The New York Herald Newspaper, February 17, 1852, Page 3

THE PROMETHEUS AFPAIR. ndence, end Settlement of ideo ona rig ct wity. We annox the ins:raccions of the Secretary of State, avd the correspondence botwoen the minis- ters of the government of the United States and that of Grest Brita relation to the recent a3- ganit upon the Ame: n merchant eteamer Pro- metheus, in the harbor cf (Greytown, which hag just been commur'cyted to OC mgress by the Prost- it. on Wasuina ron, Pobraary 10, 1852. To the Senate and Houce of Representatives :— I transmit to Congress « copy of the instruction cspatched from the |e t of State to the Minister of the United ut London, respecting the attack on the United “tates steamer Prome- theus, in the barbor of Sun Joan de Nicaragua, by the British brig of war Express; and also a vopy of the derpatcbes of Mr. | ence to that depart- ment, end of bis correspondence with her Britanaic Moajecty’s principal Secretary of Scate for Foreign Affairs ou the same ew’ t. Mitato FirtMore. TO MR. LAWRENCE. REMENT OF SratTs, ron, Decomber 3, 1851 y of @ letter of yestorday, o referred to, addressed to Jo L. White, as coua- gel of the American Aclanticand Pacific Ship Canal Company, from which it appears that when the Steamship Prometheus, belonging to that company, waa under weigh at San Jaan Vel Norte, forthe pur- rue of making her last voyage from thence to ow York, the city anthoyisies of San Juan boarded her with @ police force, and eorved a procoss of attachment on the ship and captain for one hundred and twenty-three dojlars, claimed by those autho- rities as port duce, which the captain refased to pay. Thereupon the Englieh brig of war Express, lying in the harbor, immediately got under weigh, mado sail for the steamer, and, when within a quarter of a mile of her, fired @ round shot over her forcezs- tle, and a tew minutes afterwards another shot over her stern, which passed so year that tho force of the ball was distinctly felt by several porsong on boasd. ‘The captain of the stcamor thon sent a boat on beard tho brig to inquire the cause of the firing. ‘The captain of the brig replied that it was to pro- tect the authorities of Grroytown in their domands ; that if the steamer did 10! immediately anchor, ho would fire a bomb shell ipio her; and he ordered his to be loaded with grape aud canister shut. Fine steamer then proceeded to the anchorage and anchored. The brig auctwred very near the steam- 6r, sont a boat on board tho lattor with orders that the fires should be extinguished, and to say that an officer would be sent to sew that this was done. The authorities then came on board, the amount de- manded was paid unier procest, and the steamor was permitted to proceed tosea. It further ap- pears that the captain of the Express acted under the authority and by orders of a Mr. Greene, who claims to be the British Consul at San Juan. The President directs that you will loso no time in addressing a note upsn this eabject to Lord Pal- merston. You will inquire if the captain of the Express acted pursuant to orders from his govorao- ment, and whethor his course is approved. You will state that ifthese questions should be ans wered in the affirmative, the President would consider the pro- ceeding as a violation of tho treaty of the 19th of April, 1850, by which Great Britain has stipulated that she would not make use of any protoction which sho might afford Nicaragua. the Mosquito @oast, or any part of Central America, for the pur- pose of i or exercising any dominion over tho same. Tf, as Mr. White says, Lord Palmorston instruct. ed Mr. Greene, in October, 1850, net to interfere with the veasels of the company, and in November of that yoar again iss'ructed him to make Grey- town a free port, it is difficult to believe that these instructions could have been countermanded, as no eause therefor is known to exist Perhaps it may be said that, atthough San Juan be regarded asafreo port, that only moans that no duties or impost shali be levied or collec:ed on goods, and does not imply that port charges are not to be paid by masters of vessels as in othor ports. ‘bis government, howeve: anot consent to the collection of port charges at San Juan by British ships of war, or that their collection should be enforced by them. The occurrence above referred to has created equal surprise and regret, and has caused the Prosi- dent to Re immediate orders for the despatch of an armed veesel to San Juan. : Jam, sir, respectfully, your obedient servant, Danrgzu WessteR. Anvotr Lawrence, Erq, &e. Sin—I transmit a and of the papers th this department by MR. LAWRENCE TO MR. WEBSTER. {Extract} LeGation or tre Unicep States, Lonpon, December 19, 1851. £ Sm—Your despatch, No. 64, relative to the out- rage on the Prometheus, reached mo yesterday evening. 1n compliance with your instructions, I have this mornisg addressed a note to Lord Pal- merston on this subject, of which | enclose a copy. I cannot refrain from expressing the pleasure with whioh I have witnessed the prompt and enor- etic course of the President in this matter; and I es it will bring about a speedy adjustment of in Central y Sth Suck an adjustment is growing every day more and moro important. I have the honor to be, sir, very respeotfally, your obedient servant, Assotr Lawrence. To Hon. Danie Weester, Secretary of State, Washirgton. MR. LAWRENCE TO VICOUNT PALMERTION, Legation oF THE UNiTED Sraiees t 138 Piccapiiy, Dee. 19, 1851. The undersigned, Envoy Extraordinary and Minister Plenipotentiary of tho United States ef America, is directed by the President of the United States to call the attention of Viscount Palmeraton, her Britanic Majesty’s principal Secretary of State for Forei ‘Affeire, to an outrage committed on the ‘United States steamship “Prometheus,” belonging to the American Atlantic and Pacific Ship C: Company, by the Britieh brig of war ‘ Expr San Juan del Norte, in November last. It appears that the “ Prometheus” was under woigh at San Juan, with about five hundred pas- sengers, for the purpose of making a yoyeme to New York, when the city authorities of Juan boarded her with a police force, and served a ‘ocess of attachment on tho in ir ene hundred and twenty-three ed by those authorities as port dues, which the captain refased to pay. ‘Thereupon the Express immediately got under weigh, mado gail for the steamer, and when within a quarter of a mile of her, fired a round shot over hor forecastle, and as few minutes atterwards anothor shot over hor stern, which passed so near that its force was dis- tinotly folt by sevoral persons on board. The cap- tain of the steamer then sent a boat on board the | brig, to inquire the cause of the firing. Tho com- mander of the brig replied that it was to protect the | authorities of Greytown io their demands, and that if the steamer did not immediately anchor, he | would fire a bombshell