The New York Herald Newspaper, December 5, 1853, Page 2

ae THE PLAGU HIPS. emigrant vessels, we do uot allude to any one in par. aoe ticular. The Constellation complied with the re Werrthie Morts lity ot « >») Board Bmt quirements of the law, and the hamanity of her osp- rant V | tain and officers is spoken of in the highest terms of The alarming accounts have pudlished | praise by the passengers. But we say that the regu- receutly of the mortality on) 4 arriviog at this port, have serious apprehensions ia i As yet no official repur | officers at Quarantine Emigration, and so far »- > ascertain, they do not iu « any information whatever » however, not to be woncrie that the Board of Emigrat: sponsible to any authority, «0 tions are seldom or neve: every other department of accordance with our usual > st have, however, institutea « v« mse bo tae most ve padlic health. a made by the mmissioners ot been enabled to vving the public sabject. This is, vaeu we cousider 10st utterly irre- ot their trausac- ed like those of soverament. In 1). such cases, we ications, with the view of presenting & pla eut of the facts before our readers. Frow to towing table, it will be seen that during ti. ta of November, twenty-eight of the whoie wun) f emigrant vessels which arrived at this por:, ts) /cclera on board, and of these several lost one-uiu'l) | ‘aelr passengers by this tearful epidemic. MORTALITY ON BOABD EMG MONTE OF No vin SH1P8 DURING THE he Powbatea.... ..Rotterds: Marathon Liverpool. Total. Lut 13,762 Of 13,762, no less thas 1,141 died of cholera, and between four and five tuvussod were afflict. ed with it during the passage. It appears that the disease breaks out two or tore» dsy- after the vessel leaves port, and in the msjority of cages ceases when she comes on souucisgs. Chis was the case with the Constellation, which tost 100 oat of 922 pas- sengers. We visited this ve-sel, and had an oppor- tanity of seeing and lesruiuy for ourselves the con- dition aad treatment of .ve pss-eugers on board of her. The Constellation *as exactly thirty-three days at sea, and was but two days out when the cholera made its appesrauce iu its most virulent form among her passengers, the majority ot whom were Irish. She had six fir-t cabin and eighty second cabin passengers, 4 d it is a fact worthy of particular consideration, that there were only four deaths among these, while amoug her steerage pas- sengers the number of desis amounted to ninety: six. There were as mauy ss eighty persons sick at one time, and ten died in wwe duy. Some of these died avout ten hours after they first anvounced their sickness to the suip’s doctor, but it is probable from the acc unts from the passengers themselves, that they did not in- form him until two or three aays after the first symp- toms made their appearance. These were dyspep sia and diarrhoa, which continued one or two days, | before the patient was seized with cramps aad vo- miting, the last and fatul stages of this ¢izease. There cau be no doubt that it was rerdered more vrulent by the impoverisiea and miserable condi- tiou in which a large number of the emigrauts weut on board, many of whom were miserably detficieat | n the provisions requisite for a ses voyage, aad were | | consequently dependent, to a great extent, on tae weekly rations which they received on the ship This is readered still more probable by the fart that | the excessive mortality was contined to the steerage passengers, while those who are lodged ic the first | and second cabins, generaily escape the dreadful | geourge. This is a proof thas it is either superin ted by their previous impoverished condtion, or tat its virulence is greatly increased thereby. | We are of the opinion, too, that the crowded state of our emigraat vessels,even as permitted by law, is | Mott injurious to the health of the passengers, and | has a strong tendency to engender disease among them. The space allowed to each passenger is four- | teen feet—seven feet long by two feet wide—but the Constellation had eleven less than the law permits, according to this measurement. It must be remem- bered, however, that the passengers are nearly ail confined between decks during the privcipal part of the voyage by sickness, a>~ are compelled to breathe the Icatheome and f6"4 gtwnosphere of the steerage, As many of OO” jeaders have little or no idea what the sieeve”. of a ship is like, is is meceseary to de. S003. it before proceeding further. It is, in fact, “potuiog more or lees than a large apartment between decks, from fifty to one hundred feet in length, by about thirty in width, and eight or nine in height. The size, of course, varies with the general dimen- sions of the ship. The walls of this apartment | are lined with two rows of bunks, or berths, | of | placed one above the obser, and each these is capable of accommodating from two to three persons. The berths are a kiad of temporary bedsteads, and sre c nsequently made | in the rongbest style, and of plain pine boards,— Bach passenger has to fiad his own bedding, and this, as may be supposed, is generally very scanty 1nd of the poorest description. Tais apartment is the analy sleeping place of several hundred persons, of doth cexes and of all ages, for one, and sometimes Jor twe months, and it not unfrequently happens tha’ shree-fourths of its occupants are confined to their beds for two or three weeks. Many of them are una- ble during that time, from sea sickness, to go upon deck, and when they arrive, are in such an enfeeblet state that the doctor is compelled to serd them to the hospital on their arrival. In this apartment there aie no windows, and the only means by which it is veotelated and lighted, consista of a hatch or opening in the deck abont four feet by six. When, therefore, the cholera breaks ont, it is no wonder that it should be attended with such fats! effects Tie law must be modified, and more space allo'ted to each passenger. Befure ita passage, it was pro posed to allow thirty feet on the first deck aad twenty on the second, but this proposition was re jected, aud the space was limited to foarteen feet. The scenes which occur on board of these plague ships are of the most melancholy character. Three or four children are sometimes left without a parent, and occasionally a whole tamily ia swept off by the epidemic. In that crowded steerage, ten persons have died, and eighty are prostrated with the cholera; and of these, several are in the comvalsive struggles of death. If you could stand over the entrance to this loathsome abode, the vapor that arises from it would affect you with the most sickening nausea. Yet six, seven, eight hundred are daily breathing its infected atmosphere, for they have not the streng‘h, if they had the desire, to make their way up into the fresh air of heaven. They become hopeless ard re- gardieés of everything, and lie in a state of des pordency till death puts a period to their saffer- ‘ng. Here is a young woman, whose chili yas sheady been committed to the deep, in She \est sgonies of the plague. She has no ‘riends or relatives