Newspaper of The New York Herald, April 13, 1848, Page 1

Newspaper of The New York Herald dated April 13, 1848 Page 1
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THi Whole Wo. (MX.7. SUPPLEMENT TO CODE OF PROCEDURE. TEMPORARY ACT. To the Legieliture of the Stole of Vcio York 'I he cntntnif*'nn?r. on pmrtion Bnd plcftdlniiibec Ibhtc hrt'r?!th to rubirit tbn draft of ft tompnrvy ant. d? Mrrert ?ofnciHt*t? tbn il??Bkteh of thobnoincM which i< new r?n.'trar In Iho courts, or which may h? "orr.sunnc?d r.j the code of pcro*dnrB ihftii ?o into rffaet In th? fl*M r?port which th?y bad tbn honor to pre Mil* to tu? connniBnonwrn prominaa to submit tu?h an sot; the cole itself having reference enly 'o future eases Tt was their intention teIntroduce into tbe temporary act oo touch of the node as should appear to bo appi'e tble to paudiug coses, and it appeared desirable therefore to await the so'ion of the Legislature upon the code, that it m-'gbt be seen whit shape it ??suined in its flnel p*?*?? ?. It hiring now passed both house*. tbe annexed act s immediately submitted to the of natdsratlon of the Legislature The two most prominent features of the former renort ? those relatlrg to tbe abolition of the ecramon lew forms of action, s*d to the nnion'of legal acd rqnite. ble remedies In ? common system.?are. in thir nature, npplieabie only to fhture aotions ; and it rt> deensed best. In order to preserve the harmony and noity of the entire system, to r.cpfiae the code exclusively to that class of ease?; bet, by a subsequent aet. to make apolicable to existing suits, such parts of it as would not int*< f<re with ths forms of action, and as might be deemed heneflalel. Every lawyer and judge engaged in the admidiatration of justice in elrt' actions, after the first day of July next, must, of necessity, make himself acquainted with 'ho new system The ocurts will be organised urder it. and there can be neither economy nor convenience in haying one set of rules to govern the trial ef ene cans*, and another for the next, when the same ire squally applicable to both The great dslare of justice of which tbe people complain,exist chiefly in the first judlciel district With the exception of this district, and possibly the t ird. the arrears aro not very considerable, leering odt of view th* eases pending in tbe former supreme court and oonrt of rbsncsry. The eommlseioners have reason to believe that in the other districts, the present supreme oonrt has nearly despatched its business. Tbsy wish it w*re In their powar to sov the same thing of ths whcls State ; bnt they ere eonetrained to say, that, >1 the first district. (he del-ys amount almost to a denial of justice To form an adequate idea oi tbe etateof the business there, It is only necessary to refer to the returns made to the commissioners by tbe clerk of the city and county of New York, and the clerk oi the superior oonrt, which are hereto annexed, marked A and B (omitted.) If to the mass of arrears.thus shown, be added the cases now pending before tbe ohanoeilor and the former supreme oourt, waioh win remain ano?cia?a on iue u?y ui i July next, and be returned upon the flrat district, there will be, to say nothing of th* current litigation, an ?*gregai# of business, which the preaent judicial force there conseutrated would not dispose of in asverol years. It is indispensable that tbnt this mass of arrears should ba cleared away, both on account of the parties concerned in It, and to make way for the future bueioeaa. Whatever way bo the eauaea of the delays, they should be sought out and removed without hesitation. If, on the one hand, more judges are necessary, they ahould he supplied; if, on the other, the present judges are sufficient In number, hut unequally distributed, or otherwise uuab'.e to dispose oi the business, the proper remedy should ba applied. Among these causes, the commissioners think the first is the fact, that there are u<~t court* enough for the transae.tlon of tha buslnosa of the district- This is owIrg partly to the n.'glect cf tbo supervisors to provide tba n?cts*sry accommodations, and partly to there being too few courts; assigned to it. ?peolal terms and circuit courts have been appointed, which bava fallen through for want of suitable rooms. And there is but one gonaral term appointed between now and July, and but two t)T the rest of the year A great portion of tbe litigation of the State Is carried on in tha city of New York. Tbe commerce of that city naturally d:awa to it contracts and rotations far more Bumrrero4ar.d important thun would serine to the name amr.uet ?.f population in other parte of the State Instead of a judicial force in proportion to lis population, it should be rather in the tatio of its business Tbe foree actually given, however, falls far short of this proportion It is also known, that the courts in the flret district, for some eeuse, have not bsen enabled to transact an amount afbnamsts proportioned ?o that which in boeempliehed ia other districts For this result, a variety of reasons may ba assigned, into which the esrnmlrsionera do not deem it nesasasry now to enter. Oue. however, wbioh has presented itself to their mind- is this : that by reason of a want of readiaaas on the part either of tba psrtles or their eounael, to prooerd with the trial, tbe oonrts are frequently obliged to adjourn for tbe day, without having trie J any of the cause* upon what are termed the day calendars. Rome of th?ra are passed for the day. takiagthsir places upon the next day's calendar, while others are postponed to another day in the asm* term, or to another tarm. Thus it has cot un'requuntly happened, that for days together, no progress has bean roadsiu cause* placed Upon tbe trial calendar Out ol this stata of facts, two source* of ioconveniesoe have ?riien ; first?tha courts have been obliged for a t-mi-to remain tale; and eeoond-parties whose e*u*e* were lower on the calendar, have been obliged to wait the oonvenlaace of the parties in the earlier causes. The recimiaalnners hava called upen the clerks In the oitv of New York, lor statements, showing the numbrr of causes cn eaeb day's trial calendar of the circuit, auper'or court, and common pleas, in that oity, einca the 6'.b day of July, 1847; tbe number tried on eaoh day; the l umber poatpr-ned en each day, for the term, or to an"th?r day la the time term: and the number collid and paired, or marked ' down" on each day. Tlioy nave, as yr. received no rnuy i" mar. can, esr.ep-? iccm tha cleik of the ?uaorior couit, whose statement ii an nexcd, nuikrd 0 By this, it will bs mhi, that by far tha g ?fcter portion or the causae called for trial, arc pn?rd either for tha day or for iba term, if tried at the r-rne term, they take the placo ot c.aua<a of a youneei issue. which are thus driven off from term to term,while, if the court wers com rant ly occupied in the trial of causes nnd tha ra?-e not roedy were deprived of tbe'.r priority, they would probably ha triad at tha Qrat, or, at the utni'-st, at the second to:m. O.i each subsequent t**rm's calendar, tbry retain their priority, though call ed at a previous term, and passed through the mere iieglrct ot the party. To nhviats this, s'otlon? 16 and 17 arc proposed. By depriving oansei thua parted, of their preference unlets for good c?uas the couct otherwise direct, yourgcr issues will tie mure rpeedi.y disposed of, and ths courts will bti o instant ly occupied By the dOvh section of the judiciary act of May last, a re-beaurg at tha general turn is allowed in esse* of cognlxaiiOe, determined at a special term. It a| ,M *r? to the commi-eicner.i, that thai "should be soma c*v ck and roiss discrimination in this r-aprct, and that wh?n the piocaaJicgs are stayed, sccuiity should bs required as it tbero were iu name what there is intact, an appeal rem the decision. This is provided for by sec ions 7 and 6. dome mcda of rrviewipg an order m?ti> s'? special tot ra fliould be provided f-cctior s 9 and 10 are prepared with that vicw It sucti a provision be cot made, great iiijusUca will sometimes happen i'o st ot ten f lie delays and remedy the inconveniences thus explained, end to give to the parts of the State which to of*, i eel it, su^h portion of the juiirul foroe as nan ep'.re d t on other pans, have been in port the o iject3 of ho commissioners in iho net horcvt ith subni.ttcJ. They re aware that ihia net will incrsne tha labors of the judges; hut it will be temporary only in its a;ipltcntu u. ana they are to alternative, by whioti item he avoid, d, abort of a denial of justice. ^li which U impact! nil v submitted, ARPHAXKD LOO MI 9, D WID tilt AH AM, DAVID DL'DLKV K ELD Albany, Mirr.h 31, J643. Ail Act to Facilitate lire Dotermlita Ion of I xlaltnyt Suiit in ilrc Courts uf tula Stnic. Ike Pi of I u/ Ik' t'la e rj S w I'd lr, rtprtltnh d in Btnut- cnrl An-fully, ito t ract <t? f iltt trt: Sec I. The act to simplify nnd abri igo tha prrct'oa, p!