into her; aad he ordered his guns to be loaded with graps and canister. The steamer thon proceeded te the anchorage, and an chored. ‘Tho brig anchored very near hor, and sent & boat on board with orders that tho firoa should be extinguished, and to say that an officer would be sent to sce that this was ¢ The authoritios then came en board, the paid under protest, and tho to proceed to sea. It fa tain of the Express a by order of a Mr Britigh Consul at 5 ‘The govern ed of those @ret. It cau charges at San Juan that their collection shou ‘The President, immedi gence of these events, gave of an armed vessel to San Jaaa Las Al caured the undorsigned to bo instructed to inquire of Viseount Palmerston whether the captain ot tho Express acted pursnant to orders from her Majesty's government, and whether his course is approved ' The undoreignod is also dirocted to state thati those questions shall be avayered in tho affirmative, the President will consider the proceedings as a vio- lation of the treaty of the 1 h of April, 1850, by which Groat Brituia bas stipulsted not to make uso of any protection w sho may afford Nioara- qua, the Morquito coast, or any part of Central America, for tho purpose of assuwiag or exercising dominion ovor the same The undersigned avails himself of tho opportu- nity afferded by these instructions, to renow to Vis+ count Palmerston tho assurances of his distin- gvishod considoration. Asvor Lawrence. Viscount PALMERSTON, &s. tho author » Who claims to 23 has Joarn- ‘ies and ro- ion of port of war, or i by them ng intelli vs for the despatch Ho has also MR. LAWRENCE TO MR. WEBS Le@aTion or tae Unirep Sra ges, Lonpon, December 26, Boi ince I had the honor to addrena you on tho 34th instant, Viscount Palmerston has most unex- pootedly withdrawn from tho cabinet, and Karl iranville has been SES ata the office of oreign Affairs, and will re- his day. Lord Palmorston resignation on Friday, [ addressed to him a t of firing upon the eoretary of State f ocive the seals of is aid to have sent the 19th, the day on w oommunisation upon the 8u stenmer Prometheus, by tho British brig of war Expierr, at San Juan. | called at the Forciga tliee 0 ednesday, tho 24:h instant, and Was in- Lord Stanley, of Alderly, the under Seore- ate, (who retires Lord Palmerston,) ly to my note not be given until tho n of Karl Granvi r place. I shatl adore to to Lord John Kussoll, aud request aa intery hie earliest convenience I hope to bo able to tranemit by thonoxt mail Earl (iranville’s ropiy, whose decision must be governed by that of dhe cabinet. Tho immediate oauer of tho retice h thi Losin ment of Lord Palmerston is not publicly knowa; but rumor, with her thousand tongues, atéributes il to a difference of opinion with the cabinet respect- ing the policy to be pursued toward the French go- vernment since the coup d'état of Louis Napoleon. The Times, the Daily News, and sovoral other journalsof this morning, will convey to you the va- rious opinions entertained of Lord Palmerston, and the causes that haveledto his resignation. { am inclined te tho belief that the sbeve rumor will be found to be true, and that his retirement at this moment was as uuexpecwod to himself as to tho ublic. a T have tho honor to be, sir, very respectfully, your obedient servant Aczorr Lawngnce. To Hon. Daniget WensteR, Secretary of State, Waehington. LORD GRANVILLE TO MR LAWRENCE. Foreign Orrice, Des 30, 185 The undersigned, her Majesty’s principal Seore- tary of State tor Forcign Affairs, has the honor to acknowledge the receipt of the note which Mr. Lawrence, Envoy Extraordinary and Minister | Pionipotentiary of tho United States of America, addressed to Viscount Palmerston, on tho 19th inst., complaining o! the proceodings of the captain of hor Majesty’s brig of war Express, on thejoocasion of the be the | captain of the American Atlantio and Pacifio Ship Canal Sen aang vesrel Prometheus refusing to pay | rae harbor dues at the port of Greytown, Mos- | ito. z The Baden ised begs, in reply, to state that in conformity with the advice which hor Majesty’s go- vernment gave to the government of Mosquito, when the treaty of Washington. of tho Ich of April, 1850, was concluded between Great Britain and the United States, tho Morqnito goverament decided that the vessels and good: of all nations should, without distinction, be, from the first of January, 1851, exempt from tho payment of all duties whatever at the port of Groytowa. Mut the town council of tho place, in ordor to raise a small revenue to provide for some few unavvidavle ex- penses, resolved at ove of their meotings that cer- tuin taxes and dueaehould be levied to supply, in some measure, the plave of the rovenue which would have been obtained if the customs tariff had not been abolished This council, which is composed of two English- men, two citizens of tho United States, a Frenoh- man, anda native of Greytown, a highly intelli- gent merchant, accordingly passed a resolution, by which certain small harbor ducs, amounting in the whole to about cleven dollars oneach vessel, wero imposed on shipping frequonting the port of (irey- town. Mr. Lawrence will seo, therefore, that the abovo mentioned harber dues were notimposed by the ad- vice of her Majesty's govornmont. With regard to the enforcement of these dues, the undersigned begs to assure Mr. Lawrence that the captain of the Express did not act, on’the occasion in question, in consequence of any ordera from her Majesty’s government ; and, as far as her Majesty’s govern: ment are at present informed, no report upon the subject baving yet been recived from Greytown, the eaptain of the Express appears to have excecd- ed his proper authority. Hor Majesty's govern- mont, however, may expect very shortly to receive direct from the officer concerned, accounts of the transaction which forms the subject of Mr. Law- rence’s note, and Mr. Lawrence shall, thereupon, receive & further communication. Mr. Lawrence may, in the meanwhile, rest assured that it is far from the intention of her Majesty’s government to authorize any proceeding at varianoo with the sti- pulations of the treaty of Washington, of the 19th of April, 1850; and that they most deeply rogret sny transaction which can be considered as an af- front offered by any British oflicer or authority to the United States flag. The undersigned has the honor to assuro Mr. Lawrence of his highest consideration. GRANVILLE. To Avnort Lawrence, Esq. MR_ LAWRENCE TO MR. WEBSTER. Lreation or 1ug Unirep Srates, Lonpon, January 2, 1852. Sr Since I had the honor to address you on the 26th of December last, I have received a reply from Lord Granville to my note of the 19th Decem- ber, upon the subject of the firing of the British brig of war “‘ Express” upon the American steamship “ Prometheus.” To this reply, after a personal intorviow with one of the ministers, | to-day addressed