The New York herald., 1867-02-21

rebellion, and wssp are continually raising the
cry Of persecution, that there y no desire 70 ex-
erciss any unnecessary harshnea in the admin
istration and maintenance q tho laws
Tho Case Of Lord Rrnest vane-Au Inds.
~ . pendent Jadiciary. @aA
IS We published yesterday, under the title Of
"A Peer In Court, an account Of the case Of
Lord Ernest Vane, who was sentenced by the
Court Of the Queen's Bench, London, on the
24h ultmo, "to be imprisoned for three
calendar months a. first class misdemeanant."
In 1866 this nobleman and his prosecutor, Mr..
Thomas Harding Ames, were cornets in the
HQneen's Own" cavalry regiment, then sta
honed ct Brighton. Mr.. Ames, the SON Of .
worthy but not wealthy East India oflcer, hap
pened TO prove an unacceptable comrade to
several oii the young swells, whose extrava-
gances, particularly at the card table, he could
not afford to emulate, and they conspired to
drive him from the regiment by q series Of
petty insults and indispities. These were
crowned at last by their fiIgleader, Wild
young blade, not then twenty year, Of age, and
known as Lord Ernest vane Tempest, who, on
the 3lst of October, 1856, met Mr.. Amcs at
Bri yhton and spat in his face, calling him
"a coward and blackguard" The London
Times Numbered away at the cruel tormentors
of young Ames, who had been forced to leave
his regiment, and it excited so much sympathy
for him-rather spooneyish, as after oil it
must be admitted he appeared to be-that a
handsome subscription was raised in his behalf
by the English people. On the other hand,
his chief tormentor, finding the army and Eng
land too hot to hold him, left both, with his
debts, behind him, and sailed for the United
States on the 18th Of November. In 1857 he
was known in Chicago, under the name Of
Mr.. Stuart, as one of the curious lot of human
waits and estrays from the Old World whom
another of their number, the late Mr.. Dickens,
if he had possessed o tithe Of his celebrated
brothers talent, might have drawn to the life.
and for all Of whom that city was sort
Of Botany Bay. 1t must have been droll
enough for future generals of the federal
army, then busy in the Offices OF the
Illinois Central Railroad Company, to meet
sprigs of nobility, sons Of more than one
Lord Bishop Of the Church Of England, ex-
officers Of the British army, ex-smembers of the
Inner Temple, Esquires. (" honor-mcn from Eng
lish, Irish and Scotch universities, who were at
that time figuring In Chicago a. dealers in
grain, lumber, real estate, dry goods, bags,
liquor, pork. second &and books and even
fsro bsnkA Mr. Smart was, happily, never
rsdnssd - Ne latter sxtremity. bat ne vas
obliged to prolong his transaaantie yisit by
tlse sEot thaA : fortnight afser ~ departurs
from England his prosecutor took whas. ths
Court described - sthe strictly legal but unu-
sual course Of outlawiug him zon's criminal
charge, although abroads At Sittings in Banco
last month. before the Lord Chief Justice, Mr..
Justice Blackburn, M. Jastioe Msllor and Mr..
Justice Lush, Lord Ernest vane swore that he
went to America ON account Of his pecuniary
difficulties, remained there until 1862, since
which time he had not been in Europe until the
end of last year, when he went over to Eng
land, got his outlawry reversed (paying dfty
pounds to the prosecutor's attorney for the
costs Of 10, and pleaded guilty 70 the indict-
ment, upon which be was brought up for judg-
ment. Although he seems never 70 have apollo
gized to Mr..Anes, be 6led an aaRdavit stating
that at the time be was greatly annoyed ct the
loss of his commission, and that be committed
the assault cohplained o. while laboring under
considerable mental excitement, and he ak
pressed his sincere regretfor the offence The
decision pronounced BY Mr.. Justice Blackburn
sentencing Lord Ernest vsne 10 three nouths'
imprisonment IS admirably lucid, lenisnt and
just The sentence itself is a striking illustra-
ton Of The even-handed justice which Great
Britain may proudly boast Is metod out by an
independent judiciary, without respect to per-
son, to rank or to wealth. "Pity lis 'tis true"
that In this country we cannot always be
equally proud Of our elective Judiciary, de-
pendent, = this 4, upon the votss OF he very
rogues who are brought up for trial BY it
Minister Harvey and Tzis sassry.
On Monday last an amendment to tho dlplo-
matte and consular appropriation bill passed
the Senate, providing for the payment of Mr..
Hsrvey's salary. The general sentiment Of the
country, as indicated through the press, wss,
we are glad to see, consuated n this proceed
ing. However much M. Harvey may have
sinned IN party ssnse, there was no just
reason why, % long = he continued in the
sorvice Of the govsrnmsnt b should be de-
prived of.the oonpsnsa1 to which be was
entitled IN revising ~ decision with regard
to him u Ssnats only did what was Just and