The New York Herald Newspaper, January 17, 1853, Page 3

“THE SYRACUSE MILITARY CONVENTION. By our Special Reporter. Syracuam, N. Y¥., Jan, 11, 1853. The Military Convention, convened for the purpose of Organizing the militia of the State of New York ona better and more effective plan, met on Tuesday, at Syra- cuse, at the City Hall. Delegates from all parts of the State were present, and all took a deep interest in the proceedings. At half-past eleven o'clock A. M., the Convention was called to order by Coloncl Lansing, of Syracuse, who moved that General Swan, of Rochester, should take the chair; which motion was unanimously adopted. General Swan then took the chair, and said that he ap- preciated the honor which they so generously conferred upon him. They were met, he said, to discuss an im- portant, though hitherto neglected subject by govern- ment—to improve the system of our militia, which is the sword of our country, and, also, at the bottom of all law and order. The importance of such a service may not be fully appreciated by some; but he felt assured that those who were present that day considered themselves highly honored at being the representatives of their respective brigades or regiments. ‘The occasion was one of deep interest to them, and one that involved the most important consequences to the country. Be- lieving the convention to be called for the purpose of elevating the condition of the New York State Militia, he would, as Chairman on the occasion, perform his duty to the best of his ability. General Dunham, of Troy, and Colonel Peers, of New York, were chosen vice chairmen. Colonel Griffith, of Buffalo, Colonel Saxe, of Orleans, and Colonel Lansing, \ Were appointed secretaries. The Ceara then suid it was the custom of their re- volutionary forefathers to open their conventions with prayer, and therefore took the responsibility of proposing that their chaplain, Byron Sunderland, should open the convention with prayer. ByRon SUNDERLAND, the Chaplain, then deliyered up an eloquent prayer. Colonel Woop, of Genesee, moved that the members of the convention should form themselves into an associa- tion, and that a committee of seven be appointed to draft by-laws and frame the constitution. ‘The motion was unanimously adopted, and the following persons were chosen by the Chairman as that comm’ of Genesee; Col. Wainwright, of Rhinebeck; of Troy; Major Gold Lee, of Saratoga Springs; Geveral Blanchard, Brigadier Col. Fullerton, Lansing, of Syracuse. Colonel McALrixe moved that a committee of five on oredentials be appointed. ‘This motion was adopted, and the following persons were chosen by the Chairman as the committec:—Col. McAlpine, Col. McArdle, Col. Avery, Lieut. Col. Richard- son, and Major Bisburn. On motion, the conyention then adjourned until two o'clock that afternoon, when business was resumed. AFTERNOON SESSION. ‘The Convention met at half-past two o'clock, pursnant to adjournment. The attendance was considerably in- ereased, a great many having arrived in the trains from different parts of the State. The Chairman took his seat, and announced that the committee on credentials were ready to report, which would be simply to call the names of the commissioned officers, who were to answer to their names accordingly, and testify that they were commissioned officers in the militia of the State of New York. ‘The committee then proceeded to call all the names, and several whose names wee not down on the list came up and enrolled themselyes inembers of the ass tion. The Caarrmay then said that the officers present were only one-half of the members of the association. Busi- ness had prevented a large number from being there who would have otherwise attended. General Fuiterton wanted to know if all the divisions of the State were represented. —- CaarMaN—The only way to prove that is for the Sec- retary to read off the divisions, and let those officers who belong to them stand up. The Secretary then read the names of each division separately, and the following was the result:— Division Division, Brigadier and Col. ere are one hundred and twel ‘ belonging to the association at present; so you see there is not much more than one-half of them present. Colonel Woon then reported from the committee on the ‘by-laws and constitution. The report was referred to the committee of the whole for discussion, with instructions, to have it printed. Colonel , of New York, requested that a portion of the by-laws, such as referred to the election of officers, should be brought up for adoption, and to let the remain- ing portion of the report lay over until the next day, so as to pass their opinions judiciously. Colonel Ricuarpson then moved to adjourn. General Fviterton said he would be glad if the chair- man would inform him what the objects of the associa- tion were, and what difference there would be in its prin- _— and those of the militia law at present. , ,, the W said he was unable to answer his ques- tion any further than the eause of the convention being called. The convention was not called to improve the militia law; and if they intended to do that, he would ad- vise them, as their chairman, to take up quarters for the winter. (Laughtor.) Colonel Tyist said that he thought the convention was galled for something more than a mere organization. They would not have time to stay there after they had been organized, and if they continued without doing any- thing, in that manner, it would be, to all appearance, a Jong time before their body coukl be formed. Colonel Scroccs said that he came there with the im- pression that he would hear some changes offered in re- gard to the militia law, and supposed that there would be a great many there to discuss and offer resolutions on the subject.for else he would not have come unprepared to speak, as he had done. One of the important features connected with the militia law, which he protested against, was the inferior kind of ‘muskets that were in use among the inilitia of this State. The commutation money, whi the subject of general complaint, is by | far the most important change that could be made in the militia law. Captain Bestar, of (Troy) said it struck him that the ‘best course for them to pursue was to have the by-laws and constitution printed, and in the meantime the con- vention should go on and discuss the merits of the report of that committee. General FuitErton hoped that they would then Rone to discuss the report. It was necessary to see it all print- ed before they could judge of it rightly. It was best to see the entire m before them, when ey could act p accordingly. fie, therefore, was opposed to the adoption ‘of any part of it until it was all printed. Captain Bunrvaut moved the Secretary should be directed to have two hundred copies of the report print- ed. This motion was adopted, and the Secretary was in- )_ formed of the matter. Colonel RicHaRpson then moved to adjourn. General Bentizy said that they were a committee of the whole, andas such, he would like to know if they were to adjourn as a convention or as a commi General FULLERTON said that General Bentley’s remarks were out of order, and that Colonel Richardson’s motion to adjourn was in order. Cuamwax—I did not hear of any motion to that effect. Colonel Rictarpsox—Well, hear me now. I move that we now adjourn until 10 o'clock to-morrow morning. ‘This motion was lost. He then madea motion that they should adjourn until 9 o'clock, which was adopted. the next morning. SECOND DAY. The convention met at the hour appointed, pursi antto adjournment. The attendance was increased to some extent, owing to the further arrival of several delegates from different parts of the State. The convention was called to order by the Presi- dent at 9 o'clock, A. M. Col. Scroces said there was some difference of opinion among the papers of that town as regards the name of