an answer, stating Diy renee that her Majesty’s government were not in @ position to give an unreserved disa- vowal, which has drawn from Lord Granville the assurance that if the facts are found, on the of- ficial reports of the British officers, to be such as stated in my note, the British government will ox- press their disapproval of the whole matter. I on- cloge copies of this correspondence _I believe that every satisfaction will be given by thie government, when the official accounts of the transaction shall have been received. I have the honor to be, sir, Very respectfully, your obedient servant, Assorr Lawrence. To Hon. Danie. WenstEr, Secretary cf State, Washington, D. C. MR. LAWRENCE TO LORD GRANVILLE. Unitep Srates Leaation, January 2, 1352 ‘The undersigned, Envoy Extraordinary and Mi- nister Plenipotentiary of the United States of Ame- rica, has the honor to acknowledgo tho receipt of the note addressed to him on the 30th Decembor, by Earl Granville, her Majesty’s Principal Secre- tary of State for Foreign Affairs, relative to tho firing upon the steamship Prometheus, by the Bri- tish brig-of-war I’ xpress, in the harbor of SanJaan de Nicaragua; and will not fail to transmit = copy of that note to the government of tho United States by the earliest opportunity. ‘The undersigned rogrets that her aie go- vernment have pot yet received official intelligence to enable them to give an unreserved disavowal of this act. He will await the further communication which Lord Granville promises, in the expectation that when hor Majesty’s government shall have received a report upon the subject from San Juan de Nicaragua, they Wea thoir disapproval a the as uct of all British officers implicated in s affair. The undersigned renews to Earl Granville tho assurance of his most distinguishod consideration. Axsott Lawrence. The Right Honorable Earl Granvite, &o. LORD GRANVILLE TO MR. LAWRENCE. Forzien Orricr, Jan. 2, 1852. Tho undorsigned, her Majesty’s Principal Secre- tary of State for Foreign Affairs, has had tho honor to receive the note which Mr. Abbot Lawrence, Envoy Extraordinary and Minister Pienipotontiary of the United States of America, has addressed to him under this day’s dato, in which, in reply to the note of tho undersigned, dated the 30th of Decem- ber, Mr. Lawrence expresses his regret that hor Majesty’s government have not yet received official intelligence to enable them to give an unreserved disavowal of the act of violence alleged to have boen offered to the flag of the United States by the | captain of the Express. | Tie undersigned has to eesuro Mr. Lawrence that her Majecty’s government share in the regret | expressed by him that her Majesty's government | have not yot received that official information which would eneble them to put an oud to any further correspondence on this qi 0 But it must be | obvious to the United Stat y that her Ma- nt could not off it y no oflicl bite | shall be shown, by the r government muy hereafter recoi icers, to be euch ast r m ed requ cept the assurance of bis ] Anuotr Lawkencg, &o &o. i TO LORD GRANVILLE. ON OF THE Uniten States, 2 Jan, 13, 1 Tho undereigned, Envoy Extraordinary and Minister Plenipotentiary of the United States, bas the honor to acknowledge the reovipt of the note which Jarl Granville, her Majosty’s Principal Seoretary of Stato for Voreign Affairs, addressed | bim on the 10th of January, on the subject of the course of the commander of tho Hritish sloop ix | press towards the Prometheus. The undersigned is gratified at the promptnees | with which her Majosty’s government has disavowed | thisact, aiter receiving a report of tho transaction from the admiral commanding on tho station; and | he doubts not that the apology offered for it will be reooived by the government of the United States in tho same spirit which has digtated it on the part of | her Mojesty’s government. | The undersigned hopes that tho qnestion under negotiation, a!luded to in Lord Granvillo’s note, out of whish the culty grew, may bo spoedily set tled, and that atter there may bono cause of misunderstanding between the government of the United States and hor Majesty's government, eithor in Central Amorica or avy other part of the world. | ‘The undersigned renews to Earl Granville the Asenrance of bis most distinguished cousidoration. Apyorr LawREncs. = | Eail Granvinie, &e, &e. | MR. LAWRENCE TO MR. WENSTER Lueartion ov THE Unirep SraTes, t n Lonpon, Lith January, 1802 | Sin:—I have the honor to enclose to yous further correspondence between Lord Granville and myeelf, from which you will perosive that tho conduct of | the oflicer command! the Expross was disay proved by Vice ‘Admiral Sir George Seymour, mmaud of tbo british naval forces in tbo Wost Indies; and that hor Maj "3 government ap- prove the act of tha Vigg Admiral, and disavow | made to them that @ br | they abail rovoke a | which ke eball make shall be agnir | tually under arrest awaiting a tris | euthorized to sell tho same in both the act of the commander of the Express and the act of the Consul at San Jaen, and farther, offer an ample apology for the infringement of the troa I havo expressed my gratification at the promp*- 5 ong is ree has pase dons. z fall ave the honor to be, air, vi e0'fully, your obedien! Deore! Lites CB. Hon. Danret STER, Secretary of State, Washington, D.C. (The letter of Lord (Granville, referred to in th abovo pote, was published exclusively intae N Yoru Hexaup of the 12chinst. } a New York Liguor Unvw,. AN ACY entitled su wot to prevent pauperism, crime and taxation, by the euppressioa of the trafio in intoxicating liquors. The People of the of Nae York, represented tn Senate and Assembly, do envet as follows: — _ Section 1. No person shatl be atiowed at any time to se!l, by himself, bis olork, servant, or agent, Girectly or indirectly, or to sell or furnish under pretence of giving any spirituous or intoxicating liquors, or any mixed liquors, a part of which is spirituons or intoxicating, except as hereinafter provided. Src. 2 The supervisors of any town, and the Insyor of any stl, onthe first —-. — annually, or 48 roon thereafter as may be convenient, mey appoint some suitable porson in each tewn and city, or ward of any city, as the agent of anid town, city, or ward, to geil at some central and conveniont place, within said town, city, or ward, spirits, wines, er other intoxicatin, liquore, to be used for medicinal, movhanical and sacramental purposes, and no other, and said agent sbail receive such compensation for his services a3 the officer appointing him ehall prescribo; and shall, in the ealo of such liquors, conterm to such rules and regulations as the saporvigor or the mayor aforesaid shall prescribe for that purpose And such agent, appointed as aforesaid, shall hold his sitvation for one year, unlese soonor removed by the officer from whom he received his