davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1879-02-27
TILL lrALIA C-tNE.

MIR Rl9Iur'S cDltOmCOI the OpInlou dtiiNtrcu
bv Judge Curtis III favor OF tie power "l Ton
cre,, 70 abrogltc q treaty Is 80 mrdcic that II
fail, fo show the full bcdin; oi the decision.
Tin. ,,,mc NAV be said of the guarded '"iri-
curc made To the case ~ The report "i the
House Committee. Certainly the inofdi sens
ot the country at large, and The general tenor
of the adiuliratons. are 10 the effect that a
TREATY i IN the nature of CONTRACT between
two nations. IL may be tomindh.c 10y either
one. or It nav not be; whether 1t Is, OF l' not
drpepds on the nature of its engagements.
Few persons would contend that treaty ccd-
inc lands by one nation to another coHid ~
summarIly abrogaicd, and the lands resumed
by the legislative body Of tie nation making
the grant. A treaty has the moral obligations
Of q contract; that II has not all the legal
force arises simply fiOm there beng no tribu-
nal empowered to enforce it. True enough, II
It Is broken causelc,Sy there may ne no rc-
dress bat war but As between the Two nations
thj, does not diminish its obligation.
Did .Jusilcc Curi, ever decide that a nd-
tiou js not morally bound by It's treaties, oI
that Congrc., j, superior to ,hc Obligation 4!
By no means. The case before lhu arose
with Russia that her products should not bc
subject to a higher rate OF duty than IKE
ooods from other countries. In 1sl2 tariff
wa. passed, LAYING lower duties on India hemp
than Oh Russia hemp. IN an action Tor duties
charged on a lot of Russia hemp the mpOr-
tcrS asked the Cont to disregard the tarit
rate because it violated the treaty, and OBJ
icctcd that as treaties are made 10y the Presl-
dent and Senate, 80 they should be changed
by them, not by Congress. The Court refused.
Justice Curtis explicitly recognized the con-
tract obligation of treaties, and that the for
cicn sovereign between whom and the UHtCd
States a treaty has been made has "A ii -ht 20
expect aud require its Stipulatiors 10 be kept
with scrnpdlous good faith. but held that the
oucsti0n whether thc Tariff Act of Congress
Was consistent with the treaty was not II
iudicial question which the courts could try
lie held that the power OF aNrerlaiuug
whether lust cause warranted and sound p0licg
dictated the abrogatiOn OF Il treaty was not
vested in the courts, hut in Congress. The
courts can only administer the existing law
as they find 1t; and must enforce the latest
act as the controlling law. II was IN this
connection, aud in explaining that the power
to deal in altering treaties which his decision
denied to the courts existed somewhere, that
he attributed it to Congress. All this i,
sound but it has little bearing on the
question now before the country; and wc con
fe,S that we cannot see how II gives any support
TO the idea that Congress may arbitrarily
abr0gate "A treaty permanent IN It's nature.
without negotiation or notice simply because
purely local interests seem to recommend q
change.
New-York tribune., 1879-02-27
BiyyTNG 1LNO yINDiClTED.

