Newspaper of The New York Herald, March 24, 1856, Page 1

Newspaper of The New York Herald dated March 24, 1856 Page 1
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THE NEW YORK HERALD. ?WHOLE NO. 7147. MORNING EDITION-MONDAY, MARCH 24, 1856. PRICE TWO CENTS. ' " ' ? Til CHIEF OP POLICE. 0eclclon of tlie Commissioners of Police In the Cut or George W. IbtielMFhe Com plaint agalut the OlUef 1Mb missed. ?prnriOH of bom. jambs u. smith, jr., recorder. Ob the 18th day of December last, Theodore Stuyve ?ent. Esq., nude en affidavit, in which he stated, upon Information and belief, that George W. Matsell, the Chief Of Police, ?u en alien born, and a (abject of the Queen of Great Britain, and that the aaid Matsell has not taken any measures to entitle bin to oitizsnship. Upon this affidavit, a charge was preferred against Mr. Matsell of non-eitlzeasbip. The specifications under this charge Ore in the following language:? That Geoige W. Mattel!, the acting Chief of Police of the city of New York, is an al'en born. That he ia a subject of the Queen of England. That he baa taken no step* whatever to become a citi zen of the United States, by means whereof this depo nent charges that the raid George W. Matsell in executing the functions of the Chief cf Police, is guilty of conduct ua besoming a policeman, and shouid therefore be removed from his position. The answer to the charge and specifications is, "Not .guilty." The case has been tedious, and protracted, from numerous causes, to an unusual length, and has been prosecuted with a pertinacity and abilnv rarely exceeded in any court. There is a great mass of testimony, to obtain which required considerable industry and indefa tigable perseverance, such as is rarely presented in liti gation. Like all eases of a partisan character, it has en gendered bitter feelings; been canvassed and discussed -with great acrimony on both Bided ; and the Commission ers are well aware that whatever decision tbey make in the matter will certainly foil to meet with general ap proval. Their duty, however, is a p'ain one ? tbey have only to look at the evidence, and appiy to the evHenee the law as they understand it, and batted upon that, pro nounce their decision. The Commissioners deeming the care one ot importance, fend It being exceedingly novel in its coaractsr, have given to it careful attention, and it is to regretted that we are not unanimous in all our views upon the questions involved. Upon the question as to the birthplace of the respond ent there is a conflict of testimony. Several reputable Witnesses testify that the parents of the respondent fre quently stated that their son George was bora in this country. There is sufficient evidence upon this point to justi'y me in coming to the conclusion, that whatever the fact may be upon that point, the respondent had reason to belitye that this c untiy was tne place of hfs birth. But the question is unimportant, as the deoUion zests entirely npon another point. I aha 1 not, therefore, go into an analyzation of the testimony of the respondent's birthplace. Another question Is, has the respondent taken any Baeasuies to entitle him* to the rights of ci izenship ? Upon this pcint no evidence is offered. Tne only remain ing questions to be considered are, was tne res indent's tath er ever naturalized; and if so, did his naturalization entitle his infant children to the rights of citizenship on their arriving at their majority ? By the act of Congress passed in 1802, the provisions of which were operative in 1827, an alien, before he could become naturalised, Was required to oeulare, upon oath or affirmation, before some court having common law jurii diction, three years at least before hi* admission to citizenship, his intention to become a citizen, &c. Tbe first section of the act ot 1802 declares "that the Court admitting such alien {shall be satisfied that he has re sided within the United States five years, &c." Bat ths manter in whioh the Court shall be satisfied is not pointed out. But the section excludes the oath of the applicant as testimony to prove the residence. The se cond section of the act of 1802 requires, in addition to the declaration, &c., that all aliens who arrive in the United States after the passage of tbe act (1802) shall, in order to become citizens of the United dtatee, make registry In. end obtain certificates from, some court of record, and that suoh report shall contain the name, birthplase, age, nfclkn and allegiance of such alien, together with the Country from which they migrated, and tie place of their Intenced settlement. It requires the names of children un derage to be reported by tbeir paren s or guardians, and tbe clerk is required to record the report in his office. The act ot 1810 requires the applicant for citizenship to exhibit to the Court, at tbe time of hW application, a cer tificate of teport and registry required by the act of 1802, and the certificate of the declaration of intention on ap plication for citizenship, by aliens arriving after the 18 ih o( June, 1812, and requires the reooid to contain them at length, without which the applioant is qot entitled to citizenship. This section was not repealed until May. 1828, after the time respondent alleges bis father bad perfected his naturalization. The evidence introduced hy the respondent to sastain this allegation, that hts father was naturalized, confists of a report, by wnich It appears that "George Matsell reported himself in Mayor's Court office 2d March, 1819." Tbe declaration of intention to become a citizen. This declaration was made in the Marine Court on the 12th day of May, 1826. The affidavit of Susan Matsell as to residence, 4c., taken in the Marine Court, on the 16 th day of May, 1827. Ihe recla ration ot George Matsell to support the con stitution, and renunciation of allegiance to Great B-i tain, eworn to in the Marine Court, on the 16th day of May, 1827. The respondent claims that these papers show that the preliminary step* for the naturalization of his father were taken, and claims that the record required by the act of Congress under the law of 1802, as amended by tbe law ot 1816 and 1834, was made and duly recorded in vol. 6 of tbe naturalized u reccrds of the Matine Court, on pate 174. This record is not produced. but in re'a dom to it the following extraordinary facts appeared In wol. 3 ot naturalization records, npon the page which con tains tbe oath of Susan Matsell, and the o*{}i and renun ciation of allegiance of George VfaWii, there is a re ference in these words; " Recorded vol. 6, naturaliza tion record, p. 174." Upon reference to page 174 in vol. ft, it app?ars that a leaf has been taken out. The whole book upon inspec 'Jon is pe.fect, except the loss of tnat leaf. The second on page 173, end al*o the one on page 176, apnear to be perfect records in compliance with the act of 1802 as amended in 1816 and 1824. In the index to volume 6 Is the name of " Matseff George M., p. 174. " "Ttas name Matseff has evidently been altered from Mat sell, sad the M is writ'en in paie ink and wl'h a different pen. Over the figures 174 a blot with ink has been mide, evidently, from tbe appearance, by design. TOat the re cords have been mutilated anil a gross and fearful fraud perpetrated by scire person, is too palpable to admit of any doubt. There is no evidence to show who perpe trated this fraud. If the record was a perfect record, it was the interest of tbe respondent to preserve it. If an Imperfect one, to destroy it. On the other hand, it is claimed (bat the violence and extraordinary conduct of the principal actcr in the prosecution, the unparalleled n al he has diap'ayed, his singular conduct And exhibi tions, the feeliogs ho has exhibited, the labor, bttfgne nnd untiring industry he has mani ested iu the prosecalon n wwriebly point to him or his agency in the destruction Bf ths record. That without its destruction all his labor won'.d have been of t<o avail. With this state of facts be Sure us, we have to decide upon those rules of evidence which the fxperienee and wisdom of ages have sanc tioned, as being at lea it the safest glides to ltad us out of the Isbyrintn in which the power of gome persons has placed us. Wha'. are Ihe presumptions under such a state of foots? There