appointment, one may be at any time at the pleasure of said cficer, Sec 3. Sach agent shall roceivo a certificate from the officer by whom he has been appoiated, guthorizing him, es the agent of sush town, city or ward, te sell intoxicating liquors for mediciaal, mechanical or sacramental purposes only; but such certificate shall not be delivered to the person so appointed, until be shall have executed aad deliv. ered to said officer a bond, with good and sufficignt sureties, in tho sum of six hundred dollars, in sub: stance as follows:— — oO! Know sll men that we —— as principal, and as euroties, are held and firmly bound to the inhabitants of the town of ——-—, (orcity as tho case may be,) in the sum of six hundred dollars, to be paid thom, to which payment we bind ourselves, our heirs, exeoutors and administrators firmly by these presents. Sealed ance soals, and dated this —-— day The condition of this obligation is such, that, whereas the above bounden has been duly appointed an agont for the town, oity, or ward of , to sell within, and for, asd on account of eaid town, city, or ward, intoxicating liquors for medicinal, mechanical and sacramental purpsos, and no other, until the of ‘4. 0D), ——— unlees sooner removed from such agency. Now, if the said shall in all respects con- form to the provisions of tho law rolating to tho business for which hois appointed, and to euch rules and regulations as now are, or shall bo from time to time established by tho offisor making tho appointment, then this obligation to be void; other- wie to remain in full force. Seo. 4 If any person, by himeolf, clerk, servant, or agent, shall at any time soll spirituous or intoxi- cating liquors, or aay mixed liquors, part of whigh are intoxicating, in violation of the provisions of this act, he shall forfeit and pay, on tho first con- viction, ten dollars and the cost of prosecution, and shall stand’committed until the same be paid; on the gecond conviction he shall pay twonty dollars and the costa of prosecution, and shall stand com- mitted until the same be paid; on the third and every subsequent conviction he shall pay twenty dollars and the costs of prosecution, and shall be imprisoned in the common jail not loss than three or more than six months; atd ifany clork, servant, agent, or other persons in the employment or en the premises of anothor, shall violate the provi- sions of this section, he shall be held equally guilty with the principal, and on conviction shail suffer the same penalty. Seo. 5. Any forfeiture or penalty arising under the above section, may be recovered by summons or complaint before any justice of tho peace or judge of any municipal or pelico court in the soun- ty where tho offence was committed. And the for- feiture so recovered shall go to the town or city where the convicted party resides, for the use of the poor, after deducting the costs of prosecution, in- cluding counsel fees; and the prosecutor or com- plainant may be admitted as a witness on tho trial. Andif any supervisor or mayor shall approve of the commencement of any such suit, by endorsing bis nameupon the summons or complaint, the do: fondant shall in no event recover any costs. And it ehall be the duty of the mayor and aldermen, or overreer of the poor of any city, and the suporvi- sor or overécer of the poor of any town, to com- merce an action in behalf of esid town, city, or ward, against any porson guilty of a violation of any of the provisions of this act, on being informed Me vee same, and being farnished with proof of tho fact. Sec. 6. In case the mayor, or any alderman or overseer Of the poor, or suporviser of any city or ward, or the paper or overseer of the poor of any town, shall fail to perform the duties assigned him by tholast preceding sestion, any other person may assume and perform the same, in the name of the overecer of the poor, or supervisor, by giving surety to tho court or oflicer before whom hé proze- cutes, for the paymert of all costs,if he shall fail to recover judgment, and making oath that the said overscer or supervisors has had (10) ten days notice of the offorce and bas neglected to prosecute thozame, andin all cages of such recovory undor this seetion, one half of the sum recovered shall go to the complainant or person progeouting in tho namo of such supervisor or overseer of the poor. ‘Sec. 7, If any person shall claim an appeal from ajudgment rendered against him by any judge or justice, on trial of such action or compiaint, ho shall, before tho appeal be allowed, recognise inthe sum of one hundred dollars, with two good and suf- ficient suroties, in every caso s0 appealed, to pross- cute his appeal, and to pay all costs, fines, aud pen- eltice, that may be awarded against him, upon a final disposition of such suit or eomplaint. And beforo bis appeal shall be allowed, he shali algo, in every care, givo @ bond, with two other good and suflicient sureties, ranning to the town or city where the oflence was committed, in the sum oftwo hun- dred dollara, that he will nct, daring the pondoncy ef such appeal, violate any of tho provisions of this act. And no recognizance or bonds shall be taken in cases arising undor this act, except by tho jus- tice or judge before whom the trialwas had. The forfeitare for all bonds and recognizancea given in purevance of this act, shall go the town or city where the offonco was committed, for tho ase of tha poor, and if the recognizances and bonds mentioned in thin seotion eball not be given within forty- eight hours after the judgment, the I shall not be allowed; the defendant in the meantime to stand committed. Sco. 8. The mayor of any city, and th visor of any town, wheneve at of je auper- bond giv has been cow plained of, and if uy the]! appenr that a And whenever a@ b b to ty the same Sce 9, No pereon e ip intoxicating lic upon apy jury ard, when info the court that any momber of any panol is on E in such trafiic, or that he is believed to be so on- geged, the court shall inquire ef the juryman of whom such belief is entertained, no answer him in an, answer ¢ © arising under this act; but, if he s! fi Y, ho shall bo incapable of serving on any jury in this State; but he may declive to acewer, in which caro he shell be dwoharged by the court from allfurther attendance ay & juryman Seo. 10 All casos arising andor this act, whethe dy sotion, indictment, or complaint, shall t cedénce in said court, of all other bus those criminal cases in which tho par a and prosecuting officer shall not have an ‘ enter @ violle prosequi, or to put the caure over, in ery case arisin; ‘ purposes of justic: all require Seo 11. If any three persons, voters in the town oreity where the complaint shall be made, sbail, before any justice of the peace, or jndge of any ma- nicipal or police court, make complaint, under oath oraflizmation, that they have reaton to bo! and do bolleve, that