The New York Herald Newspaper, September 9, 1853, Page 7

. ton the 16th of Jul yoy ‘a resolution ilvecting is warreot in favor of the rela- the defeodant refuses to do #0, that the contract was illegally perform contract, that r was inter- ented in ithe contract, and that the 2 claim hes never been sudited pursuant to the act of April 12, 1852, This cation is for @ mandamus to compel the de- Fotantio ‘Grew bis warrant for the amount cleimed to ‘due the relator, and the first avswer of the defendant aN aes sechamas & poh tbo remedy, but the relator must resort to his suit against the Corporation © on Sart, tohis action against the defendant for a of ‘That is the only question now before me, propriety cf the defendant's refusel re- sexved for consideration, if I abould be of ‘that a mandamus is the proper » The of money out of the Treasury of the tion requires ‘the act of four officers, name y. the Mayor, the Comptrol- Jer, the Clerk of the Common the Chamber- lain And the question js, whether, if aay one of our officers aball refuse to perform his duty and vender it impracticable for the Corperation to pay ite @editors, be ean be compelled to do so by the summary remedy of mandamu:? The principle contended for b: the dant, carried to its timate rerutta, would pe of these four officers in refaring ler judgment and execution sgainst whe and thus ompel a raie of ita the sheriff, Nay. it Con farther : any one of them, whether acting fr ow corrupt or honest motives, to repudiate all the debts of the Corporation. to utterly ruin its credit, aud actually stop the wheels of the municioal government. The ecptemplation of these conrequences makes tho ake a be serious one, I am mot now cousitering validity of the de exdant’s reacoas for n0¢ perform: fog hisduty. They are not now before mo, but for the of thir motion, Iam looking at the case ax one ‘where ary ove of there officers may arbitrarily aod of hia own will refuce to perform bis duty The rule govern- ing the remedy by mandamus is that itis never resort- ed to where the party has r specific, adequate and ap riate remedy. Inthis cave i: is euggested by the defendant that the relator has other rewedies agalast him, namely by indic«ment. by removsl from office, or by an action tor dnmager, Neither of there would bea cific or adequate remedy. The indictment or remoy othe defendant might gratify w spirit of revenge which da ever sikely 0 bea vabened by an exercise of arbitrary wer, but they would not give the relator his money. an accion agsinst the defendsnt wight award tho Felator damages, bu: that award might no: give him bis tor haa anozher remedy, however, which some force, and that is, by an accion ‘Sgainet the Corporation anda naly of their property on execution I uxderstond ove of the sounsel for the de- fendant to admit: n the srgumen: that, after such judg mr nt hed been obtained. the Comprroller would have ao Mgbt to refuse But stil! the yasstioa reoaurs, suppose he should then refare, oovid be ve oomp»lied by mandamus, Deeaure if he coula in ove case he could in the other [t fs upon general principles that this question is to be dec ced sad one must be careful to see where those Priverplee will carry us. Aad for the purposes of ia motion we must act overlook the considera‘ion that the Comptoiler mht, upon the peenioion wow urued be jastified in refusiag pay, even after final judgwevt against the Corporation N: it reewe to me that there ave two concluei arswers to the sugeesvion that the relator has his medy by sult aysiuet the Corporation. Ia the first plsse itis» municipal pudlic Corporation, and not merely a private men-yed one, Thus, while it would not be co Dt to irsce andamun to compel # caxhier of kc. or the treasurer of @ railroad compazy, to pay che debts of shetr corporation ackoowledged by the proper authority to de justiy due for tnere i; woud oe mere Watter of private contract between legal persoas, which ould be en‘orced by action; it might be competent where the matrer involved public con-iderstions, as ta this ease the public health, ard where the whole power exer. @ised by the Ocrporation related to che pudlic welfare The distinction between & Corporation where ite pewers are gianted and exercived for the good of the tors alone, and one where they aim slone at the pu welfare. wut bet be overlooked = Becsuse, under @or institutions, 2 great deal of the sovereiga power of ‘the pecple. to be exercised ovly for the public welfare ix ‘yeoted in bedies andordinste to the suvreme Ley: 4 such as Boards of Supervirora, Trustees of Mtr ee mon Councils of citiss, Trustees @f School Districts, &3., 0. And when thus granted and exerci-ed, it must be regarded in a court of justice in toe same light as if Jeomaimng in snc exercised by the supreme Legislature. To carry out the parailel, suppose the State Legiala- tore bad paced a law cirectirg this contract vo be mads, and ¢irec ing the Comptroliee of the Staie to psy the eontractor for aa it, Io snch a case thi onld de no ¢ondt the isodamus would be the proper Femedy to oumpel tha’, officer to perform bisduty. And ‘what difference does i make toat this power, ina.ead of be- ing eaercired by the ruprowe Legiolature, ia granted to and exer aired by es udorainate legislative body? Tis still @ part of the rupreise power of the State. exercised for the pudite weifsre alupe, ad oy a body duly antho ized to Wherever s power ie a part of the sovereiga State, exarcined for the public wel'srs alone: it must be subject to the rame ruses. whetner exernised the ruprems or eubordivate legislative body Now, power exercised in making tue coutractin this care wae tolely for the potiic good it was toremove ouiseacos which migbt :¢riourly have allested the health of balfa millon «t peopls, and we cau vastly sppreciste ita impor tance to the public by imagining wast would have beva the oonseq ornoe during tus lasctwo mootha, if tae celacur had, whep the defendant refured te pay him, absndoned ‘We pe fermsrce ef his con's Ic way, perhaps, be Wery forturete that tho-w qaeuces were averted. All these o-rsiderations yc how soat the power ta- yelved in this contrac! is 2 voblic one, exercised only for the geners! welfare ard not « private one for the Denefit of the coroore'crs alone; and is, therefore, eroed by the same rules *hicn ayply tothe po ver when exerouved by the sapreme legwlative anthority; Biot it is w power having» view only tee pudlic health, and that the Comptroller, Mayor. Clerk aud Cham>erlsin, tn Gischarging their dutie, uuiter it, ara public efilosr barged witb an odliga.ion to the whole peovle, waich @an be evforced summariy for the general welfuce, But ibere is pvtil snotber cunrideration, aud that is, that Corporations and mirirterial oflisss sc exceptions to the venerel rule that & tmaodsmus wll not go where there iv suother remedy. Ia the case of the people va. Breele, 2 Barb 418. [had ovcsrivu to sey that it ie wall settled that ay to corporations xd aaivteterial offivers, the exisrarce of snother and a» adequate remedy ta no odjeciicn to awarding & mendemus { Dad oo occasion | then to :sy whet [now do, to quaily tha: remack by | Babiig it applicable ovly to o ‘ations clothed with some of the supreme lrgisist’ power to,be exercked for the public weal with thet qust deation I see Bo reson to charge my views. mone of the o cited—ihe People yx New York, 19 Wead , 393 Judge. 