Newspaper of The New York Herald, May 29, 1849, Page 1

Newspaper of The New York Herald dated May 29, 1849 Page 1
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TH NO. 5471. Interesting frsm New Granida. THE PKE-lUt.Nl' OF THE REPl'BUG TO THE ORANADIANS. Fsixowf mz?*i-On a--uming the Arduous duties of the office of President of tbe republic, I have judged ll pioper that 1 should explain to you the principle* which will fbrm the guiding our* of iny admluietrati>u In retry rvpubl can couutry. It I* highly necessary (bat lhone who are governed should know what Are the rules of conduct which will be followed by those who goveru them. Ever faithful to those principles which triumphed in the <1< dotal ballot-box ou the 7th of VIarch last, yon will lind that i tdiull labor to support them, because the will of the popular majority is the one that I* to bo display d n ail tbe acts and measure* of the government. | 1 niu lull> convinced that all tUu political convulsions tlial have afflicted oar country, a* well an all the Spanish Aiuericaii Status, have bccu owing to the di-regard which their rulers have shown to the popular will aud striving to hi come teachers where the) ought only to be the willing agents of the views of the majority. 1 hall not foil iw such examples; but you will tind mo * aily to yield respect fully 10 the expressed opinion and ioIcu of the minorities in the Houses of Representatives?the legal exponents of the national voioe. Thus. New Uruuuiiu will have the representative system in all truth and the government will bo of the people and lor the people. With the. u views, I shall unite cordially with the Houses, to procure a retorin In the constitution, so that the entire governiuenlsl structure shall be a taithtul expression ot the principles of equality and republican rule. 1 he constitution ought to preserve in all their purity the grand principles of equality, liberty and toleraliou. those most piooious fruits of modern civilisation. and thus it will eontaiu within itself the germs of all improveuieuls that ran in the oourse of liuie be develops d. T've only method by which a people can give stability to their institutions, is to loud a ready aid to the progressive duvelopeinent of their prosperity anu to tho u varied and new exigencies which become ueccs-ary. 1 he virgin regions of America are the ones destined by I'rovideucu to offer to the hum mi raou the most complete solution of that problem of governing, Viz. : ruling all for the benefit of ull. I aui, for the good of my country, ninbiti-u* to do my part, a. d that most fervently to bring about such a ii agnii cent result. I'ublic education, which is the imperWhuble basis on which nil our institutions Might to rest, will he the object of my JTi atest s-ncitude and especial study I believe that nstri.ctlhi oi ght to be free; hut i also believe that the ft ivi ruineut ought to supervise it iu its course, and assist it in thu manner wbicli increasing social necessities may ri quire, in every republican government, wh ere uien are called to an active participation in the discussion of political affairs, it is not only the duty of tbe government to procure for them the means of general instruction, and assist the youth in the cultivation Of the sciences, but it ought carefully to watch over the develogcuieut of this same instruction, in order that this wull i f . treogili for the people shall not be distorted Into a disturbing or distracting influence, and this duty is tbe more required iu those countries whioh have but recently emerged from under tbe retrograde dominion of the Spanish monarchy, which dominion has left deep traces, thut it has been Impossible as yet thoroughly to eradicate, in my opinion, then, the work of publio education ought only to be couhded to citizens who are idem liicd with the institutions and the progress of civilisation The religion of our fathers. which is also that of the Immense majority of Urauadians. claims and will have my greatest reepict and veneration; but, being convinced tbat it will not appear in all its purity, or completely tuil.l its august mission, under those odious chains with which ihu tyranny ol nouio monarcus has bound il to their thrones, I shall uso my endeavors to restore it to Its necessary independence. in order that it may slnno with it* full spleador, and diffuse itself utider the auspices of its sanctity aud excellence. In earryiug out these views, religiously and democratically, I shall also respect all creeds and all forms of worship. because such is not only in conformity to the laws f the republic, but for its happiness and advantage. Liberty, security, would be vain and idle words, If the tribunals of justice were not religiously and punctually to administer the laws. Nothing, in my opinion, is so urgent tor tba republic, as the bettering of what is teroud tho administration of Justice. The poorer lasses of society suffer immensely from the present condition of this branch of public administration, and 1 promise, that in as far us depeuds upsn the action of the executive power, everything shall be done that is possible for the introduction of radical and lasting reforms. 1 he press, that institution which is so indispensable for the progress of reason and the practical working f the representative system, shall be most scrupulously respected by me as the chief magistrate of the nation. *s to thu abuso which is liable to be made of it, I believe that the antidote to that Is ts be found in the use of the press Itself; and that, consequently, in no case ought it to be muzzled, under the pretext or maintaining it within its proper limits. Tho press ought to be allowed a field of action as vast as that of thought itself. It ought only to be restrained when, by attacking private life, it is converted into a moans of defamation. Strong in the popular suffrages, In the rectitndo of my intentions, in the sincere and disinterested lore which impels me in favor of the dearest interests of my country, and the intelligent aid and approval of all good citlsens, I indulge the hope of preserving the pubtic peace and the observance of the laws, without any necessity fur tbe mainteuancu of any great permantnt force As long as the government is the work of ihe popular will, and it is disposed to govern with public opinion, there em be no necessity for supporting au expensive body of armed men. t'here will merely be maintained what is necessary for the protection and security of the coast, and the repressul of delinquents; and this forea only until the perfect organisation of a national guard has been effected, for uhifh npoanimilnn I uliA.11 hihnr nsxiduoimlv. But not on this ucc?uut aro tho considerations due from tie nation to those brave men who have served faithfully and heroically in times pest to secure her independence, to ho overlooked. These debts of national grautude shall never ho donied by mo in the exercise of my power In the direction of the public treasures, you may rest assured, fellow citizens, that I will presidu with the most scrupulous care, aud that every economy compatible with good service, shall bo practised, that the products of the revenues. Ike , shall never be diverted from the courses to which the legislatures may order them to he applied, and that in everything dependent on my authority, the fiscal system shall show the lively interest the administration takes to alleviate the industrious and poorer portions of the nation from those drawbacks and difficulties which might retard the increase of their store. I shall sustain tho liberty of industry. but I shall endeavor to prevent this same liberty from being converted into an oppressive and destructive inequality which so often attends on the accumulation of riches. Property, as the first element of prosperity and oomfort shall be faithfully respected. The sacred rights of our creditors, both home and foreign, shall be attended to, as far as the resources of the public treasury and the subsistence of the government will permit 1 hall occupy myself in this important affair. not only under the view that credit is an clement of power, of glory and grandeur, but, also, that It is sn obligation which conscience and tldelity call on as strictly to fuitil. Desirous to satisfy tho increasing hopes and necessities of the country. 