The New York Herald Newspaper, July 8, 1852, Page 2

Sy NEWS BY THE MAILS. Benate. Wamimoren. Jaly 6, 1652 "The Senste met at half past twelve o’elock. EXECUTIVE COMMURICATIONS, ‘The Chair laid befere the Senate s communication from the Treasury Department, with a statement of the mount paid for printing and binding for that depart- ment, from April, 1849, to April, 1852; also, a communi ‘ation from the Secretary of State, with respect to a Maréification of clotie, Ge., In which he éxpressed bi* dissent from the report on the same subject beretofore submitted (o Congress by the other Seeretary. THE HEIRS OF BANON DE KALB. Mr. Pxarr, (whig) of Md . presented resolutions from ‘the Legirlutnre of Maryland, in favor of Congress eom- pensating the heirs and representatives of Baron de Kalb, for the serviecs of their ancestor during tho reyolacion. PPTITIONS AND REPORTS. Many petitions in favor of the homestead bill were pre- vented, after which the reports of committees were made, INDIANA SALT LANDE. x The House bill to enable the Legisiature of TIndiane to @ixpore of the unzold satine Isnds heretofore conveyed to eaid State, was taken up, and passed. THE PRINTING. Mr. Cirmens, (dem ) © ve notice Of a jeint re- solution to provide for the election of a public printer, and to fix the prices for Congressional printing THE MEXICAN POUNDARY COMMISSION—CHARGES AGAINST COL. WELLER, PTC. A resolution offered by Mr. Werten, (dem.) of Cal., to yefer to a select committee the charges tiled agawst the commissioner to run the Mexican boundary tine, was taken up. v Mr. Witten commenced reading a speech in reply to charges made against him while Soundary Com- missioner, in a debate whieh took place in the Senate two years ago. on Air, Hradbury’s resolution con- cerning removals from offices. Mr. Weller aliaded in se- vere and bitter terms to the spirit of malignity which ebaractcrized the attack of the Ex-Secretary. and now Kx Kenator Ewing, of Ohio. who abused and disgraced his ition as a Senator, in wantonly and ruthlessly assault him bet § te, at atime when he (Weller) swap five th distant, He pronouneed him a Dutcher, titted for such work. The base miscreanf, not sativtied with uttering nis falsehoods in the Senate. eir- aujated bis rpecch thiovughout sii the State of Ohio, and also in California fer the purpose injuring an humbie man; but be had been dieappointed most signaliy ‘the people of Ohio, on a recent vi-it, had welcomed him most cordially. The of Califi nia bad sent bim here torepresemt them in this, the hi ‘eet orvembly of the nation, After commenting at length upon the conduct of Mr. Ewing. he said—I wish my ae- omer were bere that T might meet him faee to fi that I might fasten falrchood in his throat, He said he believed that it wae the fuise representations mad by Mr. Ewing to President Taylor that induced bis removal. He then detailed ull hix conduct while on the commission. reading frem his letters to and those received by him from the Department. and showed that he never over- drew the appropriation of Congress ; on the contrary, bis drafts fell short of those appropriations. He referred to a Senate document, containing what Ewing, as Secre- of the Interior, had communicated to the Senate. in ao to a resolution calling for all the correspondence on the subject of the commission, and read a copy of a letter which was on tile in the department previons to that communication, but which bad beon suppressed by Mr Ewing. This act, he said, was one of those mean, con- temptible tricks of fraud and deception for which Mr. Kwing had been distinguished through life. He explained and denied any foundation for the charge of being « defwulter to Butler connty. Obio, and also the charge of veiug habitually intempe- rate. and said that the man who could thus malign the private character of a political opponent, was a wretch whom nothing short of an omnipoient arm could con- vert into a gentleman. Le referred. also, to a Sen now here. (M. Smith,) who had charged him with overdsawn the appropriations and squandered the public money. He regretted that the rules forbade him to speak of it as it deserved; but he would say that it want e@ the most eseential character of a churge. and that was tenth He then referred to the charges against the pre- sent Commissioner, and thought they deserved, at least, an investigation. Mr. Cranxe, (whig) of R. T.. said he desired to say something in defence of the present Commissioner, ‘was not prepared to do sonow. He desired the subj postponed, and he would #how that Commissioner Bart- ft had conducted himself with oredit and honor, Mr. Rusk, (dew.) of Texas, said the central point of the Doundary was fixed by the treaty of Hidalgo, and he un- d@erstood that point had been changed to the benefit of ‘of Mexico. giving her over thirty-five miles of most va- Iuable territory Until he had information upon this point he would not yote a dollur for the further prosecu- tien of the commission. ‘The subject was then postponed till Thursday week PRIVATE, BELLS. The Senate then took up and passed five private bills. PARDONED CUBAN PRISONERS, A message was received from the President stating that, among those prisoners pardoned by the Queen of Bpain, and who were condemned in the Cubs expedii ‘were feventeen foreigners, and no provision was made the expenses of restoring them to the United States The American Consul had contracted for their removal 1© Ube United States, and the expense was one thousand nd thirteen dollars. and the President submits to Con- yess the propriety of remunerating the consul. Read nd referred The body then adjourned House of Representatives. Wasnixcron, July 6, 1852. FUTURE HOUR OF MERTING. Gm motion of Mr. Hoveros (dem.) of Ala.. it was re- wobved. that until otherwise ordered, the daily hour of mecting shall be eleven o'clock A. M. THE DEFICIENCY BILL. Mr. Hocerow offered a resolution that all debate on the Senate's amendments to the Deficiency bill shall cease to-morrow poon, Passed. ALABAMA BAILROAD LAND BILL. The House proceeded to the consideration of the bill granting right of way and lands to Alabama to aid in the ecnstraction of a railroad in that State from Girard to Mobile Bay. Mr. Joxxs, (dem.) of Tennessee, moved to lay the bill on the table-—Carried by yeas 80, nays 67. r GE MLL, ETC. Mr. Oxps. (dem.) of Obio, from the Committee on Post Offices and Post Reads, reported, with amendments. the Bill to reduce and modify the rates of postage, and its consideration was portponed until Thursday morning. Several other reports were made from the Committee, when the morning hour expired. The Houre went into committee on the Senate's emcndment to VIE DEPICTENCY BILL. Mr. Howanv. (dem.) of Texas, addressed the Com- mittee on the Senate's provico to the clause appropriating eighty thousand dollars for running and marking the boundary line between the United states and Mexico. namely -— Provided, that nothing herein contained shall ye so con- strued as to ranction sdepartere from the point on the Bie Grande north of the town called Paso, designated ia the treaty of Guadalupe Lidnizo. Ye waa that MY. Bartirtt, the Commissioner. had de- parted from the plain provisions of the treaty maps, and surrendered to Mexico nine thousand five hundred and thirty square miles. ‘This was attended by consequences rtapt, far above the arca of territory, because it in- ‘aconvenient military route and railroad to the Pa- cific, of great moment ina commercial pointof view. He contended that what has been