on board, and was on her way to juin ber husband, who is in Michigan, avx!isly valting her arrival. We saw his affectioun » intter to ber, enclosing the money with which to piy ‘er expenses, and fulbof the most hopeful antiviyu iis «1 seeing her again after long years ot separation Yet be is bat ono out of bundreds who *ill look iu » sia for the arrival of their friends and relatives Did pend VA Cute oe tg? wk redid “migrant vessels | | we have heard | lations on board of many are most defective, and no attention whatever is paid to the cleanliness of the stegrage. The Constellation appears to be as well ventilated as @ passenger ship cao be, aud has | never had so much sickness and deati on | board of her before during the three or four | years she has been running between this port and | Liverpool. Should the cholera continue with the | same virulence hereafter on board thee vessels, it is believed that they will be compelled to stop bringing emigrants. The sailors are, it appears, besoming alarmed, and some have refused to engage on pas- senger ships in consequence of the dreadful mor- tality. As soon as the emigrant vessel arrives st Quaran- tine she is boarded by the physician, who examines all the passengers, and sends the sick to the hospital. The healthy emigrants are then placed on board of a steamboat and landed at the Quarantine station, where they are detained for forty eight hours before they are permitted to land in the city. This isa very neces:ary precaution, as it sometimes happens that the cholera makes its appearance after their re- moval from the vessel. Their baggage is also well ventilated before it is returned to them. The duties of the pbysicians are, as may be supposed, of @ very arduous nature. About five hundred passengers are landed at one time, and these must be provided with accommodations for two deys, during which time they are also boarded. Their sleeping apartments are certainly not of the best description, but they are far superior to what they were accustomed to on shipboard. and their food is excellent, apd well cooked. It consists of bread, meat, tea, soup, and coffee, all of which ia distributed among them with no niggardly hand. After a detention of two days on Staten Island, dur- ing which time their luggage and clothing is tho roughly purified, they are transported by « steam: hoat and barges to this city. after their arrival, thove who are without means are taken care of by the Commissiovers of Emigration, who are bound to support them till they ean procure employment. Very few éeaths occur among them after they have landed from the ship, and we have not seen @ case of cholera reported by the City Inspector for several weeks. How 1t originates on sbipdoard has not been satisfactorily determined by physicians, but it is be- lieved bysome that it is broughton board by emigrants themselves, Others, however, are of a different opinion, and hold the belief that the cholera ex- tends over certain latitudes, and that when the ship enters these, it breaks out among her passengers. While we state these as the opinion of others, we would direct the attention of our readers to the fact that several vessels have arrived recently from Liy- erpcol and other parts, in a very healthy condition. Among these the Universe is particularly deserving of notice. Not a single death ozcurred, although she | bad 631 passengers, and was twenty-eight days at sea. Duiiog that time the vessel was kept admirably regulated, the steerage was cleaned every day, and the passengers were forced to take exercise on | | deck. If the same course were pursued on every | emigrant ship, we would have less to complain of, | and there would be a great decrease in the mortality among emigrants. Obituary. HON. SAMUEL () CRAFTS OF VERMONT. We noticed the death, a few days sinos, of fon. Samvet | C. Craris, at bis residerce ia Craftsbary, Orleans cousty, Vermont. This gen:leman, who was avout seventy years | of age at the timeef his death, occupied for = long pe- riod a dis irguishrd rank ia the annels of Vermoxt. He | was born is Massachucetts, in the vicinity of Boston, and | with the other members of the family of his father, who | was a revolutionary offi-er, renoved in early lifa to Ver- | mont. We may remark that many of the wttlers in Var- mont, after the revolutionary war, were of the oldest and most vespectable families of Massachasetts and Con xesd- cut, acircums aace that hag doubtless had vary con- siderable :piluence on the character of the Greea dun- tain State. The father of Mr. Crafts was a gentleman of consi ter- fortuce, particularly in the possession of real 8, and devoted bis attention to agricultural pursuits, Hs sent his ron to Harvard College, where he graiuated with due honors, but did not engazs ia either of tie learaed profersiens, preferring the live of a farmer, and the im- provement of his lanced estates, His {ello citiens soon cailed him into public life, end repeated]y elected hia a member of the lowsr branch of the State Legisla ‘ure and of the Council. In 1816 he was | ehoren a mem er of Congress, and took his seat in the Heuse in 3817, in which sody he was continued a msm ber, by successive re-elections, for eight years, In 1923 | he was choren (jovernor of the State, and was twice re- eltc.ed to that oflice. In 1842 he succeeded Hon Samuel Prentiss 93 U. 8. Senator, but only served one session in Jeffersonian schyol, but in 1825 he acted with ths other members of the Heuse o! esem:atives im Congress ; from Vermont, and ip accordance with the wishes of his | constituents, in voting for Joha Quincy Adams as Presi dent. ie afterwards acted uniformly with tae whig party. He was aman of good judgment and creat prac | tical knowkdge, wiih » taste for literature. His mangers and ceportment were mild and courteous, and bis excel leat character and executive aud Icgislative talents caart| bim always to po sess much influence, ani to be +ateemed both in Congress ead im his own tate in private | azii public stations, | that body. Siage 1845 he haa lived in retirement from | ofice. | Mr. Crafts was originally a democratic republican of the | i Pennsylvania Politics, NKW ORGANIZATIONS—MEBTINGS IN PHILADELPOIA, OUR PENNSYLVANIA CORRESPONDENCE. Paiiapecenia, Dec. 1, 1853. I herewith enclose to you a copy of a notice fora | meeting of the national democracy of the city and | county of Philadelphia, to be held this evening: — THE CN{ON AND THE CONSTITUTION. | Sir—You are particularly favited toattend a meotiag of Gemocratic cit'z-ne opp wed to ths treasonable and sadi- | tows doctrine of the ‘ree soil party being engrafted oa tha tiue demccr h, and in favor #( the organizat on of a Young Men's National Demecratic Asozietion, to ba | held at the Supreme Court room, coraac of Sixth wad Chestnut strests, up ataire, on Thursday eveniag next, December 1, 1963, at balf-past seven o'clock. It is a mere preliminary meeting for the purpoee have beard it spoken of by active and ioflueutial democrats here, and the movement will most assuredly meet the approval of the good and