1 “rlivering ‘he opiniva ef the Court, says: “Nor, Goes tbe fact that the party ia able to indictmeat @ legal right exirta, the par Spd when all ocbers ial. Tn that cure. the apu! jou was for @ mandamus to oe pel the Corporation to execute a iaane, The writ waa | said to be the proper remaeoy, bus it wer devied on the merits. In the other cae, I bere c: ed MeJullogh va, Brocklyn, 23 Wend 401. Bronson, Judge, aid that «nero bad been awarded ® property Owner for opening & Would not iis, ‘bat mwaotsmus would be te romedy Al hough ss a geceral rale, I not le whers the party has ago her rewedy, 11 ts not antver-ally true fa relation to corpora- tone Or ministerial offioers’” {a the care of People va. Supecviserr of Columbia, 10 Wend, 465 L objected at the « thar the wandamos was sot the proper remedy. where ihe State sought to recover from the county the Smount of» loan effice wortguge, but the court ovarculed may Shjectioa, and among otber things, held that tae re- mmedy Dy ection for damages agaist the Supervitors who Bight rejoice to pay was no remedy and Lo ubjection to the write issuing. Io Hull va, Savervisors of Oneida, 19 J. R200, the Supreme Court hed thst the suvertatending Couirol over in'erior courte, magistrates corp rations, Ko, by mardawus is 12 subvidium justicia, ant tae court “will render it. as far ax 1: eam, the auppletory Deans of eubstar tial justice in every eave where there iy fo other cpeoitic legal remmery furs legel right. Aud they add © if the eubo dinate public «gents refass to ect fm Gases where the idw enjoins upon them to do the act Tequired, it 16 our effice to enforce obsdienes to the law by MaLdewus, in care where no ctber legal remedy exists”? Now, open there principles, it reems to me that the mardarus ta the proper remedy against the defeadaot, To him if he has weil gcounded odjeetions to performing Tis duty, it can he of but tue comsequence in wast. form the remedy comes, but to the pubis it in of grew: im Pittance that the arbitrary «ill of one person shal, not allowed to arre:i ‘ho ¢perstions of government, or ia- ferrup: nets seriously conducive to toe public health, The pover being « general one, and to be exercised for the ermmo: po'eot for this eourt, may, its «1 what by a remedy toat was june fleld remarked. to prevent disorder i dw ect of police, and which -asioos where the law bag ty, wod where in jastice ai © ooght to be one. 3 Burr. 126 tue relator is to have the ware wutitled toa legal rewady, this ciny 96 iavoked.”? aod puniebeent f do the act | to compel a formar eh this weit | fs sovpbt, conaituta any Objection to “the grant: ig of the writ, The principle that whenever | | tablished vo epecit Kood povernment t To thin cae the rant on the ‘ain ineved and sigued by the Lomptrelivr n9 speefic remedy for this, bat vi be compelled. Thera seems to be hn the defendans, the ration consistiry ¢ Bao exerted ali z the relator but with authority of ths Qor- sul Coramon Vouncil, snd the que-tion now in, whother its m! ‘ can be compalied to par- | form his part. If “auot there must be @ failure of Jaation tn pe ote power for the page wolfar no ‘ ~ ist he eae oe tis | compelled, and I accordingly overr: s objection, Kersham ve. Anderson ~ De Radford vs. Vought. granted Conte of opposing t Rog ny MeCail ve, Wheeler anit others -—Ivjurction refused, a | prior nit betseen the same parties having terminated ia favor of defendants | Le Fuy vs, Le Foy ~Thare ant being sufficient evidence that the party sgainst whom the gail: was proved wan the defendant in this suit, divorce refused. Ward and ojers 18. Begg. The aitachment being tahow out before the debt became dus, motion to wet it Anite granted wih o: | Jorton and wife vs. Bania and othert.—Decvee of sala | Onf distribution of referee award Suen complaint Bloomer vs Onderdonk.—Urter to show cauas for in Jonotien granted In the matter of Cwnelia Hart f | lished the usval Manuel of the Bo answered leave ob- stricken eut, aside an exe. & refererce § 3 Batis Monica de ‘Tigles —Where » suit is brought in our ‘the State, it is security for Jessee cove perme gerne ror Ths of ‘code, for the fs souit in their names, without joining the part, bay a beneficial interest. Demurrer overruled. if 3 Sree Renae Pen Bruen —Demurrer over- In the Matter of Francis = Poti grented. Bower ne Socey the faat tet the’ plalatll wasn ar rest on a bastardy warrant, and, to relieve himself, mar. ried the mother, is no ground for dissolving the marriage. Divoree refused. tee trirmepad Teaae OC. Eien —eyert confirmed, anda petition fora grant Hull vs, ‘Smith. Movoto amend answer granted, against to the General Term, and to ited with the clerk of the court » The General Term 2 the ceporit made op appealing from that juigment. end to resort to such deperic, if the Court of Appeals affirms the judgment of ‘the General Term. denied Henry Morris v. Archibald Thompson —The plaintiff ob- tsined judgment for want of an anawer, the defendant Lot sppearing. The defendent on motion, offtained an order, that on paying $10 costs of the pon trie “the costs subsequent to the filing of the complaint,” he might put inanswer The olerk on adjusting costa, al- losed for “costs subsequent to notice of trial and before trial.” $7; * tris] fee,” $15. The defendant appeals from the decision of the clerk The Court beid, that theitems improperly alloned Ou s jaagment for want of aa , where there is no appearance by the defendant. the costs to the plaintiff, exclusive of efiieers’ fees an} disburnements, cannot exceed $7, it is necessary to arply tothe sourt for judgment, nor io that owe Ae wed, No trial fee can be unless @ trial is had, re can beso trial, within the meaning of the eode, ‘unless istues of fact or law exist to be tri: There is no nveh thing as noticing # osuse for trial. until the de- ferdant bas appeared and auswered cr demurred. The defendant, om psying $16 in five days, may serve an an- Bwer to the complaint. George Van Dusen vs Hezekiah L Thistle, and Mary H his Wife —Motion for an sttachment for en alleged violation of the injunction denied Whate' rights the plaintiff may have, growirg out of the defendant’s recetversni must be en‘orced on calling the reovivers to an accounl The defendants did not dispo-e of any part of the proper- ty in question wih the prubibited period, contrary to the terme of the injane ion Westervelt & Bogart vs. Talman —A per centege of ten Per cept on the amount recovered allowed Newell Sturtevant and Others vs TT. Stokes Dickersom.— Motion to strike out parts of answer gran‘ed. with liberty to defendant to answer in ten daya by making it more de- finite acd certain. Joseph alden ve. Solomon Jacobs and Morris Woolf.