The New York Herald Newspaper, March 25, 1852, Page 2

LOCAL MATTERS. The Trade Sale of Books. The semiannual trade sale of books, by Bangs, Brother & Co. Park row, is now proceeding in this city, It is the Sfty-fifth sale of the Now York Trade, lt commenced on the 17th instant, with the sta- tionery. and on Monday with the books. These trade snies, by Bangs & Co., and by Lyman & Rawdon. are pe- culiar (9 this country—there being nothing like them in Fagiand or on the continent of Europe, if we may except the great Leipsic fair, which, however, is not exactly the Congress. Last ovening, a mecting of the Industrial Con- gross was hold at the New City Hall, Dauicl Willis, presiding. The subject of tho Maine Liquor law was takon up, being the order of the day, pursuant to postpone- ment from the Iast evening. The resolution uader discussion was as follows:— Whereas, A proposition ia now before our State Legis- lature to restrict and abolish the Liquor trade ; sd, of society, but more merely the poverty. pauperism, and crime resulting from it, fail heaviest upon them ; and, whereas, it is the manifest duty of government to restrict and extinguish every source of evil in our midst, Therefore Resolved, That we, the Industrial Congroas of this city, hail with pleasure the efforts now being made to suppress the sale of intoxicating drinks; awd we would cor recommend the law commonly known as the Maine Li- ‘The New York Trade sales, which take place iv March and September, are, for the most part. exchanges of books between publishers and booksellers. The genoral public have nothing todo with them, as not leas than a certain number of copies of each work will be sold to a purchaser, *Dhese asies are productive of great mutus! convenicace to the trade. One bookseller has a number of copii book on his hands that is not very saleable, and he wishes to get rid of it, and to purchase some copies of snother book or books instead, He is enabled to do this without the expenditure ofa cent—perhaps he will receive money, iu balancing his account. Another bookseller or pub- Lishor wishos to sell as many copies as possible of a new work he has brought out; and if it is “a good one to go.” nearly all the trade will take some copies, Contributions to the soles consist of not than four copies of a work in quarto, ten copies of a work in octavo, and twenty copies of duodecimo. Above these numbers dbere is no limit. The contributions to the present sale ngs & Co. exceed two hundred in number, The catalogue constitutes an octavo volume of nearly 400 pages: and the sale will occupy « fortuight, from 8 o'clock in the morning till 11 o'clock at night. A very large pro- portion of these books consists of the veriest trash—novela, and sil sorts of light reading. There are also school books. religious books. histories, biographies, travels, &e The begins with a dejewner, at which champaigne and other good things are spread bofore the guosta, in or- der to put them in spirit for the bidding Adjournment for meals take place regularly; and the auctioneer is re- lieved by a successor. at certain intervals, When a book is knocked down at a certain price, every person has the privilege of taking as many copies as he pleases; and he signifies the number either by calling it out, or by hold- ing up three, four, or five fingers. or ten fingers, as the ease may be, The expertness with which this operation is gone through is really astonishing. At the close of the alc. the account of each person is made out, and the ba- anccstenck against or for him; and though he may have od many books, he is not necessarily on the debtor to secure that end. On motion, it was ordered that the debate bo open, without restriction as to those who had spo- ken before, till all had a full opportunity of address- ing the Congress. itr. Joun Waite said he was not di back out of this debate. One half of the ol against the bill had not been yet heard, and it was one had an opportunity of expressing his opin- ions. If, however, the gentlemen in favor of the law had come here to carry it in spite of discussion, then discussion was useless. He would call the atton- tion of the Congress to ten evils, with which soviety was afflicted, und intemperance was but one of thom. The ten scourges were pauperism, ignorance; slavery, war, intemperance, prostitution, diseaso, fraud in trade and commerce, crime, and general supe, or double dealing. (Great laughter.) These ten scourges are continually with us, and spring from one grand source—despotism, or the monopoly of the land, which includes the oppression and degradation of labor. ‘The great object was not to get rid of a single one of these ovils, but of the whole together, by going to the fountain head. In- temperance was but one of the sircams that flowed from the mountain top over the plain beneath. What is the principle involved in the resolution be- fore us? The social practice of drinking malt and distilled liquors has prevailed for many years in the land, and the best men have been in the habit ofin- dulging in it. It is not long since the common hos- pitalities of the country could not be performed without these drinks, and the custom pervaded all society. Of late, however, on account of the adul- teration of liquors, less of them had been drunk. Some persons, too, had been seized with delirium tremens, in consequence of excess. But the abuse of a thing was not a good argument against its use. If the principle was a sound oug, it ought to be ap- ale pure: iokde:. ‘The tena ware aa Solloye = - plied toeverything else. Many abused themselves On 9! purchases from the whole cataloeus. amounting | hy fornication; but that was no argument against to $700 and upwards. four and six months’ credit; on | the legitimate intercourse of the s This ques- icy ‘aC ne hectare, be ii ae 4 ee) nd} tion was of the same character as the Sunday mail Ee Ee ocak x Gomi) bur- | law which was introduced into Congress, and was che than $100. bh A discount of 1 per cont will sated by R. M. Johnson. The: denahioal dose be alowed on all purchases exceeding $1,000. Approved ea re by i me & i vol : ae * re ie an ce a end i notes, to be dated on the first day of saic, and | Wines were but the remnant of depotism handed down to us from the past, and ought to be repudi- ated by every freeman. On the lasi night he bad said that this law was like hunting a flea on the mountains of Isracl. A gentleman had taken that to himself, but it was only a quotation; he did not mean any personality. He had also shown the ab- surdity of an article in the New York Tribune, which maintained that drunkenness was the cause of crime. It was not the cause, but the attendant of crime. A benevolent man wus rendered more benevolent than ever by a jolly glass. (Laughter.) Mr. Aprauam G. Livy d, on the last mght, in reply to the gentleman, le merely said that though an Israelite, he was not aware of the mountains of Io in the city of New York. satistactory to the sellers quired; and bills must be settled before the de- of the goods. and within fifteen days after the sale; j bills not settled within twenty days to be subject dition of 1 per cent, and interest. insurance, and storage (o be charged until settled for; and all goods not setiicd for within thirty days to be re-sold on account of the purchaser, or returned to the contributors. Goods to be delivered to purchasers within