The New York Herald Newspaper, December 13, 1852, Page 4

NEW YORK HERALD, | pit“: comarca ‘$4 per an- | samEs RDON BENNET®, OPRIETOR AND EDITOR. QPMNeS M. W. CORNER OF FULTON AND NASSAU StS. ~~ Beenie HERILD two cents 37 ald. ¥ s per copy—BT per annum, WEEKLY HERALD. every Saturday. at 6% cente Ber copy or 83 per annum; the Buropean Edition, ee part ef Great Britain and $5 to any part ef the Dontiwent Bo to trotude te postage VOLENTAS Y Mga Od wep Prnpeenr a impor~ Bent news. solicited from any quarter world; if used, Wa EMivrcin geld fer, Ges Fou cies Comnraretousrs | Ge ParticvLaRty Requssren TO Sear ace Loand A"D Pack aces sent vs. ALL LETTERS by mail for Subscription. or with Adver- . to be post-paid, or the postage will be deducted from Pre money remitied NO NOTICE taken ef anonymous communications. We @ not return those rejected. JOB PRINTING executed with ncatness, cheapness, and tisements renewed every daw Velume XVII ‘ ose WO, 345, SO AMUSEMENTS THIS EVENING. THEATRE, Bowery. Tux Hesazw Son-~ BROADWAY THEATRE, Brondway.—Tux Peni -Wan- maep amp Ser riep. BIBLO'S.—Crownx Diamonns. BURTON'S THEATRE. Chambers street—Pavi. Par— ‘Swovsann Miri: wens Wancen. WATIONAL THEATRE, Chatham street—Hawe, ene Brouwarmax—F.wian Siave—Loan or a Lover. WALLACK'S THEATKE, Brosdway.---Loxvon As- @onance—Practicat Man. WHITE'S THEATRE OF VARIETIES, 17 and 19 Bowe- ey Pook Gentieman—M ‘evous Nie AMERICAN MUSEUM.—Afternoon Brening- Ur—M. P.— ve. GEORA WA, 586 Broad way—Banvany's Payonama oF ‘Ber Rery Lann. * STUYVESANT INSTITUTE—Paor, Wulrer's Eve- mines. 8% BROADWAY.—MrowamiaL Exnrerrion, GIRIGTY'S OPERA HOUSE, 672 Brondway—Rrarorta winoratiay sy Gunarr sara ae "es Musical Hall, 444 Broad- ‘WOOD'S MINSTRELS, W way. —Brmiorias MinsTRELsy. OERCUS, 57 Bowery.—Equectaian ENTeRraisMenrs. New York, Monday, December 13, 1852 whe News. We are full of news of empires restored ; republics | pevolutionized ; states seized ; cities destroyed by | | doMars. to officiate as consul. Mr. his sppointment frem our Mini,ster demanded ef Mr. Rice the seals of office, which Mr Rice refused to deliver. Mr. Foster ap- plied te the authorities for assistance; bat up to the time of the departure of the Golden Gate no steps had beep taken, although it was ramored that the Mexican authorities were going to force Mr. Rice to deliver the seals of office to Mr. Foster. In the meantime the steamers arriving refuse to deliver their papers tocither Captain Patterson delivered the Golden Gate’s to Mr. Rice. In another column will be found the particulars of the burning, at Valparaiso, of the scrow steam- ship City of Pittsburg. Tho disaster is a heavy Joss to the owners, as the value of her stores and provisions, including duplicates of nearly all her machinery, and the expenses of her outfits at Rio and Valparaiso, amounting to $100,000, were not | covered by insurance. She was a fine vessel, of 3,368 tone, and cost $300,000, for which amount she wag ineured in this city and Eogland. The police of Albany, last Saturday night, pro- eecded to West Troy and arrested a man named Robert Morrison, in whose possession they foand counterfeit notes on the banks of this and other States to the amount of nearly thirteen hundred The prisoner is euspected of being connect- ed with an ofganized band of swindlers, who have, | within the last twelve months, put into circulation upwards of seventy-five thousand dollars of spurious money of every description. Seven prisoners, two of them accused of murder, made their escape from the Baltimore jail last Satur- day night None of them had been recaptured up to last evening. The chip Elsinore, bound to this port, with one bundred and fifty passengers from London and Deal, was off Halifax, on the 9th iast , short of provisions and wi:h Joes of sails. Assistance was sent to her from Halifax. A Savannah paper states that in consequence of the settlement of the ‘ Crescent City affuir” to the satisfaction of Purser Smith and the Captain- General of Cuba, Captain Davenport will resume the command of one of the Law steamers. Captain D. was in Savannah on Wednesday. The jury, on retiring from the Crimipal Court in Baltimore, last Saturday, after having rendered a yerdict of guilty of manslaughter against James Karr, were assaulted by a gang of the prisonor’s friends, and one of them was severely beaten. Com- | ment is unnecessary. The new Roman Catholic church lately built at fire; fortunes lost. and fortunes made; of millions of gold dust pouring into London and New York, from Australie and California; of millions of dollare, in | gilver, leaving Mexico, Pera and Chili, for the great | @ommercial cities of the world; of millionaires | starting up in every direction ; of citiesin ashes one dey and up again, Phenix-like, on the next ; of | shocking murders ; robberics ; ascidents ; deaths, | births, marriages, &¢ &c. What a picture of eplen- | @or and misery a newspaper presents to mankind, at | ithe breakfast table every morning! Oar readers will find in the Hzraup of to-day :— ‘Ast. The full particulars of the tbree great fires in Cali | fornia, destroying cver $10,000,000 in property ; | mame of sufferers, &c. \ 9a. The details of the Presidential election in California ; | over 3,000 majority for Pierce. 8d. The latest from Sonora of the French movements in that State—xow independent of Mexico. 4th. The particulars cf the burning of the steamship City of Pittsburg at Valparaiso—loss over $300,(00, Sth News from New Gransda, of gold mines, festivities and murders. th. The freshest historical facts connected with the restoration of the Empire in France—a splendid tableaux. ‘7th. Intelligence from the West Indies—from poor, de- eaying Jamaica. ‘Sb. Ten days later news from the Sandwich Islands, the Half Way House of the Pacific, with interesting in. | telligence from the whaling ficet, which will be im- portant to mothers and daughters and insurance | offices down cast Mth. Very late accounts from the Cape of Cood Hope— where the English are annexing more territory and Killing the natives. 