The New York Herald Newspaper, December 28, 1853, Page 3

i ) THE MASON WILL CASE, Supreme Court—General Term. Decision of Judge Morris. . snoseh Albion and Helen las wife vs. Isaac Jones and ‘s.—Motion by defendants upon a case to set aside the verdict of the jury and for a new trial. OPINION. Among the questions submitted to the jury for their answer were the following 1. Is the paper writing, purporting to be the last will and testament of John mn, deceased, dated the 26th of September, 1839, the last will and testa- ment of John Mason, de ? 2. Was the said John Mason, at the time of the making and subscribing or acknowledging by him sach Roper writing, of sound mind and memory, and in all respects capable of making a will? ‘There questions the jury anawered in the negative. This application is le upon two grounds:— pe 5 Misdirection of the justice who presided at the 2. The verdict is ‘sn the weight of evidence. The verdict of a jury will not be set aside for miedirection of the Judge if, from the evidence in the cause, this court see the result would have been the same whether the objectionable directions had been given or not; orwhere the evidence in the eause warrants the verdict. 3d Cams. Reps., 85, Depuyster vs. Columbia Insurance Company; 5th Wendel 257, Dean vs. Harrett; 10th Johnson's R., 447, Dole ve. Lyon; 12th Wendel, 299, Parkson vs. Zimmerman. The facts in this case, as established by the evi- dence, are the following:—In 1836, Mr. John Mason, epon tie death of one of his sons. cancelled a will, which he bad previously made, and which had been drawn by, and deposited with, Chancellor McCoua. At the time he cancelled that will, Mr. Mason told Chancellor McCoun he would at some future day call and get him to draw another will for him. Subse- uently to this, upon various occasions, and before the spring of 1839, in casual conversations with Chancellor McCoun, Mr. Mason alluded to the sub- ject of having Chancellor McCoun draw up 8 will for im; to which Mr. McCoun always in substance re- jied— ‘Whenever you desire it to be done call at my office, where you will find me of evenings, and I wil attend to it for you.” During this same period Mr. Mason had several conversations with a friend and relative of his, Mr. John Q. Jones, in which the litigation upon the Lorrillard will, its result, and the difficulty of making a will that would stand legal tests, were the topics of conversation. Io some of these conversations, Mr. Jones stated that “the Revised Siatutes made a good enough will for any man; that he (Jones) had made his will according to the provisious of the Revised Statutes, as near as it could be made.” Mr. Mason observed “He thought a person wight, in a preamble to his will, give his opinion of his heirs, and then he should be allowed to divide his property among them as he pleased.” During the fame period, Mr. Mason freely expressed his convic- tion of his sons’ want of business capacity, and of their propensity to spend money; and as freely pro- clammed the high estimation in which he held his daughters, and the estimation in which ue held his different sons in law. All this occurred before the api of 1839. After the spring of 1839, and before afternoon or evening of September 25, 1839, the evening before his death, there is no evidence ofany act or declaration of Mr. Mason, showing he either contemplated or desired to make a will; but, on the contrary, there is strong negative evidence showing he had determined to die without making a, will. In the summer of 1839, the symptoms of the diseace of which Mr. Mason died exhibited themselves in him, though they were not then so recognized. On the 10th or 12th of September, 1839, Mr. Mason took to his room and bed, and remained there until his death, which oecurred on the 26th of the same month. On the occasion of Mr. Mason taking to his room aud bed, Dr. Berger, for many years his family physician, wassent for. He called, and from examination dis- covered, and s0 informed Mr. Mason, that hisWecease was that of the heart. To this information Mr. Mason promptly replied:—‘I then know, Doctor, that neither you nor any one else can help me;”’ and immediately stated ‘I regret that I have not made a will.” The subsequent evidence in the case shows that this “regret’’ that he had not “ made a will,” was not an expression either of a desire or the determi zation to e a will if he could; but was rather an exclama- spirit, shocked by the sudden tion of & controllin, conviction that his aye were numbered, expressing doubt whether he done right in having deter- mined not to make a will, and is conclusive proof that he. fully appreciated his situation, and that if he desired to make a will he knew he must make it immediately. Dr. Berger, at the same time, informed Mrs. Jones, who was present, the sister or sister-in- Jaw of Mr. Mason, and the family, that Mr. Mason might die at any moment. Dr. Berger sat up with Mr. Mason that night, and states his condition and symptoms were such that he then sup- ee he might off at moment, m this night down to his death suffered severely from the pain of his disease, in pera of hours duration, which sometimes continued for the entire night, and these attacks became more fre- quent and of Icnger duration, and progressively weakered him. . Mason, from the first night Dr. Berger visited him, was perfectly aware of his situa. tion, and that he = expire at any moment. From the 10th or 12th uf September, to and including the 22d of the same mouth, some friends, not of his im- mediate family, visited him, and their evidence es- tabliches, that down to and including the 22d of Sep- tember, Mr. Mason’s conversation and acts exhibited his accustomed strong practical judgment. Among these visiters were Chsmcellor McCoun asd Mr. Joha Q. Jonez—the same Mr. Jones with whom Mr. Mason, prior to the spring of 1839, had conversed upon the subject of a will; and to Chancellor McCoun, before that spring, he bad said he would, when he wished & will drawn, call upon him to draw it. With both | these gentlemen he conversed pas business. The | busizess Chancellor MoCoun had with him was im | Up or noticed m relation to a declaration of trust, in favor of one of | Mr. Mazon’s sons, of a farm on ‘Long Island, which | Mr. Mason had paid for, and the title had been taken in Chancellor McCoun’s name. Mr. Mason directed alterations to be made in the declaration of trast. | Here was Mr, Mason, in the full ion of bis intellect, conscions that he might die at any | moment, ard that he must die in a few hours at the farthest, and that no buman means could prolong his life, sonversing with the man of all ethers in whom | he would confide the drawing of his will, and yet he did not allude to the subject of a will. Would he | have thue acted unless at that time, from ma- | ture deliberation, he had determined to die with- oatawill? [think he would not. At this time, as | late as the 22d, Mr. Mason could lay upon his back, | with his head raised only with hig pillow. And there had been no wandering of bis mind; be had not talk- | b ed incoherently; he bad not spoken of things and objects as being present which were not there; he | had in all respects, under every circumstance, down to aud including this 22d of September, shown the possession of his usual strong practical intellect. After the 22d the evidence shows his condition, phy- sical and mental, was much impaired. After the 22d Mr. Mason was seen by no person except histwo | daughters, Mrs. Issac and Cot‘ord Jones; his two | sons-in-law, Isaac and George Jenes; Dr. Berger, Dr. Van Rensselaer, Mr. Strong, and the domestics. | ‘The evidence shows that after the 22d he was go ill | that they refased his sister, Mrs, Jones, and his | friend and former partner, Mr. Hasburgh, ac- | cess to him; and that after the 22d, and | betore the afternoon of the 25th of September, | they were obliged to raise Mr. Mason to a | gettin, ition upon his bed, with pillows and a ebair behind him, and with a rope or board in front of him to prevent his leaning over forward. He wandered in his mind; would hold his hands to his head as if thynking intently, and