The New York Herald Newspaper, May 7, 1848, Page 1

= Whole No. 5091, The Case of Capt. Fatio vs. Secretary Walker. To run Hox, R. J. Watxen, Secretary of the Treasuary : Sin :--As I had the honor to be informed by your let- ter of Ist September, 1846, it has pleased the President of the United States, for reasons assigned in that letter, and founded, as I feel bound to believe, on a inisappre- hension of my conduct, to cause my name to be strick- en from the roll of the Revenue Marine, without notifi- cation or trial, or even the slightest opportunity afforded me to explain or justify my conduct. Feeling deeply mortified by the charge of a failure to Petar my duty to the government and country, and having tho most entire confidence in my ability fully to vindicate my- relf, by the laws and regulations established for the government of the Revenue service, if un opportunity were offered me, I called upon the President, and stated the great injustice which had been done we, and received from him « promise that my case, on being properly presented through you, should be reconsidered, and the injustice complained of, if found to exist, re- paired Under these cireumstances I beg leave to present to you, and through you tothe President, the following stat ment of my case, which is fully sustained by the accom- panying evidenco--much of which has never been seen, either by yourself or the President—and thereupon re- spectfully to ask a reconsideration of the harsh and summary judgment pronounced against me, The history of the transactions which led to my dis- mission froin the service in the manner stated, will be rondered most perapicuous by # precise statement of the facts of the case, in the chronological order in whieh they occured, accompanied by the evidence upon. which the statement is founded. On the 27th of April, 1846, | was ordered to re] myself to the Collector of the district of Mobile, forduty ‘on ‘board the revenue schooner Wolcott, and promptly obeyeed order, and took command accordingly.” (Sce nying doc. marked A.) The cruising ground icott extended from the Chandeleur Islands to the Perdido river. (See doc. B.) On the 30th June, 1846, 1 received permission from the Collector of Mobile, under whose orders I was placed, as to my “special duties, (see Regulations of 1843, page 15) to repair to Pensacola, which was beyond the limits of my district, for the pur- pose of cleansing and purifying the Wolcott (by paint- ing and otherwise, of which she stood greatly in need.) and accordingly repaired to that place for the purpose stated, (See doc. C.) This permission to proceed to Pensacola for the purpose stated, was sanctioned by a letter from the Hon. Secretary of the eer, to the Collector of Mobile, under date of July 10th, 1846. (See doc. E.) | had also applied for new sails for the ves- sel, of which she likewise stood greatly in need ; but the supply of these was deferred by tho Department until the fall. (See doc EF.) By aletter from the Collector of Mobile under date of the 21st July, 1846, to myself, it will be seen that on the 16th July, 1846. I had stated to him “the unsoundness of the planking of the Wol- cott in sundry places above the water line.’ I desire that what is there said about the unseaworthy condition of this vessel may be noted, ag it will fully verity what I repeated to the Department in my letter of the 12th August, 1846, (See doc. F.) On the 27th July, 1846, the Secretary of the Navy addressed a letter to Captain Wm. K mer, commanding the Navy Yard at Pensa- cola, containing an order to him “ To cause the fastest sailing public vessel in port to be prepared to sail at a moment's warning for Vera Crus, rry despatches to Commodore Conner,” informi: that “ the dospatches would (will) be forward day or two ;” and stating that © if there was (is) her public ves- sel at Pensacola, it was (is) hoped that the Lawrence aight (may) be got ready for so short a cruize.”’ It will be noted that this is a positive order to the * fastest sail- ing public vessel,” and alternatively to the Lawrence if no other public vessel was at Pensacola, (See doc. G.) On the same day (27th July, 1846) the Secretary of the Navy sont forward the despatches, accompanied by another order to “ forward them to Commodore Conner at Vera Crus, as soon as po: To this order was added the following words: “despatch is desired ; seid the first public vessel that can be got ready." ’ (See doc. H.) It appears from tho certificate of Commander Mercer, then at Pensacola in command of the Law- rence, that these orders, together with the despatches, wero received by Captain Latimer on the Sth of Au- gust, 1846, and that at that time both the Lawrence, Commander Mercer, and the Raritan, Captain Grego- ry, were lying in the harbor of Pensacola. That Cap- tain Latimer immediately sent for both those officers, and submitted the orders from the Navy Department tothem. That after these orders were Captain Gregory remarked to Commander Mercer, “ you can take the despatehes;”’ to which the latter replied, * Yes, sir, ten to one as well, if not as expeditiously, as any other vessel; but the Secretary has ordered the des- patches to be sent by the fastest sailing man-of-war which might be in port, and that vessel is certainly the Raritan. and only exprosses a hope that the Lawrence can be made a available for the service, provided she in the only yeasel in port.” After stating the unsea- worthy condition of the Lawrence, and another order from the Secretary of the Navy, to go north if Commo- dore Conner had’ assigned no duty to the Lawrence, Commander Mercer snid to Captain Gregory, “1 am, however, ready to take the despatches, if you will give me the ‘order. At this stage of the proceedings or conference, Captain Latimer said, “ Gregory, were lin your placo, I would take the despatches down in the aritan, for if Mercer should happen to be dismasted ina squall, on his passage, and the despatches delayed. you would probably be much censured.” After w ting several reasons why it was unpleasant or incon- venient for Captain Gregory to carry tho despatches in the Raritan, it ooeurren to Commander Mercer that the revenue cutter Wolcott was in port, where he had heard she was to remain until the Ist of September. He therefore thought that she might be sent with the despatches and could deliver them as soon, if not sooner, than either the Raritan or Lawrence. And he suggested to Captain Gregory to apply to the Collec- tor of Pensacola for her, to which he assented imme- diately. That Captain Gregory did make such applica- tion and informed Commander Mercer that 4 had “got the order for the revenue Cutter to take the des- patches, (see Document I.) Both these officers of the navy thus relieved themselves from obedience to the positive and peremptory orders of the Secretary of the Navy, which it is manifest did not embrace the reve- nue cutter Wolcott, which had not been detached for naval service, and for which, if the order had contem- plated her, an application would have been made, I suppose, to the ‘Treasury Department. or to the Presi- dent of the United States, according to section 98 of act 2d March, 1797. It will be noted that Com. mander Mercer insisted that the Raritan was embraced by the order of the Secretary of the Navy, because that order contemplated «the fastest man-of-war which might be in port, and that vessel cortainly was (is) the Raritan.’ Both he and Captain Latimer thought the order. required Captain Gregory to go and carry the despatches in the Raritan, It is not to be supposed. therefore, however inconvenient it may have been for her to go, that she was unable to render the service. Commander Mercer offered to go if Captain Gregory. the senior officer, would give him “ the order,” but at the same time insisted that the order from the Nay, Department required the Raritan to go—and this with afull knowledge of the inconvenience and unwilling- ness of Captain Gregory to do so. This, it is true, was before the Wolcott was thought of. As to the compa- rative speed of the Wolcott (even if she had been ¢1 braced by the order from the Navy Department.) and the Raritan, it may be seen by examining the log- books of the two vessels at their respective departments, that the Raritan was greatly the fastest vessel. believed nearly or quite one-third faster, On the bth day of August, 1846, the Wolcott was lying at Pensacola, undergoing the process of painting and cleansing. and ina dismantled condition, with « portion of her crew sick, when I received the lotter marke J, from the collector of Pensacola (written at the instance of Captain Gregory) enclosing one from Captain Gregory himself, marked K (see documents J K.) The collector of Pensacola, in his said letter, tted that he had no authority i rul tl w fully believe, without any authority or necessity for so doing; but, believing that the exigency was great, and feeling a disposition todo any and every thing consistent with my duty, to serve the govern- ment; and belioving that the orders from Washington were such that Captain Gregory could or would give mo an order for the performance of the duty required of me, | ynmediately addressed him the letter marked L, offer' the cutte readiness a4 R000 a8 osail for Vera Cruz at his bidding (or See document marked L.) I also immediate! 1 to the collector of Mobile, informing him unexpected application which had beon made to me, stating that the vessel was * not ina fit condition to go to xea in,” my want of proper officers, and my own bad health; but, at the same time, expressing & hope that my determination to go, would meet his ap- probation. (See document Mg Under the influonce of & strong disposition to pet the required service, and, after writing these letters without time for reflee- tion or examination of my orders, either standing or special, and feeling the pressure of my duties and obli- gations, as the commander of the only vessel in the re- yenue service, on the northern shores of the Gulf of ico, | examinod both my written and printed or- rs, and found that the letter from the collector of Mobile, of the 21st July, 1846, (marked F,) communicat- ing the instructions of the Secretary of the ‘Treasury, contained in his letter of the 10th July, 1846, (marked * prompt. return to my station,” after e cleansing of my vessel, and, that | should confine myself * to my (the vessel's) usual erulzing ground.” In the said letter of the Secretar; of the 10th of July, 1846, to the collector of Mobile, (the collector) is Instructed to * urge upon me (him) a prompt return to the station,” The Secretary further adds, in the same letter, in answer to an application to cruise beyond my district, the following peremptory order ; “You will, therefore, instruct Captain Fatio to confine his cruising to. the appropriate \limits of the Mobile station.”’ ‘The printed standing orders, enti- tled “Rules and Regulations for the government of the United States Revenue M issued November Ist, 1843," and placed in nm x my government and direction, were found equally positive. At page 15 it is provided that = the crulsing ground. of the reve: nue vessels will be designated from time to time, by the department (treasury) under whose superintendence they are placed; and no yessel will, without leave of tho Secretary of the Treasury, or the express direction of the collector, depart from the station agsigned to her, except forced by stress of weather, or other neces- sity, or in the pursuit of vossels suspected of being en- gaged in violating the revenue laws; and which have cither escaped from the limits of the vessel's station, or have been discovered hovering about in the vicinity of her cruising ground. In such cason, the yousel will return to her proper station asx soon as practicable, after the performance of the special duty; and the a F,) requir completing t cause of the departure will be duly noted on the jour- nal, and reported immediately to the collector.” On the same, and the following page, it is provided that I orders relating to the service of the revenue yes- ‘sels, in executing the revenue laws, emanating from the President or Secretary of the Treasury, will be communicated through the collector, who will cause the name to be di ds ons address- to the department by the officers, on the business of the service, will be transmitted through the col- lectors will direct the commander of el as to his special duties. All his directions will be in writing, and. well as the instructions from the Treasury Department, are to be enterted on the vessel's books.”? n pagel7, it is declared that “the commanding officers of revenue vessels shall, in no cuse, take passengers on board, except officers of the customs when on duty, or other persons in the service of the United States ; and the latter only by special direction of the Sectetary of the Treasury, or the Col- lector of the port.’ On page 4th, it was declared that “at is the determination of the Department to enforce trict compliance with the regulations prescribed for the government of the revenue service, and to exact a rigorous attention to the duties assigned to the offi- cors,”” The collector referred to in the above regula- tions, is the collector of the district to which the reve- nue vessel ix assigned, and under whose direction he (the commander) is placed, and through whom he is to hold communication with the Treasury Department, end that department with him, ‘The foregoing special and general orders, being those which | found, on examination to haye been prescribed by the depart- ment to which | was subject, for my government, and the orders of said Secretary of 10th of July, 1846, com. municated to me by the collector of Mobile, as lute as the 2lat of the kame month, requiring me, peremtorily, to return to my district as soon as! had comple! cleansing the vessel, and to confine myself to that dis- trict, [found it would be impossible for me, without the most open and palpable breach of orders, to per- form the service requested, without positive orders from Captain Gregory requiring me to do so; with these, under the exigency of the case, I determined to. assume the responsibility of performing the service.— Accordingly, on the same Sth day of August, 1846, about 5 o'clock in the afternoon, | went to the city of Pensacola and saw Captain Gregory. to whom I stated Ishould require orders from him before I could perform the duty he wished me to execute. To this Captain Gregory replied, hurry and get ready, and come down alongside the frigate, and all shall be made right,’ or words to that effect, I showed him the letter which | had received from the collector of Pensacola, which he admitted at the time was no order. Not doubting that ptain Gregory would give me the required order, I le every effort to put my veaxel ina state of readi- ness to sail as soon as possible; and on Sunday evening, the 9th of August, dropped down to the Navy Yard, neur the frigate Raritan, and immediately reported to Captain Gregory, and asked him for orders, telling him I could not act without ; he then told me he could not give me any orders, but said that if I did not go to Vera Crug with the despatches I would be broken. I replied, “if Lam to be hung upon the horn of a dilemma, { will hang on the right one, and not break the only orders I have.” Captain Gregory then wrote an order to Captain Webster, commanding the Flotilla, at the Ba. lize, informing him that “ de: Secretary of the Na’ iz ders to transmit them with the utmost despatch to Commodoro Conner, off Vera Cruz, “by any public vessel available for the purpose,” and there being none at this port, excepting the revenue cutter Walcot (!) “ Captain Fatio”’ was requested: to perform this ser- vice, and is now about starting. As his vossel is rather an indifferent one for great despatch, at this season of the year, I have requested him to proceed at once to the Balize. and communicate with you—and have to request that you will be pleased to forward Midshipman Habersham bearer of despatches, in one of your stea- mers, with all possible expedition—such being the wish of the government.” (See doc’t N.) From this letter, written after 1 had positively refused to goto Vera Crus without orders from Captain Gregory—and which he had refused to give—it is apparent that he had aban- doned ali idea of my going further than the Balize ; and ygt inhis letter or report to the Secretary of the Navy, ufider date of the 19th August, 4846, upon the re: ions of which my name Was stricken from he service, he suppresses the important rto him of the®Sth of August consented to perform the ser- tly, on the same day, after ‘Treasury Department, would give me vice requi examining m an order; he also si important facts of the on the evening of the 9th of time so states the case, by accident or design, as to cre- ate a belief that I sailed from Pensacola, either poxi- tively or conditionally, for Vera Cruz, instead of the Balize; whilst he knew the fact was not 40. (See doc. 0.) On the contrary, the ouly service I. consented to per form, after ascertaining that no orders were to be gi ven to me, was to carry Midshipman Habersham as fa asthe Balize, which was on the confines of my dis- trict, to which | was expressly ordered to confine my- self, by the Secretary of the ‘Treasury. Early on the morning of the 10th of August, 1846, I sailed from Pensacola, with Midshipman Habersham on board, for the Balize. The wind being light and ahead, and so continuing. as shown by the extract from the log book of the Wolcott, marked P., I found myself, on the morning of the 11th August, opposite to the entrance of Mobile bay, which was in my course to the Balize. Being unable to make my course, and with every in- dication of a storm from the south-west, which would be likely to cause delay, and which, from the «tate of my vessel, officers and crew, I was in a bad condition toencounter; and believing firmly, that under the circumstances, Mr. Habersham’s progress would be ac- celerated thereby. I concluded to place him on board the mail steamer from Mobile to New Orleans—which passed daily near where I then was; and which would enable him to reach that place in a few hours, and the Balize, by the almost hourly opportunities from New Orleans to the latter plage, in a few hours more, and much sooner tl then any reasonable prox- peck of hls a continuing on board the Wolcott. n pursuing ree, I acted from a firm conviction that whilst { avolifed a breach of the positive orders of the department, and of the regulations. not to leave my district, the progress of the despatches would be accelerated, ‘That this was. under the condition of winds and weather, disclosed by the log book of the Wolcott, the most certain and expeditious mode of hing the Balixe at an early period, cannot be doubted by any one acquainted with the localities. and the facilities of rapid progress afforded by the mail steamer to New Orleans, and the hourly steamers that ply from thence to the Ballze for the towage of merchant vessels. It is proved by the fact that Mr. Habersham was put on board said mail steamer after 2 o'clock, P. M., and was in New Orleans at 8 o'clock the following morning; and on the same day wrote Captain Gregory that he should, “in the course of a few hours, huve a conveyance to the Balize, and from thence to Vera Cruz.” “(See doc. P.) This expecta- tion of Mr. Habersham would undoubtedly have been realized, but for the fact, subsequently discovered by him, that Captain Webster. of the revenue scrvice, commanding the revenue Flotilla, to whom Captain Gregory's orders were directed. was then at the Brazos; and the Legare, the last vexsel of said flotilla, had loft the Balize for the Brazos on the same day on which the Wolcott sailed from Pensacola, (See doc. Q.) Mr. Habersham was therefore compelled to remain in Orleans until he could obtain a passage to the Brazos. where mblic yesrelx con- sisting the ‘aetay of ‘Mr. Habersham New Orleans, was created by this fact, and not by my failure to proceed with him to the Balize. Had I done so, according to the ex- pectations of Captain Gregory, Captain Webster would not have been there to execute his orders, aud Mr Habersham must have proceeded to New Orleans to obtain a passage to the Brazos, since my understand- ing with Captain Gregory required me ‘to proceed no further than the Balixe; and my positive orders from the Treasury Department forbade it, as well as the printed regulations, placed in my hands for my govern- with which I was informed, “it was (is) the n of the Department to enforce a strict ‘To show that by going to Vera Cruz without other orders than those which were furnished to me, I should have violated the organic law of Con- gress, as well as the instructions of the Department, and my oath of office, 1 bog leave to refer to the 98th and 99th sections of the act of the 2d March, 1799, vol. * Lawa United States, sections will show that partment did not apply to, or embra cutter Wolcott, since she had not been direc President to * co-operate with the navy;" and that an order from the Prexidont, the Secretary of the Treasury: or the Collector of Mobile, * subject to whose directio the Walcott was, he kaving been “designated for that purpose,” was necessary in any view of the case, be- fore I was authorized to execute said order; and that, according to the provisions of this act, as well as the regulations prescribed for the government of the reve- nue marine, the Collector of Pensacola was correct in declaring that he had * no authority to issue the order’ requested by Captain Giregory; that even the Secro- tary of the Navy, without a previous direction by the President for the Wolcott “to co-operate with the * had no authority to issue such an order; and it is that «uch previous direction by the President was necessary to authorize even the Secretary of the Treasury himeclf, to ixaue such an order, (See sections 98 and 99), It xeeme to be agsumed, in the letter of the Hon. Secretary of the Treasury of the Ist September, 1846, communicating my summary dismissal from the service, that I had sailed for Vera Cruz, and that, after having done so, I had deviated, and finally abandoned the voyage. This supposition is entirely erroneous, and is founded, it fs presumed. upon the deceptive version of my conduct contained ’in the lotter of Captain Gre- gory, of the 19th Aug I trust the statement now presented, which I stand ready to sustain in ever material point, and the evidence upon which it ix founded, will show that my conduct has been misrepre- sented, and that great injustice has been done me that, for obedience to orders, [ have suffered the penal. ty due alone to disobedience; that while obeying the laws and positive instructions of the Department under xe direction alone I was placed by law, | have been ished without trial or opportunity of defence, for not having obeyed orders addressed exclusively to others (who should have been held amenable if they had been broken); and for not choying orders which it was conceded there was no authority to give, or which were positively refused when demanded by me, an order was issuod from the Navy Department, not to me, but to other persons subject to its orders, to carry impor- tant dispatehes to Vera Cruz; an order, equally posi- tive was issued to me by the Treasury Department, under whose eaclusive control | was placed, not to leave vy. believ ~ my district. Neither of these orders was altered or countermanded. and yet | have been punished for not leaving my district, and carrying the despatches! ‘The ‘Treasury officer has been punished for not obeying th Navy order to which he was not subject, and for obey- ing the Treasury order to which he was by law exclusive- subject; and the Navy officer who was subject to the order, which he saw tit not to obey, remains free sure, ‘The ¢ to send, by the fastest vessel, subject to the orders of the Navy Department, becomes n order to the slowest and duilest yessel, not subject to the orders of that Department. One ordered not to go, has been punished for not going; and one ordered to go, has not been punished for not going! The Sec- retary of the Treasury, through the Collector of Mo- bile. under whose direction the Wolcott was placed (according to the act of 1799), and through whom all her orders are to be transmitted, orders that vessel not to leave her assigned cruizing ground; but the Collec- tor of Pensacola, who has no control over this vessel, and who declares he has no authority to give her an order to perform a given duty, requests her command- er to perform that duty, and will undertake to excupe him for the breach of the Secretary's order. The com- mander declines to break the legitimate order of his superior, to obey the illegitimate request of one who acknowledges he has no authority over him, and is pun- ished without charge, trial, hearing or defence, to the utmost extent that he could haye been for the most flagrant breach of orders, Obedience to orders is the most sacred and vital canon of naval and military law. It lies at the foundation of all order, all discipline, all efficiency, in either arm of th po vice, Incon- lusion, | beg leave to say, that I # case to the Hon, Secretary of the Treasury, a the President of the United States, f with the most entire true facts of my case, the in misapprehension, or misrepresentation of my will be promptly repaired. Should the President entertain a single di my case, he will add to the obligation I am al der to him, for the promptness with which he a reconsideration thereof, by subjectin, throughout the whole transaction whic! mixsal from the service, to the scrutiny and decision o! @ proper court, Very respectfully, sir. Tremain your obed’t servant, L. C. F, FATLO, late Captain Revenue Marine, 30, 1846, Washington, No Emigrants Derravpep.—The season for canal and lake navigation having returned, our ears are pened and our heart sickens at the renewal of rauds of which emigrants are the victims. We had hoped, after the passage of a stringent law for the protection of emigrants, that we should be relieved from the duty of exposing fraud. But emigrants them- selves come to us without knowledge either of the dangers that existe, or the mode of escaping it. The atrocious fraud practised upon the family whose affida- vits follow, is, unless something be dono to guard inst it, to be repeated every hour in the day during the season of navigation :— State of New York, Albany, ss Cornelius Kanayane being duly sworn, says :—That he arrived at the city of New York on Monday last in tho ship Rappahannock, from Liverpool, which port he left 22d Maroh with his wife and nine children, from 6 months to 18 years of age, and his cousin, a fe- male of 20 years of age. Shortly after his arrival, depo- nent went to the office of R. Schoyer, to which he was directed, cornor of West street, N.Y., where he found Mr. Schoyer. Deponent asked him what would be the price for himself and family to Albany ?. Schoyer asked him how far he was going, and deponent told him to St. Charles, Illinois. Schoyer then said it would be best for deponent to pay his passage there in New York to Chicago, and then he would not be detained by paying his fare and procuring conveyance at the different places on the way. Deponent asked him howsusuch he would charge to send them to Chicago, oyer said 161, t Deponent said that was too mus had , and a large family, whic! true for him, and Schoyer finally promised to send them with their luggage on the steamboat to Albany, and from thence by packet boat on the canal to Buffalo, and then by steamboat to Chicago, for 124/108, which deponent then paid to Schoyer. After h@ had paid the money. Schoyer said to deponent, he had better go from Buf- falo on the lake in a sailing vessel, if he had any value for money, and then gave deponent a ticket. of which the following is a copy :— PASSAGE TICKET. No, 22.) New York, May 1, 1847. Received of Cornelius Kennevan the fare for the rage passage of twelve persons, making oight full passengers, from Buffalo to Chieago, by sailing vessel. 50 Ibs. luggage to each full passenger. a SCHOYER, W. F. H To A. J. Tirrxey, Buffalo, Said Schoyer also told deponent that 100 Ibs. of ,lug- gage would be allowed for each passenger, and gave de- ponent a ticket for the passage on steamboat, of him- self and family, from New York to Albany; that depo- nent and family left New York Tuesday evening, and arrived in Albany yesterday morning. When we ar- rived, we met at the boat, George C. Preston, who took us and our luggage to his office; there our luggage was weighed, and Preston said I must pay him-for the over- weight. I asked him how much, and he said five dol- lars—the luggage weighed about 600 or 700 Ths. T gave him a sovereign, ani i hd me nothing back out of it. He gave me the following ticket :— Auvaxy, May 3, 1848. The bearer, C. Kennevan, has paid in full for the midship passage of 12 persona, making 8 full passongers to Buffalo, including extra baggage. Boat N. H. Blos- som, GEO, C. PRESTON, Agent. That deponent then went on board said boat * Blos- som”? with his family and baggage; there were but few persons on board-ihen; that said boat left her place where she was lying yesterday afternoon and went up as far as the weigh-lock, where she now is. Passongers and baggage kept coming on board all day yesterday, dl when the boat left, she was so crowded that there was no placo for sleeping or even sitting down, Depo- nent and his family yo ped place to sleep in last night, and no room to spread out the beds which they had for his wife and the little children to sleep on; and that never @ tear did the women shed from the time they left Ireland on board the ship, until last night in this canal boat; and the deponent further says, that said boat is now lying at the weigh lock, where she has laid all night, and has not yet been weighed, and has no horses to draw it on; and that the captain is not there, and has not been there all day, and deponent does not know and has not been able to find out when the boat will leave Albany at all CORNELIUS KANAVANE, Sworn before me, 4th May, 1848 ‘Wo, Parse Albany County Judge. Albany , ss: Daniel Kanavane, being sworn, says he is nd oldest child of the above named Cornelius Ka- navane, and has heard the foregoing afldavit read; that he was present with his father upon the ions there- in mentioned; and that the matters therein stated are true. DANIEL KANAVANE,. Sworn before me, 4th May, 1848. Wo. Panar Albany County Judge. This man Schoyer paid $6 for the passage of these people, with their luggage. to Albany. From Albany to Buffalo he pays p4 and 37!4 cents per hundred for luggage over fifty pounds, for each passenger. ‘The paskage from Buffalo to Chicago, in sailing vosyels, ix $2 for each passenger, making $16 for all. The whole expense, therefore, to Schoyer. for sending this family to Chicago, is inside of $30. He has received from them 131. 10s., oF $64 94. But even this is not the worst view of the case. ‘This family have but two sovereigns left. ‘They are cooped up with an hundred other victims, ina canal boat, without any provision for being towed. At Buffalo they must wait, on z vossel, and then xteon days before | sovereign was demanded heFe, jus pprehension that similar demands may be made by the captains of the canal boats and sailing vessels We understand that this man Schoyer has applied to the mayor of New York for a license to board vessels with a steamer, as a booking agent for passengers Albany Evg, Journal, Pritappienia, May 6, 1848 The Whig National Convention—Thieves and Burglars— The Military—Model Artists. § The upper saloon of the Museum has been secured by the committee of arrangements, for the whig conven- tion next month. As the time approaches for the hold- ing of the two political conventions, at Baltimore and in this city, curiosity becomes more intense to know what will be the result, though appearances indicate that the same candidates that took part in the last struggle will again be the nominees. Three chevaliers a’ industrie of the light fingered fra- ternity. probably on a profers nal visit from your city, are now here and going about seeking some prey. The vicinity of our banks are favorite places of resort, and no sooner do they perceive a green-horn putting away the notes he has just received Into his pocket book, than they are after him with the utmost eagerness, and if he escapes plundering it is not their fault, As they have been spotted by the police, they will probably leave this for parts unknown in a very short t Our yolunteers are making preparations for an ap- propriate military display on the arrival of their favor- te, General Cadwalader, His gallant conduct, both at home and abroad fully entitle him to the distingtion of a grand receptio: A troupe of Model Artists, while exhibiting last ning, in a ten pin alley, in Delwyn street, were ¢ in the act by the police of the Northern Liberties, and found a lodging place in the watch house, Venus was nabyed while rising from the seo. and her seizure by one of the officers was tho signal for the dispersal of the audienoe. The troupe, composed of eight females and one or two men, had a hearing before Mayor Belster- ling, this morning, and were mostly committed in de- fault of bail, The body of au unknown female was found drowned yosterday opposite Petty’s Island, in the Delaware, She was not identified. een Patrick McFarlan, died this morning of injurios re- received a week since during a fight in Richmond, Tho- mas Eddy, his antagonist, who had previously been committed for aamere assault and battery, will now have to answer a charge of homicide. —Between the hours of 9 and 10 who resided in Burgess alley, had some difficulty his wife Cathe- rine, and struck her a violent blow, Knocking her down a flight of stairs, and breaking her neck. The man was immediately arrested by watchman Cloutman and others, and conveyod to jail, The woman breathed but s fow momonte after the affray.— Boston sddv, Axotuer Muror Affairs in Veneauela, To tHe Eviron ov tHe New York Heran : Caracas, April 1, 1848, in your valuable journal of the 28th ; an account of the events which took Venezuela, from the time of the election of ax to be President of the Republic down of the present year. ‘The aceu- ontained in your journal places ud doubt that it was written by some one who was & member of Congress, and an eye-witness of the horrible massacre committed on the exceruble 2uth of January, by command of President Monegas, and by the troops which he had, contrary to law, assembled in the capital, to the number of 3,000 men. Perfectly agreeing as I do with the account referred to, as alto- gether correct, I should not have been induced to trouble you on the subject, were it not for some letters published in your paper a few days after, dated the 26th and 28th January, said to have been received from this city by « gentleman a resident of New York, which letters render it necessary to make w few obser Vations, ‘Those letters do not relate the events in the manner in which they took place. but in the manner in which the Chargé d’Affuires of the British govern ment is anxious to describe them ; and this cireum- it shows who was the writer of them. He is an Englishman, a man who. has in his breast a heart of n intimate friend of the aforesaid Chargé @' Affaires, and his accomplice in all, whatever it may be, which he undertakes. I will quote, from the letters you published, a specimen of the falsehood of which the writer is guilty “On the 24th, in the morning, the Secretary of State, Doctor Sanavria, p ded to the Chamber of Repre- sentatives, in order to lay before them the President's Message—whereupon two persons of the faction op- posed to the government threatened his li them with « da, rt this was known part of the militia advanced to the doors of the hall, when one of those inside the building fired, and killed & person inthe crowd. ‘The people were so much irri- tated by this act, that they immediately commenced an. attack upon the Chamber of Representatives.” All this is false, What reatly happened was ax. fol- Jo By the constitution the Secretaries of State are allowed to be present in the chamber, and to give any explanations which may be demanded of th position was made and agreed to, that the Secretary of State should remain in the Chamber, to make the ne- comary explanations upon the threatening aspect of affairs in the capital, ‘The message wax then read, It is hardly necessary to inform you, Mr, Editor, that the alarm which existed was produced by the Pre- sident and his cut-throats, in order to intimidate the Cougress in its deliberations, When the mes- sag , which was at 2% discharge of musketry was heard outside the C followed immediately by several other dischary arma in succession, The troops of the go had just then fired upon Colonel Smith and the twelve young men.who had mounted guard to protect the Con- xress, withoyt any provocation whatever having heen given by them. ‘Then it was and not before that a dep- uty drew a dagger, and rushing up to the Secretary of State addressed him as follows: Doctor Sanarria ! ‘you knew of this! Save us, or wo shall all dio together,” ‘The deputies in favor of tho government had previously loft the House, leaving bohind not » single partizan of the government except the Secretary, No wonder then that a deputy should thus resort to the only means of safety. ‘This was so effectual that I can assure you, Sir, that if the Secretary had not accidentally been in the Chamber, all the members in it would have been, every one of them, massagred; but the assassins would have run tho risk of wounding the Secretary if they had fired ' ‘This is so sure and certain that all the membere who left the place where the Secretary was were massacred. ‘The writer of those letters gocs on to say that * the Prosident, the Commanders and civil authorities ran to the scene of danger and saced hundreds of persons.” ‘The truth is as follows : Shortly after the attack began, the Senate commissioned ono of the deputies in favor of the government to request the President to save their lives, which he did, not only because they had not re- solved upon removing the Congress to Porto Cabello, but also,in order that he might have an instrument which might confer the appearance of legality upon his acts. At% past 3 P, M. he conducted the Senate in safety to the government house. ‘The Senate then expressed to the President its wish that efforts should immediately be made to save the other branch of the Legislature. ‘The scene which followed upon this request will never be for- gotton by those who were present.at it, ‘The President replied that he had had no participation in the attack upon the Chambers, though no doubt it would be at- tributed to him, After afew minutes the Senate again reminded him of the danger in which the other branch was, and that some one was ceasing to exist every mo- mout that parsed, He then protested in few and’ plain words that he could not in person intervene, and that it would be dangerous on account of the exasperation of the people, but he promised to send the Secretary of War and some military officers to the scene of danger. Thus halfan hour had elapsed since the arrival of the Senate when he went out for this purpose. The fact is the President sought delay on purpose, till he could ascer- tain that the Representatives, Garcia, Rojas, Gonzales, P. Rojas, and the Secretary of the Chamber, Cama-uo, hid been killed, whose heads he had loudly called for in the passages of the government house, when several of the nssassing left in the morning in order to go and at- taek tho Chamber. While this scene was going on, and sevezal of the Senators were ontreating the President to go to the reseue of the others, the Governor of the Pro- Vinee, as also Messrs, Belford, Hinton and Wilson, the Charge d'affairs of Great Britain, with other persons came into the apartment, The latter person joined his entreaties to those of the Senate, and said to the Presi- dent, “ Yes, General, it is necessary.” ‘Then at last General Monagas consented and went out at ‘4 past 4 P. M., accompanied by the Governor, the Secretary at War, and five or six other persons This may suffice, Sir, to convinee you that the let tors which are an echo’ from, the British embassy here, area tissue of falschoods invented for the object of throwing doubts upon the events of the 24th January. Idirect these romarks to you, Sir, in ord historical truth to prevail. since the massacre: Ath January, premeditated long before they wi cuted, are so ‘unexampled in the annals of crime, that many on that account will refuse to give credit to them, Now that Iam addressing you, Sir, permit me to ex- plain the cause of the spite of the British Charge against Venezuela. He has two leading motives. ‘The first is, the persuasion that if there was a regular go- it would not suffer him to reside in Venezue- la; the other is, the dispute on the question of b dary between British Guayana and Venezuela. In 1841, that government seized. upon 20,000 square miles of Venezuelian Guayana; and again, afterward, it seiged upon all of that vast province containing more than 180.000 square miles, watered by the ma. ie Oronoco, and innumerable tributaries. The means adopt get possession of this vast territory of Guayana, are ‘anarchy and divisions sown among the different races of Venezuela, and a dissolution of the republic, ‘This ast territory might, in time, become the seat of a rich, powerful. and prosperous republic You will be convinced, Sir, of t tion, when you know that Vene following aniount:— Domestic debt . . Foreign do... « truth of this asser. ‘bt to the 007 Tho forcign debt is owing to British subjects. The domestic debt of Venezuela has been increased this year by $1.500,000, which money has been employed to maintain the army which served as assassins of the Congress, and to support the t. Thus the whole of the dobt amounts to $24,252.01 How can Veneaucla. in constant struggle with anarchy, which absorbs all her resour y. with her income of $2,000,000, the capital and inte No one will say she can. The English gov knows this, and therefore foments all the bad elements contained in the country, in order that when Vene- auela is reduced to misery and poverty. she may seize upon Guay: bi due to her subs yours, &e “MBER OF CONGRESS. Axp Eve-Witness or 11 Facts. Mother Goose on the Mexican War. {From the National Ini } ook the city? Al wmvid brave Seott, With soldiers and shot, T took the city!” re’s Santa Anna? ‘Running and boasting, After hi Ger many & They do the w Who let him. “TI guid James K. Polk; “ Moat fairly he spot But his bargain he T let him in!” is too partial | ial Tamm the martyr! Who made the treaty ? "said Nicholas Trist ; Int out the grist, 4 would’'n't revoke For Buchanan or Polk— I made the treaty Who gots the glo “Old “ Rough nick, daring, He gots the glory.” wert alt Who does the weeping ? paar eae eae “The widow and orphan! We pay the mone April, Viorevr Hatsrorm.—Yesterday afternoon our city was visited by a storm of unusual violence, during which hail fell in quantity sufficient to whiten our streets, and of all sizes from that of a pistol ball to ahen's egg. Some of the particles of iee which foll in the vieinity of the office, measured seven and a-half inches in circumference, and weighed upwards of two ounces, Fortunately there was not much wind, and comparatively but little damage was done in the break- ing of Windows, but nearly all of the new gas lamps were more or less injured. and the peach trees nearly divested of the young fruit, We have great reason to apprehend that much injury has resulted to the cotton and corn iu our vicinity. During the storm the head he foretopgallant mast of bark Shakspeare, ly- ng at North Commercial wharf, was struck by light- ning, which knocked off the truck, shivering the mast downto the chain stays of the foretopgallant yard, where it passed off, without doingfurther injury,— Charleston Mercury, May 3. Railroad Affairs, It is said that the Cheshire Railroad will be opened om Tuesday next to Keepe, N. H, . 1) ENED NONE oT NYO nn rn” nee eT ET mT St Ne CN NN TE Law Intelligence, Unirep Srares Disraict Court—In ApMimairy.— Before Judge Betts.—James E. Goodrich et al, vs. John Norris.—Written opinion.—Action on a bill of Ia- ding for not delivering five barrels of tripe, at Boston, conformably to the undertaking in the bill of lading. Defence, that the five barrels were never, in fact, laden on board defendant's vessel not excluded by the billa of lad barrels were not received by the vessel; the proofs, that the weight of the evidence was in fa (the libellants, and decreed that they recover $50, nterest from December 3, 1846, and costs to be Valentine Lana vs. The brig Henry Buck.—Written opinion.—This litigation was very protracted and ex- pensive, on various motions and exceptions, subsequent to the decree on the merits, The only substantial equity to be adjusted is that of costa. Held, that both parties tax summary costa, 4 that after mutual sets- off between the parties, the balance of costs, and the ‘o court, (if any surplus.) be recovered by the libellant John Henley and William Murra Champion.—Written opinion,—Li the steamboat in this harbor with the libellant’s sloop (Mary.) Held, that steamboats are uot chargeable with the whole responsibility of avoiding sailing ves tela, when approaching each othor in opposite direc- tions. Sailing vessels are bound to use all reasonable precaution for their own safety, and to avoid injury to steamboats, Held, that if under the circumstances of this case, the sloop is excusable for not exhibiting a light to enable the steamboat to know her exact posi tion, the preponderance of proof is, that i sion was brought about through inattention and conduct of those managing the sloop, and not from any fault on the part of the steamboat. Ordered the libel dismissed with costs. John Bradstreet vs. Heran Lees & Co.—Written opinion —Action for freight of 705 bales of cotton fr New Orleans to New York, consigned to the dete: ants, to whom the bill of lading was enclosed, 0 which they made an advance of twenty-one thou- sand dollars before the arrival of the cotton ‘The bill of nding represented the cotton to have been shipped in good order and well conditioned, Tho plain- tiff in his libel also so averred it. ‘The bales, when ex- amined at the stores, when deposited here, were found injured in the interior by wet, and the defendants ex- pended $261 40 in the examination and picking and drying of the cotton. This they claimed to deduct from the freight, ($1756 02.) having paid the balance to the libellant.’ "The three principal grounds of de- fence were:—1. That the case was not within the ju- risdietion of the court. 2. That the cotton was 1 delivered at the city, but at the quarantine, where th ship was compelled to come to, and that accordingly freight had not been carned; and 3. That the bill of lading had not been fulfilled by delivering the cotton in good order. The libellant ‘gaye evidence tending to prove that the injury was country damage, received by the cotton before it was shipped at New Orleans Held. that the court had jurisdiction of the matter, and that the delivery of the cargo at quarantine was a fulfilment of the shipping contract: also held, that the libellant was estopped by the bill of lading, as against the endorsers or assignees, (who had made ad- vances on it.) from denying that the cotton was ship- el in good order and condition; and that, moreover, he could not give evidence in’ contradiction of the ayerments of his libel. Held, that libellant was an- swerable for the damages proved, which being equal to the balance claimed; decree for the respondents, with cots, Orandates Mauran and others, vs. The Schooner H. B. Foster.—(Opinion in writing.) —Libel for salvage by owners and crew of the steamboat Samson. The schooner anchored in the lower bay on the evening of March 20, 1847, near the west bank. A gale came on in the night, and tho schooner dragged her anchors. The masts were cut away at 8 the next morning, but she continued to drag till about one P. M., when’ she brought up near the east bank, occasionally touching the ground, but not being injured in her bottom. At 3 P.M. the storm subsided, and the master and crew left the vessel for Sandy Hook in a small boat, The steamboat had notice of the situation of the schooner in the afternoon of the 27th, with advice that sb quired assistance; but the master thought the weather too revere to attempt going to her. She went down the next morning. slipped the cables of the schooner, (they being foul, and the anchors not easily raised.) and towed her to the city, and was absent on the ser- vice five hours, The weather was then favorable, and the steamboat encountered no special hazard. The Samson is mostly employed in towing vessels out to tea, and from sea into the harbor, and going to the re- lief of those in the harbor and its vicinity requiring assistance, and the regular compensation for these ser- vices is $10 per hour for the time she is employed.— The schooner and cargo were worth about $14,000. ‘The libellants claimed that the schooner was a derelict, and that they were entitled to the salvage compensa- tion usually awarded in cases of that. class, Thi claimants insisted that the libellants ought notito re- ceive more than the usual towage compensation, and should be charged with the expense ($75) of removing the schooner's anchors unnecessarily left by her. They also charged the crew of the Samson with embezzling oranges, prt of the schooner’s cargo. Held that thix was nota case of towage, strictly so called, but was one of salvage service ; held that the schooner was not a derelict, and though the services were valuable and vs, The Steamboat 1 for collision of meritorious ins high degree. in respect to the vessel, et they were not indispensible to her, other relief be- oe near at the time, and she lying at safe anchor in the bay, and the shore only from about four to six miles from her, in three directions, and that accordingly the salvage compensation should be moderate; held that the charge of embezzlement was not proved. Decree for $250 and costs. James M. Hoyt and Jesse Hoyt Barker, Vandewater and othe ting.)—The libel demands the value of a cargo of fic taken on board the bark at Albany, to be transpor' to New York. ‘The case came up on exceptions to commissioner's report. The bark «unk at the wharf at the 8th of October; the next day she was raised. the flour taken out and sold at auction by the claimants, without authority from the libellants, or their knowledge. They reside in New York, and com- munication could have been had with them by telegraph in afew minutes, and by steamboat in twenty-four the Bark” Joshua —(Opinion in wi hours, ‘The bark was imm ly pumped out, and la- den with a cargo of lumber, and despatched to New York. where she arrived the the first intelligence of the sale of th rf fered to pay over the proceeds of allowed $350 expenses, and the bala ing account of $1179 15. ‘The commissioner repor the market value of the flour in New York on the 9th and 15th of October, being on the 9th, $464 and on the 15th, $4841, Held by the court, that the sale of the flour by the mants was without necessity, and wrongful in respect to the libellants ; that they were entitled to demand its value, at their election, when it was converted by the claimants to money, or at the time it could have been reasonably delivered to them i New York, notwithstanding the accident and delay tn its transportation, which, upon the evidence, was the 15th ; that the valuation of the flour made by the com- missioner was sustained by the proofs in the case; and it was decreed that the libellants receive $4841, less th antecedent charges thereon, (350.) and the val the freight to New York, ($70.) being $4621, with in rest from October 15, and costs to be ta: Goldsmith, Wells and others, vs. the Steamboat Bay State.— on in writing.)—Action for collision in the mouth of Narragansett buy, by which the schooner Oriana and hor cargo, were sunk and tot about 6a.m,, the 13th da August last. T was nearly a dead calm, and the fog so thick upon th water. that the vessels could not be seen one or two hundred feet apart. The schooner was under way, but lying nearly still. and the steamer was running at the rate of sixteen miles the hour. The noise of her ap- proach could be heard in that weather several mil and waa heard for fifteen minut er, her large bell was also ringing as notice of he time to time, and it had been rung ning a very few m The schooner, whilst at a on account of the fog, given notice of beating an empty hogshead on her deck f an outsta er position by It was found that such warning would be heard far enough by a steamer in motion, to enable her to avoid the schooner. Held, that the steamer wasin fault in running with that high «peed in such weather, and would be answra ble for all the consequences, if the schooner had Bead proper diligence and precau hor part hat the schooner was also guilty of blameable caution, whilst lying «till o her, in not broad sea, and a steam giving the warning of give, and which she had continued to give thr revious night. Held, that both vessels being in fault in the premises, th be apportioned, Order of refer cargo. No c: The United Libel against t prepared to carry on the sia’ was oquipped at this port in Jul a cargo for the coast of Africa was to return in five months, of her had been frequently on thi indicted and convicted in the Uni concerned in the slave trade, on his last preeeding voy- age there, and been sentenced to the State prison on the conviction, He was pardoned by the President. and shortly after was employed on the voyage in ques- tion. The cargo was discharged immediately on the arrival of the schooner at Galenas; and under the di- rection of the master, who remaiged on shore, addition- al water casks wore put on board, and more ordered. and the vessel directed to be rendy to go to Brazil, under charter to a person in Galenas, to carry passeny Spaniards or Portuguese. The mate and crow i charge of the schooner, becoming alarmed, and think- ing she was destined to be put im the «lave trade. made sail with her, and searched along the coast for an American man of war, to put her in chagre of United but not being able to meet with a crui- ser, they brought the vessel to this port, and surren dered her to the United States authorities. — Evidene: was given by the claimant in explanation of many ¢ the facts proved. Held by the court that sufficient proof was not produced by the United States to convict the vessel of being fitted out and prepared to be en- gaged in the slave trade, and ordered, that the libel be dismissed; but held that probable cause was shown for the arrest and seizure of the vessel, and ordered a cer- nd be borne equatly by rtain value of schoon States vs je schooner, fe Schooner Mary Jane.— being fitted out and trade. y. 1847, and Inde ficate to be entered accordingly ‘ Uercler McDonald and others v8. The Ship Aberfoyle. — (Opinion in writing.) —Suit by steerage passengers to recover compensation for being put on short allowance of provision and water, on # voyage from Liverpool to | ae ae New York. ‘The proofs were ample, sufficieney of the supply to the libel and their sufferings In consequence. The defence was—]. That the ship wasa British vessel, and the parties Brittsh sub- jects, and that this Court had no jurisdiction in the mat- ter. 2. That the entire ship had been chartered by the owners, and the charterers were owners for the voyage, and the ship was not responsible for theiracts, 3, That the contr of libellants was with the agent or broker ers, and was personal, and not ténding om he not. bei ent of the ship, 4, There to howing the in- being no proof that the ship had not an adequate a ply of provisions or water, she must be presumed have n so furnished; and that it was the fault of the master in not delivering them out to the libellanta, for which he alone is answerable. Held that the charter party proved was an affrightment for the vey- age and not an entire letting of the ship. so as to cong stitute the charterers owners for the voyage; that paa- senger vessels carrying passengers, &e., for hire, are lia- ble in rem, on their ‘tracts, the same a4 on shipment of merchandize; thatthe ship is bound to provide pas- sengers wholesome and necessary provisions and water, as well us necessary room for sleeping and being housed; and when the passenger is deprived of oither the ship is chargeable for the injury, cortainly,unless the owner proves the necessary provision was made by him, and withheld by the master; that, in this case, the contract havin to be executed or com- leted in the United States, the courts of this country have jurisdiction on the subject matter, the same as if the parties and ship were American. Decreed that the libellants recover against thecshipfthe amount of pas- Isage money paid, together with intorest from the com- mencement of the suit, and taxed costs, John Scott vs, William H Russell.Libol for wages, to Liverpool and back, as cook. The libellant was seen taking tobacco on board the vesselin New York clan- inely. The vessel was searched at Liverpool by custom house officers, and 40 to 50 pounds of tobacco was found concealed under the floor of the cook’s gal- ley. The v days; but no distinct evidence was or the damage ovcasio: men owe fidelity to the " wrongful act of theirs on board, subjecting the shi owners to loss, will be punished by substraction of their wages. ‘The mulet may equal the whole amount of wages, or at the discretion of the court, be qualified ac- cording to the equities of the cave. The ewdence leaves no room to doubt that he well knew he was vio- lating the English law in what he did. No very se- vere less to the ship bein proved, it is ordered that an abatement of $25, for the offence be made for the libellant’s wages, and that he recover the residue (if any) without costs, Edward Fitzgerald vs William Dodge.—Opinion in writing.—Suit for collision at one of the piers in New York, The steamboat Mohegan, commanded by the respondant, was towing out of her berth » coal . The libellant’s schooner was at contiguous pier. Atthe request of the respondant, she was astern, so as to open space sufficient for the pass out at her head. The libellant and respondent thought the schooner had been sut njly moved, but the eddy tide swayed the barge, ax she was towed out of her berth, towards the schooner, and no one loosing her forward faste so as to let her fall farther back, her bow- sprit was struck by the barge, and she received consi- derable injury. Some injury was also received by the barge. Held that the case was one of mischance or ac- cident. Both parties thought a widening opened suff- cient forthe barge to pass out safely; and although the respondant by warping out the barge by hand, might have kept her off the schooner, #0 the respon- dent, by letting loose his fasts, or hauling her a trifle tern, would have kept the two clear. It is nota case of wrongful colision, in which the defendant can be made answerable, Bill dismissed without costs to either party. William Alexander vs. Joseph Galloway.—(Opinion in writing.) Suit for wages from New York to Charles- ton and back. The libellant was arrested in this city after the return of the ship, charged with stealing « bag of cotton, part of the return cargo. On trial before a justice for the larceny. the libellant was acquitted. But the evidence produced on this having established be- sel was in consoquence detained some iven of the time, to yond all question, that the libellant, in concert with two accomplices (a person onshore and the second mate) had purloined the cotton, landed it in the night, and attempted,to sell it—held that his conduct forfeited “all wages earned on the voyage. It did #0, because the wil- ful plunder of the cargo and taking it ashore for sale, was « higher offence in a sailor than embezaling and using on board, liquors or provisions belonging to the ship, and {such acts are visited by abatement of wages to the fullextent of the ship’s los ; and also, be- cause misconduct was of a character to justify the mas- arging the sailorfrom the ship, and that grade of misconduct carries with it, as a common consequence, aforfeiture of wages. Decree dismissing the libel, with costs to be taxed, Charles Summers vs, Andrew T. Ptercy.—(Opinions in writing.) Libel for wages earned whilst the vessel was fitting for sea, and for damages in not taking libel- lant the voyage, He engaged us cook, and went at times two or three days before her sailing, to tho vessel, and did occasionally some work on board. When orde1 ed on board the day of sailing. he rez clared he would not perform the voya; ing brokers and others, failing to persuade him to fuldt his engagement, and the veasel being detained for ® cook, another was shipped and went the voyage. Held that the leaving the vessel by the libellant, in violation of his contruct, and against the wishes of the master, was in effect a desertion. At common law, the libellant would be barred, recovering for the work done, having broken his agreement and failed to serve out the time for which he was hired. The same rule applies in the maratime courts, where the sailor quits the vessel with- out the consent of the master. Decree that the libel be dismissed, with summary costs to the respondent, to be taxed. Robert Wood ws The Bark Infanta.—(Opinion tn writing.) —Action for dama; by a British sailor against a British ship, and also for his services in fit- ting out and preparing the ship for sea Yn her home ort. Held that admiralty courts will not enforce claims n favor of foreigners against ships of their own coun- try, or liabilities incurred in a home port, unless those claims are proved to be liens in that place. By the law of England, artificers and nautical men acquire no liem easel within the realm for supplies or services also, that the contract of the ie being for a voyage from Nova verpool, and thence to inNorth Ameri ¢ libellant could not arrest the vessel before the tei mination of the voyage in this port, unless he proved « wrongful discharge, his own destitution, or produced the approval of the British consul or commercial agent in this port, or minister to the United States, to his suit. Held, also, that the facts in proof would justly de- feat the recovery of libellant on the merits, Held that ommission to Ne cotia was properly executed, were examined, whose names had ly furnished the libellant—a sufficient being given by the respondent, de- George States vs. The Bark Infanta,—The same legal principles applicable to this case, Libel dismissed with couts. Common Puras—Iv Baxco—Decrstons—Stephen Ar- nold, et, al. ads, [saxe Arnold.—Motion granted ; costs bide tl nt. Fox vs, Hare—Motion for commis. hut without prejudice to a renewal of it ; no costs to either party on this motion, Shaffer ads. Wright—-Motion granted, provided the defendant pays into court the amount of t erdict. or gives security therefor, and pays all costs of inquest and subsequent. proceedingsfin this cause ; cost of motion and of suit against bail, Allis ads, White—Motion to net aside de- fault granted, without costs. Maybee vs. Thomas— Motion so far granted as to allow parties to submit writ- ten arguments on Saturday next. White va. Allis Motion for commission granted according to notice; costs to abide the event. Sutton ads. Curry granted with costs. Plaintiff may stipulate on payment of costa, Bertrand ada, Lovegrove—No opposition being made, the motion granted to vacate the default, and the original motion is to be heard on Friday next. Svrenton Count—In Baxco—De Puga vs. Merchants? Insurance Company—Motion denied without costs to either party Howland a 1s. Hashrouck. nt for plaintiff. jana vs. Gerard H. Coster.—Judgment Motion for new trial de- ‘ Mills —Judgment for defendant, as in case of a nonsuit . Copperthwait vs. Sheffield. Ordered, that for tho purpose of adjusting the verdict in this cause, interest he computed upon the judgment recovered by the Bank of England against James and John Reid, on the Sth day of March, 1842, from that day to the 7th of April, 1842, at the rate of five per cent per annum; that pon the two bills upon which this suit is ated at the rate of five per cent per to the 7th of a Apri to the or of the court, » United States ctions contained in the ord converted into the currency of t » of $486, and 1-10 per cent t ling. and interest added at, the rate of seven per cont per annum from the 7th of April, 1342, to the date of the verdict. Unite States Comstssioven's Orrie fore Commissioner Morton—Charge Greenwood, the man charged with the murder of Wm. rlyle, on board the bri Jonel Tayloe, was com mitted to-day to take his tri der. Count ov Gexenat Sesstons—May 5,—Before Re- cordur Scott, and Aldermen Franklin and Dodge.— John McKeon Esq., District Attorney The Trial of Honora Shepard. on an indictment for passing a co t $10 bank Dill, was resumed, and additional wity were ‘examined, but the case had not been closed for the prosecution when the court adjourned until to-morrow morning. Count Catexpar ror Monpay nit Court. — 5 . 16, 17, 18, 19, 20, 21, 23, 25, 27, 18K Superior c 8, 49, 2, 6, 9. 11,81, 86, 89, M4, 102, 100, wal . 123, 134, 138, 146, 148, 150, 152, 165, 168, 17, 23, ba» 4. 54, 63, 68, 70, 103, 171 to 176 inclusive, 179, 182, 183+ 5, 187, 18, 188 to 192, 194 to 200. Common Pleas. 4, 36, 41, 44, 46, 48, 50, 51, 54, 57 59, 60, 62, 63) - s.—Yesterday, upwards of one hun- e lying in this city awaiting their turns to pass the weigh-lock. Loaded boats were weighed to go east yesterday morning for the first time, the water having become sufficient for navigation im that direction. Up to six o'clock last evening, the whole number of boats weighed was 52 The number of barrels of flour which had passed the weigh lock up to the same hour, was 25,601,—Rochester American, 5th inst,