16 Haziran 1845 Tarihli The New York Herald Gazetesi Sayfa 1

16 Haziran 1845 tarihli The New York Herald Gazetesi Sayfa 1
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THE NEW YORK HERALD. Vol. XI., No. 164?Whole No. 40)40. NEW YORK, MONDAY MORNING, JUNE 16, 1845. . Price Two Cent*. THE NEW YORK HERALD* JAMES GORDON BENNETT, Proprietor. Circulation?Forty Thousand. DAILY HERALD?Every day. Price a cent* pei copy?$7 25 i>er annum?payable in advance. VVKEKLY HERALD?Every Saturday?Price6} cent* per copy?*3 1-J? centa per annum?payable in advance ADVERTISEMENTS at the uiual pricei?always cash in advance. PRINTING of all kind! executed with beauty and deipatch. iKJ- All letteri oi communication!, by mail, addreaied to the ostabliihment, must be post paid, or the poitage will be deducted from the sub?crintion money remitted JAMES GORDON BENNETT, PnorRir.roa or rrnt Nkw York Hkr?id Establish kknv VnrthwBut rornpr of Pulton rthI M*s?*n ofrpufr LONG ISLAND RAILROAD COMi'ANY. REDUCED FA RES. S U M M E R ARRANGEMENT. TRAIN8 RUN AS FOLLOWS, On and after 14th June, 1846. .from Brooklyn Depot? Boston Train?8\ A. M. daily, Sundays excepted, stopping at Kitrmingdal* and St. George's Manor. Accuminodatiou Train?9)4 A. M and 5 P. M. for Farming dde <ud intermediate places, daily, Sundays excepted. Accommodation Train,3 P. M for Greenport, duly, Sundtys excepted, stopping at Jamaica, Branch, Hempstead, and Hicks vill , and all the stopping places between Hicksrille and Greenport. Ft * in Greenport Depot? Boston Train, daily, Sundays excepted, at 12){ o'clock M., or on the arrival of theateamers froin Norwich. . Accommodation Train?At J A.M., daily, Sundays excepted, for Brooklyn and intermediate places. From Farmin^dale Depot? Accommodation Train 8?? A- M. and t>? P. M., daily, Sun days excepted. for Brooklyn and intermediate places. From Jamaica Depot? ? Estra Traiu, My P M. daily, Sundays excepted, for Brook lyn and intermediate pi >ces. The Boston Trains stop ouly at Farmingdale and St. George's Manor. The Accommodation Trains stop at the following places ou the road, going both ways to receive and deliver passen gers. vix: Bedtord 8 Deer Park 69 East New Vork 12^ Thompson 118 Race Course 18V Suffolk Station. 1 Oil Trotting Course Ul'i Luke Road Station 1 18% J imaica 25 Medford Station 1 I8>'4 Brushville 3I'.{ Milleville 1 50 Hyde Park, 17 miles 37.!, St. George's Manor. ... 1 62 Clowsville, (during ses- Kiverlwad 1 62 sion Court,) 37'( Jainesport 1 62X Hempstead 37^ Mattetuck 1 62H Branch 37,(a CutcliOKue 1 62>i Carle Placi 44 Southold 1 62>a Westbury. 44 Oreenport, Acc'n. train. 1 75>? Hicksville 44 Bo?teu Traiu 2 00 Farmingdale 62% Stages are iu readiness o:i the arrival of Trains at the several Stations, to take passeugorsat very low Fares, to all parts of the Island. B:>gg?ge Crates will be in readiness at the foot of Whitehall street, to receive Baggage lor the several Trains, 30 minutes be fore the hour of starting from the Brooklyn side. ? r j^ltuckaw-'y Baggage taken in tepsrtte Crates. jnlOrc LONO ISLAND RAILROAD. CHJiJSGF OF HULK. SUMMER ARRAOEMENT. On and after the 22il nut., a traiu will leave the depot, at Brook lyn, for Boston, via Norwich and Worcester, every morning at 8Xo'clock, Sunday's excepted. Pa'sengers will leave the foot of Whitehall st. at JJi 'oclock. Fan tlirough $3 25 Second class passengers 188 myl7 lmis rc TO WESTERN TRAVELLERS. ir" mini EXPRESS ANU PIONEER PACKET LINE, From Pliiladelphia to Pittsburgh via the Pennsylvania Rail roads and Cansl?through in days. The above line is now in full operation and offers great inducements to persous who wish a pleasant mode of travelling to the west. The cars are built in the most approved modern style, the boats are Itted up in a superior manner, and every effort is made by the proprietors to conduce to the comfort and convenience of travellers. The scenery on this route is unrivalled, and the 8reat chain of Pennsylvania internal improvements is well wor iv of being seen. By this route i>assengers avoid all the fatigues and dangers at tendant upou stage travelling, and at the same time make an ex peditious trip. The cars leave every morningat 7 o'clock. Passengers are ad vised to engage 'heir places at Philadelphia. Oihce in Pliiladel phia N. E. corner of Ckesnut and Fourth streets, and at Nos. 13 and 15 South Third su. A. CUMMINGS, Agent. Philndelphial May 17, 1845. For information, iu the eity of New York, apply to B. H. KNlSELL. Agent lor D. LEECH fc CO.'s Line. 7 West st, N. R. my!7 8m rrc CHANGE OF HOUR. UNITED STATES MAIL LINKS TO BALTIMORE. PHILADELPHIA, WILMINNGTON AND BALTI MORE RAILROAD LINE. Vi?Chester, Wilmington, Newark, Elkton, Havre de Grace,kc. Through t'n Six Hours?/ore $3. ? ? ? ? -r ? i H r On ana alter Monday next, May 12th, the Can will leave the Depot corner of 11th and Market street, d nil y (excel* Sunday) et 8 o'clock, A. M.. the lines leaving at 4 P. M, and half past 10 P. M., being discontinued after that date. ^T^his Line will leave Baltimore for Philadelphia, at 9 o'clock, NEW CASTLE AND FRENCHTOWN RAILROAD AND STEAMBOAT LINE. Through in Seven Honrs?fare $2. On ruid after Monday next, May 12th. the steamboat ROBERT MORRIS, Capt. Douglass, will leave Dock street wharf daily, (except Sunday,) at half post 3 o'clock. P. M., instead of 6 A. M. is heretofore. This Line leaves Bowly's wharf, Baltimore, for Philadelphia, at 7 P. M. SUNDAY MAIL LINE. The only Line lor Baltimore on Sunday leave* the Depot, corner of 11th and Market streets, at 4 o'clock, P. M. FREIGHT PASSENGER TRAIN. Fare to Baltimore JO cents. A Paasengrr Car attached to the Freight Train, will leave the Depot corner 11th and Market street, daily, (except Sunday) at Jo'clock, P. M., and reach Baltimore at an early hour next moriuiiK- G. II. HUDDELL, Agent at Philadelphia, Pa. For further particulars, apply to GEO. P. FISHER, A?ent, mylO lm rc No. 17 Wall street, or 6 West street. "FROM "BOSTON r6~Pf [ILADElphTa in~a DAY. aaa? oaf? fjff-iffli THE TRAINS unon the LONG ISLAND RAILROAD are now arranged for passengers to leave Bostou at 6 o'clock and arrive in New York at 4, as was the case last evening; and take the Philadelphia train at quarter before 4, aud arrite thnre at II P. M. my23tf ?n <? 1 NOTICE.?On aud alter Monday, I lie Mth m stant, the car that leaves City Hall at six o'clock in JraSR the morning for William's Bridge, will leave at jJU^BBCL-half past five: returning, will leave William's BriuJi-aijei en o'clock. The car that leaves City Hall in the evening at half past six o'clock for Harlem, will leave at six o'clock, and will run to Willism's Bridge ; returning, leave William's Bridge at seven o'clock and twei.ly minutes, jin rrc Weehawken MOUNTAIN I'All I AON, BY B. JESUP. SUMMER ARRANGEMENTS for con 4fcvevini passengers to and from New York.? 'iEHCSCS Vn Omnibus will leave the Pavilion for.the , u.i and after the 16th of June as follows:?7'j o'clock, A. M- arriving in the city about 8 o'clock, 2 o'clock P. M., li o'clock P. M., 9), o'clock for the Ferry. IJ /"Fare One Shilling, exclusive of ferriage. Leaves the Ystor House, from No. 2 Barclay street, half-pant <i o'rlock A. M.s do I P. M., arriving at the Pavilion in time for dinner; do 7.'4 o'clock, in time for lea. Extra Carnages at all hours from Hoboken Ferry to Weehaw ken Pavilion. THOMAS ROBINSON. Proprietor of Omnibusses. Communications to or from tho Pavilion may be left at No. Barclay street. Siages will run only from the Pavilion to the r erry, on Sun days and the Fourth ol July. June 14th, 1813. jeh'i 2frc NOVICE. STATEN ISIAND FERRY, FOOT OF WHITEHALL STREET. FARE ?U CENTS. On and after Saturday,7th June, the Steamboats SYLPH and STATEN ISLANDER will leave New York every hour except 4 P. M., commencing at 8 A. ?1., until 7 P. M. Leave Staten Uland every hour except 4, commencing at 8 A. M., until 7 P. M. jti7m NEW FERRY TO FORT HAMILTON, YELLOW HOOK AND NEW YORK. The steamboat HAMILTON, Captain H. >Mall*n, will run between New York, Yellow ? Hoak, and Fort Hamilton, till further notice, ? ?? ~ ........ n.M. ....... ium. UII luriner notice, as loilows, every day, leaving Tier No. 1, East River:? New York, 7 o'clock, A. M. I Fort Hamilton, 8 o'clock, A. M 10 " " 11 4 " P. M. I 4 " P. M. ? " " I 7 " SUNDAYS. Will leave Pier foot of Pike street, E. R, at 10 o'clock A. M., and 1)4 PM.; Pier foot of Canal st., N. R., at 10k o'clock, A. M. and 8 P. M.; and Pier No. I, E. R., at 10 o'clock A. M. and 2P. M. Returning, will leave Fort Hamilton at 12,4 *nd 6 ?'clock. P. M., landing at all the above places. rr?7 Fare I2S cents. Freight taken on reasonable terms. jll 3t*rh NEW YORK, ALBANY AND TROY LINE. ^4W9 FOR ALBANY AND TROY DIRECT. O.??The steamboat EMPIRE, Captain R. 1. XbJMUL Macy, will leave the foot of Courtlaudt .treet, on SATURDAY EVENING, at 7 o'clock. The Empire, owing to herlight draught of water, will be ena bled at, all tunes to pass the bar, and reach Albany aud Troy in ample tune to take the morning tram of cars going east or west. For Passage or Freight apply on board, or to C. CLARK, ?t til* office on the wharf jll 13 rc FOR SALE?The Steamboat Richmond, ft LI " li" ? '"?i'" draft "ater, 116 ft length, feet beam, 8 feet depth beam engine. 34 inch cvln dei, ?lie. stroke, in good order and fit for immediate use; copper fastened; would answer for a tow, freight or iiaacigo boat, having finished cabins with berths. If not sold before the 19th instant, will ihen he sold at public auction, at the Mcr ch ints' Exchange, on that day. For further information, apply (II Ui??r*. Dougherty, 74 South stieet. jail Iw'rh "REMOVAL. MRS <'ARROLL'S MEDICATED VAPOUR AND SUL PHUR BATHfl are removed from No. 3t4 Broadway to 184 Km I ton street, wvst of Broadway. 0|<eu mm 0 o'clock in the morning till I o'clock atnighi .sulphur Hatha require nv i Jwmr'iBOU**. ml lm o? DRAFTS ON OREAT BRITAIN AND IRKLAND?Persons wishing to remit mo ney to their friends in any part of England. Ireland, Scotland or Wales, can be supplied 'with draft* payable at sight, without dis count, Inr any amount, from ?1 upwards. lit EnolaXD?On the National and Provincial Bauk of Eng land; Me isrs. J. Barued & Co.. Exchange and Discount Bank, Liverpool; Messrs. James Bui t (It Son, Loudon, and branches throughout England nnd Wiles. W Ikf.lanu ?Ou the National Bank of Ireland, and Provin cial Bank and branches throughout Ireland. I r Scotland?On the Eastern Bank of Scotland, National Bank of Scotl md, Greenock Banking Company, and branches throughout Scotland. The steamship Britannia sails from Boston 011 the 1st June, by which all drafts can be forwarded free. Apply to W. k J. T TAPSCOTT. mvl m 7?; South sr. rnr. Maiden lane. PACKET FOR MARSEILLES.?Tim Packet Ship MARCELLA, Captain O. Hagar, will sail 011 the 1st o? July. For freight or passage, apply to CHAMBERLAIN h PHKLPS, 103 Front street, or to BOYD & H1NCKEN, Agents, No. 9 Tontine Buildings, corncr Wall and Water streets, jeljrrc LONDON LINE OF PACKETS-Packet of the 1st of July ?The splendid and fast sailing Pack etShip VICTORIA, Captain E. E. Morgan, will positively sail as above, her regular day. Having superior accommodations for cabin, second cabin, and steerage passengers, purions about to embark for the ola cou.itry, should make early application to W. lit J. T. TAPSCOTT, je!3 rrc 75 South street, corner Maiden Lane. LONDON LINE OF PACKETS-Packet 01 "The 20th June?The spleudid and elegant faat sailing pack _ rt ship QUEBEC, F. H. HEBARD, master, will saiTa* above, her regular day. Having very superior accommodations for cabin, second ca bin auilateerage passengers persons about to secure berths should make early application ou board, foot of Maiden Lane, or to JOSEPH McMURRAY, 100 Pine street comer of South street. Tht^packet ship Wellington, J). Chadwick, master, will suc ceed the Quebec, and sail on the 10th July. jel2 rrc FOR LIVERPOOL?To sail 14th instant?The .elegant and very fast sailii'g packet ship 8IIAKS aPEARE, Capt Cornell, having most of her cargo on bndrd7 will sail as above. For freight or passage having elegant packet accommoda tions. apply 011 board,at Orleans whirf. foot of Wall street, or to j!3re E K COLLINS He CO.. 56 South ?t FOR SALE?FREIGHT OR CHARTER?The very last (ailing packet ship, MISSISSIPPI. SSO tons. ihnilt in this city by Brown It Bell, salted 011 the <tock?, and resulted every year, live oak and and locust top, live oak apron, seinson stem frame, and forward aud after cant frames?newly coppered and in perfect order for a three years voyage?has accommodations for 2G passengers. Apply on board at Orleans' wharf, foot of Wall stJeet, or to E. K. COLLINS tc Co., 96 South street. jufim FOR LIVERPOOL?The New Line?R^guki Tacket 21 st June?The superior fast sailing Packet ship ROCHESTER. 800 tons burthen, John Brittou, mas er^ will sail a* above, her regular day. !? or freight or passage, having excellent and superior accom modations, apply to the Captain on board, or to WOODHULL k MINTURNS, 87 8outh street. Price of passage S100. The Packet Ship Hottinguer. 1050 tons, Capt J. Bursley, will jo creed the Hochester, ailu sail on Iter regular day, 21st July, jell FOR GLASGOW -Regular Packet.-Tlie last ,sail-iug British Barque ADAM CARR, Scott, mas ater, 350 tons, will meet with quick despatch. .<"or balance of freight, or passage., having excellent accom modations, apply to captain 011 hoard, at foot of Dover st, or to WOODHULL fc MINTURNS, 87 S 111th street The regular packet bark ANN HARLEY, will succeed the Adam Carr. jell BLACK BALL OR OLD LINK OF LIVER POOL PACKETS-FOR LI VERPOOL-Only (Regular Packet of the If.th ofJuue.?The magnificent ancfcelNirated fast sailing, favorite packet ship OXFORD, burthen 1000 tons, John Rathbone, commander, will sail posi tively 011 Monday, 16th of June. Having unequalled accommodations for cabin, 2d cabin and steerage passengers, those returning to the old country, or send ing for their friends, will find it to their interest and comfort to select this unequalled line of packets. For terms of passage and to secure the best berths, early ap plication should be made on board, foot of Beekman street, or to the subscribers, ROCHE, BROTHERS & CO, _jl#_ 35 Fulton street, next door to the Fulton Bank, N.Y. FOR LIVERPOOL?To sail 011 tlie 15th June? .Tlie spleudid, fast sailing ship 8US.VN C. HOW *KLL, Captain Bailey, can accommodate a few more can in passengers in a superior House on Deck, at a very mo derate rate. For passage apply to JOHN HERDMAN, j7rc 61 South street. PACKETS FOR HAVRE?S-.-cond Line?The -packet ship ONEIDA, Captain Jas. Funk, will sail ^011 tlie 1st of July. h'or freight or passage apply to BOYD & HINCKEN, Agents, No. 9 Tontine Buildings, cor. Wall aud Water streets ju3 rc FOR LIVERPOOL?New Line-Repular Packet .of the 26th Juoe?Tlir elegant fait nailing Packet Sliii ?4JARRICK. Capt. B. J. H. Trask, of 1100 tons, will sail as nbo?e, her regular day. Kor freight or passage, having accommodrtion unequalled for splendor and comfort, apply on board, at Orleans wharf, foot if Wall atreet, or to ? K. COLLINS fc CO., 36 South street. Price ofpassage $100. Packet Ship Itoseius, ("apt. Aaa E'dridge, ol 1100 ton', will mcceed the Garrick, aud tail 2Gth July, her regular day. m/7 ec J. HEKOMAN'S OLD ESTABLISHED EMIGRANT PASSAGE OFFICE, 61 SOUTH STREET. PASSAGE from Great Britain and Ireland, via. ,Liver|iool, can always be arranged at the lowest rate, .111.1 Drafts furnished for any amount, Payable at all .... principal Banks iu England, Ireland, Scotland and Wales, on application10 J- HERDMAN, j6rc 61 South street. PASSAGE FOR HAMBURG?With DesPatch .The splendid new packet ship SILAS HOLMES, aa^il^pt. C. C. Berry, will sail as above, and can very comfortably accommodate a limited number of of passengers in cabin and steerage. This ship having been built expressly for a New Orleans packet her accommodations are of the best and most costly description. Persons wishing tosecure berths should inaiu eaily application on board, or to vV. It J. T. TAPSCOTT, mvSfi rr corner South stllW ami Maiden lane FOR ANTWERP-The