The New York Herald Newspaper, June 16, 1845, Page 1

M THE NEW YORK HERALD. NEW YORK, MONDAY MORNING, JUNE 16, 1845... rt Important Law Case.The Office and Du- tos of the Clerk of the City and County of New-York. ! The Court of Errors has been for two or three days past occupied with a case of the highest importance to } Vol, X1., No. 164—Whole No. 4026. Price Two Cents: THE NEW YORK HERALD*| BRANT ON GREAT BRITAIN AND JAMES GORDON BENNETT, Proprietor, ich edad’ or Walton he sud Circulation---Forty Thousand. Sessions, and the act of the Legislature then complained | Common Pleas of the city and county of New York, | the Court of Common Pleas? Have you not put it on of, took away those chartered rights, and therefore was | by cotemporaneous exposition, and by the gene- | record inthe sth Wendell? And will you allow your unconstitutional, because it was not passed by a two- | ral understanding and action of all parties, and down | selves therefore, in the face of all this, thus to allow the third vote. | fo 1848, he did 40 actas clerk of the Common Pleas, | rights of the people in every county’ in the State to be Mr. Brant also referred to the county of Wayne case, | without interruption. All that was done up to 1821 | trifled with? That act 8f April, 1843, says, that three where it wes decided that the Legislature can extend or | was known to the Convention, and the mode of | men shall be the Court for that purpose, and that others contract the territorial jurisdiction of Justices of the | this clerk’s election thereafter was long discussed ; and | shall not be. ‘Therefore, it takes away the rights of these } ith drafts ome te any amount, from £1 upwa: RPE : rovineial Ban! Exchange and Discount Bank, NGLAND—On the National an tand; Messrs, J. Baru Co. EB: Liverpool; Messrs, James Bult & PRs | BERALD Every oy Laas 2 cents pe: ren ott Rea ns Be Son, London, and branches | the people of this city and county ; involving,.as it Fees, Seon it mannes lopeive them of their office ; and pro biemeiaporiast office is wes en to the ope = Chartered Officers—therefore it required a two-third fap ir annum—payal advance. m eit tle a H case of the People vs. Carey, 6 Cowan, 612, was a most elaborately, and his duties distinct! vote, and you it and do judi all the: WEEKLY HERALD-Every Saturday —Price 6} conte | if ftaarp Ou the Naticudl Bank of Ireland, and Provin- | does, some of the most valuable rights secured to S46 40 We cnse of the People vs. Carey, dt owan, G12. defined. By the ablest talent of the Convention. And on | fects. Tite: you are nethousl in metioo s privere chee Per copy —$8 12 cents per annum—payable in advance | “{,, Scor.ano—On the Eastern Bank of Scotland, National | them by successive Charters and confirmed by the | record of the court to show that James Conner was ac- | the 11th of Oct. 1921, a report was made by the Secreta. | But when that becomes incorporated in a public ADVERTISEMENTS at the prices—always | Bank of Scotland, Greenock Banking Company, and branches | Constitution of the State in 1821. tually Clerk of the city and county of New York. ry of State of all the officers in the city and county of und becomes part and parcel of that act, you must cash in advance. é throughout Seoland, | e 2 | Mr. Curtine argued that the court would see in look- Y., in dience to a call of the Convention ; (See judicial notice of it. (1 Phillips’ Evidence, 318; 2d PRINTING of all kinds executed with beauty and | ihe sramehip Britannia sails fom Boston on the IstJune,by | This case is the one recently decided (in favor of | ing at the pleadings filed by tho people in this case, that er and Stone’s Debates, 2; 387, Oct. 9, 10, 19, 26, Nov. | iford and East p. 574, proves this.) ba ayy sel icetaaeelte ie 'by mall, ehdeaneed { can be forward et PSCOTT, the people) by the Supreme Court of the State, and. regi Me tien that one Andrew Wemes has i 3 pean And abate Sannention Saeeeneun ey ir. Curtinc—I conclude then, that it is not necessa- letters or comm! , by mail, addre: E et ol | . . e] execut tl uties of Clerk of the Court of | his election, the so. a full knowledge of all the it d th izatic 3 ote aulablicnment, Ment te octe nell. or rks a th st. | involves the office, rights and duties of the Clerk of | Common Pleas, and the office of Clerk of the County | functions and ofices appertaining to him, at the time the | ate bound judicislly to notre ie ane Ae oe a ie are bound judicially to notice it. The Act of 1843 is un- constitutional and void, because it conflicts with the 8th c.) | section of the Constitution. If not the Clerk of the | Court of Common Pleas under the 8th section, he is un- der the 9th, and therefore, is tobe elected by ACKET FOR MARSEILLE! He be Sea oo G. Hagar, he ist of July. Kor fretght or passage’ a ee ON CHAMBERLAIN & PHELPS, 103 Front street, or to | OVD & HINCKEN, Agents, will be deducted from the subscription money remutted Court, without legal it, and that he still holds JAMES GORDON BENNETT, ut any legal warrant, and he still hol ad and executes the same. ‘ondly, That this Warner has intruded into these offices, and then calls on him to show by what right or title he does so, Then this intruder the City and County of New-York ; an officer who» | by the terms of the Constitution, 13 elected by the | ople every three years, and the rights, duties, privi- | | Constitution was adopted, (See 25 Wendell, p. 33. It | was not a building up of an entire new system, & Thus, then, the Convention found this offi tence ; ‘they found him in the full pos Paorareron or tHe New Yorx Henan FE: North) hould thereafter be elected ry, the people ; | that they’ would not lop off any part of his office, but | bring him in and adopt him as he ‘was, with all the essen- tial powers then belonging to him. And taking even the extrinsic facts,they involve not a particle of doubt. They | rights of chartered officers of the people. And this 15 manifest on the face of it. It passed since the Act of 1842,requiring and providing the mode of certifying all two-third bills. And the plaintif” in error, (Warner,) must make outa full, and perfect is an officer coeval with the earliest form of our City Goverament, under the Colonial jurisdiction of By the charter of Gov. Dongan of ommon Pleas was established in up is notanelection by the people as given in Sec. 3, Art. 4, of the Constitution ; nor is it an appointment by auy court; nor by virtue of any commission; but mere- y three wentlemensto wit: Ulshorfier Ingraham and nglis. DUCED FARES. SUMMER ARRANGEMENT, TRAINS RUN AS FOLLOWS, ‘On and after 14th June, 1845. the Court , ye oluments, &e. of wh office conseque! | puts in a plea, saying he does not think the people ought | exercise of certain duties, rights, privileges andemolu- | proper, and any act of the Legisluture that i - LONG ISLAND RAILROAD COMPANY. jel? Tontine Buildings, comer Wall and Water streets, ae emenciene, Be Deonle andat Hine erence, | fo trouble him, becante he was appointed to those offices | ments; they found that ‘one of ‘these dufios wos the | And vays that apart of that. Coane stall elect hinge wae ~y 43 delice . ven | | by three persons, acting under the law of April, 1843. | Clerkship of the Common pleas ; they made no change in | constitutional and void. And, lastly, being a majority Wa, BO S. = | BODO be E OF yee peptines 2 Ci rh \eivkc if" tiie ait’ arid’ connty? “Ok Nodesbik: ‘This is the whole title that he puts in, and if this fails | Ais duties ; but, moreover, the 1, thot this officer as he | Dill, it is unconstitutional, because it takes away the : 5, PSHE VICRORIA, Cantata i Ee Morgs, act le Clerk y y ot Ne »| him, judgment must go against him. The title he sets | then was, and the constitutional rights positively sail as above, her regular day. 4 | Having superior accommodations for ¢: second cabin, bout to embark for the old ication to & J. T. TAPSCOTT, Great Britain. 