The New York Herald Newspaper, February 21, 1851, Page 7

‘California, which will be of interest on the Atlantic side. On the 6th instant, the Legislature assembled et Ber ay Goes the democrats are in ~ ‘ascendanc: e Senate, parties are very nearly Janced on joint ballet; and it is jutely impossible te say when the Senator, who is to be the colleague of Mr. , after Mr. Fremont’s term have ex- pies, Biuce. It will be seen by our columns, that the Hon. John Bigler, (dem.) was elected Speaker of the House on first ballot. by an overwhel! ‘This steamer will probabl:; resignation of our present Governor, t of stice thus fer, that has been ee tired enure of office thus 5 Ly forced to neglest, to # considerable extent, his Paris affairs. It is in justice, therefore, to himeelf aud fami- Jy, that he leaves the high post of honor to which our citizens raised him, in Nov. 1849. He wi cording to our constitution, for two y: Semaiuder of his term will, of course, be ser our present Lieutenant Governor, the Hi McDougal. the last two months, there has been a fearful increase of crime, throughout the entire length and breadth of our State. Althor peries have been. opmeumcaaie of outrage. We may, however, expect at any mo: to hear of frequent highway robberies and murders our streets, for thi 10 qoution that well organ- ised bandas of lawl jut throats are carrying en ing their out Tam 0) upity offers. Itis with difficulty, niet our cities and larg J the inhabitants of are restrained from re- turning to that promp and efficacious mode of sup- crime, knownas lynch law. However to be jored such a state ef thiags might be, there can be fg that, at in during 1849, while it was the law of fornia, no land.was freer from orime and outrage tham our own. In several cases recently, individuals have been lynched in the mines by the enraged in- habitants. In one case, while the prisoner was in charge of the Bheriff. the officer ofthe law was violentl: thrust aside, a noose was threwn around the neck o' the prisoner, and he was dragged bodily, by a large crowd of men, up a hill. where he was promptly hang upon the nearest tree Extended plans for stealing horses and cattle—running them off from a rauch, or from one town to another, and selling them —are in successful operation. and it iseasy to see that im- menee fortunes are thus being realized, THE (QUICKSILVER MINES. : [From the Paciflo News} It is very generally known that quicksilver mines have been worked to some extent, for many years, in California; but until since the discoveries of gold, but little attention has been bestowed upon them. For some moaths past, quicksilver has been offered an our market, known as coming from the New Almaden mines. The principal mines in California are the Gauda- lupe and NewAlmaden, and are situated in the same neighborhood, some four miles distant from each other, These mines are about eight miles from San Jose, and can be reached by a good road at all seasons of the year We are told that the mines are now worked ex- tensively, the produce amounting to several mil- lions of dollars the present seasop, and that the i from the ore is almost past belief. Highty- vente cent of pure mercury is not aa uucommon yield. Quicksilver, in working the silver mines of Mexico and South America, has heretofore been required in large quantities, but its high price has tended to stop the working of mane productive mines; but it is believed that the California quick- silver mines will, when fairly opened, furnish a supply sufficient to induce operations throughout Mexico and South America upon an extensive scale. The silver mines which have been aban- doned, will, it is presumed, be re-opened, and with profit to the owners. Quicksilver can be furnished at one haif the price for which it has usually been sold, and still leave a large profit for those who work the California mines, if we have been inform- ed correctly. This wili at once open tocommerce the silver mines which have been closed; aud, in addition to the gold mines of California, we shall shall have, from another source, the means to stimulate the commerce which is growing up on ihe Pacific coast. Very Late from Oregon. [From the Alta Valifornia, Ja. 15.) The steamship Gold Hunter arrived yesterd noon from Volumbia river, bringing full fil Spectator, Oregonian, aad the Western Star, down toa vey late date. xplosion of a gua, eeel started from her plied to the Legiela- “ti ‘he citizens of Portland hi ture fo: ‘ter to inocrporate toat city. The Li ture have made a report, which is pub- ebed, upon the subject of the Cayuse war claims. It Sato be forwarded to the House of Representatives at | Washington. The newspapers are vociferous in their denuncia tious of gambliog. The editor of the Oregonian hal Deen threatened by the fraternity into aa apology. The Masonic fraternity celebrated Bt John’s Day at Portland A grand temperance ball took plase at Portland o the ict tort. The Oregonian gives an enthusiastic account of th first clearance from Oregon to Ubioa, The brig Emma Preston was tohave salied from Portland for Canton on ‘the @et Deo. Floatiog docks and wharves were in course of oon- struction at Porvisad Av immense bridge had been completed aoross the North York of Yam Hill River. Lt meavares 406 feet im length and 50 feet above low water mark. The donation or grant bill bad become s law. ther in Oregon is represeuted to by unusually pleasant : The larger portion of the steamer Gold Hanter has Deen purchased by citizens of Portland, and is to be run hereafter regularly. twice a month betwoen that lace and Ban Francisco Capt T. A Hall, late of the rk Ocean Bird, of this town, has gone out as her com- wander. Capt. M Simmons, of Olympia, near Paget's Sound, called on watheotherday. He says the report of coal having been found in the neighborhood is tras; and an excellent article it is, for all the purposes tor which coal ie used fell to the depth of two or (hres inches, ia this ,on Thuteday night Por several nights pre: he weather had been freeziag eold—to» form- inch thick. A friend at our elbow states cold weathe MARRIED, ¥7. by Eequire Roark, Il of Clackamas county, Nov the Peace in Ip Portland. De y Owkna to Mins 4 both of Yambill, In Portland Deo 16, by J.B. Butler, Beq, Mantis Giieman to Mies Sanam 0 Howeer. DIED, At Portland, Oregon, Lous Tisoace, of New York, aged 40 yea At Byracuse, Lyn Tro- county, Oregon, om the 11th day Cf October last, Bl Hill, formerly of Mendon, Wor- cester county, Mase, inthe 36th year of bis age. He bas jeft a wife and fourchildren. Coat at Prexr’s Sounp.