thirty days from the day of sale. Often large advances are made to booksellers on the books sent for auction. At these sales, books are g purchased 5 | aper than they can h publishers, |) private bargain; and sometimes 15 per cent. Thoae whe ded econd hand books sometimes | the Holy Land being infested with fleas. sina of new works which they are thus enadled Mr. Bainry thought these persona! matters should t Me got rid of, a that the sod eed come te ; ‘ the merits of the question. The proceedings on tho ulate the sale. a committee of six of the trade nte | Test night were vory disereditable to them, = app ated. and the auctioneers have merely a commiasion | yfp. ‘| dhe was going to show that liquor for the svle. The charges, including commission, guaran- | was the greatest of all the causes of crime. It de- too, iu! cost. and discount, are nine and a half per cent. | prived man of his reason, and he ‘od to be the clear headed man God had made him. Not a single argument was yet advanced to show how liquor was beneficial to the human family. Mr. White had Books (o the value of perhaps half a million of dollars witl exchange hands; but the amount of money that changes hands is comparatively small, The attendance of the | sig that it was one of the ton plaguos, and no trade at the present sale is very large. and thare issearcely | doubt it was a plague. The only kind of argument a town in the State that is not represented; besides Phila- | he had ever heard in favor of intoxicating drinks was, that they made people honest. is was the argument of Mr. Camp, who delivered his locture to 360 persons, in Metropolitan Hall, which was fol- lowed in a few days by a meeting of testotalers, in the same building, at which thore were 5,000 persons present There was no beast of the forest guilty of the atrocity that an enlightened man was guilty of under the influence of intoxicating drink, by which @ human being, made in the image of God, was re- duced below the vileat beast, for no animal, or fish or fow! preyed upon its own species. Mr. Wuits wanted to know if the gentleman ap plied these observations to him. (Laughter.) Mr. Bark would call the gentleman to order. He must not draw inferences in that way. , Mr Levy denied that he referred to Mr. White personally Mr. Suerorr said he would not these personal remarks and nonsensical They were absurd. Let them come to the ques Ariphia, Boston. and the cities of other States. Horticultaral Soclety of New York. A meeting was held on Tuesday evening, in the Stuyvesant Institute, for the purpose of taking stops for the formation of a Horticultural Society. About one hundred persens were present Mr. I'LL was nominated aschairi ing, and called upon some gentler objects of the soci Mr. AnpREW Maytuorxeé said he thought it strango that no horticultural society existed in the fmpire City. The eetablishment of such a society vould be of great value. Other places had their Torticultural societies. Gardeners had no opportu- pity of showing the products of their industry Mr. JamEs Hove said thata seciety had been es- an of the meet- to state the ety. nd any longer tablishod in the city, and obtained a charter from the | tion fect gf fhe lia epg ie ke fund of ee aaian incor of sf madi: he spoke nonsense, it was the OF $5,000. | That society. wend RY Ttended to nonsense of a man who had not tusted liquor for iat YUM IN again, and he proposed an amalga- | twenty y He had been often compelled to sup- matic port the families of men who had left them destitute ‘Tho CaatRMAN reada letter from Mr. King, the in i through the exercise of their right to indu President of C a College, apologizing for non- | toxicating drinks. It was no right—even the Pt attendance, and is adhesio dent of the ®nited Sta had no right to drink On motion, it was resolved to name the s champagne, when any root family were hungry for « The Horticult of New York.” bread. (Applause.)” Look at the prisons Mr. Rowert B. Minturn was now ef the society; butas he declined to the nominat instructions to re of 795 of the inmates were there in consequence of intemperance Why should the people be support- ing so many hotels in splendor, which were no bet- ter than li (Murmurs and laughter.) He per- ceived a great many making * bums’ around him it was certainly not emanly, and he would sit down, as what he said w 10 distasteful. sell, W.C. H. Wadd thony, avd Shephe W. Crane; and for Mr. Sur the gentleman who last sat T. Hogg, and R. Cartis. down said Lnot been shi » who A committee of five gentlemen was apy ed to | took the negative side that liquor was beneficial to make arrangem: for Nie management. and to | the working men. This ground was ne taken, bring out an exhi onth of May next. | and it was not the qu ition. if The m: 6 that di tiaight. | the principle of the Maine law was right ught to to mee be ing tobacco, and to dri It had b y the gentleman Theatrical and Musical, ceded him, that 790 out of 795 of the inmates of the ‘on were there from the effects of liquor Bowrny Taratee —The entertaimm OT. | one of th t the s acquainted with a gentleman who in- this evening are the «am of the pre Lage jem rally msdetermined that no other est t prisons, and he found from him, and also | 4 coitise Hamblin acems determined that no other esta trom correspon with the ke that not one belie please tl hundre tual drinkers out of the whole Fourth avenue. between | establish number. nprisoned for heavy crimes y Coroner Lves was doubt, ti uniform men mprivone i to hold an inquest on the body; but as the fatal drema of Arrow a y was done owt of this county. it ix very « tl if or will fil id 8. . i warditl . Mt he Coroner has any author fully inte al drama ard |} We Vie the « « which o the de. Eddy, Stove: Cony. and | in inde “it he lih 1 conclude | the rowns row pr “ le Twing, eng by cay Ittakes away y which the deceased was biy agedian, | fort misfortunes, a guiee rom the position cc ahh viates } . found on, he believes ; way niust away. | ence before Uh 41 favorite and Ina Br and Mrs, Ab eho cant tle doubt but that Aarti . jepartment. The termi fj?! six Sadies Bewa Ww in ts a Cr I f : = : pend * inoney, | lision: the collision occurred by th Nino's Garpes.- far resort and heautif : 1 sat Chih head, | ahead of the Dover train hay of track F WV stconieheti shed Be nwa 5 for five ininutes when the. celli took place: T eowll paca anti ge rage \ ‘ ne have heen at the station at Williams!» in about two | Teagan ‘i \ hat wanted minute on ed f the wp m ~ a a « TT nd sinew train: I the the ¢ he must 1 city govermm have jumped from the train before the from th» menage ary 1 policem | distance he was picked up; none of my yp ers Wer? Lord Bette! he eR dag BOE sults, caused by the des injured that | could wscertain; Lheard the signal from will i n, Leach, Andre Ee Boon As The Commen Council had as lite | breaking « he time of the collision we were about : bcp io leense & IW a pickpog. | three-fourt from the sta t Williams. Boe Agr e¢ aunounce for ket ‘0 a Wei Pe neta ww, | Uridge: I r at the rear train; by this ever fe fon. embracing 1 | ee eee of unprineiplel men to go | 2ce,outh wt he way | the cast of cbara members of th arches : Troe Gad bho cul poet bathed iaioes ecuaiy ol The Maine law was the only rains ie Was a th ware, Burton, aa ie case. Ht rdat the time; 4 person Dyott. Blake, Lester, Bland. and Johnston, together wit i her. This was re | twenty yards ahead Bra. Dyott, Miss Weston and Mary Ts y the only one in whi | . 