Newspaper of The New York Herald, February 16, 1844, Page 1

Newspaper of The New York Herald dated February 16, 1844 Page 1
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T H 1. X., Ho. 4 7 _Whole pro. 9617. TM ERIC AN HOTEL, PHIL A DtLPHl A. . . TBH r.ew honse is situated on Chestaut etruu*. f Ktaie ll?u e, Uudkpeuiiroep Square,) and ' . vicinity of ?|l thriukonibla pluit of amusement *n ,TV" J' It han been built in th? moil thorou?h mauner, by John J. Rid.'wny, fc?q , *ud contains upward. of ooe hundred many of which are mrlon wi'h bedroom* adjoining, *uitable lor families, and rartiee <>f ladiee and gentlemen . it will be fnrniahed throcuhuut. (without regard to uimuaa) with lew and elegant luruitu.e ofihe mo.t approved*tvie, and opened for tne reception of the trarelling public,on the first day dr Mdrc t oexf. . . ... The proprietors flatter theraeeWee, that their long expeneoce in the buama**. will .neb'e them to conduct the Aiuarican Hotel, in ail it* department*, in *nch a manner a* will please the most fas'i^iou*. and guaiantee to their gneeii erery comfort and luxury, dot can oe bund in any Hotel in the Uuited MUts N o ?Bathing ttooau ar* attach mi to tho Hotel, wnara warm and cold water baths will at all rimes be in readiness. IWm.?fiNaHW January titli 1844. j 13 >aii A CARD. PHENIX EXCHANGE. SNEDECOR AND THOMPSON, INFORM rliair numerous friends, that they hav# taken and I refut-d the popular Refectory on the 8 W. corner of Fine and Nassau itreeta, known as the "PHENIX KXCH ANGE," and determined to W?ep the choicest liqnors and sewara to be found in the city. Thoie who appreciate a anparior glus of Brandy or (tin, ar.raqua.tM to call and try a r?ry fin. article Juat iec ived THE DININO DEPARTMENT Ucompletely r?o iced, and those who wis*> a good dinner, well tarred, can n be iccomniudattd at moderate charge*. Aa the proprietor.* nwoi ve-l to kc- p a firat rat* hoot*, they reepectfully retjue Ktronege of their frieuda and the public, aa long a* thevtt found to deserve it. ISAAC S SNEDECOR, AUSTIN D. THOMPSON. N B.?The LUNCH, at the Bar, wilt be served up erer> day between a and 11 o'clock, A. M. Oyatera in every style? at all hours of the day. jM 4taw i??w* rc EXCHANGE HOTEL-BALTIMORE. "URAaTl'S COLEMAN ha* this day taken HENRY V JACKSON into par voership, ard in future the home will be-i.ud-ct.-d in the name of COLEMAN It JACKSON. The patronage of the travelling public, and influence ef oar frends, IS respectfully solicited, Baltimore, February 1, 1844. fl Ira M HAVANA MANSION HOUSE HOTEL THE undersigned taken occasion to inform hit friend* and A the pnblie, that the Manaion Honse is now loeated in Inqatsidor street, No. <T. in the viciniti of th. steamboatli-| and ragouble market, haying commodious family apartmssita arranged in the ueatest order. A person is employed to procure permit* to iaad passengers baggie, 6tx. who will board vessels immediately after th* visit Ol the revenue officers. N. B.?Visitors to this Ialand should procure a passport Iron. the Spanish Consul, at tna port of embarkation, to obviate dif Seal tie. and inconvenience. s?18mec? WILLIAM FULTON. ENGLISH ADVERTISEMENT. T ONDON-ST. KATHARINE'S HOTEL, opposite, the A.J St. Katharine's Dock Gates, and near the Royal Mint. THOMAS LENNEY, latn Cturt Steward or the Bntish Uuesn hteimship, respectfully inl.rnu hisfrieuds in the Uuited Blares, that he 1ms tlie management of the abeve new and elegant establish -out, which is built und turuished regarrileea of expense, and ia in evry respect adapted for the recept-oo of families and gentleman visiting England, as the hotel fronts thai pat of theiio- k in which the liners and most of the other Ame rictn vessels lay, and is withia live annate* walk of the Bank and Royal Exchange. The house will be conducted ou liberal and economical principles. The Coges Room is supplied with the London, American, Eut Indian and Colonial papers. The Viandj, Wines, fcc are ol the first quaft-y. A good Billiarc Room and Warm Baths will be tonnd in the honse Oesitiemen tnay contract by the week or month for board, lie. on the same terms as in Amtvica. T LENNEY beat to assure those who may honor him with their patronage that nothing shall be wanting to render them comfortable, and by attention t" the wishes of his guesta, holies to merit that confidence and good will so liberally bestow(d or him when steward of the Bnrub Qnren. dl4r PkLO SAINT PAUL'S??'1 hit nobleromanea, which eonuM'?it noirrct nod virid account of the terrible plague which nvarly tin, opulated Lrndon in the rei<n of Charlas It ( a* jnit tieeu printed m a neat book form hy the subscriber. It is the oiil book edition ever pablishrd. Fnr tale at all periodical depots. Price l?K cents K P. WILLIAMS, Publisher, ft lw?rrc tt onxreat street. Boston. THE CORRESPONDENCE BETWEEN BURNS AND CLARINDA. TMIE whole of the mysterious and secret Correspondence J- w hich took nl iee betweee the Poet Buhos and thecolvbraced Clarinda, Mrs. McLerosb, in 1787 to *93, and which has been sought for in vain by Cunningham and others, for the purpose of publication, has at length. by the decedse of C.ariiida. fallen into the hands of her grandson, W. C. McLehose, Esq anil is now first given to the world. To the enrione in Burnt and Platonics this work will be Particularly relished, soil ranuot fail to strongly interest readers iu gsusral. It is published m this r.ty and Ediunurgh simultaneously The Ain*ricen edition is a neat 14roo. volume of about MM; races, cloth, gilt?is issued and for sale by 11. P. BlXBY St Co. No S Puk Row, epooeite the Astor House. Notices of the Correspondence between Burns and Clarinda, from the British Journals :? "The Letters to Clesmua have long been lelt by the admirers of Burus to ?e an important chapter in the Poet'a Biography."? Allot. "seldom have we welcomed a work with warmer feelv ings man the one before us. The publication was due to th- i i<tv of Burus' devofd attachment, and the letters three mack Itaht on aaaai r trait* bs Use Wildly dsvkvea ekaiaumi ot I th.' Brrj"?Kelto Chronicle. " Wlicrevsr the name of Robert Burns is knowu. this book w l i* receivd both with avidity and anxiety, as being probably t"? Inst of his writiutp which will be given to the world and as nnnging Tally to light a passage in the Poet's Life hith erto wrapped iu a mystery, fruitful of painful suspicions. Fife Herald. A mysterious chapter, perhaps the last that remains to be unfolded iu the presrut histo y of our great National Bard ha. Just b-eu opened by a descendant oi one who has been made immortal by her connexion with geuiui.?Kilmorneck Journal "This volume is invested with an accumulation of attractions. we have not been disappointed, high as our anticipations were. The character of Burus is here more fully developed to us than forme ly, and the strange mystery which hung around the intercourse of kJa'inda and Burns, is, we think,satisfacto ri'y cleared up."?Scotsmen. Home ol our most delightful epistolary liter*tore ha* been Creduced by poets?and to Pop I'ainl Conner's letters may now e ail led that of Burus "?Hrtghton Herald. "This is indeed one of the curiosities of literature, and may well he said to supply a new chapter in the Life of Scotland ! immortal t'oet. It beliovei evsrv admirer af the author of The Cotter's Saturday Night, to provide himaelf with atopy Cheltenham Journal. j? lm*m N1TEO hi AT Kb DAUUERKIAN UALLEKV, IT. Broadway, up stairs.?E. W HITE would retpee-tfully ea'l Ike attention r.f citivena and atrangert, visiting the city, to hi' splendid collection of DaguerreotypePortraits,single or iugrotree from two to fourteen pe tons on the same plate, which fo beoirv and accuracy of delineation cannot be tanwsaed Por tniu tnkea in ?U kinds of weather, either with or without eolors. The American Institute at its late exhibition awarded Mr White the hist premium for the best Daguerreotype likenees for grouping and g irral effect, which is bntaaother proof of the superiority ofiiisportraits. Mr. White is to'e ageut in New York for the eery superior imported Herman Cameras . and at no other establishment in thi* city or State can they be obtained. N. B ? Imported 1 rerm.m Cameras; alto, Frvneh and Aneri can litstrumoLU of the ?ery beat quality, with Plate Otsaa Chemicals, Poliihi.ig Material*, fce., fee., always on ha id. foi aale at ihe eery lowest prices. nT Sm'm DAGUERREOTYPE PORTRAITS, OF Che most exquisite tone and finish, possessing all the colon ve of life, by A. F. rHOMPNUN k C'?., No. II Park lloir, opposite the As lor House. Daguerreotype Apparatus, Plates, Cases, Chemicals, kc. for sale. Impactions given in the art. jll ln?