The New York Herald Newspaper, December 8, 1852, Page 3

| 8 E i r FE only friends who cam understand bi sympathise with it It is very apparent organized and ciroumstavced stands vor: of better culture than this coaree of It tis towealataty raguatiows thay cnty TDme nt, & fow salutary 1 ia fron him more thrift. and furnish bim guidance and ‘ll him more useful as a citizen. it respeotabie in hi the same time, aiek 2 I propose, for the consideration of dengressa plan for | ‘the re or ization of this portion of the wavy. which if ‘matured by such experience as ths future practies of it | will, Lam confident, enhance the respec a and value of our seamen, and secare to the coun- ‘try 6 most efil sient corps of mev, permanently devoted to bat ng service. I it cannot be doubled that the successful anpli- ‘sation of the navy to the pur or which it is desigaed would be betier assured by she services of a well disci. Plined and carefully maintsined body of seamen peri ‘ment tached to the public naval extablishmen Ly Smcorporated with it, than it ever nas boew, or is ever Mkely to be. by the fluctuating and variable resources of frequent enlistment and discharge. ‘Tye constant ehanges which this corps undergoes. is unfavorable to the growth of that semtiment, se essential to the service which maken s railor proud of his flag. It is stitl more ‘anfavorable to the ucquiremest of that peouliar sdapia- tion of habit and training to the duties belonging to the employment cf a man of war. which all officers regard us ‘the test and ind‘spensel ent of an eitivient seaman In a large navy, like that of Hogluad, geamen of the mereantilo marine, in a cer- long to the govermment. the diilerenes be- tween the men-of war's mem avd the reaman of civil employment, is not 60 appatent or signiticsat us it our services, in whiva the seamen bear to email a proportion te the whole body of mari. | mers of the mation. Every English ssilor bas erally, more or less service inthe navy, and passes 50 cently fom the private to the public emp) >y ment. as to give bim toa great degree, aw actual incorporation in the national marine; the other, that the seamen of both assimilate more in their training avd education, then the correspondent elesses in this country Our Navy. for obvions reasons eonnected with these considerstivns, is muck more de- pendent upon a body of men nurtured by gorernment | and attached to the eervice, then that of Englund. It is | thertfore a fundamental purpoce in the‘plan which I sub- mit to Congress, to provde for the vititaate establishiaent of a permanent and recognized body of seamen connected with the pavy by the strovgest and most durable bonds ‘of attachment and interest, ‘Whilst providing for the gredual and eventual organiza- | ton of such a body, my attention has been dureoted also to the procurement of men of the highest character in perconal and profersicnal quality in whore good depoit- | ment and feithfal service will be found the most satisfac. | tory reasons for protecting by legal enactment. their whole sgainst the form of punishment which has, of late, | #0 much excited the senribiiity of the nation The suc | cerstul accomplishment of such an object, [ trust, will commend the plan to the regard of all who desire to pre serve that exemption and who have boped to tind it in | practice not incompatible with the highest efficiency of | service on ship boad. : ‘The general outline of the plan may be exhibiiedin the | following regulations, | ‘With a view to the commencement of this eystem and | to organize a body of efficient seamen, of the most mesit- toridus class, I propose that every commanding offiver of @ equadron, or of a single ship, when not with a syuadron, sbail, on his return froma regular crnise, report to the Navy Department, in the muster roil of the men under his command, a statement of the good or bad general de- portment of each man, with a spoctal designation of those ‘whore conduct has merited tbat degree of approbation which cball entitle them to be admitted into the navy. ‘That this report be submitted by the Departmeat to the Prerident, who sbali thereupon issue a general order to admit into the mavy the reamen who have been distin- oye in the report. for good conduct. And the Prosi- it ehell transmit with th's order to the commanding Officer of the squadron or ship, certificate to each sea- man. written om parchment and stamped with the signs ture of the President bimeelf. expressing his approbation of his conduct, and his permission to acmit the subject of it inte the navy, which certifiontes ehall be delivered by squadron or ship, to the men entitled to them, before they ure discharged from the ship ; this delivery to be made ia the prevence of the ‘crews, and with euitable formality, to attrast public notice. That each seaman to whom this certificate shall be awarded, shall, if he accept it, register his name in a book to be provided for that purpose, aod kept on board of the ship, by which register he shall become a registered sas- man of the navy of the United Sts es and be entitled to all the privileges. and be bound to ail the obiigations of that eharacter. This registry bock shall he transmitted to the Navy Department, where it shail be prererved. and the ¢: tries made in it copied into a general registry alphabet! eally arranged, and kept in the Department. tke obligations incurred by every seaman who signs | ‘the register. eball be those of faithful service and a formance of all seamsulike duty under the flag of the United States, good moral deportment end prompt obo- dience to all orders that way be issued by his lawful su periors, +o longas he ehall continue to be a member of the navy. The privileges attached to this registry shatl bo— 1. For every five years of actual duty on board a pnd. Ue vessel, an increase of ons doliar & movth over and above the established rates uf ordinary pay. thats tosay: for the first five years of such sevice. one doilor per ‘month ; for @recond term of five years of such service, on additioval doliar per month: for a third term ‘of five years. another dolinr; snd for a fourth term of five years, making a total of twenty years service, smother dollar; amounting. im all, for each twenty years service to four dollars a month. afver wh Bo fariber inereare to bemale ‘This addicional taonthly pay, Fo earned by rervice, to be paid to each man so tong es he may continue to be a registered seaman of the Bavy; and after twenty years of service, to be patd whether he continurs a registered seaman or not The right to this additional pay to be liable to forfeivure at any timo within the twenty years actual service, by ‘the retignation of any seaman ou the registry. or by his deing struck off tbe list of registered seamen. which be done at any time. and shall only be dons by the order of the Secretary of the Navy. or by the sentence of a Navel Court Mardal, upon charges of viisconduct; in either of which events, resignaticn or disebarze by sea- tence of the S cretary of the Navy. or of a Jourt \ tial, be shall cease to Delong to the navy, and sholl low all the privileges of such a character 2 Every regictorsd cexman to ve entitled to resiga his post in the pavy at any time afier three years service, if Bot engaged on acruise When engsged oa a cruise aud absent fiem tbe ports of the United states he stall not resign without the concent of the commanding offiver of | hisrhip. A record of ali resignations to be duly keptand Teported to the department } A registered reaman of more than twenty years service, continuing in the navy, only to forfeit bis additions! pay wben ruck forfeiture shel! be adjudged by a Court Mar- tisl as punishment for groly immoral or in-ubocdi- mate conduct By such sentence. alvo, for such olfeac is edoitional pay may be suspended by @ court for such time as they may adjudge 8. No registerca seuman of the navy to be subject to sny ccrporal or other pupi-hment ef a degrading ciarse- ter, apd to suck only as my be ord-red by @ Court mare on charges duly preferred aad tried Chis probidi- tion not to prevent the punishment without a Jourt Martial of such minor delinquencies in conduct and dis- cipline as may be corrected by withvvldiog che ugual indulgenoies of the service, ctopping portions of tho ra tion, or incrensing ordinary duty 4. Every registered saman to be entitled after any tera of three years’ cea service, to a furlough of suck reasoma- dle length as may exuble him to mike one or t¥o voy. ages in the merchsnt marine. not extending witho special pamircioa, to more than six months ; such far Jough to be granted by the commanding oficer of ta3 equadron. or the commandant of the mavy yard nosrest tothe port at which his cruise may be terminated, aud only to be granted in any este, with au express re servation snd notice, that the reaman to whom it ts given shall report for duty in the navy, #hen any publis «mar- gency I render it necesswry +o :® order him ; the ordor his returp to duty to be issned by the Navy Depart ment. or by euch officer as may be authorized by the Department to do re. A failure to report, in accordance ‘with this provision, to render bim liable to be strace off the registry by the Secretary ef the Navy Every regis- tered reaman reporting for duty within three months ot his laet cruise, and being thereupon ordered to duty, to ‘be entitled to pay from the date of termination of bis Inet 8. ‘All furloughs to be regularly reported and noted a: the Navy Department. 