The New York Herald Newspaper, June 27, 1853, Page 6

Page views left: 0

You have reached the hourly page view limit. Unlock higher limit to our entire archive!

Subscribers enjoy higher page view limit, downloads, and exclusive features.

Text content (automatically generated)

‘ eroment io ‘sivance the Well-being of the Country. eo BNCOURAGENEST TO COLONIZATION. ry a ~-aarigation ‘)@@lonization of the banks:— w Peru. te in all claases of society, of a = vantages, and at means for increasing the veived with general enthusi- cvutre of combined action for government of Pera in- ' dividual enterprise and of with interest by those who, «res, are seeking means to im- 14, and also by the owners of ‘ Will be res fees foo 1-3 apply. shea to the very who. 5 apply. wor! re and vast ji. = Peru, watered b; Ama- find its bra! —profits from which are not ay era, but. |) udred times greater than those are now ai’ ..d amidst the dangers of strong the great advantages and the 1 "The fling ure terms by which the enterprise is recom- ; i Mee Eirerament +o: Pera and Brazil have formed mse of establisl the bf for the pur naviga- ‘tle of the Amaz:, its mouth, on the Atlantic 5 the newre ¢ the Peruvian pu-sible points of « This pe Went hasiog: been y x united, bi eompan, a hy of carry sug into effect the navigation, by ry; ite stew stunts, which it was required to =~ in Muy o” the present year; and has A 4 i sun of money, destined to sup- pert the €. lerprise. The Peruvian gov- hes, moreover, ordered the construction of q ibuut- to aid in the navigation of the ithe purt Lelon, to Peru, and to ex- Peruvian rivers for into it. ; to colvtiaation, we do not yet know doue by Urasil; but, in Peru, the Min- and joreles Relations, Dr. D. Jose , has si; ced a decree, by which, after Bee ¢ Officia] division of the Peravian lands on ek ‘whiok ¢olonies are tu be formed, the foll favors Arma 5 ing to settle there :— gratuitous land, seeds, and i seme ob agriculture. “Ua. Absolute freedom: of aoe, Bee te and ex} 3d. Not only are ities remitted, but the settlers of those 2. Mew tattitories are cee tee iron ed theterm * ott excepting o1 small munici; ae sa cnt belonging to ‘the Cathalio ¢ andte the ;.:»vagation of the Christian faith ve Mavage tiles. ure at the charge of the Peru- os ee a tr ot mee be author ol heir ‘ocal concerns, by municipali- ‘ee fan of individ als taken rata eae pend todecise r! eur jadicial questions by means ; This dectee we subjoin. . po eae the iuvors offered by Pera to those o to. go und populate the immense val- leys on the easwm side of the Andes. Bat, whit ‘ddvant:ves do those vast present. soem sire to commercial enter- ~sprige y are the following :» Virgin lands, abounding un fruitt. und inexteaRie saa of z Types and imme: product. ae hey Safina Breat tistasces over the 8, almost " titan ater Wer tae finest building’ timber; such aft fhe ™ ipted - pe, so that any piece of furniture, al- o pe eotietruction, would be an object of —iuxoury, merely froin the value of the material. sceaarery rere qualities, liaina fe tery hichin ee et rare qi ies. Maina is ve ij otoemmed: — ov'z sassafras, elm’ almond, chon. ta, de, With respect nonce arr! namie us f@re'found iu prodigions variety, in immense and Z tity, 2nd all of the best quality, 84 BARar-caue. balaam-copaiva, and man’ ed to calnnet-work are of exquisite quality; incomparable and enti . kinds of druzs and medicinal plants of all | ofee mare, quina or Cancaliiia, cotton, | 5 Waxes, ayperonds of allcolors and of 3, , potalves, yucas, sweet potatoes, insize, garden vegetables of every kind, abun dices of various § atte - ‘be mineral kingdom is very id a8 yot untouched. According to ac- wen. byes iners who have passed through f gold; and it is very probable that __and deposites = every ied ‘Precis stones will be discovered. ‘ and mapy* otwef ‘combustible substances are | pfound ia_vast aud extensive beds on thoxe plains. ae aaimanl edom is very mud “varied, ychiawes Of ats , birds, and fishes, and so ‘that ‘the » (e0d for-all fmacalesista wite may Ve Gat gptianns the ere resources to be derived from ov , their beautifal feathers, and abundant | . @ity Which even now forms a principal article of com- tReneetot the small towss situated on the banks of the : vand Ucayalia, with Para, in Brazil. reat attractions, collected on the vast the Amazon end its tributaries in te D * ep moana althf. I climate, 71 ,0%he trepteal nature of those is such that it remunerate every all prodections, and countries eminently ag- ig the advant at- oe iy of . bein, ook Sep acca hen its branches, which are a for navigation by large vessels, it is evident that Europe may find in those extensive val- leys, a vast fleld whence she may obtain immense quantities of provisions, and numerous and hitherto bu anknown rare. materials. core erg may find a fountain to vivify her mani ; and the men who shall , ‘dnd work those. favored regions, will ingurethe consumption of all-ber products. To one he leeks for commerce, @ new and extensive market fs offered in those colonies, which will be near Baropevstzee £000 sailee on the zivews will be passed _ tee Fy cp nboate sate porthern coast Braail, where the Smptios e ocean, ww days all rom: ports. Bat offe ed to ‘trade do not end e 1 view of them we may.expect a most 5ootilliant fetere;' for in the whole course of the Ama- zon (a course which compretends, awe have said, two thousand. miles), counting. from the Paso, on const-of , to Sgraycun, which is the prin- 2 fon placvé if the Peruvian territory, that iver. receives, aayrsil from. the north as m south, the waters tributaries, "feiverte al the Stated of Bodth te tatlishltg’ America to Fa them all. ” ation and wi line. it will be baa, Neasures Taken by the Prassian Gov, | Bruit Pei “SA corresponde::: furnishes us with the following Pyateresting communication on the subject of the ae of the South American rivers, and the " o! enterprise and the desire for ly un- | cies, exquisite | | veridns: at’ Gifferewt periods, there are mines | jane would supply sufficient | there, with- | the incomparable advantage of | EF : 4 f ret to have been authority, in with the statutes Comuet of $74 dor, Peru and Chile-although merchandise may be | of these corporations aball be submitted tothe appro a trading Sha carried across the Isthmus of going round | bation of the government. ae ee y atk tee cir ot va Cape Horn—if we make this