The New York Herald Newspaper, November 20, 1852, Page 7

The Rejoinder of the Niearaguan Minister, LeGation or Nicaragua, New York, Nov. 19, 1852 TO THE EDITOR OF THE NEW YORK HERALD. Bir:—A communication, purporting to come from the direetors of the Nicaragua Accessory Transit Company, and signed by the Vice President of that company, has appeared in the newspapers, with the purpose of endeavoring to break tho force of the documents already published, respecting ita acts and affairs, and to mislead and confuse the public mind as to the true points of controversy between the company and the State of Nicaragua, and my- self ag its representative. The statement, that so far as the company is concerned, it is unaware of avy “difficulties of a serious nature” with Nicara- gua, is put forward with a gravity which is hardly less ludicrous than the statement is mendacious. The disagreeable duty has been imposed on me to make numerous remonstrances, and to take many and energetic measures against the assumptions of this company, its illegal acts, and general and fla- grant disregard of its obligations; and in doing this, it has been the fortune both of myself and my ernment to be met, from the outset, with eva- sions, bad faith, falsehood, and abuse. The principal object of the communieation of the directors is to explain why they violated their char- ter, in refusing to name arbitrators for the settle- ment of ce! disputed charges in the aecounts between the company and State, as if this was the sole point in issue; whereas, this is one only of a series of acts equally vitiating and offensive. By the terms of its charter this Transit Company ia bound to pay one-tenth of its net profits, without deduction of interest on its investment, to Nicara- ua. But it has never paid one cent to Nicaragua, though it pretended, months ago, to declare a dividend of two dollars a share on its stock! Why, if the directors of this company were acting honest- yy. did they not transmit to Nicaragua her propor- ions of the net profits—for there can be no divi- dend without profits? But it is useless to waste words upon this point, for the public is doubtless aware that this declaration of a dividend was a fraad, to delude people into the purchase of tho atook of the company. x Tt cannot be doubted that, ina first settlemont between companies and States, some differences might arise as to what are to be regarded as ‘profits.’ Nor can it be doubted that the “commendable caution” which insults common senge with falso and preposterous charges, in gueh settlement, rges hard on 8 dling. The company in of its capital, that is the money it has spent in boats, roads, &c., shall be charged against the earn- ings of the Gears oop and that the State shall re- eeive nothing until this is reimbursed. The total expendituresof the company for these objects, it is true, have been small, amounting, for steamers, &e., to $210,947 81, and for a road, to $23,985 33, orte a total of $339,933 14. This is the entire amount of the positive investment of the company, according to its ownshowing, the whole of its capi- tal and all of its assets at original costs; that is to say, less than six per cent on the amount of its stoek; yet it has sold this stock at a probably ave- rage rate of aren fe per cent, and still requires Nicaragua to admit the original investment against theearningtof thecompany. Of courss, Nicaragua ean dono such thing. The demand of the compan’ is utterly inadislosable, and not entitled to bo seri- ously considered. The total positive or permanent investment of the sematy in Nicaragua, is the so-called transit road, for its steamers may at any time be withdrawn. This road cost, bageted 32 the oxeggerated showing of the company $25,985. Tho public can judge if this can be lishing @ transit route in the in- tent of the chart: The eompany, in its communication, speaks of Mr. Manning as sole commissioner of Nicaragua, whereas the speci: wers under which he acted ‘Were equally confe: upon me. Mr. Manning was, in fact, only empowered to act in conjunction with self, or, in the exact language of the Bebiead iF jointly and with the intervention of our Minister Plenipotentiary,” &o. If, therefore, Mr. Manning yefused to proceed further than he did, it was pre- cisely because he could not do so, and for the reason set forth by himself, in his letter to the company, of October 6th, in which he said:—‘‘My powers are jeintly connected with Mr. Marcoleta, as you aro aware.” The powers of the commissioners, as such, were only for the liquidation of the ten per eent, in peneeeety pith article 6th of the charter. The power to appoint arbitrators is entirely distinct, and is derived trom article 33 of the char! ‘ter, an that the whole amount | | evel is the cole function of the government, through its | representative, invested with plenar, pba All of the propositions and professions of the company, therefore, to Mr. Manning, upon this point, were idle, and he could not do otherwise than decline action, and refer the company to the government. Now that government had ere ite fully empow- any | ered representative, specially andin the largest man- | wer commissioned to take charge of the interests of the State, as connected with the company. My powers, it will be seen from the fellowing extract, for every possible contingency, even to the amending er of the charter of the company, and to arrange whatever “‘incidente,” circumstance or diffi- eulty which might arise :— Art. 1.—His Excellency Don Jose de Mareoleta is au- therized to arrange with the Transit and Canal Compa- nies whatever circumstances which may oocur, and te amplify or modity said contracts in accordance with the iastractions communicated to him. 7 Not only so, but the Minister of Foreign Affairs, of Nicaragua, in communicating these powers to the gece a ‘of the company expressly informs him that am empowered ‘‘to arrange the various matters | world have accorded to her. were ample | in which Nicaragua is so deeply interested.” This attempt te deny my authority in the premises, is a last, desperate shift to evade a just ebligation (not the first on the part of this company), and has very rly been characterized by Mr. Lord and the goed sense of the community, as “the attempt of men under an obligation which they are unwilling or unable to meot, to avoid its performance.’’ But what- ever may be its pretensions now, for the purpose of evading its obligations, this company has already fally admitted and implicitly recognized my author- ity to name arbitrators for the settlement of differ- enees, in a communication addressed to me, under date of July 15, 1852, and which may be made pab- lio in due time. The company say that the differences alluded to ~ are of so grave a nature that they prefer to submit them to the government direct ‘his, after the ro- sult of fermer submissions of a similar kind, it would geem eqmmon prudence not to attempt. Daring my relations with the company, and when rigorously disoharging my duties towards it, I have more than onee had it intimated to me that “my interest would be found to coincide with theirs,” in a man- ner whieh indicated clearly enough the purpose. To .theze insidious advances I have never had but one answer, and what that was the company is no likely to forget. Failing in their purpose to unduly influenee my conduct, their next effort wasto undor- mine my position with my government, and procure @ representative in place who should be more favorable to their selfish views. Tho Director of Nieara, was besieged to that end, and with an impudence entirely unparalleled, he was told that es this was done the restitution of the port of Ban Juan could not be effected—as if this compan: held the disposition of that port in its own feeble hands! The reply to these advances may be gath- ered from the subjoined