The New York Herald Newspaper, March 14, 1853, Page 8

j H i oem before resist wu. Sentence of Fino and Imprisonment 0B | reasants, injunction, ‘was not imadvertence, but was Startevant, Trteational, deliberate and wilful. Sette” tm aNnD the sense of a is known be forbidden. ordec forbade Beatence of Fine on Other Mombers of the eae ‘Sharp and Common Couneil. , ite iam they mado, = resolu! grant; and oad heace could moment have meee thet - GREAT EXCITEMENT IN COURT—APPLAUSE —S locvate Seaee $0 AND HISSES. EO their disobedience to the order could be justified is a different question; but such a defence is it an ad- ae mission that they fully understood the mandate which they Superior Court—Special Term. were resolved to vialate. | We desire to put as favorable & Before Hon. Judge Duer, and Hon. Judges Bosworth and Mien tek to cer wind, there is no enape fom Emmet, Asrociate Justices. ‘conclusion that they have intentionally and know- Maxcu 12.—‘ What will be done with the Common: | jngly done the act which the order of this Court com: ; peta manded them not to do. Nor let it be said that, in pened’: wes sho Snaviey Soe upon our ear from | Batoe tis asour undoubiing conviction, we disregant'aad every group about the City Hall, and from all quarters of | reject, as unworthy of credit, the declaration made by the court room. “Nothing,” was the laconic reply, in | each of the defendants, in his answer to the fourth inter- more in stanees than one. Others, however, thought tory, namely: that ‘he believed that the injunction pal PP se | did not purport nor mean to restrain, them from voting facoar setuhtiaae sc ition, but no imprison: | fs. Tor of the reolution”’ making the grant which was ited; for although we are forced to regard this Shortly after ten o'clock the court was filled in every | declaration as ambiguous and evasive, it is not necessary part, leaving scares room for the seven and-twonty de | toreject it as wholly untrue. Te aduita of an interpre. indies 7 Se tation which may reconcile it wi the conviction we Sante of judicial injunctions. Some time before the hour | HoT." vressed while, if understood in the obvious sense appointed (eleven o'clock) for the sentence, the Alder- men and Assistants entered the court, and with some which the words seem intended to suggest, it eannot be reconciled with the public acts and declarations of the difficulty made their way to the position assigned them. “ Make way for the Aldermen,” was heard from the Board of Aldermen at the very time to which this decla- stentorian lungs of the official, who, though not a lachry- ration, in their anawers, refers. And were we re- duced to the painful necessity of an election, it is to con- temporaneous declarations, gree for ~_ = _ae of ‘. “ orier:”” explaining and vindicating this act of disol ence to mose individual is called a © orier:” but, to look on the | the process ofthe Court, that our confidence portly array of the Common Council, and their good | ang credit would in preference be given: humored faces, there seemed no need for tears of sympa- | resolutions introduced by Alderman Sturtevant, and thy for them. Ali conjectures as to the amount of penalty, were soon, however at an end. The Judges having taken their seats, the clerk proceeded to call the names of the following voted for by all the Aldermen, with one exception, who are now before us, are conclusive evidence that the order of injunction was then understood by them in the very sense that we have given to it, and that, thus under- standing, they meant to vivlate it. These resolutions denounced the order of injunetion as an illegal restraint defendants. upon the legislative action of tne Common Council, and, ALDSRMEN AssIsTANTS, upon that coe! proclaimed a determination utterly to | Abraham Moore, Josiah W. Brown, disregard it. But if the injunction was then understood | Dudley Haley, Saml. R. Mabbatt, by them as neither preventing nor meaning to restrain | Osear W. Sturtevant, Timothy O'Brien, Sea aeaniacel ert iia tories tomes foes voting fer the eee Oakley, sone — resolution in favor of J. Sharp and his associates, with tg ee — the intention that the resolution, when adopted, should operate as a Wells, Richard T. Compton, Helmus M. vir legislative action, nor by them, voting as they did, Win. J. Brisley, Edwin Bouton, ‘wan it at all dlareguaded: Indeed, upon tits coustrection) | Wesley Smith, Wm. H. Wright, the Common Council, as such, could not disregard it. It | James M. Bard, Jacob H. Valentine, is painful but necessury to state the alternative. Either Asahel A. Denman, Wm. McConkey, the injunction, when served, was understood by Alderman Wm. H. Cornell, Joseph 8) Sturtevant, and those who acted with him, as restraining ao rye ‘Thomas Whelat them from voting! a favor of the resolation making the rant it prohibitec, or it was not. If it was, then the declaration they have now made, in its obvious sense, asserts the existence of a belief which they never enter- tained. If it was not, then his resolutions vindicating the nghts and dignity of the Common Council were based upon an assertion which he and those who voted with him then believed to be false, and were consequently 4 most gratuitous as well as intemperate attack upon the conduct and motives of the judge by whom the injune- tion was issued. And upon this supposition the passage of the resolutions was a malicious and wanton insuit— acontempt as criminal and aggravated in its nature as acourt of justice has ever been bound to notice and compelled t0 punish. But this supposition we do not hesitate to reject, for although the resolutions of Alder- man Sturtevant may convey imputations, and be ex- The clerk said all but three answered to their names. Here Alderman Cornell, who is a fine, jolly, rotund looking specimen of civic good things, was seen waving ‘through the mass of people that thronged the court. Judge Durg then delivered the written judgment of the Court, which is very elaborate, and occupied more than three-quarters of an hour in reading. It is as follows:— JUDGE DUER'S JUDGMENT. We are now to determine whether the members of the Common Council, who have been severally brought before us by @ process of attachment, have been guilty of the misconduct that is alleged against them, and if 80, whe- ther this misconduct has operated or was calculated “to Gefeat, impair, impede, or prejudice the rights or reme- dien’’ of the relators,in the prosecution of their originaland pending suit. (2R.8., sec. 20, p. 538.) Theseare not the ‘only questions that we have found it necessary to consider and decide; but they are the firstin the order of the judgment now to be pronounced. The misconduct that is ‘ageinst all the defendants in the affidavits upon which the motions for the attachments were founded, and in the interrogatories that have since been filed, is that of ‘a contempt of the authority of this Court, by an act of positive disobedience to its lawful order; and the Alder- men who are before us, with the exception of Alderman Doherty, are also charged with having given their assent, by their vote, to the passage of certain resolutions, not only denouncing the order which they were re- quired to obey as an umprecedented act of usurped authority, but containing scandalous imputations upon the conduct and motives of the judge by whom the order was issued. These resolutions are set forth at large in the proceedings, and it hasbeen insisted that they are evidence, not expressly in support of the principal charge, but os a distinct and substantive offenes, which may and ought to be treated as a wilful and criminal con- tempt. It is manifest that we cannot do otherwise than adjudge each of the defendants to have heen guilty of the contempt, by his personal refusal to obey the order of the injunction which has been so publicly viola- lated, if we adhere to the opinion that the order was rightfully issued and properly served, and individually Dinding; and upon these questions it’ is only necessary now to tay that the considerations which we fully enter- tained, and have endeavored fully to express, are wholly unchanged—they have not been weakened, but con- firmed by subsequent refeetion and research. We have eid, and now liold, that the order of injunction com. manced each individual member of