Banning has a great deal OF bounce left in
him, after all. 1t ha, been generally believed
that he WAS elected TO the seat he adOrns by
the illegal votes of MIR. Eph Hollands gang
of repraterS in Cincinnati. The confession Of
that energetic leader seemed 10 leave no
doubt as 10 the fact, aud there be-
ing 40 case ON record of the election
of candidate by the fraud, of his opponents
the ,uppositon was that Alr. Hollands patri
otic ENTERPRISE was carried on under the aus
piccs of Mr. Banuing's Democratic friends ;
though possibly that eminent gentleman him
self was as ignorant of the whole matter aS ever
Mr.. Tildcn was Of the sinful doings of the co.
paIccIeIs. This circumstance and the discoy-
crv Of Il sharp money transaction III cOuncc-
ton with the employment oil Il cIrd, of his
committee year or more ago, have had q
euhduing. and in some measure, dcbIitating
effect upon the gentemans spirits for several
months past, and he has failed TO occupy
the space in the public eye to which he OF
dinarily thinks himself entitled. Ills unusual
relicenct has been greatly regretted by the Re
uublicans in Congress and by an amusement
loving public; by everybody, indeed, except
his own party, by whom his silence has been
accented as one Of the few blessed bOOns of
the session.
Tins silence he broke on Tuesday with
several sheets OF lcgal-cap tied together
with a ribbon, from which he shreked
shrin defiance Mt all mankind, and
especially at sir. Garfield, who, Il week ago
in Il speech in the House, made certain re-
fcrcuccs to the confessions of fraudulent
voting in Cincinnati. which Banning took as
personal Under tins provOcahOn he made
things hum. 10 denounced the insnuation
that he had been elected by fraud aS
an "infamous falschood," and the au-
thor, "whoevcr he may be, as Il fal-
sihcr." Zone word moTc,' says Banning,
warning up from explicit denial to universal
defiance desire 10 bo distinctly under
s,ood about this matter once for all. If any
"person means TO assert that Il single fraud
"ulcnt vote was cast at the election OF
"lS7G with my knowledge, by my al-
thority, or through my procurement,
{" here and now pronounce the asscr-
{" ton n malicious falsehOod." This was
said with delibcration, and of course with the
slrillest of emphasis from the sheets of legal
cap tied up with 4 ribbon. 1t must be ac-
New-York tribune., 1879-02-27
TUE PL.ilEf IG4iN.


il Is diihcu't 10 gt' ~ 'h' mum 'o'" inc
rca! condition Of ailaiG~ III hu>~ib ""at WIN
General Mctlkoii ; soothing accounts on the
one hand hat the plague Qi At was 'hr pIagurl
has almost disappeared, and the frantic a>Ser-
tons on the other oi correspondents "l Eng
hoh ana American J'"'h",'' 'hI' ~
stead OF the ie" scattered o'a'hS r.
ported Throughout Europe "h'Io to"h'
nave been depopu.dttd' ana th"t II j.
Staying lis thousands al tht present timc IN
remote Villages 81 Whifh no rcp"fl Whal'Nrr
has been made. Inc uu'h pi"oaol! hc' Hal-
way between the IN"' l"c h"N'iH" ""''i"
mcnt has every motive 81 sen interest l"
serve by conctalhE 'i' Ie" S'"'e - aHI"s'
and correspondents are "P, 10 l'hc 'ii|n'
easily. and to" ",oly "i one 'ei'h III " remote
village by the time It reaches the capital
through the mouths 81 ignorant tribes can
readily grow INTO town luI ol uhOuried
cugpsc-.
When the plague Nl>l''u l'u>7'' DE-
fore, it was concealed the Hmpitss even
denying ii officially III Il uhaNe' hth IL
fully declared itself, however, all attempt at
New-York tribune., 1879-02-27

cepted rs a vindicatiOn. Il is right In the
line of the most recent Democratic precedents.
Against delugc of circumstances similar to
those which environed the gifted Banning. MIR.
Tiden few days ago stood up and swore that
no fraud was attempted in 1876 with MS
"knowledge,n authority" OF procurement"
Aud the whole Democratic party threw up lts
hands and exclaimed "lie's vindicated j.
Aud doubtless Banning reasoned thereon,
"If this Is the way OF 'vindcatlon,
"wll cen proceed TO do a littlo ylndl-
"cating on my own account" and began at
once to get together his pages of legal
cap and his ribbon. So here's another
Democrat yindicated on his own assertion that
he had no knowledge of the frauds perpe-
tratcd in his behalf For he himself has salu
it, and it's greatly to his credit
The fact remains in this case. as III the
other, that there were frauds SO much
must be admitted, for it has been con-
fcsscd. And here the same logic leads
10 the same conclusion, TO wit: There having
been frauGs, they must have been peIpetratcd
by Republicans. In fact, Banning distinctly
charges this. He says Eph Holland Is Re
publican and that he dad not go 10 the penl-
tcntiaiy 1T all, but to the Dayton Jail, where
"bc enjoyed all the luXurics of litG'-a very
interesting though somewhat irrelevant
fact. fhc inference from Bannnss defence
l. that the Republicans employed rcpcatcrs to
give Banning the election. lhiS seems mt
first blush hardly credible. And yet when we
consider the cilcct OF Banning'S election upon
-" Democratic party, We confess we 40 get
an arrnwy CLEAN OF hgitt UDUn this remark
New-York tribune., 1879-02-27
PERSONAL
Professor John Fiske, of Cambridge, Will

