The New York Herald Newspaper, February 10, 1844, Page 1

THE NEW YORK HERALD. Vol. X., No. #1—Whole No. 3611. NEW YORK, SATURDAY MORNING, FEBRUARY 10, 1844. To the Public. THE NEW YORK HERALD—daily newspaper—pub- Hehopavers ay Othe Tees exoent ‘New Yeer's day and Fourth of July. Price 2 cents per copy—or $7 26 per an- \—cash in advance. a in adv THE Wi YY HERALD. every Saturday cents per copy, or $3 12 per annum— bart in advance. ‘ERTISERS are infermed that the circulation of the Herald is over THIR‘'Y THOUSAND, and increasing fast. It has the largest csreulation of any paper in this city, or the world, end ss, therefore, the best Sor business men in the city or country. moderate—cash in ad- vance. PRINTING of all kinds executed at the most moderate price, and in the most it style. JAMES GORDON BENNETT, Paoraixror or rue Heratp Estas.isument, Northwest corner of Fulton and Nassau streets, WINTER ABRANOEM! ULE OR, ALDAny, ‘ork from jing at half or glace fos ri clirentons ons Wis Rat chemea see Yara . passage or Freight, appl: board, ) fo of heey ae i aPPIY om Pe PERRY: Asse. lec PATERSON RAILROAD. wo 7 Oct. 24, 1843, the ears will leave Patgaion Beret Dat PMe Ht en ty Your. we: PM. (The Beiday Trains will be discontinued until farther no- ce. ¥ leave dpily (Bunda) seeped.) Passea- s wor ay v “a Wer ur aieethsoel ate Piscean Stas “—— ADAMS& COS OVERLAND Pave AGE EXPRESS, ; KBRIDGE, 8PRING- BRIPOEFOWT ELD AND WORCESTER. i Pl in oak Merchandise Torany atthe sors pli FUR weawlaricy. “atheir Barat Kxprese wile fenve. their office, 7 Wall steed ‘To-morrow Morning at 9 o’clock precisely. ne irous of availing ves of this conveyance, are gunned io sea their puckegen (0 the offee the eveuing Previous. ss ‘This syrangement will bs continued until the opening of the Sound Navigation Keine ¢ b ae & CO ,7 Wall street, NEW*YORK AND HARLEM RDROAAIL COMPANY. t, 1843, the ARRANGE- pals ki MENT. On and * a " ail lowing ¢ Fait Leave the fall at * as follows :— }, 10, 10 30, & 11. er MY 30, 10, & 10 30. . 4. CARMAN, See’y. ON FNGLAND, IRELAND. ey a? bene Sirti tet chains D &e.—] isabout remitting money to their ends o be supplied Withamfsingumsctet sack, £27 ci0, £20, £50, £100, an eee payable on lemand, without discount, ¥. 'y other el at the National Seat'ot Trclawd, Frovfaci) ‘Messrs James Balt, Son &Co., Bankers, London; Co.,, Exchange and Dis- rount Bank, Liverpool; of ‘Seotlandy & ’ Beskin Company's Str Wa. Forbes, Hunter & Co, Sco:lands feud Scorland aud Walear which dralts will be forwarded by the steamer Britaunia, leaving Boston on the Ist heerseny, Ap iu ‘Corner of South street’ Py a ta thet apress relay abortions eon ae Fens eesary, enue etm athe alo, termed the for the transpor- iate places, pecie, bank , bundls nd pack- Of goods, lor’ callestisg’ bills; notes; drafts and secousts, wah ieee ables arriving jn Albany the “Fae en MOP EES 8 Pate NisW YORK AND A AD EL EHLA sRUAD LINE Fox Newaax, Newsavrswick, Painceton, Tuxsvor, BohbesTows Ave Buauineron. So Seater to Camden (opposite to te at ees orem ar, Ex eee Pocumaing, the base love Patladely bia, Fae . Nid: NEW JERSEY RAILROAD AND TRANS- PORTATION COMPANY NRW ARRANGEMENT, COMMENCING OCT. 16TH 1843. rena Cie rvs low At2 NTS. Newark, AeA. At ig PM 24 cents Rahway, and, New Brunswick tickets at om of fe Fickets are reevived by the’ con then parc ween New York Rahway and bet , es ak revmooaygarege ea MR QUREN Ge EES*™ they deh mie HOPE, mt hat Wir 21 Nov’s y sailing, first ene vy La ‘com! ‘of exper di companded Or on the ist of et regan ous he hive will be respon, ing are } . erent OP OODHOLL & MINT! 4 TiELDEN RROTEA At ld Liverpool ‘ 6 o'clock, to ‘ur Bridgeport, Van ton. ealled fur foal Hates on Bicadway. Seats to ve seeused at Ht u wigan grill despa a worse s Fe |, 1844, EW, ee, Ph: \ Li if this Ii i Ni Pert rr ead Nitec a ntl te eat es BE 18 ca \ january. ses lows, viz — New Bhip onema,""™ ita Ship saAOHE ee ‘ ward Funck. ¢ lst of Ship Opie. a a : rowangheateerst faa (i Gi Ist October. 4 16th November. J.B. Pal, it Pobnary. 16th Ma ioe ynesl cay "peers eu teetatd ies elt ic htt exertion of wince ‘and liquors. gy Tele forwarded by the sub 4 fro ex tually in- ‘Ried Ga thems.” Por fight ce aus ra = Je2see No. 9 Tontine Building. cor. Wall and Water ¢ P. AGE FROM GREATBRITAIN AND IRELAND 3 iE ‘ALL LIN} sia LIVERPOOL PACKETS. Sailing from Liverpool on the 7th and 19th of every month.} if piling from b to send to the Old Country for their friends gan make the necessary arrangements with the subscribers, and have ior Line of Pac! i ing | $27 16; J. W. We uy. ; fom Wicca metctealls gatas tia gad tich of cree meats Bey will also fave fr rate cage of Americgn pear sailing’ every’ six day affording: weekly ; ; ; f the fi James D. Roche) i Eg af, Oe Caen ort eee patch. : houl ies agreed for not cor it, the mouey will Br Greg ye egret eprge e aPlie Black Ball, or Old Line of Li f Pre of Ole bis f erpool Packets, comprise a2 mea Mth NEW YORK v. ” LY KONOB: SOUT AMERICA. ENGLAND NORTH AMERICA, With such saperior and unequalled arrangements, scribers confidently look forward for a continuance of port which has been extended to them y years, for are grateful, a Proceeding, itt joney to their relati' acalltines objain Bins acalaht any amount, drawn ya , or on the “Mest, PRESCOTT, GROTE, AMES & co. ied wilh bo paid On. Seems “aang ot’ ea Maple ov veeks ss, jn all the priseipal towns throughout ‘Pugland, ire- in 4, Scotland and V = ROCHE, BROTHERS & CO. 34 Fulton street New Yor! next door to the Fulton Bank. * N. B.—-The Old Line of Liverpool Packets sail from this port for Liverpool on the Ist and 19th of each month. Parties returning to the old country will find it to their comfort and advantage to select this fuvorite Line for their couve preference to any ot can rect, * LIVERPOOL PACK: ‘on the 25th and siverpool om the Lith ut each month NEW LLIN To swt trom New York ‘Rom Livenroo. in A.B. Cobb, iith F Shp BHF: AN, Captain F. A. Depeyster, 11th. "hese ships are'all of the first class, if 1000 tons, valle te tnectty of New Wark, with’ seek Lmproversonse co) Ship 8] ppONS Ce improvements as great speed with unusual eomfort for passengers. in the arrangement of their aceom- dations. The price of ce is $100, tor which ample stores will be provided. 