The New York Herald Newspaper, April 13, 1848, Page 1

Whole No, 5067. SUPPLEMENT TO CODE OF PROCEDURE. TEMPORARY ACT. To the Legislature of the Stote of New York "he Fearne on practios and pleadings beg leave harowith to rubmit the draft of a temporary act, da signed to facilitate the despateh of the businees which is now pendirg in the courts, or which may be commenc- 4 bafora the coda of perosdure shail go tote effect In the firat report whieh they had the honor to pre- sent to the Legislature. the commissioners promised to submit such ap act; the code itself having reference only to future cases These their intention teintroduce into the temporary act so much of the code as should appear to be appl'exble to pending cases. and it appeated desirable therefore to await tha notion of the Legislature upon the code, that it might be seen whot shape it assumed in ite final pys- sege. It having now passed both houses, the annexed act (a immediately submitted to the cons'deration of the Leatelsture ‘The two mont prominent features of the former re- nort.—thore relating to the ebolition of the common law forma ofaction, and to the union’ of legal and equita- ble remedies mn @ common system, in thir nature. npplinable. only to future actions ; and it wa deemed bent, in order to preserve the harmony and unity of the entire aystem. to confine the cnde exclusively to that class of cares; but, by a subsequent act, to meke apol!- es to existing suits, such parts of it as would not in- terfere with the forms of action, and as might be deom- ed bevefeial. Every lawyer and jadge engeged in the admidis- tration of justice in clvi! ranganir gtd Wr firat er ext, of necessity, mal imeelf acquain: win eae ‘The courts will be organised economy nor conve- 10 govern'th» tris] ef ene i in having one set of rul pod and paces for the next, when the seme tre Hy a 1a beth. TThe greed delays of justice of which the people com- plain,exist eblefly in the first judiciel district. With the exception of this district, and bly the t’ ird, the arrears wa not very considerable, les ving ott of view the onges pending in former supreme court and court of choncery. sommlssign have reason to believe that in the other districts, nearly deepatched ita busi their power to soy the rame thing of tate ; wor they constrained to sny, that, im the first dis- triat, the ‘amount almtort to Lot justice jen! To for quate idea of the state of the business there, it is oniy necesrary to refer to the returns made to the ecommiseioners by the clerk of the city and connt: of New York, and the clerk of the superior court, whic! ere hereto annexed, msrked A B (omitted.) Ifto the mess of arrears, thus shown, be added the cases now pending before the chancellor and tha former suprome court, which will remain undecided on the first day of July next, and be returned upon the first district, t! will be, to say nothing of the current litiration, an ag- | gregate of business, which the present judicial force thore concentrated would not dispose of in several oars. % It isindiapensable that that this mass ofarrears should be cleared away, both on account of the parties concern- ed in it, and to make way forthe future business. What- ever may bo the causes of the delays, they should be sought out and removed without hesitation. If, on the one hand, more judges are necessary, they should be enpplied ; if,on the other, the prosent judges are euffl- cient {2 number, but unequally distributed, or other- wise uvable to dispose of the business, the proper re- medy should be applied. Among these ceuses, the commissionors think the first is the fact, that there are uct conrta enough for the transaction of the business of the district. This is ow- ly to the moglect of the supervisors to provide neceseaty eccommodations, and partly to there too few courte assigned to it. Special terms and cireuit courts have been sppcntes, which have fallen throngh fer want of suitable rooms. Aud thera is but one general term sppototed between now and July, and but two for the rest of the year portion of the litigation of the State is carried cityof New York. Thecommerce of that city naturally draws to it contracts and relations far more mumerevsjand jmportent than wo accrue to the rame amount of population in other parts of the Sta Inatead of ajudicial forea in proportion to its popu! tion, it should be rather in the ratio of its business The forse actually given, however, falls far short of this pro- ortion > It is also known, thot the courts in the firet district, for rom: have not been enabled to transact an amcunt ef business proportioned to that which in Compliahed in other distriots. For this result, a vs: be assigned, into which the commiesio: ssary now to enter. One, ho If to their minds is this: dineas on the part either the courts are frequi without having tried any of the Sunt termed the day calendars. Some of f taking their places upon the next day’s ci le others are postponed to avother day in term. Thus it has vot uo‘ d second—parties whose causes yndur, have been obliged to wait the oonventence of the parties in the earlier causes. The commissioners re call upen the clerks in the aity of New York, forstatements, showing the num- ber of causes cn each day’s trial calendar of the circuit. supertor court, and common pleas, in that oity, since the 5th dey of July, 1847; the number tried on each day; the number postponed en each day, for the term, or to another day in the same term; the number called and passed, or marked “down” on each day. They have, an yet. received no raply to that call, except from the clerk of the superior court, whoss statement ia an nexed, marked C. By this, it will beeeen, that by far the greater portion of the causes calied for trial, are paesed either for the dey or for ihe term. If tried atthe ksme (erm, they take the place of causes of @ younger izsus, which are thus driven off from term to term,while, ifthe court were constantly cceupied in the trial of causes, and the carer not ready wera deprived of their ty, they would probably be tried at the firet, or, at the utmost, at the escond term. Oa cach subsequent term’s oalondar, they retain their priority, though call od ata previous term, and passed through the mere ne- glect of the perty. "To obviste this, section 16 and 17 are propored. By deprivity causes thus parsed, of their preference, unlece for good couse the court otherwise direct,yourger irnurs Will be more epeedily disposed of, and ths courta will be constantly occupied By the 20sb section of the judi ro-bearirg at the general term js allowed in cases of equiinble cognizaues, determined at @ epecial term. It appears Lo tho commistioners, that there should be come o*ck and come discrimination in this respect, and that when (he proceediags are stayed, security chould ba re- quired, as ii there were iuname whet there is in tact, peal rom the decision. This is provided for by seo ions 7 and 8. Some meds of reviewing an order mate at a spacial term rhouid be provided sections 9 and 10 are prepared with that view. If such & provision be not made, great injustice will sometimes happen {fo aborten the delays and remedy the inconvenience thus exolnined, and togive tothe parts of the Sta! which mort reed it, such portion of the judical force oan be ep fom other paris, have been iu port the ° ts of ho commissioners in the act herewith sub- m time to remain idle were lower on the cali ry act of May last, a od. They are bware that ‘his act will focreage the labors of the jadges; but, it will be temporary only fo its ap- pileation, and they ace £0 alternative, by whioh it can by avoided, short of a denial of justice, ‘Ali which is rcspactfuily submitted, ARPHAXED LOOMIS, DAVID GRAHAM, DAVID DUDLEY F ELD Avwany, Metoh 31,1848, Act to Factlitate the Dotermtia ton of he Courts of State, Siae of New York, representid in y, do endot as foltows: and abridge ths practice, of the courts ot this State, tthe presens signsted as the “ IN GRNERAL dure refurred to and applied to existing suits 1. Othor provisions relsting to existing suite. CHAPTER I. + of Procedure v firred to and ap- ied to x'sting suite Ses. 2, The provieious of the Code of Proordure con. tained in the followlog sections thereof, aro hereby ap- plivd, so far as the asmo ere applicable, to fature pro- eedings iu civil suits, whetber at law or in equity, pending when that code shall take ¢ fest, aA follows: — 1. S-ctiont 63, 101, 145 to 151, both thelus.yo, 270, 341 an! 942, ‘0 proosedings in actions in the supreme court, ia the county courts, ia the superior court of the city of New York, in tha court of common pleas forthe city of New York, in the mayors’ courts of the cities of Al- bony, Hudson, Troy,and Rochester, and in the record. exe’ courte in the cities of Buffelo and Utics. 