1 shall omit no measure calculated to promote and bring to a termination all those public works which can" contribute to facilitate lier commerce and develope her industry. Conit< (juenily, roads and means of communication ? which I consider not only as elements of riches, but as niesns of civilisation anil good government?shall receive from my authoMty every Impulse compatible with the resources at our command On this point. I am contldent that I shall leavo nothing to be desired by the most ardent apostles of human progress. The isthmus ol Panama has commenced that majestic career which its happy geographical position has entitled it to expect Be assured that this important part of our republic shall receive liberally all the aid its prosperity demands Its Immense importance ami rapid tli'Telopement shall not be confined by a timorous o penurious policy. Itesolved to maintain, with energy and decision, th indi pi ndence and dignity of the republic in its rela lions with the other nations of the world, I shall observe towards them all such good'faith, frankness and cordtxltty as lends me to hope that, doing justice to hi. inn.ritv of ihese sentiments. New Granada mav during the period of my administration, count on tti perm am nt maintenance of its friendly international relation*. Identified a* my administration is with the principle* which direct the government* of Venezuela and the Ecuador. I entertaiu the Armest hope that far from disturbing our relation*, each succeeding day will And tbcm more strengthened lor the prosperity of the tlirco States, and the dednitive and irrevocable establishment of tho democratic form of government in the territory over which waves the glorious flag of Colombia. JOSE HILARO LOPEZ. Bogota 1st April, 1840. Kavsl Intelligence. Orders have been received to pay off the erew of the U S ship Independence, and take the ship up to the navy yard A detachment of marines, nnder command of Lieut. Henderson, arrived here yesterday, In the steamer Osceola.?Norfolk Beacon, May ilfl. The National Intelligencer contains the following eltract fioin a letter received in Washington on Sunday, from an officer on board the U. S. storeablp Supply, Lieut. omnianding Arthur Sinclair, which sailed from JNorivIk, March 8, for tbe Mediterranean :? ' Oirraltaa Roads, April 8,1840. " Wo eame to anchor In ibis harbor laat night, having made the passage In twenty Ave days. The weather was extremely stormy the whole time. Wo remain but too days here, going dirert to the naval depot. Spezxla. The ti gate St Lawrence was In Lisbon at the latest advices Lieut. Owathmey and I'Assed Midshipman Paulding leave this to-morrow to join her. All hands are quite well and har* enjoyed most excellent health since leaving home.'* Wnons on Fire.?About eight o'clock on Sunday night, the woods upon hii island on Charles river, a little above Waltham village, and opposite Auberndnle. Newton, were discovered to be on Are. No effort was made to extinguish Ihc flames, which burned slesilily until about four o'clock yesterday morning.? Much valuable timber was consumed i'hc Island is owned as we understand, by Mr. Brackett, of Newton, and Mr John llirbardson. of Watertown. The Are presented a grand spectacle, and the banks of tbe river wars lined with spectators.?Notion Courier, Mty U I E_N E1 Wreck of the Emplre-The Inquest. I Fun kill. Mon lay May 28. This morning I tilted the wreck, and found itlll farther progreii made. It bad been got up some twenty feet nearer the ahore, and the name on the larboard paddle-box. under "the rising iun." ii distinctly rial- la ble. She baa been raised fully four feet ainoe Satur- at day. and by next tide, which will be a low one, she will ? be lifted much more. A portmanteau and a box of dry good* were taken up when I was there. As the lug- b: gage-room ia on the starboard-aide, and as that side is ti next the channel, and lowest in the water, on account w of the slant of the mud on which her bottom rests, the door cannot be got at as yet but soon will It is just aft of the puddle-box. The forward part of the main ct deck is now dry; and there is about five feet of water on u tbo extreme after part. I had room to sail In a small b< at. between deck*. about three fourths of bur leugtli J There can be no bodlea now on the niuin deck, oxcept ' any that may be aft; and as ' the ladies' cabin." (so called, but not ocmplcd by ladies. unless tor want of 11 room elsewhere.) baa been carried away, there ia little likelihood of manv beintt found In that quarter. P' Most of those that w ill be got hereafter will be fouud " In the lower cabin. The forward part of the main deck '' being out of water, aearrh baa been made with hooka iu the forward cabin, but nobody lias been discovered aa * yet It is expected that the fourth brother of the ' 1,adds is in that direction It ia believed that all the bottles would now float, unless held down by some means or other. It ia thought that there luuat be another breach under the one at the water's edge, as Jf otherwise it Is difficult to imagine how she filled so fast. The upper hole Is above the water liuo. hut it is J' supposed that a timber having been struck, it " trippi d" out below, and thus made a second aperture. All, ''' however, will ioou be n ached, as there is uow uo doubt J that she will soon he got up. ** THE ADJOL'K.NED IN'Qt'EST. The Jury were to have assembled at 10 o'clock * this J".' morning; hut the t.'oroncr hating gone to the wie.-k in scutch ol bodies, did uut return till I'd o'clock. | ] Newtvao, May *J7?1 P. M. lo No bodies have been found to-day The wreck lias swung round with the tide, and her bow is now up the t) river. The Hohert Annette steamer has been plying c| to and from her all day, with passengers, and a number D) ?? ....oil i....i. ol.o v.....o ..~.l.......l i.. k-1- .l si... r w o". ? . " '? n " " u11"riu8 mo s| cuiiouxto view the wreck. The Joseph K. Knup line u just arrived here from New York, with a considerable Cl number of passengers, whose chief inducement was to see the Kmpire It is said. that a Catholic bishop is }t among the number of the lost. The Ladd family have UI received fl OUO and all their goods from the company. 0R That suin la to compensate them for tho damage. They rt. only lost a wagon and a cask of rennetts. f, NcwnuRo, Sunday Night. re A complete change ban taken place in the appearance th of tho wreck of tho " Empire." On Saturday evening, hj the water wax etill running two feet over the atter Ha- in loon deck. This evening, the stern id no rained that a) not only id the saloon deck ail above the water, but the windows of the xuloon are above it by a foot. It la ex- Hi pectcd she will be completely rained by Tuexday, ao aa P* llint they will be able either to tow her to New V ork, or af to pump her out with the xteam pump hero. The latter course will be adopted, if practicable. cv Police Intelligence. y< Brroax Justice Lotiirop.?'toe Police Court yosterday morning waa remarkably lively, aa the vigilant tc police of the 6th ward bad arrested during the night a< aorne fifteen females, of a variety of colors and cum- t* plexions, some red and bloated from the effects of rum; r< others pule and alckly looking from the effects of dissipation of other kinds; some were decked nut in fancy If looking dresses, with a shocking bad bonnet; others ft again were dressed in shocking bad dresses, and a & rather dceent looking bonnet; somo were laughing, * while others drew a long face, fearful that six months it on Blackwell's island was surely their doom. All these unfortunate creatures fallen virtue, huddled together, exhibited a scene of extremo depravity, that 1? would absolutely strike the eaeual observer with feel- te ings of horror. Officers Jenkins and Dowllng stated to <11 the magistrate that the females present had been ar- d< rested during the night by them, under tho directions P< of Captain Mngness, as they were all inmates of the 11' dwelling called the Bath house, situated at No. 62VX Pearl street, and that the neighbors in that vicinity B bad made frequent complaints that the girls had be- ai tome a nuisance by eoadueting themselves in a very la disorderly manner. The magistrate, on hearing the charge, called ?p the girls and informed them they 1* must leave the premises, and thereby abate the nul- p riince; ana upon inon eonsiaereuons ne wouia wnow y tbem to go; but if they persisted in remaining in that u vicinity, he should ho compelled to send them all to ol the penitentiary for six month* earh. This propo- ol itlon was readily assented to, and the poor miserable tl girls were discharged from custody, to seek another lodging place, in order to carry on their wretched Ufa P of prostitution. ? Charge of Orani Larceny?Officer