*m WHO WOULD Ilk. Wi'l'nUUl 1'S.fcTH, wheu th luilo rruia unprecedented reduction iu dentistry is made by the celebnted Deutiat, W. Thorne, D.D.S., 62 Bast Broadwgr Cleaning Teeth 91 N Bxtrst-ting I# Whipping withhisiustly celebrated Mineral, 7} Sicgle Tooth oa Pivot 71 " "Silver IN , " " Gold IN A eorapltte aet of Teeth, oa the SMet approved priaeiples. s the same price as the above. N R.?Where entire satislhetioalis sot gives, so charge wil Se made ?1 k'??l j IT Im'ee (a- M. -co Sfi EASY, FOHOtT THEY ARB ONe?DAY'S First fr miuin Shot U. Over Shoes, with his new Elastic ?ob?, be, ides b> nit the neatest and most durable overshoe in use. are so peifeetly adapted to the Boot and Pants, that the wttrer is art l<> forgrt he has on an over shoe at all. So nnlitc every uther overshoe aia they, that whoever examines them will cer ai ly given em ri.rference. They will completely do awai with the double or ' water proef Boot," which never keep on the water. _ , _ Warehouse. 2i Maiden lane, near Broadway. Tnoae whu want Day's liver she* should remember No. U. i IFB PRE<EllVEKS AND JACKET*.-The be.t article minafscuert in the United States. Orders for the Sou'h S'.d VVna;, atil North, enecnte' iu the neatest possible style, b\ th i mauutactu er. HORACE H. D AV, 26 Maiden jane. ft ltn*cc GAYLEJT8 UNTOITSALAMANDER SAFES. CJ GWLKfi. I.ircot^r and I'atmte?, 18.6 Sever*! C ontfttida of (iarlcr'a Pit'ot ''ire Pioof Book Hjifrt, o* alt ixci from 400 to 10,004# lb?. each hare bceu ia u?* Hu'in* tt s l?k# foiutivn vmm. and not odp hM ?t MV failed to n-e-rrrei'* content* when eapoied to tire Nrjrljr one huoured have b"68 **rv tf'flv lu thejrrtttnPiof lf>& ?h?>tt forty ere in nae m the di*trirt, anal wer-, aa thecertii.* catei affirm, en mm h eipoied to ihe i trinity of tliat fire an th?y won lit have be-n m vny atore at that tim* de?tr ayed; bnt NoT ONE INSTANCE of failure ha* at n?y time <>tcut mil h r< m long eiperieuee and attention 10 th* elf *cia ptodureit hyfire iii oii 9af a, the pitentee haa been enabled to make *U'li imprnveire la that he can with full confidence recommend hit Hni ?n 9*Mm*nde- Book Safe*, aa beyond all doubt pr o< agM.iat the action of fire, tr*e from danpneaa, and atmm enoncli to anils n any fall or pietaure to which they can beeapoied in the burning of a atote. They are ao ami atrue eil a to combine t wo perfect Iron Stfea. united one with in tne othe , in ao-:h a manner that the inner Safe cannot he affected by any heat to which the outer one may be eipoaed? racliSde ii mule of oar and plat# iron,and the moat perlrei noncondnrt. > u a'ibatnneea and ha? an inner and outer door, each aecnred hy a an table lock An aaaortment of (Jayler'a Binvle and l),iuhle Mala rwitter Jtaf a. Alao hi* Patent Uouble Sale* and Sale* of all diacript i >u? of hia m mufactnre, for aal- at all pricta, frnn SU, by hi arenti in thi* city, rii9. Ely, II Fnlfti atre.1, n ar Gold at reel; A. It. Morn, 221 Petri, oppoa<te I'litt strert; Brett, h Ba-kua, 82 Maiden lane, and by the w Patentee C J. OAYLEH.71 ballon atreet, _ , . near (iold. Ir^n H\f'?, Snecie Cheat*, Iron Doort, Ac. made to order. I!) I m * rre "blSBROW'S HIDING SCHOOL. 106 BOWERY. I70R LADIEH from ? A. M, to J P M daily. V For Gentlemen " J to Sand 7 te 9)4 P. M. daily. LncTur.R Lr.aaoaa Eiracur IliDtiee (Evening Claaa ) j IS Ceaaona $9 00 M Ridm g* Single do 1 06 Mingle do 7j The I'r-aiing and Drawing Room* ar* w- II warmed, and evry attention devoted to the -omfort ol tfcoae wi.o may honor ua wiit 'heir patronage. (laud-men krpping their horse* on livery at thia eatabliahme.rt. will have tlie privilege of riding them in the School. nlS Jm*r FlfEXCVf ARTIFICIAL FLOWERS, Ate! trHK aolMcriher* haveJaat received, r#r lite arrival* from A Havre aud keep const intly on hand, a complete aaaortment Kr*nch Artificial b'lowera Material* of all kini* for Flower* Featlier*. Hair Ornament*. and Millinery a?ti?le*?for talehy I1ENRY k KahN, Importer*, fk In*rrc 71 Liberty ttreet, up atain. E NE N] UNITED STATES SUPREME COURT. Washington, Tuesday, Feb. 13. Blr. Webster's Argument Continued. There is another very important point to which I wish to call the attention of your Honors, anil which raises two questions. The first question has reference to the power of the general law of Pennsylvania. and its equitable jurit> diction. Now the most material point for consideration is, whether under any notions of equity this devise could stand for want of power in the trustee. I do not now speak of the power to take the fee, hut of the power to administer the charity. The power of a Corporation to take a fee while others execute the trust, is another thing. The mere taking of the trust is a shadowy thing, it is aerial, as it were. But the administration of the trust is the substance of the whole matter. Now is there any power in the Corporation of Philadelphia to take, and to xtcuic mm iruaw i ueny II HllOgemer : 1 oere II no law by which that Corporation could, under any circumstances, execute this truit. And the language of the derite ii specific and positive; it it a devise to the Corporation of the City of Philadelphia by its corporate name. And this Corporation, according to the language of the city charter, consists of the Mayor, Aldermen, and inhabitants of the eity oi Pennsylvania. Mr Binnkv ?Of Philadelphia. Mr. WcnsTsa (laughingly )?No matter. I always say from Pennsylvania tor Philadelphia?they are both very pretty uames? about of the same length, and accented the same way. Well, then, the citizens?the inhabitants ol the city of Philadelphia aro the corporation, by their corporate name, and on them by this corporate name did Mr Girard confer this trust. Now there are cases, may it please your honors, where a devise is made to the heads of corporations, such as the Mayor, Recorder, lie., but these are held to be individual trusts, and held by these heads of corporations in their private name, and executed in their private character. But this is not the case with this will of Girard's ; it is a devise to the Mayor, Aldermen, and citizens of Philadelphia by theii corporate name. Now, this will of Mr. Girard's can confer no new powers on (the corporation ; that body cau execute all such powers as tne law gives them, and authorises them to use ; but where in the world are they going'.to get any others from 7 Thar certainly have uone under Heaven, either by the will or by the law of Pennsylvania to enable them to excute this trust. They may as well undertake to work a mine, construct a canal, build a railroad, or perform any othur human operation, as to undertake under tha charter of the city to execute this trust. The power isnt there. It doesn'tjexisL TheCorporation is a creature of the law, and can have no other powers than the law gives to it; and if it requires to execute anything more than it is allowed to do by the law, it must apply to the law to obtain audi powers, before it can exercise them. I refer your honor* to the cane of Dartmouth against Collins, Jth Wheaton; and 9th Watts, p. 046-9, case of Wolfe against Goddard And if anything can be more definite than what we find here, it is the language of the law of Pennsylvania itself. The lunguage is , moat precise and explicit?that theCorporation can hold or exert no powers, but such as are given to it by; the law.? It can "hold no estate or property nut such as it is allowed to hold by the law for its necessary uses, incident to such powers as are given to it by the law, be &c, [Here Mr. Webster read the first parts of the chartor of Philadelphia.] It is a charter merely to establish a oity; and one of the simplest that was ever drawn up I shall now dispose of the 2d branch of this part of the argument, and proceed to consider?was there in all fairness?is there any connection between the execution of this trust, and the purposes proper of the Corporation 'tis the execution of this trust a power necessarily incident! Certainly not. The Corporation can get on very well without it. And in any cvrnt what has the Contoration to do with it! What'intere?t proper, has the city of Philadelphia in this trust 1 None '. None at all, but the mere preference given by the devise to hoys of Philadelphia in the first place over boy* of Punnsylvania.and over hoys ol New York in the next place, and so on to New Orleans, and then to boys of the United States. So it's Just as fair to say that New York has as much interest in this trust as a citv. as Philadelphia has. Now in reference to the case of Wills'Hospital, which has been quoted by my learned friend, there the Court decided that the city could take, hold, and execute, because it was in the language of the Charter necessary for city purposes ; it wns a power necessarily incident to the discharges of tna legitimate functions of the Corporation. It was a bequest for the blind and the lame?those whom the city was bound to provide for in any event. But the city certainly is not bound to provide for such a mode of education or system as is laid down in the will of Mr. Oirard. This education (to use a Philadelphia phrase) wasto be superinduced on the legal education which the rity is hound to provide. It must be a something for which the citizens can he taxed to make a necessarily incident power. And they certainly could not be taxed to carry out ?uch a scheme. And, in a legal point ol view, there was just as much reason for giving the administration of this charity