their body. Some of the newspapers call them an association. He did not see how in any way he belonged to it as such; he belonged to it as a con- vention only. The formation of an association was ‘one of the objects of the convention; but there were other ones more important than that. There had been a resolution offered the day before which ex- eluded all those who were not members of the associ- ation from taking any part in the proceedings. He did not like to see so much selfishness; ay, were not et formed into an association, but were at present a convention, to which he would offer some resolutions in due time. The Cuairman said, if the speaker would allow him, he would read the circular which called them together, and he would then perhaps be informed on the matter. He then read the circular, which he said had been issued for the purpose of forming a military association, not yet formed. The opinion of the chair was, in a few words, that it was a convention until the adoption of the by-laws am constitution. Col. Scroges found, by his experience, that the t aim of the militia could not be attained under the present law. As a general rule, the officers of the militia have abundance of energy and impra- dence; but the men they wanted were those who were able to carry muskets, and to do their duty; the great difficulty has been that men will enlist in corps where the officers promise them pay. After the men rform their duty, and demand their recompense, hey are refused, and they do not receive their poy. The present system has created a great deal of dissatisfaction among the men. ‘hey had never been able to distribute to the troops more than one day’s pay for their loss of time for several weeks, and the consequence was that the men are discharged who will not perform duty without pay. The troops say, if asked to enlist in any regiment, that they would not receive what money would re- compense them for their duty. i General Funtenron would like to know if there was any resolution before the convention, sud if the gentleman was in order. The Cuamman wished everything to he in order that day, as they had to transnet a great deal of im- portant business, Colonel ScroGas said that his object was to offer a few preliminary remarks previons to his offering the resolutions, but he would not detain them any longer. He then offered 9 series of resolutions. Yoror—1 would like to know if that resolution nny. sco Kind a9 to perhaps ‘The Convention then adjourned until 9 o'clock A. M., | no matter how small—even pom WOT ceed $5 perannum. If they should not like to per- form so much duty, their pay should be decreased in proportion. The islature should fix a certain number of days for doing duty, or else some men would continne doing duty everlastingly, and would make large sums of money by the 0; ‘ion, Colonel McALrinz moved that resolutions of Colonel Scroggs be laid on the table, and that the report of the Committee on the By-Laws and Consti- tution, who were ready to report, be taken op: This motion was lost, and the Chair decided that Col. Scroggs’ resolutions were in order. Gen "Wonnovans would like to hear the resolu- tions read again, which request was granted by Col. Scroggs. Gen. Burnovons then rose, and said that he did not like to occupy the time of the convention, and would, therefore, detain them but for a few moments, The most important change that could be effected in the system of their militia, would be to render it stable. Ever since Governor Seward came into office there has been no stability in the militia law. In some parts of the State the commutation fee worked well, but in other portions it did not. Sup- pong that, in two-thirds of the State, they should ind a well organized body of militia, would it be right to disturb them? Certainly not. It is good and proper the commutation tax be sustained. The officers of the different regiments meet annually, and compute what amount would be necessary to defray | the expenses. In those localities where there are good | systems, they could not suffer. He offered these sug- gestions, because that convention was an important one. They should be aware, if they passed any tax for sustaining the militia, the people perhaps would not agree to it. He moved that the resolutions of Col. Seroggs be referred to a committee on resolu- tions, that committee to consist of one from each division, and that they report after recess. Col. Scroggs said he would second his motion, if his demands were reasonable, in any shape. He has not had any opportunity to explain his ideas to the conyention. ‘The CuatrMman said he conld have as much time ashe pleased. (Ap Tea Col. Scroacs made no allusion to the chair what- ever. He proposed that a committee be appointed to present a memorial to the Legislature. Jol. VANDENBERGIt expressed himself very sorry | that the convention would not listen tothe remarks of | Col. Scroggs while offering his resolutions. He | thought that they had a right to hear him, and that it was for that purpose the convention was called. Col. Szewaxp wished Col. Scroggs to read his reso- ‘utions again. He did not think that the convention had any right to refer the finance portion of them. If they should refer any portion of them, they should refer the whole, Gen. Ranpatt had no objections to a reference of the resolutions to a committee; but it seemed to him that they could more easily dispose of that matter at anothertime. He thought it would be a better plan to substitute the memorial instead of the resolutions. If they referred them to a committee, it would occupy too much time. By the next day many of the mem- bers would have returned to their homes, and then they would not accomplish what they came there for. He agreed with Col. Tog ing the troops a fixed sum for their labor, 3 in pay No matter how small the amount was, it would be very satisfactory to them. In farming districts the troops were paid, but in the large cities they were not. It was very plain that there was a large amount of money distributed among the troops of the farming districts, where nowork of any consequence is done, and that in the cities, where work is really done, they do not receive any compen- sation whatever. They did not need a general revi- sion of the militia law, for in some districts it was as good as could be. The most important object which | they could attain would be to establish the militia on a proper and firm basis; and if they coutd do that, it would be one of the most important objects that had ever been effected. This convention will have a tremen- dous effect on the Legislature, who will look upon its pepeceaings with the greatest interest. He moved that the resoluti¢ns be attended to by the convention itself, and notbe referred to the committee. General FuLLERTON said he regarded the aboli- tion of the per capita tax as a great injury to the militia. It would impose a heavy burthen on those who ought to be exonerated. ‘he per capita tax, || well carried out, would yield about $150,000 yearly. The Legislature would not appropriate one-half of that sum, if petitioned. When the schools and col- leges cannot get appropriations, surely the militia will not receive any. Those men who have dis- charged other duty should be exonerated from all duty; therefore, iff the tax is abolished, the militia will become extinct. It is said that the property of. the State does not support this tax. Is it not right | the control of officers who for those who bave not discharged their duty, in any way, to pay the small sum of seventy-five cents year to exonerate them from it? By the constitution of the United States, the Legislature could not appro- pete any sum unless for some important and speci- fied purpose; therefore, they need not look for sup- Hee from that quarter, if the per capita tax is abo- ished. If they could draw large sums of