eplrituous or intoxicating liquors are kept or deporited, and intended for sale, contrary {othe provisions of this act, by any person not id city, ward, or town, under the provisions of this act, in any storo, shop, warchouse, or other building or place in said city, ward, or town, eaid justice er judge sisal! iseue his werrant of search to any shoriff, cit or to any constable, or special 0, to be appointed by the judge z deputy, or comtabl » Who shall proceed to search the promise? ic 1 d in enid warrant, and if any spirituous ¢ ‘oxicating liqnors feund theroin, ho sh soieg the some, and convey thom to some pr af 1 | | rant tho lig piace of security, where ho shall keep thom until inal action is had therein, But no dwelling house inwhioh, or in part of which, ashop is mot kop‘, shall be searched, until at least one of said oom- plainants shall testify to some act of sale of intoxi- oating liquere therein, by the occupant thereof, or by his consent or permission, within at lesse one month ofthe time of making said complaint, and contrary to this act. And the owner or keeper of liquors seized as aforesaid, if ho shal! be kno wa to the officer seizing the halt bo summoned forthwith before the justi dge by whose war. wore seized, if he fails to ap he can show, by positive proof, that re of foreizn production, that they | Lave boon impored uader the lsws of che Uaicod States, avd in accordance therewi:h, that they aro contained in the original packages in which thoy were imported, and in quantities not less than tho laws of the United States prescribe, or are io casks containing at least thirty gallons, thoy shall ba do- clared forfeited, and svali ba destroyed by authority of the written order, to that effeot, of said justice or Judge, aod in his pretence, or in tho prosence of some pereop appointed by him to witnoss the destruction thereof, and who shall join with the officers by whom they shall have been date, ed in Shrerting the fact upon the back of the order, by authority of whioh it wasdone. Andif the owner or possessor of any liquors reised in pursuance ef this section, shall set up the claim that they have been reput i * ported under the laws of the United Sta that they are contained in tho original pac A tke custom house certificates of importation, and proof of marks oa the case or packages oorrespond- ing therete, shall not bo received as evidence thas the liquors contained in the said packages aro those actually imported therein. Seo 12 It shall be the duty of any mayor, al ler- man, supervisor, assessor, city marshal, or deputy, or censtablo, or police officer, if he shall have imfor- mation that any intoxicating liquors are kept or soldin any shanty, hut, or place of any kind, for seliing refreshments in any public place on or near the ground of any oattle show, agricultural exhidi- tion, military muster, or public occasion ef any kind, to search such suspected place, and if such officer shall find upon the premisos axy intoxicating drinks, ho ehall eeize them, and arrest the keopor or keepers ef such place, and take them forth with, or 28 soon a3 may be, before some justice or judge of a municipal or polise court, with the lijuors so found or twized, and on proof that such liquors are intoxi- oating, that they were found in possession of tho ac- cused, in o tent, shanty, or othor placo as afore- said, bo or they shall be sentenced to imprisonment in the county jail for thirty days, and the liquors so feet suall be destroyed by order of said justice or judge. Seo. 13. If any person arrested under the pro- ceeding rection, and sentenced as nforesaid, shall claim ap appeul, before his appeal shall be allowed, ho shall give a bond in the sum of one hunirod dollurs, with two good and suflicient suroties, that he will prosecute his appeal and pay at! fines, costs and peualtics which may be awarded against him. And if on such appeal the verdist of the jary shall be sgainst him, he shall, in addition to the penalty awasded by the lower court, pay a fiao of twonty dollars. In all ca:es of appeal under this act from the judgment of a justice or judge of any municipal or police court, to the county court, they shall be conducted in said county court by the District At- torney, and said officer shali ba entitled to receive all eozts taxable to the State in criminal proceod- ings under this act, in addition to the salary allo v- ed to such officer by law; but no costs in such oaees thall be remitted or reduced by the prasecut- ing officer or the court. Inanysuit, complaint, in- dictment, or proceeding, against any person for a vio- lation of any of the provisions of this act, other than for the firat offence, it shall not be requisite to set forth particularly the record of a former conviction, but shall bo sufliciont to allege briefly that such erson has been convicted of a violation of ths fourth section of this act, or a ommon seller, as the case may be, and such allegation in any civil or criminal process in any stage of tho proceeding bo- fore final judgment, may be amended without terma, ardas a matter of right. Sec. 11. All payment or compensation for liquors sold in violation of law, whether in monoy, labor, or other property, either real or personal, shall bo held and considered to have been recovered in vio- lation of law and without consideration, and against law, cquity and good conscience ; and all sales, transfers and conveyances, mortgages, liens, or attachments, pledges and securities of every hind, which citber in whole or inpart shall have been for or on account of spiritous or intoxicatin; liquors, shall bo utterly null and void against al persona and in all cases, end no rights of any kind shall be acquircd thoroby; and in any aotion, either at law or equity, touching such real or per- sonal estate, the purchaser of such liquors may be a witnees for cithor party. And no action of any kind shall be maintained in any court in this State, either in whole or in part, for intoxicating or spirit- uous liquors sold in avy other State or country whatever; nor ghell any action of any kind be had or maintained in any court in this Stato. for the recovery or porsession of intoxicating or spirituous liquose, or the value thereof 15, Allacte inconsistent with this arc hereby repeakd. This act shall take cffeot on the firat Monday of July next, and no Jicense to sell intoxi- ewe dzinks shall bo valid from and aftor that jay. peer, Obituary Botice, DEATH OF SIR FREDERICK PMILIPSE ROVINEON, FOR- MERLY OF NEW YORK—8KETOH OF TUL LAMILY OF PRVERLEY ROWINSON. On Now-Year’s Day (Jan. 1, 1852) Sir Frederick Philipse Robinson died, at his residence at Brighten, England, at the advanced ago of cighty-sovon. ‘This baronct was a native of Westchester county, in this State, and was tho last surviving son of Colonel Beverley Robinson, £0 distinguished in the American revelutionary war, and in tho