— Jacobe sued Alden in the Supreme Court, and Woolf signed an undertaking with Jacobs for the coste of that action. The eomplatot in thet sction was dismissed, and a judgment entered in favor of Alden fo costs This suit is on that undertaking to reoover such cos:s. Jacoos Spplied to the Supreme Court to vacate the oder dis- misting bis complaint The motion was denied; from the last order he appesled to the general term of that court. whieh sppeal is still perding. He now moves tha. proces dingr be stayed in ths sction until the deci- sion of tbat appeal Court hed, that the appeal from the order does not stay on the judg- ment The papers on which the Supreme Court refured to vacate «he order Cismissiog the complaint, rot being before this court, it has no means of knowing that there are any plausible grounds for appeahog, and must sume the order apsealed from to have been rightfully made. The motion is denied without prejudics to tue right to renew it. on showing that the Supreme Court ba» steysd proceedings on the judgment, pending the a> peal in that court. Board of Edueation: Serr. 7.—Erastus, Benedict, President. The mingtes of the last meeting were read and ap- proved. ComMUsICATIONS, From School Officers of the Cwoifth ward=Asking ap- Ferrets to rebniid Ward School No. 29, Referred to }@ Committee on Plans. From Dr. Grimsbaa—Relative to “Grimshaw’s Pictorial United States.” Referred to Committee on Sshcol Kooks. From Milton caver th4 3 the attention of the Bosrd to bia planetarium in the Cryetal Palace. Referred to Committee on Free Academy, From the City Supsriavndeot Relative to making ar- yarpgements forthe children of th oole to visit the Crystal Palace. Referred to a select committee, APPROPRIATIONS, Mr. C H Smith ‘rom the Finance Committee, pre- sented resolutions appropriaticg $81.461 66 ‘or annual apportionment to the ward schools $3,251 64 for anaual spportionment toc rporate rchoola. and $3,000 for inci- dental expenses of toe Board Adopted. For support and repairs of Free Academy, $8,197 87, Adopted. REPORTS Of the Finance Committee-Contatulog an estimate o the amount required for payment oa the Ist Os;ober. opted. Of the Auditing Committee—Wit2 bills for sundry ex- mses of the Board. Adop'ed. Of Committee on Aliorations on Trustees’ Hall—With plans, which were referred to the Committee on Nermai School, for their spproval, Of Executive Coummittes on Free Acedemy—Relative to exer be i of Commencement, Ordered on file, and to be print Of Ccmmitiee or Supoties—Recommending the esta- Diishment of a depository Ordered that said report be laid on the table and printed Resolved, That the rchoo! officers of the Fifteenth ay | be authorized to reeat the female dopartment of Wa: schoo! No 20. in the Fifteenth ward, at an expense not exceeding the noexpended bslaccs of the appropriation pe as recenily wade for repairs of said schoolaouse, npte Resoived, That ward schoo! No. 20. in the Fifteenth werd, be rurpended until the reoaire of the buildin, row in progress be completed, ana that the alaries of the teachers con\iaue in the meantime not longer thaa the Ist October vext. Adopted : Reselved, That ward School No, 5, Eleventh ward, be svepenced till the repairs of the building now ia - gress be comple’ed, and that the saleriesof the teshare continue in the meantime not longer than the lat of October neat. Adopted A rerolution, iecroaring the salattes of the in the evening echools $20, acd the aselstamts im propor tien. was offered and a4 pted. ‘That ward school No, 26, Biehteanth ward, bo suspend- €¢ til the repsirs of the bu in progress be sompieue, and that the sala’ i the teachers continue principale in the time got longer thaw the 12th instant, | Adopted, A communication relative to continuiog the normal school every day im the week was referred to Normal School Committes Resolved That the clerk cause to be prepared and pnb nd of Education with all convenient déepatch. Adopte: By the Pristpyyt—Reralved, Thy Select Commi ites report to this Board such matiers connected with the union of the two systeion of education in this city as they may deem expedivat, to forra # document of this Board Adopted That the plans for s primary school in the Nineteenth ward be referred to the Coramittee on Plans and Con- struction of Schonl Housew, Adopted, Alter disposing of some routine business and docu- ments of minor importases, the Board adjourned to Wednesday next, tae 14th instant, at 5 P, M. Brooklyn City Intelligence: Fine = Pe ween two and three o’clook yesterday morn- ing, a fire broke out in tte houre of Mr. James Wacd, on Hudson evenus, between Lafayette avenue and Willough- by street sod speedily communicated with an adjoining tenement owned by Mrs. Brady, and occupied by her ow and another farsily pamed Gallagher. The buildings were of wood, #nd were soon reduced to ashsa; the ocen- ‘nots, however, succeeded in saviog moss of their house- cid gocds and farnitare, Two large three story frame buildings, ol contiguous, towards Lacayette aveuue, occupied by Messy J. &, Crommefia acd Aaron A. Brown! vere conrideradly damaged in the upper stories, but throngh the exertions of the firemen were saved from tots! destruction. Mr. Ward's losa amounts io about £500, uninsured; Me. Brown was Insured to the extent of $760, on wis furniture, in the Atlantic Insurance Com- any. The building is owned by Mra. Adger, ard the loes covered by insurance, Mr. Grommelltva loss. ts about $500 fwily inswed, butin what offlces not ascertained, The fire is eupposed to bave originated from accident, Count oF Sesstons.—The Court of General Sessions ia Kings county commenced yesterday before Judgs Moore, Presiding, avd Justices Stillwell and Stryker, associates. The Grand end Petit Juries were empannelied and several persons indicted for violating the excise laws were ar- raigned und reverally pleaded guilty;—Petsr L. Bonnet, for sellirg liquor on Sunday was fied $10; fonry Whit: tewburger, Lke indictment, was also fined $10, Tha ven- tenoe of Wm. A, Dulard. indicted for keeping a disorderly house, a Teerved for the present. The Grand Jury comprises the following gentlemen —Wo. M. Harris, foreman, William Bisby, John Titus Jacob W. Shultz, Hough Bell Jervie Brush, Nathaniel Briggs, James F, Jard, Wm. F Hemaingway, 8 A. Bees, Charlen Bakes, | Horvee theyer, Whiten Colyer, James Burt, J. 0: White hove, James M Seabnry, George Hull, Daniel F Schenck Jobn B. Henériskeon, After the delivory of the usual charge, the jury retired, and the court adjourned Axoraen RataL FERRY ACCIDRNT.—Ahont seven o'clock yesterday morning, one of thore recitents resulting from unnecesiary haste and want of foresight, ocoorredat tho Folten Ferry. involving the life of one perven and the narrow ercape of another The boat was just entering the slip,and when within afew feet from the briige, two yourg men leaped mimultareourly—one from the ‘boat 1 the other trom the bi meeting mideny and both precipitated tnvo the water. One of them was not cut, be ving gained ous of the beams bencach the bridia, The other rose up once with his heads extended acd sysin pork benoath the surface. The ferry hands avd ere were ergeced in dragglag the slip the creater por- be dn 1 eel in recovering the * men (s known, “e * 9 that a dew ¥ AS base ade his ray aome we ene ag | Brown is connected with th uily injured to preveat bim from making bia way | by them to relieve the distress consequent upen the pre- valli, Jos. Ela was called to the chair, and J.J. Jones was appointed Secretary. After consultation among those present, it was resolved Suddssdesseskeseeetes Ss8exessses 100 M. 8 Charlock & W. A. Snith SUBBCRIPTIO! A. R Frotbivanam, Chas, Dellinger, . Wolfe, Gillespie & Co