6. Every registered seaman to be entitled to wear on bis dress some appropriate badge by which he may be | distinguished and known in the navy, which badge wili de deriguated and provided by the Navy Departm-nt, | 6. The petty officers of each ship to be selected ay far | 8 convenient. from the class of registered seaman. aod the appointment always to be regarded as depradant upon the merit and good character of the person sele sted ‘to be held on good behaviour daring the term of a cruise. BZ. A record to be kept. under the direction fof wrery commensing officer of arquadron or abip, of the actual amount of soe service performed by each registered sea- man whilet under his command. This reaord vo be ra- cruise, and | te be transferred to the general regietry of seamen. Upon the evlaence of this general registry, the additional pay to ‘ ranted. . Every reaman to be admonished to give -his trae Dame. age and piace of birth, upon Higolag the registry; and to be required to ergage uot to ship in merehaat or other vessels, whist cn furlough. by any other name. His being eonvieted of vi lating this eagagement to ren- der him liable to be struck from the list of registered sesmen, upon the order of the Secreiaty of the Navy. 9% In Hy case of dismissal from the service as a re- the party #0 diemirsed to reosive what- be dus to him. unless the seme shall have been forfeited by the ventence of a cour! martial, imported #89 punishment for an offence committed by him, A seaman dismissed from the registry vot tobe | tod to be restored bat upon the Permisston of the pee he Navy Department. granted in ovnsideration of us character of the applicant, 10 Seamen ordinsiy eeamen and lavdsmen in the service not belonging to the registry. to he subjes: to such dicipline, duty and pepaltie: ax Vongtess ciuy pro vide, in a ocde of regulations adapted to their govern. ment. under ruch restrictions or modifications as the De- jercription of tire obti ious to be contracted by the nd of the privileges to whioh they may bo antitled Copies ot this book or circulars to be furnished to every rquadron or single veesel in commision of swbich copios one rhall be given to every weamea. in order that he may be fully informed of the mature of the engagements to be insurred bim on enteriag the ser ‘vice of the United States. These regulations to bo read explained to the sevei be me) be en want be mecersary, to every ceaman ra he signs registry. Ti The Department to be authorined to mate, alter, li rules and regulations. so fer a+ i¢ may be xpedient, for the duc cvtabitehment and support ‘he | end sll neecful and proper rules for their governim+nt + interests committed to its charge. to put im requisicion | | best ships avd the best disgiplined crews that navigete sccording to law. to il they arrive at the age of twenty one yeara wumber, the quota to be allowed to each vessel aud duties, to be regulated by the orders of the Navy Department ‘This system of providing for a more effective marine I respectfully submit to your consideration. There al ready exists power in the exeentive to sdopt nearly the whole of its deteils, It may be proper. however to sub mit it to the approval of Congress. with a view to obtain for it & legirlative recognition, and especially to procure fuch enactients a8 may be necessary to give the sano. tion of low to the establishment of the registry which ecastitutes the ground work of the plan INCREASE OF THK NAVY Tv the activity and diversity of enterprise, which the busy spirit of thts has exacted from the mavy, it bas now become manifest that the iocrease af the uaval extsbiichment of the country is not only recommended by the most urgent public considerations, but is #lso forced upon the attention of Congress as jolute ne- cesrity The bonor ss weil as the successf: entare of the pation, aud I might even say the indixp neabie obli- » tion of national defence and the coarteatly recurring need ‘or the ¢xbibition of the national power all com- bine to presaxt this question to Congress as ove of the first magnitude, During the past year thie Ceparsment has beem impelled, by « due regard for the great public pearly the whele disposable force of the navy. Ths de taiin of (bis report will show chat constant and various epployment bes been edemanded of offivera. ehips and crews I trast that Congress will ree in these requisi- tion bow much the demaod of necessary service eogross tbr means provided to accomplish it, and will deduce from this tuet an argument in favor of enlarging the payal resources for still larger paval operations Whilst other great maritime powers are strengthening and extending their capabilities for aggression and de: Jence, aud are bestowing a sedulous labor upon she crea tion of steum navies of rivgular efficiency. they have | impored upon us @ new obligation, if not to track their progress with equal steps in an effort to bring ourselves abreart with them in their advance at least to maiatain that porition of relative strepgth which it has beem our policy heretofore to assume. rhe wctual exigencies of our own service, so conspl- | cuourly muitiplied by the rapid extension of our domain god the settlement of new marts of trade and the es- | tavlishnent of new lives of commerce on the Pacilis, | cannot bat preeent to every citizen of the United States an altogether irresistible argument to persuade the nation tos much lurger provision of ships and men than we have | beretotore kept in commission. ‘The Pacific during | the neat ten years is likely to become the theatre of the | most interesting events of our time A nation is growing upon its shores. which will both attract and supply awount of commercial enterprise in the rapid growth activity of whish the world yet no perallel The di covery of America did not givesuch an impalse to t! spirit 6s we now wituess in the energy and scoupations of these recent settlements. At this moment we are without a public steamship in thet ocean Our various commerce, scattered along the whole coast. from Oregom to “bili, and our citizens, who are found in every port throughout that extended line, are left to the protection of but two frigates and two sloops of war composing ® sqaadron whose utmost ao- tivity evn but baif perform the outy aesigned toit Our rew relations with Asia and the intermediate islands, which are constantly multiplying the resources of trade, avd with them the bazards of collision, and the-conse- quent inerease of numbers drawn from the population of every country. to the competition of this theatre, ali in- dicate the commencement of an era of great political rig- vificance which will henceforth exact from the govern- ment more than its sccustomed vigilance in noting the p-ogrese of evente, and mere than its usual energy = che outy of guarding ‘our citizens who may be connected with them. It is, therefore, more necessary than ever that we should have a respectable force always accessible to our countrymen ip thia field of action. and capable ef giving them protection against the perils of warfand popu- jar outbreak. and revolutionary commotion, which in fa ture, even more than in the past. may te expected to characterize many of the States and communities to which their buriners invites them A steamer of @ large class, adapted to the geners] duties of a cruise, and # small one, to be kept at band at San Francieco. for use in Califor- nia and Oregon, I regard as elmost indispensable addi- tions to the squadron wesigned to that service ‘Leohing to the Atlantic, we find motives equally strong for the increase of our naval ermaments, aud particularly for the enlargement of the number ef our steamships. Whi'st I am fully aware that tbe power of the United States happily consists more in their ability to provide for the contingencies of invasion, than im tke actual ex. bibition of on equipped force, aad that we may dispense with much that is deemed requisite in the relations of European powers still we cannot fail to recognise the fact. that the reapect due to the imterests of our people | requiics the habitual and familiar preeence of our flag in | every region of commerce, eustained by such an amount of force, apd of such a quality, as may give some