Farvlll, of the 7th a! ward, arrested two men yesterday, bv the names of P Henry Smith and Barney Conlar. on a charge of stealing ol *120 from the possession of Patrick McLaughlin. On the arrest of the accused, tho officer recovered *115 of 1' the stolen money. i' Charge of Forgery.? A young 8panlard, by the name m of D. O. Latere, aliae Antonio llameres, was arrested. tl yesterday, by officer Prince John Davis, on a charge of forging a letter of credit from the firm of Mangangas, w Ducatel k Co., Havana, to Messrs. Damnruaud fc <>t Lemayne, of New York, representing that the former ol firm had drawn upon the latter for *300. This letter, and also a similar one, directed to another Ann in this city, were pronounced to be both forgeries. The ac- el cured, who could scarcely speak a word of Hngllsh, was a committed to prison, by Justice Lothrop, to await his ti 1 rial. tl Paning Bad Money.?A black man, by the name of D( Joseph Jones, was arrested yesterday on a charge of rt passing counterfeit money. Officer Benson, of the 17th 0t ward, arrested the acoused, and Justice Tlmpson de- te talned him for a turthcr hearing .Irreit of Rioieri.? On Sunday evening abont nine tt o'clock, some thirty rowdies made an attaek on the >>, German porter-house kept by Frederick Landman situ- rr ated at tnc corner of 40th street and Mndlson avuune, <. ] by throwing stones at the window, and firing pistols, in order to drive tho inmates from within, and then tl beat several of them with clubs. Information of this rj riotous conduct was despatched to Captain Johnston, to of the 18th ward police, who at onco headed a your of u, n? beet men and started in pursuit 01 rne rowans, un |U arriving at the seene of the riot, the Captain, with hi* v( men, made a ru/-b on the rowdie* and secured two of ,,t; the ringleader*, called Isaac Taylor and Wm. O'Keefe. In taking these prisoners, officer Crump received a vio- ai lent blow on the head, which felled him to the ground, p, and much fear is entertained that the injury will provo f,. fatal, as Mr. Crump was picked up senseless, nor ha* 4; he spoken since receiving the injury. Tho accused 0t parties were taken before Justice Bleakley, and committed. si Ji Daring Mtempt.?A sailor, by the name of Andrew c, l.awson, was arrested yesterday, by the 4tli ward police, u on a charge of attempting to rob tho schooner La Belle Francisco, lying at the toot of pier No. 9, Fast River, which was known to contain several thousand dollars in specie. It appears that the accused, with his ship- H( mates, three in number, who brought the vessel Into p, pert, knew of the existence of the money on board, p. The next night alter their arrival at the dock. Captain p Ingrahuin engaged Nicholas Code, a* a watchman, to g( guard the vessel. During that night, the seamen, as (| above stated, came on board, and, without a word, u knocked down Fir. Code, for the purpose of rifling the c, vessel of tho money. Mr. Code wan not so rnucli y stunned but what he could give an alarm, and the ra?- , j cals. finding themselves foiled in their design made c, their escape. However, one of the accused party. An- n, drew Lawson. was caught, as he was on his way to Pbiladclphla. Justice Lothrop committed the accused to prison for trial. a, Mobbing an Officer.?The premises occupied by Mr. George teuton, policeman of the third ward No. 204 < pj Greenwich street, was broken open, on Saturday last, jj, by some expert thief, and $40, together with some jp wearing apparel and jewelry, were carried off. No pt arrest. gi rfnoibrr.?Some thief, on Saturday, entered the pre- | mince. No 71 Hfth street, occupied by Mr. Thomas m Way, and carried off ten siver teaspoons, four large Wl spoons, and one mustard spurn, all marked " M. A. j W." Also. $360. and an over-coat. No arrest. I n, Saragr slttaull on on Offlcrr ?As officer Watson, one r, of the vigilant* of the tirrt ward, was at the foot of f,j wall street, yesterday. ne ooterna ? negro. canea j James I). Lane, stealing tea from tin- chests v-kieb had it been arid Ht auction. Mr Watson detected turn to the j,, art and endearored to take hiiu into custody. The a rsrrnl drew a table knife, with the greater part of the ] blade broken off. and cut at Mr. Watun, inllicting a j>] diep and ghnstly wound on the neck of Mr Watson; alto a desperate one on the left hand and wrist. sever- , | Ing the artery and corde of the hand. The blood tlowod j? profusely. and much doubt ia entertained of hie reco-^ rent. The blaek rascal wa* subsequently arrested, tj and conveyed iiefore Justice Lothrop, who committed j, him to prison for trial. p. Severe Fike st Tiffin, Ohio.?WsitEttot-SKS *' and K.OOO Bt SHEJJt'op Wheat Destroyed.?On p] the night of the 16th instant, the large warehouse of W.N. Montgomery, situated at the Itailroad Depot, at Tiffin, (O.,) was burned. It contained about 8.0OO buthcls of stored wheat, belonging principally to far- w mere, together with a quantity of stores, marble, and -p merchandise of various kinds. An insurance of $8,000 was on the building and eontents. whtch is thought () nearly sufficient to rover the loss sustained by Mr. jj, Montgomery; $8 000 of which is In the 8tark Mutual, and $11,000 in the .V.tna insurance Company. It is [ supposed the warehouso was set on Are by an in- r. c? lid.ary, a, Navat-Storks.?We arc already exporting spirits of mrpcnline and rosin. David Stodder has lately shipped to New Orleans 360 barrel* of rosin, and to New York 70 barrels of spirits of turpentine all from Ri the distillery of Colonel R. U. James, of Clarke county. 1, Heretofore our supplies of these articles came from W New York, the crude turpentine having been sent thl- M ther from North Carolina for distillation. This unnatural course of trade is stopped already ; for Col James M and other distillers can not only undersell those who pi purchase supplies either in New York or North Caro- a linn, but they can ship their surplus stocks to the for- L( tn? r and other ports, and realise satisfactory profits.? Molilr HnmU, May JO. bs Fire in the Woods.?We learn from the Salem t? Gasrtlr, that a destructive fire haa been raging ae- q, veral dsys this week, in the woods, en an huand in in < liarb's river. In Newton. The Are la supposed to have taken from the svgar of seme pleasure seeker. W YO MORNING EDITION?TU Icrllng In front of tlio Tombs, to Remonstrate Against the Establishment of a Cholera ffospltsU at the Old Arsenal, In Cefitre Street. A large meeting of the eitlsens sf the Sixth ward was ft evening held in front ef the Tombs, in Centre reet, to remonstrate against the old Arsenal being ted as a cholera hospital. The place was Illuminated f the gas lamps in the vestibule of the Halls of Jusce. several wax randies, and numerous large bonfires, hicb were lighted and kept burning in the street. The following gentlemen were called to serve as offl rs of the meetingAs President, Peter Field, of I'lilte street; as Vice-Presidents, Philip Collins and homss J Barr; as Secretaries, George Wilkes and wen W. '1 bv first business in order was reading the call of the leeting. which was as follows :? ' Save your lives !?Citixens of New Vork. who are oplived to having a general cholera hospital located at le old Arsenal yard. In the centre of the most popuiua portion of the city, lying immediately between the ro gri at thoroughfares of Broadway and < 'entre street, ill mo t on Monday oxening on tbo steps of tho ombs. in Centre street, to protest against tbo saine, id t<i take into consideration such measures aa inay 9 suited to the crisis " A motion to adopt the call was put. and carried unainnuely After which. Mr. K. E. Cams being called >r ennie forward aud slated that ho had koiuo rosol lions to offer. 