1" ips are commanded by ters, who will make every exertion to give ge Ni mt ir Ae aan will be responsi- jeither :| ships - ole for any letters, parcels or Packages seat by" thems, unloes 7 rojar ll of Se A a nk. 3 ¥ Os, 58 South st. 'N, SHIPLE: 'O.., Liverpool lew York, uy wo itlen, Parsonstown, magh, Ballyshanno Letters by the packets will be charged 123¢ ceuits anit 4 OLD tal ih) ED PASSAGE OFFICE, and the public in general, to. the following arrangements: for of being by the Regular %th—and from London on the 7th, 17th and 27th ofeach month. ships, to sail punctually every weel throug! 7 = lowing Banks, vi ; ertoke f ‘oxford, Ef neymore, Kilrush, Di he City Bank of Gi: beet ; 50 cents per ounce, and newspapers 1 centeach’ de ANGSMUNTS FOR 104 Lis ine street, corner of Soath. ae eave to a favention of a rend 1644, for the purpose jing oat cabin, fal cab, and see age passenuets, by ine of Liverpool Packets, smi ing the Ist,oth, iith, 16th, zistand 26th of every month. bs the Londo Packets, to sail rem New. York, the lat, 10th and In connection withthe above, aad for the parpow a af to he subscriber en lisheas reyular line of frat clue New York built, copper year, For the accommodation of wishing to remit money to ie {ami or fread, ‘rane are given, payable at sight, on Downpatrick, ‘ Dungumnen, Bandon, Skibereen, England—Messrs, Spooner, Atw R. Marphy. Waterloo Ow. ‘& Co. Bankers, London; f jarphy. W Koad, Liverpool; payable in every town Mor further information (¢ by } i,) apply to ‘or information paid.) apply MOBEPH MeMURICA Cid ioe sieet comer of South, N. ¥. Or Messrs. P. W. BYRNES & CO, 36 Waterloo Road, 9 mere Liverpool. ROCHE BROTHERS & COS PASSAGE OFFICE, 35 FULTON STREET, NEW YORK. SSAGe, FROM LIVEKrOOL. In the tollowing Packet Ships, vizi— ‘he NEW YORK, sailing from Liverpool on the Ist Feb. COLUMBUS, eo 16th do «The YORKSHIRE, new, do do oe ey ot the Peaks comprising tne Old Line sai that port on the lst and 6th of every month. ‘Those seuding for A friends will find. it to their interests and ‘comfort to ise our Line, as no possible retention ou em can ven. Pessage Certifientes sont by the steamship Hibernia, sailing from ‘on the ist of January, will have. Pleaty of time to to come by the first named packet, or im any o! the erat and unequalled packets, "ersons remi ‘money to the old country obtain from: ths subscribers drafts i Ist March, ith do ing feom can at all times t sight tor anv amen rawn direct on the Royal Bank of Ireland, and on Mes: rescott, Grote, Ames & Co., Bankers, Londoo, which are pai free of discount in every town througnout England, Irelan Scotland and Wales. asc (it by letter Passage, to t = wy to RHE MOTHERS RCO) d30re 35 Falton at, uext door to the Fulton Bank, % "3 TA GENERAL EMIGRANT PASSAGE OFFICE. Al The subscribers bex to tention of their and the pablie ly to ¢ arrangements for Tolan HE BiglesdTelend, Sedan aed Wetean ny MP e NEW LINE OF LIVERPOOL PACKETS, i GUE Seta or, . tons, i Riper. He HOT HNGUBR. Jon tons. THe EhVistPOtbe 180 tons 9 tad 3 He UNEED LINK OF LIVERPOOL ratkers, st cl American packets, sail cempored of su from Liverpool four times in each mouth, are the ‘ships in which those whose passage may be ved with the subseribers witl come wut in, aud it isa well known fret above named ‘ase the most magnifice.t ships afloat, and the frequency being every five davs) prevents the pessibility Of passengers being unnecessarily detained er e airdless of expense, in order t_ meet \d the wishes of thesr friends, Mr. Wm. ‘T: firm has Kone to Liverpool to superiutend ie of sach discoaui or any " land, ireland, of APULY (it by Lecter, post wxs.t s) to abscorn, 43 Peck slip, i WM ‘TAPSCOTT, Liverpool. ©" ————————_ LOUISIANNA Ni iW YOuEAN: OF PACKETS p commen I May, when regular day remainder of the year, whereby ents will be prevented during” the summer mon wing ships will commence th gement : i AO “Captain Coruell ea New York, express» lave recently , with accomt tog q lowe ppi by stem q ther the owne theee ships will be respon sible for Jewelry, bullion, preeious stones, silver or slated at any \ertate, pares! or b m,n ills. of in ue thereun exprenued. tre her dhe te a ae 0 who will promptly forw: goods to their add: ipa thine f ragante al pune fm ly measured, le | early part of STATEMEN In Relation to the Condition and Affairs of “The North American Trust and Banking Company.” ©. Pea LOM EM >, MAM cia: tie Thomas G. Tulmage and William R. Cooke, the President and Cashier of the Company, were examined on oath, before Master Sidell, in rela- tion to the property of the said Company; and on or about the 20th day of October, 1841, Thomas G, Talmage and William R. Cooke as such Presi- dent and Cashier, onoath, assigned and transferred to me as such Receiver, the securities and effects following, (viz.) ‘1 large mahogany desk and case of drawers, 1 mahogany office clock, 1 green cov- ered table, 1 large curled maple chai ordinary do, 5 fancy chairs, 1 fire screen, — yards Brussels carpet, — yards oil cloth, 1 map ot Auburn, 2cover- ed desk stools, — tons coal in vault, 1 gilt office clock, 2 green covered tables, 5 maps, é desks, 5 office chairs, 5 stools, 1 gold balance case and stand, — yards ingrain carpeting, 1 looking glass, 1 circular desk, 1 black trunk, 3 tin trunks, blanks, blank paper, inkstands, candlesticks, &c, 1 red covered settee, 2 specie trays, 1 water barrel. P. Stuyvesant’s check $10,000; check on Real Estate Bank, Miss. $1,130 06; 1 Arkansas Coupon, ‘bb’s note, 3,090; C. J. Ruckle’s Rote, $25,387 68; H. & L.. Thompson's note, $515 81, do 851561; H.'