to Heading, or Lancaster, or Pittsburg, on the ground|of their having an interest in it, as for giving it to the city of Philadelphia. There is another point of view in which to regard this. The city legUlators can impose and lay taxes on the citir.ens for City purposes, ana none other : and they asssi any circumstances,, do so for any other. Now, suppose, your honors, that in the course of another 13 years, which has elapsed since the devise was made, that it should be discovered that there had been u mis-application of this fund, or a defalcation in regard to it, can the. city of Philadelphia he taxed to make it up } Are tho inhabitants ol Philadelphia liable to be taxed to make good any loss of this fund I If not. it isonly because the city council in taking this trust, have exceeded their legal powers. It the city council arc hound to go und execute it, then with regard to all losses, deficiencies and defalcations, the people of Philadelphia must foot the bill 7 Reference has been made to the act of eighteen hundred and thirty-three, hut this act 'not only appoints officers to execute those trusts which are for the benefit of the city. Hut this was done not in relation to the special devise of the College, but because, in the Will the devisee looked to the future acts of the legi slature to carry out those other bequests which lie made forithe special benefit of the city itself. Now, sir, the whole grant of power to the corporation is contained in the 3d section of the charter, the power to " hold goods, chatties, &c." As to holding lands it says nothing But the object is to find powers in the charter to enable the corporation to cxecufe such a trust as this. For if the case required it, which it does not, I should argue that the power to hold lands must be for purposes which are prescribed before. But the charter sav* in the 33th sectionno, here it is, the Kith section of the charter which con Tors all the powers of legislation which the corporation possesses. (He read the section) It shall hare power merely to make laws for the good government and welfare of the city. Now is the execution of this trust, a thing necessary for the good government of the city 7 Is it in snj legal sense, " for the welfare of the city!" For unless it has that fair legal construction, the city cannot execute the trust. Now, an attempt has been made to enlarge on the phrase " general welfare,' rnd "general welfare" may have a wide meaning ? Bnt this is to bo understood as being connected witb no general principles of welfare, but It must be lor the wel faro ol eood government of the city. (Here he read tin Preamble again.) Now, the whole of this charter, which is a rei isal of the old charter, is intended merely to give the inhabitants of the city more vigorous and effective I'uwcr* (ii cuaoiDivuu auu every Burrenini^ secuun 01 it refer* to this view. There is no j<ower in it to improve or increase the government. And there is no power in thi? charter?no express power?no general jrowor?broad enough to comprehend the execution of this trust, and no man tor a moment will contend that its execution by the corporation is necessarily incidental for the welfare of the good government of the city. Then, your Honors, what becemes of this trust, if it is riot to be executed by the city government I What would become of it in Kngland f It would fail. And Mr. Oiranl was so speciflc in the mode of defining the execution of this trust?so plain and elementary?that we are compelled to admit this t > hs an essential part of the constitution of the trust. And if the execution of a trust in a particular way, by a particular trustee, does appear to be an es lential part of the intention of the devisee, then, failing the execution of it by that party,the whole trust fails,and goes to the heirs at law and next of kin. I refer your Honors to the case of Morgan against Thackery, in which all the precedents relating to this point are named. Nothing then can Ire more plain, than that it was th? 1 Corporation of the City of Philadelphia that he looked to for the execution of the trust. He looks on the Mayor Vldermen and citizens of Philadelphia as the only persons who could send children to this school. And in a sulrse 'pient clause of the Will, he enjoins on the people of Phiir-d -Iphia to tie careful in all time to come, as to who they send to the City < Jovernment, in order that this peculiai trust might he executed as lie desired Hut suppose tin Corporation of Philadelphia decline to execute this trust rhey might renounce it and it wouldn't be the most won lerful thing in the world to me if they should renounce it. Who i? to take it f Who is then to execute it? Irepeat there is no authority in the City Councils of Phila lolphiato execute it? Ami the execution of this trust hj them was a necessary part of the primary object of Mr Oirard in making the devise; and without which he nevei would have made it. Therefore, I say, that the whole devise fails. I have a few words to say on the consequences resulting from the inilure of this trust, which will occupy me about filtcen minutes; and if your Honors are as fatigued with the atmosphere of this room as I am, which I doubt not, your Honors will give me that fifteen minutes to-morrow morning, I should rie glad. TI.e Court then adjourned. Air. Olnney on tike Oirard Will. Mr. Bioxkv continued his argument from the points al ready reported by its, and said?There never could bo e more sjiecific. definition to a bequest thun this in the Will of Mr.Oirard. To thn orphan' of Philadelphia in the first place?then to the orphans of New Vork?then to the erphnns o( New Orleans, and so on to the orphans of the United States. Mr. Wi nut" here asked Mr. Binney if he thought Mr Oirard meant to limit the bequest to these? MrBixxr.t?They are to he poor white male orphans be. tween the ages ol six and ten years. Now, vour honors I will proceed to answer another part of the objectionraised by thn opposite Counsel, that under the statutes. Philadelphia could not receive. By the statutes aid anil Hth of Henry 8th it is enacted, it is true, that there can he no devise to a corporation except under certain cir cumstances, as argued. But theeo statutes were never in force In Pennsylvania for one hour. Mr. Bixxr.v here referred to "Wei?s It Brockden's" odi tion of the laws in proof of this, and to show thrt all the wills in writing shall be of thn same force as to lands as to other conveyances. He also quoted from thn 44th chapter of the (treat Law :?"All wills In writing being legally proved within forty days of the death of the testa tor shall ba of the same force, Sec. either within or without the province. On the 1st January, 1803, ns appears on page 7 of the appendix of tne same work, the Legislature ol 1'onnsylva nia requested Oov. Fletcher thet he would declare certain i W YC EW YORK, FRIDAY MOB lawn to be in force, relative to charitable bequests being 1 devised by a testator in case he had no wile or children. 1 The tame day, Gov. t'letcher issued hia proclamation, in ( which will be found unlimited power given to the Tea- a tator. In 1700, a law waa passed relating to wills dispen- ( aing with two witneaaea. This will be found in Wejsafc t Brocltdn, 18 am. In 1705, the Legislature of Pennsylvania J passed a law on thia subject, which continued to be the c Law of Pennsylvania in relation to wills, until after Mr. a Uirard's death. 1st a. ct. page IS?"All wills in writing t proved by tw o credible witneaaea are valid as to the power ? to bequeath." tic. This ia the end ol the history of the t laws of Pennsylvania relating to wills, and thia power ( has never b> en circumscribed in any one instance. The i power of the testator to will every thing ; and the power < to will every thing to any body. So much then tor the ] allegation that the city of Philadelphia cannot take by i dense. The effect is the same as by a conveyance at law. But something has been said about a Mortmain noiicv 1 prevailing in the State. Now theie statutaa do not prevail i there, but even if they did, the statute* of Mortmain do i not intercept a grant in its progress to a corporation. I On this head, I read from 7 Sargent & Hawle, p. 3IS ; i 14. Peters, p 133; Shelford, p 8. But there is no evidence of a Mortmain policy prevailing, it is a great I mistake to suppose it exists in the act of 1791. There | is nothing in that act to prevent the corporation of j Philadelphia from holding 100,000 acres or ten hundred thousand acres (Here he read lrom the act). Here we And a proviso limiting the amount, and they rely on this i as the hinge of the objection to the power of the'eorpora- i ticn to take or hold this devise in Mr. Uirard's Will. Now I the proviso says that they can't have more than a A">00 ? income either from laud, or from money lent. But the 1 corporation may hold any quantity of laud that is unim* i proved. They may pay the taxes and charges upon it, i and when it rises in value, they may sell it, and endow as < many churches, Ike., and