Newspaper of The New York Herald, March 4, 1844, Page 1

Newspaper of The New York Herald dated March 4, 1844 Page 1
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w , ii K TH Vol. X., Ho. 04-Whole No. 3031. WIN TEH AKKANOEMKNT-KOA ALBANY. Via BRIlHlEPOIlT and ag| Houutomo k Wmtud fl^2^^^3pKaiLDaofti>?. tiilfi Mundays^^^^^g Albany by thi?PKoute will take^^p^^Mtl clt-gam .'aamboat NIMROU. C^>t. J. Brook*, which leave* New York from foot Liberty .irrrt.Thur.davlmorniug at halfp?at 6 o'clock, for Brid(*|iort, thence by the Housatomc and Western Rail roe is, without change ?l tu? or baggage crates, j to Albufi arriving uom wiug ? o clock, if an through j For passage or Freight, apply on b?MA or at the offiee, foot of I'lbd-Tty street. O. M. rhlttix, Agent, ftflec 8TAT?h ag&a<)u and alter Tuesday, February 27lh, I be Boata will leave at follow*, until furtt er notice Lear* Statcn Island. Leave New York. At Ml A. M. At a A. M. M " It 2 r. M. 3k( P. M. 5 " 5>i " N. U, On 8nn day the boat will leave at II inatead of 12. (e?rc |{Ma ? FOH NEW ORLEANS? Louiaiana and New IWIVYprh Line?Regular Packet of 10th March ?The fsst flMBfaaailing jacket ahip OA8TON, Capt. O. Eldridge, will tail a* above, her regular d*/. For freight or passage, having handaome furnished acoommodationa, apply on board at Orlrana wharf, foot of Wall at , or to E. K. COLLIN8 It CO..M South street Positively no goods received after Haturday eveoing, the O.h mi. Shippers by thii lia? may rely upon having their goods correctly measured. _ Agrnts j| New Orleans, H tall in k Woodruff, who will promptly forward all good* to their address ,Th* pile tel ship Louise ills, Capt. Hand, will luccsed the Gaston, and sail the 20th March, hei regular day. m4ec PASSAGE FROM ENOLANI>"TH.E<.AND, SCOTLAND AND WALKS. VIA LIVERPOOL. THK subscriber has made uu> i|unlled ami g'm?iiU J?s,ICTV.for bringug out emigiauls this year. '811. Those AmiSIMKm-ending for their friends would do well to apply at the old istablished packet office of JOH N II SCRUM AN. G1 South it. N. B.?Tb? shins ol this line now leave Liverpool sverv five days, and dr-fts can as usual be furnished for an v amount. p.iv' able at all the principal ha1 king institutions tiiroughout (he united kingdom, apply as above. m3 ec tffg- PA-8AOK KBOM DUBLIN, CORK, WATERJtMVFOKP, UF.RRY, COLKRAINK, BELFAST, MHHHsiNewrf, Droghrda, lie ? Persons wishing to send for thsir lriend- can liars thein brought out Irom any of the above ports in first class American Packet Ships, on the most reasonable terms, and without their siperieuciug any unnecessary detention. Mr. W. Tanacott, one of the firm, will be on the spot to give hit personal attention to the passengers engaged by the subscribers or their agents here, and persons may rely that the wishes and comfoiu of thus* whose passage miv be ecgated by them will have all doe and proper ulteutiou. For particulars apply, if by letter, nost-paid, t > W. It J. T. TAPSCOTT, at thair General Passage Office, 43 Peck Slip, cor. Snnth street, whare, also, Drafts may be obtained, for large or small sums, ' payable ou demand, without discount or any other chaise, at the Nati mat or Provinces Banks of Ireland, or any o' their , branches throughout the Kingdom fe22 rc M*- FOR LIVERPOOL?NEW LINK.?Regular |C9^WPackst of 28th Mar?h.?The splendid packet ship JHHmKsROSCIUS, Capt. John Collins, of 1004 tons, will tail as above.her regular day. For freight or passage, having accommodations unequalled for splendor or comfort, apply on ra^rSri-ns^ar/, cQ Trie* of passage, $100. 5d South street. The packet ship Siddoos Capt. K. B. Cobb, of 1000 tona, frill succeed the Roeeius, and sail the kith April, her regular Passengers may rely upon the ahtps of this line sniling puna lnaily ts advertised. 1*7 ggj- rOK LIVERPOOL?The New Line Regular Packet list March?The superior New Vork built JBipfaPacket ship HOTT1NOUEK. Capt Ire Bursley.lOSO tons bonhen, will sail as above, her regular day. For freight or passage, having very superior accommodations, apply to Captain on ^S^'k MINtSr^S?'" 87 South st. 1'he superior packet ship Liverpool. Cspt John Kldridge, 10M tons ourtoen. will sucesed the Holtinguer, and ?ail on her regular day.21st April- mltoOrrc Alfijtr FOR LIVERPOOL?Hernial Packet of the till jPflV M-rch-The splendid packet thin PATRICK HENiMfllfaivY, Captain Delano, burthen 1090 tons, will aail aa above, her regular day. The accommodations for cabin, second cabin and atermgr pasaengers are unauriwssed by any yeastl in port. Peraoua withtug to embark should make early application on board, foot of Maiden Lane, or to J McMURUAT, 105 Pine street, cor of South street Person* wishing to send for their frl-nda can hare th?m brought out by the abore ship or any of ths tegular packets sail LI- k_ .. . if l.rf.r nn.f P. t?.?Drafts et light. Tor lait* or small lumi, an drawn by tin subscriber on tne Prorincial Dank of Ireland, payable at their respective Bra'ches throughout the Country. Alio, on Mnar*. Sooonrr. At'wood It Co., Bankrri, Loudon, payable in every town in Great Britain. fr28 to.M6rc fXsSAGtfKOR GLASGOW-W iff have i.n mediate dispatch, the splendid, feat nailing regular JBHfiMmPacket ahip ADAM C ARK, Capuin Scott, will sell u* a'u'Ya. ... She han excellent accommodation! for cab u, second cabin and steerage paurngnrn. Thorn wishing to tecure berths should m*. ?1, application u. fc TATSCOTT, 43 nek slip. cor. South sr. The AAssn Cur will sail from Glasgow about the In of May ?thone desirous of tending for their fiend', can have than 1 brought out in this fine ship on the most reasonable larms, by applying aa above. f27ee FOR GLASGOW?REGULAR TRADER? kfl^Vto sail March 8 ?The fine, fast sailing British Barque JBBKsADAM CARR, Scott, tnss'er, will sail as above.? Tor freight of the bulk of 200 bales Cotton, or passage, apply on hoard, pier 24, E. 11 or to n 4tc8 WOODHULL ?t MINTURNS. 87 South street, gjHp. FOR SALE.?The sloop THOV1A8 CULVER, WimMFV of Sine Sing, now laying at the foot of Spring street, .WMN&SeNew York. She was built by Thomas Colyer, at Sing Sing, ard is fire years old, and oue of the fastest and best built sloops on the Hudson riyer. Sh is ce.itre-oosrd, and of I ght draught of water, and carries about 120 Pius, and is well adapted for the freighting or lumber husiress. Tor further particulars apply to JOSEPH AGAVE, 237 Brn?dwav. New York. A dministrator of lite estate of Franklin Agate, deceased. mS 1m* re f BOOTS AND SHOES. Jf LADIES AND GENTLEMEN.*1?^? ALL WHt I WEAR the above articles,audwish to sure ratat.%', had better lose no time in enl'ing at the fashionable Bo >t m <1 Shoe Store* of S. H. SECOR, Nos. I60hj and 161 Owe writ street, whose all may suit thmselvee with an artinle t rat .lor style ev make, fashion and finish, canuot be surpane J crjterhaps et|oalled in this city. f S. P. 8. begs to apprise in particular those!? t \nd geutlemeu who consider a well fittiug boot or gaiter mi indispensable nrticle to the toul tnsrmblt of all within the r ttm1 mnndr, that I60){ or lk| Greenwich street, arc the only places n New Fork they can depend on being suiied. N. B.?Lidiesand Misses Gaiters, Shoes, toe... always on hand i* endleis variety. [T^Remember. 100% and 161 Grreuwich street. f 15 Sm*ee "~-1 OsLY LOOK AT THIS ! and see the asIV tonishiuglow prices of BUOTSand SHOEK^I^^^S iM that are selling off at the New and Fashionable o ^ Shoe Store, corner of Greenwich and Mnrrayslreeis, NewYotk genllemen's fine Fmnch and native calfH~>ots double and single aoles, from $3 to $3 50. $t to $4 50 and 15 per pair. Aim a large assortment of gentlemen's, boys' and youths' fice calf aid kip Shoes, of the latest style and best materials, there is ftlsO a large arsonneul of lu w priced Boots and Shoes, prgired and sewed, for geot'emeo. boys and youths, and at prices rhn will come within tlie reach ol al classes. The Ladies of New York and its vicinity will fiod it to their l edvantage to call at this establishment and see lit- moat sp'eudid assort went of guitar Boots, Buskins, Slippers and Ties if ell the different colors and moat fashionable stylet. There is Iany quantity of Oveishoes and waterproof Buskins, gentlemen's strarped, with leather Iwittonis ; ladies'do; Moccasins end India Rubbers, furred nlaiu and figured; misses and children's, of all kicds, in nhurdu-ce and cheap. Don't mistake the uumhe- 253 Greenwich vtrret, correr of Murrayst WRIGHT, CALHOUN fkCO. f-22 Im'sc J" ECONOMY IN BOOTS "AND SHOES. ~ZjVSa Economy beiug the order of the day, the snh scribii invites the attention of the public to Ilia large assortment of Boots from $2 upwards, lie will sell it the price of S3 50 a goon pair of sewe I Boots, made in the lateslatyle, and of good calfskin, warranted to wear well, id his own make. No Yankee about tlicm, as a single trial will convince the purchaser. I He also makes Boots of all descriptions to order, on the shortest notice?a good fit being guaranteed in all eases, or nil ssIp which h*? is ?iuhldri fn ilti hi* tatiinr ilnwiitu nI the* in?t I mil flllii'K up and keeping rtprawlv a pair of fasts for each customer. Constantly on hand? Cork aria Boots, from $? an to 7 OC Double tola Boru, 4 00 10 S on Dress Booty, J 00 to 0 no Half Boou. ti to :i JO Dm Shorn. I J" to 2 Jfl Orcrahora. 