sigaifi- cant token of the rercources we comman hy salvtary convietion on this inepired by the exceilemce of ovr armamen ipto compsrison with those of other nati offord to lose or impair our reputation We cannot producing the | the ocean. however we way afford to exbibit them in emailer wumbere, } ‘Tho principal maritime vations are now dilicently intent upon the effort to bulid up powertul steam navies. | Most of thom are already far abead of us im this rpseies | a of force: usd it is very obvious from the urgency with | which the new macine of Europy is pressed to a-cume | this charaeter. that there isa deep and earnest convic- | tion of an impending necessity in which the foroe wili be mainly Telied on as the effivient wer, Are wero fer remeved from the ion or tho feene of apprelended conflict as to warr ry indiffer- exee on our part to the possible issues collision? Are our afluirs £0 little expored abroad, or #0 coacen- trared at home. as to exempt us from all necessity to consider the effects which may follow the recent changes inthe maval organization of Europe ‘These considerations and others which they suggest induce me to ask the attention of Congress to the recom- mendations of the Burean of Construction accompanying eport, and to invite ‘hem with the most earnest tolicitude, to provide for the building of threo first clase | ferew propriler frigates. and the same number of propellar | sloops of war. fe there might be added with acvantage | & Iw exoolier steamers, adapted to quick despatch and | const navigation | Our navy yards are abumdantiy snpplied with jarge | quantities of the best timber. iu the bes condition. which | conld not be better appropriated than to this o! | \ | | There ate two frigates the Santes and the Sabine, which have bern housed on the stoeke, im Portsmouth and N York, for the and tied for as weil a esteem: bip « t be launched | mighl be oecnpied, the sheds wow vacant in otuer yards, by thy new | proposed to be butit | In connection with this subject. I wontt oall the at | tention ot Congres: to the necessity of authorizing the | es'abiicbment of Cne or more factovles for the eoacirac tion of all tbe machinery necessuty to the complete equipment of the largest class of steamers. The great | in portance of exch e-tabli-hments to the government ia | feit by this department, in the daily conviction that on y | by the command of such ® resourco the navy be | premplly aud wachinery for | rely 8 ¢ public versele ” The imapection and control of tho | work whilt it is im progress, the assurance of the best | material, and the papotual compliance with the demands | of the service, are advantages that may only be efliciently | secured by baving the workshop under tha command of | the goverwment fhe experience of the past will also | fully demonstrate that this mode of supplying the ma cbinery of our public vessels mut bs, in ics general | result! more economical than any otber, and wil oer: | tainty secure much the'most rebable kind of work. The | plans would be more uniform, failure of machinery loss freqoent, and the improvement of the modelsof construe | tion more certain | The mal contract law of 1547 contoina a provision which au'Lorives the government to appropriate any of the vceseis built under it to the waval service =I would recommend that ove of chein, of the first class, be selected snd «quipped with the proper armawent [ make this sdggestion from a persuasion tbat it is a matter of im: portance to the government practically to determine, by experiments, a question upom wlach much doubs ts en- *hich it is wecestory to solvo—whether | steamers are really adeqeate to the demands of the vice and may be usefully couverted into shipr | war The deverminstion of this question may settle a ‘at of great moment touching the ralivnce to be placed hips in spy sudden emergency—a point mach | © yor on these more safely to be settled in a tine of peaow than ia mo- men's of excitement and prersure, when no other ro- sovrec my beathand to mect the consequences of a failure Itis orig tons exsery to make provision for an increswe of seam ° nt limit of seven thousand five | banéred mou Is im uffictent even for the necessities of the service in its existing condition If the full complement of | men appropristed by the regulations of the navy were | now on board of the vessels in commission, more than the | whole number allowed would be required I think it, therefore, inoispensible to tha proper efficiency of the sur- vice that an addition of not less Uban fi{teen hundred be authorized to be made tothe establisument and that « corresponding addition be made to the yearly estima of paval pay, [tis equally necessaty that proviaon made for an increaee of wager, either in mouthiy pay or the +baps of a bounty to de givea a’ter enitstment. The emount of thia increase should be regulated by some re. ference to the wages givem ix the merch sat service. waich are now ro much higher than the maval pay as to increase the difliculty, to which [_ have heretofore alluded, ia the procurement of the bert men A reference to the report of the Bureau of Medicine Will inform Corgreas of the condition of the medical rer: vice of the navy, and the pressing n-cessity that existe for an increase of officers in th ariment, Great ro~ liet would be afforded by an authority to appoiat ber. not exceeding twenty assistant surgeons reepondent promotion of an equal number, or ny as by proper length of service may be quali. fied for it, into the upper gradvs, T beg Yea which will show bow imud-quate is the proseat limitation of that corpa to the ordivary demands ot the service, ‘The opinion of General Henderson upon this point of iteelf entitled to great weight, ix reinforoed by that of many of tbe ront experienced officers of the mavy as will be seen in the corresposdence accompanying ‘he report, to which [ invite a careful attention. Lr conformity with these opint’ ifully secommend to Congress tha | presage of a thorize the enlergement of the corps by the addition of eighty sergenvts. eigh'y corpo. Tels, thirty drammers and Gfers, and one thousand pri- ‘vates and that the four captains four first and four se cond Licntenants, conditionally allowed to the service by the Proviso to thy Naval Apotopriation bill of March 3, 1849 be retained permanently in the oorps Tho seine weoseity which ha’ led to this representation Of the embarrazements of the rervice in thore branches to which I have just alluded compels one 60 ask for tome to the corps of pursers This important oi ‘al Organization is found to stand in Deed of more aid than ‘he present alireance a tb soarcely furnishes that proper rotation ia ser. he wr the jar duties of thy purser demands Rooecsary, ‘every oruive to allow “his offlow 9 sufficient ime on shore to pettie his avoounts-~a period | a problem of great interest to navigation and eciea | abled to make which will not sieeve plese Mew at the of the | department for an v return to sea: if it were ever pre fo camel “thane. clone 10 a canes 46 OU without some time tor euch refrechment on shore as every officer requires It Congress should think proper in consideration of this condition of the corp-, to sanction am tneresse of its mrmbers, 1 would earnestly recommend the ment of a grade of arsivtant parsers to which the mew appointments should be made, | assistants should undergo an examtetion “| their physical snd mental abilities pravicus to their . appciniment—that (he age of admirsion should be re- | culated by the Navy Department, ynd tbat no anploant should be nomivated for the corps. wichout a satisfactory | confi mally to the preliminary condition Promotion anid | pe should be regulated oy law, and no promotion should — made but up n full evidence of the capability of the ipdivigual to comply with ail the demands of rervise— this evidence to be obtained by such course of examica- tiem as the department may prescribe, With such oomii- tions, I woolo reer mmend that Congress should at present authorize the appo'otment of twenty evsis(aut pursers,. to be attached to the corps. Asa cubject of great interest to the effisienoy of the navy. T bey leave to renew the reccmmendations hereto fore made by thid depariment for the gradval reduction of the number of officers, who are incapable of useful ser- vice by the adoption of somesuitable plan for retiring ML of this cberacter frou the sphere of ordiuary duty Well organized naval sy tem requires that the effloers cha» ged with ite administration should. as far a8 possi'e, be maintamed in a condition for whatever employmeat may be d+ manded of them, and +bould always exhibit the utmost alacri'y in their obedience to ordera There is no better teat of the epirit of the corps. nor no mare com: | | mendable sign of a good officer. than bis readiness to a+ | cept every callof bis proteiop, This high sharaater | can only be waintained in the navy. by exemptiog from cemmend sli who obstruct the path of daty Thor — whose divability hay been the result of long and faithfal | toil m the national rervice should be provided with an honorable retreat, in whioh old sge and imirmity may | find repose, They sho. without service to plead for their incapacity. ovly stend in the way cf more willime and more capable men, should be consigned toa reitrement + cn mnaller pay, by the operation of = lew which chould | render their retirement compulsory, It may be worth tbe consideration of Congress to make Prrwanent provision for there wo classes of oflle-rs. Chis, might be advamtegeourly axcomolished perhaps by a law which sbould confer upou the flrat class « rate of rathed psy graduated from balf pay up to that ullowad to leavo Of ubrewee. according to the amown: ef rea service they | may have performed and adding to this an honorary pro motion of cme degree k and which should disposaof the second clare by retiring them om baif leave of absence | details necersary to euch a system may bo easily regulated whenever Congrers chall Bnd occasion to take the subject into thvir deiiberation. Lrepeat also. my coveurreace im the views preseated by wy pregecestor. in bis report of November. 