The New York Herald Newspaper, December 10, 1853, Page 6

HOME AFFAIRS. We Report of the “ceretary of the Intertor. Derantuxnt or rum Lyrmuor, Deo, 5, 1853. @m—From the accompanying report of the Commis- Woner of the General Land Office, it will be seen that the wurveys of the public lands have been steadily prosecuted, amd large bodies of new lands during the past year ‘beought into market; that the wants of the emigrant Ihave beer fully met, and choice selections offered to the Bardy pioneer. The land system is founded in correct principles, and meeds but little modification or change. The pre emption Seature might posibly be advantageously enlarged and made more liberal. Sound policy requires that every eu- ‘eouragement should be held out for actual settlement and ealtivation. Nothing retards the growth and prosperity of the coun ‘wy more, nor inflicts greater injury upon the resident, ‘than the poscession by individuals, or companies, of ¢x- tensive, uncultivated tracts of the public lands. To cor- geet this evil, facilities should be liberally extended to She actual settier and withleld from the mere speculator. Daring the last fiscal year, 9,819,411 acres have been and 10,363,301 acres brought into market. In ‘the same period there were sold........ 1,083,495 acres. Located ith military bounty land F ‘warren - be Located with other certifi seeecees “ Belected for the States as swamp lands, 1 “ Bowated for railroads, Sc... seveees 1,427,457 & Making & total Of......+.00s0ee008 346,992 + sowing an increase in quantity sold and located with Jand warrants and under grants, of 12,231,818 acres over abe previcus fiscal year. The quantity of land rol’ during the second and third eariers of EGR wane ee anaengg SUN MSL Acros. nt received therefor... $623,687 59 Quantity sold second and third quarters of 1853... 1,609,919 acres. Amount received therefor .$2,226,576 36 The whole number of land warrants issued under exist laws, up to the 30th of September last, was 268,042, of Shieh there were then outstencing 66,047, The quantity of land required to ratis’y the latter is 4,778,120 acres Warrants have been istued to the 0th September last, under the act of 1th February, 18 abd, for the satiafaction of pieces of land scrip, embracing the scrip yet to be issued under this act w 0,000 acres it may be several years before the Iand warrarts and werip wil) be exhausted; and until then the amount of land aele for cach will be comparatively small The entire area of the public domain 1s estimated at stout fifteen bundred and eighty-four millions of acres, Shad within the States, (exclusive of California,) is... hase was eliccted at the rate 14.41 cents per acre, amounting 471,392,439 acres. eeeseerees : $67,999,700 00 Be thie should be added the Indian re- servations, which enter into the Office contains some recommendations on this subject, widely engeged attention. The various ed tome of which experience has < objections. To 7 against their cated, with the addition of we. to our own citizens and those who may declare their intention to become such, requires mature deliberation. Officers connected with the sale and survey of the pub- lic lands are frequently ey and, owing to their facilities for desling unfairly with’ bona’ fide applicanta, often excite grave and perhaps well founded suspicions. They can now, with impunity, commit acta which should be discountensnced, To prevent such mischief, they should be prohibited, under severe penalties, from puein or being interested in the purchase, of public lands, ‘The business of the Pension Office has been conducted with great promptnens, energy and ability, In none of its branches isit now in arrear, everything having been brought upto the present date. The labor performed within the last six months has jbeen very great, and the number of cases daily disposed of is far more than urual. The act of the 3d February, 1863, extended the benefits of the pension laws to the widows of offizers and sol diers ef the revolutionary army, who were married subse January in the year 1800, It was supposed re but a few cases that could properly come within its provisions, and the estimate and the appro. pria ion based for the present fiscal year, to meet its requirements, was only $24,000, which has proved to- tally inadequate, the deficiency being upwards of $200,000. The number examined, admitted and placed upon the pension list, to the Ist October, 1853, was 1,115, and it is now estimated that it will reach 3,000, and require an annual appropriation of $210,000. ‘The widows of the officers, non-commissioned officers, marines and mariners, whoserved in the navy during the same period, are not embraced by the act, but why such dir ination should be made, cannot be well conceived. amerous frauds bave been committed under the pension laws. In perpetiating them, perjury and forgery have been frequently resorted to. Several prosecutions have deen successfully instituted; the criminals have been con- vieted, and are now expiating their offences. Some, whose guil: was palpable, have escaped in consequance of the act of Congress limiting prosecutions of this cha- racter to two years from the commission of the offence. These offences are committed in secret; every expedient in adopted to avoid detection, and it is ‘sel’ om that with the greatest ygilance they are discovered within the time limited by law for their prosecution. ‘A change is, therefore, earnestly recommended, and if any anit is fixed, of which the propriety is doubted, it tkould b t From recent examinations made it tna been discovered that mvalid pensions have been obtained by persons who do not come Within the provisions of the law; and many, since the issue of the pension certificates, have been fouad without any disability whatever. To prevent this in fa- ture, and to detect such impositiona, the Coramissioner of Pensions recommenda the enactment of a law similar to that of 1819, requiring an immediate examination of the invalid pensioners, and # biennial examiaation, there- after, by two approved surgeons. In this I mest heartily concur, believing that it would aiford an effective remady against the abuse of the laws, and save to the govern- ment large sums fraudulently obtained from the trea- eury. The laws relating to pensions have become so numer- ons and complicated; ro many various and conflicting constructions have been given to them. and they era in- Sriginal cost, amounting to 3,40 ‘726 wores, wh #1 | per acre, wou Pecaciae css $4,250,006 00 | Bp to the su. }, 384,256,810 i 8 meres Lad been sold, tan expen of 2.07 cents per acre, making. $6,919,116 00 and 184 667,105 acres wold (at an ad- | Gitional expense for selling) at 5. ents per acre, rsh: © $9,821,201 00 | The entre cost, including sw ry selling, being . +: $88,994,015 00 | Tee whole amount = | C3 sales up to 20th June, 1953. was... $142,283 478 00 Being $55,289,465 more than the cost of the waole thus | far, inclueive of survey and sale, Of the surveyed lands there have been granted— Bor ecuestional purposes. . 11,199,973 acres. Fer military bounties,... dnd ior internal improvements. r sof the surveyed lands 96,940,709 | weres, worth, after deducting the cost of telling, yet to be borne.......... +++ $116,018, 041 | ied 187,635,029 ncres, wo fter deducting ‘the expenses of surveying aud selling...,, 11,9 Je which add the Tends actually sol’ Sa And we find that while the purchase, eurve! and sale of the public lands will, in the end, Rave cost $85,994 013, the net amount which will have been realized therefor, is tbe enormous sum of. i . »$331,181,369 It is thus shown that the general goverament iastead of being a loser, as many have supposed, by its connection with the public lands, has found them not oaly a source sf revenue but a ready means of promoting the cause of om education, and of bestowing well earned rewards military service. im the territories and new States, where many of the pubiic lands remain for a long period unsold, livera grants chouid be made for thove great higawars which, to certain extent, may be considered local in Sheir character, though general in their influence and not —- with the interests of the old States. Ia way, without any expenditure of money, the gene — can greatly increase the value of the pu! It has never made such # donatioa without be- fing fully repaid. The principle of granting alternate sec fioms and selling those reserved at double the ordinary has been found by experience to be most salutary. reason of the improvements made with such grants, large tracts of land, that had long laid waste, have bean it into market and found s ready sale; the sur- country has beem peopled—the revenue has beca Bugmented by th eased consumption of forei, ehandize, and the State in which the improvements