splendid ship DEVON SHIRE, Capt. , will meet with quick despatch jfor the above port. or passage, having handsome furnished accommodations for cabin p.isseugers, and also for second cabin passengers in the house on deck, apply to je7 J. HERDMAN, 61 South street. NEW LINE OF PACKETS FOR LIVERPOOL .?Packet of list June?The splendid and favorite i.Mi'ket ship ROCHESTER, 100(1 tons burthen, Capt. britton, will sail on Saturday, June 21, her regular day. The ships of this line he i tig all 1000 tons and upward*, persons about to embark forthe Old Country will not fail to see the advantages to be derived from selecting this line in prefereuce to any other, a* their great capacity renders them every way more comfortable and convenienttnnn ships of a small class, aud their accommodations for cabin, second cabin, and steerage iiassenfers. it is well known, are su|i ri?r to those of any other line ol packets. Persons wishing to secure berths should not fail to make parly application on board, foot of Burling Slip, o to W. Ik J. T. TAPSCOTT, At their General Passage Office, j7 rrc 7SRonth street, corner of Maiden Lane. FOR LIVERPOOL?The packet ship OXFORD sails on the 16th instant, _ and the packet ship GAR iRICK on the 28th inst. For passage, having splendid accommodations, apply to J. HERDMAN, 61 South street. N B.?Those sending for their friends residing iu Great Bri tain and Ireland, can have them broaght out with quick de spatch via Liverpool, and dralU can as usual be supplied, paya ble throughout the Uuited Kingdom, on applicatiou as above. jia5 rrc bL" FOR NEW ORLEANS?Louisiana and New > ork Line?Regular Packet,to ?<til en Monday. Jnnr i6?30th?The elegant, last sailing Packet Barque GENE . Capt. ilinot, will positively sail as above, tier regular day. For freight or passage, having handsome furnished accommo datious, apply on board, at Orleans wh.irf, foot of Wall St., or to E. K. COLLINS It CO., 56 South at. Positively no goods received on boardafter Saturday evening, 28th instant. Agent in New Orleans Mr. JAMES E. WOODRUFF, who will promptly forward all goods to his address jlOec OLD ESTABLISHED EMIGRANT PASSAGE ? Or HCh, 61 8outh tt.?Prutac* from Knglaud, Ire , ^ aland. .Scotland and Walea?Those sending for then mentis would do well to avail themselves of the opportunity of inakingrhrir arrangements with the subscribers on very mode rate terms, by first class packet ships, sailiug from Liverpool weekly. Drafts can as usual be furnished for any amonnt, payable throughout the United Kingdom. Apply to ^ JOHN HERDMAN, 61 South st. The mail steamer Hibernia sails from Boston on the Ifjth inst, by w nich letters can be forwarded quickly. m>23 rh BURDEN'S PATENT HOItSE-SHOEb BEING NOW ON SALE by the principal dealer* in hardware in the United States are all warranted per fect in form and mr.de of the very best refined iron, aud sold at a fractiou over the price of iron in the bar. Every shoe which may be found not in accordance with the above recommendation will be received hack and the money refunded, with all expenses from the most distant part* of the country. 0 H. BURDEN. Agent, my I* Im'rrc ? Troy Iron and Nail Facte actory. MFOR SALE OR TO LET?At the nine mile stone Kingsbridge Road, four handsome Cottnge Houses. Two of Ih-in Inve each 14 rooms, with kitchen aud cellar, piazxt front and rear, stables aud out nouaes.Anished in the best manner with inarble mantles and grates. The other two houses esch nine rooms, finished as above. Also, one large Stone House at Fort Washington, with ten rooms Aittl two kitchens, conch house and ont buildings, with S acres of land?the house well finished, with inarble mantles and grates. All the houses have gardens, well laid out The Manhattan ville ?l.is.es pass the premises every hour in the day. Enquire of II. F. Carman, G35 Broadway, or at Fort Washington, and at the Store 155th street, Kingsbridge Road. jell 2w*m '1 O LET.?The new Hotel, now finishingat llobokeu, immediately adj.irent to the ferry?linilt ill modern style, 45 by 50 feet, three stories, with piarxa on two sides, and containing 17 rooms, with a sving 20 by M feet; two stories containing 7 moms This House is beautifully situated, commanding a fine view of the city and hsrbor of New York. For further particulars apply to Jnmes A. Stevens, jr., at the office of the Hobokeu Laud and Improvement Company, at Hoboken. je!2 IwVli FOR MALE?A beautiful Country Residence, one inile rom Roeaville Landing, on Siaten Island, a Farm of 28 , acres of first-rate Land; a large Mouse and good Barn, and other Buildings; good Garden. with plenty of Fruit Trees?w4ll be sold reasonsble and on good terms. Enquire of my7 lm?re HAM'L.. HALL.36* Broome st /GENERAL BlULDINw REPAIRS. 11 Nassau st., corner ?? Maiden Lane.?All orders Immediately attended to for Mason SI ate i ng, Plastering, Magging, tin roofs repaired and painted, and all other repairs and attentions done in the bast mi liner. Also, furnaces, ranges, kettles, steam bollets, ovens, and every kind of fire works pat up. None but good workmen employed. Expeditions and moderate charges Chimney tops form ring smoke. Up town orders led with J (iuinn, Pluml.or, 544 Broadway m27 ?lm'rh K. H. QUINN. GALVANIZED IRON AND TIN. riALVANIZED SHEET IRON AND TIN, a venr m V* perior article, warranted not to rust. Also, Tin Plate, ahee Iron, Russia Sheet Iron, Hie ft Copper, Zinc, Scotch inn Amet rican P,, Iron, for sale br fcAHS k WARD, , No. 71 JliMd sum*. ' Important Law C?ac.?The UAce and Du ties of tUe Clerk of tile City and Comity of New-York. The Court of Errors has been for two or three days past occupied with a case of the highest importance to the people of this city and county ; involving, as it does, some of the most valuable rights secured to them by successive Charters and confirmed by the Constitution of the State in 1821. This case is the one recently decided (in favor of the people) by the Supreme Court of the State, and involves the office, rights and duties of the Clerk of 1 the City and County of New-York ; an officer who? by the terms of the Constitution, is elected by the people every three years, and the right*,duties, privi- : leges, emoluments, A:c. of whose office consequently are the property of the people undut their sole dispo sal. The clerk of the city and county of New-York, is an officer coeval with the earliest form of our City Government, under the Colonial jurisdiction of Great Britain. By the charter of Gov. l)oiis{an of l(?S6, a Court of Common Pleas was established in this city, to be held before the Mayor, Recorder, and Aldermen ; and the town clerk, clerk of the Mayor's Court, or cleik of the city and county (all being I vested in one und the same person) was made the. clerk of this Court of Common Pleas: and from that time to April, 1443, he has exercised all the dn ties thereof. Formerly,and at the time of the adop tion of the Constitution in 1421, this County Clerk or Common Pleas Clerk was appointed by the Gov ernor und Council; but by the 4th section of the 4th irticle of the Constitution, the appointment of this 'lighly important office (as well as Sh'yiff's and our County Register) was claimed by and"Ve?ted in the !