The New York Herald Newspaper, May 10, 1853, Page 2

a ‘THE ART UNION INVESTIGA TIO. aes Be’ ore Hon. D. B. Taylor and A. M. Clapp. May 0.—Pursuant to adjournment, the Committee met at ten o'clock yesterday morning, D: B, Taylor, Haq., in Mr. Joseph Monk further cross-examined by Mr. Fuller- ton. Q—When did you first make out this extra bill against ‘fe Art Union? 2 A.—I do not know; Mr, Coe knows better than I) I made ‘Wout » few days before it bears date; I made out no bi te that time; I left the Art Union I think on the it day of July, 1852; 1 have not had excess to.the veushers and books of the American Art Union since that Heit may ave memorands, i WY .lreoder what I we no vouchers, and [ am willing to Bave, if they will be of service in this investigation; I took them to it ma, Ge-What vouchers were they that you examined that convinced you of tke malpracticen of Mr. Austin, the ‘Treas and extracts from Mr Austin’s accounts, Qo into details. 2—I cannot recollect the details; I cannot recollect these things. Q—What extracts were there from the accounts or vouchers of Mr. Austin? AI have taken copies from some of Mr. Austin’s ac- counts, and I have a copy with me now, in relation to the to Mr. Couens, unauthorised by the commit- time ef payment. Q—When did you make that copy ? A.—In the month of July, 1852, before I left. Q—Dia you mske copies of these papers by which you my Mr. Austin had been guilty of malpractises before or after you left the institution’ A—Before I le’t and then I changed my mind in eonse- quence of Gen. Wetmore’s representations, Q—How long before? A—l cannot say, but during the month of July, 1852. Q—What was your object in making those copies? A—I wanted to satisiy myself that everything .was right, ard by makin extracts I thought I could examine them at wy leisure. Q—at the time of taking the extracts you had not made up your mind that Mr. Austin had been guilty of malpractives? ‘A.—Partially so, but I had my suspicions that he had; Mr. Wetmore overcame my suspicions in London, on the 12th day of August last, which is the time that the cer- tifieate of character which I gave to Mr. Austin beara Q—State definitely what Mr. Wetmore said to you? A.—About the same I repeated on Friday; hé told me that I was mistaken in George, that he was a fair man and would not do anything wrong, and that he would go round and see Mr. Austin, on the same day, afterwards, he told me that he had seen him; that is all I recollect at this moment; [ ssw Gen. Wetmore on the 12th Au- gust, at the store of his sop; I had previously called upon Gen. Wetmore, at bis house, and complai: tohim 7 I theught | bad not beem fairly dealt with by some of the managers, and he told me that he would see some of them imrelation to it; I then told him that I was fearful Mr. Austin was not conducting himself right, and that 3 had made some complaint to the committee of management, in which I did not conceive Mr. Austin to be altogether straight: General Wetmore told me that Mr. Austin had denied to Colonel Warner ‘that he never called Colonel Warner a ‘‘damned rascal;”” Linsisted tha: he had, and General Wetmore told me, fur- ther, that Mr. Cozzens, the President, bad called upon | him ‘and complained of Colonel Warner receiving the | $833 monthly, and bolstered me up in regard to the I had made, amd that General Wetmore had drawn his check, and did not believe Austin’s denial to de worth a great deal ; I told him (Gem. W.) that Austin | would make drafts payable ‘‘to bearer’ instead of ‘to or- | der” —instead of presenting his bills for disbursement to | the Finance or Executive Committee when they were in session, and when the quorum was present they would be presented oftentimes to Colonel Warner, singly, after the | adjournment ; and frem the fact that he had spoken ill ef Colonel Warner, made me suspicious that he had,taken ‘that course ogee Si Bille aac 10 ohls way. Q—At that time you had copies of these vouchers ? 4.—Not at that itme ; this conversation! have just re- lated, was in the month of July ; General Wetmore said to me that he thought Mr. Austin was a fair man ; that he would sot do anything wrong, and that he had been round to see him ; I did not complain of any other mem- ber of the committee of management at that time, to the best of my recollection ; the tenor of General Wetmore’s eonversation lulled my suspicions ; I had copies of the | memoranca previous to my conversation with General ‘Wetmore, but had not then time to examine them ; I ‘wanted to examine them at my leasure ; I had some con- vorsation with Mr. Austin on the 12th August. @—When you wrote that part of the letter stating that the difficulty between you and Mr. Austin had been set- i led, had you reference to what had taken place between you and Wetmore in your conversation with him (General Wetmore). ‘A.—L referred to that, and also to the conversation I had‘had with Mr. Austin. - Q.—State what took place between you and Mr. Austin that day? 4A.—KMr. Austin told me it had been intimated that I had gone about the streets speaking ill of the members of the committee, which I denied, and which is true ; he said that Mr. Cozzens was highly incensed when he heard of it, and that he was glad to find that it was not so, and | wanted me to put that denial upon paper, which I con- | sented to do at once ; he also said that I might say what T choose in regard to against him for ir ity ae Treasurer; I wrote something in general terms, embracing the denial of my having spoken ill of the eammittee, and stated that the ditficulty between Mr ‘Austin and myself had been explained, and stopped there: he wanted me to go beyond that, and say something in regard :o the manner in which the affairs of the institu. tion bad been conducted, and on that request I wrote that letter; when I signed ‘the letter he paid me $150, for which i gave him a receipt. Q—Please lay before the committee all copies o vouchers, memoranda, or anything ¢ise you may have in your possession or under your control, which in your Judgment reflects upon the integrity of George W. Austin A.—lI have extracts from certain vouchers of the Ar Dnion, end will produce them in reasonable time. Q—(By the n)—Have you any originals A.—No; and I do not of my own knowledge, know where they are. Q—Will you produce what you have now with you? 4.—I have one here, which’ ifI cut it off, will destroy my memoran¢s, but I will do #0 to morrow, or any other -Peesident—This is not byangas Mr. Fullerton.—It is, unless I object to it. Witness.—I think the document reads, American Art Union, Dr. (ritout giving the name ) 1850, September 6, paid to RG. White, editorial, $50, September 12, for ing gallery, $73 75; September 12, advertising in iladelphia, $45 15—making $165 90. It is reeeipted in this way, “Reimbursed to me by treasurer, 23d Janua- ry, 1851, A. M. Cozzens,” and on the 30th January, it ap- pears to have passed through the boéks in the manner ‘that Mr. Austin’s accounts were usually entered, Q—How, in your judgment does that reflect upon the ebaraeter of Mr. Austin * 4.—Mr. Austin, the Treasurer, had no authority to pay Mr. Comzens any money, and then keeping it seven days after he paid it, until it became an old matter. Q—Keeping what ? A—The voucher from the auditing committee, seven days after he paid it; ithad always been stated that Mr. Corzens was in advance to the institution, and I eonoeived that the proper mode would have been for Mr. Cozens to hhave presented that bill to the auditing or finance com- mittee, and allow his associates to pass upon it, there being no vouchers attached for the disbursements charg- d in the bill, instead of the course pursued by him and Mr. Austin. Q—How do you know when this was entered on the ‘Dooks. A—I judge from the face of the document itself; all bills which passed the firance committee, bore the date of their parsage on the face of them, or should do eo. My copy shows when the bill passed the finance eommittee, which was on 30th January, 1851, and the receipt is dated on the 234 of that month ; | T think that Mr. Cozzens, professing to be a Ee should be cautious how he should allow a bill of tha’ ‘kind being paid to him without the sanction of his asso- eiates, and that Mr. Austin was wrong in becoming a party to such transaction. Q—Did not that same thing oceur with reference te your salary on more than one occasion / alae net know whether it did or not ; bat I know that I gave s proper voucher for my salary, and there is no ‘roucher attached to this bill of ir, Consens. Q—Was your bill for salary passed by the finance eom- mittee before it was paid to you? A.—I think it very possible that my salary may bave been paid before it passed the committee. Q.— Was it not always paid before it passed the finance committee ? A.