2 Ssotiors# 247 to 267, both feclusive, to executions ch ajodgment or decree in apy of those courts, herent tor instied against ony peteon, to the rhoriff of the county whors ho resides, or if he reeido ont of the State, tothe theif of the county where the record of jadgiment is filed or the decree enrolled; the word “jadgment” in these rections being taten to include a decies. % Seotious 271 to 279, both inclusive, 281 to 296, both Inclusive, and 301 to 324, both inelusive, to the review Of Jucgmnen’s, dverrer, and fuel orders, from which no of error or appeal shail have beea wady token, the werd “judgmenv” being taken to include a decree, and “Jadgmen: 10” to inclade the record of judg sent and enrollment of doares. ions S44 to 366, both Inclusive, 367 to 376. both 373 and 379 to proceedings in actious in all | Jurisdiviion to the State Sections 360 to 863, both inelusive, to non enome- in the courts mentioned in the first sub- division of tbis section, enarrer Tl, Other provisions relating to ewistis So. 3 Any auit in equity now pending erupreme court, or which may be there pandicg before the first doy of July next, or any issue therein, whother of fact or of Jaw, or of both, be re: d upon the written consent of the parties concerned; and vpon the like consent, a reference may be ordered to take testimony, or to wt facts, or to execute apy order cr decree. Seo, 4. Where the parties do not consent, as in the Seotions af the Ce = << Inet section mentioned, the court may, upon the applica- tion of either, or of its own motion, direct aroference in t, in the followir g cass : 1, Waere the determination of an issue of fact shall require the examination of « long it om eivber cide; in which case the reference may be to hear and decide the whole issue, or to report upon avy spacific question of fact involved therein ; or 2. Where the taking of gn account rha!l be necersa- ry for the informstion of the court: before deoree, or for carryig an order or decres into effect ; or 3 Where @ question of fect, other than upon the pesdings byt erise, upon motion or otherwise, ia any stege of the suit, eo. 6. Ths report of the referee cr referees upon the whole cause, or upon the whcle of apy issue therein, shall stand as the decision of the court, in th 9 mene ner a¢ if the cause or issue had been determined by the eourt at o special term, and may be reviewed in like manner, Seo 6. The referee or referees shall bs appointed in the manner provided in sections 228 and 229, of the code of procedure, and shail have the powers specified in section 882, and the compensation specified in section 263, of the code. Seo. 7. No re-hearing shall take place st o general term of the supreme court, of an order or decree made at a epeolel term, unless the eame involve the merits cf the suit or prooseding. or rome part thereof Aud fur- ther proceedings upon tho order er decree sheli not be stayed, unless security be given in the same manner, and to the same extent, as would be required if peal were taken to the court of appeals from the same or- cn o (ye eer or eonfirmed at a general term — ball suc! ing ed, unless notice of the given, within ten after notioe of the order or decree re-heard, with the security thus required. Seo. 8 No petition for a re-hearing uced be made In- stead thereof, it shall only be pecessary to serve a notice in writing on the adverse party, and on clerk with whom the order or deoree to be reheerd is entered, ata- ting the application for # rs-hearing of such order or do: cree, or some specified part thereof. Sea. 9. Any party aggrieved by an order made ata special term of the supreme court, in an action at law, or in a special proceeding, whenfit involves the merits of the ection or special proceoding, or some part therrof, may eppeal therefrom to the court at a genera! term ; where, upon such appeal, the erder may be reversed, af- firmed or modified, according to law. Sco. 10. The appeal in the last section mentioned, ms; be made, by the service of a notice in writing. on the ad- verse party, and on the clerk with whom the order is entered, siating the appeal from the s2me, or some spe- cified part thereof. But no such appeal shall be taken, unless since of the supreme court certify that, ia his opinion, it is proper that the-question arising on the appeal should be decided at the | seam term. TITLE It. PROVISIONS RELATING TO COURTS IN THE FIRST JUD DISTRIeT. Seo 11. The general term of the supreme court op- pointed to be held in the first judiolai district, on the tiret Monday of April, 1843, ehali be continued from the first Monday of each month to the third Saturduy thereafter, until and including the third Saturday afcor the fiest Monday of July next, or unti the calendar be sooner heard, or a sufficient opp! be given for the hearing thereof. Seo 12 Theepecial terms and circuit courts appointed to be held in the firet judicial district at any tine hore- after, before the firat day of July next, shall be respeo- tively contiaued from the first Monday of cach month to the third Saturday thereafter, until and including the third Saturday after tho fires Monday of July nex, or until all the cases reedy thsreat for haering or triel be sconer heard, or otherwise disposed Sec. 13. In ‘addition to the courts already required by there sha!l be held on the first Monduy of Septem- ber noxt, a general and special term of the supreme court. and a cirouit court in the first judiclal dietrict by ch judges as the govert: by appointment, ia writing, designate ; which nd circuit court shall be exclusively devoted to the determination of sults and proceedings in the supreras court commenced before the first day of July next Bec, 14 The terme sud circuit court, mentioned in the last ection, shall each be contiaued in each montb,except October and Jexuary, from the firet Monday to the third Satardsy theresftar, inclusive, uatil tho fourth Saturday in February next, or until the suits and proceedings mentioned in the last ection, ready for heating at auch courts, shall be sooner determined. Seo 15 If the judges assigned to hold such genoral or special terms or circuit courts, or any of them, be un- by reason of sickness, or judicial engagements tisowhere, tosit until the close thereof, the governor shail easign other judges, not actually engaged in hoid- ing court, to tako their places respectively. Seo. 16. When a cause, placed upon the calendar cf a eourt ef record in th» city of New York, shall be regu- Litly cailed end passed, wi'heut @ postponement by the court for good cause show2, it shell thenceforth take its 1CLAL Place on the same or any future calendar, as if the date of the isnue were the time when it was thus psased. Soc. 17, Inthe cate mentioned in the Iset svotion, it thall bo the duty of the party placing @ onuse upon the calendar, fora subsequent term, to state the date of the ingus, ee above prescribad ; and if he omit to-do so, Tessou where f the is:ue retains its priorl'y om the oal- endar, the court, on the application of the adverse party. or of itsown motion, may strike the cause from the calendar. Seo 18. This act shall take effect immediately, except that section twe shall take effect at the same time with the code cf procaiuro The New Enilgrant. AN ACT For the Protection of Emigrants arriving in the Slate of New York, passed <Aprii 11, 1848,— * three fifths being present ” The People ef the Stare of Kew