10th. The report of ancther revolution in Mexico, of the recall of Santa Anna, and of his intention to leave Car- thagena in @ shert time for Mexico. Tith. A variety of other intelligence. By the steamship Illinois, we are enabled to give | the details of the news from California, which was | foreshadowed by the telegraph from Now Orleans. | The vew State has agein been ted by the de vouring element, which has swept off millions of | property, and reduced to poverty hundreds who had | but 2 few hours previous counted themselves wealthy. The fire at Sacramento was probably the most dis astrous of any that has yet occured in California, as | the accounts we give in another column, we think, | will fully demonstrate. San Francisoo and Sonora | have also been visited with a conflagration, which | destroyed in each a large amount of property. The reeult of the election in Celifornia does not vary much from what was anticipated—the mpojority for the democratic ticket being but about two thou- gand greater than it had been calculated by the whigs. The source from whence flows the golden Fort Hamilton was dedicated yesterday by Arch- bishop Hughes. We give a full report of the oere- mony end rermon, in another part of our paper, this morning The fifth anniveteary of the Sabbath Schoo) Mis sionary Society of Allen street Presbyterian} church was celebrated yesterday evening. The church was very crowded, and the interest of the provcedings was enhanced by the singing of hymns by a num- ber of the children belonging to the Sunday school. An interesting report was read by Mr. Proll, and the Rev. Messrs. Clark sud Street delivered eloquent addresses. Having s press of matter, we are com- | pelled to defer publishing @ report of the prooeed- ings. We are also compeiled to omit reports of the New York City Tract Society, and the annual missionary meeting of the Second street Methodist Episcopal church At the first, the Rey Asa Smith preached a preliminary sermon, previous to its anniversary on Wednesday next, at the Reformed Datch church at Lafayette place. At the seconh, Bishop Janes and the Rev. M. L. Scudier delivered forcible and elo- quent addresses. There were noarly a thousand people present, and the collection amounted to about $250 ‘Two very important decisions were given on Sa- turday—one in the Supreme Court, by Hon. Judge Roosevelt, respecting the rights of citizens to search in the Register’s office ; and the other in the Com- mon Pleas, by Hon. Judge Daly, ina matter arising eut of the celebrated Warner case. Both will be read with interest, not only by the members of the legal profession, but by the community at large. Our columns to-day contain an account of the killing of a white man by a negro in Water street; a stabbing affrey in James street, anda variety of other local information, to which it is unnecessary to more particularly refer. The Empire Established tn France. In eonnection with the important though expect- ed intelligence received from Europe by the Niaga- ra, that the empire is finally established in France | by the vote of the people, we publish to day several very interesting documents relating thereto, and which will be read with groat avidity at the present time: The report of the Commission in faver of the Empire, the protest of Heury V , and the protests of Victor Hugo, and of some French revolutionary societies in the island of Jersey. These papers, par- ticularly the report of the Commission, whichis able and elaborate, will amply repay perusal, and serve to throw much light upon this the all-absorb- ing topic in our foreign news treasure appears as insxhaustible as when the flood gates were first opened. By the steamer of | the 16th vlt., from San Francisco, $2,582,212 were | shipped for the Atlantic States, which, added to { the previous amount that left on the Ist, makes the } enormous sum of $5. 000, besides what was io | the hands of passengers, which was sent from that | port in the short space of sixteen days. The nows | ishighly important, and will repay a careful pe | rusal. The vote of the city and county of San Franci 0, at the recent election, shows the astonishing in- ereaze of population since the cession of Califorais | to tho United States, only about five years since.— The whole number of votes polled in San Francieco, was as follows :—In the eity, 8,130 votes wore cast, in the county outside, about 400—in all, 8,530. The majority for Pierce and King in the whole county is 67. The vote of the city of New York, at the Presidential election in the year 1800, which vote decided the question in favor of Jefferson, was 5,600—the democratic majority being 440. The population of the city, at that timo, was 60,489. Bat the propertion of voters to the population, is much greater in San Francisco than here. ‘The Illinois has also brought ten days later news from Kingston, Jamaica, snd in another part of our paper we publish a few interesteng iteme and the letter of our correspondent. Therein it will be per- evived that the island has boon visited with hoavy rains, small pox, and an+arthquake, and the island of St, Thomas has been scourged with yellow fever. Mr. Postmaster Brady despatched the California mails by special conveyance, at 4 o'clock yesterday afternoon, to Boston. All the mail matter for the Fast sccumulated at the office to that hour was elso sent through. Tho same thing was done in Boston with the European maile brought by the Niagara. The train left that city at the same hour for New York, and the mails reached this city in time for the delivery of the letters on the opening of the Post Office this morning. The Collins steamship Arctic is now due, with four days later advices from Europe. Her regular time was up yesterday, but she has probably been delayed, as have nearly all the othor vessels, bythe late extremely inclement weathor. The’ steamship Baltic, which run upon the Mud Flats, just below Red Hook, in endeavoring to get out of the Bay in the fog of Saturday, was got off at night, on the flood tide, and passed down through the Narrows at 7 o'clock on Sunday morning. The difficulty relative to the American consulate | at Acapuloo remains unsettled. Mr. Rive formally | wrote to Mr. Letcher, the American Minister at We have not the entire official vote, but we have enough to indicate with absolute certainty what the result isto be, and that it is exactly what we an- ticipated on receiving the firet intelligence of the proceedings taken to bring the measure before the people. We then stated our conviction that the people would vote Louis Napoleon emperor for life, with a greater suffrage then ever was given to any man in France before— greater, even, than was given to himself when he was elected President of tho re- | public in 1848, and President for ten years in De- cember, 1851. This is the denouément of the drama to which we pointed yegse ago. We knew that he was wade of sterner stuff than he got credit for, and we also knew the sentiments of the people of France upon republicanism. We said from the beginning, that Louis Napoleon had the strength and capacity to maintain his position, and would proceed step by step to tho establishment of the empire. We knew he would follow the example of his uncle, who is his model ond his idol, as well as the idol of the French people. In