scanpaniens, Sadie Art. 22,—Because that territory is a new establish- ‘The complaint set forth— keep this latter circumstance in , We may, per- | ment, aud has no judicial authorities, the new set- 1, The g | power given by the ancient charter haps, be allowed to say, thatthe prospective advan- | tlers shall be allowed to appoint, for the administra: | 2 (eB te the Gommen Council, pr ed offered to commercial by the | tion of justice, their own ited judges, electing a with four or more Aldermen of Panama, at least with respect to the | them in the most convenient manner, until Congress four or more Assistants, to make by-laws, or- trade with the western coasts of South America, dis- | shall statute what is to be observed | Ginances, &c., which to them shall seem to be good appear in the view of those offered by the navigation | relative to the administrstion (of Justice, as well 8 | for the good rule and goverument of the city, and of The receipts at tide water of flour, wheat, corn and the Arsson. bag igs sa gpa tap the inhabitants, citizens and residents, &c., thereof. wih, ee dine hae These, then, in review, are the benefits offered b; Art. 23.—The exploration of the interior rivers 2. That by agt of the duly passed Le ’ ‘ week 1862, have the a project which the Minister ot State and | of veru, having for its principal object to establish | 1 the 4th of Fel , 1822, entitled, do. it is as follows:— Foreign , Senor de Jose Manuel Tirado, | communication with the missions of Poguro, the In- among other things ena: that’ the Mayor, Alder- Flour, Wheat, corn, Barly, has carried on from its commencement to its present | tendant-General of the said missions shall be required | yon Gua cman the city of Now York, ip _ bel. oui. bush. bush, state, with great resolution and inexhaustible perse- | to observe in his jurisdiction the dispiciiions o: this ) xe-~77 a Yes s z » iD | 188.513 ..128,778 193,087 94,409 6.202 verance. | decree, having a direct understanding with the go- | Common Council convened, shall have power, to 1862......107,780 788788 Sie 8 AAn immence ‘eld is opened to the labor and oapl- | vernment. Jeake 208 eee enetiin awe end comiamnces 98 Oa Dec.,.. 9.004 Ine 8,209 Deo.124,830 Ine. 6,261 tal of Europe, giving and abundant returns— | Art. 24.—The Intendant of the missions shall make | #8 ge solution or iataligenes offees Fy ts py sie ‘ . 6 families of the old world, where they may find the means of happiness, which they seek; supplies of raw materials and vegetables of excellent and unknown species, which would give 4 néw impulse to European manufactures; a prodi- e tween Europe and le of South Americ: short, a pit ber eer fos and an inconceivable and excessive advancement in the state of the industry and commerce of the globe, and the condition of human happiness. What is reqnired for all this? ‘ Only two things: First, The stimulus of capital and emigration from Europe; second, arrangements among pean capitalists and emigrants to reach those regions. The first step has been taken, so far as relates to Peru. The roment of that country offers the protection of liberal laws and the aid of their resources to ee the territory invites them by its fertility. Itis only necessary that the capitalists and laborers of Europe shall accept the offer made them, and, doubtless, they will accept it. As a complement to the information contained above, we give the following translation of the decree of the Peruvian government:— DECREE ISSUED BY THE GOVERNMENT OF PERU, TO PROMOTE THE COLONIZATION OF THE COUNTRY. Article 1—In conformit) with the Empire of bi on the 23d of 1851, and during ita continuance, the navigation, trade and commerce of Hrasilian subjects waters of the Amazon are declared free in that pa Se shores belo! to Peru to the point of ‘auta, at the mouth of the ali. Art. 2.—The subjects and citizens of other nations which also bave treaties with Peru, by which they may enjoy the rights of the most fnvored nations, or on whom those Tights may be conferred, in what re- lates to commerce and navigation, in conformity with said treaties, may, in case of entering the waters of the Amazon, enjoy, in the adjoining of Pera, the same rights which are granted to ilian ves- sels and subjects by the preceding article. Art. 3.—To carry into effect the two pi ing ar- ticles, and in compliance with them, the of Loreto and Nauta are declared to be ports of foreign commerce. Art. 4.—In conformity with the law of November 20, 1852, no fiscal duties of import or export shall be paid in said ports for merchandise or produce which shall be imported or exported through them; but these do not include merely municipal duties, which the settlers may He ‘deer for on of local utility. Art. 5.—The exploration. of the interior rivers of Peru, which flow into the Amagon, shall be per- | formed by steam vessels, whose construction has al- ready been ordered for that service. Art. 6.—The Governor of Loveto, asthe chief, shall | have the civil and military jarisdiction, independent of the Prefecture of the Amagon, over all the terri- tory comprised in the limits, or the districts men- tioned in the follo article, where governors shall be appointed subject to the former, and invested with the same civil and military jurisdiction, in the dis- tricts which are subjected to them. Art. 7.—The following territories are erected into oa and placed under the governors above men- joned: ON THE AMAZON AND MARANON. 1—From Loveto to Camucheros; the Governor's residence at Loveto. 2—From Camucheros to Pébas; Governor's resi- ran. 4—From Oran to Nauta; Governor's residence at Nauta. . ON THE HUALLAGA. 1—From Laguna to Yurimaguas; residence at La- guna. 2—From Yurimaguas to Tavapoto; residence at Tavapoto. chiza. { 4—From Pachiza to Tingo-Muria; residence at the | last place. ON THE URAYALI. 1—In the villages of Nauta and Savaecaya; reai- dence at Nauta. 2—In Catalina and Tierra Blanca; residence at Catalina. | Art. 8.—Weanthorise the Governor General, whoze residence is at Loveto, by these presents, to make | the changes which, in view of the places, he may | judge necessary, as well in the asin tae residence of the {sovernors, provided that they have & provisory character, and be made until the appro- bation of the government. Art. 9.