The New York Herald Newspaper, February 2, 1853, Page 3

ive- 2 5 5 = If they did not, the testimony of , and Mrs. Smyth, is the most remarkable -coiucidence of truth with falsehood that has ever happened. and it can only be resisted by imputing to al them a combination to perjure themselves for shesame perpoee, That, no one has said or can believe. basse and Boisfontaine were brought into this case as witnesses, with characters of their own to command belief and respect. Neither of them can be doubted, for the defendant's witnesses who were brought to aseail them, could only answer that bo th had always been honorable men. Mrs. ‘Smyth's marecity has not been questioned in any way. Icannot, then, but believe that the paternity and logins of Myra Clark Gaines has been fully established, Gs the law requires it to be done. re re-mothing in the case to it, but those doubts and suspicions which will sometimes bear down truth, nits relation to_the extraordinary realities of life. The history of Mrs. Gaines vs one of them. “It has oa made more so by the result of her case in this bod sic * * * * * * * It now only remains for me to notice the other ob- jection against the right of the complainant to re- cover. It isthat as the marriage of mother whs clandestine, that it illegitimates her for the purposes of inheritance. I shall not speak of the general or particular c juences of clandestine marriages under the Spanish law, as the facts of the vase do not seem to me to make it pertinent, All that have been said u this point as to the » effect of such a marriage Louisiana, upon the and upon children, can have no influence upon children of marriages validly contracted in ano- ther political sovereignty. The Shiantion assumes that the marriage of Clark and Zulime in Philadelphia, in some way or other, ‘but not definitely stated, was subject on account of the domicil of ‘the ies in Louisiana, to its laws prohibiting clandestine marriages. In other words, that a secret marriage lawfully contracted by persons in transite in a sovereignty in which such a mar- vinge is not prohibited, will ‘not give legitimacy to | the offspring within the jurisdiction of the domicil of the parents, if it be kept secret there. ‘The right of persons to marry in every country where they may peapen to be, is not denied, if there be no impediment there er in the condition of the parties in respect to the law of their domicil, to pre- vent them from contracting marriage. Before, then, the validity of the marriage of the complainant's fa- | ther with her mother, in Philadelphia, can be denied, it must be shown that tort could not contract it on account of a legal disability either there or in Lou- isiana. ‘the first is not pretended. The only objec- tion to it is that she was previously married to Des- stange. That cannot prevail, for I think it has been shown that Zulime’s marriage was void on account of his bigamy in marrying her, and that she had the right, without any sentence of its nullity, to marry another, either in Louisiana or elsewhere. It is cer- tain that in such a case of bigamy she could marry again in Pennsylvania. Their offspring there would be legitimate. “It cannot be made otherwise because ‘their child happened to be born in Louisiana. Le- gitimacy is the lawful consequence of lawful mar- riage, and it cannot be taken away by any subse- quent misconduct of parents in respect to the mar- riage itself. Heirship, or the right of legitimate <ohitdren to inherit from deceased parents, depends upon the law of the place where the property ma: be. Parents cannot change it except as they may do xo according to law. ‘his being so, their misconduct — ey rd right of a ie nen uy its le- x such a purpose, though it may in many particulars affect their own rights as to each other and as to their property. Concealment, in Louisiana, of a marriage elsewhere by persons domiciled there, might very well affect such rights, or the parties to it, as relate to property parted with ther whilst they (mutually concealed their mai » But it wi do so because there was no marriage be- tween them, but from their not holding themselves out to the community as man and wife. It is their dut: to do that by the ordinary indicia of the relation. they do not, they must bear the poneeoences in re- ayers to propery and other matters which may con- cern them, their misconduct. But as regards their children, as they are legitimate, according to the tex loci of the marriage, for all , and to in- herit that ion which the law gives them of the estate of deceased parents, they cannot be affected jn way by their parents’ concealment of their d_ to have been valid ‘he rule in such cases is, e is valid fae loci, it will corse be held (not universally) valid every- where for the Mt of inheritance. If invalid there, it will generally (not universally) be held in- valid everywhere. But in either case the exceptions | grow out of law. They must be shown to exist as | such, before the right of heirship can be excluded. The case of Le Breton vs. Nouges,3 Mart. 60, cited for @ contrary , is absolutely decisive of the reverse. It sustains, inferentially, the view of the right of the inheritance of children under a valid | marriage contracted out of Louisiana, and directly, | the right of the husband to a marital portion, though | he lated the laws of Louisiana in running away with an heirese in her infuhey to marry her in an other sovereignty. The mother, too, of his wife wa: declared to be her forced heir after the daughter's | denth, only because the latter left no child of ber | own, That case only decides this, that cxisies | rights of property in cases of marriages out of the | State of Lontsiat, the partios fen Got there, <lepend upon the laws of the domicil. That is strict. | 1 The case everywhere. But the filial right is not | the conji The law gives both, and both are pro- | tected and measured according to law. ait Until it can be shown that there is a law of Loui- | siana excepting the child of a lawful marriage in Pennayivania from the rights of heirship in the first, on account of the domicil of the parents at the time of such marriage, the child’s right of inheritance | eannot be denied. f : Lhave searched in vain all the codes of erp and of Louisiana for