extracts from the letters of the Supreme Director addressed to myself:— Lhave been invited to senda new Minister to Wash- ua 80 many proofs of loyaltyas you. I was told ier aloes this wes done retura ‘of the port of fea Juan could not be teed; to which I answered, all which can be done by policy and justice will be ob- tained by the noble efforts of Mr. Mareoleta. I will not re his diplomatic reputation; | @ieparage his merit or Inju Se fen faithful citizen of Niearagua ana will render to his eountry the boon of peace. Again, the Director of Nicaragua, as late as July 31, 1852, assures me that, under whatever dif- ities Nicaragua os placed, he ‘‘has the consolation of knowing that in my hands neither its rights nor its interests can be trifled with.” miserable effort now made to fasten upon me a charge of onalities and disregard of courtesy, fa amply met and refuted in the documents which en made public—in which, it will be besides the vulgar attempt at sarcasm towards my. telf, that my government, also, does not escape the most offensive remar ich as no respectable man ‘would utter, and which no go" ment ean suffer to pass unnoticed. ‘'Conecding to Nicaragus, for the sent the powers and attributes of a sovereign State,” is certainly extraordinary lan the counsel of a company which derives its very ex- istence from that government, and which now sub- sists by mercy. A charge of “intemperate and rr inoges 5 commie | from persons guilky ot rant violations of eommon decency, can hav intercourse have been drawn up and published for effect alone, and in their purpose are too transpa- little weight The rent te require to be characterizedin terms. How important they aro is best shown from the fact that the correspondence between the company and my- self has continued up to this hour, and since these resolutions purport to have been adopted. And here, it is but an act of justice to say, although the mame of Mr. 0, is ay to the letter pub- lished Te wtf he has 0 recently entered w his duties as Vice-Prosident of the company, thet #t 1s not probable he has seen the correspondence hitherto had betwoen myself and the com . Had he seen ten relyin, 1¢ Of layin, | before ‘the Court. Mr, Jobneon asserts that he made use guage to be used by | ded resolutions of non- | upon his high epetoon, I, pba 9 my wrod rnd da a @ wantof cout a mo. ‘And now, sinee this matter asaumed its pre- | sent form, iheve only to add that it is my to fully expose the nature of the differences which exist between the State of Nicaragua and the Canal and Transit Companies, and the extent of the vio- lations of their privileges of which they have heen ‘in Elton | Commences a series of concerts at Metropolitan Hall, on | Monday week, ons scale of the utmost grandeur--there arning and justification of the mea- guilty, of ch my ef veramond has taken, or may take, to secure its rights and vindicate its honor. Meantime, the public ean well understand that ever, means Will be taken to discredit and avert the ef- feot of these disclosures; but the facts will be found be of such a nature as to the sophistry of in- terented and upprincipled ons Bae Jam, &c., J. pe MARCOLETA, Minister from Nicaragua. Theatrical and Musical. Boweny Tuxatae.—The beautiful drama of “Wallace, the Hero of Scotland,” will commence the entertain- ments this evening; Mr. Eddy, a very good actor and | pea favorite, as Wallace, and Mrs. Grattan as Helen | arr. Miss Hiffert will sing one of her admired songs, mtertainments will conclude with the new | ‘The Writing on the Wall,” which has drawn popular ishment large audiences eve evening it has been played. The scenery is beautiful, comprising the village of Penmore, baro: department | ‘all, the old oak chamber, &c, Mesers. Stevens, Hamilton, Grifiiths, and Mrs. Grattan, in the leading parts, Broapway Turatre.—The celebrated artistes, the Bate- man children, whose performances are every evening re- ceived with the greatest delight and enthusiasm, appear to-night in Shakepeare’s tragedy of “Richard the Third,”? Ellen Bateman as Richard, and Kate as the Earl of Rich- mond. Miss Price will dance a pas seul, and the orchestra will play the Young Soule Polka. This will be suc- ceeded by the petite comedy of the “Young Couple,” in which Kate and Ellen will appear, and dance a Minuet de la Cour. The popular farce of the “Spoiled Child” will follow, and all will terminate with the new comedietta of the ‘Woman I Adore.” Nipro’s Ganven —The amusements commence with an overture, which will be succeeded by the new dramatic sequel called ‘‘ Box and Cox Married,” with Mr. Browne, Mr. Wheatleigh, Mrs.Maeder, and Mrs. Conover, in the principal characters, This will be erst by the new divertisement Une Fete Constant! .? in which the accomplished French and 8p anish dancers will appear, ia the Pas d’Odalisques, La Morena waltz, a Pasde deux, and La Zingarilla. The new comic patomime called the & Sailor Boy’s Return,’’ will conclude the entertainments. Monday evening, Anna Bishop and Mr. Braham appear in the opera of Somuambula. Burton's Tuxarne.—Three very attractive pieces are announced for this evening. first is the favorite comedietta of the “Two Queer with Mrs Bernard, Mrs. 8kerret and Johnston in the principal characters, Mr. Holmen will sing a favorite ballad. The next feature will be the laughable farce of ‘One Thousand Milliners Wanted for the gold diggings in Australia,” whieh is nightly witnessed with the utmost of pleasure by are and respectable audiences. The Pas Gizelle by Mics Vallee, and the orchestra will play several beautiful pieces of muric. The entertainments conclude with the drama of the “oodles,” Burton in his famous character of ‘Timothy. Nationa. Theatre —This establishment is every night crowded. The visiters seem to be attracted by the new Irish drama, called “ Eva,” which is perhaps one of the best of the kind that has been produced fora long time. The scenery is beautiful, and the respective characters in the piece are ably filled by Purdy’s company. ‘Those sustained by Messrs. Joues, Cooke, Clarke, Mra. Nichols, and Mrs, Jones, reflect credit on themselves and the manager. The entertainments conclude with the thril- ling drama of the “North Pole,” in which Messrs Tay- lor and Cony, and Master Cony, fill the prominent cha- acters, Waurack's Turatne.—A bill of great variety is pre- | sented for the amusements of this evening. The perform- ances commence with the new comedietta of “Two Can Play at that Game,” Lester, Walcot, and Miss Laura Keene, as the stars. Poole’s celebrated comedy of “ Bimp- son & Co.” will follow, with Mr. Blake, Mrs. Buckland, Laura Keene, and Mrs, Brougham, in good characters, ‘Miss Malvina will next appear in a grand medley dance. ‘The orchestra w ll play the overture to ‘: La Sirene” and the “Nightingale Polks,”’ and the whole will terminate with the “Boarding School,” in which all the leadi artists of Wallack’s theatre will ap Mr. Leste fine comedian, tal ‘is benefit on Monday evening, John Breugham takes his benefit on Wednesday night, American Museum —The successful temperance drama styled the “Last Nail, or a Drnnkard’s Vision,” is to be | repeated both this afternoon and evening, affording a fine ciety, for those who cannot afford time to see it in e evening. Wurre’s Tararne or Varietirs,—The amusements to he given at this popular place to-night eomprise “The Toodles,” in which Mr. Chanfreu will appear; “Crossing the Line”; ‘The Youth who never saw a Woman,” and “Paddy Mile’s Bey.”” Cincus.—Two splendid equestrian entertainments are to be given at the Bowery Amphitheatre to-day, one in | the afternoon and the other in the evening. This will be fine opportunity for the juveniles to witness the great feats of Bands & Co's. extensive company. Curisty’s Orera Hovse.