has indisputably been the destruc tion of a record ? a record which is pointed out by a re ference in the book containing tho last act requisite to entitle the party to the rights of citizenship. The other TCiords in that book being i>erfect records, would it not be a fsir presumption to arrive at, that the clerk had mate tie proper* record? Were there any obstacles In the way ef accomplishing it? Was it an act of sufficient im pcrtance to require the applicant to U> careful in ta&ing all the necessary steps to perfect his citizenship? The Isw stqulred certain acts to be done by the applicant, certain paperi to be presented. Is it not the legal pre sumption that the Court acted in the premises according to tbe requirements of the statute? If so. does not the pre emption follow that the record was a perfect reoord? Or are we called upon to presume that one record out of the iQntire volume was the only imperfect record? If the fair 'legal presomption is in fav >r of the validity of a public *?coid that has been destroyed without any evidence competing the party in whose favor tbe record waa pre P'jmed to be with Its destruction, we are bound by the well settled rules ot evider.ee to attribute its destruction to au verse parties. We cannot csrtainly presume a patty wonld destroy his own evidence cn matters of great in beiest to himse.t. There was nothing different in this case to be per ft rmtd. Ihe proceedings were familiar to the court -i. The statute pointed cut what the record must contain ?nd the preceding and subsequent records in each ?wlume show that the entries were propnriy made, and in stifct compliance with the statute. If there has been a . ree.MiL tbe prelum p ion of Ii?w Is, that all tlie prcllmmiry .?proceedings tecessary to lay the foundation of the re cud were taken. That the Court would require such j roof to authorize fh-ir acts as the statute required r huu d be furnished; and the pertv attacking tne va l'riitr of the record womld be compelled to lebut that legal presumption by satisfactory Mjof. Such proof in the case has not been famished, and I am therefore of ths opinion the abstracted record was a va'ld record, and that it cnutnel tl? proper evl ?*nse ot the ci lzecehlp cf George Matsell, sbe father of tse rc> ponder. t. I am satisfied up, a !h? oxa ti. nation ef the authorities, ' Mia', the record muM be deeded oanolasive sudor the > S'.d<ac? in this case. the ?.nly retiiainlrg question, theref ire. to be passed ? p<.ti is ? Was the respondent en, I tied to oifcizMiship, by Qj,ei?? n ef law, his lather having been naturalized be " wn the jesre 181 fl ami 1828? ih- case < f Murphy v?. Rice and others, in ths l'hlla . d' Ipbla Court of Common Plean, H in principle identical W Uh this esse. The taiiier of the ptaintttT in that case ean-e to this country in 1818, from Ireland, with his pa rents. At the 'Ime o< his arrival he #as two years of jlge. In 1826 his fa'.ber was duly naturalized . The na lutalfea'ion was ia the Court of Quarter Sessiens in tho county of Philadelphia. At the ?im? of the plaintiff's fat Nil 's aaturaliraiirm iho plaintiff was nine years of age. On suiting at his nsajoii.y, tne question arose as to Whether plaintiff was entitled to vote, he never having , taken any steps to be some uaturallzeit ilie Ooart dooi ded in fsvor of the plaintiff, thereoy declsring his right to ?i'Jzenshlp. The question submitted wss the broad question, "Are Children of parents naturalized under any existing la ? of '.he Untied Slates, who were under tweity-one yoars Ms at the period of the parent's naturalisation, en themselves to tbe privileges el cltitenship?" This question wan submitted to the Hon. Reverdy Johnson, one of the most distinguished Uwjtui of oar oountrv *f *h? Hon. K. H. Marshall, one of the Judge* of fted-' rick County Court, in Maryland; to the Hon. Aaron Van derpool. then one of the Superior Court Judges of the city ofNew York, and to the Eon. Charles P. Daly, one of the Judges ot the New York Coart of Common Plea* Who were unanimous In their opinion that such minor* beoaioe citizens by operation of law. Judge Daly and Mr. Johnson gave written opinions, in which the whole i>ubject in examined and disoussed with great oare and abl.ity, and their reasonings appear to me conclusive upon this point. r Hie suggestion upon the argument that the Marine Court hid do power to naturalize seems to have been a banner eo by the oomplalnant, as the same 4 sen no form a ptlnt in the brief and points presented by hii counsel. I' pen that point I have no doubt the Marine Court has full power. Therefore I have come to the conclusion that he oom plalnant has fal ed to sustain the charge or non- citizen ship, and that the complaint must be and here or is dis missed. ' OPINION OF HON. K. T. CAPBON, CITY JPDOK. As an individual member of the Board of Police Com missioners, I have arrived at the fallowing conclusions in this case:? 1st. The fact of alienage, if clearly established, ii not a subject matter which is within the jurisdic tion of this Board, and, therefore, the Chief oouM not ba rt moved in this forum for that cause, even if he ad rnmad the truth tf the allegation. The atatute requires P0'10*?*11 6hal ci "liens of the United Stares but the ptwer to remove them from office on the irround or alienage is not vested in this Board. 2d. Acceptance of the office by the Chief of Police, wi h knowledge of his alienage, would not be ''conduct un twming an officer or polioeman," within the meaning ot the rules and regulations of thU department. fhU charge, tx vi ttrmini, relates to the oraach of some of toe rules and regulations adopted for the government of no. Pn,?f' an" il m?,t have reference to an act committed after the accused became an officer in the depa -tment or to the negleot ot some prescribe! duty by an officer. ' I am strorgly opposed to grants of power in general teims. Such powers are very liable to be uied an In struments cf oppression, and the victim is too often left ty the grant without the means of appeal from an ad vetse decision upon the facts. Such U the cace before us. The term "conduct unbecoming a polioeman, " is as general and irdeftnite as an idea can be expressed in the English language, and the only methoa by which it can be maoe definite with proper regard to the rights of the accused, is to refer it to some known rule ot the department, and specify a breach thereof as the trrava vm n of the complaint. To violate the known rules of the police department is. urquestKnably "conduct unbecoming a policeman ?' but the charge implies that the accused was an offlsir alien the vio, alien occurred, for th >se rules are oblljta trry oDly cn officers. As the aecep tan se ot offioe by the Chief therefore, without disclosing his a ienage, is no; a violation of any prescribed rule, that act, according to tbe constitution, whica In my opinion, a due regard to the rig its of the accused compels me to give to that aan" '*s no' "oonduot unbecoming a police Upon the ground assumed in thlt view of tbe case, the CI let ib entitled to a dismissal of the ooinpsaint, whether * vi? 