—The Governor General is authorized also to superintend the government of regulations which he may have established for the maintenance of order; and for | this end he shall have at his disposal a sufficient force beside that which he now has at his command; provided, however, that that force shall never be em- ployed to reduce or to act in a hostile manner against the indigenous tribes who may be drawn into com- munication with us by means of commerce and per- suasion, which it ia recommended to adopt in the | most pacific, the most benevolent, and the most libe- | sense. Art. 10—The Governor General is authorized to grant gratuitously, to all who od Mbece to establish themselves in those places, whether they be natives or foreigners, whencesoever they may come, under the national Gependence and subordination to the authorities, titles of n to the lands, in con- oat fa negadas, in proportion to the powers, means | and ability of cultivating, and the families of those ( who may establish themselves, and according to the number of individuals of whom they consist. Of these concessions he shall give account, in order that they may be confirmed by the government, by executing the titles of property. Art. 11.—The local Governors may make grants of land, of from two to four fanegadas, with the knowledge of the Governor General, who shall in like manner tae acoount to the government. Art. 12.—The large grants of territories, for found- | ing colonies, towns, and haciendas, shall be made by the government, by a gratuitous title, but by means of contracts, in which the condition of colonization shall be fixed. Art. 13.—Every grant of lands made to individuals or families, in conformity with articles tenand eleven, shall be forfeited, if at the end of eighteen months la- bor oe on them shall not have been com- menced. ernment for colonizing en’ according to article twelve, the terms contemplated | in the decrees or contracts of concession shall served, in what relates to the clearing, building and peopling. | Art. 15.—Beside the preminms which the law of | November 17, 1849,* grants to vessels or empresa- | rios bringing colonists, the government engages to give to those who shall come destined to the lands or | | valleys of the Amazon, and its tributaries in Peru, a | passage to those places, and instruments and seeds, all gratuitously, of which sufficient deposits shall be | } to establish re gon and trade’on all the | o ‘paibateries of that. river, whith, in their turn, | 3 ginto many smaller navi; stzeams, tra- | Rasa sires oy Sie oF eeplae ; wich. to Buy, a” Cotiplete sys- reomof easy channele aud rapid teal will be | ==opened: all the extensive merican . continent; further, alithe articles destined for ‘the, jou ot the countries in- the western part it need not be cafried round Cape | Ronn. ‘the coasts, anid td be’ carried far into interior; tor when bt pn ny a = Bball once have opened, they will take - a aa Toads, iualting the transportation more oda yand lees laborices amd expensive. As one bo mit introdaces anther, and one step in : 2 greater, it will surely happen | ‘ have been extabiished thro , aid the néw settlements whic form ontherichaad ybeen founded and’enlarged, it must sure! we repeat, that al] the various States of Sout! it is ‘ ter sneaie of weit givers, they will nd i > ‘heads of navigation on the streams flowing into the hi ‘gan. he country, viz.: the Amazon. This & will: be the sovner attended the shorter the ri = ‘i taken to minke tle colonies prosperous; the inimense saving of time, difficulty, and , fivally, the consequent reduction of | rea, and, the increased consumption of European ‘wa sifueb are the inevitable consequences of the navi- | pe So ow Of the Amazon, and the establishment of ag- | me colonies on the plains watered by that river « nding th jitude of sach re- r (Comprehending the magnitude of sac! gnc chachg Iie immense benefite, which ny may such a system of roada, is now I ‘alt her efferta to promote the navigation of Sot Shas porpose hhas ordered the con- yf I ‘sums roads leading to these streams. wie - time extensive works are going on wane Aiffrent, points in, the Foravian Lee c the of the Inte Hed, or Tirado, who has undertaken the aveomplishinent of this enterprise with great resolution, bas ordered the engineer to lay ut, aa, s000 ma possible, lines of roads to lead to vast system of river communi- | " fhout | vast plains of Peru, | brought jnto communication with the | * laga. oat their ronds and | etmaneionle hemtce the coast to the | ber 21, 1852, the cultivated lands and houses erect- | of aqnatic roads—the improvement and | of land rouds in ali the republics of South | to Qpon them, and is also iY of money for the | placed under the charge of the Governor of Loveto. Art. 16.—A State vessel shall be appointed to the service of conveying those who, being nativés of the country or foreign immigrants, may wish to go to those places to establish themselves, and after reach- ing Hnanchace,the Prefect of La Libertad shall pro- vide for their journey to the said places, while ex- plorations and preparations are making for the journey of the immigrants and settlers by. the Hual- ‘Art. 17.—In conformity with the law of Novem- ed shall enjoy the exemption from taxes and the other privileges granted by the laws to the posses sors of wild fanas. Art. 18.—The new settlers shall pay no taxes for the term of twenty years, according to the law of May 24, 1845, and Catholics shall pay no obven- tional or parochial dues, the curates who may be established there being paid by the State. All new settlers shall alao be exempt from the tax on stamped paper, being allowed to use common paper for their itions and contracts. Art. 19—All pensioners of the State, civil or | military, who are not in actual service, or desire to | reside in those territories, shall enjoy besides the | concessions of this law, their respective properties, which shall be paid to them in those places, for | which end the Prefecture of La Libertad shall remit the necessary funds to the Governor General of L.0- veto, in charge for the respective dependencies. Art. 20-——The goverament shall facilitate the transport and establishment of: missionary ecclesias- | tics and others who, for the purpose of propagating the faith, or for the service of religious worship the Catholics who may establish themselves , may be sent by the ecclesiastical prelates. Art. 21.