Newspaper of The New York Herald, November 25, 1849, Page 1

Newspaper of The New York Herald dated November 25, 1849 Page 1
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Til M). 5650. V?Mt of Utntrtl IcMloni. Before the Uiomhr anil A Wurmen James Kelly end I lurk Nav. 2i.?rfmlitalion o Tiakt T? ti/tony in California Denied ?Oa theappllca'ion of W111. Norton who stands Indicted for perpetrating a gross libel on Mine li (Jrean, lor couimiaaloua to u>kr testimony In California, Ueorgla, and Cannectiaut. tbe oourt. ibis morning, daelded adverse to the oomutta-ioa for California, but granting an order for the commissi >a?t" take te-timoi y in Georgia and Connecticut These oom ula?\on? are to be returned by tba aecond W?duesday of the December term. The Ihuryt ?Jlpplicatiun to f Jtm<mnt of Hal WilKJrown ?Mr. Clark, of counsel tor tbe Drury*, appeared and withdrew tbe applioau-.u formerly male by bira to tbli court, to fix the amount (4 (All in the Drury case*. Tbe counsel laid that at the result of proceeding* now pending before Judge Kclinomis might be to nullify the indictment*, he chore for the present, to abaudon the notion,of wbioh be had nwtiled the District Vltorney. But in doing tbil, the defrnee abandoned none of their rlghta, nor tbe privilege "f waking tbe motion at any future time. District Attorney.? I tb*U then more the court to 30mmit tba Drury a. wlthi ut bail Mr. Clark?I submit to the court whether that would not ba improper, a* there 1* no motion to bail, and aa tbe matter i* no* pending before Judge Kdaionds, before whom tbe pri- oner* bad b?ea b- u<lit on a writ of Kabeat caryut Such action an tbe DUtrlet Attorney make* application tor, would be unprecedented and. in tbis case wicked. Mr. Graham, lor the prosecution. spoke In favor of the uotion to commit without bail, aud said he had tone prepared to argue the motion aud show by authorities that the oourt could with great propriety do so. He was d< a itful wheth*r the defenca oould abandon their motion, and tSus prevent the pruseuution from placing their argumeuts anil athoriti** before tha court. Tba Court Anally daUrmiued that it would not Interfere with the mattar, while it was pending befora Judge Kdmonds Piliimtri Unchargedfrom Cuitoily ? Not bring Indicted ie (irand Jury?Patrick .Vlciiinty. charged with stealing a horse and cart . lieorge Williams, oharged with grand larceny ; Patrick <iili??ple. with burglary ; Frederick Horn with |f?sd .a aHQ, having been In prison O'er two term*. ami t ? Or*'l Jury having failed to indict them, were dlpcha'gal from custody Plead Guilty to Stealing ? H atch ?James K van* and Wn Sherfer pleaded guilty to stealing a watch from a Mr Stevens, whom thvj lutiuoed to accompany t tie in lot* a porterhouse iu Br<'?dwi?y near lljiuu street. While there, and under the influeuce of liquor, hit watch tu abstracted from hi* pocKet by the pri*onara. ?herfer waa sectsnrad to the S ?t? prl on fur three years and four montirt. and Kvau-i for two yeara aad ail montfea Mtdrl *4rtittei.frrar'<? t ? Kred'-rika Meeney, a damacl soma flra feet tan inches ie height. and welt formed at that, i.llsabeth Kt binron. and KUan Kobiusou, of considerably slighter proportion*. wrra thin morning .Arraigned and called an to plead to an indictment charging them with iai-<i*'iueaoor. iu indecently exposing their person* on the iwtb of Ootobrr last I"hey plaad not guilty, and wet* irm?nd>d trial These Are the model artistea takeu trout a hois* in Twentyfirst street, aome time Hue. 1 he models were closely Tailed while In preaeace of the ouurt. They did not 'appear to be greatly dejt rted VKKSEirraiKNT of tui okai*o .kiry?pubi.ic ixstiTtniONS ? COW 8TABI.IS? SLAUGHTER HOUSgg? BONK FACTORIES, AND OTHKR NUISANCES. The Grand Jury cauae into oourt, and befora receiv'iag from the court a polite dlamiaaal from further dutias, made the following presentment, which waa read by the Clerk, aad la-id?d by the Recorder, who Mid he should at the eerlia-it opportunity, lay it beJfore the Common Council J he following ia the presentment To ih( Coust ar Oimiil or thb Citt or Naw \ u?i :? Tha Grand Jury of> and 1 ounty of New Vork having disposed of tha ea>e? which have hern presented to their consideration, in concluding their labors of the .present term of the laselon*. deem it their duty to call "tha attention of the eourt ai.d ?f the public authorities to oertain matters of public interext which hare come undar their cognisance iiuiiuK the pr*?ent month the Grand Jury bare tak u oceadon to visit several of tha public institution* uow under the control of the Ten Governors. They have ex*mined the condition of the Nuraaries loaated on Kendall's Ulead, aad with the best opportunities of torinln? an accurate judgment as to their government they are free to ?ay that tne manner In which the Nur?erte* are conducted cannot but meet with universal approbai ion These nurseri** contain, as Is understood, upwards of twelve hundred children; aad It is a most gratifying circumstance that it is to the liberal generosity of ourtai paying oitisen* that theas otherwise homeless children are provided for, educated and maintained. They next visited BlackVeil's Island, and having gone through the Luuatie Asylum, aad aarafnlly lnq.n ?d into tb? *l< nation of its Inmates, they cannot withheld their teetlaiony In favor of the management oi this u?b'e charity. It appeared to the jurors that the management of this institution will bear tha test nf the inixt rigid examination Kvery reasonable arrangement esist* tor tne comfort and wal'fhre of the patients, and the juror* could not dlsoover that tha wants of these heiple*- creature* were In any respect neglected er overl* otad. It ia believed that the public are greatly indexed tv tne *kill and coinpe '""'J " " *- ? I .am, for tbt ifleitit method iu which liitlliiritri Dintlrd ind the comfrta of the i>a<ieuta aupplled. The juror* alaa went through i h? *pleadld >od coinmo- | iiou* building* on tbe i?l?uJ to tbe poor of the city Here they fwund th? >rri<K> a*nt? alapted to tbe aereaeitiea of the <a<up*at?. and tba general conduct of tbll eitabliehuient ?>{oa ly complete and : ffectlva a* that which ot>taiu< lu tba e?tabll*b- : m*nt ab< re meatloaed I'be ju or< alto Tialtad U>a Penitentiary. unjrr tb* charge of tba capable Mar don, Mr Knn I h? *??t eomplaiat In reayaet of tba Penitentiary h^iof t? hi* teea tia'. tba oella war* tlthy. ana the prtaonera uunleaaly Tbla wrioui came of o?ni|il*int, the juror* ara happy to Mjr, undar tba new gotan.nieut ha* been entirely r? Bared; any ona who will rat* the trouble to aiainlne for blaaalf, will And tba' tb- apartmenta of tha prl*nn ara mat only free from tilih hut Ik* |MMM th?tn?aWea are kept aleanly in their person*. Kurther tba Jurors bare tba beat <-?id?uc- f t believing tbat do difcrlmlnatloa la made In tt e trratia* n> > ( tba prisonera; while they are tiara. t*?y all laud up -n au e.|ual footing. Tba Jurors also eiam >oe<l i h> il -pltal looatad on tba Inland The pre*?nt wooden buildings uo* oeaaplad aa a boapital are totally ta?d< ia?U*. buttbara ! now la pregresa of erection now and capacious buildings. whirl) will shortly b? ooinpleted when tha Inconrenlencea of Ibf promt apart ai-uta will be fully reaedled. Tbajurara ala<> examined th? pri?"n da' partaeat of tb? Hall* of Ju-tina under tha auperlulandaaaa of tba pra*ant aarlaCiu and e mpeteat keeper. Mr Kdmrads l h?* in. ale department la undar tba charge of two eery capable matron* >1ra Foster and aeelstant The jur<>r* aaaaat but commend tha manner la whloh th>a r.'a' i-tnn. iit l? n >n lac:ed Tha bablta aad character* of many of the pnaoners reader It out af tba <]u>a'l"u to ke?p tha oella eatlrely , and ronrtaatly claan. but thn jif 'T* are na(>i>y to dadare, tbat X> effort la lacalog to Keep t hi - eetabllahnaent In aa cleanly a conlitlon a* elroumataaoea will permit In tbl* pla< a tb?- Inry cannot ton *tr 'ngly reaommend tbat tbe Inner doera of tha call* la 'ha Toaibe be raaoved. aad ime lattl. a on?e substituted tba* ad(sitting a free circulation of atr By thla alteration, tba prieoaera caa ba more el??ely confined. without *? 1 ??? w ? law M ?n e K... anntaIa ftf I ha laa?? /la rtr a tail All tha rarloua a*tabll*hiii?nt. whirh ha?e hero nam?d. ?ro bow under the m?irul of the T?n OuTrrnon; and It I* fTatJftlng to belleae. that It l? to tb* capacity and .ft M gantUo^n coini>"-lng that Bi*r<l (hit the public are malnlv Indebted f? the prea.nt fatorabit and 1 ? i-ft-1 : T r .n lit .1 of th>M public laatltctlm Tha Juror* MX/ want through th* llou?e of Refuge In thl* elty. where tbwy fo.iod upward* of 40<> Jn nl ? d"lm ,u*nt? n der aultabl* (ll-.pllne It- In taatea of thl* e*tabli?bm*iit not only preperly trtaMI but ara daily Inairucted tn the ubimi branche* of education taught in oa public mIuhiIi i h< >y>t?ni upon which tbla ebarltj la conducted caanot fail to receive unirereal adnilretloa I'ba juror* vara pleaaed to learn, that ?dior| th* lar* ntimb-r of ahilJren there waa but oae caee of rifkiimi at the tuna of their ilalt. But hie Honor tba Recorder. in hi* i hirii to tha Jury, k*rli| directed their a't?