The New York Herald Newspaper, April 23, 1853, Page 2

ARRIVAL OF THE CRESCENT CITY. Interesting Intelligence from the Pacific, a, &, ke. The U. 8. M. steamship Crescent City, Capt. M’Gowan, arrived yesterday morning from Aspinwall, having left ‘here on the evening of Tuesisy, the 12th instant. The mext day, when 150 miles from Aspinwall, she passed ‘the steamer Falcon, from New Orleans for Aspiawall; and en the 14th, in lat. 14 24, long. 81 40, passed steamer Pampero bound to San Juan, from New Orleans. We have reeeived files of Panama papers to the Sth inst. A party of ladies and gentlemen, from South America, ‘wore robbed, during their journey across the Isthaus, of at Aspinwall. would proceed immediately to try the offenders. on board the C.C, April 19, Peter C. Boger, of aged 56 years, of dysentery; and oa the 20th, of fever, Ton C. Kilton, of Massachusetts, aged 19 passengers for California who went out in the Oreseent cag forwarded in the P. M S. 5. Compa- ny’s steamer Oregon, immediately after their arrival at ‘Tne line of steamers between Aspinwall and Havaoa hhas been discontinued. pug There bad been brought, on March lst, from Barba- eee ten Irebinan by the name of John 3. MeHugo, who’ committed sn atrocious murder with a ebisel, killing a man by the name of Mr. Stevenson, su- perintendent of that station. The steamship Unicorn left Panama for Callao and Australia, with freight and passengers, on the 6th inst. The Panama Star, alluding to the searcity of water in the city, reecmmends the boring of an Artesian well in Gatbedral square, and adds—“Although the present wells in Panama are brackish, it must be borne ia mind that thereare none over thirty 'p! or forty feet in depth, and that if the Artesian principle were tried and a well | bored about five hundred feet in depth, the probability is that aweet water might be pealoedrs abundance.¥ ‘The same journal has further news from Colon, from which we take the following:—‘Within fifteen days past there have been commenced four diilerent projects. It is pro- Dable the Ensenado, through which the railroad passes, will be completely filled up and raised to a level with the hou:es within three or four mouths. The street in front of the port is nearly eoncluded. The improvements above rein a fair way of completion, perhaps will be finished within four or six mouths, as the contractora are pushing the work, by an increased number of work- men, for the object. The entire New York mail, over two hundred bags, was weceived in Panama within nine days after its leaving the Waited States, wad it was expected that it would be de- livered in San Francisco within twenty two days from this elty. The Panama Echo mentions a new enterprise thus;— “We are informed that a company, at the head of whom | is Capt. Liebe, an American gentleman, owning a large | tract of mineral and agricultural land near Panama, pro- ose making an immediate and thorough survey of their possessions, and after perfecting the necessary arrange- ments, intend to invite emigration from the United States upoe terms more liberal than are generally awarded | im such cares.” The Herald notices the arrival of A. C. Russell, Esq, at the Isthmus, en route from the States to Cacifornia, On Friday morning, the 24 inst., about ten o’clock, the first intelligence was received ia Panama of the arrival of | the Mlincis at Aspinwall, and a few minutes past two oelock, Messrs. R.A. Joy & Co., had a portion of the bags delivered at the United States consulate, ‘The Pacific Muil Co ’s steamer Golden Gate had sailed at 12 o'clock on the night of the 3d inst. from Panama for San Fran with the mails from New York and New Orleans, anda large number of passengers. The rain visited the city of Panama upon the 3d inst., | and during the afternoon several showers fell. | Senorita Asprilla, a young lady of about tuenty years of age, was admitted into tue sisterhood of nuns at Pa- | nema, upon the 2d inst., with much religious pomp. | | The Herald remarks —We learn that this lady makes the fourth now in the nunnery; the other three are far advanced in years, and the probability is that ere long ‘the Senorita Asprilla will be the sole remaing represeata- tive of the geeat body of nuns who at one period occupied many extensive buildings in Panama. The Herald, of the 4th instant, publishes the following items from Bogota, (urnished by is currespoudeat, under @ate of March 11th :— Although the new President enters noon his duties on the Ist April, there is nothing known of the new ministry as General Ubando keeps a sepulchral silence on the | matter. Some attribute it to his wisdom, others that he | does not know whom to appoint. What occupies the most attention, is the reform of the coustitution. which is now being discussed in the secoad ebate in the Senate. ‘The cause of the agitation is that the present membera have shown a decided opposition to the reform ia some impoitant points, and think that General Obando will w in the footsteps of General Lopez. Re Ne preventative of Pa , * who prevented the bill, proposed Some “Faruation te fin ve it, as well as the present laws of the tribunal. But majority in the Heuse of Representatives have mani- fested an oppesition to the bill in their session of the 9th, erdering it to be laid on the table, notwithstanding a manifestation to supersede the present law. In the session of the 10th, the Representative of Pa- mama read a letter from the merchants of that place. in which they ask for the continuation of said tribunal on | ‘the same footing as at present, manifesting at the same time the utility of the Tribonal of Commerc Sr. Jose Gregorio Soldan, newly appointed Minister from | Peru to New Grauada, had arrived in Panama on Satur- day, the 2d instant, in the Quito, accompanied by his fa- | amily and suite. uring his stay he was the guest of Sr. | Loustaunau, Consul of Peru. He was to Jeaye soon for | Aspinwall, and proceed thence to the capital. We understand that a Captain Wright has obtained from the governments of Central America the privilege of running a line of steamers between the various porta in those republics and Panama city. THE CONSULAR SYSTEM OF THE UNITED STATES AT PANAMA. (From the Panama Herald of April 5.] ‘The three great faults in the system are the.e:— 1. That the office of Consul is given as a reward for po- tical services, with but little regard to the Gtness of the individual for the post. 2. The consuls, in-tead of receiving a fixed salary from | the government, are dependent only on their fees. 3. They are liable to be removed at every change of | sdministration, at the very time that their services are becoming most useful to their country. ‘The article concludes thus: The appointment should be made independent of polities and change of office, and with regard only to the fitness of the officer to the post. The Hon. Captain Harris, British charge d’aifaires to Chili, was in Panama upon the 5th instant, and to leave | on the British steamer for the south, | We learn from a notice issued by Sr. B. Catvo, the edi- tor of the Correo del Istmo, that he intends to discoatiaue the publication of that journal, having made arrange- ments to edit the Spanish portion of the Daily Star. STATISTICS OF SHIPPING, PASSENGERS, AND SPECIE, AT PANAMA. [From the Panama Horald.] During the past month six American steamers have entered the port of Panama, ive from California, with 1,325 passengers, and $7,836,000 in gold dust and | jie, and one (the John L. Stephens) from New York. | Feo British steamers from the South arrived, with 39 gers and $527,000, principally silver, in bars and Boitars, Of sailing vessels arrived, there were British 3, American 1, French 1, Pera 2, Ecuador New Granada 9—Total 19. The departures during the same period were, five Amo- rican steamers to San Francisco, with 1,936 passengers, ‘end two British steamers for the south, with 48 paseen- gers. Of sailing vessels cleared, there were British 5 American 2, French 1, Mexican |, Peruvian 2, New Gra @adian 6—Total 17. Besides these, the United States sloop-of-war Ports- mouth arrived and sailed, and the Ecuadorian transport Diez de Mayo. The follow: 2, Costa Rica 