7i to J 10 Slippers. Se lie-ateqnally low price*. JOHN L. W ATKINS, 114 Fulton street, fr lm*rc between Nayaan and Dutch streets. SAVK YOUR SHILLINGS. Ay /llihatareiu want olyood (sailers, Sh'-et. Buskins,art repuested to call ?lWAI.? Kit's n corner of Broadway and Canal street Ladies'Uaiters, U Mnaaa and Children's (}airer?,of all colora,aorta and at tea. of the latest French faahinn?the cheapest >et offered. AUo the yreateit easorlmrat of Oerli fine French Calf Drcaa Booti, stitched, at OS. Thoie who purchsso at tils old rata hlithment are sure to call again, the beat esideuce of the general aatialaction hit Booty and Bhoes Kara |iren to the public. h^ltaraembCT?WALKl! K'8 Cheap Boot and Shoe Store 41# Broadway, corner Canal ttreet f *4 lm*ec THIOENTLEMKN'S CONK BOLE BOOTS, the best ni J Bo-Wis- Prcd Booty do 4 #0 Do Light Franch Caifakin Booty do- I) to 4 AO Do India KnbnerOrrrahaca. with laater aoley I M Do Plain Rubbery - W Do DaeAng Pumps I 00 Do Dancing (laiters--- I M Do Worked Hlaimrrs 10# And'?'! othur hinds or Boota and Shoes iu fy?hion; Ladies (Filter Boots, Burkina, (dippers, Tiea, Quillnd Bhoea, rninelli ^hoea, white and black Satin Blipprra, Button Bhoet, liidn Rubber Stiup-furred plain, and all other kinda of Oyer Shoes Clogs, Moccasins, and the greatest aatortment of Boy'y Boot and ohoest Misses and Children'!, of ell kinda to be found 11 ihe world, all of our own manuficture, and the beat of Knurl goods, and warranted to be the bent, and aa cheap as the cheap eyt. at 167 Broadway, comer of Franklin street. ,ae lm'rc (eRhOORY It CAHILL. M7 BroadwayJrtfi CATHERINE STREET?That's the place yo, *evd can saremoney Ladies who with to beeconomi cel. etn And tt Uieabove place Oaiter Boota, Shoes, Busk ins and Blippers, of canons colors, of alrgut shapes ? 1 most beunnful kinds, it the lowest prices seer offered in ihi eiiT, as follows L-idies Gaiter Bonis. Its 10 I2? Do No do- 10 Is JJo " Buskins, to la Do " Slipi*rs, p, s, Strong Lusther Boots and Bhoes, la to 7? Misses'snd Children's in proportion. Also, all torts of la dies', misses' and children's India Hnbbtr Shoes and Oye Hhnes von can think of,chee|-er than the cheapest; men'a, boyi and youth's Bouts and Shoet, ertraordinary cheap. Now,ther. I say. corir and look?you will surely try, and be satisfied iha none ire better aud none so cheap at at PI im?m E. DOWNS', M Catherine ttreet. PR^NCH^i^r^eTr at ey No. 0 Tontine Building. I I E NE NE STEAM POWER TO LET. JtaA ROOMS TO LET wild STEAM POWER-Posrrm sessicn to beeiveu l.t May, Apply in the "Hoe" P. T. | aud Saw Manufactory. 1 u lmrc 20 and 31 (Jold itrwi. ^ O LtT?A hoipeiitiMtfd ni lilo -iniugdalu, about TjTjM six in lbs from tip; city. It it tlrlitchtfuII>* situated ou Aiiauw* bank ot the Hudson, aud is remarkably healthy. Th? home contains ? v?n room*, with pleasure garden, tkc. attached. Re?t |3'0 jier uuuuin. Ari'ly at the Aliliy Hotel, Uloemingdale. mr2 1 m * rc tl'OR SALE?A neat and very convenient Cottage oa the Mill Road, North Shore, Statrn lalaud, within fitteeu minutea wnllt of either the Caalletnu or Port RichIteanaboat lauding. Attached to the Cottage ia half vi acre ef excellent land, with a variety of yonug and thrifty I'tuit trrea. Kmiuire on the pretniaea of fll lm*in JEREMIAH SMITH MTO LET OR LEASE?A dtairable reaideuceiuthe couatiy .suitable for a gent'eutan doing buaineaa iu the city .of New York. The houae ia iu the Eugligli cottage at vie, modem built and iu good repair; together with ten acrea ofland, including a garden, and a good bible and coach houae. It ia aituated at Morriaania rear the Ilailein River, in West cheater County, within ten iniuutes walk of the Harlem Railroad. For term* and further particular!, iuou-re of H. M. MORRIS. ESQ. f292w,rc No. II Pine atreet, aecoml atory. MTO LET?Tlie three atory Brick Hoaae.witn attic,No 8 Park Row. corner of Auu atreet The pleasant siuatien ol this building, fronting the Aator Houae, havng a view ou the Park and on the North River through Veeeyat, makea it a desirable location for a competent lwrsoo to keep bonders, nnd who wisheeto avail lumaell of iu proximity to tlie business part of the city. Apply at IJELLUC & DUPUY'8. f 27 lw*m 2 Pa'k Row and 681 Broadwayjaml TO LET, CHEAP?A Country Sent, consisting ol TTTJB about thirteen acres of land, with a large and convenient JiJHLtwo atory llouie, Stable, Carriage Ilnnae, Ice House, luiru, a larifr vimi ru, wiiii auuiiuuiuv i/i mm, ikuuwu uu u?r banks of the Hatlion River, opposite the Dutco Reformed Church?distance from the City Hall four au<i a half mile*. For fu'thcr particulars, enquire on the premises. N. COBB N. B.?The Bloomingdale ami Knickerbocker H tapes pas* Uie gate every half hour. fB 1m rrc MKOR M\LK OK LEASE*-On reasonabla terms, sneral Houaes and Lou m Yorkvtlle Apply to GEORGE NOWLAN, Prospect Hall. Alio, To Let or Leaei?A valuable Public Heiue. onthia leland, within a short ride of lie-rity, with Bar and Ftxtuiei complete. To a latrson capable ol conducting a large and fashionable place of public resort.this presents meat advantages, the hoose being capable of accommodating twenty-live or thirty boarders, without interfenug with the transient visitoia Apply as above. flitf rc AbB ~ T6 ITeT?Thr HAMILTON HOUSE, situated at ff?|W the Narrows, near Fort Hamilton. This well kuown ,JieULHotel and grounds will be very tnuch improved since last season, and a large Stable and sl.ed added to theuut buildings. The property in front, on the shore, has also been purchased?the buildings 'and grounds will be repaired and improved, and a dock erected directly in front?the whole of which will bo let with the Hotel. For particulars inquim of the subscriber, on the premuee, ' H GKOKOE 8. OELSTON. Fort Hamilton, February lath, 18ii. 127 2w*rc Jmjl TO LE r?The THAL1AN HALL, No. MO Grand ffj? street, at the intersection of Fast Broadway, is to let or XsULleaee It was originally fitted up for a ball room, and has every convenience for such a purp >?e, but haa been occupied for the lust three years as a church, and ta now fitted up with aeau for that purpose. The Temperance Societies have alio met there one* a week. It is located in the I hirteeuth ward; and thera ii no other so convenient place for political meetings, or any room 10 large, in the eastern section of the city. The third story would make most ercellent accommodations for a Lodge of any kind. It will be rented low to a good tenant, who could make, it is believed, a living out of it by rerenliug it Enquire in the atote below the Hall, of f 16 lm#tc T 8c. J. W. TOLLIN8. MCOUNTHY BEAT AND FARM TO LEASE ? A rare opportunity is now offered to any gentleman wishing to rriire from the cilv. The Fe'm contains abont 150 acres of laud, situated on I'hroggs' Neck, Westcheiter, and lies diree'ly on the Hound, having a mtle ana a hall'of ihoie and orally the whole und"r a good slate of cultivation. A large double, house and laige barn ate on the premise!. For lish'tig and sporting the pace cannot b* surpassed. Fourteen miles from New York, and four from the Kailmal Depot, at Williams' Bridge, the communication is so easy that a man tar do basinets in tne city and reside with his family it the Neck, as sr veral gentlemen in the vicinity ?! ?. Apnly to THOS. T. FERRIS, 28 La Fayette Place, or THOS. HARniBON, 91 Madison st. m3?w?ec AMI TO LET?The fouratory granite front Brick Stored 7??<W New street, near Wall street JSaUL The three story brick House 38 Hudson street, Jersey City, (routing the river. and near the ferry. Three story brick House 31 Walker street, between Broadway and Church street, in ercellent order. Tha two story brick front House 213 Church street, on# door above Walker street. Three story brick Store 207 Cherry street, comer of Pike St., occupied as a feed store, by Messrs. Geo. Valentine It Co. Two story brick House No. ? Rivington street. Two story brick House 301 Bowery, occupied by Dr. Win. Bailey. Rents moderate. Apply to JOHN V. DELAPLAINE, S New street, near Wall street. LOTS ON BROADWAY FOR BALE-Five lou on the west side of Broadway, three between 17th and 10th streets,and two between 18th and 19th streets, including both corners of 18th street. This property is near Union square, on elevated ground, and opposite tne proposed site of the Washington Mo naoittit. The frout on Broadway is about l?