sucha law. I have earnestly sought in judgments of the courts both of Spain and Loui- | siana for such aone. Nothing can be found in either | concerning such a proposition. I think, then, that I run no judicial risk in saying that there is nothing in the way of law to be found interfering with the right of Myra Clark Gaines to the heirship of such portion of her father’s estate as the law of Louisiana gives to an only legitimate child. Something was said that her right to recover was barred by the statutes of prescription of Louisiana. If her right under them shall be measured by the proofs of the time of her birth, she is not barred. If | from the time of the illegal disposition or sale of her father's estate hy his executors, she is not so. If from the character in which she sues to establish a right of inheritance, there is no statute of prescription to bar her rights. s Those of us who have borne our part in the case will pass away. Tie case will live Years hence, as well as now, the profession will look to it for what | has been rsled upon its merits, and also for the kind | of tegtimony upon which these merits were decided. The Majority of my brothers who give the judgment stond, as they vell may do, upon their own responstbi- lity. T have placed myself alongside of them, humbly submitting to have any error into which I may have | fallen corrected by our cotemporaries and by our professional posterity. The case itseif presents thought for our philosophy, in its contemplation of all the business and domestic relations of life. r : It shows the hollowness of those nig form- ed between persons in the greediness of gain, seek- ing its gratification in a disregard of all those laws by which commerce can only be honestly and respecta- bly pursued. . , sf shows how carelessness in business and secret | artnerships to conduct it with others who ave wil- th to run the risk of unlawful adventures, may give to the latter ifs spoils and impoverish those whose capital alone gave consequence to the concern. it shows how a mistaken confidence given to thers by a man who dies rich, may be the cause of diverting his estate into an imputed insolvency, de- priying every member of his family of any part of their inheritance. We learn from it that long-continued favora may not be followed by any sympathy from those who nae them, for those who are dearest to our affec- tions. It shows if the rnffian takes life for the purse which he robs, that a dying, man’s agonies soothed only by tears and prayers for the happiness of a child, may not arrest a freudulent attempt to filch from her her name and fortune. We can learn from it, too, that there is a kindred between virtue and lasting respectability in life, and that transgressions of its proprieties, orirregular yield- ings to our passions in forming the most interesting relation between human creatures, are most likely to make them miserable and to bring rain upon chil- dren, {do not_ know from my own reasoning that the sins of parents are visited upon children, but my rea- son does not tell me it may not beso. ButI do know, from one of those rays shot from Sinai that it is said for the offence of idolatry, “I, the Lord God,am a jealous God, and visit the sins of the fa- Mechasse, Bois- | dred followers, lark with her | command of General Avalos, still h thers upon the children unto the third and fourth | xeneration of them that hate me, and show mercy | and keep my «nto thousands of those who love me roger other offences. commandments.” It may be so fot Il it be, let the victim submissively recognise him | who inflicts the chartisement, and it may be the be- vinning of acommunion with our Maker, to raise the hope of a richer inheritance than this world can give cor tuke away, Mr. Justice MeKinley, before whom the case was tried ih the lower court, dissented from the District Judge, thereby concurring in the above opinion. Natrona Acnioritrnan Sociery.—The first annval mecting of the Uni States icultural So- ciety, will be held at Washington City tis day Important froma the Rio Grande, GARAVAJAL LEVYING BLACK MAIL—MBXIOAN WAR the STEAMER IN THE RIO GRANDB—IMPORTANT CIRCU- LAR FROM COL. CRUZ, ETC. St. Jago, we have re- By an arrival from 0 oe nea ‘According to the latest advices, Carvajal was at or near the little town of China, with some one hun- fe at eatetectaen Tome ay poe tan con! ma € merchant's pac! mule or wagon. We can state from positive know- ledge, says the American Flag, that there is not an American engagement with the leaders in the pre- sent revolution, nor is it the desire of the Mexicans‘ themselves that there should be. ‘ ‘This morning, (Thursday,) pat as we are going to reas, says the Fag, a rumor is current to the effeot that the war steamer Estado de Mexico had arrived at the mouth of the river, with the expected force destined for the attack of Matamoros. We can not vouch for the authenticity of the rumor, though it seems that Gen. Avalos attaches sufficient impor- tance to it to send out quite a detachment of cavalry to reconnoitre. Some say also that the advance guard of Col. Cruz is close at hand. Here isan article from the Flag, entitled “ Affairs iver have now fairly caught epidemic, pronunciamentos are all the They are as current as the latest fashions among the elite of our populous cities. There is not now a city or hamlet of any note in the entire State, we believe, with the exception of Matamoras, which has not fallen into the popular plan of Jalisco. The latter place, however, under out faithful to the presentgovernment. The Gen., welearn, has fortified his juarters, mounted and cha: his uns, and has de- clared his intention, like Tarquin of old, tobe buried in the ruins of bis castle ere he budges seem determined to test tho old hi step. His enemies resolution; Mata- moras, it is said, will be, for the present, the aim of future operations in that State, We learn’ from several Mexican milita gentlemen, now in this bapa that ex- tensive prepara ions are maki tack on this stronghold. But ‘tlemen place not half the reliance in the cow the General that attempts are being made to create. At allevents, it will soon seen, as we are confidently assured, that Colonel Cruz has already commenced his mareh in this direction, while reinforcements