Newspaper of The New York Herald, September 28, 1848, Page 1

Newspaper of The New York Herald dated September 28, 1848 Page 1
Text content (automatically generated)

! . ) j;. rji jj *HM m ii v NO. 5230 JlflunJLJlAU a ?YIilli H^nritiiuvn itiaaii w T VAUXHALL GARDEN, LAST EVENIIfO. Th? Or# a* Turn Out. die. Ai< die. Pursuant to public nwi, a meeting was held, last night, at Vauzbaii, this city, for the purpose of receiving the report of the whig delegates to the j convention at Utica, and of ratifying the proceedings and nominations i,i the Maid convention.! At an early hour the c o?da began to assemble, and when the doors we e opened, at about half-past aevep, the numbers we e an g eat that the saloon at Vauxhall was found quite incapable to hold them. The gardens at Vauxhslt, and the spaces around the building, were fi ed with people as well as the saloon. In consequence of this, two distinct meetings Were held at the s, me time within hearing ofeach : other, and such was the enthusiasm of the people for the name and cause of General Taylor, that the shouts ol the one meeting, commingling with those ot the other, produced some contusion and annoyance to the speakers ot both. In the saloon, the chi? t ?ud grand scene of the meeting, the assemblage was called to order by .Philip llone, Esq., who, ulier a tew bnet and animated remarks, concluded by nominating Judge William Kim' hp President. The usual number ot ye. t ernen were appointed Vice Presidents and bertei.tries Mr. Pisxscv then reed to the meeting the following report That on the meeting ot the convention, every oounty In the State was round to he represented, and all the delegates were prereut?a satisfactory evidence of the deep interest felt by the * It ?i- et the State, In the subject of the deliberation- of ' hit body In the opinion of your delegates, rarelv. it ever, has a convention assembled, animated by a more bappy spirit of harmony, or inspired by a mere resolute determination to spare no effort for the succe-s of the great principles of our oause. Personal feelings and ertsreuoes were readily aorified for the common good nnd general welfare; the choloe of the majority in to* selection of candidates waa cheerfully acquiesced in. with unanimity and a degree of hearty good feeling alike honorable to the character of tbe Candida'e- chosen and to the patriotism of the convention Tbe candidate for the office of Governor was taken from the eity of New York; his nomination waapropoeed toy a member from western N. 'York and supported by the suffrages of delegates from all portions of the Slate, in a manner which afforded gratifying proof of the high estimation in whioh that individual was held, by whig* from every seotlon, and representing many various Interests. For the first time since the days ol D* Witt Clinton, this great metropolis present* to the State the name of on* of her eftisens for the offloe of Governor. By birth a descendant of one of the forefather race, who by their energy and industry laid the foundations of this great ?omm<relal empire?of pare utag* honored by association with our revolutionary struggle, be possesses in ma own rnaracier d?it ui in use irun gi luruni implioity and integrity. honesty of purpose, and steadiness in well doing, which oharaoterleed the men f early times in our hi*>ory. He has been known among us from boyhood, alike in good and bad fortune, as a deveted and Jaithfai *hg; in his position as presiding officer of the Hecate, he won golden opinions 'ftom his associates, constantly rising in public aateem and growing in the higher qualities of statesmanship. Mntil by the united voice of the whigs of the State,he is offered as a candidate for the first honor in the gift of ber citizens, t Is therefore, with feelings 'Of gratulation and pride, we report to you the selection by the State Convention aster candidate for Governor, of our fellow-eitlien. Hamilton Fish, with the firm conviction that the city of Nee York will pledge and give him a vete, that will justify the confidence of the whig* of the State in the choice they have made. For the office of Lieutenant-Governor, the wblgs of the West presented the name of George W. Patterson, of Chautnuqne; and his nomination on tha first ballot by the convention, is an indication of the strong hold be possesses upon the esteem end aflection of the past. His legislative course has given proof of his ability as a man, and his consistency esa whit, and we feel assured s*Ka* tVw, Wnaf. will mii.iiistto* f.h#e Eftilt. ift th? Idfil and nthnriasro with which a ticket, composed of names ao popular aod acceptable, win be supported. For tbo offices of caual Commissioner. and States Prison I nspector. Chafes Cook, of Chemung, and Alexander II. Wells of We?tcbe?ter, were respectively nominated, with the e- eviction that their selection will secure the services of able and faithful public serTantsin those important and responsible stations. The State electoral ttok t nominated by the convention, at the head of which were placed, as electors at large. Henry H. Ross, ot Kssrx. and John A. Collier, of Albany, is one in which the whlga may repose unlimited confidence, as ccuipoed of sterling men of unflinching principles, esteh ished chsractrr and reputation, who will vote for 7. chary Taylor and Millard Fillmore, as the regular ? hi* candidates chosen by a national convention, and supported by the free voioe ?f the whigs of this State er expressed in their State convention. With such names to inspire and lead ns on in the great political conflict now at hand, with the unbroken strength and uudiunni?ned vigor ef the great whig party now ooi.oei-tiating in all its pristine power, suit marshalling for the hattle, it is our pleasure tu report that the convention to which we were delegates, were animated wiib just confidence of the Slate.' A. W. Bradford, Robert T Hews, Kol.i>. S Collin*. Nam'l. 11. JeMott, Junes K Wood. Thus Carnley, Archibald Hall. A W White, Wa-hiDRton Meeke, Charles F Osborne, .las. K Freeborn. O. R S. DePay, Jan. W. BerkniMO, Joe C. Pinckney, Abri. Van Orrten, James Brooks. Tlie report having been read, was approved and carried unanimously. Jud .0 (.Yarn then came forward and offered the following resolutions, during ihe reading of which ho vraa frequently interrupted by the1 expression of applause and satisfaction which they unequivocally excited In the assembly * Reaolrcd, That the whig platform, upon whioh we stand, is the old whig plath rui. of? 1. Opposii'on tn Emoiiiv. Prerogative. Monarchical, Ono Man powtr. Ro? n with thearidtratj m if wulof one man. is tho wh g idea; and fie governa.ent <T ti,e po pie, as ia Congress constitutionally "pencil, is the main i lank iu the whig plaitortn. * , 'I. The currency of the people i tod enough currency for the goven nn lit. riie money,tost w ill l,uy nuruhreud au<l m<at is good enough money lor the ra'a1 ie* ,.f otlieedu I lor j No $2.7U!0()U0 looked up in Wall strtel, u n ? tn the vaults of the dub frvisu ry, and a* reacted from the enrremy?but wlete the merchant ' and tnoenni ic can safely truu their money, there ah mid the ser- , vants of ti e people trust tin irs a<*<>!?soother plank iu the whig platform. .1. Adequate protection lo tl o Ainerlosn citizen, xnd Amorioan labor, from the pauper labor nl r.uropo, and trom their ill fed. 111- I c'an, ill hov.sed, starving conqeUiuh?another plank in the whig platform. 4th. A | indent, but efliolent doti lojiement of the resource* nnd rapaMliths of the lakes, nvers and harbors of the vast interior, by the federal government. lie bine Cansl, bringing hero the tiado of the \\ est. aui p ris a d makes pro-perons naif a million of humsn bo ngs in thiseity ai d its suburbs. To double and treble tlmt number, b, lirtogi g lure the trade of bake .Superior, *k* II---- SI i-?.?l.,-; >,.s >.i In, Uia.uuri. thrnuah an ids inaterysi. in of iiteiDai twpo v.uiair in the gr*at tnt, iiino Mmt piwuV in that great wing platform < n which we stand. Renin,'. 1'hat weeanno aid will eor, desert the old whig pls'foitn. i ' eland npnn ant utlnr: aud that, with our consent no Ci'la I II k plank or Yucatan )ollo? pluik, shall be added to iL I r I ci. is Cass, or a Buffalo rnrr p..ait-, Morale work, by Martin Vet. Huron. Upnnu Mr-" ?0'l" imr p'atfnrm haa aiwaya stood, and i it r wi I stand ; t nd tl.n> who will stand with ue upon It era invi i d to cume, and aliu'l bewalenmed thereon ; but w# cannot lease It 'o mount an. new o-.e. especially that one which has bet n : olitary prop 10 aupp rt It, and that of very doubtful timber, to my the Irani. Kemlvco '1 hat the whig n initiation*, mada both in rhlladelphis ai d I'tiota, are ent.liled to our *0|>|><>rr, and to our hearty rapport; tu d that in Zachakv for President, and Mir.lakn Fii.i mouk, for Vice i're.i dnit. wlii we eliall here able and iUnetrions head* of M* rtpaidic-. we snail aleo hare in Ha ani. Tost Pish. tor Hovemor, and (Jwu. IV. I'atr?i>eoi?. 