I keep to myself. •

THE DECISION ON THE LEGAL-TENDER

ACT.

It is not surprising that railway corporations and
State financiers should endeavour to evade the de-
cision of the U.S. Supreme Court, making coin the
only legal tender for liabilities contracted pri: r to
the passage of the Legal-Tender Act. Some great
New York railway and canal companies have agreed
to postpone changing their mode of payment BD
as to accord with that decision fi 1 another judg-
ment can be obtained which may reverse the late
ruling, consi 'ering it time cnou.,h to comply with
the lew when it is interpreted beyond the pale of
doubt. In this course the great State of Pennsyl-
vania has the unenviable etstiuction of leading;
but strong as Pennsylvania undoubtedly is, is is
not strong enough to trifle with its credit with impu-
nity, Its leading newspaper has led in opposing a po-
licy which constitutes the State as it does the corpo-
rations, judges in matters directly affecting them-
selves. Nor that only, but higher than any Judges,
for in this action they have set aside the decision of
the Supreme Bench. The Quaker City will discover
ere long that the Philadelphia Ledger was in the right,
however unpalateable might have been its remarks.
Alluding to the Corporations, that journal ob-
serves :—" Things have reached a pretty pass, if
the laws of the country, as pronounced by the
highest tribunal, can be set aside for a year, or
indefinitely, at the dictum of the managers of a
few incorporation; whose whole interest involves a
comparatively small amount of money. It would
be more in accordance with integrity of purpose,
and show much more of respect for the Court and
the law, for these companies to comply with it as
interpreted, and take the means themselves to test
its validity." Iu its issue of March 11 it brought into
tile field a powerful supporter of its views in the
person of Mr. J. W. WALLACE, official reporter of
the U.S. Supreme Court, whose letter, though ex-
press'y s'ated to be a private communication, and
of course not officially inspired, may, from the
writer's position, be relied on for accuracy :
" Washington, D. C., March 9, 1870.
"In a recent issue of your paper I read this
Office Commissioners of'Siuking Fund,
Harrisburg, Feb. 24, 1870.
'Resolved, That inasmuch as the recent decision of the
Supreme Court of the United States ou the question of
legal tenders was concurred in by only three Judges out
oefive, in a Court composed of seven Jtidges, and the Le-
gislation of the State only authorizes the payment of her
indebtedness in what is known as the legal-tender cur-
rency of the United States, it would not be advisable for
the State Tn asurer to make any change in the present
mode of paying the obligations of the Commonwealth.
' Attest, WM. B. HART,
'Clerk to Commissioners of Sinking Fund.'
When the decision in what is called the legal-
tender case was made, the Supreme Court of the
United States consisted of eight Judges, the num-
ber then fixed for-it by law. And the decision that
notes of tit- United States when tendered in pay-
ment of a Contract made previously to the pa-sage
of a Legal-Tender Act of Febru oy, 1862, wits no
lawful tender, was concurred in by five Judges,
not by three, as assumed in the paragraph quoted.
These five Judges were the Chief Justice, and
Justices NELSON, GRIER, CLIFFORD, and FIELD.
Julge GRIER hart left the Bench' before 'the opi-
nions were delivered, but he was on it when the
case was argued in conference, and when the judg-
ment of affirmation of the Court of Appeals of
Kentucky, which had decided the tender bad, was
irrevocably and perfectly agreed upon. And this,
in substance, is sated in the opinion of the Court
as officially printed, though not in others that I
have seen. While on the subject, and since I
have seen it stated that the kle,cison does not apply
to interest, which has accrued since the L -gal-Ten-
der Ac s, on oVigations given before them, and
that under decision, interest on such obligations
may be paid in papers I may take leave to add
that the decision did appiy to interest just as much
as to principal. Part of the tender made in the
case was exactly for interest ; interest, I mean,
which had accrued after the passage of the le.gal-
Tender Act. The Court of Appeals made no d:s-
tincVon between princiral and interest, but he'd
the tender bad in toto. And so the Supreme Court
held it. I may add that on na great constitutional
(4te stion where professional and ru' lie opinion
has been la!gely divided do I recall a case for
eta y years where the Judges wer, una-imou., or
nearer to tthanimity than in the present one. That
the case was not hastily edjedg el may be be-
[ieved, not more from its imeortance than from the
'act that the question involved in it was in one
case or in another, and with more or less fullness,
argued at the bar not less than six different times,
and was held very long under advisement.—l am,
your obedient servant, J. W. WALLACE."
Thereon the financial editor of the Ledger remarks
that this letter " shows, as we have sought to show,
that there is nothing for our State or for our
large corporations owing • money on bonds issued
prior to February, 1862, to do but to look the
matter in the face and conform to the solemnly
settled law of the land. Whatever pri% ate opinion
any new Judges who may hereafter go on the
bench may have about the correctness of the late
adjudication, they would hardly venture, we pre-
sume, to suggest the over-ruling of a decision so
solemnly made as the late one. The whole his-.
tory of the Supreme Court of the United Sates
records no successful effort at such a thing. Even
if they did seek to do this, unless every one of the
three late Dissenters joined with them in the effort
(a thing not to be believed by any one who knows
what respect a Court pays to its own precedents)
the thing would come to nothing. The Cour
would still be but equally divided, and the present