1686, a Court of | and steerage passengers, persor | couutry, should make early _ =i fog , 4 . This is all his plea sets up and it is no title at | then take this officer who had previously been elected by | case, in all these points, and a clear and valid title to 4 Fon atten kB daily, Sundays excepted, stopping | eg A Sau atc conn ae ae cone on tane pinkie Pickett aca a Fre ng er all under constitution or the tae. {if the functions | the Govesnor and Council and by the eh tection ofthe | atice ho intrudes, or the people of New York are en 5 | F CKE macket of the | ++ , ‘ F's | of Cler je County Court be different from those ofthe | Constitution of 1821, says that he with all cle: judgment pap ele mary ener. 5 P. M. for Farming- ach June splenia so lop fat ing pack: Cont or clerk of the city and county (all being | Ceri of Common Pleas, then there is ne title to that | counties, and sheriffs shall be chosen by the people. Did | The Attorney General followed Mr. Cutting, and was dale cad intermediate pliges, daily, Sundays exceyted, ship QUEBEC, FH. HEBARD, master, will | vested in one and the same person) was mude the | part of it atll, and this is x matter of decided law; and | they mean an officer who was then clerk of the Common | succeeded by Sr. Wood, who closes the argument, .ccommodation Train, 3 P. M. for Greenport, daily, Sundays | sarl as avove, her regular day. ft f clerk of this Court of Common Pleas; and from | Warner's ogunsel don't aver, or pretend that this office | Pleas? Most certainly ; or else, speaking of a known| ‘The length of this article prevents our giving the yery excepted, stopping at Jamaicn, Branch, Hempstiad, and Hicks; |, [Haviug very superior accommodations for exbin, second cx: | that time to April, 143, he hus exercised all the dn- | is annexed to that of the Clerk of the Court of Common | officer charged with those, his main duties, they would | able argument of Mr. Van Buren, to-day. it is therefore, Gredanta aH the stopping places between Hicksville and | i ean eriteatiow on hoard, foot of Maiden Lane, orto’ | ties thereof. Formerly,and at the time of the adop- | Pleas. As to;not showing that Mr, Conner, the people's | have made that exception.’ In tho 9h section when it | unavoidably deferred. From Greenport | Sn JOSEPH MeMURRAY, | tion of the Constitution in 1821, this County Clerk | officer, is actually Clerk of this city and’ county, we | says, that those clerks of courts, except those already Sermon délivered In St. Peter’s Church, Bar clay strect, on Sunday morning last, by the very Rev. Dr. Power. rovided for in the preceding section, shall be appointed y the courts, &c,, it can only meen and must mean “ex- cept those clerks of counties, including the clerk of the city and county of New York, who is clerk of the Com- Depot— Boston Train, daily, Suodays excepted, at 123 o'clock M., or ou the arrival of thesteamers from Norwich. ccommodatinn Train—At 5 A.M., daily, Suindays excepted, for Brooklyn and intermediate places. answer that the people here, nor the crown in England, never set forth their own title. hey merely set forth that a franchise has been violated, call on the intruder to show right and title, the burthen of proof of which is or Common Pleas Clerk was appointed by the Gov- ernor and Council ; but by the 8th section of the 4th article of the Constitution, the appointment of this packet ship Wellington, D. Chadwick, master, will suc- cerd the Quebees and sail on the 10th Julye " jetzere | | as FOR LIVERPOOL—To sail lath instant—The clerant and very fast sailing packet ship SHAKS Jornell, having vom Farmingdale Depot: ci y highly important office (as well as Shegifls and our | thrown on him; and if he fails to make out a clear, per- | mon Pleas ;” for eo nomine there are no clerks of courts | Shortly after ten 0’ is ; Accommodation ‘Train, 6X A.M. and 2% P. 2, daily, San- PEARE, Capt most of her earzo 09 | County Register) was claimed by and-Vested in the | fect, whole title, judgment of ouster must be rondered | named in the sth section. Lhe ee amen a ulate alan ea ae | Oran iae ce niceere, Ve ide wladint paeioe’s people ; and it. was declared that the County Clerks | against him. (See case of the People vs. Utica Ins. Co. | Mr. Woon here said that he admitted that the clerk of | being known that the very Rev. Dr. Power was to From Jamaica Extea Traia, 14 Johnson, 333. the city and county of New York was then clerk of the | ever after be chosen by the electors of the aCulnEU’ SNenaHOn nS Oy y Common Pleas, and that such was the meaning of the 8th | respective counties once in every three years. This plaintiff inerror (Warn H deliver 4 sermon on the subject of the “ Supremacy no title to the office; if ousted, M. daily, Sundays excepted, for Brook- | he loses nothing that be- tions. apply on board,at Orleans wharf, foot o| Iyy\aud intermediate plces. 2 1 K_GOLLINS & CO.. 56 Mr. Curtina continued—We say that this plea (of | Human reasoning and human lunguage must utterly fail | fers. Viz: itire t, s 4 y tha of the Pope,” the church bes d ly filled with a ti # | a VITETG = i “ ity re- | longs to him, he would be deprived of none of nis rights, | seetion. Pe, CANTO CORSON sarees Wee The Boston Traius stop ouly at Farmingdale and St. George's iF AG SiSaabe rec me see acengemens ane bas hale, cetnmnanisy oh | and’no person ona writ of reins complain of that | Mr. Curtixc.—Then there's an end of the argument ; | persons of all persuasions, anxious to hear this uni- ‘The Accommodation Trains stop at the following places wn & Bell, salted om the | a ee Polo one over drearied that it Would be at, | Which does not burt him. for that admission is utter death to the title of his client | yarcally Yeloved cl ; hi : ou the road, going both ways to receive and deliver passen | 5 ‘ Well, dnd novone ever dreamed thet le-would'besals | RUHL iat tee catia ik ers Vik | live oak apron, semson. stern frame, and forward and after | tered, until in the session of the Legislature of 1843. | Warners) is bad and tho causes of demurrer thereto ave | if there can hea toube after th and interesting subject. The reverend gentleman ra ms But Pane my cant frames—newly learned friend means to grapple with this difficulty y 2 pered and in perfect order for a th i ion, some curious vel e ci 's aying t East New York’: ca raga hee compere”, ad tv, vertect order for adhrce | During that session, some curious movements were | of the error book. It is bad commenced his labors by saying specified inthe Lith pag 1c 8 Dee ws Apply f i i i ( vit i i is clerk may. be , : R : | set_on foot, (whether or not very extraordinary | because the said act of Legislature conflicts with the | saying, that under this sth section this clerk may be e The Catholic doctrine touching the supren by % Lake Road otra ar eqns, wer Leet Yate asco aber at street. | means were used, we say not at present,) and an rat | Constitution of the State; "because said act did not re- | ected by the peoeley and that he may also be elected by | the Pope, can be expressed ioe Christ 3 masy of 25, Medford Sta ak 4 was pushed through the Legislature, called simply | Cetve a two-third vote; because one or more of the judges of the court, if the legislature | Saint Peter head of the churel on earth | ; hi Milleville = , ras Opened LAeODe a8 . PX | elected by the people ; and if the soorder it, For no other man can make so much out of | Salat E dof the church on earth under him- peor, LIVERPOOL The New, ene pega ‘An act relating to the Court of Common Pleas for by Warner, do hot belong to the office of the Clerk of | noth But is it