give to as many as choose to ac- ' cept, the grant, and comply with the terms thereof But i what evidence have we that the statutes of Mortmain ex- i tend to Pennsylvania at all 7 All the other States reject- I ed the statutes of Mortmain. And if they do exist in Pepn- i svlvania, it is in opposition to the declared policy (acts) i of Ureal Britain in relation to the law* governing her colonies. Sir William Grant decided that they did not extend to us. Lord Camden decided that they did not extend to the islaud of Jamaica. And the learned gentleman who is to follow me on the other side (Webster) himself has argued to the same effect in a cause reported in 8 Wheaton, 47B. Ma. WxesTaa.?I suppose I w as then arguing to sustain a bad cause. Mr Bmnxr thought he had too much respect for the dignity of the law to endeavor to pervert its meaning. There was no judicial dictum belore 1808 in regard to tne powers of corporations to take, to hold and execute in cases like this in 1833 there was an act passed to restrict the powers of corporations, but this was of a locally political character to prevent certain New York corporations from digging out coal, fcc. in the State of Pennsylvania. It has been argued, that whenever our legislature passed a law in relation to which an Knglish Statute wus in force?that after the passage of that Taw, the statute was no longer in force. This is an error. All the evidence is to the contrary. For in the compilations cf the laws of Pennsylvania we have parts and sections of statutes incorporated in those laws. (Here be cited the 11th Guorge If), 4th Ann and several others from the Compilation Index.) Thus we get under the atatute 4th Ann, the action of the endorsee against the endorser of a note ; and by the act ol the legislature we get me actum 01 me endorsee against inn drawer, and the payee against the drawer. We contend then that the City of I'hil .dulphla has unlimited power to receire, first under the 1st charter of 1701 and also under the present charter of 1769.?See 'id Smith's laws. By this the city can " have, hold, purchase, take, receive, all lands, hereditaments, goods, chattels," &c. And these the city can "convey, mortgage, devise," kc. "in any wa\ whatever." Here is conferred the general power to take on the part of the corporation?as indeed they are taking and must take, every day for the benefit of the citizens. I have thus then, your honors, disposed of the question of the power of the city to tuke by will or devise, without Mortmain opposition Mr.Bi*NKY.?I come now to the second important point, the power to take in trust possessed by the corporation.? Hore there arises a slight difficulty from the statute of uses. The power to take in use, as defined by them, with their restrictions, mi^ht seem opposed to us. I shall not go into the metaphysics of this by-gone policy of the statute of uses, about which, the less wo hear the better.? This policy, certainly, never wag intended to be operative on our State or the Lnited States. This policy, wriggling about like an eel, through all the quips and quirks of the law, and at last tviny itself into knots, which nothing but the statute of 37th Uunry 8th, could cnt asunder. Hear my Lord Coke on this subject : He says, "As to having confidence in land, better have confidence in a beast?for the beast, though it have no reason, has sense, while land has neither reason nor sense." So the able and explicit note Illy Sir Kdward Sugdeu, page 10, of "Gilbert on Uses. ' It has been said, ' How can a corporation take in trust." And it wa3 contended that it could not take, hecause it had no power to execute. This was the reason ing, till common sense an l equity, and law, dispersed the VAimn that ?urrniin<ln<l i)im cuhis<r.t hv tlic rvtuntrof trivtfo ami (aid mat Cui puixilun* can lake in trust, It any thing is now clearly established hy the law and by the court* ol equity, it is this, that if corporation* have any power at 11, they have power to take in tru?t It Una been argued that the ftatute of Will* ?ay* an estate ahall not be conveyed to a corporation, but inallcate* where the statutr of Will* raise* tho objection, thi* question of trust does not arise. But if the power given of bargain and ml* lie given to a cor|ioration, the powar to take and use in trust is also given to them. It is true that they have in Cugiand sued a corporation for taking money 011 mortgage, in couoeclion with this matter, but I think that doctrine will not be advocated or sustained by learned counsel. We have not yet got to that result of the statute in this enlightened nation. Mr. Wkhstkr.?It was for taking it beyond the amount specially named in their charter, and the (iecisiou was correct and legal. Mr. Biniskv?No one can doubt your honors that the legal estate in question is in the city of l'hiludelphia at this moment And when the legal estate is in the corporation, the question is, for what purpose does she hold it 7 Why, of course, in trust for others , or how will you ever get the property out of her hands in ca*e of insufficiency to execute the trust or in the case of mismanagement, on her / art in its execution. Gentlemen do not seem to perceive be effect to which this doctrine would lead. The statute, like a crual step-father, comes in and says, no matter how much mismanaged, you shall not interfere with the trust. The common law, like a nursing mother, comes in mil says that while the power remains the trust shall he properly executed. Now, tho statute cuts the conveyince down so as to prevent the Corporation from taking the estate. Then for what use does she hold it As a trus tee If the court thinks that the corporation cannot have rhe trust because the has not the arm to execute the trust, hen the Court of Kqnity comes in and compels you to transfer the trust to some one else who ha* the power and who can execute it. We, of course, should look to tha' lor tlic sake ol the trust itaelt. It is our interest. Alio in 'aking it away this it not to nay that we destroy the trust hut we transfer it because you can't execute it But ii your competence he a part of the substiatum oftherett, so hut the trust ( an never l>o executed by rcatonol your in ompetency ,then tlie trust it gone forever That, I take it, vour Honor*,it the legal view. The legal estate perishes a lie same moment with the trust. As to tlieipicstion of you i up icity to execute tho trust, or that as a Corporation you annot execute, that is a totally different mutter. Here I efer your Houors for authority to tho 1st Saunders, p. ltd?the difference of decisions in equity. Also to the l?t Saunders, p. 340; Willis on Truster's, p. 31, Letviu on Trusts, pp. 10, II, 2<1 Thomas's Coke-Littleton, 706; vol. 1 of Cruise's Digest, p 403. It is now settled that the King tan hold in trust. That a Corporation may ho a trustee, not only for its own members hut for third persons. And where this is so, the Court of Chancery can exercise tin tame power over that Corporation as over u private merchant holding in trust 2d Vernon, 411. Lord Keepei Wright (not a very eminent lawyer) decided that Corpo rations can act as trustees for charities; and be set aside a lease that had been made for 20 years, to be renuwed for twice 20 more, making SO years, Because the founder oi lie charity had said that they should not grant any leasv for more than 20 years. 2d Brown's Parliamentary Cases p 370?the Haherdushers' Co. vs. the Attorney General 7th Brown's Parliamentary Cases, p 23.')?the City of Co. ventry, vs. the Attorney General. In this last cave, he city of Coventry abused the trust. The Lord Chancellor than dismissed the corporal ion from the trust )n an appeal, the decision of the Chancellor was aliirrneil iy the Lords, who, at the same time, gave leave to th> ity to apply for a restoration of tho power. The standi" it Klizaheth have heen relerred to as defining the natun >f devises for rharitahle uses, hut they had no foundation Id. Brown's Chancery Cases, p 171, the Attorney General vs the City ol London. This was a case with whirl 'hecelebrated Itohert Boyle was connected It was a bequest of money for the civilization of the In lians in Amerir*. Court of Chancery ordered ittoliein vested in the Manor of Bronintun, and further ordered if to be convoved to the citv of London intrust. Part of tie rent* ami profits of their lauds went to the support ol William anil Miry College. On tliii point, I rriil from the lit Vesey, p. 4M?the King can lie a trustee; 3d Vesey, p. 18? Attorney Ocnrral vi. the Foundling Hospital, a coiporatian i* an individual; 1st Veiey, p. 187?Oreen and Kutherford, no matter who ii trustee, 14th Vesey, p. 3ft.t ?Drummer vi Corporation of Chippenham This last ase was before Lord Khion. The charge was corruption The master of a school wai removed tiy the corporation for not voting on their side ol politics. Lord KIrion deciled tiiat there must be a full investigation, and that if he was corruptly removed the master mint tie restored. Thii ase shorvs the perfect flexibility