the face of the predic- tions of Kossuth, and the false prophets of the shallow presees which sustained his views, we declared our unshaken belief in the permanency of the government of Napoleon the Third, aswe did in the bursting of the Hungarian bubble. In both cases the result has justified the soundness ef the views of the Hueatp, and exposed the ignorance, the short-rightedness, and the charlatanry of the public instructers @o endeavored to lead the peo- ple of the United States estray upon those and other fil: bustero questions. Bome of our cotemporaries are sadly at a loss to account for this series of political events in France, and are puzzling themselves with various theories to explain what appears to thom to be almos! iacx- plicable. They cannot understand why it is that a man who was not popular, who had not much abili- ty, and had emerged almost from obzourity, should be not only raised to power, but continued init, and that power gradually increased and strengthened, till what seemed a red republic less than fire years go, is now an absolute empire. The secret is this—the French people never de- sired a republic, at least not such a republic ag would maintain liberty, fraternity, equaliy. ‘Tho revolution of 1848 was not the emanation of the people of France; it was a pure accident, which took every body by surprise, and the actors in the drama were as much surprised at their own success as any body else. But the most curious part of the businees was, that when a republic was proclaimed at the Hotel de Ville by an ourrier ina blouse, the men who brought it about were nt a loss what to do It was office they wanted, and not a revolation Mexico, for leave of absence, and requested him to appoint Mr. Bills, agent ofthe Panama Mail Steam- | ship Company, vive consul during his absence. Mr. | Leteher received Mr. Rice’s request for leave of ab- | sence, but appointed Mr. Foster instead of Mr. Bills On learning of the appointment of Mr. Foster, Mr, Juce declined taking leave of absence, and up toth 4 r did the people of France want a republic, as is evident from their votes The republic was pro. claimed without consulting them, and now thoy have repudiated it They are not repubi an In their ideas, aod do not 5 tha eppr i 2 Salle g Vexnment, thay would wanted Ware strong, ations. A) 4 | to be found in the Napoleon dynasty. It was not the mere man, Louis Napoleon, therefore, that the French votes elevated to empire, but the representative of Napoleonism—a man that wou!d carry oat the ideas of him whoee ashes sleep beneath the dome of the In- valides, but which rule as powerfully in France this moment, as when they were animated by the living fire of that great spirit, whose very tread so shook all Euroye that ite kings and emperors did not think avy prision within its limits sufficiently strong to tecure the caged eagle, chafing in his chains. T! unanimity with which the peeple have now vot for the nephew has been only equalled by their votes for the uncle, as the following table will show :+- VOTES FOR NAPOLEON THE GREAT. Voters. Assentient. Dissentient. + 3.012.569 8,011 007 1,562 001 wees 8877259 3.668 888. 8,324 Hereditary «mpire.. 3.524254 3.521.605 2.579 His returm fiom E!ba was aleo sanetioned by an almost unsnimevs vo'e. VOTES FOK NAPOLEON THE THIRD. FOR PRESIDENT 1 1 Louis Napoleon Cavaignac 36 17901 4080 12.480 Uneonstitutional votes. 25 310 YOR LOUIS NAPOLEON AS PRESIDENT FOR TEN YEARS, SO he 7.481.231 in favor of the proposition. , Agaiit Iteeecceeseeess 640,237 FOR EMPEROR FOR LIFR, NOVEMBER 1852, "AB far as the returns are recelved Yeas.. « 7.200 000 Nays. Peer ee 250,000 Here, then, we see Louis Napoleon first elected | President for three years, then President for ten years, and lastly Emperor for life, by votes of the people, almost unanimous, and at each repetition approximating more closely to por fect unanimity. It is quite clear, therefore, that the country, while satisfied with his pist career as Prince President, “nas unlimited con- fidence in his resotrces and capabilisies fer the future. He has proved himself a man of nerve, coursge, firmness, and undoubted ability. The people regard him as a scion from the root of the Napoleon of Austerlitz and imbued with the properties and virtues of the old tree. They believe that he will cultivate the arts of poace ona grand scale, while ho will also play a glorious part on the thea're of war. Perheps they dream that the day is not distant when tho project of the elder Napoleon, of invading England, which was enter- tained and prepared at the very time he was crowned’ emperor, will be carried into exocu- tion by the younger, who believes that he is appointed by the decrees of fate to re- alize the ideas of the mighty dead. Even in the spring of 1837, when he was in this country, in converfations with Mr. FitzGreene Halleck, the poet, and others, he declared himeclf to be the rep- resentative of the Napoleon family, and bound to carry out its destinies. The three allied powers, Russia, Prussia and Aus- tria, will now have an opportunity of testing their mettle by interfering with the decree of the French yeeple, which, in spite of the Congress of Vienna, and the secret treaty of last year, not only puts on the throne a member of the Napoleon family, but provides for the perpetuation of the dynasty for all future time. We may look out for events of vast importance in Europe during the year 1853, in con- nection with the military empire of France, and the enward career of Napoleon the Third. French Annexation in Mexico— The Latest News. The revolutionary movement in the Sta‘e of Son- ora, in our neighboring republic, and the character which that revolution has assumed, in the proclam- ation of independence made by the victorious insur- gents, and of annexation of that Btate to Francs, is a subjest which deeorves the earnest attention of the citizens and goverrment of the United States. In order to enable our readers to understend thor- oughly the history of this remarkable affair, and the political complication in which it is involved,we have compiled an interes'ing statement of all the facts end incidents which have occurred in connec- tion with it upto the period of our latest inielli- gence from Sonora. We-aelso republish the transla- tion of a very significant article which appeared in the Paris Consttuionnel in June lest, indicating the French sentiment and policy with regard to the relations between this country and Mexico. And, as affording a corroboration of the views therein set forth, we aleo give the translation of an ex‘ract from another French publisation, the Annuaire des | Deux Mondes for 1852. But, on the other hand, we