Total The abo: contsibutions which ought respor; an appear, bat ia a promot ‘as it showa, to the callof humanity and a recol- if home, Ni YAN, Treasurer, 19 Wall street, Ald to New Orleans. New York. Sept. 8, 1853, W. F. Brovon, Feq, Aqxnt ror Mons, JULIEN. Dear tir—Your note of this morning’s date, advising that Mons. Julien would give a coucert of sacred and miscellaneous mus'c st Castle Garden on Sunday next, for the relief of the New Orleans sufferers by ‘he yellow fever, and asking our co operation avd influence with the fouthern citizens sojourning in thia city. is before na; and in reply, we would tender ourthanks to Mons Jullien for bis generous liberality in the cause of euffering ha- mavity, and inform him that he may be assured of haviag our co-operation in his good work. We feel sure all the citizens and friends of New Orleans, now residing here, will improve such an excellent opportunity of enjoying a0 Celicious # musical entertainment, made doubly agree- lagies Moet pape! rt bedient t, respectfwily, your obedient servant CHARLES L. FROST, For Committee Howard Association, The Deatitute Chinese. ‘The following {a an appeal to the merchants and wealthy citizens of New York, Philadelphia, Boston and Baltimore, in behalf of the destitute Cainese, now in this city — The undersigned ly represents, that after oon- sul-ing with some of the most influential and wealthy citizens of New York, he has oe @ steanca good bark of about 300 tons, which ro @s to despateh for re 6 Kong, on the 12th of September. aud to for- wird there'n the forty Cbinese now in this city. ina state of entire cestitation, and most enxious to return to their Own coun'ry. as mort of them have families there. The capenae ch soncatiog these pecple to their homes, after deducting the freight money. will be over four thousand dollars, which it is Proposed to reise by voluntary sub scriptions, which wil! be in this city by either of ‘tlemen w bose ram appended below. Those Philadelphia, who feei disposed to aid these unfortu- rate people in Lae ti their homes, wives and chil dren, wili pleace to hand their subscription: wo David 3. Brown & Co, Thore in Boston, to Wm. S. Sampsoa, Exq., and Those in Baitimore to Carey & King. ba Moe aad? 1853. Bo a i Sule ae lew York, r] ston an timere papers, will please to copy rad The urdersigned earnestly recommend to the people of thie city, acd elsewhere, a prompt respons to the ab ve appeal in behalf of the unfortunate Chinere, now in thia aity, in en entire state of destitution. A conriderabie sum has alresdy been raised, and itis tobe hoped that ‘the balance will be speedily made up. For the Committee GEO. CHRIST. 68 Broad «treat. MORTIMER LIVINGSTON, 53 Broadway. WM SEEBACH, Bookkeeper of the Shakespeare Ho‘el, corner of William and Duane sticete. TO THE EDITOR OF THE NEW YORE HERALD. To prevent further mistakos in regard to my coantotion with the Chinese company, which may have been indnord by my Fileuce cansed ro'ely by & dinposition on my part t their being the recipients of sympathy and I reepectiully solicit the privi- in gold, 2d. The moneys in the hence of Mr. Dimon, the’ troasurer of said stock company, (excepting a few dollars) was sil paid cut on srriving at Gorgone, oa the Isthmus, frou which place 1 paid their exp« rom my Private fans to Aspipwall, by rsilre snd on their arrival in New York, Hotel, at Tammany wall, and thrad Gays board in sdvance at the Soaksprare Hotel. together with other current expenses. amounting to $699 25, deliver- ing them over to the hoard of management, accordiog to tay Sereement with the stock company, when my contral of the Cc eased aod ail eubsequent control and yusiness was ‘ted by said Board of Managemoat, waich were duly ship company, by , for $5,000, tho amour t of transportation of sad company. and the Chiness subsequertly consented in writing that the wardrobe should remain in the bands of the steamship company as security for said lien, h. Their ena: do by tho Roord disbursed by jol'ar of whi.h was evor T pai over to the Roard of Man Sth. The Chinese, through their daly authorized agont, reecinded and annulled their contract with the stook om: the Sist of May last, by which aot they had no 0; Chiaese, in April feat, T 5 0 Further olatme on anid stock compa 6th. Sinoe my arrival with the of New. York, with the oxception, that on the 24 day of August, I loft for the country. ¢ Si have resided in the eit, 0 vinit my relat'ves and fri , and have now returoed to this city, where I sball remain, ‘am, most respectfully, yours, &e., Now York, Sept 7, 1808. Gkoxdk W. REACT. City and ‘County’ of New York. Beach above mentioned. being duly swor statement is truo of his own know no! a Fworn to and subscribed thi: 7th before mo, Deeds. BURGE W. BhacH day of Septomber. i853, Worvmxoron Romaine, Commissioner of Crysial Palnce, WASHINGTON NATIORAS MOKUMENT FUND, Cash on hand....... $2,312 87 Cash received this day. ‘ 54 62 Total. 367 49 A Novst Runaway.—About seven o'clock on Sunday evening the engiceer of the vight train on the Trenton railvoad fired up the jocomorive at the Kensing- ton depot, aud then want to rupper. While hawas gons the steam got up, and the valve oeing partially open, the engine ptarted, at first elowly, but roon gut undera potty good besdwsy, When it reached Fraokford the fire waa low, antl it was goteg slow. It was stopped by & geatle- men who Fappened to be on the railroad, the exgi versed, ibe whistle blows, and started back. bed gone abont half a mile be met the enginesr puflog and Dlow!ng, he havicg started in p tor his runa- way irc wark Advertiaer, % 60— A Famity or Rau Tier Tin tancas a fa fiuetrative of the bent of cor a families to the same calirg Thee aro rix brothers, all of whom are eminent vailroad men, TS. Brown, tho oldest, in an coginosr on the St. Petersburg ard Warsaw Railroad. Russia; Sam Brown ip & superiotenrent of the Conandsigus aod Nia ara Fate Railroad, R. M. Brown te superinteodent of the New York and Erie Ratlroud, W. A. Brown fa an e: sive Duilder of lecomotives in Philadelphia; J R Brown ie an engineor on the Catawinsa (Pa) Railroad; JW. igut department of the New York and Erte Railroad, Maing Liqvor Law—Isvontant Lraan Da CsiON,—-The City Solicitor of New Bedford baa a written ortniom thatthe Tporate Cr cannot, eliner through a vor ity Son otberwira, mah any promies that stil bo | legaliy binding, t» icdemn f Nivers who shall serve warrants in the neizure of egaipst the damages they may woetain sited therefor, Tue ag the pe “ THE WORLD'S TEMPERANCE CONVENTION. THE OLD FOGIES VICTORIOUS AT LAST, Wendell Phillips & Co. Discarded by the Cold Water Army. Fred Douglass Denied Admission into the Camp The Convention Composed of White Men. BLACK MEN AND BLOOMERS ENTIRELY EXCLUDED ALARM OF FIRE. 4N AUCTION SCBND, te, &, & At nine o'clock yesterday morning the third day’s sea sion of the World's Temperance Convention commenced. ‘The leaders of the cold water army, intent upon depriv- fog the lookers-on of the fun displayed the day before, stationed a commitiee at the door, with positive orders to admit none who hed not with them their credentials to the convention, ' All who were not taus provided with ‘the proper pass were turned into the galleries. Wendell Phillips