**i ilngs an I proraodicgs cf the courts ot tlrlti S'vt', pii 1 ?l Tli i present a rttnu ol the Legislature is herein d- signnted as the ' Cot" of Procedure." 'I I I LK I. inrvmm rki.atino to i ornri in nrvnii. < b?i> ' H otiiis of the t.'odu of I'r c dure reforrtd to and nrpii-J to ex sting auis II Olhjr provisions relating io existing suits. Ull A r I UK 1 S.ct.ontaf the Cod-of Procedure r / rred to and ap~ j,i i> d to x Iting am i He, 2 The pro?ifioue ol the Cods ot Prco'tlure contained in the following Motions thnreof, aro hereby ?pplud, so Isr as the anno aro nipllotblo. to future tro? s in civil suits, whether liw or in njulty, pcudlrg whrji that co<1? thai! take r fl>ct, ss follow?: ? 1 M noil? 6.1, 101, Hi 10 161, both Indus vo, 270, 311 nn 1 341, to pioesadings in actions in llis supreme court, la the county courts, i.t ths supcrlur couit of ths city of N iv York, In tbs court of common pirns for 'he city of Ntvr Vmk, in ths mayors' court* of the cities of Ah bmy, Hudson, Troy, and Ho^lita'sr, and in ths recordeis' court* in tha clti"* of CufTtloand Utica. J Hno'lnts 217 to 967, both inclusive, to executions cn a jatfguii n'. or Creree in any of these courts, hereaf tor isi>uc4 aua'n?t say person, to the lhaiiff of ths county wherti he tesidts, or if he ttsid-j out ot the State, totbi shur If of t)m courtv aher* lh? rrcord of juJgim nt is tiled or the dferre enrolled; the word "Judgment" In these sections helrg taken 10 it elude a deciee. tl Sr-otloiin 271 to 2*9 both Inclusive, 281 to 296 both inolusive, and 301 to 314, b^th ioolusivo, to the rctinw of juegmen's, duerree, and tin-1 ordet?,fr iW wLir.u no wril ot ?rior or iifpml shall have beea eltvady taken, the w r I "jud^Kieut" btng taken to include u decree, and - judem-n; icti " to Include ih" rerotd of Jidg : snt and enrollment of decree 4 S oMnrik 314 to 3f6, both inolu?lv<\ 3'?7 to 37C both iaciuitre 3*8 and 379 to proceeding? in uutious in all the coin u of civil jurisdiction in the State a Sections 3(lo to 803, both inclusive, to non ennmera'ed motions its the courts met. ticned in the first tub* divif.o i of this section onartxa II, Othir protiiioni relating to milling litih H*c. 3 .Any suit In m'lity now pending injthe supreme court, or wlitcii may bs thsie panulrg b?r,tre the first day of July nt xt, or aoy issue therein, whether of fact or ot law, or of both, may be teierrsd upon the wiltten oou<?nt of the parties concerns* ; and upon the like oonient, a rrfetenoe may be ordered to take testimony, or to report facte, or to saccule any order cr dioree. Deo. 4. Where the par tie# do not content, as In the in mm-<niiiij pmm E NE ME lest section mentioned, the co irt may, upon the application of either, or o( ita own nit ion, direct a reference in inch in tb? followii g casis : 1. Wasretbe determination of an iaane of faot afaall require the examination of a long eeepunt on either tide; ' in which case the reference may be to hear and deoide the whole i'guo, or to report upon any specific question of fact involved therein ; or 2. YVhete the taking of ?n aooouot rhall be neceeaary for the Irforwetion f the oourt before deoree, or for carrying an order or Ueora* Into eff??t; or 3 Where a qnnatioo of iect, other than upon tha pleadings, shall erise, upon motion or otherwise, in any etsgeof thi euit. S. o. 6. 1 lit report of the referee cr referees upon ths whole oause, or npon the whole or any Issue therein, shall ataud as the decision of tha court, in the arm* manner at if the oauie or taaue had been determined by the ourt at a special term, and may be reviewed in like manner. Seo 6. The referee or referees shall be appointed In the manner proviueu in secuom A20 sou * i?, ?.-i iuo ui_-u? u> procedure, ?nd shall have th* powers specified in eeotim sua, an?l the compensation specified in seotion 263, oi the eode. See. 7. No re-hecring shall take place rt a general term of the supreme court. of an order or decree made at a speolel term, unless the same involve the merits r f the suit or proosedlng. or tome part thereof And furthsr proceeding* upon the Older er drer?e shsll not be stayed, unless security be given in the same manner, and to the same extent, as would lie r? quired If an appeal were taken to the conrtof appeals from the s une order er deoree, made, or eon firmed at a general term ? Nor shall suoh re hearing be had, unless notice of the savie he given, within ten days after not'.or of the order or decree re-beard, with the soonrity thus required. :...S?o. 8 No peri'lon for a re-heariog need be made Instead thereof, it shall only be necessary to serve a notice in writing on the adverse party, and on tho clerk with whom the order or deoree to be reheard is entered, stating the application for a re-hearing of such order er da ems, or some specified part thereof. Sea. 0. Any party aggrieved by an erder made at a special term of the supreme oourt, in an action at law, or in a spsoial proceeding, wbenlit involves the merits of tho aetiou or special proceeding, or tome part iner-of, insy appsal thsrsfrom to the court at a general term ; where, upon such arpsal, the erder may be reversed, affitmsd or modifiod, sicording to law. See. 10. The eppeal in the last section mentioned, may be mede, by the service of a notice in writing on the nd tree party, and on the oleik with whom the order is entered, s ating the appeal from the time, or some specified part thereof. But no such appeal shall bo taken, unless a judge of the supreme oourt certify that, in his opinion, it is proper that the'queetion arising on the appsal should be decided at the general term. TITLE 11, raoviiions relating to courts iit the first judicial district. fleo 11. The general term if the euprrma court oppointeJ to be hsld in the first judicial district, on the first Monday of April, 1843, shall ba continued from the first Monday of each month to the third Saturdi.y thereafter, until and including the third Saturday af.or win um .?ii:naiiy 01 juiy next, or until an ice oases on the oalrndur be sooner heard, or a eulfioient opportunity be given for the hearing thereof. 8ao 1 'J The spxial term* and eironit courts appointed to be hold in the first judicial district at anv time hereafter, before the first day of July next, shall be respectively conti uo'l from the first Monday of each month to the third Saturday thereafter, until end including the third Saturday after tha fleet Monday of Juiy next, or until all the oasts reedy thereat for herring or trial be sooner heard, or otherwise disposed of. Sea 13. in addition to the courts already required by lew, there shall be held on the first Monday of Septembsr next, a general and special terra of the supreme court, and a clrouit court iu the first judicial district by such judges as the goverLor shall, by appointment, in writing, designate ; which terms end circuit court shall be exclusively devoted to the determination of suits end proceedings in the supreras court commenced before the first dsy of July next Sec 14 The tertos and circuit court, mentioned in the list section. shall each be continued in each month,'.