'or Lieut. Oovarnor, effi, :-nt and otlithtei nd heads of toe 9tate The ticket, and the whole ticket, and i, Hung hut the sleket, we earnestly commend to whig snpport and wing enthniiam. Reaolrod, That Henrj (Tay, in l is distinct and emphatio annunoiation. tiiat his name riiail not he used for disorganisation, again shows that honor ai d |eiH<"i?rt> are dearer to him than ambition 01 revenge?end thai wniie his ex.tin pie admonishes all hie friends to abide by the decblon ?f the whi.a in National f'onrenbon, his sell saorilieii g not tho more endears bim to oar heart*. Loud cries for Ogd -n Hoffman were then raised by the crowd, during which O-neral Leslie Coombs of .Kentucky, artlred in the rn"tn. and, coming forward, tru introduced hy the ohairman to the meeting General Cuomhs said, he regretted muoh that hie friend, Mr. Hoffman, was jmt present. He would have preferred to havi- hoard him preach the ermon, and then he himself would have followed and hare given the exhortation Mr. C, complained that he had boon overworked la this campaign, and hoped the meeting, therefore, would listen patiently inhun Deferring to tho Interruption mmle on the preceding evening to Mr. Botta. whose oouree. however Mr. V prof, ssed not altogether to approve..he (>ir C ) observed that in Kentucky an audience never hies a public speaker if he <loae not pi asn thcn>; they either withdraw or bear him patiently to the end Mr C protested that If there bed been an) hope of tho oleotion of Mr. Clay, ha (Mr C.) would make Inn. President against every maa living He wa< hi- firm, constant, steadfast friend, and when hereafter his (vir Clay's) history abould be written, he would appear like a colossus; while tboee who now seeui to b? groat men wonld be found creeping between his leg- and s-eking a dishonorable grave. He (My C ) was llko llaailet, l.ssrtes. and Ophelia, as represented by the great poat, leaping Into the grave?he was ready to leap Into the grave, if neoessary to save bis country ? Though Mr Clay was hi- friend aad hi* neighbor, for he (Mr L C 1 could tee the d*or of Mr Clay's house out of his bedroom W'ndow and though he thought him a man above ihe rest ot die world, sending I ke a to war, yet when be(Vr ?. , dl.d. and went to biles, the whig party would still live, sud survive ae long as E NE g M0RN1 oil earth roll. <i od ; and it wa >, ho thought. our duty to Ukf otra of turialiii now. and prorido for the fnturo (Grttl applause.) Mr. L. 0 here passed ? tblntM enlogium anon Mr. Clay. Ho had known bin in prosperity and In adeerslty ; in th# former Mr Clay was bumble bnt in the latter he was proud He was like tbo noble a tag of the forests of Kentucky, which the more hotly It was pursued by the huntsman, tossed up its branching antlers the more proudly : which could kick from its heeU the bane cure which barked at him and could torn high la tha air the bloodhound* which aimed at hU throat. 8uoh was Henry Clay. (Great applause ) Mr. C. then proceeded to | our tray the character and (ire the biography of Gen Cms, and stated several Instances in which ho alloyed Gen. Cass had turned ahoat with all parties, and kept his official situation under all administrations, by servility and subserviency The peeker then spoke, in ardent term*, of the devotion of bin native State of Kentucky to the cause and interest* of the Union, and remarked that In the late war with Mexico, whereas the State of Virginia, whloh had ceet its vote for Mr. Polk and the war, had disgraced itso'f by sending no volunteers to that war. Kentucky, on the other hand, had sent Ave regiments of volunteer* and was ready to send more Mr. C particularly called upon the reporters of the publio press who were present, to keep a note of that foot.? General Cass, observed Mr. C.. when be first went to Ohio, wss a fed?relist He (Mr C ) had the fact from Judge Burnet who. himself a federalist, yet wu far exceeded by Gen. I ass. Hers Mr C. related several pointed and strong olroumstaaoosof tergiversation and truckling which he (Mr C ) attributed to Gen Cass Among otMer things, he related that he (Mr. C ) had seen the copy of a letter written formerly by General Cass to Mr. Clay, in which the former attacked severely GeDeral Jackson, Mr. Buchanan, and other prominent democrats, and professed himself an ardent friend and admirer ot Mr. Clay A copy of this letter he (Mr. L. C ) bod given for publication to Mr. MoKlrath of the TVihune. The speaker here quoted the lines of Sbakgpeare. as descriptive of the oharaoter of General Case, who was, be observed, one who "Would bond the pliant binges of the knee, that thrift might follow fawning " (Immense applause.) Mr. C professed to speak in ail kindness of General Cass, and as a proof of bis kind intention towards htm, he would not speak halt so badly of him as he thought of hits. (Laughter.) As regards the military services of Gen. Cass, he would say a few words. In the West, the people knew that wbile those of the Last were eiposed to a oivllisod foe, in bis part of the c< untry they were exposed to the tomahawk and scalping knife When Hnll marched to the Northwest, we in Kentuoky feared from his proclamation that be would swallow up the whole of Canada before we got there. On that ocoaaion. Gen Cass, according to the life written of him, was the first to cross the river; but a very important part oi tho transaction ?as omitted, viz , that while he was the first to cross to Upper Canada, they omit in hie life to state that in the retreat he was the first to oroes back again, (roars of laughter) and that was the time when Cass didn't break his sword (Laughter ) But, any way, General Taylor never would break his sword on a stump; he would rather break it on the heads of his enemies. Mr Coombs then related an anecdote of Gen. Cass to the effect that he commissioned only eighteen men to undertake the oonquest of Canada and to those eighteen men he gave two sheets of instructions. He told them, that if after oonauerins Canada, they found men in offloe fit to gofers that country, to keep them in ; but if not, to appolntethers; and, sure enough, when this great foroe of eighteen men waked up one morning, they found the ..selves surrounded by the Britiah. and were compelled to surrender. He wan afterwarda, it ia true, in the battle of the Thames. may be recollected that during the canvass of 1840 the locofocoa attempted to prove that Colonel Johnson was the hero of the Thames, and that Gen. Harrison was not within two miles of the battle. Well now, in the West, one of Gen. Cass's great qualifications is, that be was the aid of General Harrison at the same battle, Thia ia a short history of the military rervicea of Gen. Cass; if any thing is omitted, it would be well for some of his mends to supply it. (Laughter) Of my friend, Mr. Bntler, their candidate for the vlce-presidenoy, I would speak of him respectfully. He knew him well, but it ia somewhat singular that he was not under (Ire of the enemy during tbe last war but once, and that waa in the streets of Monterey, when without orders he got in the wrong street, and old General Taylor had to go and bring him out of it. (Laughter.) This ia historical. He attempted to barrioade streets and bouses with walla of stone two feet thick, with rifles and bayonets. Watson fell there. The Baltimore battalion suffered, and old General Taylor had to save them. So much for his military character. Now, Messrs Stenographers, raid Mr. Coombs, there ia no use in your attempting to report me, far you can't do it. You must know how to make a stump speech, and have heard many of them, to know how to ao it. There was but one great stomp speaker before me, and he was Martin Luther ; and no?ne could report either him or me. Mr. Coombs then spoke in tbe highest terms of Mr, Clay, at ti?t length, and said he knew Messrs. Hall, Tomlinson, Blunt, and others, in New York, who are adbrriDg to him still. These men, he said, were laboring under a monomania for tbe present, but in tbe end tbey will all come out rieht. Greeley will como out riuht, too : and he would bet a thousand dollars to a quarter on it. He is a remarkable man ; one of