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

*, AND STATE POLITICe ee we ‘Bldotore-—bat al! was lost, and there was no hope in ) Our Washington Correspo ° mane pate went into caucus to nomi: | Wasuiner aGrner. nate candidates for judgesof the Supreme Court and | The President and his x, Nov. 24, 1853. a United Ststes Senator; the tyotbird rue iy \ i GUN) Nov. 24, TOs | adopted where there was more than two cacd'dates. Cabiiet—The Coming | Here was the place to try the ability of the political | e” ini | all the time, until the vomin i . Mr. | au 7 ae pone ese ane Bennington and Mr. Stares were nominated and | ca New York, in spite of McDonald being laid | oie cteq as jude, and Charles J. MeDouald was, on the seventh balloting, nominated as the candidate | for United States Senator, over Mr. Cobb and Mr. ‘A. Iverson; the nomination was unexpected, and Mr. | Cobb’s friends, at heart, were very much excited and | dissatisfied. The fault was in the impolitic and im- | prudent conduct of his real friends, a3 well as the | management aud skill of his false or pretended ones; his supposed alliances wich the governor elect, and other persons who were candidates for offices | before the Legislature, had its effect. Also, tl he and a large number of his family connexion <0 shelf in Georgia, in spite of the probability ef Jeremiah Clemens being returned to the United States Senate from Alabama, and the uncertainty of the Senate of Missiesippi being willing to go into an election of United States Senator, the President be- Heves that his Cabinet is doing wonders for his popu- larity, and that nothing but a solemn declination of being a candidate for re-election in 1856, can prevent his serving another term. Should the President doubt the sagacity or truthfulness of his ministers, | fe State and the United States, and that, be had the kitehen cabinet, with John W. Forney at their | given his adhesion to the President his Mybinet, head, are ready to endorse them; and when the Pre- | which he was obliged to do, becags# appo! ents sident begias to tire of his kitchen cabinet, his minis: | Were conferred at his instance, one on his brother- ters assure him that the kitchen is indispensable to his safety. Thus placed between two sets of selfish and anprincipled men, each of whom has his own axe to grind, and his own purposes to serve. General Pierce is literally cut off from all communication and ational intercourse with the sober-minded portion of hie fellow-citizens—the victim of a low conspiracy on the part of those who call themselves his fends. Every election which turned out democratic has been proclaimed as a triumph of the “President's policy”’—every vote that was cast, was an act ef fealty to General Pierce. A system of fulsome and degrad- img puffery has been introduced into all the presses wubsidised by the government, while biographical aketehes have been published of every man connect ed with the administration, from the great boar in patched breeches, down to the political baby who acts as private Secretary to the President. While woap has been copiously applied to the skin of the Dig animal, the young one, as yet “guiltless of the tye,” bas actually been dreseed in bristles! There 3s no species of humiliation and sycophancy that has not been employed and exhausted under the present | adminicstration—no kind of tergiversation that has not Been mage use of to misrepresent facts or to suppress the truth. Father Ritchie is moving about, shaking his head, ‘with a countenance as sad as Cassandra’s when she prophesied the fall of Troy. But as long as Marcy 8 the part of Priamus, and Jefferson Davis that of Hector, while Patroclus (Foote) is slain, they fear meither Nestor, Ulysses or Achilles. They are, how- ever, actively cogeae in pulling ia the wooden horse which contains Van Buren and his men. Prince John is now here to enjoy a quiet téfe-i-téte with the President, and to aivise with him aboat his | message. He has probably heard that Gen. Pierce | means to denounce free soilism, and is afraid the | Reople might take it inesrnest. ‘This might destroy | prestege which John Van Buren and his followers ‘have acquired under the present administration. | The contest for the Speakership is pretty brik, | and is pretty well narrowed down to Disney and | Boyd, though, if there should be arow in caucus, | ‘there is no knowing who may be the Speaker. The | adminittration is for Boyd, who would probably alow the Cabinet to appoint the committees; but at | this stage of the game it is difficult to say whether ‘the aid of the administration is of much valce. ‘The candidates for the clerkship are wisely holding back, not tee sold or traded off in advance. They Jeave Forney to ficht against his reputation for a Pbaetirgs celle Meg Poy See | mined, en eraeeS au bres effort a io bore al fri Tiana watt cratic party will and must govern—it is the feelings rating the personal friendship and inssaay ot | and voice of the people. OBSERVER. This course of Mr. Cobb did not suit their views of national democracy, and they did not nominate him. McDonald had the strength and aearmpethy with him; he has always been # favorite with the old mocratic 5 ‘o years ago, Mr. Cobb obtained a majority of nearly 20,000 for Governor over McDonald; poe iF now McDouald has received the nomination by the vote of two-thirds of the members ot the General Assembiy, which is tantamount so an election. Mc- Donald was a member of the “ Nashvile Conven- tion.” Mr. Cobb's friends are mortified at the con- trast and their disappointment. It 1s rumored that the President will give him au appointment equal or superior to the Senatorship. iday, the 18th inst., tne election of the United States Senator was to come on, by a resolution passed by both Houses, and sanctioned by the Governor; but when the Clerk of the House of representatives read the message to the Senate, requesting their at- tendance in the Representative Chamber to elect a Senator, the Senate retused to attend, and passed a resolution to postpone the etection for two ous Four ot the democratic Senators, and all tae whigs, voted for the resolution. This is nul- lification at headquarters; i+ has produced great excitemen’; it is the ruling topic. There is a complete stampede, and where it will go to. or how it willend, none can tell. Whether the House will pass the resolution of postponement, or not, I cannot Say; the whigsare for it, and they will carry it if they can get democratic votes enough. Iam of the opinion that it will injure Mr. Cobb seriously, al- though he is against it, and wants the election to come on. He went in.o the nomination and will abide by it; this is noble at least, if not fair. If these democratic Senators are at heart the friends of Mr. Cobb, they certainly will not sacrifice him and the party. They ought to consider his situ: ation, and be guided by him. It is better for Mr. Cobb that harmony should prevail, and let McDonald be elected in preference to a whig. ‘ If the stampede continues and there is no election, it will be next to impossible to unite the democratic Senators, and without it the democratic victory will he a defeat. i The people of Georgia are largely democratic in their nature and habits, they are for a national demo- cratic party, without sectional feelings or plunder, they want its head to be men who will be for the whole people, and with them, and they want thoze who wia to wear the laurels. They have been be- stowed on individuals who did not