—It shall be allowed in the new set- | ements to the individuals who form them ‘te unite in municipal corporations, ander the ' presidency of the governor of the respective dence at Pébas. | 3—From Pébas to Uran; Governor's residence at | | 3—From Tavapoto to Pachiza; residence at Pa- | 8 police of the districts, informing the | 4 with law of November 21, 1832, from two to | s Art. 14.—In the grants of lands made by the gov- | 5 rises on & Ierge neato, | Be. ob- | Th fertile lands, untouched, with new and various pro- | the distribution of lands in the most regular manuer, ductions—a -pleaaan and extensive asylum forthe giving account of the adjudications which he may hether to confirm or to change them, if they make, wi were not in conformity with this decree. | Art. 25.—It bein; under the direction of that functi | possible. Art. 26,—The actual governors of districts, of the | upper and lower missions, and of other territories be- | longing to the State, on the northera side of the Amazon and Maranon, shall continue to exercise the authority they possess, dependent on the Prefecture of the Amazon, until the necessary ordinances shall be adepted for the most efficient government in those parts of the territory. *By the law of November 17, 1849, elted in this | decree, thirty dollars are granted to the captains of im migrant vessels, for every colonist they shall introduce | mtothe country, onary, | Synopsis of the New Mexican Tariff. | {Froo1 the Now Orleans Picayune, June 19.] | Ry the kindness of Mr. Dabelsteen Vise Consul for losing synopsia of the new Mexican tariff, a copy of whicb he reovived in advance from the Mexican govern- ment, by the steamer Texas :— The tollowing are the ports declared open to foreign eommerce :— On tbe Gulf of Mexico = Bautista de Tabasco, Vera Cruz, Campeachy, San Juan "famsulipas, and Ma'amoras. ‘ampico de and Mazatlan, and Gaimas in the Gulf of Catifc 6 On the Northern frontier :—Matamoros, Presidio de) Norte and Paso del Norte. On the Southern frontier :—Comitan and Tuxtls Chico. The principle articles which are declared free of duty, om importation, are :—Cardwire, quicksilver, oral, (#1 it is not mined in the country in sufficient quaatity,) animal carbon, lumber for building purposes when im- ported st El Pano, type. books and printed matter stitched gricultural, and mechanice! implementa, all kinds of boats, veesels for navigation, rage for per, fire bricks and printing ink. Gold and silver bul- “th hla he pra vm are cipal articles the im, tion of which in prohibited :— et | Tafa or brandy, and all other spirits, except those produced from the grape, gin, rum, and such others as ave specified when imported in bottles, flasks or jugs; starch, except av specified; sugar, rice, indigo, copper and brass wire, sulphur, boots and shoes, coffee, wax in manufactured form. cast mails, bar copper and copper utensils, tortoise shell manufactured, morocco leather, bar tin, bridle bits and spurs such as are made in Mex- ico, deer +l flour, (except in Yucatan ) cotton yarn for the term of one year, after which its iaaport is allow- ed, as specified; common soso, lard, molasses, lumber of ali kizds except spars; saddles, cards. gold laut, broad- cloth except first qualities; parehment, lead in pig or shot, powder, except sporting: imitation rebozoa, cloth- ing, except as specified in the toriff; salt, saltpetre, tal- low, tobacco and sugars, salt pork, wheat and all groins, blankets and coverlids. ‘The iaw of the 4th of April, 1840, permitting the im- portation of flour, rice, sugar, coffee, pork sides, lard and all other necessaries, at Matamoras and other frontier ports under specified duties, remains ia full force. TARIFY. Steel, per quintal..... $150 Cocos, Guayaquil, per Calf ie por al wv pi aes sade § ow jeand 9 dinar, por qi... 6 00 35.00 Alo ‘and cider, in 1 thes, perdi s-ss.cs. 600 in barrels per q aw Provisions uot. prohi- bited, 2 bams, is sages, &o., per 60 Preserved provisi per ql 5 » ih 16 00 iy, 1 29 00 per q ql 300 em S om rermomeer me S ea S388S & SSSets S = Seusssee Se Sts ss Do. bob ‘8 Ww Prot 00 per ai 00 oo mentees Window elas 6 fi Olive oil per q Tronware is classified in three Olives, per ql 2 olasies, pastug respectively Gin. pottles ss . r Nailay wrought OF Gut, gous inch is 6 00 acekis 5 ‘one inch long, POF GI. see eeeeee B00 ed. per gl. + 400 Do. do. less than one Vinegar, barrels, porgl 14 — inch, per q 809 ‘The list of articles of hardward, which in the iff are classified in six classes. paying roxpectively $5, $.0, $15 $20, $20, nnd $40 a quictal, remains without alteration and with thessme duty. COTTON GOODS. $3 00 $10 Fer quintal . ments an ge Do. worked, Handkerchiot threads to the quarter ie, omch....... ofan inch, per vara... 6 Umbrellas, each... . WOOLLEN GOODS. Woolen ‘and worste 4 Carpeting, ous esses S ess Goons. Linens, of moro than % threads to the quarter of an inch, per vara, 99.07 2 Do. printed, &o., 1 yard . per vara... .. 007 Do. damask, “i* yard wide, per vara..... 0 09 Do. worked 1 wide, per vai Stockings, men’s, Do, children’s, do Handkerchiefs, colored, 1 square doz. Do. white or common, ad crass ite or col'd, lored border, 1 yard not over 3 thrends to square, dor... ..-. 1.00 the quarter of an ineh, Do. worked, 1 Lyard wide, per vara. 005 square, doz... SILK GOODS. Blonder and taces, all Silk for embroidory, per k a eee M12 Umbrellas, Silk for ¢ 20 fe. ench. ... 100 Bilk goo Raw silk, per 8 per Ib. o MIXED GOODS. Cotton and rilk, per Ib. $1.00 Wool and silk, perth... 120 Linen and silk, per lb. 150 Goods with metal introwork | Others, not metal, as ed_will pay 20 per cent on linen, wool. silk ‘and Vaination, cotton "per Ib... .. 48 MISCELLANEOUS. Fans, ivory. perth... $1.00 Bricks, common, 1,000.. $2 00 Do. tortoise shell, pearl, i 1 . 350 ao, per Ih. . Arisclal lowers. ” oo 0 00 2 | per tb abees India rubber goodn, per » invoices, ships’ papers, ke., ‘The tariff Jaws respecting | remain withont alteration except that the weight of ail | packages must be expressed Thia tariff will go into operation the first day of Septem- | ber next, for ‘ait vessels bound feom A‘lanvic ports to | ports on the Pacific; on the Ist of Wotober, for venseln | from European porta to porta on the Gulf of Mexieo, aad | on the Int of August, for vessels fiom Americaa porta and Islands to porte on the same side of the continent a the port of departure, | _ Until this tariff is enforced, duties will be collected by, tariff of 4th of October. 