—No, sir. Q—Was there ever such an instance ? A.—I think it very likely ; my salary was a fixed fact, and no vouchers were necensary ; I mght have anticipated my ralary ; there was no doubt about my salary. Q—Do you think it an excuse that an account should be paid. ‘a{though correct, withont suditing ? —That is a matter for the treasurer, if he likes to pay it; 1 do not think that the treasurer should have paid my bill, even if he thought it was correct: not even my ‘own, much less the President's. Q—Is that your handwriting? (Handing bill to the 8. A —I doubt it; I do not wish to deny it, but I do not thio Hes in my handwriting; I do not see why I should write my name to a receipt, while I am able to write the whole myrelf. : sia Q—Did you ever receive your salary in advance ? A.—Yes, but it had reference to Wmadjusted claims; the payment of that salary had reference to my other claims, following bills were then put in:— “American Art Union, to J. Monk, Dr To one month's salary for April 1882.00. .6.6 044468100 Dated Now York, April 26, 1852. e'd J. MONK, (Signed. ) payment, ‘ashd passed by the committee April 8, 1952. ‘A. WARNER, Sec’y.”” “American Art Union, to J. Monk, Dr. To one month’s talary for June, 1862.,.......+.++6$100 Dated New York, July 13, 1852, J. MONK. ‘A. WARNER, See’y.” Rec'd paymen: And passed on the 18th Nay, i862. Q.—State what imported pietures were ever purchased and put upon the eatalogue of distribution ? A.=I know that Mr. Austin and others of the eommit- tee purchased from Williams and Stephens imported pic furor, which were afterwards sent to Boston, and sold at a ; one was called t! Skein,”’ another the i Twill produce a list of them.” NOt by scl my question; was there ever such an {n- wtance A.—I think 50. Q.—Who made the purchase? I think there was a party inside who had the pre oom ‘these things, and that Mr. Austin was ly instrumental in d it. Q.—Can you, with the aif? of the list of pictures @e- tributed, name say one picture so purchaved by ba Austin? ( to witness.) ‘A.—The list 6 460, and it will take me some time to go over it, but I think I can do so. a that were Jot put pom the catalogs Yor dat ® upon A.—- Yes, sir, they owned pictures of that kind. Q.—-Were there not great many pictares on exhibi tion whieh they never owned ? 2 —Yer, © great many —Were not the foreign that you speak of Sateen the catalogue fon exitoition? ‘A.—Some of them were, and I do not know but all. Qxwere there d it catalogues? _ Q—Give us the names of the different kinds of cata es used? —The regular catalogue for distribution was #0 headed: and er cnt was headed “Works of Arton Exhibition,” the fo pictures purchased by Mr. Austin were.on both of these catalogues; I cannot state positively whether any foreign pictures were put on the catalogue for distributien without looking at the Q—Why were these pictures taken to Boston and sold? A.—Because the committee thought they could get better prices from them in Boston, as they were getting old here; aud another reason was that there was no other good piace to sell them except where they were purebased; the committee did not to put them om the list for distribution, because they were pointed out in the gallery as fereign works. ‘Qn What works of art and foreign productions were purebased as matter of speculation? A.—Ihave given two, and I will give the rest to-mor- Tow. Q—What pictures belonging to Mr. Austin were pur- by the Art Union? A—One of them was the “ Beefshooters.”” Mr. Austin bought it of Mr. Bingham; he was dissatisfied with it, sold it to the Art Union, and drew checks in Bingham’s name, payable to bearer; he had previously given M roa ‘an order oe a picture; he drew from Art Union, I think, ; I donot know why he made the check oe to bearer. Q.—Why do you say the checks were © payable to bearert —Because'l have reen them; I think there were three sight drafts for $100 each; I think they were drawn by Mr. Cozzens and filled up by Mr. Austin; I think Mr. Ai tin filled them up in his own handwriting, but as to this I shall be able to speak more fully to-morrow; I think the priee of that picture was $300 and not $350. -Were not those drafts (handing documents to wit- ness) paid for the ‘“Beefshooters?”” A—I think not, for there were other works pur- chased of Mr. Bingham at that time; I krow Mr. Aus- tin purchased a crayon drawing from Mr. Miles, which was afterwards ‘‘rung in’’ on the committee, en- titled “Study of a Head,” this was afterwards distri- buted or sold; he did not fill upa check, payable to beaver, to pay for that purehase, but he gave an order on me for the money, and owed it me for a long time; after- wards Mr. Austin billed it tothe Art Union, Q—Did you mean to be understood, in your direct examination, to say that G. W. Glass, of London, was not an American citizen ? A —I meant to be understood as my believing so, and often having heard that he was of English birth, never naturalized, and residing in London. Q.—Was not the Art Union in the habit of buying his pictures before he went to London? A.—I do not know that he ever went to London, or that he was ever in this country. azine committee stands adjourned until 10 o'clock, this ye NEW YORK COMMON COUNCIL, {OF FICIAL.} Stated Session. BOARD OF ALDERMEN, May 9, 1853, Present—Richard T. Compton, Ksq., President, Alder- men Moore, Haley, Sturtevant,Oakley, Boyce, Barr, Tweed; Brisley, Francis, Smith, Nemann, Pearsall, Bard, Ward, Denman, Cornell, Alvord, Doherty, Peck. ‘Lhe minutes of the last meeting were read and ap. proved. PETITIONS. By Alderman Francis—Petition of Wm. D. Briggs and others in relation to the freight cars of the Harlem Rail- road Company. To Committee on Streets. By the same—Petition of John Swab to be remunerated for damages to his stoop, No. 111 Christie street, by Hose cart No. 18. To counsel to the Corporation. By Alderman Oakiuy—Petition of Timothy Garrick to be relieved from his bond as surety for John Layden, Collector of Taxes in Sixth ward, for 1839, .To Committee on Finance. By Alderman Pxck—Petition of the pavers under the Superintendent of Pavements for increase of wages. To Committee on Salaries and Offices. By Alderman AtvorD—Bill of Dr. Wm. B. Bibbins, amounting to $12, fer medical attendance in the Eighteenth ward. To Committee on Police. ; y Alderman Surrii—Fetition of Cornelius Bogert for a re-appointment of Commissioner of Deeds. To Committee on Sularies and Offices. By the same—Petition of Israel Ogden and others to have sewer in avenue C extended through Fourteenth street to the Kast river. ToCommittee on Sewers. By the same—Petition of Michael Fisher and others for a new Hose Company in the Eleventh ward. To Commit- teo on Fire Department. Alderman Haey—Petitions of Captains of Police of the several wards, for an increase of compensation. To Committee on Salaries and Offices. By Alderman Douxnry—Petition of James Christopher, to have lot corner of Forty first street and Sixth avenue d. To Committee on Streets. iy Alderman Poox—Petition of Edward McQuay and others, for # free hydrant. To Committee on Crotop be age Department. sy Alderman Hatry—Petition of the Sixth avenue Rail- road Company, to have Sixth avenue, between Forty- third and Forty-fourth streets, paved, &c., at their own expense. Prayer of petitioners granted. ‘By Alderman Boycy—Petition of Hose Company No. 21, relative to term of office of Chief Engineer. To Commit tee on Fire Department. i INVITATION. An invitation was received from Col. Nicholas Haight, toreview the Veteran Corps on the Fourth of July, in front of the City Hall. Accepted. RESOLUTIONS. By Alderman Barr—Regsolved, That the Street Commis- sioner be, and he is hereby directed to cause the rails of the Harlem Railroad Company, in Canal street, to be taken up, in accordance with an ordinance of the Com- mon Council, passed lact year. Adopted. By Alderman ConNeLi—Resolved, That the Commis- tioner of Repairs and Supplies be, and he is hereby directed to repair Stanton street, from Clinton stzeet to the Bow- ery, forthwith. Adopted. By Alderman DevMan—Resolved, That Forty fourth street, between Ninth and Tenth avenues, be paved and curb and gutter stone set therein, under the direction of the Street Commissioner. To Committee on Roads. By Alderman Warp—liv«°'ved, That Wm. G Sterlii be, and he is hereby 10 appointed @ Commissioner Deeds, in and for the city and county of New York. To Committee on Salaries and Offices, By Alderman Trxmann—Resolved, That the sidewalks in Fifteenth street, between Fifth and Sixth avenues, be flagged where the same are not now flagged, under the direction of the Street Commissioner. Adopted. By Alderman Mooxs—Resolved, That Pearl street, be- tween Whitehall and State streets, be repaired forthwit under the direction of the Commissioner