> feet. The whole purchase money may remain on mortgage for a number of yean, if the property ie immediately unproved. Apply aa above. f7 lm*rrc NIBLO'S CONSERVATORY AND SEED ESTABLISHMENT. ARRIVALS OF FRESH SEEDS. jam THK SUBSCRIBER, in acknowledging I he libera' JftsU patronage received by him thia teuton, for which he ia ?dam.ever grateful, now beg to inform hit patrona and the publie that the extensive airniurnii nta lor the spring bntineea (which were mide by himself when in Europe last winter, with great care, unremitted attention, and wi'hout any regard to exl>enre, hare jutt been completed by the recent arrivals 01 the several packet ship* from London and Havre. The stock will bef <und to contain superb varieties of new annual, biennial and nereunial Flower Seeds, many of which are very rare, and will be fouud well worthy the attention of all lovers of Flora. Vegetable and Field Seeds have also been imported, of those kinds Ahly which are d-sirable to be obtained at a foreign mar ket; other sorts, for which the American productions are more relebraled.hsve been grown by men of experience and integrity for thii estahlighmetit imfy?all of which can be strictly relied upon ss being genuine, and, in fact, are warranted The Proprietor would alao beg to call public attention to the fact that in order all the Seeds from this establishment shonlii henr a genuine character, h? caused all the old seeds (procured by his late banner, Mr. Dnnlap) to be sold at public auction, without any Veserre, by Mr W. H. Franklin, at Ilia rooms in Broad -tirei, on the 27th Dec last, and hi can with confidence asaert there is not a worthless seed in the whole stock now ou hand < - Double Dahlias?An extensive collection of these beautiful flowering Rhota have also bren imimrted Irom the most eminent growers, and are bulbs of the must choice Prise Flowers exhibited in England daring the last two years. They are now unaer propagation, and goutl established plants warranted true to name will be ready f.r sale in due seisou. Catalogues, containing a fnll description of each variety, together with instructions for their Culture, will be published at an early period. A large collection of line healthy plants r'tt Flower,an iu the Conservatories, which will be found desirable ornaments for the Parlor, Sic. / Bnnqo-ts, Baskets, and Vasvu of Flowers. can be procured fin the shoiteat nonce, put un iua neat but elegant style. . Fruit aud Ornamental Trees, Shrubs, hardy Hoses, Ste. in 1 great varietv. Bulbous Flowering Roots, viz : Gladiolus, Mexican Tiger Flower, Tiger Lily, Jacobean Lily, Tuberose, Ac. Sic., lor planting early in Spring Flower Brands, Fancy Terra Gotta Flower Vases ami Pols, AT new and luiidsome designs. Gn'd Fi Is, Fish Globes, So <A larga assortment of Gardening Tools, lloni ilmral and Agricultural Books, Sic on hand. sfl'he above are no* i.ffered for sale at LOV Kl' ES, having been purchased! >r c rah, nnadvantageons ten, 1'he Thirn AnnuslCatalnguc is now in coor?eof publication nod will be ready for de'ltery (gratis) early in the eusuin* we k. Ord*rs attended to with promptness, and thankful I v receited WILLIAM NIBLO, Sole Proprietor. MS Broadway. No conne- non with any other asiahliahnrieiit. f20 Imrc BICEPS OF EVERY KIND JUST RECEIVEL BV THK PACKETS QUEBEC AND HF.NDRICK HUDSON. DUNLAP Ac CARMAN tpum TAKE this opportunity of retnriiing their thanks ti gM| their friends and lire public, for the liberal pgUUMHS b? din slowed upon them since opening tlieir new Seed Stow and Conservatory. They lia\e mat received an adilitioual slip - ply of all th> best known varieti s of Annual, Biennial, ami i Perennial Flower Heeds, Veg-table heeds of all kiuos Ursas i eeds of the. heal kind*. H-riilg Wheat, Potato Oats, Ash Leaved and other early; Potato's, all in prion order. Exotics of fev-ry description, suitable for parbu or green house culture; Bou<|iierx, aompoted of the most choice aud delicatertowers, for *ndal or other festive Parties Biidaand Bird Cages, Gold Fish and Globes, fancy Flown Vases aud Stands, of various patterns, with other fancy articles all of which will bs sold on the Inwe.t terms. They lieg leavs to inform their friends and [lie public, that they have not an oh -erd of any kind in the store, aasl have spired neither pains not expense to procure the best seeds of the last seas ,n's growth from Ihe must respectable houses ia this country and Europe ail of which will 6e warranted. Catalogues will be ready Io distriba'ion early the ensiling week. All ihuse iuwantwil please call and examine for themselves before purchising else where. English Split Fen*. Oatmeal and Kmbdrn Oroats for grurl fruit and ornamental Trees nf all kind* drape rian ard flow ring ihrobi, herbaceous plants. Ac. Ac , always on hand a tlm new t onservatory .iui Seed Store, fi.'j Broadway, >e* ' York. Several practical t tardeners wanting situation*. apply ai above. IS; Im'm i muk| KOR SALE?The piece of land, souaistiug of ahom JpCM 5 acres, aitnate in ths village of Korl Lee, on the We? +JLm. bank of tha Hudson River, and known u " The Or i chard." On the premises ari' three Cottages. all in goon o der The land ii an Orchard of Apple and Cherry Trees, of eicellent qnality ; ia in good fence, and eicrllent condition. A Docl and waterfront are connected with it. Alan?a piece of land in he aarae village, and West of an< opposite to the Orchard, emulating ol about T acres, knowt aa the " Moore property." On this place sre two dwelling honsns, and a large pinion of it is in good esltivation. Also?the prniwrtv in the tame village fronting on the river , known at Long Dock, consisting of upwards of >1 acres. Ot the premises is a substantial Dock, and a small dwelling bono 1 and barn. This property has undergone espensire improve 1 menu, in fences, roads, stone walls, Sic., and includes a valna hie water front r7 R. TILLOU, 1 fl Im'rc 1* Wall it ' spurn A VALUABLE KAR~M KORlijALK-The K nn Jyrqlformerly o>vned and occupied by Jonathan Ward. Esq. ssjbknfnatec ia the upper part of the town of E-iat I licstet Westchester t.ountv 20 miles from tli city of New Yoik. pi j the Post Koad, and a 'iuartrr of a mile from the Harlem R i I road. The aliove Karm contains ahont two hnudred acrca of Land j which is iiinler a high state of cultivation, well watered am J leased, with a doable two-story dwe ling and h intmbcr of ont I.milling! attached The ahove dwelling and tea acres of land is nosv occupied ai the Mroni Tavern anil I'osl Office pknnwii as Martsle flail ) If the ahove farm and dwelling is not sold before the ?ith e March, the part now occsnied ?? a fatern will he let for tli astne purpose. loqnire nf K A1N A MOlKiAN, unar the pre misos.or J. L. MOKdAN, 47 Knltim at. . N B.?This larm is well adapted for a milk dairy. ,i fe>4 I mood m . JMd| KOR SALE?Ou Staten Island, within one mile of th 1 iKMQnarentine, a small Karm of fifteen acres; about one ha i ons>.i? covered with young wood, the balance is suitable I'c Eanlen purposes. There is a modern two story home with itclien adjoining, and a never failing well by the door. A|s> a barn and a Urge variety of fruit trees. Kor further particnlai enquire of THOMAS 8 CARY, fil Im'm Uusuntme Statmtjlsland. w rc iW YORK, MONDAY MOi STATEMENT (1 OF JOHN X.ORZZDKZSB, ORAH ART, 5 lu Reply to the Letter of David Leavitt, Esq., ? Receiver of the North American Trust and i? Banking Company. ? To (lie Public. to lu letter of David Leavitt, K?q. receiver of the North |t American Truat and liauking Company, recently pub- G liahod,reference ia made to transaction* with w hich 1 have ^ been connected; and in consequence of the miarepreacn- ?j tations and falae coloring which have been put upon Mr. gi Leavitt'e statements, 1 deem it due to myaelf and public D opinion to prevent the facta a* they actually existed. My p remark* will be confined to the point* which relate to my \ own ticia aim conuuci in ine mauers referred to, and 1 11 shall statu nothing which cannot be sustained by incon- JJ testihle proof* in my possession, and which are open to tl the examination of all who fuel an interest in these con. n corns, and who desire to adopt truth as the basis for their {.' decision when the character of u fellow citizen is unjust- tl ly assailed. As the integrity of the original organization '' of this company has been questioned, 1 shall briefly narrate my connection with its formation. H After the passage of tho general banking law in this n State iu tiie winter of IS3H, tint friends of that system li made great exertions to rear associations under it. 1 felt u an interest iu these ellorts, and had various consultations with several prominent individuals in this city, with a e view to the creation ol a large institution under the law. " The project, however, was abandoned by us, and for some ? time it was generally supposed that no bank, could be or- c ganizud under the law. Without my know ledge or pa- " ticipaiion, other parties hud decided upon an organization, !' ami I received u written invitation, signed by a committee y of highly respectable gentlemen, inviting me to attend a 11 meeting on the 13th ot Jane, lS3b, at a banking room m M Wall street, for the purpose of consultation upon the sub- * ject. 1 At that meeting I inet.Uoold lloyt, Thomas W. OU'ott, ' Myndert Van Bchaick, John R. Peters, Silas M. Stiiwell, ? Nathaniel Wood, Valentine U. Hall, Charles Hoyt, Tho- v mas L. Servo-is, Thomas C. Davis, Samuel Wilkeson, Jas. 8 B. Murray, AtpiiUa G. Stout, and George D. Strong. 