—€hristy’s Ethiopian Opera ‘Troupe announce another attractive programme for this g—melodies and instrumental performances. ‘Woon’s Minsturis have provided d good bill of enter- tainment for this evening. comprising some of their best negro melodies, and other features, Map. Henrietta Sontac, the distinguished soprano» will be six hundred performers. Her concert at Boston, on the 18th inst., was attended by a briliant audience, and 4 off with “TI Puritani” and “ Lucia’ were most cl formed, and Mad, Sontag won new laurels, Map. Axnon1’s concert at- Springfield, Mase. was not very well attended, but made up in enthusiasm what it lacked in numbers’ In the tingle song which we heard. says the Springfield Republican, Mad. Alboni exhibited the marvellous depth and fuliness ef tone. and that per- fect eace and rkill of exceution which the crities of the mingly per- iS epglause. ihe quattettes font) <1 top of the mountain; deceased saw ic coming, ana hid | ‘tyre, bricklayers by trade, residing at No. 91 Mulberry an Naga Mr. Vandenhoff are performing at Mrs. Margaretta Gosein wife of John Gossin, the cele- brated clown, died at New Orleans on the 11th inst. . Mr. J. R. Beott is performing in Providence. Superior Court—Part Second. 5 Before Hon. Judge Campbell. Nov. 19 —The Pleaswres of a Boarding Hse.— Frances Winne vs. Rosine Desmarets.—This was | an action fer astault and battery committed upon the plaintiff by the defondant, mh April 1852, at a boarding house kept by the latter at 45 Chambors | street, and where the plaintiff boarded. From the | evidence, it appeared that plaintiff was a vest engs, maker, and hi rooms and board perma- nently of the dofendant, at 45 Chambers street, | where sho remained for some time, when she was taken sick, and confined to her room and bed for a couple of weeks. During the first week of plaintiff's illnees, defendant allowed the sorvants to attend | upon her, but afterthat prohibited them from going into her roem, or affording her any of the courtesies usually extended to other boarders. Defendant at last sent the plaintiff a note, stating that her rooms were wanted, and that she must vacate them, which a proceeded to do, when fendant seized | | old of her, spitin her face, and locked the front | hall and basement doors, thereby preventing her | from getting out of the houre, until the police were sent for. ere being no defence, the jury returned a verdiet for the plaintiff for $125. Police Intelligence. An Alleged Charge of False Pretences.—Yesterday eomplaint was made before Justice Osborn, R. Hazewell, doing business at No. 11 Wallstreet, against Ovid F. Jobnson. charging bim with ebtaining $120 un- der falre representations. The facts, as sworn to by Mr. Haxewell. before the I’elice Court. are :—That Mr. John son, en the 30th day of October last past, called on him at his office in Wall street, and wanted to ss $120, and, es an inducement for the proeurement of the loan, re- resented that a Mr. Stephen D Dillage, stopping st the letropolitan Hotel,’ who was then out of town. had that amount in his possession, subject to his (Johason’s) or- der, Mr. Hazewell, in order to satisfy himself respecting the rerpomtibility of Mr. Dillage. at the request of Mr. Johnrom, calledon Mr. Edi id C. Genet, of No 113 Chambers street. and was there informed of the perfect responsibility of Mr. Dillage. Thereupon Mr. Johason | made a draft, of which the following ie a copy :— New York, Oct. 30, 1852, Sreruex D, Diniace, Esq., " Metropolitan Hotel, New x. Please pay George RK. Hazewell, Feq., on Monday | morning, witheut grace, ene hundred and twenty dol- | ie received. OVID ¥ JOHNSON. bove draft Mr. Hazewell loaned to Mr. John- son the $120. and, onthe return of Mr. Dillage, the draft was refused on the Lod ir. Johnson were in his hands, nor was Mr. Johnson suthorized to draw on him for any money whatever. The abore is the substance, as sworn toby Mr Hazewell, but as yet there kas not ben any affidavit made by Mr. Dillage. During the afternoon Mr. | Jobnson before magistrate for the purpose of confionting the aecusation, and desired a Ing, for the pu: all the facts in the matter properly of no falee representations, as the facts will clearly show on Monday, when the whole case will be exhibited before the Court; until then Mr, Johnson was permitted tore. | main on his parole of honor. | Carelessness in Blasting Rock.—Officer M yeeter- dey arrested a man named John Riley, ona charge of | carelesrners in blasting rock thereby endangering the limbs and lives ef persons in the vicinity. It seems that the explosions were made without properly covering over | the top of the blast. Justiee MoCrath held the accused to bail, to answer the charge. Sr. Pavn, Mixwksota.—The editor of the Minne: sota Democrat. under date of October 57, writing in his poner about the wenther there, says :—We bave had a long seacon of delightful Indian summer, but for several days past an be tog of smoke, caused by the prairie fires. There has been great destruction of cord wood, fences, hay and other property. Two hundred tons of hay, belonging to Fort Snelling. was burnt up last woek, A great many farmers have lost all their hay—a serious injury to the country, Governor Rameey arrived on the Greek Slave on Satarday last. He brought the Sioux money—$690,000. Our people have been im high glee over since! i JuprcraL ArromntMENT.— Governor Campbell, of Tenneeeeo, has appointed Hon. R L. Carathers To be one of the judges of the Supreme Court of that State, viec Hon. Nathan Green. resigned, Cie he has obtained an enviable reputation as # profound lawyer and estimable gentleman, and will doubtless fill the duties of the high position to which he has been called with honor to him- self and satinfaction to the people.— Nashville Whig. Superior Court—Part Second, Before Hon, Judge Campbell. Nov. 18.— George O. Bartlett against the New York and New Haven Railroad Company —Mr, James T. Brady hav- ing summed this esuse for the defendants, to the ‘Ogden Hoffiien for the plaintiff, the jury, | w jarge of the Court, ren @ Verdict for the he Plaimtja, aaseselng his damages at $1,750. | George | | Lynch. sworn--I am father of the deceased ; I came home | morbid state of the ileum and other intestines, the. | ines. and the exertion of the firei City Intelligence, DREADFUL ACCIDENT IN MURRAY STREET—TWO MEN SERIOUSLY (IF NOT FATALLY) INJURED. A terrible accident occurred at eleven o'clock yes. terday morning, at the new brown stone building now erecting in Murray street, by Messrs, BE. 2B. and 8. Higgins and Thurston It appears that large number of men were employed at the house No. 11, in fitting up the ornamental cornices upon the front of the fifth story, whilst another set were working st the partition walle of the front area, The opening upon the side walk was covered by s wooden gangway. At the hour above mentioned, the scaffold at the fifth story broke suddenly, and it, with an immense load of brown stone, fell from that height upon this wooden gangway, smashing it in pieces, and crushing two men beneath the load of ruin. Dreadful alarm prevailed, and when the mass was removed, it was found that the in- jured menwere brothers, named Peter and John MeIn- street, They were taken up insentible, and placed upon stretchers, when they were conveyed to the City Hospi- tal Upon examination by the surgeons it was found that Jobn McIntyre had sustained a bad scalp wound, a com- pound comminuted fracture of the right fore arm, and a terrible Inceration of the left hand, aecompanied by a frao- ture and dislocation of the fingers. Lhe fore finger is com- pletely cut off. Peter received a compound fracture of one of the clavicles, (shoulder blade.) with serious injury of the spine, and general bruising of the body. ‘They lie in a most dangerous condition. The MoIntyres were highly respected for their character and skill as workmen. ‘It is said that the scaffold was frail, and eul- pably overloaded, but whether this is the fact or not we could not learn. Last evening, the men were still alive, but in a very precarious state, both suffering severely. Tue Lare Accipent in Biercker staext.