York, rep-es:nt d in Senate and Assembly. do enact as follows : Seo 1. The comuzissioners of emigration aro hereby authorized and empowered to lease or purchass suitabl docks or piers in the city of Now York, aud cessary enolosuren thercon, aad such docks and piers appropriated and netepart for the exclusive use ding emigrant alien passengers; but no docks or pi shail be pucchaved or leased without th- approval and consent of the common council of said city, aad tho ex- Penee thereof, not to excsed fifteen thousand dollars, shail be paid out of tho moneys pald iv pursuance of ha prorisions of an act entitled “en act coacerning passen- gers in versels coming city of Now Yori, passed May 5, 1847, and be considered and charged vs applied to the ge purposes of the said act? Oa application betog made to teem by ary steamboator lizhter propric- tor, who is a citizen of good moral cheratter, and ahall give good security ina sum not exceeding $500 to com- ply with the provisionsof this act, the ssid commission- ers are hereby suthorized and directed to grant licenses t ealion passengers and their baggage fram ves- 5 rriving st the port of New York, cubject to qua- ranting, or from the pvssengers? docks at quarantine, to ba landed at the emigrant piers or docks aioresald ; ond the said commissioners shall have power te revoke the 1 cones of any person violating the provisions of this act. And every captain of @ etenmbout or lighter nut properly licensed for euch purposs pureuaat to this section, who shail convey any emigramt passengers from ony such vessel, shali bo liable to a penalty of ons hundred doliars tor each and every offence, to bs recovered by the eaid commissioners of emigration. Seo 2. It shall be the duty of evary ship-master, owner, or coneiguee briagicg to the port of New York any alien emigrants, steerage, or eecond-calin poasengers in ves hject to quarantine, to cause the their baggege to be isuded on the emigcant p said, either directly from ths vessel or by means of soms steamboats or Tighter licensed as aforesaid; and ibe landing of them upon any other pier or wharf, stall bs punished by a fine not less than one hundred dollarn, which five may be recovered of iho muster, owner, or 20 of such ship or vessel. The commissioners of emigration aro hereby empowered to muke all necessary regulations for the preservation of order, aud the admis- sion to, or exclusion from the said dock of any person ot persons exceptlug such as are dulylicensod; and any por- son violating any of such regalations shall bo liable to a penalty of one hundred doi for enact; und every of- jsnce, to by recovered by the said commissioners of emi- . All persons keeping houses in any of tho cities State, for the purpore cf boarding emigrant pas soll be required to buve ® licenee for enid pur- Le mayor of the city in which suob hoases d each person no Heeused shall pay to 1m of teadollars per annum, and heli istfuotory 0 waid mayor, with one or more the penel sum of five hundred doliars tor behavior, and said mayor is bereby eutior- ine to revoxo eaid Jicanse for esuse -y Keeper of sush boarding house rbal, under a penaity of fiity dol lars, cause to be kept pioususly posted in the | deh rooma of such house in the English, German, Dutch, french and Welsh languages, a list of the raics of prices which will be obarged emigrants per day aud week for boarding and lodging. and sleo tho rates for separate meals; the keeper of such howto shail also filo a copy of said list in tho city of New York in the ofiles of the Commissionsr of Emigtation, and iu oxch of tue other cities of thi Siote with the mayor of raid city; and the keeper of any emigrant boarding house wh? rluali neglect to post n Ratet rates or who snall charge or re- ceive, OF pexsalt or #ufferto be charged or received, for tho use of suck keeper, any gtowler sum than arcoruing to the rates or prices so posted, shall, upon conviction thereo:, be deprived of his or her Hosnse, ead be punist- ed by a fino of not lees than fifty doliars, aod not + xoeed- ing cna hundred dolisrs,to be recovered in the city of Now York by the commissionern of emigiation, and in the otuer oities of this State by the mayors thereof. Bec. 4. No ke per ef any emigront boarding houre shall have any liew upon the baggage or effects of any emigrant for boarding. lodgiog, storaxs. or oa any other account whatever, and upon complain’ be oath before the mayor or any police city ia whioh euch boarding house ia located that the luggege or effects of any emigrent aro tained by tho keoper of aay emigrant boardlag ho under pretenos of ary lion ugon such Inggage or eff or demand ngatoat the owner or own te the duty of the offlesr before whom ot is made, immediately to issue his war. coved (0 apy constable or poliecemog of said y, commanding bim or thom to briog before him the par'y against whom such complaint has beon made, nod upou conviction t f, th before whom such ccnviction shall be id fifty di ‘And not exceediug one hundred dollars, avd aball be committed to the city prison until the raid fine shall bo paid, and until such luggage or effeots shall be delivered to such emigrants. Seo. 5 No person sbail, in any city in this State, solicit emigrant parsengers of their laggage for emigrant board: ing oases, offices, forwarding or te ton lines, ‘the license of the mayor of city, | or indirectly, in the forwarding of emigrants, under a for which he shall pay the sum of twonty dollars per an- num, and give eatisfactory bonds to raid mayor in the pe- nal sum of three bundred dollars as security for his good behavior. E Person so licens shall wear in a con- ous place about his person a badge or plate of such obaracter end in such manver as said mayor shail pre- soribe, with the words “ Hoemeed emigrant runner” iu- ascribed therron, with his name and the number of his Neense; no person who is not of approved goed moral choracter, shell be lioneed as such runner. Every pr son who shail solicit alien emigrant passengers or othe: for the benefit of boarding houses, passenger offices or forwarding lines, upon any ‘eet, lane, alley, or upon any dock, pier or public highway, or any other place within the corporate bounds of any city in this State, or Upon any waters nd ent thereto, over which ony of gala cities may have jurisdiction, with: rach license, shall be deemed guiity of a mini and shell be oui isbed by imprisonment inthe inty prison or jailnot lens than three months, nor exceeding one year, and shall also forfeit bis license. Beo 6. The commirsioners of emigration may, when, in their opinion it shall seem necessary, appolut @ proper person or peraons, to board vearels from foreign portr at the quarantine ground, or elaewheré, in the port of New York, having on board emigrant passengers, for the pur- pose of advising such emigrants, and putting them their guard sgeinst fraud and imposition; and the health officer is hereby required to prevent any person or pertous from going on board such vessels, which may be subject to exeminetion by him, until after tho said person or person poimted by the commissioners of emigration, shall have had suffisient opportu ity to per- form their duty. Sec. 7. No person or persons shall exercise the voos- tion of booking emigrant pasrergers,or taking money for theit and fare, or for the transportation of the lug- goes of such passengers, without keeping a public office for the transaction of such business, nor withont the ‘oense of the Mayor of the city in which such office shall be located. for which sball be psid the sum of twenty-five dollirs per annum, and give satisfactory bonds in the penai sum of one thousand dollars to the Mayor of said sity as seourity for the proper manner in which his, or their business shall be conducted, in for- warding said emigrant passenere, or thelr luggage. Every such office and place for Neghing Inggege, shall be at all times, when business is being transacted therein, open to the commiasiogers of oralgration, or regent, duly appointed. And no scales or weights shell be used for such purpose, but euch as have been iue ye! and scaledxby the city