work for them, and who did not deserve atwig. They have been disappointed and deceived by Mr. Pierce and his Cabinet; and you need not be surprised to see resolu. tions passed by the present General Assembly, as se- vere as any sent forthin New York. Wish a deter- Our Boston Correspondence. Boston, Noy. 19, 1853. The Results of the Legisiative Election—The Sen- ate—Estimated Effects of the Cushing Ukase— The “ Sixth Proposition’ —-Plan for the Annexa- tion of Roxbury to Boston, and for the Censolida- tion of Towns and Cities—The Irish Vote—Our Municipal Election—Mr. <Atherton’s Death— Gen. Peaslee—The First Governor of Missachu- Wasainaren, Nov. 25, 1853. The Georgia Resolutions and Congress— Alabama —John Van Buren Back Again—President’s | Message— Pacific Railroad—Vice President King | —Judge Young for Clerk—Prospects Concerning | the Surplus Reeenue—The Slavery Question to be Revived—A Case for it. | The Georgia anti-free soil resolutions and the | postponement of the election of Senator, give some | anxiety to Guthrie & Co., including the Union. It | séll#, c., Se sy give an impetus to the New York movement | The elections of last Tuesday and Wednesday, held that will tend with potent effect in Congress, and for the purpose of filling vacancies in the House of especially in the Senate. | Representatives, resulted somewhat farorably to the ‘The latest intelligeace from Alabama, regarding | Whigs, who now claim upwards of sixty-six majority She Senatorial election there of two Senators, is | in that body. There are some hankers elected, who leo favorable to the nationals. 4p p---w wv wv) Will probable act with tha whige sities Ys RANE TIT, Jooking after the immediate interests of Redfield. | *¥4 the last trials to fl them will be made on the 28th. Were it possible for the vacant towns to elect, | and to make choice of men that should politically represent their opinions, the coalition would have the House, and so be victorious, but this is not con- sicered possible by any one. Men say what might lent’s message, it is understood, will ‘hake short work of the Pacific Railroad scheme of Chatfeld & Company, as far as a loan is con- cerned. be done; but none venture to say that it will be done And a ape har after os aniareton at Con- | Even if the most vigorous attempts should be made an adjournment ofa day or two in 0 =) he te of the de Vice Preat | to carry the House, the free soilers, remembering dent King; and, in that interval, we presame, the | how they wers cheated at the Senatorial elections in Br'stol and Berkshire could not in all cases be relied will shape owt the standing committees of | ; | upon, and nothing but the most perfect union and The dior movement in behalf of Judge | F f Young, of Mlinola, for Houee clerk, we inderstnnt | the preatest efforts could effect anything. This is not will be pushed forward in good faith and in good | the time for union and efforts for any purpose. @arnest. In every view, he is an available man. The exact state of parties in the Senate is not Members are elowly dropping in. The railroad | \n-wn, The whigs have 11 members; but whether count ill justify 1 jority is Petey Goal wi es ae tee feo |" the coalitionistshave 9,10 or 11 cannot be known i py! ‘the ne of the House. In the ate until after the votes shall have been officially counted. abinet and the newsmongers must wait for i i ‘ fhe moving of the waters. 8} Dr. Holland, of Hampden, owes his elestion to disaf- fection in the whig ranks there. At the time the whig county convention was held, I wrote you that there had been tronble in it, some of the members with drawing after Mr. Southworth had been nominated, fhis trouble grew out of a dispute concerning the lo. cation of a railroad. It is probable that if the Hamp- den bolting whigs had known that their party was about to be victorious, they would not have been so | teady to abandon one of tueir regular caudidates. | It may be remarked that Hampden ts the only county that gave a good majority for the proposed new con- stitution. In Eseex county the Lord, or administration, hunkers cast more than twice as many votes as th Barstow hunkers, I find that most coalitioni=ts are inclined to attach A nine month’s session is counted upon, and a series of sqabbles over the surplus revenue, such as | ‘we have never had before. ‘The sla question will come up among the first basiness of the House upon the question of receiving a delegate from Nebraska, a territory not yet organ- ined; but from which two contesting delegates have | elected. | SESE | Our Georgia Correspendence. | MILLEDGEVILLE, Nov. 19, 1553. Politics in Georgia—Meeting of the Legislatvre— | Nomination for the United States Senate—Eiec- | tion Postponed— National Democracy, §c. | ‘The General Assembly met here on the first Mon- | D = otis Coston ae ae @ay in the month. Nothing of interest to your | more importance to the Cushing ukase, its elf ‘ = on the result here, than I had supposed possible. veaders transpired. Their business was local. | They eay the great effect it had wes in fospiritia, ‘The politica of the State by no means seem to be | the whigs, by conveying the impression that the ad gettled, or to have any degree of staility. The ms- | ministration was on their side, particularly as respect: jority side of both houses are titled democratic, and | Sacit that Ouaning ries fe atte Ra ee ‘the minority side takes the name of conservatives, or | tution. ‘The whigs believed that the coalition would Whigs, The majority are composed of Union and | feel the blow worse than it did, and therefore they fire eating democrats and whigs, the minority of old | bin up tre battle, e its later aaee, with a , great dea energy. is ceriaia tha ey ap- Mme, and Union, and fire eating whigs, There is ® | Deared to be an entirely different party during the wariety of political interests, and there is no telling | Jart ten days of the ce from what they had how they will divide and unite; division is ine- Li Lah Ast preced te Reger oe ukase. There i: scarcely a man in Boston who does no: Viable amongst the majority, unless in the House of believe that the efect of the Attorney-General’s Representatives they can be guided and kept to: | interference, by inspiriting the whigs and dishearten- er by the aid and energy of some skilful tacti | ing the democrats, converted what would have boo been a small majority for th ew tite. ‘ " I , £ he new constita- pooch ba ete they are hie var ng ot i cng tation into a respectable one against it. The story mean! m upon one who a 7 @5\ | is that Cushing is coming on here in a short time. ‘I ‘By and capacity. He is’of the young America schoo!, | «lo not know that any party intends to offer him a 8 national, a natural and a Union democrat ; he has | public dinner, unless the Whigs may have come to Deen a member many years, and is yet quite oa gonctastan, Det Late are bap iy old frieads . mA 3 ‘ | Who would gladly give him a salt eel for his supper, young, but old in political experience, He is | farnished with all the indeicacics of the sess from Muscogee, and has never been beaten. The last It is said that the famous “sixth proposition” of election he was elected against the united efforts o! ago Soul ass 68 wookelaned sr a “Ge use . ol é shoo! fund for sectanan educational yurpo whigs and firecating democrats. The dire-eaters | cou which had 60 much to do with arraying the @slike him very much, because it is said it was his | Catholic Irish against the proposed change, has been tothe