the Common Council to refrain from acting, and suspendiog im the performance of the corporate act which the order prohibited and consequently that it was violated by every member who voted for the resolution ‘in favor of Jacob Sharp and his associates, with the intent that the grant which the resolution contained should be- come by its immediate acceptance, operative and effectual. | that although the resolution might be passed, its effect as Each of the defendants, in bis answer to the fourth inter- | a grant would be suspended, since we find it impossible to rogatory, has admitted that he voted for this resolutioi | believe that any counsel could have advised them that if nor has one of them attempted to deny that he so voted. they adopted the resolution so as to render it effectual as with the intent that the resolution should take effect as | a grant the injunction would not be violated. No counsel an immediate operative grant, and in the confident ex. | could have advised them that the injunction would not ctation that, by;the acceptance of the grantees, it would | be broken if they made the grant which in plain words so. The meaning and motives of the entire | it commanded and enjoined them to desi:t from mak- transaction are indeed too apparent to admit of doubt or | ing. While upon this subject, we deem it necessary to denial. Itis evident from the papers before us, that | observe, that the advice of counsel, when stated tn gene- the written acceptance of the grantees must have been | ral terms, as it here is, will never be accepted by this prepared and signed before the resolution was finally Court as excusing or palliating a contempt of its orders, adopted, since, as soon as the anticipated final vote was | or process, which is otherwise manifest or proved. The taken, it was delivered and filed. Nor is any argument | advice when thus stated will never be permitted to affect requisite to show that the misconduct of the defendants | ourdecision. To enable us to regard it atall the names of in violating the injunction has tended to im- | the counsel must be given, and the information that was pede or prejudice the rights and remedies of the | laid before them, and the exac’ import of their advice, be relators in the prosecution of their suit. Such | fully stated. If the advice was written, the writing must was not merely its tendency and design, but such | be produced—if oral, the that it ‘was given; and its animadversion and censure, yet we do not at all doubt that the injunction was regurded, not only by those who voted for those resolutions, but by every member of the Common Council, a3 restrainiag their legislative action by enjoining them not to adopt by their yotes the grant which it described and prohibited. It is manifest, how. ever, that if Aldermen Sturtevant, and the Aldermen who veracity can only be saved by coustruing their present declaration within its obvious, though very qualified, sense: and it isthis qualified and charitable interpreta. tion, therefore, that we adopt. The order of injunction commanded the corporation and its members to de- sist and refrain from making a certain grant; but did not command the members of the Common Council not to vote in favor of the resolution they were about to re- consider, unless the intended and necessary effect of its Such, however, was not its necessary effect; since, when they voted for the resolution, they ‘might at the same time bave suspended its effect as a grant until the in- junction was dissolved, or until the happening of that event have forbidden the acceptanee of the resolution by the grantees, or the filing of that aceeptance »; own clerk; and had either of these courses been followed there would have been no intentional breach of the in- junction—no conflict between the Common Council and ‘the judiciary would have ensued, the city would have been saved frei that we now witness, and the judges of this Court have been relieved from the_discharge of a most painful duty. Why a course of proceeding by which all these annoy- ances would have been avoided was no} in fact adopted, itis unnecessary or would be irrelevant now to inquire. Wwe they not only believed, but were advised by counsel, that the injunction did not purport nor mean to restrain them from voting for the resolution, which they reconsidered and adopted ; but we are bound to presume that this ad- vice was given, or was intended to be given, in the beef that’ one or the other of these courses that we have indicated would be followed—in other words, has been its actual effect. If the grant forbidden | precise import must be inferred by the alti of the by the injunction had not been made, all the relief that | counsel who gave it. The propriety of these rules, ‘the relators seek might be obtained in the present suit. and the necessity of adhering ,to them, will be ‘The grant to Jacob Sharp aud his associates has altered | doubted by none who hive any knowledge of in some degree the nature of the relief to which | the difficulties that beset a court in the due adminis the relators may be entitled. A decree, not merely pro. | tration of its justice, and of the means too frequently hibiting, but vacating the grant must now be brought, | employed,by a suppression of truth, to evade its authority. and hence the grantees are necessary parties in the fur- | The result of our obsercations upon that part of this case ther prosecution of the suit. They are now the real par- | which we have now considered is, that we cannot regard ties in interest, and consequently a tinal decree affecting | the declaration of the defendant heir answers to th their rights as such cannot be made until they shall have | foerth interrogatury, that they lieved that the in been brought in as defendants by a supplemental com- | junction did not purport nor mean to restrain thom isint. The necessity of a proceeding waich impedes, and, | from voting’ as they did, as ineaning that thoy,were not yy the expense and delay which it creates, prejudices, the | to disobey the positive order of the Court, by tiieir igno remedy of the relators, as plaintiffs in the suit, has arisen | rance and mistake as to i solely from the misconduct of the defendants now before | the injunction did not pro us. Reserving for separate consideration the resolutions | for the resolution in fav Sharp and his associates, paseed by the Board f Aldermen, it follows from the | ifby so voting no effect was given to the resolution as a ‘Observations that have now been made, that each of the | grant. It is truethat the declaration thus construed is t th bit the naked act ef voting defendants, by violating the order of injunction, has | irrelevant and evasive i; is be t we should been guilty of the misconduct alleged against him, and | censure it as evasive, than be force! t it as un- which, a4 a contempt of the Court, I'am required to pun- | true. We cavnot believe that there is any one of the de ish. Such accordingly, in relation to each of them, is | fendants who has been attached, were the direct ques- the judgment that I now pronounce. Thestatute applicable | tion now put to him, whether he believed that the object to the case makes it the duty ofthe Court, when the alleged _ of the injunction was to p hem from adopting as a Misconduct of @ defendant prosecuted for contempt, and its effects or tendency have been proved with satis- faction, to impore upon him the penalty of a fine or im prisonment, or both, in it retion and as the nature of the cave may require. ., p- 538, sec. 20.) When 0 reconsider, who ative reply. It is in- its meaning and ob grant the resolution t wld give any other than an deed manifest that unless s ect it had none what ¥ the Judge entered 0 the question of jurisdiction, the It is proved a penalty must follow; but the dis- and cited various auth jes. The public disobedience of the cretion of the court, in fixing the penalty, saust beex- | Common Covneil of this city*to the positive mandate of a ercised within certain limits, both im respect to the court of general jurisdiction, possessing hitherto, we trust, amount of the fine, and the duration of theimprisonment — the cont the public, was an act of no trivial it that may be impored; and that discretion, it mast alvo believe, af. portance. The history of oor