1845, with the reform: esta- | 4 by the Inws of 24th of November, 1849, and 24th | of Jamuary, 1863, ‘The imports of cotton yarn will be permitted for the term of four months, from the Ist of June, paying adaty of fifteen cents # pound. Frorma.—The_ torpentine Gatitery, to Hugh Archer, Faq., attuated oa che about reven miles ore ‘Tth inst. with | £3, nd resin, The on @, ordered by the law of May 24, 1846, that the roads trom Puses to Pozuro shall be PI | opened, and from Pozuro to the Mairo, the necessary gious faci goons economy of time and expense to | funds shall be provided by the State, in order that | the Intendant of Pozuro may soap those works, 3 soon a3 Mexico, we are enabled to present to our readers the fel- | | On the Paciéic Ocesn :—Acepuleo, Manzanillo, San Blas | fornia, 1S | per. per 4 Cheose, per al. 400 Sardines, salmon, &e., peer ats 400 | ‘ea. per ql. } Wine, “whic, | to | 0 belonging ‘akulle river, St. Marks, was destroyed by i quaatity of apirite of co los ts oxtimated nt { legislative power of the Cor shall be vested in the of Aldermen and the Board of Assistants, ‘who together shall form the Common Council of the city;” and also that “ever act, ordinance, or resolution which shall have the two Boards of the Common Council, before it shall take effect, shall be presented, duly certified, to the Mayor of the city for his approbation. If he approve, he shall sign it ; if not, he shall return it with his ol ions,” &c.; and then its out the manner in ich reconsideration shall be had ; and if, on such reconsideration, approved by a majority of all the members elected to each Board respevtive- ly, “It sball take effect as a law of the Corporation;” and further, that if the Mayor do not retara the act, &c., within the time limited therein, ‘it shall take effect in the same manner as if he had signed it.” 4. That by virtue of the charter and the above- recited acts, at a meeting and assemblage of the said Common Council, duly held and convened at, &c., on the 14th of May, 1839, it having been found necessary by them, a certain by-law or ordinance was made and , entitled “ Of intelligence offices,” in and by which it was ordained, ating forth the law:) I—The Mayor to issue licenses to such persons as he shall | think to keep intelligence offices. IL—What license specify. IIL—The amount to be paid to the or for the use of the city by the persons licensed. '—No mn shall keep intelligence office in the a New York with- out ha’ such license, ander the penalty of $50 for | every such offence. 5. The complaint sets forth that | by another ordinance, on the 14th of May, 1839, it was ordained that fines and penalties, &c., shall be sued for and recovered in the name of the | Mayor, Aldermen and Commonalty of the cy of New York. 6. That the defendants, on the 11th of January, 1853, at the city of New York, in a certain store or building, known, &c., ‘did then and thero | unlawfully keep an intelligence office, without having @ license as required by said ordinance, contrary to the said statutes, by-laws and ordinances, by means of which defendants owe the plaintiffs the | surs of fifty dollars penalty as aforesaid.” To this | complaint the defendant, Nash, has inter | murrer, Ce a eens therefor. 1.—That | an intelligence ice is not defined either in the acts of the Le; ture or the by-laws or ordinances; nor is it stated therein what act or acts constitute the | keeping of an intelligence office. 2. That the com- | plaint does not state what is meant by an intelligence | office, nor set forth any ‘ific act or acts of the de- | fendants, showing in what respect they violated | the ordinance. 4. That the complaint does not show | that the Act of the Legislature, entitled, ‘‘ Of Intel- | ligence Offices,”’ was passed according to the require- | ments of the Constitution, i. ¢., by a two-thirds vote. | 5. That it does not appear by the complaint that the | plaintiffs have aright to sue for the violation of the ordinance. The third and sixth causes of demurrer will be presently noticed. In regard to the first | cause assigned for the demurrer, it must suffice to say, that the Legislature must be deemed to have | used the term “intelligence office,” in its ordinary | Sense, as used and known in the city of New York at the time the act was passed. They must be deemed | also to have used that term in reference to the condi- tion of things then existing in the city, to which | alone the act applies, and with a full acquaintance with its past history. If, with a knowledge of the history of the city, and the various pursuits and | business carried on therein, and of the terms or des- | ignation by which the various places of business | were known and characterized, and of the sense and meaning universally attached to the terms employ; | te ‘Court can unde Tome | inthe'statate, the rstand what the islature intended by the term “ intelligence office,’ 4 | then the law is not in that respect liable to the objec- tion that it is vague and uncertain in its meaning, nor is it void upon that ground. Of all these means of | | interpretation, the Court are bound to take judicial | | notice; they are ees to know whatsoever is matter of such pul apprehend there is no difficulty in learning the true | intent of the laws in question, and if so, there was no occasion for further ification in the law itself. | The second ground of demurrer would not, I think, | be free from difficulty under our former system of | pleading. The law and the ordinance may be valid | and intelligible, and it be yet necessary in declaring | to aver the ‘ific acts imputed to the defendants, | which bring them within its provisions, and subject | them to the penalty. he who is convicted of murder, or burglary, or other | crime or offence, (designating it by a name of known | signification,) shall be punished by death, or other | specified peste , would be a valid act, and yet an | indictment | sion of murder without specifying the act or acts | which constitute the crime according to its known | definition, would hardly be insisted on us sn@icient. | That would be a mere averment of a legal result, | whereas it should contain a statement of such | facts and circumstances a3 constitute the crime imputed to the defendant. But without pursuing | the subject, or inquiring how much less strict | the rule of pleading may be when applied to an ac- | tion of debt on a penal statute, this