'B established by the evidence or is not es tablished. ad. But it acay be said this is a very teohnieal, per haps a too narrow ground ot decision; toat th* interests ot all parties demand, ana that th* public in particular have the right to expect, a aeter ruination of the case upon its general merits. Let us then see how the case stands in that respect. Upon the proof, is the Chief an alien, or a native ? I nma/acte. he is a native citizen. He is on American scil, and is exercising all the rights and immunities of a native born citizen ot the country. Those who would re but this assumption, must establish the fact that the Chief was alien born. He is more than forty years of age, and after that Iap?e of time the proof which a'.rangera can obtain to establish the place of his birth must, almost of necessi ty, be ot that kind called hearsay. Very rarely can other evidence of that tact be produced by otber parties at ier so many vears have passed a way. But what is the evidence in thfs case on that point f I shall not attempt to recite the whole; being on record in the office of the C-mmuu-ionera of Police, it can be examined bj those who have the cuiiosity to peruse it. Mrs. Letitia Mflligan swears that she Is a native of Ei gland, and lived In Brandon, Suffolk county, in the year 1809; that .she knew the Matfell family well, in the 0 Brmndtn; "he resided within forty rods if the'x house: and she aames all the children of the familv but one. George, the Cnief, she ?ays, was about six } ears or age when Ihe femily emigrated io ,n the year 1817. Thi* witness testifies that "she saw () eorge w lien a baby, and that" nis sister Mary used to nurse him. * It mus i be remarked that this witness gave her evi ence intelligently, and staled mnv circumstances res peeling Brandon and the Mataeil family which corre spond with the atatements of other witnesMes whom she rcrer faw, and wih whom there is no proof that she ever had any previous acquaintance. True, she tes tifies that she heard o!d Mr. Ma sell say in Brandon ibat he haa Uen to America, and had be?n to New York ? but no reasonable inference can be draw a from this state' rrent that George might have been born in Amerioa, dur ing that visit ot the father, as it is not proved that the mi ther accompanied her husband Unless tliis witness has committed wilful perjury her testimony rebuts effectually the presumption of bi ri a in t is country, arising from the last of residence, lor it cannot be plausibly alleged that she may have testified under mistake; she stated too many circumstances tead i g-o show tbat ehe tells either the truth or an inten ucnal falsehood. What appeared in her manner while cm the stands to cast suspicion upon her motive* t Did she cot sustain a most searching crosa examination, with sin gular consistency of statement in all parts ot her at jry f In collateral wrpbora ion of Mr* MiUtean tftere are tj.6 witnesses Mrs. Kerrin, Mrs. Baker, Henry C. Atwoad, Miss Aon Koe, Mrs. Elisabeth Sherlock, Tnomaa Baker * illiam Baker and Mr. Samuel Smith. These witnesses testify to either an acquaintance with the Chief during passage of the Matseli family in the ship Pert Bun froa Krg'and to America. In the year 1817, the acknowledged time when the family emigrated, or to an acquaintance and association with him in this country during his boy hood. Several of thess witnesses state tbat the time of tbeir acquaintance w;th the Chief, and bis age at that t me, and thote two dates, if tbe testimony Is credible iSLder the allegation of his alienage a moral certainty it the family emigrated in 1817. K the affidavit of Ann B. Cudlipp is recelvefl, it fur nishes another item of positive proof that tbe Chief was !w e landed in America, hhe swears that she was a passenger in the Perceus with the Ma - oeilt, and that she positively remembers George, who was reven cr eight year a old at that time. I omit to dwell upon the proof of declarations made in Rrmer years, by the parents of the Chief, corroborative ot tbls conclusion, and di? not find it absolutely necsssary t ? invoke the aid of the vtnorabls and celebrated "Braa c.cn record." Respecting the eriienoe atf 'rael by that rtco:d, 1 will, however, remark that the entry, "Bap tlwm ^ 1811, Ceorge, son of George Matteil, and Hizabeth, bis wife, was bnpticed privately October 10th and received|i;ec. 26th," it evidently desr.-ip .ivs of tbe f?ae family that is mentlont^d by tbe other witaesees. ana the time of the baptism corresponds witn the agi of the Chief, as given in their testimony. Ihe rebutting hearsay evUenc* put In by the Caief to this point, consists of declarations of his family, made witblp a few year* pa?t, and it has failed to make an im pieseion on my mind in his favor. The omission to pro du:e his sist?rii, residing in tbe vicinity ef this ci'y ex cites a strong suspicion that, if produced, they oould not ?wear that their brother was born in this country. They are much older than himself, and may well be supposed to Know positively of the place of his birth. The com plainant made ear ue* t and repeated efforts to procure tbe attenoance of <hose sisters as witnesses, but was foiled in a manner indicating their hostility at least to tbat aide of the controversy. Feeling bound to yield to the conclusion foreed upon me by a fair and fuil consideration of tbe evidence on th* question of birth, 1 must decide ttiat the Chief was born a subject of (ireat Britain. v 4 ..Ch,rf h"TlD? born an alien, wan he lawfully naturalized before bis appointment to officer He does not claim naturalization on hia own ai/piioatfon. His position on thU question is thtt hi* fa ther became a naturalized citizen of the United States in t?eyear 1827, and fbst in the parent, the ohlldren, mi nors at that time, ri wumn he is one, ware also natural ized by operation of law. Tbe correctness of this dedue'ion depends on the nues tlLna: ^ 1st. Whether the parent was in fact and in law natur alised. 2d. If the parent was legally naturalized, whether such naturalisation Inuren to the Chief under tbe natural!** Ur u laws in force ia 1827. UponJ the second point but little neea be here said. The police commiaal in Is but ao inferior tribunal, and t* determinations affect parties subject to its juWsdic tion only lo their official character. Its decision* ar* not authority for anv other purpose than the regulations of the police, nor in any other relation which the ao onaed may sustain to tbe pubH*, Man ttiat of a police man. The statute ereating the commission wrsacr'bs* no mode ot prooeedlng, nor does It refer te any rule of law or (A tvidt noe by which it shall be governed. Alt the rales tlieiafare, of the e nmou la*, and the statutes of t{ 2? *Utm< wWsi? in irroe Id Uis gtfie coDHtltule tbe law of this court. In other woi (?*, r#> the trial of coo plaints by this board, th* p?me rules of law at>4 evldeoe* are conauited ami observed that pertain 1* other courts. We are not pe.-rtttai to *on ? true the law aoaordiog to our notions of rigtit, merely becanse the act ores '.log our powers does not prescribe the rule of our official action. Upon these principle*, the question whether the minor child of a parent natural. I*'*d after the passage oi the act of 1802, tho ?gh such minor chiln he born cut of the United Htaees, 1 1 dwelliag wl'hln the United ntaU's at the time of the naturalization ot the parent, beeotncs, by force of that statute, a cltlam Is m> far settled, at least in this State, as to conclude this UtbuaL Ttis qnestien is expressly adjudioated ift the aflrma live b> ')?? ( lianceilor, in West vs. West, 8th pace 4.13. Able :?wj*r*, however, stoutly deny tbe souudness of U.is< I'tiiot,, and lnslit that th* act of 1802 I' out retros pective li it? operation, affocting only the minor ehl <lren vi pareuu no had been natnrallzeu at the time of tb* peereoe of that ac' ; but to be consistent, we mint ** the decision l* obligatory onus, and thai th? t hiet was naturalized through his parents in 1827, if the was legally naturalized. To return to our Brat question, wm the r?ther o( the Chief duly naturalized? In the(consK ^r*tion of this question we muit consider, firet, the reooru **W?nce of the alleged tacts; and second, tbe ooort of whici. that vndeno* is ? record. Firstly? Three l tanujwnpt volumes are produced, numbered 3, 5 and 7. ? 0l- 3 roontains the proof of cha meter ot George Matse. S verified Hay 1, 1827, bj Susan Matsell, and also the otU< ot allegianoe made by George on the nice (Jay. .'ia tbe margin of page 189, in this volume, are endorsed U.'*' words, "Reocriled, 6 voL naturalization record, page 17 *?" Vol 7 is tbe reports of alienee "*? *nd on page 362 is contained George Matsell's dea^rntion ot intention, dated May 12, 1826. His report, *? required by tbe na'nraiizatirn laws, is on the opposite page, under date of Maich 2, 1819. Vol. 6 is the book of formal records ot* naturalization Tbl" is the bock td which reference is mau? in roi. 8, as before stated. Page 174, mentioned in that note ot refe rence, is gone, and it i* evident that the missing leaf ha* heen cut out. 