competent for the legislature, after en | S¢ If; this office is transmitted to Peter’s successors, SCE er er fast sailing Fvchet ship the Gity ey rae ae pvewes cue snide, County Court, then that said Warner was not appointed | grafting this on the fundamental law of the land to say AE his ond ary suicoe pare the Bishops of Rome, her! day. ti * passes pri hy, by a 8 Clerk of the Court of Common Pleas by any Court, nor | that the clerks of other counties, after all, shall be ap- | and in order to show that I state this doctrine jauly, 1 or aay i excellent and superior accom- it tle, the cominanity was completely deceived, Clerk of the County Court by that Court. “Nor does it | pointed in some other way than by the people | | and to demolish the predjudice that calls it a novelty; 4 pply to the Captain on board, orto nd no one but those in the secret had any idea that | appear that he has any commission from any one to hold | not so with regard to them, why can it be so wi and in usurpation, vilf quote for ye 2 ow or 1 (OODHULL & MINTURN, 87 South street, | {dno 0 J tf pe “! tothe clerk ofthe city andcounty of New York . pation, T wilt quote for you'the words @t the office. The act of the Legislature, April 10, 1843, is unconstitutional because it conflicts with sec. 8. Art. 4 of the Constitution, which provides that Clerks of Coun- ties, Sheriffs, and the Register of the City and County of New, York shall be chosen by the people every 3 years. And section 9 says that all others--thatis “the Clerks ot Courts, escape those Clerks whase appointmente ure pre: 100. this act Fahy aig to strip the people of this city of some of their most valuable chartered and consti tu tional rights, ‘ 3 But, on inspection, it was found that this act pro- posed to take away all the powers, duties, emolu- ments, &c., of theclerkship of the Court of Com- mon Pleas frem the people’s officer,zhe CountyClerk, Saint Augustine. “lam heid,”says he, “in the church by the succession of Bishops {rom blessed Peter, to whom the Lord entrusted the government of-his flock.” { will now draw my first argument in favor of Peter’s ey from the nworeso£ Christ, and by looking to the 16th chapter of the Gospel accord- not the mantle of the constitution protect him as effectu- ally as it does other county clerks? By the 9th section of the 4th article of the constitution, it is provided that “the clerks of courts, except those whose appointment is rovided for in the preceding section, shall be appointed y the courts of which they resp vely are cler! jow, no clerks of courts aye provided for by that name | Thepackee's i i 1050 Capt J. B cket lottiny tons, Capt J. Burs! succeed the Rochester, ‘uid sail fe will on her regular day, 21st July. 4 62) Stages are in readi +4 arrival of Tyains at the several festions, to take passengers at very low Fares, to all parts of the sland. Baggage Crates will be in readiness at the foot of Whitehall street, to receive Baggage for the several Trains, 30 minutes be- e the hour of starting from the Brooklyn side. + eparate Crates. julére LONG ISLAND RAILROAD. CHANGE OF R, SUMMER ARRAGEMENT. | On and after the 22d inst., a train will leave the depot, at Brook yn, for Boston, via Norwich and Worcester, every moming at | aor lock, 'y’s excepted, f agvengers will leave the foot of Whitehall st, at clock. ‘are through... . Second class passenges myl7_Imis re TO WESTERN TRAVELLERS. | EXPRESS AND PIONEER PACKET LINE, ! From Philadelphia to Pittsburgh via the Pennsylvania Rail roads and Canal—through in 336 ¢ above line is now in | full operation and offers inducements to persons who wish | 8 pleasant mode of trav. to the west. | cars are builtin the moat approved modern. style, the | boats are fitted up ina superior manner, and every effort is made by the proprietors to conduce to the comfort and convenience of travellers. £ scenery on this route is unrivalled, and the | rest chain of Pennsylvania i % improvements is well wor- seen. this route passengers avoid all the fatigues and dangers at- | nt upon stage travelling, andat the same time make an ex- ious trip. * | Je cars leave every momingat7 o'clock. Passengers are ade to engage at. Philrdelpi in Philadel- | N. E. corner of Chesnut and Fourth streets, and at Nos. 3. and i5 South Third sts. A. CUMMINGS, Agent. Philadelphia, May 17, 18. For information, inthe city of New York, apply to . H. KNIS ent for D, LERCH & COs Line-7 West st, N.R. | CHANGE OF HOUR. UNITED STATES MAIL LINES TO BALTIMORE. PHILADELPHIA, WILMINNGTON AND BALTI- MORE RAILROAD LINE. { Via Chester, Wilmington, Newark, Elkton, Havre de Grace, ke. | Through in Siz Hours—Fare $3. or | nh aun next, May rs will leave the Depot comer of 1ith and Market erect dsily (exeepte Sanday” Gsily (exept Sun A. M.. the lines | ea PM, f P.M,, being disco Pes my!7 6m rre i wat d and half past 1 ti t date. ia Thia Line wil eave Baltimore for Philadelphia, at 9 o'clock, | NEW CASTLE AND FRENCHTOWN RAILROAD AND STEAMBOAT LINE. | Through in Seven Hours—Fare $2. Onandaafter Monday next, May 12th, the steamboat ROBERT | MORRIS, Capt, Dovglass, will leave Dock street wharf daily, excent Suds 7.) at half past3 o'clock. P. M., instead of 6A: “ighis Line leaves Bowly’s wharf, Baltimore, for Philadelphia, iia SUNDAY MAIL, LINE. | The only, ine tes, Seminars. 09. Bengey treet the Depot, fat tovetock, P.M. ee MRREIOHT PASSENGER TRAIN. Rikaseager Gar attached to the Freight Train, will leave the Depot corner iith and Market street, daly, (exceyt Suda) at 5o’clock, P. M., and reach Baltimore at an early hour next homing. GH. HUDDELL, Agent at Philadelphia, Pa. For further particulars, pply 10, cicHER Agent, BLACK BALL OR OLD LINE OF LIVER- | BR rek PACKETS.— FOR, LIVERPOOL—Only and cel J. | CAVAM passengers in idasoun: covey someegintn taati o baeah Danese a ti board, ol lover st, Or ee er OnenULL & MiNTORNS, wath st ‘he meular packet bark ANN HARLEY, will succeed the Adam Carre jell lar Packet of the 1th of Juue—The masnifie fst i OXFO! burthen 1000tous, Joh Rath 1 sail p tively. ou Mem of June. Having unequalled, accommodations for cabin, 2d cabin and teerage uugers, those ning to the old country, or send- ng for their friends, will find i to their interest und comfort to select this unequalled line of packets. ‘or terms of passage and to secure the best berths, early ap- plication should be made on board, foot of Beekman street, or {othe subscribers, ROCHE, BROTHERS & CO, j 35 Fulton street, next door to the Fulton Bank, N.Y. FOR LIVERPOOL—To sail on the 15th June ‘The splendid, fast ship SUSAN GC, HOW- EL, Captain B © accommodate a few more ry in'a superior ifouse on Deck, ata ery 0- for sage ay] to Passage ally % HN HERDMAN, 61 South street. derate rate. ire PACKETS FOR HAVRE—Second Line—The packet ship ONEIDA, Captain Jas, Funk, will sail pee Istof July. ie : 0 OCR oF Pasege WOYD & HINCKEN, Agents, 3 yeN0-9 Tontine Buildings, cor. Wall and Water streets ju3 re , her reguiar day. For freight or passage, having accommodstion unequalled for splendor and comfort, apply on board, at Orleans wharf foot street, OF ih sieety OF? KK, COLLINS & CO., 56 South street. sace $1 Price of. Packet Shi) aeceed the Garrick, and sail 26th July, her regu ee J. HERDMAN'S OLD ESTABLISHED. EMIGRANT PASSAGE OFFICE, 61 SOUTH STREET. PASSAGE from Great Britain and Ireland, via. Ligervoal, can aware be. arranged a the lowest fate faraished. for at . pe crinerral Banks in England, Ireland, Seotiaud and. Wales, om application to ‘J. HERDMAN, J6re 61 South street. PASSAGE FOR HAMBURG With Despatch— The splendid new packet ship SILAS HOLMES, comfortably accommodate & limite fof passengers ih gabin and steerage, This ship having been built expressly for # New Orleans packet het accommodations ithe best and most costly cri tion. Persons wishing to shoul retires ae) W. & J. T. TAPSCOTT, ner South street and Maiden lane FOR ANTWERP—The splendid ship DEVON- SHIRE, Capt.