wae admitted, but it was only to be turned out again, after he Bad taken his seat. Whether orders were given to admit only white men, we cannot say ; but a black man, ealling himeelf Frederick Douglass, presented his credentials at the door and demanded admittance asa delegate from Rochester. He didn’t get through. He wes informed this was a white man’s convention, and that the best accommodations that could be afforded to him, were to be found im the upper gallery, especially made for the use of eclored gentlemen. The Napoleoness (if we'may be allowed the word) of the day before, Miss Antoizette Brown, was not disocvered among the au dience. From the new arrangements, she was only there through her reprerentative, Wendell Phillips. The absence of the petticoats accounted for the com: parative order and coolness of yesterdsy’s deliberations. The delegates went on like men who were not afraid to act. There were about three hundred delegates ad- mitted on the lower floor, when the meeting was called to order, The gallesies were filled with ladies and gen- tlemen, who, no doubt, had come in expectation of a re. perfermsnce of the amusements cf the dsy before. The President, Neal Dow, Esq., introduced the Rev. Dr. Kennedy, of Brooklyn, who opened the proceedings with prayer. The minutes of the previous day were then read, and oppored by Wendell Phillipe, Mr. P, rose and atiempted te speak, when The Hon. Mr. Hoar, of Maesachusetts said—Mr. Pre- sident, Irise to ® point of order, (Several yeioes—" Go on the stand.” ‘‘ Take the platform.’’) “ Keep etill,”” said Judge Hoar, “and I will speak loud ‘enough for you all to hear me.”” Judge H. proceeded—I regret that Mr Phillips, powerful im oratory and intellect, and desirable aaa co-operator in any great cause in wh’ch the heart takes part, should be here reprerenting himeelf as a delegate to this con: vention upon doubtful credentials. Certain reports have ‘been made in reference to the papers which he bears, which fasten fraud upcn parties somewhere connected with his presence hei For his own sake, for the honor of this conventiqgg, and for my sake, I hope it will be referred to a committee to examine and report upon the credentials which the gentleman bears, that he may be freed from any imputation which may rest against bim. (Ories of hear, hear ) I therefore move to ratar Me. Phillie? gredentinis to a committee to examlse, Mr. Phillips’ at once taw this was his death blow if it passed; he must kill it if possible. He had plausibility on his side, and he mace the most of it; but all tono Urpore, y ir. P, sald, in reply to Judge Hoar—Wé are all here vpon ourown arsertion How any of us came in poa- session of Our paperr has cot yet been an inquiry. (Ap: plaue ) You have no right to go back of this in my par ticular case. You bave yet adopted no rules for the taial of our papers, I have my papéra in my pocket, signe a by gentiomen of the highest respectaoility—names iol compare, as to character Sud wtanding with those upon any credencial+ in this house (Apvlause ) If you at this stage of the Copvention put me on trial, by ‘what rules for testing my rights am Ito goby? You hava yet instituted none. Ii you wili lay down var rules, Yell me what papers I sbould bring here. I will guarantes tofetch them. (Applauss) If Judge Hoar thinka my pavers are forged, I am p.epared to prove their genuine. ners; but that is all I am prepared to do, Judge Hoan—I rive to @ point of order. I don't like t> bave Mr, Phillips wisstate and misrepresent. (Sensation in the audierce.) 1 have not charged that gentleman with apy such thing aa forgery; [raid his credentials were net fully uncerstocd. There wero reports agaiast them that were neces-ary to be explained, Mr. Pururs with much feeling proces ted.—The gen leman ured the word fraud. word to be used be- tween him and ma, who have acted together in many a great ard glorious fight. And were I in Massachureite, it would not be recess for me to repel such a cuarge, ven though it ci from one as venerable ashe who ‘ow. (Voices of hear. hear.) Various motisns were made to amend, substitute, lay upon the table, &c. After some difficulty, tha yoto waa taken upon the original motion of Judge Hoar, and the convention decided to refer Mr. Phillipa’ credentials to tue committee for their examixation. ‘This was a death blow to the whols crow. No one for a moment thought that the committee would report in ‘avor of them. Mr Ph'liips hed already played too conapicuons 8 part, end become too obnoxious to the convention. All the hepes of the great disturber, Antoinette Brown, were crushed st ove fell blow. Her champion had evideatly beard bis death knell. Mr, Puuurs—Msy I aek the Chalr whether I ama member cf this house while my papers are under con- sideration? Cuam—You are rot a member until the committee re Mr. Prmuries, feeling that his raco had bsen ron and lost, bere left the house, ro the great satisfaction of the white men ard anti women delegates. Some of bis friends, by way cf revenge and retaliation, moved that all the credentials of al) tue delegate: fro Marrachusetts be referred to the Commitiea on Cradea- tisle. (Langater, ‘and cries of “Good,” “That's right,’? “It is shametal, such barefaced injustice.”’ Bat it wae nogo, The charge had brought down the object at which it had been fired, and the Convention were content to let the matter reet there. Philips waa killed off; the di turbers were disturbed and ronied, there wassno hope for tha reappearanae of & rinule petticoat upen the Geld, srd ‘quiet reigued in Denmark.” The motion was put and lost. The Cuaim— Now the question comes up for the acoept- arce of the minutes, Various amendments were progosed end lost, The vote was then taken upon the adoption of the minutes, and carried Tt was then me ved and carried, that the order of b pees be euepended in order to allow General Cre Ohio, to offer olution. This wasn trap for the dis. turbers, but themselves not being io ths «« aad not avspecting what was coming. fell into the snare, and the motion was carried unanimously. Gen. Cary, of Ohio, then read the followfog = Resolved, That inaemuch as this convention has been [n- terrupted in ite procesdinge by a faction of disorganize mbled in New York eity for the puro te to involve the cause of tempera: popularity, with thelr peouliar notions and topi xected with the temperance reform, it becomes owe to ourselves snd to the world to avow di ourgreat and only ourpose is to prolabit the manufacture and ti fie of intoxicating liquors as a haverage. And mnly protest sgatnet, gud will resist. overy effort, quarter: to jnvolve this with any other question, al. politica), or religious ‘That the common useges of soolety havo ox- eluded woman from the public platt rm, and, whether right or wrong, {tis not our proyinos now te determiae, hut wo Will conform our action éuring the present eonvention to Public neage, and es clude femater from participating in the public discussions of this convention. Great applause apd bivaiog followed the reading of these resolutions. It was a clinsher to the prooeediags in regard to Phillips, The abolitionists and diferent isms saw their entire two days ficht abont to be wivad away by one sweep froma Gee. Oary. The General looked satiafied | as be caw from the seene sround him that his resolutions | were safe, “move they Jay upon the table,’ says a pattionat | man. ‘They will Jay you on the table first,”? replies ane | other, “Move to amend.” ‘Shame on this injusties.”