The New York Herald Newspaper, July 7, 1853, Page 8

bn ______________F*_______| SEW 1ORK COMMON COUNCIL. forriciaL) ath a Alderman Pick ‘By Alderman for s sewer im Forty-sisth vewee in mittee on Sewers. By Passpenr—Petition of Thomas Dalton for remis- sion of tax. To. mittee om Finance. By the same—Bill of the New York Freeman's Journal for the tt> Charter. To Committee om the ‘Petition of Trustees of if An- Tamission of ansconment. "He Committes on By the same—Petition of A. G. Schouman and others, for py naar East Seventeenth street, opposite No. 203. on Strocts. the same—Petition of Sarah Hicks to have sewer built im Goerck street. to connect with sewer in Stanton street. ‘To mittee on Sewers. men same—Petition of J. Beakley for correction of tax. By ie ‘the mittee on Finance. the same—Bills of the Christian Adeocate and Journal, the Times, Church Journat, New Yorker iandel's ‘and New York Express. for advertising amendment to Charter. To Committee on Finaoce. By Alderman Francis— Petition of Robert Dodge to be appolt ted Commissioner of Deeds. To Committee on Sal- an ices. By Alderman Harry—Bill of George H. Tehegn. M.D., eee at Fourth ward ststion house. To Committee on By Alderman Francis—Pe of Hiram Hunt to be ted Commissioner To Committee on Sal- ‘and Off cee. By Alderman Bann—Potition of William H. Riblet to appointed Commissioner of . To Committee on ani By Alderman Boyce—Petition of L. G. Evans to have 4 refunded paid in error. To Committees om Finance, By Alderman Axvorv—Petitien of John O'Reilly and others to bave water pipes laid in First avenue. To Com- 2 .—— = Petitie of i R. Se} to be ap- RESDENT— Petition of M. ne, pointed ‘of Deeds. To Committee 'on Salaries and Offices. ‘By alderman FRawcis—Petition of the doormen of the ™ patrol districts, for am increase of compensation. ‘To Committee on Salaries and Utiices. Buisixy-—-Remonstrange of John R. Hobby aad others, againat the removal of dirt from l1sth street, To jommittes on Roads. s yy Alderm: x—Potition of John N. Dodd and to have avenue A graded. To Committee on Roads. By the same—Petition of I. and I. 8. Smith, for payment ef bil for extra work on the new Arsenal, corner of White and Elm streets. ‘10 Committee on Fin: ‘By the Puesivent—Petition of Edward Green and others, to ize a new fire hydrant company. To Committee om By Alderman Twexp—Petition of Christopher F. Klenck, to be appointed Commissioner of Deeds. To Committee on fialaries and Uffices. INVITATIONS. i An invitation was received to attend the semi examination about to take place of tho students of tl Academy, on and from the 1ith inst. Accept Acts. ‘The following acts were received from the Deputy Socre tary ‘of Stave ae having passed the Legislature, viz:—To di vide the Nineteenth ward into two wards Togulat Tees of the assessors of the Street Department. Ur file and printed in the minutes. RESOLUTIONS. 4 By Alderman Corxxii—Kevolved, That the Commis- sioner of Repairs aud Supplies be, and he is hereby directed to advertise for proposals and to contract for the laying pavement in Broadway, be- ‘tween Franklin and Wite streets, the same to be a substi- tute for what is known and designated as the “ Perrine wement;”’ oid pavemont to be laid down to be similar to Boat "iaid’ in the Bowery, botwoon Bayard and Walker street, ‘By Aldermam Brist.ev- Resolved, That the President of Protom Aqueduct Board be, and he is hereby directed re ¢ contractor for building the sewer in 118th street. from Third a to Harlem river, to remove from said rth excavated from the trench for building said sewer. olved, That so much of the petitien of owners of pro- aeeory iikch etrect as relates to the grading of aid street Peireterred to the Commit Roads. Adopted. By Alderman Woov—Rerolved, That the Bible Society ave permiwion to lay « stone, in the usual way, across Fourth avenue, opposite t jety’s building, at their own expense; the work to be done under the direction of the Street Commissioner. Adopted. By Alderman Boyvcxu—Resolved, That the Committee on Wied Department report to this board. the propriety of pur- eee tr leasing the property No. 179 Chureh streets for the uss of Hore Company No.8 and for what sum itcan be wased oF leased.” Aaopted. a Teolved, That the crosswalk at the and Bayard streets be relaid and re- rs ‘& equare granite block paired, under the direction o1 the Commissioner of Repairs and Sa i . Adopted, na Seppe an Lakin Resolved, That the crosswalk at the alk be repaired treet; the same to be done mmissoner of Repairs and Adopted. y alderman HaLry—Resolved, That the rooms on the on, He southeast corner, ef the ark, be and the same are pairs ‘and Supplies be. aud is cirected to tit up the said rooms ia s suitabie manner for the purpose aforesaid. A dopted. By Alderman Stuxtevant— Resolved, That the sewer in Fuiton street, which now only reaches down to Greenwich , be extended to, and be connected with the sewer ‘whioh is bui.t across West street, and about seventy five or cacbendied feet up Fulton street. Referred to Committee on Sewers. By the samo—Resolved, That the sidewalk on the Broad- ‘way side of the Park be narrowed ht or ten feot, and that tho Street Commissioner be, and he" is hereby directed to this reeolution into immediate effect. Referred to order to afford some relief to Committes on Streets: the same—kesolved, the ovorburthened coniition of Brosdway, that Church street, from fulton to Canal, be repaired with the Russ and Reid pavement. or come otlir square block pavement, and ‘that the same be done at once. Referred to Committee on ts. By Alderman Moons—Resolved, That the salaries of the several officers and policemen attached to the police depart- ment be, and the same is bere y, fixed at the Sie amount per aunum, viz —For Captains of Police, $1,200; for Assistant Captains or Lieutenants, $1,000; for Policemen, $500. Referred to Committee on Salaries and Officer. By Alderman Stuntevanr—Whorens, in the opinion of $oe Common Council, the establshment Of railroads on the Yeongth’ ‘avenues of the city, ‘upon public necessity, Lee become s Sxed aud settled policy; and in order that the usefulness way be fully realized it is proper and necessary that they should have s well known and establis lower end of the city as practicable; je exercise of good judgment and sound po- streets in the lower part of the city, from river to Fiver, for the benctit of the mercantile community when- ever it cam be done without too great a sacrifice, therefore be it * Resolved, That Beekman street be extended through and across the Park, ina direct line to the head of Park place, ned and eatended ‘st Broadway, and that Park place be oj ‘through the college grounds to the head of Robinson stree at Co ¢, and that Kobinson street be widened to tno mame as Park place, from College = to the river; and also, that the lower end of the Park, which would be left by thus extencing Béskman street, ‘be prepared and Teaced to the various eity railroads, fora city railroad depot, ‘upon such torms and conditions as will be best for the inte Rastof the city. Retorred to Committee on Streats. ‘By Alderman Cov xxut.