-xcepr October and January, from the first Monday to the third Saturday thereafter, inclusive, uutil tho iourtli Saturday in February next, or until tho suits and proceedings mentioned in the lost eeo'.lon, reedy for hearing at such courts, shall be sooner determined. S*o 13 If the j i Jgee a?sigQ*d to hold such genera) or special terms or circuit oourta, or any of tht m bo unable, by reason of sickness, or judictsl engagements tise where, to sit until the close thereof, the governor .lull Mllfa other judge*, not eotlally engaged in holding court, to tako thtir placrs respectively. Seo. 10. VVhsn a oausa, placed upon tho calendar cf a court cf r-cord in th - city of New York, shall he reguUily called and passed, wi'brut a costponf-meut by the court for good cause shown, it shall thenceforth tako its place on the same or any futura calendar, as if the date of the issue were the time when it was thus posted. Sec. 17. In tbo ease mentioned la the last sic'Jon. it shall be the duty of the party placing a oaune upon the calendar, for a nutuennent term, to nti&ta the date nf the issue, se above prescribed ; and if ha emit to do so, by reason where-f the is-u* retains its priori y on thecalendar, the court, on the epplioition of the adverse party, or of its own motion, may strike the cause from the calender. See 18. This aot shall take effect immediately, except that section twe shall teke effect at the same time with the oodo cf procedure Tlie New Emigrant. AN ACT For the Protection of Emigrants arriving in the State of Ntte York, passed Aprii 11, 1818,? * three fifths being pi esent " The ftrp'r if the SiM'e if ktv York, rep-esnt i tn Soaelt en I Assembly ilo enact as fnUoms : S-c 1. Th-j commissioners of emigration ere hereby auth .rized and empowered t<> lease or | urchas i salable docks or piere in tbe city of Now York, s>.d to erect neutility enol-jsuros tlieri-on, aad such dook; and pines to be appropriated and set opart for tho eAclu*ivt> tts of 'aodlog emigrant alien passengers ; but no docks or p; rs shall be pucoheeed or leased without th-approval <*;vl consent of the common council of stid city sod tho expense thereof, not to exited fifteen thousand dollars, shall he paid out of the m ineys pal J io pursuance of ha prcrisions of an act entitlc-1 an act cnocemlcg pisaongers In vesssls coming to the oity of N?w Y rlc passed May A, 1847, and lr. considered and charged t-s applied to thn ga serai purposes of the said aot Oa spplicotion being made to teem by ary steumboator proprietor, who is a eitlien cf good moral charott?-r, end shall rIvo good enoorlty in a torn not exoaadlng (000 to com ply with the provieloneof this act, the said coianiluioners are hereby authorliad and directed to grant licenses to receive aiisn paan-iigers and their baggage f<\jm ves ssls aruvlng at the port of Nave York, mbj-ct to quarantine, or from the p s-socers' docks at quarantine, to ba landed at the emigrant pisrs or do-ks aioreeald ; ;.nl , the said commissioners shall have po.ver te reeoas the I cruse of any parson violating tho provisions of this act. And cvoiy captain Of a steamboat or lighter u-.t. props ily licensed for such purpose pursuant to this seotiou, who shall convsy any emigrant paucugers from cny sunh vtesc.l, shall be liable to a penally of one hundred dollars for each and every offence, to hi recoverel by the raid commissioners of emigration Sic 3. It shall be the duty of evary ship-master, owner, or bringing to thn port of Nsw York any alien smlgtaiits, steerage, or sreond-oabin pnsarrgcrs in ves sals not subject to quarantine, to Ciiite thesn.oe with thur baggage to be lauded on the emigrant piere afo-esaid, either dircotly froui the vrmel or by means of som? steamboats or llahtaia licensed as aforesaid: ami . he Wading of them upon any other pier or wltaif, si all bpunithed by a Qn? uot less than one hunJred dollars, which fl-ie may bo recovered of ihe master, owner, or eou'ijnee of such ship or vessel. The commissi:nprs o( emigration aro hereby empowered (o make all necessary regulatl. na f r the preservation of Older, and the adruls ion to, or exclusion from the said dock of tiny parson or p rsons rxcep'.lug suoh ns are duly licensed; and any per eon violating any of suoh rrgalaitons shall bo liable 10 a penally of one hundred dollars tor ent'. jtid every offence, to be recovered by the said oainmlisioners cl rialgration. he < a. All persona k-epl*>jg houses In any of the cities of this .State, for the purpo'e (f boarding emigrant pes BMigere, Mio 11 be rrifiired to have a license for snid pur from the mayor ol the ciiy in which such bous'f are located ; acd each person so llceuaed shall piy to said city t!io earn of tea dollars per annum, and sk.l. bonds eatieiaotoiy to esid ia*yor, wiih .ine or more eoretiis in the penal mm of Ave hun Ire.I dollars lor their gtud bobavior. and s?U mayor is hereby authortie I ti revoke sal J Hears* for ?,uso fcvery heep-r ot such hoarding house rbal, nn Jot a peDaity rl tl ty d >1 Urs, cause to be kept conspicuously posted in ill pubiij rooms of surh house In the Kuglith. German, Out. U, Krennh and Wellh laagtMfM) a list of tbstSlM ot prl ?< which will lie odarved emigrants per Jay ? d wrrkt'T boarding and !ol<ing and rlso thorites for separate oirals; lb" kv.-per i f -nob h<UM siali also hie a orpy of raid liet in the city of Naw York in llio ofllc* cf lb < Ccnirulnaloair of Immigration, and iu o eh ?.f tu othtr cltire cf this Slate with the mayor rf rgl i city; and tbe keeper ff any emigrant boarding bouse wh Khali neglect to post a ret of rates cr shall charge or receive, or emu It or s-jfTerto be charged or r-jceired, for the use of sued Ifrper, any greater sum the J u cor uing to tba rata: or prices so prated, Hhsll, upon conviction theme, bo deprived of his or bor )lo*nse, ad bo punishod by a line ot not lees than flf.y dollars, and U'<t? xseeding aw hundred dollar*, to be recovered In thncily Ol Near York by the ootumlssioneis of cmlgiallon, ani In the other eltloi of this State by the mayors th?r of. Sec. 4. No ki> per of any ciu'grsnt boarding h"U?# shall have ury lieu upon tbe bnggugoor iltcotsot any emigrant for boarding lodging, storage, or on any other acoount whatever, and upon complaint biting made upon oath before the mayor or any police in?;istrate of the city la which ruoh bust ding bouse is located that the luggage or rffocts of ouy emigrant ar.i djtallied by the keop <r cf emigrant li.mrdl g hou'e, under prrteuje of *1 y lion u?on sujh luggage or eIT'Of# or ou a: y claim or u*.n in,I >> gainst the owner or own ra ihi ieo', i shall te the duly of ihe officer before whom such c nrp i. t is made, imnciiateiy to Issue his war rar.t, d r-< ,od m any cuns ebls or poliecem >11 of end city,oO'hmending him or thom to briug before him the pai y against whom such e"nipisint has boon made and upou conviction thereof, the ofHrer brfora whom such ninvletlou shall be had, shall cause said goods to be forthwith restored to the owner thereof, sud the periy ro o uvioted, shall be puulshed by a One nut l?es than fifty dellars, and not exceeding one hundred dollars, ar.d shall be committed to the city prison until the raid fine shall bn | aid, and until such luggage qr effeots shall be delivered to such emigrants. 81 o. A No persrn shall, in any oity in this Stats, solicit emigrant pseseugers or their laggage for emigrant board ing b ouaes, passenger offices, forwarding or transportation lint a, without tha licenae of tho mayor *f auoh oity, W YO W YORK, THURSDAY I for whloh ho iholl pay the Bum of twea'y dollar* p*r anduoj, od(1 give satisfactory bonds to fa-d mayor in* h* penal ram of three hundred dollar* a* security for hi* good behavior. Every person te licensed shall wear In a conspiouou* place about his person badge or plate of such ohamoter aad in such manner as said mayor shall pre oribe, with the words " lloensed em'graut runner" 'usoribed ther?on, with his name and the number of his license: no person who is not of approved yoet moral oh>racter. shall hi licn?od as such runner. Every p-raon <vh'>shah solicit alien emigrant pirs-iiRT* Q<- ethers for the henetlt of boarding houses, pnssen?er Offices or tor ward log lines, upon any ?t-ret, lane, alley, or ticon any dook, pier or public highway, or any other place wllllill the eorooratn hound* of tnv eitv In thl? tttota nr upon any wat-rs ?itj ccent tin relo over which nny of aaid eitb s may have jurisdiction. without such license, ahull be deemed guilty of a m'sdemeanor, and- ahall b? ouulsfced by imprisonment intlie county prison or jell not leaa than three months, nor exceeding one yeir, and ball also forfeit bin license 8eo ft. The commissioners of emigration may, when, In their opinion It ahull aaem necessary, appoint a proper perron or board vessels from foreign port* at th9 quarantine ground, er elsewheri, in the port of New York, haying on board emigrant passengers, for the purpoae of adaialng auoh emigrants, and putting them on their guard agalnat fraud and Imposition; and the health offloor la hereby required to prevent nny person cr persons from going on boird such vessels, wbioh may be aubjset to examination by him. until after tho aaid person or persona appointed by the commissioners of emigration, shall have had sufflslent opportunity to perform their duty. Bee. 7. N j person or perrons shall exercise the vocation of booking emigrant passengers, or taking money for their inland fare, or for the transportation of tha luggage of auoh patsengcra, without keeping a public office for the tranaaotion of auoh business, nor without the 'loenae of the Mayor of the olty In which suoh office ball be located, for which abatl be paid the sum of twenty-dye dolls rj per annum, and give satisfactory bonds in the penai sum of one thousand dollars to the Mayor of aaid city, as seourity for the proper manner In which his, or their business