money from the treasury, they could, no doubt, have a very fine military force. Major-General Ranpaut rose for the purpose of moving that Colonel Van Vechten be allowed to make a few remarks, CHamman—The motion is out of order. . The one in order is the reference of the resolution to the com- mittee. The objections, however, were waived. ~ Colonel Van Vecuren then rose and said, that | although he did not belong to the association, he felt a deep interest in the proceedings. He then went on to say that it was utterly impossible for them to obtain an appropriation. — Even if our Legislature , was so benign as to grant it to them, the one next ear would, in all probability, refuse it. Thus it was | jopeles to expect any help from that body. The per capita tax, well enforced, would not only have the desired effect, but a complete enrollment of the militia would follow. If the prison debt law was in | force they could easily get along. The rich man, under the present law, who is the owner of $500,000, pays the paltry sum of fifty cents only to get clear of military duty, while the poor man, who has not a shirt to his back, is compelled to pay aa large a sum. General Funnerton hegged leave to differ with the above gentleman, The poor man, as Dr. Frank- lin said, is worth, if he is able-bodied, about $1,000. (Laughter.) The rich man builds the hospitals, opens the schools, and, in time of war, loses severely, when the poor man does not. Colonel VAN VecutEN—The great difficulty is, that the people at large do not know what the militia ix, He did not blame them, for at present it would take a good lawyer to find out what the militia are. It was a question of long debate at the Legislature, at Albany, last winter, as to whether the Governor had a right to consolidate regiments or not. So, it is very difficult for the masses of the people to know much about the militia oftheir State. If the per capita tax is only gathered, there would be funds sufficient to defray all the expenses, The question on referring the resolutions of Col. Scroggs to the committee appointed for that purpose, was ue? faken up and carried. The followiug gen- tlemen were fhenappointed by the chairman as that committee :—Geietal Randall, Colonei Willard, ee General Blanchard, General Burnside, Colonei ‘Tyler, and General Fullerton. re, ‘Colonel Sewarp then offered a resolution that a committee of members of the convention be ap- jointed to co-operate with the Military Committee of The Legislature, and that their expenses be paid out of the treasury of the association. This resolution was referred to the Committee on Resolutions. General FuLLerton then offered a resolution, which was referred to the committee, im whose re- port it will be found embodied. Colonel Vax Vecuén said he thought that Gen. Fullerton’s resolution was the best way of doing the business. He then offered a resolution, which was also referred to the committee. Colonel VaxprnsuxGu moved that Colonel Van Vechten be admitted a member of the association, which was carried. The question on the adoption of the report of the Committee of the Whole, on the bye-laws and con- stitution, was then brought up and debated upon a great length. On motion, it was Resolved, That on account of the heavy press of business, the speaker's time should be limited to five minutes. General Burrovens said, as @ committee.of the whole, they could not adopt any such resolution. It was ‘only a matter of pple fl The Chairman should decide whether the adoption of such a resolu- tion was strictly parliamentary or not. The CHAmMAN said that as a committee of the whole, they could not adopt any such motion. Colonel Vannensrren then rose, and said that they had met there for the purpose of improving the militia law, as it stands at present. They were taking a great step, and one of great consequence ; a step that would last not for a moment, but for a great length of time. They should consider whether the Convention would not engender feelings in the State | that would be injurious tothem, The history of New York does not afford an example of such an associa- tion. He had not considered the subject, and that was the reason he came there to hear the opinions of others on that question. The first article of the constitution was then adopt- ed without any debate or amendment. ‘The second article, which related to supernumerary officers, was the subject of general debate. . Colonel VANDENBURGH protested against the ad- mittance of any supernumeraries, unless the whole of them were admitted, and believed that the whole of them ought to be admitted. The constitution says that all those who did not avail themselves of the law of 1847, could not be members; but there were great many who did not hear of that lnw, and con- scquently did not avail themeelves of that opportu nity. ptain Wainwrtenr said that if the superna: wries took any interest in th ite of the militia, would not have neglected the opportunity Colonel Besse appr of Captain Wainy | solve themselves into an association. remarks. Major Ricnagvsos sald, 1 they admitted alt the | were concerned. superannuated officers, in a very ahort time the asso- ciation would be entirely controlled by that body of men. Colonel Ty1xu said he had no such fears, and did not believe it. They would Pe it, not to make money but for the interest of fhe militia. Col. Soxoces maintained that the supernumeries would only encumber the association. A great man: of them had not been in service for many years, and had no right to belong to it. They were the active militia of the State, and ought not to be subject to no active duty. When they were in commission, they seldom paid any at- tention whatever to the discipline of the troops. Gen. Buspen would wish, if Gen. Swan and Major Lee would relate to the convention what kind of dis- cipline they saw at Lundy's Lane. Gen. Sway declined to give any information on that subject. Colonel Sewarp said that they have not yet felt the preponderance of fepecnmsrios. Major Lex said that they came there for the pur- pose of adopting by-laws and resolutions, and what did they want of those supernumeries who were op- posed to all discipline. They wanted young, active, and hard working men. He then went on to say that all oe who wore epaulettes were not the men who should compose the members of the association. There were privates in his regiment, who were equal with him in all respects excepting the rank. These men had served seven years, and were well deserving a seat in that convention. Col. Wit arp moyed an amendment to the second article in reference to the supernumeries, which did not ey exclude them from the association, but deprived them of any vote, and that they should be elected, which gave them the title of honorary mem- Ts. Gen. Burrovaus moved that the third article of the constitution should be altered so that the officers should be a President, four Vice Presidents, two Se- cretaries, and a Treasurer; and that those officers should constitute a council of administration, and that no two of the officers should belong to any one di sion in the State. Gen. Swan opposed that motion, on the ground that there would be too great a distance between the officers, if they wished to meet often. Gen. Burroveus said that the railroads complete- y severed time, and hoped he would not oppose it on those grounds. The question on the adoption of Gen. Busben’s re- solution was taken up and adopted. The committee of the whole then rose and_ re) ed progress; after which they adjourned until past two o'clock, P. M. EVENING SESSION. The Convention met at half past 2 o’clock—the hour appointed. On motion, the Convention went into commit- tee of the whole, for the purpose of considering the by-laws and constitution. Ona motion of Col. Ric arvsoy,three officers were added to the number of thirty, in order to form a quorum. On