of Repairs an Supplies. Adopted. sy Alderman Twesp—Reselved, That the poll of the Second Election district of the Seventh ward be, and the same is hereby, removed from No. 38 Pike street to No. 173 Madison street. Adopted. By Alderman OakLey—Whereas the Veteran Corps of the War of 1512, under the command of Colonel Nicholas Haight, intend celebrating the approaching anniversary of our national independesce im thle city; therefore Resolved, That the said corps and their brethren be considered the guests of the Mayor and Corporation for that dsy, and that the Superior Court room in the City Hall be appropriated for their use on that day as here- tofore. adopted. COMMURICATIONS. From Counsel to a, relative to claim of Cur- tiss, Mitchell & Co. Whereupon tke report of the Com- mitiee on Lamps and Gas, in favor of concurring to pay the said claim was adopted. From Committee of Repairs and Supplies, with resolu tion directing him to advertise for proposals for regulating Tenth avenue, between 174th and 194th street. Adopted. From the same, with estimates, and awarding contract for alterations to house of Hose Compuny 39. Adopted. From the City Inspector, in relation to low and sunken lots, and condition of Thirty fifth street, between Seventh and Eighth avenuer. To Committee on Public Health. From the Comptroller, in relation to claim of Theodore Hunt, for extra work on courthouse. To Committee on inance. From the Street Commissioner, asking to have the or- dinance for regulating Forty-second street from Tenth avenue to Hudson river amended. To Committee on Streets. From the Street Commissioner, with apportionment of ‘arson: ment in the matter of grading Fifteenth street, be- tween avenues A aud B ; also for regulating Eighth ave- nue, from Eighth street to 106th street ; also for paving Eighteenth stiest, from avenue A to Eart river, also for regulating, Xe. 110th street, from Second avenue to Har- lem river. Adepted, From the City Inspeetor, relative to dumping of night soil, To the Special Committee of which Alderman Oakiey is chairman. From the Commissioner of Streets and Lamps, with estimates aniaward of contract to Kingsland & Sutton, for furnishing 10,000 is of summer strained pure sperm oil. Award of cobtract confirmed. From the Street Commissioner, relative to removal of certain telegraph poles in Broadway. Ordered on file, “From Croton Aqueduct Department, with abstract of contracts made by the Croton Aqueduct Department in 1863. Laid on the table, and directed to be printed. From Croton Aqueduct Department, relative to sewer in Seventh avenue, from Fifty sixth street to and through Firty-fourth street to Broadway. Adopted. | From the same, relative to condition of Catharine slip. To Committee on Wharves, ke. From the Street Commissioner, with statement of liens bi lots. Adopted, and Isaac Edwards appointed collector ereon. FROM BOARD OF ASSISTANTS, Resolved, That the Committee of Repairs and Supplies be directed to have Lafayette place repaired. Goncurred in, Resolved, That the Committee of Repairs and Supplies | be directed to have Thirty-first street, from Ninth to Tenth avenue, repaired, Co¥eurred in, solved, That the Committee of Repairs and Si be directed to have Duane street, frou Beoiseny to Chathom street, repaired. Concurred in. Report of Committee on Finance—0n petition of Roman Catholie Orphan Asylum, for relief from an asressinent, To Committee on Finance. r . Report of Committee on Roads—Coreurrin, to re; ci late, grade, &c., 121st street, from Third . sue, To Committee on Roads. stat is Resolved, That the laboring men employed heads of the Departments be hereafter ait’ ene dott and twenty-five cents per day, in lieu of one dollar which they now receive. curred in, Resolved, That the Commissioner of Streets and Lamps be directed to have two gas Jumps placed on the east side of South street, at the foot of Wall street, so as to light the crosswalk thereat. Concurred in. Resolved, That a crosswalk be Inid in Allen street from opporite the Methodist shureh, under the direction of the Street Commissioner. Non concurred in. Resolved, That the Superintendent of Streets be direct ed to remove the dirt, stones and rubbish, in the street and on the sidewalk of Eleventh street, at’ the corner of Second avenue, Coneurred in. Report of Committee on Roads—In favor of opening Fif. ty-eighth street, between Fifth avenue and Hadson river. ‘© Committee on Roads. of Committee on Assexsments—In favor of con- firming ansensment Ust for flagging 125th street from Fitth to Kighth avenue, and appointing Ivaac lidwards Transfiguration church 1S Chaeapies Sor Broadway ana Centre street, be removed ration church, eorner Mott and Cross in. t permission be and is here! to the steamboat Stanford, Capt. the new Resolved, streets. John J. et te allo Locks to land on the easter! meet side of Pier 35, East vegas required to be used ferry purposes. Con- curred in. ‘On motion, the Board then adjourned until Wednesday, 11th inst., at 5 e’elock, P. M. D. T. VALENTINE, Clerk, Boakp Ov AssweraNT ALDERMEN, Monday, May 9, 1853, Present.—Assistant Alderman Woodward in the ehair, Assistant Aldermen, Brown, Tait, Mabbatt, O’Brien, Ma- bee, Breaden, , Wells, Hunt, Bouton, McGown, Stewart, Whelan, Barker, Rogers, Crawford, O'Keefe, and McConkey. PETITIONS, By Assistant Alderman McGowN—Of H.B Gray an others, to have Ninetieth street, between Third and Fourth avenues, graded. To Committee on Roads, RESOLUTIONS. By Assistant Alderman BkEADEN—That Anthony street, from Centre to Orange stredt, be repaved, curb and gut- ter stones reset, and sidewalks Adopted. By the same—That the salary of the Street paspacvers be increased to $2 per day. Adopted by the following yote. Affimative—Messrs. Brown, Tait, O’Brien, Breaden, Woodward, Ring, Wells, Hunt, Bouton, Stewart, Whecl- an, Rogers, O'Keefe and McConkey —14. Negative—Messrs. Mabbatt, Mabee, McGown, Barker, Crawford,—5 By Assistant Alderman WixxLax—That Houston street, from the Bowery to Mott street, be repaved. Adopted. REPORTS, Of Committee on Finance—In favor of remitting the assessment on Third Reformed Presbyterian Church, in Forty-first street, between Ninth and Tenth avenues. Assistant Alderman Bouton moved to amend by remit- ting one half. Report adopted by the following vote — Affirmative—Messrs. Brown, Tait, Mabbatt, O’Brien, Maybee, Breaden, Woodward, Ring, Wells, Hfunt, “Me- Gown, ‘Stewart, ‘Wheelan, Barker, Rogers, Crawford, O'Keefe and McConkey—18." Negative—Assistant Alderman Bouton—1. Of same—In favor of coneurring to remit assesment on Presbyterian Church, in Rutgers street, for a sewer built in Houston street. Adopted by the following vote :— Affirmative—Messrs. Brown, Tait, Mabbatt, O’Brien, Maybee. Breaden, Woodward, Ring, Wells, Hunt, Mo Gown, Wheelan, Barker, Rogers, Crawford, O’Keofe and MeConkey—17. Negative—Assistant Aldermen Bouton and Stewart. Of same—Recommending that the petition of G. Van Zant for cortection of assessment, be referred to Commit tee on Assessments. Adopted. Of Committee on Assessments—In favor of confirming the followin, ment lists, and appointing Isaac Ed- wards collector therefor, viz :—For fencing vacant lots between Broadway and Sixth avenue, Twenty-fourth and Twenty fifth streets, and also between Fourth and Madi son avenues, and Shirtieth and Thirty. first streets; for reflagging and resetting curb and gutter stones in front of Nos. 5, 18, 25, 7, and 9 Thomas street; do. in front of Nos. 6, 7, and Hoboken street; for regulating and paving Ninth avenue, from Forty-third to Forty-Afth street; Thirty fourth street, from Broadway to Eighth avenue; for sewers in Tenth avenue, from Thirty first to Thirty- third street; and in Thirty third street, from Tenth to Ninth avenue; in Division street, between Clinton and Governeur streets; for grading Forty-fifth street, between Third and Fifth avenues, “Adopted by the following vote, viz. : Affirmative—Mesers. Brown, Tait, Mabbatt, O’Brien, Maybee, Breaden, Woodward, Ring, Wells, Hunt, Bouton, McGown, Stewart, Wheelan, Barker, Rogers, Crawford, O'Keefe, and McConkey—19. Of Committee on Fire Department—In favor of payin; bill of repairs for Hose Co No. 11. Adopted by the for lowing vote, viz.:— Afirmative— Messrs. Brown, Tait, Mabbatt, O’Brien, Maybee, Breaden, Woodward, Ring, Wells, Hunt, Bouton, McGown, Stewai , Barker, Rogers, Crawford, O'Keefe, and MeConkey—19. Of Committee of Assessments—In favor of remitting $90 81 to Charles L. Noe on assessments, for sewer in Delancy street; in the matter of apportionment of assers- ments in relation to paving Fifth avenue, to concur tn the matter of reducing assessments on lots in Thirty-first street, and deducting same from contractor's pay. All adopted, each by the following