shall be oonduotsd, in forwarding said emigrant passenors, or their luggage Every such office and place for weighing luggage, alia't be at all times, when business is being transacted therein, open to tho commissioners ot oral ;<atr>n. or their egeut, duly appointed And no bo?I?s or weights shall he used for suob purpose, but such as have been Inspected and scaled\by the oify luspnotor of wights. And every such establishment ahall havo posted in n oonspleuous manner at Its plaos of business, in the English, Gorman, Dut?h, French, and Welch laugurges, a list of prices, or rates of fare, for the pi?sige of emigrant aliens, and the price per hundred is, for transportation cf their luggage to the prlnutpil pbioss to union ens propri v.o?s meteor uouoicir.e to oonr. y such pabflengerr, and ahull ulei deliver n C"py of such t'st to the sgentof the commissioner* of emigration In any oity where such sgencfe* shall bo established, an.I twnr per on or company who ahall charge or reeeive, or allow to be charged or received oy any person In hu or their employment, n greater amount than la speo'fi d in said list ot price*, or who shall <l>frond any emigrant la the weight of hie luggage, ahall, together with allother persona oonceruod lu eatd fraud, be puuielied by a fine cot less than one hundred dollars, und not exceeding two hundred dollars, which money, when collected, shall be paid into the city treasury of such oity, except in the oity of New York, where it shall be paid to the commissioners of emigration, and any person or company receiving money as aforesaid, fur the passage of emigrant alicss, or for the transportation of their luggage, without suoh office and licenso, or who shall refine admission as aforesaid, to euoh office or pi rco of weighing luggage during the times of transecting business therein,or who shall nogltot or refuse to post the sail list of rates as aforesaid, or who shall neglect or refuse to furnish a copy thereof, as aforesaid, shall be d'emed guilty of a misdemeanor, and shall be punished with imprisonment in the conaty prison, for a period not It ss than three months, nor exceeding or.e y< er. Sec. 8. No person holdlu? office under the government of the United States, or oi this State, cr any ol its cities, or wh> shall be in the employment or the commissioners of emigration, shall solicit custom for any transportation tins, or shall be Interested In any way, directly or Indirectly, in the forwarding of emigrants, under a penally of not less than one hundred dollars, and not exceeding three hundred dollars, ta be sued for in the name of the people of this State, and which money,when collected, shall he paid into the county treasury, for the usi ol tlio poor ot said county Sao 9 The penalties and forfeitures prescribed by this act, except os I* herein before etharwisa provided, shall be sued for and oollec'ed In tho name of the people of thin State, and applied in tbo came manner specified in th? fdr?vnin7 Mnlir.n. t*'r/wnk en 4nr n? ti.U uni- "nelios to the city of New York, where the ume may bu sued tor and recotcred with Ousts of fu t, b fore anj court having cognizance thereof, by end in the naiao of the commissioners of emigration ; end when to recovered stall oocttifOte a part of the tund and b i uisposed of la tbo ssnrn manner as commutation moneys now derived from emigrant passengers. 8co. 10 The commissioners of emigration shall anna ally make an 1 return to tbe Legislature wi'b tluir m nu -1 raport. nti alfldiT!'. in and by which tbey shall tea- > peutively swear or afttvm, each for himself, to the corrects ss of such report, and that he both not directly or indirectly been Interested in the business of boarding emigrants, In the transportation of ai.y emtgrmtpissengnrs through any portion ot tha interior of this country , or bed mads or received directly or indireotly, any gain, profit or u .vantage, by or through the put ou-^s of rupplies, the granting of any oontrsct or contracts herein. or licences, privilege or privileges, or the employment of any oOcer, servant or agent, mechanic. Utoraror other person in the business under the control of said "Commissioners. 8,-c 11. la cuss the moneys now appropriated by lew for the suppoit of the fcTarand smell pox hospitals at quarantine, thai] bs exhausted during the races* ?t the Legislature, tho commissions, s of emigration may use eucn portions of tbe commutation money collected pursuant to aot cf Mjy 5th, 1817, lor the support of said hospitals as the Governor, Attorney General end Comptroller may certify to be necessary for tuoli purpose. S c. 13. This act shell take effeoc iunncdtaceiy. Law Intelligence. Court of Afprsls -Ap ii 13-Present, Freeborn G. Jewclt. Chi'f Judge, lie ?Court opened this morning at tie visum nour .10, i-i w.s resumed, n.ia not cocciu tea when the oouit adjourned. Si'pnsmk Court?April 12?Present, Justices Caij, WiilM it end Kiraonds?No. 5 was resuiat-d urd onnclu Jed. Oa Friday the special motion colon dar will be t .ken up. 8uri:kioa Court?April 12? Before JcJg-t Sandford? ffm P Turiiii vi. lioScrt L Crook ft al?["hia wjs 11 a action on a promirsory note for $1000. it-was g: r.u 10 tice Croton Mutual Insurance Co. to secure premiums on oerlaln insurance policies c-lTeoted at the onuipan> 'a oflioej the company afterwu; da p.ssad it to tl.e plaintiff i'he d-fene-, waut ol oonsidoratiun. and that itia company were broken np r.0.11 at'.er the cove woe siren. Ver diet for plaintiff, subject to the opinion of tea court in baono. urtitkn States Circuit Court?April 12?Before Mr. Ju?llo? Ntlaou?JiknJacqoei vi Edward K 1C eir 4" Co. ?Xh.R was an action to recover $ll,b? 0, upon Uit following etate of laot*:?In the latter end of October, 1845, a man libera C M. Deter oaioe to tills cllv Irom New Orleans, bringing whh Lb-nan Introduction to too hou'c of the defendants, to wUorn be staled tnat bo had lu the previous fall rhipped from Vera Gtui to N w Oileuns ievetity-aiz parkagos ot cochineal huh fourteen of earrsparilia; that the same had arrived in this port by the ship Alabama, and requesto-i the defendants to take charge of it. end consign It to their corrospuniont in England, to have it sold lor Lis account The dote ideats accordingly paid the freight, and had it unladen and put on board the British b.irk Cosmo, Th-y then dee ? up a bill of lading, descr.hlcg the contents as 76 packages or orroons 01 cochineal acd 14 b.'es of tvrwpariila They also drew up e rnanif'St. 10 wh'oa it will (les ribed in the same way, which they oamcd l.> th? custom house and took ont the cleurauca fur the ship. Tiny next caused it to be insured in three intarance officer in thie olty, for the sum id $21,unit, end eonelgnxd It to their ootrerpondent at Bristol. In England. Two cr three days at ver the Coeaio snilei, the plaintiff alleges that deiendatits introduced Desuir to hiui, r.ud that, upon their otadit or reccninieudatiuu, l.e advanced htm il l,6b0 upon the bill of u.l'ng and policies ol innu.anos Tee Cosmo ariived ssfaiy nt Bristol', tbe cargo was unladen In good order, e-id was. acnordl- u to lnatruouonx, vivtn in cn irge 10 cirrus i Kinrn ? Ci? . carriers, to be sent by the Ureat vfestcr.i Hallway to Loudon, there to b? stcr< d at thr Keat India Dork, tor sale. .shortly alter lt-i at rival at iln ?aat India Dock, it W..A offvzeu for sale. and u;>m exauiua'ion of this*p?riila, It waa fuad to be all right, und toli for ?36 Itti !'-J sterling; but It waa otherwise with the cechiueal. Upm sampling that, it waa found to be n.- ItUor more to; tesi than 70 packigra of Indian meal, >iot north more than about half mo ftoiglit D/loir boa .invar liner bran lieara of, and the plain.itf row e-eks to rrooT-r from defendants the amount be advanced to l3?eoir. Oonuael lor tha plaintiff had cot got taiough wlln bis rTldenre *h?n the court a .journi-d Miillaird Co v. J a or, n s ?VerJiC t r be plalnciffi lor tho umiuut cUuuel, suhjeot to the 0{ iuloa of the oourt Cou?t or Otstsit 8k'9aiows.?April 13?Before Hroorder tioott, and Aldermen Frankli > ncd Las-ienoo? John McKeon, Esq , District A'torney. /lKS|t> iiimii t'orfoiteil.?Joseph (I Ilsrbronjii and Oeorje V. Karnum and Kdwurd S.nitU ludict<jd for fala? pre euces ; John Sini'h and John Salmon, indicted lor aasanlt and btttery, tailing to appeir when c*ll?d for trial, their reoognis*nces were dtclired to bo forfeited Tiiolf*r Pot it Laretny.?Godfrey Ln?rusaud Mo*es Levy w?ie called to trial on a charge ot stealing fi tr zn James Hamilton. Acquitted. .liioiher.? Frauds A!. Forbes was then called to trial on a charge o. st'ollng some books, tne properly of Pinlessor Bush. The jury la this case uteo fouuJ do aocnsad not guilty. He was again put ou his on an indictment lor stealing n nutnbei ot hooka from too A. er.osu B'ble Scolety, In whose employ he was at >hs tine. But tittle prcgnsi had been mude in the trial, whou the Oourt uojouused until to-moirow morning. Cot ar Calv no a a -T1 In Day Ci'ri u t Cm r. Nos 73, 67, AO. 39, 3d, 81,83, 83,84, 86,86, 67, 393 86,1-9,60, 91, 9*3. 