-otl n to tbe eileteneeof nn|. aanre* In tba ally of New ? or* tbe oreod Jury will now aubnlt tba reeult of their inreetlgatlona an tbla aubjaet. Tbe fbet that the cholera during tha paat *eaa?n. prevailed to an alainlng il-gree In trta I'itb and l*th ward*. Induced th* jury to direct their et?mlna tloa particularly to tbnea >n?trlcta Aacompanted by tha polic* aaptaln* they namiued the iand< lying be twaaa tile loth and 11 th atauiiM and ?Otb and 424 etreeta I poo the-* ground* they f iund a >w atabla* dlftlllarlea and eeveral aetahlial.uieaU for cutting up ?ad boiling dead bnrae* and othar animal* la another placa. nearer tba h?-art of tha city they fouad a | elngle enclosure whlrh contain* *<>ni* 1 100 cow*. Whether tbeaa aatah lehmeulK ara aa well con duetad aa tha natura of the bu*iu?e* will peralt I* not for tha Jary to dat<-ia.ine, and upoa that |iolll lhay agprae* ao opinion , hut that tbey ara aaleranca* of tbe aioat auaioa* character, there cannot hi any doubt Tm putrid ami un?boia<?a* >t*tirn whlph I'Hin ff?n itinu u ih? moat and dlaKUntlDK corrupt* tho i'ii.n?lii a of ih? ?b?l? orljhboi hnrd. ? * !> ?' thm ilftiirnl Mwmi of tba C'?r It #oom? Innrodlbio itiat himmn llf? oau ba ?u?liril lllhln th? pM'ilru'lki oHlu?la of lh?w flMM Yat, ft* the Jury uad- r?i.?ml. ?ll bo.- piaca* ..or a In full opar?'lr? throughout ib? la?t ifMOt. whila tha chol'-ra ravin* In our Di 4*t Th?t tlmm r-tabll-h dx nt? howoaor u* fill no.I n> ??a**! y that may bo, could bo procntdod Maltict b> , uMln pro-a.'Ut|<.n, th?ra can iiot ba a doubt, attar It ba? b?on ?afiod by th? hl^hoat judicial au'hnrlty that ta c >n-t"ata a nu ?ao ? It li n< t on naaarj that tbo it' xl <? trad* <m bur na<? nhuHd on < I anyor tha baaltb of tna n?i?b?o>rh?nd It It Mont If It pr. duo-* that om. h i> >.tToni< ra to ha an>a? and nhlch rondar* Mia orjoyra* nt of ilf- and proparty nnp? ' lint iho juror* do no- boliara tbat tha public licalth ot mtw- I- to bopftoioi aithor "by public or ptlrai* prooo* ulon*. What th.n, < tha romady ? Tha an??of l?~H lla? with tha i;?? dl t c unoil I pon nr i orp ration ha* baon etafarrod tbo m"?i ampta p *-r* to (inrd tha public health. and If tbor tail to onarclaa tha Car with them ra?t? tha rotpon* bi Ity, and a in! toai Balhllltt *11 II ba ?h uld (tha eho or? m app?ir In our nuaot a hi ih">? pattnoatial ootab Jt*bnient? ara *nfT?rad to r mala ab?ro thay no* art. Tha jury do not rocamaiond iba pa ' an ordl. hum, which *hail forbid tba carrying an of tba kinds E NE | of businea* referred to in *07 part of the city; but they suggest. and earnestly recemoieud tbat the** trade* shall not be carried on In any ef I Ha populated portion* of tbe city. Tb* jury also examined many of th* laughter-bouroH of tbe city, and eapaeially th'seaitua'ed in tbe 17th ward JuaLiee 10 tbe proprietor* of thoie placed require! tbe jury to tay that in general tbey are kept as cleanly an it i? reasonable to espeot Still, it ie Lot to be oii-guised, tbat, however necessary tbey may be tbey are dangerous to the publio health. After a careful obntideratlon of the subjeet, tbe jury are constrained to believe that tbe remedy in tbis instance also la in the bands of tbe oily government; and the jury recommend tbat the common Counoil apply to tbe slaughtering of animal* the plan which has always existed in relation to the sale of meats In public market* Let tha Common Counoil appropriate certain lauu? contigueus te either ri?er and be)ond tbe densely populated districts, for the killing ef anin:a!s to be let out or controlled by tbe pnbllo-authorities, and let the common ' ouiioil require uuder suitable penalties, that all animals >-hall be slaughtered at that establishment It appears to the jury that a Stettin of tMs description l? n"t only feasible, but would give satisfaction te the butcher* as well as to the public at large BeMde* the po*ers of the Corporation to carry oat such a system are dear and Indisputable It is bardly necessary to say that, whatever is done, should be done speedily?it cannot he that we will uot be admonished uutil disease over'akes us again The Tot'er's Held at Randall'* Island requires tbe B'ttice of the Jury This burial ground, being upon the same islard with 1,200 children, seriously endangers the health of these ohildren The lury have been informed tbat. during the warm weather, the smell from the burial ground was so offensive that it wan necessary to close tbe window* of tbe nurseries Suoh unwholesome effluvia cannot fail to be productive of di?ea.<o, and the Jury recommend the discontinuance of all burials at that place Ml which is respectfulfy sub mitted KLI AS G. DRAKE, b'oreman. H. A. Huklbut, Secretary Urand Jury Room, November 24, 1849. In Admiralty* Before Judge Bett*. thiklty at ska. Nov. 24 ?Jamri jillen it h'runklin Iltllrlt ar d George Oih$?n.~ Tbis wan an action for false imprisonment and oruel punishment, against the master and first mate tf tbe ship Qu? en of the West " The llbellant shipped as cook in New York for a voyage to Liverpool and back; at Liverpool be was ordered over the side of the ship, on a staging, or on the dock, to help la scrubbing her <0 , he refused to obey, and left the hip; another cook was shipped iu his plaoe when tbe ship was getting out to eea tbe libellant was feuud on b> aru, be had eome on board wltnout tar consent or knowledg* of the master; when the ahlp was two or tbrte day a out be wait agaia ordered ever the *ide of the ship on a staging. with others, to acrub her off The weather was flue, fcu' It is not made clear that the aervice was ntctpsury or useful to the chip. The libellaLt refused. ?t> the repeated order* of the master, aylng he was willing to do anj duty on deck The master ordered the tirstinat* to put iron haul euffa on hlni and a bolt was put in his uiouth for a few minnta* to atop hie talk; he was ironed and made to alt on a gun that day. and waa confined fix to ten day* afterwarda. at nighta in the wkeel-bouse. and fed with bread and water; be tben consented to go to duty, and the matter restored biui to hie place of eook, he waa taid full wagca when the ahlp got in Held, the master had rightful authi rlty to put the cook to th* dutj axacted of him at Liverpo-1; held that the niave waa bound to obey the ordera of the master in putting the libellant In irona. and that tHe libel as to him be dismissed with costs, held that the maater had on other Authority over the libelleut. when fnuud on beard at M, than he would have over any other man discovered there in Ilka circumstances. and ceuld not loipoa* hasardoua service on him without proving him capabl* of performing it; held that it ia not to be implied that a cook 1* a aailor. and the master, before he ordered him to work over the aide of the >bip underway abould have e certnii e.l that he < ol l do it safely, held that tba punishment for diaotjedo lie to that order waa excessive and Improper, but aa it was without viudiotiva feelings on the part of the maater, and In the exeroiae of what he thought his right, and as the oonduet of th* libellant was loruboruinaie and lnaulting toward the maatar. held that severe damage* out not to be given him Ordered, that the maater pay $60 damagea, and oosta to ha taxed Etra Mather ri. Alfrti ,S Cha?t ?Thie waa an aotlon for wagea aa mate on board the bark 8amo?ett, from New I ork to Mobile, Rotterdam, and back here. Dafence, gros* intoxication of the libellant. and that tba cargo. o? billa of lading waa short to an amount exceeding the wagea. Held, that the drunkennea* of the libellant, on shore waa no ground for claiming a diminution of wagea It ahould be preved he waa Intoxloated on board so aa to disqualify him for perforaalng hi* duty aa mat* Held, there waa no proof of dedcleoey In the cargo; the allegation In tba aniwer, and tbe charge of the maater, do not furnlah evidence of that fact Held, that If the Intoxication of the mate, aa piovsd. might be regarded as prejudicial to tb* vessel, aud n>itlmg her to a deduotlon of wagea the ofleno* must be considered as walv< d or pardoned, by tbe master mat log t'f tb* mate * account of wage*, crediting him tb* toll amount, and giving him a written draft tlarefor. Decree fir si.4 cost* H'llliwn itiMini ra. J?hn A Hi ?kttrld. ?The libellant and one other of the crew ?f tbe brig Topax left the veerel <> htr arrival at tni? pori.ngainm tne order* ana prohibition.