the question of aw No. 1, that every mem- ber should, while the Convention was sitting, wear the State uniform, there were several amendments of- fered, and it was Lae amended by reading, unless he have good reason therefor. The committee of the whole then reported, and the report was adopted. The committee on resolutions then reported, and eters | few moments deliberation, the report was adopted:— Whereas, The militia laws of the State of New York, as they exist at present, are difficult of construction, in con- seqence of their number, and great differences of opinion arise as to what portions have or have not been repealed, therefore Resolved, That the Legislature be most respectfully re- quested to pass @ joint resolution authorizing the Gover- nor to appoint two commissioners, whoxe duty it shall be, in connection with the Adjutant General, to codify, amend. and alter the militia laws of the State, except the’ act re- lative to the First Division, so as to embody them in one act, properly divided and’ sub-divided into appropriate chapters and sections, so that the same may be easily construed and understood; and that such commissioners be restricted in their amendmenta merely to the details, and not to the general principles of the present law. Resolved, That the Legislature be respectfully requested to"pass such joint resolution as soon as practicable, to enable such commissioners to submit. thele report, and have the same acted upon during the present session. Resolved, That the secretaries of this convention cause a copy of this preamble and resolutions to be transmitted to each of our Senators and members of Assembly. Resolved, That in the opinion of the convention, the amendments to the utilitia law, as contained in the bill which passed the Assembly, at the session of 1861, with great unanimity, are right and proper, and coincide with the views of all connected with the militia of the State. Resolved, That as citizen soldiers, set apart to the dis- charge of duties under the law, we wish to emulate the honor conferred by a faithful discharge of our duties as Officers, and deportment as citizens; and whilst, from the experience of the past year, we find encouragement to hope for a more perfect organization of the militia of this State, looking to the people for their countenance and support, and to the honorable the Legislature for the en- aciment of such laws as, in their united wisdom, they may deem expedient for the support and maintenance of our State militia, until the Empire State boast of its reliable citizen troops, competent and relialsle for the maintenance of law and order at home, as well as to pun- ish insult from abroad. Colonel Laxstx@ moved that they shonld then re- This motion rt- alf- was of course carried. A vote of thanks was then tendered to the officers who presided on the occasion. The Convention then organized themselves into an association, and the election of officers took place, which resulted as follows:—President, General Swan; Vice Presidents, Generals Randall, Spicer, Dunham and Bently; Treasurer, Colonel Lansing; Secretaries, General Duryea and Captain Chapin. On motion, the Convention then adjourned, to hold their next annual meeting at Albany, on the second Tuesday in January next. merican Genius. List or Parents issued from the United States Patent Office for the week ending January 11, 1853, and bearing date January 11, 1853. Thomas Baylis and Daniel Williams, of Tecumseh, Michigan—For improvement in rakes to harvesters. Nathan Chapin, of New York, N. Y.—For im- provement in lathes for turning interior and exterior surfaces. Moses G. Farmer, of Salem, Mass.—For improve- ment in porous cells for galvanic batteries. Pinckney Frost, of Springtield, Vt.—For improve- ment in Gh eee bela Ammi M. George, of Nashau, N. H.—For improve- ment in mode of operating circular saws. 4 John L. Gilliland, of Brooklyn, N. Y.—For im- provement in bees al al glass. Peter P. R. Hayden, of New York, N. ¥—For improvement in buckles. F ‘ Silas A. Hedges, of Lancaster, Ohio—For im- provement in manure spreaders. - Wm. Mann, of Philadelphia, Pa.—For improve- ment in manufacturing copying paper. Dated Jan. 11, 1853. Ante-dated July 1, 1852. Andrew Mayer, of Philadelphia, Pa—For improve- ment in screw cutting dies, Richard Montgomery, of New York, N. ¥Y.—For improved method of connecting the sheets of shut- flue and water-space steam-boilers. Dan. Pease, Jr., of Floyd, N. Y—For improvement in smut machin Disrressina Scrorbe 1x Pri.apeLPnta.—About 3 o'clock yesterday afternoon, Mr. Benjamin Benjamins, residing in Louisa avenue, running north from Union street, above Front, committed suicide by. as himself. The deceased was 28 years of age. On Wednesday afternoon of this week he was married jn the city of New York, toa young lady, aged 18 years, named Deborah Marks. The bridal party came on to this city the same ing, and im- mediately went to the house of Mr. Benjamins, which had been handsomely furnished, preparatory to their going to housekeeping. When the newly married pair entered their intended future residence, it is stated, two ladies, intimate friends of the deceased were at the door to receive them, and the manner of Mrs. Benjamins appeared to them exceedingly strange and uncalled for. During Thursday her conduct was similar to the previous bak and they were in- duced to believe she was slightly affected with insanity. Yesterday morning the eased was at the store of Messrs. Hunt & Isaacs, No. 184 Market street, where he has been for some time employed a3 salesman, in his usual health. The suicide was first discovered by Mr. Hunt, who called at the house and inquired for Mr. Benjamins. He was answered by the wife that her husband had either gone out or was up stairs, He then went in search of him, and found him hanging by the neck on the stairway, near the third story door, dead. The distressing intelligence was given to some of the neighbors, who cut him down. Mrs. Benjaminswas not Them: of the death of her husband until her removal trom the premises. At the time Mr. Hunt made the inquiry, she was sit- ting beside a trunk, containing her fine clothing and jewelry, decorating her person. Soon after the sad event occurred, her sister, residing in the same avenue, was informed of the bereavement, and in the after- noon train conveyed the young bride back to New York. The whole affair is strange. The circum- stances of the wife not being in the right state of mind, and her demeanor since the unfortunate mar- riage, are supposed to be the immediate causes of the rash act. It is also said, that only three months elapsed between the time the parties were first in- troduced to cach other, and the day of thewedding. The Coroner was summoned to hold an inquest upon the body —Philadelphia Ledger, Jan. 16. Riot any Merper.—A fight took place at Frenchtown, Hunterdon county, on Monday last, in which a number of laborers on the Belvidere railroad A constable from Milford went next day to arrest the captain of a gang of laborers, who was concerned, but his men commenced an as- sault upon the officer, who first fired @ revolver over their heads and then into the crowd, killing the man against whom he had the warrant, and wounding others, The officers was finally beaten severel, thrown sc veral times into the Delaware, from wh he was reseued from the Ponnsytvan side; but 60 injured that he shortly after. my aM Se ‘The Broadway Railroad Case. SUPERIOR COURT—GENERAL TERM. The Hon, Judges Duer, Campbell, Bosworth and Emmet, presiding. Jay. 15.—Thomas E. Davis and Courtlandt Palmer, vs. The Mayor, Aldermen and Commonalty of the City of New York.