The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-15
TILE Anr ukroN CONG 70 ruE counr or Ar.

THE ART UNION GONG TO THE CouRT OF AP-
pEALs We learn from the Art Unions own organ,
that, the committee of managers being dissatisfied
with the recent decision Of the Supro ne Court de-
elaring that institution to be lottery and gam
bling concern, and therefore Illegal and unconsttu-
tional about TO bring the case before the Court
of Appeals. How little reason they have for doing
SO may be seen from the elaborate and able opinion
of Judge Roosevelt-published in this days HERALD
--coincidipg with the opinion of Judge Mitchell,
which we published last week. They have not q leg
to stand upon, nor spot to rest leg upon, unless
it be the fact that Judge Edwards-one Of the three
Judges-gave his opinion in their favor, concluding,
from an imperfect knowledge of the facts, that the
Art Union lottery is not lottery. For example,
he soys:-
SIN the case before u.s. the works of which to be
distributed not proposed or set up at the time the
members paid their subscription At that time they
could not be proposed set IL was then matter OF
uncertainty to what would, in any event, be dsri-
buted.n
A little more attention to the case would have
shown him that this is an error. In the leading
article of the Bulletin of the Institution, for Ssptem
Der, 1850, entitled Motives for Subscribing to the
Art Union," ard occupying more than qGayto
rage, we find the following
"The September Bulletin. for 1s4o, announced cata
ogue of but hundred works (or distribution by lot
We present to the public list of more than
three hundred several among them being the best pro-
auctions of their authors
The leader Of the Bulletin for November, 1850,
says: "Jn addition to these pictures, there other
objects to be included in the distributions bas
relief statuettes, medals, &c." In tho Bulletin Of
May, 1851, among the powerful motives held out to
procure subscribers is the following "Besides the
Inducements just enumerated, there remains share
in the allotment of works of art purchased by the
association; and judging from the two hundred al
ready obtained, it will be the most attractive col
lection ever offered by the Art Union"
With all this, and more, in print in the official
bulletin Of the AIT Union itself, We are at loss to
knoN1ow Judge Edwards could be so far deluded as
to make such extraordinary statement as We have
quoted from him above; but he is probably con-
WINGED, by this time, that he labored under an
egregous error; so that the opinion of this young
Judge is but very shadowy foundation to rest a
case upon for the Court Of Appeals.
The highest criminal court in this city, and the
highest civil court, have now declared the Art
Union to be illegal; and do the managers seri.
ously believe that there is the slightest chance OF
the Court Of Appeals reversing these decisions
That court is remarkable for its strict construction
Of constitutional law, and pronouncing its solemn
judgments against every infringement Of the letter
and spirit Of the constitution. Among numerous
examples, may refer to its decision in the case
| Of the Canal Lettings, far more doubtful ques-
ton than the Art Union lottery, which in fact ad-
| mits of no doubt at all. Why, then, do the COM
mitee appea 1t is totally useless for them to do
and without inquiring into their motives, we may
safely saw that the only Dossiblc effect must be- first,
] to confirm the judgment of the court below, and
] secondly, to give more fees to the lawyers. Are
they justified in expending the money of the SUBJ
scribers in such game as this! Would they do so
if it was private suit of their own7 But it is only
Of piece with their obstinacy all through, and we
have very little hope of curing them, now, at the
| eleventh hour. They shall, however. be cured ut
last to their complete satisfaction Let them there
fore 60 the length Of their tether when they refuse
to reflect upon their folly, repent Of the error Of
their ways, and make the only atonement in their
| power for their past Encouragement, by dividing
the funds and property now in their hands among
| the subscribers, who are the legitimate owners
and will be content with the fragments that remain
out of the wreck of this gigantic and fashionable
lottery ifthere is further waste Of money by an
absurd resistance to the plain and indubitabe pro-
visions Of the constitution and the laws Of the State
Of New York.
Is oPROTEsTANTIsM INCOMPATIBLE WITH IL