The New York Herald Newspaper, October 9, 1848, Page 1

THE NEW YORK HERALD. NO. 5241. MORNING EDITION THE GREAT TELEGRAPHIC WAR. Who Control: the Lightning Lines? IMPORTANT TO THE PUBLIC. ATLANTIC, LAKE, MISSISSIPI TELEGRAPH.—TO THE PEO OF THE UNION. ‘The telegraph ry«tem. though conducted by private enterprise, is 80 exs-ntially connected with the inter- ests of the whole con munity, that recent ciroum- stances may justify » brief address to the people of the Union, ‘rom one of their fellow-citizens, who con- structed some of the earlirst sections of Telegraph ever ereoted by individu»! exertion. and who has organized an extent of Telegraphic Lines greater than has been constructed by any and all other persons or companies in the United States. ‘The Legislature of Kentucky, with the purpose of re- pressing monopoly and encouraging salutary competi- tion in Telegraphivgy passed a law last winter, charter- ing the subscriber and his jates for constructing | the “People’s Line of Telegraph” between Louisville | For the purpose of enforcing more ‘monopoly doctrine, the Kentucky o mude a decree substantially resem- bling the previous resolution of Tennessee. cnncerning the rates of Telegraphage which should be charged within the respective States—which provisions were in the feilowing words : ‘Be it enacted, (by the Legislature of Ten: e@,) “That the act to incorporate the New Orleans and * Ohio Telegraph Compa: passed on the 18th of Oo- “ tober, 1847, sball bv so amended that said company “shall not charge higher rates in proportion to dis- “tanoer. than sre now charged on the Telegraph | “ Lines from Philadelphia to St. Louis, constructed by | “ Henry O'Reilly.” “ Beit further enacted, (by the Legislature of Ken- | “tucky,) That the rates of charging for Telegraphing ‘on the Lines of the two Companies hereby incorpor- | “ ated, (namely. the companies of S. FB. Morse and “his associates. and of Henry O'Reilly and his aasoci- “ater.] shall not exceed the rates charged by the | “ Western OReilly Lines’—[which latter Lines only | charged an average of less than half the rates charged | on the seaborad Lines of Morse, Smith & Kendall, be- | tween Boston and Washington.] In accordance with the charter of i ncorporatio with the encouraging expres sions of other States, subscriber and his associates have nearly comp! the whole line of Telegraph between Louisville and New Orleans—the posts being all erected on the direct route, with a branch line to Memphis—making a total thousand miles, of which about three- lready in working order, and the balance y wired for immediate operation. The Line is working at sundry points in Tennessee, Alabama, Miasatippl; apd-Loxisane. aa wellesin Kentucky. | ‘vbe portion of the line between Louisville and Nash- ville has been in operation for several months; and on it, and well asom all other sections of the Line, has been ured the new “Columbia Telegraph,” invented by | Zook & Barnes—with a confident belief that such use 8 no infringement of the rights of S. F. B. Morse or any other person—an opinion strengthened by the testimony of men eminent in law and science. ‘The District Judge (Monnor) has decided differently, however; and has ordered an injunction against the further use of that instrument on the line through Kentucky; declaring in court, among other things, that “ this is one of the cases in which competition cannot beallowed.”? The undersigned and his associates never intended any violation of private right, aud readily lay aside this instrument. in obedience to the mandate of the Judge—substitutivg for it, in Kentucky. other means of Seleazaphing, devised by American ingenuity. | But, while thus yielding obedience to the order of the District Judge, it ie proper to say that the correctness of that order will be tested not only before the Circuit Court next month, but also in the Supreme Court of the United States. It is due to the public to state that. although the name of Mr. Amos Kendali does not appear prominent- iy in this judicial examination, yet he is’one of the pereons most largely interested in repressivug competi- tion and demanding the monopoly. Mr. Kendall is the chief controller of Morse’s Patent. In his letter to me on the 18th of August, 1845, replying to my request copies of Morse’s Patents, to satisfy the inyuiries of my associates respecting the nature and validity of thoee documents, Mr. Kendall replied— “It is not in my power bere to furnish copies of the “papers you request; but I pledge myself to satisfy “any company you may form as to the validity of the « Patent, ke., before they commence operations There “js asecond patent, not yet pulished. in consequence “ of Professor Morse’s views in Europe, which is em- “braced in his conveyances. is vital to the wkole “goneern, and has upwards of thirteen years to run. “Even when the Pateuts expire, our companies “(should not the Telegraph become public property) “having possession of the lines, can readily keep off “ gj competion.” Tieate ot the progress of Telegraphic inventions in Europe. Professor Morse. at the time of his‘ successful experiment.”’ in 1837, earnestly enquires of the Com- missioner if he “ can evter a caveat against the Patent- “ ing of any Telegraph which shall be formed for com- “ municating intellizenc- ¢ Slectro-Magnet- i * ‘oyimeans of ism, or Volt**s electricity, or common electricity.” And asub> ® uent Patent Commissioner (Mr. Burke) is forced to admit that ‘ his (Morse’e] claim may be too general “ to stand the test in a court of law.”” Although the patentees of Morse's Telegraph craved public patronage originally under solemn pledges that their Lines should be ‘ open alike to all persons’’— “ the first come to be first served’’—“ without regard to « eex, wealth or station""—their monopolising policy is sufficiently exemplified in the denunciations uttered by Morse, Smith and Kendall, in Pennsyivania, in 2846, | and substantially reiterated by F.O J Smith, when de- | claring, in 1847, that the Boston and New York Line, | controlled by the Patentves. ‘‘ will not hereafter receive # from, and none for, any line of Telegraph not ed under the Letters Patent of Samuel F. B. | which denunciatory resolution was carried out, to quote their own language, by giving “ orders of non-intercourse with the O'Reilly Linen west of Phila- fact developed in the late investigation at Frankfort show that Morse’s Patents, evenif not judi- cially declared by future investigations to be utterly fraudulent, will be shortened one-third in their dura- tion— expiring in four years. instead of six. Indeed, from the first insidious schemes for govern- mental patronage, (when the log-rolling bargain was | secretly struck between Mr. Morse and F. 0. J Smith, then chairman of a congressional committee,which dis- interestedly recommended liberal appropriations.) | down to recent operatiens along with Mr. Amos Ken- dall for bolstering their monopoly by peculiar legisla- tion in Congress and sundry State Legislatures—the controllers of Morse’s patent have pursued a course unparalleled in the history of any project in art or science. The pretensions.of the controllers of Morse’s tele- graph have been examined by eminent counsel suffi- ciently to show that the patents are illegally issued— | though the undersigned has never pleaded, and never plead, the fraudulence of the patent as an excuse for avoiding the faithful fulfilment of contracts made under it—always willing to pay the share of stock re- uired for the use of Morse’s plan wherever it is used, ough resolutely repelling attempts of those gentiemen | to extort double price under «lleged forfeiture of the | contract which they repudiated—resol ved, that faith. Tersness on the part of others shall not cause us to | swerve from carrying out our agreements with that | ‘honor andgood faith which should form the bases of the | telegraphic system. All the lines constructed and organized under my Atrangements west of Buffalo and Pittsburg, were con- structed under the public declaration embodied tn my | contracta with stockholders and in my memorials to j sundry legislatures, to the following effect hat the public generally shall have ample guarantee for the best modes of telegraphing which American inge- nuity has yet devised, the right to use three different systems has been secured by me—to the end that no Jay or difficulty need ever occur from relying ex , elu rely on any one mode of telegraphing upon the | lines constructed through my agency Ipfluenced by these views and arrangements, the | public may rest assured of an early completion of the | remaining link of the line between Louirville and New Orleans ; and that, by some of the various telegraph systems devised by ingenious Americans, the whole ‘ne will be kept in steady operation. Whatever sys- | ‘tem or systems may be adopted, all that is asked of the public is @ fair trial ; and it will speedily be seen whether the thousand miles of telegraph south of Louis- oville are undeserving of @ share that confidence With which the American people have honored the ‘west lines constructed by the subscriber northward | the ne Cina; between “the Atlantic, the Lakes, an the Mississipp.. Thirty to Louievill and New Orleani and | the | ted | | 0, ths people of Kentucky thronged | er nt the doubl etary sohieved | ing over the celebrated Steam! lonopoly, teva wove the rapid current of the Mississipp!. If my aseailants have not utterly abandoned all faith in « omens,” the result of former efforts in monopolizing | steam for navigation, may be considered as resha- ‘Aowing the result of present attempts to“ keep off all | competition” in circulating the Lightning | through | Kentucky HENRY O'REILLY. Loursvitte, Sept. 12, 1848, WHAT IS PATENTABLE ? ow Heratos— To He Eorros OF T'omarks made by you on the T notice the editoria: TAN Saph,” in your naner of ast received by ime, a4 a0 no we shall disagree on any material point, when clei erstood. : Tages aa oe, teat ‘sno patent laws, no judicial | decisions, ean give any man ® right to the rxclusive | use and application of any general substance, or com- | mon clement of universal nature.” All that is pa- tentable, are new applications of general substances or common elements, conducive to the ends of human society, No man cx patent the exclusive use of fire, air, earth, waver, clects,\ity, magnetism, or any other | motive power of the electric current for the purpose | exclusive right to use? We think not. and if the: ject of Morse’s patents, or his rights under them. It | seems most extraordinary that in this enlightened age, any portion of the public.or of the press.can be bought by | theft ot their property ! b: the sub- | bbOWG De bol Mave Din rewacul ts be less eauicied to it, than the man who merely invents an imoroved machine? The one opens an entirely new field to his fellow. men; the other but improves the instruments by which oid fields are cultivated Most inventions are but improved means of arriving at old results; there are but few which give to the world entirely new results Hence the general im- pression, that patents can be for machines or pro- cerses merely, a8 most patents really are. It is but sel- dom that the world is astonished by @ new and won- derful result, combining philosophical deductions with mechanical ingenuity. which is the highest grade of tpyention. And shall the men who conceive and carry for the out to practical results, new and grand id benefit of their race, not be entitled to the tection for the fruits of their mental labor, as who im when ai roves a thimble or a door-knob? May they, tion, and expense, have rived of toil, pri and most valuable result, of their reward by any one who may devise method for accomplishing it? Can any man and supersede them by using a wheel more or a wheel less in the machine, a wedge inatead of spring instead of a lever? Such are not the views of the Patent Office in this country, nor in England; nor have such been the de- cisions of the courts in either country In both coun. | tries, patents are granted for new applications of known elements or principles, to new and useful ends, without any other regard to the machinery or process, than to see that some mode of accomplishing the new end is clearly pointed out. And the courts have deci- ded, that when this is done. the patent secures the end to the first inventor, and that no man ean de- prive him of it by any other means of arriving at the fame end, however inuch improved Improved pro- cesees may be patented; bnt they cannot be used without license from him who has clearly secured the en ‘The recent decision in Kentucky. is based on this settled prineiple, and assumes no new ground. Pro- fessor Morse does not claim the exclusive use of elec- tricity, or electro magnetism, for all the purposes, nor even for all telegraphic purposes. He only claims the dep di of marking down telegraphic rignr or letters, or pro- ducing sounds at any distenovs; and he proves that he was the first to conceive and acsomplish that ob- ject. The Patent Office have given hima patent for it, and the court of Kentucky bas sustained the pa- tent. In doing so, the judge has but conformed to principles effectively settled by the British courte, and Tecognised in the courts of the United States. Those ems to me, are based on principles of 8 well as the true construction of the patent laws, which promise to secure to every man, for a limited time, the fruits of his mental labor, when conducive to the interests of society. G. Ww. Friday, Sep. 22, 1848, THE PRINCIPLE OF MAGNETIC TELEGRAPHS. Mr. Eprron,—The general principle of the Magnetic, Telegraph is, alternately imparting to, and taking from, & piece of soft iron, the properties of Electro-Magne- tiem, by an application of the element, galvanic el ec- Tricity. ‘The time occupied by the iron, as an electro-mag- net. and the time in which the iron is deprived of electro: magnetism, are measures that may be, and are, by Morse and others, by mechanical contrivances, transferred to paper, in points, dots, spaces, &c., a8 symbols for figures, letters, and sentences, The particular mechanical contrivances for transfer- ring and registering the great principle. or measures of time, are. by the patent laws, exclusively the property of the inventors, But. can the element, galvanic electricity. or the principle, measures of time, be made the subjects of may be patented, it is very clear that Profesaor Morse is not the diecoverer of either the element or the principle. Professor Morse, when he first introduced the m netic telegraph, did not claim to be the discoverer of the principle or the element; he then claimed only the invention of the machiney by which the element and principle were made to subserve a practical use A full description of Professor Morse’s invention, written by C. F. Durant. forthe Journal of the meri- can Institute, for January, 1888, was copied into the New York Herald, on the 5th of September, inst. The description of Professor Morse’s machine. is preceded by an account of the element, and the general princi- ple, which are there described as “nothing new, so far as regards discovery by Professor Morse.” Professor Morse, on reading that article in 1838, said it was “very accurate, and the best deacription that had been published.” He cannot now claim to be the discoverer of the element, galvanic electricity, or of the general principle of transferring measures of time to paper. The courts will undoubtedly protect Mr. Morse’s dis- covery or invention, but they cannot prevent the general use of the element, galvanic electricity, or of the principle employed, electro-magnetism. In the recent case in the United States District Court of Kentucky, injunction was properly granted against the use ofa particular machine, the * Columbian,” “ be- osure.”’ says Judge Monroe, ‘the instrument exhibited by the defendants, in its structure and mode of opera- tion, violates the principles of Morse’s patent, and the process apd means described by Morse in his speci- fications.” See the Herald of the 19th inst The elementary principles of galvanic electricity, and electro-magnetiam, were known before Mr. Morse ‘was born, and they cannot constitute the basis of special grants. because, it 3 yest le of law. “that society cannot, by special grants, be deprived of that which it before possessed ’’ It is also @ principle of Jaw, “that a man who. by his invention produces a given result cannot claim that tesult. but must confine himself to his method of producing that result; for other methods of effecting the same end may be invented by others,and to confer a xpecial privilege on the first for the production of that result, would be to shut the door against the progress of inventions.” .. MORSE’S TELEGRAPH. To the Epitox oF THE Henann :— I wish to avail myself of your Gieposition to dojus- tice to all, by asking space for a few hasty remarks, called out by the extraordinary course pursued by seme individuale. and a portion of the press, upon the sub- any desire of attainin, a benefit, whether by a reduction telegraph charges. or any other, to show such an utter pa and disregard of the legal vested rights ef in- dividuals. and of the laws, as has been displayed of | inthis matter There isan excuse, however, | would fain believe. for much ofthis, in the want of familiarit: both in the public and among editors, and, indeed, among all but lawyers, who made the patent laws and their application, their study. There is no branch of the law less understood by the public, But there is, or ought to be, a sense of justice and an honorable re- gard for right, which should characterize the acts of all men; and on that! rely, when the clamor now raised shall have subsided, and the public mind can be ap- proached, to protect our most meritorious countryman, who has shed so much honor on the American name, from the interference of others, whether they come from Ireland, England, Germa: or originate in our own land. And I will here say afew words in regard to Mr. Henry O'Reilly, who now appeals to the public against ‘monopoiy.” and who, most absurdly. stepsin as a champion. to protect Prof ‘rs Henry & Jackon against poor, modest, Prof. Morse, He became arsociated with others in building @ line of telegraph between Philadelphia and Baltimore. He had previously obtained a contract from Messrs, Ken- dall & Smith, to form a company and build a line from Philadelphia to Pittsburgh. Lonieville, St. Louis, and thelakes That contract the patentees allege he has violated and suits are in progress to annul it, Mean- time, he has gone on at the West and built the lines, and, not content with that, has undertaken to go south of Louisville, to New Orleans, and in other directions not allowed by the contract, claiming at first the right to build Morse’s telegraph there, but failing in that, adopted a machine, the ‘Barnes & Zook instrument,’* which has since been enjoined by the United States Court for the Kentucky district. It is said now to be worked, net to write letters on paper, but to indicate them by sound; a subterfuge which cannot continue long. During all this time the whole West and South- west has heard of nothing but Mr. O'Reilly, the “en- terprising O'Reilly,” the “Napoleon of telegraphle en- terprise.”’ until people in that region absolutely believe that he is the inventor, owner, and creator of the tele- graph and everything pertaining to it. and the only man of enterprise in America Presses have been kept busy by him, and a constant uproar and excitement cre- ated for his benefit Morse and his claims have been treated with contempt, and the patent laws of the courts defied, Mr. O'Reilly, meantime, has grown to a great- ners such as no American has ever attained in that re gion. AtSt Louis agrand feté wasgiven him, when the line was completed to that point, at which speeches yere made and toaste’drank to his honor; but poor, modest, humble Professor Morse, who, it had been sup- ored, invented this great instrument, was not even Thought of or mentioned. Hosts of yeung gentlemen, employees in the various telegraph offices at the West, may now be seen, wearing in their shirt bosoms the miniature likeness of Henry O’Reilly, “the enter- prising,” as large as a small dinner plate, and his por- traits grace the walls of numerous offices and public houses, Scrip of the Western lines, with Henry O'Reiliey’s head engraved upon it, has also been is- sued. “A brigade of the gallant fellows’? who have built his lines, was offered by him to the President, to go to California At Nashyille, a grand entree was made in a four horse barouche, preceded by s band of music and banners, In all this, the aid of the press, | and tke ignoranes of the public of the merits of the | subject, fave given him @ short-lived success, most | astonishing, when we consider the rights of the mat- ter. Defeated at last, at the West, by the touch-stone of the Jaw, notwithstanding the most earnest efforts *»ood counrel and volumes of newspaper articles read Se tas testimony, he re, from the peo- pM ge ion Driven from his claim to use Morse’s le of this reg ts directly, @Dd enjoined against using | the -Cerumnble »* instrument, he now proposes to use Bain’ hich is not only entirely inefficient, Vann sapipered with More's, but which is both unpatented, | and hae been refused a patent here. because previously ‘ jorse tbe the first | invented by Mi clement or prinoiple of x ture 4y4n ME Re Me neaiin: | "Teeanmot be that the attempt that iamnow being made, to discover ite existence -Oion of any of those ele- | by assailing the character of Proferaor Morse, and the vent a new and useful applica. °"“sismont or princl- wholerale charges of fraud against the courts and the ments, or any previously unknow "4" point out a Patent Office, to enable this speculation to be onrria’ ple, which he may have discoverea, hi can be succeseful here; nor are the public long to Mode by which that application can by AUC, (hen ee on oe ei gross mis-atatements of Viorse’s claims may seoure, by patent, for fourteen yem “at specific His patents embrace “ claims to general principles of tive use of the element, or principle for tu ‘ae special means or machinery for have it upon'the highest authority, | operation, as well ting,” a J0ULO ibal apy Lelegrapy Of Huy dencripuoe aoa over recorded. signa, and the patent was tharefore granted him for the use of the motive power of magnetism for that purpore. The esrence of this is declared by Dr. Page. of the Patent Office, and there is no more unques- tionable authority, to be, ‘the recording or imprinting signas, in @ permanent manner, by means of the electro-magnetic power, whether by the ordinary elec- tro-magnet which Morse was the first to use, or by aay of the inferior electro-magnetic contrivances fur this se, The power called into action in all the cases is one and the same.” Morse may not have be the first to use electricity to communicate signals, but be was the first to suggest and employ electro. magopetirm to record signals, and to exhibit a succesful invention for that purpose, This is considered at the Patent Office a patentable principle It is a principle oftthe Patent Law. well: established, “that when an inventor hss discovered means of producing an entirely new result, and shows @ successful and he practicable mode of producing that result, may claim that result, however produced, claim also his own special mode.” Patents granted ip such cases for new and improved modes of effecting such result, but they cannot be used without permission ofthe patentee of the general principle or re- sult,—Moree's patente also give him the exclusive right to the machinery moved byjthe electro-maguet, for re- cording signals st a distance. They also give him the alphabet, consisting of dots and spaces, and horizon tallines. and no transposition of them can be used with- out violation of his rights. This is now attempted by O'Reilly and by others, but will soon be stopped. There is no telegraph now in operation in the United States, that does not violate one or another of Morse’s patents, Morre’s