annala of New York, for his adherenso to the British cause, and the part he bore in tho services of the crown. Sir lrederick, at the time of his death, was the oldest soldier in tho British army, having been within a month of soventy five yeara in the service. He entcrodas ensign in leb- tuary, 1777, when @ mere boy, and gradually roso tothe renk of Major General, in 1814, and subse quently to that of Lieutenant General. He served five yoatsin the American war of the rovolution, and was present at soveral battles fought during that period. After tho poace of 1733, he went te England with hie father, and was continued in the army. Subsequently, in 1791, he served in the West Indies, and was present at the captura of Martinique, St. Lucia, and Guadaloupe; also at tho storming of Flour d’Epéo and the heights of Palmiste. In 1812, Sir Frederick joined the army | bastian, being severely wornded on the latter occa- | June, 1814, Major Gener | War with the United States, and ¢ in tho Peninsula, under Wellington, and caw much hard duty. He was at the action of Osma; andin the battle of Vittoria, 1 he commanded tho brigade which carriod tho village of Gnmazsa Mayo, without firing one shot. Ho was also | present atthe firet and sccond arsaults on San Se- | sion; at tho paseage of the Bidason; reconnoizance before Bayonne; at the the grand | tle of the ceded to the | on of the army. Ia | rent to North t to Cana: ig the merica, with the force: troops intended for the kof Pla ved ordere to retire, after ege of the Saranac unt.) Soon afterwar Commander-in Chief, and Prov the province of Upper Canada, wh be held until Juno. land, he embarked and the scone saw and recollect tohim. For his '&, he recoivedthe | boners of knighthood, and was awarded medsl, with two clasps for Vitto Sobastian end the Nive His James Hamilton, for s Braz ‘The family of ( tlonry, Who was arth, enjoyed Col 's heepitality in New York, while he wae city during the war, and the circumstance hing to the advan ne wore unqu in this may have contributed soz rove them into exile. Towards the loyalists, tho b. itish governmont evineod muck liberality, and if viewedas ® body, (saya Sabine, in his History of the Loyaliste,) the cempensation which thoy re- ed probsbiy fully covered their loss ‘The aggregate of the money grante by tho Britieh go- vernment to the loyalists, was but little ehors of sixteen millions of dollars; besides tracts of lands, pensiore, and offices. | . We give the following sketch of the family of Col. | Beverley Robinsom, whose five sons—viz : Koverley, | John, Morris, Frederick, and William Henry—all on the retiromont of Gov. Gioooh. Bev: Robin- son emigrated to Now York, and married Susanna, daughter of frederick Philipse, who owned an im- mense landed estate on the Hadsonrivor. By this conaeotion Mr. Kobioson became wealthy, and moved in the first circles of society in this city and vicinity, In 1756, while Washington was o1 vieit to the North, he was lodged and entert: at the house of Mr. Robinson, between who: nd himself an intimacy of friendship sisted which continued without change till sevored twonty years afterwards by thoir opposite fortunes in tho rev lution. [t happened that Miss Mary Philipse, sister of Mrs. Robinson, and a young lady of rai accomplishments, was an inmate ia the family. Tho charm of this lady made a deep iapreasion upon the keart of the Virginia colonel, who, on his return frem Boston, wags again welcomed to the hospitality of Mr Robingon. He lingered in the city till duty called him away; but be never saw the lady again till she was marriod to Capt. Koge Morris, bis former asso siete ia arms. and one of th aide of Gen. Braddock, 't is believed that this lady, her sister, Mra. Kobinaon, and Mrs. Margaret I[n- glie, wife of Rev. Dr. Inglis, wore the only fomales who wore attainted of treason, and their property confiscated by a logislative act, these ladies being named in the confiscation act of the State of Now York. But it appeared in due season that the con- fiscation act did not affect the rightaof Mrs. Morris's ohildren, who, in 1309, sold their reversionary in- terest in the estate to Jobn Jacob Astor for £20,000 sterling When the revolutionary war commencod, Colonel Bever!ey Robineon wae living upon that portion of the Philipse estate which his wife possessed, and there be desired toremain in the quiet enjoy— ment of country life, and inthe management of his extensive domain. He was opposed to tho measures of the British government, gavo up the uso of imported morchandiso, and clothed him-elf and his family in fabrics of domestic manu- facture. But he was also opposed to American indepovdence, and the separation of the colonies from the mother country; still he wished to take no pait in the revolutionary contest. His own judgment was overruled by the importunity of friends, avd be entered the military service of the crown. Ho was appointed colonel of the Loyal American Regimont, raised principally in Now York by hiweelf; and he also commanded the corps cailod the Guides and Pioneers Of tho former, or the Leyal Americans, his gon Beverloy was liouw- nantcolonel, and Thomas Barclay major. [sides hy miltary duties, Colonel Robinson was employed to conduct several affairs of consoquence. 1a tho treasen of Arnold, hia name and acts ocour continu ally, acd itis supposed that he was acquainted with tho traitor’s purpote before it was known to the British commanding general, Sir Hoary Clin- ton, or apy other person As the plot matared, he accompanied Majer Andre, in the Vulture sloop of war, wp the Hudson rivor; bat failed in bis most material desig After Andre’s capture, trial, andconviction, Col Robinson was sont up tho river by Six Henry Clinton, with three commissioners, to endeavor to effect the release of Andre. Ho had previously addressed Gen. Washington a letter on the subject, having been formerly a personal friend of the Commander in Chief. Celonel Robinson, at the peace of 1783, with a part of his family, wont to England, where he lived in retirement, und thore closed his days, at hie residence near Bash. Ilis wife died at tho same place, in 1422, at the age of ninety-four. Tho Robinson House, which was his residence, on the Hudson, and which bas be come of bistorical intorest, is still standing, aud a view of it is given in Lossing’a Field book of tho Rovolution. It is situated within two or threo mves of West Point, and on tho op- posite, or eastern side of tue river. Beverley, the eonof Colonel {obingon, and Lioutenant Colonel of the Loyal American Rcgiment, commanded by his father, retired to Nova Scotia at the clos» of th revolutionary war, residing firat at the town of Shelbarn. from thence he went to New Bruns- wick, and resided at St.John. He wasa member of his Majesty’s council, ‘and an officer in the colo- nial troops. He died in 1816, at New York, while on a visit to two ofhis sone residing in this city. In the Confiscation Act of New York, by which his estato was ferfvited, and he was attainted and banishod, he is styled “ Bororloy Robinson tho ounger.”’ He lett six childron, viz: Beverley i obingen, of this city, counsollor at law; Morris, who was cashier of tho branch of the United Statos Bank in this city, and afterwards Prosident of the Mutval Life Insurance Company, and who died recently. A daughtor of Beverley Robinson mar- ried Alexander Slidell McKenzie, of the United States navy ; and the remaining children, two cons and a daughter, reside, we bolicve, in New Brung- wick. Three other sors of Colonol Beverley Robinson the eldor, and brothers of Sir Frederick, acsepted commitions under the crown daring the American revolution, viz: Morris, John, and Willian Henry. Morris was a captain in the ()ucen’s Ran- gers, 8nd was continued in commission after the i At tho timo of his deceass he was a nelinthe Britisharmy. Ho died at Gibrel in 1815, aged 56. His wife was _o. sister of Captain Waring, of the British navy. Threo of hissons obtained commissions in the British army, and inthe navy. Jvhn, son of Colonel Beverley Robinson, during tho Amorioan rovolution, was lieutenant in the Loyal American Regiment, com- monded by his father, and after the peace settled in New Brunswick, where he embarked in commercial pursuits, and held di publisstations. He died at St. Jobnin 2 67, leaving five sone, of whom four have all beoa distinguished in the British colonial service, in the province of Now Brunswick, and one entered in tho British army. - Sir William Henry Robinson was tho youngort fon of Colonel Beverley Robinson, Senior. He accompanied his father to England, and was ap- Telnted to a place inthe commissariat department of tho British ermy, of which, at his deveaso, he wae the kead. For his long and faishfal sorvices he reccived the honor of knighthood. Ho died at Beth, Mngland, in 1836, aged 71. Lady R his rolic', died in 1813, at the age of 75 liam was named for his Majesty Wil Fourth of England. His wife was © denghter of Cortlandt Skinner, Attorney of New Jersey, who was a loyalist, and a brigadier general in the service of the crown during tho re volution. Sir William Robinson left a son, a oap- tain in the British army, and two daughters, one of whom married Major General Smelt, of tho Bri- tish army, and the other married her cousin, also an officer in the army, and son of the ion. John Robineon. A relative of Colonel Beverley Robinson, named Christopher Nobinson, wag an oflicer in the Queen's Rangers. He settled at St. John, New Brunswick, after the peace of 1733, but removed to Neva $ tia, and was a crown officer in that colony in IN13 He went subsequently to iad Canada, whore he died. His son, Hon John Kevorley Kebinson, haa been one of the moet eminont public menin Canada, and was in several battles in the war of ISi2 obingan, ir Wil Presidency—Letter from Senator Kusk The Jan. 14, 1852, Dean Sm 1 knowledge the i mt. The only di te the questions propou H tl to do injury, by and impairing the and their rervants, wh f ; porsepal benefis est motives of action are hopes of rather than public good Thave not the vanity t¢ suppose fer a moment that this frank avowal of my preference for General Hovston, as the de atic Candidate forthe Pre- tidency, will bave any weight, or operate to any extent upon the opiniess of the people, but havo been induced, in compliance with your request, to express my confidence in and friendship to tho dis tinguished individual respecting whem your inqui- ries were made, lest my failing to dose might bo _ entered the British army, and continued through Life loyal eubjeots of tho Britien crown. Col. Bover- ley Kobinson was a son of the Hon. John Robin- | con, of Virginia, who was President of that oolony | construed into a want of interest in his behalf, or a dietrust of bis popularity and oapaoity. lam, With great respect, your ebodiont servant, .Tao. J Kean, ‘Pransiations from the Sew York Gorman Press. LIFE AND DOINGS IN WASHING TON—KOGSTTH AND THE FILLMORE PREAS. C ‘The Republic in their denunciations of the Hungarian eause and ita representative, Louis Kossuth. Who one stops chattering the other commences. Somstimos they are sadly in want of matter—if then there come? a lotter with the Atlantic post, frem @ Batthyany, Ks- terhary, Snemero, or frou some other vain, sound. ed, or treacherous artstocrate. in which these misé rables atiack Kossuth, the Fillmore organs fall with avidity upon it. That the enemies of Kossuth in his Ow Oountry areulways among the nobility, that Kossuth's name is with poople equal to that of @ saint, and even included in the prayors of the peo- plo, pee anoti-republican press in Washington know nothing to communisate about this. Mon as Eee terhazy and Batthyany wish not for a second Ham- grian revolution, because they are confident thet shersh the splendor of the magnates will bo at an end—that the second revoition oan only establish therepublic. Ifour President Fillmore possesses as much intelligence, porspicuity, and koowledge of his Calne asshould be expected froma man in his position, he cannot be ignorant how muoh the republican sentiment of the people, the digni- ty of all good citizens is wounded, how his government will be constantly lowered in the publi opinion, if the organs of the goverpment imitate, even to-day. ‘ourter and the Haratp of New Youk,in a ner that, suth they place @ laudation of Lola Montes, and do not forget to repeat, a hundred times, that Kom suth and tho danseuse came in tho samo ship to the United States They oversee that all this cannot feaines any humiliation of Kossuth’s character, ut that they thoreby lowor themsolvos and their master, Fillmore, in the public opinion. But the people will not be without an answer to this com temptiblo and undignified conduct—they will a the quarters in Washington of the casual Prosidaut, and of all his adherents. Wo entertain the hope that all tho democrats of tho Union, from higher motives, will drop all factional differences in rela- tion to the Presiden:ial candidate, and will unite in favor of the man propored by the Baltimore convoa- tion—that man will bo LowisCags. Allshades and hues of the American democracy should unite to form one body, in order to bring about that opooh of whieh Huelaoman spoaks in his work upon the Amerioan demooracy, written thirty years ago, and which is not only a moro interost, but an active par ticipation in tho developement and condition of Ce ropean States. . (From the Staats Zeitung]. Tho speech delivered on Toursday last, by Cle- mens, in the Senate, upon non-intervention, proves at once very palpably that age does not protest from folly, and that with moderato heads it leads toceprice and venality. That Kossuth’s doctri would exporicnes an obstinate opposition from tl materisems of federai whigs was