are in the possession, through the politeness of Mr. Guys, of Acapulco, of | several important particulars relative to the revo- Tution in Sonora, which put a somewhat different aspect to the matter The dates from Guaya- mas are to the 12th of November. Mr. Guys say Count Boulbon is commander of an expedition fitted out in San Francieco, by a large commercial house in Mexico for the pur. pose of working the mines of Almedal, situated about equi-distant from Guayamas and Mermosilia, the capital of the State of Sonora. On taking pos session of the mines he was ordered to leave by another party, fitted out in Mexico and supported by Gen. Blaneo. This Coant Boulbon refused to do, and an engagement ensued, which resulted in the rout of the Mexicans under Gen. Blanco. The Mexicans are reported to have numbered about 2,000—the French under Count Boulbon only 250. Fifteen ofthe French were killed, anda large numbor | of the Mexicans killed and wounded. Count Boulbon then marched on Hermosilia, the capital of Sonora, took the place, declared Sonora independent, and, with his handful of men, was encamped within one lesgue of Guayamss, when the veeeel whish brought this news to Acapulco left. The inhabitants of Guayamas had all left the place—most of them hay- ing fraternized with the French The French | troops, or miners, were in straitened circumstances; but there ig no doubt but that if they can hold out until reinforcements can reach them from San Francisco, Sonora will maintain her independence. By the news from Gusyamas, brought by Mr. Guys, we have vo in:imation that it was the iatention to do more than maintain the independence of the State of Sonora; and the probable result looked for- ward to is annexation to the United States Sonora is the richest in agricultural products and in minerals of eny one of the Mexican States, aud the citizens are gererally in favor of annexation The spirit and drift of the articles givon ia an- | other column, however, when viewed ia connection with the events which have recently taken place in the island of Hayti, as woll asin Sonora, uumis- takeably cemonstrate the new line of policy which it would seem France has resolved to adopt in rola: | tion to this republic, and to avoid complications in Europe. The despote of the O!d World see, with in- tenro alarm, the tendency which our republican inetitutions have to overepread this continent, and they dread the influence which our increasing power would give us in tho affwire of Europo This is confessedly the motive which has urged France to send her squadron to the peniasula of Samana, and to prosecute the colonization scheme of Sonora. The United States is to be pr:veuted, at every hazard, from increasing her terrivory by the absorp- tion of the week republic of Mexico into the Union. And the mode resolved on to carry out this polioy is to sond French coloviste in'o Sonora, under the leadership of a ci- devant Algeria. So far, the plot bas’ been succoueful—the de flicer of tho army of | ae ment all that could be desired by the Frenol government. Count Boutbon, w turous band of five hundred men, well srmaéd aad eqaip fed, Will be able, no doubt, to ainet any fore nich the eh I his ¢ d hon) Will xivo aon send againet | Who govormmeys of tay Valid Biale | police. | ef the power, ally, in the face, too,.ef the Monroe doctrine? Will it not recognize in this the first act of a grand con- spiracy or combination among the despots of the Old World, te restrain the growth of this republic by establishing a new French colony on the Gulf of California ? And if this is the palpable and trans- parent object of the new cotemporaneous move- ments at Sonora and Samana, what then will be the conduct of our administration ? We cannot answer hopefully for the present ad- ministration, but we bave much confidence in that which a» few months more will ree installed. The fature is full of important events. Prepare! GengraL Scorr anp rue New York Heraup — During the late Presidential campaign, there was published in a political shest of Mem- phis, Tennessee, the meanest falsehood against Gen. Scott, in reference to the New York Hwera.p, uttered during the canvass. The ‘‘outside barba- rian” was doubtless furnished this pitiful invention from the Seward head quarters of this city, from which emanated such trash as the pamphlet “Why Iam a Whig,” and Robdinson’s speech on “General Pierce and the Catholic Question,” and slanders and billingseates ad nauseum. Now we find the same Memphis paper copying from the same Seward organ a characteristic attack upon this journal, and de- nying thst General Scott had ever made any such declaration as that his defeat was largely attribu. table to the New York Heraup. Now, notwith standing we have some authority for the remark thus credited to the account of Old Chippewa, we shall not bandy words with his whig revilers. But ex-Senator Westoott had nothing to do with the matter, nor does he write editorials for the New York Henaup—having, doubtless, as much as he can attend to in watching the shuffling politicians at Washington, and keeping them straight, for his own amusement. We had hoped our Memphis friend was satisfied with the result of the election. What more can he want ? Mexican QuEstions.—The administration of General Pierce will have a knot of ugly questions to settle with Mexico. Among these are the Tehuan- tepec question, upon which a resolution tante- mount to a declaration of war is pending in the United States Senate—the frontier Indian question, in which, by the treaty of Guadalupe Hidalgo, we are bound to keep our border Indians within our limite, from the Gulf of Mexico to the Pacific, a treaty which we have utterly failed to fulfil—the filibustero question, in which certain Texas rangers are implicated with Caravajal and company—the Acapulco question, concerning the recent outrages there by the authorities upon American eiti- zene—alzo, the French Sonora question—and last, though not least, the revolutionary con- dition of the country, and its crippled, helpless, and hopeless condition, may bring up, within a year or two, the annexation question. There will be plenty of work for General Pierce in Mexico, in the settlement of all these questions. What will be done with them? Ah, that’s another question. Quien sabe. Massacuvrerts Exxcrions.