country, we voted with him, ac’ed in this belief, the credit of their _ adoption was to make the grant that was forbidden, | m the disgrace of the unseemly spectacle | are, however, told by the Assistant Aldermen that | The | Aldermen whe voted for the resolution of Alderman Ster- ‘The Recent Sn Somesaighta. & 36 33, len 66 30, exchanged tevent—with the exception of Alderman We ley Sunith, pup Bulletin, Maroh J with to be from Caloutta Se ee ee ee en eens The was enacted im wark, for Boston. me made what we deema apolegy—we upon | on Thursday has been the theme of general com- ee oy Giereee, to Naylor & ach of them |= fine of $260, in addition to the | meat, and ‘has excited s universal fooling of herrer in Co. Fb 24, 29, Ss ot pean gum of $101 61 for the costes and expenses of the Le ytomeay f mast; Cape c awe hove relators, to be to them. (4 oon iaoes.) After we left the scene yesterday afternoon, the bodies to repairing Se and jib- Alderman very submitted himself Lynch, a was fort, came Frida) the judgment of ihe Gott by 0 emoneln ots eror, poe gig ered pent upon her face in the leek, Su eae remee veer| has been 10 days W of the eacl hem, hone weg t as as upon each room,, sheat ae dirk was found the Assistant Aldermen who the resolution upon the under ner aren, slotied’yite Linea! i Dutch teaches, Pant, Amsterdam, via Rams- table, we im) & fine of $100, to be paid to the trea- A hole, about six inches in diameter, was found to | gate, 44 days, to Funch & Meincke. oury of the city, in addition to the sum of $101 $1 for the | have been burnt through the floor of the back room upon Schr Rose ), Ganion, Arichat, 13 days, to A Leary, conte and expenses of the relators. In each of these | the first floor. coals Ryeeranes oegeeerel gy , bulwarka, &o, capees werent ail boteaed, oopeniing ine to | lar, and the fire had LB Pond, Crowell, 1 6 days. until the fine that been im is |. | ting the evident Schr Leo, ——-—, Rockland, 6 days. are agin See Wee Renee ef ap and Mk occu! BELOW. pproval. loand broken open, Ship Silas Leonard, from ——. Judge Exocwr, who differed with the Court as to the dep es ee Fle Rseret, Der bee ae ee Bark Swartwick ), Wahtstroone, from Smyrna Dec amount of paniciment, aidne day, was mining. ‘The hap of the trunk was broken off, | Mai rane Memnere O° core and main topmaste Exganet Sormez,. Shiekh Scones faNe iat Sn: ne the point of m three-cornered dirk knife—which had | and sails. ‘ views of this case, as presented by able opinion | evidently been used for that purpose—was in front BASLED. of Judge Duer, and agree to all the conclasions of law | of the trunk, just the lock. Brig Zenobia, Carleton, Neuvitas. stated by him, 1 am not so fortunate aa to aisent entirely | John Ryan, who was at the house on Thursday night, | Also nailed, from Quarantine. steamship Humboldt, to the j nt which he has pronounced. I will endea- | when the Carrolls went to the ball, left the place about | gouthampton’ and Havre; ships Empress of the Sea, San or, therefore, briely to state in what rewpectI dissent | nine o'clock, in company with « young woman named | Francisco; ‘ustralia, West Point, Mobile. from that judgment, and my reasons for 40 dissenting. In regard to the arsount of fine imposed upon the delin. quent parties respectively, both ‘end Assistant dermen, 1 have no objection to offer. Nor do I find fault with the judgment of the Court as to the particular | case of Alderman Sturtevant. But if it be right and pro- | perceas Tthink it is— that Alderman Sturtevant should punished by imprisonment, asthe author and pro- moter of the resolutiens and preamble which contemned the authority and impugned the motives of a judge of this Court, | am at a loas to perceive why the other mem- bera of the Board of Aldermen who approved of, adopted, and yoted for those resolutions and pesetie, should be wholly exempted from punishment of the same charac- ter. It ia true that the case of Alderman Sturtevant is marked by more prominence than that of either of his associates. Those resolutions and preamble were deliberately prepared by him, and in concosting thom, he would ‘seem to have taxed the ish language to obtain terms as offensive to the ity and as defiant towards the authority of this Court as a gentleman could well use. He was, moreover, a member of the legal pro- | fession; and whatever his opinion may have been of the propriety or | fo°Row that, nt, it imposed no restraint whatever upon | pressed in terms that render them greatly liable to | | are but the servants of the their | true import, but simply that | 1 effect of the injunction, he was bound s duty aa a lawyer and a citizen forbade such an attack upon any branch of the judiciary; and it was his hand that, igstead of aiming the blow, should haye been raised to stay such an indignity if offered to | this Court from any other quarter. I, therefore, not only concur in the propriety of imprisoning him for fifteen days, but if the judgment of the Court had been that such imprisonment should be for the full term of thirty | days it would have met with no objectfon from me. But while I grant the sufficiency of the reasons for punish- ing Alderman Sturtevant with greater severity than his associates, I cannot admit that there is just groand for #0 great a disparity of punishment as the judgment of the Court has mai between them. The other Aldermen who yoted for those resolutions and preamble heard them read and deliberately adopted and passed them, Tt would bes bed compliment to the intelligence of these gentlemen to assume that they did not understand what they were Lapa Their official sta- tion forbids any such supposition. If they were fit to be Aldermen of this city, they can claim no — on the ground of ignorance of the true meaning and import of those resolutions und preamble, for they could not be misunderstood by any one of common capacity. In sub- stance they charge a judge of this Court not only with assuming prerogative and usurping authority and juris diction without color of law or justification, out that he did so with sinister, unjustifiable, unworthy and interest- ed views—in other words, with dishonest and corrupt motives; and they deliberately avow the purpose not merely of utterly disregarding the order of that judge. but of rebuking him for making it. Nor can I discover anything in the answer of these Aldermen to the inter- rogatcry on,the subject of these resolutions and pream- ble which offers any palliation of their offence; for, al- though they disclaim the intention to offer any contempt to the lawful authority of this court, they do not disavow the imputation of unworthy motives to the judge, or that he had knowingly lent himsel Mf, as @ minister of jus- tice, to aid a device of the plaintiffs to defeat Codie y indirection, and virtually to decide the case without a trial With this view, therefore, of the position of the aldermen in regard to those resolutions and preamble, Irepeat that their offence merits punishment ip my judgment, by im- ptisonment, on the same principle as that of Alderman Sturtevant, though in some less degree. It must not be supposed that I regard the passage of those resolutions and preamble as being capable (however designed) of im- pairing the standing or even wounding the personal feel- ings of the individual judge against whom they were di- rected. Certainly, no one of the judges of thi¥ court would feel affected by them, in either of those lights. I treat it as an assault upon judicial authority, and would panish itas such. The judges, as ministers of the law publis, but they are the de- positarics of a trust which it is most important to the best interests of] this community to preserve in its in- tegrity ond plenitude. I mean the authority of courts of justice—the respect of the people for the law and those yy whom it is administered; and, painful as it may be, and as it certainly is to myself on the present oecasion, to vindicate that authority and preserve that pullic respect by severity of punishment, I regard it as a duty im the perfermance of which the judges of this court are pound not to falter. Ineéd hardly say that no public rumors as to the offi- cial conduct of any members of the late Common Council could possibly influence ~~ course in this matter; and I allude to such ramors merely