yote:— Affi-mative—Messrs. Brown, Tait, Mabbatt, O’Brien, Maybee, Breaden, Woodward, Ring, Wells, Hust, Bouton, MeGewn, Stewart, Wheelan, ir, Rogers, Crawford, O'Keefe, and MeCénkey. ' Of Committee on Roads—To concur to pay Wim. A. Cumming for damage and expense in being com to suspend the work o: ting, &e., Forty-ninth street, between Eighth and Ninth avenues. Adopted, by the following vote:— Afirmative—Mesers. Mabbatt, O'Brien, Ring, Wells, Hunt, Bouton, McGown, Stewart, Wheelan, Barker, , Crawford, O'Keefe, and McConkey—14. wrgntive—Browa, Tait, Maybe, Breaden, and Wood- ard—5, Of Committee on Finance—To remunerate Joseph Carlisle for damages done to his property by Engine Com- pany No. 9 ($79.) Adopted, by the fo vote:— ‘Afirmatéve—Mesers. Brown, Tait, Mabbatt, O’Brien, Maybee, Breaden, Woodward, Ring, Wells, Hunt, Bouton, McGown, Stewart, Baker, Rogers, Crawford, O'Keefe and McConkey—18. Negative Assistant Alderman Wheelan, Of Commissioner of Sewers—To cencur for sewer in Nineteenth street, between avenue A and First avenue; to coneur for sewer in Madison street, from No. 175 to Rut- gers street; to cencur to permit James McKnight to con- struct sewer in Second avenue at his own expense; to con- cur for sewer in Ridge street, from Houstom to Stanton street. all concurred in, each by the following vote :— ‘Affirmative—Messrs. Brown, Tait, Mabbatt, O’Brien, Maybee, Breaden, Woodward, Ring, Well, Hunt, Bouton, MecUown, Stewart, Wheelan, Barker, Rogers, Crawford, O'Reefe, and McConkey. LUTION. ‘RESO! By Assistant Alderman Browx—That the house of en- gine company, No. 20, be painted. Adopted. FROM BOAKD OF ALDERMEN, Preamble and resolutions permitting Second avenue Railroad Company to change their route from Second to Twenty-third streets, by passing through First instoad of Second avenue, ke. ‘To Committee on Streets and Roads, Resolution—That the poll of second elestion district, Seventh ward, be removed from 38 Pike to 173 Madison street. Concurred in. Resolution—That crosswalk be laid in West street to pier of Collins steamers. Concurred in. Revolution—That the Chief Engineer of the Fire Depart- ment furnish Engine Company No. 3 with one of the old engines now in the ecrporation yard. | Ceneurred in. feport—In relation to Heok and Ladder Company No. 9, (resignation and expulsions, &c.) Concurred in. Reports—In favor of remitting tax for 1851 against the New York Hospital; granting petition of St. Luke's Hos- pital to sell or exchange lots on Fifth avenue. To Com- mittee on Finance. Resolution—That the cobble stone portion of Perrine pavement in Broadway. between Franklin and Canel streets, be removed, and repaired by gran’ pave- ment of Deghull & Co. To Committee on Streets. Resolution—That bridge stone walk be laid opposite the Methodist Church in Thirty-first street, between ‘hth and Ninth avenues. To same. ranting petition of Benson J. Lossing for lean of draw- ings of fortilications on this island in 1812 and 1814, To Committee on Arts, &c. PETITIONS. By Assistant Alderman O’Krerz—Df John Riley and others, that Forty-fifth street, between Fifth and Sixth avenues be regulated, and curb and gutter stones eet. To Committee on Roads. Of James Libby and D. P. Barhyde, in behalf of the Sixth Avenue Railroad Comgany, to be allowed to pave, &e., Sixth avenue, from Forty-third to Forty feurth street, and Forty-third street in front of their depot. To Committee on Roads. ‘The Board then adjourned to Wednesday afternoon at six o’clock. From the minutes, C. T. MoCLENACHAN, Cle: Debates in the Common Council, President Compron in the chair; minutes of last meet- ing read and appreved. etition of owners of property on the Bowery, to have the Harlem Railroad decrease the number of treight and Passenger cars upon that road. Alderman Bang hoped that it would be referred to the Committee on Streets, and he desired that committee to report quickly, as the Harlem Railroad granted the use of their track to the New Haven Railroad, which was never contemplated when the Common Council gave the grant of laying down a track to that company. Alderman Srcrtkvayt wished to remind the gentleman from the Sixth ward that those cars which he called s nusiance browght the wealth of the city intoit. If the were @ nuisance, they must, Devertbeless, bo tolerated. If such sources of wealth were to be stopped, then New York city must stop her progress in her onward course, The resolution was referred to the Committee on Streets. A commupication was received from the Street Com- missioner in regard to removing the telegraph poles in Broadway. Alderman Srurtevant said this was the second time since he had been in the Board, that communications had deen reeeived from heads of departments, asking for spe- cial appropriations and authority for obeying our orders. I thivk that if there is any nuisance existing tn this city, the proper authorities have the right to remove it, and should do so without any special appropriation from us. I therefore move this be referred back to the Commission- er of Streets. Alderman Warp—I think I presented a petition hereto- fere to remove these poles, signed by some thousands, in which they set forth that these poles were obstructions to the streets. This Board ordered the Street Commisrion- er to remove them. He now, after a lapse of two years, says that he cannot obsy our orders. I think thisan in- sult to the intelligence of this Board, and should be treat- ed with contempt. These departments, some of them, set themselves up a8 arbitors of law and gowpel—if they they have one. I, for one, don’t want to learn law of them. [don’t think them capable of teaching it to me. It he had any doubt as regards his right to obey us, he should have gone to the law department before coming into this Board. Alderman SturTEvaxt—I understand this to be a com- munication from the Street Commissioner, telling us, af- ter the expiration of some months, that we did not know our business, and that he is unable to carry out the reso- lution paced by this Board because he has no fands. There is a eontingent fund of some thousands in his hands, from which he has a right to draw for alt neces- sary purpores, Buthe assumes euperior wisdom, decides upon our powers, and plainly tells us that we do not know our duty, and that he has no right to use this fund, and that we did not know our business in ordering him to re- move these obstructions. Are we to ocoupy this humble position? Are we tobe taught by the Street Commis. sioner’ TI trust not. I hope this communication will be referred back. Alderman OaKiay—This communication saya that the telegraph company are removing these polls at their own expense, T therefore think it unnecessary that the city should incur the expense, Alderman Surrn—I move to amend by ordering this communication on file. If the Commissioner haa no funds, we have no right to expect him toact. He is acting upon the safe side, and I think for so doing he is entitled to our praise Alderman Wakp—This story that the company were re moving there poles, is the same story which has been told for the last two years. I think it is now time that Collector. “To Committee on Assenaments. Rerolved, That the t.0 gus lawye ln fromt of the old we have some new atéry, or the removal of these obstrue- Uebe shee ed Tt was carried that the communication placed on The Board then adjourned odes nk adj till Wendesday next, at 5 May 9.—The minutes of last proceedings were read and approved. ATTENDANTS OF THE SUPREME COURT. Resolved, That it be referred to the Committee en County Offices to inquire into the expediency of increas- ing the amount of compensation now received by the at tendants on the Supreme Court. Adopted, OFFICE OF THE CITY JUDGE. Resolved, That the Comptsoller giraw his warrant in favor of Hon. Welcome R. Beebe for the sum of $100 for the payment of rent for an offiee occupied by him as City Judge since the office previously occupied by him was appropriated to the use of a Coroner's office. Referred to Committee on County Offices. APPLICATIONS REFERRED. Communications from Hon. Judges Edwards, Mitchell, Roosevelt and Morris, in favor of sppotnting joseph P: Smith as attendant of the Supreme Court. Application of Timothy T. Weeks for appointment of office in the Court of Common Pleas; ‘illiam F, Stevenson, to be appointed Crier of the Marine Court. BILL P4ID. Bill of Hon. Judge Morris, $375 for additional compen- sation as a Justice of the Supreme Court, from January 1, 1853, to April 1, 1863, was ordered to be paid. ‘The Board then adjouraed to Monday next at 4 o'clock. United States District Court, Before Hon. Judge Ingersoll. Mar 9.—The Court was opened this morning before Judge Ingersoll, of Connecticut. Ju Betts is sitting in another branch, disposing of the admiralty calendar. The criminal cases not being ready, the Court adjourned till 11 o'clock, Tuesday morning. Superior Court. THE CLERK OF THE SUPERIOR COURT. May 9.