—Resolved, That the Commission- er of Repairs anc Supplies be and is hereby directed to ad wertise tor propysals, und to contract for th @ square granite tluck pavement in Broad Freuklis and ¢ me to be aying downof between what is known pave said vi hat in The Bowery, between Bayard and Walker streets. Adopted. RESIGNATIONS. Resicnation of Wm. D. Sealey, of the oMoe of Messonger te the Board of Aldermen. accepted. MEMOAGER FROM THE MAYOR. was received from the Mayor relative to se- tingea tuitable locality for the temporary deposit of the .. from the city. Whereupon Alderman Uaxiny pre- sented the following resolution, viz ‘Kevolved, That the Comptroil rected to purchase the lease of One north side of Forty fifth street, running from Firat avenue te the East river, aud between Forty-fifth and Forty sixth streets, at s price not to exceed $7.00), and that the same be eviguated as a depot for Wm. B. Reynolds, contractor for the removal of offsl, dead animals, and other nuisances from the city, conditioned that said loase be assigned to said Reynolds on the same terms xs those tioned by the present lessee, Which was adopted on a division, viz:— ‘Alsrmative—Alderman Moore, Haloy, Sturtevant, Usk- ley, Boyce, Barr, Tweed, Briley, Francis, Bard, Ward, b 1, Alyord—I4. ae Konig ‘Teeeived from the Mayor relative to assign- ing roome for the accommodation of jurors. To Committee pairs and Suppl On ePeannge vas reocived from the Mayor relative to the visit of the President of the United States vo the aity. Whereupon Alderman Brisley, presented the folowing pre- ble and resolution, vir Mp horens, it hae boca officially communicated to the Com- mon Counoil that bis £xcellency Franklin Pierce, President ofthe intention of visiting nd whereas, it is due public that’ suitable ym should, on all oe- easions and under mastances be extended to him, therefore be it Resolved, That if the Board of ants concur, a joint committee of five from each 6 appointed to make suitable arrangements for bis reception, and to extend to him the hospitalitiee of the city during his stay with us. Resolved, That the sum of $5,000 be, and the samo is hereby eppropriated to oarry into effect the above resolution. Walch was ado; division, viz — Afirmative—Aldermon Moore, Haley, Sturtevant, Oakley, Barr, Tweed, Brisley, Franeis, Bard, Denman, ‘Cornell, Alvord—12, ive—Alderman Boyoe—l. RK Bria Barr, Sturtevant and Alvord. tee. Aldermen Brisloy, Moore, ppoimted such commit Bubsequentiy said vote wi declared lost for want considered, and the resolu- jonstitutional vote. ecived from his Honor the Ovriox, July 6, 1863. ex eport and ordin te a i in bomen ee from Christopher y oxaminat of e papers sub- ited te mol find that most. of the petitioning for tenacts, da have authority from the i jority of persous who ree mi ‘the property on the {the peoposed sower remon. strate stropgly against i ing entirely unnecessary, and ‘putting thom toa useless expense. Under th 0 ma end in further view of the fact Bedford street does not or public Which was directed to be entered ab length minutes, and published in the public newspapers, COMMUNICATIONS From Croton Aqueduct Department—Relative to closing the distributing revervoir. ‘lo Committee on Croton Aqas t Depart t. “From Vomptrolicr—Relative to the establishment of bu- reau for een. Laid on the table, and directed wo be ‘From veme—With returns of Teceipte of the Sixth and Bighth aveous railroads for month of June, 1853. Entered on the minutes. F,om the Chief Engineer—Relative to ‘tused in the department. To Committce From Cow in for = Affirmative—Aldermen Moore, Haley, Sturtevant, Oskloy, Bayes, Darr, Twoed, Brisley, Francis, Pearsall, Bard, Ward, Denman, Cornell, Alvord—15. From ‘Croton ‘Aqueduct Departmens—With abstract of getimates received {cz the month of Jui From iinances fer toy seocmeors y on the ‘ire Department. appropriation of dopted on & fating, £c. of stroets, by appoint: the expense thereof, ‘hoped t., as Adopted on — cate Aigersign Neem Maley, Sertovanh, Onk- Jey, Bopes, Barr, Tweed Brilley, Froucls, Pearsall, Bard, ord, |, Cornell—14, Roport of Committes on Whareen, Pierrand Slipe—Bata a : tire foextonsion of bulkhead from troy to Hammona purest, e Haley, Stugtevams, Oakley, toe ves, £0.—In favor of graut- N; i, to George C. Byrae, irecte—Im fever of ting ‘window on the side at tane of Bagging sid ete— in favor of le th street. 100 feet feast of corner of Second avenue. Repent of Committee on Finance—In favor of reducing tax of Caroline Ingersoll for 1851, To Committeo Wharves, &c.—Upon claim for “the outer eud of pier No. 2) North Report of Committee on Sewers—In favor of building sewer in Rivington e:rect, from Sheriff to Clinton street. To Committee on Sewers. Report of Committee on Salaries and OMces—In favor of pisinc salary of lam plightera from $1 25 to $1 00 per day. To Committee on Salaries and Ufficos. Resolution—That ‘en lot on nerth side of Twonty ninth atroct, between Ninth and Tenth avenues, be filled immediately. To Committee on Public Heal Commissioner of ire and Sup- ir the pavement in University place, treet. Concurred in. menor of Committee on Assessments—in favor of paying $200,000 to Jol» Pettigrew, as amourt due on contract for Va regulating of Second avenue. Adopted on a division, vig — Affirmative—Aldermen Moore, Haley, Sturtevant, Oakley, Boyce, Barr, Tweed, b: y, Franc’ eareall, Bard, Ward, document 30, the in favor of ym Broad: Aldermen Fran: same being the repo widening Duane ti way to fu Committee om t, on the northerly sid dson street. ‘Carried. same, after consideration, was adopted on 8 division, firmative—Aldermen Moore, Haley, Sturtevant, Oakley, Boyee, Tweed, Brisley. Prancis, Pearsall, Bard, Ward, Den man, Cornell—13. Negative— Alderman Barr—l. REPORTS. Of Committee on Streets—in favor of changing the line of the widening of Whitehall street. Adopted on a division, “"Affirmative—Aldermen Moore, Sturtovant, Oakley, Boyce, ial ga Francis, Pearsall, Bard, Ward, 2man, Cornell—12 ‘Of Committee on Finance—In favor of Paying $100 to Jonge ‘Thomas, for injuries received while in the discharge of his duty as fireman. Adopted. OF Committee on Assessments—In favor of appropriati £48,022 7010), for lands purehased for sssosements. Ado 2 a division:— “Nafirmative—Aldermen Moore, Sturtevant, Oakley, Barr, Tweed, Brisley, francis, Pearsall, Bard, Ward, Denman, Cornell—2. Of Special Comutittse on Obsequies of t Hon. Daniel Webster, with the oration, funeral notice: Laid on the table, and 2.000 conten directed to be prit On motion, the Board then adjourned Friday, 8th inst., at five o'clock P. M. D.T VALENTINE, Clerk C. C. Present—Jovathan Trotter, 5 and Assisssnt Alderman Brown, Tait, t, O' Brien, Mabey, Breaden, Woodward, Ring, Wells, Hunt, Bouton, MeGown, Stewart, Wheelan, Barker, Rogers, Crawford and MeConkey. PETITIONS. By Assistant Alderman Woopwarpo—Of J. Johnson & Son, and others, to have piers Nos. 37 and extended to exterior line. 35, East river, To Committeo on Wharvos, 0. Iuanc Jollie, to have the ister, opposite his name, re ranted. ‘Alderman McGown—Of Josoph C. Pinck- t the contract to regulate Fifty second atreet be re-let. To Street Commissioner to report. By Assistant Alderman Crawrorp—Of Calvin Waloott, for and culvert, corner of Fiftoenth street and Third ‘To Committte om Sewers RESOLUTIONS. By Assictant Alderman 0’ Brixx—That the sewer now bo- ing built on the cust side of the Bowery, between Broome and Rivington ttreets, be extended northward to one hundred fest beyond Stanton street. To Committee on Sewers. By Assistant Alderman Crawroxp—That the vacent lots Nos. Gand & East Twenty fifth-etreet, between Fourth and Madison avenuos, and one in the rear thereof, be fenced. To Committee on Streets. By same—That the paving in Twenty Seoond street, be- tween Fifth and Sixth avenues, be repaired. Adopted. By Assistant Alderman Woonwano—Whereas, Franklin is expected to visit Pierce, President of the United States, the city of New York on the opening of the Crystal Palace; nd wheren: F the Common Couscil to make h office. , That $5,000 be, and the same is hereby appro- to Cefray the expenses incident to the reception of Pierce, ident of the United States, im this city ; and the Comptreller ia hereby directed to pay the same upon the requisition of the Commissioner of Repairs and Supplies. Adoptes by the followirg vote Afirmative—The President, Messrs. Brown, Tait, O’Brien, May Breaden, Woodward, Wells. Hunt, Bout Mo rt, Wheelan, Barker, Rogers, O'Keefe, and Negative—Assistant Aldermen Mabbatt, and Ri By Assistant Alderman Roogss.