for tho purpose of declaring, as I now do, that were it not for their e: apprehension of its being supposed that a willingness to ice might haye insensibly gratify some public rejud ght ‘ound its way into my judgment, I should feel much less reluctance than! do, under existing circumstances, in treating the conduct of the parties now before the Court with severity. Ihave only to add, therefore, that if the punishment in this case had rested solely with: me, I should have felt it my duty to have imprisoned every other Alderman, besides Alderman Sturtevant, who voted for these resolutions and preamble, for ten days, except Alderman Wesley Smith, who ulone has, in some degree, apologized for doing so. ' He haa acknowledged the impro- priety of the act, and, in 9 measure, excused himself, by stating that he did so without due consideration at the time. For this partial atonement I should have miti- gated his imprisonment to five days. Aldecman Doherty, although he violated the injunction by voting for the grant, had the decency or discretion to vote against the offensive resolutions and preamble, and for taking that course, I agree in opinion with my brethren, that he should not be imprisoned ; and in all other respects { con- cur with the judgment of’ the Court. Mr. Tucuarp Buereep, counsel for Alderman Wesley Swith, said that he did not wish to appeal from the judg- ment of the Court. Before the rising of the Court, the counsel on each side arranged the orders to be entered in the case. The no- tice of the appeal and the undertaking were put in on behalf of the defendants, and after some deswitory con vereation the Court decided that the notice of appeal and the filing of the undertaking would operate as a stay of proceedings. ane Field moved the Court to enter an order to that effect. Judge Duer said that it was unnecessary to do so; that if the other party issued out the warrant of commitinent pencing the appeal, they should do so at their own risk. Alderman Sturtevant will be, therefore, at large and the imposition of the fines suspended, until the decision of the Court of Appeals. Where will the Broaiway Railroad end? We do not mean the location of the terminus; but where will the litigation, the injunctions, the decisions, the speeches ond appeals, terminate? We cannot answer where. But when? Mayhap sometime in 1863. nce, aud the Intelligence from New Mexico. We have received a file of the Santa Fe Gazette for January. The proceedings of the Legislative | Assembly, as reported, have some interest, as show. be observed, is not arbitrary, but judicial, and iss exer- | fords no instance of a similar resistance to judicial’ au ise must theretore be governed by those considerations — thority. Viewed in its possible consequences, as a by which alone the mind of a judge may reasonably and | ample of disrespect and insubordination, it was calcula. {ently be influenced. Such is the meaning of the statute | ted to affect widely the peace and good order of society, | directing that the penalty must besuch asthe ‘mature and, from the A oniiict which it atened, to impair the I reflecting men in the permanenee of our To venture upon such was to aasume deep resp y—a rexponsibili $ never should ave been arsumed unless upon the t deliberation, the very best sdvice, and t i stringent necessity. Yet this reaponsibilit the act pertormed witho: zd ib i ‘The confidence of institutions. of the case may require What, then, is the penalty bhat the nature of this case, it y justly be said, re- quires us to impo-e? What the measure of punishment with which the misconduct of the defendants, on their public di-obedienee to a positive and most intelli ble order of the Court, ought to be visited? Banishing our minds all extraneous and personal considerations, pnd fixing our attention ¢ which arise bpon the evidence, and character and throw light upon the motives of the transaction what is the answer that these questions ought to receive? I shall proceed to the answer that we deem to be apyro- priate and necessary, and state the conclusions at which we have arrived, agghe judgment of my associates, as well ®& my own. It is due to the public and to the defendants that the reasons by which we have been governed in | mended and justified by the strongest reasons of pub forming our judgment shall be fully explained. This is | utility would be rejected by their s ‘ors? The resolu One of the occasions on which the interests of truth and | ticns and preambie were latroduced by Alderman Sturte Justice require that the judgment of the Court shall not | vant, and adopted by the votes of all the Alderm:a, wi sity for imm ap already shown that th» resolution «, notwithstanding the objection of the rmined to adopt, might have been adopted, had its oper ation asa grant been suspen without violating the in- junction : but were it otherwise, what reason had they to doubt that the measure which they believed to be resom- merely be declared but vindicated. Had it been proved | the exception of Alderman Doherty, who are now b | that the relators had sustained an actual loss from the | us. These resolutions and preamble, from the terins in | Misconduct of the defentants, we should have had no | which they are expressed, and the imputations which they | discretion as to the amount of the fine to be imposed They would then have been entitled to a full indemnity over and above their costs and ex | plainly convey, ali o! are regarded b; | aggravation of the contemp ul disobedien ses; and, consequent | order of injunction, but as ating in themselves @ ly, a fine Senet as divided among the defendants, | distinet and very serious offence, which we might well have would have secured that indemnity must have beenim | been required to punisb as a wilful contempt, even had oar pored. (2K S., p 596, sec. 21.) “But we think that no | conviction forced us to disclaim our’ jarisi evidence has been given of an actual loss, for whichade | We cannot give to this preamble and resolution finite sum, ax a compensation, may be awarded; andit ix | the favorable interpretation that we have been ‘Only to such loasex—lostes pecuniary in their nature, and | uryed to adopt. We cannot regard them as merely vindi the amount of which may be estimate! with cortainty— | eating the rights and dignity of the Common Council, in that the provisions of the statute can, in our | terms, it is true, not wellchosen, and somehow fashioned , be held to apply. The relators, there | but without implying any disrespect or insult to the fore, are entitled only to their costs and expenses. Judge who granted the injunction, nor conveying the In cases in v hich the defendant is adjudged to have been | slightest imputation upon his integrity or motives guilty of the alleged contempt, but no loss, beyond his | The preambie commences with saying that the judge had Costs and expenses, to which in all cases he is entitled, | granted the injunction without any color of law or jus is shown to have r ulted to the prosecuting party fine not exceeding $250, and im r & period not aix of its discretion, may inflict Bither penwity in fvll or a limited extent, (R.S., id. ex, Becn. 22,23, 25.) But we are clear in the opinion that in hore caves no yenalty whatever, beyond the costs and tifleat ‘words which hi ted to be untrue, but at le has been shown, and wh imply the charge of por of the grosseat ignorance. that as the injunction wi session it bore upon its face not inerely been demonst: ji ction if they do not necessarily ve] corruption, certainly do ¢ preamble proceeds to say, issued at the close of the character of indirection expenses of pie rewention: ought to be imposed, unless | I have no doubt that the sentence that we are about to it appears that the miseon¢ uet, as proved, was, in its na- | pronounce will be thought by many far more lenient than ‘ture, 6 criminal contempt, which, assuch, the Court, for | the nature of the case, and the observations that I have ‘the seke of a pubke example, and for the necessary main made, could ju'tify. But there are many circumstances fenance of its own rights and authority, is boand to pun " which have induced us to think, in the existing state of ‘and such, we apprehend. is the settled construction | public opinion, that it is far better to err upon the side