have been thus made, and not wrpgen ef the adj Maes, have been larg+ly benefited. Without these dona- lems and consequent improvements, some of the finest portions of the new States wou!d have coatiaued a wilder @ees; lands that had been for fifteen or twenty years in the market, might have remained as much longe: unsold, gad thus the prosperity and advancement of the whole pan Hig retarded. The loss to the covernment ‘would have been serious, withou' auy correspoading bene ‘The true policy is to bring the lands into market and by all legitimate moans, dispose of them as sp-edily as ible; justice to those who lave been induced to settie ‘the new rare a territories, = the interests of the government, alike demand it,’ The strongest political amd economical considerations therefore dictate this the 20th of September, 1950, a grant of lands was the States of Lllinois, Mississippi and Ala im the construction of the great Central rail Chicago to Mobile. To afford these States an op- ity of making their selections, the lands slong the route of the road, were, for = short period, wi:h- @rawn from market. Most of them being of little value eo the States in which they were, or to the general gor- @rament, until the grants were made and it was ascer- ‘tained the road would be constructed; but thea they were bonght up wich avidity and are now considered as most and valuable. ‘The lilinois Centrs! Railroad Company was incorporated fand the route of the road, and its branches within that State, designated by an act of the Legislature (a Februar; 2961. Duricg the half year ending 5ist Decewber, 1550, the (quantity of land so id and located, with bounty land war- ants, in the districts traversed by the road, was 342 487 68-100 acres. The alternate sections reserred to t! Gaited States, wore released fro: vation and brought into marke’ in July,August and September, 1852, and du wing that and the next succeeding quarter, the sa es and Bocations amounted to 1,274,622 25.100 acras, showing au imerease over the corresponding haif year, next preceding ‘the losation of the road, of 962,004 40 100. The unselected lands in the Auguita and Columbus dis Sriets, in the State of Mississippi, were restored to market tm the month of September last, and notwithstanting tae @ales in thore districts bad tor maay years beea very | Himited, the lands thus res‘ored met with ready sales and @tenbanced prices. The quantity sold at Augasta in all the month of September, 1549, was only 424 acres, and fm the same month in the years 1850, 155i, and 1802, maach lees, and yet in five days in September last, after the route of thé road had been establivaed, and the alter- mate sections designated by the State, 19,620 acres were wold for $24,056, being $0,643 more than the aggregate | wwalue at the minimum price. In the Cslumous district, im the short space of twelve days ia the month of Sep Sember last, 42,504 acres were disposed of, whereas, ia all the month of September, 1:49, the yaantity sold wasonly acres, ‘The lands withdrawn from mar! June, 1852, to en- ble the State of Missouri to locate tae routes and selact ‘the lands grauted to her by the act approved the tenth of thet month, for the conitruction of certain railroads, were restored to market dh the Sth of July last, anal be- ween tbat day and the 0th of Sep'ember following, 318,890 acres were sold, being nearly 150,000 acres more 73,203 ++ oe4+$277,891,904 | ived for | 53,289,465 | Wile volved in such doubt and uncertainty, that a revision ard cediication seems necessary. judiciously and carefully executed, it would conduce greatly to the de- ieve, by its simplicity, the appli canis and faries from large expenses and gross im- positions, And prove very advantageous to the govera- ment. It might imyclyé some laber, and yet but little expense rome of the most important questions that arise inthis branch of business, are those relating to the commence ment aw larrears of pensions. Hence, the necessity, in fting pension laws, or amen ‘ments, of using larguage thet cannot be readily misunderstood. The time whea ‘the pensiot to be commenced, should be fixed with positive certainty, and arrears of pension explicitly ailow- ed or disallowed. To secure a more direct and frequent accountability the agents for paying pensions, and to enable the Comm: sioner to prepare proper estimates snd requisitions, he has introduced s syatsm which will enable him, at apy time, to show the condition of each agency, and prevent over drawing and an unnecssary accumuletion of money in the banis of any agent. To make it more efficient the agents should ba required by law, to make quarterly re turns to, and settle their accounts with, that office The Commissioner of Petents, who communicates direct- ly to Congress, will, at an early day, report the operations of his bureau, By his indefatigable and anremitting exertions, system has been rastored, and tre business of his oflica ia now conéucted with much order and regularity. The number of applications ara constantly increasing, and the force, though augmented by the act of 186%, is #ti!l inenficient to bring up the old, and despatch with promptitude, the new business. As the public {s so deeply interested in the speesy examination of the appli. cations for patente, and fund for this purpose is so ample, every facility atch should be afforded. No complaint is heard against the integrity, skill, or competency of thoce diecharging the important duties of the bureau, but the delays incident to the smallness of the oper: force in the ofice, are vexatious and ex. Darratsing. Since the present Commissioner took charge of the bureau, the number of applications examined and patents issved have greatly increased. Still, from four to six montls, and in many cates a longer period unavoidably elapses, after the spplication is presented, before fina! action can be obtained. is a severe trial to the patience of the inventor, and ofiena serious loss to him, as well as the publis, The law requires the models and specimens of unpa- tenied inventions to be preserved and atranged in suita ble cases, Some of these are useful, as weil to ¢! ° yeators desirous of ascertaining whether their in have been anticipated, as to th ‘aminers in the dis of their duties. But re are many that rthless, and unfit for any purpose, In they represent contrivances altogether patentadle; in others, they are merely duplicates models previously deposited. Where application ia mace for a patent fora ign, merely, the practice under exis ws has been to allow the applicant to de- posit as bis model, a ‘imen of the article on which his design is to be placed, in its fullsize. Accordingly, a vast umber of stoves and other cumbersome articles have ac- cumulated to such an extent as to render it impoasible to comply with the law requiring them to be arranged ia cases, As space is of 60 much value acd importance to this bureau, these defects in the law should be remedied, and a more enlarged discretion given to the Commissioner, there being no danger of its abuse. Appeals from the decision of the Commissioner may be taken to the Chief Justice, or either of the Assistant Judges of the Circuit Court, of the District of Columbia. It is optiocai with the applicant to which of them he. will take’ bis appeal, and the adverse party cannot hare it de: cided by any of the others, although the Judge to whom the appeal was made, may be unable, from absence, age, or other infirmity, to hear thecase. The object of the sppellant may be delay, to enable him to infringe with impupity upon tl ri of the appelive; and the law as it now stands, affords him this opportunity, As such cases have occurred and may again arise, the evil should be semediad Durisg the past 5 7, the In¢ians have been more pac fic than was expected, few outbreaks hare occurred, aud the depredations committed by thore in new territories and along the ro utes to Oregon and California, have been comparatively small, By kin, humane and just treatment their condition may be improved, anc the hostile feeling so often manifestei by them, and so frequently engendered by & mischievous course of conduct on the part of the whites, aud the dereliction of duty of public officers may be subdued. If they ennnot be conci- Hated, soothed and civilized in this way, thay surely will’not be by coercion, oppression, and iujustice. Their attention should be diverted from e wild, predatory life, and, if possible, directed to agricultural pursuits. To give the Iudian stability of cheracter, to make him an independent, respynsible moral being, should be the stuly of thore who are entrusted with his guardianship. The time is rapidiy approaching when this must be the fixed policy of tue government, since their roaming dispo- sition cannot be gratified or tolerated