>eople ; and it was declared that the County Clerks should for ever after be chosen by the electors of the respective counties once in every three years. With this arrangement the wuole community re- j mained perfectly satisfied; it worked remarkably well, and no one ever dreamed that it would be af- ! tered, until in the session of the Legislature of 1843. i During that session, some curious movements were j set on foot, (whether or not very extraordinary \ means were used, we say not at present,) and an act j was pushed through the Legislature, called simply "An ;ict rel itingto the Court of Common Pleas for i the City und County* of New York." This was passed April 10th, 1443, and from the vagueness of us title, the community was completely deceived, and no one but those in the secret had any idea that this act proposed to strip the people of this city of | some of their most valuable chartered and consti tu tional rights. But, on inspection, it was found that this act pro posed to take away all the powers, duties, emolu ments, Sec , of the clerkship of the Court of Com mon Pleas fr?m the people's officer,she CountyClerk, (which powers, duties, Ace., the people had esi>e cially reserved to themselves under the constitution ef 1421,) and to give them all to a new officer of their own creation, a social clerk of the common pleas, and that lie was to be appointed by the First Judge of tliut court and his two associates, without consult ing the Mayor, Recorder, or Aldermen, who, by the charter of the City, and constitution of the State, are ulso Judges of the Court of Common Pleas This glaringly unconstitutional act of the Legislature of course created creat excitement in the minds of | ourcitizens, as well as deep indignation. Three of the Judges of the Common Pleas at that time, Messrs Ulehoett'er, Ingraham and.lnglis,* however, took the responsibility of appointing under that act Mr. An drew Warner as Clerk of the Court of Common Pleas, thereby giving to him all the most important duties, rights, emoluments, See., belonging to the people's own officer, the County Clerk, leaving to the latter office the mere shadow of power, stripping it of all that rendered it valuable ana important, grossly insulting the people of the city and ceunty, and endeavoring by this unjust usurpation to snatch from them their chartered rights and constitutional privileges, and conferring them all on a creature of their own creation, who thus realizes from $5000 to $10,000 a year, ana over whom the people have no control whatever. As a matter of course, proceed ings were instituted against Warner as an intruder on the |>eople's rights, and the case came up in the Supreme Court. After very able and very full argu ments on both sides, the Court deliberately decided that the actfof 1443 was unconstitutional, when Chief ] Justice Bronson delivered the following opinion:? The Peojile, ex. rtl. Conner vs. .Indrew JVarner.? Opinion of the Court.?Bkonsom J.?It will not be neces sary to recite any portion of tlio Charter or early laws relating to tho City of New York ; for it is not, and can not be denied that at the time the constitution was fram ed and adopted, there was a Court of Common Pleas for the City and County of New York, and a clerk of the City and County, who waa the clerk of that court. The clerkship of the court was not a mere incident to the office of Clerk of the County, but was a part (a) of the offico. Then came tho constitution of 182I, which pro vides, that "Sheriffs and clerks of counties, including the Register and Clerk of the City and County of New York, shall be choson by the electors of the respective counties.". (Art. IV. i) 8.) Under this provision the Clerk of the City and County of New York has been chosen tiy the electors ever sinco the constitution was. ?dopted, and has been clerk of the Court of Common Pleas down to tho time when (the defendant was appoint ed under the act of 184.1) (Stat. 1843, p. 63.) The first section of that act provided, that the clerk of the Court of Common Pleas, for the City and County of New York shall be appointed by the Court; and this new oflicer shall bo and act as the clork of the County Court. The quostion is whether the legislature hail the constitution al power to pass such a law. 1 think it had not. In el fect this statute divides the office of the Clerk of tho Cit) und County of New York into two parts ; and as to the largest share, in point of duty and emolument, takes the choice of the officer from the electors of the county, and gives the appointment to the court. If this can be right lully done, 1 do not fee any security for the residue oi the office. The Legislature may lake that also, and give the appointment of the oflicer to some court, or to the Governor and .Senate ; and thus the constitutional provi sion lor a ciioice by the electors would be completcl} nullified. 1 do not doubt that the Legislature can regu late the duties, and reduce or take away the fees of the officer, and it may perhaps abolish the office. But so long as the aiuties and emoluments of the office remain, the choice of the officer belongs to the electors of the coun ty. They cannot be deprived ot their right by changing the name of the officer, nor by dividtug it into parts, am translerring the selection of one of the officers to another body. If the office may be divided, and the duties be as signed to two officers, both must be chosen by the elec tors of the county. No other rule will give full effect to the constitution. Judgment for the people. From this decision Mr. Warner appealed,"and carried the case up to the Court of Errors ; where it was ar gued on Friday and Saturday last, which argument will bo concluded to-iiay, by Mr. Wood. Mr. James T. Bra dy and Mr. George Wood are counsel for Mr. Warner ; and John Van liuien, Esq.. Attorney General, and Mr. F. U. Cutting, are counsel for the people. The case was opened by Mr. Bkady on Friday last ; but whether it was that he was conscious he had a von oad caso to sustain, or not, he certainly made but a ver> indifferent argument ; and much infenorto the able ones ; he usually does deliver before this court of last resort, j Mr. Bk*i>t contended that the Legislature had a right ; to pass this Act violating the charter and the constitution 1 without a two-third vole 'I hat the Legislature had the power to regulate the oitlce'of County Clerk ; and that il | if they could regulate it tliev could take away any of its : lees, or duties, or do any thing that they pleased with it | That the Court of Ei ror? could nut sit in judgment on the discretion ofthe Legislature That the Legislature can if ! they please make the office of County Clerk a salaried of- \ Ken. Tliattliey can coustrutionally pass a law depriving , the Chancellor ol many ol his duties, privileges and emo luments, although he is named in the constitution That > tney can reduce ilie emolument to a year, if they please. 1 hat the Clerk of the City and Count) of [Mew York must he put under the control ofthe Legislature, or else he i stands in his integrity, t'n tact, and immaculate. That W arner was Clci k of the Common Pica* at the time the ; Act of 1843 passed. '1 hat if the Legislature could order a County Clerk to keep a deputy, tiicy could take away his emoluments and give them to an oltlcer of their own creation, to be ap|>ointed in any manner tliey pleased. That the city charter recognized but one Court of Kccerd, (the Mayor'* Court,) which monopolized all judicial busi ness. That tlio establishment of the Superior Court took away much of the County Clerk's emoluments, and yet waa perfectly constitutional, and that there was no practical difference between that act, and the Act of 1843, now cemplnined of. That the case ofthe I'eople vs. the Mayor of New York, 36 Wendell, 680, disposes of this whole Question. That the Act of 1831, making the Court of (.ommon Pleas, and allowing this offlcor, (War ner,) to act iu the name of the County Clerk, renders the whole matter subject to Legislative control That in regard to whether the Act of 1819 was passed by a two-third vote or not, the relator (Connor) plead that the law of 1843 " wat paiirH aild thia meant virtually that j it was legally passed ; and he thatavera to the contrary, j must do ao by a distinct idea. That you cannot on j a demurrer show that a law was not passed by a two-third vote. That there was nothing on the re- | cord to show that this Act of 1843 belonged to that class of legislation which required a two-third vote That this act create* a new office, and give* power* to an officer of its own creation, and takos away no power from the Board of Aldermen; that the Aldermen never possessed the power to elect thia officer, but the Legisla ture, in creating this new office, gave the power to choofe him to tome ofthe Judges, (three only ;) and then comas up