the most remarkable men of the age both Id person and in mind. (Laughter.) But he would come into the ranks before the tiuie of eleotion. Mr Coombs then referred to Gen. Cass' mission to Spain; bia writing of a book, laudatory of Louis Philippe; his visit to the Holy Land; and what was the object of that visit * It was to get a bottle full of water from the river Jordon, with whioh to baptise a grandchild of Louis Philippe's; a thing whioh lien. Taylor would not do to baptise all ' he princesses and princes in the world After speaking a few minutes longer, (ten Coombs became exhausted, and was obliged to retire [Calls for Mr. Hoffman followed, and some one moved that smoking cigars should be prohibited.] Mr. Hoffman, after making an apology for not attending to tbe motion about cigar smoking, asked the audience it they were so disposed, to listento him while he made but a few remarks in relation to the feelings and convictions which he entertained of what is the duly of the whig party in the present canvass.? This. meeting, fellow citizens, is not called to ratify the nomination of General Taylor for the Presidency, 1 say this whig meeting is not called to ratify the nomination; tor the nomination of General Taylor has already been ratified by the assembled whigs of this city. '1 he nomination of General Taylor was ratified betore it was made It sprung from the people, and tbe National Convention but ratified the popular choice. But we have to ratify the nomination of the Governor and Lieutenant Governor of our State. (( beers.) They are now submitted to tbe assembled wbigs betore me; and can there be a doubting footing or a discordant voice, that Hamilton Kish is entitled to the support of every whig ' It is a long time fellow citizens, since the city of New Vork had the honor ct presenting a candidate for the suffrage of the Kcipire State. ?nd jet our city looks baok with pride, una pcini priae. on ins names 01 jay ana i-nncon. And now. again. by acclamation, tbe oily of Near York protect* us with a candidate, one of us, whom we are delighted to honor, whoso career we have marked, and who ie ent itled to our warmest support. Who is Hamilton Fish? One tliat has lived among you ?one who was a whig in the worst of times - mild amiable, intelligent and virtuous. Klected to Congress, be won the approbation of foes ns well as friends. Himself a whig ?htmtell the descendant of a whlgof the revolution,and lib father in. the crowning act of the revolution, stood beside the lamented Hamilton, the head almost of this cation and assisted at Yorktown in seouriog the independence < f our country Yes, at Yorktown, in the midst of the blaze of British cannon, and holding aloft the standard of bis country, Hamilton and Klsb are united, and by those recollections and that union in the names of our candidates we are sure to triumph As to his colleague. the Lieutenant Oovarnor, he is worthy of the ticket on whieh he is placed. I do not wrong yoa, fellow cititens. when I suppose that whatever dlseatiefaotion may beve existed-whatever eonfueion may have arheu in our ranks-that all will rally to the support of that nomination. Bat is that to be all ? Aie the whigs of this State to be satisfied because the flag that floats over the Kmptre line, the New York army, is to wave In triumph, and yet the flag that floats over our brethren of tbe Kast. and the South, and the West is to droop In defeat i Are we to be dissatisfied because our State banner wavea aloft in triumph, and yet tbe national banner, under whioh whig* have ever rallied, is to droop in ignominy and defeat' if we et cure Hamilton Kish we shall have a fountain pure in our own State ; but if we allow the great fountain to remain corrupt and Impure, tbe watera of corrupt patronage will flow into that of the State, and corrupt mem too. ivo. lot n mi wnoie ana a perreei triumph. Lot Maine reach out her hand to Georgia, and congratulate her that the victory U won. Lat New York stretoh forth bar band to Kentucky and her Kellow-oltlaens, auch will be our couri-e. a? I know auch la our duty. And why. I would ark thore doubting and luke warm whlgs. why will you rally und?r the ataadard of one wing of tha army, and turn your baoka ooldly on your brethren who are contending for viotory in another part of the field ? I would aak, then, who ia our candidate?I n <an for President of the United State ? (1 hree cb.era for General Taylor.) It la enough for ni>. in the drat place, to aay that he waa nominated by the National Convention rcpreaenting the whlga ofthe Union-aa pure, and aa honest a body of whlga at ever waa congr gated?anxious for suoesaa, and with no other motive but that viotory should attend our eflortr What, fellow oitUens. ia to be the oonsequeaoe il another course ia pursued ? Shall ( go to the convention as I did. wlib my own preferences, and shall (, berauee my candidate is not nominated, raise a standard, on whioh la inaoribed my own principles f Shall I turn my back on my fellow eeldirrs. and suffer ocfuat ? A farce would the convention become. Suppore that In that convention Henrv Clav had been hoDni'i)- C' Thru chcfri for Henry Ciay " ''TbiM cl ? < re for General Taylor"), Gentlemen. groat aa may bo llir entbueleam which pervades thin assemblage, will y< u indulge mo bar. for a few moment*, without Interruption, to atato tbo roaaona whloh have fcrred conviction on my mind aa to the duty of tLo whig** buppoee Mr Clay had boon nominated at that ? (invention. 1* there a whig who would not anpport htm? The frlaada of General Taylor, and of I war one, of the hero of < burubucro Mollno del Key and the City of Mexico, n *y have cur preferences, hut wo look at tho standard elite I. fleti over u?- end if ewery whig la to go to the convention, and. If disappointed In tho selection of bl? <wn ruminate, he were to turn recreant to I i* paity and hi* flag, the convention would be a fari e and vie'icy tor ever would he hopeless At tiat future inue Hon* of Umwo men may be/'ur ohcloe. ?I?i Tnari n? ? inmrtMr--Tifn^i__x??rt*i?rrwaif ny-n W YO NG EDITION?THIJRS1 We mar belter* that be, and ha alone ought (a ha PreMdeat of the United Scatae. And thail n | hare Oht*. Georgia, Louieiana. and North Carolina i J rallying uadrr hbi other ataadard T And shall j we thea complain when the poisoned ohallre I* oommeaded to oar llpa- ? < our eaaaipli followed by t others? No, let no be true; let us ehoo. both far the p future aad the prraent, that we wlU rally uader htm {. whom our ageata bare told ua ia worthy of our ooafl- k denco aad support. Fellow-eltiaoaa, I do aman to doeti p aad ahow that the eholoe of the ooareatioa was ju-ti- r, fled by Ite wledoai. The oharaoter of Oeaeral Taylor r, ii w buillK, tad whtt be dm done and what he bat , been? are aa familiar a* household word* to every man oi I address Aa a boy, at Fort Harrison. he attraeted h the attention of the nation. In the war of 1111 he received the first brevet that waa Riven to that gliriona army, la the recent war with Mexico, be achieved tbe wonderful battle* (of Palo Alto. Ke??ca de la Palma, Monterey and Buana Vivta. (Loud cheer*.) Bnt. fellow.cltizena, It waa not merely upon hi* military success that the convention at Philadelphia founded their oholoa. It was not aa a gallant soldier that he became the object of their support Tbe triumphs 0 which he won by hta pea, equalled and surpassed the triumphs he won by his sword. (Cheers ) The blase of victory did not make the man, but illuminated tbe man, showed of what stuff he was made, and held biu* up to the admiration of his country. (Cheers ) Republican In his manners, simple In nia deportment, of strong mind, never at fanlt when duty called him? these were the qualities which reoommeaded hini to the esteem of the people and which shine in every line of hia despatches. (Cheers) But his opponents say that be is not a learned man, and that he is inoompetent to discharge the dnties of the high position to whioh he is nominated. If learn. Ing com 1st* in hovering about the White House, at Washington, In manoeuvring nnd shifting to secure one's own personal Interests?now holding one opinion, and by and by changing it for another? then, indeed, may General Taylor be considered guilty ot such a charge, for this formed no part of his career. But if purity ot life, steady and Irreproachable discharge of duty, and honesty ot purpose, be worthy of esteem, then all the learning in the world?(tremendous cheers, whioh diowned the remainder of the sentence). 