'I he call of the meeting lie said, had ten read, and the persons present had evinced a disrsitlon to second the vlewa contained in that call, he Secretary of State had been uppliod to by tho nurd ot Health, to appropriate the old Arsenal grounds ir a cholera hospital, in ease tho disease should bonne prevalent; and ia consequence of this action on e part of tho Board of Health, this meeting had been died, in order to call out an expression of sentiment ] tho subject . He would therefore present the folwing preamble and resolutions M bereas It nppears troui the daily official reports of le Sanitary Committee of tho Hoard of Health of tills ty. that the Asiatic cholera exists therein, and that a oposition has been made by said body to procure tho ate Arsenal yard, located in the S xt111 ward, as a espitul for tbo reception of persons atllietcd with this iXitHgious or infectious disease, therefore. Hi i r lolved, by the citizens here assembled. That is the duty of the members of the Board of Health, ider the law of this State, and their solotnu dhs of office, to take immediate measures to Here any thickly populated portion of our city om infectious or contagious disease, by prompt moval of impoverished patients from the midst of ioBe in health, and not to establish a pestilence, i c ngn gation in a temporarily erected Hospital the immediate vicinity Vliere the patient was ca?uly u ticktd Resolved, That the persons forming the Board of nalth are the mere elected representatives of the lople, and we therefore protest against their selection the Arsenal yard as a Cholera Hospital; and hereby struct our representatives In that body, to oppose rery measure calculated to effect that object. Because, the location is in the midst of dwellings, t unupproached by cholera. Pecause. the aistnal yard is in Immedlato proximity > the City Prison, naw containing over three hundred tcusud persons, not one of whom lias us yet been aticked with cholera, and not one of whom has power to move from its approach. Because, it is also adjoining the Court of Sessions, over i'olico office, and Sixth w ard Police Station-house, i which our citisens, jurors, witnesses, judges, &e., e.. are dally attendants, and who would be brought ithin the effluvium of the pestilence, and thus convey to every ward in the city. Because, there are public grounds and public lands ifflcient, without the precincts of this ward and not umediately surrounded by dwellings, whereon to erect nipomry buildings for all patients afflicted with this Iseaso ; and because, there are public institutions, uner the control of tho city government, to whioli all ktients should be sent, whs are the recipients of pube charity. Resolved, That we shall view every member of the card of Health, who disrespects these instructions, as a enemy to the citisens of the Sixth ward in partieu>r, and to the public health of the city in general. Resolved. That having In view the Increased ventlition and health of the city, and believing that all ublic property, when not required for immediate purrises of occupation, should bo preserved for publio so. we requeit the Common Counoil of this city to btain from the Legislature of the Stato the privilege I converting the arsenal yard into a public park, for be use and benefit of the citizens of New York : Because, the neighborhood in its vicinity is densely spulated. teeming with ohildren. and because the wellings of the poor. In that vicinity, are anquestlonbly more numerously tenanted than la auy other urtion of the city, and therefore make such a source r refreshment and recreation necesrary : And because, we believe that such a conversion of le now rejected spaee would bo incalculably moro ineficial to the city hereafter, than would its present 'qucstrution into private hands, for the sake of a few bousand dollars in the public treasury. Resolved. Thft a copy of these resolutions be forarded by the officers of this meeting to the President the Board of Health, and also to the presiding officers both Beards of Aldermen. Mr. Cuir said, that in framing those resolutions, ho id endeavored to produce such arguments as would .ow the necessity of preventing the establishment of cnoicra >no*puai id me aixin wara. wue or iw? paruts from other ward* had already been brought Into il* district. Now. eofar from this being right. It wan 3t even necessary that person* taken with the disise in the ward should be kept here. There were .her place* far more appropriate, and It would bo betr to remove the patient* to these location*. The Atmnan ol the ward ought to be Instructed to defend le rignt* ol hi* constituents in this matter. (A voice, and so he will ") With a few other and appropriate mark*. Mr. Camp gave way, and a call waa made for Mr Rynder*;" whereupon, Capt. Rvnor.a* approached the *tand and addressed :o assemblage. lie began by saying that he was a tizen of the 81xth ward, and he had been requested i coinc to the meetiDg ana oppose the projector estab bing a cholera hospital in the ward; he was deteritied to do as he had been requested, and to raise hi* dee against the project; he offered the following reilutionn :? Resolved. That establishing a hospital forcholera, or ly contagious disease, in the midst of the most densely ipulated portion of the city, without consulting the eling* and views of the inhabitants within its lmmoate vicinity is a violation of their rights, and dangeris in ita tendencies. Resolved. '1 hat wo rail on Patrick Kelly, Alderman id representative of the people, of the Sixth ward, to to every exertion in bis official capacity to prevent lis innovation upon the lights of his constituents. These resolutions were passed unanimously. A Iter the passage of the above resolutions, Capt. R. iid he had one more to offer. It appeared to bo the liiimentot the atlstocrais that the Sixth ward should s the place selected as the proper location for* cholera nspital (The speaker paused and looked about him ) e hoped there would be no occasion to read the riot -t, (laughter) or to call out the National Huard. jond laughter aud cries of derision.) Where do you link, lellow citizens, he asked, the hospital should be tabllslied ? (A voice, "At the Opera House'') ,'hy, you have anticipated my resolution. Ye*, at ie Opera House?it would be such a nice place?good. intertable. cushioned scats for the nurses. and good coninodations all through. It would,indued, be just place I will read the resolution. This is it ? Nrselved. That the Astor Opera House, from lis most ( liable and healthy location and superior accotnmoilions, is far preferable to the Arsenal yard as a bostal: and wo therefore respectfully, but earnestly, so it our city anthoi Ities to obtain a lease of said Opera nine for that special purpose, not entertaining a doubt it tbnt the humane and generous proprietors will ant such a reasonable request. This resolution being put by the I're.ident to the ceting, was adopted arm ton., and then three cheers err given for It. 1 he speaker continued ? I am glad that I eamn to a cet ing of the citizens of the bib ward, to ofTer my . solution. 1 should have been almost afraid to have iired it in some places. (A voice?' Why ?") Why ? | should hsvn been afraid ol the military. (A voice? j Orb. murther." Laughter and continued cheers and , noting) Vou know that there was. some time siuce, meeting in front of the Sun office. Some of you whom now see here were there at the time. Vou sunt you had , tainfleld notes and that you would have the money | ir them, or the house should couiu down. I told you thought the money would be paid. Mr. Beach said ; n would pay it, unit 1 don't know but he did as he ; dd be would. There was uo military called out on i >at occasion. The speaker returned to the subject of j is resolution, and after making a few remarks in sup- ' >rt of It. sal down. On motion, the meeting was ijourned. | Besides the bill headed " Save your lives," another ! a card was posted at various places in the Oth ward, I tmeiQiy. it r?nu iuiiuwb ;? " KEEP THK TRACE ! " It having been announced to the cltieena of the 6th j id that a meeting will be held on the atopx of the l umbo tbta evening, the Major, by virtue of hie office, | id deploring the late loea of life at the Aator Place pera House. recommend* hla fellow citizens to be oderate in their expressions and feelinga, and to eat-rve that equanimity ol temper which charactered them during the late tad catastrophe. The ndlita4< n thta occasion. will be kept aa acorpa of reaerve. to :t in eaae of a deaperato emergency Blank cartridge* ily are to be uaed on thla occasion " Mavemeiiti of Individual*. Arrival* yesterday, at the Astor?Lieut Sydney nitb. l.'nlted State* Army; J. I) Whitehead, and J. Buedley. England; Hon Trueman Smith. Litchfield; ' K (itta. Boaton; Mr and Mra. (Sales, Waahington; ajor M L t larke. St. Louia. laviau HoTrx?Dr. Slmmona, St. Lonla; Rev. W. aiainburg, London; Rev. C. Churchill, Quebec; Col. I ichanau. Doctor CajMy, and Captain Walbaeh. U 8. j , ( aptain ( ullen. U. 8. Kngineera; J. Yeatman, St. . >ula: Ex-Uov Young. Albany. i Ami nictK?Rilaa E. Burrowa, Albany; Moaea Kera- i ,11. Boaton, W. V. Olllia, U. 8 N I IIoAaru?H. P. Santord, Whitehall; S. A. Jonas.Boan; (L K Tarmelee, I) 8. A.; Mr Mnraton. Mr. ("aa- , and famlliea, England; Lountaaa Portalea, Wash- ( gUn. (General franklin Pleraa, af New Hampshire, la In