done is void. He con- demned the Secretary of the futerior for interfering ax he did with the surrey, and in conclusion advocated the Benate amendwent giv additional compensation to the Collins’ line. regarding it as intimately connected with the design of controlling the Liverpool. California and India tuade, which must be facilitated by a railroad to the Pacific. Mr. Cn ox, (whig of Pa.,) replied to objections wade in various tatters against the Senate's Collins’ Steamer amendwent. He epiritedly supported th position, contending that the line is opposed by capital and a foreign government; that it ir not subject. but one of general consequence; and. | the great results to be 9 shed. (which h ted) it should receiv port of our gor tirom high national referred to the pro; appeared . =, (whig) of Ohi nein. mentoof a dozen gemtieinen on the floor, wh in the morning papers, sud who refuse te Scott for the Prosidevey He did not exp support the whig noruination, and it was well for them to understand now that the great whig party is not swallow. ed up in the Union part sdempph ‘The would gain for © he would not othery He then oppored tt line amendment The coanui tive, at 4 o'clock took a recess wntil 5. EVENING SESSION assembiing, thirty. two members only the galleries d the Cc appliance it—such as in- ushering them inte admirable th i twenty At the time of were in attenda .. of viting ft but how was it built? J money ne ury ey from the hard “« L } Thove y weds are even the moeauest ¢ art “ t by plunder and piracy ase conderaued the wmisere ble paupers on 1 js to be burst open with crow ber, and oy iparagiogly of those stew ships for warli y Mr. or giving ¢ breathed intoe and i ven with tt oun 1 ested lans hese are (hi as they have he con-titution ud Lc e) of M thin omendment. ap down American, and ho sloatd giv dle would do ae with thay any qaaecer, Hh hi jor, aud ot ip fay Peaoon of the amenduent, Ther’y 10 dende # whieh hud bought him ty his ot Woy the AK o'elerk the pommillee reve, avd thy House at » urmed From Albany. QUICK TRIP ON THE RAILROAD—¥IRE—DARING AD- VENTURE OF AN BNGINKER, Frc. SVECIAL CORREFFONDERCE OF THE NEW YORK HERALD. Annany, Juty, 6-9 P.M, ‘Your regular correspondents have, of course, rendered it unnecessary for me to refer to the arrival and depar- ture of Mr. Clay's reusaine, the colebration of the national apniversary, &¢, ‘This morning's express train on the river rowl made the upward Lip in wo hours and fifty-eight minutes. running time. The store house at Steckport en ‘Mudson) was bura- ed down this evening. It stood within ten feet of the rallrond, and the engiveer recklessly endangered the lives of the passengers, While the tlames were burning most furiourly. by running tbe train threugh them. A canvass was taken on one of the Hudson river cars this evening om the upward passage, when 39 were fouud in favor of Scott and 11 for Pieree, Ww. Murder of a Wife by ner Husband, Baritone, July 6, 1852. Om Sunday night aman named Win. H. Willams, re siding on Federal Hijl, suspecting the fidelity of his wife, Jeft home for & short time, and returning found his sns- picions confirmed He instantly drew a knife and stabbed his wife in the back, kilting her inetantly. He then cut her paramour, named Bamuel Abbot. wounding him dan- gerously, He afterwards delivered himself up, and was committed to jail, and has been raving like a maxiae ever since, Death of Gov, Cathoun, ef New Mexico. The Washington Union. of yesterday morning, fur- niches the following melancholy iatetligence:— Wasnineton, July 3, 1852, Sim—By telegraph, I have just learned the death of James 8. Calhoun, Governor ot New Mexico, Governor Calboun died on the prairies, a fewaniles from the Mis- souri line. at noon, on the 30th ef June, In him the people of New Mexico have lost o true and steadfast friend, whom they appreciated, and respected and loved, and the country a faithful public servant. Peace be with his ashes, Yours, respectfully, UW. WIGHTMAN. Intelligence from Texas and the Fronticr. {from the N. 0 Pieayane. June 20.] On the Jast trip of the steamship Mexico, from Indianola to Galveston, a little girl about seven yenrs of age, only child of Daoiel Du Pros, of Mis- sissippi, felt overboard and was drowned The Austin State G , of the 19th inst , has the following with regard to the crops west of the Brow Mr Joseyh Harvel, our travelling agent, ro- tured to this city yesterday, ¢ visiting nearly every county in the State west of the Brazos, and somé of the counties between the Braves and Trinity. He assures us that the very fuverable ac- counts received of the erops im this region of the State are by no means exaggerated; but that every- where an unprecedented harvest is almost beyond contingency. " The Leon Pioneer gives an account of two mur- ders recently committed in that section. A man named Cook, and another named Harrison, both re- siding in Navarro county, were paying their ad- dresses to the same young lady, aud being unable to settle the matter amicably, made an appeal to shot guns, which resulted in the instant death of Harrison. Cook was still at large. Op the 12th inst., a man named Bernier killed another named Day, near Springfield, in Li county. ‘The cause was a dispute about their labor. Much excitement was creased in Springfield, and it was thought an appeal for justice would be made to Judge Lynch, The steamer Nick Hill had ascended as far as Taos, pear the east fork of the Trivity, on the 4th inst., and the captain intended to work his way through the raft to Dallas, if practicable The Leon Pioneer, of the 1th, says that the citizens of Navarro and vicinity are determined to bave a mail between the towns of Navarro and Centrevill his route is to be sustained by pri- vate subscription. The Victoria Advocate has intelligence from the interior of the most Hattpring character, as it re- spects the cro Corn is now made, and the finest yield that has ever been made in the State, being, on bottom land, not Jess than fifty bushels to the acre, and doubt- less in many cases above that. The cotton crops are also very promising, and should the worm not make its appearance, a very great yield will be realized—perhaps as high, in same cases, as a bale and a half to the acre. Sugar cone is also doing well, though but few persons in that section have as yet turned their at- tention to its culture. The Austin State Gazette announces the receipt in that town of thirty hogsbeads and fifty barrels of sugar, from the manufactory of Col. Rugely, on Old Caney, in Matagorda county, and the editor s | and apologizing for not 10 | much fatigued, and hoy | seen a more enthusi says he has never seen a finer or more beautiful ar- ticle of brown sugar. ¥ Galt Journal Christi has been &¢ iy military depot forall the country wost of the San Jacinto river, The cholera was prevailing at Indianola and at other points, chiefly confined to immigrants and slaves, The Bastrop Peveilie rays. there are in that p J parties of citizens arrayed net exch other—that they sre armed to the teeth constantly, aud that dloodshed is —W have arrived at that port, The building is to be of cast iron ‘The company provided for by an act of the last Logis- struct a railroud from Austen to the Braze extending the snme to Galveston, was organized at La Grange, Compliment to John 8. Thrasher at New Orleans. [From the N. 0. Picayune, June 29.) Last evening, at a ratber late bour, some three hundred of our fellow-citizens assembled in Latay- ette Square and marched in