——, will meet with quick despatch for the above port. ‘oF passage, ere | handsome furnished accommodations for cabin passengers, aud also for second cabin passengers in the rr deck, apply jer PY _ J, HERDMAN, 61 South street. jel NeW LINE OF PACKETS FOR LIVERPOOL —Packet of 2lst June —The spleadid and favorite ROCHESTER, 1000 tons burthen, Capt. ; Will sail on Saturday, June 21, her regular day. a of this fie being, all 1000 t upwards, persons about to embark forthe Old Country wil fail to’ see the es Lo be derived from selecting this line in preference rier, a their great capacity renders them every way fortable aud convenient than shiys of a small class, my26 rr FOR LIVERPOOL—New Line—Regular Packet f the 26th Juse—The fast sailing Packet Ship fs Sita Ree ee go ip Roscius, Capt. Asa Eldridge, of Py ai will which powers, duties, &c., the people had espe- cl reserved t0 themselves under the constitution of 1 own creation, a special clerk of the common pleas, and that he was to be appointed by the First Judge of that 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 also Judges of the Court of Common Pleas. This glaringly unconstitutional act of the Legislature of course created n ourcitizens, as wel ee ieee indignation. Three of the Judges of the Common Pleas at that time, Messrs. Ulshoeffer, Ingraham and,Inglis,* however, took the responsibility of appointing under that act Mr, An- drew Warner as Clerk of the Court of Common Pleas, thereby giving tohimall the most important duties, rights, emoluments, We., belonging to the ‘ople’s own officer, the County Clerk, leaving to the Inter office the mere shadow of power, stripping it of all that rendered it valuable and important, grossly insulting the people of the city and county, and endeavoring by this unjust usurpation to snatch from them their chartered rights and constitutional their own creation, who thus realizes from $5000 to $10,000 a year, and over whom the people have no control whatever. Asa matter of course, proceed- ings were instituted against Warner as an intruder on the people’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 act(of 1843 was unconstitutional, when Ch: The People, ex. rel. Conner vs. Andrew Warner. sary to recite any portion ofthe Charter or early laws relating to the 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 was 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 office. Then came the constitution of 1821, which pro- vides, that “Sheriffs and clerks of counties, including ster and Clerk of the City and County of New be chosen by the electors of the respective ”. (Art. IV. § 8.) Under this provision the rk of the City and County of New York has been chosen by the electors ever since the constitution was adopted, and has been clerk of the Court of Common down to the time when (the defendant was appoint- ed under the act of 1843.) (Stat. 1843, p. 63.) ‘The first section of that act provided, that the clerk of the Court Sommon Pleas, forthe City and County of New York. 8 be Fo ptinen by the Court; and this new officer shall be and act as the clerk of the County Court. The question is whether t legislature had the constitution- al power to pass such alaw. I think it had not. In ef- fect this statute divides the office of the Clerk of the City and 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- fully done, I do not see any security for the residue oi the office. The Legislature may take that also, and give 1,) and to give them all toa new officer of their eat excitement in the minds of privileges, and conferring them all ona creature of nef Justice Bronson delivered the following opinion :— Opinion of the Court.—Bnonson J,—It will not be neces- and Varick, terations the! vided for in the preceding section, shall be appointed by the Courts of which they respectively are CRorcae What Clerks of Courts then are provided for in the 8th section? Clerks of Counties. Then, unless the Clerk of the City and County of New York was a Clerk of a Court, the 9th section issenseless. The section means this, “ex- cept the Clerk of the City and County of New York, who is Clerk of the Court of Common Pleas,” (Mr. Wood subsequently admitted that it did mean 'this.)— The Convention that formed the Constitution distinctly made the Clerk of this County a Clerk of a Court, and made part of his duties the Clerkship of the Common Pleas. Can then the Legislature lop off the substance of his office and leave a phantom, and then call the phan- tom the substance? Mr. Curtixc, to show that at the adoption of the Con- stitution in 1821, the clerk of this county was clerk of the Common Pleas cited Kent's City Charter sec. 28, 29, p.72, 73. Kent, p. 9, 16, 17, 22; and Dongan’s Charter, p. 22, sec. and Montgomerie’s Charter, 42, 69, 70, 71, 73, for the origin of the Court of Common Pleas.’ (Montgo- merie, sec. 27, 29.) The Court of Common Pleas, it will be thus seen, dates as far back as 1686, when it was call- ed the Mayor's Court, (Dongan’s Charter, sec. 8.) Sec- tion 9, gives us the origin of this clerk ; where it appears that one John West was appointed town clerk, clerk of ns, and clerk of the Court of Common Ph This clerk also, subsequently, filled the offices and dis- charged the duties of register of the city and county, recorder of deeds, clerk of the Oyer and Terminer, clerk of the Circuit Court and sittings, besides other miscella- neous duties presumed to be incidental to the others. At the time the Constitution went into operation in 1821, all his varioug duties had been taken away from him by different statutes, except the duties of clerk of the city and county, and clerk of the Common Pleas. At page 22, sec. 15 of Dongan’s Charter, then, we find the origin of the present Court of Common Pleas. And we bring this court down, resting on statute law—acts of the Le- gislagure—to the very time the Constitution went into operation, and show what was the acknowledged law iton then and’ thus settled and confirmed. Follow: historically at pages,69 and 70 of Moutgomeri we see what were the powers of these officers; in section p. 71 of Montgomerie’s Charter,we have a. confir- mation of all these powers, as regards the Mayor's Court and Common Pleas that now is. In the 29th section we have a provision with regard to the clerk. re- ferring to the acts of the Colonial Le ‘Van Schaaick’s ed. of Laws, p. 169, Oct. 14, 1732,) we find all these privileges of these charters were there confirmed. This is copied by Kent, page 97. All these charters, Queen Anne’s, Montgomerie’s ani all, (as relating to the privileges of this officer,) are all confirmed, ratified and settled, by the acts of the Colonial Legislature. And by the Sth section,this confirmatory act is made a public act relating to the whole colony. By the Old Constitution of 177 these charters, Ke. were again confirmed. And by an act of Assembly, 1830, ©. , Sec. 26,) there is again a confirmation of ali these, by the people of the State, and the same is declared to be public law, and to | be noticed by all courts on all occasions whatever. It will also be found that the Mayor's Court referred to in these charters was repeatedly recognised by acts of the Legislature. Act sth, Feb. 1787, chap. 10, sec. 5, Jones 16—is a public recognition of this court. Jones and Varick’s ed. Laws, p. 134, it is recognised as one of the existing Courts of Record. Session Laws, 17 Feb., 1806, chap. 11, the Legislature adverting to this Mayor's Court, recognises it, and makes some slight al- | in, Kent's ed. of Laws, 164-0, the history | of the Mayor’s Court is again gone into and a very clear ind masterly acceunt of it given. Under the Constitu- | every Court of Record in the State. in the preceding (8th) section. torical fact that clerks of counties were then clerks of certain courts, makes the exception in section 9th sensible and pertinent ; and its necessary effect is to keep County Clerks from the purview of this section. In oth- er words, and to apply the provision to the case before us, the clerkship of the Court of Common Pleas of the Gity and County of New York was excepted from the 9th'soction, 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 the contemporaneous construction put upon the 8th section of the 4th article, which shows the sense and meaning universally attributed to it. And in regard to the effect of contemporaneous exposition, see 1 Coke 2d Instit. pages 11, 136, 131, (a well known maxim of the Law,) 1 Story’s Com. on Const. 