cauch longer. Tueit territorial limits are daily becoming more circumscribed, and unless they learn the arts of husbandry, their condi few short years will be cestitute and degraded. r utter extermination must soon follow, number, witnin the limits of the United Stat estimat Mississippi river, principally ia New York, consin, North Carolina, Missiselppi, and Flo: ¢ in Minneso sloag our inser frontier to Those of the Plains and Rocky Mountains, are es. timate! at 63,000, and those in Texas at 29, 00; California, &t 100,000; Washington and Oregon, at 23 000; New Mexi- oo, at 45 000, and Utah, st 12,000. A formidable aumber of savages to centrol and proparly direct. By the act of Marc! 1855, fifty thousaad dollars were *ppropriated to evable the President to enter iute negoti- ations with the Incian tribes, west of the States of Mia eouri and lows, for the purpose of securing their assent to the settlement of the citicens of the United Staves upon the lands cisimed by them, and fer ths purpose of than were fold in corresponding quarters in 1350, 2961, and 1852 combine A like effect has been produced apon the sales of the @iternate rections reserved to the Uaiied States, wusrerer sGamilar grants have been made, Previous to the it for the construction of the Sault ‘Mee. Marie sales of landsin the Lake Superior were not large, amounting ‘n the second and third of 1852, to only 40,639 ecres; whereas, during corres; quarters ia 1855, after the canal was @ommenced, the sales increased to 69, ‘when the work is in 4 of construction. the increase will be greater whea the canal There can be eo i doubt of the sonstitutionalit re) ir ty. i the enhan: mt is com- y of The right to dona a ncement of the value of the residue, be justly questionad. The principle and acted upon for nearly thirty sears, has shown it to be productive of so much sound reason is perceived vn a it should now be It has been of incalculable importanos to West, and, either directly or indirectly, to al Projects bave been, and many others proba. be presented to Cor by imterested partion be difficult, practically, to discriminate between that are worthy and those that are not. Congress ‘Wii bave ail the facts in each case before it, and in its ‘Windom will decide as in similar oases of logisiatioa, By every grant specific, and throwing propsr gusrds, limitations around It, the ebject to be at- tained hey be Neoured, and pians snd combiaations | for mere pur; of speculation frastrated and d ' ‘Something is manitestiy due the hardy pio @ut whore labor, industry and enterprise, tae me ing or ® one w) not beeman eye witne: Gate the hardships and privations endured by thould certainly not hesitate to rel jut detriment tot . —— othe other particularly invited to the importance of present land system over the territories of New Mexico, with much modifications as the ewliar featores of t be, 28. ibe e coun prepa a tins i HE i if ; extinguishing their titles, iu whole or in part, to tase ‘ancs. Thia duty was committed to the Commissioner of Indian Affairs, who urdertook it at the earliest practi cable period, and bas made every effort to discharge it faithfully, and to accomplish the object for which the sppropriation was made. i journey through the section of ecuntry in question and bis interviews with the Indians, canaot fai to be of great value to im th ure discharge of bis duties. it is bel that his presenee made @ most favorable impression, and that the results of bis visit will prove beneficial to them and the governinent. Little doubt is ¢ tertained that early in the season, and ia time for Cong: to act upon the subjects connected with this territory,and to consummate the go, of th a detente treaties will be made with the Indians, suou arrangements entered into as wil’ satisfy them and gratify the poopl No effort #iil be spared to accomplish the object, as bureau and the department fully appreciate its value and importance. Some of the Creek Indians were indieted in the federal court in Arkansas, for introducing or vending spirituous liquors in tha Indian country. The Marshal of the Western district of that State arrested them under pro cess from that court, and they were rescued from his custody. Many of the Indiana have banded together, and are determine! to resist the execution of the writs, on the ground, that by their own laws, the same Indians have beea alrearly tried and pupished; and nat it is ua just, and contrary to the spirit of our own iastitutions, to put them upon trial a second time for the same ence he excitement and exasperation of the Indians was #0 great and alerming, that the Superintendent of Ind Affaire for that district appealed to the officer, and quested bim to suspend proceedings un' ould con sult and advise with thix department. done, or leclering that it had aeither tl thority, nor the disposition to interfere wi'b t! of the Judtclal tetbunals, nor to prevent the service or execution of any writ, which bad Jawfully issued, the department “eee to the ant the District Attorney ing charge of the in! ents, the propriety of oo) ing, as far as war compatible with their renee of duty, with the Superiztendset and other Ind.ac agents in their efforts to calm the tronbles which ex role, BAW ORAS Geel bul Coupe uoNl emoUg Loe wadiceted, The laws of most of the Indian tribes are severe upon this subject, and enforced and executed with rigor. It would, therefore, be far better, to it to con- trol it, than to introduce conflict of jurisdiction, which might lead to dieastrous consequences. —~ Although it is donbted whether the federal courts hare cognizance of such offences, when committed by Indiaus, yet Congress should interpose and relieve the question from all doubt. The ireue of warrants to Indi under the beunty land laws, has been suspended, and 9 Congress expressly thorizes it, they will hereafter be disaliowed. It is questionable w r the Indiana engaged ie the service of the government, in avy of our , Severed, or iatend- ed to sever, their nection of the tribes to which they belonged. So they continue members of a tribe, their individual appears to be in their tribal character: and whatever is due from government for service, belongs to the trite. They are, moreover, ina state of pupilage; the govern ment is their guardian, and bound to protect them against the superior intelligence and sagacity of the white man, Atcogs many Warrants were issued previous to the question brought to my notice, it may be safely as sumed that with the exception of a few of the Stockbric ges, searcely a solitary entry has been made by an Indian under the rcrip or warrants issued to him. ‘There is no positive proof of the fact, but itis the be- Kief of those who have diligently inquired into it, that wherever a1 po arrants have been issued to individual Indians, they have been defrauded of them. If they are entitled to say such gratuity, sound mo- relity as well as justice to them, requires that some legal ‘and different provision be made. It is estimated that there were upwards of seventhou- sand Indians, whose militery service might entitle them to bounty lads. Supposing their claims to average eighty acres each, the aggregate amount would exceed 560,000 acres. The effort to remove the remnant of the Seminole In- Florida, tbrough the instrumentality of » ent, proved abortive, notwithstanding it is al- ‘some $50,000 were expended in the attempt. As it was supposed & military force wouli be npoyenes effect thelr removal, the duty was transferred to the War Department. Iconcur with the Commissioner of Indian Affairs in the recommendation, that the Indians be colonized in suitable locations of limited extent, and distant from white settlements, In connection with it, a system of edeestion, commensurate with their position and wants, should be introduced and efficiently prosecuted, ‘The agents in Texas are desirous of providing suits ble places for the Indians in that State; many of the Indisas themselves are anxious for the edoption of this system, and all weuld probably econ submit to it. Although the agents have selected locations, they cannot be fixed without the consent cf, and a cession by that State, with me fe arrangements should be made as soon as practi- cable, The plan for removi the Indians in California to five military reservations, of not more than twenty-five thou- sard acres each, anc subsisting them there, having been approved, instructions for carrying it into effec: were promptly given to the Superintendent of Indian Affairs for that State. His success has not been such as was ex- pected, difficulties preeenting themselves which were not anticipated. It appears that suitable locations cannot be made in the northern part of California for the In- dians in that region, Snflicient territory for the pur pose, belonging to the general government, cannot bs found; acd in order to accomplish the object designed, it will be necessary to make extensive purchases of lands from private individuals, at great expense It is also questionable whether, before the revervations sre permanently made, the State sheuld not it to the gereral gc vernment the right to exerci’e j uzisdiction over them. If the plan adeptedis to be pursued it ehould be enlarged, greater powers given for its execulion, and raore ample means provided for its successful operation. It isa subject which dererves the prompt attention ard speedy sction of Congress. Immediately alter taking charge of the cepartment, I caused instructions to be issued to the superintendents ard agents of the Indians to pay the acnuitiss to them, per capitc, unless contrary to treaty stipulations, and in Do case to pay any portion to other claimants or attor- reys. Experience has taught the wisdom of this measure, aud Iam persneded it has prevented much fraud and un- fair dealing. If continued, it will tend to banish that feeling of aeperity so often exhibited by the Indian to- wards the white man, arising from the ceceptions prac- tised upon him. If the Indian has just claims against the government, it is the duty of the Indian Bureau and those under its con. trol to exemine into them, aud when ascertained, to press their speedy adjustment. Congress will do them justice when the facts ,are properly brought to their notice and contiderstion. ‘The system of cash annuity payments, except to a few of the semi civilised or colonized tribes, should, as far as practicable, be abolished; goods, provisions, implements | of husbandry, should be substituted, and educetion and | the arts of civilization more generally encouraged. They know not, especially the hunter tribés, the proper use of of money, The mere Crawing together of large of men, women and children, to receive their an- nuities, fs detrimental to their habits, health and morals, and the money may be viewed as an actual bonus for their destruction. One of the most prominent characteristics of the Indian, especially in the huster State, is improvidence—a surfeit to-day is followed by famine to morrow; hence, notwith- stancing the vast amount of goods and money annually Gistributed among them, they are often reduced to the greatest extremity, and itis feared, sometimes actually Perish for want of food and elothi ‘he quantity furnish €d is believed to de ample, but the mode of distributing fails to accomplish the object intenced. To obviate the difficulty and remedy this great evil, it has been sug gested that, vith the assent of the Indians, storehousas might be established at suitable points in their midst, from which the agents of the government could distribute goods and provisior equiralent to the amount stiplated in the treaties, in quantities and to individuals as ueeded, with such arm smmunition as might be judicious. There is much force in the suggestion, and the cost cf the experiment would be trifling. e comfort and preserva- tion of the Indian requires that a different method from that heretofore pursued should be adopted. The only ob- stacle in the way of immediately testing the plan propos- ed, is the existing treaties, and the difliculty of obtainin the consent of the Indians, so long aa they are intluence by those having an adverse interest It is folly to attempt to conceal the fact that, under the present syatem, the Indian has not, for many years past, advanced in morality, integrity or intelligence. The pic: tures drawn in mi ad of the reports, of his exalted condi- tion, superior intelligence, and increaging knowledga, have been too highly colored. Much of the philanthropy and charity manifested for them has been wrongly directed. Their condition is truly deplorable. In the act for the organization of the Territory of Washington, no provision was made for the appointment of Indian agents to reside thereim. I advert to the fact to the end that the omission may be supplied. | The operations of the Census office have been conform: ed to the provisions of the joint resolution of the last ses- sion of Congres: ‘The present superintencent has exhibiteda most com- mendable spirit; entering upon the discharge of his daties with a laudable z¢ mest of bis c.erk: a their combined industry, skill, and intelligence, the work has been nearly cencluded, snd there yet remains, unexpended, of the last appropriation nd for Census purposes, upwards of sixteen thousand dollars, | Tie Census yolume, it isnow hoped will be completed, 80 that ecpies may be laid cn the tables of the members on the assembling of Congress, The su which, | rest and importance. Nothing further hasbeen done with that part of the Mexican bonndary survey, which lies west of, the so teri ed, initial point, on the Rio Grande. tion did not apply to it, nor was any portion of it iatended to be so expenced. The question of the south éary of New Mexico having become # subject of negotia- tion betweea the two governments, has been transierred to the State Department. ‘The work in the field om the undisputed portion of the boundary has been completed, and nothing remains to be Gone but the cifice work. Much progress has been made in this, and with an ade- ate spprepriation, it can be finished ‘in the course of the next eighteen months, if the data nesessary to com- pare aud reduce the observations for longitude, made by ‘the purveyor and his assistants, can be obtained ‘The maps after they (are completed, are to he com- pared with the Mexican inaps, and signed by the Commi’ sioner and Surveyor. As the Mexican commission has progressed less rapidly, and it is uncertain when its work will be finished, our commission should not expire bsfore the maps are fully completed and signee, agreeably to the stipulations of the treaty. The act of 1653should be modi- fied accordingly. in which he has beem emuiated by | \rereoe| proposes to make a further report, | ave no doubt, will contain suggestions of inte- | | Sharp, and a cross team, a black anda grey, to a 950 Ib. The appropria- + boun- | It is understood that an agreement was entered into | be. ween the former commistioner (Mr. Bartlett,) and the | Mexican commissioner, by which the joint commiesion was to meet on the fires day of April next, in the city of | Mexico. The department does not know the object of thia arrangement, but presume it is necessary to perfect the rurvey. As the city of Mexico is far remote from the boundary itself, and possesses few or none of the facilit cuting or expediting the work, even if ‘the Mexi- cap commission could be prepared, it w great celay, and cost our government « useless expenditur was not agreemgnt, Had he done so it would still have been without au‘ bority, ae our commission was, by law, to ex pire on the first day of January, 1863, Even under the present law the proposed meeting oarnot take place ou the first day of April, 1984, inasmuch as our commission oy . by law, on that very day. here yet remains uopaid, » number of ¢cebts of the last commission on this survey, which are of 2 mont pressing character, and should be paid, The emount 10- quired to liquidate them, cannot, at present, be ascer- tained. When the necessary information is received sa *ppropristion will be asked for. Jseat credit isdue to the present Commissioner and Survayor, and the employees under them. They hare acted harmoniously, and Uucharged their duties faithful. ly. By their zeal, energy and endurance, they have ac complirhed in some seven months, what it wan supposed id require a much longer time, and have also kept thin the limit of the appropriation. I have inspected the progress of the maps acd drawings of the survey, and being satisfied that their publication will impart valuable information and illustrate the physi- cal geography of an extensive region of country, now lit- tle known, I recommend that Congress mate provision for the commencement of the engravings for the work under upervision of this department. Under the appropriation ‘of $30,000, the constraction of a bridge across the Potomac at the Little Falis, was placed under the manegement and supervision of an officer of the corps of Topographical Eogineers. The plan of an iron rurpension truss bridge, was adopted as the most — for the locality and the permanent wants of the c. Pith stone piers, will be completed, #0 aa to prrmit the | passsge of vebicies, early the comimg witter. Ths engi meer recommends that thir atractuce be extended across to the main shore in the District, ia order to make the | whole permanent, and estimates the additional anount | reqaired at $75,000, This is mere than it was be me | the work would cost, but the extraordinary rise of lxbor and materials, and the unexpested difvealtien that con- | stantly existed in its progress have convinead th intending engireer that it cannot be eonstrut The Distriet of Columbia requires and merite ¢ ing enre of the general government It is true, been expenced open publie improvements Atuiie, Bul Ubey ase invaiuavic Ww tne cong Dowie vi tke quirement There are lew Wat wow arge and The surveyor, how: i t Two spans of one hundred and sixty feet each, | | about the fatrnes | their friends . | Buckle | charming ope: adciticnal public odie the i weiner Seer een e lavy ce! of o this de ecaemey cankte conatrurted: connection with each other, at an expense not excending three millions of dollars. The present build: are uot fire preof, and the de- struction of either of fire, to which they are con- stantly exposed, and fm which there is little to protect them, wi be » fez greater leas to the government, even in » pecuniary peint of view. Much inconvenience and embarrassment are experienced by this deparcment, as well as most of the bureaus under its charge, in uence of their distance from it, That freedom and intercourse which is heya Sergranped to the proper discharge of the duties, incumbent on each, capnot exist. Questions of moment are constantly aris- ing that might be sonsidered and decided Promptly, ond without consuming much time, if the head of the pyc ment and the chief of the bureau having charge of the could read ly and conveniently consult together. This, however, is not the most serious objection to the present positicn of those bureaus. The Indian office is in the War Se tinny and occujies rooms which are not ey are bay ded. numbe! ra! instances, to crowd eight or nine the gesks, paper cases, ordinary furniture, into single room, where more than two clerks canrét conveniently be accommodated. In consequence of this, and the want of proper ventilation, the health of the clerks is impaired and their ability te labor much di- minished, The files and papers have 0 rapidly that, for want of space, many cases of valuable papers are placed in the passages, where there is not that secu: rity fiom fire which is requisite. The Pension Office is in a better situation, but it occu- ies inconvenient and uncomfortable quarters, belonging the War Department. be Indian and Land bureaus must be removed, and e only question appears to be whether the west wing of the Patent Office puilding shall be fitted up, tor the temporary accommodation of these bureaus, or they be pliced in the rented buildir ge, not fire proof, thus expo- ring to imminent peril papers of irzmense value to the general government, the States, and private individuals. This buildirg may be so finished within a year, and, until s suitable structure can be erected for this depart- ment, it will not be required by the Patent Cflice. Some opposition has been made, heretofore, to » somewhat similar proposition, but this it is presumed was based on the erroreous supposition that the cost of the entire structure bad been defrayed out of the patent fand. Tre amount thus far expended an sppropriated, is $1,867,750, of which $1,048,150 has been paid out of the treasury, and only $219,000 out of the patent fund. Such being the fact, there is no reason why a portion of it skould not be temporarily used as proposed, until needed by the Patent Ofice. If this should even some- wha! incommode that office, it would be of smg!l mo- ment, in.comparison with the evils that migit result from withholding the use of it from the bureaus. Skil- fu) artizans are of the opinion that the necessary im- provements can be easily made without interfering with, or injuring the original design. Unless, therefore, Congress by express enactment otherwise determines, I intend to di- rect the completion of the west wing so as to accommodate theee bureaus and secure the public archives. Within a few building and meant Piste, the Patent Ofice will need the main the two wings for its exclusive use. In the structure ehould be erected for this depart- it consumes much time to complete such » sound policy would induce its immediate com: One suficiently large and commodious, and entirely separated from tl ther departments, can be con- structed in a plain substantial manner for $359 000, and ia the most approved style, with all the modern improvements, for lese than half a million Surely, at this time, there can be no more proper or profityble application of the publio y. ‘The considerations urging it are strong and avpa- i cannot fail to convince every je vt of ite absolute necessity, Application n eession of Congress, for repahing the bridges crossing tho Potomac, from Wash ington city. Although, in the aggregate, a large amount has ‘been expended on them, they are in 2 most unéate and inee- cure condition, Permanens and substantial structures are required, and Gught to be erected. In the end it will prove » saving to the government, and, in the meantime, conduce sreatly to its interests and the benedit of all who aro, in any Wise, connected with thie district, ‘The plan adopted for improvirg and ornamenting the pub- lic grounds, should vigerously prosecuted. 1t will con- to the health, as well as groatiy add tothe beauty of the city. BeThese and other improvements that might be sted, are required, They are not merely for the it of the people ot the District, but they minister ploasure, com- fort, and health of every one who visits it. This is the metro- polis cf the Union, and the pride and ambition of its repre- sentatives, should ‘induce them to make it worthy of # groat nation. In regard to all such objects, a liberal policy should be pursued, and at least all Improvements should bo made which the public service imperatively di ds, ‘The\supervisory power possessed by this department over{the accounts of the marshals, clerks, and other officers of the courts of the United States, should be transforred to, and be exercised by the Attorney General. Itis of the same cha- racter of the powers already introsted to him, and stems ap- Proprintely to appertain to bis efice, ‘The commissions of officers connected with this depart- easury departments, Secretary the commissions to be of the Interior to make out amd sei ed by the President, of all officers under the control of department. It is’proper in itself, would be far more convenient, and obviate the delays necetsarily incident to the 1gbuing of such commissions by the other departments In au act of Conarets, approved Slet August, 1592, provision was made to enable the Secretary of the Anterior, under the Girection of the President, to puechase a site in'the nei borhood of WaaLizgton tor.the erecti up of an seylum fur the insane of t otthe Uai nishieg and fi.tting istrict of Columbia, s wes p2rcha ilding adopt- to my taking charge of the department. Owing to jeulty of obtaining suitable mechanics and materials, eosed fupidiy. It is hoped, however, be completed and prepared for the re- of August next. oll and faithfully executed. 1 exhibit of the esti- jor the sorviee of this department for the nex’ year. Pwould respectfully suggest tho expediency of s revision ofthe salaries of the Judges of the District Courts of the United States, which are now unequal, and some cases wholly in: uate to the amount importance of the di ties to be performed and the professional knowledge and abi- lite require : Trave the henor to be, with great respect: your obedient servant, (Bigned,) R. McCLELLAND, Seo, ‘Te the President. ed, 1 thé dig the work bas not pro that the building wil ception of patients by the fi dbus far the work oas b Accompanying this repo mates of the approt Sporting Intelligence. THE GREAT COACH RACE. The sporting world will doubtless be gratified to learh that something new bas been introduced into the ‘‘an- nals of the turf,” which has never, we believe, been at- tempted even in Kngland, the-home of field sports. On Wednesday night, Deo. 7th, a great match of two miles ard repeat was ran over the Broadway course. The time, considering the great weight carried, and the badcondition of the track, which was very stoney, was very extraordinary, Toe hour fixed for starting was immediately upon the breaking up of the Board of Aldermen at about eight o’clock, First Heat—The horses came up to the s!and—the Park coach stand—in good order; two bays driven by Jim, toa 1,000 1, coach, carrying inside Messrs. Dougherty and coach, driven by Jack, carrying Messrs, Stewart, Gilsey ‘and Hilton, Dougherty and Sharp bad the pole—an om- nibus pole which ran into the back of the coach—but Stewart, Gilsey and Hilton led off by about their three necka ahead, ata four miaute gait, and that pace was kept up, the bays gainiog ground’ slowly to the Mayor's honse in Kast Broadway, where a pause was made, Time 73 nd Heat—Stewart, Gilsey and Hilton again got the start by three lengths; Sharp and Dougherty Coal them at the quarter pole—a barber's pole in Grand street—but were flung off again. The pace here was tremendous, both teams being at full run,but the greater weight proved too much for the cross team, which were, in the opiaion of the sporting world, the better nags, and Sharp and Dougherty came in first, amid tremendous excitement, to the stand in Tenth street. ‘ime 8: Third Heat—The second heat yl the rase. The horses very tired and blowing sadly, drivers also blowing —their fingers to keep them warm—started at the rate of four miles an hour,and both teams soon droppsd into = walk, when it was so dark that our reporter left, ‘The bays won the stakes, butas there is some dispute f the race, we refer our reaters to the cards of the leaders on both sides, published in the papers yesterday. Theatrical and Musical. Bowery THeatke —** Damon and ah Scott and Mr. Eddy in the principal parts Dealer’? and “The Toodles,”’ with Sr. Char up the bill for this evening. Broapway THratRE —Mica Davenport mates her last appearance in this city for the present, and plays Camilla in the new piece which was produced last evening. Mr. Collins appears on Monday. Berton’s Turatre —'* The Fox Hant’’ will complete the third week of its successful run, this evening. ‘The Old Dutch Governor,”’ in which Mr. Burton plays one of his funniest parts, is also included in the bab A new farce is in preparation. Navona, Toearwe.—' Uncle Tom’s Cabin’ is to be played thie afternoon and evening, so that all classer, strangers a4 well as citizens, may have an opportunity of teeing it. WALLack's THEATRE.—The talented company Appear in “The Road to Ruin”? and “The Review,” this evening. ‘These pieces are hadi» layed for the last time for Present, asa new iy into be prodaced om Mond Barnca's Mvsrum.—The drama founded upon “Uncle Tom’s Cabin’ is to be played this afternoon at two o’clock, and this evening at seven. The scenery and ap- pointments are allnew. The rarious ouriositios are a to be seon without extra charge. Bowery Cinovs.—Capital bills are announced for this afternoon and evening. Mdme. Franconi, Emma Nathans, Frank Pastor, and many others will appear. » with, Mr. dl “The Wool jos Burke, make Tae Broapway Mvskcm anv Maxacrure will be open all day and du: thisevening, It is located No. 887 Broad- way Tee the Siamese Twins are among the curiosities on 10, Bury gives @ performance at Stuyvenant Institute to- day, expecially for the entertainment of his javenile friends. Also one in the evening, Both will be good, Panntam.—The Seven Mile Mirror is still No. 668 Broadway, Go and see it. ee Mg eid badd out ace N84 etd for this evening, and the admirers of his excel be i fill the hal Broadway. ene Sy een Woon's Mixernets —This company eontinue to amuse No. 444 Broadway. Their programme for to night’s concert is worthy of particular attention. Bvcktsy's Several new sorgs are included in the programme ‘or this evening. Also weveral tie nelections. On the Oth rit, the bill proviring for the conrtrnstion of Lhe Miemaripp! aod Pecrtic railreas was read in ue Sebnic v: Toape & moved ume, and relerced, } SUPERIOR COURT. Before Judge Oakley. ONCLUSION OF THE FOURTH DAY. The following are the depositions of Signor @isto Bene- detti and Madame Teresa Troffi Benedetti, mentioned yesterday as baving read prior to the adjouernmat of the court:— DEPOSITION OF MADAME TRUFFI BENEDETTI. The examination of Theresa Trufii Benede:ti produced, sworn, and examined conditionally, on the part of the ds- fendant, in pursuance of the Soregcing, cone in the above entitled cause. New York, June 12, 1852. Q. Are you acquainted with Edward P. Fry, the plain: tiff, and if so, how long have you been acquainted with him? A. Yes, lam, have known him since May, 1847 or 1848; 1 entered into an e1 ent with Mr. Fry on the first of October, 1848: my first performance for hin was at a concert given by him at the Tabernacle, in the city of New York, on the second of October, 1848. Q. Where did you mext perform for Mr. Fry? A. In iladelphia. ie How long after the concert at the Tabermacle? A. Three days. . When were you notified to go to Philadelphia to per fora? A. From deren to half past eleven o’clock on the evening of the concert. ae ‘yeu go to Philadelphia on the following day, and at what hour’ A, I went the next day, in the afternoon train; Iwas sick; the weather was awful, raining very much. Q. How long did you continue to be ill after you arrived in Philadelphia? ‘A. Frem ten to twelve days; I ar- rived at half past ten o’clock in the evening at Phi ladelphia, and I was next mor to rehearse ‘‘Norma;”” and agaimon the same day, in the evaning; and on the following day I went to rehearsal again, in the morning, and performed in the opera of ‘‘Norma”’ the same night Q. Did Mr. Fry know that you were ill? A. Certainly, he knew that I was sick, but he did not believe that J was real rye you inform Mr. Fry that informed Mr. Fry as well as Mr. M the opera, as he was represented to me by Mr. Fry. Q Wee you able to go through with the performance of the opere of ‘‘Norma’’ on the evening last referred to? A. No, I had to leave the stage after the first allegro of the cavatina:; this was in the first act. Q. Did you resume or were youable to perform your part in the opera that night, and if not, state the reasons why. A. No, because I was very sick, and 1 fainted as toon ss | went into my dressingroom, and sent for Ben- edetti to call @ carriage for me and torend me home; Thad a fever; I performed again in Philadelphia three or four days after my illness; I performed “Norma, although I was not entirely cured, but to please Mr. Fry. Q. When you returned to New York, did send a letter to the defen ‘ant to be published in the Hxrarp? A. Yes, I did end it, because, arriving in New York, I found that the newspapers which I had read in Philadelphia, too, were against me, and my letter was sent for the purpose of giving the public aftrue statement of my sickness, and also of what happe during my engazement with Mr. od. Fry at that pe: . Please look at the printed extract marked (a), ard say whether it is a true copy of your aforesaid letier to the defendant ? A. Yea sir, it is. Q. Have you the original letter in your possession or under your control? A. No. Q. Are the statements contained in your aforesaid letter true? A, Yes, they are right and true. Q. Did you have eny conversation with the defendant in regard to the publication of that letter before i; was were ill? A, Yes, I trek, the a ctor of pow inthe Hxkatp, or have you since conversed with | im on the subject? A. Neither before nor after. Q. When and where was the letter written? A, At the Union Place Hotel, in this city, I can’t tell the pracise day it was written, butit was before my delu in ‘Lucrezia Borgia’ at the Astor Place House, and soon after my re. turn from Philadelphia. I sent the letter in the alter- noon, by a domestic ¢f the hotel, and on the next morn- ing it was published in the paper, Q. De you remember in what newspapers here or in Pkiladelphia, you sawithe attacks upon you which you kave spoken of? A. The Pennsylvanian and almost all the Philadelphia paper ithe same with the newspapers in New York, and I must except the Sunday A/las, in which it was said that they did not want to publish the letter sent by the eabees of Mr. Fry against me, as they knew me, and could not believe the statement made in the letter sent to them to be published injurious to my character a8 2 woman and an artist. The whole answer objected to, as being made leading, and because the papers are not produced. Q. Did you see any article of that description or tenor in the Herarp? [Objected to unless the Hist is pro- soced A, No. Q. How long have you been enga, in the profession of singing 2s prima conna in the Italian opera? A. About five years in America; about eight years in all. Q. In what cities have you sung, and at what opera houses, and under whom as managers? A. At Rome, Tarin, Oremona, Bergamo; in New York, Philadelphia and Bosten, Charleston, Baltimore, Augusta, and other places; in Italy, at the Argentine theatre; in Rome, the Concordia in Cremona, Carrigniano in Turin, and in different thea- tres in America; one of the managers in Italy was Lenari, another was Fawalli, and others whom I don’t remember. Q. From your experience as an artist in the different theatres, are you able to testify ss to the qualifications and firmness of s person to manage snd conduct an opera bouse such asthe Astor place opera house? A. I think myself able to judge of the qualifications of a 37 to condust an opera house; they aré many and many, but the principal one is that the manager has to like his artsts all the same, and not to put dowa any artist of bis company to elevate another of the same con} ny. Q. How long cid you continue to sing under Peey’s management? Q. months. Q Mr. Fry qualified to manage the Astor place optra Louse? A. I say no. Cross-examimd by plaintif—Q. Look at the contract now produced and shown to you @ copy of which is heret> annexed, marked ‘Exhibit A,” and the signature thereto of Theresa Truffi, and say whether the same is rot your signature, and is not thecontract that you made AAS Mr. Fry? A. Yes, it is the contract end my sig- mature, Q. Has not Mr. Fry faithfully performed the engage- ment of that eontract with you? A, About money mat- you wieh to make that urs, yes. Q. What exceptions, if nde he did not perform? ‘A. In having treated me badly, by Geconmerng nevenerets to speak against me. Q. Anything else? A. That is enough; Mc. Fry was not in my custody, but what I know is that articles were written and published in the papers against me; and I know, also, that ro manager, except when it is done or ordered by himself, would allow to be published articles against his own artis(cs; it is not on this account only, but L really believe this was done by the management of M:. Fry, because, the first night on which ‘Lucrezia Borgia” was performed at the Astor Place Opera, Mr. Fry and Mr. Coit came to see me in my bate aa and Mr. Coit told me that he regretted to see my letter in the Henatp, and I answered it was not my fault, but thatof Mr. Fry, who allowed his brother to write articles sgainst me in Ptiladelphia, to which Mr. Fry did not oply, but laughed, end of course 1 ought to believe that MM. ¥ry was the guilty percon. Q. Have you any other resson to believe that Mr. Fry caused articles to be written and published in ths papers against you than the reasona ycu bare already given? A. Certainly I have no other reason except that Mr. Fry did not exonerate himself from the accusation I made against him in prerence of Ccit; if he had not been guilty, he would have made some excuses ; therefore I firmly ba- Heve that he (Mr. Fry) either did, or caused to be done, the articles against me in the newspapera, Do you really believe that Mr. Fry’s brother ever nj article in & newspaper agains! you and if £0, when? A. I heve already ssid in Philadelphia; stated that this occurred in Philadelphia, Wy the brother of Mr. Fry axd mg reason for saying so ia, that I saw Mr. Fry’s brother hissing me at the second performance of ‘Norms’ at Philaaelphia, when I pre- sented myself upon the stage. Q, What newspaper or newsprpers do you refer to in Philadelphia ? A. I eaic before in the Pennsylvanian, and almort al) the rest, but I can’t recollect the names. Q What was the purport of the articles against you? A. They epoke badly of me about my siaging, and my de- portment as an artist. . What do you mean by deportment as an artist? A. On account of the newspapers saying that I was rulniog Mr. Fry by my cxprices, end that [ sung badly ia purpose, when on the contrary Mr, Fry knew that Iwas really sick, and tiat the doctor, Mr. Lagus, told him in my own pre- gence ihat I wae really sick. Q. Can you mention any newspaper in New York, by name, that spoke against you? A, The Zrilwne and the Courier anc Enquirer, Iremember, before my card appear: @d in the Hexary; thore ave all that [ remember by nar ¢. Q. What was the first opera given to you to rehearse at the commencement of your engagement? A. “Norma.” About how long was this before the concsrt was given at the Tabernacle? A. About tyo weeks @. Do you recollect about how many rehearsals of ‘“Nor- il as had before you went to Philadelphia? A. Five or six, Q. When the opera was given to you to rehearee, was it not generally understood by yourself and the members ofthe company, that a concert was to be given at the Taberpacte, and thet the company were then to’ proesed to Philadelphia, and thst ‘‘Norma’’ was to be the firat opera played there? A. No; 1 did not know whether Mr. Fry had relected New York or Philadelphia for the pro- duction of “Norma,” and I did not know that “Norma”? was the first open to be given, but I heard it wuld i: probably would be the first. Q. When did you first understand that the company in New York were to go Ra to commence in opera there? A. A week before the first rehearsal of “Norma” ut the pianoforte. Q. About how long was this previous to the concert? A. Aboat a week before the concert, I have said, at the Tabernicle. Q. You mentioned that you had a notice to go to Phile- éelphia given to you in the evening of the coneert at the Taterpacle; about what time in the evening did you re- ceive it? A. At bulf-past 11 o'clock Q. Was it printed or written? Printed. Q. Was it the sume as tha notice given to Benedetti? A. I don’t know, because I don’t attend to other peoplo’s busines, Q. Did the notice require you to go to Phi'adelphia nt 9 o’clock next mornin; A. Yes, but [cid not go beouuse I had not time to gad my trunks to be ready at the hour apecified in the notice. Q. Do you recollect that the opera of “Norma” was an- pounced to LB id ‘med on Weénesday evening but was poned until Thursday evening, when you performed in it? A Yen; [ requested it on account of my severe ill- ness;] requested it to be postponed three or four days after the time advertised, but I wue bound by the manage- ment to perform it on Thursd Q. Do you recollect that you were notited that a re- hear al of i’ would take place in Philadelphia om Tuetday evening of the day succeeding the day of the oon: cert atthe Tabernacle in New York? A. You sir, but it ‘was impossible for me to go to the rehearsal, aa I arrived in Philadelphia on Tuesday evening late, and [ was very sick, and the weather was awfully stormy and rainy. rtion of the er abou; sickness and weather ‘objected to ar irresponsive by plaintiff. Q. Previous to the evening when the opera ef “Norma’’ wat first performed in Fhiadelphia, did you at any time converre with Mr. Fry on the subject of your imess? a. You, wir, roporttion, % Ween and where? A. Ip tbe uhestre at the rebsag- + Feser, aad that he wanted the Tat it be ine me, and said, never mind, “you ontube ou send for him or he send foryou? A, 1 sent Q. Who did you send? A. A servant of the theatre. Q. At what rehearsal was this? ‘ heareal, seting that Leould not goon” “* Me cues Q On what day ‘was the second rehearsal? A. I don’t ne place bes on this occasion, as near as you Mr. Fry that I could not go om health was at the time, and that I three or four days rest to recover to proceed with Norma; to which Mr, Fry replied that he had already postp ned the opera one day, and that {t was absolutely necessary to ge on on Thursday, and requested me to perform Norma the best I could. ‘A. Mr. Maretzek was present; I don’t recollect any one else. ‘A. I had another conversation with Mr. Fry om that subject on Thursday morning, ths day on which ‘Norma’? ‘was performed in the ing. A A. Lrepeated to Mr. Fry that it was impossible for me. perform in the opera of “Norma” that evening; I sald this to him while I was on the stage, and I spoke loud enough to be heard by all the membera of the company preset at the time; Mr. Fry said it was impossible not perform, and that { ought to sing. . Q. About what time was it on Thursday evening tha’ ou stopped in the performance of Norma, and retired from the stage? A. As I fainted, I could not look at my, ‘watch and see the time, 9 Q. When you left the stage did you not bow to the au¢ ience and retire? A. I made a sign to the public, with my hani to my throat, denoting that 1 was sick, and could not proceed any farther. Q. Did Mr. Fry s6e you in your dressingroom after this? A. He came after some time, while I was waiting for my carriage, to go home. Q. How long after you retired from the stage was {> that Mr. Fry taw you in your dressingroom? A, After I recovered from my faintness, and had taken off my cose, ‘tume of Norma and dressed myself to go home. Q. Please state how long it required for all this'to taki place. A. It ‘is impossible for me to say precisely t time; 1 was too sick and agitated at the time to ix my mind upon the time that elapsed, ‘A, don't know. Q. Was any one else prorent when Mr. Fry saw you after you relired from the singe? A. My mother waa there, aed many of tie chorus, terrified with my illness, Q How long was it after you had retired from the stage that you first saw Boneditti? A. 1 don’t remember, ‘@. Can you mention the name of any one wh» was pra- sent besides your mother, at the time you say you faint, ed? A. No, I cannot, Q. Do you recollect the name of any perton who wa present at the time when Mr. Fry first caw you, after you retived from the stage’ A. My mother only, but J can- not remember the names of any of the othe: Q. Did Beneditti procure w carriage for you to go home with? A. I requested him to do so, and a carriags dane, Q. Who accompanied you home on thatevening. A My mother, Benedetti and Rossi, allin the same carriaze, Q, Did Doctor Lagus eall upon you the same evening or the next morning’ A. On te same evening. Q. Who wrote the letter you say you sent to the Nave York Heratp? A. I wrote it in Italian, anda friend of mine translated it. Q. What was the name of the person who translated it? A. I declixe-to give the name. ‘Q. Will you siate your reasons for declining to give the name? A, Becausé I am not bound to give it, Q. Any other reason? A. No, «. Did any body else tel! you that you are not bound to give it? A, Nobody, only my good sense, «, Did you write the card in Italian, unassisted and without any one else being present? A. The card was written by myself alone: I iad no need of any assistance, and I do not want to let any one else know my business, with the exception of tho {riond whom I requested to translate it. Q. Was that friend an Amarican? A. You must allow me not to answer. Q. Was he connected withany newspaper? A. I don’$ know. Q. Do you know who wrote Benedetti’s card? A, No: nobody else except himself, Q. Do you mean to be underatood that he wrote it in English?" A I don’t know, and I did mot care for the business of Benedetti Q. Do you recollect when the opera of ‘‘ Norma” was given you to study, that you o»jected to take the part A. I took my part, and I did not object to it. ‘A, I declined to take the part of Norma in New York, Deciuse that part had been taken away from me for # caprice by the management, and given to somebody with the intenton of raining me as an artist. Before the part had been given to aay one else in precisely the conversation that took ween yourself and Mr. ay can recollect? A. I tol in te in which m} ele New York, after you bad returned from Philadelphia, did ou not decline to take the part? A. Never; I performed Norma in Philadeipliia three times. Q, After yoa had performed in the opera of ‘Norma’? im Philadelphia, and had returned to New York before any- one else had sang the part of Norma in New York, did you not refuse to sing it? A. No, I did not refuse it. Q. Did you ray that you would perform it when re- quested? A. I did net ssy anything on the subject, knowing that the manager had thé right to give suck operas as be had @ wind to. Q. Did not yourself,;and Rosai and Benedetti all decline at first to sing at the concert at the Tabernacle? A. I at firet declined to sing at the concert, because the billa- for the concert announced it to be given by Mr. Strakosch, and as I was engaged by Mr. Fry, and I declined to sing: for anybody else ; 1 don’t know about Rosai and Benedetti ; thei iners was not mine. Q. Had not yourself, and Rosi and Bereditti always rformed in the sume company together since you have en in this country, previous to your engagement with wan harey ete rab friendly terms, si lave you no‘ always been on fr inde you grivel teal country with Benedesi? a? Yes, and be is now my husband. Q Are you scquainted with Mr. and Mrs. Bennett? A. I saw Mr. Bennett oly onee, and that was before £ was engaged by Mr. Fry ; I saw Mrs. Bennett also once oe orzO8 and also waa before my engagement with ry. Q. Didnot yourself, Rogsi and Ber edetti, in the seammer off1848, reside near Mr. Bennett, at Hastings ? I was visiting in Bastings at the residence of Mi , and It remained there avout eight or ten day Bene- detti were there at the time. Q. How near to Mr. Bennett's was Mr. ————~’a rosi+ dence. A. It was the adjoining country reat. Q. How oon do you expect to return to Europe, and do you intend to return! A. Iintend to go day after to-1 orrow, in the Asia, aud my return depends on circum stances. TERESA TRUFFI BENEDETTI. SIGNOR BENEDPTTI'S DEPOSITION. 1am a singer; I know Ed. P. Fry; I became acquainted with him in New York, aad in the early part of 1847; I think it was before the failure of Sanquirico ani Patti; I believe he was a clerk in the house of Toensend & Rug: gles; he was not engaged in any musicsl enterprise, Q. Were you thes engagad aa a singer, if #0, where? A, With Sanquirico and Patti, at the Astor Place Opera Bouse, or at the Chambers t House, I don’t remembey distinctly which. Q. About that time did you have any conversation with Mr, E. P. ry seid to the opera of ‘Leonora,’ or any other matter connected with the performance of operas or mant cement of the opera? A. Yes sir. Q State what he said, A. When he spcke to me he said he would buy the costumes and music which 1 had bought from Messra. Sanautrico and Patti; I to hica of these, and told him thut I wished he woul companions, and I intended to lave some profit tale of rousic and costumes; Mr. G. A. Sacchi was the per- som who settled this affair; Fry engaged me and the rest of the company; he sent’ to me the partin “Leonora,” but we never lid any reiearsals; this was eating my en- gagement with him, and he sent to me a duett from the opera of “Leonora” while I was engnzed with Sanquirico and Patti: I and Beneventano only hac a private rebearea} of a duett, which liad been translated by Martini. Q. By whom was the opera of “Leonora” composed? A. By the brother of Mr Fry, the plaintiff; I don't know his first name; in Philadeiplia, wo firet performed opera at the Chestnut strest theatre, and previously we sang at a concert in New York at the Tabernacle, under the direc- tion of Mr, Fry; this was im the beginning of October, 1848; my engagement began on the first of the month. Q. When did you commence at the Chestnut street atve in Philadelphia f A. I believe it was on the fourth : the fifth of October, 1843; Truffi, Laborde, Piso and Patti, Mr. i Laborde, Mr. Valieilina, Mr Dubreuil, . Arnoldi and others in se. condary parte; Mr tists of the company of Mr Q. What was the fi in Philadelphia? A. Q Whe sustained the priacipal chi ma?? A. Trufli, Patti, Bonecetti and Valtellina; there were two or three releureais in Philadelphia, in which Troffi took part before the peformance, between the se- ond and third of October und the first performan:e; left New York for Philadelphia the day after the concert, at four in the afternoon of October 3; Trulli and. her mother were with mo, Q. How was the weatler’ A Awful; it rained a great deal and stormed; it began ia the morning and centiaued until night, when wo got to Pailadelphia, also alter we got there; Mr. Fry directed ma to leave New York ia the morning; he gave me notice the night previous at the concert at about eleven o'clock; I could not leave in the following morning becauaa I had not time to prepare my trunks; the morning train leaves at nine and the afternoen train st four o'clock. Q. What was the state of Trufi's health at that t'me A. Very sick. Q. pow long did that illness continue? A, More thaw & week, Q What was her stata of health during the rehearsal in “Norma” after she got to hiladelphia? A. She was always sick during these rehearasls, and she was sick on the night of the first performance of “Norms,” che was ox to leave the stage in Cp at of her illness; Truffi rehearsed ia two ala the day after she arvived—one in the morning and one in the evening; the theatre was cold at the time. Q. At what part of the to give up? A. After the oi Q. What next took plise « stage? A. She was very sick, ir. Rossi and rformanse was Traffi obliged, ‘tina in tha first act. ter she retired from the and they were obliged to are her |i ima carri Q. Did she away during the first ast, or immedi. ately afterwarday A. fainsted as soon as she got im the dressing room after the, fi t—the cavatioul mean, Q. Did you see and read aay censorious comments ia relation to Trafii's illness, or her performance on that that night in any of the Philadelphia or New York news- pers’ A. You I did; I first spoke with Mavetzek, the ler of the orchestra, about this, and told him to speak to Mr, Fry; I don’t recollect having a conversation with, Mr, Fry on the subject; sie was sick about a week after, and obliged to keep her bed; she had a physician by the pame of Lagus, a Frenchman, Q. Do you know anything concerning « certain letter from Signora Trufi, which was published shortly after the performance of Norma’ in Philidelphia, andit so, state what you know on thatnubject, A. Yeu, I he reason why Mies Truli sent the letter to be publis! the HeraLd was on account of some articles that ai * ed in the newspapers of New York and Philadelphia which wei aloat her; the letter which was sent to the Henavy was entirely uniform with the original; J, seeing the difference existing between myself, Misa Trufi, Rosi, and Mr, Fry, did, in my own name and in the names ef Trofi and Pi 1 to Mr. to separate ournelves inan amicable way from Mr. Fre thtaktee that it would )ave been more profitable for @sch party; Mr. Fry woul’ bad hing be was Lue wae arliats W carry throug . not accept this