Newspaper of The New York Herald, May 31, 1848, Page 1

Newspaper of The New York Herald dated May 31, 1848 Page 1
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> % m Tx 1 JljL . Whole Mo. r.lll. Public Meeting for the Rnllcf or M?a<r*. KJpp mid Urow la accordance v. itli a call, signed by a large numb< r of our rvspectable citizens, a meeting was held last evening in the Tabernacle, for the purpose of ,J| devising measures lor the relief of Messrs. Kipp ' ai and Hrown, proprietors of the Chelsea line of stages m| in this city, whose utables, with upwards of one we hundred horses, twenty stages, and a vast quantity ho of feed, hay, cVc., were destroyed recently by fire, of The following named gentlemen were nominated "J and elected to preside 011 the occasion: j qu FuiiBtNT-WM. V. HAVKMEYKR 00 Vice 1'RKtiDr.Tw*?Andrew li. Mickle. Caleb S Wood- 1 Wl I bull. Egbert Benson. Daniel C. Pcntz. l)avid C. Colden, Cornelius W. Lawrence, Zebedeo Iling, Abraham K. ' ve Lawrence. Mark Spencer. Gideon 0>trander. Theo. F. I Kecor. Henry Brevoort, James H. Cook, Thomas T. 01 Woodruff. V\ ni. V. Brady. James Harper. Clarkson Cro- | atii liuc, George Law. aj Secretaries?James D. Greenman. John J. Herrlck, CharleB Webb, Helmus M. Well*. ?. llaydock White. ! u Henry P. Wanmaker, William B. Mecch, James Camp- j di Mayor Havembykr staled the obiects of the ; te meeting' and said he was led to believe, by the : th large .assemblage present, that the conflagration of I Messrs. Kipp and Brown was looked upon as a public j ll) calamity, and in view of tho usefulness of the enter- J cr prize in which those gentlemen were engaged, ho had | tj, the best reason to believe that they would receive the sympathy of a generous public. ln Hop. Daniel F.. jjic uu offered the following resolu- 1" I tionhi Whereas, The large establishment of our follow townsman, tb j! Kipp &; Urown, tho well known stage proprietors, was destroyed U by tire on tlie morning of the litith inst. ; and whereas, on that 00- m ession, they lost by the burning of their carriages, horses, harness, 0( uad building'', more than $)SO,OUO, whereby they have l?en sud- ,y H denlyprostrated; and whereas, their exemplary churaetcrs, as , citizens, always ready themselves to extend a prompt and gene. P> rous hand to the unfortunate?their enterprise in promoUng the prosperity of our city?their honerable public spirit, in contri- th outing tlie use of an extensive lino of stages on so many festive no occasions, and for the benefit of nearly all of our municipal ehari- u ties?merit from our city, now that they have been struck down b>mi overwhelming calamity, an emphatic and substantial effort ' for their r-: ief. Therefore. U] kcHolvuil. That this uieetlns. crofonndtr svmnnthizing with M * Messrs. Kipp ii lirowu, in view i>f llie great loss which they hare li sustained, invituH the citizens of Now York tu co-operate with u the snflupsrs iu a united and general effort to relieve those gentle- ' men ir?ui the iiuuiediat? and pressing embarrassment* which , have attended their misfortunes, and that for this purpose, as " well ns to enable Kipp & Brown to re-establish their old and po- 11 pular line of stages, we will, to-uight, contribute such sums as vi may be consistent with our means, respectively. b< Mr. Sickles, iu offering those resolutions, adverted j? to the particulars of this accident. The fire occurred \< on llie 'JOth inst.. and at one fell swoop prostrated those j, goutlemen from aflluonco to ruin. Their stables, and tl other property, wero destroyed; and now, he was C"ing to say. tliey were thrown on the cold charities of ]? the world?but ho would say. on the sympathies of their fellow-citizens. It is a source of pride to know, that if w a citizen, who has, in his career, assisted tho distressed, w and relieved the wants of others, is suddenly re- fo, duccd to poverty, thousand hearts will come for- iE ward and sympathise with him, as .it is on this tI occasion. At this lire twenty-five stages, upwards sc of a hundred horses, nine buildings, a large i|uantiiy of feed, several workshops, largo quantity of material for the construction of stages. Is and other property, to the amount of $00,000. p Were destroyed. They were insured for $10,600 which j! willonly cover tho present amount of indebtedness, leaving thorn penniless. It is for this meeting to say. T what shall be done for tho sufferers. Hundreds of hands bi have been extended to them, and the Broadway Thea- .. tre. the lAinerican Museum, and a corporation eveu the Harlem Railroad corporation, have come forward ui and tendered their succor. Thus corporations which w are not recognized as having souls, are au exception in this instance. We have beard for a number of years. nl the cry "Kipp fc Brown, right up;" but the mouths which uttered the expression, are now closed; and it st remains to be seen whether they shall be again opened, and we again hear the familiar cry or "Kipp & Brown, w right up." The speaker then passed an eulogy on tbo J( public and private virtues of the sufferers, their charity aud their liberality, and said that yesterday he was . informed of one of their standing orders, to wit: that ^ when a sister of charity rode In their coaches, tho drivers were never, on any account, to accept a cent from ^ her. When the news reached here of the famine in ^ Ireland, they set apart one day's receipts of thftir | whole lino of coaches for their benefit. Mr. Sickle* w concluded, by paying a tribute to the enterprise and p< integrity of .Messrs. Kipp Si Brown. Mr Whitney was called upon, and addressed the n) meeting for ft short time. He adverted to the past ca- p| rejr of vlessrs. Kipp & Brown, and attributed to them, in a very great measure, the rise in tho value of property in the upper part of tho city, by tho enterprise ^ which they have invariably exhibited in conducting pl and extending their business. He DIAdo an eloquent appeal to the meetiug, to come forward and relieve tho sufferer*. '! The President then read a letter from Mr. O. N. Christy, the leader of the band of songsters known as ' Christy's Minstrols. containing oue hundred dollars. and an offer to give tho whole receipts of his company of negro mlustrels for one night, for their benefit. The following is a copy of the letter : ? Ratiisi'Vi Hotel, May 30,184S. IU l"l viiaihiia.-i A-?I> WIJI mi l ).f? iur lire jmi of means to alleviate thu misfortune (attained by ,1 Mouth. Kipp Si Browu, by the dcstructioa of their property, oil Vl thu night of the liutll iust.:? ^( GBNTLKMKN :? My profusion requiring my i<ersonal attention, it it not in my inner to attend the meeting of tlio titner.s of New York, tnle V no id at the Talwrnaelc eveuing, for the purpose above named. Ft log Byflclf indirectly ui.der uUigatiuus to lkML Kipp & Ur n n. (as w 11 as others engage 1 in their ooenpation.) lor the advantage derived in my business, through their enterprise, in afford- ci la| . mm'lUtion to the p iblic. I have taken the liiarty of en- t) eioMi g oue liuudred doliars, as my initc towards a share of their very gie;it lou?which you will j>.eisc dispone of for their benefit: and at the natue time, I beg leave to proflVr the services of myself hi and company, if it should lie deemed advisable, at any timo their %| service* may l>e required for the furthentnee of the object named. With the hope Wuii the exertion made in liehalf of Messrs. Kipp Si Brown, by the citliensof Naw York, may result in restoring a luiri of t.,o.r losif, is the stneere wish of the public's obedient ser- w vant, E. 1*. C'H MISTY, 1,1 Conductor of Christy's Minstrels. ( Am soon at the reading of this letter wan finished, three hearty round* of applause were given by the . meeting, all contributing their testimony to Mr. Chris- ' ty's liberal donation. After the applause had subsided on the announcement of Mr. Christy's contribution, the following letter r? from Mr K. S. Chanfrau. proprietor of the Chatham a' Theatre, was read, which drew forth tho most enthusiastic applause: (>( To tin: HON. MAYOR Uavkmkver, Sic.: fu Ucutlemcn?I'lcaae accept the tender of a full benefit at tho ci Chatham Theatre, on any evening you may deem proper, to u Mcwra. Kipp St Briwn, as a mart of my sympathy for their groat lois by tire. With respect, yours, Sic., F. S. CHANFRAU, Proprietor. ri New York, May .K>, It was then announced that on Wednesday evening, the 7th of June, there would be a full benefit given to Kipp & Browu by Col Mann, at the Broadway Theatre, and the price of ticket* had beeu net at $5 