1, saye—I war conductor on took care of the people. Ja monarchical govern. | board the up train on the 17th instant, at the time of the tee I beri cy ep | collision; Larrived at William's Bridge ab ten minutes inents laws were ned to protect the crown core: ak lock, Whieb waa Fight time to-erriy here the lowliest child might rise to the posi | atte Wadithig tea sC acum dive to elant’ seitaten, thw Sree | Natioxar, Tararee.—Purds’s indefatigable exertions | the executive chair, like Mr. Van Buren, who rose | jayen train came up behind us; we ewitehed off. and let continue to be wel by the public. By from a poor boy to that position. He had +) them pass; we backed down agnin upon the matn track theatre is rai nag tropa ening at Kin ok, the dwelling of that great st: to our marl p we waited there some fourteen or th the “"embter's Fate.” ar gem OF | man—one of the greatest statesmen that ever lived. | teen minutes past six o'clock: a ti ame down; T took the laughable farce iy all ofwhich are | He Kaew it well, for taken a drawing of it. | Ves be ‘ 1 ntl dag " +4 i Jackson was also another instan a man rising id to me. “shall we east to (he full strength © npany This» tion ry ; ' | , el Y Hi be sure to draw @ from humble cirewinstances to # first position in the Ph abhi i distance; a gentleman hinted to Will be aure to draw @ larve & bat the down train had not passed as; T stopped im- country. This showed that the spirit of our consti- tution and laws was to protest and foster the poor jere was no hotel respectable—they were all i shops alike: and the nabob picking his teeth on steps of the Astor House was not American, was yas to the people, and did not carry out the spirit le Barwom's Museo Cherry and Fair St ow of our institutions, which were eppotedt to Kozsuth nots —The e¢ lestrian entertaintn 0 dinners, and all such pomp and humbug. It was i fle cetragerenone Relig a wi rum, as their bonors knew, that 1 8,000 widows, pao cvlly Math Rm it * and four times ae ma phans, in this city ; and Bands aod company” bane: the working man was almost ruined by taxation in ; consequence. He would ask their honorable body to Cuneta Mixernry® This company Fihiopian D sasleiion, if Minstrets continues ¢ diences, with every de programme for this eveniay i+ Woov's Minetaris—Thi« Land of negre fentinues to attract large audiewces lh well selected Ethjopian emertainmen! for this ev Witnessed by overtlowi ration of approv ry attractive they had done, in years. (Laughter.) CHARLES SCHAPFR, a German, denied altogether that liquor was the greatest cause of erie. If they went back to the time before there was any liquor, perf Hora creates roars of laughter there was more crime then there is now. Iu the BMr Dempster, after a very euccesaful southern tour wit | Ue of Noah, Gord concluded to drown the whole Sire bia fet concert on Monday evouing. a . | world in a flood, on account of the wickedness cle, ‘The ¢ contains an excrilent of man, Only Noah and his family were saved, Musical gems, and, no doubt, from the wixh and a few animals gave hin, on coming Of Me. Dempster asm ballad Anger. he will bo out of the ark, a tree, which produced wine, bie wumorous friends and adinirers Hackett, the celebrated comedian, was a date im Parisian tho whirlpool of social enjoyme Wat growl prnire of everyting harming and delightful and the fires time he drank of it, he become drank (Laughter). But God did not call him o drankard, Wine was ordered in the sacrifices #| the allar, and it was ne whore forbiddem in the ipsures, ‘The The Maine Laquor Law and the Industrial | tectotallece whereas. said trafic is eminently pernicious to all classes | beer himself, but nover was drunk. He to workingmon, because | member of a Land Reform Socioty No. 1, which failed ially | drunk. Tho society quor law, to our legislators, as being the best calculated | get it good. (Great laughter.) (ood wine was very e. well, therefore, to keep the discussion open till every bodily replies. | ono. handred d ed mea there ys out of wore ninety. drunkards. Now, he found it te be tho very one there wore ing down from Fourth street to this hall, he met hundreds of ns, and not one drunk. Now, he did not think that the ninoty-nino ought to be pu- nished for the misconduct of the one, No, let the ono be rather shut up in prison, if he cannot control himself. If any such law asthe Maino law was attempted to be enacted under any mo- narchial government in Europe, there would be a revolution immediately. He took his glass of been a because tho drinking of boor waa excluded from it. But the Land Reform Society No. 2 was got upon a diferent principle, and drink was introduced, and the members took their glass of beer or wine and disooursed questions of interest, but were never roopened and beoame very nu- merous. Tho great difficulty was not liquor, but to ‘ood for health. He knew an instance of a man who fad been sick, for whom a doctor prescribed wine. He took it and it did him good. Tho law that ought to be p Was ever against the poisonous bad stuff that was sold in most of the grog shops. If they went to France or Seema and compared the dis- tricts of those countries where wine was produced, they would seo a most remarkable superiority in the strength and health of the inhabitants, and also in liborality of mind over the inhabitants of that district where wine was not produced. But the wine there was good and unadulterated. The liquors soldjn New York were villanous, and they might as well set up 40 many houses for killing people as some of the grog shops in New York. As for hotels, he considered them indispensable. Mr. Banus? said, it had been contended that a person might do as he liked with his own, and that it was unconstitutional to interfere with him. In the case of bad meat and fruit, these articles were de- stroyed by the authoritios. It was argued by the minority report of the committee in the Legislature, that a capital of fifty millions had been embarked in the manufacture of those drinks,and that property to that amount would be destroyed by the new law. They did not tell us anything of the fifty millions worth of labor that was lost by liquor. ‘As an in- stance of the good effects of temperance, he would mention the case of two men who worked togother in the same gang ofshipbuilders at the East River. One of them had by his savings in seven years purchased a lot which cost him $4,500 and something more. He isa teototaler. The other, who had received the same amount of wages, is not worth a single dollar. Tho polico of the city cost $600,000 annually; the; need not cost $60,000 if the liquor law was passed. Tho almshouso, as ‘the philosopher” informed them that morning, cost $150,000 annually. Tho greater part of this burthen was from the rosult of intompe- rance. He had seen families beggared by moderate drinking, which meant any quantity from a pint to a gallon. Those members of the Legislature who yoted against tho Maine law would not he returned again, except from the Fourth, Sixth.and Four- teenth wards. Mike Walsh wasa specimen of tho adyocates of intemperance. He said that all the education he evor received was in the public house. Mr. Cro.xy then said there had been enough of debate, and he would now move the previous ques- tion. The Presipent put tho previous question, and de- clared