—Another election takes place in Massachusetts to-day, being the fourth of the eeries since the second of November last. The first was for President of the United States; the second, just one week after, was the regular State election; the third, en the 22d ult, was for repreeentatives to the Legislature in the towks that failed to oleot at the previous canvass, by not giving a majority of the whole number of yotes to any candidate; and today the fourth election takes plece, which will be the second trial, for members of Congress in nine of the eleven new districts, and in three of the old to fill vacancies in the present Congress. Ag a plurality of the votes will elect, on this trial, we presume at its close the curtain will fall on the pelitical drama in Massa cbusetts, and give the actors a holiday, and the peblic, who, no doubt, have been unwilling spesta- tor? of the varied ecenes that have been represent- ed, a reason of peace and quiet. Municipal officers are also to be clected in Boston, and some of the other cities and towns in the State, which seems to engross the attention of the people to such an ex- tent as to almost throw the Congressional contest into forgetfylnees. The parties, too, on the charter tickets, are cut up into fragments, each faction posseesing some peculiarity by which it is distin- guizhed from its numerous opponents. They may be enumerated as followe:—Democrats, whigs, free- toilers, unionists, coalitionists, citizens, indepen- dents, reformers, and Tukey men. Marine Affal Tun Evxamsuir Siena Neva», Captain Wilson, which was prevented by the feg from going to sea on Saturday, left port yesterday morning, for Panama, via Rio Janeiro. She is intended for Mesers. Howard & Son’s San Fran- circo and Panama line. She took nelther freight nor pas- eengers, Tue New Sreanen Amony, reported as having eatled on Saturday, for St. Thomer, did not get away. She re- turned up the East river on Sunday morning, and an. chored. to have some slight disarraugement in her ma- chinery attended to. Sir Sntoon.—This beautifal craft, comutianded by | Captain Smith, one of our ablest seamen. can bs seon on the Balance Dry Dock, where che is being coppered. She was constructed by the builder of the Tornado, Jabez Williams, Eeq , for the Messrs. Mumford’s line of Califor- nia clippers. 0 Curren Sir Sovensio! Nor tHe Seas.—This besutiful new clipper arrived at San Francisco on the 15th Novem- ber from this city, after a passage of 103 days. Although this time bas been beaten, etill, probably, under all cir- cumstances, it was as gocd a passage as was ever made. bhe experienced heavy head gales for fourteen days afver leaving New York, during which time she only made 600 wiles. She was 51 daysto the Cape, where she Iay be- calmed four days. The greatest day’s run was 365 miles, svernging 17 miles per hour, with a tree wi Made the un from New York to Cape Horn in 51 from the cape to the equator in 33 days; and from tl aator to | Sen Francisco in 19 deys; crossed the equatcr in longi- tude 119. On the 12th Octeber, at midnight, in a atrong | d head sa, she lost her maintopmast, foretopmast, A: other Homicide in the Fourth Ward. | | | | | foreyard. and mizen torgalint mast, und evory thread of | | camvars on the foremast. City Intedligence, Tur Wratuen,—Yesterday morning opened with sun- shine. which lasted throughout the entire day. The fine ttate of the weather wastaken advantage of by crowds of people, who visited the various suburbs of this great city, to enjoy themselves. The change in tie weather has been very endden. On Saturday night it fore, and all the little pools of water were covered with ic». ‘Tbe ther- moweter in the Henacn office yesterday, stood at eighty. Rsseven From Drowsrxc,—On Saturday efternoon, an unknown man fell into the dock at the foot of Mor- ton street, and was rescued from drowning by the police Two unknown men fell into the dock at pier No. 4 Kast river. and were rescued from a watery grave by the Ay Imrortant Rattroap Decision ~ An impor tant decision in regard to railroads hasjast been made in the case of Gay, Collins and others, vs, the Buffalo, Oorn- ing, and New ork Rullroad Con.pany. The demurrer in is cause wes argued end decided at the Cayuga Specisl rm, on th he judges decided that the omission to pay the ten por cent, upon the subsptions of the original stockholders in lieu of the money therefor, | as charged in the ccmpisint, and admitted by the de- muzrer, constivuted a fatal objection to the inevrporation Geferndants, and ordered a perpetual injunction vst running their road, unless they shall amend in y days on paswort of costs KE, G, Lapham, attor- \eintiffs; W. Burnop attorney for defend It ‘thus that the ton per cent. payment required by the ge road law. must be paid in money, and pot in notes of the stockholders before the company be- comes @n incorporation. tl rey for Drgavrut Rainoap Catasrrerin Lives Lost —This morping, between six o'clock, a collision took place at Shortaville nandaigua, on the Rochester and Byracuse and a wood train going east, by which three passengers m the former train were fatsily injured. dying ia about half an bour from the time of the collision, from the wounds received. Two of the men killed are German emigrants, while the third is supposed go be « boatman ef American birth Two other passengers ace injured, but not ceriowsly —Ruchester Advertiser, Dec, 10. Woman's Rienrs.—The aly, (Mra Bloomers peper) payece"At the late election ‘in this town, a wo- -cumpeni d her hurband to the p: stood by tH he deporiied bis ballot. She, of coure, kaow vote, but a9 her hashand was her repre. t was but right that rhe should sutiefy herself he yerffrmed hie duty faithfully, She dare vot st him to go alone, for kuowing hit weekaeas we i we evil p f a ht ing ord (hen eteal hie vote» and fo she would nop leave bim tid all was wale,” f petween the night express train comiag west | “in the street. The negro did not try to esca; | he had stopped. leaving without BY POLICE. On pines im Water strect, near Dover, situated in the Fourth ward, between some white men and a negro named Ho- ratio Melix, in which the\latter indicted a fa‘al wound, with s sheath knife, inthe neck of one of the white men, named William Bevim, catiing death in about half an hour efter. The facts and cireumstances attending the whole af- fair,es near as could be ascertained prior to the Coro- ner’s investigation, are as follows :— Horatio Melix was & hand employed on board the fiah- ing schooner Louisa, Wm. Stephens, master, lying at pier No. 7 East river, and while ashore on Saturday evening, met Charles Stephens, the mate of raid schooner; they proceeded together aleng Water street, until they came to the perter house of Mr. Mills, near Dover street. Stephens proposed to go in and take a driok; the negro declined to go in, unless permission was given by the landlord, as the viriters, he thought, inside, might not like it. Mr. Stephens then asked Mr. Mills if the negro could be allowed in, and getting an answer in the