to bo easily ex- pected from tho wholo history of this party; but that this opposition could manifest itself in tae Sonate, in suoh a dirgusting, inimical, envious, and pom- pous manner, does certainly not much crodit te this high legislative body. When United States Senators bel ow constantly about declarations of war ageinst Kuseia, Austria, &», in ordor to ope- rate against the establishment of tho doctrine of wen-intervention, whon no person asks for sush declarations of war, and while itisa thousand times declared by Kossuth, Cass, Seward, and others, that the tenor of a war ia altogether superfluous, then of course every reasonable inves- tiation of the subject terminates. Clomens and his associates in opivion disclose their true charae- ter in a very stupid way, whon they constantly calf Kossuth “a no aly arrived foreigner and strangor,” and represent the opinion of the South ina manner that calls forth wonder and surprise. We wore ae customed to took for the liveliest sympathy fer oppressed nations principally from the South, be- cause ths example of Texas, Yucatan, Cuba, &o, appeared to justify this opinion, ifwo must not be- lieve that the enthusiasm of the South for the free- dom of Texas, Yucatan, and Cuba, was morely a cloak for mean avarice. Synators who are in ter- ror when it is said that tho British government pe- titiong only for the liberation of the transported Irish patriots, must certainly crouch and shrink when it is rumored directly to tho Itussian bear that we cannot agreo with his policy of intorventien. TEMPERANCE. [From the Demokrat, Feb. 16 } Death to all wine, beer, and whiskey drinkers! Destruction to all inn-keepors, grocers, wine and brandy importers, avd all thos dovils in human shape that are engaged in vending tho intoxicutin, poizon! In water alone is redemption and hap ness to bofound! Thus it resounds in all quarters and corers of New York. Mectings after mestings are being held, placards upon placards are posted up, petitions upon petitions are put in circulation; in @ word, everything ia resorted to that will bring about a complete revolution in the liquor traffic, as bereioforeesteblished, Priests and old wives, fools and school children, broken down drunkards ond enervated debauchees, bad politicians and hung oflice seekorc—and there is a multitude of rH rabble—aro united for the purposo of im posia, upon the people of the S:ate the water law, so fatal to the personal freedom oftho citizen. Tho Legis- Jature ure bosieged with tho most nonsensical peti- tions, to whioh hundred thousands of signatures are attuched—the signatures, ho r, being rs merted by every possible mea: Every subject that can bo hunted up must sign, and it is believed that many atemperanee housekeeper has put a uill into the claws of his deg or cat, and carried the paw across the paperin various directions, until a namo is scratohed upon it, whioh is to represent the four footed beret iprity man. These temperance men havo collected millions already, in order to carry on their agitation with effect, and a tem ance paper is published, embracing 200,000 | which is distributed gratis, besides the multitu othor temperance tracts. With such a forco the Tomperangs Alliance is repared ; but wo ark, What is the party of free- om, and particularly the Germans, doing, in order to oppose this servitude, which threatens thom by the introduction cf this law—a law which will oir cumscribe liberty to such on Gages, that every free man must allow himself to bo told what he caa drink, and which will restriet or completely demo- What is done lish the just earnings of thousands? on the part of the German popniation of New York? | Answer—Nothing, nothing, nothing. We look ' Geeta teas yoke is upon our necks, when we W on begin to cry, to get infurial swear, and to ball the iste S safc German countrymen! will you, who have esoay the servitude in our old fatherland, and who hope to find liberty in America—will you iently suffer, in this so called land of freedom, the imposition of & yoke much worge than that of any Earo tyrant? Will you pationtly suffer that the prieat- | hood andite adherents should succeed in command- | ing you, as slaves, what you can and what you must drink—that &ro probibited to obtain your bread, and maintain your families, by an honest business! Awakon, at length, fram your somne- | leney, and Isy the power of the German element of cale of the Amorican frieads of ( may bo soon that the mae the State of New York, and ation, are not at all Inelined to rable temperance law, and taken in the Legislature to frustrate temperan t free jeri w » Mgapows.—The editor of the has recontly visited the Vere m end gives an account of what he wit- a prisoners ara now en- fessrs Lamson, Good- extensive snaith ermuient for the hop which £ diligeatiy en peand Leen et a terror to any ons b prison wnifor stick as diligentl. d rascals around that I received the informa- dent, that the ordinary person- anding wee the rogue whose vil- any ® Dewapaper paragraph, and tied in a yellow ‘red volume, fellow, he is the very per- d iia whole air and nes fact the temper is thoro When he first came here, he attempt- 1 over the other inmates, and to tak * which vone of them dared to do; but they have & way here of pereuading people into eub- sod Lill toon learned thar be had fimally not ® convict im associate of Bris- every way superior, exoept im Menlows eograver of more cil) and Dis reputation secures him oom- nent Among the engravings which he ov his confinement, is that of the Island lows Failz,ae beautiful specimen of em is of architecture, He also em- yer On & piece of silver little team a dime, which is inserted in the head of Scams. longing to one of the ctitcers of the prisoa. Every let- ter, thou ery minute, is beautifully distinct. At the {wo of iy Visit, be was engaged upom an engraving ef | the Hygeian Mouse, Amberst, Mass. Thad « brief com ith him, in which he displayed an iatelligenee t er thiogs thana confinement in state indicated that he stil retained nd should he survive ths term for Which he was sentenced, it may well be hoped that he will be@managain, Itis Meadows’ misfortaue to bave too little force of character to resist tho temptations of artful rcoundrels, and he hae thus been led to the com- solesion of ofimer from which he would have shruak with abhorrence, if left to himself, In tho same room with Meadows was Slingeriand, the man reventiy convicted of obtaining pensions by forged papers. 1s was repor At tho time of bis arrest, that he was a lowyer, but Cam gind to be assured that he was nothing more « © pottifogger. : Expanex oF 7 (ROAD CONsrira- rons—It is maid that the oost of trying the Michigan faliroad censpirators amounted to $91,801 36, This ts all legally chargeabio to the county of Wayne, bat the company voluntarily assume to pay $47,434 Oi, bad even b lorteed of ed to ne foere is