? “Heer the fluttering of the skirts’? “ Bressnes tri- | wmphant.”’ | Adove all the tumnit, Swonarsse war cocasionally heard to moan forti— I rie clot of order, | eal for ® 1 an willing to go, myself, mes,”? &9, toon teen that Dr Snodgenss— who, by the way, is from Maryland, avd not of New York sa we oublished pesterday—wened an opportunity to come around. He tegan torepeot. Phillips had gone, Ha waa left slone, ® pigmy omong the mountains. Be cried lusti’y for an opportuniiy to speak, In pity he waa at Inat tolerated, and time was given him to say dietinotly that be voted for all after it becomes,’’ &o, opposition to women, disorder, and all, Several otbere trivd to get an opportunity to follow suit; but the ory for the voie on the resolutions drowaed the voloes of them all. The firet and second resolutions ware then soparately put to the house, and, by a large majority, both adopied. (Great tumult, applause, hisses, Inughter, and invective ) The Hight against the Now York di-orgauizers (a# tho | rerolutions termed them) belug now ended. tha Chair steed thot rerorts would be now prevented from the different committees, The Rey. Me. Cuvram, of Naw Jersey, then presented n report from the committee » prepare'sn ad- | area to youre men which war adopted | Mr. Ber, of C =I hate to ast y body, but f know my terpersnee brethe me nothing which they ean grant consist yen to hear ® young man who e 3 (Loud that I have ten treated with ‘adie pa is ron have to sey. Mr Watcor. He said—I rise reluctantly to save the reputation of this convention. I wish a reconsideration of the rerolutions just paseed—the re-olutiona of General Cary. (Sensation rh the audience. not being A Dozen Voices—" We second the motion,” “second the motion” Mr. Bunt—I rise to « point of order. The gentleman has no right to speak upen this motion. The Cua rustaived this point of Mr. Hunt. The of General Cary’s revolutions was then called for, y were read accordingly The excitement focrearses. Some thought there might be @ reaction. They were doomed to disappointment. ieee reconsider was put and lost, (Applause issen. The Rey George Dervimyp then resd a report from the “ Committee on Obstac'es in the way of F: a” Io ficesrleiad with this report were the following resolu- ns:— 200 in ite original and sect as it is above hat it is alike according to the dictates of and theexperience of the world at largo, that ™ of this should be confined to as few and ci ples ani follow: it is injurious to any cause whe serve ulterior and subordinate purpose it ts party 6 onuse of hamani in order to advance That thoy are traitors to ty, who endeavor to subvert one what they consider to he another, tion as they would not put upon tho dial, a i nt parte of the Innd, last and desperate stand, aad by 2 nad arm lift once more this glorious associations thatare ag uncalled for ag cance of temperance ix a question al F Parate and apart from the question of womar’s yights, abolition, Jand reforn,or any other, and that it must stand or fall uj its owm merits. It was moved to amend by striking out the last portion of the report. Mr. Watcor. of Rhode Isiand—I second the motion, snd wish to apeak tothem, Let we repeat, that nothing can te further from me than a desires to occupy thy tian of this convention. (Laughter ) But Il have rer ponaibilities however. s* a delega'e, which cannot be eruded But while my convictions are aualsst xomen rosbiog in the thick- eet of the fightin debate, yet T would not perform the tlightest abadow of injustica to any mortal, to seve this corenes from avolcaniseruption, (Laughter and ap. use. ‘The gentleman was here cslied to order. A motion was then made to refer back the entire report to the committee. After some debate, Judge O’Nr moved to Jay the motion to refer upon the table, which was carried, The vote now comes up on the adoption of the report ard resolutions ; are you ready for tha question? (Ories of Ready resdy.””) Tha vote was taken, and the Teport adopted " (Applaure and hives ; great. tucault ) ir Mansu then read the following report of the Com mittee on Credentials, in regard to the papers of Wendell Phillips: This was #p interesting subject to the conven- ton, and all were rilent to bear the report. It vas, ag most expected. against the ixms, sbolitiouists and dis- organizers. The report was as follows = The Committee on Credentials report tat certifi wero handed to them from the ‘ Ninateenth ward Nest Dow Agsociation of New York,” ona of thom besring the pame of Wendell Phillipe. The committee received it sup- ‘® regular total sbativ Paring it to ¢ socioty in this city, but they have sinco learned. from good autrority, thst it w creation, formed after this conveation had as- he purpose of sendiny xates to this con- . They cannot conrider euch certificates as regular tials, and therefore donot entitlie the ho.dors to a This report wan adopted, and great was the tumult again factioniets wee bentoa dying game But it wad DO to hang out. The fat had gone forth, ‘They caved in. ir, McCune then read a report from the Committee on the Political Eoonomy of the Maine Law, This report war unsnimonrly sdopted. It was then moved and carried, that the Commtiteo on Publication, when appointed, havo tha power to revise these reports as regarde.verbsi mistakes. Tuare were many who objected. But t wax no use, The chair would not Lotice them. Mr. CLarK, of Maes., then read a report from the Com- mittee 10 Prepare an Address to Foreiga Goveraments, which was slso adopted Gen Cary thep moved to take from the table Mr. Mareh’s freroluvions ot yestercay, being the report of the Business Committee This s carrisd. and thess recolutions were then taken up singly for adoption:— (These resolutions were published in fallin vesterday’s Herstp in the report of the Busivers Committee.) The first, second, third. fourth fifth and sixth resolu- tionr, were endorsed and adopted with no alterations. ‘When the seventh resolution came up, a long debate tcok vlece upon it, it being locked upon se one of the mottimportant points of the Convention, We reputlish this rerolution. It is ag fo lowa:— A qresticn of such vast magnitude in its bearing upon the moral and physical interosts of bumavity, and upon every department of human industry aa the Maino Law, ehou'd never, in the pinion of thia Conventi ome & Fut should ever bo presented ag one of universal be decided hy the whole povple vponite true merits; snd hence we repel the ebarges of mingling temperance and politics; but if any political party oppores the law for the purpose of retaining civil poser we feel bound to consiter that action an at war with the best intercrts of the community, and to withhold from that party our votes and in no cxse will we cive our votes to any bus Shove whom wo Know will seoure and sustain the statute wo em Several spoke, expressing their opinions in regard to the propriety of mingling the temperance quostion witu party poiltice, question of party politic, interes Mr CunsixGnay, from the District of Columbia, said— Tema party an, but Iam in favor of tae Maino law with party, I will vote for a sober whig before I will (ur adrupkea democrat. (Ap laure) I think we stou'd come out before the world, and take our stand aa pledged te the Maine Jaw at ballot box. Joun Pirnvonr, of Mass —I axa opposed to linking this question with part, We temperance man are not be- hoken to party. “The temperance cause is superior to it. 1 wieb this Convention to spesk out ia 4 lenguage net capadle of being misunderstood, “Hon, Judge Hoan, of Masa.