it to be carried. Mr. Cro..y then called for the yeas and nays. Presipent—This will be ditlicult to accomplish, for thore is no roll. Mr. Kryser—Let all who vote, stand up and de- clare their names. ‘The yoas were then called, when those in favor of the resolution stood up, and gave their names as follows:---M. A. Wilson, Abraham Sherott, Neil McArthur, Charles A. Gurmand, James Watson, John Pulley, Samuel Davison, Michael Ryan, David Marsh, Daniel Willis, Ira Buckman, Isaac A. Am- merman, G. W. Barrett, David G. Cely. William Rowe, Abraham G. Levy, William V. Barr, J. H. Keyser, James Hibson, John M. Kenny---21. ‘The PresipEnt then called upon the nays to stand up; but it was like calling spirits from the vasty dcep. ‘They would not rise. Mr. Ksyser---Then let the vote go forth as una- nimous for the Maine law. Mr. Stepnkn Broxer—I vote in the negat Messrs. Watr, Scuarrer, MARKKWITZ, KINGs- Ley, and E. P. Day, declared that they would not vote, because the debate was shut off by culling the previous question. The Presipent declared the vote to be twenty-one in the affirmative; one in the negative, and the re- mainder declined voting. Mr. Sukxorr moved that this vote be sent to the Legislature, with a request that the law be referred to the people. Mr. Cro.iy moved that the names of those de- clining to vote be recorded. Mr. Wark moved as an 3 nendment, that all the names on both sides be published, and that the rea- sons of those who declined voting be also publ shed. y on rowan sw Waaneht nat t- gifhTilel umes, but we can publish’ all the names Of those present, and let the public draw their infe- rences as to who are the dodgers. Mr. Kingsiky—It is not the vote of this Con- gress; and | protest against the proceedings. Debate was shut off. Mr. AMmerMAn---The question has been debated for five weeks, and those on the negative side had as good an opportunily of speaking as those on the firmative side. Mr. Day—A resolution was passed at the be- ginning of the meeting, to permit all to speak, andl ihat is now violated by calling the previous ques- tion. Parsipent—The effect of that resolution was only to allow those who had spoken befove in the deliate, to speak again if they could get an oppor | tunity, but not to keep the question open tor ever. | Mr. Day—I understood its meaning to give all | an opportunity of speaking. wet them enter their protest. afl Mr. Kayser PursipENT--You ought not to invite a protest. If they think fit to offer one, let them. But do not go into them wiih a corkscrew to feteh it out. } Mr. 1 «i the Congress had no power to corn- pel them to vote. to give their names, KOINGSLE fhe teetotallers will break up Congress before they have done with it. motion for recording the names of thowe de- ing to vote was then put and lost. gress then adjourned, it being just i} Intelligence. Yoo Lore Han | ely. and rang the bell: [ told the bagyay | 10 Ferew up the brakers ae qitick as porsible } ed togo buck, and T wanted to go to the we were wrong, and must go back: the en signal to brake: the train was stoppe ldenly; every man was to his place: 1 at off the car and run ahead: when I got opposite the tender—T had the distance | of five caret ut time -J called out to the engineer that we were trum back as quick as pessible: «iw the other trwin so cloxe to ws that it was impossible for ua to get hack enough to get out of the way before the collixio rok place; att time the snow was coming down very thickly; J searcely ww it enow faster; it wae the Albuny train whieb W itliame brid whieh { misiook for the are white cars used on other (rains ax the Aljany train; the Albany train was not 'y fast whon she past us. but T think she did we were atunding above the usnal stopping had it not heen storming #0 severely at the time running v | not at | place | [think F should have known the the train; no one was | injured om bowed my train; Albany train was behind | time; the for the Albany train lo pase as ix | at Thirty itought to have been in before we left Thirty-see wil street Venprer tigned, jurors, having oarefully attended to ouching the cause of death of John Spen- cer, are co peed that he camo to his death by jumping from (he cars whea inmotion, sad striking his head eanings Hho Ho of ral of tho astern tack of the Mac: The w tom Taitroad, at three quarters of o or thereabout, mile, only nok teed Sip one Ae Lene Groton Palla tain, Sent ¢ jury added the following opinion: — zie eqn arene the opinion that the cause of the col- lision between ia clearly shown the conductor of the Croton F1 train, Aaron Jenni: allowing his train to leave before the time had ex} ined that he was required to romain at Williamsbridge. The evidence of Mr, Jennings clearly shows his leaving be- fore the time was occasioned by tho Albany trains pasa- ing at the time he was looking for the Dover train, and hi mistaking the train—the severity of the snow storm be- ing such at the time as to prevent his having a clear view of the train, It also appears that on discovering his mis- take, every effort was made to prevent the collision, which at the timo was unavoidable, Could any mistake reconcile the conductors directing the cars to time wes up. it must be the mistake alludedto, Wecan- not justify the starting of the cars before the time had expired. but believe the mistake might have occurred with muny, insuch weather, Yet we are unwilling to withhold such censure 4s seems to naturally follow an act which could have been prevented by a few minutes loss of time: Meranctony Surcipe.—Tuesday morning, the Coroner | was called tohold an inquest at No. 29 Broadway, on the | body of David Kyle, aged forty-five years, a native of | Ireland, who committed suicide by cutting his throat witha razor, The circumstances attending this melan- choly act of self-destruction, are as follows:—It seoms that the deceased came home about 3 o'clock in the morning, amd knocked at his bedroom door; bis wife, Mrs, Lucy Whe opened the door, and found that her husband was laboring under the effects of intoxication, She assisted in taking off his clothing, but before going into bed he took some brandy. Shortly after she holped him into bed; he did not lay but « short time in bed before ho begun to be very restless, and endeavored to get up, and cxlled out for Mrs, Mears, at whose school his only daughter was a pupil. Soon after his mind appeared to be very flighty, and he exclaimed he was ruined, At about 4 o'clock, he got up from the bed, and went to the bureau drawer. Mrs. Kyle asked him what he waa going to do, or what ho was doing, and he replied that he was going to kill himself. She did not think much of what he said, as he had often said so before. Sho then went ngar him, and he caught hold of her. Sho struggled from his grasp, and escaped out of the room, and remain- ed in the hall for some ten or fifteen minutes, and on re- turning to the room. she beheld her husband lying on the | bed, breathing very hard, with his head leaning off the | bed. She saw blood on the floor. and a cut in his neck, | She became frightened, and ran down stairs for Mrs, | $: Townsend, Dr. DeForest was sent for, who. on : and viewing the severity of the wound, said his 1 not be saved. On the right side of the neck a cut had | seventy or eighty gentlemen connected with Wall street, been inflicted, nearly three inches in length. and suffi- | ciently deep to sever the important blood vessels in that | region. ‘Tho deceased expired in about fifteen minutes | after the physician came, ‘The Jury returned the fol- lowing verdict :—‘ That the deceased came to his death bya wound in the neck, inflicted by his own hand while in a deranged state of mind, on the morning of the 2 inst., at No. 29 Broadway.” The deceased. it appears, | was amerchant, and is estimated to be worth some fifty | thousand doilars, | A Bor Founp Drowxep.