^ the outit and biought their action* for wage* front Newbern to tb* W??t Indie* and here Held tbat tba voyage terminated at Newborn, aad not at New \ ork. That if tba shipping articles war* not Iiroptrl; proved no evidenca beiag glean by the libelant* tbat tbe voyage wai to end ber*. tb* court would imply that It wan to end at Nawbern. tbe reveal being owned tbera. tba liballanta and officer* reaidiog tbera. nnd the shipping agreement having been made tbara. Held, tbat the libellant* have not provad the veeeal unteaworthy and unsafe, and that tbey were net furniabed luffleient aad wnoli-eome provuion* nor that tb* return of th?ve**el to Newbern wa* to b* unreasonably delayed, and accordingly have felled *howlng legal excuse for leaving tbe veaeel la thl* port. Decree, that tha libel be dlsn>li>eed with luminary coat* Mam* decre* in oaa* ofjobu Wilson ra-pondent. ______________ Common Plena. Ilef' r* Judge l<?ly Nov. 24 ? Tba jury returned a sealed verdict In the rauM> ol Kiernan v* Weetervelt Sheriff-for plaintiff *is emtl damage* anesslng the value of tbe property at f 300. Jamrt IfKMn WiM r?. Hotnt V K SfUyl/r and Jummk Ueiam ? Thi* wa* an anion brouabt l>v Mr H'atb to reeaver HM on the amount of n bin rendered for publishing an advancement tor defendant* In tbe r'tiuiirr u'i't Ifiyeirrr newspaper ninety ouatimea. from June. IMA; together with ona year * ubecriptloa It wan contended on tha part of tb* defendant*, that th* amount charged wa# mora than tha uiual *um. aocnrdIng to the icalc if advertised rate* publlehed In plaintiff* newspaper? that they (drf'ndtoti) offered to pay V'O. with Interest from Not?mber. 184t-aad farther, that they gave tha advartieemeat on tha underetandIng tbat ibvj would be charged lor It ai-eordlng to *urb publish* d rate* rialntlff ineletad tbat there wa* a pectfic agreement and that the delenaanta wore notified of tbe extra cbarga tbat waa to be made, in eonseqnrnce if the advertleemeut being in larger tjpa. and appearing In a particular part of lb* paper. Defend anta r oteods d that there ware no Inmrnctlona given ta have the advertleameot planed In any particular part and that they were not (old until the publication >f tbe advertisement wax diecontianed. that they wonld be charged at any extra rate end tbat plaintiff i* not entitled to receive more than about Mu, whicn, together with tbe amouat af aub*eriptl?a. thev have tendered and have alway* bean readf aud willing ta By. Verdict for plaintiff. ftlMi. with lnt?ro*t from tha na thla *uit wa* commenced. Before Judge Ingraham. No* 34.?In the cn?e of i trie* v* Brown, the Jury returned a sealed verdiot for plaintiff, >7.1* 3 8. Tba court than adjourned tint rfi> nprr m lonrt. Befora Jadge* Jone* Kilnoadi and Kdwar<1* No*. !I4.?Jonathan (hildl ri Da> id Isari't. Rrctiarr / ?*? Airlt Jtmrriemn Ttunl and Hanking Camp*'iy On tbla raea being rallad two large oetaao volumea. constituting lb* ra.a tor the plaintiff. ??r- banded up to tbe b*u< n upon whirb tba jad||>i rem?r?*d that from tb? volunnnon* tppiwue* < f the mm. It wa* not poeelble for t h-tn to pome to i dxlulra kf(ur? tba time whea < hiaf Juatlce Jone* rttlM Imui the beueb The ratine ??< . therefore held o?er for nnl term John II t'.hUri Salhmn Itingham ? I'bl* >W notlm. opi n a bill nf eireptlon* tn ml aildfl a a' o-mtt on a tilal. for >317, tba prica of III fbrfp *oid by tba ilrt'D I daDt to plaintiff m *ound and frae from d"^??a. wheraa*. it la all?g?d that tba; wera not in tba condition warranted 1 hi* application wan made upon tba i ground that the Jnry were Improperly charged to find ?irdlrt tor tba defendant frrnvrit Sayfr ti Itaac Kmalin.? lodgment for plaintiff Rateraa'* report confirmed, with coata, hy daImN All order for a new trial granted In tba raaa of F.duard Flaitf i f Tht l-afig Itland Hailtand Company Itand C Colin udi John I'rarir -Judgment ot tba Superior ( (rati affirmed. b> default. npcrlor Court. Bafora Juitleaa Oakiey ftandtord aad Vandarpoel Plot 34 ? In Ikr Catr nj llaat Htti a-lt Jl Caak ?Motion tor new trial denied William Hrach I.aurmf e at Warren fIrian*, Jr. ? Motion for new trial denied. John Tnnplrtan adt Fair CUrrkugh ?Motion to ?at aelde report of referee* denied Kohl. Hrhrli nda. Hrnry Slantan Tbia ?u an appeal from tba >paaial terra, and tba aonrt cava Judgment tbat to be entered dia.l*?lr>? the romplatal, and tb?reby re?er?lng tba deeieian at ?penal terra WiUtnm Wettter ??. Uaaid MattUnd - ludguient fur on demnrrar to piaai. Leave for piatntilf to reply, on payment of aoata. la tea day* after aotia* of rala T .1 Myr ri Wtlliam Haktr ? On tha motion of tbe attorney for tha rcapondent (aad no one appearing far tba appellant,) (be appeal wa* dtamiefad wltb aoata. Tba great lottery trial between rbal >n ft <'o and Sldi ay i'lnney. at Hartford lit. h?? bean witbdraan by tba plaintiff*, from tba fact tbat it wa* anatrary U law to *wll lottery tlnkata la oanertir lit la 1*4?. tbe < time alleged that tba defaadaat ob amnl tMUM upoa I ft tlokat wbicb w?| obtalnad by oaoaptraoy w y o SUNDAY MORNING, I United States Circuit Co art* Before Judge* Nelson end Bett*. IMPORTANT STXAMMUP CASK?AI'PUCATIO!* FOE AM 1NJVNCTION AOAIN5T TH* SHIP OHIO HEFUSin. Nov. 124.?Aijtki U 81.00, or OHIO. V*. OKOBUB LAW, MABSHALL O. KOMLB-I*. PHOHSEK M. WKTUOBK, KUWIS Cboswlll AND Bowks R. MI IITAINI, or New VOBK.? Judge Nelton delivered the following decision : ? 1'hli if b motion for b receiver. end injunction on b bill died hy tbe eomplBlDBDt against the defendant*, for the f>urpote of re*cinding b eontrBct entered into between he parties on the 17th Aug , 1847. by which the defendant* agreed to build the steamship* proTlded for in the fourth section of tbe aet of Congress. entitled " An act 1 providing for the building and equipment of four naval atesmablps," paired March S, 1817. (Sef* Law*. 1847. p. 118.) er. in case the oourt ahould refuse to deoree a reiciodment of the oontraot. that then a spesltlc performance be decreed according to the terma and condition* therein stipulated, praying an aoonunt between tbe parliea, &c. 1 he fourth section ot the aot authorize* the Sxoretary of the Navy, on behalf of the government, to contract with the complainant for the transpoitation of the United State* mall from New York to New Orleans. M monthly and back, touching at Havana and other intermediate port*, and from Havana to ( hagres and back twioe a month - the mail |0 be transported in at lea*t five steamships of not lei* than fifteen hundred ton* burden and propelled by engines of not less than one thousand horse-power each, to be constructed under tbe (uperlntendence and direction of a naval contractor in the employ of the Navy Department, and to be ao constructed bh to render tbem cmvertible. at the leaat potsibla expense, into war steamer* of the flrit das*. The section contained a proviso, that the Secretary, at hi* discretion might permit a steamer of not lea* than all hundred ton* burden, and engine* in proportion. to be employed In the mail ser>ioe between Havana and Chagres. It also provided, that the compensation for the service should not exceed the sum of $'240 OHO annually The complainant entered into a oontract with the Secretary of the Navy, under this act. on the 20th o April. Ih47. for tbe construction of tbe*e ship*, by which be bound him*elf to eon*truct and complete them, upon a plan and after a model particularly set f>rth and described in the agreement. It provided thatit the Secretary should determine to employ a steamer of not less than six huudred IMM burden, tor tbe servloe between Havana and Chagrea, in lieu of one of the Ave bips of tifteeu hundred tons burden, the complainant ahculd build one of that description The two Ornt ships were to be ocmpleted and In readineai for tbe service on or before the 1st of October. 