& 1. Thompson's note, $515 87; do. $315 61; J.D. Beers’ not , do $27,090 21; T. L. Servoss’ not D. Clark. son’s note, $791 90; M. Stapp’s do $961 19; A. Horner's do. pro’d, $604 97; 8. D. D: kin’s Bond, bia a F. Campbell’s do. $2,950; 8. D. Dakin’s 10. $380,000; J. A. Gilman’s do. $800; J. W. vaeee do. do. $10,000; George Bowen's note, Eastnan’s do. $817 25; J. Ketchum’s do. W. Carter’s do. $266 95; Alexander & Sales’ $319 79; Southern Life Insurance and Trust ; 962 50; W. Stebbins, ‘$315; jooks; Hickman & Martin’s oe ey do. $464 Bi J. Billings, $180 Ce junting, ; J. Billings, ite ich- ards, $900; Veader & Dre $800; Brown & Mc- Catchon, $826 43; John Sandford, $1,500; do. $1,500; W. Cunningham, $1,941 34; Root & Leo- nard, $1,301 15; do. $1,800 In addition to the above assets and effects, I found in a trunk one imperfect silver dollar—this dollar is the only specie funds of the Company which I have been able as yet to discover. Upon an examination of the books, memoranda, letters and other papers in my possession, the fol- lowing facts were ascertained: This banking com- pany was organised on the fourteenth flay. of Jul; 1838, uader the general banking law of this Stat its board of directors consisted of-forty persons; the board were authorised by the articles ok aescih ation to appoint one of their number President, and to appoint a Vice President, Cashiers, and other of- ficers, and in behalf of the company, to carry on the business of banking in the city of New York. The capital stock of the company was declared to be, by the articles of association, $2,000,000, with power to increase the same to $50,060,000.— The capital of $2,000,000 consisted principally of the bonds of individuals, secured by mortgages up- on real estate within the State of New York. ‘The amount of cash subscriptions for capital stock (if ane was very inconsiderable. e officers of the company in August or Sep- tember, 1838, commenced the business of the com- pany by purchasing on credit $1,000,000 of Arkun- sa3 State bonds. This purchase was followed by other tiga har ee 1838, 1839, annd in the 840, of Arkansas, Ohio,Indiana, Ala- bama, South Carolina, New York, and other State stocks. The whole amount of State stocks pur- chased by the officers as aforesaid, exceeded $5, ,000. The capital stock of the hart en a8 ap- pears by the sworn official statements made to the Comptroller, at no time exceeded $3,285,900. A very inconsiderable amount of these State stocks was purchased for the purpose or with the design of depositing the same witi: the Comptroller as securities for “circulating notes,” as contempla- ted by the general banking law, and not exceeding 000 were ever used for the purpose. The whole amount of circulating notes ever obtained from the Comptroller by this company, did not ex- ceed $323,000, and a large part of these notes were obtained not upon State stocks, but upon a pledge with the Comptroller of bonds and o Nor were these purchases made for the purpose of investing surplus cash funds or_unemployed mo- neys or meansof.the company. These State stocks were purchased on credit ; the officers issuing in payment or exchange therefor, printed or engraved negotiable certificates of sere ite, or post notes payable at long periods after date ; and in most ca- ses these purchases. of State stocks were made asa culation, or for the purpose of raising, by the pledge or sale of the same, cash funds for the use of the company. Lee In addition to the issue of negotiable certificates or post notes in payment of or in exchange for State stocks, the officers ot the company in the years 1838, and 1839 and 1840, also feoued. engraved ne- gotiable domestic and foreign certificates of depo- git to an immense amount, payable on time, with interest, all purporting upon their face to be made or issued by the Company—a part of these nego- tiable certificates were made payable in sterlin money at the banking house of Palmers, Mackil- lop, Dent & Co. in London, and were styled Fo- reign Certificates,—and were generally drawn for round sums of £1000, £500, £300, £250 and £100 sterling ;—and a large proportion of the eame were drawn payable to the individual order of John L. Graham or William P. Hallet, Thomas G. Tal- mage, or other Directors or oflicers of the Compa- ny. A large amount of these Domestic and Fo- reign Certificates or post notes were sold or nezo- ciated in New York and in Europe, to raise mo- ney. te the latter part of 1839 or in the months of Jan- uary or February 1840, this Company became and was seriously embarrassed. This embarrassment was mainly produced by its dealings and specula- tions in State stocks, and by the issue of negotia ble paper in payment or exchange for the same— and by the issue or sale of its foreign and domestic certificates or post notes. i To raise cash fands, with which to meet liabili ties, mainly created in the manner and forthe pur- poses aforesaid, and to relieve the Company from its pecuniary embarrassments, thus produced, and to continue its existence, the following financial schemes or expedients were adopted or resorted to by the officers :— : $ On or about the twentieth day of April, 1840, 900 printed or engraved bonds or post notes, dated Feb. 1, 1840, each for £250 sterling, and severally payable to Walter Mead or his assigns in five years, (with ten coupons annexed for the semi-annual in- terest,) were signed by Joseph D. Beers, President, and Walter Mead, Cashier, each bond bein, signed in blank by Walter Mead. To secure these 900 bonds, then in the possession of the Company or its agents, bonds and mortgages of the Company were assigned by its officers to Richard M. Blatch- ford, John L. Graham, and Lewis Curtis, as Trus- tees—and a Trust Deed styled the Million Trust Deed, was executed, dated February 1, 1840—the North American Trust and Banking Company pur- porting to be parties thereto of the first part, and Richatd M. Blatchford, John L. Graham and Lew- is Curtis, parties of the second part, and John Hors- ley Palmer, James Mackillop, and Thomas Dent, parties of the third part. ps On or about April 27th, 1840, 450 similar bonds or post notes, dated Feb. 1, 1840, and payable to Mead or assigns, in seven years (and assigned in blank form,) were signed by Beers and Mead, ar President and Cashier, and « similar Trust Deed dated Feb. 1, 1840, to secure the same, executed between the same ‘parties. ‘This Deed is styled the First Half Mullion Trast Deed. On or about July 1, 1840, similar bonds or post ited Feb. 1, 1840, and payable to Mead