procession, with a band of music at their head, to the St. Louis Hotel, for the purpose of serenading Mr. John 8. Thrasher. After the performance of several national airs, much cheering, and many calls for ‘* Thrasher,” that gentleman appeared on the gallery of the hotel over the main enirance, and was received with the most enthusiastic demonstrations of respect and ad- wiration. He was presented to the assemblage b, Dr. Knapp, and returned his thanks for the compli- ment yaid him in a plain but feeling manner. He the chivalrous people of Louisiana; he had come so far to thank them for the kindness which they had ever shown to him, and the present moment well repaid all that he had suffered since he left Havana. Mr. Perry 8. Warfield then stated that Mr. Thrasher woul: be happy to meet his friends in the ‘‘rotunda” and shake bands with them. The en- tire assemblage adjourned thither, music ahead, and the whole crowd immediately gathered around Mr. Thrasher to take him by the hand. Gen. Loper’s body scrvant, who accompanied Mr. Thrasher to Ceuta, was present and attracted much attention. On loud and repeated calls for him, Col. Wheat mounted a stand in the rotunda and addr Mr. Thrasher in glowing and deeply felt. terms, which were frequently interrapted by enthw ic cheers for ‘Thrasher,’ ** God bless him,” &¢. Col. Wheat evidently felt every word he uttered, and could not find words for all he felt. Mr. Thrasher, after re- peated calls, responded again, expressing his thanks ing a speech, as he was P be able to express all he would say more fully. The assemblage then dispersed. We have rarely tic one, or 2 man more de- serving such tributes worth. The Wheat Crop in Pennsylvania, The Pitteburg Jowrnal of the 5th inst. sa3 The wheat in t borhood has lovked y and the formers Hl, pis mi have be selves on 4 fine harvest ; but we are so) 'y to say that the rava almost nothing where abundance was looked for. On Saturday, fir" Michael Byrne bronght us « ds of wheat pulled at random froin his own ficl obineon township, and from two other fields, at a gistance of several miles from his own, and from etch other. The heads looked full and healthy, and he from two to three wevils to each ked seven from a single grain, Of f destruction was going on very more orlessinjured, while As these heads afford fair lds from which they the crops will be almost grin, We pi course the work apidly. Every iffercat lent that Mysrrniogs J Foun Puay.—-A day, in the ca a Hen wg reeiding between Parker and Minnow streets, above the on Factory, whore he was £ ft lis friends buried tho bo remony, on Sunday afternoon, he hav been tor time ill, on ocsount of Labitnal iatemperan Some spicious veporte \pruea, he ordeeed ttre nody w dieinterred es erday morning, and an exeminavion wasmade by Dr. King. A neighbor had b stated to the Coroner that he saw the mother of the man beat him with stonce, on the having reached C evening previous, and a girl had also stated that he saw the mother and sisters drive him into the house, and t t him violently. Several wi x aloo d to hearing the blows. The dep neighbor and the girl referred to, could not be found by the officers at the time of the inquest, although search was made up to time of the verdict, and Dr. King wat anable on account of the advanced state of docomporition which the body had reached, to assert that there had Leon violence used, and the jury, therefore, were obliged to come to g verdict that the man had died ina fit. Notwithswrding jats fit. this, however, a strong suspicion of violenge ex: in the minds of persdns acquainted wich the case. Newark ddesfiser, July 6. said he had always entertained a high respect for | stone | have learned that | + fora new lighthouse at Matagorda pass | , | journed. |" C. A. Seabrook, Seeretary. J, on anvther oveasion, to | to honest philanthropy and | n congratulating them- | # of the red wevil are likely to leave | no one would have guessed thatanything was wrong with them ; yet on examination, we vould searcely find a single grain which did not contain at least | one wovil. Taking a head throughout, the average | Calhoun Bonument, MEETING OF THE CITIZENS OF ST. JOGN'S I. (From the Charleston M. June’ At a meermg of the citizens of St J Colle- ton, held at Rockville, the purpose of conside: LS ig thes ajnrortega for 1g the means of pro- moting the ereetion of a movnment to Mr. Cathoun, ‘on motion of E. Seabrook, Joho Hanahan was called to the chair, and ©. A. Seabrook was ap- pointed Secretary. ed. Mr. Hugh Wilson, The meeting being organi Jr.. after a few eloqnent prefatory remarks upon the object of the meeting, moved the appointment of a committee of six to prepare and report a plan of action in conformity with the object of the meet- ipg—whereupon, ae) following Memen were named, to wit, Hugh Wilson, Jr., Rev. © HW. Hall, Rev. W. H. Hanckel, John Jepkins, Jr., BE. M. Whaley and £. M Seabrook, who reported the fol- lowing constitution, which was unanimously adopt- ed» CONSTITUTION OF THE CALHOUN MONUMENT ASSO- CIATION OF ST JOHN'S COLLETON. Art, 1—This association shall be styled the Cal- honn Monument Association of St. John’s Colleton, and its object shall be the erection of a monument to the memory of John C. Calhoun. Art 2—The officers of this aseociation shall con- sist of a President, three Vice Presidents, aad a ‘Treasurer, who shall also act as Secretary. Art. 3—The President shall preside at all_meet- ings of the Association, state the business before it, and call an extra session when he shall see fit; and in his absence the Senior Vice President, then ent, shall act as President; in the absence of the President, and of allthe Vice Presidents at any meeting, the Association shall elect a President pro tem. ‘ Art. 4—Any person shall be admitted a member of the Association, who shall pay the yearly contri- bution of $1. Art, 5—This Association shall meet semi-annually on the 18th days of March, and of September, in each year, at such place as it might fix upon, orin the event of its failure to do so, as the President might appoint. ‘ pet 6—The Treasurer shall receive and deposit to the credit of the Association, all moneys collected for its use in the Savings Bank of Charleston, orin such other bank as che Association might desig- nate, to be drawn therefrom by drattssigned by tbe President, or in the eventof his absence from tho State, by a Vice President, and countersigned by the Treasurer. The Treasurer shall disburse the same in such manner es the Association shall from time to time direct; and shall keep regular accounts of all moneys received and dishursed by him, which accounts shall be audited every six months by the Standing Committee on Finance and Accounts, whose reports shall be entered on the minutes of the Association. Art. 7—The Secretary shall keep the minutes of the Association, and shall regularly record the same in a book to be provided and kept for that purpose. Art. 8—The Association shall elect annually three delegates, corresponding to the representation of this parish in the State Legislature, who shall ro- present it in such Central State Association as may be formed for the accomplishment of the purpose for which this Association is organized. Art 9—'There shall be three standing committees, to be elected annually. A Committee of Corres- pondence, consisting of three ; 9 Committee en Fi- nance and Accounts, of three; a Committee to pro- cure Membership and Subscriptions, of nine—three of which to be taken from each of the Islands of