—The Washi mn Re- predlic, ot the 15th inet , save:—A few weeks since ® epecimen of recently discovered on Paget's Sound, was forwarded to the Secretary of the Navy, with the request, in view of the immense importance of thie article to our Paeific steam marine, that he would cause it to be analyzed. The gentleman who forwarded the specimen to the department states that it was selected indiecrimi- nately trem a considerable quaatity lying on the ground, which had been dug up from within three jeet of the surface ; thatthe various v have a cousiderable dip towards the near hills and mow tains on the weet; thus there ry indication of its existence in great quantiti and that itis of easy access from a harbor, in which vessels of an eiz¢ Tay anchor, in water ae plecid as 4 mill pond. The soecimen was submitted to Professor Joha- #00, and (he report which follows presenta the re- eult of hia analysis :— Wasnivoros, Feb. 11, 1851. Commodore Dean Sin cuble feet of epace to iNent inetre wholly free Tt ts compored of vo! Fixed carbon. . , Barthy matier. , wone grosston It from liability te soil. cent. 100. * ue flame ceases. the ooke burns with d leaves a light brick red or deep in coal soaroely Increnses in balk, bas giotinate. aod, consequently, pre- pee fire, burning freely, and does not cov iteelt with ashes to sueh a decree as materially to ob- the com! fon 1 suspect the specimen seat fo have beon take from Lear the out ero Tf 90, we may reasonably oxpect that. whe under greater covering. the amount of ill nat ge given out will be greater than was shown by tl specimen. The coal seems to be nearly free from eulphar. The Fatio of ite fixed to Ite volatile combustibie matter is 14 to 1, aad, wader a well constructed boiler, ought to Produce from seven and shelf te eight ands heif pounds of steam from 212° to one of coal bureed, Bopes respectially, WALTS! The Prespests of Cotton—Stock in Great iverpool furnish the anoual statement of the cotton trade for the past year in Great Bntain. On the whole, we think they justify, mot only the maintenance of the pre- gent in this country, but promise an advance. The import inte the United seri of bales, against 1,500,000 the previous ye: crease of but 76,000 bales. The expo 272,000 bales against 254,000 the previous year, be- ge an excess of 18,000 bales. Taking the con- sumption and exports together, the difference be- tween the two years is but 50,000 bales. This re- sult is highly favorable to the growers of cotton, and is arm effectual answer to the dismal fore- bodings and unfounded conclusions of many on either side of the Atlantic, that any conmderable vance in prices would materially reduce the con- sumption, and prove disastrous to the manufac- turing interests. The fact, however, has been established, that at en advanced range of prices, averaged for the past year 50 per cent over those of 1849, the consumption of Great Britain has fallen off but three percent! andthe manufacturing interests were never more prosperous. The past history of cotton shqws that an advance of price to &hd., has never materially affected consumption. 1p entering into any consideration of the future prospects of cotton, the stock on is an impor- tant element, and we regret to say that we have no faith in the accuracy of the recent report of the stock on hand in Great Britain, on the let of Jan- uary last. On the contrary, we cannot but believe that it has been intentionally over-stated, and that, for the purpose of unfavorably influencing prices in thiscountry. It is not the first time that such a fame has been played. On the Ist of Jannary, S50, @ professed recount of stock added 96,000 bales to the previous eatimat This discovery of a cheap remedy for short crops bears date January 1, 1850, and the success of the first experiment hag, doubtless, prompted its repetition. lace the year 1816, the estimates of stocks at the close of the year have always been made up from the regu- lar weekly market reports, and their accuracy has never before been questioned; probably because the anticipation of a short supply had never before been sufficiently vivid to arouse the inventive fa- culty of the British manufacturers, But the ap- prehension of an insufficient supply for the last two years has been co urgent, and the interests imvolved so great, that the old established and hitherto unimpeached mode of estimating stock sudde: found not to answer the purpose; is ide, and a method substituted by which any anticipated diminution of supply is compensa- i by an exaggerated estimate of the quantity on and. At the close of 1449, 20 confident was the belief that the general estimate of the stock would show a large reduction, that it preduced a tendency of prices to a rapid advance and a buoyant market, when, lo! to the amezement of every one, the dis- covery was made in Liverpool that there was the small item of 100,000 bales snugly stowed away, and of whose existerce the whole mercantile world was profourdly ignorant. Accordingly, the stock was amplified from 459,000 to 559,000 bales, and prices immediately declined on both sides of the Atlantic. Again, at the close of the year just terminated, with serious apprebensions of a short supply from this country, and prices advancing, the estimated stock, as deducible from the weekly re- ports, 18 feund not to answer the purpose of the manufacturers. Another little item of 75,000 bales is disclosed, of whose existence, as before, no one had a suspicion. The stock, by this remarkable discovery, is again raised from 460,000 bales to 535,000, and again prices are checked and the morket depressed. Now, we appeal to the common sense of every intelligent merchant and planter, if any faith is to be placed in these statements. Can it be believed that there existed at the cloze of 1849, in the Liverpool market, 100,000 bales, over one- fifth of the supposed entire stock on hand, an amount calculated to have such an important bearing on the market and on prices, and all knowledge or suspicion of it to have escaped the vigilance of importers and dealers, and sull more ot the whole body of shrewd and watchful specu- Jators, who operated in that siagle year to the heavy amount of 870,000 bales? Again, afier so severe a lesson, is 1¢ conceivable that an error of a similar character, to the amount of 75,000 bales in the stock of 1851, should be allowed to creepin undetected by the same class, nerved to redoubled vigilance by tne sharp experience of the past, ond the magnitude of the interests they had at stake, for during this very year speculators had operated to the extent of 790,000 bales. Is it not fair to conclude that these most opportune dis- coveries have been merely tricks of the trade, by which the pressure consequent upon a short supply might be alleviated, and