patent, dated April, 1846, and re-issued in 1848, secures him another principle or general feature,as well As special matter, viz :—The receiving magnet and its application to a local battery; and this is the most valu- able, perhaps, of all bis inventions. No new form of ele tro-magnet can be used in such a connexion forsuch purpore, without lability to Morse ; and the court h 80 decided = Moree’s patents have been recently su rendered, re-examined, and re-issued; and if anything had been found to have been improperly allowed, it would have been omitted in the re-issue. Such is the practice of the Patent Office. However lightly Mr. O'Reilly and others may think and speak of the intel- ligence and integrity of thejofficers of the Patent Office, it is well known that they are men of great science and experience, Dr. Page. the examiner, particularly, been there for many years, and probably under- stands the history of the dicoveries in electricity and electro-magnetiem, in this country and Europe, as well as any man living; and it will require something more than the rude slanders of speculators to shake the confidence of the public in him and his associates. The same may be said in reply to their charge of cor- ruption against Judge Monroe, of the U. 8 District Court of Kentucky. A man of more stern and pure Integrity, is not to be found in or out of Kentucky ; and his recent decision, in the face of the clamor of O'Reilly's presses, and of the genera’ excitement there, tends to prove the assertion. The publio will yet nee that the laws will protect Prof. Morse and all other in- ventors. JUSTICE Rallway Intelligence. Save anv Concord Rattroap —A charter was ob- tained last winter for a railroad from the Essex Rail- road, in South Danvers, to South Reading. It is pro- posed to make surveys and apply this winter for a continuation of the route from South Reading through Stoneham, East Woburn, New Bridge, Burlington, Billerica, and Bedford, to Fitchburg Railroad. at the Concord depot. This would makea direct communi- cation between the four great railroads running east, north, and west; the Eastern at Salem, the Boston and Maine at South Reading, the Boston and Lowell at East Woburn, and the Fitchburg at Concord. The advantages proposed by this route, are. as a long, through route ; the transportation of fish and other roducts of the sea shore from Salem and all down cast, to the Fitchburg Railroad; and consequently all up West, and vice versa; the transportation of flour and other western products to Salem and all down East, together with passengers going directly east or west along this route. The advantages as a lo- cal route would be in going from one railroad to the other directly across; to carry passengers from Stone- to Boston by either the Lowell or Maine road’; the tranrportation of passengers from New Bridge, Bur- lington and Billerica, to the Lowell road at East Wo- burn for Boston; and transportation of from Bedford to either the Lowell or Fite roads for Boston. Onto RacRoan anp PLaxk Roaps.—A letter dated Milan, O., Sept 29th, says both the Mad River (or Cin- cinnati,) and the Mansville Railroads are doing an im- mense amount of business. Since the 15th of August the receipt of wheat on the former road has averaged over 6,200 bushels per day. This road is soon to be relaid with heavy H rail to Mansfield ; and their ex- tension, (from Mansfield to Newark,) which will be finished about the first of next August. is being built with the same kind of rail. Plank roads are as fashion- able here in Milen as they are getting to be in Buffalo. Since I was here. fourteen months ago, two have been commenced, and one of them, called the Milan and Monroeville fourteen miles {n length—is com- pleted Tenmiles of the Milan and Ashland rond is completed, and the remainder will be done as fas! energy and enterprise com “put it through.” These roa2, are earning noout 40 per cent of their cost. They help very much to increase the market for rtaves, which ie, perhaps, the largest. for a place of 2,000 in- habitante: in the United States, The shipments of this article last year were 1.005,000. The number of bushels of wheat shipped, during the same time, was 906,575 ; of corn 898.200, and of oats 80,220. From there few items, you can form some estimate of busi- ness done here annually. N.Y. ano N. H. Rattroan.—The Bridgeport Stand- rd of yesterday, says that the New York and New Haven’road will be opened to New Haven on the 16th inst., and the trains of the Canal road will run through to Bridgeport, By the Ist of November. the road will be opened to Stamford. and on the 4th of December, it passengers burg rail- will be in running order between New Haven and | New York. Such is the present calculation, and we believe no disappointment is likely to occur in refer- ence to this matter, Mitwauxer ano Watertown Pian Roav.—We understand that $18,000 is already subscribed. But $2,000 more is absolutely needed, though, if the amount inereased to $25,000, we believe that it would in- sure a more,rapid completion of the road, Coat ror Locomorives.—The substitution of coal in our railroad locomotives for wood has been repeat- edly attempted, without mueh success, an engine has recently been constructed by Mr. Wi- pan, a celebrated locomotive builder, which promises to answer the purpose of enabling our railroad com- panies tosave the extra expense now incurred by the use of wood instead of the cheaper and more portable artiele, coal. Witton Raacan —The Amherst (N.H.) Cahinet understands that the Wilton railroad is so nearly completed, that it is intended to run the cars ther-on in the ccurse of a fortnight as fer as Dantforth’s corner in Armherst. which is within about three miles of the villages of Awherst and Milford. The Cabinet farther says, that the contention between Amherst and Mil- ford vilages for the terminus of this road, is ina fair way to be adjusted by running the road from Dan- forth’s corner to junction at the nearest equal ap- roximation to the villages of Amherst and Milford, to continued to either, or both, and beyond, as future exigences may demand and justify. Conconn ann Cranemont, N, H., Rattroan.—The Railroad Commissioners, in company with Mr. Adams, the chief engineer of the Concord and Claremont Rail- road. together with the president of said road, and most of the directors, passed over the entire rout from Concord to Claremont, last week» The comm sioners are of opinion that the public good requires road from Concord to Claremont. and 80 report to t governor and council. Mr. Adams, the engineer, giv it as his opinion, after carefully examining the rou that the road can be built very cheap, and that the local business on the route will pay the stockholders handsome dividends, The president and directors have full confidence that the road will pay as well as any other in N Hampshire. From statistics obtained in the town of Warner, it is ascertained that the business of that town alone will pay six per cent. om the cost of the road from Concord to that place The road will be put under contract from Concord to Brad- ford. a distance of 26 miles, on the 19th instant, when the work of construction will ‘be commenced.--New Hampshire Patriot, Oct. Wartentows ano Rowe Ratcroan,—Thia road, is likely to be made forthwith. ‘The whcle line was put under contract on the 26th ult., to a New England company, and $10,000 Eastern subscription for stook made at the same time. A subscription for stock in the Watertown and Rome road was started in thiscity last fall, but owing to the then growing stringency of the money market, and the uncertainty of legislative auction with respect to railroad corporations, the effort was abandoned for a‘ better time coming’ This has come, We have seen the report of the chief engineer of the said road, and are agreeably surprised at the an- ticipated dividend and cheapness of construction—the whole ninety-six miles costing no more than $1,250,000 to be paid in running order, We judge from the Di- rectors’ circular, accompanying the report, that but comparatively a trifing addition to their stock sub- scription will place the company in safe and easy cir- cumstances to proceed with the utmost speed to the completion of the road. New Ha ne and Vermont Ratinoans.