93. St. St ]> r or Court- 01 19, 39 118, 133, Itl I 91, 166, 110, 149, 1,0 166,-3, 91, 89, 100, lt d, 131,9 I, 171 to 178 inclusive, 180 to 184, 188 to 196 Inclusive, 199,309, 301 I 303, 303, 206, 906 207, 2l8 Cuwwcit i'frai-86, 38, 64, .')6, 68, 60, 63,64, 66, 67. Lloyd's List glvaa tha following, undar d.ite of Jartey, March 16;?"Tha Chinese Junk Keylog, Captnia from Boeton for London, was boarded off the roast of Kranoe, and brought lu here to-day, with loss of boats, Mils, ko. and ona nan or tr board.'' / . / r RK H _B_ w B rn . -B I dORNING, APRIL 13. 184 Hcnrjr Clay's IllrUtriuy Festival. Tlie third annual fe?tival in commemoration of the birthday of Henry Clay, waa held last evening at the Apollo llooms, where were congrepated at an early hour, a large number of the friends of Mr. Clay. At half pist eight o'clock the doors of the dining saloon were throw open, and the crowd of waiting ticket holders rushed in, and took their places at the tables, six of wmcn were spread tor their accommodation. About 500 persons sat down. Theofticcrs were P. W. E.ihs, President, supported by the following Vice-Presidents: Meaora. Selden, Petrie, Peckham, Ward, Kingslnnd, Ridley, Blunt, Bradford, Sinionson, McElruth. At the sound of a trumpet all were seated, and the attack commenced instanter upon beef, veal, pigs, turkeys, chickens, ham, ducks, oysters, pies, tarts, etc., with ch^mpug le, mrdeira, etc.. to match. Nor too long a time was consumed in eating; and with due regard to the despatch of business; the President arose and read the copy of a telegraphic communication which had been sent tofthe Clay meeting, held simultaneously with this, in Philadelphia. It was as follows:? " The spirit of our caramon devotion to Henry Cloy, like the magnetic spark, it diffuies unity, harmony and Rood will, throughout the nation." (Reoived withi$reat applause.) Next came the regular toasts, in the following order : ? 1. " The oaaiitution of the United States ?The prraat charter of national liberty and human rights. Proclaimed by our fathers, thoir children will maintain and defend It " Music?"Hall Columbia." i " The Dav?The annirereary of tba birth of a patriot without reproach, of a statesman without superior, of a map without guile. Kver welcome, it will flad us, as now, mindful of its glory, and ready for its oilebration " ' Hall to the Chief " The president here read the following Utter from Mr. Clay. Asiilshd, 0th April, 1848. Gentlemen -I received, to day, your friendly invitation to the third annual frclival, in the city of New York, in ca&iuiemorttina of my birth day. I thank you lor It. I thank yon for the sentiments towards ins, which waul cattla'ir.y for me has prompted you to express, In tnnimiaing the invitation. And I thank my fsllow-clti^ecs for the distinguished mode which they havo adopted to testify their warm attachment and oon ftdence in me. But I must frauklv ray tiiat I do not feel that I have any claim to be 80 highly honored. I attribute it . ntlrely to the ardor affection of ray friend.*; b'.tt this does not lessen ray gioot obligation to them. On contrary, I reoiprjoate all their klod feelings with all my heart. If it would bo otherwise proper (as I think it would not be) (hat I should bs present on tho occasion, to wbloh I am invited, my remote dlitanoo from New York would be an iu?uper?lils obstacle to my attendance 1 do not regret this, e? 1 but recently had an opportunity of letting the Empire City. That visit forms an epoch in my life. The hospitality I enjoyed from all parties, the tbrillteg scenes of delight through whioh 1 passed, and the enthusiastic mani'ostations with whlon I was so lxludly received and so generously tieatod, are still fresh in my grateful rcoollectlon, and during life will be ever faithfully treasured up iu my bosoni. No ltugutgo can adequately describe the extent and force of my great obligations. Oentlemnn, I with you all possible conviviality, good oheer and harmony at your proposed celebration. With the highest respect, I am, your friend and ob't serv't, rf. CLAY. Messrs A. W. Bradford, James R. Wood, M. L. Davis, committee. The reading of toasts was then continued 3. " The man whose birth makes this day glorious? Thankful that time does not diminish his worth, or power, or f-ine, we pledge our fsith that it shall never diminish our unyielding devotion to hln." (Here's to you, Harry Clay.) 4. ' Our '.ouutry?A proud monument, amid ths convulsions of the old world, of the capacity of the peoplo to govern therm-elves, Let despots look and tremble.'' (Yankei Doodle) b " Washington " [Drank itandlng and in silenae.] (Fountain of Liberty.) fi " Tha ha'toxcd memory of the Patriaroh of the republic-the Patriot, the 8ige, the Statesman? Jobn Qvrincy Adams." [Drank standing and Insitenoe ] (Rest Spirit, Rest.) " Oaly the actions of the just Smell swret, nnd blossom In the dast " A letter from Martin Van Buren was then read. Like Mr Clay's, we give it entire New York, April "t'u, 1919. JIrrtucmrr? 1 bare had the honor Isissdrs your polite Invitation for tlis 19 tb Inst, aud tbank you very smoerely for tbe obliging term* in which you hare b?ea pleased to couimunievto tbe wishes of your aswetetes. 1 hope to be able to learo the o'.ty before the 19th. but candor rrquit-ss me to add that the position in which Mr. Clay has bren planed by his friends In reletion to tbe p'mliog canvass for the Presidency, wilt unavoidably attach too uiuch of a partisan cluraoWr to your festival to permit me to participate in it consistently wit h my views of propriety. Tu* rule I have prescribed to myself In su-h matters, would itiduoe me to decline an Invitation given, undar like olroumstanoee, by my poiitloal friend* I do not, hoxiver, regret tbat your politeness has made it proper for me to say, that you do no more than justice to my fecl'ngs in assuming .that tt.ey deserve, the eoinmandiiig teleots and manly frankness which have su often bjen dlspWyad by your dls I have sufficient candor and liberality to reoo<ut?s those (hamcloristici in a political opponent. To you. who the matter bo well, it would be oupeifluous to spank of the very wide difference of opinion wnloh ha* for so many year* existed, end d.">ee rtill exist, between Mr. Clay and myself, in regard to almost every public question Uut wc are fortunately too liberal to eutI far sooh differences to atfect, injuriously, our personal relations. It vculd essentially diminish my self resptct to believe that 1 am capablo of cWlmi g, as I always hare done, ths utmost freedom of opinion for myself, and tin| just enough to deny the same privilege to those who are opposed to me. To embitter the few enjoyments which public life affords by an indulgeucs In a sentiment so contracted and illiberal, is a weak net.* which it is ray happiness to believe 1 have been n* free from as tho infirmities of our nature will permit. My personal relations with Mr t.lav of a T?ry friendly character ; and I have witm-ftood the reco&t demons:ratious of personal regard and political devotion, on the part of his Irlenda tu this city, with no othsr feelings thau those cf respect. A determination so earnest and unyielding, to sustain ?* long as publlo station is agreeable to liirn, an aged staterman wbo has spent a larg? portion of his life In uphol ling principles wbi h those who exhibit that determination, regard as having ths publlo good far their obj*ct. Is a demonstrations at r ace honorable to those who malts it, and well c.loulati d to instill into the minds <f the young men of the country, higher And purer motives for political action than thorc which mere party warfare too tf on idicifr. 1 tm, gentlemen, v?ry respeetfnlly, Your obedient servant, M VAN BURF.N Messrs A. M Bradford. James U.Wood, M. L. Davis. Hon Dudlt Skldsv responded in the lollowiDg words ?Mr President and gentlemen, 1 certainly did not anticipate, when I came to this room, (pop! guggle, guggle, from a chunp.goe bottle.) to-night, that I was to be called upon to take eo conspicuous a part in tbi entertainments -I tin evening I supposed i was to be a silent guest; bur I am glad sines i have besn called upen, that it has occurred. Alter ths reading of ths letter just laid before this assembly, (pop), I think, as a whig, (pop), os one of the Inendi of Mr tllay, (pop, pop ) wo should feel proud that the man who hae held the distinguished nnei*Uv> tehieh M. Uan n.V.... ahn..M ? ulcata a letter of that character to this aisembly, (nop, guggle, guggle;) n litter which, in itself. shows the snutimeuts, (guggle) that a men, while be differ* rrem othrrt, fads tnat others rony differ from him, tod behourstin th'ir NaMlIlM, (pj(.)