'lhis book contains an index reference to ad tbe records t-m braced within lc, and among the names ii that of George Matoell, distinctly visible, although the last two letters of the sir name, hare, by desoen&ing Mr kta been very bunglingly converted into the letters "F." and the letter ' M," as the initial to represent some in: dole name, ban been added. The number of tbe page is 174, out an ink blot has been pat upon It, and an at tempt has been mace to obliterate the figures by drawing Irk marks over them. The lower parts of the altered letters, tbe capital M, and the blots on the figures, are evidently made wi' h the same ink, and have tne visible rvtaence of much less sge,than the original entry. Tbe dates on tbe pages 178 and 176 in volume 6th, are res pectively May 16th and 16th, 18z7. It will be remember to that Mattel's proof of character and oath of allegi f rice were made and filed on the 16th day of May, 18z7, and that the reference contained on the margin of the rave m which these proceedings appears refers to page 74 In vol. 6, which is the missing page. From this ar ray of tacts the inference is irresistible to mr mind that page 174 contained the record of George Mat sell's naturalization, accorcing to the reference to the H*me page in tbe index. Mat sell could have had no mo tive which would lead him to destroy that record; but be had the strongest of ail possible motives to preserve it en ire. His right to bold real estate, his eligibility to office, and his light of suffrage, depended on the tact or his naturalization, and of which tbe record is permanent proof. If the proceedings of Matsell toootaln naturaliza tion bad involved #ny criminal act, he might have had the mctive to obliterate evidence of his guilt; but in that ewe he would not have been satisfied with tne mere des truction of the record, for that is only a clerical work. He would with much more propriety, if such had been hi* object, have destroyed his ojth of allegiance, prootof character, or his report. Yet these are the only papers w tilth remain entire. I think the proof on this subject justifies the conclusion that the record of naturalization existed, and the presumption ot law is, that it contained all tne averments necessary to form a perfect record. 11 the record bad appeared, and had not shown that all the legal pretequisitea had been taken by the appli cant, etJU the formal judgment of naturalization would in tbis case have been conclusive, and the naturalization would have been held perfect, (7 Cranch 4-0?13 Wend., 624?4 Peters, 406;) even the oath of na turalization alone, confers the rights of oitizenshlp, and no Ot-cer of the Court or formal reoord is necessary. In such case, all ptior proceedings and steps which the law requlrts to be done in order to perfect the naturalization will be presumed by the Court to have been done and to bave been regular. (6 Cranch, 176; 1 Sell en, 266.) Tbe legal inference is that Susan Matsell, who testified to tbe cha ranter of George Matsell, was a competent witiess. That name therefore, appearing in the record, is not proof that the witness was an alien, nor if she had b?en, do I believe that the proof would have been on that ground insufficient Proceedings under the naturalization laws are ts be liberally construed, and every reasouabie intendment should be made in their support. (16 Weodall. 626.) Upon the principles contained in the authorities cited, I am clear in my conviction that George Matsell was legally naturalized, if tbe Court in which the proceedings were instituted was such a court as is contemplated by section 3 of the naturalization act of 1802, or if the na turalization law be sustained upon any other grounds which tbe courts invoke to uphold the rights ef parties. Secondly. Is the present Marine Court, formerly the Major's Court, of this city, a court of record within the meaning of section thr?e of the act of 1802? The ?igniliaation ot the term "District Court," used in the first section of the act, is defined in the amendment embraced in the third seoticn, as tbe act now stands. The Stale Court, in which proceedings in naturalizations may be Instituted, must, as defined in that section, be li me court of record, having a clerk and a seal, aul common law jurisdiction; a court from whose judgment* wi its of errors would lie at common law, to a superior coir, men law-court. The term "common law. jurisdic tion" Includes not only the power to entertain common law actions, but to proceed with there actions, according to ihe course of the common law. If the court have no both requisites, it is in no proper saose a oourt having oommon law jurisdiction. Hie act of 1802 is satisfied aith nothing lass. This oeurse required toe oourt to kfep a record or roll of its proceedings, which, on being i ea'ed, proved itself: it could make rules for its own regu lation and that of its suitors; and it issued common law prooese. ( Jacob's Law Dictionary title, ''Courts," and authority theie cited.) The Marine Court, originally the llayor'b Court, ot this city, is specially empowered to try tertain common law actions; it has a clerk, and for merly had a eeal, but thofe characteristics have always constituted the extent of its jurisdiction to a common law court. It never proceeded, ac cording to tbe oourse of the com in in law? writs o erior would never lie upon its judirmouts, and it ha* always tetn destitute of many other powers incident to courts of common law jurisdiction. The statute oreattng tills cour*. declares it to be a court ol reoord, but the Superior Courts have often decided mat it was such only foi certain purposes. (6 Mill 692; Sanford, 299, 12: Wendall, 220, particularly, 28 Wend., 376.) Woat those purposes are has never, to my reoolleotion, been judi ciously explained, nor has it ever vet been held in this State thai tbe Mayor's or Marine Court is a court ot re ectCB, for the purpose of entertaining jurisdiction in cafes of naturalization, although that idea has been sug gested, in an obiter remark maoe by Mr. Justice Bronson, in the 6omewhat analagous case of Wheaton and Doolittle vs. Fellows, 23 Wend., b76. Mr. Justice Shaw also, in ft Met call's Mass. Rep., 168, has decided that the Police Court of Lowell is a oourt of record, having power to au thorize pi octedinga in natnraUzatlm, under the general statute ot 1802. 1 do not know the particular character it tics of the Lowell Police Court, but! bave been Informed tkat none of tfie State Courts of Massachusetts are I courts of tmielj common law jurisdiction. That tact may turn it- n a sufficient Mason, ir6m necessity in that Mate, for the decision of Judg? Sliaw, as, had he held other wite, aliens oould not becomtf ?amij>liwl in her courts. On the whole, I have little hemst'oft i& d* cJaiing that upon principle the Mayor's orvlarine CVurt of this city had not power to h ild cfgnftmcj of proceedings in naturalization when the CaiLer .of the Chief was naturalized, because that court was "not a common law court within the meaning of tbe act of 1802. But at this late day in the history of this Kuhjeit I other considerations thouid prevail, at lea.t in ihis court. Many thousands of aliens have been naturalized in U. Depentlrg upon the validity of those proceeding1), they lave exercised for many years all the rights ot citizen ship; they bave held, and thousands aie now holding, Ilice; tbey bave acquired real estate, and have con veyed it t? others, or have transmitted it by ?'eath to their heirs. In view of these tacts, incalculable srvils would nicest arily result from the detaroulnition of the ftijerior courts of this State that such nituralizetitms are void. Although our cedsion can affect the Chief on'y in his title to this office, assu mirg that we have jurtsoic'ion to oust him for the ctuss of anensge, yet he should be judged by the same stand ard heie that, as we must presume, he would be judged by in thofe tribunals ohose decisions ate authoritative tor all purposes. I believe that those oourts would up bold tbe naturalizations of the Mayor's or Marine Court, opon the tact of the long acquiescence of the publlo in their supposed validity, amounting to an implied agree ment to tegaid them as lawful anil regular, and the dls ustrou* consequences which would inevitably flow from the contrary decision. The principle, "communis error, , i Mil jtu, " though not favwred, may be applied with great propriety to this class of cases. "The law so fa vors the public good, that it will in some cases permit common error to pass for right." This prosecution Is in ihe behalf of the public, and the Chief may well plead In his defenoe tbe long and uniform practice of the put> lia's ceurt of justice. On that pita tbe proseoutlon ought to be stopped. The public good will be promoted by allowing the bar to prevail, upon the whole case, therefore, made by this protracted and teolous investigation, I have come to the following conclusions : ? 1st. That George W. Matsell was hern an alien, subject of Great Britain. ~d. That his lather. George Matsell was duly natural ized in tbe Marine Court, ot the ctty of Mew York, on the 16th day of May, 1827.