of of the statute Hence + #6 cason, the first neces | moderation than upon that of severity. The most aggrn | ol contempt was wilful | vated case is that of Alderman Sturtevant, he was tho ene undesigned, the result | author of these resolutions. His framing and pro. of ;o-donable ignorance, error or inadvertence, or a de- | paring these renolutions was & deliberste act Vibe ‘¢ act of conscious disobedience. And when the diso Their adoption by his brethren might have been be...) coin shown to have been intentional, and the ques | the result of haste and passion. His case, therefore, must be distingushed from the others. The sentence as te Alderman Sturtevant is, that, he shall be imprisoned in the City Prison for the term of fifteen days: and be shall pay to the city treasury of $260, and to the relators, costa and ex $102 07. (Applause and bi ich were imm “lia! suppressed by the officials relation to each of the ing the eae of a New Mexican Legislature, It seems that the House sat all night on the 22d of December, or until four o’clock on the morning of the 23d. According to the report of its doings on tbat occasion, the House frequently, in \the series of voting, reversed its own acts and decisions. A motion was finally carried, that all subsequent mo- tions be cut off, and that the main question be put on the motion of Jose E. Ortiz, making it an offence | finable in a sum not less than $5 nor more than $15, | for any members to introduce any measure for the | a petition tothe Legislature praying that I might be P f 6) pay »ose of delaying the action of the House. r. Wheaton and others exposed the irregularity of this motion, showing that it was repugnant to all parliamentary rules. Messrs. C. Ortiz and F. Pino supported it. But the main question was staved off till the hour of adjournment, ten minutes after four, on Wednesdey morning. M. Miguel Antonio Otero, a young gentleman some time a student at law in St. Louis, and since his re- turn to New Mexico ehosen a representative from his native county of Valencia, has been ejected from his seat. Mr. Otero has published a protest in the Gazette, which is written with ability aud man- liness. As an illustration of the Mexican mode of doing business, we quote of this document:— Un ‘he 24th of December, 1 Gutierres presented ejected from a seat in the said Legislature. on tho ground that I wae not legally qualified to hold said office, on count of not being of sufficient ago, and claiming the seat for himself upon grounds whieh I am unable to per ceive; not alleging that he had the majority of the qua- litied ‘voters of the said county of Valencia. ‘The Legis lature took the said petition into consideration and without pursuing the ueual, customary and legal eourse in euch matters, refused to refer the said petition to the proper committee, and by sueh refusal denied me the right to be heard in defence by counsel or testimony; and in this extraordinary and yummary mode of pro ceeding, have denied to me a seat in the legislative body. After these specimens, we do not suppose anybody will contest the Ug orice of a plain speaking cor- 2 gas of the Gazette, who thus delivers him- self: We say, without hesitation, that the mass of the peo ple of New Mexiee @® not understand the first principles of a republican goverwment. The Governor has appointed asa Board of Com- missioners for the building ot a State House, the fol- lowing persons:—Preston Beck, President; Manuel Alvarez and Francisco Ortis y Delgardo; D. V. Whiting is Secretary of the Board, and Judge Houghton, Superintendent. A New Comet.—A communication from Pro- fessor Bond to the Boston Advertiser dated 9th inst., says :—‘' A comet was discovered last evening, at the Observatory of Harvard College, by Charles W. Tuttle, assistant at the Observatory. It was situated about five degrees south, preceding the bright star Rigel. The comet is considerably con- densed towards its centre, but no definite nucleus was noticed. March 6, at 9h. 24m. Comet AR, 4h. 46m. 46s, . 104. 54m. 598, Daily motion in AR, be minntes decreasing. in deo., north. Star of comparison, Weise, IV, No. 1,031. Ellen Flynn. Nothing has been el with the foul deed. Aman named Arthur Spring, who is said to be an old eonvict, and in the habit of going to Carroll’s house, has been arrested at the tavern of Patrick McGuire, at Schuylkill Front and Market streets. It was stated that Tyo his departure, had cautioned his wife about him. On searching the room he occupied, a shirt that had been taken off that morning was found, the breast of which was stained with blood, as was also bis coat and pantaloons. He explains this iy stating thet the blood came from the fight with Mr. Carrol evening, when he received a blow upon the lip whic made it bleed copiously Spring had formerly been in the employ of a confec- tioner in Market strect, near Thirteenth, but for the last month was without employment. The brown overcoat found beside the body of Mrs. Shaw is claimed by Carroll as his own, and he can only account for its being there tal the supposition that the murderer threw it into the blood, after examining it to see that there were no valuables. The mode of entering the house hus not been explained, but there can be no doubt that a robber could easily obtain access by an open window at the head of the first jue of stairs. In order that the reader may judge of the appearance of the bodies of the deceased, we give the report of the ted had been loitering about, and apparent ing | ever since he received his pay; and Tynch, elos fa on, Wednesday | ysician, Dr. Levis, who was assisted by young Dr. | "Gn the body of Mrs. Lynch was found s geld ring on the pubis, and a leather sheath of a dirk Knife ugder her left arm. The wcunds were as follows :—On the right hand, between the fingers, there were several ; also several on the lower part of the right arm ; one penetra- ting wound on the upper and front part of ‘the abdomen, on the left of the mestal line ; eleven penetrating wounds ov the front of the thorax, most of which penetrated through the mammary glands, five incised wounds on the right fore-arm, making ten in all on this arm and hand ; five punctured wounds on the left thigh, one near the left knee ; a wound two and a half inches long on the right side of the chin ; a small incised wound at the right corner of the mouth ; one wound on the left side of the | front part of the head, and one wound on. the right and back part of the head ; one wound on the left side of the neck above the collar bone ; one wound on the upper lip ; four wounds penetrating the cavity of the chest ; ono wound on the left side of the chest, between the second and third ribs, penetrating the left auricle ; ggyo wounds penctrating the right ventricle of ,the heart ; quan: tity of blood effused in the cavity of the thdtax—in all forty-one. On the body of Mrs. Shaw there were found five pene- trating wounds on the front part of the chest; one wound on the left band ; one on left fore-arm ; pal ; three penetrating the cavity of the chest ; one | slightly wounding the heart; one wound in the right lung. ‘In all seventeen. 