true of the party. | Depend upon it, the national democrats of New York will hear a patriotic and encouraging respouse from their bretbreu of the Keystone State, who will array themselves side by side with them on the broad platiorm of the “union and the constitation,” that platform on which the people stood at the late Pre- sidential election, but which has been basely and truitorously deserted by the sinking cabinet. if you deeire it, 1 will keep you advwed of the con te inplated movement. Pataior. PattapeLeuts, Dee, 3, 1853. The old Keystone is waking up. Though never very fast, she seems to be ina harry just now, for we have had two political meetings here within the last four or five daye, and expect to have stirring times for a month to come. A preliminary meeting of the national demo crats was held on Tuesaday night last, in the Chi- nese Mnsenm, for the purpose of organizing in oppo- sition to Goy. Bigler and the administration at Washington, and in favor of the Hon. Wm. Wittie for Governor. On Thoraday night another meeting was held for the purpose of “ organizing a Young Men's National Democratic Association,” ‘‘ oppoved to the treasonable and seditious doctrines of the free a party being engrafted on the true democratio ‘ath. The public mind was not unprepared for a move- ment of this kind—in fact it would have been started long ago, had some stical question presented uy which ‘hey could have taken sides. They have that question now in the selection of delegates to the gubernatorial convention, and all that is lacking to give animation to the movement, is @ little interfe- ference by the officials at Washington, as in other States, and that ia lovked for daily, Some who sympathize with the nationals, but | have an eye to the satire, hesitate ia consequence of the t rrible threat of the Washington Untn a saiust all «ho oppose the vdministration. They are tt in cee am f ie, that their forever rained But leh them behold toe re garda | the flee svilera and secession ee Hie bene Verde of permanent orgaization and future operations. I | respects will be | Sena acetate anaaeeeeaaeteed The December Term of the Law Courts. This being the first Monday in the month, the several State Courts of this olty will commence their trial terms ‘There are no new causes of importance on the calendars, which principally contain only those thet have aot buen disposed of during the forme: terms. Iu the special term of the Supreme Court, the cases as yet undisposed of on the Novenrber calendar will be takea up this day. No new calendar will be made-for Decem: ber, nor any additional cases be put upon the calendar. An important question to lawyers and parties itigant in the Marine Court, has been raised recently as to the sppellate jurisdiction of that court. It is insisted by some members of the bar that the Common Pioas has no sppellate jurisdiction of the judgments rendered in tas Marine Court; that under the act of 1853, extending the jurisdiction of, and allowiog the latter to review its own decisions om appeal at General Term, there is no resort but to the Coart of Appeals direct, as from the Common Pleas or Supreme Court. This opinion is strengthened by @ Cecision of Judge Edwards, of the Supreme Court, on application for s mandamus to compel Judge McCarthy to try s cause im the Marine Court, after he had made an order staying the proceedings unless certain costs were paid. The mandamus Was denied, on the ground thet the Marine Court has as full and complete control of any matter within i's jarisdiotion as the Supreme Court. The business of the Marine Court has been so augmented by the extended jurisdiction to suits involving five hundred dollars, that the Judges have announced their in-ention to hold General Term every Saturday. In the term of the law courts just closed, mapy import ant cases were argued, and a vast number of decisions of public interest rendered by the various judges. The business of the Court of Oyer and Terminer was ua usually beavy,and terminated on Saturday, when one man was rentenced for execution, and two to two yerr~ and ten months in the State Prison. During the veasion cf the court, there were two others senteuosd to a rimilar period of imprisonment, for the crime of manslaughter; one map, indicted for killing his wife, was declarec to be inane, and will beconfined as a lunatic; and seven others, oharged with murder, inoladir g the four for the French’s Eotel homicide, were acquitted. A woman, iodisted for setting fire to a dwelling, the penalty of which is death, was also declared rot guilty, ‘This was a fearful amount of crime to have boafore ons tribunal in so short a period; and though the coaviotions have been comparatively few, out of so dark a catalogue of offences, we express a hope that a wiolesome lesson has been taught, which will have a gcod effect not only upon thore who have escaped punishment, but upon the whole tody of that class of mem who exhibit a reckless nees of human life, and who render the streete by «ay dangerous, and “hideous” by might to the pesceable citizen, Let them avoid the too frequently indulged ex ceases of the rum shop, and the sacrifice of human life will be, hereafter, less in the city of New York thanit has been. The statistics of offences furnish the singular fact that the majority of the homicides in New York are com mitted by the Irish and the Dutch, the burglaries by Eag- lishmen, and the forgeries and other ingenious acts of awit Cling by the cunning Yankee, That each is an slept in his peculiar propensity is apparent, for wo seldom hear of a stabbing that does not prove fatal, of a burglary in which the authorities are no: set at nanght; and the numero counterfeits that are floating through the com munity show that the forger is not the least perfect of the criminals of our city. This being the first Monday in Decembor, the Grand Jury will be, according to the uaual and established prac- | tice, empannel‘ed in the Court of General Sessions to day, and all cases not already acted upon, will be subnitted to them ‘or their consideration. The Petit Jury will also | ‘be empannelled, and from the appearance of the calendar, | we think their duties will be rather light. Notwithstand- | ing the lightness of the calendar, it is a curious fact that it is made up of the very gravest offences of which man | be guilty of—such as burglary, forgery. at:empt to arson, .grand larceny, obtaining goods under false Pretences, receiving stolen goods, &o. It is many months since we remember recording such a small calendar, thirty five persons being all that will be disposed of in the court during this term. We now begin to hope that with the aid of an efficient and uniformed police, crime in the metropolis will be ra- pidl) decreasing. ani peaceable citizens will no longe: be under soy apprehension when walking through the streets of the city, of being knocked down and robbed. This is the Recorder’s regular term for sitting, bat whether ha is still emgaged ia prosecuting the charges of bribery against two of the city fathers or not we are no: informed, Howevce it is very likely that Judge Beehe, vith bis usual alscrity and fairness, will occupy the judgment eeat this term. The Court of Special Sessions is still betd in the old court roon at the Toombs, before Judge Beebe and the Recorder. The Fourth ef July rio‘ers, indicted about three months ago, «ill remaia untried, and will, we suppose, coatinue to be the case for the rex: six months, until the matter bas fairly died away ; and when the trial takes place the public will remember nothing at all about the affair. Annexed is the calendar for the December term as re turned by J. H. Whitmore, clerk of the City Prison :— Grand larcen: 18 Keeping disorderly house, 1 Forgery. PRAOU alo spanee onscess é Burglary. 