are on their way from Victoria, by land and by water, the recently captured vessels of ‘war are to bring both men and munitions for the same object. With all this force united, Matamoras is like te be made too hot to hold either General Avalos or his partisans. His funeral pyre may be lighted before he wots of it, as itis clear he has no sympathy from the inhabitants of the city. In the midst of all this turmoil, however, the General presents a , unshaken front.. He has a press en- tirely his own, and_s willing tool to work it. from which extras are almost daily issued, assuring the people that there is_no truth in anything save in the columns of his paper La Bandera Mezicana, that insurrections are quelled, Colonel Cruz whipped back into the traces, order restored in Tampico, and the country progressing peace- fully and quietly, "This the people with the evidences before them, would as soon believe as they would one who, standing on the brow of a lurid volcano, should tell and try to convince them there was no fire below. Right on the heels of the last one of these peace bulletins, comes the mail from Tampico with the manifestos of the people of the castle of Ulloa and the city of Vera Cruz, embracing the popular plan of Jalisco with the tariff now enforced at Tampico. Several of the old citizens of Brownsville have re- turned to that place, convinced, after all, that there is no place containing more of the germs of real prosperity. i Col. Cruz, military commander at Camargo, has issued the following circular:— In an intercepted communication addressed to the sub- Commissary of Matamoras, is directed, ‘he shall not con- tinue charging as extraordinary expenses of war the de- bentures made in the tariff.’’ “ This proves that criminal transactions have been entered into at that port, sus- tained by the arbitrary rule of Don Francisco Avalos, and against the laws in force, thereby causing serious da- Hin’ to the national treasury and to commerce in good faith, for which reason I hereby make known to the mer- chants of Matamoras that all cargoes leaving that port with passes,(guias) from that custom house, for the in- terior of the Republic, will be whatever place the same may der my command, for a wel organized at- hese ursued and confiscated at taken by the forces un- VALINTIN CRUZ. Later from Santa Fe. The following letter containing late news from Santa Fe, dated at Independence, Jan. 19, we find in the St. Louis ‘blican of the 22d ult:— This morning the Santa Fe mail reached here, bringing but little additional news from that of last month. The Legislature of New Mexico was in session, following out the recommendations of the Governor, and apparently doing some for the country. Governor Lane’s course is ming very popular, and he will do much for that country, if not removed by the incoming administration. A little disturbance that at one time threatened the peace of the territory, between the , spra. civil and EE Seok "At The request of Gov. Lane, Col. ke, the commander of the post, of Santa Fe, hoisted the flag in the plaza, while the Legislature was in session, that been removed by Colonel Sumner’s order; in consequence of which he was removed and the flag taken down. The citi- zens soon had another ready, but in their haste it happened to consist of three’ colors, red, white and blue. This was ordered down by the military, and down it came. Some stars were added, and it was et again. , So it floats—the civil authorities con- ing. * The Southern mail had not reached Santa Fe, when this one left. Craddock & Lucas were attacked and robbed of a wagon load of merchandise near Fort Fillmore, by ome Mexicans, dressed as Apaches. Common Pleas—General Term. DECISIONS. By Hon. Judges Ingraham aud Woodruff. Fesnvary 1.—Patterson vs. O' Hara.—Parol proof to show that the rent, under a written lease for the first year, was less than stated therein, is inadmissa- ble. Where receipts are shown for the full quarter's rent, as the rent became due, and which purported to be in full, such rene are presumptive evidence that all previous rent has been paid, although some previous receipts were given for less sums than the whole quarter's rent. Henry Moss, Jr., vs. David Brown.—Judgment of the Court below confipmed. Hanna & Beebe vs. Corell.—The Court has power under the amended code of 1852, to allow a juror to be withdrawn on the trial, and order the complaint to be amended by inserting allegations mate to the plantiffs’ case. The proper terms are paying costs of term and motion, and allowing no costs to plaintiffs for the intermediate terms if he succeed. Havens vs. Smith.—In an action for trespass on real estate, evidence of the effect of such trespass while it continued on the probable sale of the land is inadmissible, as being too uncertain and remote a rule of damage. Shufeldt vs. Gustin and Hutchins.—Where the landlord leased to his tenant under seal, certain pre- mixes for a longer term than a year, and the de- fendants became sureties for the rent, and the tenant afterwards by a parol agreement, exchanged with the landlord a part of the premises hired; held that this was not an alteration of the original lease with- out the consent of the sureties, so as to discharge them from their liability. Rowston, Respondent, vs. McLellan, Appellant. —A bailee, without hire, is not bound to keep arti- | cles deposited with him after he has offered to deli- ver them to the owner; and if the owner refuses to take them away, he may lawfully place them off his premises. Reilly vs. Newman.—Whero a defendant appears in the comt below and puts in an answer, and subse- quently suffers a judgment by default to be entered against him, he cannot apply to this court under sec- tion 366 of the code, for a new trial. That section only applies toa case where the defendant fails to appear in the cause. Andrews vs. Buck and cthers.—A notice served in the morning to produce on the trial in the after- noon af the same day a letter which was at Catskill, was too short to admit secondary evidence of its con- tents. A letter written by a party to his adversary and not answered, long after the contract was en- tered into, is not admissible as evidence in his favor. Beck vs. Winshermyer—Where evidence is ex- | cluded and afterwards received, there is no ground for objecting that the party who first objected to its exclusion is injured ¥ its reception when he does not at the time make the objection: where the evi- dence is conflicting as to the facts the court will not review the finding of the justice. Bishop vs. Oliove—Order appealed from affirmed, with $10 costs. Edwards vs Drew § Newton.