Professor John Fiske of Cambridge VIII
clqo next month"; iu the Old South Church ln Boston,
r,itr, new Lectures Oh Early American History
ia Aprl. nc viii repeat the course Ia thIS clIy'
Nlr. Jefferson Davis Is IN excellent health
o,,;. ,ro.pcr.ns IL has just bought Mrs. Dorseys
bDi.r,o residence. Bcaugor" near Mississippi city.
Tho King and Queen Of Belgium live for
o Greater part of the year az Lacken, where the Prin-
eee are brought up under the close aud ah,otionate
pcsion ot their paIyu.3 aud learn 10 love the home
whore -o many happy days aro spent. The oldest
daughter Princess Louise IS married 20 Prince Phip of
s,xe-Cobourgi the second daughter Princess stephan'
IA, not yet come out she Will DO fifteen next May ana
be will nrobabl Ike her sstcr be married cnry, FOR
ready Tins event IS talked ot likely To take place
before very long
Princess Louise wore at her second Draw
ing Room a black velvet train over white SATIN
underdress with black tullc veil and diamonds. Iht
IaiGr Recorder says: More than ono confused gem
temuu aud basht lady, when reaching the termination
New-York tribune., 1879-02-27

OF the critioislng gauntlet. bowed 10 tho MARQUIS a
LorDe but forgot the presence Of the Princess Louise
Tho latter however, with true goodbreeding affected
not to have noticed the omission, and bowed "a tho nm.
whiting offender against etiquette passed by her pes.
ence A volume would not suffice to describe the va.
riety of bows given. smiling miss, an aged lad with
elaborate prepared c0fre TO atone for lack Of thA
spiehtness ~ youth, each showed by the formal ana
deliberate manner IN which they made their obei.ancs
that they we're dancIng-masters pupils. Gentlempn
alsp off red scope for amusement Many advanced and
spreading their hands gave t.o LasieIh oaiaatn as
nearly perfect ns Ewopean attire permitted. whilst
eyebrows at ibe race Oi royalty"
VI. Clairyle. tho author Of LA File de
Madame Angot" and " Les CiOehes de C0rncvile.' "a
dead. He beSan life actor. appearing al the thea.
Of Madame sadui, where he played Htdson Lore IN
Napoleon az g. Helena" One nsht, having sold L,
black silk stockings n order 10 dine, he blacked lees
the pit perceived the substitution. and made such
noise that the curtain had to be let down He tired the
Ambigu but was failure; and at last Dennery recon-
ended him write for the stage instead OF sppeario,
on t-a fortunate piece OF avlce for all parties. He
was very respectable man, bourgeois Of the bour.
Ccois VINO rose at every morning and worked
away with his pen all day long. only leaving the house
10 10 to rehcarsas Ca.rylle bad several collab0a.
or less known To fame nut one Of HIS most
as-dUou- f. ..oU-laborrls was ". Mot or Miouc.
lrrg IN office, who would never aow his halne 10
appear on ihr D-, and ~hp never went % any theatre
except he BaiCuu.rs nitEr+c house. close 10 which
ho IroIdtd-t strange par TO keep Paris IN roar.
Mr.. Gladstone, IN an address on "nr
Hook. recently gave as Idea Of hero lie holds That
hero who must have ends beyond himself IN
Gao Ing himself were, ont OF himself and mus, pur.
sue these eud, by means which honorable and law.
flotAerwIsc ne gIt degenerate INTO wild enthusiasm
is must dJ this without distortion disturbance o h
nature as a Iau, because there were eases OF wlo
we're heroes ~ great part nut vno were excessively
given 10 certain ideas and objects " their tea,
they lost al tho proportion OF their nature. man 10
be hero must pursue ends beyond hnsr oy legiunals
means He must pursue them a. a man, not asa
d.oanar. lie must not give 10 some one idea dlspro.
portonatc weight which It did not deserve, and forget
everything else which belonged TO tho perfection and
excellence OF human nature. II he did all tAs ne was.
hero he had not very great powers anu II be had
great powers then was Onsummatc hero. greater
hero thau NdpUlc'n was the Capdh 81 SAp hllcI vas
run down l the Channel hree or four years agO. VITO
when mis- ship quiyorng ana the water gurelnE
round hct and the OOas hal been lowered 10 slcn
persons a. cuud be saved stood by the bu 9arks Wha
o 30 ms aud threatened 10 shoot dead the
man who cud@aVOred to get into che BOAT uuQ every
woman and enid WAS provided ior
New-York tribune., 1879-02-27
N&m.3Qotk Dsa}tn GrlbA1e,
FOUNDED sY HORACE GREELEY.
THURSDAY. FEBRUARY -. 1870.
TBE hEUS rms MORNING.