883. Now we reach this point ; the 8th section clearly em- braces this case, or it does not; if not, it comes within the 9th section ; and then he is to be appointed by the Court of which he is to be Clerk. And what was the composition of the Court of Common Pleas .of the City and County of New York at the adoption of the Consti- stitution? Why, it consisted of th Aldermen and First Jud i the addition of two Associate Judge: when this act that we complain of was passed. And this act therefore deprives the Court of the power of appoint- ing any Clerk, and gives it to the First Judge and his two associates ; cutting off the chartered and constitutional rights, in this particular, of the Mayor, Recorder, and 17 ‘Aldarien, This alone conflicts fatally with the 9th sec- tion of the Constitution, if there was no other objection ‘Those three Judges are not the Court; nevercan be “the Court,” nor does it help the matter for the act of the Le- gislature to say that these three men shall, for a certain | purpose, “be deeme dthe Court. ” | Here Mr. Currie digressed, to state that he had omit. | ted at the proper point to say, that the act passed in 1826 fully recognized the right of the County Clerk to act asthe Clerk of the Court of Common Pleas. (See Story on the Constitution, and Coke’s Institutes.) Mr. C. continued—When, then, the Constitution said that certain Clerks should be appointed by the Courts, did they mean * by the Courts as then organized ?” or, id they mean by Michael Ulshoeffer, Esq., or one of ‘the Judges, ‘or two, or three of them? or by the Court as a perfect Court? Look at the Su- P Comt ! What co: por ciate Judge of the Supreme Court shall appoint its clerk and that he shall be ‘‘deemed” the court for the time be- ing. Would that be constitutional ? So as to the organiza- tion of this court (Court of Errors.) Suppose a law passed to allow one of its Judgesfto appoint its clerk ! Or,suppose that the Assistant Alderman of the 3rd Ward should, by an act of the Legislature, “be deemed” the Court of Common Pleas for the purpose of appointing its clerk ? Would your Honors allow th.s? bei ncid not ; neither | in the present instance, which is precisely analogous. You are bound to take recognition of the construction of And you must see | that all this is a palpable evasion of the Constitution. To | say that any part—any portion of the Judges of a court | shall, for certain purposes, for the time being, “be deem- | ed” the Court! Why, it would be an infamous evasion | of the letter and spirit of the Constitution. Besides, a liberal construction is always to be made in favor of the people in all these matters; and it is not compatible | with the duties of the court, after a_new principle has | been engrafted on the law and the Constitution, to give | But the well known his- | | the keys of the kingdom of Heave: utes it? Three Judges. Sup- | n act was to be passed saying, that the junior asso- | ing to Saint Matthew, and 18th verse, these words will be found: *] suy to thee that thou art Peter, and on this rock I will build my church” Now if Christ, the principal rock or foundation, be the head of the church, because the church is built upon him, Peter must also be the head of the church under Christ, because the church is founded on him under’ Christ; therefore from the reading of the text in the Lyro Chaldaic language in which Christ spoke, it is se evident that Peter was made a foundation of the church under him. In that tongue the text runs thus: “Zhou art a rock, and on this rock I will build mychurch.” ‘This text has a very fanciful in- terpretation as given by the fanatics, Who say that Christ addressed Peter, and then pointing to himself said, “* upon this rock [ will build icay church,” but this interpretation was not sustained by learned Protestant Commentators. Here the learned gen- tleman quoted Dr. Maub and the German Rosen- muller as utterly hostile to this interpretation. The reasens in favor of it were utterly demolished, and from the refutation of those arguments, I will pass on to the consideration of the words of the Redeem- er. “To thee willl give the keys of the Kingdom of Heaven.” Showing clearly that Peter was made a foundation by Christ, and not only a foundation, but a chief foundation under himself. The Kingdom of Heaven means the Church; the keys even among the Heathens are emblems of chiet authority —the Propivet speaking to the Messias said, “that the keys of the house of David would be placed on his shoul- ” and the Messias said to Peter, “‘to thee will I give Let any one trans- port himself back in thought, to the time of Christ—let - him imagine that he hears Christ addressing the Apos- tles thus :—"You are the light of the world, you are the mountain on which my city will be built, you will be united to the Prophets in the foundation of my church ; but there is one to whom I will give supreme command over the rest, and thou, Peter, art that person.” In view of this, we must pity the weakness that will refuse to ad- mit the supremacy of Peter, because Saint Paul has seid, t we are founded on the Prophets, and on the Apos- tles.” Upto this, the words of Christ to Peter were merely promissory. ‘Thou art a rock, and on this rock L will build my church—to thee willl give the keys of the kingdom of Heaven.” Let us now see if this promise was fulfilled. It was. For Christ, some days after his resurrection, said to Peter, “feed my lambs—feed my sheep.” The word feed, here means to govern, and Christ im the 10th chapter of Saint John, called his church a sheepfold. And here he gave to Saint Peter power to feed the whole fold, both lambs and sheep— tors and people. Christ on the day of his resurrection in- vested all the Apostles with the apostolical commission, “go teach all nations, whose ou shall forgive, they are forgiven.” But, some days after his resurrection, he says to Peter, “feed my lambs and feed my sheep.” Now, either Christ gave no power to Saint Peter, or he gave him a power common with him, | Butto assert that e gave 110 power to Saint Peter on this occasion, would be against the words of Christ—“feed my lambs and feed my 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 by the Evangelists—‘Simon and the rest.” He said to Peter and to those who were with him, “tell it to the disciples and to Peter.” The critical reader will say, from this way of mentioning Peter's name, that he The word : : . had authority over the other Apostles, . . 17 Wall street, or 6 West strect. ous for cabin, second cabin, and steerage | the appointment of the officer to some court, or to the | tion of 1777, this clerk was appointed by the governor | :ta.narrow construction, and to make ita mean, meagre, | i i ‘ . see hae te RDELPHTA IN A’ [iseisery tis well known, are superior to those of any Governor and Senate ; and thus the constitutional provi- | and council ; he was clark of the Court of Oyer and Ter- | Jean spectrona miserable phantom of power--a. Beoss | Michael and hisangels, in the 12th chapter of Revels FROM BOSTON TO PHILA d line of packets. Persons wishing to secure berths sion for a choice by the electors would be completely | miner, and recording officer to record deeds ; clerk of | dece,tion.