1, is the amount of specie imported for transit across the Isthmus of Panama, during the mouths of January, February and March, 1853 i= JANUARY. $535,525 800,00 3,489,000 ++ $16,427,575 ‘Toe Culifornia passenger transit for same period was:— Arrived from. Saited for 1159 487 2419 11,825 1,936 UTA Gfiiovsevwverves re 6,651 THE MESSAVE OF ERAL LOPEZ TO THE CONGRESS OF NEW GRANADA. [From the Panama Herald.) ‘We have received a copy of President Lopez’ Message, delivered at the pee he Congress on the Ist of Mareh last. It isa very long document, of which we can do no more than offer our readers a very slight summary. It commences by a review of his conduct since the let of April, 1849, and an examination of the manner in which | i ‘the promises then made have been fulfilled. It alludes to ‘the Panama railroad, and the various other public works of the republic, that have been executed or commenced during is term of office, and congratulates the countr; upon having placed the Isthmus in a position to enable it to asnist the government by the application of the revenue derived therefrom to other objects. The national library ‘et Bogota is alluded to, anda hope expressed that the ®overniment will take steps to preserve it. The conduct f the neighboring republics, in regard to Keuador and | the invasion of Fiores, is next touched upon, and a hops | expressed that the points in diapate between Pera aad New Granada may be satisfactorily adjusted. | The boundary between Costa Rica and this republic is under consideration by the Ministers of both nations, at Washington, and should the just claima of New Granada not be admitted, steps will be taken to enforce them. | | lower than | sum of $2,000 per annum, | tour, but they | promised to be of The most friendly relations continue bet ¥ States and this country, and the dimoulty with Roce | relative to the settlement of the Mackintosh claim, it ia | ho Cod be speodl yi arranged. allocution of the Pope, relative to the div ith | New Granada, {s alluded to, for the purpose of talline | attention to the errors and false inferences it contains, The Pope's Minister is, however; #till at Bogota, though | | Europe $17 25. é E i | f é: g) i 3 a & i 5 dent’s attention. The public debt amounts to the enoi mous sum of $377,000,000 reals, or $47,125,000 currency, whilst 28,000,000 reals’ ($3,500,000) are required for the expenses of ‘the incoming year. and 10,000,000 reals (31,250,000) to complete that of the eurrent year, whichy with 8,000,000 reals (81,100,000) to pay otiates debts and the expenses of the army, makes a total dedeit ‘of 18,000,000 reals, or $2 250.000, whilst the credit for the incoming year oaly amounts to 20,000,000 reals, or 000. 560,000. : in nt question has engaged the consideration ot the Pracident aud his ministers, and he bas examined it in every possible bearing to devise a method of meet- ing it without burthening the industry or resources of the country. The onl, sible way he can propose for remedying this great evil in to give 2,000,000 fanegadas of the State lands (teirras baldias) to the creditors, which he conceives can be done without any loss to the country, as from the survey, before alluded to, it is proved that in the eleven provinees already surveyed (out of the thirty-five that constitute the republic) there are 8,474,575 fanegadas of unreelaimed lands, (tierras baldias,) and by converting the scrip (bonos) now held for the foreign notes, (villetes,) representing the waste lai ers would either be obligei to colonize or cultivate the lands by native labor, to prevent a total loss to them- selves. Thus, he adds, ‘* whatever would be the course taken relative to the cultivation of the lands, it would produce an augmentation of the nation’s riches, if it did not produce a large emigration, and, with it, incalcula- ble advant >” The agent of the creditors, in Botog is said, by the President, to be favorable to this plan, and has obtained data to transmit to England to forward its consummation, ‘The question of the internal revenue of the nation is then direussed. A new arrangement of the postal system is recommended. The army is praised for its morality, va. lor, discipline and res.gnation, its respect for the au- thorities, its blind submission to the laws, and its love for the republic, The national guard is alluded to as not #o perfect as is to be desired, and as steps have been taken torender it. Agrant of 50,000 fanegadas of un- cultivated lands is asked to reward military servioes, and the pension liet is mentioned as requiring reformation. Sr, Sergio Arboleda, one of the six New Granadians specially excepted in the amnesty lately granted by Pre- sident Lopez, has protested against that act. He con- cludes his protest thus:—‘‘ Allow me to tell you aloud and openly, as a man who esteems his reputation and good faith, that the charge brought against me of parti cipating in the revolution of Flores is false and calumai- ous, and I protest against it euergetically as contrary to truth and the evidenee of facts.’” We have received sdyvices from Valparaiso up to March 15. We present the most important news to our readers. OUR VALPARAISO CORRESPONDENCE. The Ericsson Excitement in the South—Steam Conmuni- cation between Valparaiso and Panama—The English Trade, de, VALPARaiso, March 15, 1853, The excitement about the late improvemeat and inven- tion of Mr. Ericsson has extended to this coast, and now the question is asked, “When shall we bave an American line of Eriesson steamers here ?”” A gentleman from Santiago, the capital of this “young”? republie, called on ime yesterday, and asked why I did not write home to my friends on the subject of a steam line between Valparaiso and Panama. He says: “Tell your friends in the States that an Ericsson line of steam _ ers would take all the passengers and mails at once, and the freight will soon follow,’ Aud this, Mr. Editor, is from an old American resident, whose judgment is second to few here. Thad proposed writing to my commercial correspond ents on this subject, but thinking it information due to your commercial public, I have thought it best to address you. ‘ 7Seventy-five tons of coal-will carry the steamer to Pa- nama, and, allowing for all accidents, say one huadred tons, to be on the safe side, 1 have this proposition to make:—A house here is willing to do the business of such a line of steamers free of all ions, until such time as the line pays a not profit; and this is doue to prove how much coafidence they Bave in an opposition line of American sttamers. It is a notorious fact that the present line of English steamers, to say the very least, needs s healthy opposition, to bring them to pay proper attention to the wants ead comforts of the travelling public; and to prove this fact, Tcould give you Englieh, American and Chilian authority cn the whole intervening coast, as well as hese and in Panama. One of our late English steamers brought seven hun- dred passengers to this place; and since the Sydney fever has got 0 high, the travel seems to have increased. You are aware, Bir, Editor, of the enormous charges mace on the English line—say $210 (two hundred and ten dollars) from Pansma, besides having to. pay their board on shore while the steamers are coaling and in port. It requires but little calculative powers to ascer- fain it this price pays for carrying passengers. But to reight. Aine of Fatannne obenaucts WuIa wmv d bo eens fraight the Fnglish line, if not as low as the coasting vessels. which have plenty of freight the year round. A$ an evidence of this, may be seen in our daily papers such a@vercixements as the following :— ‘Wanted to charter, a vessel to take cargo from Co- quimbo to Panama.” &c., &e, I believe, Mr. Editor, that I need not give you more par- ticulars about the advantages of such a line, save a word in relation to the U. 8. mail. The philanthropic and disinterested English line of steamers have offered, I understand, asa matter of ac- commodation, to take the U. 8. mail on this coast for the Now, sir, Ileave it to your Awerican feelings to say if itis not better for the United Btates to give $100,000 to a Yankee line of steamers, and have euch