—That ‘the o way in Twenty-first street, from Sixth to Eighth avenue, be repaired. Adepted, PETITION. By Assistant Alderman Bovron —Of Denton Pearsall, and others, for change of route of Second avenue railroad, instead of running through Front street, from Roosevelt to Peek clip, to run throngh South street, from Roosevelt street to Peck slip. To Commttee on Streots, REPORTS Of Committee on Streets—In favor of flagging west side- walk of Mercer streets, from N to’the corner of #roome street; im favor of flagging side corner of Grand aud Mercer strects: in favor of enclosing the vacant lots corner of Fifteenth strect ane Irving piace, with a suitable fenc ‘All adopted, each by the following vote:— Affirmative -Tho President, Messrs. Brown, Tait, Mabbatt, O'Brien, May ee, Breaden, Woodward, Ring. Weils, Hunt, Routon, McGown, Stewart, Wheelan, Barker, Rogers, y nd McConkey—19. Of same, to concur to grant permission to the New York aud New England Telegraph Company, to ereot five or lees telegraphic poles in Wall street, between Broad and Water he atrect numbers in Green side of College place, between Murray a1 All adopted ‘Of Commitice on koads—In gulatigg and grading Ninetieth street, betwee Third and Fourth avenues; in favor of regulating, crading, erry nw and gutter in Forty-fifth etrect, from Fifth avenue to Broad walks from Sixth avenue to Brosdw: + and flagging side- , & space Tour feet wide; to coneur to have the actual opening of Sixty second street, between Filth and Eighth avenucs, take place forth- with. | All adopted, each by the following vote:— Afirmative—The President. Messrs. Brown, Tait Mabbatt, O'Brien, Maybee, Breaden, Woodward, Ring, Wells, tant, Bouton, McGown, | Stewaat, Wheelen, Barker, Rogers, fe, snd MoConkey—)9. Sixth Ayerue Railro at n me—In favor of permittin Company to pave Sixth avenue, between Forty-third Forty fourth streets, and set curb and gutter therein concur to permit James Walkicy to flag in front of his pre mises, in Forty-ninth street, letween Sixth and Seventh avenues. 1) adopted. same—To concur to pay contractor the amount due on his contract for regulating Forty-second street, between Seoond aud Third ayenues. Adopted by the following vote:— Affrmative—The President. Messrs. Brown, Tait, Mabbatt, O'Brien, Maybec, Breaden, Woodward, Ri Hunt, Bouton,’ McGown, Stewart, Wheelan, Rogers, O'Keefe, and McConkey: Of Committee on Finance: Barker, To concur to reduce personal it peraonal tax against Henry of A. Zimmerman for 1851-752: age ; against Benj. Albro for 1862; im favor of remitting tax of $1,000 against P. Coyle, for 1862; to release tax against John Foumer. to remit tax on the estate of Mr. Williams. All adopted, each by the following voto— ‘ Afbrmative—Tho President, Mcsers. Brown, Tait, Mabbat, O’Brien, Maybee, Breaden, Woodward, Ring, Wells Hunt, Bouton, McGown, Stewart, Wheelan, Barker, Rogers, O°’Keefe and MoConkey—19. Of Committee on Public Health—In favor of concurring with Board of Aldermen on communicstion of the City f spector, in relation to the contract for removing denc mals, directing Wm. EB. Reynolds to proceed with his cor tract, &e. Adopted by the following vote :-— Affrmative—Messrs Brown, Tait, Mabbatt, O’Brien, May- bee, Breader oodward, Ring, Wells, fHunt, Bouto: Stewart, Wh: er, Rogers ’ Keofe 16. and 0 eg resident, Astistant Aldermen Broaden, McGown, McConkey. . Of Committee on napee th chy of New per ye per 7 pasienger cars; for cars ruuning exclusively in the city, the rate of license to be $100 per year for each cer licensed, the car not to exceed W feet in length. The penalty for running without a license to be $50 for ensh day it shall be driven without such license, Adopted by the following vote:— Affirmative—Mesers. Brown, Tait, Mabbatt, ©'Brien, Maybce Broaden, Woodward, Rin; Haunt. Bouton, Stewart, Wheelan, Barker, Rogers, and 0’ Keefe—i6. Negative—Tho President, Merars. McGown and MeCon- Myr Beard then nijourned to Thursday afterneen, ob 6 o'clock. From the minutes. €. T, MoCLENACHAN, Clerk, An Appropriation to Entertain the President Refused by the Board. DEDATES IN THE BOARD OF ALDERMEN, [Our Special Report.] Alderman Tweed in the chair. A messege from his Honor the Mayor was read, inti mating that the President of the United States would visit this city in a few days, for the purpose of opening the World’s Fair, and recommended an appropriation be made to receive him in a proper manner. Alderman Bristey offered a resolution inviting the Pre- sident to partake of the hospitality of the city, and ap- propriating blank number of dollars to entertain him. Alderman Barr moved to Gill up the blank, and insert $5,000. Carried. Alderman Dew cert $3,000. Lost. i epg Bristry moved for the adoption of the reso- jution. Alderman Warp—The amended charter does not permit usto make ~~ appropriations, except those designated by that act. It also requires a two third vote of the whole board to Pass the revolution. rk then called the roll—t welve voted for the a Propriation, and three agsinst it, bemntge sia; Alderman Warp s it the vote was not a legal one, aa it required, by the amended charter, a two-third vote of the entire board to sppropriate money for any object. The Cuarnmay, in a loud voice, said that the resolution was carried, and he should decide it as no. ‘A Mrwnxn then called for a vote on the opinion of the Chair— wtether they would uphold him or not. The Cumrx then called the roll which resulted as fol- lows :—For sustaining the Chair, Aldermen Moore, Bris- ley and Cornell; against Aldermen Henley, Sturtevant, Oakley, Boyce, Barr, Francis, Pearsall, Berd, Ward, Den: man, and Alvord. The opinion cf the chair not being sustained, the reso- lution was lost. Aldermen Alvord, moved for a reconsideration of the resolution, but his motion was declared to be out of onder by the chair. The ifter the transaction of some other ualm- portant 8, adjourned until Friday evening next. Ini ° Colonel 7 Pi Hers den, of Souk Carslice, and family, are amnongnt the arrivals at the Metropetiteah Hotel, Nv moved to strike out $5,000, and in- Supreme Court—special Term. Before Hon. Judge Edmonds. THE RUGS PAVEMENT IN THE BOWERY—THE IN- JUNOTION DISSOLVED. We reported last week that Judge Edmonds had rendered a decision in the case of De Bawn and others against Russ & Reid, and we are now enabled to give the opinion of the learned Judge in extenso. It is @ very important document, and in those days of rampant injunctions upon every pro- ject and enterprise of our city, it will be read by lawyers and laymen with very great interest. OPINION OF JUDGE EDMONDS. In this case, these plaintiffs, as tax payers in the city ot New York, lor themselves and other tax payers, have filed a complaint, asking that the Com- mon Conncil of the city may be restrained from making a contract with the defendants, Russ & Reid, ior laying a portion of the streets with the Russ owen A prelimivary injunction is not asked for, but a permanent one, to restrain the de- fendants from acting under a resolution then pend- ing in the Common Council, aud not finally acted upon; and it is also prayed that such resolution, thus incomplete, may be adjudged by this Court to be coriupt, fraudulent, and void. The grounds on which this relief is sought are briefly these:— 1, That the’ taxes of the cit; ve, within the past few years, greatly inc! » by reason of the waste, negligence, and corruption of the Common Council. 