would talk incohe- rently. After the 22d and before the 25th, Mr. H. W. Field saw Mr. John Q. Jones at the Chemi- cal Bank. -Mr. John Q. Jones informed Mr. Field of Mr. Mason’s situation, and also | that Mr. Mason had not made a will. Mr. Field sug- ges'ed to Mr. Jobn Q. Jones that Mr. Mason ought to make a will, if only appointing exesutors, to save the necessity of getting security fur administrators. This soggesticn Mr. John Q. Jones repeated to Mr. Isaac Jones, who then om Mr. Strong the draft of a will only ointing executors for | Mr. Mason to sign. When Mr. Isaac Jones ap lied to Mr. Strong to make his draft will, he told Mr. Strong that Mr. Mason was very ill; that they had discovered Mr. Mason had no will by him ; that he had not alluded te the subject of making a will; | that be (Mr. Jones,) wanted this will ready, so that, should Mr. Mason mention the subjeet of making a will, they might have one ready for him to sign. Mr. Strong drew the will, and gave it to Mr. Tames Jones. These last transactions could not have occurred earlier than cn the 23d, for on the 22d Mr. John G. Jones saw Mr, Mason for the last time, and his evidence conclasively leaves the im- pression that his intercourse with Mr. Field was alter he bad seen Mr. Masen for the last time. This will, only appointing executors, must have | gone into the hands of the tamily on the 23d, and | mast also have gone into the hands of Mrs. Colford | Jones, for the evidence shows neither of the Messrs. | Jones ever bad any conversation with Mr. Mason | about a will. Therefore, Mrs. Colford Jones had this prepared wilitn her hands from the 23d until | the afternoon of the 25th, before Mr. Mason either ascented to make a will or gave instructions for drawing one. On the 25th, at six o’clock in the evening, Messrs. [saac and George Jones called on Mr. George W. Strong, and asked him to draw a will for Mr. Mason to execu'e. They stated they had not received the instructions from Mr. Mason, but had received them from Mrs. Colford Jones, who said she had received them from Mr. Mason; they stated they had looked for Mr. Strong in the afternoon, and, not being able to flud him, had returned to Mrs. Colford Joves’s, and heard the in- structions reported to them, that they might not | make a mistake. They each told to Mr. Strong instructions, neither repeating what the other sated. Mr, Strong promised to have the éraft pre- d for the ¢xamination of the Messrs. Jones oF | o’clock the next morning, when they were to call gt bis office, and which was the only appointment s re] and be a witness to it. statement of Mr. Mason, tha! Mr. Strong would be there the next day, was not founded in fact, because at that eke. Seay had made no appointment to be there; the only sppointment made by him was with the Messrs. Jones, to meet them at his office in the morning at 7 o'clock, to ex: amine the draft of the will. Pian oe night of the 256th the evidence balay ee tee ir. Mason had continuous paro; of 3 time he was apeedhleas, and did not know what was occurring ; that they “had to rub him with brandy to bring im to;” that Dr. Berger, along side of the bed, in tones sufficiently loud to have been heard by Mr. Mason, had he been sensible, stated to Mr. Isaac Jones “It was useless to give Mr. Mason inp that all that could be done Lepr ne gry t as he could.” On the morning of the 26th of P tember, the Messrs. Jones, according to appoint: ment, called at Mr, Strong’s office at 7 o’clock and had the will read over to them. After the will was read and by them approved, there were great exer: tions made to ob ita immediate engrossment, in which efforts the Messrs. Jones participated. There was no time specified when the will would be epgrossed—no time appointed at which Mr. Stron would be at Mr. Mason’s with the en; will. Mr. Isaac Jones remained some time at Mr. Strong’s office door with a carriage, to take Mr. Strong with the will,as soon as it should be engrossed, to Mr. Mason’s house. When the will was finished Mr. Isaac Jones nad left, and Mr. Strong was obliged to rocure a hackney coach totake him to Mr. Mason’s. uring the morning of the 26th ef September, while the transactions were occurring at Mr. Strong’s office, the evidence shows the following facts and ineidents transpired in Mr. Mason’s bedroom:—Dr. Berger had been with Mr. Mason all night, andre- mained with him until about 6 o’clock, when he left. He returned between 8 and 9 o'clock; stayed a short. time with him, then went away, and returned about 104 o'clock, and remained with him until he died. Dr. Berger testifies that when he was leaving Mr. Ma- son upon one of these ocaasions that morning— Sr. Masen requested me to be present at about 1% o'clock, cn that day, to witness his will; when I want away I said I would go and pay my visit, and endeavor t be back when the gentlemen would be’ there to sign hi; wi Dr. Berger does not state when this conversation took place, whether before he left at 6 o'clock, o before he left a little past 9 o’clock; in either event however, Mr. Mason could not have had reason to know the hour Mr. Strong would be there with the will, because Mr. Strong did not know; he had made no appointment on the subject; and the Messrs, Jones were then down town assisting Mr. Strong to procure a copyist, and were waiting to bring Mr. Btrong up. The condition of Mr. Mason, physieally and mentally, on that morning, as described by the pineites, and in the Order of time spoken of, was a3 follows:— Mary Gillan—Was ip the reom early in the next mora- ing (26), at 6 or 64¢ o’clock; it might have been earlier; he was half sitting up in bed against a chair behind him, with pillows to support him, with @ piece of board in front torupport him to keep him from leaning over; he appeared weak, and his oven ran water a good deal: at that time in the morning he was praising the coackman, saying he was a good coachman for working so hard; Mr. Meson’s wiacow looked into the yard towards the stable; it was not the fact that the coachman was net there; he said he was a faithful coashman; he spoke as if he saw the coachman there at his work; the coachman was not there at all; I noticed Mr. Mason was mistaken; did net tell Mr, Mason of his mistake; did mot like to contradict bin. Ellen Graham— Was twice or thrice in Mr, Mason’s room om the day he died; first went in about breakfast time: went im to see {f he wanted anything, and to see how he did; Mary Gil. Jan was in the room; she was wiping his face; thinks the witness spoke to him; thiass Mr. Mason made no answer; he raived bis head alittle, but did mot answer; he ap- peared to be very low; did mut appear to take much nn hers Waste eee on the day he died for a few momenta only; Mr. Mason was talking or muttering to himself; eannot exactly tell how long he talked and muttered to himself; she noticed Mr. Mas uliar about hi Dr. J iah Van Rensselaer, on the morning Mr. Mason died, went into his room after breakfast, be- fore 9 o'clock. Mr. Mason was seatec in bed, and a weman not far from him, between him and fireplace; that he took her to be the nurse, Witners acdressing Mr. Mason, said :— “How do you do, sir.” He knew witness and said, “‘How do you do, sir, or how do yeu do, Doctor.” He then said something about horses in the yard. Witness asked the woman what he meant by it? She replied: ‘He thought a)l the morning that the man had the horses in the yard,” Witness asked the servant if the man had the horses in the yard? at the same time witness advanced to the win- dow and looked into the yard himrelt; womau smiled and said: “He did not know what’ he was saying—he often wandered;”’ witness felt very sorry and left the rocm; when witness looked he saw there were 20 horses in the yard; it was very evident Mason did not under. ing about. Con- Understood he died that day; lived next door and heard of the death imme- diately after it occurred. Mr. Maron did not appear ca- pable of carrying on # conversation at that ti: ae Grabam again went in between 11 and 12 ry ae Mrs. Jones called her in to bring a coverlid for Mr Mason’s bed, for there were two gentlemen coming in a few minute: lsid the coverlid