each.? j"! This was also recoived witli general approbation. ^ Ciiaiu ?.s|\V miii, Esq , stated at this stage of the meeting that lie had received from Messrs. Ituss and lloid P1 tin; cum of $50. which he handed over to Mr. Brown. ^ The Hunt pavement was cried out, and loudly applMdeU O A resolution of thanks was then tendered to the .Veir i'urli Hrnild, ournal of Commerce, and all the other ff daily papers of tho city, for their kindness in ofTering the the U'tj of their advertising columns.for the uotice of this laudable enterprise, and to J. M. Bell, for circulars and P bill*, furnished gratuitously ; as also to the dill'erent stag > proprietors, and the New York and Harlem Kail- m road Company, tendered by Mr. Secretary Kyle, for the uv nf their respective lines, on Thtirsday next, for the 0j b-ncflt of the sufferers. The fare on that day will be Mill On motion, the following gentlemen wcro appointed " to collect contributions from those present : James Kelly, Hoy Tompkins, Washington Smith. W. I). b! Nparks. <?. A. Conover, Albert Gamsey. and Alfred a: Harm ire. who went among those present, and soon ;*e- tl turned, reporting contributions to thu amount of si $'.?.500. of 'which amount $50 wcro to be paid for the use (<i me i aucrnann. g Kx-Mayor Mlckle was Appointed treasurer. ? Of tin* amount received. O. A. Conover contributed $2V); K. P. < hrvty. $100; French St Heisen $'200. j, alto offering tlicm a benclit as soon as ('antic (tardea g hail be opened ; besides n number of contribution* of ,, $1<I> Mr llahi noau tendered one day's receipts of his p baths, besides making a donation of $20. A com ill I Hen of five from each ward, was then ap- ^ pointed to collect contributions throughout the city ; ' the officers of tile meeting were added to share in the ' lib <v : The meeting then acljourned. Mr Hrnwn wn < present at the meeting. and fully np- ? predated the kindness of his fellow citizens, and wept In gratitude at the unlookcd for generosity of his syinpathislng friends. Y lUlnrrllaiiroiUi " The Motion Journal, of the 20th inst.. says the steammer liny State is expected to arrive at that port to- "I morrow or next day. for the purpose of being taken t? into the dry dock "at the Navy Vard for repairs, no other deek being large enough to admit her. J J The trial of Joseph Jewell commenced at lioston on Mood.iv e; At Albany, on the 2Sth inst.. an insane man. who h g ive his lrirnc as Kelly, being pursued, turned and fired a pistol, the ball from which grazed the forehead of n young ninu named Mull. The lunatic and Mull then grappled, when the crazy man stabbed his anta- li and It is feared that the result may prove fatal, tl The demented unfortunate said he was from Dubuque. R low i. He had in his possession a draft for $7,000, and ,, other moneys, amounting altogether to $10,000, l( The Common Council of Syracuse have refused [( to grant licenses for si lling spirituous liquors. ^ The el'izens of Alleghany City (IV) have authorized ( the county commissioners to subscribe one million of dollars to the stock of the Central Railroad. (] The tolls received at Chicago, for the first five days o after the opening of the Illinois and Michigan canal, 1 ?. amounted to $1,426 SO. Ten years ago the trade between New York and Texas was confined to a single schooner ; now there is a line of ships constantly employed, j ^ E NE NE1 Theatrical and Aliulcal. Park Ti<C4TRE.?Tile Danscuses Viennoises connue to attract and iluli|{tit tho public at thw abovi' lirnlro. Their performance* last evening were a re reduction of tho new pieces brought out on Saturday his lit the last week of their remaining iu our city, and i opportunity in afforded of t>e?!ng them now which ly uot be presented again The auxiliary pieces ro highly entvrtaining. The "Hasty Conclusion," wever. does not afford Mr. Bass the same opportunity displaying his peculiar powers which othsr piecus do. is costume, and especially the hoary wig and snow bilkers, are somewhat pitiful. The piece itself li lite me divert; and pretending to be both pathetic and iinical. is neither one nor the other, but half-way toards both, and a good way off from either. Bowery Thutk.?It were, indued, a vain ndna>r to attempt giving any person who wus not present i last evening, even the faintest Idea of thu enthu istic, the rapturous, appluute. with which the iuimit >le Mr. Scott, is being received at the Bowery theatre no peal of cheering aud huizaing succurui/d anotbei iiriug the performance of the whole of tho tragedy ol Damon and I'ythias," with scarcely a moment's In rmission. This extraordinary eninumanu pervaueu whole audience. The pit, the boxen, the gallery? o whole house ? and every available space was owded to suffocation. All joinedsimultaneously, in 10 loudest and mwt tromcndoiM plaudits at overy ovement which Mr. Scott made during the whole re esentatiou. Vet he eminently deserves it all. Thai ia personation of Damon?the principal character it te above named tragedy ? nothing could be more atural. more striking, more perfect. He possesses bj nture, all the essential qualitios of the dramatist; am lucatlon and practice have developed and polixhec lem. Though powerfully athletic, possessing great lysical strength, he cau affect the strongest passioi iihout forgetting for a moment that he Is u man. am tat it is human actions he is endeavoring to per >nate. Thus it may be said of him. in the words o te Immortal Shakespeare (and we are aware it ii -aise of the highest order), that he " holds the inirro j to nature," while he never " o'ersteps her modesty.' r. Clarke, also, who represented "Pythias." acquitte( imsclf with considerable cleverness, and elicited mucl pplause. Mrs. rbillips personated the character o Calanthe." Pythias' betrothed, with consummate bilitv. Being a pretty model of a woman, possessiiij luch" beauty, and having a clear, sweet, tremulou alee, with u very graceful intonation aud genera mriug. her representations of sorrow, regret, and des lir, make a very strong impression upon the audience Atli such accomlished performers, rendering a highl; itercsting and touching tragedy, we did not wonde tat rooii as the curtain fell, at the conclusion of tin st act, the stage was strewn with bouquets, which th< dies, in their enthusiasm, threw from the private jxos. and Mr. Scott was thunderously encored. Then ere subsequently a comedy and extravaganza, each ol hlch gave unbounded delight. On this evoning wil s represented the celebrated tragedy of "Macbeth,' t which Mr. Scott will again exhibit his powerful hisionic abilities, in personating that extraordinary pctmage. Chatham thmtrr..?The houic was crowded agaii .st evening, and the utmost hilarity and satisfactioi rcvailed among the audience. The charming littli tree of the '* Loan of a Lover" was the second piece his farce is an especial favorite of ours. Wo remetn ?r a long time ago what a run it had at the Park, wltl le little Keeleys as Peter and Gertrude. The perform ace of it last evening would compare very favorably ith the way it was produced then; for Miss Walter ad Winans were Inimitable, the one as the innocent nd sweetheart-seeking Gertrude, the other as /fh? olid and laconic Peter, Miss Walters sungtho little >ngs admirably, and was much applauded. Winam asoapital. One could scarcely believe that Joe?the of I 'uthnpiiwi inapkut?ami Pnt??r w?ri> nun nml flu tint'individual. To-night cornea off Chanfrau's comiinentury benefit We expect to see a groat house, i, besides the groat attraction of the beneficiary's perirmance as Mose. ho will also show that the b'hoy of i'W Vork in not the only part he can fill to perfection; ut will give us & sample of the Spanish b'hoy, the galnt, reckless, generous Don Caesar do Bazan. which ill be played as the last piece. Misses Roberts and hillips. and Messrs. Nickinson, Conorcr. Lcvere. Arold. Clark, and Henry, have also volunteered, and will appear in the new comic drama of ' Lavater. or thu bysiognomist." The very numerous list of highly re>ectable citizens who have got up this merited comiimeut to the indomitable Mose, will, we doubt not. bo illy gratified by seeing an audience collected thin rening that will be really and truly a tremendous one. Christy's Minstrels.?Nothing more can be said of lose gentry than what we have so often repeated.viz : lat they are listened to nightly by crowded audiences, he current of their success rolls on smoothly and reniy. and they are now acknowledged by all to be io very elite of Kthiopian singers. Let all go and hear lem. Banvard's Panorama will be exhibited twice to-day. z. at 3 and "!