2, That there were two applications before the Common Council, whereby the work proposed could have been done much cheaper, and they were in} roperly rejected. 2 That the resolution in question was sought to be passed by direct bribery, from Russ & Ried, to the majority of the Common Council. 4. That the price proposed to be paid to Russ & Reid, was excessive aud unreasonable, and was so made for the purpose of enabling them thus to bribe the Common Council. 5.* That the resolution is illegal, as it violates seve- ral provisions of the statute, namely, that it is not bused on statements previously made by the proper executive officer, that it usurps executive power, and that it takes the power from the officer to whom it properly belongs, and conters it on one to whose de- partment it does not belong. ¢. That the resolution was finally hurried through the Common Council, in order to evade a bill then pending in the Legislature, and subsequently passed into a law. Such is the case, as presented on the of the plaintiffs, on which, without hearing the defendants, they were restrained by a p! injunction. ‘The deieudants have, however, now been fore me, and I shall inquire, first, how the case stands under their explanations and answer ; and, second, how far it is competent, or proper for the Court to interfere in the case thus made out by the evidence on both ¢ides. As to the first allegation, that the taxes have greatly increased within a few years, by the waste, negligence, and corruption of the Com- mon Council, no answer is made. ‘The charge extends back a period of eight years, and none of the parties to this suit seem to feel themselves called upon to defend the former members of the Common Council from this sweeping charge. And, if that part of the complaint had not been stricken out, as irrelevant to the matter in hand, I should be obliged now, to hold those persons who are now in court, and cannot be heard on the charge, as confessedly guilty, of most foul corruption. It is painful enough for me to meet with charges of corruption so freely made against those who at prevent constitute our chief munici- pal authority. But it would be still more painful if I were compelled to regard the charge as distinctly made out against all who have adminis- tered our affairs for the last eight years. I am, however, saved that necessity, by the amend- ment that has been made, though I must not over- look the fact that the charge was inthe complaint, and could not then be erased when the application was originally made and ee fer the prelimi- nary injunction. As to second charge, that other pro , More advantageous to the city, were rejected, it is answered that Russ has a patent right, and, under the supreme law of the land, a monopoly for making that peculiar form of pavement, and that under those laws he has the same right that every other holder of a patent in the coun has, to demand compensstion for his invention. “As to the third charge, that this resolution was sought to be passed by direct bribery, while it is made only on “information and belief,’”” a mode of statement whicb, under the rules and practice of the courts, is never sufficient to sustain an injunction, it is met on the other macky the positive and unequivocal denial of Ross & Reed, and all the members of both Boards who voted for the measure. The shane therefore, is to be regarded, according to the well established practice of the Court, as overthrown, and not to be considered in determining the question before me. As to the fourth charge, that the price peapowed to be paid R. & R. is excessive and unreasonable, it is met by a statement by them, under oath, aad by re- ports of the committees of the Common Council, ‘ which may or may not be satisfactory to those who are clothed with the power of acting upon the subject. ‘The fifth charge has three propositions: First, thatthe resolution was not based on statements previously wade by the proper officer. The act to amend the Charter, ed in 1849, enacts (§7) that no money shall be wn from the City unless pre- viously appropriated; and all appropriations shall be based upon specific and detailed statements, in writing, of the several heads of departments, through the Comptroller. The resolution in question appro- priates $50,000, but does not appear ‘to be based on any statement as required by this statute. Whether this enactment is merely directory, as has been held, in respect to the provision of the charter of 1830, re- juiring the ayes and noes to be taken, or is so essen- tial as to render void any act disregarding it, isa question which is not necessary here to discuss. The second proposition is that the resolution usurps ex- ecutive power. The first section of the Act of 1849 vests the legislative power of the Corporation in the Common Council, and the ninth section vests the ex- ecutive power in the Mayor and heads of depart- ments, aud probibits the Common Council or any of its committees or members from performing any ex- ecutive business whatever, except such as may be specially imposed on them by the laws of the State. The statute is very indefinite as to’ what is ex- ecutive and what legislative power. One thing seems certain, that all appropriations of money is clearly legislative, while the “opening, regu- lating and paving streets,” and edt te 2 sup- plies for them, are executive. The legislative power is nowhere defined; but there are various pro- visions establishing executive departments, and de- fining their respective duties; whence it would seem that what is not thus defined as executive must con- tinne to be legislative—for the reason that when the act d,the Common Council was the general receptacle for municipal power, and the departments took only what was expressly given them. To that effect is section 21, which declares that the several executive faiths and the officers and clerks thereof, shall be subject to the legislative regulation and direction of the Common Council, so far as the sane thall not be inconsistent with that act. Thus it is manifest that the general regulation and direc- tion of the several executive departments is a part of the legislative power of the Common Council, wherever it is not expressly regulated by statute. Now, it is conceded in this case, that it is within the legislative province of the Common Council to direct the streets to be paved, as ee nacs in this resolution, but it is insisted the designation of the persons who are to do it, and the price at which it is to be done, are executive, and therefore belong to the head of the department, and not to the Common Council. In other words, that the Common Ceuncil might direct that the pavements should be laid, but that it was for the head of the department to determine who should do it, and on what terms, and that the only remaining power of the Common Council would be to appropri- ate the money which might be necessary to enable the head of the department to carry out an; contract which he mige make, the terms of suc! contract to be entirely and wag within his control. Such is the claim set up by the plaintiffs in this regard, and it may be a subject for fa- ture consideration whether it is well founded or not. The remaining branch of this eee name ly, that the resolution takes away the er of executing it from the Street Department, and confers it on the Department of Repairs and Supplies, seems to me to be well grounded. The lat- ter be an has under the statute cognizance only of repairs and supplies for public pavements, while it is the Street by eel alone has cogni- zance of ene The sixth charge, that the resolu- tion was hurried through, so as to forestall the act of 1853, is unnoticed by any of the parties. Thus, then, the case stands before me. It is conceded that the resolution was hurried through the Common Council 80 a8 to forestall the act of 1853. It is established that there were two propositions before the Common Council to do the work cheaper than was proposed by the resolution; that the Spree was not based on any previous statement from the proper de- partment, and thatthe whole work was placed under the charge of the wrong department. It is doubtful whether it proposes a usurpation of executive power, or provides for one unreasonable and ex- cessive compensation; and, it is denied and contro- verted that there was wis corruption or bribery in the case. And the remaining question is, whether under such circumstances it is competent or proper for this Court to interfere by ‘ion, either preli- minary or final. 