ashington i RE H ESDAY, MAY 29, 1849. Common Comnell* Board or Alderman. May 28. ? Jm Kellv, PreaidAnt. io tbo choir The minutes of tho preceding ineetlug worn read Hod approved T A number of petitions of trifling importance wore presented and referred. Jucium s Gold litis.?Application of Mayue Reed for e, the gold b'X in qui uthed by General Jackson Referred ? to a special committee, composed of Aldermen Morgan, j, M ood ond W ebb. Sener ? Petition ?f sundry persons for a sewer in Division street. Referred Trinity Street.? Petl' ion of sundry persons for the widening of Trinity street, and its extension to Vorris street Referred. Kiltery Enlargement ?Petition of sundry persons for the enlargement of the Battery. Referred. J/tnfinn Hirer Hailrnad - Remonstrance of residents of tbe I1 ight wind ngain-t allowing the Hudson River Railroad Company layiug down u track in Hudson street. Reft rred. Jilme Heine.?Communication from tho Board of Oovi ruore of the Alms House, protesting against tho p<>r* mission to the Alms House ut Blackwell'* Island, given by tbe Aldermen without cousultiug with this Board, except In cases of emergnuey Referred. Stiver.? Report from the Street ommlsslonar. recommending the completion of the sewer lu Roosevelt street, and an appropriation of Jiiik) for that purpose. Adopted Stare Jvr the Aldermen.?Report favorable to furnishing the members of tbe Common Council with appropriate stars, to be worn iu time of tiro or riot, Adopted. Police Station.?Report adverse to removing the police station of the 141b ward Adopted Pur ?Report taTorahlo to extending the pier at the foot of Donne street s'xi y feet, and appropriating #2.000 for that purpose Adopted The Oidinantre ?Report favorable to the adoption of tbo ordinances under the anietidiuents to ths charter. < except the 4th chapter. which relitles to salaries. ( On motion of AM Weiih. the subject wa* laid on the ] table until after rerraa. flu thought the papers no the gridiron should be disposed of llrot, and the ordiuauco , taken up lust. I Cummnnu alion from the ten Governor#, requesting t the removal of Jacob Acker from the office of Keeper of t the Penitentiary at Illaekwell'H bland, and the appointment of Jo-epli Kean in his "tend; also, requesting the removal of Martin Hapulje, and the appointment p of John Struma in his stead. , AM Wiiua moved to lay the mutter ou the tabln I,ost. r AM thought the matter was taken out of j the hands of Ihe Common Council, and they therefore t had nothlDg to do with It. ? Aid. bciu mz offered a resolution removing Jacob f Acker, which was oppo.eil; but resolutions being out j of order, it could not he maintained. The whole subject * then laid on the table. p Ftrrj.? Remonstrance of citizens of Williamsburg, ? against the estahlishment of a ferry at the foot of Cherry street. Referred. Imitation to atti nd the anniversary of the R. W. Orand bodge of the 1.0 ef O K\, at Castle (Jardeii, on the 4th of June proa. Accepted. Father Matthew ?Communication from his Honor the n Mayor, with a letter from the Rev. Theobald Matthew, l announcing bis Intention to visit this country. l The Tresideut then offered a preamble nud resolu- 1 tion. expressive of the pleasure of the < ouinion Council, <i and appointing a committee to tender to Mather v Matthew the hospitalities of the city on liis arrival. t Adopted. Com'ttee? Aid. Haws. Franklin and Muffins. (I Resignation of Charles Burdett as Mayor'# Clerk t Accepted. # Death of General Worth.?Resolution deploring the t death of Hen. Worth, aud condoling with his family on t the sad event, and also directing that the tlugH of tho h City Hall be hoisted at half mast oil Wednesday * next. Adopted. r Cr at on Wafer Works. ? Resolution directing tho c Comptroller to pay fibO.OOO lor the extension of the v Crovon Water Works. Adopted. t Public iiatlis.? Resolution referring to a special com- t mittee the expediency of establishing public wash t bouses in different parts of the city. Adopted. Committee. Aldermen Schultz, Allen, aud 1'. Kelly. a Cholera Hospitals.? Resolution to procure temporary j placed In the wards for tne accommodation 01 cnolura i patient*. and tako into consideration the propriety of procuring a large vessel to bo moored at a convenient distance from the city, for tbo purposed of a general hospital. Adopted. Tne Board then took a recess for thirty minuted. after recess. Resolution directing the Comptroller to furnish to this Board, at its next meeting, his authority for paying to the ten Governors the sum ot $10 000, and also the subject of the removal of the keepers of Blackwell's and Randall's Island, was taken up. when tho whole subject was referred to the counsel to the Beard, for his opinion upon the constitutionality of the law which appointed tlie ten Governors A resolution from a public meeting, relative to the establishment of a cholera hospital at the Arsenal yard, was presented. Referred to the Board of Health. Sewer.?ltrport. favorable to the construction of a setter in I ine street, to extend from Broadway to Naasuu street. Adopted in concurrence. '1 be rt port of the Committee on the Ordinances npon the amended charter, was then taken up, and adopted, as amended, and of 2 000 oopies of the same ordered to be printed. The Board then adjourned until this (Tuesday) evening, at 7 o'clock. Brooklyn City Intelligence. Common Council.?This body convened In the council chamber, last eveLing. The city Supervisors al<o met with the Board. The minutes of the joint Board, f last evening, were read and approved. On motion of Supervisor Bergen, the Committee on Accounts of the joint Board were granted one week longer to make their report. Thejolnt Board then adjourned, to meet t S o'clock next Monday evening. The minutes of the Common Council were then read and approved; after which, the following petitions. Sic. were rtad. and referred to the respective committees:? Petition in favor of appropriating stands at the ferries for huckmen. cabmen. Ac.; communication from Dr. Boyd, relative to his disinfectant; from several police officers asking lor a room In the city hall, for their acc mmodation; from the members of the bar, for a suita- p able place in the city hHll for a law library; petition of g about. Seventy perJOD? irnrn mo utwrr pari 01 nuusnu avenue asking tliMt a police officer be stationed In tbat neighborhood; petition from residents of 8ixth ward, ' asking forremovul of nuisance [considerable discussion ensued as to the reference of the petition, which was finally pent to the Street C ommittee]; petition of II. Alexander, to he appoiutcd Sunday officer on Hamilton avenue; petition of one huudred and forty person*. for the abutement of nuisance on the block bounded by llnyt. Baltic Smith and Warren street*. Thin petition at tf forth outrages of the moat flagrant kind, committed In that vicinity 1 he lota are held by an agent living in New V ork. who holda them for a gentleman now in Liverpool, and who expresses himself willing to fence them in; but he wishes m ordinance passed. compelling the proceeding, aa he is acting for another peraon. Petition of revt tal realdenta of South Brooklyn, aaking the Ki ai d to offer a reward for the murderer Kennedy, who, one day last week, intlicted iujttriea on one Wm. Parker, which rcaulted in the death of tlie latter; communication from Meaara. Hinted and Kendall, of the Clinton avenue and Bedford avenue omnl bua line. asking that the report of the committee may be referred The Major made a communication. returniug the resolution passed at tile laat meeting of the Board, appointing lames W Humphrey, Ksq . to codify the city ordinancea, with objections. Abo. the report ot the committee, with objections, ou petitii 11 of Juntos U. Humphrey, fir well and pump The report wna re-committed to the committee. The 1 Mayor ulso suggested the appointment., uccording to ' law. of aldermen na assistant* to the Judge of the city j court. On motion, the Mayor waa appointed to deaig- 1 Bate the gentlemen Communication from the office c of the Board of Health, suggesting the adoption of r sanitary measures and denying the report that the ?nse In the lower part of the city was the Asiatic chobin ( onrid'-rabie discussion ensiled, relative to the ' appoii tno nt of a committee if A motion *a< J mode to appoint five, which waa amended so as to read '' thri e. to be chosen by his Honor. Ilrjiorli nj Offn.trI of Ihr Hoard?The Comptroller | J returned unpaid assessments for lason avenue; lamps from Myrtle to Atlantic avenue: Kent avenue lamps ' ' snd posts, from Hu'hing arauue to Williamsburg lino. ! ^ lleferred to Assessment Committee. Communication t'roui bis Honor the Mayor, In rein- ?' tion to codification, and ordinances and laws. Heport j' amended by rouimittee, and adopted. Rrpurit af Camnititf ? The Law Committee reported I " in favor ot approving several bonds. The same, on the u summons of Louis llalleck vs the Mayor and Common ? ( ouiiell?reported in favor of referring to the counsel JJ for bis opinion. The reports were adopted. Tho Lire | * Department Committee reported in farnr of puying ' ' bill of Milliiini llurdin. <f Kngine Company No. 11 ; I '' also in favorof granting tbe prayer of William Cook I J and John William* for their discharge as firemen; " also, in lavor or ru nning rireuien e iieu auu ji-ngiuu i hou e attnebi <1; s1*", in favor of appointing W'm We-t I' as bell-ringer of St Michael'* church at n salary of $25 per ho mini; I amp Committee made a report on e*tl- T mates for oil for the lamp* of the city, recommending ^ the contract I o be given to C. II Leonard, at $1 03 per gallon. Amended hy Alderman Spies by directing tho " t< n, mittre ta purchase one month's supply of lard oil. * A doptcd ns amended. The Finance Committee, on res<Intion of the Board, of January 8lh, 1840 authori-ing 11 the Comptroller to draw a warrant for $2,288 15. being " f< r amount assessed on city property for opening i an- n' ton street?reported In fat or of the passage of theresolution-adopted. Committee on Accounts reported " in favor of the payment of the bill of Messrs. Lee It 1 otilhes amounting to T'? Adopted. P1 Hftoluliimt?A number <1 resolutions wera offered 1,1 and adopted, the principal one being for the arrest of 'f one John Kennedy for the murder of William Parker, '* and authorising a reward ?f $150 f?r his arrest?adopt- d" id. 1 be board then went Into aecret session. 01 Srsioi s Arrasr.?An affair of this nature occurred J| on Sunday evening last at a tavern, situated in llumll- , Ion avenue. ni ar the bridge, owned and kept by an Irishman named Patrick McPhlllp*. A man. named _ t a in' s Burns, received three severe wound-, apparently "J lullteUd by un ans of a knife; one on the back of tho bend, and two others on his face and chest. Two T inhere. named John and Mlchnt-l Me.Mauna. were also isiaulted and hiaten ( rose complaints have been i ntered by the parties, and the offenders arrested and beld to ball ( t Drsn Ms* P'ofwn ?A colored man, name unknown n ?a- found dead yesterday afternoon, in a stable, at the H comer of John street and Hudson avenue, near the lerry It is conjectured that he went in on Sunday night, for the purpose of sli pping and while there was 4' ftltetiwd If tome disease, which terminated fatally. I'1 :era": Court of Oyer and Terminer. I Before Judge liurlbut anil Aldermen Wood and i M ullin* KML OK TTIOMAS A. WAI.KKR POIl T1IK MURDER OF ' MARTHA K. WALKER, ON THK 27TH EEII , 1H19. 1 May 'JH ?At the opening of the oourt. the < l?rk pro- c reded to rail the name* of the additional Jurors sum- i inued for the trial of tbla eaiiae Ttte prisoner was rougtit into couit. end took Ida rest within the bur. if bo entered a smile played upon hit countenance and In whole demeanor waa calm?not the slightest emoion havinir been manifested, except an occasional blush ipon Ida cheek The court room waa crowded and all yea were turned upon the accuaed Ilia general np earance la prepossessing. The Clerk called upon the iriatuier. and infurtued him t hat a jury waa then to he alleil lie cotdd exerciaa the right of challenge, end he beat time to do thut waa when the juror waa called. I he following gnitlenieti were then called and .worn:? A'illfsm Backer, foreman; tla.herle I*. I)eWitt, James arroll. Junies lltrdwlek John W. Hoyt. Samuel Hart, idolphua Kanuey, Michael Kennedy John (jatner, lohu McManua. \Villiuin A. liullcy, Klkunor II. Hod. [e* Sixty.four of those summoned were called before a ury could be hail outot which throe wer p ri mptnrily lmlteligid atx excused fur conscience scruples. aud orty-three challenged for cau.e. 'I lie panel being completed. Judge Ilurthut stated hat It mi> thought necessary to decide whether I he jury hi nld lie Vnpt together, ilia own liupreaalou* were, hat they should not. for their health would ho oniangen d by suali a comae especially in consequence >f Iti>* suddeu eliauiiss ot the weather. There was no 'talute. nor ci mpulaii n hy the e?u>mon hiw. for aueU I course, nod he believed a sounder verillel could he ilit aim d hy allowing tlieui to separate than by keep, ug them coutiurd. The couusel for tho accused gave their a?aent; but he Attorney (ieiieral said tie never knew of a trial of a >apital cause, where the jmy were utluwed to separate, ie wished mi hour fur consultation. Judge II remarked that, if they were confined lie hould lie obliged to hold eveuiug -easloua; anil having men engagi d on the for three months, except wo days, lie would not'be able togo through a very long rial. 'I he Court tlirn took a recess until 3 o'clock P. M. The couit n et at 3 o'clock P. M.. and ilio jury w-re trough! in '1 he coosult.ii 1 *u of the counsel, r laiivu ii tho keeping i f t lie jury together resulted ill thncuulusiou tbut if the acaused made the application, the irosevutitni would uot object. The < uurl then staled ii tbu jury thai they would be allowed to sparine hut i mis, ii Innef.lon mill eonilllinn of .mtirelv retVuiiilinr lulu rpeskltig of the CKco, or listening to other* rpenk , ng ol it; Hud report to tbu < ourt any who might | pink to them on the subject. tluit they might bo pun- : bed by the Court Tin- c art then adj turned until 10 I clock to-morrow (tbi.-) morning. Vnltrii HtnttiM Circuit, Court. Before Judge Nelson. May 28? t'hai Marlet vi. C*tni. IK Laicrrnrr.?This Is in action to r< cover about $2,000, beir>* uu excess of du- I ies paid by plaintiff, at different times, on goad* which liiinlill claims to be cotton and linen good*. Imported ty him from b ranee to this country riuintiff paid the Inly imd. r protest. claiming that the good* in question ' teie only liable to a duty of 20 per cent, wherein* | lie dileudaut insisted they were chargeable with a 1 uly of 2b per cent. ad valorem, and compelled the plain- i iff to pay accordingly. Under the 20th sectlou of the 1 ct of lb42 it ear conceded that the goods wero liable I o a duly < t 2b per cent., but the counrel for the plain- j 1 iff inrhted that, that section of the act war repealed I y the llih rcutlou of the act of 18411. and that they ( iere cliargi able only with a duty of 20 per cent , pre- j ( cribed by rcbedule K of the latter act. l'he Court in- I lined to ihir opinion, and directed the jury tt> iind a 1 erdict for the plaintiff, rubject to the opinion of the i I ourt in Uuvco ar to the construction of the 11th aeo- * ion of the act of 1846, ar upon that the question ] urned. Yei diet for plaintiff for the amount claimed. < Jtf. II. Grinnell vi. C IV. LawrrneeThis was also 1 .n action to recover back un excess of duties p vid under t noUrt. A verdict for $1,600 was likewise found, In ( his cauie, for plaintiff. 1 Jlnaull vtfh a Uangerout Weapon.?John Ingram, I Japluin ot the schoouer Lady Isabella b'rancisco, was i :his morning arnsled on a charge of havtug assaulted 1 he cook (colored) of said vessel with a dangerous veapon He was held to bail in $500. Ohadiah 11. 1'lutt it Chauncry Jerome.?This wad an ctinD to recover *1,078 73. the amount of a draft Mi* n by brands Merrill upon defendant, and acceptd by tlir latter, dated let .Murrh. 1844 and payable ve nionthii alter date, to the order of drawer, payable t the Union bank in the city of New Vork. It wan inn-fern d by Merrill to the plaintiff, who, on the 4th f April. 1844. deposited It ut the I'hneulx Bnnk, in thia Ity. tor collection, where it remained until it reached luturity, and was then protested for nonpayment, ud wus ri turn* d. It appeared that the plaintiff afterrard? eold||lbe draft to one 4. Jeroux. who instituted Miit. in hlrtown name, in the Slat* of Connecticut, d collect the amount from Jerome, and that that suit fruited in a nonsuit. or that, the suit was withdrawn, he draft was subsequently rrtrunaferred by Jeroux to 1 he plaintiff who bus instituted the present suit to re- j over the amount T*n defences are set up?the flret, | liHt the acceptance wse p n withtut any consideralon; and secondly. that it was obtained by fraud, lis Honor charged that the retrausfer of the draft to lamtilf remiit. d him to all hie original rights, and ilared him on the sami'footlng on which he stood at the ime when it was transferred to him by Merrill, in ipril. 