1 The meeting decided ii|K>i< organizing an institution J under the general banking law, and resolutions were ' adopted and committees appointed to ettect that object. " Thu meeting tendered to Thomas W. Olcott, Ksq., of Al- ' bauy, thou present, the oliice oi president of the association, who took time to reflect upon the proposal. At an v adjourned meeting of the associates, held at the same place on the J3d of June, 1838, at which Anson G. Phelps a was chairman, und Henry II. Klliott, secretary, a commit- * tee appointed to wait upon Mr. Olcott, at Albany, relative 4 to his acting as president, reported tho terms upon which he consented to act, which were accepted on condition * that Mr. Olcott should visit the city immediately, to as- * sist in organizing the association. Mr. Olcott being una- H ble to make arrangements for his immediate removal to ? the city, subsequently declined the oflice. At this stage ' of the proceedings 1 was solicited to othciate as counsel of 4 the association, which 1 declined. Subsequently, how- j ever, and with a view principally to aid the business ot ' my younger partners, Messrs. Wood and I'ewers, I con- 4 sented to act in case Myndert Van Schaick, Ksq., should 1 be appointed president or vice president ol the company. On the l'Jth of July, 1833, at a meeting of the association, ' the following directors were named to be inserted in the articles oi association:? 1 Myndert Van Schaick, Joseph D. Beers, Daniel K. Tylee, Thomas E. Davis, Peter Stuyvusant, Stephen Whit- ' ney, Anson G. Phelps, George D. Strong, Thomas I,. Scr- 1 voss, Thomas Tileston, John I,. Graham, John It. Peters, 1 Charles Hoy t, Aqulla tl. Stout, William P. Hallctt, James ' B. Murray, Valen'inu G. Hall, William Stebhins, llunry ' H. Leeds, Henry Yates, Richard Suydain, Henry H. Kl- 1 liott, Thomas G. Talmage, Cortland Palmer, Gilbert Al- 1 len, Obadiah Holmes, Stephen Wurren, Troy, N. V.; S. D. Walker, Baltimore, Md ; William K. Strong, Ontario co, N Y.} John C. Devereux, Oneida co , N.Y.; Charles K. Dudley, Albany, N.Y.; Thomas W. Olcott, do. do ; H. E. Pierpont, Brooklyn, N.Y.; David E. Evans, Batavia, NT V . ?l..l,lnn Tl..eVI? V I . I ..... U-. .... . , .iuciuu,n1.v.u|<iuii,>.iui>iii,n.>.| ^..uir..7rj..iuMi, Monroe co., N. V'.; Jonathan Trotter, King'* co., N.Y.; James Krtvin, Now Orleans, La.; William M. Oliver, Yate* cn., N. Y.; Washington llunt, Niagara co., N.Y. A committee, consisting of Messrs. Beers, Van Schaick, Ty lee, ['helps, and myself, was appointed to notify the directors of their election, which was done by a circular addressed to each, informing them respectively of their appointment, and requiring them to become shareholders, within sixty days, to the amount of $.'>00?l each, in order to be qualified as director*. All those named as directors accepted the appointment and qualified themselves, excepting Stephen Whitney, Thomas Tileston, Stepbgp Warren, John C. Devereux, Jamas Seymour, Charles K. Dudley, Richard Suydatn, and Thomas W. Olcott, who declined acting, or did not qualify themselves to act by becoming stockholders, Messrs. Dudley and Olcott being unable to act, owing to their being directors in auotfcsr bank, and declining tor that reason. Subsequently the following gentlemen wore nppointed directors, to till the?o and other vacancies, as they occurred from time to time Hubert Dyson, Elisha Peck, Vyse, Otto W. Pollitx, David Ogden, Benjamin Curtis, Melvil Wilson, Joseph Towler, Charles M. Connolly, Bowen Whitney, Ontario county, New York ; Samuel Wilkeson, Krie county, do ; Charles 11. Carroll, Livingston county, New \ ork. On the 19th July, 1839, the directors (twenty-two being present} met at their hanking otticu, Henry Yates. Esq. in the chair, and apjxiinteit as oliictT*?Joseph I). Beers, president; Myndert Van Schaick, vice president; John l.oriiner U rah am, attoruey and counsel; Walter Mead, cashier; Daniel E. Tylce, second cashier; William P. Powers, notary. At the same time the directors appointed stunding committees and enacted by-laws, which were published and circulated. Thus organised, the company proceeded to receive subscriptions lor its stock. The committee having charge of that matter received and passed upon "tin applications for stock, amounting to ten millions of dollars and upward. The whole amount of stock subscribed for aud issued, as appears by the official returns of the company to the Comptroller of the State, on or before the first Monday of January, 1840, was tf.3,'JHi,9t*), so that ap plications for nearly seven millions of dollars were declined. Of the amount distributed, the directors themselves filled up, in their own right, about 13.000 shares, equal to ft ,800,000. Injustice to the committee who performed the responsible and arduous duty of deciding upon the securities offered for stock, 1 copy the followiug letter ol resignation oi Myndert Van Schaick, Esq., as vice-presi. dent and a member of that committee, (published in the newspapers at that time,) a gentleman whose character is above all reproach, during whose administration a large amount of the subscriptions for stock had been allowed. Nkw York, Sept. 5, IH3B. J D Btrss, Ksq , President of the Noith t American Trust and Banking Company. S Dear Sir *Hy the advice of friends, I write you this letter, to inform you that the confinement to labor in the ottice has impaired my lieulth, and that I desire to rosigu rny otiice, You will please to cousidtir this letter us such resignation. I deem it a duty which 1 owe to the institution to nay, that in the department which I have had partlculuilv in churge, the committee of investments utij V... ll,,. lulf inn ..f I k,i I, I great skill anil success. 1 believe that upon the soundness hn>I sufficiency of those securities the most implicit continence may tin placed I have admired the instances in which the member* ol , tlie committee liave uniformly iccedvl to the vuiy lowest estimation of their own property, and have heartily concurred in all views tending to induce thy greatest caution and to obtain the most ampin security for the company. With respect, 1 have the honor to tie yours, (Signed) M. VAN St HAJCK. In confirmation of the judgment of Mr. Van Scliaick in r reflect to the value of the mortgage is proper to state, that aliout two years after they were passed upon by the committee, at a time of great depression in real 1 estate, the parties abroad interested in the trurts, to which ! 1 shall hereafter relcr, caused' a valuation to lie made of I she real estate in the cities of New York and Brooklyn, r covered by the mortgages embraced in those trusts. . fames N. Wells, Joseph Tucker, and John li. I'eters, Ksqrs., of this city, were selected as appraiser*; the two [ first named gentlemen were disinterested parties, the last was a director in the company; the high character and peculiar fitness of thain gentlemen for such a duty are . well known. They were assiduously engaged for sonic time in making their estimates, und Messrs. Wells and ' fucker severally valued each parrel of property without ' knowing the amount for which it was mortgaged to the a company. Tho following is the result ol their labors: "We, the undersigned, have, by request of the North J \merican Trust and Banking ( omiiany, of the city oi [ New York, and Messrs. Wilson, of London, England, . made a |?rsonal examination ot tha respective parcels ol . property specified in the. foregoing schedule, numbered Irom I to fMl, both inclusive, and situated in various sec' lions of said city ol New York ; wo have also consulted I several gentlemen, in whoso judgment of the value of , property we place confidence. We do therefore unite in I certifying our opinions to be, that the value of said property is as shown hy the several prices or sums which we have caused to lie written opposite to each parcel rerper| lively , and this is our valuation ol the samo, lot safe and permanent investments. "The aggregate amount of our Mnpraisal oftho said property is one million three hundred and uinety-flvn thousand two hundred and fifty dollars. JOSEPH TUCKKH, J AM KB N WKI.I.H, [Signed| .ItHI.N K. PETERS. i New \ ork, November 3Hth, isto. The property thus appraised, as a safu und permanent investment, at 51,894,'JftO, has boon mortgaged to the comJ pany for 51,014.700, showing an excess ol value in the opinion of the appraisers at the date of their certificate of 5809,440. I I have been thus particular in giving names and events, f in order to repel the unfounded imputations made against j, the integrity and good faith of the orgeni/.ation of this >. company. All the facts I have stated and a more full detail, under oath, can be found on the flics of the f'ourt ol Chancery. Those records exhibits a systematic, regulai , and honest organization of this company, and those who ie question it will be convinced of their error upon icferrII ing to them. ,r Upon reference to the books of the company, It will bo found that one of its first acts, alter its organization, was ^ the purchase of 51000,000 o( the stock or the Btate ol Arkansas. The most oautious Investigation, 1 believe, (lor I was absent from tha oitjr whan it was made) preceded this >RK I RNING, MARCH 4, 1844. irchase. The stock was intended lor deposit with the pur iraptrollor