other of the Judge* ofthe same court, and aay " this is unconstitutional, because you are taking away our char tered rights." That in the Purdy case. 4 llill, StM, the matter whs different ; because there the Aldermen had always had the right to sit as Judge* ofthe Court of 'Judge Inglii, however, has always contended that the law was unconstitutional. ? Note (a) ice Kent'* Charter p. tt, <} 1ft, p. 7 I. 3, (j 97, 28, p HXi. 4 Web. 820. ft Web. 96*. I R. N. H3H, (j 11, l-J. 3H.8.4W,(i ISO, 100. Stnt. 1818, p. 144, cl> Irt2, Stat. 10-41, p. 04. , of took au .1- t? act J?' tho Le^J.lature tken complained uncoru^itutmnnl'OS|? charto,:e<1 ?Kbts, and therefore was thkd ?ote because it wu not passed by a two whlreU^l "',0. referred to the county of Wayne ruse. Contract tie ' orri, iAt ,Le?fi"lat,Jr?' can extend or Peace thon!?l/ft t Jurisdiction of Justice, of the also to tho V.l deprive them of their office ; and a ~ i u c**e of tho People v.. t'arey, 6 I'owan 612 record oMh ? contended tliat there was nothing on the' tual/y Clerk of 1?!? , ?? ?,at JamM ? on0erVa, ? iiv"? oI l''? c?ty and county of New Vork in^It llU"r"ar?u-,1 that u>e court would see in look there wutSKt hy .tho pcot>le in t,,u ra<". that ?,-W o?.,T allegation that one Andrew Warner ha* held and executed tho duties of Clerk of the ivW.rtAr Common Ilea,, and the 0mce ofVlerk of the County and exTOuta?.Uthan7 'BRal ,warrant' ??<' thut he still hold. IntrudedIn" ? S" oud'^ That this Warner lias by what ri*h oVfiM?*' T'd tbcn calls on him to .how . .... ,? or tltle bp ??>? Thon this intruder to troSwe h?mSfyiDK h<\d"es not tl,ink thc people ought t.v ?l?r?? . - ' boca"f? he was appointed to those offices rUuf. ,'"l9?nf- a<,t'"f,' under the law of April 1843 him ludirm^t U,tl# that ,h? Put. in, and i/thi. fails ?!. i'. J!. ^ '"tist go against him. The title ho sets A , ?, t? e'?ct'on hy the pootilo a. given in Sec 8 nuvnnnrt Constitution ; nor is it an appointment by ly by three fc/nrf V'rtU,e ?f U"y commission; but marl lnX Th^ is .lT?tn- ? .Wit: W.luBfter Ingraham and nil i i! I*'"1 sets up and it is no title at all under tlvo constitution of the state. If the functions Clerkof?r3! nf Courtbe (liferent from those of the Clerk of Cofamon Pious, then there is ue title to that IvL . '? Ut 11 *? ." a niattor of decidod law and Wainor s counsel don't aver, or pretend that this office Plea".""!' ? n't' ?,f lh? C,"k of thc Court "f Common i leas. As to not showing that Mr. Connor, the ueoule's officer, is actually ClcrK of this city and county we answer that the people here, nor the crown in England never sot forth their own title. They merely set forth f . 8 fra"chise has boon violated, call on tho intruder to .how light and title, the burthen of proof of which Is thrown on him: and if he fails to make out a"tear a r ii'na h" title, judgment of ouster must bo rendered against hun. (see case of the People vs. Utica Ins Co 1,1 J??.,,,M.on\ > Tbig P^'atitf in error ( Warner ) ha.' ? ki i C*' !f 0UstC(l' ho loses nothing that be longs to him, lie would bo deprived of none of uis rights Mr. Cuttii..! continued?We say that this ulea (of ?MacTfle7 n theaiitahnii 1,10 cafse? of (lem,Irrer thereto are hi?. . ?. l>aKe of the error book. It is bad because the said act ol the Legislature conflicts with the Constitution of the State; *bocau.o said act did ?ot re* flv? a two-tlurd vote ; because said Warner was not electod by the people ; and if the liberties, fcc. claimed by Warner, do not belong to the office of the Clerk of ClarkM^'- th0a lhat 8ai<> VVar?cr was not appointed ?' th? Court of Common Pleas any Court nor Clerk of the County Court by that Court Nor dn?u tie ofH. ?iatT? haS aU7 commission from any one to hold thc office. The act of the Legislature, April 10 1843 is unconstitutional because it conflicts with soc. 8.' Art' I of the Constitution, which provides that Clerks of Conn ties, Sheriff* and the Register of tho City and CountySf ^nHr* ??' "I1 chosen by the people every 3 3 ears rnn,tf"?n 9 that a11 others--that i. "the Clorks ol fiitrd for*i,i H Clerk 1 whose appointments ure pro luiedfot in the preceding section, shall he appointed bu the Court,of wl??f, th8y re,actively are Clerk." V/hat Clerks of Collar thenJlre l,rov.i(led for in the 8th section f and ( ouniv nf v Jh?"' unle" tho Clerk of the City nth ? Now York was a Clerk of a Court the 'V6",'0 *"? Tho motion mean, thli cept the Clerk of tho City and County of New Vork who j. clerk of tho Court of Common Picas " (\lr' Wood subsenuently admitted that it did mean thisS T.ie Convention that formed the Constitution distinrtlv made the Clerk of this Countv a Clork of a t'ourt ail Pleas PCan tl en ?hti0IS th<?i .C'ler^hiI? ?f the Common hU II Legislature lop off tho substance of SittT-StSS ' "'d pi.."! Mr. CuTTi.tr, to show that at the adoption of the Con. stitut'on in 1831, the clerk of this county was clerk of the Common P eai cited Kent's City Charter sec " 29 ?M ' '';. I'- l6- ,7- p ; and Dongan's Charter, p'. fnr Sf'"-' r *'ont^O'Tler|e * Charter, l-.>, (J!). 70, 71 73 for the origin of the Court of Common Pleas. (Montool be Vhiis'?n?n ' I*9,] Thr? Cu?Urt of Common Pleas, it will u '! ate* as far baclt a? when it wa. call f/inoVMay0r l.0o,lrt' C?nl?an's Charter, sec! a) Sec that n?'V1S|.US ?? 0ngln of t"ig clcrk > where it appears th? V<!lt ,wa? appointed town clcrk. clerk of the sessions, and clcrk of the Court of Common Pleas ehar'tre f the^mi""^?'1"?' fl,ie<! the ?rtice,! and ,iis cn.rgeil the duties of register of the city and countv recorder or deeds, clcrk of the Oyer and Terminer clerk of the Circuit lourt and sittings, besides other miscellu At?the ?meethePCoU H?d?|t0 b? inci<lcnt8' to the others. At the time the Constitution went into operation in 18>1 a Mo, various dtiUe. had been taken awav from him by' difftieut statu lev except thc duties of clerk of the cltv and county and clork of the Common Pleas. M&ge --.fee. 1.1 of Dongan . Charter, then, wo find tho orisrin this ronrfT Court of Common Pleas. And we brfng t?W,V reRtin(t ?n statute Uw-aots of the Le^ gi.laluro?to the very time the Constitution went into operation, and show what was the acknowledged law then and thus settled and confirmed. Following it on historically,at pages.UBand 70 olMoutgomerio's Charter section p't! of th?e in the-mh section p. 71 of JV.ontgomene'n Charter,we have a contir Hinjion of all these powers, a. regards the Mayor's Court and Common Plea, that now is. xn the -2f?th section we w,th regard to the clerk. Then, ty re fornnp to tho act. of the Colonial Legislature rVan Schaaick. c<\. of Law., p. 1C9, Oct. 14, 1*1-2.) we find all ThU ii rft ??r t'e'! chniterK were there confirmed. Onee., Un1' J y. ent. page 97. All these charters, - S AnneJ?? Montgomerjo s and all, (as relating to the ?ettlid*hl t?i , ?7?cr.) w* all confirmed, rntiffed and fhi'm' ' 0 e ' "ionial l-egislnture And by the Mh section,this confirmatory act is made a public art ?f 1777* an thes^ e C^0,0nyk R}',hc ?,d '"on.titutlon 01 1/77, all these charters, Stc. were iigain confirmed And by an act of Assembly, 1830, (p. 129, vCc. 2d ) there 3t?5?'anrfC?h mati?? of a" the,<!? ,hu People of the i R?,mc '* declared to be public law, an,I to he noticed by all courts on all occu-ions whatever It will also be found that the Mayor. < ourt referred to in UgTsWro MA^t M?^aKd.'ir^",ea by "C 01 the Msgi.iature. Act 5th, Feb. 1<87, chap. 10, sec. o. Jonos /onesVid^ V'rUbliC rcC0Bl,'ti"" of this court ,!n" . "7- k ? et'- Law,> P- 'St. it is recognised as Keh lHor eX,' fI! Courts of llecord. Session Laws, 17 ? lavflr w (ih 1 * Legislature adverting to this I?ra.?^ .r ?? reC0,?ulscs ,l' a,,d maku" "ome slight al of?hi u. ?'n.' Kent'1' e<l" of Law?- tho history h8m ' ?.r8 ' ourt 1. again gone into and a very clear t nd masterly acc.unt of it gfven. Under the Constitu uon 01 177/, this clerk was appointed bv the wwrnor and council; ho was clork of the Court 0/Oyer and Tor tnho"?' 