steamer so built as to be converted into a war steamer at a moment's notice, with officers who Roukd know every inch of the coast from Panama to iloe. I am an advocate for the doctrine of non-intervention, as propounded by Messrs, Cass, Everett, and a few other of our great statesmen, and, therefore, advocate such a line of steamers. NEWSPAPER ACCOUNTS, The difference between the republics of Ecuador, rela- tive to the expedition of General Flores, has been ranged by the Ecuadorian Plenipotentiary. D. Pedro cayo, on the one part, and 1). Jore Manuel Torado, Minis- ter of Foreign Ailairs for Peru, on the other part. By the steamer of the 24th of March the articles were sent to the Ecuadorian government for ratificayion. A correspondent from Arequipa, under date of March 17, says: ‘From Bolivia they write that Col. Lloyd, H. B. Majes- y’s charge d'affaires, demanded his passports, in con-e- uence of not having been able to receive from General izu, the President, any satisfaction for certain outrages committed on a British subject in Corocoro, and that the United States minister is thinking of doing the samo. ‘The consuls of Peru in Bolivia have received orders to leave the country within eight days, and it is feared that Sr. Prada, the minister, will not be received.” Friday, the 4th of March, appeared to be a general holi day throughout the city of Valparaiso and a large nu’ ber of the commercial houses were closed. The day called by the natives Encarnacion del Hijo de Dios, and in very religiously observed by them as one of their priaci- pal fiestas. We learn from the Valparaiso Reporter of the 14th March, that the President was expected shortly in that city, on his way to Santiago. Many decrees bad been issued during the Presidential priseipally referred to the foundation of new schools. Much is yet to be done, and we understand that it will be in the shape of bridges, roads, an’ canals, and also steam cotamunication more frequent and more certain than of old. Emigration on a large scale was much talked of; but in none of these matters can anything be done uatil after the meeting of Congress. A free school for the education of artizans (at night) had been opened, on the plan of the English schools, and grest service to the working classes. The American ship Alexandria had arrived from New York with an assorted cargo. The American bark A. J. Jennes had arrived from Philadelphia, with coul, for San Francisco, MARKETS. Varrarawo, March 14 —Freicurs—Vessels of all flags, especially first class English agd continental, continue scarce; from $20 to $24 is asked for California, accordiag to class of vessels or port of loading. The follo wing rates are corrept for the United Kingdom for A 1 voasels :—£3 10s. for guano to Londen; £4 6s. for ores to Liverpool; | £4 10s. and five per cent for ores to Swansea. But freights are on the advance, and higher rates have been oflered since. Baktey has been sold in quantities at 21 to 22 reals cash, put on board, The Black Prince, trom San Fran- ciseo, brought » return cargo of port wine and China o0ds. © Cost. —No foreign arrivals for this port, nor are there any transactions to note of that description. Two or three cargoes of Chiliaa coal have come in, but we Lear of no sles as yet. Frour —Last sales at $0450 ; nonefof any considera- tion in the market; but the uew crop is beginning to ar rive, and as the yield of wheat has been very great, we may expect large quantities of flour in the course of « month or two. The carriage from the interior, and the high price asked by furmers for whent, will, however, we think, prevent flour from falling very low. Peru Gen, Echenique was gaining great reputation by his prudent government at Lima; many excellent decrees relating to the affairs of distant provinces had beea passed, which were entirely forgotten by his prede- ent treaty entered into between Pera il, for the navigation of the river Acaazon, would, anticipated, be productive of great benefits to the former country; and the government intend getting the consent of the Council of State to their spending $100,000 in steamers, to navigate periodically the rivers Ucayali and Huayaga, and also another $100,000 in « onraving and assisting emigration to those parts. His Excellency, Sr. Echenique, is said to have reveived from the Emperor of France through General Santa Cruz, the decoration of Grand Cross of the Legion of Honor, The President is also said to have received througn the sime hands the order of Leopold of Belgium. The Comercio thinks it curious that the honor conferred by thr Emperor of France should come through the hands of General Sauta Croz, when there is 4 Minister from Pera resident in Paris, and suspects the General to aave some sinister ob ject in view. A Callao correspondent says, the shipping list is very full, there having been no less than seven arrivals in two day®, Business bad expevieuced no mate: since our last advices, although freights were To the United States $20 per ton was paid, and to The young men of Marblehead have organized an asso: ciation to erect a monument to the inemory of Marvlebead patriots who fell in the Revolution, Mr. T. F. ‘s Farewell Remarks in close of Mr. 9 last lecture im New Or. At the of 5 last . from the Delta of the 16th inst. AND :—The task of the the many defects which ») it PiAT deeply sensibleand that { have failed to give such ‘ample information as you desired, I have good reason to appre Exeeu'ed however, a3 it was, siace my ar real im your city. during burried intervals snatched from other oceupations, you will kindly forgive any disappriat- ment the Toor s of the wi may have occa- sioned. Besides. it is difficult for one to discharge with due pro- riety and effect a task that is distasteful to him; and, E I mistake not, you are well aware that, from the mo ment of my landing om your hospitable and inviolable shores, Thave preferrad being silent where I could speak oply with humiliation, sorrow. aud remorss—have pre- ferred with tenderness senguns wounds I could not heal—have preferred oekkng loving secrecy those recollections and hopes which, implanted as thay were in the midst of thorns and ruins, scemed to me too sacred for public exposition. fe itis no less difficult for one to speak upon such a sul jae without exciting. to some extent, feelings it were better to subdue, and what is yet more streauons!y to be shunned, hurting those honést partialities which natures the most generous and trustful cherich in regard to thoze whom we ourselves have most reason to re- nounce. Here, as elsewhere, 1 have assiduously sought the avoidance.of those questions, the discussion of which it were more than probable would eventuate in asperity and disorder. Hence I bave felt myself irkso nely ham pered in dealing with the topics of which you have soli- cited from me a faithful elucidation. With a delicacy which nowhere, I believe, in this re- public attains a finer growth and cultivation than here among the sons and daughters of the South—where the coldest and most sterile heart would be nursed into genial life and truthfulness—you will give your sauction to these sentiments, and, in consideration of them, grant the inensital for which I have thought it belitting to apply. Tor the last time—the last time, surely—and so, with- out the pleasing doubt whieh rendered the words I spoke on a former evening lexs serious than they now must be— Tleave this hall, aud*bid farewell to those kind friends with whose presence it has been graced and honored, and to me familiarized and rendered dear by the iioages im- pressed upon my memory, and the tones of welcome and approval to which my heart will long contiaue, in grate- ful harmony, to vibrate. Through a fatal quarrel with a formidable government, backed by the parties Ihave referred to in my lecture, one could net be expected to fight his way without in’ curring some losses, neither could he regain his tree dom, at the distance of sixteen thousand miles of ocean, without staking and forfeiting a premium on en: terprise. Hence these humble labors of mine; hence it is that the words I was once prompt and proud to utter, without fee or recompense, in the