1H48 and tbe remaining two. ot filtten hundred tons burden on or b> f <re the 1st of October 184l>. with such Improvements In model, engines, boilers and finish, as should bo agreed upon by the parties to tbe contract 1 here i* no limitation a*to the time within which the flub steamship, in reap) ct to wblch the Secretary reserved tbe right to reduce the viae should be completed and ready for service The Secretary, on behalf of the government in consideration of tbe promisee, agreed to pay to the 0 implaiuani. ax a compensation for the full performance of tbe sertice in carrying tbe mail fM l>Oo per annum, pajable (juarteily it was further provided, inasmuch as the ships would bt> completed a' different ! peril ds witbin tbe time limited, that each of tbem ! should commence tbe service as soon as she would be in all respects ready therefor, according to the term* r?f Aniifrti't And that A npiinnrtiiinitf m nirf. nf thn compensation. stipulated for the whole service. should b>' paid for tbe partial service thus rendered Ami finally, that tbi> contract should continue in foroe for the period ot ten years- tbe term to commeuce from the actual coiumtoceuirat o( the service a* specified On the 17th ol August ef I he nu> year tbe complainant entered into ao agteeiaent with the defendants, Law. Hubert*. W etnicre and Croewall. by which. In consideration of an alignment of the contract with the government to three trustee*. of which Law and lit belts were two. they eoveuautuil and agreed to cobstruct. finish and completely equip the live steamship* In ?uch manner, and at such tiuie*, a* were or might b? required by the navy department, and to provide for and pay all moneys necessary theretor, the ship* and their machinery to be built and the veesil* equipped under tbe superintendence aud central of Oeorge, one of tbe partiei. and that they would, in ail things, fulfil and perfermall the duties and services which the complainant bad agteed to ba don* and performed in his contract with the government It also covenanted and agreed that the assignment ot the rouipla'nauts oontract to the three trustees should be up >n the following trusts : ? 1 That the trustees should cause the steamships, as they shall, from time to time, be bullc, to be registered In tbvir name*; aud that they should have tbe sole management and direction of the ship* and each of them, aud of their employment; appwnt and pay all sub officers agents, and otber persons deemed necessary and proper, either tor the tailing or navigating of tbe vessels or for the management of tbe business thereof, at the varioa* ports and places at which they may trade or stop , on uch terms, for such times, and with such powers and duties as to th>m may seem lit and proper They are to make all necessary contracts aud agreements for the employment of the v*s*eis. and to exercise aud perform all such power* and duties iu the nt'auwrs, a* may he necessary tor performing the dutlea and rvices required by the .Navy department, or for the advaulag* and probt of the parties concerned . And. second : 1 o collect and receive all th* irelghts and earnings of th* vessel* , and all sums to be paid by the government, for transportiag tbe mail, or which may beeom* due or pa) able on account thereof; and make all disbursements. of every kind, incurred in the employment of the vessel* And. third : To render to the complainant and tbe defendants, respectively, quarter yearly, an account in writing of all their receipts and espendunres in the discharge of their trust, tbe first account to be rendered at tbe expiration of three month* from th* commencement of the Mrvlce. by all th* steamship* or any ot them , aud apply the net earn!* aViall remain At tha *i titration of Misrv quarter, after paying all dinburtewrnta of tha vaafll, ct.argea. ami expentfa of every kind, to which tha truaUea may bo ubjecled. in tha flmt place to th? ptjmtil of 91*i t>00. quarterly, ooo half to tbe c? mplalnant atd tha other half to tha defend auto, and tha rerldua to tha ra-p*ymaat or all advanoea made by tha department raleably. in propor- 1 lion to tha amonnte advauced by them. reapeotiva- i 1} in building, equipping and flushing tltaee alilpa, together with Ugal Interact, and a oommiaalan ol tan per cent on all aniua ao advanced , and fourth. (bat when all tbe mi aaye advauced by Ilia d<lendaut*. pursuant to tbe agieement. In building and completing tha ahlpt, 1 with laUtfit and ?oiiian>rlona, and all eipeaaaa and 1 recpoio-ibllitlea ln< urri-il by them. or by tbe lru?t?u? ebculd be lallafitd and pal J tbai then tha tfie truuaea i divide tbe net earning- including the mail Mrfieti, quartaily Into two equal patta ti. reof oua part khould be paid to tha roMplaiaaat, and tha othar to tha dafeLdanla; and then ibe veaaaia ba held by tha truaiaea. in truat. far tha eoaaplalnaat and tha delxndaata In | equal oharen It I* further provided, that the truatae* n.a) eonimt to in; m<xllllFitloi of the eontrart which the navy depattmant (ball require and which In thair opinion, ma) ba tor tha advantage ol the partiea. and alao Ual any modibra'H n renewal < r continuance uf he mail contract, any time obtained fr?? t ongraaa or tbe navy de|aitment b) eiibar ol tLe paitiea. ihould enura tu thair joint benefit. Tha bill of complaint which la founded upon lb?aa aeveral agreement*, particulailr upon that ol tha l?lh ol Auguat, < bargea, that tha defendant* undertook tha conatrurtion <ftwo et<aiu?btpe, In pureuanca ol tbelr contiaot to be oallrd the Ohio and Oaargla; but that In iba iuBim>r of 1MI they bee a m e unabia to prxaed to tha c< mpleiion of the aama for vast of fuul?, and. that thepupan tha tru-teea to praveat tha entire auapei ?i< n of tha work, and tba lorlaltura of tha cam plainant'a contract alth tba government aaauraeii upon I tbemaelvea the building and completIon uf tha two 1 hip* in their character aa truateea, and. for that purple pri'cari d a oiodiBi at !" of tba ron?raot and an advance of money ir< m the gnvarument, In purauaace of an act of < ongrra* of tba 3d Auguat, 1MK to wit tha ; rtiB of >7V0 (.00. and that. In order to a*?ura tha repay mn.t of tbe moneya to advanced, and in conformity with tba prgvlaiona of tba aat. they ateoutad a mnrV { gaga cf tba taoablpa to P M Wetmore, aa truatea for the govarnnjent. tha Hth September of the earn* I year I ha bill furtbar chargaa that lha trmteea pro1 cured a further modiflcatlon. whaieby It wai agreed that tbe tteamahlp falcon ahould be racelvad la lien of tb* an.ailer ablp contrated to ba ballt, and which aald I >p I tf o*an rnipiojau ibiijiih w t*??n N?? \ ork >ii<l N?w OrlrtDi. and lltiut aad < bagrrt ?) >? tba month af H?f?inb?r 1H4I, and aiao trrlght and p????ngar?, uadar tbii dlrantloB of 1li?, tii4 iliat th*y ba?a bran from tha intruBftt eniupriritloR. under th* cantiaat, at tha rata of p?r nnth, and far fratght. ?"d pa?t*agn? $10,140 , and fartbar tbat tha truttaa* by (ha aid of tha** fundi and tha adranr* ft'in th* govarnmant. bar* compl*tad tha ?t*amahlp Obln with lb* aicaptloa of coppartag bar, and ar? proeKdlt| to flnlth tba (itnrila , and Ibtt I,aw and Kob*rt*. two of th* trunlaaii aad parti** to tba eon tract with r< mplainant to build tba ?hlp?. and IV M Wat mora, alto nt* i4 ?ald parties (ur tha parpoa* of da i fiandlt>n tba complainant. and i f dapriilBg him of hi* IsUraat ia tb*?btp aiid tna banaflt ot hla contract, did, oa tba IVth 1Mb, r*gi?t*r tha Uhlo la thalr famraa* ladltidual owner* tba ramoaatraar* ( I t ha eraiplatnant, abd further. that tba Ohio ia ao far r< mpletad that aha baa bean put upiB tha lla*. and I* nipn jad IB iba aarvlea of carr/tmg tba mall from N*? ; \ nk to iNaw (itIran* , but t b* d*f*ndaBt* den/that aha liaa b?an *e> ?pt<d h) tha grmnmeBt. or t* * pii'jad In thia aarvict- undar ib?tiu-t; and that th* 1 two truatae*. and Mobert*. rafu>a to Co operate with Iba other UUftee NlelHalae IB managing I ha af- I lalra of tba tbtp. or to permit th* raid .VlctlVaiue o participate in tha Biai>ig> oi?nt af th* aine a<'?nrdiug to U?-?lpra*? UiBf and condition* of tha agreemaat of Iba )7th Augtiat, ai.d that (ha d*f*ndnnt Law, who ha* lh* nut *g? mailt of lb* eoaatruetlnn of th* ataamabip*, n*gl> rta and lefuaea to copper tha Ohio. though <Jt*n rti|ttMtad. by raa*< n wharrof tba complainant It la il*tig*i <>t bating hi* e< Btract with tba gorarnmaat Oaaiarad lo ba brokan ai d furfelUd. and of *uff*rtig Irn parabl* loe* and damage , and lnrth*r. tbat ib* d? t*ntiant* bar* kmkan tbair mtiaot with th* * Bi| la>nant !,*?* failad to inutimti and flni*h th* 'wo i bipa r?*(i) for *er?lc* by th* nrat of October IH4*. I>itt put but on* Iba aaratce aad that Bot till th* ai<i<tb? t g. piaa bar IMV and tbaa untlnt?h*d, for ant i t ?-oj p.iing, that iba/ hate adrane?4, for th* a. i,?irncit< ii ot ihetwc. abip*. th* l(bin and (#aorfla. not to aleaad tlM',IM> tbougb tha c< itiatrurtlon feint lati coat ?i?a? IkiiV.u *b*. that tha baianc* retjuir ??i b> ed?annd, i a- b?aa r*alt??d from tha goraiB n ai.t an<i tba *v nnga of tha falcon, that th* two 1 l>lpa whial. war* u> hare haan butli bj tha l?t October, 1 >a4w la** ??'. /at b*ia r*n a.? no*d aad that tha 1 <np?'ian' l? In dai<g>r it hating In- contract fur1 >11111 by *i? n?* act and r*fu>ai of th* d*fa**anta ta ,1T"CI** m d Hurt thafa *htp' avoiding to th* raqouaikaiita of tba Ng?y L>*p*rtu*at, aad tbat bf RK E NOVEMBER 25, 1849.