faspsotor of weights. nd every such establishment shall have posted in a conspiouous manner at its place of businers, in the English, German, Dutch, Frouch, and Welch langusges, alist of prices, or rates of fare, for the pousage of emi- grant aliens, acd the price per hundred pounds, for trans. portation cf their luggage to the principal places to which the propristors thercof undertake to convey auch passengers, and shall ales doliver a copy of such list to the agentof the comminsionecs of emigration in any city where such sgencies shall be established, and every per- son or company who aball charge or reeelvo, or allow to be charged or received by any person ia bis or thoic em- ployment, a greater amount than {s speo'fied in wad list of Piles, or who shall defraud any emigrant in the weight ofhis loggege, shall, together with all other per- sous concernod in aid fraud, bepuuished bya fine not less than ons hundred dollars, and not exceeding two hundred dollars, whic: money, when collected, shall be pald into the city treasury ofsuch city, excopt in the city of New York, whoro it shall be paid to the commis- sioners cf emigration,and any person or corepavy re- ceiving money a8 aforesaid, for the passage of emigrant wlicne, or for the transportation of their luggage, with- out such office and license, or who shall refityo admission a8 aforesaid, to such office or placo of weighing luggage during the times of transacting bueiness thereinjot who shall noglect or refuse to post the said list of rates as aforesaid, or whoshall neglect or refuse to farnith « copy thereof, as aforesaid, shall bs d+emed guilty of a misdemeanor, and shall be punished with imprisonment in the couaty prison, for » period not kss than three taonths, nor exceeding one year. Sec. 8. No person holding oftice under the government of the United States, or of thin State, cr any of its cities, or who shsll be in the employment of the commission- ere of emigration, saall solicit custom for any tranrpor- tation line, or shall be interested in any way, directly Lovins of not less than one hundred dollars, and not exceeding three hundred dollars, to be sucd for in the name cf the People of this Stato, and which money,when collected, shall be prid into the county treasury, for the uss of the poor of said county Seo 9. The penalties and forfeitures preacribed by thia act, except og ts herein before cthorwisa provided, shall ba sued for and collected intho name of the people of this State, acd spplied in the sume manner specified in the foregoing rection. except so far as this act applica to the city of New York, where the sume may bo susd for and recovered with euste of eu't, before ang court having cognizance thereof, by and ia the name of the commissioners of emigration ; and when s0 recovered sball constitute part of the fund and bs Gisposed of fa the same mauner ss commutation moneys vow derived from emigrant passenge:s. Seo, 10. Tho dommissioners of emigration shall snuu. ally make 2 peta. to the lature with their #n- nual report ‘emdavit in which thoy shalt rea. peotively swear or #ffirm,each for himself, to the cor- rectuess of euch report, and that he heth not directly or indirectly been interested in the business of boarding emigrants, in tho transportation of acy emigrant pis- sengers through any portion of the interior of this coun- try, or hed made or reostved dircolly or indirectly, aay géin, profit or a.yantage, by or through the percuase of rupplies, the granting of avy contract or contravis here- 1a, or licenees, privilege or privileges, or the employment of any officer, servant or egent, mechanic, laborer or other person in the business under the control of ssid “commissioners. Sco 11. la cese the moneys now peparcioiad by lew d small pox horpitals ar during revees ot tho Le of emigratioa may use such portions of the commutation moaey collevted pur- euaxt to aot of May Sth, 1947, for the eupport of said bospitals as the Governor, Aitornyy General and Comp- trolier may certify to be necessary for such pucpore. Sco. 12. This act shell take eMf-oc immediately. Law Latelligence, Court or Arrxars —Ap ii 12—Prerout, Freeborn G. Jewett, Chief Judge, & —Court opened this morning at the usual hour No. 13 was resumed, aad not conclated when the court adjourned. Svraxme Court—April 12—Present, Justices Cady, Willard end Edmonds.—No. 5 was resumed and onel ded. Oa Friday the special motion calendar wili be taken up Svureaion Cournt—April 12—Befors Judga Sandford— Wm P. Turnisvs, Robert L Crovk et cl --Cois was an action on « promissory note for $1000. it was given to the Croton Mutual Insurance Co. to secure premiums on oartatn insurance policies effected st the company’s of- flor; the company afterwaids passed if to the piwintill The defence, waut of consideration, and thst the com- pany were broken up coun afier the nove was gives. Ver c for plaintiff, subject to the opinion of the court in 4000. Univen States Cincuit Court—April 12--Bofore Mr, Justios Nelson--Jehn Jacques vs Edward K K-ese & Co —This was an action to recover $11,500, upor the folio ing state of facte:—In the latter end of Ootovor, 1845, imen named C B, Desoir came to this city trom New Oclenns, bringing with Biman intreduction to the house of the defencunts, to wnom he 61 that bs bad ta the previous fall ebipped from Vera Cruz to New Osieans seventy-six packages of cochinoal and fourteen of sat saparilia; that the same had arrived in this po: by the ship Alabama, and requested the defendants to harge of it, and consign it to thelr correspondent tal in England, to have it sold jor his account. ‘The dofead- ants accordingly paid the treight, and had it unladen and put om board the British bark Comme. They then Grew up # dill of lading, describing the contents as 76 packages or oeroous of cochineal kod 14 bsles of sure Patilia’ They aiso drew up a manifest, in wien it was deseribed ia the same way, which they carried to the custom house and took ont the clearance pspers for the hip» They next caused it to be insured in there in- eurance offices in this city, for the sum of $21,000, aud consigned it to thelr correspondent at Bristol, in Eng. tang. ‘Two cr threo days utter the Cormo sails i, the plsinuff alleges that defendants introduced Desoir Lo him, aud that, upon their credit or recommendatioa, he advanced him $11,500 upon the bill of ieding and poll- cles of insurance i'ne Cosmo arrived rsfoiy at Bristol; the cargo was ueladen in good order, aod was, aceordl: ¢ to instructions, given in charge to Mesers Peckford & Ce . carriers, to be sent by the Great Westera Muilwoy to London, there to be stored at the Esst India Dock, for Shortly after its arrival at tho Last indie Dock, it was offered for sale, and upon examination of the sur- Saparilla, it was found to be all right, und sold for £36 18s Od sterling; but it was otherwise with the cochi- aeal. Upon sampliog that, it was found ro be neither more nos loss than 76 pack»ges of indiaa meal, sot worth more than about half the freight Desoir bos avver since been heard of, and the piainuff now seeks tu recover from defendants the amount. be advenced to Ve plaintiff had not got through when the court asjournea vs. Lawrense —Verdiot for ihe plain. claimed, sadject to the opinioa of sale, the court. Count or Genenat, Sxsstons,—April 12 —Bofore Re- corder Sooit, Gad Aldermen Frankli» and Lawrence — Joha McKeon, Esq, District Attorney. Hecogri €s Korfeited.—Joseph O Hasbrovok oud Geor se V. Farnum aud Edward Sinith, severally lodict- ed for faise preiences ; John Sinith and John Salmon, indicted for assault and battery, failing (o apperr When called for trial, their reoognizances were dtciared to bo forfeited Tvial for Petit Lareeny.— Godfrey Leastus and Moses Lovy were called to trial on a charge of stealing $6 irem Jamies Hamilton, Acquitted, * Another. Frauois M. Forbes wos then called to trial on 8 chargo O/ stealing sone books, the property of Pro- fessor Bush. Tbe jury in this case aleo found sed not guilty. He wes egein put ou hie (rel on am i- dictment for stealing a number of books frum tue Awe rican Bible Soofety, in whose employ he was at | lie time. But tittle progecas had been mude iu the trial, when the court adjourned unui to-morrow morning. Nos. 72, 8 90, 91, 118, 193,134, 91, ‘St p'r.or Court- 6, 19, 49, 100, 165, 2, 94, #9, 100, 106, 131,95, 174 to 178 | 19 @, 180 to 184, '196 to 196 inolusie 200, 201, | 202, 203, 205, 208. 