cause of truth gnd freedom— for fatherland and conscienee—must ne=, fora season, be made the means of realizing an unsulited competence. Should the desired success consummate the 1.bor [ bave unwillingly embraced, I shall not. in a more affluent conditioa, be uomindful of those whose friendship dis- pelled most of what was repulsive in the labor, readecing it to me, unconse‘ously, s work of pleasure rather than of kurch necessity, Jn that home which you shall have assisted—some of you with fair, others with stout, but all with willing hacds—to build up, and to which I hope to lead one who did not refuse to share with me the isola lation and ignominy of my exile in the Australian forast —in that heme, the oame of Louisiana shall b2 a house- hold word. That I speak not with the insincerity with which moat farewells are spoken, the sentiments to which I gave ui- terance the first evening I addressed you will turnish suf- feient evidence. If I, following the currents of this heart that has (elt the rude hand of adversity, but has noi been galled—the hopes of which have been bruised, but not aprooied—if, fol- lowing these currents, I have gone back many an evening, and wandered amongst the aromatic woods, the saifron flowers, and by the vocal waves of the lake, tremulously playing over white sands in the mouatains of that island in ihe South Seas. far off, and have ollered up a prayer, that to a destiny in harmony with all that grace, and ex- cellence, and grandeur, she might be soou condacted—t thus I have thought of, and praved for, the land with whose solitary scenes of beauty the sadder recoliections of my life, like cypress leaves with violets and viae clus- ters, are interwoven, surely I shall not lose sight of that clime over whose luscious fields of sweetness, over whose myriad masts and gardens, glittering with every hue, and waters burdened with the golden grain of @ valley far | wore fruitful and famous than the Nile, the sun, in Iuxa- rious langour, loves to linger, and where, in the happy and glowing hours I have spent, I have learned yet more dearly to prize the freedom, on the conquest of which, you were the earliest to congratulate m As { mount the great river northward, I shall “look down the stream—with it my memory shal! descend, and as, your apires dissolve in the receding distance, I shall repeat the words with which I now bid farewell, and for the happiness, the affluence, the renown of your city, there shall be offeed up a fervent aspiration. Theatrical and Musical. Bowery Tuxatee.—This evening being the last of Mr. Burke's engagement, itis s presumed this popular theatre will be crowded to suffication. Shakspeare’s musical play of the “ Mmpest,” the “Spectre Bridegroom,” and the amusing farce of the “Happy Man’ ure the pieces se- lec'ed. Stevens, Burke, and other eminent actors, in the principal parts. BROADWAY THEATRE —The great success of the tragely by Otway, called ‘Venice Preserved,” induces tue msa- agement to announce it again for this evening’s amuse- ment—Mr. Forrest as Pierre, Mr. Conway as Jaiier, and Madame Ponisi as Belvidere. The farce of the ‘‘Obstinate ae ‘ 2 Baten dances pas ned” '"2 the performanrs : Burton's THEATRE. it of Mr. —The receipts of this evening are for W. Wallack, Jr. The pieces selected ivilization,”’ andthe “Omnibus.” In the first Mr. Wallack appears ss Hercule, the Huron, and in the last Mr. Hamilton will sustain ‘the character of Pat Rooney. Mra, Holman will sing a favorite bal'ad. Namtoxat, TreatRe.—The new piece called the ‘‘Armorer of Tyre” is drawing immense audiences to this theatre. It is put upon the stage in splendid style, and will likely have asuccessfal ruc. It will berepeated this evening, Mr. Jones, Mr. Clarke, and other eminent comedians Glling the leading parts. WALLACK’S THEATRE.—Two beautiful pieces are an- nounced for the performances this evening. The first is “she Stoops to Conquer,” with Blake, Lester, Walcott, Reynolds, Rea, and Miss Laura Keene in the leading charac: ters. This will be followed by “Pauline,” with Lecter aud Miss L. Keene as the stars. There can be no doubt that the theatre will be crowded. Axzricay MuszuM.—The entertainments announced for this afternoon and evening consist of the comedy of “Paul Pry,” and the drama entitled the “ Willow Copse.”” &1. CHaries ToraTke.—The performances announce! for | this evening consist of the “Momentous Question,” which will be followed by the drama of “Eveleen Wilson,” and all will terminate with the popular drama of “Jack Sheppard.”” Bowsny Cracus.—The entertainments for this evening are excellent, consisting of the best acts of horsemanship, vaulting, tumbling, &c., the receipts being for the beaetit of the doorxeepers.” It is hoped they will tronized. Cunnty’s Orera Hovse.—The receipts of this evening are for the benefit of Louis M The programme selected is excellent, bumper. Wooo’s Mrvsrrets.—This band is deservedly popular; the entertainments are first rate. ‘The vocal aud i mental performances are greatly admired. Baxvarp’s Hoty Laxp.—This beautiful paiating, 30 much admired by all who have seen it, continues to be exhibited every evening. Rosert Hetter’s exhibition of magic, second sight, spirit knockings, &c., continues to be as popular as ever. Owen's Ascent or Mont Buanc should be witnessed by He deserves a [ery one who hasa taste for travelling, and who wishes to | enjoy a hearty laugh; his illustrative paintings are beau. tifuly and his leeture is excellent. Brooxryy Moskvm.—Mr. J. A. Jackson receives a com plimentary benefit this evening. The pieces selected are “The Stranger” and ‘Eton Boy.’ Mr. E. Eddy, Joha- ston, Miss Weston and other eminent artists will appear. It is hoped his friends will give him a bumper. Important To Posrmasrers.—A case was tried during the reeent session of the U.S. Circuit Court in this city, which Ma 4 to be generally understood, both by the people and the officials who have charge of the The Post- ven county, was arrained and dollars for delaying a letter in his office. The it the imperative duty of every Postmaster to mail matter deposited one halt hour before the departure of the mail, naless longer time should be grant. ed by the Postmaster-General on account of the business of the office. There are also several penalties for delay- ing papers, &c., after they have been mailed and are on their way to their places of destination. So striagent are the laws, that @ rigid and prompt discharge of their official duties only ona save the Postmasters from their penalties. The above is the Arst instance of a conviction that we have heard of, and we various post offices throughout the eountr; master at Sylvania, in Ser fined fift; ublish it for infor. | uration, hoping that it may lead to increased carefulness on the purt of all who have anything to do with th i service.— Savannah Courier, April 19. —e Tnomas H. Benton.—Colonel Benton, Cineinnati Commercial of the 20th inat., arrived lere oa Monday mornit ind left on the evening boat for Louis. ville, on his way to Misi We understand he treely communicated his energetic purpose and industrious per- severance for the aecomplishinent of the great national railroad from the Mississippi to the Pacific. During his absonco, he expecta to visit the head waters of the Kansas river: and on bis return hore in the month of May, he has promised to make public his views to our citizens, ——— VererAn PostMasters.