3<i. That George W. Matsell, at the time of his father's naturalization, resided in the United States, was a minor, resident in the United States, and, therefore, became a oi izen by sach naturalization at that time. 4th. That thespeciflcat(on?on which he has been tried, is not substantiated. The complaint is aeoordiagly dismissed. K. S, CAPBOM. OPINION OP MAYOR WOOD. Major's Until, March 22, 1866. Although differing with the Recorder and the City Judge in some of their premises and oonoluMons presented in their written opinions in this oase, I concnr in their final determination tbat the charge of alienage against ihe Chief of 1 olico has not been sustained and should be dlnntseed. F1RMANDO WOOD, Mayor. Peaoul Iite^gtM*. Tbe late legislature of the State of Texas has passed a law giving to Mrs. Elisabeth Crockett a league of land. fh%l? the widow of tbe respected and lamented David Crockett, who, after serving his oountry heneetly and fsitbfully in Congress and other places of trust, was butchered at the Alamo, nobly fighting for the freedom nf Texas. The tremdm Hlait of Vienna states, on the authority of ils Constantinople correspondent, that the appeal ance of tbe Sultan at the balls of the English and Fienoh emhes klee was but preliminary te more extended visits. He jr tends paying his respects in person to his illustrious allies In Vienna, Paris and London, to thank them for tbe generous and olsintereeted aid rendered him within tbe last three years. The arrangements for the journey ate secretly made. A flotilla of three rurklsh steam fri gate* and eix steamers of tbe allied fleets will accompany MM Majesty to Marseilles, from whence he will proceed t. T' mi>. %rd from thence to Paris and London. He will t? ti.i- to Constantinople vta Vienna and the Dannbian I ciitifs. His suite will consist of Admiral Achmet i t > tie Mushier Ismael l'acha, and ten other dignita tis v k* taiffeti OmMflcuul MmM 1m II in ? ewoaeklag fMtlm of the AmHmi DnrniHe Kund Association promaes to be brilliant. On the 10th of April the Association will be eight jmn of ags.aod the ?Tent will 1m otbbnM by a (Honor It tki Motrnpolllaii Hotel, whoa Mr. Jamet T. Brad/, the now President, will fill the chair. We an told that the dtn'ng hall will bo decorated by Mr. Heieter and other artists who belong to the association; that the Lelanda will get up a splendid dinner (there's no doobt about that), and that Mwm?. Ogden Hoffman, John Van Buren and T. K. Meagher will speak; that La Orange, Badiall, Rorere and VerUpntoh wiU attaint In the musical department, aad that there will I be a glorious glee party, superintended by Mr. Charles Waloot? all for five dollars, wine Ineluded, and the privi lege of introducing one lady to devour Charlotte of Hue hla and hear the great gone go off. The Fund, as an institution, flourishes. It is growing riah, and now pays oat to ill and decayed actors about three thouiaad dollars per ana&m. We hope the dinner will he both profitable and suocesstul in every way. It b*s been our duty, heretofore, to announce the compi lative failure of the festivals of this association, on account of the mutual admiration system of their ma nagement. We trust that the present officers of the as sociation are aware of the Ml that there are other peo ple in the world ae well as themselves. The business at the city Ihealiee faring the past week has been lair. The eity is full of strangers, and for the next month the theatres ought to make money. Tbe On?i ? Only one performance was given last week ? that of the "Troretore," on Moaday, fer the dUml of Miis 1'hillipH, who needs much More study and prac tice before she be our prima donna contrako. Everybody at ihe Acccemy has been busy with the preparations for the production of Arditi's new opera "La Spla," the se cond American opera produoed in the United States. Ailegti ha* painted several new scenes? all the dresses will be new, and the manager? Mr. W. H. Paine ? has taken a groat deal of pains with the mtembU. The opera illustrates one of the most interesting stories of the revolution, and for once Young New Yoik can be patriotic without forfeiting Its claim on tbe fashionable world. 'Lai Spla" for the first time to-night; La Orange, Het xler, Brlgnoli and Morelli in the cast; Arditi will cuu duct. Oo. At the Bboaowat Theatric, the equestrian spectacles, ''Timour, the Tartar" and the "Cataract of the Ganges," h*ve drawn well during the week. The drama called "Alaseppa," founded on Byron's poem, is to be produced tc-iiight, along with thenewfaroe, " That Blessed Baby," which is the best thing of tbe season, in ita way. "Ma ieppa'-? has never been done here, and. it will be brought out in the best style. Mr. Keller's oompany, which we ireniioned on Saturday, will piobably apppear next week. Tbe New Orleans papers say they are inimitable. At 1-AcaA Knn'B V-ABUfriBS, "Camilla" has made agreat hit, and will have a long run. Miss Keene's acting in tbe principal part is universally commenced. The working np of the third act is very fine, excepting that Mr. Chandler Is nothing like a Parisian fop, waich the Ccunt de Oirsy was supposed to be. He acts too rough ly , and dresses like a bourgeois. The elegant Dam aux CameUat, whose exquisite taste was tho envy of all Paris, would not patronize that sort of person. "Catnille" and "Novelty," which is ever new, are apuounced for this evening. Mr. Wallace will call together a great crowd, at his beautiful theatre, this evening, when be will make his first appearance this season, and will play Beaedtck, In "Much Ado About Nothing." The announcement alone is sufficient to crowd the house. Mrs. Hoey plays Bea trice, for the first time, and Mr. Brougham is the Dog bony. At Boston 'a, Mr. Gayler's comedy, "Taking the Ctsiioeit," has crowded the house every night sinse WtdntcOey. It will be acted this evening and to ruonow, when it will be withdrawn, as Mr. McVlcker goes to play some engagements in the Western altlss. "Fortunlo," and "l'hat B leased Bah/" i will also be given this evening. No one should loss the opportunity to see the new comedy. Mr. MoVicser's j benefit to morrow night. At the Bhoakway Vabiktihs, the juvenile comedians no drawing crowds. "Black Eyed Susan" and the "I.>an ol a Lover" this evening. At Nhilo's Gardw, to-night, the new ballei, "Figaro," aid the ' Green Monster," with the Ravels. At Wood'8 Mwstrim, 444 Broadway, the colored ' Kobert Macaire" and a good conceit programme for this evening. The Bvcklkt Mikstrelb have gone to Boston, and open at the Howard Athenanim this evening. The Bowkuy Xukatrk is announced to open this even leg, under the management of Robert Jones. Mr. and Mrs. J. J. prior are the leading artists. Brooklyn ? The first annual benefit of the Young Men's Dramatic Association took place at the Brooklyn Muteum last Monday evening, to a large and fashionable audience. The first piece, the fuce of ?