Edisto, Wadmalaw and John’s. Art. 10—ANl the ofticers of the Association shall be elected annually by a majority of the members te ee at its meeting on the 18th day of Septem- ber in each year; and in tho event of a failure to elect officers. the incumbents sball hold over. Art. 11—The officers elected at this meeting shall continue in office until the 18th day of September, next. The following officers were then elected to serve until the 18th day of September, next. Hon. P. C. Great, President. Hon. Wa. M. Murray, Vice Presidents. Hues Witsox Hon. W. B. Sr. KE. N. Funsen, Treasurer. Conimittee to obtain Memberships and Subscrip- tions—E. M. Whaley, John Jenkins, Jr., Wm. Sea- brook. for Edisto Island; Wm. Sams, Win. Bailey, Jos. W. Motte, for Wadmalaw; Benj. Mathews, J. Whaley, J. Grimball, for John’s Island. Commiticve on Correspondence—E. M. Seabrook, H. Wilson, J. Jenkins On mction of E. M. Seabrook, the following reso- lutions were unanimously adopted:— Resolved, That thi ociation appeals to the ci- tizens of the other districts and parishes of the State,and earnestly invitesthem to unite with them in the accomplishment of the ends of its organiza- tion. Resolved, That it recommends to the citizens of | the other districts and parishes of the State the for- mationof similar associations—and_ that delegates be elected by them after ihe ratio of representation in the State Legislature, who shall meet in Colum- bia onthe first Monday of December next, for the of forming a** State Calhoun Monument Resolved, That the proceedings of thismeeting be | published in the Charleston papers, and that the other papers of the State be requested to copy them. On motion of Mr. C. Bailey, the meeting ad- Joun Hananan, Chairman. Army Intelligence. THE FOURTH REGIMENT INFANTRY. ‘The Fourth Regiment of United States infantry, which embarked for California on the steamer Ohio, on Monday last, has had much distinguished service, and deserves some notice of its history as it is about to leave our shores for distant service. Our limits will not suflice to give a notice of this eons as minutely as would be proper in a military history of the country; but we will barely ennumerate some of its service:-—It has been often concentrated, and has thus cultivated much esprit du corps, and great harmony, good fecling. and honest patriotic ambi- tion as a regiment. In Florida it served at different times, under Generals Gaines, Scott, Clinch, Jesup, Taylor, and Worth. In that war it was especially istinguished, under its commander, Col. Foster, at the battles of Thlonotosassa and Okeochobee. "In the Mexican war it served with distinction at Palo Alto, Resaca de la Palma, Monteroy, Churubusco, Molino del Rey, Chapultepec, and the Garita of San Cosme. It may be said to have commenced its | Mexican campaign in May, 1844, when it went into | camp on Red river, and ended it in July, 1848, when our army evacuated Mexico; since that war it has been stationed onour northern frontier, from Platts- bie to Green bay. ¢ following is a list of the officers who embarked with it for California :— Lieutenant Colonel. B. 1 Brevet Colonels, George } chanan. Captain s, Benj. Alvord, Captain ; J. TE. Gore. E. Bonneville. Wright, Major ; R. ©, Bue lenry D. Waller. yur, ant; WH. M. Judah Brevet Captains. U.S First Lientenants, Thos... Montgomery; D. F. Floyd Jones Brevet Captain. M- Maloney. Adjutant. fThomas RK. MeConnal. Virst Lieutenant, 1, Russel. mi Lieutenants, LC. Hunt, W. IL scott. | wood, J B. Collins, J.C, Bonny: . A. Dry Forsythe. W. A. Slaughter, J. Withers. F, 13 M. Feelig, Henry €. Hodges, he remainder of the via Cupe Horn, in anothe take that route Under- t, BD. nent sailsin essel sting from V tthe Beiti by whiei to give my Congress has dey m. and is Low ¢ bin, thus yr wuela, Keundc nnada un Vresident, who, of course, will be Flores, the leet and most able man in South America Yn paseing (may mention thet he ira native of Pucrto Cabello, and that when in France was Louis Pili '* very gmat favor- ite. lieisan ont forty-four or five yeurs of age, and about the elary Walker Caracas wee a little ‘tied from its wonted pre: 4 personal recontre between Mr, Michelet pointed Veneznclan Minister to Madrid am baron de Velmars, the French Ob: | uffair took place in the how | lena called to y rewell’ ammence xy fev toMr. Michclena’s government. reflecting #ever President and o fileials ; is grow warmer, aad finally his ¥ ho Minister actually ‘ origty ference kicked the Minister to Rom Madrid, and eatleu his servants mut a@ his house. The afta courre challenge, and the parties wore to the country for the Tortugas islands, there to determine whether the Baron should carry his diplomuey so far as to hick foreign Ministers out of doors. On the night of the 23d of May, at eleven o'clock, Mr. Btecle, the U.S. Change, was surprised by the enti | into his house of a number of banditti. Me had retired, and on a noise being made by a female se the house, he ran down into the court-yard. and wa surrounded by the men, each of whom had a dagror or pistol with him, Mr. Bteele was robbed of his watch during the melee, snd was slightly wounded. Mrs, Stee e, on hearing the clash of weapons below stairs, ran to the balcony, Which overlooked the street, and aroused some neighbors, who prevented farther injury and robbery, Deatn or A Westren Cattin Deacen.—Chrie- tian Hays, said to be the most extensive cattle dealer in the Western country, died, of cholera, at St. Louis, on the 26th ult., in the forty-cighth year of his ago. ‘The deceased had a very extensive con- nection in business with almost all stock xaisors in the valley of the Mississippi, and, it is said, onjoyod unlimited amount of orodit. Hi b ify oud fous ghildson. ‘ai Additional Intelligence from the Philadel. phia— Nemes of all the OUR KEY WEST CORRESPONDENCE. Key West, Frortpa, Jane 30, 1892. The rteamer Philadelphia, MeGowan, is hore in quarantine, haying the cholera among her pasven- gers, several of whow have died since the departure of the steamer from Aspiawall. The authorities of Havara would not p rmit the Philadelphia toremain in the harbor sufficient time for coaling; she was therefore obliged to put into this port, where she arrived on Monday, the 28th inst. The Island of Scribe datos ate eye 2 ieutens Henge, Us at as apa of petreat Peal further at anchor, and the well passengers are now being Janded on the Key. The hall of the brig Emeline has been purchased for the accommodation of those sick. The steamer:will be thoroughly purified and cleansed, but will not be able to proceed on her voyage to New Orleans until! the arrival of a vessel with coal, she having at present on board only forty tons. No communication has been held with the steamer, save through the port physician. Water, fuel, medicines, and every necessary, have been furnished in large quantities, and every facility af- forded the steamer compatible with the circum- stances of the case. Creat pee is due to Captain McGowan for the energy and gontlemanlike deport- ment that have characterized him since his arrivai in our port. By a letter received from BE. H. Mitehell, Eeq , the Pureer of the Philadelphia, dated the 23th inst , I learn the following additional particulars :— ‘The disease first made its appearance as we made Cape Antonio. at eleven 6’clock on the 26th ult., and scemed to come from the island with the land breeze, as when this breeze was first felt, a general languor came over a large number of those on board; and those who died first were immediately taken with vomiting and p' . The disease has very much abated. and I hope on the morrow, when we all get ashore on our little sandy home, the health of those who have thus far been 5] |, Will be continued to them; and that those who are now sick, (of which there are some eight or ten) will speedily be re- stored The pilot boat Euphemia has been chartered by twelve of the passengers, to carry them to Mobile. The Empire City stopped at Sand Key yesterday morning, with a supply of ice and fresh provisions; but these were declined by Captain McGowan. The following list, obtained from the Purser, will show the namcs of all the pogsengers, together with the number of deaths, and the names of those who have fallen victims to the disease :— NAMES OF PASSENGERS ON BOARD STEAMSHIP PHILA- DELPHIA. FOR NEW On Mrs. Nelson and daughter L, A. Middleton, &. Osterie, Thos. Abels, Wm. Pittsford, A. Roundtree, of Mo., 8. 