—A mere motion to adjourn, to enable an attorney to see his client, with- out any affidavit to show the necessity of it, was properly denied by the justice. This court has no power on appeal to give relief, on the ground of sur- priee, except where a default is made and judgment entered thereon. Hauptman vs. Halsey.—Under a notice filed to create a lien, which claims that the work was done under a contract with the contractor, the plaintiff in proceeding to enforce the lien, cannot recover for work done for the owner. Where a defendant by his answer ih in issue the performance of the con- tract, the plaintiff is hound to make out his case, to show affirmatively that the contract has beeen so far performed as that money has been due on the con- tract since the lien was created. Ce} vs, Rowland.—The pendency of an action against the owner of a house, under the lien law, for aclaim against the contractor, is no defence to an ac: tion agaiust the contractor at the same time. A proceeding under the lien law, is a forcelosure of a security, that is no defence to an action against a debtor. Rozell vs Bubler.—Where a purchase is made and a hill and receipt given, parol evidence of what took place is inadmissible to add to the terms of the writ ten contract. Where a breach of warrantee is proven, but no amount of damage is shown by the evidence, | the plaintiff can only recover nominal damages, Neville, Appellant, vs. Frost, Respondent-—Where a person contracts with another to do work for him, as an engraver, he is not bound to accept or pay for the same if the work is not done as well as the con: tract called for, In auch ease he is not bound to re- ceive an imperfect piece of work ona reduction of the cost below the coatract price, Porto Cabeilo Correspondence, Posto CasELio, Jan. 4, 1853. The Social State of Porto Cabello—Ox Fights— British Claims, §&c. In regard to. news we are rather at 4 loas to aelect such as would interest your readers, unless they con- tent themselves to know that we had a “great steer or ox fight” on the Ist and 2d inst., in one of the public and “ beautiful” squares of the noted city of Puerto Cabello. Contributions were levied upon the merchants, artisaus, &c., ina very genteel manner, in order to divert pnd gaty tho national taste for scenes similar to the fights in Spain. It was amusing to observe the movements of the motley crowd there assembled. 1 could have wished that one of your able ranean had been upon the spot, so that the world might not lose the many points which shine in glowing and glaring colors on such occasions of public jubilee—the black, white, mulat- to, Indian, Sambo, the Low German, and High Dutch- man—all, all were mixed up in one common mass. And wen 8 rain, vg mere tified with a ‘ great erade,” most sublimely im; as you ma: well’ imagine, Tarticnlantyy Cat tea ieee day, when the Germans were caricatured in the most ridiculous and absurd manner, much to the chagrin of the noble, dignified§ and high- ly intelligent Germans residing in this city. e sympathize deeply with these gentlemen in their mis- fortunes, but Dope that their gentlemanly conduct will insure them in future against such attacks. Through the intervention of a British man of war at Laguayra and of a fleet near by, several English its have obtained recently some $90,000 in pay- ment of interest on claims pending for a period against this government. Mr. Steele, chargé d’affairs of the United States, arrived a few days since on his return to Caraccas, from the United States. He will continue, we pre- sume, with his accustomed activity, the ion of the many just claims of United States citizens, long pending against the government of Venezuela. Depredations upon the public treasury and people continue with increased zeal, and will form the sub- ject of a history by itself, when the atmosphere is cleared away. Produce is extremely scarce at present, and ves- sels, in order to obtain full freights, must remain some days. Washed coffee, 11 a ie per Ib.; un- washed coffee, 104 a 10jc. per Ib; hides, 94a 93 c. r Ib.; indigo, 100c. per ib. for F.; cotton, $113 a 2; cocoa, superior, $21 per fanega. FINANCIAL AND COMMERCIAL, | MONEY MARKET. Tvuxrspay, Feb. 1—6 P. M. There was an animated demand for all the fancies. At the first board prices were pretty well maintained, and closed firm. Phoenix Coal Company advanced 1 per cent, with large sales for cash; Delaware and Hudson, §; Long Island, 4; Deep River Coal Com- pany, 4; Panama Railroad, 4. Cumberland Coal de- clined ¢ per cent; Erie Railroad, 4; Nicaragua, 4; Brunswick Land, 4; Florence & Keyport, }. At the second board Nicaragua fell off } per cent; Morris Canal, §; Phoenix, 1; New Jersey Zinc, }; New Creek, j; Cumberland, 4; Portsmouth, 3; Pennayl- yania Coal, 4; Harlem, 4; Erie Railroad, }. It ap- pears by this that at the afternoon board the tenden- cy throughout was downward. Nicaragua was sold freely at the decline. Other stocks were rather quict. A new stock made its appearance in the market to-day, at the second board. It is called the Potomac Copper Company. This stock has for some time past been sold in the street, privately, and transactions have been made at prices higher than those it opened at to-day. This company have some magnificent specimens of copper ore, which have created quite a sensation. The par value of shares is ten dollars each. The reccipts at the office of the Assistant-Trea- surer of this port to-day amounted to $186,294 63; payments, $88,328 5¢6—balance, $3,571,687 43. ‘The importations into this port Monday and Tues- day, Janoary 31 and February 1, have been as fol- lows :— Butter—147 kegs. Beer—95 casks. Cocoa—247 bags. Coffee—1,724 bags. 100 boxes. Dyes—T0 casks madder. ’ Dyewood—60,000 pounds 20 cam- wood. Drugs—10 cases bergamot, 81 boxes essence, 242 cases 592 casks licorice, cantars brimstone, 50 casks cream tartar, 9 casks madder, 522 bundles licorice root. Dy good:—2,134 packages per Africa, 1,861 per Hermann, 34! per. 7.. 