Stell and Gartrell fire eating re- solutions in 1849 that caused Georgia to stand by the Onion and the compromise measures. It was he who ny the first christening to them of fire-eaters. If adopted. It would be a capital joke were it so to turn out. The whigs would not be displeased with | can unite the majority and keep them so, the ac- tion of the Legislature will be wxongly national i2 such a resule, for it wonld get thom out of what threatens to be a grave dificulty. Taey are under- stood to be pledged to the Catholics fa retorn for the great stance they hare jnat received from therm, and it would not be good policy to offend aracter, and it will necessarily give much | them, for they can not rely upon always having as- ith to the national democracy, otherwise the | sistance from ademocratic member of the cabinet. of the State will be very much divided, and | Now, if the people haye chosen to incorporate into at the next elections it will probably go for the | the constitution a provision that the Catholies shall not have any of the school faad, what can the said Catholics do sbont it? Desert the whigs they can and may, but as the coalition is dead, and there is not the slightest prospect of any other party being formed here competent to contend with them, there would be nothing Var | by such a course—there ; them. ivided and confused. ‘The minority in both houses united as one man; are for a masterly inactivity; they eucaurage division, and take every advantage of it. F Before the m of the General Assembly, | fore it will nos he adopted. © Thi myeraace people it was doubful as to whether the majo} may, under certain circumstances, form party; rity would be democratic or conservative, | but the Irish would never join tat. of the members ‘elites whige—for there were man, vig Southern rights The annexation of Roxbury to Boston i# a subject old line whigs—then Union an that is now attracting considerable attention. It xeems men, and supported Mr. Pierce for President, but | to moet with more favor than formeriy, for this ie not have since become very much dissatisfied and dis- | tle first timeit bas posed and diseussed. It d with his course, and the character and con a consolidation had in of his Cabinet and their appointments. They ain of our people, the effect of which, had not finally determined which side they would | supposing it to prove successful, would be to Bteatly take until took their seata with the democratic | iucrease the power and the importance of the city of party, 1g that it would be national in its | Boston. This plan is, to annex to Boston the cities @baracter and course of conduct, and that they | of Charlestown, Cambridge and Roxbury, and the would unite for that purpose; this, no doubt, will be | towns of Brookline, Chelsea, Dorchester and Somer. the oase if their harmony ia not destroyed by some | ville, making of them one vast muvicipalty, which, ‘umforeseen accident, and there are st) reasons to | supposing it to be formed three ‘rom this time, believe that Mr. Pierce and his Cabinet and their | would contain about 275,000 inhabitants, or double @vaduet will have meted out to- them ccasures which | the lation of Po-ton in 18650. The places named moat alarm 3, it had its influence in the G3 | conteined some 212,000 people, at the time of the re. his jority waa 510; and Tam | taking ofthe last census, and they are e+timated at to believe that if Mr. Jenkins had been elected | 250, at this time. They are all wealthy and Governor he would have had the majority in the Le- | rapidly growing places, Their total property valus aces of distinction and profit bestowed on them by | in-law, Mr, Jackson,of Savannah, and some others. | | clpate in the benefits of its extra compens: tion in 1850 was slightly over $250,000,000. Sn stantislly, they form ene community in social and poli- tical matters ai this moment ,and have done sofor years. All the places named in connection with Boston are suburbs of the present city, places where thousands of people whore livelihood is obtained from Bost’ - men of busines and their families, lawyers, cl ake, &e., reside. As Boston wills, so they go in * plitics: as Boston thinks,so they think, in ‘matter a > ion and society; as Boston “acts in bY pro. eo do hey act. At the recent Btate ection the: all’ gave heavy majorities againr* 0° iro Bos constitution, and all but two gay, L yearned ties for the whig candidat, for Governor. The two exceptions to the lat pr'vote are Charlestown and Chel-ea, both of wr’ en gave majorities against | \ the coalition canide' es for most offices. There are g*eat, pecuniary and political considera- tions to rer ommend ti this scheme to men of property and whi. leaders. As respects the political conside- ratiov’,, the chief one is, that by combining so many | CODmunitics where the whig “native” vote is large, te Irish vote ot Boston would be completely over: laughed at a)l municipal elections. There are, it is true, many Irish voters in some of the places named, | | but they bear no propossct to the same class of voters in Boston, and which class is there rapidly in- creasing. The whigs must do something towards | lessening the power of the Irish, and in no other way can it be so well done as by attaching to Boston places like Cambridge and Brookline, where the aris- tocratical eeptiment and that of ‘‘nativism” are un- commonly pkey and hej are not much behind in the same way most of the other towns named. The prevalent political sentiment at Charlestown is democratic, but the voters there are rather eccentric. Most of them would not object to “having a shy” at the Trish. To ascertain how was the Irish vote against the proposed new constitution, I have made a com- ees between the number of votes given for Jud, Vashburn, whig candidate for Governor, and the number of “noes” on the adoption question, in fif- teen towns, where reside almost one third of our pulation. Five of these places are large cities, five more are mediumsized towns, and the re- msining five are small towns. The whig gubernato- vial vote was 16,545; the vote agatast the new con- stitution, 20,076; difference, 3,521. Allow 500 of this difference, the Irish vote is 3,021, full four-fifths of which would have been cast the other way but for priestly interference and dictation. When one con- siders the various evil influences that the reformers bad to encounter—the poverty of their party, the wealth of their opponents, the Cushing mandate, the fierce hostility of the anti-Maine law and hunker democrats, the popular impatience of and aversion to discussion, local jealousies, and clerical inter- ference; when, I say, we call to mind all these things, it can but be matter of astonishment thas the rejected constitution should have received some 63,000 votes. It ought to be recollected, too, that b; the whigs rejection was made a party estion, ans that there is no reason for supposing that five hun- dred whigs voted affirmatively. On the other hand, six or seven thousand democrats voted in the nega- tive. Some free soilers did the same thing, but, generally speaking, members of that party who did not vote for the eonstitution did not vote at all, which operated badly on the vote for Gen. Wilson. The whigs ought to be very grateful to those of their op- ponents who thus condescended to walk after the! car of triumph. Some amusing incidents are told of the way in | which the victors have borne themselves. In one town they collecte1 together all the copies of the re- jected constitution that they could find, and used them as wadding in firing a salute, cramming their gun to the muzzle with the unhappy instrament. In another place the copies were collected, massed, and converted into a bonfire for the one party, and a bale fire for the other. laa third, the whigs took a Kos- suth hat that belonged to a reform leader, and, ‘ramming it home,’’ fired it into apace—a type, 1 fear, of the hopes of Bongey, It ought to be stated that the owner's leave first been had and ob- tained, as he bad declared that he should ask the whigs to “take his hat’’ in the event of his party’s defeat. The whigs are more insolent under their victory than I ever before knew even them tobe. | Our municipal election takes place in about three | weeks. It promises to be exciting asthe recent State ES SS TK.E CITY RAILROADS. THE BROADWAY RAILROAD, Deslsten st. J Fee! ry ine, Broadway aliwa, ase—! janction inet the #ro~ Jared Perpetual As ject De 8U OK COURT—SPECIAL ‘TERM. Nov. 26.