affirmative, they both entered the eaioon and there found a number of sailors and ‘long-shore men, some of whem, soon a‘ter they entered, began to exhibit « dispo- sition to quarrel, and words ultimately ensued between them,and Stephens and the negro were attecked, and re- ceived several blows; they then. finding the odds much against them, made their escape from the houre into the street. followed by the assailing parties, who seemed to aim their anger more particularly at the bleck man. They phreved him down the street a short distance, calling out “kill him.” “kill the d—n son ofa—*" The negro beleving that the aseuilants intended to teke his life, drew from his belt a sheath knife and as Bevin ad. vanced the negro thrust the knife into his errs ) throat, inffi¢ting a wound which caused death in about thirty minutes after. ‘The injured man on receiving the stab, fell immediately to the payement; the blood flowed freely, and he soon be- came insentible Several persons seeing the deceaced fall, went te bis assistance, picked him up and conveyed him to the nearest house. Dr. Johnson ceme to his aid, but could not afford auy relief, as the injury was fatal, aad death entued. The colored man, immediately after inflicting the wound, returned to the echooner, and there iu’ormed the captain of sli that bad taken place as he alleged, in the defence of his own life~that he had stabbed a ie bu! remained on board the schooner until officers Knowles and Welsh, of the Fourth ward police, came on board that night and took him into custody. The prisoner was conveyed to the Fourth ward station house, and Captain Ditchett detained him to a quest; the body of the deceased was ie station house. ‘The police arrested Charles Stephens, the mate of the schooner. and held him in custody as a wit- s_also were the following persous detained as wit- nesses: Wm Simpeon, of No 14 Bi eet; Thes, Mad- den, John Fisher. and Thos. Devin ach of whom are eaid to be able to testify toa portion or to the whole of the circumstances attending this fatal affray. The do- ceased was @ sailmaker by trade, and thirty-three years ofege. The negro is a mative of Plymouth. Mass., twenty years of age. and bas a wife and one obitd living at that place Osptain Btepbens, in whore employ the negro bas been for some time past, says be has known him for several years past, ard gives him quite # good character for general good and peaceable conduct. Coroner Ives in- tends to commence the inquest on the body at twolve o'clock this day, Police Intelligence. ANOTHER ASSAULT WITH A KNIPE—-ARREST OF THE GUILTY PARTY. About 11 o'clock on Saturday night, a difficulty and affray took place at the premises No. 83 James street, between Oliver Turman, cne of the inmates of the said premises, and James Madegan, of No. 7 Pelhnm street, in which affray the latter, as alleged, stabbed Turman with a pocket kpife, inflicting a deep and dangerous wound inthe abdomen. After inflicting the iajury, Ma- degan fled but was subscquently arrested afteza pursuit, by officer Travis, of the Fourth ward, and conveyed to the station house and afterwards gent to the Tombs, and was committed to prison by Justice Welsh, to await a further heering. Drs. Sleight and Wood examived the wound, and stated tbat great doubt existed as to the recovery of the injured man. Yesterday afternoon the wounded min war rent to the City Hospital. John McMenomy. of No. 76 Oliver street. is said to have witnessed the affray. A Truant Boy.—An intelligent and genteel looking boy. sixteen years of age, by the mame of John Trus McMurray. was on Sunday afternoon arrested by officer Keefe, one of the Chiet’s aids, on euspicion of being dis honest. Atthe time the boy was arrested he was poring up atthe Mercantile Hotel in Warren street. where he had been tince Thursday last. On fearching his person the police found hotel keys belonging to the Metropolitan Hotel, Astor House. and Irving House, at which places ying his board. ‘The boy, when taken to the office of the Chief of Police, stated that his father kept a book store iu Atlantic street, Brooklyn—that about two months sgos disagreement bad taken place between bimself and his father, which caused him to leave bis home, since which time as been boarding at the various hotelsin this city. T denied the commission of any dishonest act, and si he remained absent from bome with an ides that his father would make rome reconciliation. At the different hotels the boy went by the fictitious names of McMullen. Coch- rane and Anderton The Chief of Polive detained him until his father was sent for, amd the whole affair ex- plained. 4 Riot end Violent Assault on the Five Pointt=—A terri. ble affray and riot tock place y% jay. in Anthony street, cn the Five Points in which a number of persons were very feriourly injured. A man desiguated * Despe- | rate Mike,’? weli known to the police, received a terrible beating about the head. and was taken to the City Hospi- tal in a dargerous state. The affray occurred about the porserrion of a deg. The police of the fixth ward came to the scene of riot. and took into custody the following men. namely: Terreroe Rooney Jobn (Donnell, Cornelius Sullivan, John Nolan and Daniel Sullivan. The accused parties were taken before Justics Welsh, who committed them to prison for a further examination. in Affroy in Broadway —Last evening an affray took Broadway, be- Flace at the corner of Prince street ant , tween two young men named Bob Lamont and Bob Mitchell. The former is alleged to have knocked Mitchell in the street, and beat hin severely about the face |. The injured man was conveyed to the Oity epital, aud cfficers McDonald and Austin took Mr. La- ment into custody and conveyed him to the Eighth ward station house. Important Decision on the Rights to Search in the Register’s ofiice. SUPREME COURT—SPECIAL TERM Before Hon Judze Roorevelt Deo. 11—Townshend vs, the Register —This was'a motion calling on the Regivter of Deeds in and for the city and county of New York, to show cause why 8 mandamus should not istue commanding him to mske «search. It appeared by the affidavits, that a request was delivered to the Register in the form following :—‘: I require you to search the records in your office and certify the title of Fadward Wigfall, av it appears on and from suid records, to the pieces of land hereafter described, and also to Feurc und certify the jucumbrances on said pieces of janud.”