or igns in five years, and by him assigned in blank, were executed by Beers and Mead as Presi- dent and Cashier, and 4 similar Trust Deed to ee- fide ee bland dated gh eat exe- cuted between the same parties, Thisdeed is styled the Second Half Million Trust Deed. i On or abont the thirtieth day of November, 1840, the officers of this Nap oa issued 48 printed post notes, ‘ull dated Nov. 30th, 1840, and payable in London to the order of William R. Cooke, (then a clerk or teller in this Bank,) in twelve months after date; with interest, ‘and ‘amounting to about $220,000. To secure these 48 post notes, a Trust Deed dated and Nov. 30th, 1840, was executed b: between the Company and Richard M. Blatchford and James B. Murray as Trust Mackillop, Dent and Co., (by R. M. Blatchford their attorney.) This Trust is styled the Blatch: ford & Murray "Prist. On or about the fifteenth day of December, in the year 1840, the officers of this Company issued 800 printed post notes, all dated December 15th, 1840, and all arpble in thirteen months after date to the order ot Slam H. Gibbs, (then a clerk in the em- loy of this bank,) with interest, and amounting to ,000 ; and to secure these 800 post notes, Tho. mas G. Talmi e, as President, assigns and trans- fers to himself and William Curtis Noyes and Henry Yates as Trustees, a large amount of the assets of this Bank under a Trust deed styled the 8, dnd m, Palmers, Yates, Noyes & Telmage Trust, and bearing even | date with the 800 post notes. These 800 post notes, as appears by the sworn anawer of the Trustees, were used and disposed of as follows:— “ 1941, Jan’y 6. To six directors who subscribed Zi 9 loan for cash and cash or its equiva- Wdido. To United States and Girard Banks, Phi- ladelphia, in payments of cash due them Ist Feb. and Aug 16i1.......... + 46,500 Feb. 8. To Wm. Vyse, Director, cash... . + 6,000 16, for cash advanced. 64,600 | ‘26. To Thos. Wilson & Co. for cash collected for them, and for which they received oblige tions in payment. . "4 March itth. To Tho: his note lent to the Association. loth do, To Henry Yates, cash. . 18th do. To Geo.’ D, 000 | ment of theJTrustees clearly discloses the rui ‘The values of Southern and foreign exchange are not | considered as included in the above statement—as | cannot, from the books, discover what the rates of exchauge were at the time the transactions in cotton were made. It in not necessary for me to show at what rates money | was obtained u son the 800 post notes purporting ie bag Phe state- cured by the Noyes, Yates & Talmage Trust. upon which some of the loans were made upon tl notes And it should also be stated that these certificates or st notes of the Company were not always negotiated r cash funds, Some of the holders of these post notes, which were ne- gotiated in Boston, in the spring or summer of 1841, have represented to me, that the same were delivered to them in payment of naval stores, whale oil, kc. ; and it cannot be denied that many of these post notes were negotiated for a mere nominal sum when compared with the amount purporting to be due upon the face of the same. The amounts paid or allowed for commissions, interest, legal services, and other serv: were certainly very li- beral, considering the embai ments of the Company at the time some part ofthe same were paid. Without intending in any degree to impeach or assuil the motives or intentions of any of the offices or atvisers i $3 Ot the above amount there was returned to the Company from various parties, who held them @ collateral securities,........ 76,500 $261,000 1841, Jan. 22. Delivered ag collateral security to Palmers, Mackillop, Dent & Co., for cash loaned at a previous time.’. .. special egent of the 29th do. James B. Murray, Company, to dispose ofin Kurope.........++ 30,000 March IS, do. Henry Yates as collateral security for hi for the bank. . » 12,500 ilities HAH. having depreciated. . eacenéannee «, WRU May lith,do. 8. D. Dakin do, for loan of $10,500 do, H. IL. Dexter, do for do, $10,000 incash, 30,000 29th do. Geo. D Strong do as collateral for debt Meh, 6. eee eee eee cece cee c ees cee 92,000 July 13th do, Swift & Co., as security for prior Town. ... 2-6... toe teseeeeses 6,000 1sth do. R. W. Redfield, cashier kc. do for loan, 84,000 August 28th do. Holiord, Branker & Co. as colla- teral on loan........ Do, Daniel E. Tyiee, fe and others for liabilities for Association to State Bonk of Arkansas. oo... cece ce uecnsece ce aeens Mth. Receipt of Tracy, Gould & Co. of this jate, in the possession ofthe Receiver, for $60,- 000 of these , $80,000 of which were nego- tiated by them through H. H. Dexter, and the bal- ance, $30,000, still remaii In the hands of the Receive ‘ From the foregoing statement it will be perceived that this mrpapeny commanest its business with a capital of $2,000,000, which was afterwards increased to $3,285,900 —that this capital was principally secured by bonds of individuals, which upon real estate, i" ‘The Company commenced in July, 1888, and was en- Joined by the Chancellor in August,’ 1841 embraced thi the ies ep tere ofthis shortterm of years, upon entering upon the discharge of my duties as Re not only had the immense capital of thia institution, amounting to nearly three and a half millions of dollars, Deen assigned or parted with, but that the whole assets which came ito my hands, consisting of office furniture, 0. were of very incor rable value, as must be evident to any one who will examine the character of the pro- pérty and securities first herein betore set forth. 