—The body of » boy named ‘Thomas Haney, cight years of age, was found floating in the North River at the foot of Hamersley street. on Tues- day morning. ‘The deceased haa been missing from the home of his parents, No. 266 Canal strect. for nine weeks past. ‘The Coroner was called to hold an inquest on the body. and the jury rendered a verdict of accidental ¢yem what we learn, that Mr. Sherman was on the train drowning, Dravu day held an inquest at No, 267 Washington street, on the body of Jehn Dedliff Ruser, aged 71 years, a native of Germany. who came to his death by accidentally falling down a flight of stairs leading to the yard of the pre- mises, Verdict, accidental death, Fatar Accrpenr,—Coroner Ives on Tues! quest at the City Hospital on the body of whocame to his death by accidentally fi the batchway and into the hold of the Hunter. lying at the foot of Pike strect, laborer, a native of Ireland. aged fifty years, dict was rendered of * accidental death.” Moesrine at Haniem.—On Monday evening, a meeting was held in Harlem, to take into consideration the sub- ject of an increased traffic on the Harlem raiiroad. The attendance was slim, andin the absence of the officers, J. Bell was appointed Chairman, and J. B. Keayon Secre- tary. Mr. Kles then made a few remarks, alluding to the bridge across the Harlem river, at the Second avenue, now in contemplation, and stating that the residents, and principally the stockholders, on the Second avenue, were very much opposed to this «cheme. On motion, the meet- ing adjourned to Wednesday week. Fine at Yorxens.—A hotel at Yonkers, known as the Exchange, took fire on Monday morning. about one o'clock, and communicated to the Post Office, whereby both were entirely consumed. It is believed that every thing of importance belonging to the Post Office Depart- ment was saved. ‘The fire is supposed to have been the work of incendiaries, W. W. Woodworth’s loss is about $4.000; insured for $2,000. Rockwell & Smith. $300; no insurance. H.W. Bushford about $1.000; insured. By the great exertions of the citizens about $50.000 worth of property was saved, which was in imminet danger. y held an in- mon Celet, ship Kate A ver- Common Council. BOARD OF ALDERMEN. March 23,—This Board met this afternoon. at the usual hour—Mr. Compton, President. in the chair ininutes of last meeting were read and approved. PETITIONS REFERRED. OFJ. N. Jenin and others. for a repeal of the ordinance relating to sprinkling strects, OF Richard B. Williams. we others doing busin ‘The Moving the stairs that lead inte the waterat the ti ket, and that the same remain. Of Grin tor the renewal of the lease of the west sid and cast side of pier No, 20. East River, ting. street. from James to Roosevelt streets. jon to pay expenses incurred in making se of said Hose company, tenable James Robinson and others, to have a sewer in B. between Bt streets, To ol sh mar- ors. W, third streets foot of Fourteenth Letween Fort Hindson Ri re built at the reet. Vi ‘om and Fitty: to have ol "s grade i tablished instead of Commis prnell and others, to bave an ordina ompelling persons selling hay atthe stand at Tompkins’ market, to weigh it at the scales stationed there for that purpose. and that the weigh m ters may be sworn oficers, Of Engine Company for a donation of $100 to repair and ornament the engin CORPORATION PAPERS, Reports of the Committee on Ordinances.—In favor of Appointing the following newspapers to be employed by the Corporatior he Commercial Advertiser. Morn- ing Express. Evening Post. Notional Democrat, Yorker Democrat. and New York Ueruld; and also. favor of peying the proprietor of the New Yors Hrrary $3.000. of the others 91,000 per annum, to be rendered by them, On the prow ion of this report trike out the New Vork place the New York Tribune hat their objcet is to publish in papers of { cireulation. | Ali. Wanp wae much surprised that the gent the Third (Sturtevant) had proposed such an a nt on the ground «¢ | the paper alluded hoped that the gentien an of As for the circulation tom ny assertions much as the paper pro- pit Were satisfied that nat tir t ile they would me pe Ml with the indi thet the motion t board. vot the transactions of « that the the Conmercial es not ich the nd have saendment as lost by « vote of that the committee nly $1,000! extended cixeula- $55,000. Alde ton. n Drymen St—Tf that ia the only reagon, then publish at a lower rate than those of a , Alderman Srvarey it ean t nother renson—-ihe erowd- © position it oceupies, sccepting the report, aud adopting Was then put, and carried by an over. ty NY OnDINANCE ner of Streetsand Ly by virine of ntly adopted by the Common Cc emu of Inspector trom the ne anc tuking the by ment. end plac! in the rinient and Lamps, made the following appointiuents | Snd Lampe, mad intents, whieh Robert Campbeil, Poundmastey at Thirty-sixth street. ‘atrick Vincent Robinson stveet i “ Yorkville ler of Weights, &¢ nt, ; n, Luspector of Weights, Firet District Michael Towney ® Distric cond District. RESOLUTIONS anopteD ferred to the Commissioners of Stre that he be required to exami and report to this Roard by what authorit Superintendent of Streets the Go or right the Ins of the Police the duty of Stroat T ant a) persons to perform that service, and hy what authority or | right he nts persons whom he calls Roremen of the Btree ve at 124, per day; thus creating an office entirely new and wskpown to the law, the duties of whom sre required to be. and have heretofore heen. performed by pobeemen, under the direction of their captains, That Alderman Sturtevant, City Inspector, he directed to re- port to this Boxrd at ite next me how far he has complied with the otdinance «lr i him to dismiss from hie department the Deputy City Inspec i the Heaith Wardens of the severn! wards. That roton Aqueduct Ronrd couse the eulyert on the southwest cor- | ner ot Avenue D and Ninth street, to he al. That the Comm yiived te Hight Way with gas, from Canal to Beach alivets root be Higlited with gus The Beard then adjourned ROARD OF ASSISTANT ALDERMEN, Maren 23.—This Board met pursuant to adjournment the President, Jonathan Trotter, Beq., in the chair, and ® quorum of members present. PETITIONS REFERRED Of Pelee B, MoGiyna, in celalion to contract for rega- the Dover and Croton Falls trains of cars, | ing of Kighth street, between Ninth avenue and Hudson the testimony, to have arisen from | river; concurring to open First avenue from Fifty-soventh | permitting the Bible Rooety’ to project certain sections | street | favor of enlarging house of Kugine Company No, 20 and | Hose Company No. 1 | avenues; that the flagging around the fountain in Tomp- | Kins square be laid ina circle at least four fect wide, and Fautine Down Starxs.