? Then follows a description of the property. The Register objected to make the reatch. on the grouads, > amcog others. that the request was uot in the usnal form; that to mak ch a search would entail great labor on the register. and that the requost ought to state the nome of each party, against whom the search was required, and the period durirg which such search was to be made Re judge this morning delivered the following de- cision = ‘Chis is an application for mandamus, against the Re ister of Deeds, to compel him to “ search the records in his office and certify the title, as there appearing. of one Edward T, Wigfall '’ to certain lots of land fully de- roribed, in Fighty fifth and Highty-eighth streets. in the city of New York. Mr. Towashend, who applies for the writ, ecmplains that the Register while forbidding him Townshend.from searching for himself, unless he paid a (ee of five cents for every year searched. refused to com- ply vith a written requisition to do it officially, although tendered full fees for the service. The Register ‘objects thet the requitition was too geperal—that it was a very inconvenient departure from the uniform practice of giv- ing the particular names and dates. in respect of which the earch wes to be made—that the records consist of more than one thousand volumes and that it would be impogrtible for the force allowed in the office to perform its duties if they were to be called upon to investigate titles, and virtually to dischsrge the functions of counsel, Titles. too, it is contended, and truly, depend not upom deeds and mortgages only. but upon will and intestate dercents, upon deaths, marriages, relationshfp, alienisms, changes of description and other matters. none of which arerecerded in the Register's office. Hor, then. it is asked can he be expected to “ certify the title’? of real estate? He may search, for a specified period, in respect of & Fpecified piree of property. sgainst speeffied indi- viduals, for deeds or mortgages, from or to them—and even that, in the voluminous condition of the records of this city. is not unfrequently @ very tedious and difficnit operation—a general search is nearly or quite impracti- cable. The applicant, however, contends that, wnatever may be the difficulty. it is nevertheless the duty of the Register to perform the service ; and he cites the lan- guage of the set of 1840 (§ 15) as fully justitying the form of this particular requisition. That act. in pre- ecribing the fees to be thereafter allowed to clerky of countics and regi ters of cities, declares that they shall cherge * for searching and cortifying the title of, and in- cumbrance upon, real estate, the sum of ten eents for or ch conveyance and incumbrance certified; provided that such fees shall in no case amount to less than fifty cots, nor mere than five dollars” The previous law, as compared in the Revived Statutes of 1830 gave the clerks and regis ters © five cents for each yerr, for searching the records in their office,” saying nothing about certifying titles And the change of language, it is contended, was designed not merely tocieot a change in the rate of compensation, but in the duties which the officer was to perform. Such amede of interpretation is not consistent with tha rules leid down for determining the effect of statutes or a other written documents, Still. it cannot be denied that the exprestions used in the act of '40 assume that it was at the time. and was to contioue to be the duty of the Register “to search avd certify tities and iacumbrances.”” What. then, istho fair. practicable meaning of taose ex- pression? ‘Can A, about buying a certatn lot of land from I. who profesies to be the owner, go to the Regis. ter's office and require him to reareh the itle of B to the lot in question, giving merely the namo of the alleged owrer and a ruiteble frit ition of the lot to be con- ainly con take the indexes, veyed. ‘The Reginter cert which (he jaw requires him to make ond Keep in bis Cfiice, ond rourch back. under the letier B, for geanteos of the If he Suds no conveysnece to ft. that so far as serpcots the Register’s duty vnter tho re- quisitien. ends the earoh, snd entities him to Vis fifty camite; he certifying that on the re. cords fa the offce B has no title, If he finds, on the contrary. conveyance to B. he then rearches in the pee commipraccors and moxtgagors. from the date of moh te time of search, aud certifies. se aonvesed oF tneumbered the ora aie he would have earned bir additions Sdout 9 o'clock, an affray took | i the non- rformance of which is made a misdemeanor, isto be- terpreted. If not strictly. at least not with latitadina- rian comprehensiveness "The interpretation above given, while ratisfying. as it appears to the words of the law. whether we take the Reviced Statutes, the act of 40, or the act of ’47, seems alto to be consonant with reasom Lerigacensrs If the applicant wishes =e avoid re requisitions. cessed for bimielf aoa ‘ith the infarietion i connection with o fects not there , aD. frame a requisition sufficiently pee ge Ee the whele case’ at once But. it is said, he ix not bound to submit to the double charge. And this brings up the question—oan tho Register charge for a search which the party makes himeclf? 1 think ke cannot. ,The law is positive (2B 3.050) thet > no fee shall be demanded for «ny ice unless actually rendered And in defining the rate of fees, the old fee- bill of 1830 (1 RS. 638 § 30 ) heads the section with the words “Fees of Clerks. &¢ . and of Deeds, for any of the services hereinafter specified;” enumerating: among such rervices, ‘searching the records *’ The act. too, of 1840. (§ 12) changing the rates. instead of the fees then allowed, gave ten cents “for each conveyance and incumbrance eertified by him.” And that was to bo, and now is, the compensation ‘for searching and certify- ing the title”—meaning. of course. for a servire rendered: by the Register. In 1547, the Legislature ehanged the office into cne with a fixed salary, to be paid out of the city treasury; at the same time ery it the Kogister’+ duty to pay into that depository “all the fees, perqulsites apd emolumints, which he was by law permitted or en-- titled to take, for all official rervices whatsoever, render- e@by him.” ‘If then, the Register new charge for fearching the records when done by the party himself, it will follow that he may charge fees without account. ing,on the plea that they are for a liberty granted, and not for an official service rendered by him—thus defeat- ing the whole policy of the act, which, in its own lan- guage was to provide a fixed salary, ‘ in lieu of all fees, &c.,, for hie compensation, for all services whatsoever. which be- may Perform ‘as such Register, or by virtue of his office.” ‘The Register says it is the practice of the offise to allow gentlemen of the bar to search the records, as prelimi- nary to a requisition, without charge. The applicant. however. is