—The argument in this case was commenced to-day. It was to show cause why an injunction, issued against the defendants, should not be made per- petual. The injunction restrained them from grant- ing to, or in any manner authorizing Jacob Sharp and others, or their associates, or any other per- son or persons whomsoever, the right, liberty er privilego of laying a double or any track for a railroad in the street knownas Broadway, in said city of New York, from the South ferry to Fifty-seventh street, or any railroad whatsoever in said Broadway, and from breaking or removing the pavement in said street, or in any other manner obstructing said street preparatory to or for the purpose of laying or establishing any railroad therein, until the further order of this Court in the pre- wises. It is all that subsequent to the service of this in- junetion, the defendants passed resolutions granting the privilege of laying a railroad in Broadway ; and an order was then issued for them to show cause why an attach- ment should not be issued against them for contempt of Court in disobeying the injunction issued and serv each of them in this action, The array of counsel on each side is the greatest we have seen for some time, and includes some of the most profound lawyers of the New York bar. The plaintiifs are represented by ex-Chief Justice Bron- son, Messrs. George Wood, John Van Buren, J. W. Gerard, Henry Hilton, Jas. R. Whiting, and Wm. McMurray. For the defendants, Messrs. R. J. Dillon, Corporation Counsel, ex-Chief Justice Jonca, Hon. F. B, Cutting, D. D. Field, and Edward Sandford. ‘The case was opened by Mr. Van Buren, counsel for the plaintiffs, who read the complaint. Mr. Field, in opposition to that, offered the affidavits of all the grantees. Mr. Van Buren then submitted the following points to the Court, on behalf of the plaintiffs, and cited ya- rious authorities in support of his case:— 1.—The Court had jurisdiction over the parties, and over the subject matter of the complaint, and haying ju- risdiction, the question whether the order for an injune- tion was made upon proper and sufficiont grounds does not arise upon this motion. (1) The Court has jurisdiction over corporations as well as over natural persons. 2) The plaintiffs complained that an injury was about to be done to their legal rights by a wrongful act of de- fendants, and prayed that defendants might be restrained from doing the act. Nothing further was necessary to give jurisdiction; and it was then for the Court to judge and decide, whether a proper case was made for granting the relief’ which the plaintifia asked. And whena court has jurisdiction, its judgment or order is never void, however erroneous it may bo. (8) The resolution which the Common Council was about to pass, was, in no proper sense of the term, anact of legislation. It was not a law, but a contract. It was what the Common Council itself called a grant. But if it was material to consider whether it was a law or grant, that was a question upon which the Court was to judge ; and if iterrod in judgment, still its order was . valid until it should bo reversed or vacated. (4) Ifthe resolution which the Common Council was about to pass may properly be regarded as an act of le- gislation, it was stilla question for the Court to decide whether relief might not be granted against an injury at- tempted to be done in that form ; and whether tho judg- ment was right or wrong, it was not void. (5) We shall contend, at the proper time, that there is no color for the protence set up by the Common Council, that the power to make by-laws and ordinances for the government of the Corporation and inhabitants of the city stands on the same footing as “ the legislation of the State, or that of Congress; and that in such matters they are above and beyond the reach of the iudiciary. fe shall maintain that the Common Council may be controlled when it is about to do an injury to third per- sons, although the wrongful act may take the form of a Vpeig or ordinance. And clearly this is so when the thing which the Common Council proposes to do, though in the form of a law, is in truth a grant of the property or privileges of the city. jut it is enough for the present to say, that whether it ‘was proper to enjoin the corporation in this case was a question for the Court to decide, and whether its judg- ment was right or wrong, it was valid until reversod or annulled. 2.—So long as an injunction remains in force, it must be obeyed, although it may have been erroneously or even irregularly tssued. 3.—The injunction to restrain the making of the grant was properly addressed to the Corporation : and when served, the order was operative upon every branch and official member of the corporate body, 4.—There was a breach of the injunction by every member of the Corporation who, after the service of the order, voted to make the grant. Every such member acted in direct contempt of the au- thority of the Court, and. the commandment of the law. 5.—When any one acts in an official character in disre- garding an injunction, or order of the Court, it is not the Fraser but the individual, who is punished for the con- empt. 6.—This is the most aggravated case of contemning the Court and its process that has happened in modern times; and if it ix not followed by an exemplary punishment. it will be impossible to maintain the administration ef jus- tice in future. Ex-Chief Justice Bronson said—-We have carefully abstained, in this matter, following the direction of the Court, from discussing the merits of this question, and therefore we do not pda that they come necessarily into the consideration of the contempt. In one aspect, however, they do, and that is, whether the Common Council have the jurisdiction to grant a monopoly; and I will apprise the counsel what I shall endeavor to enforce in reply, which is this : That a case was made for the Court to judge upon several matters—to judge whether it was fit and proper to interfere by injunction, and that their judg- ment is valid. There is one point in the case not mentioned, which is the question of adjournment made by them, and that by the irregularity of such adie of the Board they therefore could not act upon it. The Judge was to judge of that matter, whether we were right or wrong, and whether this Board could come together as a legal assembly, and say whether they could grant exclusive privileges ; because all these by-laws are questions, whether they are reasonable or not. It was for the Judge granting this injunction to judge of these matters, and say whether it was a legal act of legislation upon the case presented to him. Mr. D. D. Field, who appeared for Alderman Stur- tevant, submitted to the Court the following propo- sitions :—Ist, That the injunction, whatever might be its construction, and whether the Court had juris- diction or not, to ent it, was inoperative as against the members of the Common Council, because they were not parties to the action. 