1 would rather have these qualities than all the learn- 0 Ing which books could confer. (Renewed obeers.l Such a man, then, now olaims your support as President of the Cnited States I will now turn to tbe gentleman r, who Las been nominated for vour Vice President. Did any one over hesitate to repose conffdenoe in |ol Millard Fillmore? (Cheers. Cries of '-No ") A men who ti< sprung from the lowest ranks of the people; a man who pi raided himself to his prevent position by the exertion of m, his talent and his industry; a man who was eleoted to aE Congress by the people, and who adorned the oflloe for th which he was chosen Is Millard Fillmore worthy of n? your support? (Cries of "Ves," and cheers ) Is he?a th whig who has battled and fought in your ranks as Tl long as ever I bare known him?not entitled to th your support? (Cheers) There has been some talk a* of running him and Oeneral Taylor on a sepa- i|z rate tioket. in order the moro effectually to seoure the jju election of the feimer. but I don't believe that this is th intended Think for yourselves whether suoh a course oe is the one most likely to seoure the objeots at whioh ful we aim. Fellow-oitisens, I do not mean to detain you <jU lung, but if I had time, or If it were a little earlier, in i?, the evening, I would olalm your indulgsnoe while I pa descanted upon the merits of the gallant hero who p|, nlftimR vAur hunnnrt in this MtrufMrln fl!ri?a nf i*v on."J General Taylor is merciful, bold and bravo?a 0f man of war. and yet desirous ot peaoe?a man who, a s th ho stood with the carnage of hi? friends before hie eyes wrote to his wife, the day before the battle of Iluena xji Vista, that he oared not for himself, but for the pB gallant soldiers who would fall in to-morrow's fight 0O (Tremendous cheering ) A man, who though he flinched not at any difficulty, consented out of mercy tj] to the capitulation at Monterey. (Cheers ) This raer- a i clful act was snffioequently laid hold of for tho purpose ct of censuring him, but how undeservedly his present by enemies would one day or other admit Gen. Taylor g, with that innate modesty of his nature in accepting m, the nomination of the Convention sail that he was co incompetent to fill the duties of suoh a situation, and th this al?o was made the subjeot of complaint and of (j censure. But let those who oensured him on that ft ground, remember that they were almost the idea- ft; tical words made use of on a similar occasion by ai George Washington, the father of his oountry.? Ki (Cheers.) Yet, did this show Washington unfit for w the discharge of those duties? General Taylor, 1 be- iB lieve, if elected to the same position, will be found to u. be as good, as honest, and as oompetent ? president as (jt ever graced the Presidential annals of tho oountry. n, (Cheers ) And who are his competitors in this con- *, test? Kor we must vote for some one, unless ws choose -j to resign the power which the constitution vests in us t of having a voice in the elestion of our own officers, k First, then, there is Mr. Martin Van Buren. Of him h I do not wish to speak anything harshly or unkindly, ti Mr Van Riiran in a iranf IntnRn In fwilinir kinri an rl *1 courteous in bis manners, but at war with every prin- j> oipie which tbe whig party hold dear. He is one with ? them, however, on one principle?on the eubjeot of y free soil, which at present occupies (to much of the pub- * lie attention. I do not mean to say tout he it not sin- a cere?Uod forbid; but it cannot be forgotten that, du- ft ring his whole life, during his whole political career, si be opposed this mtasurc; and I fear the wounded and ft fliutering wing of his late repentance will hardly giro tl him strength enough fo soar to the Presidential chair. G (Llieers ) With regard to Mr. Cass, he has been all d things at all times The honorable gentleman (Mr. p Hoffman) here referred to General Cass's racillattona > on tbe subject of internal Improvement?on his change n ftom 54 40 to 40 degrees on tbe Oregon question, at ti tbe dictation of Mr. Polk?on his turning rouud at the t! declaration of the South to vote against the Wllmot n proviso, after previously having promised to vbte for it. t: Like the bat [continued Mr ll J in jEsop'a fablee, on q the occasion of the oontest between the beasts and the t birds. General Cass hovered about, until be was able to o see which side victory inclined, and he then declared c himself, and came in for the spoils. [Laughter.] Kel- a low-citizens, what is the couree which the whigs should n puisue in this struggle ' To unite, in union la our ti strength. That flag must wave over every part $ of this Union. [Cheers ] I call upon you. therefore, ft to lay aside your preferences, to sacrifice your anger, ti to rally under this banner which is to lead you to si victory. [Cheers] 1 do not doubt but such a will be tbe case. The quiet and the apathy which oi have been evinced, and which have impaired ji m..a? ha lot,! m ws A lllra ?ka ! .. UUX CUCXIJICD, UIUOI inj ??'U oiuc, auu ti&o vuv : C1 sun of Austerlitz our prospects will Rhine forth and 1 jv become oheering (Cheers ) You all remember when it the news came that Ueneral Taylor's forces in Mexi- j co had hardly provisions for a week, what a damp and t) discouragement it infused into the hearts of your oiti- h zens; and when, notwithstanding this, the intelli- ec gence subsequently arrived of the splendid victories ij he achieved at Kesaca de la Talma and Palo Alto, tt what a feeling did it not inspire. We began to breathe c< more freely, and unbounded was the rejoicing that we tc bad such a man as the commander of our army. , c< (Loud cheers ) And so is it now. About a month vi ugo. despondence and doubt pervaded the hearts of w many. These who should have been with us, were d< against us. Now, however, he that gained suoh oom i? plete victories in Mexioo, had managed to inspire dif- u It-rent feelings, and victoiy would follow here also, ai (t hi era.) [The Hon. gentleman here referred to the < p< exertions of Messrs. Webster, Choate, and Wlnthop, 1 oi in Massachusetts; Mr. Tom Corwin, in Obie. and to ai the changes which bad lately taken place in New d< York; and concluded by again eloquently impressing w upon them to lay aside all their preferences, to give up ! i? all disunion, and to rally with enthusiasm under the n old whig banner. By this means, they would be eer- p< tain to baffle tbe machinations of their enemies, and pi achieve tbe viotory. The Hon. gentleman resumed t< his seat, amid loud oheera ] m Mr URKift.cY, being loudly called for, briefly ad- pi dressed the meeting, stating that, under any olroum- fli stances, he would go in favor of whig principles? t! which, of course, includes General Taylor. (Cheers.) it A Taylor song was hereupon sung by some few per- ai sons on the platform; when the meeting separated. ai n Police Intelligence. '' Before Juilice Lot hi op.? The Police Court yesterday fc. morning presented rather a lively appearanoe by a u goodly muster of prisoners brought in by the polioemen y from the different wards. Some wore black and some . were white and some were blue, that is to say, blue d from the previous night's spree. These prisoners D were seated along on a beach, or as many as could 0, be seated, tbe balance being huddled together in standing room Amongst this group or thieves, rt vagabonds, (drunkards and prostitutes, was seen a ? decent looking middle aged man, bearing an inter- .] eating growth of sandy hair around his dlscriptive i, organ. This individual was ornamentedfwlth a neat j black eye, and. his clothing, which was of the moat | t( fashionable style, only a little the worse for the lima. I .. were spots occasioned bj a night's lodging in the station i, bouse cell He was seated between a strapping big ^ black woman and a white thief, one of the notorious of tbe Fire Points, and there he sat awaiting his name d to be called in rotation. At last his name was called, g( IVirro Bodeekl, that being the name he gave The of- . fleer who brought him in said that he was much in- ' toxicated in Broadway, upsetting ash boxes and dis- tl turbing sign boards. Tbe magistrate asked him what 0 he had to say in defenoe of the charge preferred against 0 him. when he shook his head in the negatire like a D philooopber acknowledging the oorn, and the masts- ? irate, wishing to set a good example before tbe loafers s present, fined him fire dollars, which he paid, apparcntly with much pleasure, evidently glad to get off so M lightly. Tbe other prisoners were disposed of aooord- y li.g to their merits, some to the penitentiary and t{ others to this city for trial. Daring the day other po- fl lice matters were rather dull. lt Charge of Orand Larceny ? Officer Walling, of the j lower police, arrested, yesterday, a Dutchman by the name of John Salapeater. on a charge of stealing, by ( trick and device, $40 in gold, from a Pole by the name s of B Wteakowske. residing at No 68 Fourth avenne, . On his arrest,he acknowledged taking $30 of the monev. . which, he raid, be had spent; bat ?u willing to refund It bark again at *o munh par weak out ot hi* wage*. Ae thin did not exactly auit the magistrate ha committed him to jrleon for a further hearing. It nil road Aflklra. The sum of $.12(00 ha* been eubearibed la Briatol, It. I , toward* constructing a railroad from that place to Proriderce Tiir tfrnTHI* ?On the lflth ln*t the top* of the hille to the r>ortliw*r<t fn tu QueWo were entered with new Quite heavy fro?l? Imve made tlielr app-*r*nre in the tirinity of ttiobraoud, Va, ?nd '.inclnnali

