The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-16

trouble about the large amount Of surplus funds n
the Treasury; but fortunately nearly all OF them
propose different plans Of depletion. We mud that
Mr.. Neachan has fallen back upon the old dissibu-
ton scheme, and proposes 10 introduce bill pro
yiing for the payment Of the fourth instalmsnt Of
the surplus revenue under the law of 1886.
In the Senate Mr.. Seward gave notice Of bill for
the construction Of railroad from the Atlantic to
the Pacific. Whether Mr.. 8. approves Of the route
selected for the mammoth company, incorporated
with proposed capital of one hua 1red zillisns OF
dollars by our State Legislature At the last session
We shall soon know. The Committee on Commerce
were instructed to inquire into and report upon the
commerce of the United States the Pacific ocean.
This is probably done with an eye to the establish
ment of mail steamers, &C., between our Pacific pos
sessions and China, Japan, Australia, and the Sand
witch Islands. Notice WAS given of bill to satisfy
claimants for French spoliations viii this long agi-
tated subject never be disposed of? At the opening
Of each Congress bills Of this character are brought
up, and generally continue to occasionally occupy
attention and give rise to debate till ths close Of the
term when nothing is heard OF the matter till
the commencement Of the next session. Pending
discussion on propositions for the election Of officers
Of the Senate by riUa roce vote, and the holding
Of executive sessions with open doors, the body ad
journed till Monday.
As usual, our columns contain variety of tele-
graphic dispatches and other interesting matter to
which we cannot afford space to refer in detail.
See the inside pages for reports of the proceedings
Of the Board OF Education and the different Courts;
Newspaper Opinions concerning the decision in the
operate Case Trotting over the Union Course;
Commercial and Theatrical intelligence, &c.
Public Opinion on the Fry Verdict. !
All the daily journals Of this metropolis,
with two peculiar and characteristic excep-
tions. seem astounded and paralysed at the
verdict for $4,000 damages rendered against
us in the Fry case. The bulk Of the intelligent
public evince equal establishment; we hear on
all sides ordinations at SO extraordinary a
verdict on the evidence that was adduced, and
after charge SO lucid and fair. From every
quarter we have received strong assurances
that the opinion Of the jury is not sustained by
public sentiment, and earnest entreaties net to
permit SO dangerous precedent to be estab-
lished without an attempt to subvert it. Intel
ligent men, who appreciate the value Of an in
dependent press, beg us-not for our own
sake, but for the great cause Of Journal
ism-to use every exertion to counterfeit its
obvious tendency to muzzle newspapers They
see clearly enough that the real effect OF We'd
nesday's verdict is not to mulct the HERALD in
a certain sum Of money, but to establish, as re-
cognized principles of law, first, that manager
who has been unsuccessful can exact compensa
ton for his losses from journals which have cri--
ticised him and, secondly, that in q suit be-
tween ruined speculator and a wealthy jour
nal all the sympathes of the jury may be en-
listed on behalf of the former, and his helpless
poverty pitted against the rightful fruits Of his
opponents industry and skill. Rightly view
ing these principles as contrary to the spirit OF
our institutions and subversve of all true liber-
ty they call upon US, as one whose motive can
not BE set down as mere dread Of pecuniary
loss, to resist this encroachment on freedom of
speech in the United States.
We said that among the press there were
two exceptions to the rule of astonishment and
indignation at the verdict. These exceptions
are the Times and the Tribune, whose articles
will be found in another column. These two
journals assume to be our special rivals in BUSH
ness They are kept down by US; and if we
could be demolished their fortune would be
made. Ever mindful ofthis fact they are inces-
sanity maligning our motives and traducing
our character. Each evinces its desire to de-
stroy our popularity in its own way. The
Times pours out its sickly delight at the verdict
in feeble stream of words, as wanting in every
thing that is virile and bold as might have
been expected from one of the Pope's choir.
Just enough meaning is apparent to show that
the proprietor Of the Times would like to Dor
row few of our subscribers but dare not say
that or anything else in manly, straighttor-
ward way. The Tribune, whose forte lies
in different direction, surpasses even the
speeches for the plaintiff in the case in
violence and savage vituperation. We have in
our time been as much abused as most men,
but we do not remember to have ever seen SO
many coarse epithets heaped together on our
head in so short space as that occupied by the |
article in the Tribune, published in another |
column. 1t is worth preserving, if it be only |
as sample of the newspaper press of New |
York in the year 1853. We are, perhaps, dis |
qualified from Judging correctly Of its merits, |
but it does seem to us that there is point |
where violence becomes Stiffness and imbecilty, !
and that Mr. Fry's brother, who probably con- |
tributed that article to our contemporary in the |
discharge Of his editorial labors, has reached |
it. At all events, those who have habitually |
read this journal will now be enabled to Judge |
between our sssailants and ourselves.
There are obvious reasons why we should not |
assume the task Of tracing this enmity OF our
neighbors to its true source. We neither desire
to taunt them with their poverty nor seek to
boast Of our own success. But the articles Of
the Times and Tribune bring so forcbly to our
memory the language used by one whose testi-
mony will not be suspected-Mr. Jordan, of
this city. Mr.. Fry's counsel-that we cannot
help quoting it," 1t is now pretty generally