the necessities of the con- sumer covered with a specious veil? The effect of such developement is necessarily sudden, as well #8 injurious, and under the influence of the panic so produced, the agents of the manufacturers seize the opportunity to supply their wants. We do not, therefore, believe that there was any such stock of cotton in Great Britain on the first of aay he as 525,000 bales; and deducting these strangely disco- vered quantities of 100,000 and ,75000 bales, ia whose existence we have not the slightest confi- dence, the actual stock would be but $75,000 bales. The decta m of such a stock would have caused pees in this country, on legitimate greunds, to advance to 16 ceuts, and even higher. It may be thought illiberal to make such imputa- tions, but it is net the first time that the producing interests of this country have been defrauded by 4 deliberate and systematic misrepresentation of facts. Witness the accounts sent out to this coun- try in 1846, emanating from high commercial sources, and seconded by influential journals, of the condition ot their provision crops, which were represented (o be so abundant as to render it im- probable that any supply of breadstufls from this country would be needed; and this when the crop in Great Britain had sgnally failed, and the pros- pect of famine was ing themia the face. Bat their object was attained In consequence of these delusive accounts, prices fell in this country, and farmers hurried their produce to market, for fear of etill lower rates. Inthe meantime agents, de- spatched acroes the Atlaatic by British capitalists, traversed the whole country, making large pur- chases, end the farmer was thus defrauded of the produce of his labor. Let the cotton growers take wi hey also be misled by similar misre- tations, and be victimized fer the benefit of the Manchester spinners. But grenting that the stock of all kinds of cotton in great Britain be as is stated in the revised esti- mates, still the prospects of American cotton, though somewhat inthuenced by are not altoge- ther dependent upon it, and are not such as to jus tify the reduction of present rates at least, and planters should not, in our opinion, on the strength of the recent advices, submit to amy material re- duction. The import of American cotton into Great Bri- tain during the year j closed, was 1,184,000 bales; her consumpuon export, 1,230,000 bales; or 54,000 bales more than the inport. Her stock, though 75,000 bales more of this year’s received than in 1849, is, nevertheless, di by 40,000 bales. ** The stocks of cotton, too, at all the ports in the world, are considerably less that they were last year.” Ourcrop this year, IS 5 in all probability, will not exceed 2,150,000 bales, and every bale of thie will be consumed, and more willbe wanted. The stoeks in France and on the continent, are small. These markets will require #800 000 bales; the consumption of this country will require 500,000 bales; and, with these deductions, where will Great Britain obtsin a supply equal to her consumption of the pa Could the deal- ers and cotton growers this country withhold supplies for three moathe, thus compel her to prove her stocks by working them up, we cannot doubt that the price of cotton would advance much jo ty the present rates. Planters should not lightly yield the power they now have of dic- tating fair terms. There is everything to w there will be a consumption thie year equal to the entire crop, even though it amount to 2,300,000 bales, and that there is no sufficient cause for prices lower than the present Trade, both abroed and at home, ia in a highly prosperous con- dition, food abundant. The on prices; and, unless some political intervene, all circumstances concur in promising a prosperous year to the cotton growing inereat. Tre Fresnet in tue Hupson River.—The Al- bany Journal of the 12th inst. saye:—During last night the river continued to rise quite moderately, bat this morning, between 9 and 10 o’ctock, it took a eudden start, |. in the short ce of five mi- nutes, it rose upward of a foot. This was caused | the breaking up of the ice in the neighborhood of Troy, and the baoking up in the vicinity of the island @ short distance above where it is now piled up to the height of several feet above the level oFihe ice in the river. At noon, the docks were partially submerged, and the water was then ay rapidly. Fears are by some that the damming up of the ice above Bath will have a tendency to remove that site the city. But this ie mere conjectare. The ice in the river is quite ae anon Ce} boys are skating upon it, and persons and vehicles are constantly geing to and from the Boston depot upon it. The Troy Budget of the 13th inet. saye:—The ice in the river broke up last night and floated off, leav- the river open; so that, from the prospects, there wail be no obstacle to the opening of navigation in a few days. The river was considerably swollen this morning, and large masses of ice were deposited on either bank of the stream. We have not heard of any eeriot mage occasioned By the freshet ia the river. There is very little floating ice in the river hereabout to ebstruct the passage of boats. ©. Wyman, H. Mason, ¥. Wood, Oslifornia; Hon, D. Feit. New Jersey; Hon B Washburn, Worcester, Mose ; were among the arrivals ot the Howerd Hotel, The AGantie Steamers, TO THE EDITOR OF TM HERALD. As the Zytbwne has Mberally aperegriated columns to the publication of articles aiming to prove the failure of the Collins’ steamers, and as the Tribune has not published a reply to those ar- we been , and which are Upon simple and substantial facts every one of rae can be sobmaataied. Ri rat appeal to you, owing your disposition to at least i ‘tial. I allude t the articles in the Tribune of the 4th and 1h fapaass the Sener | over the sige ture o! ‘ilopanti,” and pro‘e to a hi scientific and mathematical ex; fun of the Gok line’ and Cunard steamers, and being based upon erroneous data, and terminating in wrong conclu- sions, is wellcalculated to deceive many on a sub- ject is which they feel a deep and national in- terest. Firet.--I will give the dimensions of each steam- er, and that instead of the Atlantic and Pacific having a joint power of 2,000 nominal horses, and the Asia only 800, that the Asia has actually got the greatest engines. = ATLANTIC, PACIFIC, BALTIC, ABTA. Feet, keet. Feet. Feet Length on deck...... 285 284 287-230 Breadth of beam..... 45% 45 45 40 Depth of hoid..... 32 82 32 (27h Load dreught. 