Ohio, within the last weak. iRK J DAY, SEPTKMRKR 2 I>*w bittlllKMw United Statu CiaeoiT Cut ?r, Sept 24.?I'reirnt Hie? Nebos end Sett? Dnimm.- Tie United Stales r? Jt set linyt f ethers. -N?u??, Juetloe.? I'bi* in t bill lo Mbt i-quil; m<le o( be court. It ?to out, tar Mb<Uooe thot (Be er-r?loinoaU bore recurs ed o juditment aitein-H J sum Inyt, 10r $211 003 so. for imw;i to hi- hwude: rwesired < olleetor of Uw port of W?w York rod1 which* hw u neglected to pay or roe*Wat Ibr; thai. btfi'irtlN wiiwr; of raid judgment, uid )?ih ?u dm owner* of ral estate in fit* street, IIP tk* alt; of New Voih nd in tho State* of Mirjlatdlrai IIIisioih nod' alar f certain personal estate, oamHating of ofe4in*autf iBianda aad stocks, apeciOed' mad dnacritxd in the aid bill; aad that, on the 0th of Waroh, 1H41, Mi* arid wa? ootrreysd and assigned tho sereral paroels of roperty to Jesse Oakley and O 9 Kiamaiu, to it* hold i triiHt, tto-eoncert tho same lath-money. and apply !> proo??d? thereof to the payment of any Judgment bloh the oomplainanta might thereafter retoeer [alnat himeelf and sureties upon bla offloial b <od a* olleotor of the port of New YorW Hi* bill then barge* that theae conrwyancs* asd'as/igamsqfa to le trueteea are roid as against the* o'impUinaaU, aa n Inequitable hindrance and Impediment to the cototion of their judgment; that, on the 12tb Noremnr. 1842. the satdOeorge Ki*?am a-sUoed all hut iate*t in the trust property to liorrnsoll Hoyt with the anient of thr sureties, subject to th# same trusts; iattb* property ttraa held in trust waa worth orar 26,000, and ttht the said trustee* had rewired direr* .rge earns of inoney from the rents aad proAts of th* <i 1 estate, and from the other properties aud assets i their bands, She amount unknown; that oomplalnDts hare requested* Che trustees to apply the sereral lots of money that receired to the payment of their ild judgment, and alto to execute coureyauoes of the *al estate to them the complainant*, which request u been refused ; u? id* trudtom are miMprnpristing the Hid' fund*, and devoting thorn i purpose* which are wholly unauthorised by the rma nt their said trnst That they hare paid out rge sums ot money hi payment of the private debts ' the said Jesse Hoyt, uot charged upon the fund; id in particular, hare paid laige tun* to the oouusel the said Jesse, In eondueting his defence to the suit the complainants against am. in which the judgent abore relolted was reoorered, which fees were not laiged en the said trust fund That the judgment mains unsatisfied. and Chat the trustees are persons little property. The bill prays a dlsoorery and r the appointment of a receiver and for an injunoid. ana that the trustees may account for the ap-' Ication of the trust fund to the payment of thejudg5nt against the said Jess* Hoyt. The separate iswers et Jesse Hoyt admit that he was oolleutor; e judgment recovered against him; the esstgnnnt of his property to trustees, as set forth in e bill, bnt denies any fraud - in the transaotlon. le joint answer of the trustees admits the judgment, e assignment of the property to them, in trust, scribing it particularly; denies that they have reaed large sums of money out of the trust property, t admits they,have received certain sums, which ey have specified in sobedule B., and also made rtain payments and disbursements particularly set th in the debit side of same schedule; and that schene A exhibits all the moneys reoeired by Jesse Oakr and Q B. Kissam; the answer denieeany request to y over the said moneys, or to execute to the camiinants conveyances of the trust property; admit* e tt|jjjjivavivu vi BVTvni buub ux uiuuhj rr?ux?u uub the tru?t fund to tho payment of counsel's fees, in ? defence of tb? suit of the oomplainao t* against tho id Jeciio Hoyt, M they claim they had a right to do. oder a stipulation in the case, It is admitted by the ties?First, That in the year 1830, A il Vauvrick nvt-yed to L. B. Hoyt, lot No. 23 Pine street.auh)eot to i outstanding mortgage of $1(1000, and at the same no in-signed to him an unexpired term of the lease of ot No 26 Pine street, said lots having been puraM-d, and the consideration paid by Jusi-e iloyt. and his direction conveyed to the said 8. B Hoyt. cond. That L. B. Hoyt, by a deed of the 0th arch 1841, and by an assign-nent of the same date, nveytd and transferred all his title and interest in e said two lota to their trustees, Jesse Oakley, and B Riesam, subject to the trusts, as herein before ated. Third, That Jesse Hoyt aad wife, on the 0th of arch, 1841, coi vejed by proper instruments, to pass, I hie title and interest, to Jesse Oakley and Oeo. B. ist-am. certain lots and psroels of land, situate, and ing in the States cf Maryland and Illinois, panic urly set forth and described in the sard stipulation, ion the trusts above mentioned ; and on the same iy assigned all his interest in certain seisur??, ho., ade under the revenue laws, while he was oollector, nd also in certain atoahs and ohoses in notion to ?? ?ui4 trusties, u$on the tfuwtrulbfwsald Fourth, bat oil the 12th of November. 1842, George B. i.ssam conveyed and assigned all his title and interest i the trust aetata to L. B. Hayt. subject to the same rusts. Fifth, '1bat before the filing of tins billoount on lie tith April. 1843, the said trustees paid, or caused to e paid. $1,000, part of the trust fund, to D. Selden nd F. B t utting Ksqutres ; and also, on the 26th of larcb, 1843. paid, or caused to be paid, to JohnCadalder. $2 000, out of the trust fund, with the privity nd assent of the sureties aforesaid, as counsel fees. >r defending the suit of the oomplainants against the lid Jesse lloyt, in which the judgment above set irth in the cause was recovered; and also tbat :ie said trustees paid, or oauaed to be paid, to ieorge A Browne, for cleric hire, for services renered in examining the accounts of the said Jesse, reparatory to his trial, aforesaid, the sum of $060. lo serious resistance was made to the appoiutjent of a receiver to take obarge of the trust esate, for the puipose of converting and applying be prooeeds towards the paymeut of the judguent, or to the accounting of the trustees for the rust fund, while in their bands. The principal uestion was whether the trustees were bmnd 0 account for the three several sums paid to the ounsel of Mr. Hoyt, with the assent of his trustees, for onducting his defence in the suit of the oompiaiuaats gainst him, and to the clerk employed in tde examilation of hie accounts with the government preparaory to his defence, amounting in the aggregate to 3.t>60. It was admitted tbat this sum was realised rem the property assigned In trust. The Court held bat the complainants were entitled to charge the asgnees as their trustees, and to oompel, in equity, the pplication ef the property assigned to the satisfaction I'their judgment, as the property proceeded from the idgment debtor, and was designed to be a counter seunty to the defendants against the demand now in idgment; that the defendants did not receive or hold in their own right, but as the means of satisfy i ng the ebt in question, whenever it became fixed upon them; lat a trust, by implication of law. was created In beu If of oomplainants upon these facts, when a court of juity will execute either by devoting the estate direct' to a seizure on execution, or compelling the trustees > dispose of the same under the supervision of the jurt, with a view to the appropriation of the proceeds 1 the judgment. 