4 Pow or in what mannercould such results be produced in sq short a period of time ? I think the books and papers in my possession, as well asthe sworn official returns made by the Company to the comptroller, clearly show that this state of its aflairs was not caused.by, or in the business of banking, as adtho- rised by the General Banking Law, or by the business of banking as ordinarily or usually conducted. bonds were secured by mortgages Comptroller by ‘this institution—on the frst Mon- and July, 1839—and on the first Mondays July, 1840—and on the first Monday of January, 184. ‘The first four returns were made under the oath'of Walter Mead, the Cash was made under the oath of Thomas e, the President This last official statement was made after five ofthe aforesaid Trusts had been created; in three of which ‘Trusts John L. Graham, the counsel of the Company, 1 of Janu of January ani which James B. Murray, also a director, trustees; and in another of which, Thomas G. Talmage, the president, and Henry Yates, one of the directors, are two of the trustees. - thie statement, it po Tthat The erculating ‘ueter? at tg “company amounted Jan, 4, 1841, to $1,090. ‘The amount due “to Depositors,” on the same day, ‘was $122,235 10. As the lastentry in the “ Discount Book” is made un- dar the date 6f July 2%, 1840, it is safe to infer that the amount of cash deposits did not increase after Jan, 4, 18i1. On the contrary, so far as | have been able to ascer- thin the condition of the Company from its books, there is not now due or owing to casn depositors im exceeding $26,000 ; and the whole amount of claims and demands for salaries of officers aud clerks, stationary, &e. ard other ordinary incidental expenses, of the Company, sented to me as Receiver, does not exceed $1200 ; the Company is not indebted oneYdollar for “ hati ia ea notes” obtained from or issued Ly the Comptroller, as with the Comptroller, It thus appears that this Company | “ circulating notes” issued under the epecial provisions of the act to authorise the business of banking ; that it owes not exceeding $25,000 to its cash depositors—and not ex- ceeding $1200 to its officers and clerks and for other ordi- nary incidental expenses. It ie also certain that not one of the Fight Trusts crea- ted by the officers of this Company was designed or in tended for the benefit of the holders of ‘circulating notes” issued by or registered with the Comptroller. ‘These holders were al protected by the srcurities ledged with the Comptroller for the redemption of the me, and which have proved to be sutticient for purpose. Nor were these Trusts made to secure to cash depositors the amount due them respestively—nor to securethe payment of saluties of officers, olerks, &c., or reut of Banking House, or any other incidental expenses of the Company. * * * ‘ . ' The losses incurred by the Company in the ordinary business of Banking were very inconsiderable in amount, when compared with the losses consequent upon or con: nected with the dealings and speculations of the Company in State stocks. But considerable as were tho lores and expenses of this Company, yet it should be stated that by the sworn official statement made to the Comptroller, January 4th, 1941, (nine months prior tothe granting of anid injunc- tion.) the losses ofthe Company (ao far as then ascertain ed and inclusive ofall expenses, &c.) and charged on cap- ital, amounted only to $522,714 60—not equal to one sixth part of the capital stock, as stated inthe same sworn offi- cial Return. ‘The banking transactions of the Company after January 4th, 1841, must have been very inconsiderable, as may be inferred from the fact that the last discount by the bank, as appears by the“ Discount Bock.” was made in July, 0, By Inspection of the books, minutes, &e. in my pos sion, it isfevident that,with the exception of a Iw aontn this Company was wer of money during nearly th whole period of its existence; and it obtained ite loans at rates of interest (ifthe expenses attending the effecting of the loana are included asa part of the interest,) which would require but a short time effectually to use up the cash means of any Banking Institution whatever, To illustrate the mode in which this Company raised or borrowed money, the following examples will sutfico:— 419 Bonds (Million Trust) at £250 stg. each, £124.750 st. at par eqnal ts $714 ata discount of 10 PORTED val to $55,444 10 15,920 26 2,772 2 were, “0 % nal servicesin the matter #f the creation he original and cance'le! and what Neged to be the substituted Mit. 4,708 45 , Trus’ per agreement, and scured hy colliteral stachs++++ see eevee 15,000 00 93,935 39 $160,509 ‘The Company paid to Mr. James B. Murray (one of its Directors) for his services and commissions as xpecial at- torney in Europe during a peried of 18 months (i’e. from April, 1839, to October; 1940,) the sum of $45,000—and Mr. M y now claims from the Company about $15,000, alance due him (per agreement) for his services, 18, &c., a8 special attorney in Europe in the mount paid to Graham, Noyes & Martin, and Gr ham, Wood and Powers, as their fees,&c. for reparing the Articles of the Arsociation and Bylaws, rt for services in organizing the Company, was '810.060," The amounts aid to Graham, Wood & Powers for their services, kc. in rawing Trust Deeds, &c., or about the creation of trusts, after January, 1340, exceed $8000. ‘The ‘hale amou paid to John L. Graham, for his salary of $4000 per annum hs counsel of the bank’ and tohim individually for hie pro. fessional services, &c. and to the law firms with which he was connected fo thely profersional services, &c. exceeds 4 The sum of $44,000 does not include the large amounts paid to Mr. Graham as Counsel of the Company, by sub- seribers for Capital Stock, for bis official certificate of ap proval of the title, &e ofthe lands mortgaged to the Com. pany by such subscribers, ‘The amounts thus paid cannot be arcertained from the books, papers, oy memoranda in my possession. From the manth cf January, i940, to the month of , 1840, x: cng ‘a this Company, as appears by their pur chased el igtteee eoueta and nive | dred hates of cotton, which cost And sol( the same in Europe for Loss on this transaction $643,626 a8 668,395 13 $90,026 94 institution, | have deemedfit my duty to state the I believe them to exist, in relation to the affairs of mpany. ‘To my knowledge, or belief, no fact is mis-stated. If I have inadvertently made any statement which is incor- rect, or drawn any wrong inferences from the facts ax stated, I shall most readily and cheerfully make the cor- rection as soon as convinced of the error. * * * * . . * The counsel whose written opinions I have obtained, are Hon. Jacob Sutherland of Geneva, Samuel Stevens, purchased with did not make lege! hat at the time of the tender of $26, if the jury believed thet the $380 had not Leen placed to the credit of Goulard | on the hooks ofthe O’Briens,then the legal possession was vestedinGoulard The jury were « considerable time in meking up thelr verdict, which was im tavor of the plaintiffs tor $383 76—being the amount of the bond with the interest. John J Jenkins vs. Daniel Stevens —In this case the pane not being able to make out a proper action, the Court nonsuited him, General sessions. Before Recorder Tallmed rman. Jonas B. Puitiirs, Eaq., Acting District Attorney. Fen 9—Discharged Thomas “Cochrane, Patrick Ro- gers, Robert Roach, John Berry and James Riley, oom victed yesterday of riotous conduct im Canal strest, were discharged, with & reprimand from the Court. Trial for Perjury.