— Coroner Ives held an inquest yesterday afternoon, at No. 97 Charlton street, upon the body of Daniel Linn, who was killed on Wednesday last, by the falling of a building situate upon the corner of Bleecker and [aw mond streets. David Lion sworn —Is the son of the deceased, and « policeman; was on duty on Wednesday last; about four o’clock in the afternoon, heard that the building had fallen; went ap and saw mane an injured man. in @ coach; asked officer Macdougal if he had seen my father; he pointed to a spot in front of the building on Bleecker street, and I then saw the top of my father’s head; there ‘was a timber lying either on or under his neck, Iam not certain which; Iran to get him out, but Captain Turn- bull pulled me away; I had the body removed home from the Ninth ward station house. Wiliam B Hayes—Is a Fire Warden; was at this building about twenty minutes before its falling; examined it at the request of Mr. Vul- be mason; told Mr. Fuller ‘it was most dangerous | ir; the foundation was nearly all removed; was | alarmed in a short time after by the fire bells ringing in my district, and found it was caused by the building having fallen, Levi J. Fuller—Is a mason and builder; had a contract with Mr Walton, the owner, for the mason werk. and made # subcontract with the deceased for the stove work; left the building on Wednesday for an héur and a half; upon my retura [ saw a crowd around it; and learned that Mr. Linn had been killed and some other men injured by the building falling; Mr. Bentley, of Twenty-fourth street, Tenth avenue, had the contract for “shoring” up the house and doing the carpenter work. This wiiness went into a long description of the state of the building and the exertions made by Mr. Bentley in “shoring” it up and securing it. The jury returned the following verdict :—That said Danie} Linn came to his death from injuries received bythe falling of a two story building situated on the corner, of Bleecker and Ilammond streets. The jury are of opinion that the removal of the partitions upon the first floor by Mr. Bentley, was very unwise; and, further, it was the duty of the superintendent, Mr. John Murray. to have seen that the building was properly secured. They, therefore, recommend that John Murray and William Bentley be held by the Coroner for further examination. Mr. Linn was sixty years of age, and 9 nativo of Ireland. Dratus From Rairoap Insuny.—The man named Tracy, who was run over by the baggage car of the Har- lem Railroad on Thursday orale died of his wounds atel1 o'clock on Thursday night, in the City Hospital. As many rumors are afloat relative to the cause of this ead accident, the Coroner permitted the body to be re- moved from the Hospital yesterday, and conveyed to his late residence in Fourth avenue, An inquest will be held there this morning at nine o’clock. We understood, at a late hour, that Mr. Thomas J. Smith, the baggage master, is said to have pushed the man off the ear. Mc. 8. came from New Haven yesterday, and entered into recognizance | before the Coroner to appear at the inquest to-day. Mr. | Smith denies the char3e in toto. Much interest is at- tached to the inquiry. Avotner Rawroap Accipext.—A man named John Possony, im the employ of the Harlem Railroad Com- pany, Was caught between two of the cars on Thurs- day evening, when jn motion. He was knocked down and sustained a bad scalp wound, and some serious internal injuries. He was taken up and conveyed to the residence of his brother in Twenty-seventh street, near Tenth avenue, by officer Wagenan, of the Twenti- eth ward police. Exrraorpinany axp Fatan Accipent.—The Corone™ held an inquest yesterday, Friday, forenoon, at the City Hospital, upon the body of James Kennedy, who died from. injuries received, upon Monday, the 8th inst . in a quarry at Upper Closter, in New Jereey. Patrick McEvoy tes tifled—I reside at Upper Closter, N. J.; I work for Thos. Jackson, of that town; upon last Monday week I was at work ina quarry, with the deceased; vetween 12 and 1 o'clock, some men above us were rolling rock down from. ran and sheltered behind # large rock at the foot of the mountain; the rolling rock moved down upon the one he went behind, and eplintered it topicoes; it, (the rock,) still rolled on.and crushed the deceased; there is no blame to be attached to any one; he was removed to this hozpi- tal. William Renyan corroborated this testimony. Ver- dict—death from injuries accidentally received at a quar- ry in Upper Closter, N.J. Deceased is a native of Ire- land, aged twenty-four years, Street Accrpent.—As a young lady, named Matilda Bedell, was erossing Broome street, last Thursday even- ing, her head came accidentally in contact with a cart, by which she sustained a very severe injury. She was teken to her lence, in Goerck street, by officer Hal- SuppEn DratH FRoM Concxstion oF TH Bri quest was beld at Bellevue hospital, on Thursday evening, upon the body of a German, named Jobn Ekruauir, who died suddenly on the previousevening. Augustus Schren — Rerides at Fourteenth street, near Tenth avenue; knew deceased for two years and a half; he boarded with me in New York, he came to my house upon Saturday last, (18th inst,); he eompl of illness; he was sober; he ‘was confined to the house during Sunday; he died, sud- denly, on Wednesday evening, at five c dissipated habit. r Liddeli—Made amination of the body; found the bi Dranes congested, and an abundance of the viscera of the arachnoid; upon opening its lateral ventricles a quantity of bloody serum flowed out; the consistence of the braim was good; the lungs were con gested; T think the man was in the habit of drinking. yerdict—Death from congestion and effusion of serum upon the brain. Dratn rrom Crorrra Moxsus.—An inquest was held | ore at No. 83 Pitt street, upon the body ofa woman | named M ho died there, euddenly, upon the night of last ‘Thursday. Anne McDermott, sworn. Lives at No 83 Pitt street ; deceased was a distant rel | this case being unable to sgree to a verdict. were kept tion of mine; she stayed with me when she was not a service ; came to my house sick, on Thursday, from her | place in Allen street ; I got her some medicine ; at twelve | O'clock at night she appeared better ; at three o'clock, morning, she got worse and I went to her, she wag then breathing her Inst, After Dr. Liddell had ‘testitied to the | st rendered a verdiet of death from cholera morbus. | Mrtaxcnoxy Dear oF 4 Os1D.—Cavrion to Parents. | Coroner Lyes held an inquest yesterday, at No 173 West Twenty-third street, upon the toiy of a child named Pierce Lynch. who died from the effect of a rcald, which he reeeived upon Wednesday afternoon. Patrick to dinner at twelve o'clock, Wednerday last ; my wife poured outa bowl of eoffee for me and placed it upon the edge of the table ; decoared resebed up and took hold of , the saucer and tilted the bow! over, «pili its contents ‘upon bis face and borom ; we stripped off his clothes and | all the skin rolled off him with the clothes ; Thad two | doctors with him ; he lingered until yesterday, when he died Anne Lynch, the mother. corroborated this testi- | mony. Verdict—Death from being aceidentally roalded , by caprizing a bow! of eoffee ppon himself, on the 17th | inetant. Cup Exrosunr—Dratn —Coroner Tves was notified to | hold an inquest upon the body of an infant. which was | found, early on Thursday morning, floating in the North river, at pier 13. The body was packed in a box and thrown into the water, It was recovered and reported by offloer MeDougall of the police force. A female ebild, of about six weeks old, was found, last Weduesday night, in the | area of the house No. 18 Bethune street, where it was ex- posed. at peril of its life, by some person at present un- | nown. It was cared for at the Ninth ward station | house, and then taken to the Almshoure. Anotnen Deav Crip Fovsp.