207, 208 . Common Pleas— 85, 38, 04, 56 68, 60, 62, 64, 66, 67. be gt List gives the re pay under date of Jerrey, M 16:—""The Chinese Junk Keying, Captaia cer ben m pete toke ie etry wi sails, 0. and one man overboard,” ' The third annual festival 1 commemoration of the birthday of Henry Clay, was held last eve- ning atthe Apollo Rooms, where were congre- gated at an early hour, a large number of the friends of Mr. Clay. At half p2st eight o’clock the doors of the dining saloon were throw open, and the crowd of waiting ticket holders rushed in, and took their places at the tables, six of which were spread for their accommodation. Abont 500 persons sat down. The officers were P, W. Eags, President, supported by the follow- ing Vice-Presidents: Messrs. Selden, Petrie, Peckham, Ward, Kingsland, Ridley, Blunt, Bradford, Simonson, McEIrath. At the sound of a trumpet all were seated, and the attack gammmeaced instanter upon beef, veal, pigs, turkeys, ehickens, ham, ducks, oysters, pies, tarts, ete., with champagie, madeira, ete to match. Nor too long a time was consume in eating; and with due regard to the despatch of business; the President arose and read the copy of a telegeaphi communication which had been ‘sent to#the Clay meeting, held simulta- neously with this, in Philadelphia. . It was as follows :— “ The spirit of our common devotion to Henry Clay, like the magnetio spark, it diffuses unity, harmony and good will, throwghout the nation.” (Reoived with great opens: x a Nett came the regular toasts, in the following order :— 1,“ The comatitation of the United States—The groat ohsrter of national liberty and human rights. Pro- olaimad by our fathers, their children will maintain and defend it Ma: “Hail Columbia,” a, ¥ »Day-—The anniversary of the birth of a pa- triot without reproach, of a statesman without superior, of a minp without xuile. Ever welcome, it will fiad us, Hs now, mindful of its glory, and reody for ite oclebra- jon “ Hall to the Chief” ‘The president here read the following letter {rom Mr. Clay: Asuttann, oth April, 1848. Gentlemen —I received, to day, your friendly invita- tion to the third annual festival, in the city of New York, in commemoration of my birth day. Ithank you tor ft. “k you for the sentiments towards ins, which artiality for me has prompted you to ex- press, in mmitting the invitation. And I thank my fellow-citis for the distingoished mode which they have adopted to toctify their warm attachment and con fidence iu me. But I must frankly say that I do not feel that Ihave any claim to be ¢o highly honored. I attribute it entirely to the ardor end affection of my felends; bitt this dors not lessen tay groat obligation to them, ‘On tho contrary, I reciprocate all their kind feelings with all my heart. Ifit would be otherwise proper (as I think it wonld not be) that [should bs present on the occasion, to whioh I gua invited, my remote distaneo from New York would be an ineuperable obstacle to my attendance. I do not Teqret this, ax | Lave but recently had an opportunity ef Vislting the Empire City. "That visit forms an epoch in fe, the my life. The hospitality I enjoyed from all pa thrillic; through which I scenes of delight passed, an ith which 1 was 40 tations wi r jy treasured up in my bosom. No languege can adequately describe the extent and force of my great obligations. Gentlemon, I wish Haas all possible conviviality, good oheer and harmony at your proposed celebration. With the highost respect, Tam, your friond and ob’t serv’t, H, CLAY. Messrs. A. W. Bradford, James R. Wood, M. L. Davis, committee. ‘The reading of toasts was thon continued :— 3. “The man whose birth makes this day glorious— Thevkful that time does not diminish his worth, or power, or fame, we pledge our faith that it sball never diminish ovr unyielding devotion to hin.” (Here’s to you, Harry Clay.) 4, © Our Country—A proud monument, amid the con- vuleions of the old world. of the capacity of the peopla to govern themerelves, Lot despots look and tremble.’’ (Yankee Doodle) 6.“ Washinaton”’? (Drank standing and in silence.) (Fountein of Liberty.) 6 “Ths hatiowed memory of the Patriarch of the re- publio—the Patriot, the Sage, the Stateaman-—Jobn Quincy Adams.” [Drank etanding and in silence } (Rest Spirit, Rest.) “ Oaly the actions of the just Smell eweet, and blossom in the dust.’’ A letter from Martin Van Buren was then read. Like Mr. Clay's, we give it entire :— New Yonx, April 7th, 1943, RT LEMS — 1 bave had the honor toreesive your polite invitation for the 12th inst., and thank you yory sincerely for the obliging terms in which you have bsen pleased to com- municste the wishes of your associates. I hope to be able to leavo the city before the 12th, but candor requires mo to add that the position in which Mr. Clay has been placed by his friends in relation to the prndivg canvass for tho Presidency, will unavoidably attach too much of a partisan character to your festival to permit me to participate im it consiatentiy with my views of propriety. Tus rule I have presoribad to myseif in such matters, would induce me to decline an invita- ke given, under like circumstances, by my political ends Ido not, however, regret that your politeness has made it proper for ma to say, that you do no more than justice to my feelings in assuming that | sppreciat the commanding tuleots and manly fr ve so often been displayed by your dis- tinguished friend in the council of the nation; and that { have suffisient candor and liberality to resogniss those characteristics in ® political cpponent. To yon. who understand the matter so well, 1¢ would be superfluous to spank of the very wide difference of opinion which has for so many years existed, and does till extat, be- tween Mr. Ciay and myself, in regard to almov jl question. But we are fortunately tooliberal ‘ar such diffarences to atfect, injurious!y, our perso lation It would essentially diminish my self-res} Delisve that | am capable of claimi g,asI siwoys hare done, the utmost freedom of opinion for myself, and un- just enough to deny the same privilege to those who are ‘oppored to me, To embitter ihe few enjoy ments which public life affords by an indulgevce in a sentiment ro contracted and illideral, isa weakness which it is my happiness to believe | have been as free from as tho in firmities of our nature will permit. My personal rela- tions sith Mz. Clay are of # very friendly character ; and I havo witnessed the recent demonstrations of per- sonal regard and political devotion, on the part of his friends iu this city, with no other feelings than those of A determination 80 earnest aad unyielding, to an long as public station 18 agreeable to him, aged statermaa who has spent a large portion of his life in upholding principles whi:h thoss who oxhibit that determination, regard as having the public good for their object, is s demonstrations at once honorable to those who make it, and well csloulated to instill into the minds ef the young mon of the country, higner and purer motivas for political action than thore which mere party warfare too cfcen elicits. Lem, gentlemen, very reapectfally, Your obedisnt servant, M_VAN BUREN. Messrs A. M. Bradford, James R. Wood, M. L Davis. Hon. Dupty Seupen responded in the following words —Mr President and gentlemen, | certainly did not en- ticipate, when I came to this room, (pop! guggle, g gle, from a champagne bottle.) to-night, that | was to be called upon to take eo conspicuous a part in the enter- tainments+{ thy eveniag. | supposed i wasto bea si- lont guest; buc {am glad sinos [ have been called upcn, that it hae occurred. After the reading of the letter just laid before this assembly, (pop), I think, as a whig, (pop), aa one of the friends of Mr Clay, (pop, pop ) we should feel proud that the man who hela the distinguished position which Mr. Van Buren held, should commu- nicate a letter of that character to this assembly, (pop, guggle, gugylo;) a letter which, in itself, ehows the li- baral rentimenta, (guggle) that a man, while he diffors from others, fess tnat others may diife behonest ia their sentiments, (pop)—a man who can appreciste in a political opponent, talent, integrity and high character, and who has the courage to avow it in tng face, not oaly of his friends, but of bis enemies (Pop, pop; guggie, guggle.) | mesn those who are politically opposed to him. I say, therefore, that I am glad to be galled upon to reapond to this Istter—(pop)—bscause | think that Mr. Van Buren is entitled to the thanks of all of ut—(guegle)—for the communication he has made, and which hes just been read. (Pop, pop, pop.) But I will not stop here, Im times past, thoes who fora longth of timo have been in our poli cal con'roversies have had their hearts directed against this distinguished Indi- vidual; but for myself, | say—(guggle, guggle) -thet sine9 the yoar 1844. 