New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-11-24
FROM BOSTON
Prom om o-s osn,-psps.n.

future, c0utinues 10 De one Oh tne chioi WP'e' VI
conversation. The agency has been an unfortunate
institution from the beginning. Ii was established
in 1885, and Gov. Gardner appointed Mr. A. 3
Mansfield Of Dorchester, one OF his own neighoors,
though the Temperance people asked for the ap-
poiniment of one OF their number. Manshelds
temperance principles msy be estimated from the
fact that ever since he left the Office he has been
engaged in the rum business. He and Burnham
have occupied the same building, and Burnham has
bought most Of his rum of Mansfield. have no
doubt they have made the business mutually profit
able. while the people have been victlmlzed Mans
field testifes that Durham owes hun from Sl2,VVO
TO SIS Coo mostly for the original stock purchased
when Burnham appointed. The law requires
that every person appointed agent shall purchase OF
his predecessor liquors to the amount OF - per cent
OF the previous years sales. Under this law, Mr..
Burnham will dispose of E25,O00 or t3o,Ooo
worth of liquors TO ILLS successor and no DOUBT MT.
Mansfield il Amply secured. The Governor has
nominated Mr.. Edward +. Porter at East Boston.
10 be- agent, in place of Burnham. Mr.. Porter Ia
member of the House of Representatives, and was
in the Senate last year. The appointment is moi
fortunate one. 1t may be set down as toierably
well esta bshed fact that Gov Banks Is not fortu-
nate in his selection of officers, as general thing,
and the longer he deliberates, the worse job he
makes of il. His first nomination, which was
promptly made, Jacob Sleeper, not only
thoroughly honest and respectable man, but known
10 every body 10 be such. Mr.. Porter, for aught
know. may be as honest and respectable man as
Mr. Sleeper: but the people do not know the fact,
for they do not know him. or anything about hun.
1t the Liquor Agency is TO be restored 10 puDnc
confidence, it must be by different methods from
this. doubt very much whether the best aud the
best known man in the State, could make II eften-
syely popular. On public grounds, L do not re-
A. n 1.rt t..rI do NOT "a.
gard il as essential that the public confidence shall
be restored to the Agency. Indeed, the sooner 1t
ia abolished the better. / do not believe il is a
necessary adjunct of the Prohbitive law; II 1t Is
the temperance men may well begin to - calculate
the value of their law. The people cannot be-
come familarized with the sight OF State Liquor
establishment selling Sl50000 worth of liquor
every year, without having their respect tor the
prohlbitiye principle very seriously impaired.
Durham is still in jail under the committal OF
the House ofRepresentatyes, for contempt OF Its
authority. The Supreme Court refused to release
him. and their Resolutions" have been published
They are for the most part, string OF truisms aud
comrnonpaces, but one or two OF them are ridleu-
lousy at variance with the facts of the case For
instance, the Judges say:
"He (Burnham) was not defendant charged
with any crime"
"The duty of the Committee, as appears by the
record of the House, was bat Of general n'estiga-
ton merely"
Nav the Members of the Legislature and the
public know that during this whole investigation IN
the Legislature, Burnham was, TO all lntents ana
purposes "a defendant, charged with crime,
and that the Committee instead of being engaged IN
general investigation" into the workings OF the
law. with the view of remedyiug its defects, was
solely engaged in an inqusitorial proceeding against
the Commissioner i heard the whole debate ~ the
House and from the beginning to the end there was
not a question or an argument which was not per-
sonal 10 the Commissioner; and the great point IN
dispute was, whether he should be committed Tor
contempt or turned over TO the Attorney General
for prosecution. The result was that both courses
were agreed upon But the Supreme Court found
nothing of all this in the record OF the House, aud
resoIutey shutting their eyes TO all facts whcn dld
not appear in the record, and the papers OF one oil
the parties interested, they OF course came 10 the
conclusion that no other facts were In existence.
Two or three days after the decision was rem
dered. Durham notified the Legislature that be
WINS ready TO deliver up the books which the Com
mittee required. He was brought before the House,
and upon being required to give categorical an
swer, yes" OF " no" to the question, viii you
produce the books and being refused the oppOr-
tunty to consult with counsel or to frame an answer
in writing or 10 make any conditions, ne answered
"No." He afterward asked leave to change his
answer 10 Yes" provided be was allowed to
make an explanation; but he was not allowed to do
this. and was packed of to his old quarters again.
He now says that he desired merely to secure the
privilege of sealing up the private parts OF his
books as the Supreme Court, III their decision said
mi ht be done of course Burnham himself would
not be allowed to do the sealing this would be ABB
surd.
On Thursday Burnham was arraigned before the
Supreme Court on an indictment for causing 80
gallons of brandy intended for sale TO town agents
for medicinal purposes, to be aduterated. Inc
charge is based upon the transaction with john Eel
ton q Co. The members of this firm have testified
that they put 80 gallons of pure spirits into 80 gall
Ions Of brandy for the Agency, the business being
transacted through Brookhouse, who was Burn
hams factotum. The prisoner was ordered to give
bail in So COO but having 10 remain In JAN al any
rate for fortnight longer, did not deem II neces-
sary to be in hurry about 1T.
Meanwhile the Investigating Committee OF work
DIR. Charles 7. jackson has made some revelations
damaging to the Commissioner, and to himself he
has testified that an analysis of liquors ia useless
unless the agent is honest This is an obvious fact.
He has also testified TO facts which 60 to show that
he knew BurDham to be dishonest; consequently,
he knew his ANALYSES to be of no value, and no Sc
curiy to the public Query why did be not expose the
fraud instead of giving the sanction Of his name to
il Brookh0use also gives some evidence winch IL
not altogether credtable to the Doctors analytical
powers; but BrOOkhouse's testimony must be - ex-
ttuutu win many bisAho VI "H~'~~ ~N'~N~ -
implicitly believed.
OF course these events could not take place
without sooner or later taking political complex
ion. Gov. Banks is held responsible for Burnhams
conduct. The evidence against him is quite az di.
rect as that which proves that Senator Seward and
Senator Hale were aiders and abetters OF John
Browns and, spgulariy enough, the diyulger OF our
Guy Faux plot is a person named Forbes Our
Forbes is not a reyoiutionist, however, Ike soHr
Forbes but Democrat in tolerably good standing,
though believe he was once turned out OF the