ration of the fraudulent conduct of Law and Roberta, two of tka trustee*. aa wall aa of the defendanta, the property of the complainant on the ihlpa oonatruotad, aa well aa the boneflta and advantagea of hl? oontraot """ ... ? (> Ul ueiug iun HI destroyed. and great and Irreparable dwifi auatainad, unless areceiver la appointed to take charge of the ships, their freight, mall pay, and tbelr earning*, to oppar the Ohio, and aomply In all othar reapeota, with the condition* of the complainant's said oontraot. The bill then praja for an account; that Law andRoberta. two of the trustees, be removed from their trust; that it be refeired to a master, to appoint two other (it persona aa trusteea; and, in the meantime, that a re- I oeiver be appointed to take charge of the contract with the government, and possesion of our ihips Ohio and Georgia, and to flnlah them under the ' directum of the Court; to take charge of the Kalcon until the aanie ean be aupplled by another to be built; and to rtcelva the earninga of these shlpi, and appro- j priata the name aa the Court may direct, that the regittry of the Ohio be aet aaide. and the ship registered in the name of the receiver, or of the trustees when ap- I pointed; that tha contractor the defendants with the >mplalnant be annulled, and an aooonnt taken of their advances towards the construction of the ships; and j ou being retunded by the oomplainant, the preperty of said ships may be transferred to him, subjoot only to 1 the mortgage of the government; or, that a speoiflo performance of their coatract be decreed by tha Court: and. that if they neglect or refuse to prooeed, and forthwith construct said ahipi, that the complainant be permittedto construct and complete them at hia own sipense; and to stand in the place of the defendanta in reaped to the benefits and advantage* or the contract; thai an injunction Issue against the defendants, to reitrain them from conveying away the Kalcon, and from Interfering with the Ohio and Ueargla, and from conveying away the Ohio under the fraudulent registry; and from preventing tha return of the Ohio and Kalcon to the port of New York; and that the receiver t'i be appointed, may be directed to proceed forihwith and construct and complete the ?hlp? in fulfilment of the contract with the government, at the cost and eipence of the oomplainant and out ef to be furaiahed by him for that purpose, and out uf the earning* to be received from the employment of the -hips, and also that Law, Koberte, and VVetuaore, the defendants in whose namea the Ohio la registered, be restrained from conveying away tbe same, or presenting her return to the port of New \ ork. and from interfering with the receiver appointed to take charge 5f her We hava now stated at large the substaa ie ef Lhe hill and grounds of oompialnt. arising out of alleged infractions of tbe oontract of the 17 th Aug 18-47. by which the defendanta bound tht-maelves, for consider ktions therein Hated, to construct and complete tha l*e eteamships, and, In all other respects. perform the lutler and obligations of the complainant, in his contract with the government of tbe *A)tb of April of the laiuejear; and also the charges aad grounds oi com- | plaint against the trustees ef that oontract, aud of the ihlps to be constructed and completed, ready for ser- | rice all ot which is put forth as the foundation for the luminary interposition of the court to prevent great sud Irreparable loss and damage to the oouiplaiuant ; I'o thin end we are asked ?1. To remove two of tbe i trustees, and in the meaulitue. until others are an pointed In their pikers, according to th?t ordinary 1 course of the court, to appoint aieo-iver to take charge oi the c< ntract ?ith the government eud tue dei.nd idtn, aud alfo to take possession and charge of tbe ?feipw constructed, or la the process of construction, ina to complete the timr; and, la all other respects, to proceed, under the dlreotlon of the court. and carry Into complete exeeutli n the terms and conditions of the foresaid contracts; and 'J To enjotu tbe defendants lr< m intei fering with tbe receiver, t him appointed, or ' ?lih tbe ships. or earnings of tbe ships. and from oon- | reylng a?ay either of tbe Mine, ho as to prevent the receiver lrom taking them into hi* possession. Tlia .;roui<ds up< n which we are asked to remove tbe trustee* are let. I'bat tbe two, Law and Roberta wbo j tie also parties In interest in tbe construction of tba iblpf. and in tbe fnlQliuent. in all ether respects, of the :omplalnent'? contiact with tbe government. have exsiuded their co-trustee Mcllvalbe who repreent* his Interest iu the chip*, their taming*. and In tbe proper faanagtment id the joint concern, from any participation in the same; that they have denied the complain Mat * Interest and right af kin trustee to act In the prefaces ai.d are collecting and appropriating to their own lira awu b? netit the aarninga of the said ships and moneys receivtd from the government for the mail servioe; 'I. I 1 hat they hava repudiated the trust, by fraudulently procuring tbe ship Ohio to be registered in their ows uames. Individually, and not a* trustees, excluding the DSUie of the other trustee. Mcllvalne, and 3d, That Ll.ey hate neglected and refuted to render to the com[iisinent in account of the moneys received from the larnings of the haleon aud Ohio, Including compensation for the mall servioe. and are appropriating tba none to tbeir own bea*IH, In disregard ot the trust. | Fkeee are the grounds, mainly, relied on In snpport of this preliminary motion to remove tbe two trustees, ti>d appoint a receiver , and It la apparent that In aider to *?mpr?hend their force and effect for tbe purpose claimed we must first asoertaln the precliu power* n,d duties belonging to the traatees under the contract ; and whether It confers upon them thus* la reipect to which a breach au.l niisfea-anc* have been charged They are prescribed In the contract of the ITtb August, and to that, therefore, we must apply lurselve*. In endeavoring to ascertain their extent. C'pea a careful examination nf tbls will nlll be seen that the trustees have nothing ta do with the conslruetion of the ships, either In respect to the ontracts for building, the funds to ha provided, or In the superintendence and dlreetien, in any war. in the process of conatructlon and equipment. These are ubligatlons and responsibilities resting exclusively upon tbe other defendant*, which tney assumed upon themselves, and are bound to discharge ; the principal consideration tor which Is their Interest, asstlpulaud In the aealgned government contract,and in tbe other eainings of the ships wbiie engaged in the mall servioe There are other advantages provided for, hieh. doubtless, had their influence; but tbesa are tbe mala consideration* for tbe undertahlag. These defendant* took tbe place of the oomplalnant, as tbe oontiacur with the governuieat. so tar a* related to the construction and equipment of tbe flva ship*: an.l were snhjeet. only, to the superintendence and direction of tbe naval constructor in the employ of the navy department-a power reserved by the Secretary The trust temaln* entirely passive, until tba ships, or tome > ne of them, are constructed, and ready to enter upon the mall servioe It Is then provided that the trustees, to whom the government contract had already been assigned shall cause them to be registered In tbelr names; and that they shall thereafter have the sole management and direction of tbe ships, and of their employment. le. In the mall service In carrying freight and passengers- la collecting and receiving the earning*, including the money* received from the government? in tbe disbursement of expense*,and (ball aee >ant aad pay over tbe nett earnings aceordmg to the directions tiii la tb* proportion* apeclally pulnted out In the tluet Now. Ib view of the protWIont tbu* referred to, nod until we thall hereafter eon*ider w* har? b**n unable to r**ii>t tb* conclualnn. that, according to the I am and ohaioua Import of th* contract ol the 17th Aaflaat, lha tru?t therein HUM dm not begin to r perat* or become active until tb* chip*, or aome of tbem ha?* b-*n bunt and coapi*t?ly equipped. ready for tb* n ail aerrlce and bar* Iwd acc*pt*d by tb* Naey department- that dowa t" that tliu it i? pa*.|?e and Inoperative, a* an power li conlerred. or duty enjelaed hi" n th* tru?te*?, la reapact to tb* ?hlp?, until ceepted and prepared to commence th* mail aerelc*. 1 b*t* I* another new. arialng out of tb* protlaloa* at tb* eontiact, and b*arla( upon thla c<>aetruotloa. wl.lcb Krai to ba ri|iiall; iarlrlfa Tb* joint Interact In tb* ablp* between tb* parti** doee not arlaa until they ara accepted and*r th* government contract. I her* la no atlpnlation or arraig- m?nt a<re*d upon ftr their empioyuivnt out of tbl> ?