—The Coroner on Tues- | | money ihe company have ascertained that Mr. Shorman ing through | ‘The compuny now allege that he has obtained the sum of deceased | have procured an indictment t : i sat Fulton market, pray- | the Clerk of the market be prohibited from re- | answer the charge. nell & Minturn, a Mr. Ji i nell & Minturn, | ago, a Mr. John Holliter of Itha Bell, | Of Johu Martin and others. for | sentation tating, fn Sicihorenmashe.: of George Gallagher, for fur- ther to flalsh centeact to reguiateand grade Fifty- seventh strect. 7 REPORTS OF COMMMITTHES ADorT#D. On Roads.—In favor of paving Forty-third street, from Righth to Ninth avenue; conourring in tho actual open- atreet to Sixty-first street; to te and and Kot ourb und gutter stones in Fiftieth street, from Tenth avenue to Hudaon river; to confirm awant of contract to Patrick Murphy to work. as a country road, Tonth avenue from Tah to 104th street, and making additional appropriation therefor. PAYERS CONCURRED In Report of the Committee on Laws, in favor of applica- tion to the Legisiature to authorize the Comptroller to issue assessment bonds to contractors: of the Committee on tho Fire Department. in favor of repairing Hose Car- riage No. 4; of the Committee on Streets. in favor of of their building, about to erected on the corner of Fourth avenue and Astor piace. beyond the tine of the of the Committee on the Fire Department, in RPAOLU TIONS, ‘That # space four fect wide be flagged in front of vacant lots on Twenty-second strect, between Wifth and Sixth at the proper distance trom the aides of the fountain; that the Governors of the Alms House be requeated to take immediate measures te have the nuisance caused by clearing privics at Essex Market prison, removed; that the Street Commissioner report to this Board the number of inspectora employed, the names, and the amount each has received for the year 1851; that the Com- missioner of Streets and Lamps have Thirty-third street, from Tenth avenue to Kloventh avenue, lighted with oil; that the Commissioner of Repairs and Supplies be, and he is hereby, directed to have the roof over the Governor’s Room, in the City Hall, repaired forthwith; that the sidewalk in Hudson street, between Beach and Laight streeta, on the side of St. John’s Park, be paved with flagging. and that the three other aides of St. John’s Park be paved six fect wide with flag stones, the centre of rt anes flagged to be on the line with the centre of said walk, PROVOSED WALL STREET FERRY. Three proposals were submitted for w lease of this ferry—one from Jamea Murphy and John R. Briggs, offering to give $10 000 per aunum for a ten years’ lease; asccond from Jacob Sharpe. amending his former offer of 25.000, by substituting $20,000; anda third frem Thomas Clarke, propozing to pay $1,000 over the highest bidder, ‘A remonstrance was also received, signed by somo against the invasion of those hallowed precincts, by the crowd thata ferry located there must necessarily bring. ‘The papers were all referred, aud silentio, to the appro- priate committee. ‘The Board adjourned for the session. having had eleven meetings, They mect next month at six, instead of five o'clock, as heretofors Police Intelligence. Arvest on a Bench Warrant.—Othicer Nivens. of the Dis- trict Attorney's office, arrived in this city on Tuesday. from the town of Adams, Jefferson county, having in custody a man named Wm. Sherman, a lawyer, and resident of that county, on a bench warrant isstied by the Court of Sessions. wherein he stands indicted for obtaining the sum of $250 from the Hudson River Railroad Company, under false and fraudulent representations, It seems of cars on the Hudson River railroad, on the 4th day of December last. when a collision took place, and among the injured passengers, Mr, Sherman alleged he was one, aud madea demand on the company for money to re- compense him for the damage sustained, ‘he company, believing the statement of the injury. compromised the affair by paying him $250, Since the payment of the did not sustain damage to the extent as he represented. money as referred to from them by fulse pretenoos, and that effect. Mr. Sher- man was conveyed before Justice Osborn, who held him to beilin the sum of $500, ‘The required security was given, and Mr. Sherman was liberated from custody. Fraud upon Germans,—A man calling himself Dr. iT. T. Romorczi, was arrested. Tuesday, on a charge of dofraud- ing Jacob Ulrich, of No. 604 Fourth street. out of six dol- lars, under the pretence of belonging to an association called the “ German Mechanics’ Protecting Association.” ‘The witness waa told by the accused that the association was for the benefit and relict of persons when sick ; that by paying six dollars down. and the payment of five dol- : ‘The Argument im the Art Union Case. SUPERIOR COURT—APHCIAL THERM. Before Judge Duer. Manca 24 --Mr. O’Conor continued, on behalf of the managors of the American Art Union, to show why the tomporary ordor restraining them from the of their property should not bo made abse- lute and lasting. Having observed, he said, as fae 88 was necessary on the morits of the caso, he had boon about to observe on tho authorities against Art Unions, at the adjournment of the court yesterday Tho only two authorities stigmatizing Ari Unions ae mbliog institutions, are Sergeant Talfourd in Kng- and, and Mr. Recorder Tillou hora. Counsel oould@ot y discover any roagon to justify Sergeant Talfourd’s opinion, He belioved that ho had perishod by tho lettor, forgetting the substance. As to tho opinion of Recordor Tillou, it would be found to ha fatal and serious defect. He had treated the ot ment on behalf of the people.as a private activa fer libel or slander on the part of the managers of the Art Union. The truth of the fire not sufficient, answer to an action of libel, which is brought to protect the peace and geod order of socioby. What Justification can the defendant ins case of libel wet. ? In tho first place, it is absolutely udvessary that the libel be true; but the more truth is not « bar or justification in some cases, because mon are not at liberty, bytruths, which no public interesta , requiro to be published, to exasperate the publis mind Ore private individuals. Now, all this ia overlooked by Mr. Recorder Tillou, and that must detract from tho weight of his opinion. On the othor side, were the authorities of Sir Fitzroy Kolly and Mr. Clarko, barristers at law, who gave {t as their legal opinion, that the London Art Unions did not come within the moaning of tho English statutes against lotteries and gambling Parliament treated tho subject with great conside- ration, and enacted statutes to protect them from ponaltios. When Sir Edward Suyden was applied to for his logal opinion, he said the best be could give them was threo guinoas, tho amount of # yoar's sub- scription. For several years all tho ominent judi- cial and legislative personages in England, Ireland, and Scotland, sanctioned and supported the Art Union, till tho jealousy of a printseller was raisod, and to meet all doubts on the subject, Parliamont legalized those Art Unions as they thon stood. It neverhas been supposed that these Art Unions wore violative of the spirit of the laws, so that thoy might be reprehended by the most chaste and cautious me. tality. Ho, therefore, contended that those pro- ceedings must fail. He would appeal to the oom- mon law of reason, the common and unanimous con- sont of the people, as to the legality and morality of this institution. He submitted that tho weight of authority was as great in the view he had