for circulating note*, anil wu purchased uf- tror r consultation by the pti ?idri,t with the theD and pro- thai nt Comptroller of the Sta'e, Hon. A. C. Flsgg, who ex- I essed a favorable opinion ol tin- stock, and stated that he for ould receive it ill pkrfitMB III* liank a* ?ecurity for cir- > dating note*. A committee ol the director*, consisting of con eiir* Joseph D. Beers, Myndert Van Schslck, and (Hi- ha* rt Allen, presented u written report, dated'J4th of Au- sev lit, 183a, detailing the term* of payment, and concluding of t ith a recommendation that the president be authorised sag conclude the pni rliiue. un the same day a resolution tioi that elfeot was passed by the following directors, viz :? otti enry Vates, Myiulert Van Bchaick, < ha lies Hoyt, Jo- tioi iph b. Beers, (Jeorgu 1>. Strong, Valentine u'. Hall, and con ilbert Allen. tim On the following day, August 9k, lass, a farther report coi; r the committee appointed to confer with the commit- cer oner* lrom the Stute of Arkansus for the purchase of the lid stock was made, varyiug the term* of payment, and sio le committee was invested with power to close the con- ? act. This re|>ort was signed by Henry Vatcs, Joseph me . Beers, Gilbert Allen, Myndert Van Hchsick, James B. the lurray, Henry II Leeds, and George D. Strong. Two pei u ml red thousand dollars of this stock was subsequently in i iceived from the company by Bates Cook, Ksq., Cotnp- pri oiler, ou deposit for circulating notes at par. This was qu 16 first purchase of State stock by the bank, and upon wl ly return to the city, I united with the other directors in co erfecting the contract. My concurrence in the matter e.?ted entirely upon the judgment ol the respectable gen- 1& iemen who made the purchase, in whoso discretion and of itegrity I strictly confided. tin I liad not then, nor have 1 since, owned a dollar of cia t ate stock, and had no knowledge of transactions of that Cu ature, although I participated in the confidence enter- mt nil stability of State credits. see The directors who inade the contract were not only Bo xperieuced in such concerns, hut several of them were *ot inong the largest stockholders in the company. Their I wn interest, ami the high character they held in the ha ommnnity, gave the strongest confidence to mo, and Co lio'ild to ull others, thul they were actuated by no other sta hau honorable anil correct intuntions. 1 refer especially toi i) this transaction, the motives which led to it. and the po adividunls who made it, in order to repel the oft-related ca causation that the company commenced with a stock eu peculation. It was made under the advice of Gabriel th thaw, Esq., of the house of Thomas Wilson h. Co., of in -ondon, who was then in this city, who manifested the an leepest interest in the success of the company, ami v/ho pa vas arranging to obtain large cash subscriptions to its th tuck in Europe It was intended as mi investment, and ca f the cash subscriptions abroad had been made, as wus tit lonlideutly expected (and hut for that expectation the I i tank would not have commenced business,) the whole so tock was required ami intended for deposit with the sa Comptroller. pa No stronger evidence can be given of tho confidence pe vhich wus universally entertained in the value of the trkaiwas Statu stock than is furnished in the fact that th it about the same time the Government of the l.'uitod an States invested the proceeds of tho Smithsonian Bequest, fei qual to f.;>(M),UOO, in that stock. th The constant effort by the directors to preserve the Ar- tri lansas stock from sacrifice, and also the Indlaua state tri tock to the amount of $l,ti00,000, purchased under the |>a idvice of Mr. Shaw a short time afterward as a basis for an in exchange account with England, and the disappoint- to nent in not obtaining n large cash subscription to the an dock of the company in Kugland, produced mnlnly liy ev he prospect of a rupture between the two countiiea in reutinn to the NortliiiHstern boundary, entailed upon the ul< ompany a continual necessity for raising cash means to P" provide for the payments uccriiing for these purchases. It is not my intention, nor have I the moans to enable me th to furnish a history of the financial operations of the hank, th It wus a department with which I was not charged, and tli rur the management of which I was not resjioiisiblo, for I m ivm constantly and unrem ttingly engaged in my profes- hi lional business, devoting ull my energies and powers to r0 the performance of my own legitimate duties. To the 1" financial officers of the companypi operly Mtagl the duty of explaining the causes of its disasters, and its linal over- *> throw; and I understand that those gentlemen, or one of hi them, is preparing a statement on that subject, and will shortly publish it. hi The next subject with which Mr. I.cavitt has connected nt my name, is the creation of three trusts, by the company, rs amounting in the aggregate to two millions of dollars. st Information having reachod the company from their in agent in England In January, IS40, that the negotiation w of its state stocks ubroad was hopeless except at ruinous It prices,and that they would be sacrificed to meet the heavy advances already made upon them, unless other means t< were provided, tho directors legislated, as all other insti- P tutionsand individuals did at that time, upon the erroneous expectation of better times, and decided honestly and ? in good faith that the true interests of the stockholders ti consisted in preventing the sacrifice At that time Eletcher ? IVifann Eku one nfltie bniiKii of Thomas Wilson and Co.. f of London, then in thin country, a gentleman ofhighcha- * ractwi ami intelligence, anil largely interested in the prosperity of the company, both iinii vnliially ami as the friend 0 of several large stockholders in London, oil vised the di- e rector* to meet the emergency, and avert the disastrous sacrifice of iti state storks, by a resort to its mortgage se- I curitics. and engaged to urge hi* friend* in Kugland to r make the necessary cash udvance* to accomplish the 1' object. The plan proposed wu the creation' of two trusts, one < for a million and the other for half a million of dollars,the obligations ol the company to lie given, payable in several years, at a low rate ot interest, the payment of which obligations and the difference ot exchange to be secured by a deposit, in the hands of trustees, of an adequate amount of bonds and mortgages. The proposition was favoruhly entertained. The directors, and many of the largest stockholders not directors, were unreservedly consulted in respect to the. measure. It was a subject freely and openly discussed, and was adverted to In the newspapers of the day; and all agreed that the procurement ol these cash advances would avert a great calamity to the stockholders. 1 was directed, as counsel of the company, to prepare the form of a trust deed lor the one million of dollars; I did so, and furnished it to Mr. Wilson, and the counsel of Messrs. Palmers, Mackillop,l)ent it Co., having approved it, lorwardod it to Kngland. The names of the trustee* inserted in the trust deed were Messrs.JBeers, Tylce, ami myself. The deed of trust, when It arrived in Knglrnd, was .submitted to an eminent solicitor (Thomas Olivcrson, Ksq of London,) who suggested a new form of deed, in which, among other alterations, he proposed, for the accommodation of parties in Kngland, in the reception of their interest upon the obligations of the company, to add the names of J. Ilorsley Palmer, Mackillop and Thomas Dent; upon its return to this city, a now deed was executivl in the form proposed in London, it being requested by tbe parties in Kngland that Lewis Curtis anil Richard M. Blatchford, Ksqrs., persons not connected with the company, should act as trustees in the place ot Messrs. Beers andTylee, who were olticer* of the company, and the names of Messrs Curtis and Blatchford were substituted as trustees. Another deed of a similar character for $400,IMM) was shortly afterward executed betw een the same parties and for the same object, in pursuance of the plan before mentioned. It was also requested by the same parties that I should act us a trustee, which I consented to do,hut being the counsel of the company, declined receiving any compensation tor my services. Subsequently, another trust deed, in the same form, between the same parties, was executed to secure $fiOU,(MH). Trust certilicstes, payible In five years, were created, in order to make payment of outstanding obligations of the company given for state stocks ami about maturing. The compensation to the trustees for their services in the three trusts was fixed at $33,000, of which sum $.M, 'KK) belonged to Mr. Blatchford, and $11,000 to Mr. Curtis. The duties which have devolved upon me as a trustee, in assisting in the management ol these trusts during the perioJ they have existed, now nearly four years, and embracing bonds and mortgages for over $'J,700,006. have In en onerous and vexatious. Kor these services 1 have received no