—The New Ham Railroad Commissioners, in company with the Chief Engineer of the Concord and Claremont Railroad, the President and most of the Directors of the road, passed over the entire route, from Concord to c laremont, last week. The commissioners are of the opinion that the public good requires a road from Von cord to Claremont. and so report to the Governor and Council, The Sulll Railroad will be open to Wind- sor, connecting ‘itchburg and Cheshire with the Vermont Central and Passumpsic roads, as early asthe 15th of January next. It will be opened to Chariestown by the 15th of November. The rails on the second division of the Cheshire road will be opened to Bellows Falls about the first of January next, The Rutland road is to be opened to Chester, and perhaps to Lud- low, at the foot of the mountain, as soon as t shire in opened to Bellows Falls. The company has taken the Mount Holly summit sections into their own bands, and will push the work forward with all their ve nornen New Raiinoan.—The project of the Mobile and Ohio Railroad is earnestly urged in Alabama and tisewhere in the interior, and will, ne doubt, be prose- cuted, New Rartnros It is said that | pb —A 1ailroad between Bristol and -MONDAY, OCTOBER 9, 1848. AFFAIRS IN EURUPE. The Details of the Cambria’s News, RECEIVED BY THE MAILS. Lonvon, Friday, Sept. 22, 1818—8 P. M State of Trade in London and the Provinces—Do. mgs of the Cowrt—Britrsh and North American Steamers— Fears of the Cholera—Incendiary Fires Dividend. the departure of the Hermann, so I must confine this letter to topics of rather a trifling interest. As linformed you in my last, the trials of the old Bailey have commenced ; one chartist has been tried and found guilty ; another is now on his trial, and will doubtless meet with a similar fate. A throughout the country, and the Ashton Inquiry has eonyicted three persons for being concerned as principals in the murder of the policeman, This is the whole of our excitable intelligence, which you will perceive 1s not very formidable. Trade really seems to be looking upin some dis- trets, although the late events in Italy, the exten- sion of the cholera inthe Levant and other parts of the continent, the uncertain state of parties in France, and the still more unfavorable aspect of Ireland, act as a species of nightmare, tending heavily to depress our commercial system. think, in London, things are decidedly improving; yet in the provinces, a complaint is not unfrequent- ly heard. The most cheerless account that has reached me, is from Manchester. Money matters are on the decline in this town; a fact to be ac- counted for, I suppose, by the overgrown population ot the county. The mill report for the last week, too, is bad. | Of three cotton mills, work- 1 and two are sto in the report, th are now stopped. ped. Ofthe total works included ree prevocaly working full time Of the total hands included, (of in Nottinghamshire— Theatrical, Sporting, Ship” ping, and Monetary News—The Half Yearly Nothing very material has occurred here since few seditious stragglers have been laid hold of z last week full time, one 1s worktng short time, | which there are 513 fewer,) 573 fewer are working | full ime, and 57 more working short time. In the other parts of the county, the depression is not felt to the same extent. Transactions, it is very true, are limited, and speculation 1s a thing of old; yet, in spite of this, there n some places, a steady trade kept on. Large orders have come in from abroad, within the last few days, which will, I trust, keep the men engaged until we can turn ourselve round, and give better wages to the ope- ratives, whose remuneration necessarily has been reduced to meet the heavy and increasing expen- at Balmoral, in Scotland, where there has been a Tepetition of the gayeties and rejoicings already chromcled toyou. They mount high cliffs, shoot fat deer, give good dinners, and spend much money; so the touris of a very harmless nature, and will be sure to benefit some persons. The Duke and Duchess of Cambriage, the Queen's uncle and aunt, leave Buxton to-day, for Manches- ter They will consequently have an opportunity of examining the process of manufactures, and, what wall be still more important, the condition of some of their poorer fellow creatures, not by any means scarce in Manchester. Almost every one who could manage to sli away from town has run over to Bologne, to see the féte. Fraternity between "renchmen and Eng- lishmen appears now to be the order of the day. The directors of the Bologne and Amiens rail- way ask the directors of the Dover railway to dine with them at the Hoteldu Nord, the latter; nothing loth to have a holiday, cross the channel, and grow quite familiar with their gallic neighbors. ‘Then the Dover railroad people, not to be behind- hand 1m civility, offer the National Guard unusual advantages for taking a trip to London. Accord- ingly, our streets are swarming with these mil- taires, who are an object of much interest with soldier. much puzzled with the curiosities of London as the Londoners are about them. Therefore you may conclude that fraternization is going on apace be- tween the two countries. The entente cordrale 1s not forgotten, and most of the people seem pleased at the increased facilities of intercourse that are now afforded to travellers. The Britannia came into Liverpool on Wednes- of the arrival of the Niagara; and also that the Europa, on her outward voyage, had been seen off Cape Race. The Canada, now building at Glasgow, is nearly completed. Captain Judkins remains in town, to pilot her across the Atlantic on her first ee She jis described as a very magnificent ves- sel, and will be a good addition to the steam fleet of the Atlantic. The Alleghany (United States’ steamer) is occasioning a great deal of talk from the peculiarity of ile) le on which she is built. The manner in which aia 1s worked, as well as the arrangements she works under, are so curious, that our people are thinking whether she is not worth taking a lesson from, A very long account has reached us relative to the progress of Sir James Ross’s expedition 1m search of Sir John Franklin, with which, [ dare say, you are partially acquainted. As it comprises some elaborate details, | will forbear giving them, but merely state that they were last seen in the stream of Lancaster Sound, im Melville Bay, in- tending to proceed on their voyage of discovery immediately on the ice clearmg away. ‘The officers of the Liverpool garrison gave an | amateur performance, on Wednesday evening, for the benefit of the sufferers rescued from the Ocean Monarch, which produced. atter paying the ex- penses, upwards of one hundred pounds, The pieces were, “Charles the Second, or the Merry Monarch,” ‘and “The Unfinished Gentleman A very excellent engraving of the Ocean Monarch, when burning, has been taken from a sketch made by the Prince de Joinville, which is a source of good profit. The proceeds of the sale will be handed over to the sufferers. More bodies have been thrown ashore, though not so frequently us before. The diver is at work about the vessel. He goes down daily, but I have not yet had an ple easy of seeing his report. he people here are dreadfully frightened at the threatened approach of the cholera. Each day the newspapers teem with paragraphs conveying instructions how to prepare for the scourge, and how to treat it whenhere. That it has got nearer to us is very evident, but, from the peculiarity of our climate, I do not think we have much to fear. An order in council has been issued upon the sub- Ject, to the effect that should any vessel arrive at any of our ports infected with the disease, it is to | be detained in quarantine until the clothing and bedding of the infected persons shall have been | ummersed in water The