on the foot of the bed; at this time rhe thought he was dying; he was much lower than before; he was lying over in his usual man- ner, with «stick or rope in front; he could not lie doen; he appeared to be dying; he appeared to be as if he could not speak at all; he might roll his head around; he did mot appear in much agony; this se,0nd time she did not, mor did any one ele to him, nor did she hear him speak; the wate running out of his eyes both times; his eyes were glassy like death; I dor’t think he looked bis face and eyes were not natural as ahe had seen them before; Mrs. Jonea’ manner was this: she told her to go straight out and let no person in, as those gentlemen were expected. At the conclusion of this last testimony Mrs. Jones was left alone with her father. The nex: fact in or- der of time is, Mr. Strong testified:— I reached Mr. Mason’s house a litle or somewhat after eleven o’clock, or it might have been more than half pest eleven o’olock, but I do mot think it was 10 late, because afier the will was executed and I had left joure I looked at my watch, and it wanted a few ‘18 to twelve—I think two or three intautes: but I ot judge accurately as to the length of time I was in the boure. Upon Mr. Strong’s reaching the house he was met by Mr. Isaac Jones, and immediately by him con- ducted to Mr. Mason’s room. He then, when he first went in, saw Mr. George Jones and Dr. Berger. He was not formally introduced to Mr. Masan, for they bad known each other for many "a. Mr. Mason was sitting up, supported by bolsters at his ack— I think I spoke to Mr. Mason, asked him how he did, and told bim I had prepared a will for him, which I had ought, and asked him if I should read it to him; I do not recollect positively whether Mr. Mason answered either or both these questions, bat my impression de- cidedly is that he re \d me to read the will to him: I cannot say positively that he signified such request by words, but my impression is that he signified his request by words; but what those words wore { do not recollect; rhaps I ovght to add that during my stay {a bia room Tasccrscet no difficulty in bis speech; iny impression decidedly 18 that he requested me to read the will, that is, in answer to my question whether | should read it, he raid pee) or something to that effect; Ido not believe that I derived a knowledge of his assent te my reading the will from his looke and gestares merely; and yet I ought ‘to add that I cannot recall the precise circums:ances to wy present recol'ection. After addressing these questions to Mr. Mason and receiving the answer— I:mwediately proceeded to read the will, standing by his side; I eadeavored to, and I bslieve I ‘did, read the will audibly, correctly and distinctly, but at ‘the sam time having noticed that Mr. Mason appeared to 14bi very much in breathing. and understanding shat he was xear hit end, Ir much rapidity aa I deemed to if my duty in reading the wil reading the will that the two ord Joue#) came into the rocm, end I observed, after I lad fluished the reading of the will, that they bad left the room; I did not see the Indies until they ‘came into the room while I was reading the will; Tread tue will through without pausing, and. hav- ing done so, I arhed Mr. Mason in reference to the whole, and not to Avy particuler part of it, woether he ua er. stood it, to which he answered that he did; I then esked him i{ fc was oorrest; he said it was; and’in answer to one of there questions, Iam not sure whieh, but thiak it was the first, be said ‘perfectly;” I eaonot charge my mind with the precias werda he used in anawer to the question, “was it correct?” but it was either yes or some other expression tantamount to that, conveyirg an uo- quslited assent to it; immediately after the will was read, ir. Mason directed 's large book, to which he poiut- ed, to be brought and Isid before bim, and di- resting, as I well recollect, the psrtioular maa- ret in which the book rhonld be placed before him; the will was then spread before him on this large book, and a pen and is! nigned ¢ westions: stand what he, Mr. Mason, was 4 or some expression tantamount to that, I cannot chargs my mind with the very words he used; and soond, whether he requested Dr. Bergor and myseK to witness it? to which he assented in same manner. Dr. Berger ‘and myself be same the subscribing witnesses, which was done immediately, in the room, and in the presence of the testator; and i recollect that Mr. Mason, immediately after, acked fora tumbler of water, which I think Dr. Berger Fanced to him. I then banded the will to Mr, George Jones, and then left the room, and never saw Mr Mason aiter. Tom familiar with the manner in which wille are usually executed, and this was in all raspects executed in the usual maxner, I should say (tha will waa executed) not far from ten mianter to 12 o’oloch; it ¢id not excee’ fiftean minates from 12 o’slock. I not anawer with precision (how long I was to Mr, Mason's room) Hecatse I cannot tell how Ieng it took me to 16a the will; the principal time was osoapied in reading and executing the will; {t probably war from twonty micutes to half an hour; 1 do nyt know that I can aoawer the question with more preci-fon than that; whoa I had left the house I locked a' my watch, aniit wanted » few mirutes to 12 o’clock+1 thiit two or three minutes Dr. Berger's testimony in relation to the execution of the will and the attendant circumstances is snb- stantially the same with that of Mr. Strong. Dr. | Berger teatifie I gave buna drink a minute or two before he diol, which he asked n@ for: I whould think about aa hour be- fore I gaye him his next previows drink, | . Berger and Mr. Strong both testify that, in one in ie cw 8 the time he exe guied the will, of sound mind, and that he understood the will. Berger testified :— otkers present, but I sm not certain ; he died about one or a quarter past one o’clock ; I cannot recollect the time i shonle think ote. Maron died) three quarters ofan hour or less, after Mr. Strong left the room. Mary Murphy testifie Mason, she two coming up stairs one of meat en 4 them bad a paper im be ; she went to the kitchen, the cock (to prepare the drink); she was about twenty waiting for the driak, and as she t the gentleman who went up with pa returning down stairs; he went out of the front door; as she go’ she Jones came out, took the drink, and went room, and shut the deor, leaving the witnesss in the ea- try; Mrs Jones said not! ng. few minutes after this, she heard of Mr. Mason’s death; Mra. Jones told her he was cead. This witress laid him out. Ellen Graham testified:— She was in the parl.r of young John Mason, over the street door heard the lawyer (Mr. Strong) go oat; en at the gate; I plsoed young Joba e carrisge; when she came back, met Mr. George and Mra. Rebecca Jones on the stairs, who told her Mr. Mason was dead; this was but a few moments r the lewyer left, I should think not more than yn—not much more, anyhow, Catherine Riley testified :— On the day Mr. Mason died, she farni:hed a drink ia the kitchen, handed it to Mary Murphy, who came down ina hurry for it; heard of bis death in less then haif ao hour after this, the nurse—about half an hour be- tween her going up with the drink and her hearing of Mr. Mason’s death. The evidence in the case establishes the following facts :—Mr. Mason was in the perfect pessession of his intellect down to and including Sept. 22, 1839. As early as Sept. 10 or 12, he was conscious that he must die soon thereafter, and that he might die at any moment. The subject of making @ will was theught of by him, and down to and including the 224, he had determined not to make a will. m the 22d, down to the afternoon of the 52th, his body and his mind rapidly decayed. On the night of the 25th, down to and including 11 o’clocx on the 26th, Mr. Mason’s mind was in the , hot present ; his mind eaw and spoke to and of subjecta as being present which were not present; spoke of the ad- mittance of facts which were not facts. Disease and pain had placed him in that state of superannuation when the physical lives beyond the mental, when the mind is only present