82 per Witchcraft, 68 per Seaman's Bride’ Fruit—2,217 boxes lemons, 70,000 oranges, 2,800 boxes do., 961 boxer, 1,260 half Boxes, 4,057 quarter boxes, 205 kegs raisins, 1,627 haskets, 112 cases figa, 1,282 sacks, 456 boxes, 102 frails, 50 kegs almonds, 18 cases citron, Flax —20 bales. Hides—3,228, Iron—5,842, bors, 630 tons railroad iron, India rubber—32 boxes, 2,073 bales, 115 barrels, 196 bags. Ivory—28 teeth. Tend—2,759 pigs. Mats—500 bales, 201 bales matting. Marble—io bleces Oil—164 casks palm, 46 casks rapesced oil, 20 casks lin- seed. Segars—v8 cases. Soap—60 boxes. Seed—40 bags. Spice:—3,060 mats cassia. Halt—68 modins, Speltor— 701 plates, Tea—40,136 packages, Wool—332 bales. Window glass—9,861 boxes. Wine—175 quarter casks, 3 cases, 7 casks. The demand for foreign exchange, for remittance by the steamship Europa, from Boston, to-morrow, (Wedneaday,) for Liverpool, has been only mode- rate. There has, however, been a slight improve- ment in rates for sterling bills. We now quote bills onLondon at 9} a 93 per cent premium; on Paris, 5f. 13fa5f. 124; Amsterdam, 41{ a 414; Bremen, 794 a 80; Hamburg, 36j a 363. The Lorillard Fire Insurance Company have de- clared a semi-annual dividend of five per cent; the City Fire Insurance Company, nine dollars per share; the Citizens’ Bank, four per cent; the New York Life and Trust Company, five per cent; the Bank of Louisiana, five per cent; the Cleveland, Painesville and Ashtabula Railroad Company have declared a dividend of three per cent in cash, and six per cent inscrip, the latter due on the Ist of August next, payable to the Eastern stockholders at the office of Winslow, Lanier & Co., in this city, on demand. { The Tradesmen’s Bank has adopted the uncurrent | money deposit system, on a plan similar to those of the other banks now engaged in the business. A new company is now in the course of organiza- tion in this city, under the title of the Mechanics’ and Traders’ Insurance Company. The following is a statement of the coinage at the United States Mint, in Philadelphia, together with the deposits of gold and silver, for the month of January, 1853:— U. S. Mint, PuLADELPmnA—OrRRations ts Janvany, 1853. Gold Coinage. 201,228 double eagles + $4,024,460 00 95,910 quarter ci 292,673 gold dollars 628,842 piecen......... 98,750 00 ++ $4,908,188 00 3,860 79 021 pieces, $4,006,998 79 From Californ’ Other sources, Total....., Silver bullion deposited ’ ipa The coinage and deposits in January, 1853, compare as follows :— COINAGE. $4,917,000 00 45,500 00 Gold, Silver... Three cents, Copper... Tot California gold Other gold Total... : It appears by this comparative statement, that the coinage has been close up to the deposit each year. The coining capacity of the Philadelphia Mint is equal to deposits to avy extent. It will be seen that less than one twentieth of the number of pieces coined, comprised more than four-tifths of the aggre gate value coined. Missouri has no State debt, no incomplete and aban- doned works of internal improvements, and no har- | rassing semi-annual instalments of interest to pay. The State treasury is full and overflowing ; and Gov. King, in his late message, announces that the revenne of the State is larger than the wants of the State o- vernment require, and he suggests a reduction of the taxes, Tne Hartford, Providence and Fishkill Raitroad is progressing xapidly, Tho mild winter has been fi- yorable. The contracts are for completing the road from Providence to Waterbury, on the Naugatuck, by the first of October, 1863. This company haye made a yery advautageous contract for iroa. There | OO will be @ gaving, in this single item, of at least $150,000. The Newburyport Herald aay3:—“The Amesbury Manufacturing Company has declared a dividend of five per cent for the last year. The directors, in ac- cordance with a vote of the stockholders, at their re- cent annual meeting, have sold out their establish- meut to the Salisbury Manufacturing Company. The two united will be carried on underthe management of Mr. John P. Derby. The price paid for the real estate and machinery was $100,000. The Amesbury Company have on hand goods, finished and un- finished, to the amount of $100,000, and about $50,000 in cash. The stockholders will receive by this sale about $1,300 per share. The original cost of the shares was about $1,000.” The committee appointed to organize a company to construct the Oswego, Rome and Watertown Rail- road have agreed with the Watertown and Rome Railroad Company, upon terms highly advantageous to both companies. The terms are such as to pre- vent competition with the different branches touch- ing the lake, and to give both roads the practical advantage of a consolidation. The amount on deposit in the depositories of the government, to the credit of the Treasurer of the United States, subject to draft, on the 24th of Janu- ary, 1853, was $12,955,966 26. Of this, $2,345,113 30 was in the hands of the Assistant Treasurer of the port of New York; $5,598,820 in the Mint, Phila- delphia; $414,508 87 Assistant Treasurer, Philadel- phia; $1,014,772 depository, San Francisco. Trans- fers ordered, $1,280,940. ‘The quality and value of certain articles exported from this port during the week ending and including Saturday, January 29th, 1853, were as annexed. This statement also shows-the destination of exports, and the extent of shipments to each place:— CosareRnce OF THE Port oF New York—Weekry Exporrs, TONDON. Quant. . Fal. Quant. — Fal. N. stores, bxs..4,955 $21,161 Mf. Lob’co, 1b3.5,000 $1,500 Fork . + 209 6,382 Ch 6,197 Furs, packages’ 2 383 Essentialviles 6 966 R. 2,163 1,014 ka 515 3 5,690 31° 1,571 Indigo, cer Cloverseed. 25 3,884 Tea, packages. Beef, tierces.. 287 6,020 Totals. seersseever Flour, bbls,.12,242 79,410 Cheese . 684 Naval stores..4,270 15,954 Fustie, ‘tons., ° 18 Corn, busbels.11,513 8,370 Roots, bales., 18 Wheat ......40,039 64,438 Sp. oil, gal 12,750 1 Clocks, ‘cases "700 S. metal, tons.” 7 Beef, tierces, Asphaltum,cks 10 Rice’. Onra& h'spikes1,374 Coffee, Tota © 50 314 Cheese, bxs. 7710 2,830 ‘Total, +++ $10,162 GLASGOW. $2,681 Leather, bales. 12 25,180 Wheat, bshls, Cotton, bales. Flour, bbls.. .4, Naval stores. "364 1/008 M. tob., Ibs. . Cloverseed.... 