—I desire, Mr. Prosident, if Tcan, to induce the gentiemen who differ in regard to the propriety of this linking ourrelves with party to co to getber. They all mean tho same thing but only differ as regards the means of accomplishing their end. We in Meesachusetts go farther than the gentleman fom the District of Columbia, In Masesobusotts, if the whig party nominate men who are not Maino law mon they getno yote «f mine, (Applanse.) And If the locos or free scilera cominate a decent mau, who isn Maine law moan, he gets my vote (Applause). This is the ead of us all, to gain power from tha dallot bo: To do this, we rourt carry the question there, as expressed la the reso. lution, Gen, Cary ef Obio—If the gentleman will give way for one moment I think T can atop alt discussion by offering the following resolu'ion as a substitute ;— Rerolved, That this qnestion involves all the heet in- terests of society, and while we do not design to disturb politica} parties, wo do intend to have and enforcoa law probibiting Mquor manufactu fo a9 a beverage, whatever may be the co: or all political parties, and we will voto t accordingly. This wae seconded, when “Mr. Cakson, of the Garson League in Westero Now York, said :— Mr. P esident—What have we come up here for, I wouldn’t go a rod for apy ruch resolutions. They amount to nothing [ will isl you how to get rid of ibeve rumsellers if you will give me ® chances, (Csils for the © Que+tion.’* -‘ Question.”’) Mr. Jackson. of Penn —As a member of the Businow Committee, Lwivh this sesolution referred back to tho Business Commitres. Mr, Moxuis, of Penn.—Thia is the most important re-olution or question which has been before us. I moys* that the seventh resolution, therefore; with Mr. ot 's rerolution, and ali otbers pertaining to it. go back offaln to thé Business Committee for their further action. ¥r. Monuneap, of Vermont-We have been living for ‘a long time upon only resolutions. I move all these reso lutions be laid upon the table, and we proceed to busi- ees, (Levghter JIndge O'NEW, of South Caroling—T think there fs no necessity for @ reeommitment or reference back to the Base inexs Gmmities, Gentlemen, whan they del/berste upon thir question, should ramembar the couatry Souta of Ma- fon and Dixon, as well as that North of it, 1 have been a long time engaged ip the temperance reform, and am qecrenty tatinfied thet the revolution of the commictee ia @ only one which will answer. We wish only to tell parties we pro temperance men, and not psrty man, and when apy party interferes wird ua, then wa will oppose them or come ont party men This caure will be de stroyed at the Soath unlees ic ts treated wisely and ju- diciously. (Applause) . Mr. Wisiams. of Alabama—T an heppy in obtaining the floor, as the only ous from the South, excepting tm honored friend, Jadge O'Neil, who has epoken pot th question. (Cries of Take the Platform.) Lhavecome from the Gulf of Mexico. some tifteen Kinndred miles off, to tell you we are temperaves men, and to rafse our voice in the nots of thisConventicn. We have now arrived at ‘an important stage in thie Convention, which ta to decide how are we to advance temperance at tho ballot box. I take it thia difference of opinion rises from misconcop. tion of the language of the resolution. fam an ultra man, but I can most cheerfully vote for thia ebole report, Tam ademoorat, but I would vote for a sober whig rather than adrunken democrat. I wil! bear, with all my strength, the banner of temperance in the very face of the de- One if they dare to raise it in the face of tomperance, laure Gen Tay My object in offering my substitute was to embody every ides of the original, and no more, ia simpler language; and T challenge Judge O'Niel, Mr. Wollama, of Aabams, or any one else, to show that I have not done it ¢ pesohutions were then reed in comparinon, Rev CHammens, of Ph'ladelphia—It bn mater of surprise to me why there should be #0 much tardiners in specking out clowrly upeo th y, siaee tho birth of eur eonntry, all partt tee ped tn ram so deep tha are aa to depth Tam a dem 1 wil to Gah We wueh whet aay bho rum true var parsies oF | {Several voices, will Be the work Sata ey gee ee can 10 ithered up every’ teh ite Therefore. cue be fore us. “aris sae the same c] from Ja nor freo Geet he Cnstavers, wha mays be Deesure 15 oukl be ‘ he te the fa ber of sy (langh- wy) T went to om map that is, Maine law, In prog when there was but ove ides in parties, and they were all bonest. creeds, “Tt taked a rogue to watels the other, ye pr + down crlea of ‘Order,’ “Question, quer~ Lt "Ree. The Cua ie the qnestion to recommit whic: was bia Reioees thes taken upon substitu’ apd it wee cart! of feet followed this termination of the contest. The Convention then adjourned till 3.0’clook P. M. AFTERNOON SESSION. The Convention re serembled at 3 o'clock in the after- roon, In the absence of Neal Dow, General Cary took the chair. The first speaker introduced wae Tuomas Carson, author of the famous Carson Lesgue:—Our plan has been to conce ntzate the good heart of the ecuntry im a body against rumeelling. We hire an aceat to sue aly who sell a glass of liquor, and furnish him with an office, beoks, salary, and all other necessaries. After some further remarks the gentieman closed, when ‘Mr. Ovnnronam, of Washington, moved, thet Mr. Carson be requested to place a statement of the Carson League before the Committee on Permanent Organiza- fon. This was carried. Cyim.—The business before the house is the farther consideration of the report of the Business Committee, The eighth resolution was then read Dr. Sxoporass—I wish to speak to this resolution. In our squabble, heretofore, I have had only the one ides, to consider justly the right of representation. With this preface I will proceed at once to the resolution be- fore the house, We want more than the resolution eske,’ We want the assistance of the general government. While a8 yet the general goveroment ensures pas- sage through her curtom hoare of packages from a covntries. I, therefore, meve this be added to eighth revolution. Dr. Secdgraes’ proposition was referred to the Basines4 Committee and the eighth resolution then acopted with- out amendment. The ninth reeclation waa then read. ae McCLurs, of Mase.