—The Postmaster at York ville, 8. € been in office for twenty-five years. He was appointed under the administration of John Quiacy Adams. John McMaster, Esq., Postmaster at Wiasboro, 8. C., has been in actual service for the past thirty-three years. It will not be regarded much of a guess when we predict that he will bold his office to the end of life, the consequence of a spotless character and fidelity in the office which he has held. John L. You Esq., Post- master at Yongnesville, hae been Postmaster ut that place for the past forty years; hence, we believe he is the senior Postmaster in South Carolin says the Obituary. Mr. Jony ApuvoTow, a Reyolutionsry pensioner, died at Nantucket lat week, aged eighty-nine y Mr. Samus, TRowMRIDGE, a prominent citizen of Albany, died on the 2lst inst., aged seventy-live years, Professor Lewis C. Beck died in Albany on the 20th inst. In addition to the Professorship of Chenaistry and Natural Histo Chemistry in the Medical College in Albany, which he held at the time of bis death, he was distinguished in various seienti—is enterprises of this State, among which were the preparation of a portion of the State Natural History, and the foundation of the Albany Institute. About 140,000 dead letters are annually returned from our General Post Office to the Post Ullice Depirimonts of Europe, with a view that they may again fall {ato the hands of the writers. The postages amount to absut $20,000 a year. e liberally pa- | the celebrated dancer. | iastru- | | existing ordinance, who were proprietors of stores in Rutgers’ College, New Jersey, aad of | | whetl | | | THE BROADWAY RAILROAD INJUNCTION CASE. of Judge Strong. o, SUPREME COURT—GBNERAL TERM. ‘The following is the opinion of Judge Strong in the case of the application for an injunction against the grantees of the Broadway Railroad’: JOUN MILHAU AND OTHERS AGAINST JACOB SHARP AND OTHERS, Judge Strong said—The plaintiffs allege that the resolutions of the Common Council of the city of New York pi ting to authorize the constraction ofa railroad in Broadway are void, and ask that the defendants may be restrained by an injunction from this Court from entering into or y that street, “for the purpose of laying or estab! @ railroad thereon, and from digging up or subverting the soil, or doing any other act in such street tending to en- cumber the same, or (to) obstruct the free and common use thereof as the same has been heretofore enjoyed.” The objections which have been vdvanced aguinst the resolutions are numerous, and have been discussed by the distinguished counsel for both par- ties with much zeal and greatability. I shall state the conclusions which I have adopted on auch of the points raised as I deem material, and [ intend to do ut little more,as I have neither the time nor the inclination to elaborate an opinion. It has been <ontended that the Common Council has not the power to authorize the construction of any railroad in the city. The charter from Governor Dongan ives, rants, ratifies, and confirms, to the corpo- n, all and every the streets, lanes, higiways aud alleys within the city, for the public use and service of the mayor, aldermen, and commonalty of the said city, and of the inhabitants of Manhattan Island, and travellers there, and confers a power to establish, appoint, orderand direct the establishing, making, lay- ing out,ordering, amending and repairing the same ne- needful and convenient tor the inhabitants and aenera and passengers.” The only limitation or vestriction of this grant is contained in, and con- sists merely of, a provision for the protection of pri- vate rights. The charter from Governor Montgo- merie ratifies and confirms this delegation of power. Chanceilor Kent remarks, in his notes and illustra- tions, prepared at the request of the Common Coun- cil, (page 238,) that ‘‘ The charter powers, (relative to the streets,) have been so frequently and so fully confirmed, defined, enforced, and specially applied by legislative acts, that there seems to be no want of jeciadl iction from the one source or the other for every exigency.’ The Common Council has certainly a very liberal discretion as to amending the streets, and may, in the exercise of it, authorize tie construction of a railway, if that is deemed to be an amendment. I know of no limitation except that imposed by the charter for the protection of private rights, and that which is al- ways implied ina pean grant: that there shall be no peryersion of the main object for which it was made. As to private rights, it does not appear very clearly that any such could be atfected by a railroad ranted on proper terms at all. The plaintiffs al- lege that they are proprietors of lots on the westerly side of Broadway, and that they verily believe that they are the owners in tee of all the lands in front of their respective buildings to the centre of that street. Now, when a party asks for relief, on the round of a threatened injury to his property, he is Sou to ayer his title in positive terms, That lies, or should lie, within his own kuowledge; and if that is not sufficient to warrant a direct and unqualified averment, it cannot justiy the interposi i Court. Weare bound to act, and espec' important a matter as restraining parties from the enjoyment of their apparent rights, upon facts, and cannot proceed upon mere belief. But if the plain- tiffs have the ultimate fee to the land opposite their respective lots to the middle of the street, it by no means follows that their proprietary rights will be invaded, or their property taken, by the construction of the proposed railway. Their title is subject to the ublic right to use it as a city streots Phe ublic Tins acquired the privilege of using it as a full pass- way. There was no restriction to any existing or other method of travel when the land was dedicated to, or taken by, the public. The purpose was gene- ral, and sufficiently extensive to embrace any species of locomotion which any individual or the public might choose to adopt. A railway furnishes new facilities for travelling, and is designed solely for thet purpose. There is no diversion to any purpose other than that for which the land was taken, nor is the land on which the rails are laid rendered less va- | luable to the proprietor of the fee. He sustains no direct injury. Ifthe yalue of the adjoining lots is impaired, that is a consequential injury resulting from a public improvement, and for that the law gives no compensation. When, therelore, the public has acquired the right to ‘use the land as a Street, and merely subjects it to a new and improved method of travelling, the proprietor of the nominal fee loses no property, and the constitutional guaranty is not invaded. If a railway furnishes an improved means of travel, it cannot be inconsistent with the object for which the street was obtained, but rather harmonizes with, and promotes it, unless, indeed, it should exclude the inhabi- tauto Lf the vity and © uavellers there” from the free and appropriate use of the pass-way, or should in some way constitute a nuisance. The rails should, undoubtedly, be so laid as not to obstruct the free passage of the street; and we were assured upon the argument, and no fact was stated to the contrary, that the resolutions in question contained provisions which, if fully carried out, would effectually preveat any obstruction. That they will not necessarily im- pair the ie in any other manner is evident from the fact that rails laid in other streets in tie city have not been productive of any inconvenience. It nas been supp by many thata railroad ina city, or popalace village, was necessarily a public nuisance, er the cars on it were drawn by horses, or by locomotives propelled by steam. The Supreme Court of this State has frequently decided otherwise. In the case of Hentz against the Long Island Railroad Company, which was recently before me, I had occa- sion to examine this question very fully, and came to the conclusion, not only that the authorities were too strong to be got over, but that they were right. There may be circumstances which would render a railway and the travel upon it very injurious, and possibly a nuisance, in some localities, but they do not exist in this case. From the statements con- tained in the report of the majority of the commit- tee of the Common Council, which is an exceedingly well written document, I am satisfied that the pro- posed railroad would not be # nuisance, bat would, onthe contrary, be a great relief to Broadway. I have no doubt of the power of the Common Council to authorize its construction in a proper manner aud upon proper terms. If my opinion on this point ould need confirmation, it would have it from the circumstance that the principal opponents of the and dwelling-houses on proaaney and men of much intelligence, who had the ability to,and no doubt did, obtain the best legal advice, themselves applied to the Common Council for a graut