8r roc.or,'inK o dicer to record deeds , clerk of tho session., circuit and sittings, Mayor's t.'ourt tcc vn And the very first efficient speciflo powers or duties as sigued to him, are the duties of the Mayor's Court called the Court of Common Pleas,and of the (ourt of Sessions he being at the time the common clerk of the City and County of New York. By the act of vlarch II, 1808, (9) chapter 39 p. W section I, and again in I Kevised Laws, 338, sec. 12, Anril a 1813 Sessions'af* C,e* ?f thc, ?yer ani' Tena'ner and the' Sessions are thereafter to be jwrformed by a special ,hn n J? rW"1'"1 b>'tbe Governor and Council. Bv the act of April 1813. 1 Rev. Law. p. 338, sec. 11, the ? lerkship ol the Court of Circuit and sittings were ta ken from him ; and in 2 Rev. Laws 1813, p. 402 sec 159 provision is made for a Register of the city and county 11. k II r,'1*"1' Rnri mort^ges, who was to be hf^ir thi 5 . Oovc1rnor a"d Council ; thus depriyinLr U ?l#rL Jt-cordimrtOmcer. Thu. we find th ! ..?..'i "w .gI2,Hy1 ?PPO'nted. and how; we find lerk w . ? . / ,Clty an<l county recognized as a C lerk of Courts (and show that at the adoption of the Commnn Pl" ? |Wai Cl?rk ?f n0 ('0urt ho,i(le that of the Common I lea.) by various public Legislative Acts ; and p?I .nH,am? ?,V W# *? lh" Court r?cogni7.ed, confirm , i ,t0,W't, by Acts of Keb. 5, 1787. c. 10 : ApnlS, 178,, c. 72; Jan. 3, 1797, c. I Keb 17 I80H r 11 An4 so on all distiactly and directly down to 1826, when he was recognized by a public act a. clerk of thc citv and county of New-Vork, and clerk of the Court 6f ommon Ilea.. And the perfect history of which we fi"d in Kent. City Charter, n. 164, ifl-,, 154, was ??1 ler>'?f "le " countr ?f New.York then, Co'urt ?f th* Common P'pas called tho Mayor'. tIi' !'!er!! ?i !he ?>'er *,lrt Terminer and the Session*. 3d. C lerk of Circuit Court and .ittings, 4th Recorder of Deeds and Mortgages. And he possessed all these powers as Clerk of the ' an'' bifc fr,t 'pacific duties wore those >,f 1 lerk ?h,n. ?r .t m?n, Hi' main were the Clerk t here to I?,?? ,he other" were incidental l .hn^.u ? C,7rly *how ,hat "" these duties wore Wtof^rih^"^"" b> ,h" LeJfi"lat?ro. The actol March 11, 1808, c. 39, p. 26.\ sec. l.of the Law. ? ??1C '"i ^ w hat officer they had in view when they wero eg,stating; ,he clerk of the Common P|?a,, who w as the clerk ol thc county. Alter thc statutes was left him with only the Plea, and County clerkships the clerkship of the I ommon Pleas was distinctly recog. n zed as belonging to the clerk of tho county; for in the or th!WrP' i j' n* an " Act concerning tho seal ron.i" " S??nm P,oa,l? called the Mayor's < ouit. passed April 15, 1818; by this act the legislature ^cognized that there was a clcrk of the Mayor s Court fn . tf ,h C of t ommon Pleas, who was authorized to use the new seal made for the Common Pica, instead <W?tn h C y 1'. 1 ,t? c"",e the seal of the Mayor's 2,?., "? ftl ?,C(1 ,M to in.ert its new name, an J thi, an^?m. as j cl"u of thc county well known and notorious- and wa. charged to do these specific du h -o y?."VU,ere '* th? actof K?h- 'M?, Sc., Law. ch. 79, p. #4, 5, .ec ll, b? thi. the name of the Mayor'r Court wa. altered to that of Common Pleai.Vnd anaddi inUr ?dg? .W,V t0 b" appointed; so that always after this the Mayor. Court wn? to be called the Com mon I leas ( ourt; and tho act expressly specifies who shall hold that court, viz. : the Mayor, Recor der, Aldermen, and Klr,t Judge 1 these an all ?f the Common Plea, aow.and form that court, .0 that here, in 1*21 thi. |M.yor'? Court, (a. previou.ly existin(,)to most fully recognised,and continued, thc title thereof only being chanrcfT By tho 13th .ection of that act, it sa\ ., It .hall be the duty of the clerk of the said county, lie., Itc., to Muse a new seal to he made for said Court of ( ommon Plea., k.c , lie." Here then is a re cognition, full and clear, of thi. clerk and of hi. da tie.; recognising the clerk oi the count) as clork of the Com mon Plea.. Till. wa. in February, 1821 ; ju.t before the a< option ol the Con.titution. On this, with tho full knowledge of all the.e laet., the convention met, and ac.ed ?ery fully, deliberately, and clearly, upon the office and duties of thi. deik; and at that time, S'ov 10, J? ,i0 fWtk of the city and conntv of New York wa? clearly aud legally the clerk of the t ouit oi I Common Pleas ot the city and county of New York, by cotemporaneous exposition, and by the gei - ral understanding and action of all parties, and down to 1813, ho did so act as clerk of the Common Plea", without interruption. All that was done up to lo.fi ! was known to the Convention, and the mode ol this clerk's election thereafter was long discussed ; and as a highly importmit office it was given to the lieople. It w as argued most elaborately, and his duties distinctly 1 defined, by the ablest talent of the < on vent ion. And oil tho 11th of Oct. 1831, a report was made by the Secreta ry of State of all the officer* in tho city and county ol N Y in obedience to a call ol the Convention ; (See I Carter and Stone's Debates, p 387, Oct. 9, ifl,.Nov ! l ?> and 7.)1 Aud when the Convention fixedthe modc ot his election, they did so with a ful Wnow^dgeofall the functions and offices appertaining to htm.it the time the Constitution was adopted, (See 35 Wendell p. M. It was not a building up of an entire n,0^i^*'u" ' in)cxis. Thus, then, tho Convention found this officer i i tence ; they found him in the lull J?!"*Vand^molE j exercise of certain duties, rights. privileg ! mentl ; they found that one of these duties was tno clerkship of the Common pleas ; they mad'? his duties ; but, moreover, they sav, that this then was, should thereaiter be elocted by the Pjopto . that they would not lop off any part ofl?U o t>ut bring him in and adopt him as he was with all the e?en tial powers then belonging to him. And ta'k,"k **e" extrinsic facts,they involve not a particle of doubt They then take this officer who had pwviously been elected by the Governor and Council; and by the Hth section o, the Constitution ol 1821, savs that hi with all clerks o counties, and sheriffs shall be chosen bv the people_ Did they mean an officer who was then clerVofthe I Pleas ! Most certainly ; or olso. speaking of^a known ' officer charged with those, bis main duties, the) *oul.'J | have made that exception. In tho 9th section when it ! says, that those clerk, of courts, except those j provided for in tho preceding section, sml 1 e npi.ointed ! by tho courts, fcc., it can only mean and n ust meani e cept those clerks of counties, including the clerk or the city and county of New York, who is clerk of thei Com ! m0n Pleas for eo nomine there are no clerks of courts namod in the 8th section. Mark of Mr. Woon here said that he adrnittedthat th* clerk o the city and county of New York was then clerk of the Common Pleas, and that such was the meaning of the 8th SCMr? Ci TTi^c.-Then there's an end of the argument ; for that admission is utter death to the tiUe> of his ch<bt Human reasoning and human langu ige^must utterly jail if there can be a doubt after tins. B"t Jl' . , ? learned friond means to grapple with this difficulty ) saying, that under this 8th section this clerk n , be el ec.ted tiy the people, and that he may also he elected b> one or more of the judges of the courtifthcegisla.ro *o order it For no other man can make so much out o nothing. But U it competent for tho legislature, after en grafting this on the fundamental law ol the land, to> a> that the clerks of other counties, after all, sbnll be ap pointed in some other way than by tho poople And f not so with regard to them, why can it be so ? ith :regard to the clerk of the city and county of Now V oik J lJoes not the mantle el'the constitution protect h m u ally as it does other county clerks ? I)\ the lUh hTO.ion of tho 4th article of the constitution.it iB ^ ?? the clerks of courts, except those whose appoii t.nent is provided for in the preceding section, ?t>all be I by tho courts of which they respectively are ?lerk,? Now, no clerks or courts are provided fof bjrJthetniwne in the preceding (8th) section. But the well .