\ P.M. An excellent arrangement, as lany families can go in the day time, hut not after ark. There arc rumors of the early departure of Banird and his panorama for Kurope ; let no one allow it ) go unseen. They will always regret It if they do. Mf.lodron.?This house goes on swimmingly; the irginia Minstrels have hosts of admirers, and justly. >o. as they are capital singers. Palmo'? orkna Hor?e.?The tableaux here arc varied rery evening, and Mose and his adventures aiuoug io model artists, form attractive features. Concert Hall, at Newark. N. J., is doing quite a usiness In thetheatrical way we understand. To-night r. and Mrs. Stephens take a benefit there, and quite a interesting bill is set forth. Banker's Troupe of Sarle Brothers aro doing ell at Boston, The Boiton Courier speaks in the ighest terms of their performances as Kthiopiun MinLri-ls. The Astor House Opera Company are at present perirming in Boston, and arc eliciting considerable aplause. Mr. Collins, the celebrated pirsouater of Irish cliaioter. still continues in the same city, aud is nightly Uracting thousands. Mr. and Mrs. Walfack are performing with unwont1 success in Baltimore. They have now been there >r several weeks, and the interest which they have exted in favor of the drama is not in the slightest diminishing. Mr Lynne is also In.Baltimore, and is boing very libctlly patronized. Mr. Booth, Uncelebrated tragedian, continues in the imo city, and is nightly attracting thousands. His i>rsonatinn of some of Shakspcare's most distinguisli1 characters, has given considerable delight, aud reatly improved his reputation. The Orphean Family still continue their attractive prforinauces at New Urleaus, and are becoming gr#at ivorites in that city. Mr. Cliftke and Mr. Oreerson are performing in New rleans also, and are being warmly patronized. Mrs Popo and Miss Fanny Deerlng continue in the ime city, and aro still attracting thousands. Mr <? llolman una >ir. Kelly are delighting tlni uople of 1'hiluilelphiiL. Mr. Mark and Mr. ilenkins aro performing with raucli uccus* in the name city. Mr. JamlMnn anil Mix.') Logan are performing In ('ininnati. with brilliant (access. Mra. Bounce continue* to giro much delight in the ame city. Ot'ynx aid Bai.i.kt.?Wu understand that Mr Hamlin. for kll theatre, and Mr Kry. for the Italian Opera, rc negotiating for the services of Miss Maywood II w ballet and the opera couM be combined on a proper ;a1e. they would undoubtedly hare a great run. Fanny Kemblo Butler arrived in the Iliberuia. An nglixh paper states that "Mr*. Butler gaTv the last ol series of lecturoi on Shakspearc. at the < ollegiate In:itution. Liverpool, on thp 11th inst. Her reading* atp attracted full and fashionable audience*, and iven a* great delight there as in London. She starts mediately for the United States, where she will apear with Mr. Macready." The French company, of the Theatre D'Orleans, at Few Orleans, closed their Reason, on the 20th inst. It said that Mr. Davis. their able manager, re-engaged 10 greatest part of his actors, who are said to be of le first style. We will soon hare an opportunity r judging ourselvu*. for it is now certain that the best f them will shortly arrive in New York, where they are ngaged by Niblo, and where they will play the opera nmiqne, and vaudeville*. The celehrated rhuntnitn lesdame* Kleury Joly. and Lecuurt, will be anions lie in. The rx-Ca'e Pinteux, which was shut up some time go. will re-open to-morrow under ,\ new title and a new mint. This old establishment, so well known to the reneh residents of New York, will re-open under thr tie of the Cnft He la Hipuliqut. and will he kept by lie renowned Italian limonadirr PMrao No doubt he 111 meet witii the success lie deserves for his fruitless xertions during the last ten years, in all the branches o has undertaken, opera, as well as sweet things. Fhom tiik Sai.t Isi.andh.?Thp season just conilenced bids fnir to bp exceedingly favorable trough thp Salt Islands. Very large quantities ol alt have already been raked, and lie ready for exortation. At the Turks Islands, about tf00,00f ushels have been gathered ; at Lonff Cay, 30,00(1 ttshels ; Hum Cay, 30,000 ; Long Island, 11,IHIO, t great deal of salt remains in the ponds at Lon^i lay, for want of labor to rake it. Salt raking nt Rxuma is expected to be most promotive this season. A large quantity is already a the red. No salt has been raked at Exuma foi ear ten years. Movement* of DtallngnUltctl Individual*. The Secretary of War. W. L. Marcy, arrived al ilbany on the evening of the 29th iu?t. TV Y C W YORK, WEDNESDAY Law Intelligence. gum kmc Col' rt May 28?Important Pecijio*.? In the mailer of the application of Edward B. Corwin us Chief Clerk of the Jilmt-Houte of the city of ATew York, to compel the delivery of Hooka and Papert.? His Honor, Judge Edward*. gave his decision as [ follow*:?It appears by the petition of Corwin, that on the fifth Jay of May inxtant, the Common Council of the city of New York, by a resolution duly passed by them, removed James S. Hyatt from the office of ChiefClerk of the Alins-Housu. and by another resolution, passed on the saine day. appointed Kdward B. Corwin his successor; both of which resolutions were approved by the Mayor. It also appears that, on tho sixth day of May. Corwin took the oath of office before the May1 or; and that, since that time, he has demanded of Hy. att that he should deliver up to him the books and papers of the office; which demand Hyatt has refused.? The affidavits on the part of the respondent do not deny these tacts?but they let up that he has never been removed from office by any lawful authority. And that, although the respondent has kept a set uf books a* Chief-Clerk in the Alms-House, still that the books were provided and furnished to him by the Commissioner of the Alms-House, and have been and remain | in the care and custody of the Commissioner, except ' that they have been from timo to time in charge of the r respondent for the purpose of making entries therein, and conducting his official duties, in subordination and pursuaut. to the directions of the Commissioner. ' Upon these facts, the petitioner asks for an order to compel the respondent to deliver over to him the books and papers appertaining to the office of Chief-Clerk of the Alms-House, i It is admitted that the petitioner is ail officer within i tho meaning of the statute under which the application is made (1 K. S.. 124, sec. 350.) But it is denied thai the respondent has been legally removed from, or thai the petitioner has been legally appointed to. the office in question. The first Inquiry is as to the legality ol the petitioner's appointment ; for It was admitted bj j the petitioner, and such is unquestionably the law I that he must establish a clear title to the office bofori i he can obtain the relief which he asks. (See o Hill, Olti . 031. note a ) By the act or 1813. (S 11. S . 43!).) which lu !?? u+u + iit-a tr? u/hi?h mv tt.ttnnt.inn him hi>on called, the Common Council were authorized to appoint five Commissioners of the Alms House, with the power; and duties therein particularly stated aud defined. In the year 1834. and while this statute remained in force an ordinance was passed by the Mayor. Aldermen, and j Commonalty, of the city of New York, for the organization of the Alms House department. This ordi\ nance provided that a clerk of tile Alms House should ' ; be appointed by the Common Council, and that his of ' ; lie 11 should be kept in ono of the rooms of the commis * I sinners. (Corporation ordinances. 122,^11.) On tlu j 14th May. 1845. the Legislature of the State of New j York passed an act authorizing the <'ommon Council | of the city of New York to nominate and appoint one ' ! person to be overseer of the poor thereof, to be known T \ and distinguished as the " Commissioner of the Almi B House Department;" and the act provides that tlx u person so appointed " shall have the same powers and , authority as aro now conferred by law upon the Com B inissioners of the Alms House and Bridewell of the citj of Now York;"' and it further provides that, ' at tin j next charter election for the citw of New York, and an nually thereafter, such officer, and with the likt powers and authority, shall be chosen by the electon of the city of New York. (Laws, 1845, chap. 283. p 383.) By this statute, ono commissioner was substi* tuted in the place of the five commissioners which existed under the previous law. and with the same power* as they possessed. Subsequent to the passage of the | act of 1845, and on the 16th day of June, in the same | year, the Common Council passed an ordinanco au< : thorizing the Commissioner to appoint "a chief clerk tc | the Alms House Department," and requiring such I clerk to "keep, in a set of books provided by the ComI missioner. a clear and distinct account" of tho ex penses and business of the department, and also requiring that the clerk should "keep his books in the | ofliae of the Commissioner." (Corporation ordinances. | 550. 