4k tolen gooda,. . 1 False pretences \. 2 Abaudonment........... Attempt to kill. Total. ASSIGNMENT OF COURTS AND JUDGRS IN TMK CITY OF NEW YORK, FOR THE YEARS 1854 anv 1855. SUPREME COURT. GuNFRAL TERMS, 1854. lst Monday of Feb., Judges Mitebell, Roosevelt, Morris, “ May, © Mitchell, Rozsevelt, Clerke. se Sept, ‘‘ Mitchell, Roosevelt Ist Nov,,” Mitehell, Mozris, Cle: 1856, Ist Monday of Feb., Judges Edwards, Mitchell, Morris. “ May, = Edwards, Mitchell, Clerke. wa Sept’, “ Edwards, Roosevelt, Morris. | Ist‘ Nov., ‘ Edwards, Roosevelt, Clerke, crReerns, lst Mor day of Januar; ee Februa’ “ “ ad Mitchell. a « “ Clerke. let “Morris, iad ‘« Roosevelt. “e December, “Clerks, 1855, 1st Monday of Junvary.. by Judg “ February. “ be! Margh.... “6 Edwat ad Clarke. “ Apmil..... “Mitchell anc Clerke. “ May... “Morris 2 June..... “ Roo-evelt and Clerke. oa . September * Mitchell. tab behed October... “ Fdwards and Roosevelt. a November ‘ Morria, ~ December “Roosevelt. Where two Judges are to hold tho Cirenlt at the seme time, the ove Jast. named will take up che Calendac, b+ ginniyg with the Jast three hundred causes, and contious with those csuser and euch as may be a ded to the Calea dar afterwards, In such cases double the usual number f jorora will be summoned, unless the busine 4 of the Ose ae4 Terminer shall prevent the atteniance of moze than one Judge at the Cireuit, OYER AND TERMINER, At 1K SAMS TIME WITH THE (Inc , IN TUK MONTRS OF APRIL AND OTOH, SPECIAL. TRAC, 1854 Ist Monday of January. seseeby Judge Mitchell Marehs.....ee 1: Roosevelt “ “Morris. “ “ Clrke, ‘ “© Roosevalt “ «Mitchell. Int Monday of January sby Judge Edwards. ve larch . Lad Mitehe!! “ April. + Roosevelt. “ June. 2 Mor b Ustober bes Cher! “ December, “Mitchell. And every Saturday for Special Motions, The Satarday Special Motion Terms will be held, when the Special Terms are not in session, by the Judge assigned to ait in Cham- keys, during the month. The Jaége sitting at Chambers, will at the sane hold ni Teen {oP ny ex parts basiness, end for euch id business an he shall exprossly permit, CHAMBER 8 SINKS. 1864, by Jadge Clarke, Jue ge Morris ge Morris, all the Judges. April Mitchell: J P May, 11 the Jueges. ‘all the Jud; June, Jucge Roorevelt, December. Judge Rooseveit. 1856, Janvary.by Judge Roorevelt; July.....by Judye Morris. Februar, “ Clerke. August.. « Olerke, ‘Morris, September ‘Clarke. “« Edwards. October.. ‘* Mitchell. ‘Roosevelt, November ‘ Mitchell. “ BKdwards, December ‘ Mozsris. REGULATIONS. Al) | anes of fact already joined and triable in the city Now York will be noticed to the clerk, and be put on endar for the ensuing January circuit During the Oret week of tl rouit, motions to correct the calendar may be mede. | After that week the calendar sort cortinne the calendar for beeas ans vine Cian Gia ib laid BO bess neaernie. a n ait, A cirouit left off, ifteem causes ® day ard po more wil! be call+d at gen- oral and special terms, and beforeeach judge at circuit, unless otberwixe » pecially ordered No cause will be set down for » particular day at a cir- cuit, unlers sv orn off when called, om accouut of the ab- sence of a witness, and on payment of conte If the trial of s cause shall not be moved by either party, when es iled iv its order on the cirouit calendar, it will go to the footin the calendar, and not be called ageio until it sbal) be reached in that plice. All new issues will be noticed for the first day of the rext Cireuit, after the same shall be joined, ani be put in their order at the foot of the permanent caleaiar After the firat week of each Circuit, (during wh'ch, motions to correct thecalendar may be made,) the caleo- dar of ‘he causes which may have own at the pre- vious Cirevir, he new issues will be entered as part and in continuation of the permanent cslendar; and 60 on from court to court, until the end of the yrar. These regulations do not affect the question of noticing the causes for trial tothe opposite party, from court to court, as the Statute may require. APRCIAL CIRCUIT CALENDAR, A‘any Circuit, until further orders, any causes belong: toe cn the calendar, where the immediately preced- ing to evther of the two following classes, may be placed op «Special Circuit Calendar, unless tae trial is likely to ocoupy more than one hour. Ist. Where t ction is on contract, and the auswer merely denies the sllegation: in the complaint, without setting up any new matter. 2d. Where tl and new matter in cet up in th > I be reason to be- lave that the defence is made ovly for the purposes of jelay. To entitle the caure to be placed on such calendar, the intiff's attorney must give notice four days before any Monéay in the circuit that he will meve on such Monday to bave the cause placed on such calendar; and the mo- tion will be beard on such Monday, and if granted the RAILROAD ENTERPRISES. ‘The Vera Crus and Mexican Railroad MINISTRY OF PROTBOTION, COLON/BATION, INDUSTRY AND COMMERCK OF THE MEXICAN BEPUBLIC— SECTION FIYTH. * His Excellency the President of the Republic has issued the following decree :— Antonio Lopez de Santa Anna, Benemerito, Gene- ral of Division, Grand Cross of the Royal and Dis- tinguished Order of Carlos III. of Spain, and Presi- dent of the Mexican Republic, to all to whom these presents come, know all men that, according to the powers conferred upon him by the nation, he decrees as follows :— Article 1. To Don Juan Laurie Richards is con- ceded the exclusive right to construct and carry out a ae ad from Vera Cruz to Mexico, passing by Puebla. Art 2. The route from Vera Cruz to Puebla shall be through the lands recognized as most convenient, and the route from Puebla to Mexico qill be by the plains of Apan. Art. 3. The grounds needed for the construction of the road, for the officers’ dwellings, or workshops wanted for the building and conduct of the said road, shall be furnished the directors free of all cost, and in perpetual’ porsession, seeing the great advantages which must result to the BORON ORT of such lands because of their neighborhood to the railway. Art. 4. The materials for the road, whether natural or foreign productions, all goods, etc., which may be ceasary for the use and service of the agents, em- cause may be heard on the following Friday. If the motion be founded on the belief that the defen: is for delay, affidavits must be served at the time of no- tice. ‘The plaintiff's attorney must also deliver to the Clerk of the Circuit a lke no ice sleo four days before such Fri- day, containing also the number the cause on the General Circuit calendar, ‘The same motion may be made on any day before the Judge at chambers, on notice of four days If the cause shall setually oeoupy more than one hour on the trial, the trial may be auapenied at the discretion of the court, and the cause be put down at the foot of the calendar. Supreme Court—Special Term, Paetore Hon Judge Roosevelt. JONES’ WOOD PARK. FOURTH DAY. Yeo. 3.—Mr. Girard continued his argument in favor of sppointing commissioners and o ning the park. claiming that the Court could not now look into and determins upon the constitutionality of this law. That question could only be raised in an action of ejectment after the Japds should be taken, (3 Com. 611, Kmbury Con- oe ee x Jana) sho db res. icala—the people bal passed pon and decided it years nd this was. one Feason why the Legislature had pi law, without petitions, and in opposition to the protest of our Common Council’ That the opposition on tbe part of the corporation it based upon @ resolution passed bys corrupt majority; and the ouly reason why they opposed it is becauss the mabi+g of this park will not put anything into their pockets, they being, he said, opposed to everything which will benefit the Pagtans who have risen in their might sgainét than, That the owners have nothing to‘o with the cbaracter of the stock referred to in the case; whether it bringe par or net, they are to be paidin gold and silver, snd it the corporation do not pay, they can be compelied by mandamas; (19 John. 260, 1) Wend. 263, 893, 23, Wend. 400, % Barb) and af they then refuse they are liable for contempt. (L Barb. oh., Pr. 636. Note.) He concluded, by urging the court to’appeint as commis- riorere men of known liberal views, who would give these | cwuers @ liberal price for their lands, he being satistled that the people uot only wanted thix park, but were able sud willing to pay literally for i. That this was a favo Tite project of his, but the Central park was a measure he bad no faith in, and hoped never to see it carried out. Mr. Dillon, the corporation counsel, followed arguing in favor of the application, He was se'isfied oc reading | the law, that the Legislature not only imposed this duty upon him, but also intended he should urge it upon the court te the best of bis ability. Tnat the Legislatace has the power, and by this law did exercise the right of eni- next domain, in determining that this land should be | taken for public use ; and the Court should construe this | act liberally and, if possible, give effect to its provisions (15 Wend. 374, Owrers vs, City of Albany ) [a answer to the proposition of the counéel for the owners, that law was to be construed rigorourly. because it attempted to take private property. He ixsisted that all laws should bave a liberal const-uction, according to their fair mesn- ing ard intent. Ava there was no principle which au thorised apy distinction between construing a law which authorized the taking of private property for public use, and a law for any other purpove. That the Logislature itself had here exercised the right of eminent demain, and that power had not been delegated to this court. He admitted that the claure in this law which arses. ea the cost of the land upon tbe whole of the property of the city, at first seemed to him peculiar; but upon reflection the reason for this evidently war, that the improvement was in tended to be for the use of the entire public. The pre- jucices of the Court had been attempted to be excited by giving the history of this Dill, to snow that it had ben pe sed in baste and passion Admit that it was parsed in baste ard parsion, hac itever been supposed tha: that woula law unconstitutioral ? Upoa the question whether thi ‘was manda‘ory or not, he stated the rule That when a luw relates to an object of public as the public health, or publicjustice and the mey” is use en it is held to meaa id the estatlishinent of public parka he great public coucern, and he knew of no acte more wertby of legislative enactment than those which promoted the pablic health. Such has been held to be the proper consti ucticn of several of the atreet asta when similsr words had been used—13 Wend. 452, matter of Fourth avenue; 2 Hill. 14, matter of Monnt Morris tquaie.) He admitted thi might be difficalty ia dis- posing of this stoek to pri iudividusls, proviced it should ke of the character contended for by the opposing ecunsel; but € then he had no doubt that the Saviogs banks, and many other public institutions of our city, would glaely absorb a!l bonds of the kind which might be issued under this law. Ia conclasion, he ceniei :hat this was a project gotten up by mere speculators; on the contrary, those who had urged its adoption was actuated soleiy by @ desire to benctit the people—the poor as wail as the rich; and that it would bea benefit to all classes, and the city generally, no one he thought could deny. The arguments here were concluded, and t2e Court ad. | journed, Our New York Correspondence. Wixson, Nracara Co., N. Y., Nov. 25, 1953. A Marriagein Niagara County—The Bridegroom | and his Friends—A Noisy Honeymoon. On Tuesdsy last our village was thrown intoa high state of excitement, bya report that a young man had been shot on the preceding night, in an af- | fray which grew out of one of those nocturnal expe- | ditions which sometimes take place in the country, termed charivari's. The circumstances which gave rise to the report | were as follows:— A young man had recently married a wife. Being in rather bad odor with some young bloods of the neighborhood, it was determined to give him a “horning.”’ Accordingly, a number collected toze- ther, and repairing to the residence of the young man’s father, where he had taken his bride, they commenced their orgies. But the old gentleman rallied his household and drove them from the premises. They returned again om Saturday night, but were sgain met, and one or two of their number were caught and chastised. On Monday, they sent word to a young man, who wasa sort of ringleader in such performances, in another neigh- | borhood, desiring him to come out with his band and sid them. The bridegroom's friends got wind of this, and prepared themselves accordingly. The ibd parties were to meet in the road opposite the oure. Evesing came, and this band, mounted on horses, repuired to the seat of war; but the firet party did uot make their appearance. Determined not to be haulked, they made their arrangements, and, with thar leader at their head rode backward and for- word iv front of the house, blowing their horns aud moking the most unearthly noises. The leader was a sbort distance in advance of his party, and the night being dark, they could scarcely see him. Sud- venly his horse bolted past them, and the saddle was emply. The beast was secured, but its rider was missing. As may be supposed, the bridegroom's frieuds had been watching them; seizing the oppor- tunity, with one blow from a club, the leader was felled senseless to the earth. He was immeiiately dragged into a log house close bys but, supposing him to be dead, and fearing his confederates, they dragged bim across the road to a blacksmith’s shop | when he began to exhibit signs of life. From thence he was ee into the house, and means were being used for his recovery.. Hia com- paniens, beiog unaole to find him, suspected foul play, and going. in a body into the house, and find- bis he was within, one of their number demanded liberty to cee him. He was refused, and ordered off. He persistéd, and endeavored to force a passage, but was met on the threshold by the bridegroom, club ia hand. A scuffle ensued, which terminated in apeneral fight. Afra desperate and protracted struggie, the ‘boys’ were absolutely clubbed feom the premises, leaving in the hands of tho fam'ly one gun, sordry caps, and portions of coats, vests, shirts, &e, as trophies of their victory, One of the band was forced to retura home, @ distance of three or four miles, in a state of almost entire nudity, and all of them were bruised and beaten dreadfully. The bridegroom received a severe contasion on the neck. The blow was struck witha gun, and grazed the side of the head. Had it been aimed » little traer he would, undoubtedly, have been killed on the spot. Another young man was struck in the face, the blow taking effect (en a on his forehead. Tne bones of the skull were fractur:d broken; he Isid unconscious for som he came to bis sereea a physician was wounds dressed, andin the morning be wee tskon bome. He isnow, .I understand. jus ‘nicway for secovery ; but the marks of this disgri’ fal transac ployes, and laborers, as well as a!1 kinds of carriages, cars and other vehicles for transport, all machines, tools, honses, offices, dwe'lings, stations, coal, ani- mals and their harness necessary, shall be free of all duty, taxation, contribution or impost now existing, bes hereafter to exist, of whatever class cr denomina- jon. Art. 5. The government will assare to the com- pany its properties and its foreign employes the pro tection which existing treaties guarantee to su:h tereigrers as well for their persons as for their pro- perty and interests. Art 6. All Mexican employes, operatives, and la- borers, shall be exempt from Seged service during the time of their engagement with the said com- pany. att 7. The Senor Juan Laurie Richards engages to form and constitute the said company within eight months from the granting of this privilege, and will officially advise the Mexican Plenipotentiary in London of the formation and installation of said company, its statutes and its regulations, for publi- cation in the Mexican republic. Art. 8. The company's headquarters wil! be in London, and one-fourth of the shares shall be re- served, during one year, for the inhabitants of the Mexican sepublic who may desire to acess and ® subscription book for this purpose shail be opened in Mexico. Art. 9. Bo soon asthe company shall be formed, numerous engineers shall proceed to survey the lands which shall be found most favorable to the course which the railway sball pursue, and when the survey shall have been made wholly or in part, the plans shall be submitted to the supreme government, and, permission obtained, the works shall be began. In case of any unforseen obstacle which shall render the construction of a railway impossible at one or more points, the company shall construct a carriage road to communicate with the separated points of the railway, and this circumstance shall be consid- eredas of absolute necessity, avd shall in no way furvish a motive for the withdrawal of this grant. Art. 10. As soon as the official notice of the for. mation of this company is received in Mexico, skil- ful persons ehall be cuosen, one by the government and one by the company, to value that part of the read which is now built, its cars, houses, offices, utensils, and whatever else belongs toit. Should these persons disagree, they shall choose a third, whose decision shall be definitive and pulls sary upon all contracting parties. At the conclusion of this valuation the road, its carriages, offices, and appurtenances shall be given to the company in per- petual possession at a rent of six per cent upon the valuation of the property. Art. 11. Before the balay ts finished and opened to the public, the eompaay, shall advise with the su- preme government as to the rate of charges for pas- sengers. freight and baggage. Art. 12. It is further agreed and covenanted that this grant shall extend itself on the same conditions to any branch or branches which the company may see fit to establish, subject to the approbation of the supreme government. Art. 13. Once finished, the road from Vera Cruz to Mexico, and the branches named in the last ar- ticle, together with a!l their appurienances, shall be considered as the company's property in perptuum. Art. 14. The transport of the mails by this railway, or its braoches, shali be the subject of a separate con- tract or contracts when the proper time arrives. Art, 15. In return for these concessions by the Su- paras goverpment, the comps binds itself to ruosport the troops and employés of the government, when on service, as well as the government muni- tions and other effects, at half the cost demanded of the public. The government shall also receive ten per cent on the divicend paid to shareholders. Also, the compspy shall ad nit the engineers designated by government to an opportunity of completing their theoretic studies by practice in the surveys and corstruction of the road and its branches, and pro- mises to employ, by permission of the supreme gov- erpment, such of them as are fully qualified. _ Art. 16. Should any doubt arise about the inter- pretation or execution of the present contract, the said doubt shall be decided by two referees, one named by the government and tne other by the com- pany, and should they disagree, they shall choose a third, from whore decision there shall be no appeal. ADDITIONAL ARTICLES. E 1. If the company be not formed in London in six months from this date, the contract becomes null and void. 2. Ifthe nationality of the company be not Anglo- Mexican, it is ikewise null. 3. If the company be formed in six months or sooner, on the day of ita installation the company shall gnarantece to the Mexican Minister iu London, validly and satisfactorily, the execution and comple- tion of che railway. ‘i This contract'is ordered to be printed, published and circulated. Given at the palace of the national government in Tacubaya, this 31st of October, 1853. Antonto Lopsz pg Santa ANNA. A.D. Joaquin Vanasquez pr Leon, The Pacific Railroad. MEETINGS OUT WEST—THE SOUTH PASS ROUTE— CONNECTING OF THE ROAD EAST AND WEST-~ EXTENT OF 1HE PROPOSED WORK—AN ILLINOIS CONVENTION. The subjéct matter ot this vast undertaking at- tracts the public attention mers and more every day, as we approach nearer to the opening of Congress. Many meetings have been held, at which the promo- ters and adherents ot the scheme have endeavored to impress the public with a fixed ides of its pra tica- bility and profits, while the doubting and hesitating have urged their objections with equal force. A convention of a large number of delegates from the States of Pennsylvania, Ohio, Indiana, Illinois, ad Towa, was held at the court house, in La- con, Illinois, cn the 11th and 12th inst., at which the Hon. Lott 8. Bayliss, of Indians, was ciosen President, and G. W. Bailey, of Pennsylvania, G. Buckinghom, of Ohio, W. C. Barnet, of In- cova, Silss Rameey, of Minois, and Judge Jemison, ot lowa, Vice Presidents; and Thomas Tigar, of ia diana, with Wm, L. Toole, of Iowa, Secretaries. Col. Samuel B. Curtis was called upon, and ad- dressed the convention at much length. He advo- ext.d the Platic Valley and South Pass ronte; spoke of the superior advantages of this route over that of allother proposed routes, both north and south, of its centrality, nationality, acd easy adaptatian to a rapid uve permacent construction of a railroad. At the conclusion of his remarks, and at the re- qvest of the convention, he read an address ia favor ot the South Pass ronte, having been previously pre- pared from material said to.be derived from authen- tis sources. We make some extracts from this document, which are worthy of perusal :— ‘The people of the United States have resolved on a railroad to the Pacific, and the question now most considered relates to the seiection of a route. Con- 88 has appropriated $150,000 for surveys, and the cretary of War bas sent four poe ot engineers to the mountains, with a view of laying before Con- grees and the world the topographical features of afferent routes, The central position, general adop- tion, and universal admissions of al, shouid secure to this Platte river acd South Pass route a first, not # secondary consideration; bu; since it is so assigned, its frrerds must take care that it docs not sink into secondary importance. Before goidg iato the merits of the Pfatte river route, I consider it necessary to notice the proposed route by Kacsas, the head waters of the Arkansas, and Little Sait Lake; not becuure this route is really a rival or comparison to the Platte river and South Pass route, but because of the influence of its friends, who define, prescribe, and sustain it by organized parties, whose reports are published in advance of the public surveys, and without much regard to the etiquette due to co ordi- nate branches of the national service. Avticipatiag the reporta of the war and cngineer department hasty and uncertain explorations are communicated in periodical reports, and anounced to the public with all the influence and eolemaity that can attach to the arguments of a Senator of thirty years. Poss, present, and future disasters and perils are sbadowed forth 80 as to fix the public gaze ‘on this side bar investigation, so as to prevent the public from observing the quiet current tion be will carry to bis grave. The matter isto be nejudiosted in covet The parties were atl re iderts wile «hich the government pursues for thie investigation thle ula we oe mbes, To oize clues to general system of ncerted action, every ¥ ant point between Washin and San Frao- cisco, is coc, dovetel friend to this - some devoted imapiogry t by the head waters of the Arkansas, Little Salt Lake, and Walker's Pasa, Since the fret announcement of this route in 1549, Colonel Benton bas repeatadly and ur ently pressed it before the public. Fremont, Beale, i» and Edwards have periled their lives in snow, water, and sandy dererts, ficd this supposed pass through several chains of the Rocky mountains; and four long yearsof utter fail - ure still leaves the question in the hands of the same unyielding champion, who, in the face of the moat conclusive testimony, § the truth of this unfor- tonate delusion. One of the Mormons bad pencil, and painted views of the only known mountain passes east and south- east of the Salt Lake valley; but there was none showing @ pract cal road-way through the south eastern region of Hiss (a Ly 8 he it probable jormons and emigrants pass yearly to and from the Salt Lake valley would overlook suck a route for so many years? But beyond the Little Salt Lake, in the direction of Walker's Pass, the obstacles. are still more for- midable, a derert of drifting sand, impassable by a railrcad, because of the ruinous consequences to td fect apg tat tly aed and ap; asi con sar et ything jastify rai 8 before argued, cent should be regarded a3 very important consideration in locating a national trunk acrots this continent. In finding the central and short line from ocean to ovean, regard should be hed to the great circles of the earth; but lakes and mountains intervere as impassable barriers, and the roogt face of the earth’s surface excludes the mathe- matical argument tht relates to the sections through the 5 The depressions in the mountains and the between our great rivers must have a coa- trolling influence in see! A heaps central and national pers . The Platt Valley and South Pass route cen in view of east and west roads alread constructed and in operation; central in view nf rcacs most likely eoon to be made; and central am ng the lines surveyed by direction of the War Department, which are ail to extend between lavitudes 33 acd 49, the middle or meridian being. 41 deg., the point where our Platte Valiey and South Pass route starts on the Missouri. It is only necessary for the great national trunk to occupy the region of country beyond or between the Stetes; the branches or connections will be made by the usual apne that are now #0 rapidly aug- wenting the network of iron rails. The roads of the Southern aud Eastern States are, many of them, bearing towards St. Louis, and all of them will fad easy connections with that Gity. A road from St. Louis can, by » goc? grade aud easy curve, fullow up the west side of \.e Missouri to the mouth of the Platte, and thence up the Pia‘te, or it can take the line of Kansas river and follow near the emigrant route, and unite with the Platte, where the emigrant route from Independence unites with the Platte Val- ley. This branch would accommodate most of the Southesstern States, and the roads they have pro- jected. But western connections with a great trunk should also be carefully provided for. The South Pass is situated near the head of streams which flow into the territories northwest. From that point branches can be made to Utah, California, Oregon, and Washington, by pataral channels. As no accurate surveys have been made, we can only estimate distances on the western portion of the route. The Platte vailey and emigrant route as fer as Salt Lake valley has been measured by a Rodomi- ter; and using these measurements, my own measure- ments through Iowa, and the known distwnces on railroads East, I can forma pretty correct idea of the whole distance from New York to San Francis- co. It may be thus stated:— Di les. New York to the Mississippi. . . UT Miseissippi to Council Biutfs . 280 Council Bluffs to Great Salt L: easured by the Mormons...... ep atiasvtvealate ++. 1016 From Salt Lake, by emigrant route to San Francisco, (may probably be shortened,)... 913 Total distance from New York to San Fran- esis 0.0/0 0's nos o o:aisian oisisie.e viele sieiberb Sle Kole 3,356 Total distence for the national work from Missouri to the Sacramento, deduced from this statement. . . 1,300 Of this 1,800 miles, miles—so that the great work required is reduced to the construction of about 1,600 miles, through a coun- try where a thousand miles is remarkably easy of oom- struction, being the flat plains of the Pia‘te and Hum- boldt rivers. After the reading of the report, it was unavinously adopted, aod the convention adjouroed, to meet again at the same place upon the following day. Upon the 12th of November the convention re assembled, and pasced a variety of resolutions hay- ing reference to this great enterprize. Amongst others it was— Resolved, That a railroad across the central part of the United S:ates, connecting the two grest oceans, would be ® road trave'sed by the wold, and a national bond that would unite our own Statea, and extend our fraterual attachments around the globe. Resolved, That (while we disclaim hostilitiy to aay feasible route) in the cpinion of this me tiog the route through the Platts Valley and South Pasa is the ons pre- eminently demanded. 1st. Because it is the most direct line uniting the eastern ard weRte:n termini of a route between the chief emporiums of the Pacific and Atlantis seaboards, 2. Because thr great network of railway con- structed ard in progress between ihe east and the weat converges toward: if, 3. Because it is the most healthy and agreeable latitnde, 41 degrees north. 4. Becauaa it thrergh the easy ascending grades ¢f the on Valley—folown the route gexera!ly preferred by emi- gran’s and mountain men, ani paaros the most eary depressions known in ‘the two great ranges of the Roshy Mountaias, 5. Because it is the only route that affords good gr. und for branches wastward that wilt accommodate Oregon. Washington, Utah, and California, 6. Because of its facility of cenat: uctton, being counsoted with Iowa, @ provision producirg State, and running through the Mirmom settlement, where provisions and workmen are already koated. 7. Because it is contrat, following the great channel of travel'ucd trade which aow Hows westward, and therefore promotes the intrreats of these whe have involved the most money ard means la the iuternal commerce ‘tf ‘he nation. Reselved, That a committ 9 of three persons from asc’ State represented in this Convention, be appointed to cor- reapord on ‘hia subject with such gex tlemen ay they be- lieve most likely to exgage in such an enterprise, and so- licit their co-operation ; also to induce, by correspondence or otherwise, the holding of public meetings in the varioua cities, villages, and couat es intere-ted ia the Platte Vai- ley route. The meeting then adjourned. IMPOETANT MEETING IN NEW MEXICO—St THE CENTRAL LINE. A public meeting of the citizens of the county of Laos New Mexico was held in the town of Don Fer- nandez di Laos, on Saturday, Oct 22, for the purpose of expressing their views and sentiments in re- gard to the best route for the great Pacific Rail- road. On motion of Mr. C. Witttams, Mr. Aatonie Le- roux was chosen Presidentof the meeting, and Senor Jose B. Martin Vice President. _ On motion of Jas. H. Quinx, Esq., Messes. J. W. er and E, N. De Pew were appointed Secre- taries. On motion of Mr. T, Mignavit, the chair appoint- ed Messrs. Wootton, Williams, Stewart, Beaubien, Duvall, Lafabre and Piles, a committce to draw up resolutions expressive of the objects of the meeting. The following preamble and resolutions were read by Mr. C. Williams, Chairman of the Committee, and unanimously acopted :— Whereas public opinion throughout the United States, in obedience to the requil ta of national sonsidera- tions founded upon commercial and political reasons, aa wellas the cc:ommodation of the whole people of the United States, in order to facilitate an easy, cheap, aad expeditious intercourse of the people of the Atlantic ORT OF border with the western shores of guc graat republic, demard thata railroad should be coms'ructed from some point on the Mississippi river westwardly to San Wraasia- co, Califoreia. And whereas, it reems the only great ¢ificulty, grow- ing out of and conuecte:] wih this subject, ia the roate that sheuld be selected for this great nations highway. And whereas several routes have been desigoated as the proper one, and ¢florts hava been made, and are stil being industriously made, to prejudice the pablie mind against the creat cential national rowe, commencing at or et out. the mouth of the Kanzas river, on the weaera border of Missouri, and running westwardly t? cisco, California, passing generally between thi O¢th parallel of north latitude, making an occa: fiee\ion to the South. Whereas, we know from actual experience and obser- vation of more than thirty years (rome of us) of travel over the sbore conte:plated route time and time ag in toth winter asd summer, apricg and antuma, and that the objections that are being so indastriously cirow lated against the route above indicated are untrue end substance and detail, and that we fesl called upon to arsure the public that the route is practical and eligible f railroad, aad that there is no obstruction on the route caleu'ated to prevent the construction of a railveed from either snows or mountains (hat canaot be ensily overcome. ‘Whrrena, The groat central national route, commencing acd terminating a3 above iadicat-d, is central to the whole Union, and {s neither @ northern or a southern ronte, but ia naticnal and of easy access to the whole people, would seem to recommend it over all other routes yet proposed, Thera is plenty of timber and water all along thi. great throvghfire, which seems to us to bea powerfal reacon in {ta favor, esposially when both of theaselemeats ereso necessary to the construction of a railroad, aad aleo, after its construction, are wantirg upon -other rxites, This route pars through @ country rich in soil, wood, gvars, water. coal aod timber, aflording every facility for rottlewent all slong the route seem, likewise, to recom- mend it to the favcrable consideration ofthe public. Kerolved, That the route, commencing at or abcut the u cath of the Kanvas river on ‘he wertern border of Mt «- seurt, and running generally slong between the thirty. eighth and thirty ninth psrallel north la‘itude, wast. ww) rdly to the vel ey of the is Arkansrs river, thenge up the Muerfivo river to El Sangre te Christo or Ganni- ets pans ore pasa in the mountains, ten miles further } by the mounta neers Inbicoux's pass, aod | by the New Mexican. as the Mosco pas+; or another pra but a Ghort cistange farther north, knows to the muta- ers aa the-Pand Hill pea, soi named by Capt. Gaa- * aod ether of the three passes areoli- te a, Wiliam's qiiwand peastidehie ote railroad, aa wagoos loaded have ed heen ge weeee epg tally, wil pug Yeauaa of mates