—It was currently reported in the City Hall this day, that Robert G. Campbell, Eaq., Clerk of the Superlor Court, was in a very precarious state of health and had sent in his resignation. Court of General Sessions. Before Judge Beebe, Aldermen Cornell and Peck. May 9.—The court met this mo: according to ad journment. We never saw the courthouse so crowded fore, which no doubt arose from the curiosity to wit- ness the trial of Chauncey Larkin, alias Colonel Fillmore, which was set down by the court for this day. SENTENCES. Henry 0. Sullivan was finea fifteen dollars for commit- timg assault and battery on Mr. Brush, The prisoner was convicted of the offence last week, but his senteace was deferred until yesterday. ‘The clerk then proceeded to empannel the jury, each juror being sworn in the usual form, ACQUITTED. Four men named Thomas Leddy, Francis Coyle, Peter Flood, and Henry Donohue, were charged with riot ing and committing an assault on Alexander M. Allen, at his house, No. 282 Kighth avenue. Mr. Allen being duly sworn, deposed that the prisoners and others, amounting to nine in number, came into his house on Christmas eve AG bar room)’ and demanded drink. One of them, named Coyle, went into the back room, and caught hold of his wite by the throat. Witness then went in to help his wife, and after taking the pris- oner off he was attacked by him and Leddy, who attempt- ed to strike him, but he warded off the blows. After sun. dry attempts to hurt him, nearly all of them departed, except Lecdy, who, upon being asked to leave, said that he would, but if ever he caught Allen or his barkeeper in the street he would lick them like hell and damna- tion. One of their gang then ran in behind wit- ness and struck hima violent blow in the jaw, break the bone in three Page ®@ part of which was remove by the surgeon who attended him. He then went up stairs, and looked about for some weapoa to defend him: self with. Liddy and Donohue were taken to the station house that night. Mr. Van Ortz, the barkeeper, fully corroborated the testimony of Mr. Allen. William H. Cypher also corroborated the testimony of the first witness, Daniel Delavan, one of the party, deposed that he went into the house with them, and they asked for some- thing to drink. Cosgrove said he would take @ piece of pis, and while) atten to take it he was struck by . Allen, in the face. fe then caught hold of her, and she poured some boiling water down his back. He then described the fight between Mr. Allen and the prisoners. — Devine, another of the party, said he went in there on the night of the above alleged assault, and wit- nessed Mrs. Allen striking Cosgrove in the face, and after- wards pouring water down his neck. John McConnelly also corroborated the testimony of the two last witnesses, as he was along with the prisoners at ie vitae: fuearetacyel ate, juny, einieten lal e Judge nm e jury, who, after having Papi for a few moments, returned &@ verdict of not guilty. . ‘The prisoners were then discharged, no doubt much to the joy of thei sociates. The District Attorney then rose and moved that the trial of Chauncey Larkin should proceed. A. A. Philips moved, as Colonel Fillmore’s counsel Jonas C. Phillips, was absent from the city, the trial should be postponed. ‘The District Attorney then decided that he would try the ease on Wednesday, whether the prisoner's counsel was present or not. A RICH SCENE IN COURT. Catharine Willams, alins Irish Kate, « good leoking woman, was brought up ona charge of stealing a sum of money, amounting te $400, from a, gentleman, named Hamilton Lamont, of Pennsylvania. ‘The prisoner plead- ed guilty, and, upon being asked if she had anything to say why sentence should not be passed on her, she re plied, that she had nothing. ‘The judge then said he was sorry for her, but, he was compelled to sentence her to be imprisoned in the State prison for two years. ‘As the prisoner was being conducted to the prison, she sprung at the prosecutor, tore off his new panama hat. and attempted to gouge his eyes out, amidst roars of laughter on all sides. e officers immediately seized her, aud while going out of the door, she made some of the most outrageous threats against him, shying, she would pound him well when she got out. RECEIVING STOLEN GOODS. Charles Cudli was See with receivis juantities of gold and silver pens from a boy basset Chaties 'e Berry, who stole them from his employer, Mr. Richard- son, No. 4 Liberty place. Chas. W. Berry, being duly sworn, deposed—That he was an apprentice to Mr. Richardson, and that he, at differeat times, stole gold and silver pencils from his employer; he brought them up to Mr. Cudlip, the pawnbroker, a there sold about one hundred silver pencil cases, for $8 per hundred; Mr. Richardson did not know that he sold these articles; he bad been there five or six times with pencils, and Mr. Cudlip told him to bring sll he could, and he would ‘buy them at the rate of eight cents & pieee. Th itness was here cross-examined by the prisoner’s counsel, but the evidence elicited was a mere corrobora- tion of what he stated on first being sworn. Mr. Richardson was then sworn, and deposed—That he saw the pencil cases at the store of the defendant; there were about ninety-three; he got a warrant, and the de- fendant delivered the goods up to the officer; the pencil cases were worth $50 per busted. George Cudlip, brother of the accused, was here sworn, and deposed that Berry was in the habit of bringing goods there to be pawned for his father. Mr. Sammond, the bookkeeper of the defendant, was here examined by the District Attorney in reference to the entry made on his book; be never saw the boy before; he gave name to him as Thompson when he brought the pencils to the store. ‘Witnesses were then brought forward to prove the good character of the prisoner. Mr. Burns testified that he knew him seven years, and always found him to be per- feetly honorable; his cl ‘er was, in his opinion, ‘The District Aktorney then rose and said, that without having any bad feeling towards the defendant, he thought that wnbrokers who dealt with boys of the age of Charles should be held to strict account, and be dealt with according to law. ‘The Judge then charged the jury, who after a few mo ments deliberation returned a ict of not guilt; ASSAULT AND BATTERY. John Hellerman was acquitted on charge of committing an assault on Mrs. Bulley, by breaking her arm and frac- turing her collar bone. ‘The complainant swore positively that the defendant ra violent blow on ran away with her watch, and stru the arm, which put it out of joint. The council for the defendant brought up witnesses to prove that he was in the house of,his teacher at the time of the alleged assault, and therefore could not have com- mitted the deed as alleged by Mrs. Bulley. CONVICTED. Francis Mullen was charged with stealing a roll of ear- ting, valued at $07, from the store of Bott & Clark, No. 25 Greenwich street. Curtis Wilcox, being duly sworn, deposed—That he was in the employ of Scott & Clark, dry goods dealers, No. 525 Greenwich street; and that On the morning of the rob- bery, he missed a piece of carpeting which stood in front of the door; he looked around and saw the prisoner run- ning away with it on his shoulder; witness having more steam on than the priscner, soon overtook him, and gave him in charge of a policeman; the goods stolen were a roll of stair carpeting, one hundred yards long, and valued at three shillings per yard. The prisoner, on being asked where he was taking the carpet to, said that a man bad hired him to take it, and gave him fifty cents for the job. The Judge then, briefly charged the jury, who returned s verdict of guilty, without leaving the seate. Thomas Michaels, a boy about fourteen years of age, was br pen 8 charge of stealing s gold watch and ebain, valued at $67, from Mr. Cumberson, who deposed that while at the St. Charles theatre, in company with a friend, the prisoner pushed up against him, and picked , rat of hie pocket. Tie fmmediately seized the the watch o Lief and gave him in charge of «policeman. The jury, after a few moments of deliberation, returned 8 verdict of guilty. A youth named Charles Muller, was found guilty of burglary, for entering a second-hand watch and clock store, in Centre street, and taking therefrom a quantity cf goods, valued at $44. The prisoner, on being asked if he had any thing to say in reference to the affair, replied through an interpreter, that he did not enter the store, but on the contrary bought the goods from another person, about ten o'clock on the night the burglary was committed. The Jury were then discharged until 11 o'clock this morning. Tue Crors.