657.) By an ordinance passed June 2. 1847, it was provided that the joint committees on charity and the Alms House, should havo power to appoint all such officers and agents as were employed in tho Alms House Department, and whose appointment was then vested in the Commissioner of the Alms House. Subsequent ly. by an ordinance passed April 28, 1848. the previous ordinanre was repealed, and it was provided that th? powers conferred on the joint committee on charity and the Alms House should thereafter be and remain in tho Common Council only. The question now to be determined is, whether the statute of 1845 vested the power of appointing the Chief Clerk of the Alms House in the Commissioner, or left it in the Common Council. If it vetted the power in the Commissioner, then the ordinance of April 28. 1848, is void, and the appointment of the petitioner by tho Common Couu1 cil was made without lawful authority. The powers of the Commissioner aro not specifically Refined in the statute of 1845. The act declares that ho shall havo the s:ime powers aud authority as am ' now conferred by law"' upon the Commissioners of the 1 A linn* House. The question then arises, whether the commissioners, at the time of tho p*Ns*ge of this act, had the power to appoint the chief clerk of the AimsHouse Department. It was not contended upon the argument that the statute of 1813 conferred such power upon the commissioners created under "thru ant. I lie Corporation ordinance of lS:i4. as him been already seen, expressly conferred that power upon the Common Council, and not upon the C unmissioners. They then had no power to appoint the clerk, either by any law of the State, or by any city ordinance; for there was no other law or ordinance on the subject, except those abore cited. But it wan contended on the part of the respondent, that the word now.-' used in the act of 1845. referred to the time when the < ominissioner of the Aim* House was to be clected by the'people. and not to the time ot the pannage of the act. There in nothing in the statute which shows any such intention, aud xuch is not the meaningof the language used. The ordinance atUm 10th June. 1845. cannot be referred to for the purposo of ascertaining what powers were granted to the Commissioners by the act of the 14th .May. 1845.? There were Rome references made to the proceedings of the Common Council, to show that they desired that the legislature should, by the act of 1845. confer upon the Commissioner the power to appoint all the subordinate officers of the Alms House Department, including the olerk. That may have been the wish of the Common Council, and reasons of pnblic policy may have suggested such a wish, but the law does not so provide It was also contended on the part of tho respondent, that the Common Cwiincil having once parted with their power, liy conferring it upon tho Commissioner of tho Alms House by the ordinance of June 18.1845. could not. by a subsequent ordinance, resume it; the commissioner being the head of a co-ordinate department of the city government. I know of no priuciple of law by which i ch n power once conferred could become a permanent vostcd power. Irrevocable by the authority by which it was granted. It was a mere delegation of an authority for the period, not fixed, and, like all similar powers, determinable at the will of the party conferring it. Tho conclusion to which I am led. then. is. that the Corimon Council, and they only, have the power to remove, and to appoint the chief clerk of tho Alms House Department, and that the appointment of the petitioner was legal. The respondent, however, contonds that he has no books and papers in his custody as chicf clerk, and that the books which he has kept have been, and now are. in the custody of tho commissioner. He does not pretend that he has parted with the custody of tho books, but this is the construction which he gives to the powers which he has exercised ; that is. that ho has been merely an officer to make entries in books which have been in the custody and under the care and control of the coin, missioner. I think that in this respect he has misconstrued the nature of his powers. The ordinance which defines the powers and duties of the chief clerk re1 quires that he shall keep his accounts In a set of books to be provided by the commissioner, and that he shall 1 keep his book* in the office of the commissioner. This ..I <*!?.. (I,., /wirmnlaainn/.r 111.. ?ll<toilv of tile book* ; neither doe* it plaeo tlicm under his rare or control. He merely provides them. But when provided, they become the book* of the clerk. and are ?o designated in the ordinance. The statute under which this application 1* made refer* to book* and papers i' the custody of an officer, or In any way appertain!ng to his office. The hooks an I papers in thin can are in the custody of the respondent, or at least appertain to hi* office, within the moaning of the statute. An order that the respondent shall deliver up to the petitioner the hook* and paper* in hi* ciutor dy. or appertalnlnn to the office of chief clerk, will not require hlin to remove them from the office of the comi misiloner. where the law require* them to be kept. It [ will merely require him to relinquish hi* control over i them to the petitioner. The la?t objection which was takeu to this application i* that it does not appear from the petition that the o-th which was taken by the petitioner before the Mayor, had been ffled in the office of of the county clerk. It does not appear, on the contrary. that such oath had not been tiled. Neither was tiie refusal of the respondent to deliver I'p the books I and papers placed upon that ((round. And. although I | ain of opinion that this i* one of those offices to which the statute refer*, which requires his oath to be tiled, still I do not consider the mere fact that no such filing is stated in the petition, a sufficient cause for refilling \ this application. The statute gave the petition r fifteen days after he was appointed to tile hi* oath, (1 It. S. 110 (> 21) which time had not expired when the petl1 tion was verified. And. even if the oath had not then ' been filed, nun rnnntnl that it was not filed within the period mentioned in the statute. Attain, the statute 1 which requires an oath to lie taken and filed by an officer within fifteen days after his appointment, declares that the office shall be vacant, if the oath is not taken within that time (1 R. S. 122^34), but It does not attach 1 the same penalty to a neglect to file the oath The statute also declares that if any person shall execute any of the duties or functions of any off! -e. without having taken and subscribed the oath of office required by law. he shall be deem* 1 guilty of a misdemeanor. ' (1 11 S.. 121. sec 31.) But this penalty doe* net apply I to a case of neglect to file the oath of office taken and subscribed by him. And in an analogous case, when ) a statute required an oath to be takeu by an officer I within fifteen day* after hi* appointment, but imposed j no penalty in case of negleet to do *o, it was hold th it \ | the office did not become vacant, although the oath was not taken till after the fifteen days had elapsed I (llowland vs. Luce. 10 Johns, R. 13.1.) The conclusion to which I have come. Is, that Corwln has established ' hi* title to the office of chief clerk to the Alms House Department, and that his application must he granted. SurRt.NE ('oust, May 20.? Before Judge Kdwards.? lMronT4.iT Drciiion?Trnt Bar.-J C Dnrii nHt Dominirk Mr h'nnn?This I* an application to strike the t declaration in thi* cause from the files of the court, on the ground that it wm placod there by a person who IRK ? MORNING, MAY 31, 184f has never been admitted to practice in this court. The affidavit on the part of the defendant states that the I declaration is endorsed "A. \V. Ooff attorney for plaintiir." and that said 'ioir is not an attorney of this court, nor an attorney or counsellor at law. or solicitor, nor has hu over been admitted to practice as suoh. This is not deuied by (Joff; but he alleges that he is duly ail- <