-n uan wliu o?n appreciate In a political opponent, talent, integrity and high character, and who Rat the courage to avow It In tQ3 faca, not only ol hi* friend*, but of bi* enemies (Top, pop; guygle, guggle.) I mean those who ara politically oppesed to htm. 1 ray, therefore, that I am clad to bn called upon to respond to thla letter?(pop) ? beeaus* 1 think that Mr. Van Bureo is entltlod to tho thanks of all < t h|l||if)?for the communication be h is made, and wbleh lice just hem read (I'op, pop, pop.) Bat I will not etcp here, in time* past, those who lor a length of time hive beuu in our pell oal eon'rover*i"i have had their hearts diiucted against this distinguished indlvlluil; but for myself, I say?iguggle, guggle)-that since the year 1841 1 h ire looked upon Mr Van liuren with the greatest respect, and, I may say, admiration lie was willing to prtscnt himself in opposition to pubito passion, and to jluc* himsrlf in a position in which he might be sacrificed by hie party 1 allude to his letter on the sulJact of the annex-itioa of Texas. (Applause ) (Pop, pop, pop, guggle, gaggle, guggle) He knew a: the time he wrote that litter, that he was to be selected as the candidate of the grant dr.moorstio party He knew that without presenting himself in opposition fil (liti l.iiiM>ii? t*\lil nlnna stt hla Run vkrtr /w\ r? ~ ~ ....J. .1-s v,? .... " " ? P?'?/ VK"K) pop, pot)?ho would be their candidate fur the pre tJeuoy at the DaKiinors Convention, aud yet, notwillitaudlng the mighty s atiou to whloh ho might b? rlcu'i l he vc.ili.ig to come forward and huxird tire presidency rather than become u p.rty to a biovem?r t which he eupposrd woul 1 be dniiuotive to the g^at internet* of tie country. (Top, pop, pop ) I say, the r?fo:e. gentlemen, thnt I not glad that ttls letter baa t>>ru read, that this eoinumuicattcn has made; and although we may, and it is as ltk' ly at earthing, be oalltil on to oppo i e this distinguished Individual at 'he no*: canvass, 1st us do him jusclo*. far ho has been witlit'lt to do Hemy Clay justice in his lotter to us. ( tp piaueo ) I would, then fore, without drUinirg you ask of you, that if it is in aa. ordsnoe with your aritingemeets, we give three hearty cheers for ox-pn-rldsut VauUurvn. Nino hearty cheers wero thva given fur Mr. V?nDitrrn The seventh toast was then proposed an S drank, after wbtoha letter from ox-Onvernor steward was read.,and also one from tha Hon. John M. Dotts, and one from the Hon It. W. Thompson The reniaiuifig teas.a were: ? 7. "The Army and Navy of the United States?Their deeds are their beet eulogium. The seeret of their triumphs the monarebs ot the old world ahj explore, but [ERAJ 8. cannot discover. To the people It le dear aa the merlillan aun " ' Star -Spangled Banner." 8. " Peace?the policy of Waahington. May It ason return and abide with ue forever." " Waablngton'e March " 0. ' Our countrymen, aacrlfloed by thoueandsin Mexico to grnt[fy| an nnballowed ambition?Among them, none more lamented, none more juatlv honored for peculiar noblei-.eaa in death, than Henry Clay, Jr. We will remember nnd avenge them In November." " Bold Soldier B >y." 10. " The National Convention abont to aaeemble at Philadelphia?We aey to them emphatioaily,' Be Juat, and fear not' " " Come, oomo, true Whiga all." 11. "The llepublio of Kranoe, and the move menta of the People throughout Kurope?May they profit by our example " >inrnwmru nyuiu I'J. " Popular Nominations.?When the People leadjpoliticlans must follow." " Freedom's March " 13. "The Ladies-Like the sensitive plant.^shrinking from aught Impure?they appreciate the Integrity and moral excellence of the Mage of Ashland. Let not tho strong despise the counsels of the week." " Here's n health to all good lasses." Damiel. Ullman, Kiq., was then introduced to the assembly by the chairmau, and spoke as follows. Mr. President and gentlemen?On my return, to take up my residouoe, after several years absence from your uoble elty, it Is to me a satjsot of peculiar gratification that tbe first opportunity I hare of presenting myself before my fellow cltlziDS, Is that on which the anniversary of the birthday of the most gallant statesman that<tod ever made, is to be celebrated here in the nlty of my adcpMoo. (Applause) Ointlemen, 1 see Now Vork under peculiar olreumstauoes. Hho was always great, but I find her greater still. She has always been at the head of tbe commercial prosperity of the Western oontinent, and I find her still In that poeition A wieked government, an imbcoilo government, has tried to crnsh the prosperity of the country, and in doing so, to crush tho prosperity of New Vork. Fire, in 1B35, laid prostrate many of the noble warehouses. In 1845 the same desolating element passed through her streets. Cominercisl disaster abroad visited her with its mention, and yet her indomitable energy Tstands above it all, and aha llses from disaster as it It was to acquire new strength and new vigor. Hr.r public buildings rise, her churches with their towers aud splrre point to heaven for whom they were built, her publio charities extend a broad band to whomsoever may command it; aud 1 find her tho same New Vork, the same glorious oitv, prcudby h?.r position and noble by her commanding influence, supposed by tho ouurgy and Mattel if Her merchants, sod ready to rise to tho throne of tbe oommernlal world. And tbli city has not only lis business relations, it has not only its moral relatione, hut it lies also its polltioal relations. This beautiful city, unwilling to enter into any new political schemes, standiog by its own principle, una believing that a candidate for the presidency of (he United States, may be aeleoted from than whose principles arc not known-those whig! who, under ail oiroumatano?s of disaster and triumph, in oloud and sunshine, this noble band of patriots who from year to year, whether they were able to place in the ohair of State, at Albany, e governor, or a president at Washington, yet always reedy to stand by thoco principles which they b-lieveare at the foundation of the welfare of the country. I And these whig* till in the same plaoe; anohorsd f?at and solid on the rock ofprinoiple. (Applause.) I see others willing to ruu after strange gods, In strange places; but I And the whigs of New York, against all inducements, all seductions allV?.-tr* faiui, and false Ares, still standing by the position which they ever have taken, and bo matter what winds may blow, will stand by him whoso principles are tbe principles of the American constitution, the principles of our sires of '76, of the men who, in '89, sixty years ago, established that sacred chart of our liberties which is now becoming the boaoon Arc of all the nations of tha earth. (Applauee ) Gentlemen, It la supposed by humble man, that great principles do divide tbe two' great parties of the United States (Top, pop, pop, gurgle, gurgle?er) It is supposed that there are some great controlling principles which one great party la the United States consider necessary to tha welfare of this government, and that there are other great controlling principles which we, the other party, consider as absoIntnlv necAnnarv to the found nroorress of tha cnvei n ment which our fatheis established, and wo ore therefore jealous when we s?e any party of ourselves or any other party comiug forward with a candidate for the presidency ef whom we know nothing at all (Pop, pop, and ories of good.) We desire to know whether a man is flsh, flesh, or fowl. (Good, good.) We desire to know whether a man U cheese or chalk ?(laughter) ?and if we sit dov.