- Hons, Wi sie puat alae neta eae tere ei is DAY. | fail to make early application 9 board, foot of Bars 8 nullified. Ido not doubt that the Legislature can regu- | the sessions, circuit and sittings, Mayor’s Court, &c. ko. “« Like Dead Sea fruits that tempt the eye, | oat e ee deter eon incomes acarraties waoaunie Ld “d) daviediteue my, ny late the duties, and reduce A take away the fees of the | And tl very first efficient specific powers or duties a But turn to ashes on the lip.” | mieariek peionnk sta ‘saite ak ian the ion it re 75 South street, corner of Maiden Laie, | oficer, and it may perhaps abolish the dong, pone. long | signed to him, are the duties of the Mayor's Court cal And Justice Bronson was right in the decision he deliv- | of the Apoetion=the the Court of Common Pleas, and of the Court of Ses choice of the officer belongs to the electors of the coun- | he bein; ty. ‘They cannot be deprived of their right by changing the name of the officer, nor by dividing it into parts, anc chapter of Matthew, a catalogue first Peter, &c. &e. This, said impression on the mind of Beza, this word first, was introduced into the text by some ed. You can’t lop off its vitality. | itatall, you must give both branch people, and not to the court. But thi If you can change f the office to the law does not even made so powerful an © common clerk of the to make him say thet New York. By the act of at the time arb 4 of : ? | sails on instant, and t - Niger a hs RD res FICK on the th lust. For passage, having splendid for passengers to leave Boston at we oreloek | accommodations, apply to 5 (9) chapter 39, p. 265, section | give it to the court. It gives it to a fraction of the court ; ‘ : fake the Philadelphia x quarto belore aud arrive Cte st aoving ordintERDMAN, $1 South treet, | transferring the selection of one ofthe oficors to another in 1 Revised Lawes, 388, sec 12, April 5, 1813, | fo thrve men, who are fy Ht made the court for the tine. | Sekle® for the primacy of the Fope., J will now allude ake the myzitt | N. B~Those sending for their friends residing in Great Bri- | body. If the office may be divided, and the duties be as- Of the Clerk of the Oyer and Terminerand the | being, Now,can you thus give things wrong names, | to some o the actions of St. Peter, which are recorded i stant, the car thatleaves City Hall at sixo’clock in | ife throughout the United Kingdom, ou application a above.” | {08 0! the county. No other rule will give full effect to | Clerk to be appointed by the Governor and Council. By | ples of the Constitution, and stealing away the chartered | PriMOCY.. Cdr or another. He convened a council ef the morning for William’s Bi Jralf past five ; returning, wil eas seven o'clock. ar that leaves City o'clock for Harlem, will le to William's Bridge { returning, lea seven o'clock and tweuty minutes. \jud ere i 's WEEHA WEEN aG UNTAIN PAVILION, the act of April 1813, 1 Rev. Laws 338, sec. 11, the Clerkship of the Court of Circuit and sittings wero 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 of N.Y. to record deeds and mortgages, who was to be appointed by the Governor and Council ; thus depriving | him of the duties of RecordingjOficer. ‘Thus we fini this Clerk, as originally appointed, and how ; we find this same Clerk of the city and county recognized as a Clerk of Courts (and show that at the adoption of the Constitution he was Clerk of no Court beside that of the Common Pleas) by various public Legislative Acts ; and in the same way we find this Court recognized, confirm- ed and modified ; to wit, by Acts of Feb. 5, 1787, c. 10; April 6, 1787, ¢. 72; Jan.’ 3, 1797, c. 1; Feb. 17, 1806,¢. 1. iu5 rre Re FOR NEW ORLEANS—Loniniaus and New York Line—Regular Packet,to sail en Mom June h— ‘The elegant, fast sailing Packet Barque GENE: EE, Capt. Minot, will positively sail as above, her regular rights of the people ? Most certa.nly not. The 7th sec- tion of the 4th article of the Constitution, provides that Justices of the Peace may be removed by the County Court for cause. But would it be constitutional to pass that A. B., or that C. D. shall “be deemed” the County Court for the time being, and shall have ower to remove a Justice? Who would dare attempt hus to infringe the rights of the people? and yet that ; would not Dea preuiee ‘outrage thereon, than what is | the authority conferred on bay Hp Hand = yersiy mi attempted in this act of April 10, 1843, | terial, and given for the benefit of the Church, it was al- Mr. Currixe here again referred to the opinion of | Ways to lust in Peters tuccessors. ‘The ordinary suc- Judge Bronson (given sbove) and to the ath Wendell | SA0e'h.9 words of the Bishop of ‘ilevi, uses in Nume- nae per aay) ian’s case, to show that though | di," Who said, against a Donatist, in the fourth century, eethiog weray freee theme? unse,to the People, IEt00K | nat Linus succecied to Peter, that Clemens acceded tke Apostles at Jerusalem, and the Saint James was the Bishop of Jerusalem. Saint Peter opened the proceed- ings of the Council. Oe ; ‘Alter displaying @ vast deal of biblical and acute criti- cism, in answering the leading objections against the pri- macy of Saint Peter, Dr. Power passed on to what he called the other branch of the subject, and said : That as 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 Jast, which argument will “For freight or passage, having handsome furnished acco teat ge ato a pga gS yg LS 7 1o and Mr. George Wood are counsel for Mr. Warner ; . JESUP. dations, apoly'on boat at Orleans wharf, foot of (Wall st, | A2d'Jobn Van basen, Fog. Aturney. General, und MF SUMMER ARRANGEMENTS for con- | Ff0 E> K. CO! oo hg, | FB. Cutting, are counsel for the people. Saar o's Descongers to and frots Now Yorke | son tnstant nets seeri gad cn, bogenattar Barareey <YRRMAEY |r o Case Wak opened by Mr. Brapy on Friday last; oot Mier the’ loth of Jame as follows: | Agent in New Orleans Mr. JAMES E. WOODRUFF, | but whether it was thathe was conscious he had a very ving in the city ‘about 8 o'clock, 2 o’clock F. ho will promptly forward all goods to his address. jl0ec i a bad case to sustain, or not, he certainly made but a very “clock, o'clock for the Ferry. OLD ESTABLISHED EMIGRANT PASSAGE OFFICE, 61 South st-—Passage from England, Ire- laud, Scotland = Wales—Those sending for their, rieuds would do well to an act, sayin; ne ‘ ee indifferent argument ; and much inferior to the able ones Fare One Shilling, exclusive of ferriage. he usually does deliver before this court of last resort. the Astor House, from No. 2 Barclay street, half-past Mr. Budoy contondod that the Legislature had a right eave at , treet, he Be! - 5 7. ‘s . St. Augustme gave the same cata- 9 o'clock A. M.; do 4 P, M., arriving at the Pavilion in time for themselves of the opportunity of | to pass this Act violating the charte tution | And so on all distinctly and directly down to 1826, when | Mr. C. went on to say that the Clerk of the city and | Linus, and so forth. BN ; Prest dinner; do 74 o'clock, jn time for cen. inaking their arrangements with the subscribers ou very mode: | without a two-third vole. ‘That the Legislature had the | he was recognized bya public act as clerk of the city | county of New York, being an officer whose appoint. | S0gue of the succession of St. Peter Phulip the Presbyter, i irk Caretages ata om TE ROBINSON. | Meera, by: frat class packet ships, sailing from