in the past. Mr. Strong entered Mr. Mason’s bedroom at half-past 11 o'clock, and left it again at five minutes before 12 o'clock. Of the twenty-five minutes Mr. Strong was in Mr. Mason’s room, twenty of them were con- sumed in reading the will. The glass of wa- ter which Dr. Berger gave to Mr. Mason in Mr. S:rong’s presence after the will had been signed, was the last drink which Dr. Berger gave to Mr. Mason; and Mr. Mason died within five minutes efter that drink. Mr. Strong reached the street three minntes before 12 o'clock. At 12 o’clock Mr. Mason was dead. The wil! was signed by Mr. Mason not more than fifteen minutes before his death. The only remaining question of fact is whether Mr. Mason, Rosanna all the foregoing established facts, was, during the twenty minutes Mr. Strong was reading the will, and the time Mr. Mason wassigning and acknowledging it, restored to the jion of a disposing mind, Incr SO understanding; for if he was, the will is good. e testimony of Mr. Strong, while it shows the presence of approaching deatn, makiug rapidity of action on the part of Mr. Stron: necessary, states facts which, to an intelligent mind, not cognizant of the oecurrences of the previous twen- -four hours, were consistent with the possession by . Mason of disposing mind and memory; yet those facts are not inconsistent with the mec! ical per- formance by Mr. Mason! of habitual business acts in the absence of mental direction. The jury, by their verdict, found the exiatence of the latter fact. In my judgement, the evidence fully justifies such conclu- sion. No direction of a Court could as strongly indi- cate the result the jury arrived at as the simple statement of the evidence in the chronological order of events. The motion for a new trial should be de- nied, with costs. Supreme Court.—In Chambers, - Before Hou. Jude Mitenell. THE EXTRADITION CAaR. Dro. 27.—In the Matter of Alexander Heilbonn, claimed by the British Government under the act of treaty, as a fugitive fem @ charge of Forgery.—Mr. Charles nor, United istrict Attorney, sppeared on behalf of the go- vermment, to see that the provisions of the treaty were fulfilled and to enter « respectful protest against the in- terference of the State Court with the federal authorities. He aaid it was unnecessary for him to state the precise form ‘n which the questiom comes before this Cle as the ossurrences which taken place ia this an other courts, plainly show the form in which the matter now appears. Procee: are pending agsinst the ac- cused party, Altxander Heilbonn, in the courts in Great Britain, to determine his guilt or iunocence on s charge of forgery. He was arrested here, and proceediage were commie ced before a magi: trate of the United states, as he supposed, in dus form; while te proceecicgs ’ there pending, this court issued a writ of habeas corpus to inquire into the detention of the party. The Judge had before him all the papers ia the case and it is now asked that’ his Honor determine whether that prisoner shall be delivered up or not. It might not be of any great politizal importance either to the interests of this country, or to the traaty ia question, or to the ends of justice, whether his Hoaor came to any decisien on the matter now. Bat the prac tice of the State Courts arresting the proseedings of ths United States Courts, has become so extensive and so in convenient, that it is regarded byj the authorities a5 an important question whether the courts of the United Ststes can or esnnot administer the laws. For that rea. sop this is consi¢ered a proper time to raive the questiva, and it is, therefore, intended to resist this writ which his honor the Judge hes allowed, and thereby bring it to = test. The courts of the United States exercixe » special limited authority, while the court: of the State may be said to exercise a more ualimited and loosely described authority, Mr. O’Conor weot on to show that the con- flicting authorities of the State and United Ststes courts would, in these matters, lead to very grest inconvenience. If it were to go on thus, we might have the Sheriff of New York in the custody of the Uni ed States Marshal acd the Marehel in the custody of the Sherif It 14 conceived that the writ of }abeas corpus, secured by the con- stitution of the United States, and re;ulated by the laws of the Union, is the proper resort of persons con ceiving themeelues feved by detention in the custody of a marshal of the United states under color of process fesued by @ judicial gficer scting under the laws of the United Stat The writ of habeas corpus, issued under State authority, is not appropriate to such ca: d cannot lawfully be issued. For this reason, and egard this writ of habeas ation of its validity to the Su- re ted. States im some proper form. that way an suthoritative jacgment can te had, settling finally whether the magistracy of the Uaited Btates exercise over the cases within their jurisdiciom an independent authority, or whether, at every step in the progrecs of s case before them, their prooeedings may be interrupted and subjecte! to revision before any ons of the numerous State jadges who are invested by the State statutes with the wer to issue a habeas corpus, He Mr O'Conor, therefore reapetfally informed the Judge that it has been cetermised that the marshal shall not yield any further obedience to his honor in this matter The Judge inquiced if Mr. O'Conor was willing, on the art of the government, to listen to any suggestions from im. Mr. O'Conor, after some other observations ato the mann-r fs which the action of the United States authori: tie: had been intetered with in Pennsylvania, Ohio, Wiscon- sin, and now in New York, said it was the desire of the ggrverse: ent that he should resist the present interfereaee, would be glad to hear any suggestions from the Judge, ard to let the matter remain open for his honor’s con: sideration. ‘The Judge said it appeared to him that he should give his decision, and then an appeal could te taken to the general term of this court; acd tenef the decisi the general term was against the United S.ates ala be taken to the Court of Appeals of tae United . O'Conor referred the Judge to the dd Rey. Stat, p. 08. rections 84, 85. 86. The Judge seid he war desirous of deciding the case ia accordanee with the views of the law, andof putticg It in such fora se it might come before a higher t Mr. 0’Conor remarked, thet if thia st decid the pdsoner be dischatgei, and he in kept im custo dy, be may immediately commence sn action agsinet the marthel ‘To that proceeding, he, Mr. U'Conor, would o couree demur. Mr. Busteed, on bebalf of Heilbonn did not feel at lib- erty to coment to any further postpocement, an! re- marked that in the event of the Judge ordering the dis ebarce of the prieoner, and the marshal refusing ‘0 choy the fival order of this ‘Court, he, the warshal, would iv- cura penalty of $1,000 for which thar respectable old gertleman, Unele Sam, would have ta indemuify him, Decision reverved until thie, (Wedcesday) morniog The prisoner waa not im court. It thus appears that the Marshs}, as kr O’Conor plainly stated, intenda to dis- Tegard the order of the State court. and’ we apprehend that in the event of the Judge ordering the discharge of the prisoner, and the refusal of the United S:ates authori tien to obey the e:der, & collision of powers will take place which may immortalizs Hiclboun, the poor and humble fogitive from British justice. The Terhune & Marin Guard, Capt. Joveph A, Gardner, went on their first annual excursion on Mondsy, the 26ch, to Forcham, This company is composed of the persona employed at Meters, T. & M.'s extensive cooperage estab Uahwent, 24 Water street. They mastered eighty-nine, officers and privates; snd, after contending, in a remarka bly skilfal manner, for prizes, twenty.seven {n numer, presented by the first ward merchants, and ranging in @ from $8@ to $5, returned home in the evening, ighly delighted with the day’s pleasure, and after nine hearty cheer for Messrs, 7. & M., adjourned te meet again next Christmas. The Know Nothing Guards, Capt, H F, Li-banan, num dering forty muskets, mode their first annual target ox- oursicm on Monéay. They had @ #plendid pair o) colors preeented to them by a | dy of Kighth avenue, “Patan Accrpent at Hartrorp.