1e bodies were removed to the green house, at a late hour last evening, by direction of the coroner. Jobn Ryan was last night discharged upon his own re- mizances. fhe neighborhood of the scene of the murder was thronged during this morning with curious crowds gos- siping on the frightful theme, and eager to learn every item relating to the matter. The affair is still involved ip deep mystery. No cer- tain trace has been found of the assassin, although sev- eral persons are in custody awaiting an examination. The appearance of the house to-day is desolate in the extreme. The’ room in which the murder was commit- ted is kept closed; the carpets are stiffened with the blood which has become dry and hard. In the back room, on the first floor, there are two daubs of blood on the wall and upon the jamb of the door, as though the struggle might have commenced in that room. Mr. and Mrs. Carrol are kept under th» eye of officers in the second story front room, No persons are permit- ted to converse with them. st twelve o’clock to-day, the coroner's l, and renewed their efforts to unravel the dread mystery. William B. Reed, Esq., the District Attorney, took part in the inquest. Thomas K. Gadsby, the proprietor of the Star Hotel, in Bread street, was sworn, and testified to the fact of the ball taking place at bis heuse on Thursday night; he knew but few of the persons at the ball; Mr. Currol camo there first between nine and ten o’clock; Mr. and Mrs. Carrol were not together when he first saw him; he was perfectly sober when he came, but got very drunk sub: quently; I noticed, hg Bee the morning, that he was Yery drunk: Carrol was liberal in spending money. je (Carrol) spent some gold, but principali dicn’t know whether he left the ball during the Mrs. Carrol left the house first; Carrol was take: by the officer; I heard that Carrol’s brother wi saw him; think he had a light coat on ; he was there during the night; he drank some, but kept sober, and mace no display ‘of money. Hannah isby, the wife of the last witness was sworn—Saw Mr. and Mrs. Carrol at the ball; did’nt soe ‘here; them till nearly,12; they appeared to be enjoying them- | selves; young Carrol was there ; he had a light drab coat on; I never saw any of them before; I don’t remem- ber what time Mrs. Carrol left; I can’t tell what time young Carrol left; he seemed to enjoy himself; I can’t tell what time the music stopped; think one or two o'clock; Mra. C. stayed Ul after daylight; 1 frst saw young Car- rol about 12; he had on an overcoat which he kept on all night; don’t know what time young Carrol left. Francia Smith, Jr., sworn—I live at 22 South Fifth street; Ihave known both the deceased since 1847; they made thirts for me; they were good respectable women; Ihave seen Mra. Shain intoxicated; saw Mrs. Lynch about the 15th of February; saw Mrs. Shain about week since; have been here about work often; never heard them express fear or apprehension of any one Mrs. Margaret Lovan, sworo—I live in Fetter lane; have known Mr. Carrol three years; was at the ball on ‘Thursday night; Mr. Carrol came in about nine o'clock; they (the Carrols) were in our company all night; I saw young Carrol there; don’t know what time he came. I saw Mrs. Carrol drink liquor through the night; she had a bonnet on when she came, but she left it at the tavern in the morning, because it was raining: Mc. Car- rol was not out of our company as long as haif an hour | at any time durin There was no the case. About two o'clock the coroner's jury rendered the fol- lowing verdict :—': The deceased came to their death by wounds inflicted by some sharp instrament, whichYpene- trated the heart, and by blows upon the head, with a blunt instrument, in the hands of some person or persons unknown, on the night of the 10th instaat.”’ the night, urther evidence elicited bearing upon TELEGRAPHIC. Pwapetraia, March 3, 1353. The vicinity of the late murders has been thronged the whole day. The house has been closed, and the bo- dies removed by the coroner. The funeral has been de- layed, in order to await the return of Mr Lynch from New York, who is anxiously expected, to ascertain the amount of money carried off. Circumstances show that the blow given with a leaden pipe, which felled Mrs. Shaw, was inflicted by a left-handed man. The suspi- cions against Arthur Spring are increasing, from the fact that he is left-handed. The steamer Emma Watts was sunk in the Wabash river, on Friday last by coming in collision with the steamer Hermann. No lives were lost. rr eee MARITIME INTELLIGENCE, Movements of Ocean Steamers, NAMES. ‘LEAVES roR DATE. City of Glasgow... .Liverpool......Philadelphia Canada Boston... LLU Aspinwali Ap Golden Age: Australia .vabt May 15 Rar AU packages and letters intended for the New Youk HEKALD are requested to be sealed. ALMANAC FOR NEW YORK—THEN DAY SUN BER... ++.6 16 | Moow RISES. .,.,morn 10 54 SON SiS, -6 04 | miGH WaTRA, vw 11 31 "Port of New York, March 13, 1853, ARRIVED. R M Steamship Africa, Harrison, Liverpool, Feb 27 with mdse and passengerr to E Cunard. Passed R steamship Canada, from Boston going up the ehannel. The A experlanoed ‘very heavy gales from W. Ship Jane D Cooper (of Boston), Cowell, Liverpool, 20 days, to Williams & Guion. Experienced heavy weather; ost bulwarks, kc, Has been 120 etd W of lon 55, Ship Mountaineer (of Warren), Robinson, Liverpool, 26 days, to master. March 3, iat 4260, lon 59 12, saw steam rhip Warhington, hence’ for Southampton and Bremen, 7tb, Int 41 06, lon 6440, saw a three masted steamer, steering NE, Ship Ohio, Conkling, Glasgow, 30 days, with 41 passen gers, to J W Philips Ship Hermine (Brem), Rascher, Bremen, 47 days, with © passengers, to Pavenstadt & Schumacher. Ship Ophig (of Bath), Wood, Cronstadt, Oct 20, via Co- penhagen, 6, tomaster. The 0 putinto Copenhagen in distress, having experienced heavy weather in the North Sea; split sails, &c. Since Rearing the Grand Banks, experienced heavy gales from NW; sprung head of main and mizzen masts, stove bulwarks, headrails, knees, &c, and have not been able to set a sail but apenker on mizzenmast. The O was 38 days to the bar. Ship Rhine (of Bath), Barnes, Newport, Ti Ada to rk John Onskie (of N Wmryseish, ioyaes Paleri low! 5 hy Bog Yan Fi, Chacaberiain, Hopin: won & Co. White, Cadis, 41 days, to ‘Wind during the day, W to N. Ship Constellation, grr on Frida; chored at the 8 W Spit on Th changed signals 1st inst, lat 42, lon pool, hence for Liverpool. Ship Star of the West, arr yesterday from Liverpool, passengers, on the 6th inst, iat 43 30, lon 61, ex- rienced a gale from NW; split fore and main topsails. Poresail, and fore staysail. Had westerly winds since leav- ing the Banks. from Liverpool, an- evening. She ex- Be, with ship Liver- ee ‘SreaMsie Arica.) AntweRr—Arr Feb 23, Lg renee Barstow, NOrleans. Borpeaux—Lag Feb 23, Marion, Agir, Louisa, i Perseveranes, and Alma, for NOrleans; Brothers, Raven, Czarina, Governor, Carl F, Isabella, and Nautilus, for NYosk; Margaret, Mary, and Dale, for Philadelphia; Robt Srrcouf and Suzanne, for San Francisco. Barcgiona—Arr Feb 7, Colon, Mar, Charleston; 8th, Maria, Maristany, Mobile; 9th, Eliza, Roses, Charleston. Brisror—Sld from the Pill Feb 25,’Warrior, Young, (or McLean) NYork, (before reported bound to NOrleans.) Brouwserspaveys—Put in Feb 21, Ernst Moritz Arndt, Rust, from NOrleans for Rotterdam. Cowm Arr Fev 25, Franklin, (s), Wotton, NYork, and roceeded for Havre. i Caxpirr—Sld Feb 22, Katahdin, Morse, and Mary Ward, Moody, NOrleanx; W A Cooper, Sears, NYork. Dsat—Arr Feb 24, Sou! pton, Tinker, NYork for London. GRAVESEND—Sld Feb 22, American Congress, Williams, NYork. Grumspy—Put in for shelter Feb 22; Washington, Dan, Giascow—Sld Feb 22, Tat of the Lake, Duncan, Bos- ton; 28d, Competitor,’ Trepey, do; America, Beckwith, NYork; 24th, Themis, Cavanagh, do. Greenock—Slid Feb 24, Elbe, Keydtmann, NYork. Lag in the Clyde, St George, Lady of the Lake, Amelia, Clare, and Fame, for Boston; Wanderer, for Providence; Elbe, Champion, Themis, Arabian, and Odessa, for NYork; Ann Jenkins, and Eva, for San Francisco. Hitvom—in port Feb 19, Hrrmonie, Bouma, for NYork, ready. Havre — Arr Feb 23, Helvetia, Marsh, Savannah; 24th, Charlemagne, Singer, and Brothers, Baxter, NOr- leans, "Sid 20th, Emperor, Hager, NOrleans (after put: ting back.) Lag, Fortitude, Muscongus, St Denis, Orlando, Sea Duck,’ Persian, Junius, Helvetia, John Spear, Finland, and Franklin (3), for NYork; Globe, Inca, Isnardon, Ra. dius, and Belle Assize, for NUrleans; Arche d’Alliance, for San Francisco. Kinsatx—Put in Feb 20, William Myles, Conrey, from Liverpool for Boston, having sprung & leak; Livenroo1—Arr Feb 22, State ton, Savan- na; Abbotsford, Rogers, Baltimore; Mary Scott, Boston; ‘Woodland Castle, Barclay, Charleston; William & Mary, Stinson, do; 23d, Northampton, Reid, NOcleans; Ontario, Holmes, Charleston; Speed, Grundeli, and Constitution, Britton, NYork; Chaos, Dunton, Savannah; 24th, Albert Franklin, Loog do; ‘Magistrate, McKenzie, NOrleans; 26th, Atala, Thompson; Onward, Chase; ' Otseanthe, Young; and Screamer, Skolfeld, NOrleans; Joseph Porter, Blackie, Charleston. Sld 25th, Bengal, Bray, NOrleans; Manhattan, Peabody, and Henry Clay, Caulkins, NYork ; Cornelia, Davis, Boston. Cid out 224, Atlas, Maginnoss, NYork; Cheshire, Rich, Mobile; 234, Chase, White, Boston; N Biddle, Gerrish, apd Manhattan, Peabody, NYork; fateraational, Brown, NOrleans; Jenny Wren, Johnston, San Francisco; R Page, Strickland, NOrleans; 