< Box and Cox," was well sustained by Messrs. Duncair, Maud and Miss Jajnes. The next piece was Tom Taylor's beautiful comedy of "BtlllWa'eis Run Deep," which went off ad mirably. Tbe whole eoncluded with the popular bur lee que of "Bembastes Furloeo." The Thespian Dramatis Asso ciation give a performance at the Museum this evening. Mr. and Mrs. Florknci arrived in town last week, and, it is said, will sail for Europe In tbe Persia, April 2. Mr. A. Wi * ei.no, of tbe Broadway theatre, will accompiny them. I'bhadklphia.? A lady of the name of Rash acado her firnt appearand) at the Walnut on Monday, and, as usual played Julia, In the " Hunchback." It does not appear that she was very successful. Boston.? Mrs. John Wood had a great benefit at the Boston theatre Jaat Monday, playing Marie, in the " Daughter cf the Regiment," and Martha Glbbs, in "All that Glitters is aot Gold." There was a great deal of enthusiasm, and no end of bouquets. Mrs. Wo<d made her acknowledgments in a neat poetical suci ess, by Mr. Cowell, author of several auooesaful pieces. A number of actors have opened the National. Mr. James Bennett has returned to Boston. J. B. Ro terts appears at tbe National this evening. Baltimore.? The Museum has reopened under Mr. Jairett. Mr. and Mrs. W. Wird and Yankee Locke are there. Mile. Sarah Felix (sister to Rachel) is giving concerts bere and in Washington. Albany ? Mr. Joseph Proctor is playing bere. Eddy Is to appear with him to-night, for the manager's beuelit. Washington-.? P. Richlogs baa had a complimentary benufit at tbe National. Bl-ftalo.? Miss Georgiana Hod son, who levanted from Wallace's some weeks ago, has turned up here. She has been playing in Brougham's "Po-oa-hon-tas," which, as i he Buffalo papers have ascertained, waa written ex. puesly for her. CmiAdo.? The Mlafs Denln are playing here. Providkmr, R. I.? Mr. Forbes, the manager of the Providence theatre, w as presented last week with a ser vice of plate, by the ladies of that city, as a token ot the high estimation in which they hold him as a theatrical manager, an actor and a member of Hodety. The pre sent con sifted of six pieces of sliver plate, ot the purity ot c< in, vU. : ? a pitcher, fonr goblets and a salver. Clktklakd, O.? The theatre here will open this even rig; Mrs. Thorne, Miss E. Thorne and Mr. l?Angwell are members of the ocmpany. Dwi ho it.? Mr. Naafie commences here to-night. Lohbviui.? Paul Julian gave a concert here last week. Devldge is starring at the theatre. Ft. IjOVIH ? The Campbells and the Alleghanians are giving concerts here. The I'yne frigllsh Opera troupe were at Dateman's on the 19tb. They were coining Knit to play in Baltimore, on the 10tb proximo. Pauacefort lias taken tbe Varieties. Ci.vcift.v4tf .? Couldoek Is at the People's. Barney Wil liams and wile elo?ed on Saturday at the National, aad Coney and the dogs were to appear this evening. Charleston, H. C.? Mi Robertson is starring here. Hartford, Ct.? Clandc. i.^lootte and Paoline have been pieyed bere by the Misses Wyatt, children of eight and nine years of age, daughters ofG. H. Wyatt, the manager. A'fTRALiA.? Mr. Gnstavus V. Brooke and Catharine naj ee are in Melbourne, Australia. Re bad played 117 nights there Ad fifty In Sydney. HnnvART. ? Mr. Morrw Barnwit died at Montreal, Ca nada. last week. Mr. Barnett was of Jewish extraction, and boin, says a correspondent, in London, la 171)0. de was long connected with ihe 1/onc.on press, and had con siderable celebrity aa an aotor In French parts. About twelve years ago he edl'ed a weekly paper in this city. He adapted aevetal pieces from the lrenoh, the most ?ucoesiflul ef which was "The Serious Family." He played at Burton's two seasons ago, sut his repM<rire was limited, and be was not very successful. He was )WW MCDttW IW>l4iD! Htea. imuiN ciTumm at bu. The nop John E?tUd|? tank by Hjuaiilng Into ?a Iotbeif-OB* Arnon lUtcaod-Pro Mkl? Lm ?f tlu BuMlndcr of the NUp'i OmpMf. Ckptnin Wood, ef tha packet ship Gmauk, arrived at this port yeataiday from Halve, has famished us with the following aeeeunt ef his voyage, together with ao.ne brief particular* of the sfaklng of the ahip John Rutledge by rasing into an iceberg, and the reeone of one only of the e hip's company > ItoOMmuia atlM from Havre n the 29thof Jwnury, and experienced very severe westerly galea the entire passage. On the 7th alt. she encountered a territk bur rieane from tha south, which continued for twelve hours. S?ch waa the Ttolenc* of the tempest, that the sails, though closely furled, were blown entirely from the gafkets. The barometer marked 27 60. On tbe 26th ult., in latitude 46?aN., longitude 46 49 W., fell in with icebergs, and on the same night was sur rounded by field ice. Immediately wore sbip^ and atcer standing three hours to the soutt eaat.succoertol in gat'ang clear of it. The field ice extended to the northwest as far as could be seen, and Icebergs were observed a* Ur south as latitude 42 43 N., longitude SO'28 W. On the 28th ult., obierred a ship's boat ahead; bore to and dot patched a beat in quest of it. On approaching the strange beat it waa found to oontaim, alive, Tho.mn W. Nye, cf New Bedford, the only survivor of thirteen parsons, the remainder having perished of starvation and oold. They had been in tha boat nine days. Nye's hands and feet were very much frosen. The boat also contained the bodies of Mrs. Atkinson and three others, i names unknown, all belonging to the ahip John Rutledge Captain Kelly, cf New York. The John Rutledge left Liverpool for this port on the leth or January; te!l in with iee on tbe 18th of February. In latitude 46 34 N., longitude 46 56 W. ; got it to field ice the next day, but suocofeded in working clear of it. She subsequently, however, ran into an iceberg, stove a hole in her bow, and was abandoned at six o'clock the same eve nix g. Hve boats, filled with tbe passengers and crew, left tha ship. It waa the intention of Mr. Atkinson, the mate, to hsve left the \eeeel in the b:at which was picked up, but she brrke adrift, and be and several others went down with the wreck. It is conjectured that the other boats, which were well manned ami furnished with compasses, would pall for the Gnlf Stream, at the weather was severely cold. Tney may, therefore, be picked up by paasing vessels. The compass of the leeautd boat waa accidentally broken; and it being cloudy, her orew could not shape their course. After picking up the boat the Germania stood to the northwest until dark, and then lay to during the night In hopea of discovering some of the missing boats; but as nothing could be teen of them, she bore away to the southwest, keeping a strict lookout ail the time. During the forenoon a very thiek snow storm prevailed, but the wrather cleared towards noon. A bark came out of the ire at the same time as the Germania. She stood to the westward, and perhaps fell in with the boats of the John Rutledge. lhe Jwbn Rutledge belonged to Messrs. Howland & Rtdgway, of this oity . On tbe 11th inst., the Germania experiencsd another huiricane from W.N.W., which lasted three day ?, driving tbe ship back one hundred and fifty miles into the Gulf. She has been twenty five days to the westward of the Banks. Tbe Giraffe and Dr. Spalding. TO TBE XDITOR OF THK HEKALD. I I am not in a very appropriate mood for entering into J a rewspaper discussion; and if the letter from Spalding fc I ltogew, published in the Hwuui of Saturday, waa not calculated to mislead the public, and was not probably written for the purpose of prejudicing the jury at the I coming trial, I should not reply to it. 1 had no interest and eeitainly no desire to Mate anything but the simple I truth in relation to any olaim against those gentlemen I for the loss of the giraffe. As you will see by the en- 1 closed copy of the agreement between them and mrself, | they hired the animal, with the privilege of buying it. It I was drowned through their ncglect and carelessness. I They offered me $1,000 to settle it. This, under the cir cumstances, I felt compelled to decline, and sued them lor danagee, Being nnable to g?t my witnesses (who were travelling wi'h exhibitions South and West) Id time I fur the trial, I temporal ily withdrew the suit until their re turn. Spalding & Rogers then (for purposes which I roust be apparent) sued me, and in my answer I put in I a counter claim for damages, which precludes the ne- I cesfcity lor my inlng them again. Thus the matter I stands. I have, perhaps, less interest In the matter I than my creditors have, who, through the "receiver," | will test and be affected by the judicial decision; but I I do not relish the Idea of being kicsed and misrepresented, I because I am helpless, by tnose whose voluntary offers [ have proved them to be my debtors. I If they are not liable to p?v for the giraffe, with what I semblance oi right no they retain its stuffed skin as a f principal feature in their exhibition f I In my anxiety for a speedy and just settlement oi the I question in dinpute, 1 have on several occasions offarea to subn.lt It to arbitration, which offers Dr. Spalding has I as often refuted. F- T. BAKNUM- I P S ?It in addition to this nete you should thiok I proper