—The Augusta (Ga.) Constitutionalist says:—'Both the cotton and corn crops in this section are very backward, and at the, prevent time are suffering much for the want of rain. Planting was late in conse- quence of heavy rains, and since the seed has been put into the ground we have had an unusual dry spell of weather, with every prospect of its continuance.”” Svrcipe or aN Eprror.—Mr. Charles C. Welling- ton, who committed suicide at Chatham Four Corners, f Ulster county, on the 30th ult., an secount of which, to- gether with an interesting letter from his mother, we published a few days since, was the editor of the Madison County Journal, published at Hamilton. In the long contested ence of Allard va. Perkins, in the | Supreme Court in Boston, being an action to recover sam- | ages for ranning over a child, the jury returned a verdict 1 Sus plaintidd in tbe cum of $1,982 ‘Tehuantepee Question. MEMORIAL OF THE HOLDERS OF THE GARAY GRANT, PROTESTING AGAINST THE VALIDITY OF THE SLOO CONTRACT. Fo His Exckuency, THe PRestpEnT OF THE Unrrep Srarms : ‘The memorialists, citizens of the United States, respect- fully represent— t during the Ame: ican occupation of the republie of Mexico, the government of the United States offered to urchase a right of free Way across the Isthmus of Te- In reply to this application, Mexico asserted that she bad eonceded this right to one of her own citi zens, Don Jose de Garay, and that he had subsequently, and with her sanction, transferred it to British subjects. Influenced by the importance of this right, and relying upon the “honor and faith’ which Mexico had panes a ina soot to maintain the ho'der- thereof ‘in undisturb- Por nantepec, wsxession,’’ the memorialists became the proprietors of the identical title thus affirmed by Mexico, in bar of the American demand, Soon after this acquisition, the government of the United States united with the execu- tive of Mexico in a convention for the protection of the transit way across the isthmus of Tehuantepec, upon the basis of the Garay title. This convention having been, in accordance with its terms, submitted to and approved by the holder of the right, was also formally ratified by the go- yerpment of the UnitedStates. It had previously received the signature of the Mexican executive. The memorialista, in the mean time, had entered upon the granted property, with the written permission of Mexico. They prose- cuted, during more than six menth:, an expensive and elaberate survey of the isthmus, and thereby demon- strated the entire praeticab lity of the work of communis eation, and the value of the right they had acquired. In May. 1851, Mexico annulled their title without notice or citation, and, in execution ef the decree, forcibly ex- pelled them from her territory, under circumstances Tiuich were deemed highly disreipestfal te the United tutes. vention then became racted tie din ion, which was closed on the 8th of ‘April, 1852, by the act of the Mexican Congress rejecting it. The increasing importance of the subject indu the Senate of the United States to request, in July, 1852, that the exesutive would communicate decuments and eorreapendence relative to the rejected convention. And on the 30th of August, in the same year, the Com- mittee of Foreign Relations, te whom thegubject had been referred, submitted report and resoluff@ns strongly approving the executive affirmation ef the validity of the tile hela by the memorislists, and recommending reme- dial action of the most effectual character. Whilst Mexico, however, has persevered in her apparent determination not to recog tian the rights thus asserted A fg government of the United States, she has repeat- avowed her willingness to grant a way of communi- cation across the isthmus of Tehuantepec, * free and com- mon to the commerce of the,whole world.” Numerous propositions bave been made to the Mexican Congress for the valuable privileges of which the memorialists have been illegally deprived; and on the 14th of May, 1852, it published a decree, declaring the terms upon which the right of opening a communication across the isthmus would be renewed. This was followed by the couvoca- toria of President Arista, prescribing the conditions upon which proporals would be received for a new grant. On | the 5th of February last, the executive, ad interim, signed | @ contract, purporting to grant to certain applicants | subject of » ch provisions and restrictions, it would be yey easy for the Mexican government to acquire sotenens influence, and pratically to control Inany collision of national interests which might oceur, the government of Mexico, armed with polities! and re) - tative powers rese: in the contrat, supported citizen’ stocbolcers, ‘the States of ‘Chispas, ity hee ht and Osjuea;?’ the companies of Oajaca and Garcia; sprinkling of British capital, and the weight of Britisiy influence would be arrayed on one side, while upon the other would appear only Mr. William D. Lee, the attorney: in fact of certain Americans, who have, pro dense tionalized themselves. ‘Then, this issue is to be decided before # tribunal at once a party and a judge. It would, require an utter ignorance of the doctrine of ehances ta consider such a contest doubtful. ‘The recent grant contains other terms to which the government ot the United States can never accede :- It probibits gthe transportation’ of military force@ and the convocatoria before referred which is made “an indispensable part cf this oomeste every jeu: lar, which, does not conflict with or contradict it? pro nsportation o fc Inunitions of war without the express pormtesion of the Mexican government. Under this rest in ca: war between the United States and any forei ogee Mexican government may give preference in transpore tation according to the weight of inducements offered; the belligerents, California is almost entirely dependen upon foreign supplies; and any obstacle to the prom; protection of our general government might entail most disastrous consequences. _A bl of San Fran~ cizco continued for any length of time, would be followed), by extreme dintress in a dependent interior. The nesex« aly of a transhipment even of soldiers in the port of Vera Cruz, and the employment of Mexican transports, are,’ like the others, absurd and troublesome requirements. The recent grant in regard to the isthmus, requires the. United States to unite with other nations guars anteeing the neutrality of the proj medium o€ communication, under the penalty of paying twentys five per cent more than the tariff rates establisl tha. t itself [Art. 21]. A compliance with such a eonditiong is utterly inconsistent with what your memorialists con¢ ceive to be the settled policy of the American government. ‘That government can neither become » ‘ party in ene tangling alliances,’ nor encourage foreign interventiom in the public a! of this continent. It will tolerate neither an European protectorate, nor an European nership. There is no more reason why foreign nations, thould be invited to protect an American thoroughfares than that the Uni:ed States should become a party to dee fend the British channel, the straits of Gibraltar, or tha isthmus of Suez. Our government would, doubtless, pre= fer that the ownership of the way of communieatiom across Tehuantepec, should be acquired and held by Ameriean citizens. There are many other minor objections to the terms of the late grant which are 3° to be urged. It containg a discrimination in favor of the government and citizens of Mexioo (Art. 15.] Itshows an undue degree of jealousy to= wards the people of the United States, in failing te pro- vide for opening books of subsarlgtion in this country: Ci which has been done in regard to land (Art. 22.) anc which more than neutralizes any allegation that the gran is American, or intended for American advantage. It cane not in any fair sense be said, that the way across tha isthmus is made ‘‘free.and common to the commerce of he whole world,” when one nation is td command @ rights which conflict with those held and assertod by your memorialists, ‘Your memorialists here advert to this grant for the | purpose of showing that it is not a reliable and sufficient | assurance of rights bighly important to the people of the | United States. If the acknowledgement of the Copied | title by six consecutive revolutionary and an‘ mist ad- ministrations of the Mexican government could not pro- | tect that title from confiscation, they submit that one | granted by an executive alone, who had violently ove thrown a co-ordinate legislature, and was himself imme- diately deposed, can scarcely be considered a permanent enactment, Especially so, when this latter grant was in direct disregard of an existing law of Mexico, requiring “that the government