—The body of «dead in- | fant was found et an early hour yesterday morning packed ime barrel, and lyingin a new building tituated on the south side of Twenty seoond street, between Nimth and | Tenth avenues. { Tunes 1s tHe Street —At a late hour on Wednesday | night officer Smith observed a man lying upon the side | walk in Greenwich street, Upon the officer approsebing | him he found that he was dangerously iil, in 3 fit. He | had him conveyed to the City Hospital. ‘When the ofti- | eer left him he was unable to tell his name. \ Fine m Covumma Staret.—About eight o'clock Inst | | evening, @ fire was discovered to exist in the seoond | story of the extensive pattern shop of Messrs. Hoe & Oo, | situate in Columbia street, near Broome strect, The origin of the fire is mot correctly ascertained, but owing to its timely dircovery by the watchman upon the prem- | Hy it foae soon eo # from water, and the reat heat, sotin upon the various patterns, caused em to etart and burst from shape. The entire da- | mage will amount to several thousnd dollars We un- derstand that the fire will cause no serious interruption | to the business of the Messrs. Hoe, | Fine.—On Lala ng evening a fire was discovered in | the fourth atory of the house No 37 Attorney street. The | spartments were used by Mr. Peter Muller, as a cabinot | maker's shop, and the fire was communicated from the | store toa work bench which stood near. It was extin- guished with trifling damage. A section of offieers from the Thirteenth ward attended. Tne Wratner, from daybreak yesterday, was calm clear, and guirhed. The chief a 3g deg ; at3 PB. deg 6 42 dog The night was eold, late hour bad the appearance as if frost would pre- @ ground to rieeive a fall of snow. Miritany Panapes ~The following companies passed our office yesterday upon their way to the eountry for | target ested _ | 1 ‘etrey Guard, commanded by Captain Cyrus Shea, on their way to Paterson, made a very fine appearance, They mustered sixty muskets, and ehot for thirteen prizes. The Pickwiek Guard, under command of Captain M_J. Ni visited Mount Prospect on Wedneed Tnabfor target practice. They mumbered Wp nies cacshebs, and were accompanied by Adkin’s Washington Brass Band. This company is composed of the members and ttaches ef Ki Hove Co, No, 2. They pasrod | the requirement of the said writ of ha | the defendant to the Hxnavn office on their way, and made a very eredita- ble appearance. Boarvixe House Exrontion Urow Sraaxceas.—A few days sinee, a gentleman from New Hampshire arrived in this clty, accompanied by his wife, and being a stranger he applied toa man to recommend him to a boarding house for the night. He was taken to one in West stree where he made an agreement for lodging until nex morning, Upon taking his trunk up stairs, he did not like the & Sagem of the house, as regarded comfort, &o. Hethen left his trank, and founds friewd from Brooklyn with whom he went home. Upon applying for his bill next day, in West street, the sum of $2 50 was demanded for the night, This he refused to pay, and his trunks,were then {deteined, and were only recovered, after much personal exertion, by officer Masterson, of the Chief's office. This line of conduet loaves a very bad impreseion upon the minds of strangers, Mas, Frances Wnicnr p’Anusmonr’s Lrrmoorarinc Ponrnarrs.— Although the system of daguerreotyping is rapidly extending, and threatening. at no distant day, to entirely supersede the old methods of portrait taking, lithography {s still successfully cultivated, as a means of resenting life like portraitures of Gistioaolahed indivi- Quals. The latest specimen of this species of art is the likeness of Frances Wright d’Arusmont, execuied b: Messrs. Nugel & Weingartner, and published by Mr. Wil- liam E. Rore, of Reade street. Apart from all conside- | rations of likeness, this forms @ very beautiful picture, | and, as a work of art, reflects credit on the age and on the men who produced it, Finemen’s Visrr —Clinton Hook and Ladder Company | No. 2. of Brooklyn, passed our office yesterday afternoon | upon their return home with a splendid new apparatus. e truck isa very splendid affair, and was drawn by about fifty men of excellent appearancef The company gave three cheers for the Hznatp as they passed, Tainvre ro rH Memory or THr Late Jupar Sanronv, anp Davin Grattan. , oF THR New York Bar.—We understand that che committees appointed by the mem. bers of the New York bar, to arrange for the execution and erection of suitable testimonials to the above named de- parted eminent members of the profession, have docided m adopting a medallion head in marble, with allegorical tablets, and a suitable inscription foreach, Thecommit- tees have determined to entrust the exeoution of this work to T. D, Jones, Eeq , the eminent sculptor, of this city. Bannon Masrens,—We are requested to state that Messrs Joreph Rose. Jr., and M. D, Gale are not seeking the office of Harbor Masters. They already have elective offices, and “ suilicient for the day, &o.”” 3 Two lads, named ly an , broke into the rooms {| of the Primary School, in Twenty-ninth street, near Ninth avenue, at am early houron Thursday morning, and stole a quantity of books, pencils, and other things there- from. Their more active literary pursuits were inter- rupted by an officerof the Twentieth ward, who arrosted them. Justice Stuart recommended a more restricted cow se, by committing the two to prison. ‘Trial of Howlet for the Murder of Baxter, | COURT OF OYER AND TERMINER. The Hon, Judge Edwards and Aldermen Denman and Ward presiding. Nov. 19—The People vs. Nicholas Hewlet, charged with the murder of Charles Baater, a Watchman —The jury im together all night. At the sitting of the court this mora- ing. Lan 4 were still divided; and their honors, after setting down the trial of Gillan for Saturday morning, took a recess, with the jutention, we understood, of keeping the jury together until that time. THE VERDICT GUILTY. At ton minutes to two o'clock P. M., the jury, having been seventeen hours in deliberation, entered the court, and in answer to the Clerk, the foreman replied that they had agreed upon a verdict. The Clerk—How say you gentlemen, is Nicholas How- let, the prisoner at the bar, guilty or not guilty of the murder and felony charged ? Forewan—Guilty. We recommend him to mercy. The prisoner received tho verdict with the most per- fect calmnest—not motion of his countenance was per- ceptible; but his elder brother, who was seated by his ‘side, buried his face in his handkerchief and wept. Ina moment or two the prisoner turned to his brother, and with a mile made rome remark. le. was then removed to the Tombs. and the Court adjourned to ten o’clock Baturday morning. We understand that the disagreement was that there were eleven for conviction and one’ who could not con- yict on eircum:\antial evidence--the recommendation to mercy was the compromise. ANOTHER MURDER. In the case of Peter Gillan, late of the Sixth ward, charged with the murder of Charles Foster. on the 17th February, 1850, by stabbing him witha knife in the ab- domen, the District Attormey said that the physician who attended the deceased is not im the city, ving since that time. now nearly three years ago, been appoint ed surgeon tothe Princeton. Mr. Brady who is counsel for the accused ((illan), requires time to see if he could consent to the depositions of the witness as taken before the Coroner being read on the trial ‘The Court then set the case down for to-morrow (Sa- turday), to which time they would take a recess, The Late Slave Case—Certiorart, SUPREME COURT. The People of the State of New York, ex rel. Lowis Napoleon, against Jonathan Lemmon, a citi zen of Virginia.