*r?lc*, on tLa eoatrar?, tba Wfeoia agreement ! haa*d upon It If tha ara not accepted. they ar* thrown back upon th* banda of th* def>-ndante. and reBaln their property euhjeat to the mortgage They if * wake tb* beat or It. tb* ahlpa ara tb* only necunty ib*y have for tb* outlay* la tb* eoattaction It a loaa la ?u?talae4 la tb* building, tbey al< a* mu?t b*ar It Neltbet tb* complainant or tb* truateee ara at all c>i.c*tn>d It waa auppraed on the argument that tha alaaaca of tb* money by th* government, undar tha act cf l oegr?**.(Sd Aug , IMH Heee L eh. 121.) operated to teat an Inttrtut In tb* e< mjlmnaot In tba 'hlpa; hut i li l? U at obvlma BfeMNlMMll n l?h* only identity for th* repayment of that advance la tba nblpa, aad. in the event of their not being acoepted hy th* Ktiranriit. tb* above defendant* alatd alone reepoual?,*, f< r It aiunt be repaid by them, or be r*alla*d If at all. *nt of th* ehip* which ar* th*lr property. A gala, tba Inter**! of th* complainant In tb* earning* of tba veaeela? and which It i? admitted create* an equitable right In the ahlpa and a direet Iatereet in th*lr proper management do*a not hegia uatll th-y ar* acoepted aid bate entered upon the performance of the mall aetvlee. Till then, hy an eipreea provision of th* go. aernmeat contract ao compensation I* to he paid and tb* provlnloaa In tbe conirart *ltb the defendant* regulating the receipt* and dlrburaameata of the earaing* and tba duty of the truet?e? to acc>unt therefor, ar* all ba> ad upoa tb* rniploj meat of th* ve?*ela In thla rervlc*. There are no joint aoeount* or j*lnt Intereat patlaartbip mnriit ri.mni'-tioK and i( piae*d un i|?i Iba actlta nianaganitat anil eaatml of th? truataat 1 Ma rohrlulm la al?o, mpportad by tha g?tiaral atiumuta and trrtu|imtiil <1 tb> artielaa of a^raaB>< nt Tl.a complainant bt in*" Into thf eunimoo atn?k 11 * $ thiioh i.t ei>iitraal ?Mrh ?a? and U <i?uhtl??a, rt pardad aa ?aiy taluabU- . Ikr d< Innlaota. tha H??ra bipa ; and wlun arcpixl in tuinimi-nt of th* conMart. Ib? tit giMi itlirnt maim* nr?-a andtbawhola of tba capital goTi rr.Bi'Dt rantia-t and fblp?. and tha n at at?a>at>t if tba ( an- bra plartd nud>-r tru?t?-? i bla la tba louiidatli n >4 tb>- inn>|imaut batwaan tha pallida lb? additional pfoalataa# talaia ohltlly to h<- n am i r of rarr\ Iny op lha ntftprtw. for tha rom i< n baii?Bt nt dl>p<-?loK i f ibaproflta, aal tba hhIio* i<u tba ttnitHt at t*<* and of itii parinarMilp ? iba r> tnplalnant might baia pro?kd*d for an arerolnx Ii.ibmH iii lb* thipa and alao for tna vaattag of tba tltla to tba iiai In tba liolraa ahilr la tna proflaa* I a< aatriirilo*. tharaby a*(aitln| a^iditl nal a*?urkty lit tba fulfllBitat -n iba pai of th* drlt-ndanu, but na i ab piri?l>lon be* b? i a Brada Ha ?bo?a ta taka ?h-tr |aw<i,Bl ???|h nnbllii). aa l tn> naturally, a* thay au ban tna hip irnvill) to lhagoaarrmant far tha par tola ai ea ol ibln *#tj rartlra It I* but Jilut to add. I M ? t ?t Ml ' 'I bppaarlng In tba raa* ar diaaloaad > k tl f huniK II at ar? ijulta e<>aip? taut and ahla to parltim tbatr Migagamaat Tha aci af tha pa>tlaa. 'B >rrur>t'K tba adtanaa made by tha gorarnmant ii aatda lha eot?.|rnei|na of tha t*? ?hip? by a amrigBga upon tb?Bi ?? vary ttmuK'y urgad. ?a iba ai?um?nt, a ? Bloat thla rnnatraation It ?a* Urutad la tba i am* of Iba tbraa tru?ta>( Tba aat I of i 11 graaa pro*ldi-d. that tba adran?a thauld ba ? i ITT [ERA aaenred by a lien on tbe sbipa, in ?uch mtnnw aa the Secretary of the N??j should require. With all our reipeet for tbe judgment and Intelligence of tbat offlcer, we wait still construe the contract. and fire eifert to It, according to tba conviction of our own judgment*. No doubt, all parti**, a* it reapacta the government, are atopped from controverting tba validity of tba Uan. If tba ablpa aliould never beaccepted, and the adranca not refunded by tba disoouut ot tbe mail compenaation, tbay remain in tba banda of tba dtfendanta, subject to tbe lien, aud a aale under tbe mortgage, units* they discharge tt by pay sent Tbe lui ur vt vivounug mo uiut hi tue uiurig?|e ivboii, can, lo no respeot, nor on any principle or rule of construction, vary or modify this contract of tbe 17th of Anguit That is between different parties, and involv** diflerent int*r*sta and right* The conclusion at which we have arrived upon this branch of the caae. dispones of the question aa to tha iti.x val of the trustors; and, a* a MMMn ooncequence. the appointment of a rer> lv r, and the great lug of an iajuuetion. It alio disposes of the question i.rlMrg upon the registry of the Ohio. A* it ha* not jet come under tha vruat. thu registry was properly enured In the nam** of the builder* ami owners la respect to the delay in the construction and equipment of the steamships, and the action of the court prayed for in thia preliminary proceeding, founded thereon. It in a sutilcieut answer to say, that from th* eOldavita read upon tha hearing, it appears that it ha* been assented to und acquiesced in by all the parties conoerned ; and has been occasioned by the very great enlurgt meut of (ha tonnag* and capacity of the skips, not only assented to by the complainant, but adopted by the defeudanta, upon his urgent solicitations, Kour af the ships provided for in the contract were to b? of the site of fifteen hundred tons burdca.aud machinery in proportion Tha two nearly completed- the (ieorgia and Ohio? the latter, entirely, with the exception of coppering, ar? almost equal in tonnage to the tour, with machinery in proportion, and, as stated la the opposing atHdavlts. will cost an amount nearly equal to the cost of th* four. Borne Indulgence oa tbe part of the government might, therefore, be naturally expected. The complainant 1* as deeply Interested In the enlargement as tbe defendants; the government were. alt<o, interested, as oae of the objects of tbe act of < ongress, providing for the oanstruotion. waa an eventual employment ot them in th* naval service of th* country; for this reason theaot provides that they shall " be so constructed aa to render them convertible, at the least possible expense, into war steamera of the Drat clas? " The contract con taina a similar provision and. also, for the taking of them into the exclusive service of the goveruuient. In respect to the preliminary arrangement* with th* government, by which the Ohio aud Kaicon are employed in tbe mall service between New York aud .New Orleans, and Havana and I hs^res, aud tbe equities of tbe complainant in the earnings of these ve?sel? no questions arising out ot them are inquirable into in thia stage of tbe proceedings These will properly come up whi n the rase is ready for a final hearing on the pleadings aud proofa. Tbe motion lor areoeiverand injunction must be denied. The Sitamhnii Hhodr Itlaml erfs. The Naueaturk Trtntfivrlmiion Cvmpniy?In Appeal Juo<:? Ncieni The principal question is. whetber the iibellants are entitled to damages, in a eas* of collision for tbe delay and less of trips with their boat while she li undergoing th* necessary repairs. The commissioner below allowed a compensation, which, acourdlug to the evidence, would have enabled the owners to bav* supplied the place ot the damaged boat, and continued her regular trips until she was repaired and fitted to resume her place in the line, which was fJU per day. On an exception, this allowance was set aside by thu court below, and the report sent back, with directloua to ascertain the value of tbe vessel before tbe oollislon, and to allow six per *ent. Interest upon that amount as capital invested in the boat I do not understand this dirt etion as intended to be laid down as a general rula to (ovi rn cases of thia kind, but a* an approximation to an indemnity- th* particular case under th* peculiar ctrcumatancua. It was an allowance for a supposed or apparent ln*a. incident to the damage dene by tb* oolliaion; lor where no settled rule oould be found, and in respect ta which, opinions, whether anything abould b* allowed or not, and If anything, by what rule to b* determined are contesting and unsettled. The difficulty is Intrinalc, arising out of the nature and deaoription of the loas. aa th* preeiae amount, or even a reasoaabl* approximation to It cannot b* ascertained by th* ap plication of any known or Used rule On tbia ground, tbe damage waa denied altogether, in an analogous case, In the Supreme <:*urt of N. Y. ('21 Wand , 342, Bianrbard vs. hly.) That soma loaa enters iuto th* guniral damage to tb* veasel. ou account of the time necessarily consumed In making tbe repair*, ta obvious enough, and raaulta directly from tbe injury; but the difficulty lies in finding any rule by wbiob to ascertain the amount with tbe certainty required by law; tbat ia contingent and speculative, aud depends upon th* nrnliU i.f the hiihinMH In wnlrh the vessel is euffaired. ft tb? owner. had hired another vea*el of the kind to aupply the place of the disabled one. while ehe wee undergoing repalre, for a reasonable compeneatlon. tb--re might have been eomrthtng tangible 11..