thorized to act as the attorney for the plaintiff by virtue of a warrant of attorney, a copy of which is annexed to his affidavit The <iuestion is. whether, under such an authority. Ooff lias the right to tile a declaration as attorney for the plaintiff. It is provided in art. 0, i sec. 8 of the present constitution of this State, that "any male citizen, of the age of twenty-one years, of good moral character, and who possesses the requisite ijuallficatiou* of learning and ability, shall be entitled to admission to practice in all the courts of this State.'' By the 75th flection of the Act in relation to the Judi- i clary," passed May 12. 1847. and which wan intended to carry out the provisions of the constitution, no far 1 as legislation might be necessary and proper for that purpose, It is provided that " every male citizen, of the age of twenty-one years, applying to be admitted to practice as an attorney, solicitor, and : counsellor in the courts of this State, shall be examined i by the justices of tho Supreme Court, which exuminu- i tion shall be at a general term thereof; and if such person so applying shall be found to bo of good moral ; character, aud to possess the requisite qualifications of ' learning and ability, the court shall direct an order to ; be entered by the clerk thereof, stating that such per, , ion has been so examined, and found to possess the qualifications required by the constitution; and there- ] ' I upon nuch per.ion shall be entitled to practice as an 1 | attorney, solicitor, and counsellor in all the courts of I this State.'' It is further provided. that the Supreme j Court shall, by general rules, proscribe what shall be ' 1 sufficient evidence of good moral character. In pursuance of thix act, the Supreme Court, at its general j- term, held at Albany In Jnly last, made a mle pointing , , out the manner in which the citizenship, ago and mo- ] ral character of the applicant should be proved to the j Court. By the act of December 14th. 1S47 and '40, amending the "Act in relation to the Judiciary," it is ! provided, that "any person of good moral character, ( although not admitted as an attorney, may manage, . prosecute, or defend a suit for any other person, pro| vided he is specially authorized for that purpose by the [ person for whom he appears, in writing, or by personal nomination in open court." It is under this statutory , | provision that < Joff claims the right to act as attorney for the plaintitr in this suit, and resists the motion of the defendant. It is claimed, on the other hand, that j thss act is contrary to the provisions of the constitution. In the former constitution of this State, there was no provision made as to the qualifications requisite ( for admission to practice in any of tho courts of this State. That matter was left open, and was regu, luted by the rules of the different courts. In order to ascertain what is the meaning and effect of the provision in the present constitution, it is important to consider what is the object of a State constitu, tion. Its object undoubtedly is. to establish the funda, mtntul permanent law of the state ; that law which is not to be left to ordinary legislation. A constitution "r Is defined by Judge Story to be a fundamental law, or basis of government." It is established by the people, in their original sovereign capacity, to promote " their own happiness, and permanently to securo their rights, properly, independence and common welfare. (1 Story Com. on Constitution, sec. 338, 339.) The convention that established u constitution has all tUe powers which the people possess in their original " sovereign capacity. The powers of the legislature are limited, and subordinate to the constitution. If a constitutional provision Is made upon any given sub' ject. tne presumed object aud intention, and the legal effect of such a provision, is. that the rule on that subject shall be permanent, and not left to be repealed or 1 modified as shall seem proper according to the fluctuating and changing opiuious of successive legislatures. Antl. upon the principle that erprratio unins rtl txclutio allernui, any law which conflicts with such constitutional provision is not within the province of ordinary legislation. Any other construction would destroy the distinctive character of a constitution as tho fundamental permanent law of the State. Thus, it is provided iu art 2, 1 of the constitution that every ' male citizen of tho age twenty-one years, who shall have been a citizen for ten days, and an inhabitant of thin State one year next preceding any ' election, and for the last four months a resident of 1 the county where ho may offer his rote, shall be j entitled to vote at such election, In the election j district of?which he shall be a resident " Now, I trust it would not be contended that the legislature could i not pass an act authorising a person to rote at an , election who was not a citizen, or who was a citizen undor the age of twenty-one years, or a citizen of tho t age of twenty-one years who should not have been a ) citizen for teu days.or should not have been a resident of | tho State forone year next preceding the election. And | yet there is no express restriction trpon the power of the llfillttin In this respect. Again, it is provided by art. 5. sec. 1. that the Secretary cf State. Comptroller, , Treasurer, and Attorney General shall hold their offices for two years ; and no one would pretend that j the legislature would authorize them to hold their offices for a longer term than two years, although there Is no , express constitutional prohibition. Other similar | cases might be cited. So in the ca?e under considera- , tion. the constitution provides that any male citizen, , of the age of twenty-one years, of good moral character. ( and who possesses the requisite qualifications of learn- ( iug and ability, shall be entitled to be admitted to prac- , tiee in all the courts of this State. And yet. notwith- t standing this provision according to the construction ] contended for by the persou'who represents the plaintiff t in this suit, the first legislature that meets under the | constitutiou. can pass a law authorizing, in effect, a , person who is not a male citizen, and not of the age of ( twenty-one years, and who does not possesi the } requisite qualifications of learaing and ability, to ( practico in all tho courts of the State.? Such a construction would render the provision of , the constitution nugatory and unmeaning. The con- , stitution must have intended to lay down a permanent , rulo. It was so understood by the legislature at the \ time that it passed tho judiciary act of May 12. 1847. That act provides that a malo citizen of the age of twenty-one years and of good moral character, shall bo admitted to practice in all the courts of tho State, if he shall bo found to possess the qualifications required by the constitution?(Laws 1847. p. 343. sec. 7ft.) What were tho reasons which induced the same legislature. at a second meeting, to pass a law which repu- 1 diates the idea of auy qualifications being required by ' the constitution, does not appear. Neither is it obvi- * ous. when we consider the high trust and responsibili- f ty of the officer and duties of an attorney, why the 1 legislature deemed it expedient to pass an act author- ' izing a person to practice as an attorney, who does not p tssess the requisite qualifications of learning and ' ability. It was said,however, on the argument, that tho Act of Dec 14. 1847, did not contraveue the constitutional provision, because it did not profess to authorize an admission to practice in all the courts of the State. The answer to this is. that tho act makes no restriction as to courts, but allows any person, of good moral character, to manage, prosecute or defend any suit, for any other person, provided he ii specially authorized in writing, or by nomination in open court: or. in other words, it allows any person of good moral character, to practice in all the courts of the State, provided he eau furnish tho evidence of his employment, which the act requires. This is. in Its substanco and effect, opposed to the provision made by the constitution. With these views, and inasmuch as I am hound by the constitution ns the paramount law of the Slate, and as it does not appear that the person who has brought this suit in behalf of the plaintiff, possesses the qualifications required by the constitution. I can come to no other conclusion, than that the defendant's motion must be granted. I would add. that my associates in this district, unanimously concur with tne In this conclusion. Before Judge llurlhut?Samurl fiowmati rt IV. Mont, J. Sherwood and Josiah Hick.?Order confirming report appointing receiver Ii. Strang el. til. rt. Henrietta Kaiif Ordered, tho exceptions to the report of referee, are well taken. Half the surplus, after paying the widow may be paid toil)" judgement creditors; and the other half to be distributed among the five children of James Kain. The shares of the inf.tnts are to be brought into court, and tho claimants to havo a lien on all surplus moneys arising frnui the sale of the property. Sic. Seldon vi. Norton el. all. In this case which had b?en argued at length ?