20 20 20 20 Length of stroke 9 9 10 9 Dw meter of wheel: 35 35: 36 36 Length of bucket 124 ll lk 94 Inch’s. Inch’s. Inch’s. Inch’s. Diametre ofcylinder 96 9 95 96 Tonnage, (custom- ROUSE) 6... cee eee 2771 = 2686 -2T18-—-2072 Nominal horse power, £00 800 828 S16 The term “ nominal horse power,” has become @ mere conventional unit for expressing a certain size of cylinder, without reference to the power exerted; and the actual horse power exerted by+ either the English or American engines greatly exceeds the nominal, varying according to the preeeure of steam and degree of expansion. The English designate the size of their cylinders by horse power; the Americans by diameter of cy- linder and length of stroke. As will be seen by the table above, the Asia has cylinders one inch larger in diameter than the Atlantic or Pacitic, and same length of stroke, Estimating the nominal horse power of both by rules established in the English practice, end we have for the Asia 816, for the At- lantic and Pacific 800. . In erder that your readers may figure for them- selves, I give both rules. First—The square of the diameter of the cylinder in inches, multiplied by the cube root of the iength of {stroke in fret, and divided by 47, will give the nominal horse pewer. Thus:— 3 a*+V S=nom inal horse power. 47 —a being the diameter of cylinder in inches—S the length of stroke in feet. _ Second—The square of the diameter of cylinder in inches, multiplied by the velocity of pistua in feet, per minute, and divided by 6,000, will give the no- minal horse power. Thus a*+b 6,000 ~—a being the diameter of cylinder in inches, 6 the number of strokes per minute, $ the length of stroke in feet. itis a misteken notion that the Cuaard-rs carry but 7 pounds of steam to the square inch, while the Amencans carry 25 or 30. The average pressure ot the Cunarders 1s about 13 pounds, and the ave. rage of the Collins’ steamers has been less than 16. it is geen that the Asia’s enginesexceed in power those of the Atlantic or Pacific. Itis also plain, from the above statistics, that the immersed mid- ship section of the Asia 1376 square feet leas than the Pacific or Baltic, and 86 equare feet less than the Atlantic, giving per square toot of immersed midship section, to the Asia 1 34-100th horse power, Pacific 1 17-100th, Atlantic 1 15-100th, and the Bal- tic] 21 100th horse power, giving an in:portant advan- tage in favor of the Asia over either. Underthis view of the cage, it may be asked, how can the Collins’ steamers expect to equal the speed of the Asia? The answer is, by their superiority of model, which unquestionably gives the Collios’ steamers great advanteges; and when they, like the new Cunard- rs, can command a picked crew who have disiia- guished themselves by years of unremitting and eflicient service, they will equal and surpaes their rivals. Why do the ae engincers boastingly essert, ‘‘give them the Collins’ steamers and they will beat themeelves a day 7” They are admitted good judges, and it may be flattering to the friends ot the Collins’ steamers, to know that the new Cu- nard shipe, Arabia and Persia, now constructing to compete with the Collins’ steamers, are copying them beth as regards increased length aad sharp nese of mode], and tubular boilers, The truth is, the English cunningly underrat the power of their engines, giving the impression thut, with less capacity, their engines are more pertect and more efficient; while the Americans have foolishly overrated tne power of theirs, and given the idea that, notwithstanding great engines, great expenditure, and great eflort, their engiwes are imperfect, und do not work up to their power. Hence has arisen the common eapression, “you can build the ships ; but you must goto England for your engines” The misfor'une is, the Ameri- cans themselves have done their steamers the greatest injury, illustrating the philosophy of the eave me from my friends” By over- stimating and premature boasting, thereby creat- ing unreasonable ani tions, they have done their sieemers more serious damage than all fo- reign competition combined ; for no soouer dees the actual performance fall short of the high- wrought and visionary expectations, than the very vessele which foreigners hive candidly pronouaced without equals in the world, are eet down by Ame ans as failures; and interested,” scientific individuals * Filopanti,’* set to work— from erroneous data, obtained at a cheap priat es- tablishment—to demonstrate that they are failures, and why they are failures. The steamers of the first American trans-Atlantic line were materially injured in the same uoreasonable manner. hy should there be so much paruality io favor of the Englieh steamers? Why such a disposition to wink at their delinquencies? It the engiae of a Cunard steamer breaks a side lever, throwing the engine into a perfect wreck, and the steamer comes into port with one engine, and returnato E: with one engine, nothing is ssid about it; if dozen men are washed overboard, during a single paseage, by the sub-marine excursions of the ship, nothing is said about it; if the steamer is sixteen or eighteen days meking the passage, nothing is said about it; it is conceded that she must have encountered an unusual boisterous passage. With the Cunarders everything is nght, and all is looked vpon a8 contingent accidents, that will happen under the best of management. But how isi; with the American steamers ? If one is longer than usual meking @ passage, it is sup posed she has met with anaccident. If the engine is stopped on the passage, for the most trifling cuuse, there is immediate alarm, aud every passea- ger considers it his privilege to visit the engine room and inspect the condition of the machinery and seems ambitious in being first 10 write and publish an exaggerated account of the “ accidents and detenuon” of the passage, with criticiwwms oa the mal-censtruction of the ship and machinery; while on board of an English steamer the engine room is inacceseable to passengers, only on praise- worthy occasions It should be borne in mind that the Atlantic and Pacific were built to eorpete with the America, Europa, Canada, & >., and not such steamers as the Asia and Africa, whach nave been built since, or the still more powerful eteamers Arabia and Persia, now constructing; and from the immense sums which the Cunarders are now expending for new and more powerlul mers, it is evident that they consider the Cellins’ steamers formidable rivals, and that the Yankees have succeeded in frighten- ing the Cunarders, if they do not eventually sur- pass them. To “Fdopanti’s” statement, that the Baltic cannot consume lese than 11,000 pounds of ce and must: rry, to ensure a safe passage, 1 | tone, and from ‘' indications privately obtained,” sets nee weight of ben gel on at sed more, making an aggregate weight for propelling poweralone of 3. (600 tone I wilidanply sap, that the engines and boilers weigh 825 tons, and the buak- mo os for 1,050 tons, which affords, ither, two to three di } F ilopanti’s”’ modest suggestion of the ** simple and easy improvements,” necessary to the Collins’ steamers—such as 600 foot paddle wheels, gradu- ating pillow blocks, extension connecting rods, and larger cylindere—may be “simple and easy” for his theory, but never for Practice. nominal horse power. New Hooks, &, anv at the Herald Srates view, for February, 1851, Broad ine any Democeatre Re- Kellett & Moore, No. 170 : Nos. 1,2,and 3. A. Co., No. 8 Barolay street. Axrnican Woo Review, for Rebruary. D. W. Hol- ly_No. 118 Naseau street, qT tHe Witornness, @ dramatic poom, by translated from the German, by For sale at the book stores. ann Steam NavicaTion Guivg wards, Bandiord & Co, Transatiantic Bx- Press Office. 