—I wish to speak to thic resolus tion. Cram— Will the gentleman take the platform? Mr. McCLurB—We have the Maine lew in Boston, ard yet it is a netorious fact that ee uever had so muetx dropkerners in thet city serow. It arises from the fact that the Mayor and the Commen Coune!! are on the side of the rumreller, . [The gentleman hrre related saveral inoi- dents of drunkepners and deoeucl im Boston, and said a fearful responsibility rested upon the authorities of that city for their neglect to provecate the rumsellers } Mr Jackson. of Pennsylvania, also made afew remarkg in regard to the execution of the law against the rumsel< Jers in Meine, He raid that Johu Neal’s opposition to the Maine Ipw arose frem « private pique egainet Neal Dow. When the Maine law was first cores voi that same Johm Neal presided at a temperance meeting ip favor of thas law. ord never dreamed of ita unconstitutionality, and I want you si] to go home and through your temperanea papers give there facta to the world. The ninth resolution was then adopted. The tenth. eleventh acd twelfth resclations were sepa- rately xdopted without alteration The thirieenth was theu adopted with two or three ver+ bal siterations. es the fourteenth was read and unanimously adopt wae resolution of the report, the fifteenth, wag Dre Vans of Canada Went, wished to amend this reso- It this fifteenth resolution fs pobliehed to the world ap read. it will carry with it the sppearance of a losal feeling, Ths Convention shou'd sim at an influence ail over the world. Let it not be raid that an American Convention could not exist without o fliog at Eoglaed. tated hear. bear.) I think re will ree, gentlemen, 1 DEcersity of irs ‘tion. Twant to go back to On. nada strengthened by my vi-it here It was then moved to strike out this objectionabie clans@ of the rerolution—"‘Ubina, barring ont the fatal hee yer Sapal toreceiya it by British cupidity.” This w: carr Mr. Savacr. of Washington—T some from a little dis- trict sometimes called out of the United State+—the Dis. trict ef Columbia. A yever:bie gentioman from Messae obusetts to-day called Washingt wom, Weil, in ane awe to this Ican say a sink mey be clean or it may ba fithy; ard I pay vhere ie no cleaver sink in the Union when Conrress te cut of it. (Laughter) Send sober men to Congress and it will not be setirk atall. (Oriet of hear, bear.) Weeitizens of Wasbirgton don’t «ant you to make our city «n seylam for your and gamblers. (Laughter ) Mr. Jackson, of Penn., made = few more remarke. 1 vant to tell you gentlemen, what I found when I went down ip Maine; I travelled there six weets, and I did not see liquor por a drupzen man durirg that time, Question=Da you go in the back room? Mr, J—T have found rum acts the same, whether drank 1m the back room or front zoom. ({anghter.) Mr, Jackson—I travelled through the Save of Maine, ord found the privone of their oountionempty. The statements of Jobm Nes! are false, and he knows they are false. (Applause ) Mr. But, of Maine—I have had my heart stred by the exporhion made by my trierd Mr Jrck-on Tne etate- ments mede through the prest by Joho Neal are lies, and he knows it, Iwill éefy any man to find an open bar rom in the whole State of Maing, Tam slnost ashamed to acknowledge Joho Neal ae a citizen of the State of Maine and I think be ought to be invited to emigrate, ‘ore (from the suctenee)—I shonld Ike to ack if Jobn Nes) is not about used up. snd bad we not better proceed to other business, (Lavghter ) The Cnam—I? son ask for information I should an- awer, I should thirk Jobp Neal was used up Mr. AuteI dov’s wow who bires John Neal, batt should think some ene engaged iy services et this me. The Custk—The question is mow upoa the adoption of the rea lution, ‘One or two verbal alterations of the resolution were here made by common consent ¢f the Coaveation, The reselution war ‘ren adopted. G W Crank bere offered @ resolution in condemnation of the rom trafic, which waa referred to the Committee on Poriness Mr © then said—T wish to {nqsire, Mr. Prorident, in Tegsid to sore reports wh'ch | (igo would not believe, Tunderstand that eo honorable gentieman, who his @ ree tine? education. a gracoste of ove of the nigheut schools of the country pre-ented bis credentials as» delegate aS the door this mornieg aud was denied entrenca beowuse hia ehin happens to be of a darker hue thaa ours. (Oried of “That's right,’? “That's right,” “We don't want dare hier bere") Craim—I cspnot answer that ques\iow pre per source (0 apply for thar Rind of CLARK—I allude to Dr, MoCane & ‘He's a bieck man.” Tam not the b ‘we don’t want Clark sat down, sviden'ly convinced that there were po ebances for women or darkies ia this Convention ) The meeiing then adjourned till 734 o'clock im the eva- ning. mation, of this city, im,” &o, Ke, EVENING SESSION. The attendance at the reassembling of the Convention at 73g o'clock P. M., wae very conrideradle, & large pro portion consirting ef ladies, Neal Dow oocupled th¢ chair, The proceedings were opened with pr: by Ret Mr. James. Thin wan followed by the singing of » ‘eux perance song by Mr. Otiem Behold the day of promise comet The audience appliance, end ibe singer resumed hid seat at the piano, and gave cné Kovg of the Hutohinson Family, the burden of whiob is—- Tnele Sam is rich enongh to give us ell s farm. The Chairman then introduced Judge O'Neil of Sou Carolina. Judge O'NEM said that be id not feel suthorized to decline coming forward when csilad upon, but would ron as rapidly as possible through bis subject. Would ha be afraid of the spirit of feoaticism and rowdyisca which bad cast dirgrace on the proceeding of this Coxe vention? (Applaure and hisses.) Certainly not, Ha would £ot speak of bis principles ars political man; ba had no party feelings, He bebieved that everywhere tem- perance in acknowledged to be right. If we were right all thore puny whipsters who stand in our way, on tha right dnd on the left, would dissppear, But we do not sufliclently support of seother, Here the speaker drew some sort of a parallel aoviicsble tot the cause from the histery of @ battle fought between Marshal Kleber’s corps d’armée ageiaat the Turks, at the foot of Mount Tabor, It was necserary, he ooutiousd, to be un eerstood that temperance men should be well proviston~ ed for the campaign against rum. If 40, and every maw bad courage, their corqnert would bo certata, (Another historical anecdote and «p on.) To carry ow the work of temperance, he continue’, it fu medestary to bave an absolute prohibition of (he sale of aplrituoag liquore, They had discusesd hat subject ia South Cara. Mao, in 1842, and ever sinoo thuy bad dees etruggling to attain the ground which they thea occupied. What is the objection to this absolute prohibition? Mf you tara your eyes on society and see it covered with the pall ef death, and see the product of intemperance tm your ty paar jails, and sxylumas, why you hesitate in having a 4 fe. to it? Even the dealers and mapufacturers jtoxicating drinks cannot final Pronper or bevefit by it. (Another local anecdote and aypit- enti nag to the curse attendant 00 the basingw.) Mai 7 and many a dramselier, he remmed, herein New York ie bin own beat customer, and down to a grave ot penury ard ehame. leuds, therefore. resolved to bring your influence sgaipes this evil at the ballot boe, Stand forward at t Te, aod soy thet your freetow shall not be periled anc destroyed by, the influwase o dram rhops. Your legitlatore bold beck from aot the matter vntil public op nanifested, Lad New Yerk, 1 lock on yon ¢ at] look om tha lading | efmy ete, Remember not 4 bare to at. Reuny Gf the Gestetesn Of woe eyylousd gad 40% kimeon) ou Ly wen. | EEE