1350 on the propriety of “recoguizing by law the otfice of com modore and the creation of at least: two cfllcers of the | revk of rear Rdmiral Ioan add nothing to the satis. factcry argumen's with which that reocmmendation is enforced od therefore, convent wyrelf with a reference to the rej Vt give ita MLE CELLA? £0U! ‘The reports from the chiefs of the several bureaux of bis departmemt wil make Congress acquainted with the details of the naval rervice in caco branck of its admints tration I respecttully ask their attention to the many valuable suggestions there reports contaim ‘or the batter government of the mavy. Amongst these, I select for a more srecial notice the recommenda(ions of the Buceau of Provisions and Clothing, touch.ng the mode of miking contrac.s jn respect to which itis proposed that some dircretion rhould be lodged im tre bureau to authorize | its Pejection ot a ceutract when offered by a bidder wh> | as on avy previous occasion failed tocomply with bis engag+m: nt. particularly commend to the notice of Congress the represemtations of the Bureau of Yards si Docks, tm reference to the several aise iss care | The yerd at New York arly consideration, A large portion of the sing to tt bas mot | ‘yet been placed tader t! jurisdiction of the | United States, and isc sly subjected to onerous as:eesments for Improv by ihe etty of Bre and exposed to the very a:ouveoient demands city im the cponing of sircers leading to che obannal of the Wallabout which, ifopened wouta seriously affect the eeourity of the yard and greatly incommode its operations. Bo important is it to the yom mart thet this difficulty whould be removed, that I thiak it would even bo advi- sebie to transfer the works ef this yard to scme other convenient location, unless the jurisdiction over the land be fully cowceded to the United States. Efforts have xen made. and are still makisg to obtain this cession from the Legislature. T trust w bo succeraful. If they should mot. there is reason to be- lieve a better site may be obtained for the yard, free from the present ipcopveniences; and that the ex; of tho new establishment might be defrayed by th of the old, ‘The flouting dry dock in Onlifornis. contracted for in ebedierce to the several acts of Congross boret ofore passed, has been completed and delivered at San Fran. citco No apprepriation was made for the basin aud raliway. without which the dock cannot bs safely or use- fully employed. I submit it to the decision of Congress, whether there etructures should not he made without delay The Naval Aeytum at Philadelphia is well conduct avd is found a veluadl he opivion expresied by the head ef the Baraau of | Yarde ard Decks that 1s position is not ihe best adapt: | ed to its effective urefuiners ia thy nary; und th» pro- | perty ix believed to be very vaiuable, it may be worthy | of consideration. whether it would not be 4oo! policy to | pese of it and re establish this institaion eloher at Avnapolis or Norfolk. @bere its inmates would be re- moved from the temptations to disorder which the prox imity 19 9 largo city throws iw their way che | Observatory comtinues to pursue ite a priate labcre, with ity usual good results, and is found to contribute the most important facilities to the taprove- iment of navigation I cornot better cowmend it to the regard of Congress than by a referenow to the letter of | Lieut Maury, which accompanies the repa:b The first volume of the Nautical Almanac, in charge of | Lieut, Davia. is now In press and wili be given to the pub- | lic, His report will explain the progress aad condidon of bis work. Lieut, Gillls, who, for more than thran years past, bas been employed, in pursnance of the directions of Congress, in ocndvucting is Obili the observations recommended to be made by the American Philosopbical Society and the Academy of Arts and sclences. has recently returned to the United @tstes. bringing with bir a rich contribution to scivnce. in a arries of obavrvasions. amounting to near. ly forty thowand. and embracing © most ex'easiys cata. logue of stars He deserves great praire for his avsiduity im this lator. which ip conjunction with similyr ovserv. tions in other quarters of the globe. will supply impor- tant eid towards the determination of the solar parailax, Upon the concinsion of bis work at santiag>. ho w judicions sale of his observatory ai appstatus to the Chitan gcvenment, which hay maai. | ferted o most friendly interest im his rervice and wfforded hito mock verfol assistunce. Hiv full report will be made | to this Cepartment, and asdoon as received, mil be trang | ts | | mitted to Congress Professor E-py dwiing the past year, has been. a4 ia | the yeurs berore it busy in (hs pursuit of his meteorol gicel cbvervations and hia theory of storms pr his researches without abatement of zeal or sasiduity. He prombes scon to give the world another volame of | fac 8 snd deductions by whieh be hopes to bring ths laws ot the wind and the tempe-t into the category of wa “ex- | act Felenee ? His levter, appended to this report, will-x. | plain bis progress ard comwead bis industry to the | fri: ndly reengvition cf Congres# | By an enactment of the Naval Appropriation bill, of | Augurt 31, 1852 this depariment was authorized aud di- Troted “to relect a rite for a navy yard in the bay of Bau Francisco in Californi waters ° The Boerd of Officers, who were despatched to the neceeary examinations for the 44! have performed the task cateusied to them and have re- turned to thiscity Ther hare not yet entira'y comply ted their report — It wilt be put tn the possession of this department ima fow days, wben I shall mate it the ject of a special communication to Congress, I renew the teecmmendations heretofore made, snu now again re- ferred io in the report of the Bureau of Provisioas and Clothing iv favor of such discretionary chawge in the navy ra‘ion a6 recent scientific reeearca hus proved to ba useful. through the process by whieh vogecubles m: preeerved for com reepectfally beg I “ Legislavui he suggestions of tho head of taut bureau in reference to & prescribed limit om the commution for stopped rations in money Congress having, ut ita last seuion. medoa retrorpactive | provision for an increase of pay to the offleers petty offl cers, reemen. and marines of the mavy aad the offtcrrs and men of the revenue service, who served in thy Paci- fie ocern, on the coast of Celifornia and Mexico. since the 28th of Beptember 1850. it would seem to da but am equitable act, avd striotly in accordance with the libyral cesign of this provision to extend its operation «o fer beck in point of time as to embrace the cave of thase who served on that coast from the origin of the war [a- deed every covsideration whieh sould recommend tho po- licy of the appropriation that was made will be fouud to apply with Snerensed cogency to thore to whom { have al- inoed, Their service wax more severe, their hazards greater and the expenses to which they were subject in that quarter, when the country was iors ueprovided than in the eubsequent period, were still more onerous, 4n appropriation in their bebalf, of a rimilar character to that which was made in favor of their kucces: ors d waval depot or neighboring | Sere be an acceptable and just tribute to 9 cot Proved itvelf worthy oi the high appreciation of the gov- ernment, The catimates for the rupport of the pavy and marine corps tor the year ending on the thirtieth day of June, 1864, und the statement of appropriations required for all objects withiw the ecntrol of this jepartmant prawent of, $11 