'I he Court further held ttiat the mveyanoe in this lease by Hoyt to the trustees, was a Dluntsry assignment with which the oomplainants ere neither parties or privies, and intended as an inenmity to the sureties on his official bond, and was (severable by the assignor, with their consent, at least ntil notice had been communicated to the complainuts, and they had affirmed the same; that where a rrson without the privity of his creditors, and withiit consideration, mat es a disposition of his property, i between himself and trustees, for the Davmnnt of his KbtK, be is regarded as merely directing the mode in bleb bis own property shall be applied for his own eneflt; and the general creditors, or the creditors arned in the schedule, are persons named for the pursue of showing how the trust property shall be aplled; that the right of the complainants, in this case, > seise upon the trust estate and appropriate it to the rtisfaction of their judgment, under the trust, by imlication of law in their favor, did not attach until the ling of the bill. This being the first steo taken by lem in affirmance of the trust for aught that appears i the pleadings and proofs before us. and. therefore, ny disposition of the proceeds, with the assent of the ssignor, and the sureties, previous to this time, was slid,and need not be accounted for by the trustees i th settlement of their aconnnts. The Samtvt Jetie Hoyt and five othen.?This was n action in debt on the official bond given by Jesse loy t and his sureties, as Collector of the jport of New ork, dated 30th November, 1838, in the penalty of 200 000. conditioned for the faithful discharge of his uties as collector. The breaches assigned were, for eglecting and refusing to pay over certain baianoes f public moneys in his bands, received as such col ctor. I he defendant (J. Hoyt) pleaded n?n tit ictum, the Other defendants nil delict. Th? cause m continued down to the termlof the court held in he oity of New York, on the third Monday of October, 347, when the said Jesse Hoyt put in a plea piui an ten, <f c , setting forth that the plaintiff* bad herejfore Impleaded him and one Tbelps, since deceased, i an aotion of debt on a bond made by them, on the Ith December, 1888, in the penalty of (200,000 ; and fter reotting the appointment of said Hoyt as Collector f the port of New York, conditioned for the faithful lar barge of his duties aa such collector, by which laid ction the plaintiffs demanded and sought to recover gainst the defendants, the same identical sum of inney as Is demanded and sought to be recovered in his suit; and which are the same identical breaches f the bond, aa the breaches assigned upon the bond, yer of which is given in this suit; and that such roceedings were had. that afterwards, ke. by the onsideration of the court, judgment was recovered, o. The plaintiffs demurred, and the defendants lined in demurrer The court held?first, that the pcond bond given by Hoy t and Phelps, 14th Deoem *r, 1838, did not of itMlf operate an a merger or exIngulshment of the flret one, though given for the tm? debt or duty, It being a security of no higher igieetban the first; and that for a like reaaon, a udgroent upon it would not hare that effeot un s* followed by satisfaction: It only extinguished he bond upon whioh this suit wan brought, eennd? That the eeeond bond holng between different erf lee wae strong if not oonolueire against the merger r extinguishment, and threw upon the defendant* the iurden of ehowing, affirmatively that It wa? taken and crcpted in eatiefaotlon of the flret by the plaintiff, hat otherwise it oan be regarded enly as oollateral ecurlty, as was the obriou* Intent or the parties In he execution ofthesecond bond. Third? Thesnsond wind being collateral to the flret, a judgment recoverd upon It against Hort eonstitute* no barton joint uit against htm and the other eo-obliger* on the first end, as separate salts may be brought jointly against II parties whose names are found on different Instruritits given as collateral security for the principal lebt. *lu tti?r the obHsgtloa entered ln?? la the tflf eietit instrument* given as collateral. be Joint or eretal, n.eke* no difference. beoause the forme of prodding regulre tbat they should be sued jointly or SERi 8, 1848. ?auiviauall>, luai.r m? mill or, ! o,. mill t b'jiial la at) oarer Deride*, a judgment upon oae ooilatrral instrument doe* m.t e?rk an nttnguUhment of another given for lh? ren-edebtor doty, any onr? than It work* an eating nlrh in-at of the prtnoipal ifebt ?the remedlve open the different inetmmante, therefore, are independent of each ether fourth?The averment he the plea that the plaintiff nought to recover the mm identical tun of meney In thU eutt, that thej nought to reoovr? la the former, and upon the idvtitioal breaahee aeelgned, fc*., U entirely ronvtetent with the faat that the one *ourity watr collateral with the other, and d*M not DtreNMlly impart an eatingulehmnnt; the pleader* should Have gone farther, and have averred that the one Ma given- and aoeep'eff In1 eatlfaotlon <>f the other, or tHat eatii-faoilon had followed the 11 ret judgment. Jamti U'ihan vw .'/??Vm Packard ?ThU wag an notion on the can1 for the alleged infringement of a patent granted to the plantlif for an improvement in hip cabooaee, lTtilmf Angw-t 1843 The Improvement ae otalmed ooneiet.?d in reouriog the fire-platts of the etove from melting by- the antien of the heal by the uae of aoap rtoae, Are brick, olay fco , faetkned to the inalde of the Pre piatta in a particular manner' In one or mo* Mention! Annlientida waa made fbr a patent la the early part of tbe year 1940. tot the ssuivg was delayed on aoeount of objevttons at the ifllee to the claims and specifications. till August 184.9, when ktfaras granted. It appeared that the improvement had been put on sale e early ae the year lSjJP. nu I had been continued on sale, and had been publicly sold bom that time to-the granting of the patent. This state of faota, it was olatoed by the defendant wade out a dedication of rhe improvement to tbe publi.v, and rendered tbe patent void. On the part of tbe plaintiff it was insisted that the patent was valid, notwithstanding tbe above foots, under the construction of the 7th section of the not of 188U, (ft; U 8 H., 364 ) That section is'as follows:? "lnat every ptisso, or corporation', who baser shall have purchoree r constrevted suy new ly Invented mweMue, manufacture or com reunion ol amttem, prior to the application hy the inventor or u tcovrier tor a patent, shall b? hsid to p.. see* tli? right to u?e, and vend to <vthen to be used, the specide machine, maiu factuio or comiioeiiu-n of inatieraso made or purchased without any Hal-ili y tiu-refur to the iuveutor. <r any <>h<er ix-rnon Interested ineiich inroniiss : and no patent shall be held invalid by | reason of such purpose, sale or i-ee, prior to tie application lor a patent aforesaid, except on proof of abandonment of such invention to tits public, or that, auoh pun-have, sale, or been for mure than two )cara prior tu snch application for a latent.'' It was claimed that the purchase or construction re? ferred to in the fore part of this section, means a purchase or construotion from the inventor himself, or from n title derived from or under the inventor; aud therefore the section, Impliedly at least, authorises him to put bis invention en sale, and to sell publicly, prior to tbe time ot making, application for his patent; and that as tbe purchases in the latter part refer to the case of purchases provided for and authorized in tbe fore part of the section, tales may be made at anytime within the two veers prescribed, prior to the making of juch application?and that the risk of the inventor in putting his invention on sale and puhliekly sering within the two years before he makes application is the risk only of evidence being produced showing an intention of abandoning his discovery to the pubiio?that no each inference is predictable upon the faet of putting the invention on sale On the part of the defendant it1 was claimed that this construction makes the hrepart of the section a work of supererogation as no statute provision would be necessary to protect the right of a purchaser from the inventor himself in the use of the machine purchased or constructed under him. The purchase itself would be aoomplete protection, notwithstanding a patent was subsequently granted?It was further oiauned as the true construction of the section that it raters to a purohase or eonstrnction of maohines under a title derived trom persons other than