—The Attorney General, Thomas E. Davis, and others,vs. ‘the Mayor, §c., of New York, Jacob Sharpe, and others.—This ease has been fully heard upon the pleadings aud proofs; and as the complaint been amended by the intro- duction of the Attorney General as a prosecuting paity, I am enabled and ehall now proceed to deliver | my Opinion upon the several questions of fact and at are ni nstroe the to be determined. I do not ion 267 of the Code as making it the duty of a fe who has tried a cause without a jury, to set forth in his decision, as in a special ver- dict, all the facts of the case, including those not ccntroverted by the pleadings, and those which, al- | though controverted, he may deem immaterial. So far as questions of fact are concerned, the Judge, in Ne ree fulfils his duty by determining the issues, which, in his judgment, are material. The only issues raised by th postion ‘sin this case, which I deem , are the Sclloming :—First, whether the railroad in Broadway which Jacob led and his ase ciates, defendants in this suit, that they here a lawful authority to constract, and avow their intention to construct, if constracted and regu- lated in the manner proposed, will be a public nui- sance? and second, whether the grant made by the Common Council to Jacob Sharpe and his tes, of the privilege of laying down and comemnonae the railroad in question, was made in bad faith and from corrupt motives, and must therefore be condemned as a fraudulent breach of trust? The affirmative of each of these issues is maintained by the plaintiffs, and from the nature of the facts relied op, was necessary to be established by the clearest evidense. The evidence that has been given, I am bound to say, has failed to produce io my own mind that deliberats convic- tion that in a case like the present could alone justify me in decreting a perpetual injunction. Whether the contemplated railroad will or will no’ be a pablic nuisance, is a problem whica I am persuaded that experience alone can solve ; and, assuredly, no facts have been proved that could warrant me in saying that those members of the Common Council who voted for the grant, which is impeached as frandu- lent, must necessarily have acted in bad faith and from corrupt motives. Two of those members have been ¢xamined saqritnemes, and have stated, under cath, the reasons y which they were influenced in voting for the grant in question. I bave no right to reject their testimony, por to affirm that those who voted with them were not governed by the same con- siderations. If they were, the grant, whatever may be my erate opinion of its expediency, was made in the honest exercise of a discretion which no court of justice can rightfully interfere with or control. The conclusion iz, that had the title of the plaintiffs to the relief which they seek, depended solely upon their maintenance of the issues of fact raized by the plescings, I must have dismissed their complaint. proceed next to the questions of law, upon the de- termination of which my judgment will be founded. ‘The rerolution of the Common Council, of the 30th December, is not an act of legislation—not a law in the proper sense of the term; it is the grant of a franchise, which, when accepted by the grantees, became a contract upon the terms and conditions set forth in the ordinance. The contract thus made, from its nature and terms, is entire—so that, if any of its provisious, especially those which enter into the consideration of the grant, are found to be illegal, it is void as a whole. The contract, thus considered, is, in my judgment, null and void upon its face, for the reasons that follow :—1. The resolu- tion of the Common Council not ciarely gran to Ja- cob Sharpe and his associates the privilege of iaying down and constructing the railroad which it describes, but in consideration of their performance of certain stipulations and requirements, gives them a per- petual license for running cars for the transportation of passengers upon the railroad so to be constracted; the contract, therefore, on the part cf the cozpora- tion, is not merely that the railroad may be built, contest, and quite as virulent. The rummies have already placed Mayor Seaver in nomination for a | third time. They bad considerable to do with the | late defeat of the coalition, and they are not disposed | to give up their position. They expect to coerce the whigs into taking up Mr. Seaver, and so make his | election sure; but the whigs are at present rathor shy of rum—it isn’t sufficiently peepee ale for them; | they like the support of the ra: ies, but theyfdon’t | theicselyes like to support rum. ‘They wish to have | a good sort of 2 man up, and wouldn't care evengif he should lean adversely to the Maine law, provided he would do soin a decent sort of a way. They may | however find themselves compalled to go in for Mr. | Seaver, who is said to have given up his business— that of an auctioncer—some time since, on the con- dition that.yuehwiltit-maeé-i¥en “pda. “ine ust time be was chosen by only one majority, and the second time by but a small majority, sy 40 or 50, which isn’t anything for a whig in Boston. But of our municipal affuirs more hereafter. It is thought that Mr. Atherton’; death will have a bad effect on New Hampshire politics, that is, for the democracy. The Senatorial question made trou- ble a year ago, which will, many think, be revived, now that the question itself has ‘been opened anew. To the President, the death of Mr. Atherton must provean irreparable loss. 1 have been much amused at the speculations that | grew out of the announcement in an evening paper of Wednesday, that Gen. Peaslee had gone to Wash- ington. At least different reasons were assigned for his journey, which, after all, had never taken | pias for on Thursday the General went to Nashna, | ‘o take part in the funeral of his departed friend, Mr. | Atberton. Ifhe has since gone to the National Ca- | pital, T have not been able to learn the fact from any | goed source. He is very popular here. Mr. Felt, of Salem, a gentleman favorably known but that, when built, if the grantees so elect, it shall be permanent. These provisions are, in my jadg- ment, directly inconsistent with the power whic! the charter gives to the Common Counct', of altering and regulating the streets of the city at iis discre- tion; since, if they are valid, it is manifest that no regulation of Broadway can hereafter be made, by which the rights and privileges of the grantees, as defined by the