24th,’ New World, Knight, and Conqueror, Boutelle, NYork; 25th, Saxon, Crosby, Norleans. Also eld, no’ date, Switzerland, for Phila: elphia. td for ldg 224, Claiborne, Dumas, NOrleans; 234, M King. McFarran, Wilmington; Ellen, Webster, Panama and San Francisco; 24th, Andes (s), NYork; 25th, Onta- rio, Holmes, Charleston; Hemisphere, Pray, NYork. lag,’ Cherapeake, for Baltimore; President, Or. phan, E O'Brien, Lancaster, and Sciota, for Boston; On- fario, for Charleston; Harriet Angusta, for City Point, Va; Jan NCooper, Shanghae, and Saxon, for NOrleans: Vincez Priesnite, Wm Rathbone, Southerner, Fingal, New World, EZ, Progress, Abby Blanchard, Conqueror, Fide Ua, Forest State, Compromise, Hise, Geo Washington, Universe, Andrew Foster, Vanguard, Kate Hunter, an Forest King, NYork; John & Albert, and Wales, for Phi- ladelphia; ‘Ann Cheshire, and Ko-i-Noor, for San Fran- cisco Lospos—Entd inwards Feb 24, Andalusia, Wilson, Shanghee. Entd out 26th, Moulton, Steward, Sen Fran: cisco. Lég Odir, Ehlers; Northumberland, Spencer; Eric, Cure tis, and Wisconsin, Scott, for NYork; Sovereign, Nichols, and Prince Charlie, Kerr, for San Francisco. Mausxriize—Sld Feb 23, Aigle, Poupard, NYork. Lag Feb £2. Idea, Monte, and Trenton, Canessa, for NOrleans; Irene, Arbman, for San Francisco; Progresso, for NYork. Mmctva—Sld Feb 9, Hope, Patch, NYork, Newrort—Cld Feb 22, Idas, Churchill, Providence: Wasp, Page, Wilmington. Ovoxto—Arr Feb 8, Cruz 1, Anocha, NYork. Portsmouri—Put in Feb 23, Ubland, Wachter, from N Orleans for Bremen. Pout Vexpris—Sid to Feb 18, Mont Bearn, NYork. Quxexstown—Arr Feb 21, Atalanta, Thompson, NOr- leans; 224, Free Trade, Larson, Philadelphia, Put in 234, Leader, Crosbie, from Norfolk, Va, for Liverpool. Rocuziie—Arr to Feb 19, Alice Yarleton, Smith, and Franees Palmer, Smith, Havre, both to load for NYork. Suco—Arr Feb 22, Dromohair, Pyne, Glasgow for N York, and remained 35 Surps—Entd out 24th, Mountaineer, Smaill, NY ork. Warrrrorp—Off Feb 21, Silas Greenman, Spencer, from NOrleans for Liverpool, and proceeded 224. Livrrroot, Feb 22—The William and Mary arrived here yesterday, sailed from Charleston, Jan 4, and had wea- terly winds until entering the chops of the Channel, when she encountered strongg gales from NE to SE. On Feb 4, caw a ship with all her masts cut away and aban- doned, lat 50 lon 11. ‘The Chaos arrived from Savannah, lat 38 N, lon 67 W, experienced a sovere hurricane from SSW, lost’ bulwarks, &c; had westerly winds till reaching the chops of the | Channel. 25th—The Ontario, Holmes, arrived 234, from Charles- ton, was in coutact during a snow storm, on the 8th Feb, with a vessel, supposed to be a brig, which disappeared immediately after the collision The O was struck in the starboard majnrigging, had chainbolts started and one shroud carried away. The Onward, Chase, arrived here from New Orleans, when off Scilly, 11tn inst, was in contact with the Mary, of Annam, from Lisbon to Liverpool, which lost her bow: sprit; t oof her crew jumped on board the 0, The Mary was seen the following day. Havre, Feb 23—The Merchant, Luke, has arrived with 324 bales of cotton, from the Am ship Caspian, Delano, frcm Charleston, on shore in Torbay The Am ship Sheffield Lewis 589 tons, has been char- tered at New Orleans, to load cotton for Havre, at 1% cente, 24th—The schr Enfield has arrived fiom Brixham, with 128 bales cotton, from the Caspian. Burxuas, Feb 24—The Am ship Caspian, Delano, which was on shore on the beach at Elbury, in Torbay, came off last night’s tide, and is being towed to Plymouth by the steamtug Monarch. Sureips, Feb 23—The Am ship Moslem is ready, and if weather will permit, will enil next tide. ‘The Sea Nymph, for the United States, would have proceeded this morning butfor a boy absenting himself. Lispox, Feb 18—The Chusan, Montague, from Sunder- land for California, put in here Feb 12, leakygin her top- rides, having experienced heavy weather, and must lighten to be caulked. ‘The Bride, Dart, from Cardiff for New York, put in here 15th Feb, making water, and with cargo shifted, and loss of bowsprit, jibboom, &¢, and must partly discharge. Panis, Feb 25—A considerable quantity of cotton was picked up on the coast of the U States, by the Holveti, jarsh, from Savannah, arrived at Havre. Telegraphic Marine Reports, Boston, March 13. Arrived—Ships fabine, Calcutta, Nov 15; Clariasa, Liverpool (she encountered a rough passage, and sustain: ed considerable damage to the rigging: spoke, no date, off Cape Aquillas, ship Young Phanix, of and for N Bedford, with 100 bbls #p and 350 bbls wh oil), fe oemensensenacessin Herald Marine Correspondence. Pmapetraia, March 13—4 P! Arrived—Steamship State of Georgia, Collins, Savi nah; bark Camilla (Prns), Otto. Bordeaux 40 days; brig Mary H. Crowell, Boston; schrs Hamlet, Hall, Providence; Jobn Lancaster, Ross, NYork. March 12. Cleared—Steamer City of New York, Matthews, Boston: barks Louisa Kilham (not +chr), White, Havana; Chas E Lex, Harper, Port au Prince: achra Margaret (Br), Ster. ling, Halifax, NS; John Gilpin (Br), Collins, Ragged Island, Chas H Rogers, Steelman, Oienfuegos. Disasters, &e. Seo news by steamer Africa for disasters to American weesels, &c. Currrr Sm Gounxn Eacun.—The following is an ex- tract from a letter of Capt Samuel A Fabens to the owners, dated ‘off Rio Janetro,”’ 20th January, describing the accident which befel the ship:—‘ We had a favorable sage till our arrival in latitude 38 02 south, and longi- Fide 48 14 went, 36 days out, when, during | bard galo from the west and south-westward, we bee gt a tremen- dous res forward, which instantly crus! in the gra- tings over the head, breaking offor po ges 3 all the knees breast hooks, &, above the main deck, opening the top- gallant forecastle, tearing off tho main rail, and stripping off the outer planking above the main deck as far as the cat-heads is unfortunate accident took place between 5 and 6 o'clock, AM, and as I was on deck at the time, the ship was immediately put before the wind to examine the damage. The hull is to all appearance (except the above named portions) as sound as over, but as the clamps, breast hooks, knees, &c areall gone above the main deck, with the outside oer I was obliged to come to the conclusion that it Iwas expoorible to repsir her at sea. Under these circumstances, wind being dead ahead for River La Plata, we kept on for this place. ‘We were doing exceedingly weil, and at the time of our accident, were tour days ahead of the gl Repeal evs poms, tap artes eves Eevee See ' ho circumstances should have reached Horn io i] from Boston.”’” Dates to the ‘M8th state that the neecs. eary repairs would detain ber only about ane week. i E i i FFE i i aL i Hi f | i He « a i i i if i i cI a ; i 3 Bs eat 28s ail H i i f g g E3 g i i t Philadelphia 11th, since the 24th ult, Bevingcsew heavy gales from W to SSW. In & large ship’s mai it, and nev vessel, com) ion slides, water; at same timo pase- Li Gumage to tpars and Fag the "veto. be: mage to spars an ; ver 3 fore the win, Dut she would not mindherhelm. ~ Br Bria Virruvivs, at Philadelphia from Bshia, in a heavy gale from NW, 4th instant, lat 30 10N, lon ot 'W, was thrown on her beam ends, but soon righted; ung mainmast, started stanchions, lost jib, foretop- sail, main staysail, middle staysail, galley and watec casks off deck. Scur Satty ANN, at Philadelphia from Trinidad, on 6th instant, lat 82, lon 75 40, in a heavy gale from SW, oar- ried away foretopmast and head of foremast, split fere- solom Azsr—The bull, saila and rigging of this vessl —The hull, nila and rigging of 4 ashore at Cape Island, N J, have oa sold at auction, and the whole went off nt a trifle. Scur R P Kina, hence for Philadelphia, before ed ashore at Cape Island, N J, got off without pathy od any injury Stabe aad lene on ber way to Philadel. phie. Her deck load (mahogany) which was throwa overboard, is secured on the beach. Notice to Mariners. Custom Hovsk, New betta Collector’s Office, March 11, 1853. The light vessel President resumed her station at Sow and Pigs the 10th i: and is moored to the sout ‘ward and westward of her former station, in 814 fathoms water. The following are the bearings and distances of the prominant headlands from her moorings :—Cutty- thunk Lighthouse NE % E, distant 2% miles; Dry Pigs same bearings, 1 mile distant from the westernmost part of the Ledge; Gay Head Lighthouse SE 3; KE, distant 7 miles; Noman’s Land SSE distant 12 miles; Dumplin Lighthouse NE by N 34 N, distant 12 miles. ‘WM. T. RUSSELL, Collector and Sup't of Lights. ‘Whalemen. Arr at New Bedford 10th, ship Gideon Howland, Jerue- ~ n, Honolulu, Nov 1, 3,000 bb!s whale oil, 40,000 lbs bone. Broke Deo 27, lat “65'508, lon 72.20W, Caravan, of Fall ver, clean. Spoken. 