takon of tho case, as it was supported by the reagon and com- mon sense of the communtty. Counsel on tho op- site sido bad referred to the International Art inion; but that was a private speculation to dispose | of property by a mode which was cloarly a rattle. | It was a private scheme to dispose of property. Ta this case that element was wanting. Tho Art Union had no object in view for profit, as it was th members themselves who were engaged in i who alone were entitled to draw. Ho cont: that constitutions should receive a broag'and liberal interpretation. They were framed not for a tom- porary purpose, but forall time, and should ba ox- pat on a large and liberal principle. Court—The constitution doos not eontain any declaration that all lotteries are illegal, it only Bie hibits the Legislature from authorizing them. And if the constitution does not declare them illogal, then tho rules of cemmon law are applicable. ‘Th question, therefore, turns substantially on the oo: struction of the statute, and whether the act of the Legislature in Lape ‘ing tho statutes to om- brace this case—created any exception in favor of the American Art Union. ‘ Mr. O’Conor cited some authorities to support hie ition, that tho literal construction of the constit n was not to be taken, but that the true prinoiple which was meant to be carried out should only be kopt » in view. We thussee, he continued, that the lotter of the constitution is not to be taken, but the apirit lars a year thereafter, it would entitle the holder of the certificate. when sick. to seven dollars and fifty cents per week. The whole affair is alleged to be a fraud, and the accused, who called himself the general agent, located at No. 5T Chambers street. was held to bail to answer the charge. It is believed that a number of poor Germans have been mised in the like manner, by paying moncy on worthless certificates of this description. Assaull Colored Woman in Broadway.—As Aldermen ‘Tiemann. Brialey and Anderson were walking down Broad- way. on Monday afternoon. they observed a white man, of Genteel appearance, violently assault a young colored woman in the face with his ‘The Aldermen imme- diately on witnessing the outrage in the public street, ordered the man into custody. and he was brought forth- with before Justice Osborn, at the Tombs, The Aldermen pret at the court, and corroborated the evidence of the colored woman respecting the assault. The white man gave his name as Jeremiah Murray.and in justification for the assault. stated that the woman used very abusive language towards him. and kept following him along Broadway. until he gave er a slap on the head, of whic! she complained of. ‘The colored woman gave her name as Sarah Everson, residing at No. 71 Thompson street. The magistrate held the accused to bail in the sum of $300, to Charge of False Pretences Dismissed.—About a week Tompkins coun- ge of buying a eries. valued at about $500, under false Trepre- trom Bass. Clark and Dibble. grocers, corner of Liberty and West streets. On the hearing before Justice Osborn, the evi d did not fully substantiate te dismissed the case. ty, was brought to this city on acha lot of owners | | in sim ted on Monday. by officer Smith, of the . on a charge of stealing $49 from Patrick Kane, a resident of Williamsburg. in January last. The accused was detained for a further hearing by the magis- | trate. | Arvest of Juvenile Pickpockets.—On Monday, during the funeral soiemnities. the police officers caught the follow- ing nemed boys in the act of picking pockets. ‘The ma- jority of them had stolen pocket handkerchiefs in the procession, ‘They averaged in age from 10 to 15 year, Their names are Felix O'Nicl, Michgel Stearns, Andrew Woif. Wm. Barnett, Benjamin Kennan. James Clifford, Dennis O'Niel. and James Leary. ‘The young scamps were all committed to the Tombs by Justice Osborn, to await their trial. Atthe Chiefs office the officers con- veyed thirteen other boys. ranging about the same ages; but in consequence ot the crowded state of the House of . the ‘ate was compelled to discharge them trom custody. to continue their depredations, In the Case of Winn end Hawkins. he further investi- gation in the case pending against Winn & [awkins, the brokers. will be eontinued this day, Thursday. on the com- plaint of Mr. Cyrus Scofield. who alleges he was defrand- ed out of false pretences, in connection with Plin Whi ft very suddeniy for Europe, and is suid to have taken with him all the cash in the concern. The Pojury Case—In the matter against Mr, Hiram Hutchinson, on a charge of perjury. on the complaint of Oliver 8. Hulsted. Jr. Mr. HE, appeared Tuesday morning with coun ving in the éase, which strate for Monday of next we Meer Bock. of the Third Dist oman named Herts y a quantity of wearin W). piuchased by the aceused. a knowledge. from the rogues who been identified by Mr. A and my n by the " 0 valued at $ a. with a guilt le them. Th en, No, 16 ¥ whose premises were entered Urebled a short time since, Justiee Mountfort held the accu il in $300. (o anewer the char, Che ru Cow—.Three men Doty. Bartley McCue, and Patrick T rested n Tue day on we a cow. valued at om the premises in Thirty-sixth death avenue. it seems, had 1 and the hi y & Smith, totlow ¢ sin Th near Pleventh avenue, who purch ivomt one of the thieves. The was identified by the ow of the cow, und the rogues were conveyed be- Jone Justice Bleakley. who committed them to prison for 1 Melicio —The police, yesterday. arrested a banned Le Ickniee. on acharge of having ma- rec und cart against (he horse be- n. of No, 22 Hamilion street, white The shaft of the cart was thrust against » with such violence aa to penetrate the s! of the animal some eighteen inches, causing al- mest instent death. MeEntee was taken before Justice Lothrop. who committed him to prison, in default of $300 bail. ‘Phe hy valued at $80 Resisting the Juthority af a Constable —: cob Denneman, was arrested yesterday threatening the life of Constable Burke. of the Seventeenth ward. while in the discharge of his duty. in serving a legal process, It seems that the constable was about to levy a horse owned by Denneman, which was harnessed to a Wagon in the street, when Denneman seized an axe, sprang into the Wagon, and threatened to kill the constable with the axe. if he persisted in serving the process, The con- stable not wishing to receive a blow with the axe, per- mnitted the acenred to drive off; but subsequently arrested and conveyed him hefore Justice Mountfort. who held the A man named Ja- on & charge of accused to bail ia the evn of $500 to anewer the charge. The Californie Ticket Cave-—The complaint pening against Palmer & Co.. for selling fraudulent through tickets for San Francisco, will come on again at thre o'clock this afternoon, before Justice Lothrop; there are expected to be prese large num! # the victimised persons Who have been awaiting anxionsly for the past week expecting Inek the money they had paid for the spurious tic Tt ix also expected’ that Palmer & Jaight will he present. notwithstanding the police have , been looking for them the last two or three days past. United States District Attorney's OMice: Maren 22.—Fraud pon Government.