18 Wall street. Tue Intermationat. Montuiy Macative, for Febra- ba f Ly WA Townsend. site Brates Montity Law Macative, for Feb rey. John Livingston, 64 Wall street. A Ww. . flute mane ron Wattz, (music for the ) Tue Bino Dove Poura, Theresa Hennessy, to This composition 1e the work of « Young searcely nine years ot age, but who extraordinary aptitude for music complished lormer. and bids ae compover. Wel her tA be duly sdend spooareged: = ” Before Judge Morse ‘THE BOARD OF SUPERVISORS AND THE ALDERMEN OF THE CITY OF BROOKLYN Judge Moree in this once, restrain- ot second class from taking their seats at the Board of Supervisors, and which in- jumction bad been served upen the defendants, toge- wvieecbdog pao edy fie patene o gue semana. ‘was proceede on Baturdey, Mr, Crook appearing Seen the injunction, and Mr. Van Cott for the Mr. Orooke commenced his argument by contend ing for the applicability of the process of injunc- tion, in such a onse ap t presented to the = ° ag Xe =e rye “pp hed ones, though, perhaps, a a Hever arisen, nor had th order ma issued in copjunetion with ® quo warranto, In support of wo iirst, that this ywas ® By the first section of the code, a crimt- pal action was defined as one instituted ‘for the punishment”? of an offency, and bere no punishment Was sought to be inflicted; it was not, therefore, ori- mins], Inthe second part ef the code, section 69, sections in particular cases were defined, and this pro- ceeding wes one. It would be an easier matter to apply the code to such cases, if they could entirely divest themselves of the ideas tormed by the study of the law, but the old and new became insensibly mixed up together. He would, however sumption that the Judge hed forgotten that there ever wae such awrit esa yuo.warranio, It was bj code abolished and they had no right to co at ail. In the language of the code, “it is abo isl and the remedy may be obtained by @ civil action under the provisions of this chapter,” That the proceeding was a civil action being oc nced- ed. Mr Crooke proceeded to show the alteration that 2 taken place ia the law with respect to this pro- Under the old law. where the rem-dy was ob- ed by writ and injunction, the judgment was a dant be ousted” and excluded; and t 1848, [which exempted the writ of quo warranto, the whole phraseology showed that the pro- ceeoings could not be had unless th: dant was in office. the judgment being that h put out and excluded. or kept out. stance of the writ being granted im individual cases, im those of lucrative offices. It was not pplicable in the case of @ member of Parliament OF wpy otber legislative body. Nine-teaths of the cases mentioned Baden on [pjuctions» would net DOW Sppear proper ones in which to grant it; and \be alteration of the language it was the intention to mak: the writ should issue to restr By the code of 1849. which abolis! nd ble by civil action. the judgment rty be excluded,” not" put out’? asin the old judgment. If this did not m there was to be @ total change in the practice, it meant nozbing. Suppose that Engine Company. No 9, were to claim to be supervisors? They might some in, and, using similar. ly polite language as the eldvrmen had done, tell th they“ might talk till they were blue,’’ » the case was ae clear as mud,” &c, aud turn them out, neck heels. There must be some remedy for such ate of thinge— though never before had a cass presented iteelf ct a majoricy being let loose py the Legislature, and the codifiers had tur nirhed the ouly remedy which would meet the case. Something had been said as te the conduct of the At- torney General in allowing the proeredings. It had al- ways been the custom of the Attoruey General to grant permission on application — which in this case had been madee in the urval manuer, and security given against any damage or expense accruing to the people and in the emendatory code proposed in 1860 (bat which it wasirue had not parsed) it was proposed to iusert @ clause that the Attorney General “shai on ap plication, &c., leaving it no longer optional with him The detendapt had called a meeting, snd when the Board met had attempted to intrude there—this was tekrng the initiatory, and enough had been done to callfor the injuntien TheCode by Sec. 218 abolished the writ and substituted the order wad by the tollow- tiow directed it to issue © whece it shall appear, leaving it im the discretion of the Vourt; and it was undoubtedly the intention to apply it im all cases where it was desirable to oblain a remedy or prevent an evil. Uniess it were as im this care, no legitlative body would be sate, They took the point that su injunction is applic in all civil cases There was no moral cousticucional, or legalreason why it should not issue in such a one as was presented tothe court The effect of it would carry out every remedy sought. Forgetting there ever bad been @ writ of quo warranto, the court would look upon this as a civil action toexclude the defendants, bot to oust them, as in the old form of judgment. The exclusion was far preferable, inasmuch as" prevention was better than cure.” Mr. Cott would like to hear the counsel on the subject of these gentlemen's right. Mr. Crooke bad confined himsgif to the naked case, and had only preceeded to shew whether the court had the power to restramthem. It would require some time to argue the constitutional right. The Judge intimated he would prefer to hear the whole case argued, aud Mr. Crooke proceeded to read the affidavit of Mr Van Cott. in support of the alleged right of the deten dants, which set forth that the defendants had been elected aldermen, had taken the owth, aod th the first meeting, it was determined © by lot” tha! suid aldermen should belong to the seoond class, and astuch were supervieors, Mr Crooke explsined that, r