2d, That it was like- wise inoperative as to the members of the Common Council, becaue they were not served with the af- fidavits upon which the injunction was granted, which was a necessary in, ient in making them uilty of contempt in violating it. 3d, That if the injanction be inoperative as to the individual mem- bers of the Common Council, it did not, in terms, or by fair construction, prohibit them from voting upon the i ip 4th, That if from its terms it did rohibit them from voting upon that question, it was beyond the jurisdiction of the Court, and was void. Inreference to the first point, this preliminary and temporary provisional injunction could never go be- yond the final injunction granted by the judgment; and it was a fundamental rule, that the judgment of the Court could never go beyond the parties to the suit. These persons are not parties to the action, and therefore cannot be affected by it. In 11 Page, 24l. vs a case in enn See was issued against 4 Party 49 & suit, for not producing papers in went Pot icy Lord Chancellor laid it down, that he could not be attached, inasmuch as he was not a party ,| to the suit. Mr. Van Buren—Was he not an agent? Mr. Field—Whether he be agent, solicitor or not, nobody can be affected except he be nominated a party to the action; and there has never been a case fn a court of equity in which an injunction has been enforced against a person not a party under any cir- cumstances whatever. The strongest case in tavor of this argument was in Cooper's Chancery Cases, 77 Agar vs. the Regent's Canal Company. ‘In respect to the second proposition, that this injunction is in- operative because it was not accompanied by the at Adayit on which it was granted, the law is most ex plicit. The old notion used to be, that if a party were in court,and heard the order made, he would be in contempt.if he violated that injunction, even if it were not served upon him; but now it must be served upon him, together with the affidavit upon which it was granted, that he may know the grounds of de fence himself. Mr. O'Conor—How could he possibly understand the injunction in this case without it” Mr. Field—That is provided for by sec. 220 of the Code, and in this particular case it is more remarka- ble because the injunction refers expressly to the complaint. It cannot be understood without it. Itap- peurs by the papers that the offidavit was only served upon the Mayor, and not one of the Assistants were served with it. If it were necessary to serve them all with the injunction, it was necessary to serve with it the affidavit upon which it was granted; and without it ‘they were at liberty to disregard it, and were not guilty of contempt. The learned counsel quoted section 220, which ordered that a copy of the affidavit must be served with the injunction. Now, as to the point whether that injunction prohibits the Common Council from voting upon that question when it comes before the Board. This resolution is before the Board ; it is re- turned by the Mayor, and the Board are bound to act upon it. ° It is called up, and do my learned friends upon the other side mean to contend that when that question ix called up, Alderman Sturtevant shall stand still and say neither yea nor nay? If he is to answer at all, when his name is called, he is to vote in accordance with the dictates of his own judgment, and not according to the dictates of the court. You cannot compel him to yote against his con- science, and you cannot compel him to remain silent. ‘That is not the intent of this injunction. It does not, hy a fair construction of its terms, mean anything more than that they should not go on and complete the grant; and that you should attach Mr. Sturtevant for voting npon the question when his name is called, secms to me ¢ nl the terms of this injunction, nm injonction a ease supposir ion of a grant by dec nd seal a deed, and keep it in his pocket, and until it is delivered it is no ex- tien? 1 poss to the fourth point, that | go and tear down the telegraph posts, and plead that the court has no power to enjoin the Common ing or passing that resolution. In the first place, you have no jurisdiction, be- cause the Common Council were compelled, under the law of the State, the same law under which you sit, to go on and act upon that resolution, for they could not evade it and were bound to answer when their names were called. This is pro- vided in the charter of the city of 1830, section 12. You cannot prevent their reconsideration, becanse they are bound by their oaths and by the laW of the land to do it, and no court has any jurisdiction to stop it. You may as well grant an injunction against the Mayor for vetoing the measure. Suppose this resolution passed the Board of Aldermen, and goes into the Board of Assistants, shall a member of that Board fog bee he is not permitted to consider that question because there is an injunction against him, and that he shall not lift up his voice if the President calls up the resolution? I do not see how it is pos- sible that you can eupeln. a reconsideration of that vote, unless you justify the members from being utterly silent.” If the person for whom I appear had been bought for $100,000, you cannot, enjoin him from saying yes or no; for the law of the land has provided no such remedy. ‘There is another remedy, palpably plain and adequate; and you can- not enjoin a member of a judicial body from voting on an allegation that he is corrupt, for the law does not allow any such grounds for interfering with the action of independent bodies. I say, therefore, upon this branch of the case, that it was the duty of the members of the Common Coun- cil to vote upon this question. It was the duty of Alderman Sturtevant to vote upon the night that he did; he could not evade that duty, in accordance with his obligation to the law and his oath; andif it were his duty to vote, he had just as much right to yote ‘yes’ as “no,” unless you hold that your in- junction, granted ex parte, can compel a man to vote, | not according to the dictates of his own judgment, but according to yours. But, suppose ‘it should be held that it was not the duty of the Com- mon Council to vote upon this resolution, T say they had aright to do so, and it is a matter in thelr owa discretion, with which no court has any right to interfere. Now, the legal power of the Common Council to lay down a railroad in the streets of the city, is a matter upon which I shall not dilate, for | itis settled, if anything can be settled, by the deci- | sion of the Supreme Court in the case of Drake | against the officers of the Hudson Riyer Railroad Company, and the decision of the Court of Chancery in the case of the Harlem Railroad Company. The learned counsel went on to argue the legal power of the corporation to lay down the rails in Broad- way, and went on to say, now taking the ground that | the corporation have this legal power, I say | it was an act in their own discretion, and whether they should or should not, this Court has_no jurisdi tion to interfere with the free use of that discretion, and for the reason that the act of the corporation is | a legislative act. The counsel on the other si maintains that this corporation is not a legislative body, but that it is a sort of subordinate body, having, T do not exactly know what powers or rights. I say, however, that it is a legislative body, although'a subordinate one. It has all the functions of Jature within the limits of their charte! ed a legislature upon the yery face of the acts opie whi it is erected: “ The legislati of the corporation of New York shall be v of Aldermen and in a Board of A Il_ together form a Common Council, ely the language which the constitution of | te uses in respect to the legislative power of the Senate and Assembly of this State. Upon what reason- ing, then, can it be held that this is not a legislative ower, and that it does not exercise functions strictly legislative—limited by law, but still legislat You cannot say any more that they are not legislative, be- cause their functions are limited, than that the legis- lature of this State is not legislative because it is re- stricted and subordinate to the constitution of the Union. Not only is that so upon the face of these acts, but by the last constitution of the State legis. lative power was authorised to be conferred upon supervisors and others; for it is the policy of our go- yernment and a rightful policy, too, which distin- guishes us from the governments abroad, that we vest our legislative power in fractions—we govern in circles, and, beginning from the bottom to the top, they all exercise, within their jurisdiction and limits, legislative functions. If the Board of Supervisors are a legislature—if they exercise the functions of a legislature—does not the corporation of this great city, with its three-quarters of a million of inhabi- tants, and with interests larger than many States, does not that corporation exercise legislative func- tions? But itis said, that although this may bea legislative body, yet that the particular act in ques- tion is an executive act. I say it is a legislative act, | and if it be not one, our Legislature has not passed legislative acts in the whole course of a year. What is the distinction between a legislative and an execu- tive act? A legislative act is one that makes a rule or grants a privilege, and an executive act is one that carries a legislative act with effect. This resolu- tion is to be carried into effect by the officers of the Common Coun by the Street Commissioner— who is named as superintending these matters, He is the executive officer; but the legislative act is the | granting of the privilege. It is an especial act of legislation, giving to certain persons the privilege ot doing certain things. I have a volume of our State statutes here, of 1847, and the first law I find is this:—* An act to authorise D. Richards and_ others to build piers in the city of New York.’ Will my learned friend inform me if that is a legislative act? By a parity of reasoning, if that is not a legislatite act, it is perfectly void. The legislative power of the State of New York is placed in a Senate and Assem- bly, and the whole executive power is placed in the Governor; therefore, the Governor should have done this, or some other executive officer. There are | ninety-nine of these acts, under which individuals | hold property unquestionably to the amount of many | millions, and is it to be held that all these are void? | There is a legislative act allowing the New England | Company to set up telegraph posts in our streets. Is | it an executive act, and all void? May any individual they are 2 nuisance? The learned counsel proceeded at great length upon this part of the case, when the Court rose at five o’clock, and announced that they would sit again on Saturday next, to hear the re- mainder of his argument, and those of the other | counsel who were to follow. | Law Intelligence. Surrram Court or tar Usrrxp Srarss, Jan. 12.—Sidney Webster, Esq., of New Hampshire, was admitted an at- | torney and counseller of this court. No: 48.—Stephen W. Doss, appellant, vs. Wm. Tyack et | al. The argument of this cause was continued by Mr. Sherwood for the appellees, and concluded by Mr. 0. F. | Johnson for the appe lant. Adjourned. Jay. 13.—John L. Pendery, Esq., of Ohio, was admitted | an attorney and counsellor of this court. No. 49.—John Perkins, appellant, vs. Edward P. Fourni- quet et al. The argument in this cause was commenced Sone for the appellant, and continued by Mr. Hen- or tl y cs ppellees, and by Mr. Reverdy Johnson for | journed. 14.—Daniel Mace, Enq., of Indiana, was admitted torney and counsellor of this court. 36. Samuel 8, Downey va, J. T. Hicks’s executrix: in error to the Circuit Court of the United States for Mississippi. Mr. Justice Mclean delivered the opinion of this Court, reversing the judgment of the said Cireuit Court with costs, and remanding the cause with dirce- tions to award a venire facias de n¢ No. 49. John Perkins, appellant, vs. Edward P. Four quet, etal. The argument of this cause was eonclid by Mr. Reverdy Johnson for the lant. Adjourned, Court or ArpRass, JAN. 13.—) tone, adm’r., &e., appellant. agt, Steere and others, respondents. | Arued. B. Davis Noxon for appellant—N. Hill, Jr., for respondent. No. 54. Moore, appellant, agt. The Mayor, &e., New York, respondents. Argued. John L. Mason for appellant —Somuel'A. Foote, for respondents. Nos. 55 and 56. ket down for 20th inst. No. 58, Called | No. 69. Exchanged by consent for No. 61. Latter argu Bonk, respondents, azt. J ford for »ppellant—David Wright for respondent J. . The President, &e., of the Chemung Canal on, appellant. Samuel Blatoh x. 14.—The argument in the case of The Chemung | Pook Judson concluded. 59, ice and another, appellants, agt. The r, &e., of Ne mitents. Argued. N Jr, for app davies for respondents Corp is tHE Srovx Cor ville (lowa) Bugle, of Dec. following account of a man freezing to death on the Sergeant’ Bluff, on the Missouri. Two men, Phillips and May field, started from the Lamb settlement, on the Little Sioux, to go to the Mormon Croesing on the Missburi river. They travelled the greater part of the day, when they sought the bluffs for protection against the freezing blasts on the bottom land; but the cold was more intense among the bluffs than on the open prairie, and Phillips, overcome by the cold, could go no further. He urged his companion to go on, and | send some one back for his body before it was de- voured by the wolves. Accordingly, Mayfield travelled a quarter of a mile, when he, too, became so benumbed by the cold that he dropped upon the | ground, unable to proceed any further. While he lay thus insensible the snow formed a deep drift over him, which broke the action of the wind, and saved his life. He revived after the lapse of a few hours, and ultimately reached the house of Mr. Sisson Chase, and directed a party out in search of Phillips. May- field relates, when he left Phillips, his arms were | both frozen up to the elbows. Mr. P. is lately from | California. The Kanes Arrociovs Mernper at St. Lovis.-The St. Louis Un/on gives an account of « most cold-blooded and atrocious murder recently committed in that city. On Monday evening, the 3d inst., about 10 o'clock, a Mr. Henry Clemens heard a knock at his front door, and npon opening it he discovered a man by the name of William McKeany standing there with a mnsket in his hand. Suspecting something wrong, he attempted to wrest the weapon from his grasp; but before it could be done, the latter pulled the trigger and gave him a mortal wound, and he expired in a few hours, The noise made by the tiring brought: several persons to the spot, whe wy, found the murderer lying on the ground dreadfully beaten. Tt was supposed that he bad slipped and fallen, He was examined in the morning, and it was ascertained that his skull was broken ia three places, and he has since died im consequeuce. | | of \ of the cotton The Mechanics’ Institute, INTERESTING LETTER FROM GEN. JOUN £. WOOL. Tror, Dec. 29, 1868. My Drax Sin—A few days since I received your invitation in behalf of the members of the Mechanios * Institute of the city of New York, to deliver an ad~ dress before them at such time during the ensuing season as might be most convenient to myself. I find that neither my health nor official duties willl permit me to avail myself of the honor go flutteringige tendered. This I deeply regret, for it would afford me plea- sure to address the members of the Institute, and fer the reason set forth in their invitation, that “they re- cognize in me the true friend of the mechanica and workingmen.” In this they have not mistaken mg character, for T could be nothing else, when reoeg- nizing in them the real and substantial benefactors o& the human race; among whom have appeared dee- tors, lawyers, jurists, philosophers, orators, states men and heroes. It may not be altogether uninter- esting, nor at this time out of place, to bring to the recollection of the members of the Institute a few of the many mechanics and workingmen who have ap- peared as shining lights, and who have, by their ge nius, skill and great industry, contributed so muele to the improvement, progress and great prosperity of not only their own country, but of the civitiged world. In the boy who traversed the streets of Phifadef- phia with a loaf of bread under his arm, we diseover the printer, Benjamin Franklin, who “ played with the forked lightning as witha tamed snake.” Im his day he stood first among philosophers and statea- men; and his genius is now daily and hourly ex- hibited in the transmission of the thoughts of mew with the speed of lightning from one extremity of the Union to the other. No person commanded greater respect or confidence