contract, can be divested or impaired. If they are valid, and the railroad shall be built, the Common Council ,will have no power to order its removal, or to prohibit the grantees from running cars thereon for the transportation ef passengors. Broadway, so far 2s it embraces the railroad, will be the property of the grantées,and will no pooses be held_hy. the Coracration in trnst for the city. Hence, valid, the legislative power of the Common Council in relation to the principalstree’ and most important thoroughfare of the city, has ceased to exist. The ‘rant, therefore cannot be valid, uuless the Common ouncil may by contract relinquish forever the discretionary powers which the charter gives and requires them to exerc'se. No proposition of law, however, is more evident and certain than that tie municipal corporation cannot, by contraet,or by any other act, abrogate or abridge its own legisla- tive or discretionary powers. Such was the Jan- guage of Chief Justice Marshall, in Gorglien y. the Corporation cf Georgetown, (6 Wheaton, ) and such the decision, as I understand the opinions of the Judges of the Supreme Court of this State, in the eases of the Presbyterian Church v. the Mayor, (6 Cowen, 538) and of Britton y. the same, ia whish the counsel baye furnished me with the opinion of the; court. It was not denied, upon the argumett, by the counsel for the defendants, that the necessary effect of the grant to | Jacob Sharpe and his associates, and of the contract which it implies, if construed according te its terms, in connection with our local literature, has just pub- lished two works, one on “The Customs of New Eng- land,” and a pamphlet on the question, “Who was | the first Governor of Massachusetts?” In our Senate | chamber is a portrait of John Winthrop, on which | | he is called the first Governor of Massachusetts— | whercas John Endicott is really entitled to the honor, | as Mr. Felt, a most learned antiquarian and accom- plished waiter, clearly makes out. The question is, | to be sure, more curious than important, but perhaj will not be the less remy discussed on that account. | Autiquarians are famous fellows for getting intg dis- | [ease and Sectt never made a better hit than when he set old Monkbairns and Sir Arthur Wardner by | the ears, on, I think it was the Pictish question. Now that we have got through with politics, we shall have more time to devote tu literary matters. : ALGoMa. _ P.S.—The Maine aw people claim fi’ty majorit in the House AED oe EN and say that it wil be rather increased than diminished by the elections of the 28th. Ido not know their authority, but am | induced to believe that they are pretty near to the truth, especially as the rum organs do not appear to | be very ‘:jubilant.”” | Facts and Opinions at the National Capital. | | {From the Star, Nov. 26 | ? 4 TREASURY DECISION. The civil and wag appropriation bill, ap- proved August 31, 1852, contains a clause, it will remembered, allowing extra compensation to clerks, | messengers, Xc., with a proviso that the benefit of the said clause shall not extend to any person engag: | ed in prosecuting any claim other than his own, be- | fore any of the departments of Con; A clerk | who before going into office here had been made the ugett of # State government, for the Masta of | a certain claim of her's on the general government, | applied to be admitted to participate in the benefits cf the clause above mentioned. His agency had ceased before the passage of the law of August.31, 1852, except in so far as that he presented vouchers in the case after that time. It has been ruled by the department that even that participation in the pro- secution of the claim, within the fiscal year covered | by the Jaw in qnestion, debars him of réght to parti 4 a clause | above mentioned. | THE ARMY BOARD. The Army Board for the revision of the rules and | regulations of the service, which commenced to meet daily here in the first week in October, are still bu- | sily engaged in their duties, under the immndiate | supervision of the Secretary of War: caution and careful examination appear to be marking their every st Their labora will cover the whole army | syst of the government, and will thus necessarily | Keep them together for, it may be, two montlis | longer. _ THE CASK OF DR, STEINER. Dr. Steiner, who killed Major Arnold in Texas, will be tried by a court martial, we apprehend, a: soon af the troops last ordered to the Rio Grande get into position ; before which time officers can | hardly be aesembled to form the court, CURRENT OPERATIONS OF THB TREASURY DEPART: MENT. | On the 22d of November, there were of the Trea | pet fi arrants entered onthe books of the depart- | ments :— | ¥or the redemption of wtocks...............81 | For Treasnry Department, exolusive of stocks. | Fer the Oustora, pecepee ‘ | | souroes For the rtmment... For re paying for the War Deperiseat For the Navy Department lor re paying for the Navy Lepertaent For the Interior Departmen: A Max Meavmren ww Two Srasve.a man, sometime ago aemauited in Beowlck, Maine, was re- sored ve a lise, to hie in New Hamp- shire, where he haw since died. Judge Howard, of | Maine, han charged the grand ji ry of York county that the murderer causof be indie at common or watute law, where the deadly woun wes inflicted in one Plate wad the man died iw auyther, i | of the is to limit and abridge the legislative powers of the Common Council; and the oy, reply given to the objection was that the grant, although absolute on its peepee ba tereah and the contract, although not revocable by ita terms, be rescinded, whenever the present or any future Common Council ma: deem it expedient thus to exercise its inherent ani inalienable power. The resolution of the Common | Council, it was insisted, onght now to be construed PS | as I shonld have been bound to construe it had it contained an oe provision rendering it subject to a future and unconditional repeal. The reply thus given [ am forced to reject, upon fall delibera tion, as insufficient and unsatisfactory. I am yet to learn that there is or can be any exception from the tule, that a contract whieh a corporation has no power to make, and emphatically where it violates he provisicns of its charter, is void in its origin; an Tam yet to learn that a contract, valid when made, can be rescinded by either of the parties, unicss the power of rescinding it is expressly reserved, or was given by some constitutional or statatory provision, which was in force when the contract was made. I refer on this subject, with full approbation and aszent, t» the observations of Mr. Justice Bosworth in the last_ of his advisory opinions in the proceedings erie the Aldermen and Assistant Aldermen for an a pace contempt, I agree with him that it has cer- tainly never been pretended or supposed thata legis- Jative grant, valid when made, and not falling with- in either of the exceptions I have stated, can ever be repealed; and I cannot believe that the ed teh of this city posseases an authority which the Legisla- ture of the State would never be permitted to exer- cise; 1 cannot believe that the provision in the constitntion of the United States, which for- bids tie passage of any law imparing the obligation of a contract, is binding upon the Legislature of the State, but unmeaning and in- effectual as imposing any restraint upon the action of the Common Council. ‘It is, however, unmeaning and ineffectual if the Common Council may, bya sud- sequent ordinance, revoke a