the Brooklyn city sbarter. passed 4th April, at ite first meeting. be divided into two classes, to be determined “by lov” im opep Board—the first of the City Court, and said sldermen 2 to be supervie defendants ed to be ro; by that act their tei upervicors, was to commence on the first day of April bext, but by an act parsed on the 24th of January last, to commence immediat rejerred to which provides that tion or appointment is not tution, eball be elected by the electore of the counties. or appoiuted by the Boards of Supervieors, or other county authorities as the Legislature shall direct Alleity town and vilinge oficers, whore election or appointment Js net provided for by tats cons icution ted by the electors of such cities. towns, ‘or of some division thereof, or appetated by such authorities thereof, we the Legisiacuce sh. drrigpate for that purpose All other officers wh: election or appointment is not provided tor by tb cenetitution, aud afier be created by or appointed as the Legislatu viection of the deivodants a9 aldermen gave them no right to the office as supervisors; th 4 Lot claim it as incident to their appointment half of thore eleoted could never becomes super The Legislature of New York had sald t! the pow &. 4 Gutier of supervisors sbould devolve on the May- er Recorder. and Aldermen ot the city of New York; but they bad not made them rupervisors. This was ‘amiliar care, but an attempt to create & epecitio fice, in euch @ manner, had ee before been made. On the 24th January, there was no each office ae pupervieorr; and for the Legisiature to duclare that the defendants should be so immediately, was clearly bad; it was doing that, by implication, that they baa no power to do directly Thu whele system was, by the coostitution, founded on selection and choice And in thie case they might as well pase an act that the names of all the iahabicants be placed in @ bat, and eleven drawn out co be super visors, It was monstrous sbuse, aud departure trom the fundamental principles of republicau iastitutions, twenty-t#o bares put ina bat, and eleven out to be Juaeee and eleven to be supervisors. Some of those “lotteried” Into the office of sapervi- rors might perhaps make very goed judges, and vice versa; but all was trusted to vliad chance, and the to babitants of the whole county were exposed to be tor- tured by “the statute of fortune” [t was the first care of the kind that bad occurred in the State. It bad been mooted that rome of the judges were chosen by lottery; but It was not so. Thai the classes should be #0 decided was an old practice, and permitted by thet was merely as to the tenure But here they got into the office wey might just as well dose by the 14th section of the charter, all he drawing, ai throwing dice. narily, where was ended’ The county when the Legislature ing them #0, abouid begin to ex- mediately. no remained to be w form was to @ through; they eal * only waiting the first Tucsday ° fy ir functions. Tae a a Of supervisors, but they were told that those statutes were void, and though thry were aldermen of the second clase, they were net supervisors, even thoagh the statuter nad been iterally complied with im de- volving upon them the office, The charter directed that one ciass should hee of the Ciiy Ceurt, aad the other sv; . The argument as to the con: stitutionality wee quite as appiicable to one as the other; and it Mr. Crooks was right, the City Court had been iiegany formed. and bo nentence passed there illegal, since the first of January. The people i they were electing the Aldermen te serve in these capecitier and should have chosen no ons that ‘Was not competent for ail the duties the law devolved upom them. The mode of determining the classes in operation in ti iT Vourt of Ap- a th Atution provided for it, io net all ge out at the same charter, he thought, and, at all events, call for a0 inj bch prescribed that the Boerd of Aldermen | | his wuthority to bind M k it to re: om bank ww; but the court retused it, saying the evil might be endured, without inconvenience, until removed by mm0n lew. The writ ef probibition at com: bey t the case, and would have iss ‘im inal procee: trying bim afterwar. nothing more. hones nearly tomidem verbis, the old for omitting only Latin, Nothing was said about injunction, because it was not obtainable before under warranto. The conmstency of the Board o 018 was shown, by the seven members havin; prayed the Legislature to re-appoint the six who went out om th of January, to the let of April—con- sidering, then, that the Legislature had power, though thor tlemen were fully functus officio, and alse ‘that the gentlemen so“ lotteried’’ would fill cies on the lst April. They had also recog- nized them by attending meeting; though, when as- mbled, to get out of the dim “ they bad sign- ed a call efore sitting down, would ask the court ta revoke the temporary order; and if afterwards it should be granted, that it might be so on delibera- tion. ‘Judge Morso intimated that be would be prepared, he Sheenme, by Tuesday next, to dispose of the case fipally. MMT Grooke was struck with th olved upon the aldermen es incidental to their office; whereas, it was a totally dietinct one, and survived that of alderman for four months, the one term expiring on the lst January. and the other on th it Tuesday in April, 1853. ‘be supervisorehip, the: , could not be treated ass function of the aldermanic capacity. The case of the Saratoga Railway Company would, on ex- amination, be found not applicable. In conclusion, he hoped the court would not characterize the pro- ceedings as puerile, a8 his opponents had done fle suppored it a very important case, and new ons and should not be surprised at a decision either way; but that would probably not be given, finally, till the matter had been decided by a full beach. his decision. The en the motion for injune und that an injunction order as a provisional reme y; is quo warrento,”’ It will (that of the Aldermen fully argued by the direction of the Court, decided It iv suppesed that the defendants will im- mediately putin an answer, setting ferth the grounds of their claim; in which case, the cause may be heard and determined in Merch Term. In the meantiu the injunction being removed, we may expect are newal of the scenes lately enacted at the Board meet- sin consequence of the Aldermen seeking admis- sion. Court of General Sessions, Before the Recorder and Ald. Franklin and Dooley. Fev, 18 — Charge of Obtaining Money by False Pretences.