'T, Goodwin, died June 27, J. B. Clark, Mr. Gettel, Wm. McLain, of Mo., Mr. Anderson, died June 26, boy, A. Harrell, D. Wilson, J, Deed, HI. B. Cook, of Ky., died Hf. Hendrickson, June 26, 8. Thomas, T. B. Ridley, of Tenn, FE. Beeson, died June 27, A. Olark, G. W. Jackson, Hi. Mitchell, W. J. Jackson, of Tenn., Philo Alden, died June 27, Jno. Schubert. J. Bonsell, McDonnelland boy, ©, Smith, helly. Smith, .8 Barrett, . W. Burkhart, C. Jacobs, Ww. Morrow, of Ark, M. Gilvery, died June 27, M. McGinnis, A. G. MeNeely, J.T, Metcalf and friond, R. D, Coleman, M. Kerr, no. T. Pea, W. Kar, Wm. Moreland, L.G, Aspers, Wm, Felton, J Giltiny, P. M. Box, Ned Martin, ¥. F. Bogeman, J.P. Barrie, ‘T. H.Brown, FOR N¥w YORK, Henry Gonpillo, of New James Scott, York, died June 27, Wm. Doby, Mr, Douberki. J.N. Doby, Mrs, Doubeski, of New H.C. Dow, York. died June 27, Daniel Hazelton, ~ Walter Mumfora, De B: Mosoly. Mr. Bacon, A. M. Mitchell, of Mo, J. §, Jones. died June 26, F. Bernt, PB. M Barber, L. ¥. Jones, B, Osgood. Mr. Waltezs and brother, L. Wilcoxin, of Ken- : ‘tucky, died June 28, oW. B. Grimes, B. Mililan, A.W, Craigmiles, ‘Wm, Ellison. J. Barton, D. MeCoy, }F. Donan, P. L. Bastelle, “J. Totten, J. MeCasky, W. Ordway. Hi. Wasron, J.P. Tyfie, T. Nelson, J.P, MeAdams, 8. L. Wheeler, P. Hickey. ©. B. Wright, Mi. Hal} and son, H. D. Frederick, N’ B. Webster, | Andrew J. Jones, of li- nois, died June 23, F. Mayer, } J. Dunnegan, James Austin, F. Preston. R.B McCutcheon, J. Preston, D'M. McCutcheon, B. Dunnegan. J EB. BP. Baesette, of New L, Yanderberg, York died June 27, Wm. Smith, Mr. Bermes, J. KR, Russell, E, Dunning, Ww. Ruseell, Isaac Morris, J, O. Ruseell, ©. A. Gardiner. Charles Perser, J, Peeks, R. C. Conner, C,H. Field, of New York, L, Rugeell, died June 27; H. King, 'T. M. Goodman, Thomas Coffman, ce aot + Murphey, D. Mahan, Hi. Sullivan, R. Cornelius, died June 28; Thomas Moraud, G, Ulevey, J. Kinsler, J, W. James. M. Dupnegan, J. ©, Tompkins, P Kinsley. C. H. Parker, A. Wait, D. C. Bellows. ‘John Shurbir, = ee james Pappa, Pat Kav: , of New York, died June 24; Thomas Folay, of New York, died June 27; York, died June 26; . Grennan, John Newton, R. Thompson. lst; R. Th if Richard Pat Hurley, 1st; James Grogai M. Colchan, Hf. Slacker, P. bm tl William Hutton, of lowa, M. Me! ot, died June 27; James Broderick, ¥. Fennell, of Iowa, died John Colins, June 27; Dennis Buckley Thomas McGowan, W.S, Belser, Pat Hurley. 2d, of Cork, Wm. Pierce, Ireland, died June 28, Mr. Mills, John Whalen, Mr. Clark. John Maxwell, of Scot- Mr, Augustus, land, died June 25, J. DeGarro, James Dunovan, Mr. Louis, Barney Brady, Mr. Frossart John Cowls, Mr, Alexander, Mr. Story and son. ¥. Pichaulse, Dr. Gatiier, Wm. Lord. BE. H. Haywood, of N.Car- Wm. 0. Brien, olina died June 27. M. Carroll, J. W. Clarke, J.C, Clark, FOR HAVANA. ©. Gonzales, Vv. Alvanns, of Austria, Mr. Delgardo, died June 27. IST OF CREW WITO HAVE DIED ON ROATD THE PHILADELPHIA Lewis Penelius, of New Orleans, June 26. Jese Sinnet, of New York, do. 25. Patrick Somers, do, do. 27 John Pasehell, do. do, 27 Kaward Rogers, do. lo, 27. M, MeSweeney, do. do, 27. Michael Mullen, do. do. 28 All of the above were waiters, with the exception of Mfe- Sweeney. who acted in the capacity of barber. Ira Burdeall, Eeq., mail agent. in charge of the Califor- nia mails, of June ist. died on the 27th, ‘ Total number of deaths up to 6 o'clock, P. M., June 8, Andrew J, Jones, Pat Kavanagh John M and Thomns Foley died of the Chagres or isthmus feyer—the remainder, of cholera, Isteciiersce prom Lingua Files of the Liberia Herald, to May 10, are in town. They are three days later. Several merchants in Monrovia have ograed upon a plan to import merchandise from Wngland and the United States, One of the company i« abont going to the United States, and another to England, to nuke the neceseary arrangements. Another mereantile company in Grand Basse, have mado a similar movement, and lv tend commencing with a capital of $20,000, which has boen already eubseribed. made to revive the slavo-trade at Spaniards were on shore » sent to the Sherbro as fast chipped on hoard three yest « in Grand Basen is very prosperous, There was more trade brought in by the natives than with- last month The name of wil thot part of Grand Bases known as assa Cove has been changed co Buchanan, in honor o Governor Duchanan, who planted a prosperous eettlement newr the mouth of the river. The people af Onpe Palmas are in earnest in theie viehes few annexation to Liberia. The project is not favored by the republic We paln-oil traders are eevervly pressed for the want of oil-cavks. [ eoveral instances they have been obliged, on this account, to refare puchusing oil from the natives, President Roberts took passage for Sierra Leone on the Sth of May, proposing to ex’ his vieit to the fsland of Madeira, on account of bis health. Tt has been strongly recommended to the President to visit England, and lay before the government the questions in dispute between Liberia and Mr. Hangon, the British Consul’ ‘The ebieftnide of Litile Cape Mount are again disturb- the quietness of the country. rent of amity and commerce has heen concluded eon Liberia and the French republic, on the most ral eee pte cL Louis Napoleon was re- by My. Auguste by Boudin. arrangements can be made. The steamer is there | Interesting Political Intellogence. The following lettor from the democratic candi- date for the Presidency was addressed to the Phila- delphians, in roply to an invitation to participate | me with them in the colebration of the national inde. pendence on the 5th inst :— | Coxconn, N. H., June 30; 1852. Gentiemen :—There are many reasons wh: would be peculiarly gratifying tome toaccept your kindinvite | tion. and pass the next anniversary of ludepeadence as a nation, in Philadeiphia. Wherever an Americsn citizen is found on the recur- rence of that day. whether upon bis own or upon a fo- | reign oil, his thoughts inetinotively turn to the conse | erated locality of the most sublime spoetacte presented | im the history ef governments, and his heart beats quick- erand warmer for his own country, and most ewnestly | for the dixenthral nent of the oppressed. everywhere, xs \ his free glance is turned toward ‘ Independence tall.” The suggestions of severe prudence may, for the mo- ment, be less controlling. but it is well that, onee in gush out, and the generous ardor that glows for the firm establishment of constitutional liberty throughout the | world, Tt is well that we reeount the sacrifices at which ‘this glorious Union, with ali its maultiptied and