1844. ihtNW a* if it was never out of hi* i iand* ; und tlie suit In Comccticnt resulting in a lonsuit, left the payer in the sumo state as it ex- ! stul anterior to the eomnieucement of the suit, and I he ri transfer vested the pluintitl with the title to the Iratt. i'laintifl, then, having received the draft from Jeirill. Is to he iltemcd primarily the owner and hold- 1 r of it. for value, if there wu* nothing else in the ffe. and would he entitled to recever the amount gainst the acceptor. On the part of the defendant It s elaimed that the acceptance was given without any on si dv rat ion. and for a particular purpose, to wit?to urchase wool, and whivh wool was to be given to thn cceptor. by way of security. The draft seem* to have ceii pivi n under nn agreement, according to thn postinn taken by defendant, as appear* by Merrill's receipt, ivru at the time. It is Insisted by defendant'* counsel i hut the draft?which is one of those referred to in Lbo eceipt? was given without consideration, and for a articular purpose and that it was afterward* diverted ri m that puijiose; and that, in the next place, thoso ' rafts or notes were prorured by imposition ou the part f Merrill; und upon these two ground* it is claimed hut the burden is thrown on plaintiff to show that eon ideration wan given by him lor tile orau in quosnon. >n the part of the plaintiff it in replied that he gave onsideratlon for the draft, and. in that tMMt, that ho I nlly complied with the rule of law; and lie Inn given videnre of a receipt from Merrill, dated April 4 1844, ckuo* lodging the consideration which he received from he plaintiff and which consisted of an account, and I >tkO in cash, and a deed ot land in Louisiana. It alao pp? ars. by the evidence, thnt on the 4th of April, 1844, he draft was in possession of the plaintiff, and that on hat day he deposited it ill IhePhoMiix Lank, for colleclon. 'taking these facts in connection,! think the eceipt admissible in evidence. His Honor then reviewd the testimony, and said the ease would depend upon be view tuat the jury would take of the testimony of lr liurr. Vet did for plaintiff, for the amount of the lote or dratt. and interest. Law Intelligence. Hari.em Raiiroau Case.?8t ramus Judicial Court. ? tlrr.ry O. Strlliini vt. Louit Wolf?This was an iction of assumpsit, brought to recover from the deei dunt the sum of $1.SH! 03, paid by the plaintiff as lifferenre on Z'lb shares of Harlem Railroad stock, aieged to have been bought hy hiui on the defendant's irder and aceount. at -slaty days, buyer's option," and tot taken bv bini at maturity. The purchase was made n Mew Voik At I lie triul in the Court of Common Picas, it sppeard from the testimony of several ot the witnesses, that ho parties from win ni the pla nt IT alleged that ho ad purchased 300 of the shares Id question, had other ODtrncts for rales and purchases of shares in the same lock, during the sixty days; and the defendant coni nded that it was incumbent upon the plaintiff to show, ti order to lake the case out of the stock-jobbing act of ,'ew York, that tlie-e parties bad all the shares necesary to meet all < I' their contracts of sain in this stock, Deluding the contract In question. The presiding ml go ruled this point in favor of the defendant. YVith regard to the Humming twenty-live shares, it ppiared lhat the contract for tbera matured on Sunh.v. in which case, by the ruler of the board of broker* ' 1 New York where the purchases were alleged to haro 1 < eu made, it would fail due on the Saturday previous, he defendant contended that he was not bound by t lie li rilli * not M ing a uiimwr m mr m?ru, uut wnt i * hud. hi ecu in' n law. the whole of Monday in which i ti mi 11 hi* engngi metita. and that, thie action having ' t en ci mmcnri d en that day. ?u? prematurely brought i Mo their ahaie* '1 hie point was alio ruled by the , ] i iv ding judge In favor of the defendant. The jury, under the ruling of the court, found their ndict for the defi mdant. aod the cane came before the upri me ( ourt. upon exception* to nuch ruling. Wii i,k J . delivered the opinion of the Court. lie ' tid that a* to the Brat ruling the tiret (juration wan, briber thl* ruse came within the provtatona of the etocli-ji bbing act" of New Y ork; and the aeeond wan, pon whom war the burden of proof, to ehow that the rnder* bad not Miflle.ient wbarei of the raid itock to it all their coul recta of iale tn it Th? eaao. lie aaid, ! d route wilhin the provhdona of that art. The vender urt hold the Mock which he baa contracted to aetJ, !' eefrimail tdhi r obligation*. Aa to the burden of roof, where a contract waa in writing to pay a auin of oney and imported a conatderation on the face ofit, _ the deb infant would avail hiuieelf of a defbnee of IIgality. the burden of pn ot war on him who act up the tenre. Lot I hi* wu> a diflert nt caae The plaintiff uit here *how a Irgdl contract. The law require* K at the vendor Mo uld be the owner of the atock. and ii* la a part ?f hi* contract, aud muat be proved by * iiu Aa to the leconil ruling he aald that if the contract intnri d on Sunday, the ilefendanl had the whole of P le following Monday to perform It In and the action '* a* br< tight too ?oon. The contrnct wa? made in u ew Y oik and muat llieretore be governed by the rule * I lew in that Mate. '1 lii* rule, iu reference to ehoaes i M in I, lulling due on Sunday. waa not uniform, but ? fully aeltled in New York (JO W. JO > The A trillion* wire therefore overruled, and judgment w mtl e entered for the defendant on the verdict.? 1 oi'tn Wiii; 'id j 11 Ibeahlp Matilda wa* nt the landing at St. t.ouli. on p te Wth inat reei iving freight for California She will { ? of al ly go rut with a foil h>:?j of paaaeufcr*. ,, LD. TWO CENTS. Theatrical nn<l Musical. Bowii? TiiFATsr..?There w?? a uuhla honmi bar* iit-t evening. fsnd uohlo perfnnnancea to aranae It. A'e were glad to fee tho hou.e so tilled km it <u la ivory purl km tho entertainment* w-tu certainly got up ri t ilj l? which It would bo diltleull to exceed on any ituge. and the cn'hu.ia.tio plaudit* which were luvl?lid on them wi ro well deserved Kuowlea' beautiful ,.iuy 11 -Vt illiuui Toll" wum performed. ami the patriot 0 M? il i oiluud found a must splendid rcpro.enlutiv* in Mr Iluuitillii It wum the tirot time. fir uiuny years, [but lio hud played tho part Mrs Shnw played Emma, n.d hoih of it)out ue led a. became llioir great talents. V\ o have uevt r ooou an audiouru more delighted than wum i tie ouo la.t i veiling during the act where Tell, returning to bin coltag* liniuc lour, from Melchtal (Oil? boil. ) of i ho outrugi ?- in mitt oil on him by i ieaaler; the trumpoil of lage and jll.lly amu.ed d-teutatinu of the 1 y i uel his ougono hm lor revougo in. p trilug from Elull.a and do.patching of tho boy Albert on Ilia perilous tup? ull wore playid Uiont udinuubly. whil-t Mrs. Ireni llio r iuiiiiinroiiiont of the .cone whom aho ronvor.o. will) .Albert down to the cloning of the act, war i qually excellent hut ma uuiy iu thia act did lheie urn.l. appear hut ail throughout llie pioce ihoy played lu pel lection Tho ofttopoali il applause .how*a bow much the audionoe appn ciand lbi ir oflortri 'I lie wliolu pm t' iruiaiicu was a uii .1 oucccHiful one. Muster liaiiibnu played Albert, i cii h KHi~ini< part biting lit* f^uua lirauiario unHay. I ehus acquired confidence m hiinsolt In this (art and treads the etage wi lt nil tim tiruiuonn of a vetetau, whilst li I h yon hi; vuit'H p.iuiiiiriii iiiiu and decided In tin- scene tu which we have alluded above, Alln ri biers H conspicuous part anil wo uiitli'.uil tnat llui oui>k gentleman tin>r<>nviily prepared in ail the details III liin pari. It wu.i aiuu-i iuteivstuig sight tn Ho that pri'ity child playing wild ins paront, and walking tbu iiage wiili iho Mini" 11>k"iui -1 gait which las always chataoterlsed Mr ilaiiihnn Ho uiuch reicmble* Ins la! tier iu pi rsnu. mid wo .1 >ubl nut, will, n.uio day, make as prominent uii nctnr a< he .Ah ills, l is performance* are woudertnlly good for a ehil.l of I is ago Mr itydcr played tin- i>a<?l ot llin tyrant (insider writ, and Gilbert and Ua-s a< .VlolchLal and It raun, i ucb acted judiciously. I ho oiip-r par Is were well filled; and as tho piece is tabu repeated this evening, no shall lake an opportunity tn-ui oi speaking more iu deiull of till-Ill. I'ho laughable comedy of "1 ho Uouble-bvdded Kuoni" will also b-. repeated