objection must be dis) of under the code, and on another | ground. The true character of the objection is not id complaint does not aver a violation of the { 2 Anak or finance, and so bring the defendants | within its very terms, in such a sense that the Court , Inust say that they are liable to the penalty, but it is | that the pleading is defective for want of sufficient | | certainty ‘und particularity in its specifications. On | demurrer it stands admitted that the defendants | have violated the ordinance by ee BD very thing | Which the ordinance torbids, and whatever acts con- stitute such violation are admitted to have been done by them. In this objection the defendants have mis- taken their remedy. They should have moved, under section 160 of the Code, that the plaintiffs make their complaint more definite and ceriain, by such specifica- tionsof acts, &c.,as they relied upon as constituting the violation of the ordinance com of. The fourth ground of demurrer, to wit, that the complaint does not aver that the act of the Legislature was Fosse by a vote of two-thirds of the members of the Legis- lature, conformably to article 7, section 9 of the con- stitution of 1821, will be briefly disposed of by ob- serving that, on demurrer to a declaration which avers the passage of an act of the Le; jare, or which proceeds & right conferred such an act, the Court always presume that the act was ed in a constitutional manner. (Thomas vs. Da- | kin, 22 Wend., 9; Warner, &c., va. Beers, 23 ib, 102; | Hunt vs. Van Alstyne, 25 7b, 608.) So that, | if it were conceded that the law in question is within the clause of the constitution referred to, this objection must, nevertheless, be led. Aside | from the views expressed by the Court, in the cases above referred to, it seems tome that the Court would be bound to know judicially, whether a public act was passed constitutionally or not; and that the ques- tion should never be presented as # matter of factin issue upon the record. When the law-making power speaks authoritatively, Courts are bound, and ia\the- ory they are presumed to know it, to hear, and to un- derstand; however much it may task the limited: hu- man faculties of judges to discover what the law in fact is, and however much, in the imperfection of human reason, judges may differ in their understand- | ing and exposition of what the Legislature have done. | It may be further suggested, that if the act in ques tion be regarded as a private act, in any jnst sense, then section Ua Se chee croriace, thst ie x orn objection, by its ex it » pl ing, | ee Shall be sufficient to reter to, such ptatute by its | title and the day of its passage;” and this the plain- tiffs bave done in the present complaint. The fifth | ground of demurrer is, that it does not appear by the complaint that the plaintiffs are entitled to sue for the penalty. The general rule on this subject is, | that a penalty imposed for @ breach of the bylaw | of a Eorporution, in general terms, is under- | stood to be for the use of the Corporation; and if no mode of recovery is specified, it may be recovered in the name of the Corporation. (2 Kyd on corporations, 157; Bodwise vs, Fannell, 1 ils., 337; Angell and Ameson corporations, p. 306, and cases cited.) So that, irrespective of the ordi- nance set forth in this complaint, which requires all penalties in such cases to be sued rightly brought in the name of the plaint! sixth grounds ef’demurrer remain tp be considered They are, im substance, that it di not appear b; the compiaint that the by-law in question was in the manner required by acts of the Le authorising. its passage; or that it any binding force or effect. eration or binding lic history, and which is of univer- sal acceptation. By these means of interpretation I | A statute which declares that | which should merely charge the commis- | for in the name of the plaintiffs, the action is, upon fiat Tots it may be added, that the genera) power to pass by- laws And impose penalties, contained in the ancient | charter of the city, expressly authorises the Mayor, Aldermen and Commonality of the clty © Per ie o the same to their own use, by action A tebt or other awful method, &o. The ‘hited and the | value $60, five shares N. 1., and W. P. Railroad, $1 66 K has, or ever had, Its want of legal op- | A dividend of $2 25 Clee wie ged Cpoa two Council, duty held and convened,” &c., ke. This it with objections, it must be reconsidered and again | passed before it can take effect as a law. ‘The reasoning applicable to an act of the supreme law making power, nee for the public, does not apply to the acts of a municipal corporation in this res The courts cannot take jadicial notice of the acta of the latter. They are not presumed to know anything of the ordinance, or ot the manuer of its e, except what is laid before them. Everyt! ing, therefore, must be avowed in support of such a bye-law that is ne to enable the cot tesco that it ae pss Ses of law Mgnt city. ie powers of cor; are ed, and in this case the manner te nian, those powers are to be exercised is specifically pointed out. To sustain their acts, therefore, it must appear not ay, that the powers exereised were within their authority, but that they were exercised in the man- ner in which alone they are declared by the statute to have effect. It is true that the demurrer herein admits the by-law in question was made and assed at a meeting, &c., of the Common Counc! july convened; but it does not admit by any impli- cation that the by-law was duly made and | as to become a law of the corporation. passed by the Common Council, it was a condition | preceient to ita taking effect as a law, that it should mnted tothe Mayor for his approval. Pos- sibly the precedent to found in Coates ‘vs. the Mayor, &c., 7 Cowan, 558, may have guided the pleader in the present case, for I observe that the baled telgce in that (so far as relates to point under consideration) are in almost | tisdem verbis. But it should be noticed that at the time vl (4 eof eer ae. referred to in oon cace, the law ai Passage gave power “the Mayor, aldermen and oacewaite of in Common Council convened,” to make and the by-law, &c., and the declaration avowed that “ata meeting and assemblage of the said Common Council, duly held and convened,” the law was ; thus in terms averring “that it was passed in the manner authorized by the laws then in force. | Iam