21 49 C'tlehoofs,bgs 441 645 Totaly......sses ‘BELY: Flour, bbla.,..4,700 $27,700 Staves........ 5,000 $300 Wheat, bush. 3; 158 Pai Clov'rse'd,bgs. 127 1,625 Total........ «+ $54, 868 BREMEN, Tobacco, hhds 229) Shoe p'gs, bbls 115 $415 De. cases 130 $27,449 Beef. . OT 138 Do. boxes 100f rr 193 471 Do. cercona 58 - 186 130 Do, m'f'td.13,082 9 3B Rice, tres,.... "50 10 421 Sg'rs,bars.bdis 18 food, knees.. 24 jmento, bags, 477 6,48 Silver ware, cs 1 Coffer... 5. 76 720 sph’ 10-658 ‘Total.., ‘TRIESTB. Cotton, bales. 594 $26,226 Coffee, bags... 354 $3,800 co 18 08... 4 1,190 3 Potatoes Flour, Oornmeal,. Phosphorus, c: Glue, bbls. Wicking, cases 2 8. turp tine, bbla 29 Ant.carbon,hhds 80 Plaster, bb Press, 1 PH. seen Drugs, pkgs. Bark, hi a [450 "337 249 Peanuts, bgs.. 50 670 300 —— HAYTI. $5,668 Dried fish, ewt. 625 $3,402 Pickled fish. 3,700 Refined sugar.9,162 688 Flour... 5.970 Lard, Ibs.....8,744 1,050 Naval st 2 384 Ship bread... 157 435 Sp turp’tine, gal 203 465 Lumber, fect 44,000 765 Soap, 3000 1,000 Beef, bbls..... 111 1,110 Hardware,pkgs 46 1,141 Paints, pkgs .. 60 "260 Tobacco, bales 45 "386 Drugs '.s...... 2 204 Whale oil, gals 804 = 217 Rice, tierces.. 4 Nails, kegs... 195 Furniture,pkgs 4 Hay, bales...) 30 101 Stationery 4 Tota Flour, bbls, ,.2,581 $17,186 Lumber, ft..20,000. $550 Soap, boxes... 500 650 Oats, bushels.1,000 580 Mf'dlob'o,1bs22,338 1 5 ggg Brandy, gals. 1,000 1,650 ss 8 5 7983 Sovars, cases... 1 ‘258 15 38 BootsAshoes .. 15 1,608 8 Ship bread,tes 1,400 1,700 ‘Trunks . 100 Wagon...) 1 ROWE Sk tos ths $30,887 BRITISH WEST INDIES. Beof, bbls 3. Furniture, $133 Flour Clothi Pork. Dried fruits, Potatoes Marble Rice, tierces.. 4 107 Straps, dor... Candles, boxes 310 777 Conls, tons. : . 20 _ 150 Shoes, cases. 8.801 1,124 Matches, ros 4.251 “516 Drags, pkgs 771 2,017. Stationery Books, cas Tobacco, bales Nails, kegs... 26 Corn meal, bbls 120 Onions . 60 Potatoes . Candles, boxes 376 Hardware 2 Shooks Rice, tierees, Tobacco,hhds. 2 300 Carriages Cheese ; Flour, bbls, 4,073 Wooodw're, pkg 150 Forniture .... 1 Hardware . BRAZI.. $20,647 Shook ...... 1,161 196 Candles, boxes 50 502 ‘Tin, pkgs,.... 158 1,040 Morch'ds,cases 378 on 159 ~~ Total... NEW GRANADA. $91 Potatoes, bua. 380 80 G. powder, kgs. 100 263 ‘Tinware, p! 5 138 Lumber, feet.38,000 1,070 Leadpipes, do. 12 958 Currants, bxs. 300 375 Spikes, | do. 150 1,013 Coal, tons..... 4 18 Hardware, do, 10 ‘114 Tron beams... 4 2,876 Copper, | do. 6 151 Shingles, bdis, 41 120 Total... .cseccces +» 86,702 VENPZUEI A. $90 ‘Timber, pieces, 902 $337 92 Lumber, ft..15,000 280 30 120 B. tables, 6 m1 Perfumery do. 20 | 220 ¥. crockery,bx. 200 1% = 182 SWEDISH WEST INDIES, Porter, bbls... 100 $1,600 Cordage, pkgs. 7 $103 Beef, dio. 35 "302 Rica, tierees.. 6 166 Flour, do, 00 “46 Tobacoo, hhds, 6 608 Domestion, pks 18L Candles, bxs,. 185 486 Hams, &e. lbg.1 248 Wino, cases... 16 177 Refd, sugar. .2,106 180 Cawsia, Wa. 1,071 444 Leather, Iba. S78 B prem sn a cena 46 80/020 PRIA Shoes, ener... 2 38 Tolmeco, Wha. 91 $1,744 Hardware, do. 14 $30 G, powder,ths.6,000 ‘475 Choa Jo. 7 180 Paints, pkgs, 14 70 Lomber, ft,.60,000 1,00 Ship bread, bbis, 27 6 Total, toe Total.....006 pereeeeerees seeeereee ‘The aggregate is less than one-half the value of imports in the same time. There is no particular movement in any staple article of export; and as it is the very height of the importing season, we must look for a large weekly balance against us, The quantity of cotton goods exported from Bos- ton during the four weeks in January, in each of the past two years, was as annexed :-- Exrort ov Corron Goovs row Bostoy, Fast Indies, pkgs +7376 Cape de Vi ds ape" Total, Jan, 22d to 20th, Previourly, since Jan. i. | BE| Zélexs Total this year.. Same time, 1852, The Shipping Lis feeling pervades the market for all goods, with an improved demand for export and from the trade. In brown sheetings, with a continued good demand for export to Mexico and from the Southern and Western trade, prices have improved from jaje. during the week. The Atlantic, Hadley Falls, and other favorite makes of heavy 37 inch, are selling at 8c., usual time, and lighter goods in propor- tion; demand steady, and sales are readily made at | full prices. The stock of these goods is very light. Drills precisely as previously noticed; no stock in market, and will not be for some weeks. Denims, stripes and ticks selling as fast as‘received. Print cloths quick, and but a small stock offering. Prints in steady demand at firm prices. Ginghams selling at 1lc., the previous price. For delaines a more ac- tive market. The Hamilton Company have opened their new styles, and make a better display than usual. The printing and coloring are very superior, and the goods are quick at 18a1%c. The Manchester Company show some very fine styles, which sell readily.’ The fourth annual report of the Milwaukie and and Mississippi Railroad Company gives the annex- ed exhibit of the receipts and disbursements, in operating the road, during the year ending Decem- ber 31st, 1852:— Mitwaviir AND Misstsupr1 Raitroap. Amount of earnings from passengers Do. 0. freight, Total.. saeeceee Disbursements for operal Net earmings....-..0.sseeeecessec cn senee 936,382 27 Some items have been pnt down in the expense ac- count, which should have been charged to con- struction account. By deducting these, amounting to $6,100, from the expenditures, there will be left $32,658 63 for operating the road, which is equal to 434 per cent of the grosscarnings. The financial affairs of the company presented the annexed exhibit on the 31st of December, 1852, according to the official report of the Secretary: — Micwaukm anp Mississurer Rarrroap—Cost ann Liaitt- ES beet ates ater ++ ++$1,067,900 00 Bonds, ten per cent R. M. bonds now outstanding. eases Fight per cent R. MM. bonds ‘sold aud exchanged for10 per cent bonds, 492, Income account, balance... Bills payable, and other liabilities. Warrants on the Treasurer, outsta: Total, . $1,71 This sum is represented by the cost of constrac- tion, real estate, payment of interest, cash in hand, general and special expenses. The average cost of | the road, from Milwaukie to Janesville, a distance | of seventy miles, is $19,494 per mile. The cost of the road to Janesville, as