Forucv-Thc report Of the resignation Of the
Protect Of Police of Paris is confirmed; the Sccre-
tary of the Interior will defend his course
IN the Chamber to-day. --- Later advlces
from South Africa explain the defeat Of
tho British troops bv the fact that Colo
mel DuInford's column was attacked before
1t effected a Junction with Major Pullene's
command, and the latter was attacked when
hastening to Colonel Durnfords assistance.
Prince Louis Napoleon viii sail with the
troops to-day =- The sale of the Go'oS has been
prohibited at ST. Petersburg on account Of
its reports concerning the plague. -- The
Khediye'- son has apologZod for ms
insult, to Rivers Wilson, the Minister Of Finance
--= Fires occurred at Manchester and Preston,
cansinr a total loss Of Ci%00o0.
DoMFsrIC-Tbc schooner David u. Io'"k was
stranded near Barncgat yesterday morning; only
fonr Of the eleven on board were saved --
Dom Piatt was twice knocked down in the
lobby of the Capitol at Washington by
McCarrahan. yesterday. --- A resolution was
presented in the Ncw-Yolk Assembly re-
0ue.tipg Superintendent of Insurance Smyth
10 resign. - The bill in the Nev-Jerscy
Legislature against convict labor was killed by
Senate Committee.
Co>GREss.-A good deal of routine business was
transacted in the Senate, yesterday, the Internal
RevcnGe bill being reported from Conference Com
,nittce and passed in the course of il; the Dct-
cheney hill was then taken mp; debate took place
on the clause for paying the expenses Of prosecu-
tions for election frauds. thr Democrats obccting
10 the item tho item was retained by vote in
which the Republicans had l majority the bill
was finally passed Nj Sargent called attention
10 a paragraph in The TRIBUNE, and made per-
eonAl explanation a night session WAS held on
bills on the calendar. --- In the House the Census
bill was passed; the Sugar bill was taken M and
discussed without action; Nr. Springer tired to
make a report on the Seward ca-e wl'loI' sVccc-s
the Tobacco Tax bll was reported from Conference
Committee. and Nh Conger had c1lSc1y with
MI Tucker about the tax on mat.hss; ID acton
was reached on the report.
CnY AND SUBURBAN.-Abraham D. Freeman and
Charles Bernstein were convicted u arm,
but their sentence was dcieref. --- The
new Civil Service rules were agreed upon 81 the
Custom House. -- The American Fish Cultural
Association closed its sessions with dinner. 60
Frederick A. Freeman is still under arrest.
- The cross-examination of DR.. John
=. Gray was continued in the Vanderbilt
will case. --= Gold value Of the legal-tender sll
yer dollar 4l2l2 grains, s340 cents. = Stocks
active. huctuating and lower closing weak.
TmR Manufactures local observations in
dicate colder and partly cloudy or clear weather.
Thermometer YESTERDAY, $40. SO, 400.
New-York tribune., 1879-02-27
TJJE Urn CENNTS.

