The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-18
the wen meaning modsraiss and the practical workers Of

the rank and file.
JAMES srEPHEss-rHE o'aAHosY POSITION
James stephens may arrive II so al Is wen mauony
rallies his into cheer by saying that ne - osePnens
man, that Stephens will trust no man out hh VIII, re-
cognize but him, send dispatches 70 none ou. MN
knows and will know none but him as his representative
here Very good Where stephens goes there will go
all So dozens Of circles who hear those assurances
are IN solid column .hs ebey and
obedience 10 il.
THE SENATE POSITION.
The other side claim they are acting on the Stephens
principle that they take their inspiration from the spirit
of tho r. b. that John O'Nahony stands between them
and the Irish movement, tina. James Stephens always
told them OiMahony would BIO in the way the day OF
action that no has treated Stephens with reachery and
duplcily that they revolt because John 0Mahony
moi acting right to stephens and his men in the gap
and that the day of action being on, then O'Mahony
should get out OF the way or the ]. r B. would be
ruined and its cause lost Most assuredly the man OF
gumbe at any decision their great recognized Irish
Chief might come 10 would be scorned and hooted out
and the whole division would march to the beck OF Ire
lands Central Chief
A word from Stephens would lay the whole storm.
Zone blast upon his bugle horn were literally worth
ten thousand men, a million Union square convoca-
reunion.
If STEPHENS COMES NOT WHAT?
II Stephens does arrive here matters will thus be ar
ranged thoroughly, and the movement would most as
suredy be heard from in quick time He has not
arrived yet. II Is not known when he will IL one
month eapses and convocaton or two on one or the
other side intervene he will certainly have much
harder job hand 10 set the Turn urc OF the Fenan
institution to rights than he would now.
There great many sensible and practical men OF
partisan records who earnestly striving to effect
arrangement, como what may. But they have not
much prospects OF success and will have little while the
war cry Of the one side continues, "UMahony or no.
body;, and that Of the other ''Anybody but OMa-
honyn Thus literally stand matters now, and the
above the strain Of speculation generally INDUCED in
by those known as the moderates, ard particularly by
those Fenian officers and from States and places
outside the city influence several bodies OF whom have
been by our reporter yesterday committing anxious.
ly on the situation As these parties are in good
odor IN both cstabl shmens il expected that their
contemplated visits TO both to-day will have considerable
influence tonng the further operations Of both parties
ANOTHER sENAToR-cAPTAIN BERNARD P. DAILY,
OF INDIANA.
Captan Bernard p Daily late State Senator of Indiana
and one of the leading minds of Fenansm In the whole
country has been engaged for the past two days in hear
ing both sides of the question Captain Daily is mem
Der OF the Senate He chairman OF the Philadelphia
committee which framed the present Fenan constitu-
ton and the document it is said for the most part
drawn up by him He is also juris Of standing in his
State and chary Of committing himself before max
ing thorough scrutiny Friday spent the Senatorial
quarters and Saturday in the Union square establish
ment. The following document explains the result
ADDRESS OF SENATOR DAILY, OF INDIANA, THE
AUTHOR OF THE CONSTITUTIONS.