—Mr. Levi Ha- | maston, of Enfield, fell from the scaffolding at the great bridge this morning, (Dec. 26,) as he was at work upon the now frame of timbers that are now being placed in the bridge. The distance of his fall ‘was about 12 feet, and he was instantly killed. The skull near his temp\e was broken. He was a middle aged man, @ bridge builder, and leaves a wife and six chiddrep iy Lufleli—Hartford Tues, Dec. 26. NEW YORK COMMON COUNCIL. OPFIOIAL. Stated Session. Boaxp ov Aperuen, Dee. 27, 1858. Present—Aldermen Moore, Haley, Sturtevant. Oakley, Boyoe, Barr, Tweed, Brisley, Francis, Smith, Tiewann, be ye Bard, Ward, Denman, Cornell, Alvord, Doberty The President being absent at rollcall, Alderman Starte- vant was appointed President pro tem. ‘The minutes of the last meeting were read and approved. PHTITIONS. By Alderman Tizmasx—Petition of the mening Bap- | tist Church to have two lamps placed in front thet eburch in Twenty third street, between Fifth and Sixth avenues. Granted. By Alderman Oaxtry—Patition of Hose Company No. 16 to be located in the Fourth ward. To Commitvee en Fire | Department. | RESOLUTIONS, By Alderman Atvorp—Rerolved, That the sidewalk on the west side of Fourth avenue, between Twenty third | and Twenty fourth streets, be laid with flagging five feet pee ot gee the direction of the Street Commissioner. opted. By Alderman Barp—Resolve3, That Hose Company No. 3 be allowed five additional men. Laid on the table. By Alderman Barx—Resolved, That whenever estimates have been received fer work to be ex:cuted for the Lon 4 | | government, the bead of departments receiving sus estimates shall immediately tr ereafter cause to be piaced | in some conspicuous place in his office » list stating work estimated for, numbers of bics received, aud from whom, | and the amount of each bid received Adopted. By Alderman Ticmaxn—Resolved, That the Clerk to the Common Council cause to be puolished in pamphlet form all railroad grants made by the corporation. adopted. By Alderman Douznry— ved, That the Sixth and th Avenue Railroad Companies be, and they are hereby, directed to transfer passengers from and to their cars running, to Broadway and Canal atreet, and from and to ears running to Barclay street, without ad- ditional charge so thi engers will be required to pay but one fare of five cents upon their oars from and to either or both their terminstions Adopted. By Alderman Swrra—Resolved That the interest paid toSouthwark Engine Company No, 88 shall cease on the day that the money ia paid for said engine. Adopted. By Alderman Fra: —Wh-reas, It ues been for a long time in contemplation to light the wharves, piers, slips, and harbor at night, and as the Commissioner of Lamps and Gas has wituesed several experiments within the last two or three moxths, and aa it is his opinion that acme of the experiments will answer the purposes ia tended; therefore, Resolved, That the Commissioner of Lamps and Gay be authorized’ to advertire for proposals to tight the wharves, piers, Flips. and her bor in the best manner, commensinz at pier foot of Teoth street, East river, and coming dowa ‘anc around the Pattery to euch point on the North river, foot of Twenty-third street, as the Commissioner of Lan pa and Gas may think best. Acopted By Alderman Moors— Resolved, That the Street Com missioner be, and is hereby, requested to communicate to this Board by what autoority ths buildings ara now being erected on piers 2 and 3 North river, and on the bwkhead between, piers 2 and 3 North river. Adopted. By AlJerman HaLsy—Resolred, That the salary of the Clerk of Fulton market be, and the +a ne is hereby, in creased from eight hundred to one thousand dollara per annum. Lost, subsequently reconsi?ered, and adopted. By Alderman Francis—Kesolved, That the Commis sioner cf Camps and Gae be authorized to place gas lampa where mains are now laid within the districts of the Now York and Manhattan Gas Light Companies, Adopted. COMMUNICATIONS. From the Comptroller, asking to have the word ‘thirty’? substituted for *‘ ten’ in the grant of the ferry from the foot of Chambers street to Payonia avenue, ‘Adopted. From Commissioner of Repairs and Supplies, with esti mates and award of contract for rebuilding Catharine market, Adopted on a division, viz :— Affirmative—Alcermen, Moore, Haley, Sturtevant, Oskley, Boyce, Brisley, Francis,’ Smith, Tiemann, Pear sal, Denman, and Doherty—13, Negative—Alderman Barr—1 From the same, relative to Firemen’s Hall. Adopted. From the Street Commissioner, relative to the bulk- head at the foot of 13lst street, Northriver. To Com mittee ou Wharves, &c. ‘MESSAGES FROM THR MAYOR. | Mayor’s Orrick, Deo, 28, 1853. To Tre HONORABLE THE BOARD OF ALDERMEN : Gentlemen:—I return, without my approval, a resola- tion directing s pier to be built at the foot of Sixth street, East river, 350 feet long, with two blocks and two bridges, under the direction of the Street Commissioner. On the 234 of November last I signed a resolation which had been passed on the 2lst of the mission to Wm. H. Webb to build a jixth street, and a bulkhead irom ‘th to Seventh streets, on & ith Mangin street, on hia property, and at bis own expense. As scarcely » month has lspeed since the pa: of the above quoted, and as Webb has, I am iaformed, made preparation: avail himself of the permission granted as early ticable, Icannot see any govd reason why it should be now rescinded, for such would be the virtual effect of the resclution submitted for :my approval. turn the paper for ycur réconsideration. JACOB A. WESTERVELT. Which was directed to be entered at length on the minutes, and published in one or more of the public newspapers. To tue HoNORARIX THE BOARD OF ALDERMEN: — Gentlemen—I retui without spp-oving, the resola- smert be directed , the provable nd rock to be excavated.” at Department to a was the former practice of the Department, until experi- ence proved the effect to be i: jurious to the inte-wsts of the persons assessed for the work and frequ-ntly the esuse of error in awarding the contract, Tae mate of the probable quantity of rock to be encountere * in excavating for a sewer is purely conjectural, and the Depsrtment deem it incorrect ia priceiple to oom- pote it on m® fixed quantity ia determiaing which proporal is the lowest. Trey have, therefore, in the specifications issued - for constructing sewers, re uired the prepural to name a price per lineal foot lor buildiwg the sewer, whicn shall include all the continge cies connected therewith. This mode affordes certainty in ascertaining which is the lewest bid, while sp xniform rate of two collars per yard is allowed for rock removed. Thia rate of two dollars per yard for rock removeo was arrived at after due consideration, and is about the average price bid for such work for an exten- sive period of time, and is generally deemed a fair one for all parties. With the working of the present system the Department {s entirely satisfied, and it is believed that the public are also equally benefited and pleased with its results; nor have ary complaiats been made against the same to the department by the persons interested aa oon- ‘tractors for public wor! Lam therefere of opinion that the resolution is unnecessary, and that ita effect would be injurious to the public interest. Dac. 28, 1863. JAO0O8 A. WESTERVELT, Mayor. Which was dirested to be entered at le: I therefore re- rth a of on the muputes, and published ir one or more public newspapers. Of Committee on Finarce—in favar of paying Gatret H. StrykerandE Delafield Smith for counsel fees in the Nineteenth ward election cdse. Adopted. © Of Committee on Fire Department—In favor of orgauiz ing ® hydrant company in the Seventh waid. Adopted. MOTION. Alderman Boycn moved to take up report of Committee on Fire Department in favor of paying bills inew red by Engine Company No. 88, laid onthe table December 9, which was carried. The question being taker adopting the report, con: curring with the Board o! Assistants, the same was lost for want of a constitutional vote. FROM BOARD OF ASSISTANTS. Resolotion- That South street, on the corner of Pike, be reyaired forthwith. Concurred in. Resolntion—That the Street Commis: r is hereby irected to make arrangements with the contractor on t ttreet, for filling up the space one hundred h ie. To Committee on Roads. Resolution—That ten additional men be allowed to Ea- sige Company No. 20. Laid ov the able. port of Committee on Assesementa-Ia favor of re Heving {. McLaughlin from an erroneous assessment. To Committee on Arsessments Alcerman Oaktay moved to take up document 65, being report o’ Committee on Fiance, in favor of purchasing lots on Ward’s Island from A. McOotter Oa motion, relaid on le. On notion, the report cf Committee on Streets, in fa vor of widening Albany street, was taken up and con- sidered, The same was adopted on a division, viz :— Afiirmative—Aldermen Moore, Hi Sturtevant, Oak- ley, Hoyer, Barr, the President. Al n Francis, § Bard. Dentsan, Cornell, Doherty, Peck.