Jr. Cox's Census bill has ut last passed tho
House. and il has not passed day too
soou The science of statistics has mad"
such decided progress during the past
,bjrty wears, and the wants and conditions
of 1850 ale 80 different from those of
1880. that new law is an imperative
and immediate necessity. There is absolutely
,o time to be lost, If the immense territory
IN be- covered is thoroughly mapped out and
studied, and all the new machinery perfected
and tested so rs to insure IS far as possible
IFS smooth. accurate, and rapid working when
the moment arrives for tho one capital,
decisive, and only experiment of its efficiency
~ practical and actual use. The law might
lac improved in some particulars no doubt,
blt on the whole there Is occasion for graft
tude in that it is ~ good "a ii l.. Doubtless
q census ought to be taken on a more COM
urrh,nSive plan than was contemplated
in the original constitutional require
mont. and for a great many purposes
besides the original one of furnishing Il basis
for representation and direct taxation. But
after all, the danger lies in undertaking too
much, rather rIan not enough. Spread eagle
statesmen who rally round the flag gwhenit waves
over United States marshal, and truly good
,tatisticens who consider census incom-
nlctc unless It resolves itself largely into a
moral uQui,tiOn or IA religious and mission
nry inquiry meeting, will hardly be satisfied
with the limitations of the present bill But
the cutting down of schedules mtru5ted to
ordinary opumcators, the abolition OF in
onlries rs to rea, aud personal property, and the
employment Of experts in special eases, all
commend themselves as sensible provisions.
The best and most distinctive features Of
the bill are the strict limitations thrown around
tho Superintendent, aud the ample discretion
granted to him within those limits. The APP
propriation is made In an aggregate, and the
total sum is less than the amount expended
IN taking the census Of 1870; bat the Super
intcndont has control over the detail, Of
the expenditures. The subjects OF inquiry
arc prescribed by law, but tho form
and methods of inquiry ara in many
cases left to his judgment. Whether the COM
pleted work. therefore, is to have n substantial
and unqucstionnble value, or whether it is to
New-York tribune., 1879-02-27

be loaded with loose and false figures, depends
upon who Is to bo at tho head OF 1t. Already
moral lobbyists, bureau hangors-on and JoD-
bers In reports of all sorts are gathering y" IN
"fiuence" and exerting "pressure" to
secure the position and IL this was not
an era Of Civil Service Reform there would
be some occasion for alarm as to the
result. 1t certainly will be an irrepara-
BILE calamity il the great work is IN
trusted to other than the most competent
hands. The place calls for man OF science
common sense and experience,-a man OF tact
mental vgor and executive force,-a consci-
entious maa, and one lynx-eyed to detect
fraud 1t may be that there are great many
men throughout the country who fully meet
all these requirements. Professor Francis ~
Walker certainly does.
New-York tribune., 1879-02-27

Upon the whole, the professional women walkers
lo nor seem 70 bc successful We hear of aspirants
nr..,kiag down an different parts Of the country.
Sometimes they faint; sometimes they 20 lnto
MYSTERIES. and sometimes INTO fits; ana 1t may bo
deduced from their many ialuies that physiraiiy
they are hardly built for the business of walking
matches against tlme The result may be "ot only
failure, but health irrcrleyably ruined. Matches
mn knitting fancy work. cooking, plain sewing, or
even i'm pauo-r5rte playing or singing, would b.
r,,,rb more reasonable and much les dmgeTor-;
for dangerous tie immense physical exhaustion Of
q walking match must be to a man, and still more
80 10 a woman.
New-York tribune., 1879-02-27