should not conclude any contract they enter into in relation to Tehuantepec unless | previously approved by the General Congress;”” and also, when ports of entry are closed by it, new ports opened | revenue laws suspended, public property granted away, peeun gations incurred, and taxes imposed. In addition to this view, your memorialists charge that | the policy of Mexico, in granting the new contract, has been to induce the United States, if possible, to abandon the Garay title, so long and so fermally reeognized by both governments, and accept one in regard to the samo subject, uncertain and defective in its terms and tenor, insufficient in its powers aud privileges, and which may | | | | monopoly of taxation upon its travel, and asks all otherg to unite in maintaining such authority. This contract, aecording to the information of yout memorialists, bas been,mortgaged to eertain Englisty capitalists in Mexico, to cover the advance paymenta to the Mexican government. If these advances be not repaid the contract becomes the property of foreign= ers, who would gladly seize the opportunity to lay under contribution the immense American trade whieh will re= quire to pass the isthmus at this potnt, Such a result is now inevitable, if the rights held by the memorialiste: are abandoned by our government. It mast be plaing that Mexico will never again voluntarily bestow upom American citiens the same privileges to which they are, now entitled under the grant to Garay. Your memorialists have already suffered greatly by their nationality. Rights declared valid and subsistent in British bands, have been pronounced void when ac« uired by American citizens. They have been for year the patient waiters upon the action of their own govern- ment; and, although greatly damaged by its delays, hava’ still an abiding faith in ss dantion: ‘They have incurred ay heavy expenditure. They have been traduced by Mexicant emirsaries and advocates; and have had to contend with rival interests amongst their own countrymen, whicle have sprung up chiefly in consequence of the want of a ieee enoeic aot ote angle a? | Seni aed ete wt ects right of reciamation or complaint on the part of the citi. | Peheld Mexice, whilst eppealing to the worthe fruits of zens or the government of the United States. A brief | fie enterprise, aud without « propy cob paneer examination will most fslly establish this conclusion, cis the sake of take pecposal m tee bacle ae which ia also further illustrated by the avowals of some a ieeparseiby their sanate. IY, po! of the parties to the new grant, contained in a document herewith submitted. . By the decree of the 5th ef February, now under con- sideration, the President of Mexico, ad interim, granted | the right of opening communication across the isthmus of Tehuantepec “to Wilham D. Lee, attorney fer Messrs. A. G. Sloo and his associates, and Messrs. Ramon Olarte, Manvel Payno, and Jose Joaquin Pesado, for the Mexican associates and contractors concern: in the enter- prise of the Tehuantepec inter-oceanic communica- tion, and representing the whole company, which, under the name of Mixed pany, is charged ‘with the said pening and communication, in concert with the eompa- nies named Osjaca and Felipe Garcia and ascociater, with the agents ef the States of Chiapas, Tobasco, and Oajaca.”? This contract, essentially and exclusively Mexican upon its face and in its terms, has been heralded in the Mexi- can publications, and by’ interested unreflecting persons here, as purely an American enterprise. A correct im- pression of ita character, will be obtained by an examina- tion of its powers and provisions. In legs! construction, it isa grant of s franchise,.to certain tenants in common, in which every partner is equal in interest. i the conditlons to be eomplied with are imposed upon the eompany in its corporate capacity; and we cannot com; rehend ow any individual tanto can contrcl any of its provisions. Nothing, except the unanimous agreement between the grantor aad the grantees could authorize any variance from the terms of the articles of association. There is no virtue in the baptismal appellation of the grant, to make it an Ameri- can enterprise, or to give to the American partners the right to change any obnoxious provision which it may contain. That itis fallacious and futile, so far as the interests of the people of the United States are concerned, is evident, because— Tt does not open a free way to them. ‘The way of communication across the Isthmus of Te- huantepec is required by the American government, not so much for the purposes of general commerce, as for domestie intercourse between the systems of States now grewing up aleng the shores of the Atlantic and Pa- cific oceans. This route is to become a great artery of circulation between those systems; and should be sud- jected neither to etoppage or stricture. Asa medium of ‘transit it should be as free and open as that between any other States of the Union. ‘This necessity requires the suspension by Mexico of all her Jaws that impose any re- straint in regard to the entry upon, or across the isthmus. It would involve merely such qualifications of Ler sovereignty as would be created by free ports at the termini, aud free passage through her terri Her maritime, municipal, and federal jurisdiction might re- main unimpaired in’ every other particular. Such are the provisions to which she assented in the grant held by your memorislista. It is true, that in the conflicting grant which we are, now considering, the Mexican govern- ment planeibly conrents to impose ‘no tax or eontribu- tion of any kind, either from the transit of passengers or merchandise.” “But as the government reserves to itself the right to regulate the tariff of transportation, it will be easy to exact » transit tax, mutato nomine. Besides, the general revenue laws of the republic have not been repealed even by this exeeutive edict; and sofar fromthe contract under review containing any coneession of entry without import, export or tonnage duties, it requires the company to ‘sdopt measures to insure that syary pas, senger shall observe the revenue laws of the republic.” (Art. 19.] It also exempts ‘‘ the steamboats of the com- pany carrying the transit mails and merchaudise frem ton- nage duty. ” [Art. 2. Navigation.] This elearly indicates that all other vessels entoring Mexican ports must pay this duty, otherwise there could have been no necessity for granting a special exemption, to recuré the enjoyment of commen right. The commercial intereourse of the Uni- ted States will therefore be subject to tonnage and import duties; their passengers and mails to passports and charges, and their precious metala to export duties. This medium of communication may thus be ‘free and com- mon to the commerce of the whole world;’’ but that commerce will become a souree of illegitimate revenue to Mexieo. A subject of so much importance to the United Btates, thould be placed beyond doubt or difficulty, in terms which cannot be misunderstood or misapplied. ‘The grant held by your memorialists will be found to embody a striking contrast, in this respect, to the one we have had under examination. The government of Mexico, by the terms of the Garay grant, is to “have the right of appointing the custom houre officers in the ports, sud in any other points it may chore on the line of communi- eation ; but only for the purpose of recovering duties of importation and exportation upon articles which do not come and go merely for the purposes of transport, aod for preventing smuggling; and in no ease shall they iater- fere in the collection of transport di nor in the collec- tion of freights, lighterage, or tor ges oF of any other clans of dues ; for none shall be payable, by vessels loading or unloading, for the transport of effects, as long as the communication shall belong to the negotiation. ” (Art. 8. Garay Grant J In this connexion we may consider the restrictions im- yed upon the commercial intercourse between the At- antic and Pacific States of the Union in the recent grant. The ports of Vern Cruz anc Ventosa are to be opened to foreign commeree, and made the termiui of the route. ‘This renders necessary a transhipment in those ports, of all the travel and merchandise passing over the isthmus. All this cannot be affected in an open roadstead, but will require entry, Ianding and storage, with the unavoidable expenses, difficultion, and delays attendant upon such an arrangement. If the commeree is intended for transpor- tation to the head of navigation on the Contzacoalcos, it must be shipped only in company vessels to insure ita continuous transportation. Should other Mexican bottoms be employed, there must be # transhipment or tribute at the mouth of that river, because