—Having observed from the com- ments of a portion of the press, that considerable misapprehension exists in regard to the legal grounds on which we sought to protect our client’s rights respecting his property, consisting of eight slaves, we take this opportunity to correct that mis- apprehension. On the argument before Justice Paine, we opposed tho discharge of the slaves on the ground, Ist, that by reason of the comity exist- ing between the several States of the Union, the citizens of a slave State have a right to take their slaves through a free State in transite to any other slave State. We cited various decisions, in which it was expressly adjudicated that this right exists. Not an American authority was cited to the contra- ry, for the reason that none could be found. The second ground taken by us was, that the statute of New York, ede | that slaves shall not be im- ported or introduced into the State, has no applica- | tion to this case. This statute, when interpreted by | the ordinary rules of construction, applisable to all | statutes, we contended, contained nothing more | than a prohibition against the introduction of slaves into the State, for the purpose of remaining or re- | siding here, either permanently or temporarily. We do not desire to spesk disparagingly ef the emi rent Judgef by whom the slaves were discharged. We ask, however, for the suspension of public | opinion in regard to our legal propositions, until we can be heard before the Supreme Court, on the ap- eal which we have taken from the decision of | judge Paine. Henny L. Oxinton, Henry BD. Laraven. " PROCEEDINGS, THE BROADWAY RAILROAD, Contract Approved by the Board of Aldermen, ko., &o., &d. pares Se NEW YORK COMMON COUNCIL. [OF FIOTAL.] Stated Session. Boar OF ALDERMEN, Friday, Noy. 19, 1852. Present—Richard T, Compton, Hsq., President; Aldermen Moore, Haley, Sturtevant, Oakley, Boyce, Barr, Tweed, Brisley, Francis, Smith, Pear- sall, Bard, Ward, Denman, Corngll, Alvord, Do- herty, Peck. The minutes of the last meeting were road, and approved. PETITIONS. By Aldermen Douerry—Petition of Joha Lynch and others, for permission to run small cars on the Harlem Railroad track, from Thirty-third stroot to the Astor House. To Committee on Streets. By Alderman Saira—Bill of Dr, Kimbark, for medical services at Eleventh ward station house. To Committee on Police. By Alderman Twerp—Petition of Joseph Mun- son, for release from rent ef small boat District, for year 1848. To Committee on linance. By Alderman Suiru—Petition of Eogine Compa- ny No. 8, to have their house extended and repair- ed_ To Committee on lire Department. By Alderman Barr—Petition of Thomas Brady for extension of time in building sewer in Division street. To Committee on Sewers. By Alderman Boyce—Petition of Wm. Radford and others, for privilege of laying a railroad track through Ninth avenue, Gansevort street, Washing - ton street, Battery Place, and Greenwich stroet. To Committee on Streets. By the Presipent—Petition of the trustees of the Welsh Congregational Church, in Eleventh street, between Second and Third avenues, to have two Ca poate in front of their church. + By Alderman CorneLi—Petition of Jonathan Mills and James Knight, for permission to connect a private drain with tho sewer in Sixth street. To Committee on Sewers. By the Samze—Petition of Wm. H. Morrell and others, in favor of giving to Garrison & Meriam tho grant of the First avenue railroad. ‘lo Committee on Streets, By the same—Petition of Anthony Dugro and others, in favor of giving to Garisson and Meniam, the grant of the First avenue railroad. To Com- mittee on streets. By the same—Petition of James Keane and others, for gas pipes to be laid in Fifth street, bo- tween avenues A and B. To Committee on Lamps and Gas. By Alderman DonEerty—Potition of Thomas J. Hagan and associates, for a railroad in Third avenue. To Gommitteoon Streets. By Alderman Moone—Poetition of Theodore Vugs- ley, for remission ot tax. To Committee on Finance By Alderman Donerty—Petition of Francis Lee and others,to have Croton water pipes laid in lorty- first street, between Ninth and Tenth avenues. To Committee on Aqueduct Department. RESOLUTIONS. By Alderman Donerty—Resolved, That the Com- missioner of Repairs and Supplies be, andhe is hereby, directed to cause suitable water closets to be placed in the basement at the Hall of Records, im- mediately. Adopted. By Alderman ALvorp—Preamble and resolution in relation to the lease of a lot and the building of a house for the use of Engine Company No. 23, and Hook and Ladder Company No. 9. Referred to Committee on Fire Department. By AldermangjTwrep—Resolved, That tho Street Commissioner be, and is hereby, directed to have the sidewalks in Madison street, in front of lots No. 218, 220, and 222, flagged, without delay; also, Rutgers street, from No. 25 to the corner of Henry street. Adopted. By Alderman Warp—Resolved, That the clerk of the|Commou Council be, and ho is hereby, empower- ed to employ a temporary scrivener in this office, at a compensation not exeecding $650 per annum; and that the Comptroller be ‘directed to pay said scrivener at said rate, from the 27th day of October, 1852, on the certificate of the clerk. Adopted ona division, vi: Affirmative—Aldermen Haley, Oakley; tho Prosi- dent, Aldermen Francis, Smith, Pearsall, Bard Ward, Cornell, Alvord, Doherty, Peck—12. INVITATIONS. An invitation was received from tho Hancock As- sociation, to attend their Fourth Annual Ball, at Niblo’s Saloon, on Monday evening, December 6 152, which was accepted. e REPORTS Of Commitete on Finance—In favor of selling premises, No. 44 Chatham street, to John Syms. Adopted on a division, viz :— Affirmative—A ldermen Moore, Haley, Sturtevant, Oakley, Boyce, Barr, the President, Aldermen F'ran- cis, Smith, Bard, Cornell, Peck—12. Negative— Aldermen Tweed, Brisley, Pearsall, Ward, Denman, Alvord, Doherty—7. Of Committee on Finance—In favor of remittin toxes on the following persons, viz :—Charles Field, Terence Farley, Phillip Reid. And adverse to tho following:—B° Newhouse, M. H. Howell, and Henry G. Thompeon. Adopted on a division, viz :— Affirmative—Aldermen Moore, Haley, Sturtevant, | Oakley, Boyce, Barr, Tweed, the President, Alder- men Brisley, Francia, Smith, Pearsall, Bard, Ward, Denman, Cornell, Alvord, Doherty, Peck—19 Of the Bpecial Committee on the Obsequies of the late Hon. Henry Clay. Laid on the tabie, and 2,000 copies directed to be printed. MOTION. Alderman Sturtevant moved that the Board do now proceed to consider the special order of busi- ness, viz:—the' report ef the special committee on New York, Nov. 19, 1852. | Whereas, We have been informed by the affidavit of Henry D Lapaugh, of the city and county of | New York. counsellor at law, that a writ of habeas | corpus was heretofore issued by you, under your | hands and seal, on behalf of eight colored persons, | or; slavee, named and known as Emelino, Robert, | Lewis, Amanda, Nancy, Ann, Lewis, and Edward, otherwise called Ned, drrected to Jonathan Lem- mon, acitizen of the State of Virginia, requirin, him to have the bodies of the said eight colore: persons, or slaver, forthwith before you, to be dealt, with according to law; and whereas, lp to | beas corpus, the bodies of the said eight colored prrsons, or | slaves, were brought before you; and whereas, such returns,fand a demurrer'thereto, were made upon tho | suid writ that thereupon you proceeded to hear and | determine the said writ; and whereas, such proceeg- | ings were had upon the raid writ, return, and de- | a | murrer, that you, the said jastice, did order, adjudge | | and determine that the eight colored persons, | or slaves, hereinbefore named should be dis- | charged from the eustody or restraint of the afore- said Jonathan Lemmon. And wo being willing to | be certified of such preeeedings as were had before | ‘ou, do command and strictly enjoin you, that you lo certify and return those proceedings, with all thinge, papers and schedules thereto appertaining, | unto our justices of our Suprome Court, at the City Hall, in the City of New York, on the firat Monday | of December next, at a General Term of said Court, | under your hand, as fully and amply as the same re- | main before you, so that our said Justiees may fur- | ther cause to be done thereupon what of right and according to law ought to be done, and have you | then and there, this writ. | Witness, the Hon. Henry P. Edwards, Chief Jus- tice of our said Court, at the City Hail, in the city | of New York, this 19:h day of November, in the year of our Lord one thousand eight hundred and fifty: two. Henry D. Lapaugh, Attorney. | H. D. Lapeugh and Henry L, Clinton, of Counsel. | Gro. W. Risikr, Clerk. | EnporsrD—I allow the within certiorari, this 19th | of November, 1952, 1. P. Eowanps. | Justice Supreme Court. First District Court. | te Before Hon. Judge Green. Nev. 19.