The New York herald., 1873-11-20
W "A sHING GTON
WASHINGTON. Nov. 10, 1873
senator Conkiing Declining the Chief
Justiceship.

WASHINGTON. Nov 10. 1873.
senator Conkling Declining the Chief
Justiceship.
II is understood that Senator Conkling has after
consultation with his political friends In New York.
decided TO decline the Chief Justiceship, which
was privately offered to him by the President In
spite OF the repeated assertions to the contrary it
is unquestionable fact that the Senator has mad
for several months the refusal OF the Chief Justice
ship and that he has had the matter for some time
under consideration. AS the offer OF the appoint
ment was made un0ficially the declination OF Sen
ator Conklng will not be made public. II Ii said
here by personal friend or the President that this
is the tird great appointment rendered TO and
declined by Senator Conkling under the present
administration. The first was the English Mission,
the second the Secretaryship OF State, shortly
before Mr.. Conklings reelection to the Senate,
and lastly, the Chief Justiceship. 1t is now con-
sdered almost certain that one OF the present
Justices OF the United States Supreme Bench
probably Justice Miller-will be the successor TO
Chief Justice Chase.
The Presidents Message-SuggestiOn OF
an Anne endment to the Constitution.
The President will recommend in his message
that an amendment be MADE to the constitution,
conlerring upon the President the power to veto
portion OF bill, should he deem such portion OBJ
jectionable. and approve the remainder. making
the act law as thus amended; also that no bills
should be sent to the President for his signature
within twenty -four hours Of the adjournment OF
Congress.
The New Jersey Oyster Law I'm Court.
the case OF Thompson Whitman mo. I'LL,
from the Southern district OF New York, involving
the consttutlonality of the New Jersey Oyster law
was to-day argued in the Supreme Court. The
oyster law, approved April L. 1S46, provides that
wh ia nOt at hp m an ~ nj N nhah
tant and resident OF the State ana VINO has not
been such for six months next preceding shall
rake gather any clans, oysters or shell fish
within the State, and imposes a penalty for 30
doing and f0rfets the vessel employed. Tnomp.
son, as Sheriff OF Monmouth county, seized Whit
mans vessel In September, 1862 Two justices OF
the county condemned it forfeit for violation of
the law. whitman recovered $500 damages for
the wrongful seizure, the jury finding that there
was no violation OF the law within Monmouth
county ana that the seizure was not made therein.
On the trial the Court refused to receive the record
OF the proceedings before the justices conclusive
holding that 1t was only prirna yGce evidence, and
the question of jurisdiction was decided upon docu-
mentary and oral evidence. This raises the ques-
tion whether the Justices Court or New Jersey
within the constitutional provision relating
to the credit to he given to judicial records, the
question of boundary, and, lastly, the consttu-
tionaty OF the New Jersey Oyster law. The de-
fendant here contends that the law discrminates
between the inhabitants Of the State and non-resi
dents, making an act not ndlaa In Sc misde.
meanor punishable by fine and forfeiture If en-
gagged in by a nonresident; also, that as to en-
rolled vessels such was Whitman's it interieres
with the powers of the federal government to
regulate commerce, and with the admiralty and
maritime Jurisdiction OF the United States.
plaintiff in error, and J. L. Cadwader and William
M. Evarts Ior the defendant.
Our Postal Relations with Cuba.
The Post ONCE Department has no official inlor.
nation concerning the present report OF the
seizure Of United States mails at Havana. 1t was
ascertained at that department to-day that there
Is no postal convention between the United States
and Cuba with regard to an exchange Of mails
About II years ago an effort was made by this
government to effect such an arrangement After
q correspondence with the Captain General, who
in favor Of 1t. the matter was referred to the
Spanish government, which seemed to take no
interest in the negotiation. BY q law applicable
to that island all mail matter must pass through
the Havana and other post Offices where it is not
unreasonable to suppose there is searching
examination as to the character OF the letters
and printed papers, and that some OF them do not
reach the persons to whom they are addressed.
Commercial letters are permitted to be sent from
Havana to the United States without government
control.
Cheap Com m un fc ton with Fatherla nd.
An arrangement has been entered into between
the United States and Germany for an exchange of
postal cards between the two countries to go into
effect on the 1st OF December, 1873. The postage
on postal cards sent from the United States to
Germany is fixed at two cents each, prepayment OF
snh
postal cards an ordinary one cent United States
postage stamp, in addition to the stamp printed or
impressed on the card, but unpaid or insuficienuy
paid postal cards will not be forwarded in the
mails between the two countries.
Washington Items.
The President commenced writing his annual
message to-day, and has not received any visitors
excepting Secretary Fish, who called in the morn
ing and had a long interview with him.
Surgeon Z. II. Abadie and Assistant Surgeon Z.
A. Koerper have been ordered to report by letter
to the Commanding General OF the Military Divis-
ion OF the Atlantic for assignment to duty.
The Post ONCE Department has concluded
partial postal card arrangement with Germany.
The Acting Commissioner Of Patents heard ar
guments to-day for and against the application for
the extension OF Mayas patent Tor rubber hose.
The extension is strenuously opposed by several
New York and Boston rubber companies.
Attorney General Williams, question SUBJ
mitted to him by the Secretary OF the Treasury,
decides that a payment made by a debtor to
creditor who has committed an act OF bankruptcy,
and against whom proceedings in bankruptcy
have been instituted and are pending, but who
has not yet been adjudged bankrupt, will not be
valid in the event OF an adjudication OF bank
ruptcy in such proceedings, If the payment trans
pired subsequent 20 the fling OF the petition
therein; and that payment made by debtor to
a creditor who is known to have committed an act
Of bankruptcy, but against whom proceedings
have not at the time been taken, is valid in so far
as 1t Is affected by the existing bankruptcy laws.
UNITED STATES BUILDINGS IN CINCINNATI.
One Thousand Dollars per Foot Awarded
for the Sites.