<>me timx back, it was ordered that the injunction be dissolved. i oi rt or bpf.ciai. may aw. ueioro iw Recorder. and Aldermen Adams and (irey.?At the f opening of this court yesterday morning, c|uite an array of prisoners were placed befare the har for trial. ' numbering over (liirty. consisting of black, white, and 1 red. lame and blind. young and old. all awaiting their 1 anxious fate from the court, which would either con sign them to a much longer Imprisonment, or turn them at large again to sin no more, (or more properly ' (peaking to sin again ) The first prisoners called by the clerk for trial were four small boys, of good appear- 1 ance. by the name* of John McDermott, \Vm. Moore, I Julius lliggius. ami George Morris, all charged with being concerned in stealing a box of negars, valued at $:l. a lamp, and other articles, belonging to Howard A. lialdwin. The court, after hearing the ease, suspend- ' ed judgment. on consideration that their parents send s them out of the city. Kiisa Itannin was next tried and found guilty of stealing a bracelet and some other small articles be- I longing to Mrs. Klisa I'rlco She pleaded guilty, and was " sent to the penitentiary for 30 days. 1 John Bradshaw was tried for an assault on offlccr ' Kranklin, while in the discharge of his duty on the ? Uattery. during the reception of General Scott. The 1 | court found him guilty, and gave him 30 days Itnpri- ) sonment In the city prison, in order to make him more J careful in future The next prisoner called was an ugly looking black 1 fellow by the name of James Johnson, with a flat head, flat nose, rather short, ornamented underneath with a ' pair of very fine sausage shiipeil lips. The witness against ] him wasa large fleshy black woman culling herself I'hebe ( Ann Smith, who stated to the court that she was stab- i bed or cut on the left arm in two places, one on the l shoulder and the other near the elbow; and to satisfy 1 the court that what she stated was true, she suddenly | lowered her dress, and exhibited a large pieco of black t flesh, with a gash in it. which she said was done with a i sheath knife. The court found him guilty, and gave i him ti months in the penitentiary, to assist in getting i out stone. i Ann I,man was next tried for stealing fonr pairs i I of pantaloons, valued at eight dollars, the property of Sylvester Brett. No. 2tH, Bowery. The prisoner was a good-looking young woman of about eighteen years of age, and of rather genteel npsearancc The property, it appeared from the ividene*, was given out * > * i'??* ' [ERA 1. o the prisoner to made up. for which work she w.u to i receive twenty-five cent* for each pair; but inatead of returning the same when finished, she carried thum to the pawn-shop, and procured a loan thereon. buln^ short of money to pay her board with. The court found her guilty; but before panning sentence, the Recorder remarked that It wkk a mere question of fact at to a larceny, and might be submitted to a jury; yet they thought she ought to suffer Home, a* ituch tricks were becoming altogether too numerous; therefore, as the court did not wish to inflict a heavy punishment, ?he was sentenced to 10 days imprisonment in th? city prison. The clerk next called Oarrett Kitzsimmons. a slim little old Irishman, with grey hair and a long chin, short nose aud small eyes; and when before the bar kept himself moving up and down with intense excitement. liko the walking beam of a small steam boat He was charged with beating his wife. Biddy, ou the liead, with his fist. The wife gave her testimony in a few words respecting his violent ill-treatment, aud no sooner finished than the prisoner set his walking beam in motion, and down went his chin and up went his nose, to the great amusement of all In Court, and fired away like a steam boat, saying?"And please the Coort, Jhe hate me and not me her ; and hore is my account book, showing how I have been working, and to be sure this work wont kape me. so 1 applied to the corporation for work, and I am promised work if 1 was only out; and sure the corporation will in course give me work; let her show her marks, she has'nt a black spot about her. I can show mine; its her that beats me. indeed it is,'' (laughter) pulling off his coat and exhibiting an arm resembling a negro's, all black, which proved to be the color of the shirt, through the want of soap and water; ami pushing up his shirt sleeve, he showed to the Court a large yellow and blue looking bruise on his elbow, which he said was given him by his wife, Biddy, while endeuvoring to defend his head. Alderman Adams said, he had two chances to work for the corporation, both in and out, from his own statements; and the Court finding him guilty of the assault on his wife, the Recorder sentenced him to six months imprisonment iu the penitentiary, in order to work for the Corporation. Several other cases of assaults and trilling cases of petit larcenies were summarily disposed of. and the Court adjourned. Common Plbai, May 30?Bofore Judge Ingraham? James Hart vs. David Traitel. et alt.?Tills was an action of trespass. brought to recover damages for false imprisonment, and, also, for damage sustained by plaintiff, in consequence of the illegal seizure and detention of certain property belonging to him. consisting of jewelry, gold watehea. Jto. It appeared that, on the Oth Dtceuiber last, the plaintiff. Hart, who was living at 100 Cedar street, in this city, was arrested by officers Wiley and Campbell, of the M ward, as was alleged, on a false charge of felony?the defendant. Traitel, and a party named Syerwynski. having pointed out the plaintiff to the officers. who wore impleaded in the suit, and caused the arrest. It was. also, put in, on part of the plaintiff, that his watch was taken ; that lie was treated with much harshness, and taken before Justice Osborne.who immediately discharged him, there being no regular warrant issued in the case, and nothing to justify his detention. This, it appeared, was the ostensible cause of action; but, it was allegod, that a difficulty having occurred some timo ago botwoon Hart aud Traitel, in Kngland, these false chargcs wcro trumped up here, with a view to procuro the arrest of Hart, through a spirit of revenge?the principal defendants, Traitel and Syerwinski, having canspired to effect the arrest, as was allegtd. The defendant Traitel introduced as< brother; who testified. on the part of the defence, that in October last the plaintiff called on his brother and got from him six gold watches and one goltl chain on sale, to ri.turn ; that the plaintiff had remained, upon that occasion, one hour with his brother. The defence further set up the usual plea of ' probable cause.'' Verdict for plaintiff, $100 damages and six cents costs, against defendants Traitel and Syerwinski; and in favor of defendants Wylie aud Campbell, the officers impleaded in the suit. Hrown rt. Rodgers et al.?The jury in this case, already noticed, rendered a sealed verdict for the plaintiff for $327 47. Before Judge Daly. ? Charles Shullt rs. Haddock H'hitlock.