to publish the "article of agreement" enclosed, it may be necessary to state that tne giraffe was landed | on the Levee at New Orleans, but was drownel before it I i etched the "Floating 1'alaoe." F. T. B. ARTICLE OF AGREEMENT. Gilbert R. Spalding and Charles J. Rogers agree to | hire for one year tram P. T. Barnum his largest giraffe aid wagoo, as weU as the cage in which said giraffe came over from Europe. They agree to pay said Barnum tor I the hire of tha same at the rale of $300 per month I Ibev agree to employ a keeper for said giraffe, who shall be beltoted by said Barnum, and to pay the board, wages sna travelling expenses of Baid keeper. They also agree to maintain. feed and keep the said giraffe in the manner best suited to th? nature and habits of the animal, and to I uav all Itt expenses tor travelling, the expense of ship- I rung it, and ail other expenses Incurred by It dating the I existence of this contract. It it agreed thst Mea.rs. I Sualding & K- gers shall have the privilege of purchasing said giraffe, wagon and cage at any time within nine I months alter the date of Tta shipment, for the sum of $5 COO, less the amount that may have been paid r>r I tt eir hire up to the time of purchase. Messrs. Spalding I & Kcgers agree to pay U> P. T. Barnum $1,000, on the day upon whioh the animal may be shipped at New York lor New Orleans. Should the animal die at any reriod between the time at which it may leave the dook in New Yoik, and arrive at the Levee at New Orleans, thsn the said Harunm la to retain the $1,000 paid him I In ativanoe, and to demand no more. Should the 1 ur itral cle after reaching Spaidirg & Rogers' Floating I'm lace or in an exhi billon placs at Nsw I Orleans, unless its death occurs through the Bfgieot of said Spalding & Rogers, then said Barnum I agrees to refund ail moneys he may have receive 1 on ae- I court of sail giraffe, except tne hire, at the rate of $.!00 I oer month, np to the time of its death aseforeaeid I It is agreed that Spalding & Rogers, within thirty days after the arrival of saldglraffee at New Orleans, shall I pay to the laid Barnum another $1,000; and subsequent I k pav to the said Btrnum. at his Museum, In ourrent I oity funds, provided at their own expense, the remainder I an fast as it may become due In regular monthly Instal- I "nu .are?l that tf the said Spalding k Rogers should not purchase the giraffe, they shall deliver, at their own expense, the animal, cage, fcc., in good order, to said I Barnum, at either CincinnaU or Louisville, as said Bar- I uum may elect. They are also to have the free use, In I New Yoik of whatver woodcuts may belong to the said Barnum and re^te to the said glarffa. I F?r the considerations aforesaid the said Barnum 1 hereby agrees to lease and hire the said gtraflbe, wagon I and cuge to the said Spalding ft Rogers, for the period of ,ne year from the time they may be shipped at New York for New Orleans, and upon the terms aforesaid, and the name upon th# term* hereinbefore | sta'ed? it being understood that said giraffe shall be I tU uned a* aforesaid, on beat d a steamer, on or before the 14th day of December, 1844, undee the dire sttoo of said Barnum or his agent, but at the expense ot said ' ^Witness our^haiivt and seals affixed, in the city ot New Yotk, on tha 24th daj of November, A. 0. 1864. Sbgned ill I)IfR6DC6 of 'lOllf S XmOUM. la presence Si'Al JMN'G ft ROGERS, P. T. BARIUM, by Jons Oukswooo, Jr., AH'y. Laboi Sale or Mules . ? Th? Paris (Ky.) Cit* .vn saye that twenty-five hundred males were sold in i| that town on tbe 1st ot March (County Oeurt day.) some bv auction and some by private sale. The two auc tioneers report that their sale* of mules, h?r?et and sltves amounted on that day to tha handsome sum of $"6,276 63. Cattle nt Indiana^? The report of the Auditor of the i-tiUi of Indiana says that the value of the cattle in the H ate, as returned tr the several township asses sors from e'ghty-thrae counties, being all from wnich returns weie made, waa, on the first tit Jane last, $7,678,200. Emioeatiow to Kansas. ? Quite a number ot families ot emigrants from vartonaparU of the Kast, seek ing hi mm In this portion of our Territory, have arrived heie during the past week. A very large emigration Is anticipated hare this season,? Omofet (Jity March $, The Port Wardens ami IMpwimi. Aft' ACT TO REGULATE THE DUTIES Of POET WARDENS OF THE POET OP NEW TOEE. The jieople of the 8 tale of New York, represented la Senate #n a Asaershiy. do mm: as follow* : ? See. 1, It shall be we duty ot the l'ort Warden*, duly appointed by the Governor and Sena e, to make Murrey* of all vea* *1h and cargoes, when notified for that purpose, ?od to ch*.f? anch fees for the *ame a* are now by law eitabliahed. See. 2. It >WI not he lawful fur any person or peraoaa to act or perform, or interfere with the duties of the I'oit Warden* of the port of Near York, a* now Mtablinhed by law ; any person or person* who shall make aay eur ? ?eyi of TeiiHeU or their cargoes, rot duly appointed and eonstHuted by law. chtll, on conviction of the sama, in any eourt baring jwdsdietltw, such oort *haR impose a liae of fitly dollar* tot each and every susb offence ; oc*> half of anch fine shaD be paid, when ollec .at, to tae per' ?ob who aha 11 procure the conation, and the remainder* , after paying the expenses ot the proeecn.ion, sh*U paid to (he City Hospital: and if such line in not paid wVthia tre day* from unci Judgment. the person so oi fending (Hall be committed to the- county jail naUi paid, not enceedn g aixty day*. bee. S. Ail acta and part* of acta inconsistent with thie act are heieby repealed. To ins Honorawji iu?. Lmiiblatukk oh New Y'oatt ?? Your petitioner*, shipowners. under* tiers, in*r c bants, aad others engaged in business in the city of New York, respectfully represent That it ceitata biUa now before your honorable body, or about to be presented, one of wbien it enutied " An act to regula>e the duties of l'ert Warden* of tlie city ot New York," or any oi tnem, should by am maana sea jne law, they would be highly pr*jidicial and Injutioas, not ouiy to the private and personal interests ot your peti tiunera, and all persona engaged in commerce ant trade at said pert of New York, bat also to the general inte rest* and welfare ot the ei J itself- that the baaioeatt at makiig surveys of aliipe or their cargoes belongs, of right, to the parties wan may at any time be interested therein; that it is bat u mode of obtaining evidence through inspection* by nautical iran, who, fr >m ion< ex peiiti.ee ana knowledge of ahi^pirg, and of the various merchandise constantly arriving at this port a* o*rget csn form intelligent judgaieut as to tbe nea worlhiuue* of vessel*, and correct estimates oi what damage i nap have been doi,e to vessel* and their cargoes. Vour petitiooers further repi esent that it would be creating a nog t injurious monopoly, which cm Id benefit only the tew l'ort Waiaens who migut. from time to Moan, be incumbents, to the great injury, aetrini-nt and loss of aii petrous engtged in oommerce aad trade, aad of the public getersliy. And, further, it would be unnecessarily foroiag the ser vices ri men upon parties interested, who might or might not bo <{ualifled, in a way and m tuner calculated , i' not designed, to shut the door to a fair and intelligent in quiry as to their conflicting interests. And your peti tioner* claim the right respectively to oat' upon, or be tween themselves to agree upon sut'Able and proper per sons to make such inspections and surveys, and to daeidu upon tLeir respective rights, aoc /rding to the present cuftom, from time immemorial, not only at New York, but, as year petitioners believe, at all commerial plaoaa and port* in the civilised world. Slif.ovnert and Merchant*. ? tlarlea H. Marshall, Taylor ft Met reli, Lane, West A Oo. ; K. K. Morgan M. u. A ur, Oris ruldj vt m. Nelson A t on, Dunham A Uimon, J . B. Gagar A Oo Jaa. bmith A Bon, Gnnnell Minturn A io,; J. P. Alfonso, ttoyd A Blnoktn, by J. J. Boyd; aiurgea, Cearmau A t o. ; Tb>maa P Stanton, Jolii p. tawed, B. V. Curtis A Oo.. N. Rtohardsoa ft Oo.. J. B. Brewer ft Co . OI> pliant A Hons, W T Pro t, rt.ow A Burgeaa. Rc*e A Allen; Poet, Hmiih A Oo.; Chi*. B. PnOL, J, h. JenrtngH. TapscoU A Co., A. A. Low A