1 approach this part of the subject with unfeigned diffi , because I am constrained to differ in opinion with several of my brethren on the bench, wl opinions I have ever regarded with respect, I very well thence apprehend that I may err. But I can traly say with one of the ancient see, 1 itisa consideration of ‘t comfort to me that if I do err, judgment is ES ocnolostve to the ly, but my mle ent be rectified, and so in; not ‘ad looked with alarm cial with the exec or legi the goverument; and whenever it for me, as it has to weigh a legislative enactment in the scales of a I have endeavored to de it with a cautious, ip, other has been not b; tbit- ing the act, putlby declaring it void, we Rint no rights could be acquired under it. that the Supreme C« of the United States nullified our insolvent and steamboat laws, the stop lawsof some of the Western States, and the anti-slavery laws of Pennsylvania. And thus in a recent case did our Court of Appeals 01 the act for the enlarge- ment of our cavals. This principle of our institu- tions we do not inherit from land. With the ‘reat mass of the common law which governs us, for there the Parliament was regarded as omnipo- tent, but it is in a great measure indigenous to our country, arising from the fact of our having written constitutions designating the powers and duties of the different departments of Soveroment. Tt was put forth in the Federalist, No. 78, and in less than five years after the adoption of the constitution, it was asserted by our courts. (Kent, Com. 450. 2 maintained sin Dallas, 410.) It has been ce by a long series of disclosures, and almost, if not uniformly, not by legislative action, but by declaring it void. Now, even if it were in the power of |the cot to re- strain legislative action, it would juire a clear, marked and unequivocal ease of le; tive usurpa- tion, and against which there was no other remedy that could induce me to depart from a practicewhich thus sprung up in the infancy of our comer and has been steadily adhered to by the sages of the law for more than sity ears. This is not such a case. It is conceded on al ds that a part, at least, of the obnoxious resolution isan unequivocal exercise of egislative power, and after it shall have passed, the emedy would be ample and complete in any of the heads of departments within whose Ler we it might ome, refusing to execute it as a void law, and thus the question be Properly brought before the proper tribunal for final adjudication. It will be observed that lam not discussing the question whether the act of the Common Council is right or not, but mere- y whetber, if it be wrong, it is proper for the courts 0 interfere by its bags epee and its extraordinary power of injunction. i accipetoem guts emper vivet am armis, And much do I prefer, so far as I may be allowed wy Gosia adhering to the practice wiich has obtained from the very foundation of our govern- ment, and from which I see no good reagon to depart. Still, Iam free to confess that, if this was the onl: consideration that pressed upon my mind, should hesitate about departing from the rulii of my brethren on a kindred subject, for I shoul be bound to suppose that such obvious con- siderations had not escaped the attention the; decerved at their hands. But there is a view whic! is controlling with me, and to which it is evident their attention bas not been called. I do not find, in any of the opinions to which 1 have been referred, any reference to the Revised Statutes, which I sup- pose disposes of the question before me. In this case the suit is brought by two of a great number of tax- payers, and if it can be sustained, then all the rest of the tax-payers of the city may also bring their suits, not only in regard to this particular matter, but in regard to any other within the scope of the legis- lative powers of the Corporation. Thus might arise an amount of litigation that would be overwhelming. It is true that such a consideration does not disprove the jurisdiction Cof the ourt, nor does such reasoning from extremes alwas lead to just conclusions; but it must not be overlooked, for it may be of importance to see where the principle under which we act will lead us. Far, however, as it may conduct us, it might be necessary to follow it if the Court should be satisfied that there was no other remedy against usurpation by corporations. Such, indeed, I see was the consideration pressed upon the Court in one of the cases, and the learned judges might well have been startled at the bold proposition that was put forth by one of the counsel, and which seemed to claim an entire immunity for municipal rations. ‘The mistake was in overlooking our statute on this subject. Several English cases were referred to on those arguments, as well as on that betore me, which grew out of the B: poration Reform bill, which passed in 1835. Though respectable for their source, they are of no binding force with us, because we have a statute of our own, pod in 1830, amply providing for such a case as tl It is that statute which has been overlooked in the consideration of the case, and it provides a complete and ample remedy. I referto Art. 2 of Title 4 of Chap. 8 of the Third Part of the Revised Statutes, (2 R. 8. 462,) entitled, “Of Proceedings against Corporations in Equity.’ It provides that on a bill being filed by the Attorney-General, the Court may restrain by in- nonce, any corporation from assuming or exercis- g any franchise, liberty or privilege, or transactin; any business not allowed by the charter of suc! corporation. It also provides that in-certain cases an injunction may also issue as well on the application ‘a creditor or a stockholder, as on that of the Attor- ney General. This statute grew out of a decision of Chancellor Kent, (Attorney-General vs. Utica In- surance Company, 2 J. C. R., 390), in which he held that the restraining a corporation by injunction from usurping a franchise, was without precedent, that the process of injunction was too peremptory and powerful in its effects to be used in such a case without the clearest sanction, and that he should better consult the stability and utility of the power of the Court by not stretching them be- yond the limits prescribed by the precedents, Such ‘was the state of the law when our Revised “Statutes were proposed, and they provided an adequate remedy, and regulated its exercise in the case of all rate usurpations, except only in cases of libraries, oh ta societies, and certain schools. Why should this statute be entirely disregarded and virtually be repealed, as it will be, if such proceed. ings as this sanctioned. If these plaintiffs, or any other tax payer, has cause of complaint, their remedy is very plain. Let them go to the Attorney General, the law officer of the State,and in the language of the