of the po went of the Court -tf Chancery to control all cases of trust. A corporation oust act through persons and hy persons with whom the Court of Chancery can deal On this point I also from 13th Mass , reports MH ' ase of Whitman Si Leg, the trust of St. Phillips, die. Also 17th Sargent Si Kawle, p. H') Hero one of the devises ws> o buy bread for the poor. This was not one of the duties if the church corporation. But it was a trust exterior to 'he church Again in the.'id Rawle, p 170, case of thi vlayor against F.lliott This was a devise hy a Mr. Wills, 'o the city of Philodelphia of $100,000?all his ievcline. To purchase a plot of ground lor a hospital, to he '-ailed the Wills Hospital,for indigent blind and lame The funds were to lie put out at mortgage; and preference wa* to he given 10 the indigent, blind end lame of the rity ol Philadelphia In this rase as in the ease of Whitman StLnx it was decided that tne city has capacity to receive end nc' ai a Trustee. And this case is o.i all foun with the Oirard Case. The heqnest is an object of general welfare to the city,and that authorises the Corporation to take It in trust for the welfare of the citizens, under the specification o( the city charter itself. There is now remaining only on? other question ; the question of administration. And in thii point it is for the Court to say as to the extent of the powers of the Corporation to administer. The Court will ol course decide both in law and equity that the Corporation has the power to take under hequeit and to hold in trust, even lor third parties mmmammmaammmmmammmmmmmmmm IRK 1 WING, FEBRUARY 16, IS hero read on this point from the Acta of Pennsylvania .egislaturu , that of the 34th March, 1 a.Tt page S3 of City )refinance ; for opauing Delaware Avenue ; in the llth ection, it statua that no road ahull be made through the , iirard K.atate there, except with the consent of the Trus- , eea aud a majority of the Council, iiv the Act of 4th j Itiril, 1843, the Common Council have the power to elect { ifficers to manage the Trust, and execute the same by , igent*. To assist, confine, aud sustain, the trust bequeath d by Mr. Cirard to the city. Do the gentlemeu on the ithei side want, beside express capacity to take he Trust ? If they do, which is needless, there was a use decided by Judge Story, relative to a bequest of lauds n New Hampshire. Judge Story said the mere insertion >1 the name of the Society for the Propagation of the Go*>el in Foreign Harts, was a recognition both of ihe exist nee of the Corporation and its power to take and hold in Trust; and that it would have conferred that power it it had not before possessed the power. He declared that the nere insertion of the name was evidence both of incorpor ition and capacity, 4th Peters 503. Again?The words of :he Charter of Philadelphia, 3d Smith, 483, shows the pow it of the Corporation to take and to hold in Trust In the 16th section is given the powers of legistulare vested in ths Corporation, and the powers of the Corporation itself. [Here Mr. Binney read from the charter.] Here are the ............ ~ ................ I! -i iM'uwni w* a -wtwciRU ucgioiBUHi:, "ilu l?c,c ? "u restraint thereon, but what ii found in the Constitution and the laws of the Commonwealth. Put this hy the side i>f the case w hich I have already quoted, and there is an W>d of all questions as to the iwwer of the city to take in trust. I rend from thecase of the Attorney General against Hnlwood, 1st Vencv, p. .134 This case. 1 consider, is not ( ruperly apprehended, therefore I read it. (Me read it.) I infer also to Doyle on Charitable Uses, for similar authorities and cases in jioint. The first 1 have read w as a cuse where a man devised his estate to a college in Oxford, l'he condition wns|thut a fellow of the collego must possess certain qualifications, and also give certain entertainments to certain persons, and imposing certain restrictions that could not tie complied with In this cuse Lord Kid on iaid that the substratum had failed because of the substratum lining an inherent part of the trust itself; and therelore that tl?t trust was destroyod. Mr. vVr.bstta?That had not the slightest reference to the Act of George the Jd. The substratum had failed because the college could'nt take. Mr Binnky?The substratum was a house and lands given for certain purposes, under certain limitations, without which the deed was to be void. But the last pait was a charity. Mr. Webster?It failed for want of power. Mr. Bixxky?1 have thus discussed, may it please your honors, the two great points of the case ; the power to receive and the power to hold in trust on the part of a corporation. Having done this, I shall now proceed to the question of ' Charitable Uset." And there is no more vulgar error in the profession than that charitable uses don't vast in any body, and are therefore uncertain and unascertainahle.' Mr fliNMEv then went at some length into the question of " Charitable Uses," which is comparatively unini|>ortant,-"because if he can establish tho power to take, to hold, and to execute the trust for others, of course the Will holds good. Mr. Bisiiv was followed by Mr. Webster, who spoku exactly nine hours. Board of Aaalatant Aldermen. Kkb. 16 ?President Brown in the Chair. The reading ofthe minutes of the last meeting were dispensed with. JlppoinUd to Offiei ?Charles S Oakley, City Weigher ; Jonathan Snow, Inspector of Wood in the fourteenth District, in the iilacn of William 1) Hinrhes resitrnml : lames B. Vanderpoel, Weigher anil Inspector ol Hay ; D. D. Crane, Charles Swan, James Welling, Stephen A. Rial, Richard Sterling, John M. llyer, Roberts. Watson, 3 I) Southmcyd, John C. Swai, Keuhen Bunker, Alexander P. Crane, were appointed Weigher* of Merchandize. Petition?Of E. D. Olovor, to be appointed City Weigher. Referred. Abolishinx the Tea Room.?Assistant Alderman Smith presented the following preamble and resolution, which wa* lost by a vote of 5 to li : ? Whereas the taxes of this city have, from variou* came*, become exceedingly onerous and burdensome upon the citizens thereof, and that it becomes the duty of the representatives of said city to use all the measures in their power to introduce every proper measure, not in- \ compatible with the public interest, to reduce the expenditure* in every department of the city government? therefore. Resolved, If the Board of Aldermen concur, that the Keeperofthe City Hall be directed to dispense hereaf<er furnishing any refreshments to the members of the Common Council and the officers of the various departments. Lost. 7He New Police Rill prrsmtcd hy the Special Cotnmillct ?The following ordinance, for the establishment and regulation of the Police ol the City of New York, was taken up by sections. Article 1st. Provides that The clfy shall be divided by the Common Council into i two Pollen Districts, in each ef which shall ho established L ?in r*lml DhUiCIS. luvh Putrvl biUrirli Inronlm-m. m ,;ear as may he, to the present Watch Districts, and the Patrol men of each district to bo divided in proportion to the want* of each district, and to be prcvidml with a stntion house for the accommodation of the l'atrol. and to bo known ai the Head Quaiters of such district. The whole Patrol to be divided into two great companies, and to do duty alternately, day and night, and to he relieved every six hour* in the day time, and every four hours by night, or the term of service on duty may I e lor n lens time, il so directed by a majority of the ( aptains of the Petrol ? Kacli company of the Putrol shall he subdivided into two companies, to be under the immediate direction of two Captains and four Assistants; the whole subject to the order* of the Mayor, Alderman and Special Justices. All persons who may be arrested by the Patrol, or otherwise, o be taken directly to the Police Ottlce nearest the Htn'ion where the arrest takes pluce; and in all cases in which it can be done, tho witnesses required, to attend, and forthwith prefer their complaints. A suitable number of the Day Patrol to be selected for Station and Squat) duty ; those designated fer Station duty to l>e posted at proper and prominent |*>iut* in the I'a'rol Districts, which shall he known as Patrol Stations ; and sign-boards shall Ixi placed in conspicuous places in the districts, designating the Stations. The duties of the Stationary Patrol shall be. to afford information to strangers. and other* ; to transmit to the Station-Houses, or to the Police Offices, ail requisitions for assistance to quell riots, and for other polioses j to give immediate notice to the Polk* of all ollences committed, and to perform all anil every service that may he required of them when applied toby citizens or strangers, who may call upon them or assistance, advice or information, relative to police matter*, or appertaining to good order or the government vf the city. There shall he a Sqnail Patrol to consist ol four men in each district, whose duty it shnll he to patrol heir district