—14. Negative—alderman Tieman —1. RPORTS RESUMED Of Committee on Streets—In favor of extending the Borery to Franklin tquare, Adopted on # divition, vig. Affirma'ive—Aldermen Moore, Haley, Sturtevant, Oak- Jey Beir, Tweed, Brisiey, Francie, Smith. Tiemann, Péartali Berd, Dentoan, Cornell, Doherty. Peck—16. Ot Com mittee en Ssisties and Ofice:—To concur to in- crense salary of the copyicg clerk io the Street Depart meet. Adopted. OF Commiites on Ficance—In favor of remitting fine of $iCOngsinst Chas. H Smith. Adopte? Of Committee on Repairs and Supplies—Io favor of an extra clerk for the office «f the Commusione: of Repairs ara Supplies. Adopted. Of Committee on Finance~In favor of incempifying George White egaicrt damages, &e. Adoptel ‘Alterman Feancis moved to take up dveument 69, bei: g report of Committee on Law ps and Gas in favor of Jighting the streets of the city all night ; which was car- ried. The same war them adopted Op motion, document 70 was taken up, the same being report of Committee oa Lamps and Gas in favor of ne king acontact with the New York Gas Light Company to light the lower part of the city for one year. After ¢ mideration, the same was adopted. Report of Committee on Salaries ard Officts—In favor of increasing ralaries of Hydrant Inspector. Ad: ptad. On motion, the report of the Committee on anced in favor of abolishing the public pound in Eighteenth | ‘wan taken up and adopted. port of Vommittee on Assesements—In favor of re- lieving John Tw ner of assesement. Adopted, Report of Committee on Salaries and Offises—In favor of ine ing salary of John 8. Halsted, Clerk to the Com: | Repaire and Supplies. Adopted. Committee—In favor of increasing salaries of the effice of Register of Croton Water Rents. | Adopted. Alderman Smita moved to take up document 61. being a report of Committee on Wherven, Piers, and Slips in favor of altering line of Battery enlargement, allowing | room fer a ferry sp (laid on table Dec. 9,) whieh was carried | Pending the consideration of the ram¢—Oo motion, the Board then « journed until to morrow evening, 28th i wi 5 o'clock, DT. VALENTINE, C er! Boakp OF AssistaNT ALDERMEN, Tuesday, Dwo. 27, 1868, Present--Jonathan Trotter, Eq, Prosident, in the | chair; Aneitant Alds men Brown, Tait, Mabbatt O’Brien, Maybee, Breaden, Wo dward, Rirg, Wells Hant, Bouton, | MeGown, Stewart, Wheelan, B rker, MoConkey. PETITION By Assistant Alderman Bovroy—Of seven bandred end fen firemen, against the alteration of the ordinance in relation to the election of Uaiet Kogineer and Assistant | lag Satterlee and otoers. | pored shect weuld bean Impo Roger’, O'Keefe and | & pe pond &o.,, of Fire Department. To Committee on Ordinances,” RESOLUTION. By Assistant Alderman Mavustr—That 119th street, from Third avenue to East river, be flagged on both sice: 8 space four feet wide. To Committee on Roads. REPORTS. Of Committee on Fire Department—To concur to make alterations to house of Engine Company No. 2; in ‘avor of paying bill of repairs to house of Hose Company No 26. Both adopted, each by the following vote:— Affirmative—The President, Messrs yw, Tait, Mab: batt, O’Brien Maybee, Breaden, Woodward, Riag, Weils, Hunt, Bouton, McGown Stewart, Wheelan, Barker, Rogers, Crawford and O’Keefe—19. FYROM BOARD OF ALDERMEN, Reporte—In favor of coonecting sewers in Twenty-second street, on east aad west siden of Second avenue; in favor of sewers in Twenty seventh street, between Eighth aad Ninto avenues; ip Franklin street, between Centre and Orange; in East Broadway, from Jefferson to Clinton Seventh avenue, from Twenty fifth to Tweoty, sixth street; in favor of permitting 1. Chapin to bi sewer at his own expense. All to Committes on Sewers. Reporis—In favor of cancelling asseasment tale ef lot on Fighty sixth street; ia favor of remitting tax, for 1853, against H Bran; in favor of remitting tax against Doug: All to Cow mi.tee on Finance. Reporie—In favor of paying Lewis B, Tibbate $100 for injuries received ot fre at Peat] street; in favor of paying Wm. H. Ruck $100 for injuries received at fire in Crosby street. Both adopted; each by the following vote:— Affirmative—The President, Messrs, Brown. Tait, Mab batt, O'Brien, Maybe, Breaden, Woodward Ring. Wells. Hunt, Bouton, McGown, Stewart, Wheelan, Barker, Rogers [Crawford, and O'Keefe—10: port—In favor of opening, regulating, and grading Mangin street. from Stanton to Houston street, To Jom mittee on Stree Report~ In favor of changing the grade of Ninth ave- venne, between Forty sixth,end Forty-eighth streets, and Fo pigte and Vorty ninth streets between Ninth aad nth avenues, acd Forty-sixth and Forty seventh ets between Eighth and Teath aveaues, To Com- mittee on Reads. Communieation— Relative to apportionment for paving Eleventh avenue, from Forty third to Forty-eighth streets ., To Committee on Assessments. Report—On petition ef Fraccis MsBarren, to refund Askeroment. Adopted by the following vote:— Affi:wa'ive—The President, Messrs B-own, Toit, Mab bat , O Briew, Mayhee, Broaden, Woodward, Riog. Wells, Hunt, Bouton, McG: wn, Stewart, Wheelan, Barker, Ro gers, Cawford, ani 0’ Keefe—19 Report—In favor cf lesen; auction, To Committee on Fer ies Report—Relative to the Sixteenth ward station house. To Committce on Repairs and Supplies £A Communteation of Commissioner of Supplies—Awarcing contract for buildi:g engine for /o No. 88 to Jobn W. Scherck, and appropria $1,000 therefor Coseurred in by the following vo Afficmative—The Provident, Morsra Brown, Tait, Mich batt, O'Sriep, Maybee, Sreaden, Woodward, Ring. Wells, Hunt, Routon, MoGorn, Stewart, Wheelan, Barker Rogers, Crawford, and O'Keefo—19, Keport—Io favor of paying the bills incurred by Hose Co. No. 4. To Committee ou Fire Department. Cortlandt strort ferry at Repsirs and + Report—Dismissing complaint against &ogine Co, No 14. Copourred in. Report—In favor of fitting up Superior Court trial room as aroom for Councilmen, and giviog temporarily rooms of aldermen and Assistant Aldermen for use of Superior Court. Coneurred in. Report—In favor of increasing the’salary of the Clerk of Clinton market. Concurred in by the following vote:— Affirmative—Mesera. Browp, Mabbatt, O'Brien, Maybee, Breaden, Woodward, Ring, Wells, Hunt, Souton, Stewart, Wheelan, Rogers, Crawford, and O'Keefe—15. Negative— The President, Assistant Aldermen Tait, Mo Gown, Barker Report—In favor of increasing the salaries of the clerks of Centre, Tompkins, Jefferson and Union markets. Con- curred in by the following vote:— Afirmative—Messra Brown, Tait O'Brien, Maybee, Breaden, Woodward, Ring, Wells, Hunt, Bouton, MoGown, Stewart, Wheelan, Barker, Rogers, Crawford and O'Keefe =i. Negative—The President and Assistant Alderman Mab- batr—2. Report—In favor of increasing the salary of doormen at police stations from $500 to $6C0, instead of $700, aa adopted by Board of Assistants, Concurred im by the fol- lowing vote: — Afi mative—The President, Messrs. Brown, Tait, Mab- batt, O’Brien, Maybee, Breacen, Woodward, Ring, Wells, Hunt, Bouton, Stewart, Wheelan, Barker, Rogers, Craw- ford and O’Keefe—18. Negative—Astistant Alderman McGown—1. Resolution—That