- am -up' actually i-ei?l for the purpixa of continuing the buklneag I do not aay thl? would be free from difficulty, or that It could be brought within an; died rule of law -ail I DrM to m; I* that there would be le.ta euibarraainjeat In the illonuo* IhiD In the ewn before ua. where the I ?it j did Dot are fit to aaeunie the i|?k mi. 1 reapooalbillty of a auhetitue The character sad proflla of tha buplnwi ara the ground*. doubtleM upon which to determlae whether It would be expedient for him to go to tha eipente and troubia of proeurtng another veeael ? a rlak. perbapa. which ha bad a right to aatutne. and ai Ibr tiptDtt of It on ouoatloDed by tha oolliilen, there would eeem to ba wmi propriety lo the allowance a* aa Item ot datuegea But theee eoaeideratlon* da aat abler Into tha ear*, when do eubiitltute haa been procured How far the I ourt would feel Itaelf juatlfled la tha allowance,where a veeeel baa been aolaelly employed, la a MM I do Dot iDtead to determine Aa before aid, there are diflloulilea atteadlng It which should lead to raiitloo Ml. i bealtatlon In the adaption of that >iim a* the Hieaaure of compensation It might Involve the j jueetlen. whether It waa practicable to procure another trtael, for. if It waa not. after a fair endeavor. the allowance would aeem to be an rea-onable aa if one hal I bent In fart obtained. I p?u the whole. I am not lu- i rllued to Interfere with tbo allowance aa made, not becaa?e I think It founded upon any fixed or eatabllehed ! pllBcl|'le but because It la juat NMHl in Itaeif. aod have ti< i been able I* find any prinul|>le tbat would juatlfy tha adoption of a higher meaaure of damage* |n 1 tbegiienia?a The remalniugqueetlnna are of minor eonndeiatloD, and 1 thlak the whole properly diepond of. Decree below afflraard Jukn .1. Httdilitrt ? ?. Jam* I llrrrim ttnH Olhtrt ? la Appeal ? Judge Netaon delivered the opinion of the l < uit 'I hla in a libel to recover a balance due the n>aater for freight < a cargo of cotton ahlpped fram New Oiliane to New I oik. Defence- that the cotton waa n't delivered in good order and condition.and tbat the damage eiceeiled ibe balance of Ibe freight I'heblll ; of laoibg aignee by the maeter.admitted that the cot- ' too ?a? renlved od b ard the alup at N-w (Irlean* la giKd order end well conditioned aad atlpulated to deliver It in like good ordtr at Ibe port of New York 1 he re?p<ndanta were ooarlgaeeeof the cargo and bad adtarred a large amount up- n the cotton, oa the faith oftheblllof lading It la admitted, tbat the worda. ' In good order ana wall conditioned " In the bill of lading, hate reference to tha esternal conditio* of the cotton that la. that the aitlcla waa la gixid *hipplog condition at the tluie received oa board, anddoea i t t i>tei It cr warrant the Internal quality tate er cevidltlon of the eottoa In the bale The queation. I therefore, la, whether the cargo had au?taioed damage from defecte In the baggiag and manner of aecuring the balee from lajurlea eiteraallv la tha tranaporta tun. or damage emutlng eiternally at and prtilmi to the loading on board ncca-loneJ by eipoaura to ralna or wet weather, wiihoat proper proteeiloa, or by any other III-uaage in their interior trauaportatlon before It reached the ihip and whiah waa readily vlaibla upon Inepectios, or whether no da mage waa oaeaaloned the Internal l ad rendition of the eettoa which wai In l - - ...... ..f .hiatiuanl . -1 ? ,?|J not bt deweted only by rutting tha balat and In^Ml log tba interior ?(at* and condition of tb? ariloia. Tb? r< 11-n In railed muntry daaage. ' roaultlng from tha had romlttlon of tha nIMI ?han haled or from np< aura tn bad ?eatber or ill a-aga loth* lotarior ti p< rtat I on ?tnl whlrh at tha tima of?hipa*nt if not dlfrn??rahla from an la-pactmn of tba bale* ? I l>< n tbl? <|ueatlon the taatlmony I* pamewbat. c?nflict'ng and contradictory but concur* ?( ? ra ly la rtlriuanra i.| iba laet, that the cargo tw in had ?b?p|>in* roid'tmn whan It arrl?-d aul ??? dellrcred at thla port- tbal a larga pail of the hale* wire old and r? tt? a, badly tara and damaged and tha cotton there In roa>ri|ii?ktl; br<k>a and dlnorderad and to ?>ma ax'aat ? and daaia?r*d by aipoaura In tha -hip Dent and ilalnri; I h? plrkar an i mea lar, ?h? o?i rhauied tba cm ton and put it In order, *(at*a tbat It iai in bad older < nie of tba bale* ?era rotten a nun l>ar with ro|>ee . tl ai.d baling torn a portion of the batting old and i?ti?n aim a portionda nagad by wattm* tba' lia oirtlaiilfil "Oil i?o huujr-'l bale* not ol tha ti?e hundred and tha' *e?er*l ol tn?m bad hnrat op?n for aant of p>op?r mpe* rh? Injury to tha cotton pt< b?biy ana* In ai ?liat la termed coantry d?n?K<- *J>>ch in a.any Ibttanoa, arleaa out at tli* condition of tha ootton at the tlma it la baled, balog aet. ir ant propelly tilled for tiai?p' nation, aad which dattiapa i? lorielMa ta tha aya on m-paotlon at tha time ot thipaitnt. but, In ihl* ln?tane? tha wight at tba etnlinre rh< ? pretty ?a Htactoitly tha' tha fleet* bad b- en developed upon tba hale* and eitaraal Flat* of ID* iil'riiii ->fw wn>-arii o?iirrin* i *w put tKtitf tod that Iba ma?tar n>(il(ril I <1 to Ha bl|iptOi( iilur la thh r*?p*ot at ih* Ilia*, or h? ? old n t ba?* aca*pt~d It a? In f<? ft -tOtr ml ?!! ?<>nultlon*<l. Tha bti ?oai* twfutj dt)> pari * ><l of nun h<iil> ?uin<ji*at t< ftrr. im tor tli? eut Jicl 'U of tb?- b*l*? at tbatiaia <>l Ike tilltri) no i hr yrauiid "f aotieralad ooiialry dv Ontbl- I ilink th* d?arr* of tba court btln* ? ilybt atid thoold atnrai*d I'hf o >uiKii??> tad aa?ara>d ?i liratll; upoa tba cotton <>a tt. tftiib of 1 h< Wil of ladlu? that it ?a? ahlp^rd io |M il i rd?r. a* lb*j ?ar* Jt<ll k mi l ih' t f'tdtll) hi ui-1 ant b? l*??a*d or iiajiftlrfd bj pariait li lb* n tiui to eauitamat but rapr*>aai?tio<ta in | It at tt>-tr i. a?*nt It ml*bt b* Wbwratfta if It *aa a i|tj??lioa M*m lilai aad iU? i ?nw l"h* quaatioa ol ()*? *, lb*a Kifbt **il b* liult.a to tbat **urrla? 1 iti it? ( taw i t th- >bt| a??t n-'tai-h-tabdloH th? i bill * I iiuing, but tb* r?-i#?M'*",? ataad la tba Hah' Of t??* f 4- |>n ttaft t? >>a tba ta-tb <>t lb* r?pr**?nta Hot* rf tb* aa>t*i II la ith* lb- *ark*t may aba* that lb* eotion aoald b. aoid for m< ra than th* ad van** aa vlftoa* Mitiaianttu a?*ai lb* am aa In ma tror*ray but ibat do** |u| n>*?-t lb* prlooipl* II; that lb* r*?poad*ut- ar* riiltlrit tit iba nar(i) a* d? *arlb?d ta ih> bill *? fttllim a> tb?lr ?*<iurltj for tb* Mrbaea, aitb-ut rrgai d to Iba u-n?ati.<a? ut tb* n?r LD. TWO CENTS. ket, or Mini to k? matte at any particular it.? Dvorea below aBlruut. In the Caie / flylrtiter Barter and OtKrr, rt II tf land and Ulhrrt, Judge Nelson also gave tbe lull Irr* ilflciilon Th? ttfldttnro it oonolu?iv* in favor o.r the libeilent*. that tha (toruge of the cargo in gut ?>f a general shipment, ira* according tu the well known i well established custom and usage in the trade fn '? Naw Orleans to New York, in the product* of the com. v try, wbiob are u*ua!ly shipped troui that port and this, not only in respect to the manner of storage. but also to tha different article* and products stowed together in the hold of the vessel, sucb as the storage of barrels af flour and bags of corn upon tbe top of h..g?he?ds of sugar The most experienced merchants, surveyors, and stevedores in this trade afflrn this usage with scarcely an exception. The respondent* are chargaahle with notice vt this usage and custom, and oonsa<]uentiy murt bare known that their Hour would ba thus stowed, in the absence of iastructlo/n* to the contrary; and, besides. being thus obargeabla, it appear* that the respondent* were in faot, aware of the u*ag?