6 Brig Heinrick Von Gagern, from Baltimore for’ Ham- burg. Feb. 18, in the North Sea. : Sehr Y Darling, from Brookhaven bound S, $d inst, lat 84 30, lon 71 50. Forelgn Ports. JIeneure—In port Feb 26, brig Sylvina, Eldridge, from and for Boston 6 days; schr Agate, Roberts, do do. Lacvayra—No Am vessels in port abt Feb 23. Maxnrinique—Arr Feb 1, schr Wm Pickering, Loud, Sa- lem (Jan 15); bad experienced a severe gale 4 days out, lost forerail and jib; the mate fell from aloft, breal his shoulder and leg. Port au Paxorin port Feb 20, schrs Corone! (Br), Stanwood, for Aux Cayes, to lond / Porto Amelia, Page, ckels, Swoet, for Cametto—In port Fe! unc; Euphemia, for NYork « Saavua—In port Feb 27, ba NYork 2 days; Dency, Ave jo; Chilton, Pen- nell, for do 4 days; PE siley, from NYork, just arr; Pacific, Sawyer, do do \atelope, Comery, for do: briga EO Holt, Dolliver, for do, idz; Canima, Elliott, for do 2 days; Baron de Castine, Atwood, from’ Havana for NYork 4 aulina, Taylor, wtg; William Moore, Faton, from just arr; schrs Governor, Wateom, for NYork 4 days; Cameo, Pettengill, wtg; Martha Hall, Cramer, from Bath, just arr. St Carnarines—Arr Dec 2, bark Gold Hunter, Nicker- son, from Belfast, Me, Nov 3, for San Francisco, all well. 8 Taomas—In port Feb 25. ship Flying Arrow, Tread- well, from Boston for San Francisco disg and repairing; had got lower masta out. Home Ports. BALTIMORE—Arr March 11, brig Frances Jane, Y St. Johns, P R: sehr Samuel R Paynter, Neal, NYork. achrs Mary A Forrest, Forrest, Rio Grande and a market; Geoie Robertson, Beauchamp, Gusyams, P R, and market. BOSTON—Arr March 12, bark Ella, Lennan, Babia, Jan 20; brig R_L Palmer, Park, NOrleans. Cid ship Tri- mountain, Rea, NOrleans; bark Lion, Alexander, Buenos Ayres; brig Ospra (Dan), Peterson, London; Abigail & 5 urling, Cai as; Andrew » Raynes, do (from Calais) ; Token,’ Smith, Norfolk ; sobs Agnes, Lord, Jacksonville; Hudson, Havener, George- town, 8C; Treasurer, Burroughs, Philadelphia; R H Moul-, ton, Davis, St Domingo City; steamer City of Boston, Clit ford, PhHadelphia. BELFAST—Arr March 7, schr Rattlesnake, Parker, Norfolk. Sid, schr Lydia Brooks, Rogers, NYork. RLESTO! eamship Marion, Berry, NYork; ship Laurel (Br). Graham, Liverpool, 42 days; barks Jasper, Bennett, NYork; Velocity, Taylor, Bostoa; brig Calf (Dan), Gerstrup, Liverpool; schr N W ¥ smith, NYork.’ Below a Br bark. ‘Cld bark Carnatic, ‘talker, Liverpool; brig Francisco (Sp), Roig. Baroslona; sebr D B Warner, Harmon, NYork. Sid 7th, brig Moses, Wicks, NYork. FALL RIVER—Arr March 10, schr Virginia, Hoald, Al exandria. HYANNIS—In port March 11, schrs Samuel Gilman, Bee- ry, NYork for Rockland; Sarah & Adeline, Rurgess, 'hila- deiphia for Boston. |OLMES’ HOLE—Arr March 11, 11 AM, brig Abby ston. sehr Sachem, Jones, Clark. Sagua, Feb 27, for Boston. HARTFORD—Arr March’ 11, steam Thresher, NYork; scht A G Hazard, Gaines, NYork. Sld Mareh 10, steam schr Seneca, Chalker, NYork; schr Fannie Hazard, Gaines, do. _NEW BEDFORD—Sid March 10, schrs Berenice, Lane, Norfolk; 11th, Cornelia Young, NYork. NORFOLK—Arr March 10, ship Currituck, Foster, Liverpool ; brig Brothers, Wyatt, Cienfuegos 11 days; tchr R P Brown, before reported in Hampton Roads frou Porto prays, as a prize. NEW ORLEANS—Below March 4, PM, ships Jessie Munn, Thornbill; Chas Chaloner, Flizabeth Bentley, Bell Rock,’ Sesostris, and John $ Harris, from Liverpool; Union, from New York; bark Fglantine, from Boston. Cld ehips Mohongo (Br), Corish, Liverpool; St Louis, Den- nis, NYosk; Toulon, Rich, Havre; Lancashire, Blanken- ship, Havre; Conquest (Br), Wilson, Liverpool; barks Sa- tellife, Armstrong, Antwerp; Hyperion, Perkin, Boston; schrs Powhatan, Caro, Pensacola; Dismond, Mack, do; Sarah Bladen, Delpit, Mobile; G B Mathews (Br), Robin- ron, Belize, (Hon); Walter M, Rowe, Pensacola.’ Towed to sea 27th, ships Ariadne, Havana, Oregon, Royal Victo- ria; bark ME Trout, Mellaudon; brig Wappo; schrs Midas, Major Barbour, and J Fernandez. NEW LONDON—Arr March 11, brig Rainbow, NHaven for Porto Rico; schra Robeces, and Joseph Farewell, Rock- Jand for NYork; sloop Ameries, New York for’Provi- lence. PORTLAND—Arr March 10,schr L W Pierce, Pierce, Nor- folk; 11th, bark John Aviles, Chase, Matanzas; ‘brigs Norman, Novens. Trinkiad; Matanzas, (Iate Stover.) Ma- tanzas for Portsmouth, No A ah beh Bar: 8 out, had one man sick on board;) Harriet, Orcutt, Camden for Savannah: schrs Pacific, Yates, Damariseotta for Jack- sonville; Acklam, Fossett, Bristol for Richmond, Va; Ma- ry Augusta, Watis; Sarah Seavey, Barter, and Robt Mil- ler, Wilson, St George for Virginia; Malabar, Cottrell, Searsport for Savannah; Medora, Rhodes: A Sawyer, Has: kell; Albion, Hart, and Gannett, Haskell, Rockland for New York. ’Cld 1ith, schr Moro, Snowman, Boston: PHILADELPHIA—Arr March 11, ee Foster, Cro: Boston: schrs Maria, Baker; Geo Edward, May, an¢ Alert, Hall, do. Cid ‘steamer City of New ‘York,’ Mat- thews. Boston PROVIDENCE—CId March 11, bark Weather Gage, Carr, Apalachicola; brig Reveille, Conant, Havana, “Sid ache Philadolphia; sloop Harvest, Susan Ludwig, Walden, French, NYork. ROCKLAND—Arr March 4,achr Richmond, Arey, NYork; ith, brig Lancet, Blaisdell, Savannah; schrs Bay State, Verrill, and Justina, Hewett, NYork; 8th, Ontario, Has- kell; Melbourne, Hix, and Alfred, Hillman, do; 9th, Rich- mond, Wood, do: 10th, Gazette, Witcher, do, Sid 4th, sebrs William $ Brown Holbrook, NYork; 8th, Joseph Farwell, Alexander, and Fountain, Buoklin, NYork; Paw- tucket, Ulmer, do; '10th,“Ganet, Haskell, and Jane Ingra- bam, Wheeler, do. SALEM—Arr March 11, schrs Sarah Moore, Black, Bucks- port for Charleston; Charlotte E Burk, Rose, do for Pen- sacola; Clarissa, Gilkey, Scarsport for Savanaah; 12th, brig MShepard, Manning, Para. Cld 11th, brig Hearieo, Wheeler. do SEARSPORT—Sid March 1, scr Sultana, Carver, Sa- vannah SANANNAH—Arr March 8, steamship Alabama, Lud- ow, NYork. Cld sehr Moses G Leonard, Pierce, do WILMINGTON, N€—Arr March 7, sehr Elouise, Robin- son, NYork: Harvest, Williams, Boston. Cla March 7, brig David Duffell, Zoll, NYork. Passengers Arrived. Liverroo1—Steamship Africa—Mr Goldschmidt, A A Tone, Mr Gerson, Mr Butterfield, WH Franeis, GL Lay, Mr Meyers, bearer of despatches, Miss Meyers, D Robert- son, Mr M'intyre, Mrs Murray, two children and nurse, J W becker, G Cary HB Wilson, (Pe ig Mr Warre, J Fiora, J Goody, J Feran, T Manning, Mr Marsh, Mr Oa- malet, Mr Richardson, J Riddel, Mr Getz, Mons Caussidiere, Mr Bristed, Mr Valerio, WS Henderson, J B Langlois, Harty, J Whyte, E Meyers Jr, W Taylor. H Beals, i Fre- chett,’ Mr Munos, J Fowler, A Fenk, W Hook, G Mooney, Mr Kossel, Mr Newman, Mr Bonnet, Mr Laral, Mr Ander: son, J Rudsel, Mr Quartly, five children and vervant, and Capt Metcalf. Passengers Salled. Savaxnan—Steamship Florida —Dr WB B jugbee and lady, Hon SG Arnold, lady and child, A'S Porter, B Hale Jr, Mrs T Hale, Miss Ward, Dr Borland and lady, Mra W B Green and servant, Dr $ N Dawson, Dr T F Nolan, AJ Warford, C A Shelden, F S Johnson, J'W Beach, J A Wil- bur, J A'Fryer, D W Simmons, @ N’ Staley, G Potter Jr, V Foley, AFink and lady, J’ Allen, NM Hyatt, Misa Fink, 16 Martin and lady, H G Ketehum, J Felter, JH Merry, Mr Cornish, WS Davis, RC Scott, J C Becks, OH Jobnson, RB Hunter, L Cowles, D C Spaulding, D T Rieb- ardson, WHI Beall, Mrs Auduine and friend, KR Morgan, lady and child, A A Bemsor and lady, Mra Silver, M Pret ant and iY, Marter Pre {MC Brown, H V Snell, H Raynor. A’ B Price, Miss Clark, J H Btake, Mra MO Flanigan, L Gardner, J Newburger, S B Palmer, H Sibart, O P Hull, W A Moore, W Humphreys, A T Har- —16 in the stecrage. (CHMOND, NomFOLK AND PSTRRSBURG—Stearser Roa- A Waterhouse, ee M Bose, ley, A Daniels, N' Hotchkiss, ? Shorwha, Elae, Mrs EM J Robinson, W Do: CH ee Betkatt O Snell, AN Mise M Wood, iiss A Snell JM ‘aa Mre , WR Well, E ‘Wolle—06 im the etperage,