in n body, for the more effectual preservation if the public pence ; to re|>ort all delinquents ; disperse ill unlawful and idle assemblages ; to remove, orcanse to lie removed, all obstructions in the public thoroughfares, mil prevent all disorderly and suspicious persons tiom mingling in bodies brought together for lawful purposes, ir in places of public resort. The Putrol, with the extepion of the Station-men, to wear no distinctive dress, hilt o carry a suitable emblem or devico by which they may, when necessary, make themselves known ; the Station men, to wear an appropriate dress, or part of dress, by wnicu wiry nuiy ue Known The business of the two police offices shall be comlncteil iy hih magistrates. six clerks, anil a scrivener shnll he npnointed to each police office ; one magistrate and onecleik o he on duty a* each office at all times day and night; ml the magistrate who may he on duty at night, to make a return of all unfinished business to the sitting magistrate at sunrise in the morning ; the magistrate and clerk who jerform the night duty, shall be relieved from duty for the following day. The magistrate on duty at night to select a suitable number of police officers, from those whose appointments ire hereinafter provided for,to attend the office at night,In order that no patrol-man may he required to leave his dis trict oa any business connerted with the detection it offenders, 4*c , which offices shall he taken in turn, and who shall receive no extra compensation for such services, except such rewards as may >e voluntarily offered by persons requiring their services, vliich reward shnll he paid to the presiding ma gistrate lor tne lime being hihi ny him paid lntotve Oily I'rmaiiry fertile miitiml benefit of all the officer*, to he R| liortiontxl and distributed ofptiilly in quarterly pnvments to the several officers by the Comptroller. There shall be t'orty |iolice officers appointed, who shall receive n fixed alary, in lion of all allownnre* now made by law for ex t a services, and lor attendance upon Courts, to attend the Criminal < ourts in turn, upon a requisition of the pre-iding Judge, through the Clerk, and to serve nil crimirial process issued from the two police offices. Police otfi ors to be under the special direction of the special jus 'ices, Mayor, Recorder, Aldermen, land District At'omey1 indnotto be detailed for any service without the know, lege and consent ofone of the aforesaid Justices. It shall be tli.? duty of the initio: officer* 11 attend the police of flees daily, nnd everv day, to jierform such services appertaining to their otlice as niay be required of them. A*t.9. Which provides for the manner of appointing <aid patrol Hnd police officers, was next taken lip; and afar considerable was referred to a select committee. The great difficulty was, that the present plan ecommended that the nomination of candidate* for said (ffices should be vested iu the Alderman und Assistant of each ward?each ward to have ita proper share. Assistant Alderman Brown strongly op|K>*rd the plan, nnd re commended theadoption of one less objectionable, which threw IIih onus on the appointing committee. He was supported against the present plan by Asst. A Id Hoggs, who thought that sncli was the influence of poli'ical powr in such cases, that the men recommended would not be sncli as were suitable and qualified for such services, hut busy, meddling politicians. Asst. Aid < bnilick opIioskiI the plan offered by the President; and thought tinward Alderman should have the power. Asst Aid. Wind ilso supported the present plan. The new plan to be re cimmended hv'he Special Committee, will lie received on Mondny evening next. The Committee then roso and reported progress. fnrifa/inn ? The Ladies of the Manhattnnville Benevolent Temperance Society invite the members of the Board to honor with their presence their Festival at Mr Huron's Hotel, on Monday evening next. Accepted. Trillion ? P. Canover prayed to tie appointed a Ci:y Weigher. Granted AUmrsnteil.-Ths Board stands adjatimed to next Monday evening, at fix e o'clock. NnitTit fin sxri If ivhr.?The f Irnnrl R ivrr Chronicle, of the 2.")ih uli , ?Notwithstanding the extraordinary rlaim set up hv the people of the Osage Valley to the whole amount of the funds arising from the 'ales of the ftoo.nou acres of land granted to the State by Congress, for the purposes of Internal improvement, Grand River is rightfully entitled to a share of that fund, and will have it, I IERJ 144. Board of Maporvlaora. Iteeorder Taii-Mado* in th? Chair Ken. 16?The Board met lor thepurposeof taking tip the amendments to the present School Law, giving the power of expenditure of moneys,for the erection of public ichool houses, and other expenses for the support ot common schools, to the Board oi Education, instead of the Commissioners and Inspectors, as the law at preseut authorizes. Supervisor Puaov urged a postponement, on Ibe ground that the Board was not full, as several gentlemen were absent. Supervisor Nash thought that the amendments should be submitted to the action ot the Common Council Supervisor Tillou concluded that the preseut law needed the amendments here ottered. Supervisor Nash was inclined to think that if the amendmends passed through both Boards it would receive the sanction of the Legislature. hid uo power lo raise any money, but were the agent# to disburse money. ThU Board was tho proper place for these amendment! to originate. Supervisor Lke said that he was in favor of the amendments, but hu thought the Common Council was the place for action. The uye* and nays were called, on taking up which, was negatived l?y|a vote of 9 to 9 and the amendments will therefore hu introduced in the Board ol' Aldermen lot adoption. 'J'hr Sheriff's hills ?A communication win received from Fx-Bheriff' Hart, stuting that the comptroller hnd re. fused to pay the amount ol tho bill, $3,991, due him, ami which had been passed by this boaid Hu states that the Comptroller refuses on trie ground of the illegality of thr charges made hy the Sheriff for the service of warrants against jurors for non-attendance. Ac. Supei visor Lke suid that he thought the hill ought to lie paid hy the Comptroller without delay, and hu moved that the request of-tho Sheriff be granted. Supervisor Watkhmjn said that he believed that the bill as passed by this Board was $J,?i(H) more than it should huvu been, und'that he presumed tlio Comptroller had ucted with legal advice on this subject. Supervisor Nash said lie had never known the Comptroller to act illegally, but he had known him to put tho common council right wlwn they bad acted illegally. Supervisor Tillou said hu thought the Comptrollei should have an opportunity to explain his objection to tbia Board?this was due to him and ho therefore thought s resolution should paaa to that effect. Supervisor Lit assented to this, and the Board then ad. jaurned. Superior Court. Before Judge Ookley. Fab. 11??1ndrtw Lester, Jahrt Flnhnrs and Outdim Wheetar is Samuel S Pat ker, J amis H llralsh and William II Barter?This is an action to recover damages tor foicible ejectment. The plaintiff's are auction urul commission merchants, and complain that in the course ol their business they opener) a store at No 161 Pearl street which they placed under the care of C S Browning, in whose name and under whose sign the transactions w ere carried en?the real owners being the plaintiff's. Brown ing was indebted to the defendant barker, (the other de fondants being police officers,) who obtained a judgmen' against Browning and had a Kereivcr hi Chancery ap pointed, whose name was William Willard. a clerk u ramer. nil* receiver applied 10 ine ronce .viagistrme Judge Lyman, and a posse oi officers were ordered ti aid liim in serving the legal notice* on the plaint ill and in teizing the property. It appear* that Brown ing, when he was before the Master in Chancery, ha sworn that he was insolvent; and that the property c which he was nominally the owner, actually belonged t the plaintiff*. Vet this did not prevent the appoiutmeii of the receiver. This receiver, with hi* posse, proceede to seize the property, which was worih about $'.2700, an forcibly ejected the plaintiffs, who opposed the right c the receiver and his oilirer* ; but the law prevailed, air in the end, Lester, Holmes & Co. were compelled, in orde to save their property, to go into chancery, nnd after cor siderable time were allowed to bring the suit ujioti tbi deficit of $1000?the claim of I'arker bring about *900 The present action will determine the ownership of tin property, and also who i? entitled to the $1000 The plain tiff* do not seek to recover against the police officer*, win weie merely the agents of the defendant I'arker. The rc reiver Willard is not to lie found The hook-keeper cm ployed by Browning, proved tho case on the pan of th plaintiff*. But from his testimony, it appeared the Browning made out all hi* bills of sale, and kept tho ac counts ol liia business all in his own