com|>eu*ation. When these trusts were w as presumed that through them the company would he sustained, and of course that I would retain its professional patronage: heuco my reason for declining to receive compensation us n trustee. The information, therefore, which Mr. Loavitt states he has received respecting a bargain between Mr. Blatchford and myself, is uutirely erroneous. It is proper to state, that I have repeatedly expressed a desire to resign as a trustee, and should have made application to the < dianccllor to he discharged, hut have been llssuaded from it by parties interested. I have hitherto performed my duties to the lwsl of my ability, and shall continue to tfo so The trustees are legally tioiind te defend and protect the rights of the distant mid innocent parties, who have advanced their money, and confided in the honor and good faith ol their debtors. IIuving| select I us us the depository of securities for these obligations, which urn held hy a great number of Individuals, there l est* upon <1* a legal and moral obligation to resist all id'foit* to overthrow the trust* hy which they are secured I have no apprehensions that, in performing a duty so imperious, and in abiding by the decisions of the tribunals of the country, we shall incur the displeasure of the honest |K>rtion of the community. Hoon after the execution of the deeds of trust, as pre pared in Kngland, It was ascertained that thejr inquired material alterations to enable the trustees to protect the trwt property. The opinion of the most eminent runnel in the city was invoked The trustees employer! and acted under the advice of < hancellor Kent, Ravin I! Ogten. Peter A.Jay, and William t.'urtis Voyos, Ksqra. and in ail matters touching tkelr powers, duties and responsi hllitles, were guided by their united written instructions II whs recommended that additional supplemental deeds of trust, making the proposed slterations, should be ptepai eil and executed, which was iloae, and the following certificate is endorsed thereon : ? " We have examined ,.nd considered the aforegoing instrument, and are of opinion that It the difficulties pointed out in our opinion dated May iU, 1*11, and we recommend the execution of the same. " JAMES KKNT, " I'KTKR A. JAV, " DAVID 11. OtIDKS, " WILLIAM CURTIS NUV Kt). " New York, Iitne. II, 1841." The trustees having been informed, in October, 1841, that Mr Leavitt intended to insist that the trusts were invalid for usury and upon other grounds, the trustees placed themselves under the legal advice of Itenjamin K. Ilutlnr, Samuel a. Knot, and William Curtis Noyes, Ksqr*. Mr. Leavitt afterward filed several bills in chancery to set aside the trusts upon these grounds. Tlw mils have hern pending for a long tieriod, and all the sub ject matters embractduithwa, mm tastlnn involving the irpaltatlm of the company, have received the most searching and thorough examination. I am instiled in saying that the eminent gentlemen Inst named, after the fullest investigation In preparing the pleadings in these causes, which are now pending, have a perfect conviction that the organi/.ation of the company was conducted in good laith and in accordance with the provisions of the general banking law, and that tha trusta wan created in good felth, for the IER A pose of providing for the payment of debts justly dun tie ii the company, and of raising monies for its use, and an t both were justifiable and laudable objects. lie feel a liberty to invite a refereuce to those gentlemen tri the confirmation of this s?atement. he Ir. I.esvitt, upon the subject ol the obligations of the ha ipany on time (which he denominates "post notes,") 14 deemed proper to obtain and publish the opinions of eral counsel, in order to establish that the greater part ?? hose obligations are void, because issued alter the pus- ? ; eof the act of Mav 14, 1640, anil he copies the 4th sec- u i of that act, which imposes severe penalties upon the " cers and members of a bunking association for a viola- " i el that section, lie also publishes the opinion of the " insel, given upon an imported statement of facts, at a ? a when that and all other ijuestious involved in these o itroversies, are under advisement by the Court of < .'ban- o y, having been previously argued by the counsel of ? respective parties, who aiu anxioasly waiting a deci- " n- u dr. l.eavitt having thus, by his publication, presented ? and the other othcers and directors of the company to o i public as having violated this statute and incurred its ? laity, I am constrained,in self defence, to state the facts ? connection with it, although conscious of the impro- " ety ol drawing into discussion in the public journals estions involving such large amounts of property, and licli have been clatiorntcily discussed, and are before the , urts for delitM-ration and decision. 1 l'he directors, alter the passage of the act of May 14, ,! 10, desired the views of counsel u|>on the construction it in reference to their right to create obligations on tl 10. I was directed to turnish an opinion, and to assoite other counsel with mo. Samuel A. Koot, William irtis No) es, and David 11. Ogden, Ksors., united with ' i in the opinion tlmt the company had ihe right to inuhe 1 li'K iinnn lime in the manner nnil for the niirnose nrono I. These opinion* I now publish, in vindication ol the aid oi Directors, who acted in full confidence of their J, Indues.-'. t is proper to add, that the results of then* opinions re been sustained by n lute decision of the Court for the * election of Krrors -the highest judicial tribunal ofom te. It having;, at tho time, lieun intimated that the at ney general and hank commissioners intended to interse to prevent the creation of such notes, the president V used letters to be addressed to those oflcers, inclosing to ch copies of the opinions already mentioned, asserting ' e l ight of the company to create notes on time, inform- " g them that the company intended to exercise the right, . d otiering to meet any proceeding instituted for the pur?? ot testing the question. As no reply was received to , osr communications, tho right was considered as acqtiiced in, uud the company proceeded to create thuohligains in the manner pointed out by their legal advisers.? f isk the perusal of the opinions, as it will tend to dispel me of the inist which surround* this question, and will tlsfy the innocent holders of the obligations of the comny that the directors acted in good faith, and with prcr regard to the interests of all concerned. Mr. I.eavitt comment* at length upon the contents of e returns mude semi-annually by the president d cashier to thoconiptroller, as required by law, and re- | s to their detail*, lie thus connects my name with . cm:?"It must have been known to Mr. ( | rsten, that the bonds and mortgages embraced in the t 1st deeds were included among the asset* of tlM com- j ny in the returns to the comptroller made in July, 1810, j din January, 1841. and that Doth of said return* omitted iiicludo the 1,800 bonds or post notes among the debts, <1 made no mention of, or reference to, any trust* what- | er." Tho reply to this statement shall he brief and conclu- ( re. I have the deposition of the accountant ol the c?mny, establishing the following facts:? 1. That the returns to the comptroller were made by e president, cashier, and himself', that the counsel of e company was not consulted, and did not participate in eir preparation; that it was a duty which properly and lelusively devolved upon tho finaucial officers of the ink, and that they alone wore responsible for its accucy aud truth, having sworn to the suine as required by \v. i. That, in point of fact, tho returns made in July, 18t0, id in January, 1841, were In all respects accurate; that : prepared the details of them from the books himself, id that all tho debts uud assets of tho hank are truly exhited in these returns. That although it bo true that the )te* themselves were not specifically mentioned in these .'turns, yet the debts of the company which they repreinted, and of which thy were the evidence, were in eaeh istsnce truly stated. That the requirements of the law ere literally and truly complied with in every purlieuir. To which I add that 1 never snw the returns referred >, nor knew their contents, un'il 1 read them in the newsanert. In 1838 1 formed a co-partnership with William Curtis n'oyes and Knos T. Throop Martin, K.squircs, the business 0 he coriliued to law and chancery practice. I was hIso partner with William <>. Wood and William P. Powers, 1 squires, whoso business exclusively related to conveyncing and other nin'tersjeonnected with real estate. The firms were entirely distinct, and occluded separate flicijs. The terms of each partnership Wore, that tlio anting* should lie equally divided between its number*. In re*|ieet to the tint item of $10,000, mentioned by Mr .euvitt a* received by *aid lirm*. I deem it unnecessary to epeat the (statement* made bv Mr Noyea respecting it in da reply to Mr l.eavitt, published in the Commercial Ad crtiser of the '23d inat., ami other Journals of the nest lay? and which I liava subjoined?he 'ins given n full mid, trust, satisfactory explanation of that matter. I ahull inly add, that I received but one third of the amount or hat charge; the residue was divided among mv four portion, in the manner stated by Mr. Noyea. 