. judgment would have to stand. Besides which we
, have yet to learn that there is any case now on the
, docket which involves the legal-tender question.
All have been disposed of, as we hear. It would
take two or three years before a new case could be
got up, in the present crowded state of the Supreme
Court docket ; and a case raised up now, and in
the face of the late emphatic decision, would look
so much like a case raised for delay of payment,
that the party taking an appeal would probably be
considered as coming within the rule of the Court
which allows the Bench to add ten per cent. interest
above the legal rate on any case which they be-
lieve is brought for delay. The rule, as the re-
ported decisions of the Court show, has been twice
enforced lately, and it is a dangerous one to trifle
with." When the press in strength takes up such
a position it does much to neutralise what would
otherwise do-much to damage the credit of the Re-
public in foreign countries. In Europe the Supreme
Court of the United States is regarded as perhaps
the most dignified of all legal tribunals, as honest
as the best, and the most powerful. An inves-
tor believes that, as a last resort, he can appeal
to it, and so long as it maintains this consideration
t will act as a bulwark for the credit of the Union.
As a matter of policy, it is important that its deci-
siot,s should be implicitly obeyed, as well as of
equity and for the estimation and respect with which
the Union is regarded by foreigners. The Soiereign
States, however, stand upon a different footing to
corporations; and one which even more vigorously
demands a ready c mpliance with the law of the.
United States' as interpreted by its highest Court.
They cannot be sued, and creditors have only the
honour of the community on which to depth, d. If
Pennsylvania, in the face of the Supreme Courts'
decision, that is, in audacious violation of the law
as laid down by its constitutionalinterpreter, should
continue to pay in greenbacksdebts so pronounced
to be due in coin, then it will repudiate, for the
paltriest gain for which any community ever per-
mitted itself to be sullied with such a stigma. The
Erie Railway clique might so act ' • but we can
h trdly believe that the peat State of Pennsylvania
could be so unwise. In its i-sue of March 16 the
Piti!adelphia Public tellgeP returned to the subject,
showing that the large corporations are reconsider-
ing their recent conclusion, to disregard, the judg-
ment of the Court. The high Coal and Navi-
ga•ion C,lnpany had directed its president to pay
in coin,, in accordance -Alt!) the ds.cision It main-
tains this to be the Wise as Jtell as the honest and
creditable course, into which all will eventually be
compelled to come, and it is confirmed in that opi-
nion by every lawyer of standing it has consulted.
—Anglo-American Times.

THE OXFORD AND CAMBRIDGE

BOAT RACE.

WEDNESDAY.