ment of special committee to investigate
the abuses in railroad management under
State charters, to take testimony NJ any
point in the State concerning tho powers
contracts and obligations OF tie roaus'
and 70 report either to this Legislature OF the
next what legislation must he had TO preserve
and foster our commercial interests. Such an
investigation, placed in proper hanuS' oo"i"
do 10 harm, and might accomplish great goou'
There are railroad corporations III thls o'"'o
into which the keen sunlight Ol puoiic''
needs TO bo turned.
The execution in England of. the murderer
Peace. whose exact stage OF moral reSenei"-
ton has been the occasion OF much con-
trovcrsv in the press OF that country was
accompanied with curious lhciocn''
Diving confessions are common enough
espccially from murdercrs, ana dying
confessions which assume the quit OF
crimes for which others have been punished
are not unknown; but a confession 10y con
dempcd man of a murder for which another
is serving out a life sentence would be a
most gratifying novelty III the last denver
auccs OF noted criminals. if 1t wer" not
suspected that Peace. thinking he might as
well be hanged for two murders as
one, claimed the credit for one winch
he did not commit in the nope
that there might he u rcpreve and an mNesu-
cation for the sake Of the man urjustly con
victed Peace was Disappointed however,
and was hanced aud it is already beheved
that his statement was false. II 1t should
prove to have been so, the disclosure would
put a slckly cast upon ms sanctimonlouS Tor
ciyencss. upOn the scafiold, of all his enemies
Now when New-York is thanking Heaven
that it is not like san Francisco, 1t Is GOOD
time 10 direct attention to the statements
given elsewhere, of Mr.. Moy jim Kee, highly
intelligent Chnaman, with respect to the
treatment which his countlymeD receive
in this very city. lie declares that many
of the better class of Chinese would
come here if they could be properly
protected in Their persons and property
Wel-cducated and prosperous "a he -, he
cannot bring his wife to tins country, and
rcSueCtable Chinese women are Kept away lOl
fear of the treatment to which they might be
subjectcd here. In this city several OF ms
couutrymcn desired to attend the free night
schools. but were utterly discouraged from the
attempt by the insults to which they were
subjected. and MoJ jim Kce declares that
there are as many as sixty Chinese in this
city, to his personal knowledge, who would
like to attend these schools, but are deferred
by fear of ridiculo and indenity. While
New-Yolll is busy dcnounciDg the ploScnpiyc
splrit of the Pacific Coast, might not some
Ill. bo do,o to c,:yo those mon the chance
of an education Which would not be denied
to them if they were in China on Afuca in
stead of in civilized Ncw-Y0rk}
New-York tribune., 1879-02-27
PATENT REVERSIBLE COLLARS.

DAILY WBUNr, Mail Subscribers, > 10 per &nhuU'
S1Nn-WtrI,t.y y THiHl-Nr Mail Subscribers - prran
v rFKlY TmnrNr. Mail Subscribers, j. per anuunr
Terms cash Ia advance
BRANCH OFFICES OF TIE 1RIhiNi-
Nyw-YoRK-No ]. .23s Broadway. corper Thirty
fyst-st . No sos West Twcnty-third-st. corner
Eiclth-avc. No. $50 Thrl-ave., corner Forty
scventh-st.: No. % East Fourteenth-Ntr corner
NAsHINGrON-No. 500 F-st.
JCNpoN-NO. 2G Brdiord-,t., Strand
TARIs-N0. y lur De- la Nornaie.
New-York tribune., 1879-02-27

Nh. Beecher talks freely about his possible
autobiography, Of which there has been some
gossip lately, and indicates the probable scope
of the work, which is yet to be begun.
New-York tribune., 1879-02-27

Mr. Garrison replies to Mr.. Blaine il an i'm
FASHIONED letter, in which it Is attempted to
show that the prescription Of the Chinese is
akin to the persecution of the negroes in the
days Of Slavery. Mr.. Garrison denies that the
treaty has been violated IN the past by China,
and denounces the whole aut-Chincsc agIta-
ton as development Of the spirit of caste,
against which anH-SlaveIy men have made 1t
The work of their lives TO struggle.
New-York tribune., 1879-02-27

Buv always 'o>i'-s~s-. ",-H
s COUGH, a cold or tOarSfneSs, instantly re-
uev,d hv tine use M BROWNS BRONCHIAL lto,Hs 20 cents
70 PURIFY APARTMENTS. SICK rooInS-to htu-
iraue sewer posoninc. or aHy canse ~
"GUO.prN pI-iSfftIANI" As6 yOr1 oIur@stiof dhiues
:, oIi<TSSs ISTSs PATENT REVERSIBLE COLLARS.
Tw0tS 0SY BPsr or ALL WAR BoTH SiURs 30 Moge
Parer Collars TRY and pr tHNNlNtfh pS use y,
styics ANGLO RAPHATl ana RuBtNs. cent? u uoA
,nN Y tifv u, G. ". Fr uch. 800 Broadway -!'Ih hS'
~, =, owen Homes Sh.svc cor lgtst. y O,Nth G Co.
shave and .Otnst j. W. Johnston 2G0 Grand ST. 'ose
Scent stamp t0I samples oy mail o h'N"'''O40 N' ~
Boston. Mass