words “ infected per- 8 comprise all persons who have died o cholera belonging to the vessel, either on shore or on boaid; and of jall who shall have been at- tacked ou the homeward voyage. ‘The order is very explicit on the subject, and is intended to be carried out. A very large meeting of the Man- chester and Liverpool icultural Association has just taken place at the former town, at which Lord Stanley made a long speech. It was the first meeting of the society, and was certainly a very magnificent one, bidding fair to take a fron’ place in exhibitions of the kind, which, from their necessary tendency to associate the noble- men with the farmers, are most valuable. They should be found in every agricultural county of every kingdom of the world. ithin the last few weeks incendiarism has risen to an alarming head in the provinces, par- ticularly in Nottinghamshire. No distinction 1s made with regard to the property destroyed, nor can any cause at present be assigned for the ma- licious act. Most active measures are on foot to detect the offenders, which, it 1s to be hoped, will be successful in suppressing so diabolical a system. campaign. Notices are in the daily newspapers, requesting the different performers to meet in their respective green-rooms. Rather a lively season is anticipated, as there 1s more competition than or- dinary. Mr. Wilson, the popular singer of Scotch songs, took his farewell benefit last evening, in Iexeter Hall. [tis his intention to proceed ona tour through the United States. He leaves Eng: land almost immediately. ‘ We have just completed a beautiful frigate of 1,400 tons, for the Emperor of Russia, She was built at the celebrated yard of Messrs. Ditchburn po Mare, at Blackwall, and is a magnificent craft. eight-pounders, and being intended for the Em- peror’s own use, is a perfect model. curious for the Ki im naval architecture, but such, | assure you, is the fact. The Irish newspaper, ‘* The Nation,” recentiy suppressed by order of the government, is about to be ushered into being, under the title of the “ The Natwonal.” This 1s a bold step tor Ireland to do ut the present time; vet we shail see what the go- ernment will do on tae matter, The Chronicle, Londoners who never have seen before a French | To say the truth, the Frenchmen are as | day, with twenty-eight passengers, bringing news | Her name is the Viademir; she carries Tt is rather ussians to come to us for lessons | ditures of some of the principal mill and factory | owners. | The Quegn and part of the royal family are still | | | | | | Bow been some days over due, | although buyers are unwilling to pay late rates, they | ofthe trade are not encouraging. and in some quarters a The theatres are about opening for their winter aseries of articles on ‘* delinquent borough: those in which the members have been conv of bribery. The list i be enormously long, lish nation. The Sarah Sands ischurtered by the govern- sted before it is concluded, will nd be no credit to the Eing- ment to carry “ ship letters to New York, on the 10th of October next. The Syria, from Montreal and Quebec, has arrived, with 4.948 barrels of 1s of peas, from flour, some bacon, and 1,800 bushels o the former port. ‘The Esther and Elizabeth have also come from the same ports, with similar car. 0e8. The sporting world are on the gut vive for the Cesarwitch stakes, to be run for shortly, Colonel Peel’s Palma 1s the favorite. The news trom abroad, and also from Ireland, not being of the most pacifie character, makes sa havoe with our money market. It is impossible to say, from one day to another, how secure it will Posrscrivt.—The Bank of England has just had the half-yearly meeting of the Court of Proprietors, 1n order to declare the rate of dividend. Some of the directors were in favor of a declaration of 3 per cent, free from income tax, but it was opposed by others, and finally agreed to decide the ques- tion by ballot in the course of a day or two. The French Republic. The following is a return of the Bank of France to the 2lst instant :—Assets, (including eash and | ingots) f 130,017,678 17; cash at the bank f.98, 362,379 ; treasury bonds to conrolidate, f. 6,997,270;— 643,961,021 17, ‘The return is more favorable, and shows an increase of cash on hands amounting to f, 5,172,063 96; and of cash in the bank, 2,484,009. On the whole they are satisfactory. Rumors are afloat here that General Bedau having re- covered of his wounds, will receive the appointment of Minister of the Interior, which M. Bastide had assumed adinterim The proclamation of Louis Bonaparte at the Hotel de Ville on Thursday. was hailed with great de- light, by the band of the National Guard striking up the well known air,‘ Feillon au Salut de’ Empire!" and a part of the crowd responded * Vive U’Empe- reur ! ‘ive Napoleon!” Italy. Late advices from Turin have come to hand, Genoa issaid to be in a state of open revolt against the go- Yernment, and a political society there, in whose hands is virtually the authority, has chose for its pre- TWO CENTS. Law Intelligence. Scruxmy Count, Genenat Term, October Tth. — Preeent. Justices Strong. McCoun, and Edwards—. Taylor et al. vs. Samuel Fleet,—The bill in cause was filed in the equity side of thé Supreme Cor toset aside a contract, on the ground of fraud an mistake. It appeared thet the complainant either leased or purchased from defendant, a s¢eip of landom Long Island, for the exelusive purpose of cultivating eurly cropsfor the New York market; after entering on the premises. and cultivating it fore year or he found it did not answer the pur for which was intended ; he then filed his bill, alleging that the defendant had frandulensly represented the land te be the best in the neighborhood for producing early crops, by which means he was induced to putchaee; and further alleging that there was « mi stak the contract, of which the complainant had no knowled, nor could he, from the nature of things, get inowiodgs of it. Upon these grounds, the bill prayed that tl contract might be deolared fraudulent and void. The case was beard at the May special term of the Supreme Court, and a decree pronounced in favor of the com- plainant. From that decree the defendant appesled, and the cause was argued at the Jul: general torm, and, a few days ago, the judgment of the court waa | pronounced by Mr. Justice Edwards as follows :—The Justice by whom the cause was decided, at the special term, held that the complainant was entitled to relief, on the ground of mistake. The bill, however, seeks relief upon the edditional ground of fraud, and the case Was pressed upon the argument, and must now be decided upon both the grounds taken in the bill The first question to be considered is, whether the sale was made upon false and fraudulent representations There was no dispute upon the argument as to the law upon the subject. and the question is entirely one of fact. The fraudulent representation alleged in the bill is, that the land was as early, if not eariler, tham any land en that part of Long Island The proof: the alleged fraudulent representation rests upon tl testimony of Henry A Ovington, the brother-i a and William H. Ovington, the nephew of the com- Plainant, each of whom professes to testify to the same oon tion. ‘The last named witness says, that the def t represented that the land in question was a8 varly as anyguthat could be obtained. The other witners says that the defendant stated there was no earlier land anywhere about, A question was raised upon the argument, what was the meaning of the representation testified to by William H, Oving- ton. On the one side, it was contended that it meant no more than that the land was as early as any that there was for sale, and that there was no proofthat there was any earlier land for sale. On the other hand, it was contended that the expression meant sident De Boni, a republican, and a friend of Mazzini. ‘This individual had been arrested, and carried off to the frontiers. and was received in triumph by the popu- lace. although his return