1 have looked upon Mr. Van Suren with the greatest respect, end, | may eay, admiration. He was willing to present himeelfin cpposition to public passion, and to place himssifin o position ta which he might be eacrificed by his party. | allude to his letter on the sutject of tho annexation of os apelawe) (Pop, pop, pop, gugglo, guggle, guggis) He knew at the nike Se wroie thee Neher that he was to be selectod as tho caudidate of the groat democratic party. He knew that without presentiog hinaseif in opposition to the leading politiclass or his own party-~(pop, Pop, por)—he would bo thelr candidate for the preut- deaey at the Baltimore Convention, and yot, notwith- teoding the mighty station to which ko by oH bo elovated, he was wiillog to come forward and heard the prosidency rather than become a party to a move- ment which be eupposed woul! be destructive to the great interests of tne country. (Pop, pop, pop) I say, therefore, gentlemen, that [ om glad that jatter hi becu read, that this communication has b althoogh we may, and it is as likely called on to oppose this distinguished indi next canvass, I do him justios, for ho hi ling to do B Clay justice in bis letter to us. plause ) I would, therefore, without detaining you, ask of you, thatif itis in acvordance with your arrange- meats, we give thre: ty chorrs for ox-president Van Buren, Nino hearty cheers wero thea given for Ms. Ven Buren ‘The seventh toast wae then proposed and drank, after whioha letter from ex- Governor Seward read, jand algo one from the Hon. John M. Botts, and one from the from him, end Hon R. W. Thompson The remaining toasts were: — 7.“The Army and Navy of the United States—Their deeds are their The secret ‘umphs the monarebs dian sun.” * Stae Spangled Banner.” 8. “Peace—the policy of Washington. May it soon return and abide with us fotover.”” “ Washington’s March ”” 9. © Our countrymen, sacrificed by thourands in Mexi- co to gratify an unhallowed ambition—Among them, none more lamented, none justly honored for pe- culiar nobleness in death, than Henry Clay, Jr. We will remember and avenge them in November.” Bold Soldier Boy.” 10, * The National Convention about to assemble at eleniac, ive sy to them emphatically, ‘ Be just, not??? : ‘ome, come, true Whigs all.” 11, “The Republic of Fran the People throughout Europ exemp! “ Marseilles Hymn.” 12. “ Popular Nominations— When the People lead {po- liticians must follow.” “ Freedom h” 13, * The Ladi Like the sensitive pisnkcheiobing from aught impure—they appreciate the integrity an: moral excellence of the Sage of Ashland. Let mot the strong despise the counsels of the weak.” “ Here's a health to all good lasses.” Danten Utiman, Esq, was then introduced to the as- sembly by the chairman, and spoke as follows. Mr. Pre- sident and gentlemen—On my return, to take up my re- sidence, after several years absence from your noble olty, itis to moa subject of pecutiar gratification that the first opportunity { have of presenting myself before my fellow citizsns, is that on which the anniversary of the birth day of the most gallant statesman that God ever made, isto be celebrated here inthe city of m: adoption. (Applause) Gentlemen, | see New Yor! under peculiar ciraumstances. She was always great, but I find her greater still. She hes always been at the head of the commercial prosperity, of the Western con- tinent, and I find her still inthat porition. A wicked government, an imbeoile government, has tried to crush the prosperity of the country,and in doing so, to crush the prosperity of New York. Fire, in 1835, laid prostrate many of the noble warehouses. In 1845 the same deso- lating element passed through her strests. Commorciel disaster abroad visited her with its reaction, and yet her indomitable energy [stands above it all, and sho rises from disaster as it it was to scquire new strength and new vigor. Her public buildings rise, her churches with their towers and spires point to heaven for whom they were built, her public charities extend a broed band to whomaoever may command it; and [ find her the same New York, the same glorious city, prcudby her po- sition and noble by her fisotieterny 4 influence, support. ed by the energy and sapital of her merchants, sod ready to rise to the throne of the commercial world, And this city has not only its business relations, it has not only its moral relations, but it has also its political relations. This beautiful city, unwilling to enter into any new political schemes, i by its own principles, and believing that a candi: the presidency of the United States, may be selected from those whose principles aro not knowo—thoso whigs who, under all circumstances of dis; triumph, in cloud and suashine, this nodle band of pa- triots who from year to year, whether they place in the chair of State, at Alba: president at Washington, yet elway: iy nd by those principles which they believe are atthe feunda- tion of the welfare of the country. I find these whigs still in ths came place; anchored fast and solid on the rock ofprinciple. (Applause.) others willing to run after strange gods, in strange places; but I find the whigs of Now York, against all inducements, all seductions all'ignes fatué, and false fires, still standing by the position which they ever have taken, and mo matter what win may blow, will stand by him whose principles are tl principles of the American constitution, the princi sof 176, of the mea who, in °89, sixty years ago, blished that sacred chart of our liberties which is now becoming the beacon fire of all the nations of the earth. (Applauee) Gentlemen, it is supposed by hum- ble men, that great principles do divide the two great parties of the United States. (Pop, pop, pop, gurale, gurgle—er) It is supposed that there ero rome great controlling priociples which one great party in the Uni- ted States consider necessary to the welfare of this go- vernment,and that there are other great controlling principles which we, the other party, consider as abso- lutely necessary to the round progress of the govern- ment which our fathers established, and we are therefore jealous when wo see any party of our- selves or any other party comiug forward with a candidate for the presidency of whom wa know nothing at all. (Pop, pop, and cries re) We desire to know whether a man is fish, flesh, or fowl. (Good, good.) We dasire to know whether a man is chesse or chalk—(laughter)—and if we vit down at table, and a rabbit is put betore us, if we cat of it, we don’t want to find afterwards that we have to digest a oat. (Uprosrious applause.) Gentlemen, the men who, in the year 1778, met together and ostablished the con- stitution were wise men. (Pop, pop, gurgle.) They ‘were men of large practical and good common sense, ¢x- rienced im the ways of the world—they loeked bofore and behind, were fully acquainted with the history of tho past, and with the character of their fellow-oitizens They established that greut chart of our liberties, and the result has proved their wisdom. Soon afier they