of a similar pri- vilege, but upon terms more onerous, and which would have required from them an immediate and extensive appropriation of money. The princi objections to the resolutions, and those entitled to the most consideration, resulted from the circumstances attending their adoption and their terms. It was contended, on the argument, that the ad- journment of the Board of Aldermen from the fourth to the eighth day of November, being for more than three days, put an end to that monthly session of the Board, (at which the resolutions in ‘question were adopted,) and that when the Board subsequently met, in pursuance of the adjournment, it was not a legal assembly, and could do no valid act. It is pro- vided by the fourth section of the act of April 2, 1849, that ‘Neither Board shall adjourn for a longer period than three days, except by a resolution to be concurred in by the other body.” The seventh of November last was Sunday, and, if that is!to be counted, the adjournment of the Board of Aldermen from the fourth to the eighth of that month was for more than three days, and, being made without the concurrence of the Board of Asaistants, was unau- thorized. In the construction of a statutory provision relative to the time prescribed for any purpose Sun- day is sometimes included and sometimes not. The inclusion or exclusion depends upon what is to be done within the prescribed period. if early and not continuous action is a Wied Sunday ‘4 count- ed, as that will not interfere with the main design. Thus, the object in giving a notice of trial is to enable a party to send for his absent witnesses, who may be at a distance, or to subpoena those who os otherwise leave their homes, at an early day, and not to furnish a period which might be Tequgfe for constant exertion. So where there is a notice Yor a special motion, it may be necessary to procure affi- davits from persens at a distuace, or of persons about leaving Lome, and an early, rather than constant, exertion is e-sei.tial. In such cases Sunday is cou- sidered us a part of the required time, because the object to be accomplished does not call for its exclu- sion, But the provision relative to adjournment which I have quoted has reference to days of action, and to those only. The design is, that the proceed- ings of the Common Council shall not be delayed for more than three days by oue Board without the con- sent of the other. Sunday is not a proper day for the performance of secular business, and, therefore, it should not be considered as amy part of the tite limited by the provision relative to the adjoura- ment of either Board. Where the eaitara- ment is for three week days and Sunday, the business of the Common Council is not, in fuct, inter- rupted but three days. It is for this reason that the Congress of the United States and the Legisla- ture of this State have uniformly given the same con- struction to similar provisions in the constitutions under which they have respectively acted. The Le- gislature of this State, when enacting the rovision in question, may well be supposed to ave had reference to their practical construction of similar language in reference to their own powers. | Thinking, as I do, that the adjournment was fally | authorized, itis not necessary to inquire whether, if it had been illegal, that would have nuiliied a sab- sequent meeting of the same Board, or the alter joint action of the two Boards of the Common Council, It was strenuously contended by the plaintits’ counsel that the to the was void, be- upon land are generally revocable, and cause it was ie Sotensoaran manction showed do not eonfer any right. Some cases hav: ‘a Justice of the Court a olay New license operates, when ‘ork, in a suit by Thomas E. and @grant; but the principle) Cortlandt Palmer the Mayor, , and | when to d, is inconsistent wil Coramonalty of ' ction certainly | the of our statute relative to fraudule: to bit cor; ion from making | conv cannot therefore apply here. The! grant to defendants. But the present de- | can no doubt but that a written permissioy fendants were not to that suit, nor is it | to use land ina particular way, for a designated time averred in the complaint that the injunction had | for the benefit of the person to whom it is given, id been served on them. An injunction affects the per- | consideration o’ some act to be performed by him son rather than the right. If it affects the right at all, it is only indirectly, through the person. In the case of Fell vs. Fellows, (4 John., Ch. R. 25,) Chancellor Kent said:—"I have no conception that {t is competent to this Court to hold a man bound by an injunction who is not a jae the cause forthe arpose of the cause;”” and he there dissolved an in- function which had been issued against persons who not been made parties to the suit, Should a y disobey a lawful injauction, he could, of course, Pe Santana for the contempt, and he could not directly gain anything b; his disobedience. Bat it would not affect the rights of another Fayieh who might have dealt with him in reference to the sub- ject matter of the controversy. If it would, innocent rties might suffer, notwithstanding all the precau- jions which the most prudent could take. As the present defendants were not parties to. the suit in which the injunction was issued, the rights | which they may have acquired in a subject | matter common to both suits were not affected, un- less, as the plaintiffs contend, the Common Council, in adopting the forbidden resolutions, were guilty of | a criminal contempt, and no rights can be acquired | through the perpetration of a crime. This position | renders it necessary that 1 should consider the ques- | tion, whether the membersof the Common Council, in passing the resolutions in question, were guilty of any crime, and I regret exnecdey that it does so, as my examination of the subject led me to conclu- sions ditferent from those entertained by the learned {ad es of another court, for whom I entertain the igheat respect. Their opinions are certainly enti- tled to great consideration, but cannot control us sit- ting here. It is alleged that the members of the | Common Council have willy decheres @ process of Anjapesian lawfally issued the Superior Court, and have cousequently been gui pics a misdemeanor under certain provisions of the Revised Statutes, (2 | R. 8. 278, sec. 10, subd. 3, and 692, sec. 14). ‘The in- junction commanded the corporation to absolutely desist and refrain from granting to the defendants | the right to lay the proposed railway in Broadway, | or in any manner authorizing them to doit. The Common Council subsequently adopted tie resolu- tion granting the forbidden right, and conferring the forbidden authority, but procecded no further ia con- summating the grant—at least no additional action as to that is set forth in the complaint. The aileged contempt then, so far as it can haveany bearing upon | the efficacy of the grant, (for the condemnatory reso- | lutions subsequently agopted by the Board of Alder- | men, however couteraptuous and improper they may | have been, did not impair the ious action of the | same body,) consisted simply in the adoption of the resolution for the construction of the railroad. Sup- posing that the injunction forbade such option, the | question is: whether it had been lawfa'ly issued, for if | it had not heen there was no criminality in disobey- | ing it, If the Superior Court had jurisdiction to pre- | yent the action of the Common Council in this mat- | ter, the injunction had been lawfully issued, other- | is a grant of some right in the nature of an inco! poreal hereditament, and therefore confers propert, upon the . The resolutions in tl casd speak of what they effect as the ape of a permis ion or authority. Technically, word grant is inappropriate to a mere license, but it- may hav. been used in this instance in its popular sense, an itis not therefore very significant of the characte: of the interest intended to be conferred. The d fendants are authorized to lay a double track for » railway, and of course to remove so mach of th existing pavement as may. be necessary for tha| purpose, to continue the same