the eompany: holds the exclusive right of navigating it. There must be again a transhipment at the mountain section of the route, and apot! t the port of Ventora on the Pacific, for coast- wise transportation. The expense, inconvenience, and danger, as well from the elements as from waste and climatic injury to the immense supplies which California alone will require; the personal risk to passengers fromm a detention in ports where the vomito and the norther hold alternate and perpetual sway; the entire inade- quacy of the commercial marine of Mexico to effect the transportation required, and the utter inoom patency of her mariners to conduct it—all show that the restric- tions contemplated in this grant will render it altogether unworthy of the countenance of the American govern- ment. ‘Again, the recent contract is subject practically to the control of the Mexican government, and can be modi- fied or annulled by it at pleasure. It reserves tothe courts of Mexico the exclusive adjudication of all questions which may arise in regard to its construction or operation; [Art. 20th, Contract 21 and 22 Convocatoria;) it prohibits, un- der the penalty of forfeiture, any transfer or alienation [Art. 20th Contraet 22d Convoeatoria,] of the grant, or the admission of any foretgn government asa partner; [Ib. ib.] it gives to the Mexican government a right of representation in the (Art. 18th Contract 224 Convocato- ria. affairs of the company equal to one third part of its entire stock; to Mexican citizens is secured the sole right, of subseription as to one-third [Art 22d Contract] of Your memorialists have been repeatedly appreache® with foreign offers of purchase, whieh they have invari< ably declined—preferring to rely upon the national impo tance of the grant they hold, and u; tice which animates the councils of their ceuntry. ‘They hope it will be remembered, that it is now mora thon four years since the date of their purchase; and! that during that time they have met with nothing bué suspense and i Chepmoin tent, Other ye ohertog a] r, are about to put in session of propert which fairly belongs to them ; and cnlees ly and he ficient means are employed for their protestion and relie! the interposit eir own Government will be of na relia eee pecte, nor in securing what has beem shown to be a great national benefit. Having pursued the constitutional course of appeals your memorialists have returned to that department which is entrusted with the relations between this gov= ernment and others; and they most respectfully an@ confidently rely, that rights which they have honest]: aequired, ‘and which have been repeatediy plese ill be sseredly maintained, ag 8 and legiti- mate pursuit, even upon a foreign s0i y may 5 tise Ruetieaivel oem is an inviolable panoply for tha ecurity of Amer! \te.”? ef P. A. HARGOOS, For himself, and Associates in New Orleans, Wasurxcton Crry, April 2, 1853, The Indians in California. TO THE EDITOR OF THE NEW YORK HERALD. My attention has been directed to the report of tha Superintendent of Indian Affairs for California by the notices which I have seen of it in the public prints of the country. In looking over the report I find some strange things set down to the charge of the citizens of thaé State which are new and unaccountable tome. I aug unwilling that a report so unjust to the citizens of my State should go to the world uncontradicted. I regret that the Superintendent had not informed himself better: before he made his report. It is evident te my mind that he has done so entirely from the say so of others, and hia: informers have been very careless in the manner they com~ municated their information. I have resided in Californias since October, 1849, the greater part of the time in the mountain, or mnineral region, which is now, and has beem during that period, inhabited tf thedndians. I resided from August until December, 1851, on the San Joaquim river, within two miles of Fort Miller, where there is the largest collection of Indians in California, and I have travelled a great deal smong them in other parts of tha State, and I must say that I have never heard of sucky acts of barbarity as are set down in that report against; our own countrymen. I her Resorts river in Later after ny affray had occurred, whiol represent: in his report as @ masea- cre of women andchildren, and which he fray, and the gentleman who is stigmatised as the leader of the massacre I have known for yeers. And from the careless manner this affair has been reported I come ta the conclusion that the whole history of Indian barbari- ties in California is somewhat 2 . In this affray’ there was not one woman or a single child killed, even wounded. The Indians made the attack upon tha Americans, and wounded one man with an arrow beforer there was one Indian got wounded; the rest fled to the mountainsy as 1 was informed by Major Harvey, who was the leadery and also by the entire party, in six hours after it occur- red. | Om the next day, & party consisting of nine, 4 King’s river aud visited the Indian village. I was one of the y, and we saw the Indian men who had been eu- gaged in tive affray the day before, who informed us thatt they had been told by the Indian Commissioners to fight: for their land—that they supposed the white men were looking at their country to take it from them. We tol® them that such was not the case, and immediately enter= ed into a friendly treaty with them, and at their requests. I committed to paper the purpor® of our talk. ‘ Our party parsed on to what is called the Four Creek Country, and remained among a large number of fer several days, looking at the country, and on our re- turn to King’s river we found that the Indians at that tlace bad Soot their promire, and the whites and them were getting pha of sieesy. tuts i Wi thine ‘This whole a! was greatly exaggerat a $ and those of us who happened to be in that region of the country at the time did all we could on our return to an Francisco to correct it; and [ should have supposed the exaggerated statements which found their way into the newspapers in the month of July, 1852, would not orm part of a re; made at Washington in the monty of Kebruary, 1863, The Superintendent has done great njustice to’ the State of California in the following, which I take from his report :— “ Accounts of the killings usually appear in the news- papers, and as such accounts are mostly derived frour theactors, they appear as war exploits and expeditions, for which the United States is called upon to pay. The total demand for Indian wars in California, it is believed, is near a million of dollars.”” é Now, the facts are, the State of California ‘owes a debt of over one million of dollars, for which she has given her bonds, a part of which bear twelve per cent inter- est, the remainder reven per cent. This debs she owes for men aud supplies ordered by the proper authorities of the State in det of the lives and property of the people, and not a single debt has she assumed where the parties had not been properly called out by the lawful authorities, This debt she expects the government ta pay. The report is a very strange one in other respects ; butI forbear saying anythiog more, as I know it will be fully investigated by the people of California, Very respectfully, your obedient servant, BLANTON McALPIN. Washington City, May 7, 1853, A Three Cent Pleces Wanted. Miesiserrrt VaLury, (North,) April 25, 1853, TO THE EDITOR O¥ THE HERALD. ‘The decision at the Mint, suspending the coinage of three cent pieces, operates unfavorably for a great por- tion of the West. Notwithstanding the large amount stated to have been coined and issued, they are, never- theless, very scarce through this section of the country, ‘and needed more than any other pieces, It may be tha the large cities east and west are well supplied with them; but whether so or not, the country towns and ine terior generally are still laboring under great inconve- nience from the want of them. Quarter dollar pieces aro more abundant here than any other silver coin, and ‘opored operations of the Mint, Veo agg bead some time t come, must have reference ee Ad accommoda- tion of the Fantern cities, where, bly, nine-tenths of the three cent pieces are in circulation, It is only withia the past month (since the opening of navigation) that we eonld order three eent pieces in any quantity, and the stcek during the period of six months ; it places the foreign members of the company under obligations to oe the eleting to thely arsoerate rights. Witl vex, in [Art. 20th, Con 22d ne ' orders which left here more than two weeks ago, are not ‘and will not be filled under the new regulation. Is there _ bo hel, for us? WESTERN sU33CK10ER, un fired; and it was so soon over that butr~ -s