gran‘ or rescind a con- tract, absalute and irrevocable on its face, and which, it is asserted, it had the power to make, and was valid when made. If, by such an ordi- nance, the obligation of a contract is not impaired, the words of the coustitation have no meaning. It follows, from these observations, that where a con- tract ia made by a corporation, which binds and restricts the legislative ers of its succesvors, it is either from the defect of power, void in its origin, or, if valid, can never be rescinded; and the conclusion which I adopt is not that the contract is valid and revocable, but wholly void. The next Common Council may repeal the grant to Jacob Sharpe and his assoc! ; buat the repeal can never operate to annul a valid and subsisting contract, and will, im reality, amount to no more than a de- claration of ite original and absolate nullit; this declaration, unless sustained by the law, have no effect on the rights of the parties. otherwite be nugatory. Second—The privileges granted to Jacob Sharpe and his associates are plainly exclusive in their nature. The manifest in- tention of the grant is, that they, and they alone, shall be licensed to run cars upon the which they undertake to constract, and that they shall alone be authorised to derive a profit from the transportation of passengers. It is not pretended that the power of granting such an exclusive privi- lege is expressly given to the corporation by ite charter, nor has it ever been supposed that ita poa- session was incident or necessary to the exercise owers that are given. On the contrary, it is settled and undoubted law that a by-law of municipal corporation creating a monopoly is illegal and void, (Darenant v. Huedis Moore, R. 591; Wileocks on Municipal Corporations. sec. 334,) and every grant of an exclusive privilege, from she exercise of which a profit isto be derived, is a mo- nopo y. This objection was endeavored to be met by giving a construction to the reao- Jution of the mon Council, to which I find it imponeible to'nasent, and which, I am satisfied, never oceurred to the minds. of the parties. The Common Council, it was said, have reserved to them- selves the power of making euch regulations in rela- tion to the railroad, when constructed, as they may deem expedient; and in the exerecive of their power may throw whatsover; to all who may choose to run cars there- on. Buch anexercise by the Common Council, ef their reeerved power, as I interpret the contract of the parties, would be a perversion of its language and a violation of its spirit. The power which the Common Council reserve is merely that of regulatin; the use of the road by the grantees themselyes—thai is, of al | regulations which the tees, in their own exclusive use of the road, would be bound to observe. Norcan I atall doubt that it was the clear underetanding of the parties that the resolu- tion would secure to the grantees exclusively the be- nificen’ use of the road, in consideration of toe labor and capital expended by them in its actual construc- tion,and upon no otherterms! am satisfied, wouldthe grant have been solicited or accepted. eir 4 ment, therefore, in my Den would not be violated more certainly by the tot exclusion of the from the occupation of the road, when 5 by the admission of others to share, against their wish, in its snticipated Bronte, The objection, therefore, that this grant of an exclusive privilege is void, as creating a monopoly, has not been an- swered, and, as it eeem to me, is unanswerable. Third—The Siiciaansh arvicle of Sie cespiuiion, or ordinence containing grant, provides, 1: ia, that the grantees shall form themselves into a joint stock association, which shall have power, by the votes of a majority in interest of the associates, to establish articles of association and by-laws; and the fourteenth, that such association ehall not be dis- solved by the death or act of any associate, but his susceseor in interest shall stand in his place. These provisions are a very plain attempt to create a joint stock tion, whic , Without being in Te- spects a corporate body, shall yet be exempt from the general rules ot Jaw by which ordinary partner- ebips are gorened Such an association the Legis- lature of State may bowsthly create, but assur- edly not the Common Council of the city, nor can I do otherwise than regard the attempt as a palpable usurpation of power. Fourth.—The twenty-third section of the amended cherter of 1849 enacts that all contracts to be made by the authori'y of the Common Council for work to be done, or supplies to be furnished, shall be made by the appropriate heads of departments, un- der suc! regulations aa shall be established by ordi- ances of the Common Council. Let it be admitted thut the obligation of emer and associates to build the intended railr in Broadway is not a contract for work to be done tor the immediate beni- fit of the corporation, and is, therefore, not within the legal scope of the section that has been recited, there are other provisions in the grant of the Com- mon Council which, as it seems to me, by no reason- able interpretation can be releived from that objec- tion. The tenth article of the resolution making the grant, imposes it as a duty upon the associates to sweep and in the whole of Broadway south of Fourteenth treet, every morning, and to remove the sveepin 8 before a certain hour on every dayexcept- ing Sunday, and this duty the associates, by the ac- ceptance of the grant, contracted to perform. Then there is @ contract for work to be done—the daily cleaning of a street for the cor tion itself—a con- tract not made by the head of the proper depart- ment. nor under ony prior regulaiions established by the Common Couneil; and why this contract, as transcending the power of the Common Covnncil, and violating the provisions of the amended charter, is not to be adjudged void, 1 have been and stillam unable to understand. If this contaact is void, as lam forced to declare, there is a necessary failure of an essential part of the consideration upon which the rant of the associates was founded, and with this failure the entire grant, as deprived of a necessary support—must fall. astly— By the 272d section of the Consolidating Act of 1813, and by a subsequent act of February 2ist, 1824, (Laws of 1824, chap 50,) the Mayor of the city is authorized, ugger the direction of the Common Council, to license for a certain annual sam the owners of hackney coaches and carriages for hire, and these provisions have .uniformly been con- strued, and in my opinion rightly construed, as limiting the power of the Common be charged for each, leaving the Mayor an absolute discretion in the choise of the parton t> whom they are to be given. A car, in which persons are to be transported for hire on a railroad, is just as certain); @ carriage for hire asa hackney coach or an omni- bus; and so the Supreme Court of this district, in the important case of Drake vs. the Hudson River Rail- voad, has actually decided. . The 12th Article of the resolution of the Common Council, making the grant to Jacob Sharpe and his associates, declares ‘ that they shall pay for ten years, from the date of opening the railway, the annual lincense fee for each car now allowed by law, and shall have a license accordingly;”’ and these pro- visions not only abridge the legisiative powers of the Common Council in fixing the annual amount of the license fee, but take from the Mayor all discretion in the choice of the persons, and