—Garretsoa Lyon was tried an & charge of perjury, committed on the 26th of last before Justice Hoxie, in acase of seizure for reat. The testimony being incomplete, the District Attorney and Court asked an acquittal, which was granted. Receiver o; Keakel, of los Stolen Goods.—A German named Jose; range street, was tried for receivin, property of T. Van Graninger, which thal been m No. 2 Beaver stroet, The jury returned a verdict of guilty. A Nolle Prosequi was entered in the case of William Ford, William Parks, and Dominick Crassous, alias Dozoo, charged with assault and battery, in beating Har- man ©, Swilt, Keq,, of Albany, Charles P. Kirkland, Eaq., of Utica, and Hon’ Hiram Denio, late Circuit Judge of the Fifth Judi- ciat Cireuit. 1 need only add, that these eminent lawyers fully con- our in the opinion previously given to me by able counsel in the city of New York, that all these Trust conveyan- ces are illogal and void, ‘Annexed hereto is « copy of the “Case” submitted to Messrs. Sutherland, Stevens, Kirkland, and Denio, for their opinions. The additional facts above stated, will enable all who are interested in this Company to’ perceive the bearing and application of the principles discussed in the accom- panying opinions : All which is respectfully submitted by D. LEAVITT, Receiver. New York, Feb. 7, Superior court. Before Chief Justice Jones. Fea. 8 —Francis Copwitt vs. Benjamin and John New- the ydaintiff for $90 damages and 6 cents costs, subject to the opinion of the Court, on a case to he made out, with liberty to either party to turn it into a bill of exceptions, or apecial verdict. John Rayner vs. the New York Insurance Company —Ac- tion on a policy of insurance. The case is not yet con- cluded, The defence, having been refused a nonsuit, have Mead their case. It will probably be concluded on Ba- turday. Circuit Court, Betore Judge Kent. Fnipay, Feb. 8.—John M. Secor va, Andrew Byrwden.— ‘This was an action against a surety. The defendant be came security to the plaintiff for the due performance of a certain piece of mason work, to be done by James Lyon, ‘Three years | John Smith and Thomas Paskett ; and in case these men 1 entire period of its existence—and, yet, at | failed in their part of the contract, the defendant was to ra- fund to the plaintiff’ the several umounts advanced by him ceiver, I found that | for the carrying onof the work The plaintiff'did udvance $163, the amount of the contract being $228. The plaintiff claims that the work was net performed according to con- it factum; that the contract nd that the money’ paid was not an advance yon and tract. The defence pleads non was fulfilled, but was fo; Paskett, hi rvices performed ; that the maso ued the Court, and then he objected to the offset of $163 as money d_ reported ally before, but the jury could not agree, This time they paidon the claim, oC case had been tried gave a verdict for the defendant. Eugene Groussette vs. Richard Leageraft.—This was an action of replevin. The defendant rented to one B. F. Gautier, certain premises on the corner of Grand and Mott streets, at a yearly rent of $330,to be paid quarterly Gautier sub-let to two commisrion merchants, Messrs. There were five semiannual sworn returns made to | Wellerand Mayer, on the 23 August, leaving rent due up th dl to that time of $61 90, disle,which are claimed bythe plaintiff e& having been there to be sold on commission, and accordingly repl established the ownership, and the defence w by admissions that Weller had promised to ass P t xeize the laydlord the power to distrain. ‘The short absence, returned a verdict in favor of the plaintiff. Office as trustee of th will be continued Thomas J. Harvi. the store at No. 58 C! be mond with the other defenda 1 who are carpenters. the plaintiff and to his great loss. Witnesses were addu nd | ced to support the case, who proved that Raymond bad | Lecture on Animal Magn said that he was making such alterations for of Harris; thet Harris remonstr ted ageinst have realized in cash funds from the securities pledged | the trespass, and threatened to complain to the Police. with the Comptroller, a sum equal to the whole amount of By Coie set up, wie, ae bags was eee analy “circulating notes” issued by the Company and registered | and subject to be removed at two days notice; that on be- an 4 pany Sad regietered | Ug oo noticed he refused, tw: leave end furtiver: thee the is not indebted for any | goods in the store were seized hy the defendant Raymond The jury found for the de- This Court has adjourned for the term. There will be repeated! the beneft under a landlord’s warrant. fendant. no triale next weck, it being vacation week. Common Pleas, Before Judge Inglis. This w detained by the defendant, under the following circum stances 4 doing business at No. 16 Wall street, and the defenda a commission merchant, doing business at Old Goulard, in company with a m into certain stock transactions, and employed hourg—In this cane the jury returned a verdict in favor of ¥ laintiff in the action in the Marine The defendant issued hia warrant as landlord and levied upon a quantity of wines and cor. to sustain bimeelf by this action, ‘The in it me | Irishmen, died seiaeoly at the house of Edward Riley, in the responsibility of the rent, and that he had stated that g and | the goods in store were imported by himself. The Court one of its directors, is one of the trustees; and in one of | observed that but slight credit could be given to admis. one of the | ions, unless well borne out by facts. It was simply a matter of fact to decide on—if Groussette had established his right of ownership, then the defendant had no right to roperty, but if Weller was the owner, then the faa jury, after a. Harris Wilson vs. George W. Bancker.