601 598 67 £ apeaiai objec te 4,031,941 08 Leaves for the support of the navy und — marine compe... cesses $7409 67169 | It t+ proper to remerk thet tl of the ertiina large increwe in rome made for the oomimg year, over the ac tual amounts apprcpriated for the service of the last two or three yi ich it will be found ate required for tha improvements of yards and docks. construction equip. ment and repsir of revel the expenses of ordasnce and the encoursg:ment and support of the mail service, has become necesrary by the reduction which Congress has hitherto thoaght proper (o make from the mates submitted for the expenditures which were though! es- sential to the public service in most of those branehes of the el sdmipistration, The appropriations now arked for may therefore be regncded as the necessary consequence of such @ substracton from what was Germed but au adequate aunual provision for tho com- pletion of works of indispensable use, And bving viv wed in the Hight of arrears due te the public wants, they far- nich no index of what may be the future necessities of the department, if pravided-for as they arise, ‘he estimate for the avail service, also, being one with which the pavai establishment has bo proper connes'ton sbould not be brought into the account of the expemdi- tures of the vary ‘The total amonpt drawn from the treasury during the fiscal yeor ending June 39. 1802. aa shown by ths stave ment of appropriations for the naval service, es ered by the Second Comp'rcitor of the Treasury is. $0726 251 4 Deduct repsyments..,...... + B18.192 70 Which shows the eum of. $8 913.118 72, | Of brokers; Proper the | for it. drawn om the ¢ | the number of the cause on that | Dew trials and trials of issues of lw as the total expe: of the Ears Depestenens expended tor lesving a» the mavy 8p marine ing June 30. 1862, be 1. Depart Jane. 1852 $3 119 6644 60: all of which will be required to meet the outrtanding obligations due from the appropria- tions. to complete she objects as provided for by the ap propriations for that year, in addition to the estimates for the fiscal years ending 20th June. 1853 and 1864. Accompanying the reports avd documents will be found the abstract or compendium of the reports of the ehiefs of the bureaux required by the resolution of the Benate of the 26th August 1852 Thave the honor to be, very respectfully, your obe- dient servant, JOWN P, KENNEDY, Police Intelligence. THR PROPER CHECK CASE—INVESTIGATION ON THE SECOND CHARGH. Before Justies Osbora. ‘The maiter pending against Samuel J. Presper, who stands charged with obtsiaing one Hundred and forty dollars from Me. Vhowar J Coleman of the firas of Vole- man & Drake by an alleged false representation, was resumed cp Monday. The money was obtained on the i8/hof jest month, oma check made by Proper on omsn Bonk. whe at the time of giving the hat there was mosey ie the bank snflicioal to it end it was therefore good; but the subwquemt facts nt io+how that the check was not honored by the bank. for the want of funds being placed to the credit of Proper. At the appoiated hour. half past three o'clock, Mr Bailey cownsrl for the accured, said he was realy to proceed «with the hearing. and Mr Coleman was called to the stand, and cromexewined by Mr, Bailey, tor the defeuce. Mr Coleman said—Mr, Proper came to my office cn the 18th of last month (November) about TL o’etock ia the day and asked if Mr, Drake was im; L told bim Mr Drake was over at the Board id be wanted $140, umourrent jount out the money; he did then offered me his check va Bank; I esid “fam not ac- quainted with thls check; Proper replied, “yes you sre, you bave them hers simost every ay, or at least your partner does; It ix perfectly good, the me avy iajin the bank, you bave only to present it'and ic will be paid.” I to bim “I am certain I havo mot soa these ebecks beferé;” be replied. yes you have; Mr Drake knows it weil? [them eid if the money was really in the bank, I Would take it; he suid it was. aod L gave him the money, and tock the check; I remarked, on Joo! at the heck, that it looked as irit would call for fourtewn hundred and seven dellare; Proper answered that for that amoaut ‘the check would not be guod, but for the amount drawa it wes good ; I them went to hand him the disccunt, aod be roid. mever mind that vow, wa wil! Ox that to morrow, moking it equal to current money ; we bay monvy at ous Price, aud se!l it at enotber ; Proper took the umsucreut money and left the discount on the counter ; I hed soem Mr. Drake that morning before he weut to the Board of Brokers ; I deposited the vaid check im the Union Bank about 12 o'clock that day; I next saw the cheok on toe hext day. the }9ih. at about 11 o'clock, at my office; it had beem returved for non payment ; when Mr, Peoper ceme into my office for the money. ha was alone; his face, when he entered, appoared to be very familiar but 1 do not recollect ever doing business with him before ; [ took the check to the Oovan Bank myself fearing that some mistake might have eccurred; I presented the check. but payment was refured; ‘the paying teller having imformed him that Preper’s account was clored, and that no mouey was on deposit te Proper's credit. At this stage of the proceedings. there boing no other witnesses in court. the magistrates issred subparnas for Mr McGukin, the teller of the Ocean Bank, snd also several other witne ses, who are summoned, to appoar at Delf past three o'clock this afterneon. Any. further ex- auinetion was pestponod until that hour. appointed howr, yesterday, the parties again mit to continue the investigation pending against Samuel Proper cbscged with obtaining $140 from Mr, Coleman Wail street broker The first witness, Mr. Wm. B, MoGuckin, paying teller of the. Ocean Bank, who tentified that Proper had an account in. the Ocean Bank, on the 18th ultimo, and that the cheok in question given by Proper to Mr Coleman. was not presented at the bank for payment uuti} the 19th, the day after the date of the check The next witness called was Eber ® Platt, Jr., receiving teller of the Ocvan Bank, who testified that on the 18th of November Proper had an accoant in the said bank. I do not know the exxct state of his account; on the 16th witimo. a cheek was received for $50; Pros. {afl account was then overdrayn. how much I don’t now; op thut samo day Proper, I think. deposited $200; that rame day acheck. drawn by Proper, was presented for payment, for the sum of $225; thers was not enough on depovit to honor the check, and. the holder deposited $14 to make the amount good and then drew the check; another deposit wax received from Proper, on the 18th ultimo, of $135; I have no knowledge that any check was dvawn against that amount, except the $50 check; at ibattime I had nat been informed by the officers of the bank not to receive avy furcker deposits from Proper. Cross exemived by Mr, Baily, for aefence.—‘The last two entries ot deposit made in the pass beok isin my hand. writing; op that day. shortly after tea o’olosk, Pro pr made a deposit of $135; afterwerds, on the same day. ¢ presented his book again to me for the purpose of making another deoosit. and I refused to receive it; ho did not state the amount of deposit he off-red on that day; I came to the Ocean Bank op the iat of November; Leapnot wey the hour on which Proper presented his book om the last day fer deposit; E think it was about 12 o'clock; it fe sometimes the case that an account is over- dawn, but not very often, The hearing was further portponrd until 10 o'clock this (Wednesday) morning “itvempt to Pass Aleed Bank Bitis —Officer Bogan on Menday arrested aman” nam d James Crassen oaa sharge of attemp'ing to pass a one dollar bill, altered to ap peor as ® The money was on Clue Excharge Bonk 0! State. The accused mace t sitémpt to pass iton Mr Morris Lavine. of No, 21 Chat- ham #reet Op tho wrrest of the prisoner, the offizer mony; I told wy clerk 1 loobed it over; Pre; found in bis pocket a counterfeit five dollar bill on the | Oswego Bank. Michigan The arcuned was conveyed bo ue Justice Welsh, who committed him to prison for tril. Conmittal for Sheep-Stealing.