from time to.time, tq run cars upon the such rails for the conveyance 0 passengers, for which they are to have licenses, receive a compensation not exceeding five cents fo each passenger, to form an association with the a thority to make by laws, to transfer the interests 0 shares to new associates or ns, and to continu} their operations for ten years, fora renewed tern if they and the corporation can agree as to tht amount of the future license fee, or otherwise surrender the road to the corporation at a fair an just valuation. Surely all these provisions indicat ‘something more than a mere revocable license; the; convey a valuable right, which, upon the performance of the primary acts required from the defendants woula vest in them, and of which they could not bj deprived by a repeal of the resolutions. It is not con] petent even for the legislature of the State to rive a party of a vested right, although it may hav} Been conferred upon him by a statute. (The sop ‘vs. the Supervisors of Westchester county, 4t Barbour §. ©. R. 64, and the cases there cited.) Th right which these resolutions purport to confer ce inly bears a very strong ressemblance to a frat chise. The privileges granted to, and the datiq exacted from the defendants, are much thi same as these which appertain to the pr prietors of ferries, wharves and bridges. AJ relate to public matters, the grantees of each hay duties to perform, and expenses to pay, and all aq enfitled to demand and receive a companied froy those who are personally benefitted. It detracts nq from the comparison that the railway, when finished may be treel y used by all. Similar privileges ay often reserved in the sean of bridges and ferrie} In the case under consideration, the grantees woul have the exclusive right to convey passengers in ca riages or cars running on the rails for hire, and tis no doubt, would furnish them with a liberal con pensation, notwithstanding the impliedly reserve] rights of the people. ‘here are some extraordina features in the grant under consideration. ‘T' Mayor's power to grant licenses for public yehicl is restricted, and, as it bas turned out, without bh consent. Corporate powers are conferred upon ti associates, and they are entitled contingently to d mand the future value of the railway and its app’ tenances from the city, which might regult in hea taxation, or what might be more, an enormous de! Ishould hesitate much before I could decide that wise not. By the first section of the act of April 7, , 18380, relative to the city of New York, it was provided that the legislative power of the corpo- | ration should be vested in the two boards, who together should form the Common Council of the said city. This delegation of power is continued by the act of April 2,1849. The Common Council is forbidden to esto any executive duty by the 9th section of the last mentioned act, but otherwise | their legislative power is co-extensive with their cor- porate rights, It has been seen that under the Don- | gan and Montgomerie charters the corporation holds the streets, and has full poe to make regulations for their improvement. The adoption of ordinances | or resolutions for the improvement of the streets is nowhere declared to be an executive duty, but is the exercise of a power devolved upon the Common Council in its legislative capacity. The resolutions | making the grant in question with reference to the improvement of Broadway asa strect, were pending | before the Common Council when the injunction was | issued, and that process, if effectual, would necessa- | rily have interrupted and eventually prevented legis- lative action. I can find no warrant for this inter- ference, either in any legislative enactment or judi- cial determination. It isa familiar viple, that pater action is not subject to judicial control. | This results from the distinct nature of the duties of the two departments and their coordinateness. | Judges are elected or appointed to administer the | laws, not to make them, or to interfere in their enact- ment. ‘They formerly had a voice in their final pas- sage,in the Council of Revision in this State; but their interference was at length deemed inexpedient and improper, and the council was abolished. To inter- fere aaeine Ete pendency, and before the passage of a billin either branch of the Legislature, would be still more objectionable on every account. Legisla- tive action to be worth anything should be free. I do not understand that this principle is denied as suplianle to our State Legislature, but it is said that it dees not extend to our municipal corporation. Why not? The delegation is of a part of the sovereign wer, and that must pass with its inherent immuni- les, unless there is an express or otherwise necessary limitation. In this case there is no limitation, nor is it necessary that there should be—I mean as to the exercise cf their legislative power. There is un- doubtedly a cheek upon the action of the Common Council in the veto power given to the Mayor. The | statutes impose no other, nor do they permit any in- terference even by the Mayor while the matter is pening before either Board. There is no necessit hat the legislative action of the Common Council should be checked by judicial authority. Should an ordinance be passed which should be void from a want of jurisdiction, or voidable by reason ofa breach of trust, or from any other cause, its further prosecu- tion, if by any public officer, would be ministerial, or if by any other person, it would be in his private capacity, and in either case an injunction would be proper a.d preventive of mischiet. In the present case the injunction already issued by a justice of this court has been sufficiently efficacious, notwithstand- ing the passage of the resolutions; not a rail hag been laid, nora stone or block removed. Ifit should be said that the consideration of these resolutions by either Board was not prohibited, but that the re- straint was only upon their adoption, the difficulty would not be answered. It would then seem that either Board might deliberate upon them, and that a vote might be taken, but that the members were restricted to voting only against them. ‘This would be placing any member of the Board who might con- sider that the resolutions ought to be adopted in an unfortunate predicament. Should he vote for them he would violate the injunction, and put his body in ril of infprisonment, and should he vote against them he would violate his official oath, and encoun- ter a still more fearful danger. It surely cannot require any argument to prove that it is incompetent for any court thus to restrict the action of the mem- bers of any legislative body. I have said that the in- iiteiar in question had not been sanctioned by Ga judicial action. I asked the counsel for the plainti on the argument if he had met with any case where a court had prevented the legislative action of a mu- nicipal corporation. He did not cite, nor have I seen, any instance of the kind, and I presume none can be found. Proceedings have oy been had in the courts in England against the municipal corporations there, and some of them have been con- ducted with great zeal, and with all the influence and power of the crown. The charter of the city of Lon- don_ywas annihilated by the arbitrary decision of the Court of King’s Bench, presided over at the time by a judge who, as counsel for the crown, had drawn the information; but there is no case to be found where a court had attempted to prohibit legislative action. Neither bas there been an instance of the kind in this State, or, so far as I know, n any State in the Union. It is a strong argu- ment against the claim of as power without statutory authority that it new. It ap- plies with peculiar force when an attempt is made to extend the common law jurisdiction of any court. In such cases, if our courts can go beyond the uniform practice, there is no limitation, and their power would be arbitrary and its exercise intolera- le. I know that it has been contended that the power to issue injunctions has been extended by the junction of law and Lees jurisdiction in the same tribunal. But such is not the