—This is an ac- tion on a promissory note endorsed by the defendant, and which came into the possession of the plaintiff by his jate of William Woods, The case sAshael Raymond ¢t. ala.—This was un action for trespass, The plaintiff rented from Raymond atham street, and he complains that entered upon said premises, and made certain altera- tions and improvements therein, without the consent of | seven in the evening, Fen 9.—William and John O' Brien vs. Emilie Goward — an action to recover an Illinois bond, which was The plaintiffs are commission stock brokers, named Bayley, went Award Van Sice, also a commission stock broker, to make the necessary arrangements for the buying and selling IMlinois Indicted for Abortion.—The Grand Jury havo returned an indictment against John Jones, button maker, of 26 Platt street, up stairs, for procuring abortion, by the ad- ministration of drugs and powders,on the persou of a ‘oung and pretty girl named Catherine Costello, whe Rad formerly been iu his employ. The case will be tried next week, and will create much interest. Forfcited Bail.—Peter Van Houten, charged with enter- ing the house of George W. Prescott, 8 York street, with ‘an intent to steal, not answering, his recognisences in the sum of $300, entered by Horatio R. Gowen, was for- feited. Also [saac B. Snedecor for assault and battery om ‘Thomas Butler and William Heheptch for beating James McCullough. Assault and Pottery —Eenty Bogert was tried on a charge of assault and battery on Thomas H. McCoy, of 131 Orchard street, and brewking one of his jaws. He was convicted and ordered to appear on Tuesday fur sentence. athens then adjourned until this morning at 11 o'clock. Court Cal-ndar. Screrion Count.—Nus. 25, 33, 38, 39, 41, 43, 28, 45, 46, 47, 48, 49, 60, 51, 62, 63, 54, 55, 06, 67. Circuit Court.—Nos. 1, 27, 71, 72, 73, 74, 75, 76, 79, 804, 81, 82, City Intelligence, Police=—i'x». 9.—The complaint against Hiram Hus- ted for obtaining money by fraud, in ing off spurious passenger tickets to Albauy by railroad, was on examination before the magistrate. Joveni.e Gamatens.—The house of Michael Curry, of ‘35 Cross street, was entered yesterday by otticers Drinker, Freame, Joseph, Ruckle and M‘Greth and thirteen boya, engaged in gambling, were arrested and taken to Police Office. The house hes long been a nuisance to the whole neighborhood, ax it as buen the resort of petty thieves and rogues. Coroner's Office.—Deatn or Joun Micnagi Wit- Lensponrr.—The Coroner wus called yesterday to hold an inquest on the body of the above named person, familiarly known as “ Dutch Mike,” one of the Deputy ‘Keepers at Blackwell's Island. From the testimony, it ap that at about six o'clock on Thursday evening he came into the office of the prison and appeared to be ax well as usual, and conversed with Mr Deputy Keeper Spies, until about half past 8 o'clock. He then arose from his seat and wask- ed towards the mantel-piece from waich be took a tumbler of water, and was in the act of drinking it when he gradu- ally settled downward until hia body rest He was immediately laid on his back, and the door of the entirely in- 00) fell when made to restore him, but they we . A post mortem examination of his body wee made by Dr. Peter ‘A. Mullen, of the prison, which resulted in the opinion that he hud died of apoplexy. The C turned a verdict in accordance with the: AnotneR Suppen Deatn —Luke Masterson, an He came in, took a seat, and Stanton street, yester tely expired. complained of being il Amusements Horsemansmir Exrraorpinary.—Levi North, one of the most extraordimary and graceful riders ever seen in the ring, appearsat the Chatham Theatre Circus this evening, for the second .ime, it being his last appearance in this city for the present. The management of this establishment in catering for public taste, is nightly evinced by the crowded audiences that assemble within its walle. Tus 1s 4 Grano Famity Hortpay at tax AuR- nican Musgum.—Splendid rformances taking place at three o'clock in the siternoon and at half by the best com; ever The Eceentficiiles of Dr. Valentine, t kee Courtship, Comic Melany Chinese Divertisemen ind other interest: rformances will be given. The Gypaey Queen is ume at all hours, id imm there. Tit for OR IRISH SYMPATHY FOR AMERICAN SYMPATHISERS. {From the Dubiin Natiov.) TO JOMN TYLER ON READING MIS MESSAGE. Well done, old boy ! Hurra, Jack Tyler! That Messoge crowns your name with glory; reland, many asmiler; in England, m ny 8 Tory. you'll take a loon of Texas; By ali means do—we wish you luca! Such taking, Jack, will never vex us, Ando get on ahead, my buek. You have a liking, we belie For the Oregon territo: The O'Regans, here, all give you leave To take it —On, your sow! to glory | And all our other and Mac's pprove of your intentions highly, And hope you never wiil relax It makes It frights, You 5 stock. Goulard was the only persan f9 be known, in the In doing what you say so drily, transaction. On the 28th September last, the O’Briens, being members of the Hoard, were authorized by Van sored ail ae eet te eiriten Sice, the agent of Goulard, to purchase for him $10,000, But when they go thatr ney note ontime. This was done, at fieen days, at the option of Be sure they saah termeeeoote aa the buyer, A deposite of $: placed in the hands of ae ¥ Uda’ forget their rifles. the O'Brie gainst loss in case of ade You got the State of Maine before, cline int directea the P paid by Goulard, Van fice being’the agent T re-sold to the O”Briens for the same amount, and the pro ceeds, together with th dep credit of Goulard on th this left a