shown and re- ported, is nineteen thousand four hundred and ninety- four dollars per mile. The cost, however, will pro- bably be increased by further purchase of depot grounds at Milwaukie, the erection of further bu i!d- ings, and the adjustment of some disputed and con- tingent claims, including interest on stock paid in and on money borrowed, and further equipments, to about twenty thousand dollars per mile. The cost of the Galena and Chicago Union Railroad was stated to be, in their last annual report, $19,888; and | that of the Southern Michigan is $10,900 per mile. These roads are believed to have been as cheaply constructed as any in the country, and the cost of | the Milwaukie and Mississippi Railroad compares favorably with them. The cost of the branch from Milton to Janesville, eight miles, as now ascertained, | gy not including equipments, is $93,968 14—equal to $12,371 per mile. ‘rom Waukesha to Janesville, a distance of fifty miles, as high a rate of speed per mile can be reached as on any road in the United States. From Wanuke- sha to Milwaukie, about twenty miles, the speed must be somewhat less, and the annual expenses more in proportion per mile, owing to the want of directness. This portion, however, may* be very much straightened, at a small expenditure, with but little departure from the present line, which it may be economy to do at some future day. The road was opened to Eagle, thirty-six miles from Milwaukie, on the 22d of January, 1852; to Palmyra, forty two miles from Milwaukie, on the 3d of August;fto White- water, fifty miles trom Milwaukie, on the 24th of September; to Milton, sixty-two miles, on the Ist of December; and to Janesville, about seventy miles from Milwaukie, January 6, 1853. Owing to the delay of the contractors in not reaching Whitewater early in July, as expected, the receipts of the road have been much less than they otherwise would have been. It was found impossible to do the business offering, in the unfinished state of the road, and while running so many construction trains. The receipts since the road has been opened | to Whitewater, have been quite satisfactory, and give an earnest of what will be done next season. ‘The company is now mostly through with transport- ing materials for the extension of the road, except iron, and has equipments sufficient to do the business of the country without delay. Four miles of road have been graded beyond Milton, in the direction of Madison, and the estimate allowed to the contractors amounts to $12,910. This grading terminates at a point common to the several routes leading to Madi- son, all of which have been carefully surveyed, maps, profiles, and estimates made, and, in some cases, the right of way contracted for. In fact, everything is in readiness to pnt the work under contract as soon as the means are obtained and the route selected. It was stated hy the President, in an exhibit issued by him on the 15th June last, that the Company would be able to show net earnings by June next, for the year preceding, sufficient to compiy with the banking law of the State, but it is now evident that they can be shown three months sooner than he then anticipated. The amount expended during the year is $555,990 09. To this may be added the interest due January Ist, 1853, provided for, but not yet re- ported paid, amounting to abont $46,500. The ex- penditures include the payment of $155,433 13-100 of indebtedness of the Company on the 31st Dec., 1851. The total expenditures to Dec. 31, 1 shown by the Secretary, amount to $1,16 The present liabilities of the Company, Dec. 31, 18, are $85,767 42, which do not include the interest due next day. An interest dividend was made on the 31st of Dec., 1852, payable in stock, and in future it is proposed to make a dividend from | $5 75 «$6 59; fancy lic in the enterprise more fully cstabli-hed. The stock of the company has # permanent and fixed valve, and is a) par. The eight per cong bonds bave risea in the market, and are now held at’ three and a half cents premium, and will probably go much higher, if the present ease in monetary affairs continues. ‘The engineer gives the following account of the equipment on the road:— Six passenger cars, two of which are new, and the others have been in use some time; 35 eight-wheel Lox cars; 43 eight-wheel platform cara; 67 four- wheel gravel cars; 7 hand cars; 8 locomotives, ba. side the “ Madison,” which is considered worthless, except for old iron. Two more locomotives are oen- tracted for at the Menomonee works, in this city, which will be on the track in about six weeks time; 9 additional eight-wheel box cars will be ready in & few days. It is the expectation to construct @ftean box cars more this winter, and two first class passes ger cars, at the company’s works at Waukesha, @r which a portion of the materials are obtained. With this addition, and others which will made from time to time, the road will be kept well equipped. The number of miles run by the passenger and freight trains is 50,000. The construction trains haye hauled about 4,000 tons of iron an average distance ef fifty-three miles; 93,000 cross-ties an average dia tance of thirty-seven miles, the weight of which i 7,000 tons; and 50,000 cubic yards of ballasting ap average distance of seven-and-a half miles, which, reduced to weight, is equal to seventy-five thousand tons. The result of the tonnage on account of com- struction, is an aggregate of eighty-five thousand tons, hauled an average distance of twelve miles. Up to August 1 the company bad only three engises that could be used, besides the “Express,” an en- gine of about ten tons weight. The engine “ Ma- waukie” was received about the Ist of August, the “Janesville” about the Ist of October, and the “ Menomonee’’ about the 1st of December. Stock Exc 120 $10000 US 6's, *67. mn 20000 Ohio 6's, '7 Q0sg OL gO OR “a3 OIE ae 030 .-b10 OL Cobs 4 b3 66: hg a8 $4 1% , Oe oo ad 2 3 21 100 Del & Hud Can b90 1271; 183 B16 50 Cary Imp’t Co... 13% LACo 24 100 do, b30 14 emec . L145¢ 550 do. b8 14 YY 50 Canton Co. wll CON 200 New Jersey Zine 83 134 30 70 600 Montg Mining ..#3 41, 906 60! 250 Porism Dry Dock. 7 wore yp't 1% TO wiry ..b3 197! a 100 960 384 100 do. alt at 100 Reading RR...,.. 