— Henry E. Willard, impleaded with Thomas W. Smith, was put on bis detence, charged with obtain- ing $3,000. by means of false pretences, from Thomas an, the agent of Mr. Warren Jenkins, of Ohio. as alleged by the prosecution, may be gathered trom the following testimony of the pringipal witness: — Thomas J Coleman, being duly sworn, testified as follows :—My business is that of an exchange broker, at 63 Wall street; Iknow Mr. Warren E Jenkins ; he is at Columbus, Ohio, where he hus resided for about ‘a year past; during the year 1547 I acted as his agent; be resided in New YorX at that time. but went to Vo- lumbus, aud returned to the city in November or the eurly part of December; I know Henry &. Willard and Thos. W. Smith; I first became acquuvinted with Mr. Willard in the summer of 1847; he professed to be an auctioneer, and had an office in Broud street, close by Wall, I became acquainted with Mr. Smith about the fume time; be was @ counsellor-at-law; bis office was ip Naseau street, mear the corner of Pine street; I had business transactions with Mr. Willard, in my capa- city of agent for Mr Jenkins. Counsel for the prosecution—State what conversa- tion you first had with Mr. Willard in reference to the subject matter of this indictment, (Objected to by cownrel i(r the defence, on the ground that wit- ness should first show his power of attorney, or suthority to act for Mr. Jenkins. The eourt overruled (he objection as being prematurely made, and the counsel excepted.) itness—In the be- ginning of August, 1847, Henry E. Willard called at my office. and raid that he had had negotiations wich Mr. Jenkins, by which be (Mr. Jenkios) held securi- ties in the ehepe of mortgages upon the property known as Tattersall s, Broadway ; he represented that that property belonged to bis wife, and that Thomas W. Smith, councellor at law, was ber trustee; that two notes which he Leld in bis hand, one for $1,000, and auotber for $000, drawn by biweelf (Willard) to the order of Thomas W. Smith, trustee, and by said Tho- mas W. Smith endorsed over to Warren Jenkins, or or- cer, were drawn in conformity with # written agree himecif (Willard) and the parties ptial agreement, to bind that portion of (Tattersal’s); that, the mortgages had been ened to Mr. Jenkins te secure him in the sum of 2.000; that be (Willard) had reduced the sum down xe near $1.50C, and that ho bad en ar- Jenkins to increase it to the id that Mr Jengins told him y tran ith me just os well oe if were ed me to Thomas W. ruth of his statements ; th on the notes were, pay Warren Jenk' Thomas W Smith, truste fioeand stated to me that that b and urged me to make the loan; 1 Willar 1s bad the papers alread was periectiy x instead of 4é would be good dreds; I received em; th: ds, Mr. Willard came in and producing rome silver pl 4 securities of that Quertion by the Court —Were these advances made by you in your individual , for yourselt’ A No; they were made b: kins. @ you acting under a written power of attorney, or um- Ger verbal instructions’ A.—[am unable to say un- der which I acted st that time; [ suppose I had a written authority trom Mr Jepkins, uoder which noted at the time that 1 made the advanc sel for (he defence here insisted upon the writtea au- thority being produced Court overruled the objec tion.) Witness continued~The advances on the plate were made betore the 19th of August; om the isth or 19th of August, Mr. Willard came to me with a chattel mortgage executed by Barab A. Leiandto eory B. Willard; attached to the mortgage was » schedule cf # large number of arcicles of furniture con- tained in the house No 40 Leonard street; also a note of band, this mortgage, together with the note of hand, and @ policy of insurance, covering the furniture, Mr Willard wished to deposit with me for the purpose of ebti ng further sums of money. and tor the farther pur pore of taking up other collateral securities which Pica; 1 tola him to leave the mortyage and policy of boarding house at No 80 Leonard street; that be had soid ber the furmiture himeelf, and w ite value, and d bole mortgage wae due him te leave the papers, so that I 4 if L found them correct. I tion to making bim farther ad- ing up the collaterais; I took the 1. an attorney, who bi it im inetalments I wanted to be pore of the $1000 to be made so as to amount «ft ores , ne ty on me with Ave notes ee an: I rejected afterwarde, andarked my objections were; I ex. 4 to him what my objections were; he said I need not be afraid, as I the chattel a which was perfectly good; Mr Willard subsequently rned with otber notes, payable to the order of om Jepkine, but, in other respects, drawn about inst; | refused these notes aso; Willard then me to go to Mr. Bmith’s office with him; I did Guutinotiy stated to him what my objeo- Mr Smith told me that the notes drawn him. as trustee, bound Mrs. Willard’s jereas the other notes, as drawn at first, the Tattersalls property; Willard said he = guarantee that | would draw out; [ commenced to draw a guaranter, Willard ashed me to let bim take the $1) ‘and the #600, er with the jorandum checks, to show to Bi on yt want two sete of papers to be time; he said be would returm direct! gverantee, 4 he did not want &mithto know that be bad tigned such aguerantes, Mr. Willard did not ¢ back, as he promised, ‘the notes or his of is Ite; tr to 7 ned Binith's noten y sling with revurn of the notes and other pay t get the money on the second note, get it from the ebatte) mor where get it; Smith was at that which we were endeavoring to collect bye mm | the chattel mortgage; b« told us we had we pealé eres get, thet baa thus far, proved true; made vances on re) by Mr. Willard, end backed by Mr. Smith; if it hed» not been for these represen! they got s dollar. ‘The case was here suspended till Wednesday mera- 19.—Testimony of Thomas J. Coleman, IThed kuown of Mr Willard having ‘iard go to Bmith, as the notes ‘-Bmith shared the plua- netes {Objected to by the Objection overruled by the Court} A-—I I met bism lest July, at the City Hall, where he ade w kind of him as trustee? wo he threatened te cowbide and mirenet einen like threats, iff a own Mr. Jenkins nine or y mm ed— I bi ten years; w him sometime last fall. (Two letters frem Mr. kins to witness, were here Page orig I firet commenced acting tor Mr. Jenkins im 1848; [had been acting for him bout a year when these notes were re he me at the rate of $600 per year; I think I acted in capacity ior about two A I think he left in 1648; it have been in be- ginning of 1649; 1 think it tn April of 1849. (The oroes-examination was here extended to considerable length on matters not connected with of the case. and the counsel for the defence had not done with the witness when the case was adjourned for the day ) United States District Court, Before ton, Juage Betts, LARCENY ON THE HIGH SEAS, OF