statute, give him “satisfactory proof that the defendants complained of have usurped, exercised or claimed any franchise, priv- ilege, liberty, or corporate right not granted them,” and then it will at once be his duty to intervene, and by taking proper proceedings in behalf of the whole people save the infinite confusion and mis- chief that must spring up from tolerating a practice unprecedented in courts on this side the water; and which opens an endless flood of litigation to thousands npon thousands of cases. I repeat that if this proceeding can be sustained, it will be virtually repealing, and, at least, entirely dis- regardiug a very important statute, under which we have acted for near a quarter of a century,and which ‘was regarded at the time, and justly so, too, asa wise reform in the law touching corporations—a reform which the British legislature rwards followed, und which has been too salutary in its action with us to ke slighted or disregarded. For these two rea- sons, then, first, that the uniform practice of our courts, since the establishment of our institutions, bas been to reach void enactments by declaring them void after they are passed, and not by restraining them while in process of legislation; and second, be cause our Legislature has provided an ample remedy, which this procecding interferes with, I am of opin- ion that the injunction, in this case, was improper!; cranted, and must be dissolved. It will be o} red, Bowever, that in coming to this conclusion I confine myself te the consideration of the powers of this Court,‘and do not mean to touch the question whether the action of the Common Council is right or wrong. And in doing #0, I depart, in some measure from opinions expressed by some of my brethren, becanse the statuté 6% which I mainly base my decision, has not been, in this connection, presented to their con- sidecation, and can, in this manner, be most properly, ond without injury, laid before them, on appeal from my decision. Theatrical and Musical, Powsry TaraTre.—The entertainments announced for this evening b; nager Steves are such as cannot fail to Craw a large assemblage. The first picce is the nauti- cal drama entitled the “The Lost Shep,” which will be succeeded by the musieal drama of the “ Wandering Bo; and the amusements will terminate with the some- dietta, called “No” Mr. Kddy, Mrs. Parker, Miss Deain, ond other favorites are to appear. Broanway THRaTRE.— Mr. and Mrs. Williams, who are playing to fine houses every night, and are received with the greatest enthusinem, are announced to appear to- wight in three very attractive pieces, namely, ‘Shandy McGuire,’ ‘In and out of Pace,” and “irish Assu- rence,’ Mr. Williams ie becomiag more popular every day, and seems to work hard in his professional career, in order to please hia numerous patrons, and Mrs. Wli- Hams stands without a rivalin ber representations of Yankee character, They are both very industrious, and are reaping the benefits of their dramatic labors. Nationat Trrater —This establishment continues to be largely patronised, which ix owing to the great industry of Manager Purdy, who is always on the alert to produce every novelty. nounces for this evening, the excel- kent drama called the ‘Rag Pickers of Paris,” with Mr. J. R, Scott, ax Father Jean and Mrs. Nichols as Marie. The next piece is called ** A 4.8,” and the amusements will terminate with the “Phantom Breakfast:’’ Americas Mvsrum.—The dramatic performances an- nounced for this afterncon and evening consist of “ His Last Léa, the “ Irish Tutor,’’ and the atiful comer, celled ‘* Sweethearts and Wives.” The bearded woman is still being exhibited, ani is drawing well, ss also the fa- mous Happy Family. Francomt’s Hirropromk —The excitement to witness the performances at ae cotabliahasent Soatinnaes almont as t an ever. @ programme for eyening com- frites many new and attractive features. Morgane ee ° ornns phy 9 delineat and burlesque ‘Zoe an. nounee a rich bill of amusement for evening. Woop's Minsrrmis continue to attract highly respecta- ble audiences, and their Pepe? give great satia- faction, The programme for this eventay ia excellent, af f Rogsep.—A man named John Sartia, Brunswick, N. J., was robbed last night, on street, of a wallet contsining $15 in bank bills, The thieves made a successful escape, though pursued by Domestic Miscellany. Two Irishmen, named Michael and Daniel » got into s fight at We ford, Conn, on the 2d instant, during which Michsel stabbed his antagonist with a bay- onet, which caused his death. Michael was committed to anawer the charge of murder. ‘The wool elip ef Maine will be less this year than for- merly, on account of the short crop of hay and the great demand for mutton, MARITINE INTELLIGENCE, ALMANAC VOR NEW YORK—THIS DAY. Pest of New York, July 6, 1653, LEARED, cl 5 Ships—Western Empire, Watts, Liverpool, Nesmith & | Sous; New England, Urr, Quebec, Nesmith & Sons, Sul- tava, Barrett, Antwerp, Schmidt & Balchen; Sea Hanger ‘new), Lothrop, Australia, R W Cameron,’ South Caro a, Stewart, leans i D Hurlbut & Co: Elizabeth Hamilton, Jones, Wa! . N3, AG Benson; Marshield, Torrey, Bie, J © Baker & Co; Patriot (Brom), Cassona, Bahimoze, Wm Heyer; Onward, Cotting, New London, Wellington & abbott. Barks—Nacooches, Thorp, Neuvitas, Simpson, Mayhew & Co; Lucinda Sears, Sears, Marseilles, J BSardy; Anna (Brem), Evers, Bremen, Hennings, Muller & Gosling; Mary Antomerto (Ham), Hickmers, Valparaiso, Funch & 8. Buige—Montilla, Jordan, Darien, H D Brookman & Co; Bellona, Voers, Havana, Funch & Meincke. Schre—W H Smith, Wyatt, Wilmington, Dolloer & Pot- ter, Harvest, Prosbury,, Taunton, imasier; Capo Cod, Kelley, Boston, master; Killen Rodman, Usg: ow Bed- ford, taster; D W Bagley, Brown, Plymouth, master; Surah Elzabeth, Smith. New Haven. master; Reindeer, Cathcart, Jacksonville, Slaght & Edwards; British Queen (Br), Jobn:on, Eleuthera, Eness & Hutchings; Arctic Br), Saunders, Aleuco, C Ackerly; Richard C-baen (Br), thishoim, Londonderry, JS Whitaey & Co, Isabella, Ar: becun, Boston, Dayton & Sprague; G C Ackerly, Baldwin, Key West, Foster & Nickerson; Village Belle, Wedmore, Eveuthers. R J & 8 Godwin. Sloop—Pointer, Fowler, Providence, master Steamere—Kennebec, Hand, Philadel p! O'Neil, Philadelphia, J'& N Briggs. Geared yesterday—Ship Commerce, | RP Buck & Co. pool, Ship Cliften, Ingersoll, Ne# Orleans, 18, to Stan- ton & Thowyson. July 2, off Charleston, wau in company with ship Ravenswood, from New Orleans for Havre. week: Sullivan, Mitchell, Charleston, 6 days, to Thomas ‘ard! Bark Annie Buckman (of Boston), Barber, Macoa, 114 ', Int 28 10, lon 66 18, spoke achr Villsge Belle, Pritchard, hence for Port au P: 2d inst, lat 84 16, lon 7052, spoke Lrig Oxford, Poland, of and from Portland for Matanzas. Bark Maziel, Colson, Mayaguez, PR, 10 days, to Peck & Churen. Bark White Cloud, Mitohell, Cacdenas, 8 days, to Nes- mith & gous, Bark Lucerne, Winn, Havana, June 26, to Pond & Gil- man. Bark Helen (of Boston), Smith, Galveston, 28 days, to Hussey & Murray. Brig Sarah Hlen, York, Sisal, June 15, to master. Brig Montgcmery (of Boothbay), Montgomery, Laguna, May Bi, to master. rig S W Cushing, Annis, Sagua la Grande, 10 days, to waster. . tobri industry (of Machias), Brown, Neuvitas, 11 days, master. Brig California (of Prospect), Hichborn, Cardenas June 20, to sede ll pect), Pf * Brig African, Keen, Cienfuegos, 16 days, to master. July Z, let 33 46 lon 76 07, spoke ‘bark Maine Law, Dem- ing, from ua for New York; 5th, off Egg Harbor, saw r E J Talbot, from do for do. Brig Linden, Rowe, New Orleans. 