make it his daty to iigense those whom the Common Sosncil has select- paramount to that of the Legislsture, so as to enable them to divest the Mayor of an authority that the Legislature has given, these provisions mast be void. In my judgment they are so—and conse- quently, the entire contract of which they are an essential part. Several other objections to the validity of the grant and contract uader considera- tion were raised and argued before me, which I for- bear to notice, not as rejecting them, but in the con- vietion that those which have been stated are an sie foundation for the judgmen: that I pronounce —that the injunction that has been granted must bs made perpetual. The giviog of costs in cases like the present rests in the discretion of the Court; and as the defendants have succeeded on the issue of fact, and have only failed upon questions of law, in respect to which great di ces of opinion have existed, no costs are given to either as against the other. I state as a further reason for this decision, that the original plaintiffs have been permitted to emend their complaint without costs, makin, the Attorrey General a party, and that, but for th amendment, their complaint would have been dis- missed. HARLEM RAILROAD CASE. Remonstrances of Property Holders-- Speeches of Rev. Dr. Spring, Ex- Alderman Kelly, Gen. Sandford, A ‘I’. Stewart, and others. An adjourned meeting of the committee in this cage assembled yesterday afternoon in the chamber ofthe Board of Assistant Aldermen. There were present quite a large number of the property holders on the streets through which the disputed road is contemplated to pass. Among. those present were Rey. Dr. Spring, A. T. Stewart, William Chauncey, ex: Alderman James Kelly, Major General Sandford, Leonard Kipp and others. As soon as the meeting was called to order, a pro- test was read from the trustees of St. Patrick’s Ca- thedral and Orphan Asylum. Next was presented, by Hrxry P. West, Esq., a ge cee the Fourteenth ward school, which was ‘The committee then asked if anything further was to be offered. Lsonanp Krep, £sq., then said—There was a gen- tleman present who had made an investigation into the petition emanating from the inhabitants of the Bowery; and he would like to ask him a few ques- tions, it was permitted by the committee. The particulars of this investigation were in writing, but the gentleman was absent who had the papers. The committee granted Mr. Kipp the favor asked. Mr. Kipp then questioned Mr. Newton asfollows:— Q aie called upon the signers of this petition? A--I Gid. (.—How many of them were property holders’? A—One. Mr. Kirr said that Mr. Burroughs was in Vinge sion of the papers giving full particulars of this in- vestigation, and he regretted he was not here. He thought he would be present in a short time. Mr. Isaac Yousc then protested in the name of the Dutch Reformed Church, corner of l’ourth street ard Lafayette place. Mr. Natnay, of the Crosby street Hebrew Syna- gogzve, then spoke. Gentlemen of the Committee— As the business of this Committee is drawing to a close, 1 am requested to rise to thank the Committee for the kindness with which they have rezeived our remonstrances to this project, and to assure them, that whatever may be their report, we are satisfied it is their intention to do what is right. In deciding this case, 1 must say you should look to the petition- era in this care, and then consider thoze from whom these remonstrances emanated. We have feen here crowds of our citizens hold! up their bands against this groiect, and has appeared no one in _ vi td of it but these interested in the rail project. Ask yourselves what is to become of the poor man if thege annoyances go on. I have no more to say. Mr. Burroughs then entered the room. He was arked if he had any information to give upon the matter. Mr. Berrovans then read a statement, to the effect that of those who had signed the petition in favor of this project, reveral of them moved from the Hachnes they being oly temporary residents there; several are in Europe, and several deny ever having signed their names to the petition beforethom. The owners of many estates on the Bowery, whose ten- ants have signed this petition, are themselves op- pored to thie project. (The gentleman then read some printed remonstrances against other roads, ap- plying the ame arguments in opposition to the road under consideration.) Thus, we sce, gentlemen, there is but one petition before you, and is the one in oppesition to this project. ‘We have shown that the pretended petition is signed by those who have no épeeial interest in None have e: themeetves in favor t except the rail- road ccmpany, who have appeared here through their counge) and officers. He hoped the committee would, pon retiring from public office, consider this uncil to fixing | the number of lizenses to be granted, and the sum to the use of the road to all persons | carefully, and, by a just decision, leave at least one bright spot upon their official record. Two other gentlemen here gave in their remon- “The Rey. Dr. 8 with some diidence ¢ Rev. Dr. SrRina.—I rise in consequence of having obtruded etre short time at the previous meeting. I would like to’ ask the learned counsel for the company if this petition emanated from the company, or residents in the Bowery? Will the man an- Ge on 8, I have done £0 before, ieneral SaxproRD—I have £0 4 sid it came from the residents of that atreet. "2 Dr. Spring—For myself I consider this a great question. Were it not so, I am sure I not at the close of the week, when my official duties require me el-ewhere, present myself com- mittee. I hope this committee will look upon this ag no ordinary question. This is a fitting occasion to look at the importance of railroad enterprises. Tae Jearned counsel for the company, in my ows mind, gulp presented three arguments in favor of this pro- ject. One was, that this was a benevolent enter- eas it was not gotten up for private interest, but for the pubiis good. I dount whether gentle- men, the owners of this road, ever were so slandered before. This, I test. between moneyed of New York. Another argu- ment was, that the citizens did not understand their own interests—that when these roads were once estab- lished, we should at once acknowledge their benefits. Is it possible that all who have come here are deluded ? That the busizess men who have eome here are de- luded ?- that the representatives of sehools are delud- ed? I trust we cannot believe this. The third argu- ment, and its strange ix with the fore- going somewhat amused me, was, ivate inter- est should give way to public pew aarp the t question, is this for the public good? ‘This railroad 8) eee ra a property ale ne man knows to- lay Wi property may worth six! hence. My own Gpinfon is, that it is for the iatenet of the inhabitants of every city to keep its railroad depots at least one mile anda half from the city. (Applauee.) I hope, gentlemen, you will pardon me for my obtrusion. Gen. Sanvrorp--I am glad that the learned gen- tleman has thought proper to leave his usual avoca- tions, to enlighten us on railroads, to which inject, 1 suppose he has given much time and consid 5 The gentleman concemns rail and canals. He thinks that produce would find its way to our city without them. Why sir, our city is made up by railroads and canals. I didnot say that railroads were benevolent institutions,as he terms them, but that those who entered into them were public spirited indi- viduals, who expe:ted that the effect of the ente would ultimately benefit our citizens. This is the re- ply Ihave to make to the sneering remarks of the gentleman against railroad institat id say the other evening that people were much mistaken as to the evils of railroads. Go wherever railroads ex- ist, and you will be told this by all the inhabitants ee the feeapeatatet miNeS ae rane ae exist. ‘0, I say, the evils are imag’ a epee. They are not half so daa gerous is oxtatie yea, ere isno more inconvenience in passing a car than ia passing an omnibus, and I ik not so much; for one pursues a steady course, and the other pursues a deviating course. And furthermore, the public streets belong not to private individuals, but the citizens at large bave an interest in them, and should as much be heard as the property holders around us. Why, Mr. Stewart thinks this is invading the rights. of private citizens. He did not think this when he applied for a railroad track for his own private in- terest—when he asked for a track from Centre street to Broadway, to draw the marble for his palace. I know that railroad cars are not so objectionable as a line of omnibuses, This same excitement existed when it was proposed to lay a track threugh Varick street; but it has all now subsided, and the street is @ more quiet place than it was before. Bo it will be: with railroads everywhere. As for the petition which has called forth so much animadversion, I am not re- sponsible for it, but L am told it is a bona fide paper, pot up in good faith. I know some of the names to be real, for I have read them on sign brards in the Benny This is all I have to say. Ex Alderman Jamis Ketty.—It was @ just re- mark that all the citizens of New York had am equal right in the streets of this city. I have listened with much regard to the arguments brought before this. meeting, and [ thank this committee for this: e 1 have no doubt they feel as I used to feel when was in their position, that in such meetings as I, our masters were by, and it was our duty to listen to the voice of the people. (Applause.) I am in favor, and always have been in favor of giving the rages latitude to railroad enterprise, but still I am in favor of running them through our broad streets and ave- nues, and opposed to running through our narrow streets. (Applause.) I send By children to school in Marion street, and [ admit I should be somewhat op- posed to doing so were a railroad established there. Mr. Dewry spoke next—Reiterat ng with much force the arguments already used in fayor of the aid Mr. Stewart, he believed, was the f4ti-estion. And Mr. Stewurt forgot, , When he was a zealous adyocate for those very roads, and offered $100,000 for tre privi- lege of laying a track in Broadway—not for the benefit of the poor, nor for the public good, but for selt interest, for the purpose of makiag money. Mr. Dewey asked Mr. Stewart if he owned property on Croshy street. Mr. Stewant— Yes, sir. I own over two hundred feet of pronesey on Crosby street, and I guess that is more than you own (Laughter) Now, sir, he professes to be the friend of the poor man, and speaks of my endeavor to build a Tosd in Broadway. ‘bat are the facts? He pnt up a road and charges the poor man five cents for his fare, and 1 proposed to charge him three cents. Which is the more fa- vorable to the poor man? (Applsuse.) I ask him what right he had to upbraid. me in this matter? he “ eo Ke ve Geantps our city? wie ihe can e show for the public goo Applause. ve nothing further te adie Cra) Mr. Dewry—Mr. Stewart asks what I have done for the benefit of the city, and what he has done. He would not have asked this question if he was a very modest mah. If I havebeen instrumentalin viding conveniences of travel for many thousands of our citizens, I have done as much as Re, in erecting c Fried palace to pamper the luxuries of the rich. aughter. ‘These personal allusions were objected to. Mr. Drwxy raid they were called forth by Mr. Stewart’s questions. Mr. BLoopcoop read the decision of Judge Duer, Bee yesterday io the case of the, Broadway read. After some more speeches of the mature of those we have published, the meeting adjourned sine die. Tur New Organs Tracepy.—Romantic indeed are some of the relations of the unfortunate suicide and attempt at murder affair which took place on Bourbon et last ope a may not all be fictitious or mere fancy sketches of some of o’er po- “etic local cotemporaries, yet we think the occarrence itself was suffiicently terrible, whithout the necessity, of resorting to the paint brash. We have been accu- sed_ of being ant in imagination or lively easy, for having given so homely an account of the affair. Had we drawn u} our fancy, our sketch would have ran somewhat in this maner: A young man named Bedford, of a handsome ex- terior, splendid fortune, and high intellectual attain- ments, who had long adored in secret, but never dared to tell his love,a Sear ynung acttress of the French Opera—Maddam Helena eon tape dgentny entered the parlor where she was rec! ot upon 8 rettee, and deliberately drew a revolver and shot her through the head, and then turning the weapen upon himself, destroyed his own life. His love for beautiful woman, and his knot of the fact that she was not at liberty to reci , had turned his brain, and he conceived the idea of wedding the wo- man of his heart to himself in the indissolable bonds of death, and we shudder to think how nearly the awful nuptials were consumated. The bridegroom, alas! has answered in the affirmative ; but the bride, true to her woman's nature, still lin; in the res- ponse ! but in all probability she will ina few days folicw her destroyer to that gloomy bridal chanber the dismal grave!” The most s‘range circum- stance in this affair, is that gag Bee be ascer- tained in regard to the nativity of ford. While some a-sert that he is by birth a Frenchman, and that bis name is Belfont—others, and very miny,too, say that he is a Yankee schoolmaster, an] that the roper spelling of his name is Bedford. We incline 10 the latter opinion, the suicide to the contray not- withstanding. Some oue picked up a strip of eae on the floor, oe bn tragedy, L., yale wat written: “Br my ado' ‘ ‘Bury me by the side of my 3 Broo i We made enquiries yesterday at tl nse where the wounded jady now fie, in regard 80 her prospects for recovery, and were informed that there was little hope that she would survive—New Orleans Delta Nov. 17. Fara ACCIDENT ON THE VERMONT AND Massa- cnusriTs RatLroap.--As the evening train from Boston which was an honr or two late,was approach- ing Greenfield, on the 22d inst., while between the bridges accroes the Deerfield and Connecticut rivers, the engine was thrown from the track by rasaing. ed Ace aged of bees Aube, Ue fag ontague, who appear ve the track. Wright was instantly killed, ts head be: ing severed from his body, and Field now lies in ¢ critical condition and is not expected to recover. legs were horribly mangled, and have been ampu- tated. No other pers »n was injured. Death or an Jnrant yrom Ta Usr or Panr- Gonic—On Wednesday last, an infant child of Thomas J. Hamilton. a driver of one of the South Bostan ompibuses, aged bat eleven days, was quite fretty, and the domestic, so still it, gave what the mtn lo, ana sy ero nt mn fel an at. A doctor was , but could not arouse the child, and it died. * girl gave babe a larger quantity of paregoric than intended, and that weak system could not endure it~ Boston Traveller, Nov. 25, [A