—Pollemus Antomedes against Harman H Gwnter.—The parties are tavern keepers. The plaintiff jie this action to recover the value of certain clothing belonging to him, and whieh wero stolen out of a room oecapied by him in defendant’s house, called “Gunter’s Hotel.” It appears that — plaintiff, and one Amos C. Bell, hired a room to- | together from defendant, in the house called ‘‘Gun- ter’s Hotel, in Fulton street, in this city, for which they ed to pay $3 50 per week, for lodging ‘alone; tMat the defendant let out rovms in his house for lodging only; that he kept a barroom and a restaurant on the first floor of the des where pereons—~as well those that lodged in the house as othere--might get their meals and drinks by pay- ing for them at the time they got them. It also appeared that the plaintiff locked his reom on the | morning of the 22d of October last, leaving certain | clothing belonging to him therein, and lefs the key at tho bar; that on his return on the same day, be unlocked the doer of his room, and found that tho clothing had been stolen therefrom; and this action is brought inst | recover the jue of the clothing so lost or stelen, on the ground that the defendant was inn keeper and liable for tho loss of | bia guest’s clothing. Tho ndant’s counsel moved for on-suit, on the ground that the de- | fendant didnot keep an inn and was not therefore | liable. The Judge granted the motion for s non- | suit on the ground that the defendant's house was 8 | mere lodging house, that an inn tavern was, | when the landlord farnished victuals and lodging, and not Tho defendant not being an innkeepers oe to take uncommon eae ed the Woceony tae Guede ts geet. carried. The report was then read. Alderman Warp also presented a minority re- port on said subject. Which was read. Alderman Warp moved that the minority report bs substituted for the mojority report. Which was ost. Alderman Sturtevant then moved the adoption of the majority report. - After some discuesion, the resolution granting to olde, | Jacob Sharp, Freeman Campbell, Wm B. Reyn James Gaunt, J Newton Squire, Wm. A. Mead, David Woods, John LP. Sullivan, Wm. M. Pallis, Jonathan Roe, John W. Hawkes, Jas. W. Faulkner, Henry Dubois, John J. Hollister, Preston Sheldoa, Jobn Anderton, John R. Flannagan, Sargent V. Begley, Peter B. Sweeney, Charles B. White, Jas. W. Forshay, Robert BH. Ring, Thomas Ladd, Conck- in ae jamuel L. Titus, Alfred Martin, D. R Martin, William Menzies, Charles H. Glover, Ger- shon Cohen, and those who may be a:aociated, or hereafter become aszociated, to lay rails in Broad- way, from Whitehall street, through Broadway to Fifty-ninth street, was adopted on a division, viz :— Affirmative—Aldermen Moore, Haley, Sturtevant, Oskley, Barr, Tweed, the President, Aldermen Brieley, Francis, Smith, Bard, Denman, Cornell, Doherty, Peck—15. tO eit Boyce, Pearsall, Ward, Al- vord—4. The several sections were subsequently taken up, and after various amendments the report and reso- lution were adopted by the pores a vote, viz:— Affirmative— Aldermen Moore, Haley, Sturtevant, Cm arch ee La age Aldermen risley, Francis, Smith, enman, Cornel! Alvord, Doherty, Peok--16..” i Negative—Aldermen Pearsall and Ward—2 Alcerman Hatty moved that 2,000 copies of the smended report, together with the minority report, Wy laaees en carried. n motion the Board then adjourned until Mon day, 22d inst., at five ane M. D. T. VALENTINE, Clerk. The Broadway Railroad, THE MINORITY REPORT. The minority of the special committee to whem ‘was referred the petitions of Jacob Sharp, William Menzies and others, for the privilege of laying down and making ® railroad in Broadway, and also, nu- merous petitions and remonstrances, in favor of and against such project, respectfully reperts as fol- low In examining inte the propriety of a railroad in such a thoroughfare as Broadway, we are met at the outset with the great fact, that of the many thou- send owners of real estate on the line of that avenue, but about a solitary dozen are in favor of the mea- sure, while the whole of the residuo are unani- baer c= ( opposed to it. And fursher, when we reflect that of this vast number of opponents are men not only of enlarged views, oocupying the highest position in our com: munity, it oper that arguments and objections, sanctioned and put forth by them, upon a project eeriously “gpl! Property, to tho value of millions of dollars, sho e caret examined and weighed, before any legi lative ly concludes it- self on a eubject of such importance. It seems to have been conceded upon the gle ment before this committeo, that tho original pian or proposition of the petitioners to lay three tracks, with cars of four feet in width, two stories in height, the eubject of a railroad in Broadway. Which was | 7 | sed, leaving the space of nine fect on each side | between the rail and the curb, wherein all carri: and vehicles using that part of the street below the Park would be obliged to confine their travel ; aad | the whole street can be taken for the railway, upon | the mere approval of the Street Commi 4 | The mere statement of this fact is sufficient to | thow why the owners oppose this project. Lo ment can be required to convince any son who has scen Broadway in motion, that nothing short of @ space at least seventeen feet in width on each side of the outer track would be required to allow two | vehicles to pass while the oars are in motion ; nothing less would be sufficient to meet the waate of thote vehicles neceesarily obliged to use that por- tion of the street below the Park. It may be borne in mind by those who have given attention to this sub) and the arguments ad- duced in favor of it betore the committee, that the petitioners. in the outset, proceeded with the asser- tion that Broadway was sixty feet in width, amd af- forded plenty of room for the laying down of a rail way A portion of that committee—and certainly the pub | lic must have been astonished upon beinginformet that Broadway only, in truth, averaged forty-on¢ feet in width. That the portion needing any relief, and which is that situated below the Park, scarcely averages thirty-five feet in width, while a\ Rector street it is but th'rty-two feet nine inehes wide, as ascertained by actual admoasurement. This important fact would, im ordinary eases, be sufficient in itself to create a suspicion in the mind of any person as to the spirit ag cants fora gigantic monopoly which, thus has not only swallowed up all the omnibus limes this city, but has likewise produced such am aecele- ted movement on the part of this committee and rat Common Council, ‘as to cause in the minds of the berger! a doubt of the truth of the old preverb, “* wise bodies move slowly.” But it would seem to be a matter of