New YORK, Dec. 10, 1855
To THE OFFICERS MEMBERS OF THE FESiAH BROTHER
FRIENDS BROTHERS AND CONTROVERSIAL the last gen
eal Congress Of the Brotherhood held in the city or
Philadelphia in October last, it was clearly perceptibe
then the Old form Of government was insufficient and in
eneciualy work the liberation OF our native land your
delegates there assembled adopted and ratified the con-
suton OF the Fenan Brotherhood taking as their basis
the constitution OF the United States making our gov
eminent of delegated powers, 30 that each depart
mcnt has its duties and power prescribed and Defined
and all power delegated is reserved to the Circles
and members. As one who took prominent part in
the formation Of that constitution and by chosen as
Senator ut this most trying hour Of organization
deem il my duty TO lay before you what firmly believe
TO be the true purport Of the constitution and IN do
- so have no personal ambition to gratifying friends
tepa enemies TO punish. When accepted me
f senator il was for the purpose OF giving aid
ld comfort to IrelandS liberation calling upon God,
all things connected with this position, and having
taken this oath to support and defend the constitution
shall do so 70 the best Of my humble Judgment
The constitution adopted and ratified by your repre-
sentatves provides in article second that all legislative
powers shall be vested in a Congress Of the Fenian
Brotherhood which shall consist Of Senate and repre-
sentative body The second section Of the article
provides that the shall be chosen every
year by the in good standing OF the several
States and districts. Section third article reads
follows:-"The Senate Of the Fenian Brotherhood
shall consist of fifteen senators They shall be nom
mated by committee OF two from each State and dis
rc elected by the delegates Of each State and district
IN Congress assembled and such nominees shall be
elected ey woa voe a 2, saq he oae
Of elcctng the presiding officer OF the Senate, prescrb
ing his duties upon the death, Impeachment removal or
inability act OF the President or the Fenian Brother
hood.
sec 8 The Senate shall have the sole power TO try
all mpeachments and when sitting they shall be on
OATH and should il become necessary 10 try the Presi
dent Vice President Of the Fenan Brotherhood the
Senate shall elect its presiding officer pro tempore and
person shall be convicted without the concurrence OF
wothirds Of the Senate
Sec O. Judgment in case Of impeachment shall
be final and nj the discretion Of the Senate
Article third provides for the election Of the President
prescribing his duties and defining his powers and in all
his appointments Of officers in the Brotherhood, before
the same shall be taken, must be approved OF by the
Senate.
Having thus adopted this form Of government,
every member OF the brotherhood bound observe IT,
There be conflict Of authority as the powers OF
each department stated in PLAIN and concise language
To the Senate you have delegated q three fold power
legislative, executive and judcal-and making their u
dcal DEGREES Gna and from which there Is no appeal
or in other words you have constituted them as tho ma
tonal committee OF safety and for which they receive
compensation. Not dollar be taken from the
treasury without brst being appropriated by that body
this important trust you have declared that they shall
meet in perpetual scss Sec OIL, article OF constr
tuton) No correspondence can be had with any,
power without being submitted 10 the President OF he
Senate and should he deem necessary submitted to the
Senate Having made this government are you not
willing TO support and maintain in n make laws
day and them naught another,
tnen are wholly incapable OF self government; for
without law order and discipline we cannot expect TO
compete with the power that holds our country in bond
age. Whatever mny be the differences Of opinion about
certain measures we must not lose sight Of the
constitution II is the polar star upon which all eyes
should b. centred Whether certain officers of the or
ganizalon have been guilty Of mafeasance in Office
know nothing Of, as was not present during the trial
still ! ind that ten OF that body, duly empowered by
you under the solemn sanction OF their oaths have
judicaly said that certain persons guilty. which
judgment you have said IL final or the facts ! know
nothing, as worship NANNY sole ambition being
TO lberate Ireland from the despotsm Of England And
you have made this constitution the rule
you Will work by 10 accomplish this Let
then work with earnestness and devotion. At this
moment many Of friends and brothers in the hands
ofthc enemy, undergoing NIL the prvaons OF prison life
dark clouds Of adversely lowering and around
our country and viii we be recreant TO the trust
Gded in us, aud at the time when all and
sources should be- used TO aid friends and allies at
homer No my countrymen. Let us lay aside all minor
considerations, support the constitution Of own
making, and stop this thing OF canvassing the meris
OF dement's Of this that man. but, like
true men, prove to the world that lbcrate our
beloved country and maintain therein a republican form
Of government
Believing that the present session OF the Senate and
all It's Official acts and have been In accordance with
the constitution and laws OF organization, and that
IL s the duty OF every officer 10 discharge his at
this moment take my place on Monday next In the
councils OF the Senate OF the Fenan Brotherhood,
in session in this city Yours fraternally,