maltiply- | OF lessings, was purchased, It is well that. iu the midst of our congratulation, we remember that in the weakness of Our infancy as a people, not only words of cheering were sent across the oovan to greet us. but upon. ond arms to strike. How the cherished memories of the noble dead of other lands, whose blood mingled with that of our fathers in the struggle that followed the Declara- tion. the anniversary of which you are to commemorate, come thronging with the grey dawn of that. general jubi- lee! So may they ever come! So will they ever come, while we are faithful to the constitution, true to our mis- teended to us, Inde} have adverted, it would be pleasant to participate ia the national festival in Philadelphia, because I should meet numerous friends whose acqnaintance I enjoyed ab Wash- ington, many years ago. and more. perhaps, for whom I formed tie of unalterable attachment, in that diffrent field of service, to which so many of your citizens were called, in 1847. With these strong inducements for compliance, you will readily appreeiute the deep regret I feel, in bans compelied to deny myself the pleasure of meeting the sterling democracy of your city and county, as oroposed. Thave made arrangements to attend the anniversary of the society of the Cincinnati. instivuted by the officers of the American army.at the close of the revolution. of which my father was an original member. Tuere is no longer hope of meeting the patriarchs, whose names ap- pear with that of the Father of hie country. upon the old cons'itution of the Society. but [ fecl a strong desire to be with their descendants on that day. Accept, gentlemen. for yourselves, and present to the democracy for Whom you «peak. my grateful acknowleds- ments, With the highest respect, vour fellow citizen. FRANK. PIERCE. SOUTHERN RIGHTS CONVENTION. 'The Moinle Register of the 28th ult., publishes the following notice, on bebalf of the Southern State Kights Committee:— The Southern Rights Convention which held its session at Montgomery, on the 4th of March last, adopted among others, the following resolution; — “Resolved, That fora more perfect organization, and to consider our course in the coming Presidential elec- tion, it is hereby recommended, that a Convention of the Southern Rights party of this State, assemble at this Place, at such time as the Central Committee, herein- after pamed. shall designate.”’ The ecaracencles contemplated in the above resolu- tion—-to wit the nominations of the democratle and whig conventions for President and Vice President, having occurred, the Central Committce «lesignates Monday, the 12th of July, as the time for assembling of a convention of the Southern Rights Party at this place, to consider of its courre in the coming Presidential election, and earnestly recommend that the party shouid be fully re- presented. W. L. YANCEY, Chairman of the Central Committee. Montomery. June 24. 1852. CONVENTION OF THE SOUTHERN UNION PARTY. The following notice appears in the Savannah Re- publican of the 3d inst. :— The democratic and whig parties of the United States having made their Presidential nominations, it becomes the duty of the undersigned, as President and Vice Presi- dents of the Convention of the Constitutional Union Pasty. held at Milledgeville, in April last, to fulfil the re- uirement contained in the third resolution of that hody, in obedience to this resolution. we do hereby appoint Thursday. the 15th day of July next. as the time of the meeting of another convention ot the Constitutional Union party, at Milledgeville, for the purpose of consid- “ering the nominations for the Presidency and Vice Presi- dency that have been made by the whig and democratic parties, and for the purpose of taking such action in rela- tion to the Presidential election as shall be deemed proper. ‘The party in each county will be entitled to send up a number of delegates equal to the representation which the county had in both branches of the Legislature, under the old apportionment. A. H. CITAPPELL, SAMUEL FARRIS, JAMES THOMAS, n called above, will not be composed of ates who attended the last convention, Fresh delegates must he appointed. unless the old gates are authorized by their constituents to represent ‘them again. WHIG RATIFI ‘The whigs of Syr ing on Satnrday evenin din the City Io The conventi Ifon _F. Spenehes Daniet oitions were adopted appr tt and Graham, 9 o National Wh'g Convention. A resolution of respect to the memory of Henry Clay wae adopted and the ineeting adjourued with theee cheers for Gen, Scott, and three more for the whig platform of 1852, . WHIG RATIFICATION MEETING IN NEW BEDFORD. The whigs of New Bedford and vicinity held a grand ratification meeting on Friday evening, at whieh I Joseph Grinnell presided. A letter from Hon. Dani Fisher, the district delegate to the conveution, was read, expressing himself in favor ot the nominations, although he had supported Mr. Webster in the convention, Hon Thomas D. Elliot offered a series of appropriate resolu- tiona, which were supported by Hon. C, Winthrop, Col. Netherland, of Tennessee, Col. John H.W, Page and the mover, and were enthusiastially adopted. Mir. Webster's name was warmly grected whenever it was mentioned. There were many tadies at the meeting. and the proceed- ings were enlivened by occasional music by a fine band.— Boston Advertiser, 5th inst. MORE FREE SOIL DELEGATES At a free coil meeting heid at New Bedford, last week, Rodney French, T, G. Coffin, and Nathaniel Hinckley, were chosen delegates to the National Free Soll Conven- tion to be held at Pittsburg. Nevill B, Craig, George W. Jackson. and John A. Wills, n to represent the First Congressional district of Pennsylvania at the Pittsburg convention, The Second district will be represented by Rev. Charles Avery, R. 0. Fleeson, and G. K. Riddle. FREE SOIL NOMINATION FOR GOVERNOR OF MAINE. The free soil convention, lately held at Winthrop. Me , nominated Dr. Holmes, of Winthrop, 4s the free foil can- didate for Governor of the State. MEETING OF FREE SOILERS IN BOSTON. were made Gott, and Geo Gecdes. ing of the nomination of ing the platform of th are chose! A telegraphic Sock from Boston, states that a free soil meeting was held in that city, oh the evening of the Sthinst. It is said that Amasa Walker, Henry Wilson, and others, made speeches, in which they denounced Senator Seward, Gen. Scott, and the whole whig party. Theatrical and Musical. Bowery Trina The receipts of thi evening are for the benefit of Lola Montes, and, if we may judge from her card, it will hea very profitable affair pieces { she has selected are, “LolagMontes in Bavaria.” and the drama of the “Valley Torrent’—both picces being cast to the entire strength of Hamblin’s company, If we may judge from eves houe will be filled to its utmost capacity. Niaco’s Gannex.