—Daniel Palmer was arrested, and committed in defwult of bail. upon the charge of making out and transmitting to the Depart- ment of the Interior, at Washington, fraudulent papers to procure Innd warrant, pension, extra pay, and arrear- | ages of pay, claimed to be due Mary Lynch, as the widow of dames Lynch deceased, who served in the Mexican war, James Lynch died leaving no wife or children, We understand that the department has been imposed upon eases to an enormous extent, and they ave de- termi if possible. to break wp this aystem of swindling the government. The charges were preferred hy 8, ci @ clerk in the Penal at Washi p Bureay ston Law Intelligence. Couns or Avrvans.—-Maroh 25,--This Court commences ed its Marvel term at Albany to day, Present, K , Chief Judge; Gardenei welt, Jolinson, Grilley, and Wells, Judges, Alwent Judge, Watson. The Court were cceupied until about 12 M. in hearing motions, The calendar was then taken up, and the first ten cases called and reserved for a ful court, except No. 8, Wooleott and wife agt. Haleomb and another; judg- ment was affirmed by defauit; 1. Hogeboom, counsel, No other cause belng ready, the Court adjourned, for Want of business, Watil 19 o'clock (o-morver morning and intent. The constitution applies to ono specific thing, and that is not before the Court. Tho sta. tutes apply to two things, viz.: to private lottorios, and to the setting up of property to be disposed ot by chance. This case, therefore, docs not come within the meaning of the statutes, though he would concede that the English schemes of disposi of prints and books—the international schome luded to, and others—did fall within the meaning of the clause against raffling; but he denied that there was an analogy between thoso cases and that of the Art Union. No temptations to gambling are held out in the latter institution; and all the oppe- site party show % that it might possibly be por-> verted to evil uses. Counsel exhibited the engray- ings given by the Art Union to its mombors, whioh, he submitted, were really double the value of the subscription. It might as well be said of ang ¢o-partnership, wlitre some of the property had to be distributed by lot, that it was illegal, and tha the parties should have foreseen that termination. The managers of the Art Union did foresee it im their case; but he (counsel) would ask what was, there culpable in that termination. Tho subscriber might possibly indulge in the hope that ho might have the fortune to trausfer to his parlor one of hiful works of art; but counsel could not imagine any desire more praiseworthy than hat of being connected with such an institu- ion. is no taint cr poison in them. Counsel, therefore, trusted his Honor would come to uch a decision in this case ay would quist tha, minds of the good and respectable people of this country, who now labored under justifiable appre- hension that they may possibly have violated tha laws, or deviated from the moral oode it If it were true, he argued, that the mere words of this raffling and lottery section, in the general lawg, ought to reach an institution of this description, then there is no reason to doubt that the Legi ture had repealed protanto, as respects thess inst tutions, those statutes by the act of 1344. It was, therefore, altogether proper for his Honor to pr sume that no member of the Legislature had any idea that the sanction of this mode of distribution was a violation of the constitution, or of oxisting statutes. The idea that the Legislature were igno- rant of it, is not supported by any fact. It had been in existence quite a number of years before it was incorporated, and it could not be supposed that the Legislature were ignorant of it, This society pro- pared a clause in their constitution providing for the distribution by lot, and subsequently the Legislasurg| enized the legality of that clause by passing aa changing the time of distribution. Lhgretors, if it were possible to entertain a doubt on this si Ject, his Honor had that explicit repeal of tho pre- eding statuies by the act of ISH. And counsel ed that se was free from all con- doubt. t was now required his Honor to enable the institution vo continue its ) ys, and set at rest the very justifiable and proper scruples of those respectable citizens who | ave tound in the circle of its supporters. Mr. Sandford replied in support of the ay The argument in the cage i ii more time than he had anticipated, but not more than its importance demanded. He would pra to address his views in reply to those set forward site counsel. He would call attention to the we ofthe institution; it was likened, on the other side, to eleemosynary associations, such as le societic . Heeontended that there was tf y between them 1s within the defini- into which mem- rv their own benefit dthe member hay a consequent right of transferring his rights and Privileges to another. Counsel on the opposite side nad stated that there w: nstitation, aright of election, and consequently of selection; but this wason the assumption of the institution being charitable or a literary institution. He therotore contended that the Art Union was a society entored into f ate purposes, and to promote the inter- ests of the subscribers. , There is no religious or charitable use—no literary, scientific or benevole purpose in its design or administration, and the nefit therefrom to art and artists, is merely incidentag, The certificate of membership consequently passos to an assignee, ag any other share in a corporation passes There were ny personal privileges attached to mem- bership that involved, in any respect, either social or moral character, or the possession of any physica er mental qualities. They have the privilege of paying five dollars, of receiving whatever the Com- mitice of Management may vouchsafe to send to them, of attending the public drawing of the lottorg, | and witnessing the caprices of fickle fortune, in con- ferring the major part of the common property of the| associates upon @ very few of their number. They have also the privilege of saying yes or no in re- lation to the appointment of the seven trustees who shall be nominated by the manager. There ix no clause in their constitution, or in common law, giv- ing the manager power to refuse recognizing | ts of an assignee, which are as full and ind those of the assignor. Counsel would ask, is this American Art Union a lottery if it be, is it authorized by any law? and if an attempted to authorize it, is such law consi or, in other words, did the constitution when it pro- hibited that species of gambling which had be carried on under various lottery contrivances, intend to prohibit the Legislature from authorizing lotteriog asa State engine for financial and public purposes 4 or did they intend to prohibit the Le, ture frome authorizing cither the State, or any citizen of the| State from kitciealeg of any kind of prope means of lotteries? That this is a lottery s plain to admit of contravention or argument true, however, that it is not as unfair as other that does not prevent its being » lottery. Counsel rend the prospectus of the society, and eine on it, to show that it clearly appeared on the f it that the Art Union was a species of g which was contrary to the public law and com tution of the Sti O7 its inducements to gambling i #4 the prizes were valuable the number of sub Ders increased; and in 1849, whon Cole's colobratey pictures wore among the prizes, tho su t Jay moro numerous, showing that Lhoao Consinted not ia the ides of doriviag certain hana »plication, occupied