—The two men, named Martin Plummer avd Jonn Smith, arrested on Friday last by Captain Hort. of the Seventeenth ward police, havi in ibete porees-ion sixty sheep. stolen from a tarmer in New Jersey. were both committed to prison yesterday for | by Justice ¥ h. on two charges. the first as fa- izom justice, and the second for bringing etolem property into this State, with agnilty knowledge Tho men fonnd in posse-rion of the sheep have into the tombs. where they will remain psaned up for seme timetoceme Such sheepish transactions will m> doubt put a bar to any similar depredations for awhile, Court of Common Plens—General Term, Prevent—Hon. Judges Ingram Daly aud Woodrull Ordered That the Cle:k be directed to give uotice of the following order: A new oulendar of oxusos noticed for trial will be made up for the Javusry erm, 1853, for which notes of ivsue | muse be filed oa or before the Weduesday piecediag tho firrt Mondvy of January All notes of insue for that amd every sub:eqoent term must :tare distinetiy themu' ure of the issue. (*hether aa inrue of fact to be tried by the jury, am issue of fact to be tried by the court. an issue of law, &o ) Such motes Shell also siate whether the case was on the calendar at the close of December Term. 1452, and if 60, shall state der The clerk ts directed not_to enter any cause upon the calendar, unless the note of favue therein conforms to the foregoing direction Ortared. That the following be adopted ae the appoint ment of tho tems cf this Court for the years 1892 und BAS. APPOINTMENT OF THE TRRMA OF THE COURT OF COMMON PLFAS FOR THK CITY AND COUNTY OF NEW YORK FOR ThE Year 1853 General Terms for hexring arguments shall be held on the first Monday of March, July, and November, aud shall continue for Liree weeks if necewary, Geperal Terms for taking decisions, and for the rub- mission of Appeals from the Musing and Justices’ Courta, end fom orders at Sproial ferm and for the review of caders under the rule of 24d Sinren. 1861, aball be held ou the fousth Monday of each menth, except July and Avguet. Brecia! Terms for motions and the trial of issues of law sbali be held on the first Monday of January, Febcuary, April, May. June. September. October. and December. sad for wil other purposes except the hearing of motions for om the first Monday of March July. august and November Two Special Terms for the trial of issues of fact shall bo held on the first Mondoy of Janaary, February, April, May, June, October. and December; and one Special ‘Term on the firet Monday of September. avd shail con- tinue three weeks The judge holding ruch term may ! continue the same duricg the fourth week if he sail deem it expedient. During the General Terms. motions may be made at chombers between 10 and 11 o’olock, A. M. Superior Court—Part second. Before Chief Justice Oakley, THE SALISBURY BANK. Deo. 7.—Charles Sanford es Samuel P Townsend —On the 20th day of September, 1851 the defendant drew hia ebeck for $500 om the American Exshange Bank, in this cliy. payable to the order of the Rev Sidnay A. Corey, who endorred it, and teok it to Kdward L. Houghton « broker in Wall street and obtained the amount in small bills onthe Bonk of Salisbury Maryland. which bank exploded s dey or two after aud the bills became worth- leve, Houghtom subsequently conveyed the check to the | plaintiff who pregonted ‘hew at ths American Exchange Snvk for payment, amount of the check and interest. The hank having failed. apd Townswad having been thus subjected to the Joss of all the bills which he had paid out, and which hes been returned to bim. end paid by him, Townsend feta up a4 a defence the stataie prohibiting the cirou lation in tbis State of small bills of other Sta:es. The Kea after bearing the testimony, ruled that the only question he conridered proper to xudmit to the jury, Was whether the piaintiff at the time ths oheck was travefersea to him, kuew t mvideration paid for the check. apd that the question whetber such a considera tion rendered the chee olately void, even in the handa fa bona fire bolder, and whether tha fat of the plaintiff having rioeived it on xccoun’ of « pte exi-ting debt do- rived him of the charsoter of # bona fide holder. should teverved for the opinion of the Court. and that the Verdict. if fer tL ptaintiff should be takem subjeet to the opinion of the Cowrt on the questions referred. Sealed verdict this (Wednesdsy) morning, Lawl ntelligence SUPREM® COURT OF THE UNITED STATES. Warhingtom, Deo 6.—Prevent Hon Roger B. Taney, Obief Justice; Hon. John MoLean, Hon. Jas M, Wayne, ficn Jobe Catron Hom. Peter Y Daniel, Hon Samuel bon Hom, Robert C. Grier, and Hi Curtis. Asrociate Justices Jobo H. Chifford Key . of Masenchusetts, and Luoli C. Duvean. Beq . of Louisiana, were admitted attorneys and courrellors of this court The Chiet Justice anooanced to the bar that the court would commence the call of the docket to morrow, uader the thirty tizth role. No 4 The Commonwealth of Massachuseets, com- Plainant vs The State of Rhode Isiard. On the motion of Mr Clifford, of counsel for the com- Plainent. the court granted leave to file the bill in thie Gare, and anarded # subpwros, & e é& 5 5 rt | tion to concur. and in reply to a cail for the reading, ob- ‘lambed | THE BROADWAY RAILROAD. Debates in the Board of Assistant Aldermen on Its Adopttun, [oun srRota REPORT } Boaap or Assurant Avornmen, Monday Evening, Deo 6, 1852. f | This being the evening especially appointed for taking up the report af the Special Committee of tho other | Board, on this subject, by the Board of Avsistante, the | audience portion of the Chamber was completely crow. ed at the hone of meeting. Previous to the disoumion, the following petitions wore prerented by some of the owners of Property, and the | reading ordered:—~ | To rnx Hononan.e tux Common Counert or rue Crry respeottully have hereto! 4 still do object, t> fooling oonvinded ers of oroperty on ny advantages bo tuo publie sal) prop rilouate n extent go she damages whioh the owners of Broxdway property will sustain by reason of ra tablishingench railway. Y¢b i: yoer honorabie body shall determi in read muet be pporition to the wirhes rm ers cf property therein, thas the orivil wey should be grt sblished in Broad way tr of nearly all toe | undersigned olaia snd in- e of constructing Sad using such arail tod to toe owrors of vroparty in tho toreet, inorder bhat they may realize frow the profits whloh must Inevitably ac rue therefrom, ana sient to, in somy de- gree, remunerave them for bhe damages resultiag $9 their Treperiy vhereon The and. roigned, therefors, hereby offer to construct, at their own exp*nee, a railway in Broadway, and to ran dara thereon, suificient’ to ata the puotio and a reo not to charge s groater fare shan three veaty for euch pat er. granting of enol pri ileg undersigned will rm to such oonditioay as may bo impos d vy ble body reintiva so tha king of owe ty be wad Wey, ne ramae; and W: bo imposed by y ever, $1,000 ner annum 9, n propo Fer the falthfnl perf rmance of what is hora proposed, the undersigued agrve Lo.give sutistaotory asourity in such | he man~er of running nud conducting | reo bt? pay such licange fasas may dy, mob excoodiag, how- Of Rixty pargongors, and an amount ss your hon zable bedy may dvcignats. And your petitioners will vor pray, &9 (Sigved) ALEXANDER T. STEWART, and othors. Dated New York, Dooombor 6th 1852. To rue Howona * Common Covert or rum Cery or our honorable in Broadway, | That for such priv wpon euch railway y yonr honorable body cient number be moot the wands of the public; ta mit and Conform to anoh rogulations relative to the Ia oh railway and the running of such oars as shali b osed by the Common Council; te pay. (in lien of all If lees) to the corporation of the olty of New ¥. { reach parsengor thereon, and to charge oc fare not exooeding five cents. For the performavoe in #00 ce sent passenger a h of all which, tho under urity to such an amount as require or, Wich it dintinetly understood, ailway being established in Browd: way muat be Inid in that street, they do- to pcsseas the privilege of laying and using it, for the purpore of realizing from tho profits they expect to derive therefrom, sufficient to compensate them for the damages their property on that rtreot wil! sustain in the establishing of arailway thereon; And your petitioners will ovor pra C5 (Signed) THOMAS K. DAVIS, aod others. Dated New York, Leo. 3. 