Liverpool | Power to regulale the ollce’of County Clerk ; and that if | and county of New-York, and clerk of the Court of | ment hav been provided fein the Constitution: that j in the Couneil of E (eae Ae Na AS ny sy a i Proprietor of Omnibusses. raits can as usual be furnished for any amount, payable | #f they could regulate it Ties. Goa take away any of its | Common Pleas. And the perfect history of which we | neither the 13th or 1oth sections of the 4th article can Tho Greek and Latin Fathers have admitted this sueces- ft at No. |, 165, 168. of jcati from the Pavilion may be I Communications to or from the Pavilion may be nty of New-York then, fees, or duties, or du any thing th Barclay street, That the Court of Errors could not it they pleased with it apply to his appointment. The clear object of the provi- in judgment on the T ‘a ounce) dmitted _ lesiastic slon reserving to the people the right to clect the Clerk | tion. The General Council admitted it-—ecclesiastical D | @hrough i ii ‘ ih find in Kent’s City Charter, p, 1! ughout the United Kingdom. ARDS a: t P Ls, .N, 61 South st. The Clerk of the City ane . ‘ " i i i i it—every light that leats to Christianity Stages will san only from the Pavilion to the Ferry, oa San- | ‘The mail steamer Hibernia sails from Boston on the 14th inst, | discretion ofthe Legislature. ‘Chat the Legislature can if | was of the county. was net tesecuree tere nominal, privk {history attests it—every y days aud the Fourth of July. jos trtre | DL Wich Jettors can be forwarded quickly. myth they please make the oftice of County Clerk salaried of- | c,dst, Clerk of the Common Pleas called the Mayor's | jege, which eeld vitthe Legislatur could deprive throws @ flood of evidence on athe subject. And — » 1845, | ON? D fico. ‘Phat they can consti‘ul 'y pass a law deprivin; court, that officer of his functions ; bat it was intended (o se- » ad fling the N \ NOTICE. | BURDEA? EATENT HORSE-CHOES | ‘Chancellor of many of his duties, privileges sade < | “Qd. Clerk of the Oyer and Terminer and the Sessions. | cure the right of electing such Clerk, with the same. | ein we ae Be Me ew Testrment to the STATEN ISLAND | in hardware in the United States are warranted pee ents, although named io the constitution T 3d. Clerk of Circuit Court and sitting: general powers and functions as had been constantly ex. | Winds, 0. . FERR | feetin form and made of the very best refined iron, can reduce the emolument to $5 a year,ifthey ple 4th. Recorder of Deeds and Mortgag Srelsed by ‘hin; aed. this therefore, ousht 2 T OF WHIT SHALL STREET. | and sold at a fraction oves rice of iron in the bar. | Uhat the Clerk of the City and County of New York must And he possessed all these powers as Clerk of the | to be carried into full and liberal effect. (Kent's notes, Evectro-Macreric Tetecrarn —The Electro- FOO" iE “ : Every shoe which may nd not, in accordance | be put under the control of the Legislature, or else he | County ; and his first specific duties were those of Clerk | p, 167; 20 Wendell 17, per Bronson.) And itis very sin: | yfugnetic Telegraph between Washington and Bal- Saturday Re Sake Hy deeamboats SYLPH and. With theabovs recommendation will be received back and the | stands in his integrity, in tact, and immaculate. ‘That | of the Common Pleas. His main duties were the Clerk. | gular, that after Mr. Justice Bronson, in 1840, selected! | {;;ore, since it became branch of the post office depart- SPATENISLANDEM will” w Yor money refunded, with allexpenses from the most distant part | ‘Warner was Clerk of the Common. Pleas at the time the | slips of these Courts, and the others were incidental | this case of the Clerk of the county, and laid down these | ‘more,siner it Deceme a lean ot ote Past omen Heer: P.M i Ae ocd Te Me Leave BURDEN, 45 P.M., commencing at 8 A. M.,until 7 P.M. Leave H. Flag A A every four except 4, commencing ats A, M-, my 18 1m*rre yy Iron and Nail atoty. bat Oe ER FOR SALE OR TO LET—At the nine mile stone Act of 1843 passed. a County Clerk to keep a deputy, they could take away his emoluments and give them to an officer of their own ‘That if the Legislature could order | thi jo. And we clearly show that all these duties were distinctly nized as his by the Legislature. The actof March 11, 1808, c. 39, p. 265, sec. 1, of the Laws rules, which no one ever doubted or opposed up to 1813, that we, in 1845, should see able counsel rallying in this Court to prove that this Clerk can be appointed by Mi- dence between the merchants of the two cities, is con stantly carried on by means of this important invention ; and we learn that it is frequently the case that orders, . tins"! NEW FERRY TO. ingsbridge Road, four han a creation, to be appointed inany manner they pleased. That | shows clearly what officor they had in view when they | chael Ulshaffer, Daniel P. Ingraham, and Wm. Ing! Fecelved heré at one o'clock, P. M., from Weshington, FORT HAMILTON, Mi ifetn sve cach ie gomec wits hicdher madeccline | the city charter recognized but one Court of lecord, | were legislating; the clerk of the Common Pleas, who | Butvo.come to the th and last point, we say—Ii the | received hers at one, orclock, PM. from Washington, YELLOW HOOK AND NEW YORK. Piazzs front and rear, stables and out houses,finished in the best | (the Mayor’s Court,) which monopolized all judicial busi- | was the clerk of the county. After the statutes was left | Legislature have the power under the Constitution, | Sf ture ‘o'clock the same afternoon, at which hour the ‘The steamboat HAMILTON, Captain H, manver with marble mantles and grates. | hess. ‘That tho establishment of the Superior Court | him with only the Pleas and County clerkships, the |to confer authority on the Court of Common | fecertion of heavy goods ceases for the day. Orders for Mallan, will run between New York. Yellow The other, two houses each nine rooms, finished ns above, took away much of the County Clerk’s emoluments, and etehig of the Common Pleas was distinatly recog: | Pleas of the city and county of New York to | foul packages, received at half past four, are attended look, and Fort Hamilton. till further notice, Alto, one large Stone House at Fort Washin wek's | Yet was perfectly constitutional, and that there was no | nized as belonging to the clerk of the county; for in the | appoint its Clerk, still the act of April 10, 1843, | t)"bromptly: and the goods forwarded by the passenger i tonlows, every day, leaving Pier No.1) Rast River:— rovtas and 0 PL cene wal Maaod, wie oartlemintion ole difference between that act, and the Act of 1843, | 4th Laws p. 144¢. we find an “ Act concerning the seal | i, Invalid, because It was by amajority and not | {°! , neagheg tgp hd Agred women md flaud—the house well finished, with marble mantles and ; , P. pa train, -watel’ Waves Re New York, 7 o’clgck, A; M. | Fort Hamilton, # o'clock, A.M, | pene Of lau how cemplained of. ‘That the case ‘of the People vs. the | of the Court of Common Pleas, called the Mayor's | by a two-third vote. it excludes the Mayor, Aldermen | Washington at half past seven o'clock. ° “PLM. 5“ P.M, __Allthe houses have gardens, well laid out The Manbattan- | Mayor of New York, 25 Wendell, 680, disposes of this | Court,” passed April 15, 1818; by this act the legislature | and Recorder (who by the city charter of nand | "A deep interest is now felt on the subject of the tel ‘¢ ec 7 * ~"#'" ville staxes pass the premi ry hour inthe day. Enquite | whole question. That the Act of 1821, making the | recognized that there was a clerk of the Mayor's Court | Montgomerie, 1686 and 1736, and by various legislative | ¢45) and movements are on foot which will, it is SU! of . Carman, 639 Broadway, or at Fort Washington, and at | Court of Common