66 100 do.. . O6i6 530 TO 069 70 oe 10 3 RR 105 10Panama RR..., ..1843¢ BOARD. 150 sha Morris Canal 75 sha Cum’ 120 Pho-nix Mining 50 do. SOCK OSt Tn & Mg 214% 160 do. 100 21° 100 do. 20 CAE £00 Nie Trai 200 New Creek Coal Go 4% 100 di 150 Long Island RR... 38% 100 200 Portsm Dry Dock... 100 ¢ 100 do... 6 100 ort 600 a 100 4 50 12856 100 New J ve @ Deepaive ‘oa} ~ Hot 5 se 1 Ptomac Copper. 100 d0,...c0000- & 4 for) do. IO 435 CITY TRADE REPORT. Tumpar, Feb. 1—6 P. M. Aswsx continued inactive, but steady. 50 bbls. were sold at s 6214 a $4.68°( for pots, and $5 75 for pearls, yer 100 Ibs. Vhraswax-—2,000 tbs. yellow changed hands at 27Xe, yer Ib., each. PuwAbercyrs.—Flour seemed pretty brisk and he general demand being animated, especially at ne 5" juctations, which holders were not disposed ake. The day’s business embraced 13,500 bbis.—soar $4 S14; 9 $4 9334; superfine-No. 2 at $4 03% a 86 08% ordinary to choice State at 413% a $5 62%; mixed to fancy Western at $5 56%, a $5 75; common to good Ohio at 62% a $5 8114; mixed to favorite Southern at 75 a $5.90; faucy Genesee and Chio 86 08% a 96 6TIG: extra Western at $5 .879¢ a $0 374¢; extra Genesee Southern at a 97 2. varied little. About 6,000 bushels Ohio white were taker at $121. Rye and barley were inanimate. State and Western oats ruied plenfy and heavy at 50c. a Gle. per bus Corn was saleable and uniform. The ‘tions consisted of 34,600 bushels new Southern white and yellow at €7c. a 72c. per bushel. ie oie have been 600 bags Rio sold, at 9Xe. » 93/¢. per Ib. Favit.—Included in the day's movements were 1,000 boxes bunch raisins, at $2 75 a $2 80; 500 cluster do., at 5; and 6,000 Ibs. Pecan nuts, at 7c. Corrox.—The market barely exhibits a steadyespeet, the sales to-day reaching 1,400 bales, at '4 to X deeline. froin the highest point of the season, saree the 24 ult. We quote good middling Georgia, 10%4¢ - New Orleans, 11\e.; aud good Tmiddiing Mobie, i78.—Rates to Liverpool were something easier, ¢ engagements were light. 1,000 bbls, flour were. taken at 34. 3d. a 3s. 6d., and about 10,000 bushels corm were re engaged at 10d. For wheat 124., in bulk, was asked. A vessel was chartered for London ou’ private terms. The clipper ship Stag Hound, for California, was about full. The rates varied from 7c. to 90c. according te of loadi There was nothing to notice for Australia. Havana, cotton was at ye., with ashes and rice at $8 amd Ps i 10. Hay. —River was sparingly dealt in at $1.0 $1 12% pee 100 Ibs. Hors, per Ib, Laris.—Eastern were in fair demand at $2 50 por then: sand. Lise. —Sales of 800 Ubls. common Rockland were effeet- 4 per bbl. —There were 200 bbls. New Orleans bought at . per gallon. Market dull. Navar Stonus,—Some 1,200 bbls, ornde t tine real- iced $5 per 280 Ibs.; spirits, do, was held at 7b. pee gallon; and common rosin, at $1 60 a $1 70 per bbl. ons.—There have been only 6,500 gallons linseed chased to-day, at 77c. per gallon. Demand limited. Provisione.—Pork was plenty and heavy. A lot of 2,000 barrel new. ness wad. sold te settle @ contract, at 8 25, besides which 600 barrels changed hands at ‘or old prime; 161% a $16{ for new; $18% for old mess, and $1824 for new, per barrel. Dressed hogs and picklod meats were as last noticed. Smoked she and aims were retailing at 9c. a 9c. and 12c. @ Ie. pee ‘b. There were 350 barrels prime lard procured at Le= per lb. Peef did not vary much; the sales embraced 820 banels country prime at $5 6214 a $6 25; city at ST; country mess at $9 75 a $11 26; city at $12 75 a $13; packed Chicago at $13 50; do. extra do. at $14 26 50, Butter and cheese were unaltered. PuE.—fales were made of 250 tierces ordinary to goed, at $3 50 a $4 1234 per 100 Ibs. Rrat Fstate.—The auetions continued to attract « number of buyers, who manifested an eagerness to obtain portious of the property offered a sale, at Lage indioa- tive of a regular though gradual rise in value of houses and lots. We understand that the Mesars. Apple- —“ome 24 bales were disposed of at 22c, a Qe. ton, booksellers, have sold their building, No. 200 Broad- way, and purchased the Hoclety Library building, corner of Teoadway and Leonard street. Mr. ww, the auc- tioncer, bas recently purchased, for the Union two lots or thereabout, on Fifth avenue, at ype of Twenty-first street, paying for the same $40,000, Church of the Transfiguration, (Roman Catholic,) im Chambers street, 60 feet_on Chambers, 175 ‘and TS on Reade street, was sold a few 7 since. We learm that the price By ft wae Soe ag appead a detailed rey 'y 7" By A, J. Bleecker.--One two story brick front house, and ? f 200; Fortieth stree 100, $2,450; three do, next $1,850 each; one do south side Forty-first street, from Third avenue, 98.0x25, $1, 25 front by 100.4, each $1,000; one do in Forty fourth south ride, 180 feet from Fourth sveten tee rear, depth 100.4, $1,850; one do in Forty-third «| north ide, eighty feet from Fourth avenue, 26x100. $1,600; one do najoini . twenty-five feet front, forty: one rear, depth 16 M$ on. A. Muller. —taane of two stores, 37 and b9 Maiden lane, for twenty-one yeors, with the privil of two renewals, ata yearly rent of (for both) $2,026; lease of store 25 Maiden lane, he same period, $2,250 ; store andtlot 33 Maidem Jane, 17x78, $2,600; Tour «tory brick house and lot, Sixth avenue, twenty feot from Twenty-first $1,075; two houses and two lots, 22 and 24 street, 36x85, $18,000, Ry Cole & Chilton. property-—¥ive lots on Bergen street, and five om Dean treet, nbowt midway between ees on ES ayo- nies, With a two story frame house on each. 2 107.245 wt $4,200; one Lot on Leo avenue, with three storgy the Ist of January olt., and thereafter dividends will be declared at stated periods from the earnings Of the road. ‘The earnings heretofore have gone into the construction of the road. ‘The affairs of the company are in ®& soynd and healthy condition; Its engagementa promurily mot at brick house, 2075 (eorner of Ross street), $9,275. Sei iilere wee 113, Bouse Cantll> taken at 103Ke. Yr Ib. , Spins ~The day's business amounted to 840 bbls. Jee~ sey and prison whiskey, at 24 a 2 %c., aad WX @ Bbc. per gallon—e further Feduetion i + SUGAR.—But 60 hhds. New Orleana wero pt Tartow. —Sales of 6,000 Ibs. woge effooted at O54 @ KG 6% «Gyo. per Mh maturity, and the gonfideagg of triengy and the pub | pee to