1852, To rue HONORANLE THE Roan or Assistant ALDERMEN oy Tux city OF New YORK :— The petition of Thomas A. Davies and associates, for leave to lay d wm and work @.railvoad ia Broadway, re- speotfally showoth— ‘That if the community 1 signed, that they still ot ub, if ors mmon Council deosn the exigencies of the ‘and they do Kal right vo to t, t) quire a railroad in Droadway, nt one, and they have tho te property owners on that. sti burlding 3, and offer to construe sitions: ~ property owner on the line having the right to ta in progcrtion to tho number of feet owned by him, under the direction of ths Common Council, and to ohargo tiras Gents fare for ench pussengor. Seoond—To corstract af above, and give ono hundred thousand dellara por annum, for ton years, or dh privilege of charging five acute fare. Third—fo constenct arabove, and give ono tt ousand del- are per car poraanam, fer tho pririlege of charging five cents ‘are. And your petitioners will ever pray. THOS. 4. DAVIES, D. H. HAIGHT, STEPHEN STORM For themselves and associate Assistan Alderman Riva, (Eighth Ward,) moved that the report from the Board of Aldermen on the subject of the Broadway Railroad be taken up. Carried. Arristant Alderman Bouror, (Kloventh Ward.) morod & coneurrence Avsietant Alderman Rovaay, (Fifth Ward.) moved for tho reading Assistant Alderman Banxen, (i'ifteenth Ward ) moved that all the remonstrances and petitions, together with | those prezented that evening, be placed before the Bourd, ‘The Presinnyt stated they were now before them Mr. Banxen would then move that the whole report be read. Atsistant Alderman Roomaw would withdraw hia mo- tion for the reading and would be very happy to have the rerolution only read, Astis'ant Ablorman Barxen thought the last gentleman was probably better acquaiuted with the report than he | war—he would move that it be referred to a apecial com- | mitiee of that Board, | ““Assictant Alderman Roomax seconded this motion. | Astistent Alderinan Bouton would withdraw his me tion to concur snd vote for a reference to a special com: | mittee. Question on reference was then put and lost by a vote of 6 to 33. Aveistent Alderman Banxen than moved a reference to |. the Committee on Streets, which was put and also lost, | Vote 11 to 8 | Assistant Alderman Bouros would now ronow his mo- | rerved that he had no doubt every mewber of this Board was fully yerved inthe subject The report had bee nd many copies printed, and they ready to vote upon ib they resd the reveiution only. and not the whole report. Mr. Banxex called for the reading, The Paestpent (Jonathon trotter, Keq ) having taken the floor, (Assistant Alderman Woodward vccapying the Obair') hoped Une geport would be read. as he kaow | no reasons at prevent for concurring with the Board of Aldermen, He believed there was a great quantity of | false gi ound taken in that report Hehad been informed by # man who had had great experience in city matters, (he alluded to Mr Randall. the Surveyor) and who bad rerented bis views ina petition presented that might to the Board. that the majority report was based on erro- neous calculations; and were they to come in wed concur with the other Board in so important 4 measure. by which | the interests of so many were to be eactiticed if this ra port was passed without avy chance of exantuation by s committee of their own iéowra? It had always been his pluctice to move a reference to 9 comumitiee when tho rubject was one of any importance That Board wasa separate and distinc! branch of the Commoa Council, as Ube House of Representatives was of the Si Logi-le- ture. and what would be thought of s man w in his }lace, should move # concurrence at once with the Senate without even giving them an opportunity of reading it? They certainly did in rome emall matters. oocasionaliy eoucur, but im such # one as this he trusted there was too | muea good sense, It was their duty to consider the petitions which bad been preseuted against it, and could | they be suid to be doing theiz daty. without them bave a chauce of being beard? =“ I hop | he. “this report will be referred to the Oommittes on | Stroete—the rame committee to which the petitions were | teferred "? i Mr. Rixe would like to know from that committeo, all of whem were present, wiether they were not prepared to | report snd recommend it? Mr. Txorien—My object im asking the reference is, | that they may report the facts to this Board [tis very | likely they ail may have made up their minds, Mr Bouton thought it was very strange that ber of that Board should not have read it. withdraw bis motion to read the resolution only. Mr. Trorren repiie@, the gentleman need not express avy astonishment, The report had never been properly beiore them. Why should they go out of their way to examine a subject before another branch of the Board, who were not yet through with it? ‘The motion being withdrawn, the Clerk procesied to read the majerity and minority reports. both of which were given almost entire in our spec\al report when the subject was before the Board of Aldermen last month. On | the conclurion— Aveistant Alderman Banker moved to consider the sub- ject in rections. Mr. Bow: content, as he was quite proparod to stay till twelve o'clock at night. Mr. Banxen was also prepared to stop till daylight, if due covsideration of the subject made it necessary. (Laughter ) Arrittant Aldermen McGown (Twelfth ward) moved to strike out the names of Jacob Suarpe, and bis associates, 8s grantees. Mr Ropman objected as being out of order, but the President pronounced it quite im order to move an amond- ment. ® Mr Bovron—In order to be correct, let the resolution be reed, and if they then see fit. let us take chem up in seotions” The whole report has not yet been rend Mr, Txorrex did not see much chanoe for any member to wake an amendment if the whole report was read al- together If this is an attempt to evade and cut of dircutsion— Dr. Bovron—Not at all: but let us be regular. Mr Rooman would have no objestion to read them in sections | Mr. Bovren—It would be in order to move that they be | read, and then taken up in sections Dis. Taorren objected to this as a a:closs waste of time ‘Mr. McGown again moved to strike out certain names. Ayes and noes cailed, motion put and lost—ld to 5. vis, effirmative, the Pre-iden: and Assistant Aldermeu Wood- ward, Ai MeGown and Barker; negative-As sistant Aldermen Brown, Tait, Mabbst, O'Brien. Rodman, Breaden, Wells, Ring Bouton, Wright, Wheelan Kogers Valentine, and McConkey, Mr Bouton moved the first resolution bs adopted Wr. Barxen moved as an amendment that the minority report be taken up and adopted. Question put aad lost by the same voies as above 14 to 5. Mr. Trotrea moved that they take @ recess; lost by a similar vote. Mr. Banner then rose to # to the main question He waa about remarking thet the minority report having deen read nnd voted against, he regerttod exoosdingly that mo opportunity haa been afforded to examine into it. He cared no; whether it was referred to a spacial or the Vommittee 00 Streets. so that they sugeestions of their own com mittee; but this come before them in the shape of a report trom the other board fe would then advert to the ocigin of this measare. It was not many months sinos the peti- tom was first presented; and when i: became kaowa through the medium cf' the mornirg news, tho people bilan ‘ tilroed in Broad) oak P eaot that an and at the fast t the petition was Tecelvedd “with favor, and referred the same night. More than two thicds of the oiti- eens were etongly opposed, end nearly every Own | lines, and that was yearto year. The fact was that it was to by earried Uhrough Tt was conceived and designed long before thas petition saw the light of dey. They told ux, bowstfully, in the roport, that out of tom hearings eight sade half hed leon devoted to th» argutneats of the oppon and onty one and a baif to the petitioners vecastom to go into the case of the petiti prv- determine wcities of the Board of Aldermen, thore is vet forth of m single argument of the remom but it iw drawn to miviead, in entichog and ing lavgunge, more like the argaments of counsel, than the isa partial aocision of judges and arbitrators. It was, he raid, deceptive wad utterly at voriance with the facts. W re told, ab the very outset of this report. that all the principal parties hyd wt last met om friendl; terms and in favor of tho reiiroad, This he mort pak tively denied Did it appear that the ommibuy proprie- tors bad beccme willing applicants? No; there was vo trah in the assertion. Who mads this arr ment, he would like to ask? Was it the petition ere, or the committee? What arrangymen’s had been made with the property holder-’ fH» had bimeelf heard it from four different proprietors of omnibus lines, with whom no mirangement, had beea made and who bad never been eoasulted ‘These were Marshall & Townsends. Gilston & Andeows, Murphy, aad others. owniog 125 0r 150 omnibusos—thersfore he de- nied that the omnibos interest bad beem bromght in, and it did pot sppear that these names were im the gramt He thought there was mach consideration due to them— they having hitherto had the providing for the transport of passengers and been mainly instrumental tx butiding up the upper part of the city. "fle saw enin atarlog thea o#, and he could not but feel for and regret thelr And to proteet t be thought it shoald be ed inthe bond,’’ and no flaw in that bond, The commitice haviag gone through some minor objec tions, reported that the grant should be given wo Jacob Sharpe and his arsoclates. Why tohim? Had he per- formed any services to the city to entitle him to this? He, (Mr Barker ) was unable to say anything in bia fae Yor, and was not fnelined to ea7 anything mgatnst him, kwew ho het been & coustan’ altiadamt at tat Boned i hed so eecured the Wall street Zorry for $20.000, for which otbers bad offered $26,C0U 1 Jie was mow about to be rewarded by @ grant of the yrindtss