not bound, (even if allowable,) to accept the~ permirion as a favor. Nor has the Register, since 1847, any such dispensing power. If the office be entitled to fees where the citizen makes the search, the Register moust exact them for the bevefit of thecity. * Gentlemen of the bar,”’ in that re«poot, stand on the same footing ae apy other gentlemen, and persons making @ gcarch. as preliminary to e requisition, on the same footing as sea sons searching with a final or any other view LKithar the Repister is entitled to feos on searching the reeords by enother or he is not. If he is, he cannet waive them:- it he is not. exeroption is no privilege. The Regiater pute his claim to charge, in euch cases, on that-eection of the Revised Statutes which made it his duty to attach indexes to the records. aud which at the same time declared that such indexes. * together with such books should at ail proper times be open for the inspestion of apy person paying therefor the fees allowed by law.” 2°R. S 2&6 There is a teeming inconsietency be- tween this provision and others already cited. The fees allowed by law.fies already +) , are not for permitsion to inspect by the applicant, but for the service, to be rendered by the officer, in if. ‘* search- ing the records These cettaioly are not synonymous: ideas. Ifthe applicant makes the search, the service. as the law expresses it. is performed by him and not by the Register, ‘The Revised Statutes then step in. as already shown. and declare that no fee or compensation by law. shall be demanded or received by any officer or person for any fervice. unless such service was actually rendered. by him = ‘The law consequently allows no fee wherethe applicant does the service for himself and the right to in words to rearch the recerds, on paying: allowed by law, isa right te inspect or search on paying no fees at alt Were there any doubt, however, on thie point under the Revised Statues, as they steod in 1330. the subsequent acts, already referred to, pamed in 1340 and 1847. must be considered as entirely removing it. My oonelusion is, that the requidition in the presemt case was sufficiently specific; thata limited of Wigfall oply. would. dose be answer, covering the record ti! be a legal compliance with it. 'y made; and that if the applicant wishes the title of Wigfall’s grantors be must either direct » further search, or an examination himself. which he may do as a right, without charge. or amend hiv present requisition 40 as tc render it special aod comprehensive — to cover all points of inquiry within the range of the Regieter’s office - Hon Wm M. Senator from Cali- fornia, arrived in the city yesterday, from Concord, and stopped at the Metropolitan Hotel. on. Wilson McCandless, one of the democratic elec- tors from Pennsylvania, is aiso at the Metropolitan. Naval Intelli loop. of-war Port‘mouth Commander Dornia, war ut the 15th November from San Francisco for the Coast of Africa, touching at Monterey, Acapulco, and San te She had but lately returned from Guayaquil, where, by ber prerenec, rhe afforded protection to the pore residents during the late unsuccessfal Flores expedition. The frigate St. Lawrence sailed from Honolulu, om the 18th Octcber, for Hilo. Joreph Warrington, Req . 2 member of the Suffolk bar, died at Roxbury’ on the fth inst. Mr. Barrington wae- father of two clergymen, the Rev. Hemry F. Harrit of Lawrence, and Rev. Mr. Harrington. ef fan aso. Court Calendar—This Day. Surnrae Count —Million Trust case still on Conmox Prras.—Part First—Nos 549, 565, 567, 569, 671 ‘578. 677, 579 681. 588, 585. 687. 589, £91. 593 Pert Becond —Nor. 724, 726, 728, 780, 752, 784, 786, 738, 740, 742, 744, 746.748, 750.762, Surrnion Count —(Two branches)—Nos, 606, 143, 604, £95. 508, 358. 479, 648. 143, 15, 212, 228, 414, 572, 116, 177. 486. 534. 122. 402, 23. 10. 611. 631, 61134, 637, 655, 656, 657 659, 661, 662, 663, 667, €68, 669, 670, 671, 672, 673, 674. O75. Root’s Crayon Doguerreotypes. Nothing the aun o'er ehed « ray on Can match ROOT'S pictures done in crayon, Each is a gom te gaze all dey on— A theme for poesy to play on. Yout}, with enthusinew, cri “What beaut rat White tremtl! To scan theas new daguerreotypes, RCOUS Daguerrean Gallery, 363 Broadway. The Talisman .—PI goers must remember how often the hero of tho piece finds all his fat dependant "pea the portrait of his mother, eister, or, Perhaps. hiaeelf, which he bas clung to through every vicissionde. should we doubt that such events transpire in real lite? If such s ricture were from the ha-ds of ROOT, 363 Broad~ way, the likeness would be go perfect that mistake would bo impossible. Painter: d@'Decorators.—The Di- Assecistion for the Exhibition of the Industr: of all Nations invite designs and proposals for glazing, wit! ornamental painted gla fantigh of the building ‘Thes with f twenty feat. requested to aosomp of work in which they te th d to E. C. Detmold, Evgineor, hore fl! drawings of the window: WM. WHETTEN, Seoretary. Association for the Exhibition of the In- hibition radi a office No. 53 Beondway.—New Yor! Deo. f, 1852. —" holders of this assoc! . by not of twonty per cent on the ca: sta’mont thereof, has been ordered and thoy are required to pay: ot before the I7thinst. By order, WM, WHETTEN, Secretary, A la Ville de ParisePresents for the holidayr.—The ladies axe rorveotfully invited to call and examine our stock of French fancy coo Lutin's po Al lain ware, Jewelry, other rich goods, ju hibited en Tuteday jor did sto the samo, at this office, variety of will be ox er, Ab or new SZULAVSKY & Co., No. 203 Brond~ Worth Knowing=Th ble olothing oan at all times b establishment of H.L. FOS' Ae a gentlemon are invited to call and sclect any art! suitable to their waute, at very low prises. Have; you scen my Genteel Ovarcoats t= Pricos from $14 to $20; fime Fronch cloth drees or freok: coats, $16 b> withing to fine dence, will ol Knox —Kuox’s Hats ae only equalled tn: beauty ond popularity by i did dinvlay of winter furs now opened at his ato ho are versed in ti pefy, and deep read in m for-niture, can entisty t and cheapress by call winter style of hate h solves. y their stone n street. Ladies’ Shoe Hstabiishment.—The Great- sorry you did it; of a Thousand Flowers. jl remove impies, hotchos Wo., and all other eruptions nly 60'cen.te a bottle, For sale at the Irving 71 Chamtere stre; Holr Dye.—Bachelor’s Cglebrated Liquid air Dye is ihe beat yet éiscovared for coloring the hair or whirkors the momen tit is anpliod. “The wondsrtat certainty with which thir feverite ab dye performs f the skin. Book Store, TDoupees...Batchelor’s Kew Style onneed the moet perfect ton of om citings Wry 80 EN pelebeated w