-n at table, and a rabbit is put betore ut, if we oat of it, we don't want to find afterwards that we have to digest a oat (Uproarious applause.) Gentlemen, the men who, in the year 1778, met together and established the constitution were wdse men. (Pop, pop, gurgle.) They were men of large* practical and good oommon sense, experienced la the ways of the world?they looked bofoto and behind, were fully acquainted with the history of rhs past, and with the character of their fellow-oitizens They established that grunt chart of our liberties, and the result has proved their wisdom. Scon after they established that constitution in other lands, in la telle Krsnoe,?Kranoe?beautiful, glorious France, ?they deeiring to Imitate that example, met together and produced their first constitution, their moond constitution, and during the course of Ave or six years, they had their Ave or six constitutions, (guggle, guggle, pop, pop, pop,) whioh all ended In military despotism; (pep) but the constitution which George Washington, James Madison and their associates established (guggle, guggle.) now, alter a lapse of sixty years, has stood Arm as a tock in the middle of the ocean, amid the storms that have since been developed, and ws, gentlemen, white other natlOui. rocked to their centre, while all Europe Is In a state of revolution, ars called upon at such a thne, to raise to the highest pclut in our xr>\ernment a man about whom .whatever may bs his other merits, which certainly are great, and to which we should accord every honor and triumph, yet who avowedly knows nothing, by Ills own corfeseious of the constitution of the United Btates, or its prao'leal experience in this oar lend We are oalled on, in the midst of the atorm which ia now endangering our country as well M other lands, to set aside the only pilot in whom wo hare oonfidmce; the only man whom we know to bare proved himself capable of weathering the storm, and take in his stead a pilot who, by his own (letters, "declares he knows nothing of the shoals and rock* on which we may be oast. (Fop, pop, pop; gaggle, guggle ) Gentlemen, I will not detain you longer. 1 have only to say that, in full accordance with the subjeot which has drawn you together, you have my hearty and frea concurrence in all the sentlmrnta which hava beau oxpreesed here tbisarcuing Mr. THuonoBF. E ToMLimo* was then loudly called upon, and tddWS?d the assembly In a very elo ;uent ami able speech. Mr. l'r?sld?nt and gentlemen?Slight, almost severe indisposition, makes tne unable to coino up to the measure of your expectations or the measure of this great occasion, bat la the language ot thateuth toast, which has just been drank, let ue say to the national convention, which is about to aseembie at I'nilndelphia, " Be just and tear not " Lot us say to tho msrohaut princes of our city, to the men of tile nation-lit us ray te the aristooracy, to listen to tho voles of the people coming up from the great masses of ths democracy of the Union, "to bejta' and fcer not " We are assembled, fellow men, unusually ana extraordinarily ass mbled, to oslnhrale the r.atal day of a who hvee, who has an existence, and who stand on the bmad republic of our country. It is usual to celebrate the birthday of men after they hive died, and It Is unusual to bring the choral strain ou an ooottion of festivity to oelebrate the living. We celebrate the birthday of the dead; but we Ij this repubilo, we Henry Clay men, deeirous te deprive posterity of the enj .ymei.t, are anxious to proclaim to the republic that we bless him while he lives, because he was born on the soil and illustrates the true American character. Why do w* cilebrate the day of h'.?birth? Why do we meet on this reoasion to giyc to him the welcomo that bo was born on tbiased? It is became he ia an American; not In the narrow sense of tire term, bnt in the enlarged SdMt. American spirit prevails throughout the great ext?nt of our land, and it has tanght the despots of the East, and has prevailed In the capitals or Europe I say that he ia an Aiarrican; l-ot beceuio he was bora on American s.dl, hut I 'ay that ths Irish boy, the young Krenchmsn, the 8arlls?r on the Alpi is an American as Ion r as he llirbts the torch of freedrm I and breath a prayer for the democracy of the world Thay talk tf the manifest destiny of the ago, of the spirit of tbe age, of the Aoglo-Ssxon raoo ; but I tell you there is only ons claes ol men tbat strikes for freedom, and that ia American men There is only one spirit, and It la American spirit; there ia but one philosophy, and that is American philosophy. Our ancestors, when they orn?s?d the ocean In a perilous l ark, wers provide J hy Providence with a country th it had been untouched My despotism The trees ot the foreetgrex over tbo relies of a part and forgotten race, where a wild and a simge foe ran after the urer, and followed the eagle, but it was left for thru, Imbtud with a new and American spirit, to plant the altar of freedom ou this land; and where the savage raa after tho deer, wo have built the church, and stiuck through the hroad extent of our Union a note of freedom that wilt sbak > tbe ion bound throne of tho imperial Cz sr. Tbe speaker then deiiverod some eloquent romarks on the character and past services of Henry Clay, whieh were reoHved with great enthusiasm. Wo regret that we havo not loom for them In full. The assembly sepaiated at a lata hour, all well pleased with tho evening's entertainment Political Intelligence. Riiook Island Ki.Kuriov.?Tho returns from all tbe towns,except hxater, bavibg been received, show tho following r>?ult. Harris, the whig oandidate fur Governor, has a majority over dacket, the loocfooo can 11date, oi 4,147; ovtr all, 1,710 The General Assembly will stand Il'/iig. Loco. Mij. Senate Id II ,1 House 41 -47 14 ' tit) 40 40 j Add the vote of the Lint. Governor in the Se nate, | . nuking the whig majority in that bed/ 0, and In joint ballot 41 Mass vcnt'ir.r ti - Si t rn District ? A convention of . the whig* of tbe 6th district was held at ."Northampton I on tha iith Inst. Hon. George Asbmun, was ohoeen | * delegate; and Daniel Walls Alvord. Krq ,of Greenfield, | substitute). Mr Alvord was present at the courtntion, and declared his Hist choio# for the Tretideucy to ba ' Daniel Webster?fprintflild Rof iiGieirn. Woacasr ta Citv Elkctio* ? On 8.tut day la t the p citizen's ticket was elected. This ticket was nominated without regard to party, end consists of five wblgs and ' three democrats for Aldeimen. Gor. Liaotln's ajsj' rlty 1 for Mayor, U 160, t LD. - ? ? 1 " " "-n Mm two Casta. Theatrical tnil Dlmltal. Italiar Upkha Compart.?" LuorezU Borgia" attmeted laat evening, a large and very fashionable aadleaw. The respective artUta were all In ezoellent vote#, and we have eeldom witnessed such enthusiastic cheering throughout the whcle performance. In tha aeaoni scans, ftlgnorina TrufH sen* Afen/re game {'I cor some netsowitn a sweetness anl brillinooy of ton* which cams thrilling to the eoul. The finals of the flrat aet wa? given wltli the grentest h?rmony ; but the crowning feature ot the yetting wee the trio between Luerezia, Usnarn, and Alfonso There was euch exquisite unity and harmony in the three voices, that the most rapturous applause followed its execution, and continued until It was repeated. Bsuedetti waa never In tetter aplrtt or voles, and ths cheers he received were justly merited. The duett, at the end of the second sot. between Lucreziil and Oenaro. nvldeneed the ntmoet aniens* in nro duolng a sucoesalcn of ?w?t sounds, whioh broke upon the eer In iuoh harmouio melody that the audience continued oheering till they appeared before the o attain,when the wholn bouea teetifled their approbation by loud cheering. In fine the whole opera waa well performed, and all the artists sustained their respective oharactere entirely to the eatiafaction and delight of a decerning audience. This evening, the grand concert come* off at the Tnbernaele, when the whole tronpe will appear In Verdl'a eacred ope-a of " Nebuchadnessar." and they will abo eing several aria*, rondos, and dnetta, from Donizetti's, Hoeinl and Mercadante. If tha evening be flue, the Tabernacle will be orowded, we are persuaded. If a light ballet wcra introduced between the nets, it would he a very wlae step for the management, as it would much enliven the evening'a entertainment. We believe the graoeiul and aooompltahed Augusta is in tha city. Bowery Theatre.?This house will re-open this evening. We have already mentioned the fact of the great:improvements and splendid manner in which it has b on titled up during the recess. Not only has the house been thoroughly renovated, but all the stago arrangements, scenery, properties, dresaes, decorations, &e., aro new,'and of the most beautiful description. The company engaged ere ail favorites of the public; and the pieces whioh will be produced will, no doubt, be brought out with all the splendor whioh a theatre thns amply provided a* the Bowery is, can give. The Segnin treupit, ulwaja very great favorites in New York,are engaged, and they will open the performances to-morrow evenlns: in the beautiful opern of the " Bohemian Olrl," with all the original musio The second piece will be the ballet of " Nathalie," end Mis* Julia Tnrnbull will be the