the inventor, or n construction by a person of his own ingenuity; and that while the section provides for thesecurity of rights thus derived, and expenses and laboue thus incurred and performed (and which might well have been incurred and performed in good faith) against the operate n and effect of a subsequent patent to the true and original invention, it at the same time guards against|the legal effect of any acquiescence or implied assent on the part of the inventor to such prior pubilo nss of his invention for a period of two years, unless evidence is produced of an intent to abandon it : that before this act as the law stov-d an inventor looking on and sequencing in the public use of his invention before application for his patent, though such use was wrongful, and for a less period than two yeats, would or m ght render his patent Invalid-: and that the object of the section was two-told?first to protect the purchaser or constructor of the machine prior to the application for i a patent in the use of the particular machine or maI ohines after it was granted-and second at the same { time to guard the rights of the inventor against the legsl effect and operation of anv aci|uiesoenoein such riublic use of his intention The Judges were opposed n opinion and as the point was of great praatioal importance, certified it to the Supreme Court ot the United Stales for decision. Dawts and Carry ads. J it*. Casiell ?This was a | motion for a new trial. The declaration contained I four counts, one against the defendants as acceptors of a bill of exchange ; second, the common money i counts ; third nod fourth, upon promises to accept. j ; Tbe defendants were commission merchants in the oity of New York, and had given a general letter of I credit to an agent to procure consignments of western 1 produce to their bonse. and made advances on the I same within certain limits ; and as a mo<l? of making advances, the house promised in said letters to honor ! any drafts drawn against suoh shipments by the owoor j and shipper, on the property being put in good condition for shipment. The draft in question was drawn 1 1 in pursuance ot the authority above given, and nego- I 1 tiated to the plaintiff, who took it for value, on the i > iaitii of said letter of credit and commercial standing I of the defendants' house; the drawers refu ed to ac- I i cept. The Court held that the plaintiff cou d not re- | j cover against the defendants as acceptor rt the bill; but could, under the count, cn a promise .o accept; j | and lhat there was sufficient privity be ween the I I bolder who had taken the paper and advanced his money on the faith of the letters of credit to sustain the action in his own name. 1 he Court further held that the facts of endorsements appear!'g on the bill, subsequent to the endorsement by tbe Dayer to the plaintiff, whether for the purpose of transmission and collection, or for value, did not prevent a recovery in tbe plaintiff's name; inasmuch as it appeared also that he was tbe holder and owner of the paper at the time tbe suit was brought. A re-indorsement was not essential to vest tbe legal interest in him. Ths Court further held that the protest of the bill, in due formfor non payment, made by the agent who presented it for that purpose, rebutted any inference of assent to a partial acceptance that purported to have been made on that day by the defendants, and which was (ought to be derived solely from the fact of a partial acceptance appearing on the paper under that date. Mo- j tion tor dhw trial denb d. Charles Jlndtrson. Executor of Phelys' i}-c ads. the I'nited Slates.- This was au action of a dobt on a bond, made by the testator and Jesse iloyt, jointly and severally, in the penal sum of $200,000. and after reciting that, the said Jesse Hoyt had been appointed collector of the port of New York, and had gleen a bond on the 22d of March. 1838, with sureties, for the faithful discbarge of his duties; and also another bond onthelSOih of November, 1838. for the like faithful discharge of his duties; and further reciting, that it was deemed expedient on the part ol the government, that the said Air Hoyt should give additional security for the faithful performance of his trust. Said bond was conditional, that if the said Jesse truly and faithfully executed and discharged, and should cont nue truly and faithfully to execute and discharge all the duties of the raid office, then the said obligation to be void; otheraise, to remain In full force and virtue Several breaches were assigned, the defendants demurred and plaintiff joined in demu rer. The question upon the demurrer is, whether or not Thelps the t? staior, by entering into the bond, with,the accompanying recitals became absolutely bound for any default of Hoyt in the discharge of his duties as collector, or only contingently, in tbe event of the failure or inabillty otjbe surerties In the previous bond to satisfy and discharge the same The Court h?ld that the said testator became absolutely bound; that the recital that it was deemed expedient to exact additional security, did not necessarily, nor, by any fair inference, import conditional or contingent security; that the condition was in the same terms as are prescribed by the act of Congress, and found in all the official bonds of the collector; that the recital was intended to show that : I'helps was not the sole security of Hoyt, but that he had become such in addition to the sureties already Kiven on the '20th of March and 30th of November previous, that additional security might be abaolute a? well aa conditional, depending upon the tar mi of the obligation, and that in thia instance it waa aiabaolute aa words could make it. 'Judgment foraplaintiffa. SurnBMc Coubt, Sept 27 ?Present Justices Hurl out, McCoun, and Kdwarda ?Decisions - JiUrrton Jan. ??. Calkins ?Motion for new trial denied, with costs. Seldtn rs. Vernilyt.? On a rehearing, order dlssolving the injunction affirmed. Curlii and othrri I'S Walton and Hugkei.? Deorae of aaalatant vice-chancellor affirmed with ooste Sarkrlt and olkert. appellant!, ti Hntu, adm'r, respondent.? Decree of surrogate of Weatcheeter county reversed, with costs of the appeal and the cause remitted to the surrogate for a new trial, with Instruction to allow the appellants to set up the statute of limitation* In bar of the rcapondenUrolalm. Sheldon and olhert rt. H'tekt and othtri ?On rnbearing of exception* to tha *ev?ral anawera of tha defnfldanta, tha ordar of tha judge at apeoialtetm affirmed with (10 ooata. The Same ft. the Same.?Tha lika ordar Storm and another t?. tha Same ?The Ilka ordar. Schriror and olhert vt. the People.?Judgment for plaintiff* on demurrer to tha doolaration iMngu orth. plaintiff in error vt l.udloir tnd another, tlrf'tndanli in error ?Judgment of Naw York Common I'lraa affirmed, with coata Stcor vt. Moron - Motion for naw trial daniad Taylor and wife vt fleet?Decree made at apeolal term rereried. and plaintlfh' bill diemlaeed with ooata fleet ft. Taylor and fi/'t, and olhert.? Decree made at *|ieetal term reversed A decree may be entered, directing r reference to aroertain the amount due,and providing that, upon the coming In and oonflrmatlon of the irport. the mortgaged premlrea hall be aold to ettiefy the amount to be reported due, with interact and eoata. CtacuiT (*ot*at. Sept 'JT ?Before Judge Kdmonda.? C. K lirick ft I'hila Cale.-Tblt wae an aotlon on a prouileenry note for |1()3 Hit. payable In *lf month* The defence net np waa eo'd It being made In frnad of deftndant'a creditor* Verdict for defendant Some laqutnta wtre then taken, and the oourt adjiurnad , LD. TWO CKNTS. Cot-nr CiLr?u??Thlo day ? Cirnul Cenrt ?WV * 291.294. 249 306. 269, 272, 299. 324 to 424. I St LmtU Harbor Can ?Tbo oin or the 4UU at llliwnle w, tbo oltr of St. Louia ta4 Um contractor* fcr fenprerlng tbo urbor of 8t Louie, ?? decided by I Judge Korrtrr. of tbo St Clair. (Ill ) Clroult Court oi Wednesday, by dlaaolvlng tbo Injunction, Bad diei tnWeinjr tb? dim m to all tbo dt-fondaata. Tblo 4eoioioo pwmlt* tbo city of 9t Loaio to ooaotraot a dyko In tbo Minlwiypl rirer. *9 tbo Illlnolo oldo, to improve lt? borbor. An appeal to tbo Hupieaie Court of Illlnolo boo boon token by tbo oomplainnnt. important Dniaion ?Wo loon that OB tbt 26rb ln?t.. in o oaoo of appeal by tbo BaJtlnrovw n?td Ohio Paliroad Company, from tbo dootoioa of UWgla tmto. who bod awe.