tonight. In conclusion, wo must say that William J ell ' is one of the best acted and host gut-up pieces wo have sven at tbo llowery ier some time, it is worthy of being seen by all Broadway Theatre ?For tho first time in the Ifni id States, the grand ballet of hotel la. or the Knchanted Bell," was perloriued lust evening, by the Nlonplasir tronj.r; and. in order togivu duo client to the representation. an auxiliary ballet anil a supernumerary force of nearly one hundred persons, have beeu engaged. The scenery is by those well known and talented urtiits, I'. Grain, jr , and J Smith, the dresses, properties. and appointments by S. H'allls; and the macl.ineiy by J. Ireland The whole ha- been got up at a most 01 Mly rate. auU on u ificuitc sculn. Hi oruer to alluid mine ideu of tins meaning and object of the Knchanted Bell," we may mate that certain " good spirits." the guurdiuiis of a mutton of China, called tVarig-Tohun-Hon. behold witii detestation tlie vices Hid follies of ita rulers, and determine to punish them 'or their crimes. For this purpose, the beautiful and Dene rolenl Koietta is deputed to visit the earth, the ;ood spirits more especially directing hrr to watch )?tr the I'rincess Tshiugka. who is presented by .he old and powerful mundarin. i an-Kao-Sse, bat who uvea, and is beloved by the young peasant, Yhnko. 'oletla is also mudu to posse <a an enchanted bull, by vhose talieniante power the most wonderful and deusing transformations are made and most extraorlinary results produced. She. however, fully aeeomAisles her mission, puts down iuteruui wars, vanluishes tyranny and cruelty, rewards vlrtnea and lonstant love, and is then summoned to her eelestiai some It gives us pleasure to he enabled te say that .liis superb spectacle was received with every mark of Ikvor, and was very successful, as. indued, it deserves to be. The dancing was very graceful Previous to the ballet, the prelude of " V our Lite's in Danger" was crfoimed. The principal characters were sustained by Vat-he. Hadaway. and Mrs. Abbott. 1'he '-little brief authority," and terrible apprehensions of the Januslurid burgomaster, whose alarm ut the idea of being found out as a conspirator against the 8tate almost prostrates him. were touched olf secundum arma by Vache. Hadaway was very droll, and excelled in his part. The audience was a brilliant one. National Theatre.?A full house welcomed Barney Williams last evening, and bis acting never was more icmlcal or amusing. The laughable farce of" Mr. and drs. White" commeneed the entertainments, and Chapnan's oddities as Mr. Peter White, kept the house in a -oar; whilst Miss Mestayer, Mrs. isberwood and Mrs. .baproan did their parts finely. After the farwe same i graceful dance from Miss L'arlino. after which Barney A iiliaius came on in "Born to Hood Luck," and that ucky random O'Kaffcrty never had a merrier audience o listen to his fun. The story of this pleee ie well mown? the Patlander, by a genuine Irish mistake, jets carried oil' to Naples Instead of Dublin, and there neets with all kinds of good luck. Williams' deecrip,icn of the way he came to be taken to Naples was most itmicul; his indigualion when assassination for money ras proposed to him. his ready wit in thwarting the nuidtrous plum of the assassins. his courtship o7 ths !ouut< ss, and all tiie other scenes la which he figures, nade the audience roar again with laughter Ha sang ind (lanced In the course of the piece very excellently. 1'he farce of the ' Limerick Boy," in which he was squally amusing as Teddy Miles, concluded the enterainment* To-night he will appear in several favorite hi te. as will be seen on relereuco to our list of amusements. I3i *tos'? Tmbatbi.?Last evening was the first of th* summer season, and very auspiciously has it opened.? The entainments commenced with the popular nod successful burletta of "Chloroform, or, New York una Hundred Years Hence." We have already recorded our opinion of this production, very talented in design, and most successful in its results. A comic piece, in one act. culled the " Siamese Twins," was performed; Brougham acting the part of Dennis O'lilih, and Burton that of Simon slow Between them, they eontrived to keep the risible (acuities of the audience in violent agitation the whole time Mr. Lynuo's Captain Vivid was very good, and Miss Chapmau's Sally was all that might have been expected. 1'he whole concluded with the laughable farce by Colinan. of the Wags of Windsor " In this piece, abo. Burton and drougbam played, the former as < aleb Quotem, a character well-sidted to his versatile and elastic powers. He was to the " manor born"?the very thing. His song?Caleb Quotern's Journal? gnvc the finishing touch to his acting, it was most heartily received Brougha n's Looney McTwolter was worthy of his Inexhaustible fund of humor, which is enhanced by talent or a very superior order ? His Jiuly O'Klannagun was given in a style which is peculiar to himself It was rich in brogue, and racy of the Irish soil, which, besides the scholars, the statesmen. and ths orators it has given birth to, has produced some of the choicest and the wittiest creatures that ever trod the stage. We would take the liberty of suggesting to Mr. Burton that. In meicy to his kind and liberul patrons, he oaght not to draw, on one night, so heavily upon their jaws and sides. The hot weather will soon be here, when the fatigue of sitting In the theatre will be sufficient, without being plunged from one fit of laughter Into another by bioiself, Ills brother twin and the member* of his energetic and tnlentid company. The house was crowded to its utmost capacity. Tux Dim in Kaiiilv ? The grand complimentary ooncert which the musical artists of this city intend giving to these famous musicians, will come off on Thursday evening next, ui the l ahcm-tcle. The vocal end instrumental talent advertised to appear on that evening being welt known, and commanding eonsiile table Influence, will 00 doubt. b? the meau* of crowding the 1 aberiiacle on the occasion of this testimonial id respect to these distinguished artist*. Christy's gentry keep the ball a moving in lively stylo They hare crowded audiences nightly. and their voice* are in a* Hue order as ever. Success does not' dull the edit" "f their husbandry'' as Polotiius says, it rather adds to their desire to keep on deserving the vast patronage they enjoy. They glre a plendid programme for this evening. Moon, or Niw Yoaa.?One can sec the entire sity to much advantage now-a-days. at a very trilling cost, is the model now exhibiting at the ilinerva (tonus is 1 most perfect representulh u of tbe place we lies in. 1 he empire city, as New Yorkers love to oall It, is most port's ctly delineated?not a bouse is omitted. It is a most ingenious aliuir Ciusu sab Kan. the Siamese, tains and their ohildren. are daily to be seen at tbe Apollo Salooo. in Broadway Onr ritixens ought not la 1st them go Without seeing tbem. Interior Trsi'K ok Mexico.?Extract from a letter received from u highly respectable foreign houses dnt< d /acatecas, April 10. 184W: ? Our market is glutted with cotton goods of low ]iialtty. which are ottered at very low rates, and the andency is to depress the price of goods of superior lUality. Trade continues exceedingly depressed la ail ts brunches; our mines are still in a very unsatisfactory ondition, and as we are entirely depeudeut upoo them t is to be (Varcd that w? cannot euterlain any hopes f immediate material improvement We have also seen accounts troin Guanajuato, rcpreen ting trade In a very depressed stale, owing to the r? at Influx of American good*. The mines, however, re represented to be yieldiug largely, aud in this perIrulur it differs from all thu interior milling cities front 'lilch * have had accounts Adviees fioin Monterey and 8altlllo, represent those omte a* having suffered by a temporary stagnation of usiness. the naluial result 1 f the presencs of an epiemir. 1 lie cholera is rapidly dl (appearing, however, ud a revival ol business contideutiy looked for. The old Shlj pen house (Phlla.) In which Benedict riu Id 111ariled Miss 8 during ths Revolution, and beie l)r llurli long lived, having been bought of the lash family, has given w?y before the mareh of imrovefnent. It *lo? din Kourtb street, below Walnut, he old Robert Morris bouse, aud the tlrst banking (lutein America- the Hank of North America are Roto lie taken down previous to which they are to iv tli; . ? ii 1 p? 11 a lew daj for !usp> ell on

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