17 days, to Sturges, Cleasman & Co. June 30, lat 28 23, lon 78 06, spoke bark Empress (of Bristol, RI), from Matanzes for Greenock; July 1, lat 30 52, lon 76 $0, pasred the topmast and top: sail pad of a large ship: sppeared to have been painted oni had been in the water some time, and was much Brig Rollerscn (of Boston), Crowell, Apalachicola, 19 éays, to Gorham, Barsott & Co. x President (of Westerly, RI), Saunders, Brazes mire Careline eka Sow t), allen, Porte r Care! lew! 1 Allen, 1 OR a GRE teu onety nt chr ittemore, 8, to Howland & Asyinwall. werd Wing of the Wiad, Pearsall, Matanzas, 10 days, to cham & Stow. ‘Schr Water Witch (Br). Hutchings, Bermuda, 5 days, to Middleton & Co. July 8, lat 86 45, lox 69, spoke ship Moses Taylor (of Robbinston), from New Orleans for Liverpool. 24 days out. Schr Saius 22: Hutchinson, Charlottetown, PEI, 15 days, to R P Buck & Co. Brig Neal Dow (Br), Thomas, Horton, NS, 14 days, to order, for Newark, BJ. Sebr Jobn C Wade (Br), Clark, St Andrew, NB, 9 days, to Jed Frye. Schr Globe, Cemeron, Washington, NO, 6 day. Schr Washington, Perew, Wartungton, NC, 4 days. Sobr Frances, Beaufort, Newbern, NC, 4 ds Sebr J B Bleecker, Simons, Washington 6 Schr Margaret. Woglam, Petersburg, 4 days. Scbr Howard, Howard, Nocfolu 3 days. 8. Sebr John 8 Wepples, Furman, Indian River, 2 days. Sebr & Adeline, Turner, Berlin, Md, 2 days. Sebr , Lawrence, Harwich, 3 days. Sehr farwich, 3 days ‘ankee. Kelly, Sehr Red Rover, Robinon, Stratford Ct, 1day. Sehr Highlander, Nickereon, Albany, for Boston. Sloop Sterling, Paulding, Bridgeport, for Albany. Steamer Kenzebee, Clark, Philadelphia. Ships Contest (oli oT Sa Ships Contest (clipper), San Francisco; Saratoga, Live: por; Wisconsin, fau Francisco; St Louis, New Orlen: axd others. Wind at suprise, NNW; sunset, W. (By Sanpy Hook Provrinc Teveorara.} Tae HicHLaNns, July 6—Sandown. The outward bound vessels have ail gone to sea. One brig, and a square rigged vessel in the offing. Wind light from the South. Woether clear. Memoranda, ‘The brig Zeno, at this port, built in Gardiner. Me, 222 tons, 53¢ yeara old, bas been sold for about $7,000. Telegraphic Marine Report. ox, July 6, Avrived—Ship Holyoke, Liverpool; bark Sarali B Hisle, Cardenas; Dutch galliot Hope & Vawatching, Rotterdam; brigs Bengola, St Jogo; R W Parker, NYork; schrs W Phillips, Philadelphia; Alpine, NYork. Alo srrivec—Henry § Dares Eleuthera, June 27, Left schr Mariotta, Smith, for NYork, 3 days.” ‘Tho sch? Nelson Wilde hed been achore at New Harbor Island, but got off and would prcceed to Nassau. 4 Herald Marine Correspondence. eeees pation uly 6—4 PM, Arrived—N Holmes, Godfrey, Providence; Columbia, Nicholeon, Pawtucket; Shenandoah, soll, Norwich; 1.6 Tallswan, Young, Haddam. Ct; Meridian, Wood, Blus Hill, Ct; Virginia, Bennett, Full River; Aleyona, Whitaker, Norwich, Silvis E, Bourne, Sandwich; Larkin, Churbuck, Wa:ebam; s‘eamer Delaware, Clark, NYork. Clesred— Steamship State of Grorgia, Collins, Savannah; shige Philadelphia, Foulke, Liverpool; Elizabeth, Bliss, Miramichi; Oceana (Ner), Stephenson, St John, NB, bark Eagle, Reker, Bowton; brigs Mail, Borry, do; Florida, Hianestrup, Pért Spa (Trinidad); Wm Crawford, Perry, Wareham; Saml B, Talpy, Portamouth: achra Youise & Margaret, ‘Pugh, Barbadoes; Castilian, Morgan, Boston; Virginia, Bennett, and Aloyons, Whitaker, Fall River: Lazk'n, Churbuck, Wareham; Globe, Mathers. Boston; Sylvia F, Bourne, Nantucket; Adeline, Howes, Boston: Hoenn, Nye, New Bocford: £8 James, Wertoott, and W W Mercier, Hand, Boston; N Holmes, Godfrey, Fall River; Columbia,’ Nicholson, Now Haven; Cora, Bown, Cam: briégeport; Lowell, Diss, Boston: Shepandoah, Ingersoll, Providence; steamer Delawarc, Clark, NYork. Disasters. mr Gowran, partially destroyed at Charleston by fre, bas been pumped out, and the remaining cargo will be discharged, It is supposed her upper works may be ad yantegcously rebuilt, and she again be made ceaworthy. Bark Wm Scwrover, at Salem 3d from Rio Grande, was in contact Ist inst, 10 PM, off Cape Cod, with an outward bound berm brig, name unknown, and lost jibboom and starboard catheud; dumage to brig not ascertained, Br Bark Berxsumee, from Sandwich Islands for New Bedford, before reporied at Navigator Islands in distress, is now Faid to have put in en account of mutiny among the crew; that she would proceed to Sydney, NSW, and ebip her oil to the United States by another vossel. Buc Ancetive, of Boston, which capsized and sunk off Neversink, was a good vessel, valued at about $8 000. ‘There is ineurance in Boston on one haif; the other is not insured. Bre Bensawin, from Philadetpbia, with ool, which filled and sunk on the west side of the channel abreast of the Brandywine Bank, most probably the collier herm previously reported sunk below Fourteen Foot Bank. * Bric PexnaMaquon, of Boston, from Ne’ RI, for Rio Janeiro, was spoken 26th ult, Int 20 51, lon 57 36, with loss cf mainmast and foretopgallant mast; had s jury mast rigged; would put into St to ‘ Br Bare Mary Evtex, McDonald, bel to Vernon land, has been River, Prince Edward Is! ‘wrecked on Seal Islands, in the Bay of Fundy. She had on board a quantity of is and ‘and was from Boston, bound to is and Charlottetown. Crew saved. Ship Trecnountain, fremm Nosteaoe fer Liverpool, J 1M] oun’ ) Tom une 25, lat 24°20, lou 80 46, | bile, New 0: Hoary Newhall, from Salem (June 20) for Bam 6, lat 30N, Jon 27. ¢ Ports. Avx Carrs—In port June schrs Bloomer, Tucker, for Botton, 0 days Hen hashes: Sullivan, for do 10. Batpapors—Arr May 9 schr John RB Mather, Avery, Care Huavrnex—Ia port June 22, brig Winsor, Peroival, VAP® Ha‘ june fer Boston 10 days. ws i Canpmas—S1d June 20, brig Vermont, Degrett, Riek mone ; about 28th, barks Chilton, Peanell, NYork; Louise & Caroline, Raven, do. In port. barks Ortooa, Richards, for do 30 Gays; Vesta, Perey, and Northwood. Pinkham, 606; Nezexene, Pendleton, do 11; brigs Xenophon, Wording,» 4; Nithersy, Harriman, do next day, Geo Porter, for Philadelphia 4; Portland, Saifocd, de 8, (before xeported for NYork. At do 27th, brig Eliza Ann, Chase, ldg sugar for NYork, gets $6 per hd sugar and 2% per hhd tor molasses om ‘At do 26th, bark N G Hitebborn. M’Gilvery. for NYodk 5 days; brigs Edwin, Morton, ana W. F. Safford, Boynton, for do lag. port, abt June 20, barks Maudarin, Ca phell, for NYork 5 daya; M B Stetson, Hardiog. diag: ComvvxGos—In port June 26. bark M B Stetson, Har- ding. for Boston abt 20(h July; brig Sarah Williams, Govt, from do, ‘0 commence Idg 27th for do. Camaran (Cuba)—Sld June 15, bark John Henry, Me- es, London (not as before). Conacao—Sl4 June 6 Br schr Charips, Boston. Care Tows, CGH—In port May 16, ships Siam, rom Maulis for NYork, put in with loss of foremast, maipmast sprung; had got in a new foremast, aod would sail in about a week; Faneuil Hall, Bangs, for Calcutts 18 days; bark Tremont, Taylor, disg. to sail on her return sbtJone1 Arr 84, ship Sterling, Rowell, from Suaatra (and ald Sth for Gibraltar). ‘At St Simon’s Bay abt May 14 bark Phoenix, Wade, from. NYork Jan 80 for Austrelia, put in 34, both masts sprumg, aking bedi . and would probably be condemned. Ata tay 10th, Br brig Unity, Way, trom Boston (San 28), arr 4th. Baxpor Istanp—In port abt June, 22, sche H R Barnes, Avery, for NYork, Teer Y> ‘ork, unc, said fo be the only Am Havané—Sid June 26, bark Matan: Earopo; 281 ship Hydra, Lunt, Matanzas and Cowes. Cid 28th, bat Jobn Carver, Porter, New York; brig P Soule, Wilsom, New Orleans (to sail 20th.) In port 28th, among others, barks RM White. Le: 237 tons, for Cardenas to load for Liverpool, chartered £3 7s €4; Lyra, Bennis, for New York 30th, loads mus sugar at $6 per hhd, capacity 1,000 boxes; J A Hazard, Freeman, for do, same capacity, gets $534 per hhd sugar, and $134 per box; Faith, Jewett, for do, 1,250 boxes ca= pacty, gets $534 