was in spite of and defiance of the government. He had just issued a protestation, signed by him as president of the eoclety, which in the delegated powers conferred by the Kinz on General Durando are declared illegal and unconstitutional, and the General is set at defiance. Another society, called the National Sovicty, for promoting the Italian confederation, is formed at Turin. These two societies form the real power of the country. Naples. We stated on Saturday that the British and French commanders remonstrated against the mode of pro- ceeding adopted by the Neapolitans,and urged that as Geneial Filangieri had ample powers and forces at his command to carry the town at the point of the bayonet, and that to destroy it by fire wascruel, anda violation of the principles of all warfare. When the in- telligence of what was going on reached Naples, Ad- miral Bandin wrote to Admiral Parker, expressing his indignation at what had been done, and inviting Ad- miral Parker to co-operate with him in enforcing a sus- pension of hostilities on both sides, until instructions ould be obtained from their respective governments ‘Admiral Parker cheerfully agreed to this and the two admirals despatched orders to the respective captains, in accordance with this. and commanding them imm diately to fire upon the citadel if any further hoetili- ties should be carried on. At the date of our last ad- vices, Naples was quiet. The Queen Mother died on the 12th of Sept. The West Indies. The Wert India steam ship Teviot, on her outward | voyage. sustained some damage to her machinery, and et Bermuda, after having been overhauled, it was con- cluded to send her home to England for repairs, but await at Bermuda the arrival of the Severn, with the homeward mail from Havana, Mexico, &c. She has her arrival at Southampton has been looked for with great anxiety by the commercial public interested in that quarter of the world. Up to the hour at which we despatch this expres#, she is not reported to us by electric tele- graph as having reached that port. We received the accounts of her disaster from our correspondent at Bermuda, via. Halifax, by the Britanni Commercial Intellige Lonvon, Sept 23 —There was a large demand to-day for paper on Hamburg. and the rates were rather lower. For Holland and France, a good amount changed hands, at lower prices There was a good inquiry for Leghorn and Genoa, and higher prices were | parcel on Genoa commanded a consider- the highest price being 32. The business in the foreign market was to a good extent. Loxnon Monty Manket, Sept. 23—2 P. M.—Consols, for account, 86% # 86!, ; money, 864g a 86%. Loxpon Cons Manxer, Sept. 23—There is very | little passing in the grain trade to-day, but holders still manifest firmness in their operations; and | | are unable to make purchases of almost any article at cheaper prices than those current in the early part of the week. The demand fer American flour keeps steady, so that full prices are paid Indian cern is wanted for shipment to Ireland. Mancnesten Cony, Sept. 23.—Our market is steady’ the demand fair, and at late prices. Old wheat and flour support the quotations of last market day. The sam- ples of new, which are limited, are offered and pur- chased at lower prices. Mancuesten Goops anv Yann Manxer, Sept. 2 We are unable to report any improvement in our market either for goods or yarn Dulness and inac- il,and for all descriptions offered lower epted. The orders from continental uyers are limited, inasmuch as they are waiting the issue of political events abroad. At present the cur- rent rates for 40 inch shirtings, show a decline of 1! todd per piece during the present month. Yarns are also $d to 4d. cheaper for current numbers of water twist, whilst mule yarns.suitable for the India markets, are rather nominal in price. At present the prospects further decline is expected, ere there is a renewed acti- | vity or demand Liverroot Corrox Manner, Sept. 23, 2 P.M —-Our cot- ton market to-day remains very steady, and the prices of | yesterday remain unchanged. The sales will probabl. extend to about 8 000 bales, the chief portion of whic is te consuiners, Braprorn, Sept. 23.—There is a fair amount of bu- siness doing in this market. Fancy gooils, and goods partly composed of silk, are in request. In antici- | pation of injurious resulte arising from the proposed change in the German tariff, a deputation of our merchants and manufacturers have been appointed to wait upon the government, to explain to them the injurious results arising from this enactment to British manufactures. There is much firmness in prices. and | in some instances a slight advance has been obtained. | We have hardly anything doing in yarns. The makers of yarn-dyed and fancy woven cotton and | worsted fabrics, are fully employed to orders Norrincuam, Sept. 23.—Altogether the state of trade in this district is satisfactory. althougn the home demand is not so active as is wiual at this period of the year. In consequence of some rather extensive orders for lace for Germany and America, a number of additional machines have been set to work The de- maui for hosiery goods i on the whole satisfactory, both as regards shirts, drawers, and gloves Havnr, Sept. 21.—The reaction on our market for cotton and other American produce continues to-day. | The sales of cotton during the past two business days | are but small; prices are lower, and still have a down- ward tendency. The accounts from Paris, received | by every arrival. areof such seharacter as’ to throw | a great depression over all the commercial trans- | actions at this port. Breadstuffs are also lower. Hamevre.—Tbis morning's mails bring us later | advices. On the Bourse a good business was doing, and paper on London of a long date commanded im- proved rates, As there was @ scarcity of this desorip- tion of paper, short-dated bills were more freely offered, and a good amount was dispoxed of by this mail. Money was more abundant, snd good paper discounted | freely, Business generally wore an improved aspect. Brestav.—We have, this morning, advices from Breslau to the 18th, which report a good deal of ac- tivity in the wool markets there. There was assembled a large number of foreign buyers; and the sales | amounted, in a short time, to 1,200 lots, at good tices. In other commercial affairs, things wore an Riiproved appearance. Vienva.—A letter, und date of the 18th, to» London mercantile houre, states that the funds wear improved appe nd promise further to pension of the war in Lombardy has given a better tone to business, and relieved the bank from the pressure of the drafts on it for specie. Nortuern Lieut.—A curious exhibition ot | northern light was noticed at this place last evening. A stream of light was observed at 9 P. M. rising from @ point inthe horizon about 8 or 10 degrees north of east, and extending to the westward of the meridian. parsing some three or four degress north of the zenith. It was at thet time convex towards the south, where it passed through Perse Algol. The whole arch moved at the rate of about a degree, in a minute of time, towards the south, over Cassiopea, Taurus, Ko. ; at this time it was convex towards the zenith, and at 9h. 33m. its southern ed was in contact with the star. At 9h. 41m. 308., the interior side came in coatact with the star Fomathaut, then pear the meridian. At 9h. 52m, the apex of the arch was about three degrees below Fomathaut. The arance of this phenomenon was net that of cirrus cloud, but evidently of northern light. It wasa broad at the oastern horizon, and three or four when | 6 zenith ; and it constantly preserved the same it of intersection at the horizon eastwardiy, and at bh. 15m o A secondary bow, of less regular and definite pe u 4 parallel | producing early crops. | nion that the decree made at the special term should ided very well with the magnetic prime | that the land was as’ early as aay on that part of t island. It ix not necessary, with the view | have of the question, to decide which is the proper me: to be given to this representation, ‘To say the least of it, the meaning is ambiguous. There is some, though less, ambiguity as tothe meaning ofthe repre- sentation tentified to by Henry A. Ovington, It will be remarked, that while these witnesses both testify to the same conversation. they not only differ from each other, but each differs from the allegations contained in the bill of complaint. Now, adopting the elevated rule of morality whigh is laid down in the case of Dog- gett vs. Emmons (2d Story, 473), and which was relied upon by the justice who decided the case at the special term, and assuming it to be, as it undoubtedly is, = clear principle of equity that there should be“ the most scrupulous good faith and exalted honesty in any representation made by a vendor asan inducement to the sale,” still there is another principle of law equally well settled, that when fraud is charged, it must be clearly and fully substantiated by proof—" Dolum non nisi perspieuis induciis probari convenit”—(1 Pothiee on Oblig. by Evans, p. 19 or 80)—1 Story, Equ. Jurisp., 104. Where there is ambiguity in the meaning of the expression used, how can it be sald with certaint: that the representation is either false or fraudulent’ and, a fortiori, how oan fraud be imputed when there is discrepancy und uncertainty in the proof itself. But, irrerpective of this, and even if it should be ad- mitted that the repressntations alleged In tho bill have been substantially proved, still it seems to me that the testimony doos not establish a case of bad faith on the part of the defendant. The next ground on which complainant seeks rolief in, that there was a mutual mistake as to = material fact, Toscertain extent, the same objection takem to the insufficiency of the proof to sustain the alle- gation of fraud, will apply to the testimony which is relied upon to sustain the allegation ofa mistake. But for other rearons, | think that the complainant has failed to make out acase which entitled him to relief on this ground, To entitle a party to relief in a court of equity, on the ground of mistake, in a case free from fraud, the mistake must be—1. As to the material fact constituting the very essence and condition of the contract, 2. The mistake must be as to a fact of such a nature, that the party could not by reasonable diligence get knowledge of it when put upon in- quiry, (Ist Story’s Equi. Juriep, s. 146) The fact im reference to which the complainant alleges that he was mistaken in this case, was a peculiar quality of the soll, which would enbance the value of the land im question for « particular purpose, but which could have no influence upon its value for other or general purposes ; a quality, which, as appears by the testi- mony, belonged only toa very small strip of land upon that part of Long Island, uni which would be affected in some measure by the nature of the season, and the method of cultivation adopted. It might admit lof doubt, whether this fy 8 fact of such a character that @ court of equity could say with certainty, that had there been full knowledge on the part of the com- plainant, he never would have entered into the con- It appears by the testimony, that the land im tion was capable of producing early crops; and it 0 say the least, questionable whether the com- Jainant is entitled to relief, because it did not fulfil is very eanguine expectations in producing the earliest crops that could be produced in that part of Long Island. The remaining question to be con- sidered is. whether the fact In reference to which the compisinant alleges that he was mistaken, is not one ot which he might have obtained knowledge by reasonable diligence, If it is, it is a fact in reference to which » court’ of equity will suppose that he must have had know- ledge or, as is expressed in the rule of the olvil law, which is cited with approbation by Justice Story, knowledge will be imputed to him qui eam rem deli genter inquivendo notam habere possit. (Story's Equi. Jurip,,s, 140, note 2 Dig. Lib. tit, 61,9, 8, 2, Pothler and Lib 22.tit 6,» 4.11) A. court of equity ro- fuses {ts aid to those who, by their owm negligence, and by that alone, have incurred the loss, or may suf- fer the inconvenience. —(Ibid.) In this ‘cace, if the complainant had considered {i so essential to ascertaim whether there was any land upon that part of Long Island capable of producing earlier fruits or vegetables, he could easily have informed himself; but it that, instead of using any means to do so, when he in- quired of Mr Benrin, who owned land in the neigh- Dorhood, as to the value of the land in question, he did not even muke the inquiry ax to ite quality for With these views, I am of opi- quer! it be reversed, with costs. Surenion Count, Oct. 7.—In Baneo —Decrsions. Willoughby ads. Brooklyn Bank Motion denied. Hurthut ads. The Bank of Charleston; Same ade. LeRoy W. Wily,--Motion for decision to examine wit- nesses granted, with stay of proceedings in the first cause “Anderson vs. Watson. Order at Chambers set aside. Strang adsm. Stevens et al-Motion for = mew trial denied. - Bell vs Quin — Judgment for defendant Wheeler adym. De Peyster et al.-Motion for s new trial denied Waterbury adem. Anderson.--Motion for # mew trial denied Sandford vs. Conant.—Judgment of non-suit Haggadron, plaintiff in error, vs. Shelly, defendant iw error. —Judgment affirmed Satterlee, plaintiff in error, vs Judgment reversed: Moss vs. Livingston Judgment for plaintiff. Eanciration IN Kenrucky.--A correspondent writing from Frankfort. to the Louisville (Ky.) Cow rier, says:—*That the election being over, and it hav ing become a ‘fixed fact’ that they are to have a con vention to form a new constitution, the gradual eman cipation of siaves seems to be the all-absorbigg quee tion; and from all he can learn from persons who live in different portions of the State. that will be the great question next simmer in the election of members of the convention. and that those in favor of gradual emancipation will not urge that the present genera- tion of slaves are to be made free, but that all born after some period to be fixed, say 1855 or '60, should be free at the age of 25 years, He also says that four-fifths of the voters of Kentucky are non-slaveholders, and that the presumption may be indulged by those in favor of gradual emancipation. that » majority of the members of the convention will be in favor of their peculiar Fraser notions. The great body of foreigners who support themselves by daily labor may be counted in op; tion to slavery, and in favor of gradual emancipation.’* Catwoiic Free Senoors in Crnewnnatt.—We find the following statistics 1n an article in the Catholic Telegraph, upon the Catholic Free Schools of thiscity:-The number of children attending these schools is 2,007, The scholars are distributed in the following order: St. Peter's (Cathedral) 202 Trinity, 800; St. de 650; St. John’s, 500 Joseph's, 210 ; St Michael's, 70 ; St. Philomens, 1 St. Xavier. 486; Christ Church. 80, This number i aH thinks «welled to upwards of three thousand by the children atcending the free schools attached to the Orphan Asylum and the Convents. It also mentions that there are free schools attached to the Catholio Churches in Covington and Newport, h are attended by nearly three hundred pupils, The first class of free rehool ed, appear to ree, Kach pupil pays 25 cents pei makes the school revenue derived from tl dren, $7,821.— Cincinnati Despatch, Sept, 30. Odds and Ends. Michigan city is without a public sohool-house. A Jewish synagogue was consecrated at St. Louis, the 29th ult. The Winchester Virginian says that numbers of emi- rants are passing threugh that place, on their way te ‘estern and Northwestern Virginia, The ee ee of Hezekiah Steele, at Hudson, wae destroyed by fire oa the night of the insta: The Rochester Democrat states that the case of the Farmers’ Loam and Trast nd others, vs. Charles H Carroll and others, has om argument aimed, appear to be before Supreme Court for the last two ebably continue through the whole