necessary or even probable consequence. The Court of Chancery was | no favorite with the convention by which it was | abolished. It had become obnoxious to the people, not only for its delays and the great expense involved in its proceedings, but for its ee and often vexatious interference with the ty affairs of. | men. It was designed to counteract, and certainly not to inerease, these evils, that all equity jurisdic- tion was transferred to tribunals which had been pre- viously courts of law. Upon the whole, I am satis- fied that the learned Judge by whom the injunction in question was allowed went beyond the jurisdiction of his court, because, first, such injunction was restrict- ive of legislative action; second, it was runecounty} and, third, it transcended the limits established by | the practice of courts of equity. In my opinion, therefore, neither that, nor the proceedings of the Common Council, after it had been served on the Aldermen and Assistants, stand in the defendants’ Way. Thus far, it will be seen, [am with the defend- ants. But there is, in my opinion, a formidable dif- ficulty resulting from the character and considera- tion of the grant. It was contended by the counsel | for the defendants that all they have taken is a re- vocable license. If that were so, I should not feel inclined to interfere. But I have all along been un- der the impression that the resolutions constituted an irrevocable grant of a valuable right, and I accord- ingly aeked several questions strongly indicative of such an opinion during the argument of the senior passing resolutions embracing these provisions tl] Common Council had not gone beyond its power| It the grant is void from the want of adequate pows to make it, or, indeed, invalid from any cause, ti pane as proprietors of lots and buildings q roadway, would be peculiarly and seriously injui by an attempt on the part of the defendants to co flies the proposed railway, and they would be titled to an injunction to preventevils for which thi could obtain no adequate redress in the law. matters not that the rasolutions were adopted by tl Common Council in their legislative capacity. © Ti privilege of exemption trom judicial interference tq minates when legislative action ends, Iam not, however, inclined to, nor is it necessa1 that Ishould, express any definite opinion as to t¥ validity of these objections, as I concur with my bt ther Edwards inthe opinion that the papers su mitted to us prove a clear breach of trust, whiq invalidated the grant. There is undoubtedly a wig difference in this respect between the acts of t! State Legislature and of municipal corporations. Sta] laws are enacted by the people, through their ae sentatives in Senate and Assembly. They act in thq sovereign capacity, and are subject to no further ¥ strictions than such as result from their accession the Union, their own constitution, and such pring ples as are justly deemed fundamental in alt civiliz countries. They may, therefore, through their ca stitutional representatives, give away the publ property, and no power can annual the grant as it provident or destitute of any valuable or appropri: consideration. But the city corporation is an inferi body, and has no other powers than those whi have been expressly delegated to it, and their app! priate incidents. The Common Council has* authority, under the city charter ‘or any statute, five away or make an improvident grant of the pi ic property, nor is any such power essential tv t performance of any of its legitimate duties. Its d position of such property, including franchises,] therefore subject to the common law principle app cable to the grants made by trustees to. whom management of private property is confided. It right on every account that it should be so. Were otherwise, unfaithful members of the CommonCo cil might squander the public property ia sumptuo entertainments for themselves and their fiien pompous and expensive parades, professedly inhon| of the living or the dead, or presents or improvide! grants to their relatives or other favorites. Thi evi which would result from such ate rif not srin} nal conduct, and particularly e tax pryel] whose legitimate burthens are numerous and teav would be intolerable. The difficulty might be avoi ed if eoeliges and honorable men only shoild elected to office. But the experience of other corp rations, if not of this city, has proved that hiwev, desirable such a consummation may be it isnot ways attainable. It is evident from the papers a before us that propositions were made to the Co: mon Council to construct and manage a railway Broadway on terms much more advan' bt city, in a pecuniary point of view, as as in cth, cher tad than those contained in the grant tot! defendants—so much s0, indeed, that the differen: must be perceptible to the defendants, and th must have accepted their grant with a fi knowledge that it had been improvidently na It was said on the argument that these rou sals were made for the purpose of defeatins tl project ; but the facts stated in the pa vo Bis establish that inference—at any rate my warrant correspondent judicial action. The Conin¢ Council might have avoided this difficulty by sth see the construction and management of th: py posed railroad under suitable conditions, and hg Teferring it to the proper executive officer to sdvd tise for and to receive proposals, and to acc@mt those which might be more advant for city. But the two Boards did not thi r pursue a course 80 obviously just and proper; and tl members have subjected themselves to the imput tion of violating the high trust committed to thet and a measure which, properly matured and p ee guarded, might have proved highly benefic! e commnnity, to great delay, if not to event defeat. The injunction should, in my opinion, granted. The Turf, New Omirays Racss.—Murainie Course, Mareh 16 Pacing match between Dan Rice und Bob Cotterell. 1 following is the result :-— Dan Rice 5 3 412 48, Mona Jocsy ‘Cru Races.—Mospay, March 21 gochey Club purse $120—entrance money added—m eats. J. L. Pool’s b. f. Sally Walters, by Glencce, dam Maria 2 imp, Black, 3 years old............06. 2 1 E. f. Adieu, by Gratian, dain by by old 12 ) 2 y Seavey “ A. J. Pool’s ch. g. Smike, by Belshazser dam by. Leviathan, three 7 old... ie, 12 1:65-1:58, iN Wrnxmenay, March 28.—Battle House Plate, value $21 two mile beats. J.L. Pool's b. f, Sally Watore, by Glencoe, dam mp. Maria Black, 9 Yeara: old... -sscvsec.s0 Col. $. M, Hill's eh.’f, Clare-Minter, by Boston, dam Cel. T. R. Goldsby's eh. g: by Tough and Ready, out of Sally Riddlesworth, 3 years old,.......... di Time, 3:50—3:56. Tuurepar, March 24.—Purse $300, two. mile he. entrance money added. y Col. S. M. Hill's eh. g. Wade Hampton, by Boston, out of Margaret Woods, 3 years old............ Lewis E. Smith’s b. m. Charmer, by. Glencoe, out of Seney eee ee se eveseeeeee Fripay, March 26.—Match race for $200, one mile ou 8M. H sch. g. by Belshazzar, dam by Wild Bill, 2 years old.. ds, Uncen John ¥ectt’s b. c. by Revenue, out of Julia by Truflo, 2 years old......- 1 Summers, Time, 1:5734. | Sxcoxn Racu.—Jockey Club purse $150, mile heate, ly three in five. Col. 8. M. Hill’s ch, f, Clara Minter, by Boston, out of Queem Mary, 8 years old, 292211 HL. Frenel Grey Fogle, dai Os) a Col. T. joldsby 5 5. and Ready, out of Sally Riddle: worth, 3 years old 1.1. distaneed. Time, 1:52—1: 4—1 :55—1 :58—2:00. Sarcxvay, Mare 26.—Purse $400, three mile hoa’ ed. b. m. Charmer, by Glencoe, out of ‘as je Hampton, by seh. Of Margaret Woods, 3 years Old..s.sseseueeeee seed y Time, 5:67. Supreme Court.—Special Term. Before Hon, Jndge Roosevelt. Apnit. 22.—In the matter of Opening Canal and Wilen' counsel for the defendants, to which he was unable, with all his learning, ingenuity and professional tact, | (and I presume that I may sately say that in either | he is not excelled by any member of onr bar,) to give satisfactory answers. Parol licenses to do Waker street,—This case came on for argument on n tion of the owners of property who are opposer to contemplated improvement, to dismiss the procesdi The alge, after hearing counsel on both sides, sent \ case before a referee,