therefore clear in my opinion the com- | plaint should state all the facts which by law are Hecemery to make a valid by-law of the corporation, and thatin this respect the it complaint is | defective and does not show the existence of any law in the city of New York under which the defendants are liable to the penalt; sued for. How far it might have been suf. | cient on demurrer, had the plaintiff’ avowed the due enactment of the by-law in ral | terms and (if the want of specification of particulars was not urged on motion, under section 160) leave | the partici of the mode of its taking effect to de- nial or proof, it is unnecessary to say. But I am of opinion, that besides averring its passage by the lowever, | and adopted in order to their validity, that mode | thust be strictly pursued.” See also opinion of Court | in Coates v. the Mayor, &c., 7 Cow. 607-8. And that corporations must show their power to bring them- selves within it, and that nothing is to be intended in favor of their jurisdiction, &c. See Dunham v, Trustees of hester, 5 Cow. 465. The demurrer Must be sustained, with leave to the plaintiffs to | amend within twenty days, on payment of costs. AS FINANCIAL AND COMMERCIAL. MONEY MARKET. Sunvay, June 26—6 P. M. | The stock market bas been considerably agitated during | the past week. Prices throughout ruled lower than at | the close of the week previous, and the panic in Erie | bas by no means passed away. A fall of six per cont, in such an immense stock as that, may well create an ox: citement in the public mind. It will be some time be | fore its effect passes away. Erio Railroad stock is held im all parts of the world, and as the fact that the traffic of the first six months of 1853 has not earned a dividend, spreads, holders will send home orders to sell, and innu- merable lots of fifty and a hundred shares cach will be | pat on the market for sale. This will bring out am im- | mense quantity of stock from hands where it has for | years been quietly resting, and we shall findit ultimately | im the bands cf speculators, floating about Wall street. | | It is our impression that much lower prices will be | | reached. Nicaragua Transit improved a trifle at the firat | board yesterday; alse Parker Vein, Hudson River, Nor | wich, and Haslem. We have no faith®in any improve- | ment of consequence in the leading fancy stocks. They | may fluctuate during the remainder of the dull season | sufficient to give the bulls and bears s little excitement, | qnda little margin in their favor from time to time; bat | we do not look for much activity of = favorable charac- ter. A panic or two would throw a great deal of stock on | the market, and give commission brokers s harvest. | Somethigg cf this kind may occur to relieve the mono- tony of July in Wall street. Several large fancy stocks are sustained by such a alight tenure that they are in danger, any moment, of collapsing. ‘The movement in specie, last week, was limited. The only shipment made was by the Arctic, yesterday, for Liverpool. Surpoorrs o¥ SPecTH FROM THR Pont ov Naw Yor. Steamabip Arctic, Liverpool, bars . . $101,861 De. Do. ’ Awerican 95;820 00 o Do. ‘750 00 Total, June 18 to June 25, 138.231 00 Previously reported,.... « 7,918,606 15 Total for 1853.....ssesseesereeseee + +488,060,787 15 that the five per cent stock of the United States, issued ander the act of March 3, 1843, will be redeemed on pre- | sentation at the Treasury Department, on the Ist of July, after which date interest thereon will cease. The certificates may be transmitted: by mail, on receipt of which drafts will be remitted for the amount, payable by tant Treasurer an the holder of the stock may Counterfeits on the Bank of Savannah have appsared— one dollar bills changed to fives. The genuine fivos have at the loft hand a female figure, standing upon a poder- fal, and just under her fect 1s the word “‘five.”’ Over the head of the same figure is.a V. On the top of the bill, near the centre, are two female figures. One is sested upon a cotton bale, andthe other has just stooped and plucked « boll of cottom, which sho is holding up in hor hand. The one dollar bills have at the top large cut of fs steamship under way, wish sails all set, aad havea bust of s lady at the right hand, surmounted by a figare One. It is rumored that the next dividend upon the old. stock of the Harlem Railroad Company, payable on the drst of Augast next, will be increased to thres per cont kr the half ‘That is very encouraging, but stockholders are | not satisfied with mere rumors; they want the fact pub- Kiely pronounced by the direction, in answer to. their fre- quent and.urgent inquiries, This will settle the matter | at once. Booke.for subsoription to tbrea hundred thewvand dol- lars of the capital stock of the Second Avenue Railroad fipany will be opened on Monday, June 27, at the office of William aad John O’Brien, 33 Wall street, and at the offjoe of the company, corner of Bowery and Walker streot. ‘At’ a public sale of stoaks In Norwich, Conm., on June 20, tixty-ono shares Unces Woollea Company brofight 60 ‘eents—par value $25; ten shares Norwich HotelCompany, $16—par value $25; eleven shaxes Quimebaug Bank, $76 12%—par value $79; five shares Uneas Bank, $54 60—par |. | (one dollar and five cents)—par value 8100. ‘The earniggs of the Worcester and Nashas Railroad for | the eix months ending June Ist, wore $77 288 08, which in an ‘aoreace of $10,018 over the same months laut your, share has been deolsrod. made good to the the city | Horses. Baskets . manufai Hattern’ goods 21 Hemp... Hone: Speole and cash at The recetpts at tide water of the prinoipal ariioles af | ‘The aggregates of the fecelpts of thé above articles so or to prohibit them, and for requiring that | is not enough. The act requires that although | far, for the years 1863 and 1952, have beoa— no one shall keep such office without license, &¢-, | made and passed at a meeting, éc., of the Common ; Tine ee Corn. Barley, and to tas penalties not exceeding $250 for each | Council, something more must be done before it bus,” bush.” bush. bush * offence. 3. That by act of the Legislature, passed at | shall take effect. must be presented to the Mayor | 1883...... 696,295 1,074,085 461,404 148,403 the session held in 1830, it Was gonial See for his approval, and if he do not sign it but returns | 1362."