*drd damage* for a oo# killed am tbo rood, to tbo Howard Dletrtet Court, tbo qoeotfbdr woo brought up of tbo onnetltatlonallty of a Into low pureed by tbo State making tbo agent or rmployt* of rnilrood company incapable of giving toe tl mo ay In a ff*ee to which the company la wa Interacted party. Afteratull dleouealon of tn# outwent, Judge Dorooy , tlonal and opposed to the pdaolplN of Jnatioe m# ? Bmltimere Jimrrican MmI1c?1 Lmnv Cmc?IIo?r to- Treat Small Pox. Toww or OwRwrfwuxoii, W seven iter k a Couwrv. Joirpti Datum vs. J O Bennett ?Thin wee la aotloa to rvoovar from deiendant oyer $ M la fees for medtoal attendance on a domestic, attaotad with small-pox while In Me servloe. at bin country seat at Hasttogs, aad treated by plaintiff, who la a physician, residing in the catn place. The general lei- se, nan aimnpnt wan pleaded. and the matter oame o* to trial, ou th iMth Inst., before Jasper J. (Voiding. J. 1' . at (Jreea burgh. The case created a great de.:dof Interest la the neighborhood, and the oourt, whlcVwae held in a room, in a tavern on the beach, at L)o( b's Kerry, wa< crowded Counsel for plaintiff stated tie ease to the Jury. The following is a curiosity - The Bill of Particulars:? James Gordon Bonnet To Joseph Pcbius Med Dr Kor medical attendenoe and medeuiug his serrant. 1H48 % c.' Jane 28 for two visits g 04 Catliartlo Mkxtua Kinetic . 0 ft Jane 24 two visits 200 ' June 30 two vitsits 2 0? Mrs Bennet sent for o? 10? July 1 two visits SO? Diapborect Mixtur Ti July 2 two visits 20? July 3 two visits 20? July 4 two visits 2 00 Htrb tbee 24 July 4 two visits 2 00 July 6 two visits 2 0? ' July 7 two visits 20? on* (lover powder ? July 8 two visits 20? dtver powder 0 Besides my two visits Mr Bennet sent for me 8 o'kiock In the everiog I found their agentelmaa who introduced himself as a Physician and with bttn 1 eonsulted and saw again the sike woman 10? July 9 two visits 10? July 10 two visits 20? Herb tbee 24 clover powder ? Jnly 11 two visits 2 0? July 12 two visits 20? dover powder ? Eje l.iniment, Tonie Mlxtur 40 July 13 two visits 2 00 C blore 4? July 14 two visits 20? Chlore 4? Chi ore 24 for purifying the siokro*m< .70 visits 4 tned. 40 0? Hastings 20th Seutemb 84* JOS ' OBIA.S MD Sylvester Byrnes, sworn.?War in the family of defendant as coachman ; hits lived with him forth* last four months ; knows Doe tor Delias, ike plaintiff; has known him sinoe be (witness) came to live with Mr. Bennett; has oalled Doctor Do bias as medioal attendant into defendant's family. (Defendant's counsel here objected to any course of examination tending to elicit evidence of nervines as contained in plaintiff's bill of particulars, as it was not served and verified according to the now codi; objection overruled. Decision excepted to by defendant's counsel.; Called on plaintiff to attend a nerve ut of ?lr Bennett named Tbnrese, during the past summer ; does not know how many visits plaintiff paid ; vm directed by his fellow servants to go fur tbe doctor on tbu occasion ; held the basin for plaintiff, who attempted to bleed tbe woman ; never was told by tilth, r vlr or Mrs. Bennett to go for the doctor ; the w man lived as cook in the family. Cruit-txaminrd?The dootor dll not su< ceed in drawing blood from the womah Mrs Bennett, sworn?Knew the woman who waiatthnrlaid Kir nluintlff' thu in lihAii liOMN not rMffllllffit pending for plaintiff; was in town whan the physician arrived; the woman bad been pick some day* belora the physician was called in; advised the woman te rend for one, or asked her to have one sent for; Dr. Dobia* attended her; does not recollect having introduced hini to any other physician at krr Douie; Mr Bei.nett told plaintiff that the latter knew nothing about bis profession; plaintiff told witness he had conceal) d the real nature of the woman's disease. In order not to ulaini the other servants; he said at first it wal chicken-pox; afterwards admitted it was small-pox; plaintiff was unwilling to enter the woman's room, although be permitted others to enter it James G. Bennett, sworn (with his own oonsent) ? Dr. Dobia* had called many times before witness knew of his attendance; knew nothing of the oase f for five or six days after the woman was taken sicx; it was on a Sunday hs was first apprised of the nature of her oisease; read a note on that day from Dr Do bias, stating thut it was a oase of small-pox; had an interview with plaintiff on that day. and told h m he had acted dishonorably, as a man and a physician; there r-as compan7 at my bouse at the time; wituess was obliged to burry them away, on receiving the intelligi one; at a second interview, witness told plaintiff he did not consider him as having any claim upon him. Valentin* Benedict, Sworn?Is a German; liven with Mr. Christy now; knows the parties to this suit; has never seen Mr. Bennett before. (Defendants Counsel?' How do you know bim if you have never see n bim l>efore ") Has heard about this oase; was in the room when the doctor was called upon by Mr Bennett's man. At this stage or ton trial thepiamtlll * counsel anted to withdraw the action, there being no te*t'mony to sustain it. Defendant * counsel proponed to submit it to the jury, but thia wan peremitortly declined by the opposing counsel. who inflated on the plaintiff's right to withdraw hi* auit at any time before the issue i* aent to the jury The judge sustained plaintiff'* counsel, and *o the aotion wan withdrawn. Counsel for defendant relied in nupport of hi* oase, on the rule laid down in the cane of ,viat*on. et at vi Wharani, Durnford and Kast's Term Report*, 2, 80? to wit: ' That if the per*on fur wboae u*e good* or service* are furniabed. be liable at all. any other promt** hy h third person to pay that debt, mu*t be in writing, otherwise it i* roid by the statute of fraud" Tbll statute i* Identic al with that contained in the Revised Statute* of thi* State In 2 R S , TO. sect '2. it lade, clared, " That in the following cases every agreement shall be void, utile** auch agreement, or aoine note or memorandum thereof, expressing the consideration, be in writing, aad subscribed hy the parties to b* cbaigfd therewith " 1. kvery agreement that by its terms is not to ba performed within one year from the making thereof. 2 Kvery special promise to answer for the debt, default. or miscarriage of another person Kor Plaintiff, <;ba*. A. i'urdy. of White Plain*. Kor Defendant, Benjamin oalbraith. Honrd of Supervisor*. SraciAL Mcatinn, Sept 27?Th* .Mayor presiding. The minutes of the preceding meeting were read and approved. Communication* from the deputy superintendent of common schools, asking for th* admtsol m of Henry Clayton, a blind boy, Into the common schools, hi* parents being unable to maintain and edueate him. Referred. Petilitm.?Various petitions for the correotion of tax** were presented and raferred. HiSeveral bills were presented from the poliea department, and referred. City Taxei ?Communication from the comptroller recommending that immediate action be taken by the Board to raise the sum of f2,70U42o. for the expenses of the city government for the ensuing year The Police.? Repoit of special committee reommendlng that attendant* be provided for the several court* appointed to be held in this cou oty. pursuant to the act entitled an act to simplify end abridge tha practice, pleading* and proceeding* of the oourts of this State.,pe**edjAprll, 1848. and that the Preeideat of the Board be r?H| ue*tecl to aefngnatB nuu?oin perilous for thnt purport. and nauMi their attendance at said court* at a compeneation not exceeding ? hundred dollar* each peraon After a ahort di*oux<ion It waa laid on the labia, with an underatnnding that it *ai to ba taken up at tba next meeting Hrporit of committee on annual taiei. the Ant In favor of correcting the taxer of varisua tudiridual*; tba other adveree to tba claim* for a ramiwion of tax** of eeveral other* The Board than a^jouroad to morrow, (thl* evening ) Tlte County Treaiarer, 8xi ar.T*a?'i Orno*. Albtty,I September M, 1Mb | I have submitted tbe<]Ue*tiuu to me Alt. roey f taBOral whether tba law of NW* reqairaa the el.ctt ?a of n County Treasurer for New York Although the letter ot the law reyniro* it tfj# Attunay.General deoidea that tba Chamberlain |* attli lb ba appolu ed by tba Common Connoll, aa'i a TYcaanrer i* not to be elected. I hare theiefore given inatrnotlona to the iherdf of New York, to have a County Trebaurer >tri. a out of the notloe. A copy of the Attoraay-Oanernl'aof.inlon i. . aeioaed to tlie sheriff wbleh he will donbtlaui have pnbl "bed Very roepectfully. your ohedtant ... rvart. CHUJbTOJ'flitJK moruan

Other newspapers of the same day