the ralaries of the clerk at Washing- ton market be fixed at $1,000, and the deputy clerk at $750. Concurred in by the following vote:— Aftirmative—Messra Brown, Tait, O’Brien, Maybee, Breacen, Woodward,Ring, Wella, Bouton, Stewart, Whee- lan, Barker, Rogers and O’Keefe—14. Negstive—The President, Assistaat Aldermen Mabhatt, Bunt, McGown and Crawford—6. Resolution—In favor of increasing the salary of the clerk of Franklin market from $1 to $1 60 per day. Con- curred in by the following yote:— Affirmative—Messrs, srown, Tait, Mabbatt, O’Brien, May bee, Breaden, Woodward, Ring, Welis, Hant, Bouton’ Stewart, Wheelan, Barker, Rogers, Crawford and O'Keefe siljar beara Presidentand Assistant Alderman Mo- wo. Resolution—In favor of paying dill of James Smith, $238, for repairs of Eogine Company No 6. Concurred in by the following vote:— Affi mative—the Pre-ident, Macars, Brown, Tait, Mab bat, O'Brien, Miybee teaden, Woodward Ring, Weile, Hunt, Bouton, M.Gown, Swart, Wheelan, Barker, Ro gers, Crawford exd°U'Keefe—19 Gopfirmiag award of contract and appropriating $8,279 fcr buileing house for Hose Company No 9, in Mulberry : reet, between Grand and Broome. Concarred in by the flicwinp voter= Affirmative The President, Messrs. Brown, Tait, Mab- bait, O'Brien, Maybee, Breacen, Woodward, Ring, ; Hunt, Bouton, MiGown, Stewart, Wreelan, Barser, Ro- «wtord and O'Keefe—19. «nérmirg swaro of contract, and sppro,riating $1,400 fir buildy g vew engine for Compeny No. 12. Concurrrd in by the 1uLowing vote: Aflirmative-—The President, Merars, Brown. Tait, Mab- batt, O'Rrien, Maybee, Brencen, Woodward, Rieg, Weils, Hunt, Bontop, M.Gown Stewart, Wheelan, Barker, Ro- gerr, Crawford and O'Keete --19 Confirming award of ccutract, and appropriating $663 for alterations ct house cf Hose Company No. 40, Con- curred in by the folowing vste:— Affirmativs---The Prericent, Messrs. Broan, Tait, Mab- batt, O’Brien, Maybee, Breeden, Woodward, Ring, Wells, Hunt, Bouton, McGown, Stewar!, Wheelan, Barker, Ro gers, Crawford snd O'Keefe --19, Rerolution—That the word ‘expelled’ be erased from. opposite the nine of Daniel Chalmers in the Firemen's Register, ani resigned substituted Concurred in. solution—fo pay $100 @ year rent for additional ground in Dover street, reqaired for house for hese com- pany. Concurred ia by the following vote, viz. :— Affirwative—The President, Assistant Allermen Brown, Tait, Mabbatt, O’Brien, Maybee, Breaden, Woodward, Ring, Wells, Hunt Bouton, McGown, Stewart, Wheelan, Barker, Rogers, Crawford, and 0’Keefc—19. ‘Accepting invitstion to attend ball of Old Tops of the Eghth ward at Apollo Rooms January 9. Conc Kerolution—That slips between piers 23 and 24, K R ,bo excavated at the expense of the owners. Concurred in, Resolution—That the Firemen’s Register be re o spied. Concurred in. ‘Accepting invitation to attend ball of Atlantic Eogine Company at the City Arsembly Rooms, 29th inst. Uon- curred in. Resclation--That Eogine Company No 40 be allowed ten additional mer. Cuncurred in Kesolution—To advertise contrset to slter house for use of Hore Company No 12. Concurred i Reperst—In favor of the following sewers: In{Washinton street, from Rector to Carlisle; in Forty-third street, from nesr Sixth avenue, through’ Broadway to Forty tfth sireet; in Fiftieth street, from Righth to Ninth aveau in Fitty pinth street, tetween S+cond and Third aveau 1 Sixth avenue, from For'y seventh to Sixty seventh at.; in McDongal, street, between Bleecker and Amity: io Mal Derry street, from Hester street two hundred and twelvs feet xou! Third avenue, from Forty-ninth to Forty- fourth street—adverae to basia co ner of Ninth avenue and Thir'y seventh street. All to Committee on Sewers. Report-- Relative to repaira to sidewalks, To Committee on Ordinances R-port—In favor cf allowing an additional clerk to the office of the Commisstoner of Repairs and Suppliss. To Committee on Salaries and Officer Resolution —Granting George C, Byrne exclosive use of piers 33 and 34, North river; sud John D. Trecenthal ex- ciutive use of north half of pier No. 10, North river. To Commiitee on Wharves, &c, Kesolution—To advertise proposals for building rew secoud class engine for Engine Company No. 37; the Frgive Company No 44 be allowed ten additional men that house and lot lately occu sted by Hose Company No 84 be cold atauotion. All to Committee on Fire Depart meut. Resolution—That the sidewalks {a Jones lane, between Front end South streets, be repaired. To Committee on Streets, 4 COMMUNICATION From Bureau of Ascessments, with the followiag as- kerrment lists, asking that they be confirmed, and [say Eiwarés appointed collector therefor, viz. :—lor faggi a syece four feet wide on west sidewalk of First aveaue, b wen Twenty eighth and Twenty-ninth streete: aod on south sidewalk of Fourteenth street, between Second and Thid avenues; for building sewer in Firat street, form avenue A to the Bowery, thence to near Second sireet. To Committee on ABsenaments ‘The Board then adjourned to Wednesday afternoon, at € o'clock from the minutes, J. A. TOWLE, Deputy Clerk. Debates in Board of Aldermen. [Our Speciat Report } A resolation in favor of appropriating over $26,000 for the erection of @ firemans’ hall in this city was acopted by the Beard of Aldermen last evening. The Committee on St: ets mae the following report in favor of extendivg Albany street to Broadway First—Tbereis nov one street dirootly a-ross t river to river, between Lib proposed Improvement wi Westend of Albany stree would be the only one which 0 MA: e with removal of Trinity ehureh, ree ground over whieh it w ¢ city $0 Trinity Chareh, rpone af the public welfare have long sine i and this ground can never cept by the cit; biden it to any ethe: purp aoroe the town, and would ope ide of the towa - ‘the vast teavel 0 hoad of Wall stroot, with i. the mosif narrow and crowded part of ‘The opening of Albany sbrost to Broadway is act of imple justico to the pros orty owners who a “ply for tt. it is jngv what the founders of the city would have dono if rerwen ite commercial erowth. | The mi at oapeci lly. appitesbi + in that section of the eity where buainers hae exslude Private dwellings ard Inte no cee foe chur shes. ois) facility, waton ie it en of tndivie vale nad eorportss bay 40 obstruct is by withholding fron the Dublig of laud which is required for s continnow 1¢ property owners in the vicin\ty of the proposal improvement began forty yesrs ago to olaim from the corpo his eity e. just relist, by the wideuing of Thamet he extending of albany strast to Brosdway. Thi mou Council are full of te pro.ced! 513 downward. free times they os-ried their suc s¢sefully through the Board of All through « commission of cstim tes, b swered, a oh precludes any pos: sible relict, except the ons ught. Albany street must now be extended, or a large and growingly important sec- tiem, tm the very heart of commerce must be uded from its natural amd just share the cit Thi: ‘ty—The opposition to this movement comes chiefly from Trinity Church After disregarding the overture for Widening Thames atr view 0 fac chureh ¢difre is not y atrovt acto positicn seems to your committe unt thy to prevail. A religi us oorporatic: and pri oely reverw to the labore of surromnding comm in obstructing the to flow; and doe bo used for any vernment, nor for » upfiniehed and blocks up the ‘Tho mere ies that this ground in Wi burying place ts no Jonger relied or nj |, e¢ pecially after Grace obi dn have wisely re hi vy rey om arounds no longer permitted to be used for ut demanded for the use of the living. But er new 4d opposition is now sought in ‘um ption that soldiers of the questionabl once buried thes» proceedings, of Teniey ae erected » costly monume! «round im question, for the cbvicus and declared purpose of det the 0 terring city authorities irom making the proposed papers. ment. Jo say nothing of sha bistorioal fitness of ty Church erecting & monument to revolutionary soldiers, rade committee gravely doubt 1’ auy euch soldiers were ever uried in that ground. ‘Tre epocitic evidence relied on by the counse! for Trinity Church bef re your committee was am Ancient coin