^clerksof torical fact that clerks of counties were then c erk. o certain courts, makes the exception m 'ecnon at sensible and pertinent: and its necessary eflect is to keep Countv Clerks from the purview of this section In oth er words, and to apply the provision to tho case before us, the clerkship ot the Court of C ommon t leas o! the City and County of New York was excepted from the 9th section, article 4. Constitution, because the Clerk of the City and County of New York, whose appointment was provided for in the preceding 8th section, was then Clerk of such Court of Common Pleas. This is support ed by tho contemporaneous construction put upon the 8th section of the ith article, which shows tho sum mJ meaning universally attributed to it. And I in regard to the effect of contempoianeous exposition, see 1 Coke id Instit. pages 11. 136, 131. (a well known maxim of the Law.) 1 Story's Com. on Const. 383. Now we reach this point; the 8th section clearl) em brace? this case, or it does Aot; if not, it comes within the 9th section ; and then he is to be appointed y I CW of which'he is to be Clerk. And wha was the I composition of the Couitof Common 'oas _of the UU and County of New York at the adoption of the < onsti stitution ? Why, it consisted ol the Mayor, Recorder Aldermen and Kirst Judge; and it has so continued (with the addition of two Associate Judges.) dow n to 1. 43. when this act that we complain of was passed. And this act therefore deprives the Court ofthe P?**r "^.^"'wo insr anv Clerk, and gives it to the t irst Judge and his two associates ; cutting off the chartered and constitutional riehts in tiiie particular, of the Mayor, Recorder, and i \ldermen. This alono conflicts fatally witht!>c9thsec> tion of the Constitution, if there was no other objection Those three Judges are not the Court; uev,'r^a". Court v nor does it help the matter for the act ol the Le gislatnre to sav that these three men shall, for a certain at I., tof"J ted at the proper point to say, that the act pM?e<lI in 1826 fully recognized the right ol the r?"n,y er st as the Clerk of tho Court of Common rlcas. (see Storj on the Constitution, and Coke's Institutes.) Mr. C. continued?When, then, the 1c?nR'i','ti?" that certain Clerks should be appointed by the Courts. did they mean " by the Courts as then organized or, did they mean iy Michael Ulshoeffer, K.q.,or one of the Judges, or two, or three of ^CT". or bv the Court as a perfect Court ! Look at the Su preme Couit I What constitutes it f Three Judges. Sup posean act was to be passed saying,that the junior asso ciate Judge of the Supreme Court shall ?pi>oint clerk and that he shall be ?deemed" the court for the time be ing Would that be constitutional f So as to the organiz a tion of this court (Court of Krror?.) Suppose a law passed to allow oik of its Judgesfto appoint its clerk . Or,suppose that the Assistant Abferman of the 3rd W?rd.houlJ by an act ot the Legislature, "be deemed | the Court ol Common Pleas for the puriiose ot VP?'""."?^?ther Would your Honor; allow th s 1 Certainly not, neitne in the present instance, which is precisely analogous I You arc bound to take recognition ol thecoustructionol everv Court of Record in the State. And jou must see i that all this is a palpable evasion of tha Constitution, i o I iay that anv part?any portion of the Judges of a court shall for certain purposes, fortlic time being, be deem ' ed ? th, Court! Why, it would be an infamous evasion I of the letter and spiiit of the Constitution. Besides, a I liberal construction is always to be made in favor o the people in all these matters ; and it is not compatible 1 with the duties of the court, alter a new principle has I been engrafted on the law and the Constitution, to give it a narrow construction, aud to make it a mean, lean spectre?a miserable phantom ol power-a gross de e, pM(] Sca fruits that tempt the eye, But turn to ashes on the lip." ... *nd Justice Bronson was right in the decision he ed. Yon can't lop off it. vitality. II you can chauge it at all you must give both branches of the office to the people and" ? to tL court. But this law doe.inoteven five it to the court. It gives it to a fraction ol the couit. fo three men, who are i y it made the court lor tho time beinir Now, can you thus give things wrong names, and tlien make that a pretext for overturning the princi ple. ol Uie Cons,itutioPn and stealing away the^chartered riithts of the people ! Most certa nly not The 7th sec tion of the 4th article of the Constitution provide.tAat i lust ice' of the Peace may be removed by the Count) , court for cause But woujj I. be 1 ^un,V^o^AforB th?.r time he?ng. and .hail have power to remove a Justice ? Who would dare attemp {hus to infringe the rights of the people I and yet that would not be a greater outrage thereon, than wuat ttt MT'c^rtiiwo "here "again referre'd to the opinion ol Judge Bronson (given a^ove) and to the *?h Wendell i4 i.er Bronson l.Varian's case, to show that though tho Convention gave many thing, to the people, it took that the Clerk of the city and county of New York, being an officer whoso appoint; mentfia. been provided for in the (/'""t'tut on. tlwt neither tho 13th or 15th section, of Uic W? nrticlle tan apply to hi. appointment. Tho clear object of , he P atews piasJS st H 5? ?? r&Sffea jts i 53 n,.,- b.lb.1 li ? "i'fSL -Thort U?thcr. c.n k. ,U .ho,H ? Vonr hOTwr,will,.m*mh.T ^ ^ case, where you ?ai4 you d go behind |H on ^ Secretary 's office, if necessary . to g?' u t point. In 1841, a law was passed requiring inai ^ ^ third B1IU >ho.U N, <??"'??? 10 d in ?st the Court of Common Pleas? HavcTou not nut it n? C s?y? ?"??ssr sn vnto nr^ "'Hc?r? ?therefore it required a two-third facta "rru^vn,!1 0n<l, ,do Judicially L?>w ail these tci llut Ih'I.v ?*??>* bound to noticc a private char act .,i!( h become* incorporated in a public take u Uciu^V- ,",^ (uud f"rcel that act, you must ssaMv ?< jussar;m- - rv to'imt on ?7nM?th''1" 6 th?D' thut " is not "????? ar. li ? ,reco,r1(l tho ?>*ant2ation of the court : you aie bound judicially to noticc it. The Act of IRIS 1? im sec\Vn" of'th "t"1 V?,u' t,'ecaufe il conflicts with the Htli ?ourtuffn?! Constitution. If not the Clerk of the der the 9th erM U"der the 8th ??ction, he is un proiver ?n!i ,..rer?r'!' tob* elected hy the Court and tax s that a im?/ ?f ?i t ^e^iiiuture that comes in constitutional :md void An 1"?? H if*fCt 1'i"1' S&sjsssss"^ Of the WP r And th?.er* the rights iipmh nfH V1 ?* fe P?,nts? ant* a clear and valid title to the I sss ftagssr ~ "?"s'" ??*??' ^ttorney General followed Mr. Cutting and was , "ucceeded bv Air Wood, who clones the argument I he length ol this article prevents our giving the verv STrSSSSUffi v-? ! 9era,?n delivered In St. Pefcr'a Church, Bar cloy afreet, on Sunday morning lui, hy ?h? very Rev. Dr. Power. shortly after ten o'clock, on Sunday week, i* being known that the very Rev Dr. Power was to deliver a sermon on the subject of ihe " Supremacy of the Pope," the church became densely filled with persons of all persujsions, anxious to hear this uni versally beloved clergyman on the above ini|>ortant ami interesting subject. Th<- reverend gentleman commenced his labors by saying: ,I.Jfe^ol,iductrine touchiug the supremacy of rtiePoue, can be expressed thus : Christ a..Sed church on earth unri.-r him 'V - ' ? 18 tnin8rnitted to Peter's successors, " ! 13 or^"Hry successors are the Bishops of limine and in order to Show that I Mat.- ,his doctrine laiHy* and to demolish thepredjudice th itc .lls it a novelty' and in usurpation, 1 wilf quote lor yon the words ?'f ? ami Augustine, "lam held,"sayshe, "in the ciiurch by the sumou ?1 Bishops turn bless,-d Pe er ,o whom, the Lord entrusted the government oM tlock. I will now draw niv lirst argument in favor of Peter's primacy from the words of Chr st and by poking to the 16th chapter of the Gospelaccord wSi h u,'d 18th verse, these words will be found : "J s;ty to thee that thou ait Peter and r? ,'9.J Wli bui'd my church" Now if Christ, the principal rock or foundation, be the head Peter -m |U| i' bplcalls1f "'e church is built upon him, 'k ? . u a'so,',e the head of the chuich under Christ, because the church i* fmm/ia/i u . Christ- l founded on him under f nrih'. therefore from the reading of the text m the mfi ? haJd,UC '? which Christ spoke it is a ntt evident that I 'eter was made a foundation of LCh"riUnlertrh'm zIn *i??