THE HELEEA SLO- MAN’S MAILS. Fen, 19, James Mux wae charged with larceny of certain papers trom the wreck of the Helena Sloman, beiug certitcates, or United States bonds, for See yes. ment of money and coupons attached thereto, entitling the holder to (be sum vf $30 each. It appeared thatthe prisoner was a eeawan On board the Devonshire, which fellin with the wreck of the Helena Sloman, and res- cued her crew and muiis, in November, 1860, and that the robbery of the mails of the Helena Sloman was alleged to ave been committed by t! and two others not on trial. The following i the coupon : MH + 4545 4 Unrrev Spates Loan + There will be paid to “the rer thirty dollars}; on the Ist January, 1851. for six months interest om bond No, 4,348, tor $1,000 For Secretary of the Treasury, 444 ATH at if Hi i i 444 RY gE. SELL. HHH HHH HHH Mr J. Preecott tail, United States District Attor ney, stated the ca for the prosecution, and called Richard King who identitied the instrament produced as @ certificate of stock for $1000, and alse the cou- pons attached; to the best his knowl they are genuine coupone of stock of 1848; the apons are cut off from the bond and sent forward, and entitle the holaer to payment of $50 interest On cross-examination the witness said, he did not know the band-wrivng of the papers; does not know the gentleman by whom they are purported to be signed ‘Chasies E. Baldwin deposed that hs was a clerk in the ewploy of Mr. Wheraoo 146 N assau street—I know Max, the priconer; about lsth November last Mi Clean (one of the other persons charged) gave mm introduction to the prisover; Max told me that he 4 quantity of coupons——{ think he said seventeen thir- ties and one ninety ; [asked bim to bring them; he brought me what be fifteea; I count twice, and made only thirteen of them ; I gave them back te bim; he came again; {asked him where he got them; he suid they could not hurt bim tor having them, I told him that he got them out of the mail bag; he laughed and raid, well they coulda’t hurt him; Max was intoxicated at the time; I told him that he should look out that he didu's get into the Tombs for having them, and that | shouid have nothing more to do with trying to get the money on them for him; on the bight Mu rested 1 went with the officers to Lis bourding place; we found Max bad negotiated three of these coupons with & bro! in South street ; the officers pretended that they were brokers, and that they would give more for them than the broker that Max was ceiling them to; | don’t remember what Max said at the time; they went to the broker's office; Max was with them; and one of the officers went behind the counter; Max handed the broker back the money that he bad paid him ior thrre coupons; what the amount was, 1 den’t know, the broker handed the officer the three coupons. and then the officer arrested Max; the prisoner did not in any of his conversations tell me where he got the coupons On cross examinaiion by Mr. Donohue, the witness seid that he did pot say to Max that he would dispose of the coupons, and that he, Max, had better get out ot the wa: MY Botts here read the testimony of the witness, taken before (he commissioner, in which he said that Max told him he get the coapons out of the mail begs of the Helens Sloman, which be and other seamen cut open; ard that they reecued them from the wreck just us she wae sinking. ‘The wituees explained that be made that statement as to McLean, one of the other parties charged, but not asto Max Jacob Kussell, clerk in the Assistant Treasurer's (fice, identifies the coupous. which he believes to be genuine; if they had been properly presented, by an Unsuepected pereon. they would be paid Jobn li Burley, police officer. deposed to his passing bimeeit off broker, ana hie having subsequently arrested M. more coupons offered seven to te,” lite | be xt morning he said lice of. ked them up trom the deck of the ves- ; he afterward? said that McLean gave them to him, and that named Lioyd, and others, hada lot of them Kalph Pattison police officer, gave similar testi- mony to tbat of the last witness Charles Waldron deposed tnat he wi berth. on bowrd the Dev yut the contents of the wi d they raid no it was letters, or papers. and they 4 have nothing to do with it, aud they put them brown leather bag. with other * bunk’; at bed time to bed, Lleyd nome of the coupour ‘The evidence for the prorecution olor Mr. Doneb evidence to go to the jary leged to have beew stolen in N. were not payable urtil Ist January ‘The District Attorney contended that these coapons were as much property a gold coin After pome discussion on the polot the it ought to be shown tbat toe govermme Le paythess coupons. 1¢ eae a matter of doubt whether they oan be considered the eubject of larceny,end as it was a new point whether the certifioutes coanitate an obligation on the government, he would look into the statute and sdjourm the case until to-morrow (Thurrdsy) morning The District Attorney taid he had proved, by a wit ures from the Sub Treasurer # office, that the cow were genuine, and ‘hat they would pay the amount of rack- $50—to any unsuspected persons presenting them, The Judge said that it could not be contended that the unauthorized signature of the Secretary coasti- tutes an obligation on the part of the government Adjourned Court of @yer and Terminer, Brooklyn. Feb r late Case of Kape.—The custody, upon this ; tiay morning, sa ven manifented bj Co care was adjourn» y bes The jury were discharged till to-morrow morning. Board of Educanion, The Previd og $1119 8 ty-ainth street, fe Bl xtoon action of the re. The Presivens Ruse, Murphy, and Davis, were appointed "he ox BER a: HOE asite fora A resolution was pasre ing, the purshase of a lot of ground im the rear ot W No. 9. in Greenwich avenue, in the Ninth ward, forthe eum of $801 t OF AMMATANT CLERK, Mr Corey cfter resol! to fix the of the Assistant Clerk of Rie’boath at $700 per im Neferted to the Finance Committee. rf % The meeting then adjourned to Monday next Mrrsono! o@icat. Pusnomenon.—The most mag- aifcent eight we ever beheld, occurred on Thurs evening inet. Wheo the moon arose al e korvon, the radiation of her light was Bark upon the sky, and three moons were visible a! (be sane time—cach distinct, bright and beauti- dark shadow, melting on its edges co pi the rainbow. "When zenith, this circle became broad and and Ce 2 yo out from it Ly wet in lea io can picture grendeat of the trent, and those whe, witssesed will jong remember it as @ most remarkable mani- festation in the heavens, The sunrise of Fiday morning wee attended, also, by a magnificent dis. play ef enn dogs.— St Paul Uotimnesvta) Chrome rls; Jan, 2.