tound upon one of the disinterred bodies; bub when your chairmen removed tho rust from this prover to be “one cent,” of » later dave than war Such en appeal, mate under sucd ciroumeta: the sacred feeling of patrivtism, fer the pugpone of r the rroper authority in det rmining a que ity and the private rights eapnet softer te cha ge their cone the retitioners«nght to be grants to offer the followi: g resolution Resolved, Theat the resorution tencing albary siroet, from G place, te am tended trom ly side thereof s in am etrsigh to Bradway, in co tinuation of the sou ihorly exteneon izem Gres wie ity pla de there ne tin erly along the koown as uso RF ‘They therefore as 1851, for ex- enwich #t to frinity apd prem that the L ensures to carry the same into effect. The 1eport wae a opied : The report of the committee im favor of extending the Rowery to Frani ly squa'e aud widening Pearl street was also received snc adopted, The report of the committes in favor of lighting the streets with gas every right ia the year was received ‘and adopted. A co: siderable aaavtity of business was disposed of and will be found in tre official report Treatment of Emigrants. Fxamination before Mayor Westervelt. A case was brought on Saturday, before the Com- missioners of Emigration, which goes far to show that the statements maie by the Philadelphia deputation on the emigration system of New York, is eorrest,and that it ie high time that something more should be done to secure poor strangers arriving at eur port from the injustice and exactions to which they are exposed. An Irishemigrant, with nine others, recently land- ed, was sent on from New York to Philadelphis, on the engagement of a forwarding agent that he should have employment on railroad—each man being made to pay three dollars for his passage to the works. The pleaof the forwarder was thats friend being at Philadelphia, saw handbills in the street, and also an advertisement inthe Public Ledg- er, stating that one thousand laborers were wanted for a railrosd, with uddress to a railroad agenty that upon the representation of his friend, without com- municating with the agent, he inserted in a New York paper an advertisement for five hundred labor- ers, and forwarded on ten of she applicants to Phila- delpbia, charging them three dollars each, and thus netting the difference between that sum and the eest of the passage ticket, $1 25. On arriving at Phila- delphia they were informed that the firm was not au- thorized to send on laborers, and that there was no employment for them. Josey Mites funds, they were taken to the Emigrant Society House and vided for. On Saturday, one of the men returned 10 New York, under the care of Mr. Thomason, secre- tary of the society of Pailadelphia, who placed the case, together with the s«flidavit made befere the Maycr of Philadelphia, in the hauds of the Com- missioners of Emigration. The matter was yesterday brought before the Mayor, and a complaint preferred sgainst the firm of James Helling & Co., 85 Greenwich street, emigrant forwarding agerts, who, it appears by the evidence, have permitted one Joseph N. Nash to take blank cards signed by them, and on the roceipt of $3 from the ee juborer in search of work, are filled up by Mr. Nash, and the party thus holding the ticket is conveyed to Philadelpbia or Utica, asthe case may be. Sevea emigrants yesterday appeared be- fore the Mayor, having paid $3 each for a ticket to Utica, where, it had been represented to them that a large number of laborers were wanted to work on a railroad a few miles from that city. Then , the tare to Utica is but $2 50 and a charge $3 was made to the laboring emigrant, which extra charge is alleged to be a fraud. On the other hand, Helling & Co. assert, that the accusation preferred against them does not come within the meanivg of the emigrant law. There is, however, a section in that law, which prohibits emi- grant licensed forwarders to permit blanks to be used, or to make their ticketa transferable, and un- der this section, the mae it seems, has entertained the complaint. Mr. Helling, yesterday im the - or’s office, refunded the several amounts back to seven emigrants who held their tickets, but whether the Mayor intends to revoke their license remaias to be seen. ‘Theatres and Exhibitions. Bowery Tukatke —The performances this evening are for the benetit of Mr. Leflingwell, ons of the comedians of th blishment, ands great ferorite with the audienes. ragecy of ** Werner.” the comedy of “Paul Pry,” and a force, with dancing by Miss G Dawes are included iu the bill. Mr. Eidy playa Werner. BroapwaY Taratre —The attraction for this evening is “The Cataract cf the Ganges,” which was produced to @ crowded houre on Monday night. Tne scenery and coration # sre said to be very fine by those who have bee forturate enough to ged seats. Every member of the company appeara in it Boston's Tuxatnr —The new piece, by Plunkett, ‘Black and White,” is to be played this evening, It is a fair hit at ‘Uncle Yommery”” ano will be pepular. entestainments in which Burton, Mise Rol others a; pear, are ar nownced. Navona THEATRE.—** Uncle Tom’s Cabin,’ with Cer. delia Howa'd and rll the stock company in it. Im th¢ afternoon, the new drama founded upon Life in Neq York, and calied ‘Hot Corn,” is tobe played. Mr. J.J Prior's pears in the principal character. WALLACK’s THEATKR.—Toe new Christmas picce, ant B ovghsm’r drama, ‘The Game of Life,” are to be play e¢ thisevening fSoth pincen are very well up ant very well acted, so that the persons who may attend the performance will be sure to be amused, Barnvn's Muss —The drama founded open * Unele- Tom’s Cabin’ je to be played thie afternoon and evening, The whole cf the Museum company a) nit and tle and panorams of the Missi-stppi Till be wal The* whoa Jady, girstles, Ke, are also to bo seen without DWAY MrNacrnim axp MvserM.—This elegant re- ing in a gmat The attractions are nume- 4 incluce the siamess Twios, the rhineseros, and Herr Drieebach with his trxine1 animals, Ar Cnnisty’s, 472 Broadway, thie evening, several new ronga are to be given, Also the Jullien concert and the Crit ese acrobats, Woop, No. 444 Brosdway, baa a fine band, and is yell The new burlesane opera, ~ The Virginia Copia, bar madeagreat “his.” It is tobe with other gcod things, this eveuing. ~- : , At Bucktky’s, this evening, the new Jullien js te be given, together with the Remember, No. 6:9 Broadway. os Bunz gives a performance this afternoon and evening, at Stay verant Institute. His manner wiehe Of diableric ‘a very agreeable, nl a A correspondent of the London New wri from Florence, saya :—* Mario has been here’ Le ints he ceases to be an actor, abd is restored to hie sphere, beivg in rank a Guke, son of a former of Nice, and, as such, is treated with the inct! Florence has been rejoicing im “delighteth to honor,” partievlarly aa the vanity of the oily by purchasing (formerly cocupied by Mi. Vansictart,) ‘orta fan Calls, under the shadow of the beantifal o terrsoed bill of Fiesole, crowned a4 with a mural by the ancient Etrvecan capital. Althooge res are generally brief, some splendid fees were given in honor. I was present at oue given at our bepker’s, Barn F—, so well known and Terlonia of Floence, The whols of the mente of the Palsrzo Covont were thrown beau monde, who came shoals, all hear rio sing, which, stranse to say, has woe in lsly, The great tenor was fatigued by a rapis ) urrey to gratily the com lth be looked bloomicg with health, and highest epir te, end kept provokingly h jaro, not one note did we hear of hin hi he Pope's Nuvelo at the Tuscan Oourt, after tro- duced to dit, e@ bin solicitations to the others, but waselike refed. He wae partionlarly that Mario would n ¢ aud veemea very curious shout private histor), asking ‘ if he were serried’? with thea's, most naiwelte alia Effendi, a Turkish port, haa just eomy ane- tional rong in ihe style of the « Marseflaise,”’ and it ie a'ready very popular at Constantinople, tf fi FL i hi if i set ii “il i FE F i 5 Ihre iene President has officially re- cogni rancisco.de Arrangoir es Congul-Gepera) of Mexico for the port of New Orleans, © ~