( and had sent order* to their agents not to ship (1 iur atowed upon hogsheads of sugar, thereby implicitly, at least, conceding the usage; aud, also, that instruction* to the shipowners were necessary to insure a nhaug* 1b tba practice of lading. Several witnesses, who -tat* that experience has i-bown that flour is subject to particular damage when stowed with sugar. from heat and vapor, aiisiug from fermentation, occasioned by tha draining* of sngar mixing with water in the hold of the vessel, and tbat they have given standiug instruction# to their agents at New Orleans. not to ship the*r lloar with hogsheads of sugar It further appears, from soma of the witnesses, that it is within the past year th<r<ii*covery had betn made that flour slowed in the way complained of, was subject to special damage from iba draining* aud vapor of the sugar; aud that it Is only within tbia period order* have been given Sy *< me cf the bouses in the trade to uhange tha mod* of shipment Mr. Sherwood, in the bousa of ISuydam. Sage & Co., largely engtged in this trad* say* that a great di al of the flour received from Naw OPli an*, prevlou* to the past year, arrlvad la a damaged state?that sinoe ordering It not to be shipped with sugar or oern it arrives in better order It appear* to me, therefore, tbat under the Strang and vary decided' evidence tbat this cargo was atowed as every other cargo of the kind in a general trada, and. of ooursa, well known and understood by the respondent tbat their flour would be thus (hipped unless they gave instructions to the contrary; tbey must be taken aad deemed to have assented to the mode of shipment, and are not now at liberty to set it up as a ground of c >naplaiiit and foundation lor depriving the owner* of their freight. The flour has been shipped aa they muat have supposed It would be shipped, aad as the floor of other* had always been, theretofore, shipped fraai New Olleati* to thi* port, unies* special direotious to tha oontrary. If there was a fault, It was a fault of tha trad* of tbe dealers engaged in it, including ahippera as well as sbip owners surveyors and stevedores in a word, all persons conuected with, or oonoarued in it. Without, therefore, intuiting into an origin or c?a*a of tbe damage, or panicuiar ta-ad under which It would probably fall, were It not attributable to tha stowage cf all articles ol flour aud sugar in juxtapoaltiou But, agreeing that tba principal part of tha damage arose from thi* oause, as it probabably did, upon th* evidence, yet. upon the ground briefly stated, it i-eems to me tbat It oanuot be properly chargeable to the ship, e>en upon the most stringent principle* applicable to common carriers, regard being had to tha weight and foroe ef the evidence concerning the usage in ktowage of the vessel Decree kelosr atttrmsd fluiiohrii Murders TRIAL OF JOIIN HI NN K 'lt TM1 MI KKER OF HIS WIP*, A>N lil'NN, ON 'IIIK 18fH UK JULY, 1SI9, AT HoBOKIN, NEW IkloKY. Tb* jury, after silting In consultation from about o'clock yesteiday uiortiin); until half pant 11 thin onrtlug. at length returned ? verdlot of guilty of mufder in tha second d< gree Tbe Court then sentenced the pnsoiier to iuipiisouaient and bard labor for the spaae of 20 jrarn. which it the severest penalty the la* inflicts upon those who are found guilty of inurdar it tbe second degree. I'he prisoner was than taken into custody. and tb* oourt adjourned Duistcatlc Mleuellan jr. The Governors of tieorgia, reuuassee, and Delaware, have appointed tb* 2i?th inat as a day of than kegi rag in their respective SUtm. lioTcrnnr Wood, of Taxaa, baa appointed the drat Tbumday in Deeembar as ?|4?ylof general thanksgiving. There are sixteen millaat Oswego, N. Y., capable*' making fe 006 bl>ls vf flour per day In 1848 the Mill* of that eity turned out bbls. of flour. The Grand Matter of tbe order of Orangemea la Canada bas. in a public manifesto, repudiated the idea of annexation to tba I'nited Slates, preferlug a moaareby to a republic 1 pwards of 4 000 hogi had been packed at Chieage III., up to tbe IVstlnst. A great peace meeting was bald at Tremont Temple lioatoa. o? tlie '.lid Ikot A cotton manufacturing company Is about to be establisked at Now Orleans, wltb a capital of 9200.000, Tbe number of post ofllcas In tba United states on tbe 1st . was 17,164 4 barles A. Snyder was shot dead, In Philadelphia, on tb* 23d Inst, by a gang of rowdies A law Is now in operation at St I.ouls. Mo . by whiob all produce from other States is taxed $4 60 on every $1,000 worth sold. Re? James W Alexander. I) D. was installed In the Professorship of Keclealasttcel History and I hurcb <loverrment ot tbe '1 heoiogtcal Seminary at Prineetoa, N. J., on tbe 2Mb Inst. Tb* seat of government of Louisiana will b* removed to baton Itouge on tba first day ot December. 1 be annual Commencement of the Oglethorpe (On) I'nirersity took place on tb* lltk Inst Tl e Legl-lature of Texas assembled at Austin oa tb* 6th Inst A stage. containing nine persons, fell o?er a prealplo* n?ar iittsburgh on ibe lltb ia?t , a distance of (* hundred teet. Two persona *ere seriously Injured Alexander ( Mluipeon, a natiee of tble alty. was pal* sontd by his wife et heyettsville, N.C'.,ou tiieHthlnst The murderess escaped 'I be I'reeident has officially reeognlsed Manual Arm>ndari as Consul to New Mexico from tbe republln of Mexico. Sugar has l>een made recently. In Claris county, Alabama end It ie egpec'ed that the cultivation of t|?* sugar cane will be carried on to a considerable extent la that ee<t|( n 1 he (ioeernnr of ' onnecticut yesterday preee ate4 ( ol. Hejm> ur of that State a handsome sword, in behalf ot ibs Legislature, for bis service* In tbe lata war with Mexico 'I he auniearsary of tbe Philadelphia Hlbl Society was held on the 20th Instant The annual receipt* fur the pa?t year was WTiif 4V Number of foinmst distributed. 10030 hlbles and 9 340 testaments Whole number of volumes distributed since the society's organisation 2V.T47 bibles, and 30,244 testaments. The mountain In tbe vlciuitv of i'niontowu Kayette county, I'a . was on Bra on the Mh 'nstent, and tbe Pam* S appeared to extend for fifteen miles A railroad meeting was held at Independence, Me , ? sl- kik ?*><t ?Mf,lutlnna isiorshu ta tka oti?tructl< d of a rr.*d to tha Paotflr adnpt?d '1 h? b'-okntora of Iifibjr k I o , III Innnnati. *?a <J?ilrcjri by fir* on tha nigbt of lb* lfith lout^ >20 000. IVnry I r*ar and William Wall ??n ?fr?<t?d near llargm flint >aw Jrff a faw 'lays ?Idh? nh?rga4 with t??lm? ix?i worth <>f Iron. part of whioh ?a* f> ur.d in thxir ^omwuki Th?y had a plrog ua aad haiUd from Naw > ork I ba ?ill?tc of ab'boygan, Mich , now contain* 3 MS IlktMttlU Another arid aprlug h?? b-an fnand In Oaaoaaa counly N. V Tha fluid in parfrai ly hia<-k. Tba > hair uaad by th? Praaidant of tha Mamphla (Taan ) Haiiroad < onaantion ?< tha ?aina on ahiak John Hancock *at wbaa ba atgnad tha Uaclaratioa a( lld?prt4>*M 1 ba tnlnara at Pr.ttayllla, Pa., ba*a app?tiaU4 ?na at tbalr niinibar ta ?Ht Washington to ronf?r with tha flacratary of tba Tr<aanry upon aa InaiaaM of tha parifle duty ob ec?l to fl per toa I ha praaant raula 70 rant* p*r ton. A raluabia gold mlna haj b< an dlaeoyarad aaar Martinaillla. la Jamaa Anplagata waa nurdarad at Cranbarry V I., on tha Ittb iaat . by Wat. Patty. Tba mordarar aacapad Anothar telegraph Irtia It abiut to ba cnn?traata4 (ram M?>aa? to l'roy Tba I're-b* tartan ftyand of Virginia bar* app 4ata4 tba wth iaat aa a day of tbaakagiflng. Ad Iron Manufaatarara' Caayaatlon i? bow la aaaaiim at Pittaburgk Pa. i-. U.W.nrk iml Do- little with iheir ?!? ?, aallail far tha ^ Ml India* from 8 oat on, a* Viaatoaaria*, "O th* Vint ln?t A daal nut* nam<d Kalli MnOianai, baa baan arrMt. <| at llnffalo. for ratting fir# to a h >n?a. T*ant| thtaa rwa* ot violation of '4? u???m law ??rr aattlad at th* Municipal I'ourt la boat >o daring f>et<l?r aad ta.-ntj ait cn*a* during tba pra?aa? moDtb tha flora and ?Nti of which iannt>tl to g^waidi of VI CoO Kiar no Vruii Hon Lou* or Lira at Panrmaara, H I ? W# bar* tbla day to word ? a? t?f tba m'>?t dlatrrolag flraa. aa to tta e<>B?a<iuanoaa. that haa arar tak?n y%ea la thla elty Tba a um wa< (itia ab >i( tbr?a o clock tbla morning by th? Manor a<aandlag If? tba manalon of Mra A ii.? lankma which la ? rbart iIkc >n a baap of Manning rnlna ?lfb ail ita raluahlr eoatanta. Including hu:**n Hra# Tba or 1*1 a of i ha flra la traoad to a furaaoe la fba "aliar f <r waralag tba building and tba tfncina wrra flr?t **-a br- a*>ag out at tba rwutbaaat ti>-nar Tba ma'roa a* t bar family awoka fti>m tbalr rapoaa to a acana at 4l<mar, oma ot th?m to a?capa lM?lk ,h* wildaat pvru*. aU < ihar? tn n*at d*atb a lla aioat appall 104 abapa la tba hatgbt of tba lira Ibraa ?-rraaH aar^-^a ? w?il log h| a lightning rati V>4 tbraa aorn I a mat fa ?>a4 lba??al?a* hj a>ann* <>f a ladd#r Tfca yonn?a*t m-a ianhiaa want oat on tba roof of tba oaa !>*; wlig ?f tba b< oaa tolling bar motbar ? hand and atappad a to tna la?*d?r ahiob bad ba?? plnc?d tbara. aa4 4a> aaanrfad and wa? ?ar?d ^h- ran* I haada witb bar mot bar at tba li>| of tba laddar hat tba Uttar fall baak, -nlf'ra'Hl l>7 tha im??a and lptrad Hat tn?rlaagb tar ?- not -a> n and a?< pr bar>|y mff >nat?4 by tba mofea In h?r room Thaa?athad r?a?ia?nf twa b jn an batagt bara btaa fntiad amoag tba maaaldartag a har? tb? of v<r? lantloa ? I >?at aldaat daiaf btag a- /Yat'iawe* (11/ ? TVmic'fpf, Af** *>

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