—The entortainmenis will commence with the drama of a * Roland for an Oliver,’ the charac. ters in which wiil be filled by Mrs. J. Drow, Messrs, Les. ter and Blake, with other artists of celebri This will be followed by © grand divertieement, which includes of the best dances of the French Spanish The performai ees of the French Comie Opera are every night re ived with enthusiastic cheers, Nanonas. Toesrer,—-Pardy continues as indefatigas ble as ever ‘n his endenvors (0 pleaeo his numerous pre ‘The pieces which he advertises for to. night. are “The Rent Day.” and the drama of “ Rebels and Tories, | or the Shoemaker of New York in 17 | cast tothe faly strength of the comp that Mr. Conldock. a ver > which are We pereel been en- ay. leg at thix thoatr ort as Luke Fielding, in the celeb dram catiiled the “ Willow Copse Castin € set will appear this ¢ ion, etyled “The Tempt: ont corps de ballet, Vi © dancer, will exeoute at#on the “Corde Elastique ‘on.’ supported by r Cline, the popu- ral of his most and Professor | ofall and cf wonderful Honey an » will introduce their astonishing performe ance. ent he “Antipodean Freaks,” This is an ene tortainment which onght to attract a large assemblage. Aston Prac sv —Dencttis troupe of | trained monkeys. de 1 goats, continue to give their legalized performanc this ostablishment, but not | with mneh ic scene of *'the | Dererter,”* th and the slaek and | Ueht rope are to be given this evening, jouether wit m interesting and wonderful fea vres. ‘The last juvenHe performance will be given on | Saturday 3 o'clock. pricas Musrum.—Mr, ©, lncetor Of this eotablish: ‘The Wil of enter is one of great variety, and W. Clarke, the talented ut, is to take his benefit ent whieh he has provided ust ensure him what he is | *0 justly entitled toma bomper, The beautiful | styled the © Lady of Lyons,” in which Messrs, Conws | © W. Clarke, and Mise 3 lestay or will appear, will be prevented in the afternoon; and the favorite pieces of t “Irish Lion,’ “ Ladios’ Battle,” and the “ Maid of Mun- ster will be given in the evening, which will introduce Mr. and Mrs, B, Williams, Madame Ponisi. Mrs, Conway, Mre. Skerrett, Mr. Fenno, €. W, Clarke, Pope, and Rey- nokia, in the caste, Crousty’a Ovena Hovse.—Christy’s popular band of negro performers announce another very amusing pro- gramme for this evening. comprising songs, dances, bur- ler , Witticlins and instrumental solos, Woop's Minernexs continue to delight large audiences their excellent. personations of the nogro character, | A The programme which they have provided for thi 4 inj pm ses many of their best features, i ae ap, Axwa Bistior has been singing in Philadelphia with great success, She gave a concert last evenit it Reading. py i. Profesor Anderson was do} iT Sine ‘on the Ls Jost ing magicn! wonders at Gin every year. full latitude be given to the impulses that | ree! sion, and heedful to the lessons of*wisdom which have «le- | Court, when the decision was made | | sueressive night of her engagement, the j right of controlling the care or of giv’ ‘The Mason Wilt COURT OF COMMON PLEAS. ° Decision uf Hon, Judge Ii * In the maiter of the app'ics ion uf James Mason for Lottere : Magpsiate of John Mason, deceased. r was originally presented to i the appsintment of an adminis. Jobn Mason. deceased; and a re- lotters testamentary. upon the of Mx, Mason. ‘This application was made i quence of a decision of the Supreme Court, declaring that the pnper writing purporting to be the will. was not suffi ‘ly proved. and ‘divect the decision of the Surrogate to that effect. and on of the Cirevit Judge. affirming the decision of the Surro- gate, to be each of them ceversed, The ordar proceedu@ to award a feigued isptur to try the vali of the will. It was centénded on behuif Mhe'petitioner, that the latter part of the ordinance. oireeting a feigned issue, was void, because the Court had no power to make such ap order after referrivg the judgment. and therefore that the dogtee Of reverral wa- conclusive between the parties hr deference to. the Supreme Court, I refused to express any opinion on the merits. upon the ground, that’ ai” appli- oution should be first. made to the Supreme Conrteto cor- any such error in the form of giving their judgment, (if it existed ) before an inferior tribunal was required to review the propriety of such decision, This applica tion has since been made und the Supreme Court in an- swer toit. hare decided that the order was properly entered, and as it was not 4p pealed from, was biuding or the parties, aud could not be reconsidered or altered. ‘The petitioner bas again rene w+d his application, and it becomes necessary fur mae now to decide upon the merits its bosom were borne to our shores heurts to rympathize | of the application. The application to ‘admit the will to probate, was originally made in 1859, and the the Surrogate thereon was reversed by him, and affirmed in June, 1842; from which deci-ion an appeal was taken to the Cireuit Judge, whontso affirmed the decision ef the Surrogate, whereupon an appeal was taken to the Chanecl- lor. By, the change in the organisation of the Courtaithe duty of deciding on the appeal devolyed on the Supreme them sing the former desisions of the Surrogate and Cirealt Ju y mot mdent of the inspiring associations to which Y | and directing that a feigned issue should be made up to try the validity of the wal That such an order could have been made by the Circuit Judge. is not only eon- ceded but it must be admitted that such an order was Tequired from him in «il cases in which he decided to reverse the Surrogate’s deci:fon upon a question of fact —2 KR. 8, p 609. rec, 9X.and 2 K.8. p. 10, 50. Upen an appeal to the Chancellor he was required té hear the some in the #unne: oiter appeals from the Surro- gute were heard, 2K. &., 610, sec. 103. In abl otherap- peals from tbe decisions of surrogates. they have beer Egy heard and decided without the aid of a,jury. it docs not however. follow. that the Chancellor could not: have crdered a feigned issue do any case of that nature before Lim; on the contrary. tbe effect of such an appeak being to carry up the whole case from tho Surrogate Court, the Court of Chancery had full power to resort to any mode witbin the poeers of the court for the purpose of ascertaining the facta necessary to a decision thereof. So tar, therefore, as the Court of Chancery had control of this case on the appeal. there can be m0 doubt that until that Court bad finally dixpo-ed of the ease on its merits, the power of that Court over the whole matter continued, and when ¢0 decided the Court stilt had power to. render. the proper judgment, or remit the proceeding to the Court: Welow for that purpore As the Supreme Court now holds the juriediction over this matter in the same man- ner as the Chancellor, that Court. of course, posseases the #ame powers over it, The Snpreme Court also poagesscr the power the Circuit Judge had on these appeals, and the powers heretofore vested in the Cireuit Judge and the Court of Chancery are now ull united in the one eourt- {t is proper. however. to remark, that the powers of the court while acting on ap appeal originally taken to the Chancellor, are not to be confounded with the péwers which that Court might receive if the appeal was-directly fromthe Surrogate, and that the union of those powers in the Supreme Court is not material to the decision of thie question. except so far as the sane might be invélved: in the ¢xeeution of the order directing the feigned suc, and rendering snd order remitiing the cause to any gther’ tribunal for the same unnecessary, When the appeal.is to the Circuit Judge, his powers are strictly defiaed by the statute; he can only affirm or reverse the decision of the Surrogate. He has no power to make any other judg- ment or in apy way to modify the decree of the Surre- gate. But itis not so wben the appeal is from him to the higher courts. Nothing in the statute limite theic such finat judgmont therein as those courts think proper. The statute does not direct ay form of Uteaizlon; but leaves to these Courts all the power: which, as appellate Courts, they possess in other actions: On appeals, therefore. of