'i'Uo charge ivaa maturely considered by a committee,ami the tervice* endered carefully investigated; it wns passed upon and indited by directora who were among the largest stockloldera in the company. In respect to the other charges of the two lirras, they vere made out in every instance by my partners, giving i full statement in detail of all the services rendered, ami lie bills were uniformly examined and audited. * It is ijuite impossible to impart a Knowledge of t'ie ex ent of labor and business performed by myself und partlets for this company, unless reference bo bud to the . olumnious pa|iers and vouchers on Die with the receiver f it were practicable to exhibit in detail the numerous tsma, which constitute the churges for tho professional lervirei of my four partner* and mysell, embracing a jeriod of over three yean, deducting therefrom the illsnirsement* which are included in the account*, liny one n the least conversant with legal proceedings would prolounce the churges just and moderate. It is well known that my extensive and prosperous law ind chancery practice, wfiich yielded me individually a arge income, and whieli I had fostered for over '10 years vas seriously impaired, and finally destroyed, by my conlection with the all absorbing business of this company t was a source of constant complaint by my law partners Messrs. Noyes and Martin, and the issue fully sustained heir predictions, that my attention to the concerni of tin:ompnny would ultimately supersede and destroy my other uisiness. Mr. l.eavitt states that my partners and myself received M4,ih>0 lor professional services. Assuming that this rinount was received, there should lie deducted for actual 'ash disbursement, included in that amount about $4.0410, leaving the nett sum o( $40,(100. My proportion of this sum. allowing my partners a participation in the salary, would, tor my three yeurs'service* to the institution, (after deducting a ratable proportion of ottice rent, clerk hire, Sir. for the two firms amounting to upward of $1 duo per annum.) amount to $2,000 per annum , a sum whieli will not ku considered exorbitant for the lubora jer formed In order that the expenses of our prolcssional establishments may be understood, it is proper to state that during the three years referred to my partners and mj self paid For rvip, Ivtcsr $M#u en 2d lb) 2 2011 an 3d on $1,300 IS 'l'o lints e'erkf. H iOO p?r aim., fur 3 yens, I iOO (S Uur clerk at $j00 for I year VB0 (Id Two cleik.s, at $100 each | er anil , for 3 years 1,40(1 (( Ore clerk, at $2'0 per aiin , for J tears 710 01 Two clerks, at $100 pr an a., for 3 irars- 4*041 04 $14 ('10 (K. The accuracy ol tins statement is beyond dispute, ai the tiooksol our firm will show. Ileforence is made to the sum* received from suhncir tiers for capital stock, for examination ol title and official certificates of approval, Ore.. These charges were in all casus reasonable. They were received by tbs firm of 4>ra ham. Wood fc Towns, and equally divided between tin partners of tliat firm. As much ha* been said respecting the amount received f om the company lor profMssional services by my partners and myself, I declare lor them and myself, that a lull equivalent w us rendered for every dollar Ihut wo have received arid every Mist mid iutelli gent mini who inv citigate* tin- matter will ho convinced ol the rectitude iiud moderation of our charges, ujid I invite the fiilli-Nt m rutinv into them In coticlnniou I would remark, t hut Until stockholder in the company in my own right to the amount of tM.ono ujHiii which I have inntained a heavy loin, and <13,000ol which I held from tin- organization of the company tuiti a lew week* paat, and then sold it at a sacrifice of <>t.rfni to which in to he added the interest on the whole atnoun for ail year*, lain a dividend ol <JiH>, making a lone 01 that investment alone of yuoo The luia I have autfain ed upon my stock, exceed*double the Hmount I have rf reived Irom the inatitutlon for profeaaloiial aervirea. I will heaven, therefore, that, initead of living benefitted In my connexion with tliia company, it haa been dixaatiou to me in the extreme, entailing upon mo pecuniary en harraaament, and the loss ol a large provisional huNinexi and linallv, subjecting my motivea and conduct to tli moat unjuat misrepresentations. I feel, however, oner tire confidence that a candid perusal of the precedini statement* cannot fail to dispel all erroneous imyresaioni JOHN LOIMMKK (litAIIAM. Ns.vs York, March 1, 1344. To tin: Critic. The undei signed w ere partners ol John l.onmer i irn hum, K*| in the conveyancing and real estate business iluring the yeata ItCfH, It:i9, 1810, and nart of 1341. _ Wi were actively ami perxonallv engaged in that business and had a full and accurate knowledge ol the receipti and expense* thereof, and of the nature and extent of iti operatloni. Wr have read the preceding -tatement ol Mr. Ursham and the one. by Mi Voye*. the latlei published in tin Commercial Advertiser on the f.'fil ol February, anil nn hesitatingly declare out knowledge ef the troth w thi tact* which they contain o lar n they ndate to onraelvei or to the. hnsiness in which we were engaged, and ou tlrm helicl of their accuracy in every other particular. WM <?. W<Mill, w.m. r rowi'.HH New York, March I, Hit Orisio* ok Ha sir m. A. Foot, Joiix I.orimxr Oramas a is ii Wii cia m c i n is Nov is, K?uRs. A note, ol which the following copy, In blank, ha b??n pretested to ua, la lempleof large number whio LD. I Prlc? Two Cent*. I e North American Trust and Banking Company are rte I ous of negotiating and rai mg money upou tv?r tt.e ge- I rut purposes of the inatitution, to be lecuml t>y thn I tat referred to at the laittom ot the not*. A doubt baa I en suggested whether the oompenv, under the genital I nking low, and the act amending the same, passed May , 13-10, are authoriaed to make euch u note. I IIQOQOOOOOO00OOOO0OOOOOOOOUUO0 OUOOVOOOOOUQOQtlOOOOOOOll I 1 *11000 !! no. . Naw-Yoaa, Dec. 16,1840 v ? J a " Thirteen munthe after Hate the Noitii a o ? -j .1 Amihicii 'i'm 11 amp basaina Comium f J" prmniec to pay, at their Banking Houae to the o a a a order of , for vain* received the 0 s o 5 to eum of ok ruoi'ss'u uoutna, with inter e it u o o * o" thereon at the rote of men per centum pti ail- #2" 2 u o num. o h o jj jo Caahier. President. o ? o ?? * o o " o _ ?o The payment of the above obligation, with ~ a" othera. amounting in the aggregate to itiUO U il o - r> x a" it gum untied by the transfer of lei urities call- ???' ? " mated at tut) U under a Deed if Tiuil exf oxo " cutcd between the Company and J/riny bate* Omo * " Thoma* (1 Tahnag*. and tVilliam Curtil o a J " Xiryei, 'Truitee*, bearing even dale herewith n " O O V iiooovoooooouooooaooooooouuouo oooouoooooooooaoooauoooo Our opinion haa been retreated upou the above quealou, and we have carefully conaidered it, witli particular ufereuce to the acts referred to. There can be no doubt hat, independent of the act ot May 11, IslO, the note* are fgul, and may lawfully be negotiated. The general anking law coutaina no rcatriction upon Ilia making and sing such papier, although payable upiou time; onenl the tain objects nl tiiut act was to protect the public in g-u d j the circuhitiug medium which it authorized to be laued, and lor thia end it required a de| oalt of secuntiea rith the comptroller, and that the circulating notea tin nialvea, which were intended to be used ua money, should e payable on demand (Law a, 1&3B, p J 111, f> 3); upon doiut Inch, in the language ot the section, "they might loan nd circulate the same us money, according to the mdiary course ol bunking business, ua regulated by the 1h? a ml usages ol this state." Thia section, therelore, lelaied acluaively to the circulating notes, and not to any other f the evidences of debt or securities which the aiaocla general bunking law, uor any ol the others having refer ince to tlie circulating notes, have any thing ti do with in ordinary promissory note or hill ol exchange, nor do hey impose any restraint whatever ugion the association:' in respect to the use of the ordinary mercantile paper of the country, among which hills and notes are the most common. It is supposed, however, that .the "4tli section oi th r act ot May, I Sit), lias a more extended application, and that it forbid* the associations from making or using any ordinary hill of exchange or promissory note of its own in the usual course ol its business, unh s the same is payable on demand and without mt"iest. That section is as follows: "No hanking association, or individual hanker, as such, shall issue, or put in circulation, any bill or noteofsaul association or individual hanker, unless the same shall be made payable on demand iikI without interest; and