New-York daily tribune., 1858-12-09
From BOSTON.
y,om Our Own Correspondent.


given for this step is the insdequacy Of tne salary
which is s., ,0o0 per year. Two years ago tue
salary was increased becsuse, it was said, Judge
Thomas ,eonH resign il il were not increased
Now be has resigned in spite OF the increase lhere
are many pcrsons however, VINO peh"V' 'n~' his
position upon the bench has been S"me"bHt ulc'n-
Portable lie has had pretty strong t'nfen"y to
Siss.,, from the opinions of the Court, which are
.optYolled by the Chef Justice, and It is surmis.i
thst ,bi, has created imp lcasant feelings between
him and the msjority. His recent vindicaIOG Of
ihe Jury Law of 1855 against the sOphIslns OF the
Chief, has probably aggravated the difficulty. l
suppose Judge Thomas con earn at the bal much
more than ~, 900 year, for ies years, but his
labor will be irregular, and haIrassng to mind
and body, and it is questionable whether, at the
end Of fifteen or twenty years, bis fortune vii be
any larger than IL would have been II he had kept
his place. Some of our best tiwyers Sidney Bart
lett for instance, have lost their 1eath ia The prime
of hfc by their ncessant pursuit OF busness.
Among those who are spoken 0i hs candidates for
Judpe Tbomas's place, are Judge Allen, Judge
Uonr. Mr Bartlett, John a. Andrew, and Reuben
A. Chapman, all of them ,ble men, and the fret
two tried and experienced Judges Of the inferior
Courts. Other things being equal, il is certainly
te be hoped that Gov. Banks will select man who
is IN sympathy with the liberal and progr, sslye
Tendencies Of the age-One who IN making his
nonizc with these tendencies rather than with
their oppOetcs.
Among the cases lately decided by the Supreme
Court il one affecting the light of the proPrietors
Of tbeateTs and other places ot Amusement to ex-
rlude cOlortd men. Mr. Julian H. Mcl.ea, Ii col
ored nan, bought ticket TO zee the exhibition OF
Marsb's Juvenile Comedians, in December 1856,
and upon presenting il TO the doOrkeeper was re-
fused ndmittancc because he was c0loied man.
Mchea tried 10 force passage, put t"o policemen
were called, who compelled him to retire Mr.
MnIsh being summoned, said: "Clear out, clear
out; l can't have anything 10 do with you mig
"eeTs." McEea .heI brought an action Of tort,
ard Mr.. Andrews took charge Of his ease. The
Jury, under the ruling of Judge Abbott of the Su
wTpr Court, gave n verdict for Marsh;
exceptions were taken, and the Supreme
Court has sustained the verdict. No opinion
Was delivered, but it Is stated that the
verdict is sustained on Judge Abbott's ground
that the ticket only an executOry contract, and
that the defendant had right, before any part of
the contract executed and the plaintiff had
entered the place 10 which he claimed admittancc
10 refuse 10 fulfill the contract and exclude him by
force, and that such exclusion would not render
the defendant liable to an action of tort, but that
the remedy, If any, mus; be by an acton on the
contract. II this Is the ground on which tfe yer-
diet IL sustained do not see that it affects the
rights of cOored men more than of whites. Any
manager, according 10 ms caprice, msy exclude II
ticket holder and there is no remedy but an action
on the contract. presume, however, that If the
action had been brought by any body but "nig-
GER" precedents would have been found for an.
other decision,
The Junior muiineers, OF whose trial gave YOU
sn account in my last, have been cOnyicted-
Pumer, the ringleadcr, of murder, and Herbert,
Csrtber and Stanley of manslaughter. Hr. Butler
has hled dozen or fifteen exceptions, which be
will argue in March, for the purpose of getting II
fri. frD It... I'll. thrn. oil
satisfied with the verdict. The newspapers all say
that tbe verdict ia inconsistent and absurd; that
there is nothing whatever about the crime which
brings il within any recognized definition OF man
slaughter; and that, az any rate, IT killing Ia get
rid Of Illegal restraint and Ill treatment Is man
slaughter, then Plumer must come II the same
category with the others. Most true. Yet, after |
all the verdict is substantially jwt one, and IT the
execution Of the chief cOnsplratOr aud actor is
necessary und sufficient 10 give condolences 10 the
owners and masters Of vessels, the comparatively
Light puDishmcnts of the others may serve as
ssiutary lesson to masters and owners aud mates
on the subject Of the treatment, food and discipline
Oh board their vessels. On the whole, the trial
resulted well.
Mr.. liddiDgs received friendly reception here.
complimentary dinner was gwen to hm NJ the
Parker House, at when Senator Wilson presided.
Gov. Banks spoke i'll the highest terms OF Mr.. Gid
dings, not only as man of integrity and hrnness,
how and when TO do the right thing. He censured
with severity the people OF the district he repre-.
s.nts for refusing to reelec him. Considerable was
said ia the of the evening about the election
of Speaker in l-,pj, and the Governor alluded IN
Hat1ering terms To John ". Forney. whose faith
fulncss in standing to his post. as Clerk oi the
House contributed III no small degree 10 the sub
seoucnt victory over the Administration. M.
Giddings was not in good health, aud was com
PEELED to give up some OF ms engagements a. lee
turer.
The official vote for State and county officers
has been published. The whole number ofvotes cast
was llg 30, or 900 less than it was last year;
less, in fact, ihan IL has been for most OF the years
sDce lsl0. Yet, in spite of this small vote, Alr.
Bsnbs has : ,93, more than he had last year, while
the opposition 10 him las fslcn OF 1871 $50. Thus
the net REPUBLICAN gam Is q ,Oo3 Yet, IN the face
of such .tate of facts this. The Boston COHrtor
affects 10 believe that things look encouraging for
che cause Of Hunkerism, and il plumes itself upon
hsyng contributed in no sral degree tO the dcslra
bic result. lfit can make up It's mind t0 consider
the result desirable, surely no Republican will OBJ
j.ct 10 lis feeling good over il.
The municipal elections yesterday show an III
crease of Republican strength and confidence aud
stability for Sprnghed the Rum aud Democratic
party has been defeated, after having held power
lor several years. The Hon. VIM. Il. Calhoun, for
merly Secretary of Tie Commonwealth, aud mem
Der of Congress, and good man-the only thing
known against him being the fact that he is a
brother of John Calhoun of kansas--is the Mayor
elect. In Lawrence, the Republicans prevailed by
go majority over what appeared To be Il dangerous
opposition, under the name OF ctizeus' movement,
headed 10y Daniel Saunders ir., leading Democrat.
In New Bedford also, the same party is tri-
umpbant, although the Temperance men, all OF
b,,n a ~ candidate