per hhd and $1 per box; Geo Henry, Pendleton, for do, takes 350 hhds sugar at $53, and boxes at 11 rials; Mazeppa, Fisher, for Philadelphia im- mediately; brige Mechanic, Wilson, for Boston imme- diately; gets 11 rials per box sugar, carries 1,000 boxes; General Franklin Pierce, Parrot, seeking freight for Me- s or Pensacola; sehr United States, Bach- , for Babia Honda to load Molasses for Portland at per hhd. No American vessel in port disengaged. Vertr—In port June 20, ship Sciota, Choate, Bos- lig at Trois Pistoles 28d for London, n port May 31 (back date), schr Granite State, for NYork, ldg; only Am vessel. : a (Canary is)—No Am veesel in port lay 28. Matan74s—In port about June 25, bark Hecla, Peter- son, wig cargo; brig Eagle, Evans, for New York 3 days. Mayacury—In yort June 26, bark Brothers, Keat, from NHaven, wtg cargo; brigs James W Elwell. Johnson, do, and would cay Oe leave in ballast for NYork; Antonio Vernent, for Philadelphia 3 days; Aurora, Gardner, frem Wilmington, just arr; Susan Boyce, for Baltimore same day; scbr M M Freeman, for NYork, wtg cargo. Porto CapEtlo—No Am vessels in ‘abt June 24. Port Praya (Cape Verds)—In June 4, barks Gipey, Lincoln (from Boston April 3), for Isle of Sal next day: Theoxens, Webster(hence April 10), for Australia next Ys Queszo—In port June 2, mle Towa, Reed WY: 5 Ponce—In port abt June 18, bark Plato, Cari fer St Domingo 4 days, and others. Rio Janzmo—Is port May 24, steamer Fanny, to be sold in three days; ships Gray Eagle, Daniels, from Philadelphia, deg: Clark, Bartlett, repg (another sccoust rays repaired, and to sail about 27th}; Tarleton, hence, deg; barks Catharine Augusta, Bailey, repg: Bal- more, Kaimey, for Baltimore, ready; Emily, for Philadelphia, wtg freight; Canton, Gibbs repg; Brunette, Preble, hence, dag; Chas S Alden, Wateom, fon i ir aioe fan fe Be jo; Jobn ', Kupper, 3 3 Wo. Price, Quig, for Philadelpeta 3 2or3 days, repg; Argyle, Norvell, for Hampton Roads, ldg; Metropolis, Gillespie, from Baltimoze, ss me ‘date is by the Thos Watsen, at Philadelphia; the Delawarian, at Baltimore, which left in company, gives the 2ist as thein day of sailing, which is probably corect Ricmsvcro—Arr June 26, bark Delphos, Williama, New e York. RioGraxpe—In port May 5, bark Wyman, Harring- ton, disg: brige Russell, Hughes, for Salem. 7 or 8 dages Ambassador (Br), Doane, discharged to load for NY oo een ae June 25, ship Sea Lark, Woodbary, ork. Sr Srsrugn—Arr June 28, ships Lochinvar, Lu‘kin, New York. Wixveor—Arr Juce 23, brig Esther Elizsbeth. Shaok- ford; NYork. sd 26th, brig Gladiator. Salter, NYork. Sacu4—In port abt Juxe 26, ship ‘Emblem, from Ha- yana,’’ (probably the Mde Embil, Percy, for London); bark Carlo Mauran, Tlinghast, f0r NYork 7 days; Maine Law, Deming, for do 2 (has been reported sld 234); Star, Pillsbury, from do; brigs Caroline, Bryant, do; John Bird, Bird. for do 7 or 8; Azores, Battie, do 4; Zenobia, Carlen, for Boston 6. Sr. Hxixxa—In port June 1, ship Ssvern, Gardaer, from Calou'ta Feb 20, of and for NYork next day; bark Mald of Orleans, Wallis, from Mauila Feb 28, for]Salem next day. if Home Ports.. BALTIMORE—Arr July 5, steamships, Palmetto, Jack- sop, Charleston; Totten, Kellogg, NYork; abip Post (Br), Haske, Bremon May 19; barks Delawarian, Woodbura, Rio de Jeneizo Mey 21; Beta (Brem), Gustavus, Bremen May 17; brigs Vincennes, Moore, Kastport: J K Nevins, Benton, Colais; Leni, Laman, Eastport; schrs Wm P Buck- ia Aun, Harding. Boston; J P pgor; Siam, Durham, Charleston; Al- Kinney, Barrington, NS; Ina, Lancy. Rast Sea Gull (new), Howland, Providence, Cid, ship , Chace, Shang hai; barks Union, Kendrick, Boston; Sparrow do;' echrs Grace Caroliae, Ke ‘Troy: Ann Elizabeth, NYork. BOSTON—Ari July’ 4, steamer City of New York, Ma- thews, Philadelphia: ship Katahdin, Bickford, (late Morse, deceased), NOrleaos: barks Edwin, Coriisa, Huss- go Meh 26; Glaxgow (Br), Hatfield, Gla: gow; Franklin, Cook, Trinidad 12th ult, Lowel, Loveland, Pensacola; F Slade, Beker, Baltimore; brigs Wm Moore, Eaton, Sagas Sth ult; Abigail & Maria, Spurling, Cardenas 18th ult; Melazzo, Nichols, Philadelphia; Tyrone, Strout, do; cchre Creole (Br), Hoyt, (late Starratt, deceased). Aux’ Cayes 13th ult; Kugenie, Lovell, Wilmington, NC; Brilliant, Drisko, and Geo J Jones, Look, Philadelphia; Eliza Law- ton, Kobbias; Mary & Emily, ‘Snow: Lancet, Chase, aad Cabot, Nickerson, NYork. Sid bark Zion, Reynolds, Bal- iter bib Gasks Syicngbok, Hard, Cape Town, OGHE, 3 rr 5th, barks Springbok, Hurd, Cape Town, ia 16, via §t’ Helena Juno 1; Avola, Kendrick, Charisstonr brigs Sylvinia, Berry, Lapzerotte, Canary I+lands, May 28, Lauritiia, Cook, Tape Haytien’ June 22; J Johnson. Havana 20th; Kdward, Dimmick, Cienf 13th; ecbrs Msrietta Burr, Nickerson, town, DC; Haxtah D, 'Nickerron, NYork, Signal for a ship with pried porte, a bark, and four bri; Cid bark Charles illiam, Howes, Sa ; schrs Jos Turner, Crowell, Norfolk; Philadelphia, Rogers, Albany. Sid bark Ida, brigs Angeolina, Caroline, 8 Merrill, Etowando, Pauline, Paccnocket.’ Barks Velocity, and Justice Story, and brig Fawn. sid 2d, BUCKSPORT—Arr June 2h, schrs Mary E Pearson, Wil- mington, NC; 27th, Honover, Philadelphia. BKaZ08 SANTIAGO—In port June 24, schrs Edward Barnard, and Ava, for NOcleans, ready, Ontsice the bar, bound in, achra Eliza S Leiper, from NOrleans, snd Jchn Albert, Whitney, henee. x BANGOR—Cls July 2, brig Mary Farrow, Limeburmer, ‘ork. CHARLESTON—Arr July 2, ships Columbia, Sturges, NYork; Amelia, McKenzie, do; 3d, Horatio, Hall, Bath, Ye. 24, ship Franchise, ‘Robinson, Liverpool; bark Saranac, Cole, NOrleans; brig Mosolle, Hancock, 'Balti- more; sehr D'Maloney, Whilden, Providence, RI. ‘Sid 23, ship Coroline, Spanpol, Decidida; 3d, brig B' Carrer; aleo brig R Patterson, Ccleord, and schr D Maloney, Whilden, of a Northern port. CALAIS— Art June 28, schr Tomah, Keen, Philadelphia. (Cid 24th, tchrs St Leon, Greenlaw, NYork; Edwin, Bar- ber, ——; 28th, bark Gambia, Rackleff, Africa: brig Chas ; ‘Sounders, Philadelphia: selire Sarah, ‘fal and. Hampton, Gilchrist, do; 30th, Hudson, Sawyer, or DIGHTON— Arr July 1, sehr C R Vickery, Philadelphia. FALL RIVER—Sid July 1; achrs Mary Elizabeth, and Gozelle, Philadelqhia, GALVESION—Arr June 22, ship Hampton, Young, Homburg. INDIANOLA~—SId prey to June 14, schr W M Baird, Crowell, Yucatan, to load for Boston. JACKSONVILLE—Arr June 27, schr Challenge, Smith, NYork. Cld 25th, brigs Zavalla, Friend, Brunswick, Me; Rebeeca and Frances, Bodish, Kennebunk; 28th, bark Hy Tee, Curtis, Navy Bay; brig Sarah Wooster, Woos- ter, NYork. KENNEBUNK—Arr ee eid Faw fee Mathews, Georgetown, 8C; 30th, brig Harriet, 3 tomac river. if sear outside, schr Chas ai, trom Georgreown, 8 LUBEC--Arr June 95, schr Melville. MeGregor, NYork. Sld 25th, sehr Columbia, Ram NYork, NEW ORLEANS—Art June 20, Br. sehr Clyde, Sweeter, Naseau, NP; schr Diamond, Mack, Pensacola. Cid steam- ship Yacht, Dusey, Brazos, Santi xt Bae Wade, msp, Smith, Eastport; J Jcheson, Smith ¢ebaran (Br) rt; Loudon: barks GoldAined, Ryder, N lantine, Glee gon, Marslllon; sebrs Burissa, Taylor, Mobile; Oregom, Trenis, 5 NEW BEDFORD—Are July 4, brig Billow, Lapham, 9 Marys, Ga; schrs Race, Rock, Philadelphia; T th, Albany; Cornelia, NYork: Sth, G C Gibbs, Philadelphia. Sid bth ache Sorah, NYork, NEWBURYPORT—Arr July 2, achr Golden West, Dix- on, Philadelphia. PHILADELPHIA~Acr July 5, ship Marathon, Vandyke, NOrleans; schrs Iowa, Wheelright, and Grecian, Fuller, Bangor; Lowell, Dias. Boston. Cid steamer Hand, XYork: brig TF Knox, Smith, Boston, PENSACOLA—Arr to June '28, bark Hanitten, Rio Grande May 5; Planet, Verde i soe tilabee Brite NYork WAI ani Orbit, Gudgrorta, NC, RO—Arr July 1, sohrs Pomaquod, Shower ,. — 7