every violation of this section l?y any olticcr or memhur of a hanking association, or by in individual banker, shall he deemed and adjudged > misdemeanor, punishable by hue or imprisonment, or both, in the discretion of the Court having cognizance thereof." (Laws, ldln, p. 30ti, sic. 4.) In our opinion, this section loes not apply to ordinary hills and notes not intended to he, and not, in fact, issued and circulated as money; such instruments ure not, in our opinion, either within the intention of the Legislature or the language of the section in question. Our reasons for this conclusion am briefly these :? The general banking law did not impose any penalty upon the issuing of circulating notes payable on time,and although the issue ot such pa|ier by the associations, to circulate as money, was against the spirit of the act and illegal, yet it was easily, and, as we know, frequently, practised; and although it hud become n public grievance of no oidinary magnitude, there was no present means of preventing it or ot punishing those coueerned in it. Circulating notes, like those countersigned by the t'omj trolter, and resembling them in almost every particular, were issued by many of Ilia associations, and the ignorant and unwary were easily imposed upon by means of them. These notes were generally on time, and sometimes carried a small interest, and for none of them had the public any security other than the association itself; none had been furnished to the Comptroller, in compliance with the spirit of the general hanking law. It was to corract this evil, ami to punish those w tio tliould engage in continuing or practising it, that the section under consideration w us passed. This, and this alone, wastbe mischief that existed, and which the Legislature intended tu remedy If we are correct in this view of the necessity which demanded the provision in question, there cau he little doubt as to the construction of the section itself; for although the words are loose and general, they are to ho restrained nnd limited by tins necessity, and by the intention of the legislature, us deduced from the evil they designed to prevent and punish, and the language they have employed to effect these puijioses. It is a principle well settled in the construction of statutes, and especially those of a penal nature, that tlisy are never to be extended by intendment to cases not plainly within the mischief sought to be remedied ?(* bwur. on Statutus, 787.) Now it cannot be supposed tha' the legislature, having an eye tu the original object of passing the general hanking law. the security of the public as to its circulating medium, and the abuse which existed under the new system, could have intended to prevent the associations from giving bonds, bills, and net< s, for the. ordinary pur|ioaes of trade and commerce, payable on time, and nut issued ,or intended tu circulate, as money It w as no nart of the oliject ol the art, as originally psitfi <1, to regulate these matters; they were left to the judg incut and prudence of dealers in tliern, in the same mininer as transactions between i/idividuaU. There wns, with e<|iiui certainty, no evil in this respect demanding it remedy. In tins first place, then, we regard the notes in question ua not being within the intention and spirit ol the ionrth section, and therefore not within the section itself Tins alone is sufficient to exempt them from the restraints of its provisions. In the words of Mr. Dwarris, a much approved authority upon the subject, "To bring a case witiiin the statute, it should not only be within the mischief contemplated by the legislature, but alto he within the plain, intrlligifde impuit of the worda of the act." (-J liwar. on Stat., 711.) It is to lie observed, that unless this be the correct interpretation, a part, and a very important as well us uiuul part of the business of banks and bauking associations, cannot lie conducted at all 1 hey could not purchase and endorse a hill ot exchange payahlw upon time, the endorsement being, in effect, a new lull us to them, and, consequently, in this view of the cai.e, illegal Nor could they, having a balance or an account with another bank, draw U|kiii it, milesi the draft w as made pay aide *011 demand, a requisition which would in unusual, as well us absurd and inconvenient, mid would operate to destroy tins kind of business altogether , or lender it nearly valueless. The transmission of funds by this method, ami others analogous, is very Common, and forms a valuable, as w ell as a highly useful service to the public. So, too, the as ocintioiis uould not give their note ior a site ior a banking house, or tor materials to erect one, or lor an arreur of t.tlaiy to au officer, unless it was payable on demand and w ithout interest. It is confidently believed that these views alone must satisfy all that the section in question was not intended to, and does not, interfere with the rights ut the associations to dniw bills ol exchange, make Ipromissory notes, ami other contracts in the ordi nary mode. 1 In the next place, we are of opiniou that such notes are not within the "plain, intelligible import of the words" of the 4tli section of the act. (In examining that act, it will tie seen that it relates almost exclusively to the notes of , the association" intended to circulate us money .the Li gisI luture still keeping ill view ami Intending to promote ihu i original object of the general banking law, and the safety ol tint pubic against a worthless currency. The original ' act allowed the stocks of any of the States to he received J by the Comptroller us security for circulating notes; this act lorhnls it,and confines him to the stocks of tins State i I'lie third section requires securities to the amount ol one i bundled thousand dollars to l>e deposited with the < ompli olltr, holme the business of banking shall lie common ced; the fifth authorizes the return of mutilated cirrul i I ting notes to the I omptioiler, and|the issue of new ones I to an equivalent amount. The seventh, eighth, ninth and^enth also relate to thcirculating notes, and to the securities provided lor them hi the hands ol the Comptroller, and the residue of the art extends the taiwer of the bank commissioners to the s?>o nations, and imposes penalties upon them for refusing to submit to their examinations. It cannot tie doubted, tln-ie lore, from it* fiame and language, that this amended act was passix) with a single eye to the circulating notes, snd was not intended to intutfere with the ordinary operations .1... r. ,.l..,n,r TI.U ... ...o nw ?>,? ? 111 .... ..".I ... . , r 11 also the just inference from tlic words of tin* section ? I'hey ore, thut "no bonking associationor in<llvitlaal bank i er, us such, ahull istun, or put In circulation, nnjr lull or I unto," kc. This language only applicable lo a circulating mc-Jl t urn, like bank note* or other currency intended an a auli , stilute for money ; of aiich we speak na an iaaiie or ua circulation, lint thin form of expression la rnrely, if ever, h applied to b.II* of exchange and promissory noteu, having I no resemblance to hank notea, and not intended to paa? as . money. No well instructed merchant, or business man , of any kind, ever peaks of his outstanding notes or bills i_ a* an issue, or ns heing in circulation. Tne L. gislatute , must be deemed te have used these well known and f?mlp liar terms in their common acceptation ( J liwar. 7<M.) an t .. in this sense, the section should las read as follows : ' No banking association, or individual hanker, n? inch, shall , issue, in put in circulation as money, any bill or note, he., and this because the intent to prohibit their circulation as money, and not otherwise, is so cleaily intern hie from tin mischief sought to tie col rooted, and from the provisions of the act itself; indeed, this is, in seviialin . the language of the general banking law itsell f'he third section authorises the associations, on coroplI ing with the act, "to loan and circulate" their notes ' the same as money;" and the twenty first section declai*' that contracts made by any such associations, and all , notes and bills by them issueJ, and put in circulation as money, shall he signed," ko ; and clearly the same in. suing is necessarily implied by the fourth section of fh? j amendatoiy act." Vor these reasons, we are w ell satirlied that the notes in t question are law fill, and not within the prohibition of " " , fourth section of the act of I ith May, IfU'V t In arriving at the almve conclusions,we lias e intention ally nvoidsrd considering the question, which lias la-en much agitated , w hether the act of I ith May, IH40, so ins aj it relates to associations fmme.l and in operation win-it that act took effect, w as not unconstitutional and roid I This is still an open and unsettled (]lies*Ion, and pre ' sents n subject of very serious consideration We h v n, not deemed it necessary to express any opinion U| on It < b wv ragsrd the riaws alraady prasvntvd upon ?hs ar e - I

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