Nathalie of the evening To eulogi** her danolng la unnecessary; abe if too much admired here to require praise. Tbi* profnaion of flrat rate attraction argue* well for the future oareer of the Bowary. Here In on* evening wo bave Mr. and Mr*. Seguin, Miss Llcheneteln, (a pupil of Mr. 8 ) Mr. Gardner, Mr. Saner, a full ohorua and oroheatra in the opera, Mlia Turnbull and a full car/it dt ball?!, in the ballet of ' Natba'ie." Surely no ono conld require a mere brilliant bill. The bona* will bo crowded to Its utmost oapaolty, we doubt not. Chatham Thkatrk.?The beautiful drama of the 11 Dream at Sea," was the first pieoe at this house last evening, Messrs. Bass, Hleld, Varrey, and Wlnans, and Mosdames Jones. Booth, and Isherwood, taking the principal parts. To say that it was well acted la acarosly doing justice to thess talented comedians, who all seam equally at home in any part they may ba cast to. Indeed, the stock company at the Chatham la a truly excellent one-juat the thing that the public have been so long orying out for, viz: a company every individual of is an aotor or actress, net two or tbrse good aotors linked to a whole stege full of stioks, by way of showing with how little assistdno* they oan get through a piooe. ' The Spirit of the Waters" was the second pteoe. This epectaolo hps been eminently suocessful at the Chatham. The management were liberal in tlielr getting of it up; the scenery, dresses, and deaorations are all new, and a Urge corps of supernumeraries, well aocustomed to stage manoeuvres. buro added to the effoot of the scenes. Tho g'ntlw Undine, that most exquisitely beauMful creature of German romance, Is weli played by Mrs. Jones. 8ome oriflas have complained of her being too sent! mental In the part; but we do notarree with this opinion at oil. Undine was a oreatnre of moit refined seatimont, and sho ia floeljr represented by Mra. Jonea, who, by the byo, ia aa axoelient an aotraaa aa many who make more pietenaiona than aha doea. The farce of" Sketches in India'' concluded the evening's bill. The house was orowded, and aa long as It is managed In suoh an agreeable and genteel manner, we will venture to predict a continuance of Its present highly reapcctablo and very aartawsWe patronage. To-night the entertainments will conaiet ct tbn " Wreck Ashore," " Lend me Five Shillings," and " The Spirit of the WaUrs." Grand Conckrt by tiic Italian Company.?The Tabernucle this evening, will be orowded In every part, we expect, as tho grand concert comer off there. The season for conotrti la nearly over now, and the present one by the Italian company, will 'undoubtedly be one of the flats: yet given, as the whole company, orcheetra. cborus aad nil, take part in It Verdi's saored opera sf ' N?buchudnexzir," axd salcoilon from thecompoiitioni of Donizetti, Meroadante, and Rossini, Is the music which will bo surg. Much has bean said and written regarding the Italian oompany now here; some prefer one member of it, eome another; bat we believe that all parties are agreed that we hare never had a better oompany among ix;*nd this movement of giving oenc?rte, we believe will be well met by mnsieal society In New York. Many, who would on various grounds object to tho expense and trouble of visiting the Opera, ean take the present opportunity of hearing,"Nebuchadnezzar" at the Tabernacle. The orchestral leadership is In the hands of lienor Bartli, aud the whole ooncert will no doubt go off in tho most brilliant style. Christy's Mipiitbkls.?Klection tlms is over; the excitement of contending parties is at an end, and those who are beaten have got to make the best of their inek. There is bilm in Ullead, however, for them and all ethers are down on their luok, fur if they only attend n ooncert of the Napoleons of uegio minstrelsy, the Christies, they will fo;get all th-ir disappointments In listenlcg to the sweet singing of this harmonious band. They serve as an agreeablo relaxation from the cares of business, aud the wearied mind will dad rest and amusement iu listening to them. mstnoronitah Mirsthklj ?Austin riiillip is the musical director of these uiintiirelf, and from his thorough acquaintance with music,and the testes of the public, there is no doubt that hr will suit them to a nicety. His troupe is composed of lino performers; thrlr list of songs is large, and comprises all the new and favorito clecus; thsy are genteel aud refined iu their wit, jokes. Sic., and, altogether, are a first-rate company of Kthlo j.iuu singers. 1 uey pen arm ai upouo mu w-morruw evening. Banvard's Panorama.?'This most m&gniilcent work of art faiitl monument of perseverauce Is being viewed by thousands of our citizens and strangers in the city It pourtrais in most sccurute style one of the most interesting portions of the Union. All ought to visit the panorama, and son with their own eyes what American energy has been sbie to do. Mri.oukon ? This bouse seems to suit the wants of a multitude ns to a plaoo of amusement. It is conducted in such a genteel style, and the,singing, ta . Is so oopital, that those who visit it are sme of being well amused. i'i Bsoa nw a v Odkon ? Orecly.the manager of this place, is n knowing fellow in mutters el vt.taction, as he manages to keep the O Jeon lull every night. The animated pictures t.ko amazingly. Sablk Brotukr'.?The people of rutersot >T to be favored with theso singers' must'; They ought to putron'ze them well, as .he .>.;b.o tners ere a first rate company, and most admirable singers. O ld Fellows' Hail is the place where they will sing lloord of Supervise re. His honor the Mayor, pre?i Jicg. Arr11. U. -The minute* of the praoeding meeting were re.itl and approved. V't fioat from sundry persons, for remission of tazes. Uefei red. Hills -A bill for (14 for printing was ordered to he pal 1. .No other business being before the Board, they ad jourrred until ; utnrday at 6 o'clock. Firk at Lrrrt.ii Fai-ls ?Our little village, which has beeu lor some years past so generally and happily exempt trow t.ho ravages o( fire,has at last yielded a tribute to the devouring element. Abcut 4 o'clock this (1'uneday) rubrniug, after oar vhole edition of this wee'i's Frtr man h?d becu printed, afire broke out In L). Koetei's shoe shop, eitcated in the upper part of Wm. Usher's bat and cap store, in Main street, and in a few inmieuta the entire ioof of the brick block owaed by Mossrs. J Scullen, W Usher, end N. S. Benton, was in tilines. Our citizens rallied witlr alacrity?the fire englues, ladders, buckets, tic , were promptly put in rsgnl itlon - tho store* on the ground doer were cleared of their contents as far as possible, and every rtore made tor the rescue and protection ot property. The air waa fortunately oalm, and through the unremitting exertions 01 ine nremeu tt, i ointr euii.*u', tor ?um? %"u uvun, the deittuotlon was chiefly confined to tho brtek block above mentioned, and a small bmlllng on th*e<LH,oocupiel by W A Davloe, hs ? watch and jewelry chop, which were wholly destroyed. The grocery etorc of J. h > A. Kester, on the oae eld*, and the watch aaj jewelry eetabllehmeiit of N. O. Helton on tbe other, with the office or W. Brooke, Esq., overhoed, and K. Adams' bookstore an 1 bindery vJj .iniog, were, however, a good deal it jured, a 11 considerable aamaqe sustained in the removal of good,"* Tho brick building wee oooupied ae follows : ? West end-- 1st floor, Samuel Lackey, dry goods store, stock partly saved, loss $A(tO to $1000, no insurance ; ill Hour, fioat. George Entity's barocr shop,total loss ; II. Nellie' Ml lard room In the roar, no particulars; building t>wu?d bv N 8 Bentcn, tusured for $1000 tenlor?1st floor, W. Leber, hat and cap store, goods mostly laved. I> ured ; J J II or, front not ooeupiej ; rear, C. 4am**n tailor ; building owned by \V Usher, Insured M JCO East end 1st tl or, J. H. Bucklin, grocery store, on of goods f too to $tJ0t), no lnatiaace; Jd floor, front, I Adkms, hsrb.'r, almost total loss ; rear, J. beui so, lra;cr and tailor, lose $301) or |40tl, insured; building, I li. Bur Alio, owner, li.surrd $1500. W. A. Davits, vetch shop, adjoining the above blook on tbe east, lots >JOO, no inlurauoe.? flerkimtr Fritman. An Eartiii(I akk in Ohio?We learn trom the Zati'teiIII Cettntr, that tli* shock of an earthquake as distinctly twit by the oitlsens of that piece on the Lh inet. The Norwslk (Ohio) Htruld also leys ? ' About eight o'clock lest Thursday evening, tusre vers two suooeeeive shocks of an oerthquako, semi thing ike ten minutes time Intervening, whieh shock the louses ysry sensibly In all porta of the town. J 9

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