balance in favor of Goulard of $75 23! lance was placed to the credit of Goulard on the loss tr actions of $000, and a balance of $74.17 was struck in fe In pei Van Sice, to purchese for o O’Briens, and the bond was purchased for $375 Van Sice ted the bond to Goutard, and demandod the price in the difference between the proceeds of the $350 sold and the athe purchase. Van Sice refused the check, and Goulard refused to give up the bend. To recover this the present suit is brought. The defence set up was. that Goulard did yot know the plaintif’ in thie suft in the transaction. ‘That he war dealing directly with Van #i¢e. and that the order given the latter was, to apply the procgeds of the bond of the {st August ($450) in the purchase of the 10:h of October ail proceeds being, as the defence alleged f Van Sice, and that on the presentation of doulardt offered his check for $26, that being the Van Sice was the principal evidence for the it he did not own the honda, but ms to purchase them for Goi that the biils were made ont in the name of the O'B: and that he (Van Sice) simply received his comm onthem. The defence objected to the want of Mm the identity of the bill, but this was removed by on the stand the person from whom the O'Briene had pur chased the bond on tho very day. The Court in charging the jury, observed that the case involved much extra- neous matier, The only question for them to pass upon was the transaction of the 10th October, for which the suit was brought. Had Goulard given’ instructions to Van Sice to purchase for cash a bond of a certain State balance’ d if so, whether Goulard had complied with the of that purchase. By the testinony of Van evident that he only acted os the agent be receiving only his commis 1, when tween the parties in this # sion. Thatat the time of the de ery of the be Goulard offered his check for the $231, this agen strated with Gonlard at his non-comp! nal agreement, and in: ly gave info O'Briens. This was not ale and delivery law would protect, Whe creditor negotiates wit! debtor for a particular transaction, the oreditor cant take possession without the consent of the debtor, ttp in offset aprevions debt, in the eye of the law, livery must be made by and with the consent of the party delivering ; and the party purchasing cannot he protected by the Interporition of the law, when he detaing the pro perty against the remonstrance of the person selling, or hisavent, ns inthiscase, If Van Sice had the bond taker fom him by Goulard, under the ciroumstances detailed by him, then the retention of the bond by Goulard wa. iVegal ‘The jury then wonld find “a verdict for the @plantifi, unlexx the fact of identity of tho bond, was proved to their satisfaction, as the Ja ¢ in cases of trover, required such proof if this isfactory thon the defendant would be entitle It might be said that Van Sice being in por of $850 of Goulard’s money, the bond might be to session ind Goulard xpiration ‘$60d0 more js bond was ite, war placed to the transactions of $10,000, and vor of the O’Briens. The stock shortly after began to go up in the market, and Gonjard gave instructions to his imself a bond for $1000 same stock for cash. Van Sice gave the order to the But Goulard offered his check of $25, that béing G Plocing ich wos a main point, to emuse you ‘Thea only ask, and you'll get more, rs of the fifteen i Some people don’t like to refuse you. stock than he ually had purchaned at the time. The You have some Irish boys there a loss. On the 7th August, Von Sice Dwelling beside the Atlantic sea— $1090 bond of the same stock for $350 They'll he! yt hy Jack, and that's no wonder, . for Goulard. The bill was made out For they have homes among the Free. in the name of the O'Briens, Go, symphathie: jernising— And if rome 's you shall not, Just prove to him your chuler’s rising, And knock his brains out on the Go it, and no mistake, good John! We have no doubt you're true as steel, Don't care a curse for Wellington— No—aor a single damn for Peel. Surreme Court, Feb. 1, 2and 3.—Present—Mr Chief Justice Nelson, Mr. Tustice Bronson, and Mr Justice Cowen. Dorr vi rren. Cause argued. New trial denied Sheri argued. Judgment for defendant on and that the opinion hertofore given stand of the court upon this motion. Crane argued. Judgement reversed ; and that be issued by the Court of Common Pleas of Wayne county; ~oats to abide theevent, Moss vs. Walling, New trial denied. Van Alsty argued. Judgment for plaintiff on ‘o the defendant ta amend on usual terms, Bi The people. Venue in this cause changed. Platt m , va. Bayeux. Defuult taken in this cause opened. Gersler ads. The People, New trial denied aml that same be re. mitted to the Court of Oyer and Terminer of the county of Suffolk ; and that said court proceed to Julgment — The Ontario and St. Lawrence Steamboat Campany vs. The Trustees of the estate of O. L. St. John, Cause n Howe. ie venire de novo ‘Cans Do Reynolls De ‘arpenter and al Creal and al. ads, Dana and al. Do. Staf- D —Judgmen on payment of Cause argued ford and al. ads. Keep—Canwe argued Uffon demurrer. Crain ve Petrle— vs, Potter—Do. Harris ade, St \ Sheldon and al. - Cause wgued—New trial denied, Alba= ay and West Stockbridge Railroad Company vs. Smith— Cause argued. Adams ads, Walsh—Caise argned— rial User han j costs to abide theevent, Bulger impd. Webb—Cause argued. Leonard and al. vs. Clark— irgned—Judgment reversed, venive de novo, to Albany ommon Pleas; conta to abide event. Beagles ads. Joy ued—Motion to ret aside report of re . Albany Exchange Bank ve. Williams New trial granted ; coats to abide event. Olds Jotion to set aside inquisition—denied. Haight ind al. ade, White—Couse orgned—New trial denied — The Court med Saturduy evening, February 34, ine die, borious sresion—having heard 146 Alhany Alas, Fartiovane ty Canaoa —A amart shock of en earthqu: ke was f-It here about two o'clock this morning. Che buildings in the vicinity of the Court House Squme were most affected by it, where a fissure in the earth wes produced, about an inch in with, and extending con- pletely across the square.—Long Point (C. W.) Adv., Jan,