established that constitution in other lends, in la belle France,—France—beautiful, glorious France, —they desiring to imitate that example, met togsth produced their first constitution, their second constitu- tion, and during the course of five or six years, they had and the movements of jay they profit by our th @ or eix constitutions, (guggle, Suga pop; pop. ') ary despotism; (pep) but fashington, James Mi cd (guggle, guggle,) now, after a laps of sixty years, has atood firm a4 rock im the middle of the ocean, amid the storms that have since been developed, and we, gentlemen, while other natious. rocked to their centre, while all Europs is in & state of revolution, are called upon at such a time, to raise to the highest point in our government a man about whom, whatever may bo his other merits, which cer- tainly are groat, and to which we should accord every honor and triumph, yet who avyowadly knows nothing by hia own confessions, of the constitution of the United States, or its practical experience in this our land We are called on, in the midst of the storm which is now endangering our count anide the only pilot in whom only man whom we know to have proved bimeelf capa- ble of weathering the storm, and take in his stead a pilot who, by his letters, “declares he kaows no- thing of the shoal: rock# on which we may be onset. (Pop, pop, pop; gaggle, guggle) Gentlemen, | will uot detain you longer. { have only to say that, in full ac- cordance with the subject which has drawn you tog ther, you have iny hearty and free concurrence in all the sentiments which have been oxpressed here thiseven- ip Str. Turovorr E Tomuinson was then loudly called upon, and addressed tho sesembly in avery eloquent and able speech. Mr. President and gentlemen—Slight, al- most severe indisposition, makes ime unable to come up to the measure of your expectations or the measure of this great occarion, but in the language of the tenth toast, which has just been drank, let us say to the nation- alconvention, which is about to assemble at Phitndel- phia, “ Be just and fear not.” Lot us say to tho mer- chant princes of our city, to the men of the natlon—let us eay te the aristocracy, to listen to tho voice of the people coming up from the great masses of the democra- cy of the Union, “to be jus’ und fesr not.” Weare assem- bled, fellow mon, unurusily and extraordinarily ass: - bled, to orlobrate the natal day of 4 man who lives, who has an existence, and who stand on the broad re- public of our country. It is usual to celebrate the birthday of men after they have died, and it is unu- sual to bring the chor: i ocossion of feativity to celebrate the living. We celebrate thé birthday of th public, Y posterity of the enjoyment, anxious toproclaimto the republic t wo whilo he lives, because he was born on the soil and illus- trates the true Amoerican character. Why do we ce brate the day of hisbirth? Why do we meet on this ce: easion to give to him the welcomo that ho was born on this soil? “It ia because he is an Americen; not in the narro' nse of ti erm, bat im the eniarged sense. American spirit pi ils throughout the grea! jand, and it has taught the despo’ East, and has prevailed in tho capitals of Europe I say that he an Aimerican; rot becauso he was born on American soil, but I ray that the Irish the young Frenchman, the Switzsr on the Alps, is American as long ashe lights the torch of freedom and breathes a prayer for the demosracy of the world They taik cf the manifest dostiny of the age, of the spirit of the age, of the Anglo-Saxon race; but I tell you there is only one class of men that strikes for fros- dom, and that {# American men. ‘There is only ono spi- rit, and it 1s American spirit; there is but one philoso- phy, and that is American philesophy. Our ancestors, when they crossed the ocean ina perilous bark, were provided by Providence with ® country that had been untouched vy despotism. The trees of the foreet grew over the relics of @ part and forgotton race, where a wild and a snvege foe ran after the deer, and followed the eaglo, but it was left for ‘them, fubued with a new and Awerican spirit, to plact the altar of freedom ow this land; and where the savage ron after the deer, we have built the church, and struck through the broad extent of our Union a note of freedom that will sbak» the ico bound throne of the im- perial Czar. The speaker then delivered some eloquent romarks onthe chacaster and past services of Henry Clay, which were received with great enthusiaem. Wo regret that we havo not room for them in full. ‘ne arsembly roparated at a late hour, all well pleased With tho evening’ tertaiomest Ruope Is.anp Exvaction.—Tho retures from ail the towne, excopt Exeter, baying been received, show the result. Harris, the whiz candidate for Go- majorivy over Sacket, the loocfooo eandl- ; over sil, 1,71@, The General Acsembiy Whig. Loco, Maj cet) 13 > House. 42 a7 60 40 Add the vote of the Lieut. Governor in the Senate, making the whig mojority im that body 6, and in joint | allot 21 Ma uentts—Sixrn Disraicr —A convention of | the whige of the Gth district was held at Northampton on the oth inst. Hon, George Asbmun, was choren delegate; and Daniel Wells Aivord, E.eq , of Greenfield, substitute. Mr Alvord was present at the convention, and declared his, first choice for the Presidency to be Daniel Webster.— Springfield Rey udlican. ‘Woncesten City Evecrion—Oa S.turday Int the citizen's ticket was elected. This ticket was nominated ithout regard nists of five whigs and Thies demenente foF Aldermen, Gor, Limocla’s mapcrity for Mayor, ts 160. Theatrical and Musical. Iratian Orena Company.—'*Lucrezia Borgia’ attrac- ted, last evening, a large and very fashionable audience. artists were all in exoellent volee, and dom witnessed euch enthusiastic cheering throughout the whole performance. sone, Signorina Truffl sang Mentre geme i'l cor somi- nesso with a sweetners and brilliancy of tone which came thrilling to the soul. The finale of the first act wag given with the greatest harmony ; but the crowning featuro of the evening was the trio between Luorezia, Genero, and Alfonro = 'T' was such exquisite unity rmony in the three voices, that the most raptu- rous applaus follow d its execution. and continued until it was ea edetti wi better spirit or voice, the cheers he reo justly merited. The duett. at the end of the second act. between Lucre- sia and Genaro, evidenced tho ut: ducing @ succession of sweet soun: the ear in such harm tinued cheering till they appeared before the curtain,when the whole house testified their approbation by loud cheer- ing. In fine, the whole opera was well performed, and all the artists sustained their respective characters on- tirely to the satisfaction and delight of a di ing audience. This evening, the grand concert comes off at the Tabernacle, when the whole troupe will appear in Verdi’s sacred ope:a of ‘‘Nebuchadnessar.” and they will also sing several arias, rondos, and duetts, from Donizetti’s, Rosini and Mercadante. If the evening be fine, the Tabernacle will be crowded, we are per- suaded. Ifa light ballet were introdueed between the nots, it would be a very wise step for the manegement, as it would much enliven the evening’s enter! ent. We believe the graceful and accomplished Augusta is in the city. Bowery, Tueatre.—This house will re-open this evening. We have already mentioned the fact of the great improvoments and splendid manner in whieh it has bcon fitted up during tho recess, Not only has the house been thoroughly renovated, but the stago arrangements, goenery, Properties, dresses, decorations, &e., aro new,‘and of the most beautiful description. The company engaged are all favorites of the pubjio; and pieces which will be produced will, no doubt, be brought out with all the splendor which @ theatre thus amply provided as the Bowery is, can giva. treupe, always very great favorites in New York,are and they will open the performances tormonon eveug opera of the “ Bohemian Girl,” with in the beautiful the original music. The second piece will be the of “ Nathalie,” and Miss Julia Turnbull will be the a thalle of the evening ‘To eulogie her dancing is necessary; she is too much admired here to require praino. profusion of first rate attraction argues 3 well for the future o: of the Bowery. Here in one evening wo have Mr. Mra. Seguin, Miss Lichenstein, (a pupil of Mr. 8) Mr. Gardner, Mr. Sauer, fall rus apd orchestra in the opera, Miss Turnbull and a full corps de in the ballet of ‘ Nathalie.” Surely ‘Mo one could requires more brilliant bill. The house will bo crowded to its utmost capacity, we doubt not. Cuatmam Tueatre.