at home or abroad than. the printer, Franklin. His influence was everg- felt throughout the period that tried the d which called forth the nerve and e1 very patriot who desired liberty more than 9) pression. He was no less tenacious of his count honor than his own, and rigidly maintained faithful Sueraree otal national obligations. “« Whore liberty dwells there is my country” was the declara- tion of Franklin. In Roger Sherman we saw the shoemaker. By his genius, industry and great virtues he rose to eminence. Whilst bending over the Inet he meditated the freedom and independence his count Being fond of reading and study, at the age of twenty-one he abandoned the awl and lapstone for the law, and at the age of thirty-three was admitted to the bar. He soon be- cane a Judge of the Supreme Court of his State, and was one of the signers of the Declaration of Indepem- dence. Afterwards he was elected a member of the House of Representatives, and then Senator in Gon- gress, In every situation he was distinguished for integrity, sound sense, and great practical wisdom. No man of his time commanded more of the confi- dence of his countrymen than Roger Sherman, the shoemaker. George Walton, of Georgia, was a carpenter. Af- ter he was twenty-one yearsof age, he abandoned hig tools for the law. By perseverance and great indus- try, he placed himself among the great-men of the Revolution, and was one of that galaxy of patriots who signed the Declaration of Hee te In 1778 he was appointed a colonel of militia, and was severely wounded at the siege of Savannah. He twice became Governor of Georgia, several times elected to the House of Representatives, and thee Senator to Congress. He died whilst Chief Justice of his State-—a distinguished and noble career fora car- enter. 4 In Nathaniel Greene we sec the blacksmith. Like’ Roger Sherman, whilst bending over the anvil, he meditated the freedom of his country. ‘Phe bat- tle of Lexington roused Greene, and called forth the latent energies of his mind. He gave up the sledge hammer for the sword, and went forth to fight battles of his country. Although but a private at the time, Rhode Island appointed him a Bri; General, and _gave him command of three re, of militia. ith these he Teniad, himself to the Commander-in-Chief, Gen. Washington, whose head- gues were at the time at Cambridge, near Bosten. is indefatigable exertions to qualify himself to well his part, in his new profession, ey soon him the Eu lea and confidence of Washington, which continued during their lives. From that time until the close of the revolutionary war, all his ener- ies were devoted to the accomplishment of the ob- jects and wishes of his countrymen—a separation of the colonies from England, and their independence. With a very limited education, his genins, with hisex= alted patriotism, perseverance and intense applica- tion, made him in the estimation of friends what he really was—second only in characterand cea to the great and good Washington. Except the ter, to Major General Nathaniel Greene, pei pecoe of the United States are more indebted than to any other individual for the enjoyment of their present privileges and unparalelled prosperity. At the olose of the revolution, as a manifestation of their high ap- reciationjof his character and distinguished services, it is said South Carolina presented him with $50,000, Georgia with $25,000, and North Carolina with 25,000 acres of lane. = Eli Whitney was a manufacturer of nails, and them of long pins. He invented the cotton gin, after which he became an extensive manufacturer of muse kets. Few men have done more to promote the proa~ perity of his country than Whitney. His invention gin more than tripled the wealth ef the cotton growing States of the South. He was te eae what Arkwright, the barber, was te. england. Fulton, by his application of steam to navigation, more than quadrupled the wealth of the United States. The benefits of his genius to the civilized world are beyond calculation, and the inhabitants of | the valley of the Mississippi owe him a debt of grati- tude which they can never cancel. The genius of Brindley, a millwright, Watt, s mathematical instrament maker, and Askwright, a barber, called Sir Richard, “ upheld the sinking for~ tunes of England, and placed on that high emi~ nence which overlooks the world.”” William Shakspeare was a wool comber, but, im the beantifnl and truthful language of de, | friend, Francis Baylis, became a mighty spirit, whose. influence, like the heavenly bodies, is even now calling up the tides of human feeling. the charm of his genius on the lowest walks of life, surrounded the throne of mirth with new delighte,, Mee ay a varieties the eee eo apes his humor, given a new and grace! nity to the humblest off virtues, imparted a lane spirit to social life, pervaded the very depth of the soul with strange and wondrous powers of and impressed upon sublimity itself sterner loftier character. Yes, he was a mighty enchanter, who could call forth from the invisible world a new variety of scenes and beings, and could give te these “airy nothings a local habitation and a name’* ai the fancies of poctry, and the breathings of pra~ phecy.’ To these T would add the names of many more mechanics and working men, who, by their genius and skill, have greatly contributed to promote the wealth, prosperity and happiness of the world. But enough has been said to satisfy the members of the Institute that Tam no less their friend than E duly wee their importance. As a class, the mechanics and working men have done more tham any other to humanize, civilize, and liberalize, the human family. —_I have the honor to be, Very respectfully, your obedient servant, Joun E. Woor. 5, ; To Cuares H. Denavan, Esq., Cor Secretary of Mechanics’ Institute. Gorn axpn Paint.—Prof. Hubbard, of Dart- mouth College, has specimens of gold, found on the Quechee river, Vermont. The specimens are not washings, but froma vein. The rockin which the gold lies is quartz, containing also considerable sut— phuret of iron, sulphuret of lead, and sulphuret of zinc, perticles of gold being found in these, as well asin the quartz. What quantity of this ore existe there —that is, what quantity of auriferous quarts and sulphurets—th¢ information’ does hot state, but these specimens are worth working, and if the vein is ex- tensive, gold might be expected from washing the sands of the Quechee. We do not expect much gold from Vermont, however; but the same professor other specimens of more consequence, viz.: of ochre (paint) from Strafford, Vt., a new and interesting dis- covery. It is no other than taking the spent ore of the copperas works, and subjecting it to various de- grees of heat; the result when pulverized is ochre, varying in color according to the degree of heat. The copperas ore is a sulphuret of iron. The sniphur being extracted, which makes the » the residuum being heated becomes an oxide of iron, otherwise ochre. Irom this, by a refining process, very simple and atsmall expense, is obtained the pig- ment—bright red, pale red, brown, and various hues of yellow. And so there are inexhaustible mines of ochre in Vermont, for the formation extends from, Strafford to Shrewsbury, at least. Farat, Arrray.—The Columbus Times of the 7th inst. says:—“On the night of Wednesday last, two men, named John Calvin and Wm. Stains, Girard, Ala., we are informed, made a murderous as- sault upon E. B. W. Spivey, of this city, with pistols. In the melee, Mr. Spivey’s son brought him a double barrelled gun, with which he shot both his asaail- ants. Weare told that they are both ina dying 5 condition. Mr. Spivey received a ball in the he aad on the head. He is not seriously im ured. The damage sustained by the southern portion of the Ohio caml, daring te late freshets, is heavy. ‘The necessary repairs cwanel ve made tor lose thaw $100,000,