name?that Leste and Wheeler were accustumod to bid at the sates lu goods which wereknorked down to them,but never remi ved, nor were bills rendered lor such purchases The d< fence were atiout to open, but the other side.having acci pied nearly the entire day, the Court wu* adjourned ti to-moriow. It is alleged that the transaction wo* u fraudi lent one on the purt ol the plaintiff*. Before Chief Justice Jones. Thf Former! I .mm and Trust Company vs Thomas ft IMIIUUI Vt.? wnn ail n uuu wu a iiuid ii i/j ? ?, uf fondant, (luted July, 1H3!) for a loan of $H,f>00 secuied 1); the hypothecation of seventeen hundred ilinreg of th stock ol the North American Trust and Banking (Jump, ny. The defence act up it. that the loon was made u certificate* of the Farmer*' Loan and Trust t'ompan; which notei at the time waa selling in the market at a ?li count. Also that the deht or note was paid by Mr IImiiii ton Murray in the January of 1940, by the deposite $H.500, and that said loan waa for the benefit of Raid Mil ray. 1 he plaintiff called Mr. Delaficld, who proved the de on the part of the defendant, tie stated that the stock the Farmers' Loan and Trust Company was at about per cent discount at the time the loan was made?th Hamilton Murray paid moneys into the company on li own account, but never made a deposits' for the debt M intern Mr. Hamilton Murray wag placed on the stand by tl defence, ami underwent a long examination a* to his i terest in the suit. The testimony not living yet coieplet to develops the entire transaction, the case is adjoined until ten o'clock, to-morrow, (Friday). Circuit Court. Before Judge Kent. c-_.. is j a ri??... ... i. a? r i'..? n..,L;.t Thi? is an action to recover the sum ol $1060 lor carpenti ivork in the erection of a house on Christopher street. I 1841, a man named I'erry died, bequeathing to hit tv daughters all his real estate, to be divided equally. Oi ol these daughters was married to the defendant, and tl other to a man named Herring The two sons in-la made a verbal arrangement to divide the pro|ierty, whit consisted of two houses and lots on Christopher street, hi a house and lot on Hudson street On the former, t plaintiff had his claim fur building one of the houses, ai >1 mason had an additional claim for $760 It w as agre that in the. vuluution of the property these two itei should be taken into consideration, anil to whose ever I the Christopher street property fell, he w hs to pay off i said claims. Two arbitrators were called io, and they v nod the Hudson street property at $6000, and taking in consideration said claims, they valued thn < hii'toph street lots at $6000, Herring giving his note for $900 at a bond for $1300 to equalize the ilitlerence, w hich note ai bond was to assist Van Buskirk in p ying off tl claims of Doretnus and Hyler. When the transl deeds were being signed and passed between t brothers-in-law, Herring said, "now Van Busk irk, yi must pay Doremns," to which he replied, " Yes, th is understood." This was proven by three witnesses \lao, thnt Van Buskirk paid the claim of Hyler, and. the same time, told Hyler to tell Doretnus that he (V B.) would he down in the month of May. and would p him. or if he had not the cash, he would give him his ttr for the $1060 and Interest. Not coming at the appoint time, Doremns went to itockland county to see Van I md there, it w? proven, i.< i.p-.nn promised to pejr i debt ; hut he finally refuaei to pay the debt Ilia defence win that by the itaitlte of fraud he wn? n liable to pay the debt nl another, itiu?much a* thete w no written agreement and no roneideration pu??ed It n twarcd that a man named Byard had an intangible rlai oil the ptnperty. lie had made un agreement with the iecutora io put up the home on the lot?they were to a vance him >7.70 and take a mor<irage on it. he having tl option to purchaee it out for >3600 By hia dlrectioi mother m n named Hyetton employed Doremua and II lc. Ihiremu* agreeing to take nn unenctimhered nioi Z'trr on a farm for hi* portion. So far, the claim w igninit fty er?on or B> ard. A mortgage wa? len', hut being a second mor gage and not nn unencumbered on it um tent hark and refused -the debt remaining agniri the property, w Inch, in the end, inverted to the eai ci tora Byard not jsrtinilng 'he property It appeared thi the arrangement between Byard and the vaeculora, wa? mere verbal one Here it was that the statute of fiaud it terfered, Hyer?on, or Byard. were the penona owing andthe voluntary verbal aMumptinn of their debt by Vn Uuskitk was not a legal binding. The judge held that certainly the Statute of fraud can very near the cane. The rlaim urion Van Bmkirk, if ni .1 legal claim, whs a highly moral one. He recapitulate the several promise* made bj Van Bueklfk to Dorenii as stated in evidence tin- (art in- inn) pari The elm of llyler, w lio hail no morn legal i laim than Dorcmus lit on him Finally, lie charged the jury that if they helie iil that in the partition of the property. Van Ttrikkirk n sinned the debt and on tlint rendition heeame the posse nor of the property, that he w si * responsible for the claii The jury Instantly found a verdict for the plaint iff' fl'210 Ml damage* and tl rent* coats For plaint ill, M (lemrd -for dtlenre, Mr. Anthon. TttK 'hit,* " f'ot.D Spoon" C'anr.? Kvery hotl known that the Kilitor of the Weetern I'n Into Democrat, was sued for a lihel, hy the lelatives of the la Charles (title, for ropy ing the story that Mr Ogle had r traeteil on his death bed, certain infamous rhaiges in h lamous "<?ohl Spoon" speech road" against Mr Van Hi ren The speech itself was a tissue ol falsehood*. and was said Mr Ogle in a fit of rem arse, conh'sed his srui in its compilation The editor waa mulcted in a fine fiJO Gov Porter remitted the flue immediate!), the pre erutlon being evidently one ol political veiiL'i sin e Th ditor Hilda : " In the trial we (as an honorable man would.) admitta the publication -the Court however, In accordarii e w it 'he Uw of lihel, re|eeted nil evidence touching the trot or t ilaity of the article, so thai the n rdict of the Jury hi nothing to do whatever w ith this part of the mutter faet that ought not to he forgotten I" Suicide.? (Thursday morning, Alfred Moodt of South Hadlev Falle, wns ntt?-ing. The fnmi' vent in pursuit of him and succeeded in tracking him the Ice on the Connecticut River, above the dam, w he was a hole in the ice and where it is certain he mil have plunged into the river II :* body has not yet hei found lie hail been low spirited for n considerable tin previous, and is supposed to have been insane when I committed the shocking act. His uge was di ,V?ic II v?n H'raU, Fib. 14. lLD Prtee Two Cento. City Intelligence. Police?Thursday?Wno'a Lo?t a Cloak ?A fellow named Michael ( ook waa arrested or. Wednesday evening lot stealing a vest Irom the atore of John J. Lid we, iCcij t?rand street, and in tiia j<o.??.?ion wan found a Mack cloth cloak, lined with plaid flannel, new and worth *60. The owner can have it by application at the Lower Police. General Sessions. Before Recorder Talimadge, and Aldermen Brigga and W atermaii. Jama? R. Whiumcj, Ka<] . District Attorney. Fib lftth.? Trial of Jumei and Thermal Hudaen ?These young inen, who have kepi a groceiy atore at 108 Roosevelt atreet. were tiled on a charge of leceiving atolen gooda knowing them to lie auch. The protecution. conducted by Wat Shall*, Kaq . proveo t>) t ha ilea Los, one of the firm ol Isaac R Jeaaup v Co., 178 south atreet, that on or about the 26th of November last, their atoie waa entered. and two hail che.taol tea. valued at *60, atolen, which were aftcrwarda found at thegtocary Atoie ol Vim. Howe, 307 Bowery. Mr Howe testified that be purchased the three half che.ta of tea ol the accused on the 10th or I7lh of November laat, and paid them at the rate ut thirty cenla per )>ouud. Thumaa Bearna lettiiled that the siora ol Morrill A Co waa entered between the 0th and 12th of October la?t. and oue hall cheat ol lea, wottb U6 cents per pnundwas ttoleu,which waa allerwoids lounil at the |Otic? olhce, aud. liaced to the possession of the accused Othcer Scully testified to finding the three che.ta oi tea ut the 1 stoie oi Win Howe, 327 bowery. '1 lie dclence, conducted by 1' B. Manchester, culled Wm Madden, the lather of the 1 accused young men, who testified that bis sous Lad bought the: tim e chests oi tea Item a coloied niun, about dusk in the evening, and guve >&or yoior mem. 1 Lis t?>tl. mony cunliimed ibe ofl'cnce, u hich was in doubt at the termination ol (tin evidence ol the piotecuuon, and the jury retui ued an immediate vet diet ol guilty. These young men have lung been engaged in Ibis fcu sines., and the court ate thoreiore in duty hound in protaction to the community, to make such example as vsill deter otheis from lolloping this nefarious traffic, which is the very hot-bed of three lourths of the burglaries and grand laicetiles that occur in our city. Grand Larctny ?The same parties were then tried on a charge of grand*'arc?ny in stealing a halt chest of t oung hyson tea. valued at f>83, lrom the store ot Starling & \\ sitou, 130 Front street, on the ttTth of December last Th# 1 prosecution, conducted by >lr. Whiting, proved that tha 1 tea was found at the store of the accused. 