Brothers. Slate ft Co, Kveri't A brown, Wakeman, Damon A Co.; Johnson ft Lowden. Crosby, <Jrockt.r A Co.; Adam* A B<ithorn. Mo?a Taylor, J. Atkma A Co., Neamlth A bona, De Wolfe, Star A 'Jo.? A. J. Btoson, iiatley A Co., B. A A. Kingalai>d A Hatlon, A. Warren, Ualph Post, Walah. t arver A Chase; Samuel L Ha Sie, Brett feon A Co.; Eagle A Harard, Wheelwright A Oe., laiber, l ord A. (juereau, K. H Powell. B -own Brothers A C?.; Alexander M. Lawrence. Kobert Garn er, Walter K. Jnoea, Jr., Goodhue A Co , Charles Oarow, Laytoa A Hurtbm 0. l>u rand. Bacon, bvgeart A Co ; Charlea A K. J. Peters. Ha?bew, Talbot A Co,; Wadlelgh .t Knox. Ueorge L. Batch, McUreadp. Motl A Co ; John r>. eardy, Charts* 0. Duncan A Co., B. n. Arrowamlth. It F. MetcaJI, cha<m A Hnow, 11. B. Beams. A. WaTen, Jonathnn Thomson, nob < on A Poadick. Tate* ft Por terlleid, J W. beano, K P. Buck A Co, Duva le A Co., Join A Peaae, 1 hompuon A Hunter, ?. W. l?wi*, namunl Damn, Klbbte A McKee. Joseph Perkina L. da A?redi, Jove A Co, j Jrhn B. Dow, tleorge W. Htmpson. Zen May hew, Kuweit ft Vtntng, h. K. Whit ock, Jr., Hamuel Judd'a aona A Co . John Copkiln A Co , Wm F. Schmidt, tlenrj T. Ingles, Wm. WUaoa. lindnvi itrr* ? hlwood Waller, Preaident ot toe aeroiatiia Mutual Marine Inaurance Company; L. Gregory, Preatdeat at the Oiobe Mmuai Marine Inaurarce Cempnoy; J. O. J ones. President of the Atlantic Mutual Marine insuraooe Company : John A. Parker, Vice President ot the Oreat Western autuai Marite Insurance CoeRpany; A. W. ihompson, agent of the l'rorl octal Insurance fSorrpauy, Farmer*' and Mechanics' Ma rine Compaotes; M. Star buck, President of the International Mutual Marine Inaurance Company; C. W. Ogden, Vlo? Presi dent ot the lnternauoRat Mutual Marine Insnranoe Company; John 8 Tappan, President or the Onion Mutusi Inauraoqe Company: Alfred Ed irsrds. President of the Pacific Marine la auranoe t>mpan?. Stmrrmhip ( nrnptnirt ? I.udtam i Pleasants, Mortwk aad Blcbmrad united h ales Mall Hteamers, owners aad ageola; K. t unard Agent of the Cnaard a>? rser*; Charles Eqia, Owner and A get t of Hteamers, David UCOen. ao 4s ; Joaa*h Ogden, co. do.; Hamuel L. Mitchell, oavaaaah I4n*0(D*Mod state* Mall 8t?amer* to savannah; Mortlmore Linacstou. ha Hamnel L Fox, Anent "fth? Havre line of Halted Statea Mafi Hteeirers; Edwin Caswell. Tressurrr Vctted,Htste* Mail treaoa sMp Company M u. aoberts, Preddectof the Patted Htate* itsl Hteamahp Com pan ; [Jrtngrtrn. Cmcheron A Oe. ownara aid ageui* of steamers between i>ew York and Mew Or e ina; Bpotfoid, IlleHon A Co., Liverpool p? keta and Chsriestaa steurers; K. K. t'o'llns United States steamers, Liverpool line; C H. Sand. President of the United Htate* Mall Steam Navigation Company. Swrrynrt, >J<-. 4 as. A Requa, Treasurer ot the New Oraaa da Csnal Compasy; Charles H. Haa well. Engineer for Beard of Urder writers; A A. Parr ham, Marine Surveyor M WaE street: WUHam H. Merry, Survejor for the New York Mutual tnsoracce Company; Jabez WllUuna, Surveyor for the Ortat Western Marine Insurance Company; AnCrewHoott, Htirveror for the flloce Marine Inauranee Company; Rooert Harding* surveyor tcrlhe Oeenn Marine Insurance Oompany ; S. JC. Ota> ver, Hurreyor for the Provincial Marine Insnranoe Ca-npaay; C. H. Christian soo, Surveyor for the Pacific Marine Insuraooe Company ; J. Kearney. Surveyor for the International Marlaa lus urauee Company; James C. Luce, Surveyor Ibr the Oreat Western Marine Ireuraace Company; Only Lovett. da do.; Ihtmss D. Taylor, Btirvetor for the Mercantile Marine lam rarce Company; J. J Dickinson, Surveyor for the Aster Ma rine Ineuranoe Conrsny; James W. I?ow, Surveyor fnr the Commercial Marine Insurance Company: Johnson A Tllggiaa, adjusters ana owners of vessels; Edward M. Green way. . Brooklyn City New*. FIRE, AND DESTRUCTION OP FIFTEEN HORSES. Shortly before 1 o'clock on Saturday night a Are broke ont in a wooden building in Puraan street, adj lning the Brooklyn City Mills, occupied as a stable by the Uty Kail road Company. The New York hell* sounded tba first alarm, the flame* being more distinctly vlslb e from that side of the liver. The railroad cart having jaaf ceaied running for the eight, the horses were put up ao4 the stable secured, when flame* were ditcivereJ breaking torth from the side next acjoining the mills. Fi? hteea borsen belotging to the oompsay were in the stable, bnt the prrgresB ot the lire was so rapid that it waa found impo t-ibie to save more than tbree, and the remainder were tecesarily left a prey to tbe destroying . element. The adjolnirg stable, occupied by the Kniok erbocker Ice Company, next caught Are. It contalaed eight horses, hutl luckily they were all taken out un harmed. Doth buildings were deatroyed, with the hay, ana most of tbe harness Several sets were saved by the exertions of the men employed about the premise*. A baige belonging to the ice company, and laying alor gride the dock, was in great danger of destruc ion, but was opportunely towed out of reach of th* flames by the ferry ttrat Fulton, which just eame in from tbe otber sioe. Some thieve* took advantage of the oscaaioa to steal the hawsers belonging to the loe boat. The fire communlca'.eu to tbe mills, and deatroyed part of thereof; hut the damage did not amount to a. great deal. A wooden building opposite was somewhat scorched. The loss sustained by the railroad company amount* to about $fi, 000, and of the foe company perhaps E2.00*, The cause cf the fire is not vet known. The man la charge of thestab'e had just closed for the night whan, the flames were tlisoovered. and it i* therefore probable that it originated from the iunp. The building* were s ocked with hay and straw, both in the basement aad loft. The engine of the ferry boat Fulton was set In ope ration aod played a atieam upon the iceboat before the Are et gines arrived. She was thus protected from the (lame* until she could be towed out ofdanger. Three firemen foil into the took while engaged at work In the rear of tbe burning building*. They wet* got out unharmed. A Poutoun Ronnro ? The howta of Mr. Stephaa Coyle, an ofAcer of th* First dUtrict police, No. 1) Vine ? Ueet, wa* entered by a thief on Saturday afternoon, while the lady wa* temporarily absent, th* husband btlug on patrol duty, and raaaaokiag a trunk, stole therefrom $60 in Ixtog Island Bank bill*, a watch and chain worth tttO, a gold locket and silver ipoons valued at abont $20 more, with all of which he esaaped unde tected. Jeracy City lewa. Fikk Vktaktiikst Foro.? Thi? fund, now sxaeeliag %1 000. which was necessary before it coall be available to the Department, the Fund Association at its last meet ing appointed Messrs. French, Kemp aod Hawkine, a committee to revise it* by-laws so as a*e the a valla of the Inad for the purpr.se of relief whsn required. CoMK-nait or Watob Rasvs. ? A supplement to the Jersey Cttv Water act provide* that all water rente aad al 1 penalties due on the 20th of Deoember of eadfc year, may be colleoted. with It per cent Interest and ooabs, by tbe ctty authorities, by the sale of the property liable therefor. In lbs same manner a* leads are sold for unpaid ?**es and assessments. Ha iiJKun CoMPijurr Rook ? The New Jertey Railroad and Transportation (Vimpany ha* opened a complain* book at It* office In Jtorsey City, which book is acaeselUa at all hours, for the entry of all causes of oomplairvt or dissatisfaction which there may be ocaasion to mate against tbe officers or employes of the roivl. The com-* pany pledges Itself to promptly and thoroughly investi gate the cha-ges aod to redrew* grievances, if the com plaint* are made by responsible pwnoo*. The sama course will be taken if the complaint sjare mad* to officer* of the oompany, with t U* name ot th* ponton aggrieved. Hbhokeu Ctty Wawa. ftntarr larnQ'.KMtow ? the Hoboken Conn til has adont ad an ordlnao'ae providing for gradiag, paving aid flag ging in Hudson, Washington, Ferry, Mr*t aa? SUM streets, fo*. which propoaali are to be sabmitted on th* 2d of ftp'.il. P.xv,imoti or Fnunw ? An act of tbe last legislator* proV.rtes that those firemen in Hobokan, who, on the 1st of "May next, shall have served Are year*, aad who sere* *#o year* mora, and all other* who i-?rve seven T?ar. aa firemen, shall be exempt from jury duty aad military tat.