this nature. the Chancellor be- came vested with jurisdiction over the entire case, and had authority to proceed with the same and make suebh a final order or decree as to him should seem proper, And such power is now lodged in the Supreme court, [i would. only be alter a final deerce in the case, upon the merits, that the Surrogate could be called upon to act either im favor of or against the will, Until such final decis is made the case still remains with the appellate court. The order of the Supreme Court reversing the decision of the Surrogate and Circuit Judge is not. inmy judgmont, suck adecree. It does not decide that the will ia invalid, but reverses the decisions below, and gives as the reavon that: the will bas not been sufficiently proved. If the judgment of that court had not only reversed the decision ofsthe Surrogate and Circuit Judge, but hud aiso declared that the paper writing was not the will of the deceased, the case would have been entirely different. After such a judgment there would have been no bas pie in ordering ‘a trial by a jury. becaure the first. decision upon, the merits would render such a trial useless, ‘There is ‘also some room to doubt whether the order. as made by the Supreme Court. ean in any event be considered as beyond the power of the court "It 18 a settled principle that appellate courts, unless limited by statutory provisions, have the power to give the judgment whieh the inferior tribunal should have rendered = 11d. R141. 4 Ward 95. 5 Hill 507, Thus we have appellate courts reviewing judgments, merely leaving the parties to commences a new action ; or, in addition to reversal. ordering judgment for the appellant, thus ending the cass. or reversiog a judy- ment of the inferior courts and retaining the eave in the appellate court for subseqnent trial or heariag os giving the judgment for the appenant and sending the cace back {o the inferior tribunal for 4 new trial or hearing. There is nothing in the statute which would proiibit the Chan- cellor, when the appeal was to that court. trom a final dis- Forition of the case upon the merits. He wasrequixed to roeeed on the appeal asin other appeals from Su: jes, but he was not limited to a mere reversal of the pone below. Seo Wandoyck vs. Allen. Hop Where the Chaveellor reversed the decision of the Surrogate, and held the case for further orders This decision, as E have heretofore intimated. was the order whieh the Cireuit Judge should have made, in the opinion of the Supreme Court. and they had made the same order that he thaal have made. In addition to that. the effect of their order is to send it back to be heard and dispored of at a Circuit Court in the «ame manner as if the appeal was pending before the Circuit Judge In the case ‘spenard’s wil. 26 Wend., 328. in which the Court for the Correction of Errors reversed the decision of all the courts, Judge Bronson proposed precisely such an order as was made here. viz. merely reversing the decisions bolow, and: or- dering a feigned issue in the court below. In that case.. although the point was argued by the counsel, yet no one of the ju lonbted as to the power of the court to make such an order. and Justice Bronson exprenel, stated that that Court had power to give the same judg: ment as ought to have been given by the court below. P. 322, My conclusion is that the appellate court hae authority to affirm or reverse the judgment appealed from merely. and leave the parties to commence anew in the court below; or, if that court so determiue, may retail! the case for the purpose of making sueh farther order and decree as to that court may seem proper, or may ‘te- i mit it to the inferior tribunal for that purpose, That iw the present case, the Supreme Court having reversed sitase the sgpelitte wont wae tae cause tor as the a] fe may retain « | further decren' inerein, or may treat itas if to | the Cireuit Judge for trial of the issue. Ae all the pow- course within the powers and until a final decisi been made by that court, no order can, What may be the result of such action on the part of the Supreme Court, it is not for mo now to decide, Whether the Surrogate would be bound upon the tinding of the jury being certified to him. to follow the provisions ofthe statute which ites such proceedings when pending before the Cireuit Judge, or whether the Supreme Court must, after the trial of such issue, make a final Judgment or decree in the matter, must be left for future determi- nation. The questions under consideration are hy no means free from difficulty; but my conelusion is that iuj duty is but discharged by a denial of this application, “ EF t eek Court of General Sesstens. Betore Judge Poebe and Aldermen Cornell and Alvord. Jory 7.—Lhis Court sat at ten o'clock, as before, A large number ef cases were on the day ealen tar; but the defendants not being ready, only the following were trie1: Bold Robbery by a Decrepit Man.—Charlee Johason,. © rheumatic and disjointed looking oll nogro. was con+ Victed of entering the store of Mr. Murray, in Cortlandt street, on the 6th March last, and walking avay with ihree coats, valued at forty dollars. In consideration mt his state of health, the Court sentenced him to two yours, mprisonment only, <Inother Bold Rattery, and a Woman of Pluch.—Willian, + Carroll was indicted for burglary or grand larceny, Mes Catherine Cook depored—She lived in Seventh avenue, wear Twenty-eighth street; that she went ont to buy some beef, and on her return found the prisoner in het room; he had stolen thiee rolls of pennies, and woul! doubtless have had about $50 worth of jewelry, if time had permitted; she seized hold of him, and held on him; he resisted, but, with another woman's assistance, she secured him; there were six families in the house - besides herself. “The charge of burglary was abandones, and the case submitted to the jury as ‘one of petit Ine- ceny, or attempt at grand lareeny. They fund him . guilty of the latter. aud the Court sentenced him to two years and six months imprisonment, Larceny at the Astor House —Charlos Neer, intictod for grand larceny, at the Astor House, in stealing a golt watch, &e,, the property of the Mayor of Detroit, while that gentleman was stopping (hero, pleaded guilty, Sen tence deferred. Insanity Hadden Mood. indicted for yeand larceny was rent to the Lunatic Asylum, belag qusce ingaie, rant incompetent to plead, Business of the Court.—Jndgo Beebo intimated the Court would not sit more than one week. d sing vile time they hoped to go through the prison ca-es, and afford ail thore who wore ready an opportunity of boing tried. No more being so to-day. two lischarged. no bill having been found in the one case, and a plen of guilty being accepted, and jndzment suepended, ia the other, ‘Lhe court adjourned tlil toomorrow, Superior Court=Speeial Term. Before Chief Justice Oakley. THE EIGHTH AVENUE RATLROAD, Jury 6 — Pettigrew, Sherman, and others, vs, Gustavus puersand the Mayor and Corporation of New York, Ite this case the plaintiffs were the original grantees of the Kighth Avenue Railrond, but by « subsequent. action of the ion. the line was granted to the defendant. , 1 the present application is a motion for an injunction against the defendants, restraining them from proceeding in the construction of the Fighth Avenue Railroad. The plaintitts alleged that Connover is the mere agent of Kipp a Brown, whove object in tu prevent the line being laid down, ‘Teiporary injunction slanted, fause to be shows on Poerday next,