108 Koosevelt street. The delence called Thumas Madden, tne lather, who said he did not know when* the accused obtained the tea, but that they mixed other tea in the (ox, which waa publicly placed tu the store and sold by the pound 1 ha jury, after an absence of about half an hour, returned a verdict of not guilty. 1 he accused weie then committed 1 to prison lor sentence, on the chuige of receiving stolen goods. 1 fault and Bottrry on an Offictr ?Abraham Hart and Bernard O'Connor were tiled tor an assault and battery ' on Chailes Bird, one of the olttcert ol the Upper Police, on > tlio 14lh of January , 1848 '1 lie aStay took place at iha comer of Molt and tiioome streets, at a n aid election, while Bud was taking Alexander Giaham to tie Lj per Police on a u arrant lor assault and hatiety Graham testified thai he was stiurk by Hart and al.o that he saw ' Mart strike Biid several times '1 lie defence conducted by ' Mr. Shaur, proved by Edward Dondican that he was pie' sent during the arhoie affray, hut did nut sea Hart sulk* > any bo-ly. Edward Mills, anotlier witness, was there, 3 but did not see Hart strike any hotly. The jury returned " a verdict ol guilty. Jl Nolle Frotu/ui was entered in the case of Edward ' Graham, for an assault and battery on Mury bte*eus, thw '' complainant not appearing to sustain the cbsigo I Furftiltd Bail ? The following named persons not an| swermg, their recognizances w ere declared forfeited ' James Clark lor gmrid larceny, in stealing $42 60 in no' ney from the coal ofhee ot Hcnty J and Adolpbua Ock'J erhauseti, of 377 Water street? bailed by Owen Claikla II the sum ol $000. r John Cttmmings, alias Wm. Dully,Patrick Keenan, alia* I Peter Kennon. Leonard Mjer.i, Llias Liouier, William H. * Berry, and William H Hi,I. indicted for riot and anault and battery, at angina house 36 Yurie k atreet, bailed by p aeveiMl persons. Jiltrmptia Sltal ?A young man named Peter Van Hou ,J ten, wax tiled onlia charge ot aitrmpting to iteal liom the , buuseof George W. Prescott, No ill oik atrart, on iha Kith of December last Mr*. Taylor, a very pietty Mack ' eyed woman, testified that the accuaed came to the otitiide >l door of the house on the morning named, about A o'clock, and knocked. Site arose Ironi her bed, supposing it was ' Mr. I'rcacott, and od asking who it ???, be saui " I rea" cott" and she let htm He. then passed up stain and enit led the bed room of u young u union iniroed Catherine f" Parmenter, who slept in the gunet He tented her by tho ' waist and said he had been sent up by the woman below ' sta.ra. The noire alarmed Mr. Prtscott, whowasatleep below, and he uirested Van llouteii , on taking him to ti e w atch house the accused entered a porter house in ( hapel street, where the inmates rescued him, and Prescott fear' mg his tiones, run aw ay to hia own premises. '1 he dc' cosed then w ent hack to tha house of Prescott w ith seve) ral ul his ntsootaies and broke upett the door and otherwise assuulted the premises Mr. Siixls a, for deience, called Mr MrMnntis, Owen lip tit an, deputy slmifl and ' Jnines J Burins, deputy sheriff, who testified that they knew the accused, and that lie. had tonne a good character fur many yeura A young man named Innis, staUd II that he was with tha accused on the night in question? (hut they had hern at a hall at Tammany Hall and return '' ed to John Lown's porter house, at about 4 o'clock in the morning Tin; accused ? w quite jntoaicatt (1 and dwlred witness to go with him to No 6 Yoik stieel. n house ol ill feme, adjoining tke one occupied by Preacott Witness 10 refused and he then left the porter house There being no evidence of intent to steal, the jury leturncd a verdict "* of not guilty. Pausing Counterfiit Monty.? Charles Hadclifle, alias John Reed, wan tried on an indictment for forgery In the ie second degree, in parking n ten dollar countelfeit hill on the North Kingston flunk, 111.ode lilund. on thinner M. c Lord, lfi.t Spring atreet, In pujment fur n hluck silk n* tiiiiidkcrchii f from which he rectived the change. Mr. Lord ternifieil to these tacts, hut could not positively recognise the accused. ( ' Gn.vioar. was called to show the arrest of accused, and also to Identify h.m. Jssirs M. Smith, Jr Ksq. for defence, ohjectcd to tho ~ testimony of any stibsiijuent uttering ol cotmierlelt natea !"' hy accused,* as they loimed the suhject ot a second Indictment, nnd iherelore could not 1 e introduced. ,l> The testimony at to the ?< irnisi was withdrawn by tho 11 prosecution at thia j>oint of the case. K G Bi suiit was then called to prnso the tefmhr in " the case He stated that a filO bill ol similar di sriiptinn p'' was passed upon his rleiks at one of his stores, and was proceeding to show the suppusi d cunm xion ol | litomr, when Mr. smith ohjecrpo 10 me TtRtirnony, * inn itnniic^ * *' wiiis ml.seqiient to tliHt Ini w hirls the trrused wst on lial, aii'l ufhred mi authority to sustain this position Mr. Wini ino contended ti at the very decision quoted I"' by Mr. Smith admitted teatimony to nl.ow subnqiirnt the nott s w ere of the nun i: isiue or chm arter. 111 Mr Smith denied that any subat quern art could be in,M rodured as evidence of in1' nt.and aiRim! stiorigly to tut uin this position, leierring to n v ? r n I null 01 it it t. Mk Whitish replied that there uti no derision that in events-it the prosi cut ion from introducing evirlei ce to *' -how thu subsequent uttering ol mmilar noti a ly the time person, tint that the decision* weie Jgainst the uttern" ng ol notes ol dlOelent hanks. '1 ho < oi si decided that the testimony sl.nw in\i the subsequent uttering of similar notes was ptoptr.autl therefore *' admitted it. K 8 BusnrTT was recalled, and testified that n similar "1 note was pa led upon him and also at the bookstore of Mr Van llurcn **'' Thefcourt here adjourned until llo'clock this morning, !' whi n the case will he continued. lit _____ Court Calendar?This Day. ?' Kt pi h ion ( oust.?Nor 62, 17 6, ft )ft. 84 89 69, 19,26, *' #, 46, 70, 7.1 78, v.l 80 St. HI. 83, 64, 66. 87 80 90 'f' t ipci'it Colrt? Not 89, 84, 86, 09, 100 to 106, Inclon dve. x ..I 1,1 Lair from Valparaiso ?The ship Robin Heed, 'apt. Fi?k, arrived at thin port yesterday, h>ivintt ailed Irom V a 11>hrMi o No* 7 She hioeglit the In'elli) ;e/ice ot her own artivd out Severn! hen . v fmuiti ' noons the merchant* l ed taken place at Vnlpataiin, t liich for n time created jrrent exi |t*n ent, t U' w I < |, tl e 1 ti.tnii Hood railed nil wan quiet again ' ?|it Fi k *?i ' rilormetl at Vnlpaialto that ti c brig 0 (' Rajmi.nd fhe'' ote reported with ttolen m?nej on loarn) war uid?r liili.'m rnlora Her torn er ma-tr r (< t| t Deriipor) had ' eft the htitf, with V>0 ' 00 w It It him ! > > parr nnh to* r. What Capt. Denniton hn? f*on< re rem k. ilel'.rt witli 1 he remaining t V0 COO? tor the \e?*el h?<l '< o on In aid ia not known; hot it may rea onatlr he p:??nn ed ttmt 1 he divided it anions hia ?>>i>r ate? in tlii* neteiion* tranaacion. It will ho rljtficn 11 for him to rany >40 000 In hit " vnke and enrape tin ?earching viniinv of modern civil '' i;ation. The time hm pa??ed w hen r whhera could llonruh ' undetected.?Bolton Tranni/it ft'i II. a "I Mlt. EniTOR :? v. it seems to me a liflje singular ihaf Hinoni all m. the names mentioned in your paper m candidates >? lor the Mayoralitytlic two moat prominent men. and n between whom unquestionably a choice will he in rriatle, hitn been overlooked. 1 refer to Robert C. r Cornell and Shepherd Knapp, hup- What voter ir lii* payer is flier*- in the city it Aew Y c.rk u rn. would hesitate votinst for either of the above ramed rnilemen, were an opportunity offered 1 I will nswer for them, none By the why, ran you in' i..rrn nie whether all the wards have Tiominiited i. their deleft lies to the Mayoralty Convention yet, , ind when that convention will meet N\tivk. I- ? ii... ' i, BLACK RALPH, TUT HELMSMAN OF EURI.QATE ' A TAhk. OK THF. HOKND. PROFESSOR J."l! IXGRAHAM [ W'iiik i f0||. esnal o tl.r pop i ar suihrra '' ' n. rel-THK DA 'IM. h KATHt.K. In fn-, ,|e at all Pmailic 1 li-pli. a I c n < S9 i er h 'lot -it. Thu wmfc ii beautifully print' 1, on fin* whi'e'">aparend r<-new if i e, rtifm l', U*A.>I Y Bll.t. MRKNHkH r>? erarr deaenptliia, t" If! |. ' una trade to order Manager, nl tta 1? -nit Pirne, ?> 1 (lint - tarn* Mark of f?nrf Ii'ineiita, if th?T thonld rrqnire e?lnor? haniftntnalr ite<-o> r? n-i|. I,v 1 IHjOPii.fc, ? Mi W?rren corner nf '-V#?i Ur<a<t* f, ?n fit tm*?f , tteroriler milt'o. Timer'o tlir Park Tliea'ee " \TO'l If K? alliera-ia ?r hereby cant 100*4 gyMti mm 11' la iln< the erew of Bi't ah Birone ADA V ( ABK aai'urhta fa- if the,r e utrac in* will ba pant by ibe captain or cotaigcaaa. IM Mac

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