- Tills was an action of trespass for assault aud battery. It appeared that on the oth of August last, the plaintiff, who Is a green grocer, proceeded on lioard the Mteamboat Argo. in the North ltiver, from one of the wharves, with a view to purchase some vegetables, be., when he was assaulted and shoved off by the lefendant. who also tore his shirt, and otherwise Illtreated bim The defence set up was. that plain.iff forced his way on board the boat, notwithstanding that ho was repeatedly cautioned not to come on joard. where he forced himself forward; ami, therefore, that he was a trespasser, and provoked the captain. ft ,r n ,1 , nt Partridge vt. Hown.?Tho jury in thin case. already noticed, rendered n verdict for the plaintiff for $2370. U. S. Commissioner's Office. May 3D?Before Commissioner Morton.?Julius" Smith, charged with n mutiny at sea. wsi yesterday examined. aud committed ju charge of the captain of the American brig "H. iellock." who also charged an attempt to assault with i dangerous weapon. It appeared in evidence, that >n the last voyage of the brig front Boston to Sagua la lirando. on the '23th of March last. Smith win one of .he crew; and on arriving at the port of destination, uid after the brig had been riding at anchor for some tme in the roadstead, at the latter place, on 5tli May, 1848. Smith refused to work, and threatened to stab lie captain and mate, having drawn and flourished lis knife, threatening to take the lives of both, or of iny person who would interfere with him. The evilence went further to show that prisoner was severely flipped with a "cat-o'nine-tails," having received two lor.en lashes, and that his back was shockingly mangled. The prisoner was committed. Warrants on part sf the prisoner were applied for. against the, captain lud mate, for cruel aud unusual treatment. 8tc. The sross charge, it i* expected, will come up for cxauiination this forenoon. Court Calendar?This Dav?First Part?Nos. 3l> to. 51, 55. 57. 59. (53, 65, 07.77. Second part?Nos. 72, >2, 44. 40, 38, 04. 00, 10. '20. '11. Police Intelligence. The business done by the police, yesterday, was of pery trifling character. The whole number of arrests imouuting to 5H. of which 35 were for druukunncss; l for assault and battery; 7 for petit larceny; 4 for vacancy. an! 3 for insanity; besides hosts of lost chillren. a part of whom were restored to their parcnts.and lie remainder aent to the Aims-House. Watch Returns.?Tho police court room, at tho ronibs, presented unite an interesting appearance yes.erday morning. Vloe and degradation were there to je seen, in every variety of form and shapo, from the ueardloss hoy and maiden of sixteen, to the grey haired and hardened offender. The flrst one called up who elicited particular attention, was a buxom lass, of lpparently about twenty summers, who was found on the Kive i'oints on Sunday night, so much under the nfluenco of liquor as to render her noisy, and dis.urbing the peace of that quiet neighborhood. Her vhole demeanor presented a scene brought on only by t life of infamy and debauohery, though thcro wore evilent marks showing she hail one possessed features and i form of no ordinary beauty. She importuned the udjfl forpardoo of that, her flrst offence, most solemnly leclaring thatJhe would not be again caught in such >ad company. The judge, after giving her a fatherly idmonition. bid her to go to her home, promising her hat when she was again brought up. lie would give her i half year's residence on Hiackwell'a Island. A gei??rn.l Iimfor whntu fir r> ill n? I'omtnrm arnnml tho Comlt* as the lamp post which sands before the door, y this nainn of John, alias Polly I'arkcr. was brought ip charged with being disorderly In the <ith ward staion house, and making himself a nuisance. Polly deiled the charge and defended hi* own case with such larneitneH that he was also permitted to go his way. \t this time a drunken colored woman outside the bar, n the pen where the criminals are generally seated, itruck up the old song of Lucy Veal, which raised a reneral confusion. She was suddenly stopped in her 'arccr of hilarity, and sunt to the dark cells of the irisoii. Th? next one brought up was a man apparently 1 ibout forty years of age. charged with disturbing the [ >eacc of the Battery. on Sunday evening, by preaching I )n being asked what was hirt name, ho replied, John j Mexander White. JriMir.?Well. White, what were you preaching about i in the (lattery ? Winrr-I was not preaching, sir; I was only reading , n my book, when a fellow stepped up behind me and lulled a leaf out of it; but I do preach, and my autho. ity Is from a heavier power than any in this world, ind my title is John the Baptist. Jcduc?Will you leave the city if I let you go thin .iiue ? Wmrr?I will, sir It is my intention to go on to Washington as soon as I can lind a conveyance, a j dace whore my labors will be more fully appreciated. ; He was then discharged. Vive negroes, fresh from the coast of Africa, by the i names of Jago. Den jo, l.ambuala. I.iud > and \ ernan. vere then called up, charged with singing the war mug of their nation, and collecting a great crowd | iround the ship \frica. near pier No. 3. Kast River. , I'hey were unable to speak a word of Kngl'sh. and : .herefore to question them upon the charge brought j igainst them would elicit no answer. The mate of he ship stepped up. and told the Judge -that they be. onged to an Kogllsh ship, which would sail in a few lays, and requested their discharge, promising that hey should not again disturb the peace, whereupon hey were given in his charge. They wore of the real et. black as the ace of spades, with all the African feaures prominently developed, though well proportioned, ind remarkably stralg'it. and generally tall AfatUri an J thing I hrfnrr .flutter l.nthrofi At the Pombs yesterday (Saturday) morning, the police nfflco presented a very motly group of male and female do- , ;radatinn. and a very full attendance, numbering between 30 and 40 prisoners, consisting of some of the owest grade of female vagrants, ornamented with Mack eyes, cut faces, filigreed over with dry streaks of blood -others finished off with large pouting lips, from the effects of blows received from some of their male issociates. presenting a very revolting sight to those srlio are unaccustomed to witness such scenes The male portion of the prisoners were almost equally as miserable, although from the casual ob-ervcr. the sympathy is never io great as it is to witness the degraded female Justice Lothrop disposed of these unfortunate creatures with a kind heart, evincing a feeling of deep comuilsseration for his fellow creatures, whose misfortunes had brought them uuder bis jurisdiction, (which fueling U highly I " ??m . -:<6 ftl '? -> LD. Prte? Two Cents. remmendable In a magistrate ) Some b" i?nt to Blackwell's Inland, in order to restore thuin If possible; others. wli.i told llio justice a very plausible talo. aa<i promised reformation, he let go. after a strict caution that If they were brought before blm a^aln he should certainly deal with tliein severely. A ynun* uiauwutlwa called up by the tiam<j of James lliley. who wa< arrest i'il tin- night previous by officer Stowell. of the 4tli ward who found him drnnk and disorderly in the streets On taking him to the station house. he abusad all present, and when asked for his naiue. said ha wait an Irish comedian. (possibly picking up item* for his next piece.) and said he didn't care a d ? n for any of (hem, that he live ) next door to Justice Timpson. and they couldn't lock him up. "Oh"' said Justice Lothrop. '' if that'* the case. he shall see Justice T imp ho n ; and to he certain of the Interview. 1 will lock him up uutil the Justice nomas." Hoi*. officer. Is the commitment take him down " And down went the Irish coine llan to the cell, whara he will have ample time to study his part befora the next art The next prisoner was a blind sailor, called John llickok, who was found by officer Leeds, of tha 4th ward, in the street drunk. The officer stated to the magistrate, that when ha found him. he was quite drunk In the street, and abusing all who cauii* near him ; and the only way ha coaxsd him along was by saying he was going to give him something to drink. In this way he staggered along, tappiug the pavement a? he went, until he came to the door of the station house. "Here.'' said tin policeman, "we will go In here to get omethinf to drink." The old sailor immediately tapped the stoop with his stink, and said. " no you don't; I shan't go in here.'' ' Vei you will," said the officer ; but finding the policeman determined, he then abused the policeman and all hands In the station house. It appear* the old tar had been in the station house once before, and knew the stoop by the tap of his stick. He was sent down. City Intelligence. Wiiv Don't it significant question waa asked on Sunday by scores of persons, who left their homes and visited the Park, for the purpose of exam* 111* till, lit* W Hlftrhlu lluain fllJi nml m n it nn*nnalata iron railing with which it it surrouuded, the beautiful shrubbery nn<l Unworn that hare bnon recently and tastefully planted within the enclosure, and above all to see the "Croton plume'' riiie majestically from its iron bondage in the centrn. Many, after waiting for hours, in vain, to nee the sparkling water gush forth, worn compelled to retire to their homes, dissatisfied with everything else, in aoatei|uenee of their disappointment in not having seen that which they most longed to see The city, at thi* Mason of the year, is full of strangers, many of whom are from very distant places, and come amongst ui but once in the course of their live*, naturally desirous to see the Park fountain, of which they may probably haveheard much. Have we not had sufficient rain of late to afford us even a Sunday sprinkling ? If not, the Corporation would have done better by saving the cost; for if water cannot b? (pared now, what are we to expect when New York is twioe or even thrice its present sixe ? F.fforts are now being made to have fountains erected in Tompkins and Stuyvesant squares, also, on the Battery; but we would enquire what is the use of placing fountains as ornaments in our public squares, if water cannot be spared for them' It is to bo hoped that the proper authorities will tako the matter inhand^ami give it due consideration. Greenwood Cemetery.?It .may not be generally known to residents of this city, or to strangers, that a linn of very beautiful, omnibuseH has recently been established, running at short intervals from the Fulton ferry to Greenwood Cemetery. Mr. J. J. Hardy is the enterprising proprietor of this line, and certainly merits all thn patronage that can be given to him on this route; his drivers are good and his horses excellent, and every disposition appears to be felt to accommodate. Persons who may desire to enter the Cemetery grounds, are provided with tickets of admission upon enquiry of the drivers of this line These omnibuses pass through Henry street to Atluntio.and thence through Court street, ou their route to Greenwood. To strangers or residents, a visit to these sacred grounds must b.- always interesting; the natural beauties of the place and the views of the surrounding scenery afford subjects of intense admiration. Ou one side we see Flatbush. Flatlauds, Bath. Coney Island. Rockaway, and the Ocean : 011 the other, Ktaten Island, Jersey City, llohoken, New V'ork, Brooklyn and the Islands in the harbor. Perhaps nothing more interesting is offered in this world to gratify the taste of the lover of the beautiful and the grand in works of nature and of art. Muzzle tiii: Horses.?A young gentleman, by the name of George T. Broome, while passing along Wast street, near the foot of Morris street, about five o'clock yesterday afternoon, was severely bitten on th? right arm. by a carman's horse attached to cart No. 1,717. The owner, or driver, of the cart, on being reminded of his duty to muzzle so vicious a horse as his evidently was, instead 01 expressing any sympathy with the Injured party, only raised a satirinal laugh, which circumstance naturally incited Mr. B. to make the facts known at the proper quarter*. Max tun over.?A man whone name wan not anirtained. wan knocked down and run over by a wagon at the corner of the Sixth avenue and 28tb street. and thereby so severely Injured that it became necessary to send him to Bellevue Hospital. Fire.?About three o'clock yesterday afternoon, the roof of the Jewish Synagogue, in Kim street, was set on fire by sparks from the chimney of the gas house at the corner of Canal and Centre street. But trilling damage was done. Rescued from man by the name of William Wright, on Monday night fell Into tha dock at the foot of Catharine street, and would have been drowned, but for the timely aid alforded by the hands from one of the ferry boats. Alaiim.?An alarm of fire was raised about six o'clock last evening, In consequence of some tar barrels having been Bet on fire in Little Green street. Bmioraxt Arrivam.?The past four days are without a parallel, in tho number of emigrants that hare arrived at this port from all parts of the old world.? Fifteen to twenty vessels arrive daily, each averaging '200 passengers. Since Friday, up to last night, no fewer than 14.500 arrived, mostly in good health, and many In excellent circumstances. The Scandian, a vessel from Hamburg, brought a number of these people, who. it is stated, were in possession of more than $250.000, which was sent for the purpose of purchasing land in the western country for others that are yet to embark for America. Mexican Affairs. DESERTERS KROM THE AMERICAN ARMY. [From the New Orleans Picayune, May 21.J Since information was noinmunicated to the general in-chief that plans were being concerted at (^ueretaro to induoe desertions, that officer has kept a close look oui tor me axilla in inepioi. an<i me nay neiore ye?terday. May 3d, a raoak of the Franciscan order, who given hi* name a* Pascual Pastrana; a man named Kstalan Dial, and some ten or twelve of the lower claim of popilation, have been arrested for being parties to the design Pastrana was caught in this manner: It wan known that several deserter* had been seduced by sumo persons living in the neighborhood of the Ouadalupo girita. and some confidential men were sent out in that direction with instructions to pretend they wished to desert ami to feign drunkenness. The trap succeeded admirably, and at tho first show Mr. Pastrana took the bait, il* olTered a liberal bounty to the men ami sent for carriages to convey theui to (Juadalupe, which is on the road to t^ueretaro. In the passport he gave the men, he signed himself Antonio Vriarte; consequently the gentlemen is entitled to an alias. Since his imprisonment numbers of the clergy have requested permission to communicate with him. hut in vain, and lie is kept in solitary confinement IHaz was caught " nearly ia the same manner as Pastrana alias Vriarte Both hare been examined before Major (ialt, the Lieutenant Governor of the city after a full examination he ha* committed them for trial before a council of war The others are yet to be examined A council of war has been appointed to try the parties accused of i ndui-ing desertions from tho army ?,V. (). Picayune, May "iid. NAV'Af. Ijrm.MQKMCK. II. S ship Jamestown sailed from Port rrayft, Capodt* Verds. 27th ult. for Madeira. United State* ship of the line Ohio sailed from Oallao. March 2.V for Mexico, the supply ship Matilda, from New York, via Valparaiso having arrived at Cal lao on the 18th. The favorite I nitedStates frigate Constitution, (says file Tiamcripl) which has been in the dry dock, i harleston, since February last, was taken out of the dock on Saturday, having been thoroughly repaired from stem to stern. She is to be fitted for sea with all despatch. Her destination a* yet. is not known. Another letter from Henry Clay. i Sis I.Ike yourself. I am unable to anticipate the results of either of the two great Conventions now nigh at hand; and from all I hear, it is equally difficult at Washington to form a correct opinion I learn that great heat and excitement exist among the members of Congress. ? ? I performed a reluctant duty in ac iulescin^ in the 'Hbmission of my name to the consideration of tho Philadelphia Convention Whatever the issue inay be. I have thereby secured myself against all responsibility and all just reproaches, and I shall be content HENRY CLAY. Political Intelligence. Okvisai T*n en's C,)RHK*roNi>?:*<:r tienrral Taylor lias been, of late much annoyed by letters from inquisitive gentlemen, who affect a great anxiety to know his opi nions upon almost every question which has ver arisen in the political or philosophical world. \ftcr the publication of the Allison letter, the old hero made a resolve that he would write no more letters, until the election was over. So. when he came to the city, he went round to the sanctum of Col Hodge, of the lliiileit ri. and giving him the manuscript of that celebrated epistle, requested him to strike off 2 000 copies. on good letter paper, which was promptly done by our energetic contemporary And now, whenever the old hero receives one of these catechetical epistles, without putting himselft* the trouble of reading it through, he quietly sits down, folds up one of the Allison copies, and transmits it to his inquiring friend and correspondent. What is It Richelien ?ays about eking out the lion's skin with the fox's ' Old Hough and Heady Is a perfect Ly*andi-r In cunning as well as in ooivajc.? N. O Drltn, May 21.

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