no impor- tance that these petitioners have been obli te abandon all their previous plans, so care! ma- tured, for the relief of Broadway. No matter that the main fact—and which must have beem with- in their knowledge, as to Broadway not ave! is thirty-five feet in width, from curb to curb, below the Park—was carefully concealed? Yet, it ap- pears a majority of this committee cenesive such mistakes or con | rial; and the pa sufficiently public e immense monopoly, amounting substantially to a | gift of $200,000 per annum from the city treasury andall*this, too, while the committee and the Com- mon Council have before them petitions from sueh ponsible persons as Alexander T. Stewart, Sto- D. Henry Haight, Thomas A. Davies, and others, offering ei the city a bonus, ran, ing from $100,000 to $200,000 per annum, for the | privilege of laying these rails, and running cars | thereon. | There can be no quostion as to the responsibility | of these gentlemen, or of their good faith in ming ou | the application, because they frankly tell | they expect to realize from this monopoly a sum | euflicient to indemnify them for the losses their | property on the street will sustain in the eonstruc- tien of such a railway. Then why hot give to them the privilege? Why | give it to those petitioners who possess no property on the street? Why give it to individuals who have not only shown themselves entirely imprac- tioable, but weve based their application upon a falso statement as to the width of Broadway? It may be said, in answer to this, that the law officer of the city advises us we ‘‘cannot oxset any bonus for this privilege.” (p. 1432.) Well, Sdauiting thay uch is the law, is there any exaction here? Was this argument ever heard in times when our ferries have been leased to tha highest bidder? or when our wharves had been simi- | larly let? or when many other franchises have been similarly disposed of in former days? i Is it pomsibte hat the people of this community— the ta: yers—will fail to perceive the flimeiness of this answer? No. And if any member of this committee expects a tax payer to perceive the difference between letting a ferry and letting the privilege to railway a street, ho will be signally mistaken. There is no difforence between the two cases; and it is no exaction when psrties voluntarily eome for- ward and offer to give us this large sum per annum. But admitting. for the sake of the ament, that the taking of this voluntary offer would be an exaction, let us see where wo stand, and let us see whether, in giving this privilego to these petition- ers and merely porting in return the ordinary license fee for each car, we are not making gifts of the ty he of our Ceckey poie to the tune of about 175,000 per annum 4 : It was ews, upon the argument before the eom- mitteo, that the parties having this menepey could pay $1,000 per annum license fee for each car, and then realize enormous prefits. Indeed, this sum has been offered to us. Now, tho right of the Common Council te fix the tum to be aid for any licerse certainly will not be uestioned; and no one can deny that if they ean ix that ‘license at $20. which itis clearly shown should be fixed at $1,000, they are Siyng aney yaluable rights without receiving an equiv: . roorporation is called great and rich, and it should. be so, in fact, before wo can be warrante in making gifts of this magnitude. It is stated, and considerably commented upon, in the majority report, . f ‘That there owners have at last met on the fame groung with the applicants in bearing a substantial testimong in favor ot a railway in Bi: way, by themselves turn. ing applicants for that which they, at the outset, so ve- hemently resisted. (P. 1,409.) To show bow unfair and disengenuous this state- ment is in a)l ite parts, it is only necessary te refer to their numerous remonstrances and petitions pre- sented and on file in this Board. From an examination of them, it will distinet! appear that the owners have never ** borne testi- mony in favor of a railroad in La by they, | on the contrary, have objected, and still do object to it, but are convinced that s great menopoly, euch as this railroad promises to be—which at: ita | birth has sufficient strength to nearly stifle all ep- | position to it, even in the Common Council cham- er—must award to thoee engaged im it large profits. Therefore it is, the owners suy— Ifour property must be injured by @ railroad running throvgh Broad way—if this Common Counell determines | to place a railroad in that ttreet, against our remon- strances, then give us the Ftiloee of realizing fromthe | pros Which must inevitabl rerult from the a Of such a yo'uable monopoly, the losses which we will, beyond a doubt, ou. *tWise sustain ia the depreciation of our property. { ax sess 46 Tia re ne other point, and one that .° | ceived not hes wile its importance fe maanda, r | Broadway has just been laid with a Ruse pave- | ment, at an expense of nearly half @ million of del- | lars, oe the street, in fact, a railway from | curd to curb, and which, for beauty and dura- | bility, commands the admiration all. The | tenants on the line of the street have not | even yet been relieved from the anmoyanc{ | to their business necessarily attendant upon layine of this pavement; the cement is yet on which this pavement rests; the bills of 6: a not yet oo paid; when, Mdy pope ory “improvement” and ‘‘progress,”’ w! centuriol has been the ‘‘stalking horse” for all kinds ef mo- nopolies, this pavement has to be torn up and de- atroyed, for the purpose of testing ex its im “railroad traction.” accordance with the views following | resp | phen Storms, In conclusion, and in above expressed, the adoption of the Mievetved That ii ex ef |; That it inexpedient to Broadwsy e shdiaboaeei If, however, the Common Council conclude that a railway in Broadway is necessary, then the follow- ing resolution is recommended for ado} 5 ecolved, That the Comptroller advertise weeks, in the Corporation newspapers, for of laying a railway in Broadway. such fy the kind of railway intended, the to be run thereon. the fare for PP Ps annum for G jay’ lice and Fong the smount ‘leew ; ‘fer two i i 3 il F z : eS is fit t é F ‘@ contract may ae! bidder, of ae character Ge er Er “fl tae, ‘as recommended on pages 1 439, 44, 1,442, 1,443, of the majority report of this Comunities. ‘All which is respect sabmitted. (Signed) 8. L. H. Warp, Nov. 19, 1852. of Special Com:nitt Debates in the Common Council, {From our Special Reporter.) BOARD OF ALDERMEN. Tue ssoaoway os ner This being the eve in epecially appointed up the report of the special committee on this ebiefly for the purpose of Alderman Wi minority report adverse to. opportunity of presenting @ project, the audience part of see. Counell Chamber by s number of was, at the hour of meeting. citizens, anxious to learn the views of the Board on this matter #0 interesting to all. Alderman Srvurtevant, Chairman of the Committee, called up the special order of the night, whieh was the report of the Broadway Railroad Committee. Alderman Warp would move, that his own minorit ae. read the repert of the namely, himself and Ale dermen Moore, and Ber J . and had previoasly bees coven we * cpa feet in length, was ontiroly imprac- ticable. _— is ba oe to another be ve cnen is e cast le Scars are to bef the wiathvof an omeibae —t. ¢. oven feet—and if, as stated by the petition- | ers, there should be a necessity for having three tracks, thus, at least. twenty-one foot six inches of the street} would be cece by their rail cars, in- stond of twelve feet six 6 originally pre- hiet form, contained ges and is up. ‘They ony, afret Ey preeediogh nary and formal passages, and «tating iss, Rave bate Bal Sane ee of eon wg it. wi ireulated ably got central throughfare. indispensablo, alike conveyance of the vast, am efavel, and for the