This ananal contest was decided to-day on the Thames,
over the usual course, from Putney to Mortlake. For
the last two or three years there had been fears that thu
long, unbroken series of defeats sustained by Cambridge
might lead within a short time to a discontinuance of the
race, which has long since ceased to be a private
one, and has become invested with an amount
of interest which has in no way diminished, however hope-
less might appear the chances of the oft-unfortunate Light
Blue. Public sympathy has been strongly with the latter
simply because of the continued reverses and the courage
with which they met them ; and the general remark
year after year has been " I should like Cambridge
to win, though I haire backed Oxford myself."
The quantity of gloves speculated on the issue must be
slightly greater than any staked on the Oaks, and far, far
beyond that abiding the result of the Derby. This year,
however, the tone of conversation regarding the relative
chances of the crews has differed slightly from that indi-
cated by the remark quoted above. On their
first arrival on the Putney water a fortnight since there
was nothing but the prestige of .Oxford's successive
victories, and the remembrance of Cambridge's ill-luck,
to incline public opinion one way or the other in regard to
the approaching contest. It was soon seen, however, for
one thing, that the Isis had not sent so powerful an eight
as usual, that they were backward in condition, and tha
they were not distinguished by that slogging style of going
which has been a marked characteristic of Dark Blue
eights for some years. On the other hand, Cambridge had
a heavier crew than usual, and, what was more, they
appeared a very strong lot. Besides, they have had the
invaluable aid of Mr. George Morrison, the celebrated
Oxford " coach," who has very nearly succeeded
in banishing from the Cam .that showy but
tiring style, quite ineffective over a long course,
which had been gradually establishing itself there.
The men had been rowing together for some
sime, and with few changes in the boat, whereas Oxford
had suffered greatly in that respect, and were in fact sc
sad just before leaving the Isis that their most sanguine
friends had but slight hopes of their success. Mr. Darbi-
shire's acceptance of the post of stroke produced an alters
tion for the better, and with him in the place he
nad previously occupied with such great advan-
tage to this University, the men soon got
better together than they had been. The
practice of the two crews in the river at Putney was
watched by large crords every day, and, whilst it was
admitted that Oxford were improving, it was generally
considered that Cambridge was improving still more
rapidly. It is a well known fact that Cambridge always
do become better after leaving the sluggish waters of their
own river for the deep tideway at Putney ; and this year,
after the first few days, it become plainly apparentsthat
the rule would continue to hold good. Cambridge did an
unusually large amount of work, going over the whole
course almost daily ; and Oxford, coached by Mr. Willan
or Mr. Risley, left nothing undone to get back their old
form. Within the last few days there was a great im-
provement in the latter's style of going, and on Monday
in a hard row to Hammersmith and bask they displayed
much of that steady, powerful drag which one has been
wont to associate with their rowing. Those who saw the
trials rowed by the two crews on Saturday last with
the Leander eight and the London Rowing Club
twelve-oar respectively, had a good opportunity of
forming a comparison between them, and the general im-
pression conveyed by their performances may be guessed
at from the fact that Cambridge became greater favourites
than they have been for some years. A large amount of
money was bet in the race, and on Tuesday evening the
odds, generally speaking, were very slight on Oxford,
whilst in some cases level money was laid.
The arrangements made for the race were similar to
those introduced on the occasion of the Oxford and Har-
vard race. Only two steamers were allowed—one for the
umpire and and University oars, and another for the re-
presentatives of the metropolitan and country press. And
the course throughout its length was kept clear of small
boats, the Thames Conservancy having taken the most
vigorous measures, not only to secure a fair way for the
crews, but also to prevent accidents to the public,- either
on land or water.
.Their arrangements gave
general satisfaction, the only persons dissenting
being the crews themselves, who considered
that more provision should have been made for the accom-
modation of members of the Universities who desired to
witness the contest. There is no question, however, that what
was done in this respect was the very best for all parties,
and to the large majority who assembled to view the race
from the shore the exclusion of the steamboat fleet, with
their trailing cloud of smoke, must have afforded unmiti-
gated satisfaction. Even those who were in the habit of going
on board the steamers, and paying high for the privilege,

were content, for after all they used to see very little of the
race. The altered state of things had evidently no effect on
the attendance. Early in the morning there were
signs in city and suburb of its being the day of the
boat race, and furthermore of the contest being favoured
with fine weather. The only danger appre•
hended in this respect was owing to the
appearance of a fog about nine o'clock, which gradually
deepened in the central part of London, until between
eleven and twelve it became very dense indeed. For all
that the symptoms of a move westward continued, and
a conspicuous tendency of vehicles in that direction
shewed what might be expected in the afternoon, when
the migration to Putney generally is in full swing.
THE SCENE AT PUTNEY.
Having arrived at Putney, it was pleasant to know that
the fog of London had been left behind; and to see the
surface of the river sparkling with the rays of the sun.
Looking up the river, the Cambridge eight came
into sight, and they spurted and paddling gracefully
down to their boat-club. They had been out on the
water for • a quarter of an hour ; and two hours
before —at eleven o'clock Oxford had been
stretching their legs and arms in a succession
of spurts down Putney Reach preparatory U.
the coming struggle. There were several thousands
already scattered along the banks ; but these with few
exceptions composed the " rag, tag, and bob-tail "of
the crowds who had not yet left town. They
whiled away the time with shies at cocoa-nuts on sticks ;
and there were ladies in distingue costumes

trying their hands at Aunt Sally. The
fashionable terrace at Barnes had been occupied by

rows of carriages, whose owners arrived in hired convey-
ances about two hours before the race. As the afternoon

advanced, the crowds arriving by steamboat, 'bus, rail,
cab, and velocipede increased in volume, and Hammer•
smith Bridge, the Mall, Barnes, Mortlake, and Putneywere
the great centres of attraction. The water-side publics put
out their dark and light blue colours to remind customers of
what they had come to see, some of whom had very hazy
ideas after partaking of " something hot and strong.". To

these the harmony of nigger minstrels had charms, and th.

stentorian voices of patterers gave out somethin,g in w hich th

words "Crew," "hue," "true" and " blue" played a promi
nent part to the tune of Tommy Dodd. The London Arab WM
trying to sell blue paper streamers and fusees ; but taken
altogether, the itinerant vendors of small wares did not (lc

a flourishing trade. The City steamboats and other craft
continually arriving by water, and the bustle of vehiclei
of all kinds by land, took up the time of spectators. Specu'
lation there was none ; it had given place to expectation
of the coming event. An hour before the ram

the steamboats, barges, launches, and pleasurt
boats were all being • brought to stations along
the shores of the river between Putney and Mortlake t
they were filled to the water's edge with eager sightseers,
and the people ashore formed one living mass of humanity
extending for four miles on either bank of the river.