The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-19

other works Of art among the members Of the Art
Union would be contrary to the existing statutes Of
the State, the paintings and other works Of art viii
not be distributed, but viii be sold by public auction
next month
Such is the winding up of the unhappy Art Union,
and tuch is precisely the fate we predicted for it
from the beginning. We knew that lottery was
lottery, and that lottery illegal, aad this is
now admitted by the managing committee them
selves. In consequence Of the decision Of the court
of final resort they advertise the paintings for SALE
and thus endeavor to get rid Of the difficulty. They
propose to cut, instead of oosing the Gordian knot
with which their affairs are bound, and in escaping
one difficulty. they are likely to fall into another
They avoid Scylla and they may find themselves in
Cbarybdis.
1t is by no means clear that they have any
right to sell the pictures by public auction.
The object Ct the Art Union, as contemplated, was
to promote art by the distribution Of paintings
among the subscribers Their mode Of distribution
10y the lottery wheels, has been pronounced Illegal
and immoral. But now the managers propose not
to distribute these works Of art at all, but to sell
them by auction to the public. They are trustees
Of the property, but the act Of the legislature
designed that they should sell it or divert it
from its original purposes and in doing SO they as
sumo right not conferred upon them eisherby the
constitution Of the Art Union, the act Of incor
poration. They likely, therefore, to get into
new fix The property is not theirs to dispose Of
by sale-it belongs to the subscfoers-snd if il is
sold for less than its value, they bound to make
good the deficiency. The value Of the pictures of
the present year is estimated 000 and the pre-
viously acquired property at $50 000-making in all
100000. For this amount the managers are
liable to the subscribers, and be sued for what
ever the proceeds Of the sale will fall short Of it.
That the pictures will not bring half what they cost
is very probable, most Of them being OF inferior
description It's doubtful if the sale would realize
one dollar each to the subscribers instead Of five dol
lars. The managers, therefore, have right to
sell the pictures without the authority of the sub
scribera. They are responsible for the property to
the last dollar that they possess in the world,
II is to be regretted that the Judges Of the Court
Of Appeals have not as yet promulgated their OPT
nion in full as it might throw some light on the
legalty of the intended SALE and upon other points
Some three weeks ago we published summary Of
the decision; but we find that different views have
been taken of its meaning by several of our con-
temporaries, and doubt will exist till the full OPT
nion is issued. One OF the papers will have it
that the mode Of distribution has boon declared
by the Court Of Appeals to be only rattle,
and not lottery. Now, it strikes US that this
is distinction without difference for a ratio
is lottery upon a small scale, and is chiefly con.
fined to porter. houses--the prize being a turkey,
Somsimss too, friend in distress is assisted by the
rafting Of his watch. But the principle is illegal
as immoral and is as much gaming as the wheel Of
fortune in lottery office. 1t is the game of chancs
that constitutes its illegaty and immortality. The
mode of determining the prize, whether by dice Or
wheels, does not make the slightest difference. But
We want the complete opinion Of the Court Of APP
peaa, which it is hoped wiilrenove every shadow Of
doubt upon the whole question submitted t, its de-
cison. The judges, therefore, will do we'll to hurry
it up, rs the public are looking for it with some
anxiety.
Meantime, we know that two points are decided;
first, that the Art Union is lottery, and, as SUCH
illegal and immoral; and secondly, that the pro
perty belongs TO the subscribers, and cannot be con-
fscated to the institutions Of the city, as District
Attorney Blunt wanted to have it, nor can it, We
apprehend, be sold, or in any other manner be
alienated from the lawful owners. Would it not be
well for the subscribers to hold meeting for the
purpose taking such measures as may seem best to
them under the circumstances By no means Let
them tamely submit to the sale Of their pictures.
THE N Ew YORK CRYSTAL PALAc This under.
taking, which is to convert Reservoir Square into
acrt of Hyde Park, and quadruple the value of
property in its vicinity, is, we understand, pro-
crossing very favorably, and promises to have
most successful result. The association are adopt
ing measures for the establishment, in most Of the
principal commercial cities Of the Union, of local
committees for the purpose OF making the enterprise
moro thoroughly familiar to the inhabitants Of the
different sections ofthe country The places already
determined on for raising these committees are Bos-
ton, Philadelphia, Charleston, New Orleans, St.
Louis, Detroit, and Cincnnati but It is possible the
association will tx various other cities in fur
the Of the same design. The State, city, and
national governments have evinced ready alacrity
in giving every possible privilege and facility to the
enterprise; and the following letter-one Of the last
written by Daniel Webster-to the United States
Ministers at London, Constantinope, Vienna Paris,
and Berlin, showing the existence Of this feeling in
the State Department, will be read with much int.
rest at the present time:-
DEPARTMENT or STATE
WAsHiSGroS, October IL 1852 I
Sr-I have been applied TO by Mr. Theodore sedgwick
the President the for the Exhibition Of the
Industry Of all Nations in behalf Of effort making
In New York, for the erection in that city year. of
Worlds Fair analogous to that which in London in
1851.
The enterprise in the hands Of some Of the most res
pectable Of our citizens. Their to me, Is
know they will be to you sufficient guarantee not only
that the affair will be carried with energy and dc!ty
but that It will be treated with large and literal views
q matter Of great public interest and utility
They have as they inform me, appointed Mr. Charles
Buechek of London the Austrian commissioner at the
exhibition In 1861, their European agent and my part
cular object In addressing you this letter is convey
you my hope that you win do all you properly can to
forward Mr. Buscheks views and promote general
objects Of the association.
The government, through the proper department at
New York have promised that the building shall be
made bonded warehouse and OF can 20 no fur
Their in the way Official aid but satisfied that the
complete and triumphant Of this enterprise will
be subject Of great satisfaction to ali people
that It will expect that the association should be sun
ported in every legitimate and proper way. / am sir
tf,,llv n1,ed act