Pie’ flicer, (War- | called the clerk of Common Pleas, who was authorized | enactments, have a right to sit in the cour dges eee Me oon secure an uninterrupted communication Will leave Pier foot of Pike street, E.R.at 10 o'clock A. M. ‘ore 153th street, Kingsbridge Road. jell 2w*m_ | ner,) to act in the name of the County Clerk, renders | to use the new seal made for instead | thereof) from any share in the appointment; and in thie | pueusun “Hr aie cities in the north along the Atlantic and He, at 1034 o'cloc TO LET—The new Hotel, now finishing at Hoboken, | the whole mat abject to Legislative control. That | of the old city seal; to cau Jayor’s | respect, as well as in excluding the clerk of the city and ieaen now traveliiag in the west, in M, and and Pier No, 1, by Ht., at 10 o'clock A. M. a1 ly ‘adjacent. to the ferry—built in modern | jn regurd to whe Court to be ae altered es to Insert Ita new name, and this | rodeie'ot New York from the clerkship of the Court of | Coust:, A gentleman now travel ag in fee weet in ae ance Wceaaee Galiths stovepieee 50 feet, three stories, with pinzza on two | two.third vote oF not same clerk was the clerk of the county—well known | Common Pleas, alters the charter of the city. And if | ter written {0 a (iter of Nis) Ae tates how iho Taw of 1843 * wo and notorious—and was charged to do these specific du- | this court can recognise that clerk and court, the case of | OF lllinols. Noy Te oats Co on ough this country in ‘reight takeu on reasonable terms. JU 3t%rh it was legally ; and he tl ties in, the act of ). 27, 1821 rd the People, 4, Hill, 384, is quite conclusive in | t1,9¢ astonishing invention, Morse’s } tic ee SW YO! ALBANY AND TROY LIN yor iculars apply to James A. Stevens, Jr., atthe | must do so by @ distinct ng ‘ou cannot on | ch, 72, p. 64,5, sec. 11; by this the name of the this That is, that under the charter the clerk had | \ten are excited about it, and are talking now of order NE NY AND TROY DIREC’ fice loboken Land and Improvement Company, a demurrer show that a law was not passed by a | Court was altered to that of Common Pleas, hn certain rights and the court had certain rights; and to | ing their goods for this immense west threugh the tele- eRe ae ANT eMVIRES ; Hoboken.____________ijel2 twith | two-third vote. ‘That there wat nothing on the re- | tional First Judge was to be appointed; 0 that always | pass a law taking away those rights without atwo-third | IS." ‘They say they must have it—Baltimore .tdcer- leave the foot. o ‘OR SALE—A beautiful Country Residence, one mie | Cord to show that this Act of 1843 bel d to that | after this the Mayor's Court was to be called the Com- | yote, is unconstitutional. Butitis argued that it does not | fise;, treet, ou BA AY EVENING, at 7 o'clock. ym Hossviile , Beaten sland, a Farm of 2 | class of legislation which required a two-third yote. | mon Pleas Court; and the act expressly specifies Who | appear onthe record but that this was atwo-third bill. | e eu . Mike pipitoy owing so-burlighs Ggangheet vasen will be ena- rae first- i ange and 6 baecinde | ‘That this act creates a new office, and gives powers to on | shall hold that court, viz.: the Mayor, Recor- | Now the answer tothat is, if you putin a plea that you | Progress oF THE West.—There seems to be no bled at all Limes to pass the bar, and reach Albany and Troy in ngs; ph officer of its own creation, and takes away no power | der, Aldermen, and First Judge; these are all | havea right and title, you must put in aclear, full and | 0G \ Bhs F walle tatindla di copia es co ea peal train of care going eatt Or tr | ae ae aan a aT oe p at | from the Board of Aldermen ; ne fee Aldermen never | jiges of the o ieat thts pote a aig that cont valid fitle on its face, a the two-third vote certified | poe oe way arg allie a te : — ‘ d —— possessed the power to elect thia officer; but the ‘o that here, in 1821, this [Mayor's Court, (as previously | therein, or your title fails. : ; the ofice 09 the wher Jel re_ | (YENERAL BUICDIN' RS, 39 Nassau st come’ | (ure, in creating this new office, gave the power to el | existing,)is most fully recogmited and continued, the title | "Brany.-The presumption may be that it wer atwor | look ay livel as in Bulfalo, Tondty, there w SALE The aremboet Richmond, | win gscine, Plastering, Wie ately attended to for | hin to some of the Judges, (three only ;) and then comes | thereo! only being chi By the 13th section of that | third bill. | chancery, of two lots, in the o i, Lyi, hws yt painted, and all other repairs pices es best | Up other of the Judges of the same court, and say “ this act, it it shall be duty of the clerk of the said | Gurtine -There is—there can be no presumption at | up. e _ ty oy tay rbedpey gh evil jews stroke, in g order and fit for fs hie Ti ; manner, Also, furnace » kettles, boflers, | unconstitutional, Ye ee are taking omar our char- | county &e., to cause a new seal to be made for said | ql] about it. Your honors will remember that classof | by —— —_ % tae Sarak disteivt. Wile cop ;, would answer for « tory, fretal or y ovens, and every kind ‘of fire works put up. None but good tered rights.” ‘That in the Purdy case, 4 Hill, 344, the | Court of Common Pleas, &e., &c.” Here then is are- | casos where you said you'd go behind the record, to the | the city of New Yor Boyle day, hs, ae a font having fuished cabins with berths. if hotsold before the | Workinen employed, Expeditions and mod chai matter was different ; because there the Aldermen had | cognition, full and clear, of this clerk and of his duties; | Secretary's ofice, if necessary. to get atthe truth on this | stores will be put up this, summery af) or Henk A tie 1 nt, will then be sold at public auction, at the Mer Chimney tops lor curing smoke. Up town orders left with J. | always had the right to sit as Judges of the Court of | recognising the clerk of the county as clerk of the Com: | point, In 1942, a law was J requiring that all two- | ern is already commen | MAG TA cht Kxeinae, on that ay, or tuther taforsatons apy | Quinn, lyme, st Broudway py vote il | non Please ‘This wae in February, 162}; Just before the | Unie ills should be. ‘eerGued to on thol ince, and this | arnumber of stores are now in a state of forwardness, to Messrs, Dov 7 South street. julat | ae +} ‘Judge Inglis, however, has always contended that acoption of the Constitution. On this, with the fall | act we tobe null, was passed in 1813. (Session | The brick made in this oily ae beans ape = ll REMOVAL. | GALVANIZED IRON AND TIN. the law was unconstitutional. knowledge of convention met, and | Laws c. 397.) And therefore you have. thus ut tend you a sample of stock, brick-—a medium between MER RARRORLS MEDICATED VAPOUR AND SUL (JALVANIZED SHEET IRON AND TIN, # very. au. Kent's Charter p. 23, 615, p.71. 3, § 97, acted very fully, deliberatel clearly, upon the | cial information that it was & more majority Bill. This | the pressed and commo ‘ind, "Notwithatand UR BATHS are rent) co ars jorarticle, not torust, Also, 1 tate Bree p. 166. 4 Web. 329. 5 Web. 265. 1 R's 988, 11! | omtes and duties of this olerk ; and at that, timo, Nov. 10, | erihacmrrtenad sah chortered Rights, was passed by | the improvements in the city, the country | ps ahead 14 Fates rE Solace: Broxdway. Opea rom 6 o’eloc! Iron, jin $I Iron, Sheet Copper, Zine, hw met) 12, 2. 8. 402,§ 109, 160. Stat. 1818, p. 144, ch. 162, 18ut, the clerk of the city and county of New York, | only & majority, and is null and void. And, again do not | of it. Produce is about the same as in a — oe OO Te a CARs eee | Stat. 1801, p. 64. , " was’ clearly and legally the clerk of the Court of | your Honges kaow judicially what is tne Constitution of | waukie Letter, June 5.