The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-02-14
IN DIG Y M E Mt
AR CslON LOTTERY AGAINST TIKI HERALD.
Argument Against the Art Union,
It's Illegaliiy and Unlawful sainre.
or TnE
The Indictment.

body of the city and county Of New York, UPON
their oath presentthat before the time Of printing
and publishing the Ease, scandalous, and malicious
Libel hereinafter mentioned, in and by certain act
OF the Legislature OF the State of New York en-
titled An act TO incorpor ate the Apollo Assecia-
tion Tor the Promotion of the Fine Arts" certain
association OF persons, 10 wit; John w. Francis,
James Herring, John II Gourle, George Bruce
Augustus Creole, J ohm p. Ridner, ohm p. Mes
NTH, Thomas Campbell, Prosper NJ Wet.
more, and such other persons as then were or might
there after from tune - time become associated
with them-were chartered sad constituted body
corporate, by the name OF 8 The Apollo Assoca-
ton" and the Jurors aforesaid u2on their oath
aforesaid, do further present, that by a certain
other act Of the said Legislature, entitled AN
act to amend the act entitled act to incorporate
the Apollo Association" for the promo.io On of the
hne arts, passed May z, $50, among other thing,
the name Of the said : The Apollo Association"
was changed TO the American Art Union" And
the jurors aforesaid upon their oath aforesaid do
further present, that by the two several before
mentioned acts, and oy certain other act of the
eaid Legislature, entitled : An act further to
amend the act TO INCORPORATE the Apollo Associa.
ton for the Promotion of the Fine Arts" passed
May z, 1910, among other things the said Associa-
ton became, and was, and hitherto Ia til been, and
still is, body corporate, by the name Of . The
American Art Union F." And the jurors aforesaid,
epon their oath aforesaid, do further present tha
In and by the said three several acts Of the LIE gs
lature, it was, among other things, enacted and
declared that the business of the saii corporation
now called the American Art Union, should De con-
Quoted by a committee Of management 10 consist
OF twenty.one members, who were not profess
sionsl artists, and who should be chosen at
the annual meeting of the Association next
after the passing of the fret aforementioned
act, which said twenty one members should be
Immediately divided by LOT into three equal
classes, the FIRST Of which classes should hold one
year, the second two years, and the third three
years, and that thereafter seven members should be
chosen annually 10 hold for three years, and till
Others were chosen 10 ill their places And the
Jurors aforesaid upon their oath aforesaid do fur
sher present that IN and by said several acts was
among other things enacted and declared that the
said committee OF management should have power
to make, from time to time, such constitution,
by laws, and regulations, as they should judge
proper, (among other thiDgs) for the election of
ofheersior prescribing their respective functions
for the admission Of new members into the said
asseciation-for the government Of snch officers and
members thereof, and for regulating the annual
rate of contributions towards the funds thereof and
that the distribution Of works Of ar. belonging to
the association, provided for, in the constitution
thereof, should be made on the Friday preceding
the twen y fifth Gay of December in each year.
And the jurors aforesaid upon their oath aforesaid,
do further present. that such proceedings we're had
by the members OF said association, being corpora
tors, and so incorporated as aforesaid, that
committee Of management consisting Of twenty
one members, being mem bers osaid association and
not professional artists we're chosen, under and in
pursuance Of the provisions and in conformity with
the said several acts and that the said twenty one
members SO chosen, and constituting the said com.
twentieth day Of December, one thousand eight
hundred and forty-seyen, made u constitution such
as they thought proper for (among Other things)
the choosing Of the officers of the said association
for prescribing their respective functions, for
admitting new members into the said association,
for the government of the officers and members Of
the said association and for regulating the annual
rate of contributions towards the funds thereof
And that by the said constitution il was and is de-
clared in substance and effect, that every subscri-
Der Ct i've dollars or nore, per annum, should
DO o member Of said American Art Union,
and after the payment thereof should be
titled to all the privileges Of me mbership for
the residue of the calendar year, and that there
should be stated meeting OF the members on the
Friday evening next before Christmas, at such place
and house asthe committee Of management should
direct to be called the annual meeting of the asso
citation, when the distribution Of the works of art
and the election Of the members OF the committee
OF management should take place; and that the
committee Of manag should meet on the Mon
day evening next alter the annual meeting, and
cbooee from their number {amongst other oticers)
President and Treasurer OF the said association,
aa1 appoint q standing executive committee OF five
Inom bers ides the President and Treasurer who
should be ex. oficio members thereof, which said
treasurer sh oud receive the moneys OF the insitu
ton AID disburse the Same as should be directed
by the com nittee OF management and the execu-
tive committee; and that the real and personal pro.
perty eli the institution should be under the care and
subject TO tie disposal Of the committee OF manage
msIt for the beneftof the institution, and that the
to the purchase production of fine engravings or
other works of American art, annually which should
be distributed equally 70 all the members for each
year respectively second to the purchase or pro-
duction Of works of American art (princpally
paintpgs) to be distributed publicly at the annual
10 Getting among all the members for the year, by
lot each Der having one share for every i've
dollars paid by him, and that the purchase, pro-
duction and time and mode Of distribution Of the
works of art should be under the direction, reguia'
ton and control ofthe committee Of management,
who should cause the same, as the same should pc
from time to time prescribed and modlhed, 20 DC
roblished for the information Of the mem bers and
Of the public generally. And the jurors aforesaid,
upon their oath aforesaid, DO further present
that the said committee Of management, hereto
fore to wit, on the said twentieth day o. Decen-
Der one thousand eight hundred and iersy seven,
made snch bylaws as they thought proper, by
which by LAVE II was among other Things declared
IN substance AID elect, that TIC accounts
Of the treasurer should be annually, or Of
tener. if required by tie committee o. man
aeement, aaditeo BY such three members Of the
i6sdtutisn as the committee might select Tor sucn
rurpose and that such auditors shcpld have power
10 cal for such Books, documents and vou5hers as
(bey might deem necessary for the faithful DIS
charge Of their duty. And further, that al moneys
due 20 the instit alton should pe p4ld - the urea
fursr and III payments 80 be made by hin should
be o. the proper vouchers, 20 No certified ~ the
executive committee, auo tn8t t1e treasurer SHOULD
furnish TO the committee Of management, az each
etsted meeting. an abstTac: II bls receipts, pay
uehts and Transactions since bis lass report.
ara tie jurors Aforesaid, upon their oath af9re.
said a. further present, that alter mo passing 81
tho sais several acts Of the Legislature and tao
choosing of the said committee Of manag cment,
and the making Of the said constitution and BIZ.
laws as above mentioned, zach proceedings were had
BY the members Of the said association, ~ oQe
form Of law and in pursuance Of the provisions Of
the several acts Of the Legislature aid tae siid
constitution and bylaw; that Robert. Kelly,
Abraham III Cozzens, Andrew Warner Na.shall
. Roberts, Benjamin y Jarvis, Frederick Gee,
John H. Austen, Charles =. Daily, William H.
Appleton, William J. Hoppin, Evest A. Dayckink,
Erss.us G. Benedict, Henry J Raymond, William
81 Dean, George w Austen, George Curtis, VII.
lam A Butler, Charlea H. Russell, George Tred-
we'll, John p. RidEer ard Nathaniel Jarvis, Jr,,
were duly chosen, and became and we're before and
al the time Of The printing aDd publishing tne
false Fcandaloug and malicious lgel hereinafter
mentioned, The committee q management Of said
association; anG one Of Lker number, 70 Mt, Abra.
-. IA lnrrcrr IL ptaai liant. Hnniha 0f thnic