*on?WSSroni mi., /'uni art a rock, and on this rock I will build my church," This text has a very fanciful m erpretat.on as given by the fanatics, who1,hat LilV8"? T" Peter, arid then pointing to himself .aid, upon this rock I will build my church " but this interpretation was not sustained b?leLraed Protestant Commentators. Here the learned pen tleman quoted Dr. Maub and the Germ"? Rolen, muller as utterly hostile to this interpretation. The reasons in favor of it were utterly demolished and rom the refutation of those arguments, 1 will'pa's er "Ttfth*" n?11?11 ?u'hP words of^e Pedeem Heaven " sil"' "je kf>'s ?l,he Kin^om of i Showing clearly that Peter was made a foundation by Christ, and not onlv u ThUonKf','0l"' -.,a cb,ef '""ndation under himself The Kingdom of Heaven means the Church the ke? u!Ln?'?"F t'le H?*tbens ara emblems of chief authority -the Prophet speaking to the Messias said "that C.i ^C; f. ? V'? bouse of David would be placed on his shoul der. an i tho Messia. said to Peter, "to thee will I '> nf" ? k'J0 KinK',oni 0( Heaven." Let any one t?n? port himself back in thought, to the time of Christ-let ? ,hI'?^,"<f.,I'?. h,the h?nrs. Christ addressing the Apos les thus : ? i ou are the light of the world, you are the mountain on which my city will be built, you will be hi^J Prophets in the foundation of my church ; .v?..^re 18 .0I'? *ll0"11 1 wiU give supreme command over the rest, and thou, Peter, art that person." In view mi? th~^n.m" P'ty,tt;e weakness that will refuse to ad ir it the supremacy of Peter, because Saint Paul has said tl?.a- Wr 8 ?C ?? .'!. ?n tho rr?PbcU, and on the Apos ties. I pto this, the words of Christ to Peter we-e merelv promissory. "Thou art a rock, and on this rock ."" '.build my church-to thee will I give the key. of w6 ofIlHeaTen" Let us now soe if this promise was lulfllled. It was. For Christ, some days alter hia resurrection, said to Peter, "feed my lambs-feed my p1*?.!1; . *h? '?eil> be re means to govern, anil C hrist in the 10th chapter of Saint John, called hia church a sheeplold. And here he gave to Saint Peter power to lecd the whole lold, both lambs and sheep?pas le?*7ilVCA' 'If" ??'he/,a>- ofh" resurrection in "?o!earh ^fn !'0 ^,th th? aP?"tolical commission, V .? a".,n,5Jons> whose sins you shall (orgive, thev m. o Piter Mf"t',some ?>?y.aifcr his resurrection, he sa>s to I eter, feed my lamba and teed mv sheen " Now. either Christ gave no power to Saint Peter, or ie gave him a power common with him. But to assert that he gave no power to Saint Peter on this occasion, would be against the words of Christ?"leed my lamba and feed m> sheep ?words which were addressed to Peter ex clusively, and not to the other Apostles. I must now al lude to the manner In which the name of Peter is intro duced bv tho tvangelisti?"Simon and the rest. " He sai.l to I eter and to those who were with him, "tell it to the discipjes anrf to Peter." Xhe cntical reader will say, from this way of mentioning Peter's name, that he had authority over the other Apostles. The word Michael and ins angels, in the Uth chapter of llevela nous, will not give us an idea that Michael i* an arch angel, if the words just alluded to do not justify us in snyingthat Peter was placed over the other Apostle*. The learned gentleman here again read from the 10th chapter of Matthew, a catalogue of the Apostles?the first I eter, lie. lie. This, said ne, made so powerful an impression on the mind of Beza, as to make him say that th's wordJirti, was introduced into the text by some stickler for the primacy of the Pope. I will now allude to some of the actions of St. Peter, which are recorded in the Acts of the Apostles, which evidently bespeak hi* primacy. He proclaimed the deposition of one Bishop and the election of another. He convened a council ot tfce Apostles at Jerusalem, and the Saint James was the Bishop of Jerusalem. Saint Peter opened the proceed ings of the Council. r Alter displaying a vast deal of biblical and acute criti , cism, in answering the leading objections against the pri j macy of Saint Peter, Dr. Power passed on to what he called the other branch of the subject, and said : That aa | the authority conferred on Saint Peter was purely minis , terial, and given for the benefit of the Church, it was al ways to last in Peter's successors. The ordinarv suc cessors of St. Pater are the Bishops of Home. And to Quote the words of the Bishop of Mllevi, a see in Nniae dia, who said, against a Donatist, in the fourth conturv that Linus succeeded to Peter, that Clemens succeeded Liiuis. and ko forth. St. Augustine tf.ive tho sumo rata iogue of the succession of St Peter Philip the Presbyter, in the Council of K.phesu*, said that he was sent to that i ouncil by Celettinc. tho ordinary successor of St t'eter. Tho Oreok ami Latin fall-era have aiimitteJ this succus sion. The Uenural Council admitted it -ecclesi.istiral . historj attests it?every light that le.i's to Chrht.anity I throws a flood of evidence on the subject And in cori I elusion, I assert and affirm that, if we ;e>ect the Pope's ; supremacy, we may fling the New Testrment to the \ winds, and herd with the infidels. Ei.kctro-Magnehc Tilegraph ?The Electro MiUinetic Tcl'-grH|?h betwern Washington and Bal timore, since it became n branch of the post ofllce depart ment. has for exceeded expectation. The correspon dence between the merchant of the two cities. ii con stantly carried on by menus of thi* Important invention ; and we learn that it i* frequently the cute that order*, received hern lit one o'clock, P. M., from H ashington, are filled,and the flood* placed in the freight train ol cars at tlitee o'clock the same afternoon, at which hour the reception of heavy good* ceases for the day. Order* for small package*. received at half past four, are attended to promntlv, and the good* forwarded by the passenger train, wnicfl leave* here at fire o'clock, and reaches ! Washington at half past *even o'clock. A deep interest f* now felt on the subject of the tele graph, and movement* are on foot which will, it i* thought, *oon *ecnre an uninterrupted communication between all the citie* in the north along the Atlantic coast. A gentleman now travelling in the we*t, in a let ter written to a friend of hi* in Washington, under date of Illinois, May 89, sav* You can have little idea how much interest there is felt all through thi* country in that nstoniihiug invention, Morse'* Magnetic Telegraph. \ Men are excited about it, and are talking now of order ing their good* for thi* immense west through the tele graph. They ?ay they mint have it.? Haiti morr *1dr*r '[ liter. I'wxjrkss of the West.?There seems to be no end to the iinimttnuion here. Every stpumer cornea loaded with the real hardy emigrant, and the street* look a* lively a* in Buffalo. To-day, there ?a* a *nle in chancery, of two lot*, in the east ward, for $6,700, ca*h up. The lots had been mortgaged to I harles M. Heed, by Solomon Juneau. The pnichater i* a Mr. Martin, of the city of New \ ork On the burnt district, nintcen stores "will be put up this summer, all of brick. A tav I ern i* already commenced of brick, rtO by 100 feet : also a number of stores are now in a state of forwanlnes* The brick made iu thi* city are beautiful and durable. I i send yon a sample of *toek brick? ? medium betweeu ' the pressed and common kind. Notwithstanding all of the improvement* in the city, the country keen* ahead l of it. Produce I* about the same as in Bnflklo.? Mil | it auktt LtUtr, Jun< ?>.

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