mouopoly ever presented by tbe Board He bad beon eciuewhat amused by the tone of the re port, in peeking of bim—of his exceliemt. good cherar- tereund the money he had expended. ‘Thoy reprosunted, them as inurtyrs for the pudile good! (Laughter) It Wu martyrdom for the sake of money Low had it ico expended? ‘Though he wus quite ready to believe a good deal had been rpens, and some otner gon'lemen might verbape better explsin how. Ho then passod to a couriderstion of the rections which he could safely aay to be all drawn with s view of favoring thoso pa- litt mere Ono important one had:boun carefully loft out, which had been inserted, the Sixth and Kighth avenue clause empowering tho corporation to repurobare the road at a boaus or premiam of ton cect, when they all ku it would be well for the city ta do so at ifty—but this was no part of the plan They did not want that. The minority rep ct presented the startling fast, that of the thousands o! owners pot one had joined im the application—the twelve who did so be- ing mere tevants. Ought they not to horlcate and req the righte of the eitivens, before they did such an iojury to their property. On» other fot, they first ¢: the brendth of Broadway sixty fect; but in “ths report not a word sppeared abcut it, and it was cloatly raowa that tke aversge was but forty ono feet, aud below Rector it was rcarcely thirty.two. This omission in the majortiy report ‘a base deception. He denied that the ecle- brated oase of the Hudson River road was, a3 alleged. a care in poimt—the moment they gave the road for the purpose of laying rails, they assumed the right to take the street from the public, They merely hold it in trust, and the trurt should be execated as all other ones, for going to drive the public out of the street, necessarily be the case in laying adoubletrack And he would ask them to place themselves in tho situation of pereons who wanted to cross the streeta with carts oF other vekicles, by any of the sixty os seven streets, when blocked up by the cars. Mr, Pi nt, thus address you sgainat this project, because I am op- pored Lo it personally, because { am opposed to it as @ member of this board; s large number of my constituenta being interest: @ to the amount of millionas—and Lentraat you to hesitate. [look upcn it as an act of oppressionom the rights of property. and sincerely intreat you to hesi- tate Another view which be would take of it was, if they were determined that the road should be laid. then let not these gentlemen demand tho right of exacting. such o great fare, while they pay only a sim In conclusion, would they, a4 mxmbers of the Common Council give away what they bad been offered & miiliom for, and what would bes revenue tothe city? If they could not exact a bonus, reduco the fare to three ceata, and let the cityzens at large have the advantege of this. But, he contended, the license should be a thousand dol- laze, smd as there wax no baste, even if the law was, as they snid, spplication should be made to the Legivlature, who,in euch «n important ma°ter, would. no doubt, give the Common Council power, Why should they give it to Jacob Sharp, or his asecviates ? Was it for any service rendered the city orthe Common Counsil? He would ssy no more, but ask the board, when theygretired from the great excitement which prevailed oa this subject. to coneider anxiously ere they allowed this to be forced from this evening Mr. Ropman replied He had as yet seen no cause of reasos shown egainst the proporal. It was from the fact thas wehnd a farfamed Brosdway, but which was now a Jemnable Bedlom. that he wauted «far (amed railond im it—the fur-femed street of the far-famed cily of thks farzfamed [State and people. It was trac, at firs’, the papers bed teemed with objections; ba their “minds soon began to change, not the mind of one alone, but of thousands of people. The re- part war an excellent one. and every paper spoke of it as ruck, 1s was compinined thy liad left ous ceztatn cmpibus lines, aud he certainly would have no objection to thelr participating, if it were not from the risk uf be- {og unable to amend during the poiltical year, It was objected that the petitioners, or one oftbem, hud alread, got a ferry at $20000. bat ho would venture to way that there was not s gentleman there who would take it at tbat sum. Tie admired the consistency of the goatlomam requiring @ clause to enable the Vemion Counoil to re- purchare. and ap(frently forgetting he had that evening voted for the Third avenue line. without say such egree- mevt. Other eitizens bad applied for this line, and offered large suis and, according to the argament of the gentleman fiom the Fifjeonth, would give a hundred thourand dollare « year to destroy their property | there ever anything so absurd? Again as te driving the public out of Broadway, he imagined it would have the effect of driving considerable numbers in—witness West Broadway aad Varick street, where the oars were now only objected to by a conteinptible minority Ob jections were wlways raised at fir-t against great under. takivgs; but we live in am age of progression, @nd did not stop at objections formed on antiquated ideas. The conditions, too, upon which the graat was mate, were very beneficial to the public and expensive to the pett tioners, as causing the sireet to be swept. which waa never done before. by eight o'clock. stationing polise. &e ke which would indirectly amount to « tax of $1006 per car The fret that the gentlemas is per-onally op- sored to the rosd. I can promize him shall not run me of he track. ( consti(uents were in be when properly laid ¢ where they were no ‘abliehed they woald mo mora bave them taken up aguin. then thay ould ths Crotom water pipes. amd go beck to old feshioned pumps. Mr. ‘Tuotrea moved. that the axcaes of James Murphy and Hugh Smith be added to the list of arsnctates; as am act of justice to all stage proprietors. Question put and lont. by a yoteof 12 toT Mr. Hasxen then moved that those of Bolster and Am be led—loet 14 to 5, avon the first division. Several amendments wera ufterwards proposed in ae- cordance with the suggestions ia Mr B's speech. asine crensing the license, reducing the fate. &o. ko, whieh cocupted a considerable time, but all met with determined opporition the division on each being exsctly ths same; and ultimately at past eleven o'clock. the resolutions were one and all adopted precisely as they came from the other board; and journment ti this (Wedmesday) evening Was move carried. Court of Common Pleas—Part Second. Before Aon Judge Daly. RIGHTS OF RAIL ROAD PASSENGRRI—LOSS OF ‘TICKET Dic, 1 —Cyprian. C Clurk, vs. New York and New Ha ven Railroad Company —The plaintiff bought a ticket a@ New Hrven to go to New York by tne New Haven Rail- ruad When the conductor came round for the collee- tion of the tickets, after tho cars had left New Haven, the plaintiff, after feeling in bis pockets. said he had lovt his ticket. The conductor asked him tor his ee wae he refused He then asked for a to acme body, but the plaintiff raid preys 6 knew hia in the cars The conductor then told him if he would bis fare, acd it rhould turn out when they reached New Yorkt thet he bad lost the ticket. that the money should be returved. But the plaintiff said he'd be demned if he would, be bad paid his fare, and that was the end of it. When thoy reached Milord, which was the ot tion, the conductor told him be must go out or pay his fare. The plaintiff refused to go and the conductor tH? afterwards found his arrived the wext morning, and was delayed im losving with his tloop for Cheeter, Cona . for an edditionsl dey, whens storm came on that delayed him several daye further. He left on the 9th of the month. and arrived at the mouth of the Convecticut river on the 14th, whisk being closed by ice, he could not go up to Chester. and he had to give the Captain of aslvop there the whole & pasrenger who does not, or produce his ticket, though he may have paid for one, said that it was not necessary, however, to determine that point ‘The claim here is for damages. aud tiff bas not shown (boyd which the reoovered {¢ s It must eppear thet the delay occastoned by the ast of the conductor. prevented the plaintiff from makiog his trip to Chester. and his loss of his freight, It ix mot #ag- that it might or that it is withia the raoge of pro- Ddabiliry that it ad. I odacing cate. ‘The naturel and proximate result es SH they are not bound to pay for it Boch ts not ome bere. Other caures may have the arrival in time with his sloop sone wee after bim and arrived long bofere him. This speculative, too remote, to render t too rpceuiaive, too ramets sail muse theradoeebe Some butted. = ‘The Franklin House, and at Hudscm, were boarder in the Fremklin itte pertened tm in thoye landlord bas been axrested oa suspicion of Oring the promises, ¥