—The beautiful drama of the ‘*Dream at Sea,” was the first pisce at this house last ening, Messrs. Bass, Hield, Varrey, and Winans, and Mesdames Jones, Booth, and Isherwood, taking the principal parts. To say that it was well acted is scarcely doing justice to these talented comedians, who all seem equally at home in any part they may be cast to; deed, the stook company at the Chatham isa truly cellent one—just the thing that the public have been so long crying out for, viz: a company every individual of is an actor or actress, net two or three actors linked to « whole stege full of sticks, by way of showing with how little assistance they oan get through a picce. “ Tho Spirit of the Waters’’ was the second piece. This spectacle hat mm eminently successful at the Chatham. The management wero liberal in their getting of it up; the scenery, dresses, and decorations are all new, anda large corps of supernumeraries, well accustomed to stage manceavres, bavo added to the effect of the scenes. Tho gentle Undine, that mostexquisitely beau‘ iful crea- ture of German romance, is well played by Mrs. Jones. Some crities have complained of her being too senti- mental in the part; but we do not agree with this opinion at al). Undine was a creature of most refined senti- mont, and sho is finely represented by Mrs. Jones, who, by the byo, is as excellent an actress as many who make more protensions than she does. ‘he farce of “ Sketch- eosin India” concluded the evening’s bill. The house was crowded, and as long as itis managed in such an agreeable and genteel manner, we will veuture to pre- dict @ continuance of ite present highly respectablo and very extensive patronage. To-night the entertainments will consist of tho Wreck Ashore,” “ Lend me Five Shilltogs,”’ and“ The Spirit of the Waters.” Granp Concent sy tHe Itauian Comrany.—The Tabernacle this evening, will be crowded in every part, ‘we expect, a4 tho grand concert comes offthere. The season for concerts is nearly over now, and the present ono by the Italian company, will ‘undoubtedly be one of the fines: yet given, asthe whole company, orchestra, chorus and all, take part init Verdi’s sacred opera ef “ Nebuchaduezzar,” and selection from the compositions of Doniaetti, Mercadante, and Rossini, is the music which will be sung. Much has been said written regarding the Italian company now here; some prefer one member of it, some another; but we believe that all parties are agreed that we have never had a better com- pany among us;and this movement of giving concerts, we believe will be well met by musical society in New York. Many, who would on various grounds object to tho expense and trouble of visiting the Opera, can take the present opportunity of hearing,““Nebuchadnezzar” at the Tabernacie. The orchestral leadership is in the bands of Signor Barili, and the whole concert will no doubt go off in the most brilliant style. Cunisty’s Mrvstaxts.—Election time is over; the ex- citemont of contending parties is at an end, and who are beaten have got to make the best of their luek. There is balm in Gilead, however, for them and ali cthers who ere down on their luck, for if they only at- tend 9 concert of tho Ni listening’ to the sweet singing of this harmonious band. ‘They serve as an sgrecabdle relaxstion from the cares of business, and the wearied mind will fad reet and amuse- ment ia listening to them. Meraorouiran Mixaraers.—Austin Phillip is the mu- sieal director of these minstrels, and from his thorough scqusintance with music, and the tastes of the public, there is no doubt that hr will euit them to @ nicety. His troupe is composed of fino performers; their list of songs is large, aod comprises all the mew and favorite plecos; they are genteel aud refined in their wit, jokes, &c., and, altogether, area first-rate company of Hthio- pian singers. They perform_at Apollo Hall to-morrow evening. Banvanp’s Panonama.—This most of art and monument of thousands of our citizen pourtrays in most accurate esting portions of the Union. All ought to visit the Borama, and so* with their own eyes what American en- ergy has been eble to do. ‘This house seems to suit the wants of a to placo of amusement. It {s conducted in such a genteel style, and the singing, &o . fs 80 capital, that those who visit it are sure of being well amused. & Baoapway Oprow.— Greely, the isa knowing fellow in mattersof ® agea to keep the Odeon full eyery uight. The snimated pictures take amazingly. Saute Baotuers,—The people of Paterson, NJ to be favored with these singers’ musto tt They ought to patronize them well, as the ©: thers ere a first rate company, and most admirable mog- ers. Old Fellows’ Hallis the place where they will sing. His honor the Mayor, presiuing. Arnit 12.--The minutes of the preceding meeting were read and spproved. Pet tions from sundry persona, for remission of taxes. Referred. Bils A bill for $14 for printing was ordered to be aid, Mi No other business being before the Board, they ad- journed until seturday at 6 o'clock. Firs av Lrrrig Faris —Oar little village, which been tor some years past so generally and happily exempt from the raveges of fire, bas at last eds tribate to the devouring element. About 4 o'clock this (Cuesday) morniog, after our vhole edition of this week's Freeman hed been printed, a fire broke out in D, Foster's shoe shop, situated in the upper part of Wm. Usher’s bat and cap store, in Main street, and in @ few ts the extixe roof of the brick block owned by J Soutlen, W. Usher, and N.S. Benton, was in ) zens rallied with alacrity—the ‘fire en- giaes, ladders, buckets, &o , were promptiy put in reqai- sition—the stores on the ground floor were cleared of their contents as far as possible, and every effort made for the rescue and protection of property. The sir was fortunately calm, and through the unremitting exertions of the firemen aud other citizens, for above two hours, the destruction was chiefly confined to tho brick block above mentioned, and a rial builiing on the east, oc- cupied by W. A. Davies, aa @ watch and jowelty shop, which were wholly destroyed. The grocery store of J. & G_ A, Feetex, on the one side, and the watch and jow- elty establishment of N.G. Holton on the other, with tue o' of W. Brooka, Eisq., overhoed, and F, Adams’ bookstore and bindery adj oming, were, however, a good deal ir) ared, ead considerable damage sustained in the removei of goodr. Tho brick building was ocoupied as follows ; —Wost end--lat floor, Samuel ty eh coon store, stock partly saved, lors $500 to $1000, n0 insu- raucs ; 2d door, front, George Eatiey’s barver shop, total loss ; HI, Nellis’ biliard room in the rear, no partloulars; building owned by N. 8. Benton, iosured for $1000. Cen- ter—1st floor, W. Usher, hat aud cap store, goods mostly saved, insured; 2d floor, front not occupied ; rear, C. Samsen, tailor; bailding owned by W. Usher, insured $1200, East end ist floor, J. H. Bucklin, grocery store, joes of goods $300 to $600, no inaurance ; 2d floor, front, H. Adkins, berber, almost total loss ; rear, J. Seuile: drsper and tailor, loss $300 or $400, insured ; building, JH, Bucklia, owner, insured $1500, W. A s watch shop, adjoining the above block on the east, loss $200, no insurauce.— Herkimer Freeman. Aw Wartnevacy in Omo.—We learn from the ile Courier, that the shock of an earthquale inctly felt by the citizens of that place om th ‘he Norwalk (Ohio) Herald also a ‘Thursday evening, re it o'clock ceseive shocks of an earthquake, som thing time interv: hich shock the 4. seyeny sonaibly in all parts ofthe town: