The New York Herald Newspaper, May 31, 1848, Page 1

THE NEW YORK HERALD. NEW YORK, WEDNESDAY MORNING, MAY 31, 1848. Public Meeting for the Relief of Messrs. Kipp | and Brown. \ In accordance with a call, signed by a large num- | ber of our ctable citizens, a meeting was held | last evening in the Tabernacle, for the purpose of devising measures for the relief of Messrs. Kipp | and Brown, proprietors of the Chelsea line of stages in this city, whose stables, with upwards of one hundred horses, twenty stages, and a vast quantity of feed, hay, &c., were destroyed recently by fire. ‘The following named gentlemen were nominated | and elected to preside on the occasion: | Paesioent—WM. F. HAVEMEYER. Vice Prestoetns—Andrew H. Mickle, Caleb S. Wood- hull, Egbert Benson, Daniel C, Pent, David C. Colden, Cornelius W, Lawrence, Zebedeo Ring, Abraham R. Lawrence, Mark Spencer, Gideon Ostrander, Theo. F. Secor, Henry Brevoort, James H. Cook, Thomas T. Woodruff, Wm. V. Brady. James Harper, Clarkson Cro- | lius, George Law. | Secretaries—James B. Greenman, John J, Herrick, | Charles Webb, Helmus M, Wells, E. Haydock White, Henry P, Wanmaker, William B, Meech, James Camp- ell Mayor Havemeyer stated the objects of the meeting’ and said he was led to believe, by the large jemblage present, that the conflagration of Messrs. Kipp and Brown was looked upon as a public | calamily, and in view of tho usefulness of the enter- prize in which these gentlemen were engaged, he the best reason to believe that they would receive the sympathy of a generous public. id Hon. Daniet E. Sicxiss offered the following resolu- ion Whereas, The largo establishment of our fellow townsmen, Kipp & Brown, the well known stage proprietors, was destroyed by fire on the morning of the 26th inst. ; and whereas, on that oc- casion, they lost by the burning of their carriages, horses, harness, nad buildings, more than $60,000, whereby they have heen sud- denly prostrated; and whereas, their exemplary characters, ae citizens, always ready themselves to extend ® prompt and gene- rous hand to the unfortunate—their enterprise in promoting the prosperity of our city—thelr honerable public spirit, in contr: muting the use ofan extensive lino of stages on #o many festive occasions, and for the benetit of nearly all of our municipal el: ties—merit from our city, now that they have been struck down hy an overwhelming calamity, an emphatic and gubstantial fort for their relief, Therefore, Resolved, ‘That this meeting, profoundly sympathizing with Messrs. Kipp & Brown, in view of the great loss which they have sustained, invites the ‘citizens of New York to co-operate with the suflerers in a united and general effort to relieve those gentle- men from the immediate and pressing embarrasaments, which have attended their misfortunes, and that for this purpose, a3 well ag to enable Kipp & Brown to re-ostablish their old and po- pular line of stages, we will, to-night, eontribute such sums as inay be consistent with our means, respectively. Mr. Sickvss, in offering these resolutions to the particulars of this accident. The fi on the 20th inst.,and at one fell swoop prostrated these gentlemen from affluence to ruin. Their stables, and other property, were destroyed; and now, he was going Corny, they wore thrown on the cold charities of the world—but he would say, on the sympathies of their fellow-citizens. It is a source of pride to know, that if 4 citizen, who has, in his career, assisted tho distressed, and relieved the wants of others, is suddenly re- duced to poverty, thousand hearts will come for- ward and sympathise with him, as ,it is on this | occasion, At. this fire twenty-five stages, upwards of a hundred horses, nine buildings, a large quantity of feed, several workshops, large quai tity of material for the construction of stages, and other property, to the amount of $60,000, were destroyed, ‘They were insured for $16,500 which willonly cover the present amount of indebtedness, leaving them penniless. It is for this meeting to say, what shull be done for the sufferers. Hundreds of han‘ have been extended to them, and the Broadway The: tre, the [American Museum, and a corporation even the Harlem :Railroad corporation, have come forward and tendered their succor. Thus corporations which are not recognized as having souls, are an exception in this instance. We have heard for a number of years, the ery “Kipp & Brown, right up; but the mouths which uttered the expression, are now closed; and it remains to be seen whether they shall be again opened, and we again hear the familiar ery or “Kipp & Brown, right up.” ‘The speaker then passed an eulogy on tho public and private virtues of the sufferers, their chari- ty and their liberality, and anid that yesterday he was {nformed of one of their standing orders, to wit: that when a sister of charity rode in their coaches, the dri- ‘vers wore never, on any account, to accept a cent from her. When the news reached here of the famine in Ireland, they set apart one day's receipts of thoir whole line of coaches for their benefit. Mr. Sickles concluded. by paying a tribute to the enterprise and integrity of Messrs. Kipp & Brown. Mr. Wnersey was called upon, and addressed the meeting fora short time. He adverted to the past ca- rear of Messrs. Kipp & Brown, and attributed to them, in a very great measure, the rise in the value of pro- perty in the upper part of the city, by the enterprise which they have invariably exhibited in conducting and extending their business. He nfhde an eloquent appeal to the meeting, to come forward and relieve the sufferers: ‘The President then read a letter from Mr. G. N. Christy, the leader of the band of songsters known as Christy's Minstrels, containing one hundred dollars, and an offer to give the whole receipts of his company of negro minstrels for one night, for their benefit. The following is a copy of the letter : Ratuavy's Horst, May 30, 1543 To THe CHAIRMAN AND Commirrse, appointed for the purpose ‘of devising meaus to alleviate tho’ misfortune sustained by Mossrs, Kipp & Brown, by the destruction of their property, on the night of the 26th inst:— oon ri 1 attention, it ig not in my meofession requiring my personal attention, i in arco attend. we. meeting of the cibsens of New York, tote eid at the Tabernacle this eveaing, for tl rpose above name, g myself indirectly under obligations to Mesers. Kipp & (a8 well as others engaged in their vocupation,) for the ad- age derived in my busivess, through their enterprise, in affurd- ing Accommodation to the public, Ihave taken the liberty of en- closing one hundred doliars, as my mite towands a sharo of their very great loas—which you will pease dispose of for their benetit; dnd at the samo time, Pbegleave to proficr the services of inyselC and company, if it should be deemed advisable, at any time their services may be required for the furtherance of the object named. Wich the hope that the exertion made in behalf of Messrs, Kipp & Brown, by the citizens of New York, may result in restoring « part of tu6ir lose, is the sincere wish of the public's ol vant, EP. CHRI; Conductor of Christy's \ As soon as the reading of this lotter was finished, hree hearty rounds of applause were given by the ing. all contributing their testimony to Mr. Chris- ty’s liberal donation. Atter the applause had subsided on the annownee- ment of Mr, Christy's contribution, the following letter from Mr. F, 8, Chanfrau, proprietor of the Chatham ad, which drew forth the most enthu- on HavestevEe, & ase accept the tender of a full bonefit at tho any evening you may deem proper, to rit, aS A mate of my sympathy fur their great pect, yours, &e., ¥.S. CHANFRAU, Proprietor. New , May 39, 1848, It was then announced that on Wednesday evening, the 7th of June, there would be a full benefit given to Kipp & Brown by Col Mann, at the Broadway Theatre, and the price of tickets had been set at $5 each,— This was also received with general approbation. CHantegWenn, Esq, stated at this stage of the meet- ing that he had reeeived from Messrs, Russ and Roid the sum of $50, which he handed over to Mr. Brown, TWe uss pavement was cried out, and loudly op. lauded P'\ resolution of thanks was then tendered to the New ald, ournal of Commerce. and all the other rs of the city. for their kindness in offering the the ave of their advertising columns.for the notice of thix Iaudable rprise. and to J, M. Bell, for circulars and bills, furnished gratuitously; as also to the different stage proprietors, and the New York and Harlem Rail- Company, tendered by Mr. Secretary Kyle, for the use of their respective lines, on Thursday next, for the bonefit of the sufferers, The fare on that day will be 12g e Ont to coll Kelly the following gentlemen were appointed James D. a ributions from those present : npkins, Washington Smith, W. Conover, Albert Gamaey, and Alf who went among those present, and soon reporting contributions to the amount of A turned, $2.500, of twhich amount $50 were to be paid for the use of the Tabe Ex-Mayor Mic appointed treasurer. Of the amount re od, G. A, Conover contributed ) > Chrigty, $1 French & Heisen $200, ring thom a benefit’ as soon as Castle Garden vl; besides a number of contributions of bincau tendered one day's receipts of his king a donation of $20. nitteo of five from each ward, was then ap- pointed to collect contributions throughout the city ; the officers of the meeting were added to share in the labor. Che meeting then adjourned, Mr. Browa was present at the meeting, and fully 9 of his fellow citizens, and wept n gratitude at the unlooked for generosity of his sym- pathising friends, Miscellancous, Theatrical and Musical. Panx Taeatne.—The Danseuses Viennoises con- | tinue to attract and delight the public at the above theatre. Their performances last evening were a re- production of the new pieces brought out on Saturday. ‘This is the last week of their remaining in our city, and an opportunity is afforded of secing them now which may not be presented again. The auxiliary pieces were highly entertaining. The “Hasty Conclusion,” however, does not afford Mr. Bass the same opportunity of displaying his peculiar powers which other piecus do. His costume, aud especially the hoary wig snd snow whiskers, are somewhat pitiful. The piece itself is quite mediocre; and pretending to be both pathetic and comical, is neither one nor the other, but half-way to- wards both, and # good way off from either. Bowsny Tuxatare.—It were, indeed, a valn endea- vor to attempt giving any person who was not present on last evening, even the faintest idea of the enthu- siastic, the rapturous, applause, with which the inimit- able Mr. Scott, is being received at the Bowery theatre, One peal of cheering and huszaing succeeded another during the performance of the whole of the tragedy of << Damon and Pythias,”’ with scarcely ® moment's in- termission, This extraordinary enthusiasm pervaded the whole audience. The pit, the boxes, the gallery— tho whole house—and every available space was crowded to suffocation, All joined simultaneously, in the loudest-and most tromendous plaudits at every movement which Mr. Scott made during the whole re- resentation. Yet he eminently deserves it all. Than Lis personation of Damon—the principal character in the above mamed tragedy —nothing could be more natural, more striking, more perfect. He possesses by nature, all the essential qualitios of the dramati education and practice have developed and polished them. Though powerfully athletic, possessing great physical strength, he can affect the strongest passion without forgetting for a moment that he isa man, and that it is human actions he is endeavoring to per- sonate. ‘Thus it may be said of him, in the words of the immortal Shakespeare (and we are aware it is praise of the highest order), that he “ holds the mirror up to nature,” while he never “ o’erateps her modesty.”” Mr. Clarke, also, who represented *Pythius,” acquitted himself with considerable cleverness, and elicited much applause, Mrs. Phillips personated the character of “Calantho,” Pythias’ betrothed, with consummate ability. Being a pretty model of a woman, possessing much beauty, and having @ clear, sweet, tremulous voice, with « very graceful intonation and general bearing, hor representations of sorrow, regret, and des- pair, make avery strong impression upon the audience. With such accomlished performers, rendering a highly interesting and touching tragedy, we did not wonder that soon as the curtain fell, at the conclusion of the last act, the stage was strewn with bouquets, which the ladies, in their enthusiasm, threw from the private boxes, and Mr. Scott was thunderously encored. There were subsequently a comedy and extravaganza, each of which gave unbounded delight. On this evoning will be representod the celebrated tragedy of ‘‘ Macbeth,” in which Mr. Scott will again exhibit his powerful his- trionic abilities, in porsonating that extraordinary per- sonage. Cuatuam Turatre.—The house was crowded again last evening, and the utmost hilarity and satisfaction prevailed among the audience. The charming little farce of the “ Loan of a Lover” was the second piece. This farce is an especial favorite of ours, We remem- bor a long time ago what a run it had at the Park, with the little Keeleys as Peter and Gertrude. ‘The perform- ance of it last evening would compare very favorably with the way it was produced then; for Miss Walters and Winans were inimitable, the one as the innocet and sweetheart-seeking Gertrude, the other as <he stolid and laconic Peter. Miss Walters sung tho fittlo songs edmirably, and was much applauded, Winan was capital. One could searcely belleve that Joe—the Joe of Catharine market—and Peter, were one and the same individual. To-night comes off Chanfrau’s com- plimentary benefit. We expect to soca great house, ax, besides the groat attraction of the beneficiary’s per- formance as Mose, ho will also show that the b’hoy of New York is not the only part he can fill to perfection; but will give us sample of the Spanish b’hoy, the gal- lant, reckless, generous Don Cesar de Bazan, which will be played as the last piece. Missos Roberts and Phillips, and Mossrs. Nickinaon, Conover, Levere. Ar- nold, Clark, and Henry, have also volunteered, and will al: appear in the new comic drama of “ Lavater, or the Physiognomist.” The very numerous list of highly re- spectable citizens who have got up this merited com- pliment to the indomitable Mose, will, we doubt not, be fully gratified by seeing an audience collected this evening that will be really and truly a tremendous one. Cunuisty’s Mixetnens.—Nothing more can be said of these gentry than what we have so often repeated,viz. : that they are listened to nightly by crowded audiences. The current of their success rolls on smoothly and evenly, and they are now acknowledged by all to be the very élite of Ethiopian singers, Let all goand hear em. Baxvanp's Panonaata will be exhibited twice to-day, vis, at Sand 7% P.M. An excellent arrangement. as many families can goin the day time, but not after dark, There are rumors of the early departure of Ban- vard and his panorama for Europe ; let no one allow it to go unseen. They will always regret it if they do. Mrtopxox.—This house goes on swimmingly ; the Virginia Minstrels have hosts of admirers, and justly, too, as they are capital singers. Patsto’s Orena Hovsy.—The tableaux here are varied cvery evening. and Mose and his adventures among the model artists, form attractive features. Concent Hatt, at Nowark, N. J..is doing quite a business in the theatrical way we understand. To-night Mr. and Mrs, Stephens take @ benefit there, and quite an inferesting bill is set forth. Baxxen’s Tours or Sante Brotnr. well at Borton, The Boston Courier highest terms of their performances a: strels, The Astor House Opera Company are at prosont per- forming in Boston, and are eliciting considerable ap- plause. Mr. Collins, the celebrated personater of Irish cha- raoter, still continues in the same city, aud is nightly attracting thousands. Mr. and Mrs. Walfack are performing with unwont- ed success in Baltimore. They have now been there for several weeks, and the interest which they have ex- cited in favor of the drama is not in the slightest di- iinishing. Mr Lynne is also in Baltimore, and is being very libe- rally patronized. Mr. Booth, the;celebrated tragedian, continues in the same city, and is nightly attracting thousands. His personation of some of Shakepeare’s most distinguish- td characters, has given considerable delight, and greatly improved his reputation. ‘The Orphean Family still continue their attractive performances at New Orleans, and are becoming great favorites in that city. Mr. Clarke and Mr. Greerson are performing in New Orleans also, and are being warmly patronized. Mrs. Popo and Miss Fanny Deering continue in the same city, and are still attracting thousands. Mr G: Holman and Mr. Kelly are delighting tho people of Philadelphia. Mr. Mark and Mr. Henkins are performing with much success in the same city. Mr. Jamieson and Miss Logan are performing in Cin- cinnati, with brilliant success, Mrs, Bounce continues to give much delight in the same city. Ovens ann Batier.—We understand thet Mr. Ham- blin, for his theatre, and Mr. Fry, for the Italian Opera, are negotiating for the services of Miss Maywood. If the baliet and the opera could be combined on a proper | scale, they would undoubtedly have a great run. ‘anny Kemble Butler arrived in the Hibernia, An English paper states that “Mra, Butler gave the last of ‘a series of lectures on Shakspoare, at the Collogiate In- stitution, Liverpool, on the 11th inst, Her readings have attracted full and fashionable audiences, and ven as great delight there as in London, She starts immediately for the United States, where she will ap- pear with Mr, Macready.” ‘The French company, of the Theatre D’Orleans, at thiopian Min- Now Orleans, closed their sonson, on the 20th inst.” It is sald that Mr. Davis, thelr able manager, re-engaged the greatest part of his actors, who are said to be of the first style. We will coon have an opportunity | of judging ourselves, for it is now certain that the best | of them will shortly arrive in New York, where they are engaged by Niblo. and where they will’ play the opera, comiqne, and vaudevilles, The celebrated chanteuses, Meedames Fleury Joly, and Lecourt, will be among them. The Boston Journal, of the 20th inst, says the steam: mer Bay Stw sted to arrive at that port to- morrow or next day, for the purpose of being taken into the dry dock atthe Navy Yard for repairs, no other deck’ being large enough to admit her, The trial of Joseph Jewell commenced at Boston on Monday At Albany, on the 28th inst.,an insane man, who give his nome as Kelly, being pursued, turned and fir- ed a pistol, the ball from which grazed the forehead of ® young man named Mull, The lunatic and Mull then grappled, when the crazy man_ stabbed his anta- gonist, and it is feared that the result may prove fatal The demonted unfortunate said he was from Dubuque, Iowa, He had in hia possession a draft for $7,000, and othor moneys, amounting altogether to $10,000. The Common Council of Syracuse have refused to grant licenses for selling spirituous liquors. ‘The eltizens of Alleghany City (Pa.) have authorized the county commissioners to subscribe one million of dollars to the stock of the Central Railroad, ‘The tolls received at Chicago. for the first five days after the opening of the Illinois and Michigan canal, amounted to $1,426 60. en years ago the trade between New York and xas was confined to @ single schooner ; now there is @ line of ships constantly employed, | The ex-Ca/é Pinteux, which was shut up some time ago, will re-open to-morrow under a new title and a new tenant, This old establishment, so well known to the French residents of New York, will re-open under the title of the Café de la Répulique, and will be kept by the renowned, Italian Limonadier Padmo, No doubt he will meet witil the success he deserves for his fruitless | exertions during the last ten years, in all the branches | he has undertaken, opera, as well as sweet things. | From rie Sat Istanps.—The season just com- menced bids fair to be exceedingly favorable through the Salt Islands. Very large quantities of salt have already been raked, and lie ready for ex- portation. At the Turks Islands, about 600,000 bushels have “been gathered ; at Long Cay, 80,000 bushels ; Rum Cay, 20,0005, Long Island,’ 1100. A great deal of salt remains in the ponds at Long Cay, for want of labor to rake it. alt raking at Exuma is expected to be most pro- ductive this season. A large quantity is already gathered, No salt has been raked at Exuma for | near ten years. Movements of Distinguished Individuals, ‘The Secretary of War, W. L. Marcy, arrived at Albany on the evening of the 20th inst, i Law Intelligence. Surneme Count, May 28—Imrontant Decision. — In the matter of the application of Edward B. Corwi as Chief Clerk of the vilms-House of the city of New York, to compel the delivery of Books and Papers.— His Honor, Judge Edwards, gave his decision as follows:—It appears by the petition of Corwin, that on the fifth day of May instant, the Common Council of the city of New York, by a resolution duly passed by | them, removed James S. Hyatt from the office of Chief- | Clerk of the Alms-House, and by another resolution, don the same day, appsinted Edward B. Corwin | his successor; both of which resolutions were approved by the Mayor, It also appears that, on the sixth day of May, Corwin took the oath of office before the May- or; and that, since that time, he has demanded of Hy att that he should deliver up to him the books and pa- pers of the office; which demand Hyatt has refused.— | ‘The affidavits on thé part of the respondent do not de- | ny these facts—but they set up that he has never been | removed from office by any lawful authority. And that, although the respondent has kept @ set of books | as Chief-Clerk in the Alms-House, still that the books | t were provided and furnished to him by the Commis- | sioner of the Alms-House, and have been and remain | in the care and custody of the Commissioner, except | that they have been from time to time in charge of the respondent for the purpose of making entries therein, and conducting his official duties, in subordination and pursuant, to the directions of the Commissioner. Upon these facts, the petitioner asks for am or- | der to compel the respondent to deliver over | to him the books and papers appertaining (to the office of Chief-Clerk of the Alms-House. | It is admitted that the petitioner is an officer within | the meaning of the statute under which the applica- tion is made (1R. S., 124, sec. 350.) But it is denied that the respondent has ben legally Temoved from, or that the petitioner has been legally appointed to, the office in question. ‘The first inquiry is as to the legality of the petitioner's appointment; for it was admitted by the petitioner, and such is unquestionably the law, | that he must establish a clear title to the office before he can obtain the relief which he asks. (See 5 Hill, 616, 631, note a.) By the act of 1813, (2 R. S., 439) which is the first statute to which my attention has been called, the Common Council were authorized to appoint | five Commissioners of the Alms House, with the powers | and duties therein particularly stated and defined. In the year 1834, and while this statute remained in force, | an ordinance was passed by the Mayor, Aldermen, and | Commonalty, of the city of New York, for the or- | ganization of the Alms House department. ‘This ordi- | nance provided that a clerk of the Alms House should } be appointed by the Common Council, and that his of- | fice should be kept in one of the rooms of the commis- sioners, (Corporation ordinances, 122, $11.) On the | 14th May, 1845. the Legislature of the State of New York passed an act authorizing the Common Council of the city of New York to nominate and appoint one person to be overseer of the poor thereof, to be known | and distinguished as the “Commissioner of the Alms House Department;" and the act provides that the person so appointed “ shall have the same powers and authority as are now conferred by law upon the Com- missioners of the Alms House and Bridewell of the city of New York;” and it further provides that, “at the next charter election for the citw of New York. and an- nually thereafter, such officer, and with the like powers and authority, shall be chosen by the electors of the city of New York. (Laws, 1845, chap. 283, p. 383.) By this statute, one commissioner was substi- tuted in the pace of the five commissioners which ex- isted under the previous law, and with the same powers as they possessed. Subsequent to the passage of the act of 1845, and on the 16th day of June, in the same your, the Common Council passed an ordinance au- | thorizing the Commissioner to appoint “a chief clerk to the Alms House Department,” and requiring such clerk to “keep, in a set of books provided by the Com- missioner, a clear and distinct account’? of the ex- | penses and business of the department, and also re- quiring that the clerk should “keep his books in the offiee of the Commissioner.” (Corporation ordinances. 556, 557.) By an ordinance passed June 2. 1847, it was provided that the joint committees on charity and the Alms House, should have power to appoint all such o ficers and agents as were employed in the Alms House Department, and whose appointment was then vested in the Commissioner of the Alms House. Subsequent ly. by an ordinance passed April 28, 1848, the previous ordinance was repealed, and it was provided that the powers conferred on the joint committee on charity and the Alms House shouid thereafter be and remain in tho Common Couneil only. The question now to be determined is, whether the statute of 1845 vested the power of appointing the Chief Clerk of the Alms House in the Commissioner, or left it in the Common Council. If it vested the power in the Commissioner, then the ordinance of April 28, 1848, ia void, and the appointment of the petitioner by the'Common Coun- cil was made without lawful authority. The powers of the Commissioner are not specifically gefined in the statute of 1845. The act declares that he shall have the same powers and authority as are ‘now conferred by law” upon the Commissioners of the Alms?House. ‘The question then arises, whether the commissioners, at the time of the passage of this act, had the power to appoint the chief clerk of the Alms- House Department. It was not contended upon the argument that the statute of 1813 conferred such power upon the commissioners created under ‘that act. The Corporation ordinance of 1834, as has been already seen, expressly conferred that power upon the Common Couneil, and not upon the Commissioners. They then had no power to appoint the clerk. either by any law of the State, or by any city ordinance; for there was no other law or ordinance on the subject. except those above cited, But it was contended on the part of the respondent, that the word * now,’”’ used in the act of 1845, referred to the time when the Commissioner of the Alms House was to be elected by the'people, and not to the time o! the passage of the act. There ix nothing in the statute which shows any such intention, aud such is not the meaning of the language used. The ordinance of the 16th June, 1845, cannot be referred to for the purpose of ascertaining what powers were granted to the Commissioners by the act of the 14th May, 1845.— There were some references made to the proceedings of the Common Council, to show that they desired that the legislature should, by the act of 1845. confer upon the Commissioner the power to appoint all the subordi- nate officers of the Alms House Department, including the clerk, That may have been the wish of the Com- mon Council, and reasons of public policy may have suggested such a wish, but the law does not so provide. It was also contended on the part of the respondent, that the Common Council having once parted with their power, by conferring it upon the Commissioner of the Alms House by the ordinance of June 18, 1845, could not. by a subsequent ordinance, resume it; the com- naissioner being the head of a co-ordinate department of the city government. I know of no principle of law by which sich a power once conferred could come a permanent vested power, irrevocable by the au- thority by which it was granted. It was a mero dele~ gation of an authority for the period, not fixed, and, like all similar powers, determinable at the will of the party conferring it. ‘Tho conclusion, to which | am led, then, is, that the Coramon Council, and they only, have the power to remove, and to appoint the chief clork of the Alms House Department, and that the ap- pointment of the petitioner was legal. The respondent, however, contends that he has no books and papers in his custody as chief clerk, and that the books which he has kept have been, and now are, in the custody of the commissioner. He docs not pretend that he has parted with the custody of the books, but this is the construction which he gives to the powers which he has exercised ; that is, that he has been merely an officer to make entries in books which have been inthe custody and under the care and control of the com- missioner. I think that in this respect he has miscon- strued the nature of his powers. The ordinance which defines the powers and duties of the chief clerk re- quires that he shall keep his accounts in a set of books to be provided by the commissioner, and that he shall keep his books in the office of the commissioner. This does not give the commissioner the custody of the books; netther does it plaeo them under his care or control, He merely provides them. But when provided, they become the books of the clerk, and are so designated in the ordinance, The statute under which this application is made refers to books and papers ir the custody of an officer, or in any way appertaining to his office. The books an papers in this cas) are in the custody of the respondent, or at loast appertain to his office, within the moaning of the statute. An order that the respondent shall deliver up to the petitioner the books and papers in his custo- dy, or appertaining to the office of chief clerk, will not require him to remove them from the office of the com- missioner, where the law requires them to be kept. It will merely require him to relinquish his control over them to the petitioner. ‘The last objection which was taken to this application is that it does not appear from the petition that the o-th which was taken by the pe- titioner before the Mayor, had been filed in the office of of the county clerk. "It does not appear, on the con- trary, that such oath had not been filed, Neither was the refusal of the respondent to deliver up the books and papers placed upon that ground. And. although I am of opinion that this is one of those offices to which the statute refers, which requires his oath to be filed, still [ do not consider the me t that no such filing is stated in tho petition, a sufficient cause for refusing this application, The statute gave the petition r fit- teen days after he was appointed to file his oath, (1 R. $8. 119 § 21) which time had not expired when the peti- tion was verified. And, even if the oath had not then been filed, non constat that it was not filed within the period mentioned in the statute. Again, the statute which requires an oath to be taken and filed by an of- | | has never been admitted to practice in this court. The affidavit on the part of the defendant states that the tiff,’ and that said Goff is not an attorney of this court, | nor an attorney or counsellor at law, or solicitor, nor has he ever been admitted to practice as such. ‘This is not denied by Goff; but he alleges that he is duly thorized to act as the attorney for the plaintiff, by vir- tue ofa warrant of attorney. a copy of which is an nexed to his affidavit. ‘The question is, whether, under such an authority, Goff has the right to file a declara- tion as attorney for the plaintiff. It is provided in art. 6, sec. 8 of the present constitution of this State, that “any male citizen, of the age of twenty-one years, of good moral character, and who possesses the requisite qualt- fications of learning and ability, shall be entitled to admission to practice in all the courts of this State.’* By tho 75th section of the “ Act in relation to the Judi- ciary,”? passed May 12, 1847, and which was intended to carry out the provisions of the constitution, so far as legislation might be necessary and proper for that ‘purpose, it is provided that “every male citizen, of the age of twenty-one years, applyi jo be admitted to practice as an attorney, solicitor, an | counsellor in the courts of this State, shall be examined | away like a by the justices of the Supreme Court, which examina- person so applying shall be found to be of good moral character, and to possess the requisite qualifications of learning and ability, the court shall direct an order to be entered by the clerk thereof, stating that such per- son has been so examined, and found to possess the qualifications required by the constitution; and there- upon auch person shall be entitled to practice as an attorney, solicitor, and counsellor in all the courts of this State.” It is further provided, that the Supreme Court shall, by general rules, prescribe what shall bo sufficient evidence of good moral character. In pur- suance.of this act, the Supreme Court, at its general term, held at Albany in July Inst, made n rale pointing out the manner in which the citizenship, age and mo- ral character of the applicant should be proved to the Court. By the act of December Ith, 1847 and '46, amending the ‘Act in relation to the Judiciary,” it is provided, that “any person of good moral charactor, although not admitted as an attorney, may manage, prosecute, or defend a suit for any other person, pro- vided he is specially authorized for that purpose by the person for whom he appears, in writing, or by personal nomination in open court.’ It is under this statutory provision that Goff claims the right to act as attorney for the plaintiff in this suit, and resists the motion of the defendant. It is claimed, on the other hand, that thss act is contrary to the provisions of the constitu- tion. Inthe former constitution of this State, there was no provision made as to the qualifications requisite for admission to practice in any of the courts of this State, That matter was left “open, and was regu- lated by the rules of the different courts. In or- der to ascertain what is the meaning and offect of the provision in the presont constitution, it is import- ant to consider what is the object of a State constitu- tion. Its object undoubtedly is, to establish the funda- mental permanent law of the state ; that law which is not to be left to ordinary legislation. A constitution is defined by Judge Story to be “a fundamental law, or basis of government.’’ It is established by the peo- ple, in their original sovereign capacity, to promote thelr own happiness, and permanently to securo their rights, property, independence and common welfare. (1 Story Com, on Constitution, sec. 338, 339.) The con- vention that established a constitution has all the powers which the people possess in their original sovereign capacity. ‘The powers of the legislature are limited, and subordinate to the constitution. If a constitutional provision is made upon any given sub- ject, the presumed object and intention, and the legal effect of such a provision, is, that the rule on that sub- Ject shall be permanent, and not left to be repealed or modified as shall seem proper according to the fluctua ting and changing opinions of successive legislatures. And, upon the principle that expressio unixs est exclu- sio alternus, any law which conflicts with such consti- tutional provision is not within the province of ordi- nary legislation, Any other construction would de- stroy the distinctive character of a constitution as the fundamental permanent law of the State. Thus, it is provided in art. 2, §1 of the constitution that “ every male citizen of ‘the age #f twenty-one years, who shall have been a citizen for ten days, and an in- habitant of this State one year next preceding any election, and for the last four months a residont of the county where he may offer his yote, shall be entitled to vote at such election, in the election district of,which ho shall be a resident.” Now, I trust it would not be contended that the legislature could not pass an act authorising a person to yote at an election who was not a citizen, or who was a citizon under the age of twenty-one years, or a citizen of the age of twenty-one years who should not have been a citizen for ten days,or should not have been a resident of the State for one year next preceding the election. And yet there is no express restriction epon the powor of the legislature in this respect. Again, it is provided by art. 5, sec. 1, that the Secretary of State, Comptroller, Treasurer, and At General shail hold their offices for two years ; and no one would pretend that the legislature would authorize them to hold their offices fora longer term than two years, although there is no express constitutional prohibition. Other similar cases might be cited. So in the case under considera- tion, the constitution provides that any male citizen, of the age of twenty-one years, of good moral character, and who possesses the requisite qualifications of learn- ing and ability, shall be entitled to be admitted to prac- tice in all the courts of this State, And yet, notwith- standing this provision, according to the construction contended for by the person'who represents the plaintiff in this suit, the first legislature that meets under the constitution, can pass a law authorizing, in effect, a person who is not a male citizen. and not of the age of twenty-one years, and who does not possess the requisite qualifications of learaing and ability. to practice in all the courts of the State.— Such a construction would render the provision of the constitution nugatory and unmeaning. ‘The con- stitution must have intended to lay down a permanent rule. It was so understood by the legislature at the time that it passed the judiciary act of May 12, 1847. ‘That act provides thata malo citizon of the age of twenty-one years and of good moral character, shall be admitted to practice in all the courts of the State, if he shall be found to possess the qualifications re- quired by the constjtution—(Laws 1847. p. 343. sec. 75.) What were the reasons which induced the same legis- lature, at a second meeting, to pass a law which repu- diates'the idea of any qualifeations being required by the constitution, does not appear, Neither is it obvi- ous, when we consider the high trust and responsibili- ty of the officer and duties of an attorney, why the logislature deemed it expedient to pass an act author- izing a person to practice as an attorney, who does not possess the requisite qualifications of learning and ability. It was said,howover, on the argument, that the Act of Dec. 14, 1847, did not contravene the constitu- tional provision, because it did not profess to authorize an admission to practice in all the courts of the State. Tho answor to this is, that the act makes no_ restric: tion as to courts, but allows any person, of good mo- ral character, to manage, prosecute, ordefond any suit, for any other person, provided he is specially author: ized in writing, or by nomination in open court: or, in other words, it allows any person of good moral cha- racter, to practice in all the courts of the State, provi- ded he can furnish the evidence of his employment, which the act requires, ‘This is, in its substance and effect, opposed to the provision made by the coustitu- tion.’ With these views, and inasmuch as [am bound by the constitution as’ the paramount law of the State. and as it does not appear that the person who has brought this suitin behalf of the plaintiff, possesses the qualificationsrequired by the oonstitu- tion, Tcan come to no other conclusion, than that the defendant's motion must be granted. I would add, that my associntes in this district, unanimously concur with me in this conclusion. Before Judge Hurlbut—Samuel Bowman vs. W. Mons. Sherwood and Josiah Rich,—Order confirming report appointing receiver B. Strang et. al. vs. Henrietta Kain.—Ordered. tho exceptions to the report of referee, are well taken Half the surplus, after paying the widow may be paid tothe judgement creditors; and the other half to be distributed among the five children of James Kain. a lien on all surplus moneys the sale of the property, &e In this caso which had been argued at length some time back, it was ordered that the injunction be dissolved Count or Sreciat. Sessions, May 30.—Before the Recorder, and Aldermen Adams and Grey.—At the opening of this court yesterday morning, quite an ar- ray of prisoners were placed befare the bar for trial. numbering over thirty, consisting of black, white, and red, lame and blind, young and old, all awaiting their anxious fate from the court, which would either con- sign them toa much longer imprisonment, or turn them at large again to sin no more, (or more properly speaking to sinagain.) ‘The first prisoners called by the clerk for trial were four small boys, of good appear- ance, by the names of John McDermott, Wm. Moore, Julius Higgins, and George Morris, all’ charged with boing concerned in stealing a box of segars, valued at $3, a lamp, and other articles, belonging to Howard A, Baldwin. The court, after hearing the case, suspend- ed judgment, on consideration that their parents send thom out of the city. Elisa Bannin was noxt tried and found guilty of stealing a bracelet and some other small articles be- longing to Mrs, Elisa Price. She pleaded guilty, and was sont to the penitentiary for 30 days John Bradshaw was tried for an assault on officer ficer within fffteen days after his appointment, declares that the office shall be vacant. if the oath is not taken | within that time (1 R. 8. 122§ 34), but it doos not attach | the same penalty toa neglect to file the oath, The statute also declares that if any person shall execute any ofthe duties or functions of any office, without | having taken and subscribed the oath of oMee requir- ed by law. he shall be deomed guilty of a misdemonnor. (LR'S., 121, se0, 31.) But this penalty doos net apply | to a case of neglect to file the oath of office taken and subseribed by him. And in an anal when a statute required an oath to be tak | within fifteen days after his appointme ad no penalty in case of negleet to do se the office did not become vacant, although the oath was not taken till after the fifteen days had elapsed (Howland ys. Luce, 16 Johns, R, 135.) The conclusion to which I have come, is, that Corwin has established his title to the office of chief clerk to the Alms House Department, and that his application must be granted Surxeme Court, May 20,—Before Judge Edwards,— | Iupontaxt Decistox—Tur Ban.—J C. Devvis ade Dominick Mc Koan.—This js an application to strike the declaration in this cause from the files of the court, on Franklin, while in the discharge of his daty on the Battery, during ption of General Scott. The court found him guilty, and gave him 30 days impri- sonment in the city prison, in order to make him more careful in future The next prisoner called was an ugly looking black fellow by the name of James Johnson, with a flat head, flat nose, rather short, ornamented underneath with a vir otvery fine sausage shapedlips, The witness against him wasa large fleshy black woman calling herself Ph Ann Smith, who stated to the court that she was stab- bed or cut on the left arm in two places, one on the shoulder and the other near the elbow; and to satisfy the court that what she stated was true, she sudden! lowered her dress, and exhibited a large piece of biac! flesh, with » gash in it, which she said was done with a sheath knife, The court found him guilty, and gave him 6 months in the penitentiary, to assist in getting out stone. Ann Ernan was next tried for stealing four pairs of pantaloons, valued at cight dollars, the property of Sylveste The prisoner was & good-looking young woman of about cighteen yoars of ago, and of rather genteel apsearance. The © the prisoner to made up, for which work she was to commendable in a magistrate.) Some he sent to Black- receive twenty-five cents ach pair; but instead of | declaration is endorsed ‘A, W. Goff, attorney for plain- returning the same when finished, she carried them to the pawn-shop, and procured @ loan thereon, boing short of money to pay her board with. The court found her guilty; but before passing sentence, the Ke- corder remarked that It was a mere question of fact as tow larceny, and might be submitted to a jury; y they thought she ought to suffer some, ag such tricks were becoming altogether too numerous; therefore; as the court did not wish to inflict a heavy punishment, she was sentenced to 10 days imprisonment in the city prison, ‘The clerk next called Garrett Fitzsimmons, a slim little old Irishman, with grey hair and @ long chin, short nose and small eyes; and when before the bar kept himself moving up and down with intense ex- citement, like the walking beam of a small steam boat He was charged with beating his wife, Biddy, on the head, with his fist. The wife gave her testimony in few words respecting his violent ill-treatment, and no sooner finished than the prisoner set his walking beam in motion, and down went his chin and up went his nose, to the great amusement of all in Court, and fired am boat, saying—*And please the Coort, nd not me her; and here is my ac- she bate m | tion shall be at a general term thereof; and if such | count book, showing how I have been working, and | to be ,to tl this work wont kape me, #0 1 applied corporation for work, and |’ am promised work if [ was only out; and sure the corporation will | in course give me work; let her show her marks; she | has’nt a black spot about her. 1 can show mine; its her that beats me, indeed it is,” (laughter) pulling off his coat and exhibiting an arm resembling a negro’s, | all black, which proved to be the color of the shirt, through the want of soap and water; and pushing up | his shirt sleeve, he showed to the Court a large yellow | and blue looking bruise on his elbow, which he said was | given him by his wife, Biddy, while endeavoring to de- fend his head. Alderman Adams said, he had two chances to work for the corporation, both in and out, from his own statements; and the Court finding him guilty of the assault on his wife, the Recorder sen- tenced him to six months imprisonment in the peni- tentiary, in order to work for the Corporation. Several other cases of assaults and trifling cases of petit larcenies were summarily disposed of, and the Court adjourned. Common Puras, May 30—Before Judge Ingraham— | James Hart vs. David Traitel, et als.—This was an ac- tion of trespass, brought to recover damages for false imprisonment, and, also, for damage sustained by laintiff, in consequence of the illegal seizure and de- ention of certain property belonging to him, consist- ing of jewelry, gold watches, &o, It appeared that, on the 6th December last, the plaintiff, Hart, who was living at 100 Cedar street, in this city, was arrested by officers Wiley and Campbell, of the first ward, ax was alleged, on a false charge of felony—the defendant, ‘Traitel, and a party named wynski, having pointed out the plaintiff to the of- ficery, who wore impleaded in the suit, and caused the arrest. It was, also, put in, on part of the plaintiff, that his watch was taken ; that he was treated with much harshness, and taken before Justice Osborne,who immediately discharged him, there being no regular warrant issued in the case, and nothing to justify his detention, This, it appeared, was the ostensible cause of action; but, it was alleged, that a difflculty having occurred some time ago between Hart and Traitel, in England, these false charges were trumped up here, with view to procure the arrest of Hart, through a spirit of revengo—-the principal defendants, ‘Traitel and Syerwinski, having cen- spired to effect the arrest, as was alleged. The defend- ant Traitel introduced as witness,his brother; who tes- tified, on the part of the defence, that in October last the plaintiff called on his brother and got from him six gold watches and one gold chain on sale. to return ; that the plaintiff had remained, upon that eccasion, one hour with his brother. The defence further set up the ‘usual plea of “ probable cause.” | Verd iet for plaintiff, $100 damages and six cents costs, against de- fendants Traitel and Syerwinski; and in favor of de- fendunts Wylie and Campbell, the officers impleaded in the suit, Brown vs. Rodgers et al. ready noticed, rendered tit for $327 47. Before Judge Daly.—Charles Shultz vs. Hadd Whitlock.—This was an action of trespass for assault and battery. It appeared that on the 5th of August last, the plaintiff, who iy a yreen grocer, proceeded on board the steamboat Argo, in the North River, trom one of the wharves, with a view to purchase some voge- tables, &c., when he was assaulted and shoved off by the defendant, who also tore his shirt, and otherwise ill- treated him, The defence set up was, that plain- tiff forced his way on board the boat, notwithstand- ing that he was repeatedly cautioned not to come on board, where he forced himself forward; and, therefore, that he was 4 trespasser, and provoked the captain, Verdict for defendant. Partridge vs. Bowes.—'The jury in this ease, already noticed, rendered a verdict for the plaintiff for $2370. U. 8. Conmisstoxen’s Orrice, May 30—Before Com- missioner Morton.—Julius Smith, charged with a mu- tiny at sen, was yesterday examined, and committed ou charge of the captain of the American brig “H Kellock,” who also charged an attempt to assault with a dangerous weapon, It appeared in evidence, that on the last voyage of the brig from Boston to Sagua la Grande, on the 25th of March last, Smith was one of the crew; and on arriving at the port of destination, and after the brig had been riding at anchor for some time in the roadstead, at the latter place, on 5th May, 1848, Smith refused to work, and threatened to stab the captain and mate, having drawn and flourished his knife, threatening to take the lives of both. or of any person who would interfere with him. The evi- dence went further to show that prisoner was severely whipped with a “cat-o’nine-tails,”’ having received two dozen lashes, and that his back was shockingly man- gled. The prisoner was committed. Warrants on part of the prisoner were applied for, against the captain and mate, for cruel and unusual treatment, &e. ‘The cross charge, it is expected, will come up for examina- tion this forenoon, Court Carenpan—Tur 49, 51, 55, 57, 59, 63,65, 67, 52, 44, 46, 35, 64, 66, 16, 20, 22. e Police Intelligence. The business done by the police, yesterday, was of very trifling character, The whole number of arrests amounting to 58, of which 35 were for drunkenness; 9 for assault and battery; 7 for petit larceny; 4 for va. grancy, and 3 for insanity; besides hosts of lost chil- dren, 2 part of whom were restored to their parents,and the remainder sent to the Alms-House, The jury in this case, al- sealed verdict for the plain- Day—First Part— 77. Second part—Nos. Watch Returns.—The police court room, at the Tombs, presented quite an interesting appearance yes- terday morning. Vice and degradation were there to be seen, in every variety of form and shape, from the beardloss boy and maiden of sixteen, to the grey haired and hardened offender. The first one called up who elicited particular attention, was a buxom lass, of apparently about twenty summers, who was found on the Five Points on Sunday night, so much under the influence of liquor as to render her noisy, and dis- turbing the peace of that quiet neighborhood. Her whole demeanor presented a scene brought on only by a life ofinfamy and debauchery, though there wore evi- dent marks showing she had one possessed features and aform of no ordinary beauty. She importuned the judge forpardon of that, her first offence, most solemnly declaring that she would not be again caught in such bad company. The judge, after giving her a fatherly admonition, bid her to go to her home, promising her that when she was again brought up. he would give her a half year’s residence on Blackwell's Island. A ge- neral joafer, whose face is as common around the Tombs as the lamp post which stands before the door, by the name of Joha, alias Polly Parker, was brought up charged with being disorderly in the 6th ward ata. tion house, and making himself a nuisance. Polly de- nied the charge and defended his own case with such earnestness that he was also permitted to go his At this time a drunken colored woman outside the bar, in the pen where the criminals are generally seated, struck up the old song of Lucy Neal, which raised a general confusion, She was suddenly stopped in her carcer of hilarity, and sent to the dark cells of the prison The next one brought up was a man apparently about forty years of age, charged with disturbing the peace of the Battery, on Sunday evening, by preaching. On being asked what was his name, he replied, John Alexander White. Jvvar—Well, White, what were you preaching about on the Battery ? Whire—I was not preaching, sir; I was only reading in my book, when a fellow stepped up behind me and pulled a leaf out of it; but I do preach, and my autho- rity is from a heavier power than any in this world, and my title is John the Baptist. Jvvde—Will you leave the city if I let you go this time ? Write —I will, sir Washington as soon as | can find a conveyance, a place where my labors will be more fully appreciated He was then discharged. Five negroes, fresh from the coast of Africa, by the names of Jago, Benjo, Lambuala, Lindo and Yeman, ere then called up, charged with singing the war sollecting a great crowd ‘ound the ship Africa, near pier No. 3, East River hey were unable to speak a word of English, and therefore to question them upon the charge brought | against them would elicit no answer, The mate of | the ship stepped up. and told the Judge that they bi longed to an English ship, which would sail in a few days, and requested their discharge. promising that they should not again distarb the peace, whereupon they were given in his charge, They were of the real jet, black as the ace of spades, with all the African fea- | ‘tures prominently de and remarkably straig!it, and generally tall Matters and things before Justice Lothrop ‘Tombs yesterday (Saturday) morning, the po! presented a very motly gronp of male and female de- gradation, and a very full attendance, numbering be- tween 30 and 40 prisoners, consisting of some of the lowest grade of female vagrants, ornamented with black eyes, cut faces, filigreed over with dry streaks of blood—others finished off with large pouting lips, from the effects of blows received from some of their male Associates, presenting a very revolting sight to those who are unaccustomed to witnes# such seenes, The male portion of the prisoners were almost equally as miserable, although from the casual observer, the sympathy is never so great as it is to wit- ness ‘the degraded female, Justice Lothrop dis- josed of these unfortunate creatures with a kind cart, evincing a feeling of deep commisseration for his fellow creatures, whose misfortunes had brought oped, though well proportioned, At the Mi co the ground that it was placed there by s person who property, it appeared from the evidence, was given out them under his jurisdiction, (which fueling is y pe ee ee we Me RN ne ee Tne Le i ee ae ee ee Te It is my intention to go on to | well’s Island. ia order to restore them if pousible; - ers, who told the justice « very plausible tale, and pro- mised reformation, he let go, after # strict caution that if they were brought before him again, he should cer- tainly deal with them severely. A young man was then called up by the namy of James Riley, who was arrest. ed the night previous by officer Stowell, of the 4th ward, who found him drank and disorderly in the streets. On taking him to the station house, he abused all present, and when asked for hia name, said he was an Irish comedian, (possibly picking ap items for his next piece.) and said he didn’t care ad—n for any of them; that he lived noxt door to Justice Timpson, and they couldn’t lock him up. “Oh! said Justic Lothrop, “if that’s the case, he shall see J tice Timpson; and to be certain of the inte view, I will lock him up uutil the Justice comes. © Here, officer. is the commitment, take him down.” And down went the Irish come lian to the cell, where he will have ample time to study his part before the next act. The next prisoner was a blind sailor, called John Hiekok, who was found by officer Leeds, of the 4th , in the street drunk, The officer stated to the magistrate, that when he found him, he was quite drank in the street, and sbusing all ho came near him; and the only way he coaxed along was by saying he was going to give | him something to drink. In this way he staggered along, tapping the pavement as he went, until he came to the door of the station house, “Here,’’ said th» po- liceman, “we will go in here to get somethiag to drink.”’’ ‘The old saiior immediately tapped the s:oop with his stick, and said, “no you don’t; I shan’t go in here.’ Yes you will,” said the officer; but finding the policeman determined, he then abused the pollee- manand all hands in the station house. It appears the old tar had been in the ion house once before, one knew the stoop by the tap of his stick. He was sent jown. 4 City Intelligence. Wny Don’r 1 Puav?—This significant question was asked on Sunday by scores of persons, who left their homes and visited the Park, for the purpose of exam- ing the new marble basin, the neat and appropriate iron railing with which it is surrounded, the beautiful shrubbery and flowers that have been recently and tastefully planted within the enclosure, and sbove all to see the “Croton plume" rise atically from its iron bondage in the centre. Many, after wait- ing for hours, in vain, to see the sparkling wa- ter gush forth, were compelled to retire to their homes, dissatisfied with everything else, in conse- quence of their disappointment in not having seen that which they most longed to see ‘The city, at this sea- son of the year, is full of strangers, many of whom are from very distant places, and come amongst us but once in the course of their lives, naturally desirous to see the Park fountain, of which they may probably haveheard much. Have we not hed sufficient rain of late to afford us even a Sunday sprinkling? — If not, the Corporation would have done better by saving the cost ; for if water cannot be spared now, what are we to expect when New York is twice or evon thrice its present size? Efforts are now bei: made to have fountains erected in Tompkins an Stuyvesant squaros, also, on tho Battery; but we would enquire what is the use of placing fountains as orns- ments in our public squares, if water cannot be spared for them? It is to be hoped that the proper authorities a take the matter in handyand give it due considera- ion, Gnreexwoon Cr: TeRy,—It may not be generally known to residents of this city, or to strangers, that a line of very beautiful omnibuses has recently been tablished, ranning at short intervals from the Fulton ferry to Greenwood Cemetery. Mr. J. J. Hardy is tho enterprising proprietor of this line, and certainly merits all the patronage that can be given to him on this route; his drivers are good and his horses excellent, and every disposition appears to be felt to accommodate. Persons who may desire to enter the Cemetery grounds, are provided with tickets of admission upon enquiry of the drivers of this line. These omnibuses pass through Henry street to Atlantic, and thence through Court street, on their route to Greenwood. To strat ners or residents, a visit to these sacred grouns tT always interesting; the natural beauties of the place and the views of the surrounding scenery afford sub- jects of intense admiration. On one side we see Flat- bush, Flatlands, Bath, Coney Island, Rockaway, an@ the Ocean; onthe other, Staten Island, Jersey City, Hoboken, New York, Brooklyn and the Islands in the harbor. Perhaps nothing more interesting is offered in this world to gratify the taste of the lover of the beau- tiful and the grand in works of nature and of art. Muzzir tue Honses.—A young gentleman, by the name of George T. Broome, while passing along West street, near the foot of Morris street, about five o’clock yesterday afternoon, was severely bitten on the right arm, by a carman’s horse attached to cart No. 1,717. The owner, or driver, of the cart, on being re- minded of his duty to muzzle so vicious a horse as his evidently was, instead of expressing sny sympathy with the injured party, only raised a satirical laugh, which circumstance naturally incited Mr. B, to make the facts known at the proper quarters. Man kun over.—A man whose name was not ascer- tained, was knocked down and run over by ® wagon at the corner of the Sixth avenue and 28th street, and thereby so severely injured that it became necessary to send him to Bellevue Hospital. Fine.—About three o'clock yesterday afternoon, the roof of the Jewish Synagogue. in Elm street, was set on fire by sparks from the chimney of the gas house at the corner of Canal and Centre treet. But trifling damage was done. Rescvrn From Daownixc.—A man by the name of William Wright, on Monday night fell into the dock at the foot of Catharine street, and would have been drowned, but for the timely aid afforded by the hands from one of the ferry boats. Fatse Atan.—An alarm of fire was raised about six o'clock Inst evening, in consequence of some tar barrels having been set on fire in Little Green street. Emronant Anaivats.—The past four days are with- parallel, in tho number of emigrants that have arrived at this port from all parts of the old worl Fifteen to twenty vessels arrive daily, each averaging 200 passengers. Since Friday, up to last night, no few- er than 14,500 arrived, mostly in good health, and ma- ny in exeellont circumstances. The Scandian, @ ves- sel from Hamburg, brought a number of these people, who, it is stated, were In possession of more than $260,. 000, which was sent for the purpose of purchasing land in the western country for others that are yet to em- bark for America. Mexican Affairs, Di RTERS FROM THE AMERICAN ARMY. (From the New Orleans Picayune, May 21.) Since information was communicated to the goneral in-chief that plans were being concerted at Queretaro to induce dosertions, that officer has kept @ close look out for the agents in the plot; and the day before yer terday, May 3d, a monk of the Franciscan order, wh gives his name as Pascual Pastrana; aman named Es- talan Diaz, and some ten or twelve of the lower class of popilation, have been arrested for being parties to the design, Pastrana was caught in this manner: It was known that several deserters had been seduced by some persons living in the neighborhood of the Guadalu farite, and some confidential men were sent out in that direction with instructions to pretend they wished to desert and to feign drunkenness. The trap suc- ceeded admirably, and at tho first show Mr. Pastrana took the bait. Hy offered a liberal bounty to the men and sent for carriages to convey them to Guadalupe, which ison the road to Queretaro, In the passport he e the men, he signed himself Antonio Yriarte; con- uently the gentlemen is entitled to an alias, Since hia imprisonment numbers of the clergy have requested permission to communicate with him, but in vain, and n solitary confinement, Diaz was caught nearly im the same manner a Pastrana alias Yriarte Both have been examined before Major Galt, the Lieu- tenant Governor of the city; after # full examination he has committed them for trial before a couneil of war. ‘The others are yet to be examined A council of war has been appointed to try the pai ties accused of inducing desertions from the army.—N. 0. Picayune, May 22d. NAVAL INTELLIGENCE. U.S. ship Jamestown. sailed from Port Praya, Cape de Verds, 27th ult. for Madeira, vig United States ship of the line Obio sailed from Cal lao, March 25, for Mexico, the supply ship Matil from New York, via Valparaiso, having arrived at lao on the 18th The favorite United States frigate Constitution, (says | the Transcript) which has been in the dry dock, Charleston, since February last, was taken out of the dock on Saturday, having been thoroughly repaired from stem to stern. She is to be fitted for sea with all despatch, Her destination as yet is not known, Another Letter from Henry Clay. | B.Sim Like yourself, [am unable to antleipate the sults of either of the two great Conventions now nigh at hand; and from all [ hear, it is equally diffleult | at Washington to form «correct opinion. I learn that great heat and excitement exist among the members | of Congress. ‘ ’ ° he . [performed a reluctant duty in acyuiescing in the eubmission of my name to the consideration of the Philadelphia Convention. Whatever the issue may | we. [have thereby secured myself against all responsi- Dility and all just reproaches, and I shall be content. HENRY CLAY, Political Intelligence. RAKSPONDENCR, of late, much annoyed by letters from in quisitive gentlemen, who affect a great anxiety to know his opinions upon almost every question which hat ever arisen in the political or philosophical world. After the publication of the Allison letter, the old hero made a resolve that he would write no more letters, until the election was over, So, when he came to the city, he went round to the sanctum of Col. Hodge, of the Builetin, and giving him the manuscript of that jebrated epistle, requested him to strike off 2,000 eop- es, on good letter paper, which was promptly done by our onergetic contemporary, And now, whenever the old hero receives one of these catechetical epistles, with- out putting himself te the trouble of reading it through, he quietly sits down, folds up one of the Allison copies, and transmits it to his inquiring friend and corres. pondent, What is it Richelieu says ahout eking out the lion’s skin with the fox’s’ Old Rough and Ready is a perfect Lysander in cunning as weil as in courage. WN. 0. Delta, May 21, \ General Tay-