..1.866,210 ‘980825 1,096, 71,126 Dec....169,015 Ino, $8,110 Deo 1,174,034 no. 17,217 The receipts of breadatuifs thus far this year have been considerably lesa tham up to the same time last season. Provisions are largely in excoas, and the arrivals of woo! have been nearly double those of last year. Books of subscription for the uniseued stock of the New Jersey Central Railroad Company, amounting to $960,000 will be opened at the Bank of America on Monday, the 27th of June. Ten per cent will be required to be paid om allotment of the stock, and the remainder in instalments of ten per cent every sixty days, om notice, as required. Interest at the rate of seven per cent will be allowed til; the instalments have all been called. If the dividends on the full stock are at s higher rate, the difference will be ip stockholders when their atock is filled up. This stock comprises all that the company are entitled to issue, and the money received is to be applied il to the construction of a second track, improvements at Elizabethport, and other preparations imperatively de- so | manded by the connection to be opened in another year. This mode of distribution has been adopted in proferense te a pro rata allotment, to enlarge the number of steck- holders, and facilitate the acquisition of stock by theese now desirous but unable to procure it, ‘The annexed statement exhibits the quantity aud valae of certain articles other than foreign dry goods, tm- ported into this port during the week ending and incled- ing Friday, Juno 24, 1853 (COMMERCE OF THR PoRT on Naw Yorx, Wascy Ieronrs. Animale— $881 330 FY & Ss B88enb8 Byes 22883 + 2 B SSelgsses mm = | Common Council, it is strictly necessary to aver 2 2'427 the approval by the Mayor, or if he have aot 4 3,708 approved, then the sul juent steps without | Do. Senegal. 1 10.080 | which it cannot take effect—its mere Pesaro by | Hyd. potash 3,136 8,658 the Common Council gives it no effect as a law. | Licorice pas' 1,642 The principles upon which these views depend | Medder. ahd | will be found considered, and to some extent stated, 64144 | in Rex v. Head, 4 Burr. 2521; Parry v. Berry, Com. 112,296 R. 269; Watson v. Clerke, Carth. 75; 2 Kyd on Cor- 22°533, orations, 167, and cases cited;Angell & Ames on 6,424 Sorp. 269, and cases there cited, and see algo p. 306- 16,088 | 10. The last named authors state—‘‘ If the charter 46148 | prescribe the mode in which bye-laws 1 be made nerd Do. manufac 16 3,290 8 “3; C Palace Ex- ' 2 567 _—hibition.... 160 58 006 y. 18 11.736 Otherimports 51 4,482 Total value of merchandise put om market ‘week ending June 24; 1868. $1.883,251 Do. di de. 2.128 To Total $4,012,015 The value imported last week was smaller than usual, while the value of foreign dry goods put upon the market, was unusually large. This raises the aggregate above the ordinary amount. The principle articles of import, named in the above list, imported during the week, was as follows:—coffee, $46,398; hemp, $66,614 ; brandy, $49,568; railroad iron, $157,137; hardware, $49,157; steel, $64,144; tin, 122,205 molasses, $46,144; sugar, 250,692, watches, $88,913; wing, $42,064; articles for Crystal Palace exhibition, $63,905, The seventeenth annual report of the directors of the Bonk of British North America, made on Tuesday, the 7th of June, instant, givos the annexed exhibit of the operations and position of the institution on that date :— Baxx oy Barman Norta Awsrica, June, 1853. Liabilities. Bills receivable, and other lisbilition. 2,330,003 In addition to which we have unoficially reported ff- | Bank premises.............seeeeres 49,000 2,610,422 dol by the Black Warr: leared Profit and Loss Account, December 31, 1852. hain Leptaee oad! eaten Y* | Balance of undivised net profit to Dec 31, 1851.. £76,222 pap dora! | Net proft for 1862, after deducting ourrent ‘The Secretary of the Treasury has given official notice charges, and providing for bad debts. Balance in hand. being comber 81, 1852, The directors accompany the annexed statement relative to the past and future operations of the bank. In reference to the expectation held out in their last report, your directors have :much pleasure in stating, that they have obtained & mapplemental royal charcer, which bes enabled the bank (0 take advantage of the pro- visions of the new banking law of Canada, as regards the ireue of small notes ; but this privilege has not in any respect contributed ta the profits of the year 1852, ae the requisite formalities . not be completed tall late in the autumn, and it was only in the present spring that the bank commonced to issue notes of a less donomina- tion then £1 «1 By the statement now submitred to the meeting. it wilh be seen that your directors, after paying the ixcreaseé Gividend of six per cent. out of the profits of the yer, have mace an addition of £9,476 188. 84. to the rest, which accordingly amoanted on the Sivt of Deeember Inst, after providing for thodividend pay- able in January, te £84,608 12s. 2d. The sccounte from the bravebes up to the 3(th April, show a satisfactory Tecult as compared with thosw for the eorreapondiug pe- riod of 1852, ond your directors have declared a divi: for the half yor, at the rete of six per cent. per apoum, on the capital, which will be payable on «heres tered at thin office on and after the Sth July. and on nbares regiatered in tha wolonies, on and afier the 26th July vext, CITY TRADE REPORT, Satuapay, June 26—6 P.M. BREADSTUTYS.~-.Flour Cisplayed 00 vew fosture of inter- est. The salon comprised 11 000 bbis.—sour. $4 0 84 1236 waperfine No.®, at $418% a $4 114; mixed to fancy Weat- orn, wt $4 ‘8 $4813; ordinary tochnioe State $4 6256 2. $4 87%. aod other grades at pr-portimate figures. ‘We hesra that 600 bUl+. superfine Canadian wero brought at $4 7%, There have been 2,400 bbls, Southern pur- obared, at previous quotations. Kye flour aod corn maak did pot vary much, Wheat was in good ope cations Include 22 500 bushels Wegtera white, at $1 28 8% 25; 2,700 Canadian do , In bond, at $1 21; aad a fow lots Wentora red, at $116. Toere wore 2 600 bushela ¢ taken, at 470. a 880. per bushel. Cate were um- tered. Corn was in better Pap oe and desrer The talon reached 41,000 bushels at 676. a 600 for damaged; 619. a 686. for mixed and white Southern; Ole s e fer fey Vrortarn sit Soe. Few and 660. 060, for yel- low Sout ir bua Frmgins 240 Liverpool, 26,000 busbole of wheat weee )

Other pages from this issue: