The New York Herald Newspaper, December 21, 1853, Page 2

THE WAR UPON THE ADMINISTRATION. "Phe Cabinet Organs and the New Mork Herald. INTERESTING CONFESSIONS. OPINIONS OF THE RICHYOND EXAMINER. [From the Washington Union (main Cabinet organ )) THE NEW NATIONAL ORGANIZATION. In announcing the rerult of the election for printer to the Senate, we expressed the opinion that is itieal con- siderations, growing out of dissatiefation with the policy of the administration, kad controlled the votes of scume of rs, who were found co-operating vionists for the defeat of the proprio: It will seareely be deubted the New York Hrratp is the les organ of the opposition which is arraying itself in the demooratie ranks against the administration. That journal fully sustains our view as to the construction to be placed upon the result, in the following article -— in . Curious, thi It appears that Armstrong & sine qua non—that the last hostility in Washington to Guthrie & 94 out) and it appears that to this udgo Douglas sieetion of Fa ie “anyt ganieation. for all that, it ha over the country, andthe ar: taken all par ies by surprise, In commemoration of this great moral triumph ot prin- ciples over the spoils organization im the Senate, thi - als to-day will fire a grand salute of a hundred gans Park. And we may oxpect this operation, now that the ice broken, to be followed up in some other startling decisions ‘by the Senate, We can no longer now sssure the custom bouss party of th of Collector Rodti United States S: as dome some remarks’ 2 during the last ten or twelve years It gave us th e tari et 40; it settled the Oregon qusstion, annex- ided the question of war with 0, ce, shaped out the compromise measures of , they have given a blow to the » the result of which will ‘s great national party upon the ith or without the bo the re-organization of principles of the compromise measure: Qdministration, as General Fierce may Vocide. je have mo disposition to indulge ia any harsh or s9- vere comments upon the course adopted by thone demo- cratic Senators who have furnished the occasion for the fo! 9] article. Whether the editor of the Hrratp ‘by authority” er not, it must be admitted that facts are of a character to give strong plausibility to some of his corclurions. Trese facts are important, and deserve to be carefully examined by the democratic party. There were forty four Senaiors present when the vote was taker—twenty-five being demoorats, sixteen whiga, and three abolitionists. General Armstrong received six- teen democratic votes and on’ whig; Mr. Tucker received fourteen whiz votes, three abolition votes, and nine ds- mosratic votes. Gales and Seaton received one whig vote. | Tne vote was by ballot, and y ry whig butitwo, and every abolititionist, is found concurring in casting their ‘Votes against the Union, whiem has uniformly sustained | the administration, and im favor of the Sentinel, which has only claimed to give the adminis‘ration “ an ince. pendent support.’ The whigs and abolitionis's would naturally be oppored to a paper which gave its hearty support to a democratie administration—thay would na turally sympathize with one opposed to the administra tien, or even one giving it only “an independent sup- port” That the whigs and abolitionists voted against ‘the Union to show their opposition to the administrati ‘Will not be controverted. We have no ceasures to be upon them for so doing The Union is opposed to t end sustains the administration cordially, in its oppo to them. When nine democratic Senators are voting with them, the Hxratp cannot be accused of Mess in concluding thst they were controlled by the motive, to wit:—oppo:ition to the policy of the adcinis- tration. Whilst we concede that the conclusion of the Herap | oem to be I-gitimate, we are not prepared to admit that | allot the Senstors whose names are associated in this vote with the whigs and abolitionists were actuated by feelings cf opposition to the administration. We have aa litte hesitation however, in saying that some of them, and those who were active in bringing abot the resalt, were impelled by the feelings which the Exratp attributes tothem. That there was a distiact understanding be- tween the whigs ard abolitionists and a few democrats— that they were to cast the same vote, and, by their united strength, strike a telling blow at the administration—is ‘aa clearly ascertained as it is that the Union was defeated | by whigs, abolitionists, and a few of the nine demostats who thus secret arrangement or intended, by their action, to signify their hostility to the administra- | Gon, we do not beieve. It must be admitted, howe that they have placed themselves in a position, by the company in which they are found, to give plaasibil ty to | the announcement mace by the Hsraip. In mating these Femaris, we cesire to be understood as avoiding an un- | juat imputaticn apon any S-na‘or whose vote was not in- | ended to manifest bis opposition to the sdministration, whilst we do not thereby signify parpose to with | bold our censures of such as have de ermined to go with | tie opporition. If they chcove to form ooalitions with whigs and abolitionis’s they have a perfect rigat todo | @o, and they are certainly welcome to all the bemefits of their new associations; but the history of the democratic | party furcishes many precedents whlch teach us that | such defsetios end cisastrously to thee who thus ssek to avenge sappored irjaries or to grat'fy uareasonable Sspirations for political promotion Four all such, this sdminis‘ration, contiolled and managed by 020 whose | democracy bas never been questionsi—by ons who | never sougl: to rise upon coalitions wih whigs or sdoli tioniats—by one who sands by: emocrstic orzaa‘zations a8 secord only in importasee to™democratic priaciples— for all such we ray this atmisistraion has cothiog but | efisoce_ and towards a'l such the Unim will contioue to | Cirect the popular democratic sentiment, as ecemies to | democratic frinciples, no matter what bigh proies- sions they may mace. When the names of the Senators who voted the cenrure against the administration claimed in the foregoing ar ticle of the Hxxaip lorie d at, it will eurprise the eoua- try to learn that the object is ‘ the reorgauization of a | g7at national party upon the priocip! {the compromise | measures.” Nationality has found a strange lodgment | in am coalition between compromise men, avowed | @bolitionists and whigs. The catslogue will be looked at with {oterest by the people when they are called upon to break up the demoeratie party for the purpose of reo nizing under the lead of Seward, Chase, Sumuer, ‘Wade, and three or four democratic Senators, in the great tions! scheme described by the Akkaip, Think of a great cational party now to be established upon the prin- ciples of the compromise measures, and founded by Sew- ard, Sumeer, Chare, aud two democratic Senators, all of whom were opposed to there measures, and rost of whoa | mow denounce them! And yet thisis the character of the opposition to the administration, described by the orgen of the new national party, and this ia the grand | object to be accomplished by the coalition, over the frst result of which the HERap erults. It may be highly presumptuous in us to question the fofallibility of Senators, but when we have goxd reason | to believe that a deliberate coalition has been formed for the purpose of embarrassing the administration and Gividing ard breaking ¢owa the democratic party, we cannot be restrsined by our “~ t for the seaatorial Office from speeking our mind. have reason to believe that a whig Senator polled the whig side of the Senate, that a democratic Senator polled the democratic side, and that the result was made known & ccali- tion abolitionist, who furmished tne abolition poll. | In this way. we understand, the coalition was formed which resu'ted in the vote we have sjresdy announced. If all this be eonsistent with senatorial iofallibility, then ‘we have formed our estimate of official rexponsibility up- on an erroneous standard. [f such a coalition be wrong, them we know of nothing in the senatorial position which should shield the guilty from the condemantion of a free | press. - [From the Washington Uaion | THR VOTE IN THE SENATE. It would be reasonable to suppose that the organ of the new Organisation profsesed to be gotten up ‘for the downfall of the administration,’’ woul possets correct information as to the names of the Senators whose votes ‘are a0 bighly lauded by that jourcel. We find the names of the Senators classified by the Hrrarn, but we have un- mistakeable reason to believe that it is wrovg ia one par- ticular, and, being wrong in that ove, it 1s nevessarily wrong ‘in another, The name of Governor Allen, of Rhode Ialsnd, is put down as baving voted for Mr. Tucke:. He voted for General Armstrong, and therefore there waseither anerror in the count of the vote o: there is one Sewator put down for General Armstrong who voted for Mr. Tucker. This state of uncertainty as to the sotual vote is a significant commentary upon the ballot system of voting. Thoa-t’cle below, from the Hrratn, makes am announce- ment to the desertion of freeso.! heresies by Messrs, Seward, Chase, Sumner, and Wace, which will show how worthy an organ the new national organization possesses. So long a the organ ccrtia’ to Cevslope the odjects of ita new party we aball prefer to n7¢ those developementa to any of the diatribes of ita satellites. [From the Richmond Enquirer, (Cabinet Organ.) | THE ADMINISTRATION IN VIRGINIA. Months ago we discerned s larking disaffection in the Bemocratie party, and foretold the developement of an Opposition to the administration in the ranks of its leziti- mate as. Unless ali the indications of the hour ‘be utterly delusive, events are about to justify our pre diction, The extraordinary activity and exultation of the less and prostrate whig party—the an; jem in the demoeracy—the demonstration osi‘ion in the House and in the Senate~indicate, artling emphasis, a state of fecling towards the istration which no democrat can contemplate with. prebeasion, More is meant than meets the eye. ‘be cifleult to designate any overt act of traach- ctaoaroe audible mutterings, seeret intrigue, and g dieoontent, foretell the coming storm. At one mou ot everything is quiet and propitions--at suother ing is unsettied and lowering. At one moment catalate ourselves on the apparent harmony be » democratic D1 & democratic Executive sather we are told that the overthrow of the ad- -ation is inevitable and at hand. The seourity of seamt momen’ in succeeded by an anxious appre usa ca tn the next, and # note of exultation is echosd by an winispar of di ency and fear. : Bs the ultimate reeult what it may, nobody will deny aoxtrome peril of the prerent momeut. 9 the con- © .om fortunate or disastrous, mo democra: will revert 1 satisfaction to a crisis in which the organization of iby was demors liz nd the administration of his because of an unequal division of the spoils. But bein, ‘an association of men bound together by a communion principle and and contemplating only certaio great objects of government concern, it is eyusily illog!- gical and contemptible to quarrel and Soe in conse quence of Gineatinfaction with the distribution of the patronage. If the democratic party had elevated Mr. Pieroe to the presidency with no other objest than to win the honors oad emoluments of ie the disap; — might justly avenge wrongs by em pie, . But bow low and base and serdid sound the compiaints of the unsuccesful applicant for place, when we consider the great priaciples for which the dem- Ocratic yerty Ky aenpe in ay of '52, Po the great end which they contem) ntrustiog v- ernment tos democratic administration! - If President Pierce prove false to bis pleiges and his principles—if he abuse the confidence of the democratic party andthe country—then may demoerats o his acministration, Does anybody accuse hica of faithlessness to the principles of his party or the duties of his position? Has he given any indication of » want of fidelity to the country or to the democracy? Is there anything, either in bis inaugural address or in his message to Spagreas, which the democratic party car approve? Is his administration of the finances of the goverament, or his conduct of the foreign relations of the couatry, such as the democraiic party must condem Is there anything in his administration, ro far, whieh involves a breach of trust or a betrays! of principle? Do even the most viadiotive ememies of the administration attempt to justify their opposition by ce higher considerations than such as relate te a distribution of the spoils? Why, then, should men who profess a devotion to demosratic principles manifest hostility to a democratic administra. tion? This is the answer:—they are not sincere in their professions; they care no! either for the democratic xty or for demoeratie principles and their conduct is jetermined colely by considerations of a selfi-h nature. ‘They betray a poor sppreotation of the character of the Virginia demceracy who imagine that any im pulse of dis- appo ntneut, or other trivial cause, will drive them into opposition to ® democratic administration. Naver were @ democracy of Virginia more steadfast in their attach tte the principles of their party, and never were y less disposed to abandon that organization on which depends their ability to vindicate sheir principles. The present administration possesses their entire confidence, ‘and they mean to support it with characteristic zeal and comsi:texcy. And more—they mean to exact of their re- presentatives equal fdellty. We know the sentiment of the Virgiuia democracy im respect to the administration, avd we know tha! any man, be his station what it may, who violates that sentiment, will sufler the legitimate consequence. (From the Richmond Examiner (Free Spoken Democrat.) THE ADMINISTRATION AND THE DEMOCRATIC PARTY. The true relation in which an administretion stands to the country is not universally urderstood. In spite of radical difference between the American and the Britiah syetem of fovernment—in Spite of the incessant ‘audation of republicanism, in which the press ard poli- ticians continually indulge—in spite of every one’s horror and Ceprecation of monarchical polity—the tendeacy of parties and politicians is toascribe to the federsl execu tive that amenity from strict responsibility which belongs to the king upon his throne, More than this—the officials whe cling to the rkirts of the Presidentand all that ewarm of érone non Froducers, whove food depends upon strict ty discipline, claim for themselves special exemption rom censure. and an exclusive right to the honors, emolu- ments and confidence of the people. These facts sre ap. parent to al! close observers, aud the pernicions conse- querees which must flow from them, if nct counteracted, are manifest to the meanest comprebension. If this ten: deney continues, after the lapse cf a few yeara—a very few years in the history of s nation—the people will have mastery, and net servants. The Party into whore hands the people confize the powers of the government, not o-ly have the right, but are in duty bound so to exercise it aa to carry out their peculiar policy and establisa theic characteristic prinat ples. For this, the demoorstie party, with a zeal which has*no parallel—with « unanimity that har no example— placed General Pi the presidential chair, The dif- fieultios w a s path, all sensible men plainly foresaw, and sl! c are eager to lend a nt. lection of the con Jeracy. The m were heierogensous, an lence one, nor ia any section of js of which it was com the men were far from ining before the American people that tried and ed cSaracter which infuses trust and secures re liance, And, indeed, the antecedents of some few of incumbents were, to say the least, unpromising ; whilst others, unfortunately, bad no antecedents at all. ‘it can- not now be concealed that the foreshadowed proclivities of Mr Cushing and others, have had a most pernicious effect upon the unity of action which can alone secure party success: and that the sequents of Mr. Guthrie, (he had no antecedents,) sizce his moet unexpected advert to the political rostram, have been absolutely calamitous. The Cabinet is a failure—not a failure of party prinoiples, organization or fealty; but simply a failure in the charsc- teristics whieh eommand the resect and support of = at party of hones: thinking mon Itis nt auch a failure as por ende a Cissolution of party organization, or a failure of the democratic adminis'ra:ion. It is simply such a failure as requires modifications in itsown com ition, The precedent to govern the Presi lent’s action, sppily for the country. and for the reputation of Gen. Pierce, has been slieacy mace by ope who rivated hin self mcre powerfully upon the heart and confidence of the American people than any other man since Washing ton, Gen. Jaczvon selected his Cabinet and cocfided to their coursele, He ‘ound tn+m uafit forthe saveessful | accomplishment of the great task set before him. a with a decision and firmness which won the respe his adversaries and the enthusiastic applause of his friemd:, dismissed therm from b: ervice and appointed their succerrore. He chose between triumph and disaster, ard he did rot hesitate. presented io tate! The same choice is at this hour Mr. Pierce. Will he fotlow?—san he hesi Let him think of che example of the mighty dead, himeelf to the trial. The country will ap. op e will make the welkin ring with ation at his courage, wisdom and sagscity. vain to attempt © concealment of the deep é mm which pervades the democratia party with the mistasee and blunders of the preseat Cabivet. It existe, ard the world knows it. It isin vain thet industrious metropolitam ergana give assarance, With bated breath, and bumble adulation, to ths Presi- | Gert thatall is well. Confidence aud asseveration are important to sesure that confidence which is gone. Itis us+lees for Belebazar, the King, to make ® great feast to a thoosacd of bis nobles, and to drivk wine before the thourand— all in vain to bave the veesels of gold and silver which were taben out of Jewry, eet before thei: ad- miring gaze—the handwriting is upyn the wall, and the only scape goats npon whose head the President can lay his hands and senc forth for destruction in the wilder- ness, are the imbeciles of the Cabinet which surroucd | him. ‘The issue has been mace by the Cabinet organs—the censure of Yorrey anc the election of Tacker as printer of the Senate, hate been Ceclared acte of factioas oppo- nition to the administration, and the co operation of the people and the Gicciplive of party have been appea'ed to ing it. may call their | irits from the vasty deep but they will come not. Oae edy alone iz eflectua —the re-organization of the Cabinet. When Bunter, an¢ Macon, and Weller are denounced asfactions opponents of a cemecratic administration, the people will inquire what potest reason has urged them tothe course? And, if they fiud this charge is predicated upou opposition to the Cabinet and its organs, even the perception of official and yenal flankeyism ought to see to which side popular confidence and re- liance would natu: Mr. Pieree bas « great mission set before hin—s great | work to perform. The welfare of his party, the glory of bir own pan e—all demand that he should accomplish it with faithful: ns apd rewluticn. With this Cabinet. fail- ure in inevitable—wiih another and a better, our tiumpli is certain. Affairs in Washington. (Correspondence of the Philadelphia 1" Wasinxaton, Dag Avery important piece ef inform me from England, in pe which hardly admits of its being deubted. It is said that the mixed commission | sitting in London for the adjustment of claims of the res. pective citizens aud subj+cts of America and Englanion | the governments of the two coun'ries hive had before | them and allowed the cletms of the Florida bon tholders | on the government of the United States. These bonds, to | the amount of two millions, were iscued under the terri- | torial government of Florida, and are now nearly ali neld by British subjects, to whom they have been transferred. It ia added, by way of 2 joke, I presume, that a similar transfer it contemplated of the Texas bonds; bat | am not certain that the eommissioners woul date ‘‘interfere with the sovereignty of that State.”” General Cass will, enrly next week, define bie position He will exhort the cemecratic party to harmony ani | more Cemend sprung up, pritcipally for sterling, whic unity, ad set the peacemaker, but avow his intention | goid at from 11% to 12 per cent premium. We quote to to vote ngains: rome cf the nominations made by tae | dey Londen 14 per cent premium. Paris 2 to 1 per cent President. The quadruple tresty between Eogland. France, Spain, and Sardinia, is not looked vpon with favor bersia Wash- irgton, it pertends mo good for this side of the At lantic. Politics] Inteiligenc: SECRETARY OF SiaTK OF ALADAMA —Vim the present incumbent, waa electez by the Secretary of tate of Alabama, on the 9th Benbam wee « Unie ture, last session. f M. Basham, wislature, Me. m Lauder’ale, and ¢ by the votes of the Uolon pa’ od to heave oppoved the re orgenization erty last spring These fects give him the support of the entire whig party now, which, with the aid of & number of democratic members {rom North Ala bama, hac secure! bis prevent election Supreme Court--In Chambers, Before Hon Ju‘ge Mitohell. Dxo. 19.—Jn ihe Mater of Wm. Cahill vs the Kerper of the House of iefvge —Wm. Cabili, a lad, was brovgot up om habeas corpus from the How f Refage, and his dis eharge claimed by his mother. It appears that the youth was unruly and his mother took him to the police sta- tion to frighten him into good behavior; but the officers there not being cesirens of the guardianship of the boy, transmitted bim to the House of Refuga. The anxious parent thought thie wae carrying the johe too far, and served & writ of babeas corpus on the Keeper of the H vase of Refage. The Judge ciseharged the boy, whe returned home w.th bie moth First District Court. Before Judge Green. 19.—There were ninety-three anita a; ous persone for vy olating the corporation orc encumbering the streets, &6., before Jadge morning. A large number of them were and judgments rendered against the defendente, for sums varying from $5 to $100, and the balance of them either rettied or adjourned to the 28th instant, on account ef the non attendance of witnesses. Dre Our Dirty Streets. TO THE EDITOR OF THR HERALD. sod creation ioe ‘a = Cone by ‘om it shonld naturally look for ma pport. ; am on the causes of the present discontent, voy sea atterly at & lons for way adequate explanation ¢f <oa ccoduct of such democrats as manifest sn unfriendly da syxition towards the ad: de: ores orgaolea\ ca were bute con- q y 900 pal power, if would by legituuate to rebe sal Can you in‘orm me whether Mr, Arcularius, the Super. intendent ot Streets, fs interested, directly or indirectly, in any of the contracts for cletning the stress? Why ADDITIONAL FROM CU3A. Our Havana Correspondence. Havana, Deo, 11, 1853, Another Cargo of Negrocs—The Bargain and Bonus for Landing—Departure of Judge Clayton—D.ath of Mr. Ross Honors to his Memory—Ovi. Robertson in Office— Reception of the President's Message—Departure of Canelo--The Africanization Scheme. The most important item connected with the proverbial faith aad honor of the Castilian, we have to report, will be the landing of three hundred and eighty-five negroes at Point Carbas, south side of Cuba, consigned to An: fonio Cabel, frem ® Spanish trader, and » well known cruiser, although @ nameless one. The bonus was paid to the local authorities for permission to lani and distri- bution, and the transaction took place under their imme diate supervision. It is not to be presumed the new au. thority of the islandcan be in any way cognizant of the transaction, as it was supposed to have taken place under his more facile pradecessor, by those who were acting in the matter, and they will save, in consequence, the pro portion usually transmitte! in way of gratification to the capital. Judge Clayton gives up his consulate and returns to th® United States, by the Black Warrior, due to-morrow. He has not health and nerve enough for the place, although one of the best men inthe world Having lived all hi, life in the region of high bilious diseases and fever and ague, he has an utter horror of yellow fever. His secre. tary and nephew, Charles B. Rosa, died at Mra. Rowai Hotel Cubano, on the 10th inst., of disease contracted in New Orleans. The stranger youth received every atten: tion that maternal kindness could give, and the best medi. cal attendance ardadvioe, He was just twenty-one years of age, taking his first step upon the stage of life, and found it bis last; born in Montgomery county, Tennessee, where his parents now reside. His remains were placei a nicne in the burying gronnd, on the Lith inst., boing attended by the principal Americans in Havana. The shipping in port wore their flags at half-mast durieg the day. The lors is mot with him ja his sleep, but with those who remain to weep. The impression made by this young gentleman in his few days among us, will net soon be forgotten, and regret is with every mind, that an in- tel igense bas from us that promised great usefal neve to his kind. In consequence of this loss Mr. Clayton bas determined to leave us, acd he has evidently broken under the infliction. Col, Wm. H. Robertson, at the earnest request of Judge Clayton, asrumes a; the charge of the American con sulate; and we are Py to know, that if you ransacked all the intelligence that is occupied in the patriotie par ruit of the spoils, euch a man and such a mind could not be found for the duty; and that he is competent has been proved, although it is not » necessary condition for the appointing power to rest upon in these cays, when the beer pots must be paid for. We hope, how- ever, this may be an exception to the ral that Col. Robertson will be itted to It this cannot be, for reason of the country: lovio, morers, there is @ man in Alabsma whose name has | been mentioned in connection with this consulste—Mr Terry—that we would compound tor; he has verve, good judgment, good democracy, does not 2 to Washingion | when he cag help it, is not afraid, and loves his couatry | more than money. The editor of the Diario de la Marina has bean for some time, like the sas, danci=g among eggs, but Higgat last broken the shell of his troubles and is giving u# powerful arguments in favor of immense emigration to supply us | with additional ‘arms of labor.” to color our popula | &o., a8 has been duly expressedin pravious commu- nications, in obeyance of the British policy, which has | Hocamman 8200K8 —200 old second hand at 16 Cty eee R. J.— 18,000 short at $45, 8,000 do. at $5, and at $60 M. Bardly Unfergone any change. The last for Europe were two Spanish brigs for Lou at £3; Boston and New York, $1 per of sugar. Son aad Ant box, and $4 per Later from South Amortea. By the bark Louise and Caroline, Capt. Raven, arrived at this port on Monday, we have files of Rio Janeiro papers up to the 24th of October. An arrival on the same day at Philadelphia brought dates to the 30th October. We do not find in these journals any news of general. interest. We have also received files of journals froma Buenoa Ayres up to the 15th October. By the following proclamation of the Governor of the province, it would appear that tranquillity has been agaia restored to that distracted land:— PROCL AMATION. The Governor and vaptain General of the proviace of Buenos Ayres to the inhabitants ot the country :— My Countrymen—The honorable legislatare which you have freely elested to repeonens your rights has deigned to honor me by continuing to me its confijence, that I may retain the charge of Governer and Captain.Gansral ofthe province, In the peeviiens) government which | have formerly exercised I have had an opportuaity to know the immense difficulties which I must overcome. I know that it isa task much superior to my strength; but, ex- cited by the call of my fellow citizens, I could not be in- different to the voice cf the country. If, in this elevated destiry, I have acespted the sacrifice of my convictions, it has been in the intimate persuasion that my country: men are to-day animated by an ardent desire of main. taining. at all hazards, peace aad internal order. + Fellow citizens and inhabitants of the country—He who addresses you bel ngs to no party. He recognizes no enemies but the tyrants who end to bi into con- tempt the institutions of their ¢ ‘try—t! iefs whe attempt to despoil her, and to villify the dignity of her ‘sons. Fellow citizens—You may all re} yourrelves up to your usual employments, in the firm Persuasion that you willno more be torn from your fire- sides to levy war on distant and foreign countries. You may devote yourselves to your laborious toils, assured that your property, the fruit of your labor, will be re- spected, and that you will only be called to take up arm: for those little exigencies of public order, or when the land that nourishes you and gave you being is attacked, Then, acd th nly, shali yoa hear the word war from your Governor and friend, PASTOR O3LIGADO, Buenos Ayres, Oct. 13, 1863. Sefior obumeda addressed a similar proclamation to the army. He was elected by the representatives of the people permanent Governor, by a vote of thirty- eight out ‘of forty deputies. bs si you may ¢eliver The Bourcicault Lectures. The Hope Chapel was crowded with » fashionable audience on Monday evening, to hear Mr. Boursisault’s third lecture. The subject was ‘Woman: her Rights and her Wrongs.’’ There was evidently a very great amount of curiosity, and much was expscted from the lecturer, as it was understood that he was about to announce European views on this matter. At 8 o'clock Mr, Bour- eicault com: ced, a8 follows :— 1am not here to atvocate a doctrine, but to expound a simple case. Women have pleaded for a high condition. I do not care how they bees agreed uprn, precisely a reported—subetitatiag | pas; ita rrateet he ceeds) apenas mow Gas a Prvesy with ta oupiity breast, received his retaining fos. The worst enemy to cf the iow who ‘are mcerested” in the meaty | this cause is the injudicious advocate who, by demand lation; but not ro with the large proprietors and the cottagers of the country, who till the soil and herd the cattle, dependent upon their personal labor in this | way for their subsistence;—and the reason why the pre- position is not received with favor is, that the introduc. | tion will be excessive, and the labor materisl will besome burthen beyond the poseible wants of the agricultural ard mechanical industry of the country. They are aware Of the reckless and sordid power that will control the in troduction for the most selfish and base purposes, and they are afraid of tt. | ‘Tne new Captain General has issued the following off- | cial notice, pnblished in the Gacela, upon the tendency of which you may make your own commenta:— By the Saloon 1st of Justice of this Royal Pretorial Court, | aud in conformity with the representation of the Fiscgl of | the same, the euapension of the trial against Col. D. Pi | leon Lopez Aillon, as Lieutenant G: nor of Nueva Filipai resuiting from the landing of 260 negroes in the Bay of Bai Jen, in the said jnrisdiction, is deoreed—there being no caus to continue the trial—the Royal Court further judging that there is no reason why the said chief should not retura to | bis cout. ‘Ordered py His Fxoellency the Governor and Captain | General to be published in “The Guceta”’ for the complate Satisfaction ef said gentleman interested, that bis good | opinion and fame shonld remain in ite propet place, | Bavans, 12th Dee., 1858. JOSE DELAPEZCELA. | ‘The Crescent City is in, ang to leave immediately. The mesaege we have, but—but—thore that read say they do’ net comprehend parts of i!, aud others that they do not lise it. Some aay it is too long, others too - but the reader of our authority says it is favors fubs, And, taking the buzz of sli) hear, I presume it must bea pretty fair ort of # doument and in its doctrival spread consistent with the rational integ:ity, th avd honor. ers] Canedo cut from this on the lithinstant, oa beardof the BH. C. M. war and mail atesmer Cmd- de | Kegla The attention was slight at his departuzs: « band of masic went out of the barbor, on boar of a ferry boat, to escort him, played the R. R. March, which, being in terpreted, I am informed, meant—but that is no matter; he bas consolation in his pocket. The Slack Warrior is signalled, and lam compelled to clore, as the Hour is up for departure Valdes, the mur- | derer of Ia Dominguez, I am informed is to be garroted. | pot pardoned We have some political prisoners arrived | from Cardenas yertercay—some five or six—flence: in- ducing dese:tion of our “ faithful troops ”” eres | | i | | THE LATEST MARKET CIRCULAR. | Havana, Dec 153, 181 | Since the date of our last printed report of the 28th | ult., the burinesa in sugars has been limited, caused by the unfavorable advices received by tre last steamers from the United States and Europe. Rxcepting a few lota of very interior whites for which 6%; to 7 were paid, the sales consist chiefly of cucuruchos and browzs,within the range of our quotations, ard would have been of more | magnitude but for the firmness of holders. We put our | pricen en ‘ollows:—Whites, €34 a 0i¢rs.; florete yellows, | 634 a Tra.; good to prime do , 6% a 6%r8.; browns, 54 a | €3{rs.; cucuruchos, 4% a b34re. Griodizg bas com. | menced on a number of estates. Already small lots of | rew sugars have appeared without having been offered for | rale as yet. The stock in the city and the Regla ware | houses it now about 69,000 boxes, of which 27,000 boxes | are whites, against 80,000 boxes in 1852, same period. | Cleared during the past fortnight:—To Great Britain, | 5.0¢0 boxes; France 5,209; Spain, 4,184; United States, | 2,514: Antwerp, 1.900; Trieste, 1,608—in all 20 265 boxes, | Morasers of new crop is arriving in small quantit dealers ark 334 rla. keg for the first cargoes, at which rice there are no buyers. At Cardenas another contract 26 been made for delivery up to Mareh at 3 ria, for clay- | ed and in Matanzas one dealer has fold his receipts to end of January nt same price; another one at same price to the 16th of Jacuary and from 16 to 31 January at 234 rls.; also his receipts of muacovado 1 for the whole season at 4 ris. Cleared 446 hhds. for Portland, 140 do. | for Halifax, and 20 do. for Savannah—in all 605‘bhds, | Rem bas continued to be actively inquired after both for consumption ardexport. We quote to day $36 per pipe for colored and $40 per pipe for white. Cleared 400 pigea for New York snd 247 do. for Spain—inall 647 pipes. Covvnu bas met with @ fair demand at former rates, say at from $9 75 a $10 26 q¢l. for good seconcs, 'HGARS have been in brisk demand at full prices. Clear- | ed during (he fortaight 5.704 mille for Fran:e, 3.878 do | for Spain, 3,709 do. for Great Britain, 1,822 do. for the United Stater, and 230 do, for Antwerp—in all 16,043 | mi Tonacco.—Lote of superior quality continue to aom- mand high prices, whilst inferior Cescriptions remain 2e glected Cleared’ 106,250 pds. fer Spain, 91,857 pds. for Great Britain, 40,240 pda. for the United Rates, 6,000 pas. for France and 5/692 pds. for Aotwerp—in all 200,119 pas, ExcuaxGe—In the early part of the past fortnight there was oo animation in the bill market; subsequent! dfoount, Bosten and New York 3 per cent premium. New Orleans short 2%¢ por cent premiim. Toe British steamer Dee arrived here on the #th inst, from Tampico acd Vera Croz with 160,000 dollare.on board; of the 74,000 which were for sale, only 18,000 were disposed of at 434 per ornt premium. In Istrorms—We heve to note the following Jerked Beef, 3 cargoes from Buenos 7 * Amnistia’” at 1934 rials, 6,7 Pe at 193 rials, and 3,500 qtis_ per “I)1ende’” at 20 leaving no stock in first hands unaold IMH— $7 casks cod froin Borton, at $54 qtl., 60 casks at $5 180, casks hake from do. at $45; qth, # lot of Fnglish cod in druv # at $634, a lot of do. haddosk at $554 1810 druson and 201 casks per brig Barcintna, from >. Jobee a:rived cn the 3d instant st $434 qtl, end 1,700 crums and 131 tierces, per Camilla from St. Jobns,’ ar rived on the 1tth instant, and mold yesterday at $6 per gts leo a cargo of 2,000 q'ls of Norwegian fish, per Luveite, arrived yestercay, at $034 qtl., leaving no stock in firet bande unsold. Pick—226 carka, per steamerjI-abel, at 13 riala, 70 cask pr Japonica, at 1134 rials., 600 bags Veler riala arr. ard 260 casks from store, at 1 rr Fane—46 cake and 36 barrels, at $12 qtl., from New Orivans. ‘Teoineta 30 boxes, from Philadelphia, at $1535 qth Eviren—100 kegs Dutch, at $26 qt!.; 160 do. a 377 do, from New Orleapa, at $20; 260 ¢o. from Dai phia, at $22; 20 do. from New York, st $2034, and {rein Go., at $29 per qth 866 boxes Dutch and 750 Patagras, at $1934 qtl. O berrela, at 8 rls. arr., 60 half do, at 12, and ln at 1245 rls. arr. Porators ~ 88 barrels at $434, 690,do. at $4, and €00 do, at $33 per barrel. Op i0x8 — 20,000 bunches at $7 per 100 bunches, and 326 srels, at $3 per barrel. v= £00 boxes at $7 qtl. LOW CANDLES —400 be xen at $19 qtl. ‘Tk —200 barrels at $634 per barrel, V tate Ont. Refined tleached—81 barrels at 27 rie. arr., » at 2734 Hs, Wrarise Parar —1, 900 reama at 434 ris. per ream, J exvixcs,— 200 boxes at 836 ris. per box. Tan in retailing at $18 per qtl. kor, oni $16), im barrels. Stoo, 1.200 barrels and 1 000 kegs, ! SD AND Kastzn BOARDS.— 90 ‘mille feet per La- neve, ond 66 mille per “Torno’’ at $26 80 mille feet. Bath Pr: Lonette at $28 and 85 M. per ‘ Rivolet’’ at $27. 10.060 feet Wilmington river soantliag a7 bearés, per Saranac, #5 $29, and 118 000 feet Mobile “Spr ‘wes One aide of the Bowery cleaned, and not the othe fow days since? Why was Cassidy's offer rejected by Cor ptroller, and the contract given to Keily? Is Gaorgs White attending to his duty impartially? ANTI MUD, ecantling, ipawed, at $32 deck load, and | comes the cl | ciples; ‘yet, im the mide | that good ‘part | emongst mi | ble picturer of woman proce rights into three species—her divine right, her right, and her constitutionalright. The first he admit ted tothe fmll. ral rights,’ said he, ‘‘she has none; for, resolve into its elements, and she im- medial becom Her constit y rights, which I ebould rather call privile; upon the maintenance of society, and the chi attitude of the man. Oat of this feeing grow all those immunities exclusively belonging to women Their moral inion in society is immense The simple pre- company of men instant]; ¢ ih, and obliges themto pick their way daintily amongst expressions. To the influence of women, wisely exerted, we «we the purity of modern so- ciety—it is the funda ental principle of réspectability.”” ‘The lecturer then proceeded to examine how far the pri- vileges of weren could be extended without endangerin, the formal respect which must be accorded to her, an: without which there would be disorgamzation in society. | Asa wife she has vote, man and wife being one flesh. “Ae a single woman,’ said he, again, ‘she also has a end if she has not secured even more than one she does not deserve the fanchise.’’ The supremacy of kingdoms under the reign of women, from the time of Semiramis to Victoria, Mr Bourcicault accounted for by the following sxiom:—“Where w After dismi: sing several pi of ber cl impracticable, hi ch. Here, I confess, I am not only ftropgly convinced of the’ perfect fitness of women for thiscfice, but I declare that I believe them entitled to it? (Sersaiion ) after citing the two passages in tho Epirtles of St. Paul, in whish women are forvidden to f , he observed trat there directions were made to the small communities of Christians existing at that time, and were not intended te apply to the whole hn- man race to the endoftime. He then cited the tenth chap‘er of St. Luke. in whieh our Saviour establishes anc cirects the preachers of the faith. ‘This chapter,” raid he, ‘is exclusively deveted to the teaching of dis of this subject, being ia the howe of Martha, whose sister Mary sa! at bis feet and heard his word, be was addressed’ with a demand that Mary thovld be sent to he p her sister, who was cumber ed vith much serving, ‘Martha, Martba,’ replie! our Saviour, ‘thou art eareful and troubled about many things; but one thing is needful, and Mary has chosen which shaU not taken away from her.’ fis ;quotation was applied in 0 poweriul 2 manner, in support of the view that women were entitled to reseive instruction for the teachiag of the doctrine, that a [ Sed sencation pervaded the room for some moments, The lecturer them expreseed his opin- | ion that mixed assemblies were not proper places for wo- men to expound the doctrine, but religious assemblages of women, in which subjects appropriate for discussion avd reprehension amongst only could dueed, might result ima bet institution. cially employed. He the: feroalo sex for their support the Christian religion in ibuting its e: isterce in Europe to their influence. atif,’? contin he, ‘ instead of sincerely tendering this ministry in a pure spirit, u-gent to helps cause, she merely desires 1o don ‘8 castock or & title—to abdicate her womanhood and rank 1 can only recogaise an unaatural cravi which mest entail ridicule and injury om a fair eau: Passing the other profes i he drew lang . doctor and a mecical student. He remarked that they had never been inventors, but admitted their exselience in literatureand the arts, ' All these oceupations, suited to their delicacy of frame, might be fairly adopted by the ebildless wife | and unmarried woman, but he eon-idered that the mo- ther and wife had plenty to do. The leeture was son- eluded with @ brilliant skeich of woman’s distinguishing characteristios, interspersed with anecdotes illustrative of thesevers! positions he assumed. During more than an hour the audience were held in the greatest interest by the novel views essoused by the lecturer. Some semsa- tion existed for a few moments at the termination of the evening. The entertainment was, as usual, sprinkled with anecdotes and illustrations, which were relished and frequently applauded. Mr. Bourcieault might ly haye extended his lectare for another half hour. Marine Court. POST-OF FICE ROBBERIES. Betcre Hon. Judge McCarthy. Duc, 17.—Jones Waddock vs. James Holbrook, Lowis D Augelis, ond Luther Hortom.—This action was brought to d inst the defendants, who are gov- imprisonment. The plaiotift hh of November Jest, he was on his way to Llinois from this city ; that when in Albany be was arrested by the defendants 3 one: for tix days without apy cause--henee th Camager ‘The facte disclosed on the trial we lows: During the past fall several robberies wei mitted in the Post Office. After a careful investigation, suspicion rested on one Patrick Ryan, who was employed as snight witchman in the Post (vlice in this city The defendant, Holbrook, who is the special sgent of the Ye. partment, toge her with Mr. Fowler, the Postmsater, caured Ryan to be arrested, and on searching his premises near $6.000 wa; found belonging tothe Post-Cffice. Ryan subsequenily evcaped from tha officers. Holbrook be lievirg that other parties were concerned with Ryan in the robberies, Rept s close watch on the move mente of Ryan’s friends; they discovered that Le bad a brother living in Illinois, and that his wife var about migrating out there 0, that » near relative of his was residing in me direction. A obtained against him. On the 16th of No- h this city for Albany. on one of the river boats, On the eame boat Holbrook and the other tro defendants, who are United States deputy marshals, took passage. On the arrival of the boat the person was ‘and placed in custody in a carriage with me twenty-five minutes after, the plaintiff and persen were seen coming off the boat with a large trunk belonging to the prisoner. Tne officers reived the trunk. th plain'iff refused to surrender till he got to the carriage, when the prisoner told him who the cefendants were, and th: @ wasin custody. The ofiicers put the trunk on the carriage, and the plaintiff and his friend got into it, whem the carriage drove tos station house. The partie: were all searched—the prisoner Immediately brought back to this city. The plaintiff and his friend remained in the station house six days, fire out to their meals and wherever they pleased, but going back to the station reed gr to sleep. The plsiatiff alleges he was and im- prisoned, Defendants deny that there was arrest or iai- Prisonment; and even if there was, that the circam- wtances justifed it—from the oompany they were ia— and slso that the wifs of Ryan Cerys! called on them on their arrival in Albany. The court held that ne arrest had been proven; that plaintiff went to the rta tion-house at the request of his friend, and while ther wan not imprisoned, and gave judgment for defendants, with conte. Lrest Surt.—A suit for libel upon George Ash- mua has been instituted against Charies Stearns, William Trench and |) F. Aa) . The last two are editors and pub lichera of the 8 jeld Post,and the all libel was oon- tained in arti written for that paper Mr. Stearns. Thoee articles charged Mr. Ashmun, we believe, with ob- taining of geversmens by julemt pretences. The are laid in the suit at $3,000. and the office of the Post has been attacked foc aeourity.—Aering dd Republican, . United States Cireult Court. Judges Nelsoa and Betts. Charles W. ws Cornelius W. action was brought in the Supreme Court of the to recover back duties impcsed by the Collector on an importa- tion of rocoa, the plaintiff claiming it to be “a vs ble substerce used for dyeing.” snd was removed tothis court by certiorari. On the 27th December, 1845, the plaintiff made entry at the Custom House of twenty nine caaka of rocoa, imported ‘rom Bordeaux, and claimed the right to er ter it free of duty, under article 6, section 9, of the tariff act of 1842, (6 Statates at Large, 561,) a# falling within the ceno1 tim of berries, nuts and vegeta- bles, used principally in dyeing or composing dyas.”” The def-ndant caused a duty of twenty per cent to be imposed on it, under section 8, article 4, of the same act, (b Sta- tutes at Large 559) as being ‘‘aunatto,’’ Tue proofs showed that both articles were derived from the seed of & vegetable grown in South America, rocoa being the pro- Guct of the seed in # crushed state, and avnatto a manu fac‘ure from tce seed in some manner known only to the patives, and mixed with other substances, and that the ar- ticles are known in trade and commerce by distivct pames, and are Cevoted to different uses, except that annatto, though chiefly used for culinary purposes, is oceasionall employed im dyeing, whilst that is the only use to whic! roo0s id put. Held, that the article was properly rated anzatto at the Custom Houre, and subjected to duties im that name, because it had acquired in commerce the ame ofroooa, and was bought and sold ia trade that mamealone, before the passage of the act of 1642, Held further, that the plaintiff was not entitled to enter the article as free, under the name of rocoa nor as being “perries or vegetables used principally in dyeing or oom poring dyes,” that tion applying to the berries or vegetables in their native state, and not after they are transmuted, by wamufacture, to a substance which takes a different denomination in trade and commerce. But eld, that rocoa ia an unenumerated artiele in the tariff of 1842, and ia pubject to duty under section 10, and that duty being twenty per cent, the same as charged upom this article, the plaintiff cannot maintain this ac- tion, no more than the legal duty to which it was sudject av! been exacted by the defencant. Judgment for the defendant. y George Gray va Cornelius W. Lawrence—This was an ac- tion to recover back an excess of duties exacted by the defendent on several invoices of Irish {inens, consigned by the * plaintis to Bird, Gillland & Co,, his agents, and en ter bythe, The invoices carried out the prices of the linens, in gross, with a credit under eritten, “deduct dis- count allowed for cash, 74; per cent,’”’ and the plaintiff! by his agents claimed to enter the ‘at the pricss, Jess that discount, as being their true market value abroad. The col.ector, in obedience te circular instruo- tions of the Secretary of the Treasury. of October 20, 1847, and August 7, 1848, directing -‘that no discount be allowed on iavoices of Irish Hnen, beyond 23, per cent,”” refured to allow a rebatement beyond 23, per cent, and charged duty upon the 5 per cent proposed to be deducted from the invoices as discount. Tae consignee protented in writing agairst that exaction, “with only 2} por cent cfl,”” claiming that under existing lawa they were entitled to en‘er the same with 7% per centoff. The Court found, that upom the proofs, the invoice prices, with the allowance of 73, per cent rebatement, was the true market value of the goods. It turthermore found that the appraisers noted the invoice so made out to be correct im their judgment, and that the valus‘ion re- Ported by them was macein obedience to the order of 1¢ Seorétary of the Trearury, and not upon an appraisal of the linens according to the judgment of the appraisers, It forther found, that it was proved to be the usage of the trade to make up invoices of linens at an aver- age rate of prices, (in effect nominal.) and reduce ‘ore to the true market value by discount or rebate ments; and held, that thia price so reduced, and not the gross sum, must be regarded ag representing the real in- voige price or value. It was farther held, that the Secre- tary of the Tressary had uo legel power to direct the juogment of the appraisers in valuing goods, or in adding to or rubtracting from the invoices, fer the purpose of de- term ey | market values, and that the incre.se of the invoioes five per cent in the amount reported for sueh pur- , was without authority of law. The defendant ob- jected to tlie sufliciency of the protest, because not signed sy the claimant of the (est personally—the aet of Feb. 26, 1845, (6 Statutes at 721,) requiring the protest to be made in writing and signed by theclaimant. Held, that an entry or protest made by an agent isin jaw mace by the principal, and the act of 1845 does not mecessarily impugn that general principle, (Mason ¢ al agt Kane, Thiid Cironit April, 1861, Taney, Chinf Justice.) Judgment ordered for the plaintiff for the amount of duties ebarged upon the five per cent so added to the invoices, with interest at seven per cent from the time of payment. Eight other cases against the same defendant, and one agaimet Cornelius W. Lawrence. for excess cf duties levied on Irish Mnens, involving substar tially the same facts and the same questions of law, were argued with the above cause, and, by ment of counsel, were to be subject to the same judgment, A note is filec with the clerk, mark. the distinctions made by the court in some of them, but on the merits, judgment was rendered in all for plaintiffs, Auguste Belmont vt, Cornelius W. Lawrence.—This aut ‘was commenced in the Supreme Court of the State, and removed into this court by certiorari. The plaintiff, in November, 1846, imported 500 bottles of quicksilver,’ in- voiced London, September 14, 1846, at 88.6344. per Ib. On sppraieal at the Custom House the price was raiasd to . per Ib., ag the true value of the article in the don market. An additional duty and penalty, amount. ing to $97! 73, id November 28, 1846, under a pro- re tert, “that the value stated in the involze is the (rue Spanish market value of the goocs ’ A witness cn the trial testified that the quicksilver was the produce of Spain, but no evidence exists in the case that the fact was tmade known to the appraisers or to the collector, al hough it may be ressonably inferred from the teati- mony of the appraiser, Carnes, that they understood the quicksilver was the produce of Spain; nor does the evi- cence show what was the market value of the article ia Spain, Hele, that this court cannot look beyond the proofs ret forth in the case for facts governing the rights of the parties. The invoice gives no intimation thet the article was the produce of Spain, nor does the plaintiff rhow ke proved it to be sach to the appraisers to make tuoh proof before them or the collector. wae bound to thow that fact was within their keowledge, or thes baths 2 receive evidence of tb pears they can be charged with having illegally appraised the goods and ascessed the dutivs, Had i: eee proved that the gocds were the produce of Spaia the valuation would have been erroneous, ard the im;osition of extra duties upjusti! But held that there is no proof before the court impeaching the justness of the appraisal or the authority of the collector to imposaand collect the ad- ditional duties. If the plaintiff is entitled to relief it must be bad by application to the Treasury Department. Judgment for the defendant. Thomas Fielden, James Ficlien, Wm. Pickersgill, and Daviel Campbell, vs. Cornelius W. Lawrence.—Tisia suit was brought to recover back pemalties and increased duties imposed on importations of iron from Liverpool, upon which various entries were made, the additional duties amounticg to $672, and the pevalties to $2,264 60. The im portations in 1847, and the appraisal was made under ses, 16 ‘he act of 1842. [5 Statutes at Large, 563 ] The plaintiffs, at the time of making their never sl entriee—October 12th and November 13th, 1847—ad. Gressed to the Collector the following notice, varied only fo a8 to adapt the deseription of iron to the part’cular entry :—‘‘Sir: The custom house appraisers having ap praised — buncles, &c., iroa, at £—-, thereby sudject- ing the iron to an increased duty, as well as penalty of 20 per cent, which we are required to pay in order to en- ter and obtain posse #ion o! the goods, we hereby protest agains: the raid increased apr ‘isement, and against th exaction of the said incressed duty and penalty, and inma king payment reserve to ourselves or whom it maycoucerp, He the right to ceceive the same back by action or otherwise,” ke, It was proved that when the protest wes m the plaintiff was asked by a deputy eollector, if he sired appraicement by merchant appraisers, pursuant to points taken for t! were, that the letier was notice, within the meaning the act, of their dissatiefaction; whereapon it became the duty of the collector to order a re-appraisement, without which the official appraisal was void; and that the ap- praisal was furthermore void, fer the reason that it was made upon the market value of the iron at the time of exportation, snd not at the time of purchase. Held, that if the protest might amount te notice of dissatisfaction with the appraisement, within the meaning of sec. 17 of the act of 1842, had the letter been ivered without qualification, yet @mat the asrertiou of the plaintiff at the fame time, to the collector, that he did not ask s re-ap- praisement, took from it that effect. Held, that a re-ap- praisement being at the by: ange of the importer, the plaintiff was boucd to offer the appraisers’ fees, &c., in order to put the collector in the wrong for not ordering one. and that the plaintiff, not taking J means to en- appraisal, the one made by the offi mclusive against bim as to value. that the protest coes not comply with the of the act of February 26, 1848, ‘because it does not set forth, distinctly ard specifically, the omis- tion of the collector to order @ re appraisement. or that ppraisers valued the iron at the tine of the ship- ment, aod not at the ti of purchase, as grounds of ob- Jention to the payment of the duties imposed, and ac- cor ingly he is now entitled to raise these objections. judgment for the defendant. Charles Morlot vs. Cornelius W. Lawrence —Thin action imposed by the de fendant on an invoice of fifteen cares of woollen goods im ported by the plaintiff, and was removed to this cour: by certiorari The invoice was dated Paris, June 16, 1845, ardtheentry was made at the Custom House July 31, i846, On per serment the goods were valued at an aversge of 20:4 per cent above the invoice prices, the epprairers in valuing the variour cares putting the lowest Cifference at 10 2-10 per cent, and the highest at 35 7-10 percent. They took the market oe the goods in the principal marke te cf France at the period of exporta- tion to the United States, asa guide to their valuation. On report of the appraisers the valne was raised ten per cent and more above the invoice value, and for that cance fifty per cent on the amount of legal duties wae acded thereto, pureusnt to section sevenieen of the act of 1842. To these charges a protest, with the preper distinctness and precision, was made in writ i the plaintiff, and he reeks to recover back sll exacted of him beyond the legal duties om the invoice valuation. Held, that the sppraisement was void in law, and did not jus- tify the defendant in imposing and exacting duties on ya‘uation higher than invoice, or any additional da- tier thereto, The appraisers were required by the six- tenth rection of the act of 1842, to appraise the goods at nd the instractions did not authorise them The lope inted out te the ¢ is Hable for the exaction made Judgment for the plaintiff for |, (the amount to be adjusted al the Cus- together with interest John C. Rheimer ve. Hugh Maswell —This suit, brought in the Supreme Court of the State, sought to recover back ten per cent asan excess of duties imposed upon imp rtations cf twisted straw. The defendant had the cause removed to this Court by certiorari. The plaintiff, between Nov'r, 1849, and February, 1862, mace various entries at the custom house on involoes of twisted straw, imported from France, claiming it to be an article wnenumerated in the tarif act of 1846, and to be liable toa duty ef 20 per eent only. ‘The Collector charged it with a duty of 30 per cant, under schedule C, sec. 1 of the act of July 30, 1846, (9 Stats. at Jarge, 44, 46,) a8 coming within the description of ‘baa their value at the time of purchase, f the Secretary of the Tre raise the value at the time of exportation. ity having been heta, ‘and all other articles com; of or, pala f,atiaw, whalebone ér Teal, not otberwise provided tor,}? or of “fints, braida, pla LJ vf paddle A of 30 per oat, ad valorm, The protested, im writing, agavest the rate of duty, aog G, twist Tt was also proved that au arti known in trace and commerce as straw laces, which in used in bonnets, &3., and being manufactured iato ha’ straw is the raw material used for making straw A stalk of rye-straw is split into two parts, and ther compose the twisted straw 1 aggees or knorn in trade in the United States, until 1 begianing of the year 1347 Hold, br the tariff act must coustrued in reference to ané commerce at the time of ite enactment, and thet twisted straw, not bein wo in areas pre- pared, nor used in this try for making bats or boa neta rubtequent to age of that act, cannot be taxed under either of the dexom'nations of the straw manufactures ¢ vployed by Congress in schedule C of the act of 1846, Held, that the merchandise falls vithiu the provisions of section 4 of the act, and is subject to a duty of 20 per cent., not being otherwise epesially provided for in the act. Ordered, judgment for the plaintiff for the Cifference of duty so exacted, with iaterest thereon—the amount to be adjnsted at the custom house Simon Mendelson vs Hugh Maxwell.—Tais case was re- moved to this court by certiora from the Supreme Coart of the State. The plaintiff, between March, 1851, and September, 1862, imported sundry invoices of ‘fleck, woollen flocks, waste or shaddy,”’ all which he claimed to be subjeat to'6 per cent duty, and no more, under dule H of nection 9 of the tarlif act of 1845, (9 Btat, at Large, p. 48.) The appraisers returned the artisles as “pre oF manufastured wool,” and the Collector, ua- der Treasury instructions, subjected them to the duty of 80 per cent undersched: |, a8 ‘manufactures of wool.’* ‘9 Stat. at Large, p 44) The plaintiff paid the addi- ional duty under protest, in writing. It was not objected that the protest is not im strict compliance with the re- quirements of the act of February 26, 1845. Section sehednle C, of the act of 1846, lays a duty of 30 per cent on ‘manufactures of wool or of which wool shall be the componént material of chief value, not otherwise provided for.!? Schedule H lays » daty of § per cent on ‘waste or shaddy.’’ The proofs taken on the trial, and set forth im the case, show that the article in question is the refase thrown off in shearing or finishing woollen cloths; that it is totally worthless in that state, but is pulverized, and thus used in the manufacture of *’flock paper” and ie known in trade and commerce as “waste or flock,” and was im ported and in use under that name by paparm prior to the passage of the tariff act cf 1846, P Heli, the article {s provided for in schedule H, and cansot be made liable to # duty of 30 per cent under achedule 0, and that the plaintiff iseptitied to judgment for the dif- ference of duties paid by him, with interest thereon from the time of payment—the amount to be adjusted at the Custom Fouse. Judgment for plain’ iff. Frederick vs. Hugh Maxzwill —This cause was removed by the defencant by certiorari to this court, fram the Supreme Court of the State, and rests on the same principles, and substentiélly on the same facts, with the caré of Mendelson vs. Maxwell—the article imported being » refuse of woollen cloths used by paper manufae- turers in making velvet paper. The invoice was im Freach, and described the merokandise as ‘ laine @ velouler,’? ‘* belle latne rouge,’ ** belle laine marapa,’? ‘* belle laine fantaine,’’ ‘ belle laine ecaria‘e’? Tae custom house appraisers retoraed it as ‘prepared or manufactured wool,” aad the collector caused a duty of thirty per cent to be imposed upon it as a maaufactars of wool, un- der schedule C of section 1 of the tariff act of 1846, (9 Btatutes at Large, 44) The plaic tiff paid the duty, maki at the time his protest in wrinting, that it should be ad- mitted as “waste or excess nap of cloth, at five per cent and not be charged at thirty per cent as manufacture weol.”’ This rating at the Custom H jSapad to have been in obedience to instructio: er etary the Treasury, directing the charge of 30 per cent, on .”? “flock,” or “shaddy,”’ “ground or pulvarized.”* ticle was proved 10 be pulverizad waste or shad- refase thrown off in the shearing or finishing of cloths, and to be vorthlees in itself, but import. to the tariff of 1846 in that state, and known id commerce as waste or flock. Held, That the construction by the Treasury Department of the tariff’ aci is net conclusive upon either party, and the collector met justified by such instructions in laying duties not ranted by law. Held, That on the proofs, this article is entitled to be admitted to entry on payment of » duty of 5 per cent, ad wiorem. Judgmen: for the plaintiff for the difference, with interest—the amount to be adjusted at the Custom, House. Josiah Rich, as Rich & Knowlton, vs. Hugh Mamwell.—On the 2ud of December, 150, the plaintiff made entry at the Custom House of an invoice of currants imported from Trieste, in amount 2263 florins, pap‘r curreney, and claimed a discount of 17 18-16, as being theagio or depreciation at that place between paper and silver florins at the date of the invoice, September 26, 1850. Duties were levied on the paper valuation of the invoice, (computing the florin at 48 }¢ cents United States curren- FY, ard the collector refused to allow the desreciation of 17 18-16 demanded by the plaint:: thi xaction the plaintiff made his ‘The plaintiff proved on depresiation of the paper at te at the date invoice in this case, was about 1713-16, and also proved by a witness that the plaintiffs had imported goots frcm Trieste thraugh them, and on such ocoasions had offered a consular certificate of the agio at the Custom House, but}it was unt ormly refuséd—the officers that it way useless, as Congress had fixed the value of the florin, whether silver or paper, in United States c —but the witness did not prove that such consular certif- cate was in fact at the Custom House on theen- try of the goods in question. On the contrary, his testi- mony imports that none was offered to accompany thie isveiee and entry. Held that urder the provisions of section 61 of the act of March 2, 1799, (1 Stat at Large, 673,) the President, through circulara from the Tr Department, had regulated the manner in which the cout of goods exbibited in @ for depreciated currency, shall be estimated in the United States currency, in order te determine the rate of duties thereon, and that such regulation js in force in respect to depreciations of the Austrian florin, occurring since the act of Coagress of May 22, 1846, (9 Stat, at Large, 14,) and that, to entitle the plaiatif to an allowance for any depreciation of the Austrian currency, the invoice must have beea acoom- panied Pre consular certificate of the value of such our- ™ | repvey. Held not to be necessary for the collector tode- jj mand a consular certificate of tue importer. The latter must prove his case fully and offer to the collector a consular certificate or a bend to produce it , te be entitled to an allowance for ceprecistion of a forsign currency. The p aintif! having failed to make the requi- site proof in this particular, judgment is ordered for the defendant. eh Christ, Altert Spies and Edward Christ vs. Hugh Mazuxll —The owners ef the goods in question, who were the mapufacturers of them, cnnsigned an invoice of woel- lens to the plaintiffs for sale, on which duties and pe were exacted at the Custom House, July 17, 1852, amot tog to ‘$4,712 19. The action was brought to reco rer back 60 of the sum, with iaterest. Tne amount is com- posed of these iculara:—The invoice value was ad- vanced $414 by the appraisers, and a duty of thirty cent exacted thereon, $124 20: additional duty or pem of twenty percent on $2 007, $401 40; fee paid merchant apprairer, $6—total, $530 60. On the 28th of June, lf the plaintifis entered at the Custom House an invoice woolle gocds, dated Reichenberg, May 7, 1852, which was raised twenty- ive per cent by the appraisers, On the 16th of July the plaintiffs notified the defendant in writing of their dissatisfaction therewith, and on the same dsy made @ protest in writing, sett forth stongst other things that the collect failed to order a Ui latd Sa ent as required by law. | On the 12th of Jul: oath prescribed by treasury | instructions was administered by one of the principal | Appraisers toa merchant, and on the 13th the merchant, 1m conjunction with the general appraiser, proceeded, as the ¢ in their return, t upon the appeal of the plaintiffs, and re-appraise the of Congress of Mareh 3, 1851. for were the plain goods, pursas The duty and penalty sued on this re-appraisement. On the argument, fs took fourteen exceptions to the regularity and legality of the proceedings in the Custom House, only two of whieh are considered by the Court material to the rights of the parties in this suit. The Court held that the plaintiffs could not maintsin an action to recover back the $124 20 for duties charged on the enhanced ation of the geods, on account,of irregularity either im selecting ‘or qualifying the appraisers or othe. cause ar japon hers alee attain on a naa re-a) Is were not ly, imparti OF ly 4 por by pertons unprejadiced and duly qualified to make them,’ did not, as required by the sot of Congress of February 26, 1845, set forth poxerta fiers spesitic the grounds of his objection to the regularity and legali- ty of the ap) ment mate, or wherein the appraisers were ic or not duly qualified. Heli farther, that the collector had no authority in law to impose the additional duty of 20 per cent. on this importation, un- der the act of July 30, 1843, sec. 8, because that act re- vaally eng 1d the act of March 8, 1851, ses. 1, , 629,) does not rescind or modify that qualification. Held, that the defendant was not authorized by law to affix that additional duty or ponalt of 20 per cent under the provisions of rec 17 of the of August 80, 1842, (6 Sistutes atLarge, 664,) nor under those of #68. 18 Of the act of March 1, 1843) (3 Statutes at Large, 234,) for like reason 4’ also because the increated duty or penalty specified in both those sete is oe cent, and the collector can substitute no lesser r different one to be exacted. Judgment for the plaim | tiffs for $406 40, with in‘ erest. i Joseph Morris vs. Hugh Maxell —The plaintiff, tm Fes gre 1851, imported an invoice cf needles from Liver- poo), purchased by him in England. the invoice prices were raised by sppraisement and re appraisement as of the time of exportation, over ten per cent., and addi- tional duties and a penalty were levied scoordingly. Thore ‘mposts were paid under protest by the sgent of the plaintiff, and this action was brought to recover them back. The protest was the printed form before adverted to in various cases decided at this term, including also a written clause, ‘that 20 per cent penalty, sec, 8 of tari act of 1846, cannot be exacted except where the importer, has added to his invoice price on entry.” The court de- cided that the appraisement determined the dutiable value of the goods under the provisions of the act of 1812, see. 1 sec. 1 of the act of March 3, 1851, and accord: was bo ground lald for # recovery because of of dates levi that the act of 1861 changed the pericd of valuation by appraisement from the time of purch: to the time of expor- tation, and the appraisers on this occasion adopted the Satter period in making the appraisal. Held farther, that section 8 of the act of 1846 consisted two distinet provisions, one relating to the imports of purchased gods, with 'the privilege to the importer aske an addition on his entry to the invoice cost or val purpose of raising it tothe true maraet value ‘and tbe other provision relater to an addi- of twenty per cent, aod the court, held that the terms ‘seach imports,’’ used in the second braach of the elause,referred to the expression or desoription “ofim~ ports which have been actually purobased,’” employ ed the antecedent branch, and is not limited to the siroam. stances cr candition of an eotry having been made of imports, or an addition im the entry by the impo:ter, the cost or value given by the iavoloe, The court beld, that section 1 of the act of 1861 varied the provi. sionn of nection 8 of the act of 1846 only in Ao far as con. cerns the period of time at which the valuation of i ports ia to be made, and is inno way incoonistent wit the imposition of extra duties under that or aay proood ing act, because of an undervaloation, of importa; section 4 by implicatioa, conti in force ail anteris enactments to that end. Held, scsordingly tha: the 4 it wi thorised by the laws then in fora to 199 the extra duties im question <> by levied in this o Jadgment for defendaat.