The New York Herald Newspaper, January 30, 1854, Page 4

MORE GREAT CONFLAGRATIONS, NEARLY A BLOCK OF BUILDINGS DESTROYED, A Large Number of Poor Families i Rendered Houseless. LOSS AND INSURANCE. sio., de, ko. Again’ our city bas been illuninated by « destructive conflagration, which was not extinguished before eigh- teem houses were entirely destroyed, involving « great een of property. About eleven o’clock om Saturday ight one of the workmen in the Columbian Irom Foun- Gry corner of Duane and Centre streets, thought he muelled some smoke as if proceeding from = fre, and upon searching he found thet the engine room in the rear of the premises was enveloped in flames. He im- mediately gave the alarm, and the firemen arrived ins few moments; but in the meantime the destructive ele- ment had full scope, raging on every side of the building with unparalleled fleroeness, produced by the intense cold ‘spd a strong breeze blowing from the northwest. The heat from the fire became so great that it was with difficul- ty the fremon could work. Three times that gallant body ef men had the fiery element nearly under control, and three times were they repulsed from the premises by the flames, which at last conquered, and, coming in contact with the upper stories of the fromt building on Dasne street, they burst forth with redoubled fury, mocking, with a loud, hissing noise, the efforts of the firemen aad citizens to stop their progress. Setisg that the buildings om Centre and Pearl atreets were in great danger, the at- tention of the firemen was directed to the block of stores running from Duane to Pearl stree:; but their strenuous efforts were of no avail, for the buildings being frame ones, soon ignited, and in a few moments the entire row ‘was in one blaze, both beautiful and mournful to behold for on every side were- men, women, and children, running about half naked, many of them being aroused from their beds by the crackling timbers of the burning foundry. The fire then took northerly course toward: Pearl street; but here the efforts of the firemen stopped” its pregress, not, however, until the rear portions of seve- al houses on this atreet were destroyed, and some of them wore entirely consumed. It was th ‘bout one o’elock P. M., at which hour the fire had been got under; and nothing but a mass of smouldering ruins remained of what the day be’ore was an entire block of houses, ‘The loss of property oa DUANE STREET, is very great, and cannot be exactly ascertained’, aa ‘everything is covered with ice and the fallen wails of the buildings. The Columbian foundry was owned and occupied by Peter Morris & Co., amcrg the most extensive pattern makers in the city, Here it was that the fire origi pated, | ‘The building was occupied by the above firm on the first avd fourth floors, and on the second and third floors by Turner, Lane & Morris, glase ontters. The building inoluded Nos, 43, 46 and 47, ruaping back withia twenty to thirty feet of Pearl street. Morris & Cy.’s loss {s very great, the building belag Swaeq by them. They are, however, insured in ten city ‘Offices, to the amount of $81,000, which will cover about ome half their loss. The rear building was entirely des- troyed, nothing being left standing exeept the large chim- ‘ney; the front part on Duane soreet was slightly damaged by fire, but principally by water; the whole building, however, is a complete wreck, and will have to be rebailt, The patterns were insured for $796, which will not begin to cover their los, as they had a very large and most valuable quantity of them, which had accumulated for fifty years past. The machinery was en- tirely destroyed, and was insured for $10,000, The build. ing was put up at o cost of $20,000, and is insured for 616,00, which will most probably eover the loss. The entire loss of property alone, excepting the building, is Sbeut $40,000. Messrs. Merris & Co, have occupied the promises for the last twenty years, and they bought the establishment from Robert McQueen, who carried on the machinery business for nearly thirty years before—so the business of the concern was an old and well estab Mahed one, We were informed by the eenior member o the firm that they have made arrangements with Messrs Badger & Co., Nos. 44 and 46, just opposite, to occupy 80 that the business of the house will im medietwly go on aa usual, notwithstanding their heavy Joss by the disastrous calamity: Peter Morris & Co. were insured in the following offices for $81,200:— Protection, Rensselaer pect s E3 Serppers 3 ‘Total amount of insurance. $81,200 ‘The second and third stories were occupied by Messrs. Turser, Lane & Merris, glass cutters. Their loss is.about $8,0¢0, which is fully insured in different offices for $10, . 000, That part of the buikiicg occupied by them was completely gutted. All their machinery on the second and third stories was destroyed; but « large quantity of glass was unharmed in the third story, where it now re- mains in crates, in comparative security, and will be re- moved, most probably, by the insurance companies, to day. No. 41 Duane street, occupied by Patrick Garrick, and known as the Sixth Ward Hotel, was somewhat damaged by water, and all that pa: tof it, (including the bal room,) rupning along Centre street, was consumed. Mr. Garrick fs insured for $1,600, in the Lorilard Insurance Company, but it will not cover his loss, which amounts to $2,000. ‘The delay caused ‘by the fire will most probaly affect Ixim most, as the ball room, (the only portion of his pre- mises costroyed,) was an old frame building, good for pothing except to light fires with, or extend s sonflagra- tiom to sowe more valuable pre aises, CENTRE STREET. The destruction ¢f property on Centre street was not *grtat, owing to the size of the buildings and the charae- ter of their oveupants. Indeed, if the poor people whoin habited the tenements had no‘ been losers by the fire, it would have been # God-send to that part of the sity; for 8 more dilapidated block of buildings could not be found im the whole ward. No. 87, occupied by 8. L Gerrit, jeweler, was somewhat dameged by water, and owed tts safety entirely to the mature of the materials of which it was constiuoted, (good ‘brioks). No. 89, frame building oosapied by B. Luimy, tailor, was entirely destroyed and levelled to the ground. Mr. Lanny maneged to save the greater portion of his prop- erty, on which there was no insurance whatever. Loss 6300. No. 41, ceoupied by Patrick Heary as @ porterheuse, was also compietely destroyed, including all his stook and fixteres. Mr. Eenry ix insured for $500 in the Broadway Insurance Company. Loss about $300, No. 43 was occupied by Mra 3weeny as a boot and shoe store, The stock was partially saved, but her loss will amcunt to $300 at least, on whieh there is not omy imsur- ance whatever. No. 46, sleo destroyed. was cecupied by Julia Hera,» widow, saa crockery store, There is no insurance on her stock, which being of = very fragile nature, was all mmashed to atoms. The poor woman's loss will be about $600 No, 47, & brick building, three stories high, an¢ ocoupied by Paul Henry as- @ porterhouss, was greatly domage! both by fire and water. The roof was eearly burned off, and all the stock, as a matter of course, was made away with by those who are fond of taking ‘‘somethivg to drink.” The upper part of the house wan cocupied by Mr. Henry’s family. Tne loss on the stoex, furniture and fixtures is estimated at $1,600, on which there is en insurance effected in the Broadway In- warance Com pany for $760. The buildieg is owned by J. De Wol e, whose lors will be avout $6¢0 PEARL STREET. Although no houses on this street were burnedgo the ground, still tke loss willbe much heavier than that y on Centre street, for the buildings were all coonpied by thriving little stores and very decent families. Mo. 513. corner of Contre, was slightly damaged by water. Itis cooupied asa grocery store by a German gamed A Bohle, who is insured for $2,000. His stosk is | @amaged to the smount of $5,000, His business will not boretarded in the least by the fire. Mo. 616, owned by Mr. Boyd, who cocupied one haif the premises asa cancy shop, The other half was rented by Dr, Proterre, a8 a drag store, whose stock is ioeured for $1,000, which is entirely destroyed. The bailding is da- maged to the amount of $800, which is fally iagured. Mo. 517 was oscupied by George Stone, 84.8 tavern, galled the “ Mistletoe Bough,” whose loss will be about en which taere is ofall insurance. The stors was owned ty Mr. Boyd, who {folly insured. The damage to he pACCs LEE Alyy aves © tom meiiod Guslese, ‘No, 519 was occupied om the ground Soor by James De- ald, as an ofl and camphene store. Less about $700 ; fully insured. The upper part of the house was tenanted by Andrew Wood and family, who are losers to s great ex- tent, their furniture being either damaged or destroyed. No. 621 was occupied on the frst floor by Mre. Carter, a® ‘ millinery store, who i mot insured ; loss about $200. ‘The upper part of the building was rented bys beer pamp maker named Richard Seeley, whose goods are entirely destroyed ; Joss about $300, No insurance. No. 628 was partially destroyed. It was occupied by Albert Dung, as an apothecary store, who is not insured: His loss will be about $500, The building is damaged to the extent of $200, or more, on which there isa fall in- surance in one of the city offices. No, 625,8 two story building, was occupied on the first floor by H. Albus, boot maker, whose stock was par- tially saved. No insurance. The second story was 0c- cupied by J. Hutry, gold aud ‘silversmith, sad book elasp maker. His loss will be about $1,000, and it has not been ascertained whether he is insured or not. ELM SfREST. On Elm street the fire extended to the rear of twe or three buildings, and comsumed # large brass foundry, still further in the rear, The destruction of property, however, was not very great. No. 28 was occuyied in the front by several poor fami- Hes, whe were driven out of their house by the flames; but the efforts of the firemen, who succeeded in saving the house, regained their little rooms for them uninjured. ‘The fences were somewhat damaged, but no further loss took place, In the rear of No, 28 was situated a five story building, occupied by James Lynch, brassfeunder, ani Wm. Moore, oil, camphene and bucning finid lamp maker, which wag entirely consumed, together with all the stock of both occupants, Mr Lynch’s loss is estimated at $8,000, which is partially insured. Mr. Moore’s stock was not, as far a8 we cou'd learn, insured. Adjrining the brass foundry was a two story frame building, in which two poor families lived; but their lit- tle property escaped the devouring element, and was damaged only by water. This old baildiog looked, to all appearance, like an iceberg, being coveres completely with a thiek coat of ice, which gave rather a Gothic look to the old shanty. The fences of house No. 25 were all burned and covered with ice In fact, the rear part of every house in Elm street, bs- tween Duane and Pearl streets, was covered to the depth of several inches with a white mantle of ice, which will fon melt off, however, whenever we havea warm day. With the exception of the brass foundry and larap fao- tory, no damage of any consequence was Cone on this street. APPEARANCE OF CENTRE STREET YESTERDAY. During the entire day the scene of the conflagration was visited by thousands, coming there to take « peop at the rains, which, to them, was no novelty; snd dearly some of them paid for their curiosity, for the streets were kace deep in Croton water and fragments of ice. Those who did not get wet feet got some severe falla, for the entire block where the buildirgs onos stood, was ® complete nb of ice. All day long, boys - might be seen ekating and sleighing up and down Centre street, regardless of the vain efforts of the pedestrians to perambulate the scene ef the fire. In- dead, so thisk was the ice that the Harlem cars were stopped from running through Centre street all day, and were, only by great exertions cn the part of the conduc- tors ef the road, euabled to make their trips through this streetat three o'clock, when the laborers on the road had succeeded in picking @ passage way through the foe for the cars. During the forenoon and up to three o’clock the Harlem cars were obliged to infringe upon the rails of the Third Avenue Railroad Company, by going up Chetham street and the Bowery to Grand street, where the track rans into the Bowery, and #0 continues onto Harlem. The occupants of the various houses that were consumed were obliged to take up quar- ters wherever they could find them, and no doubt many s house in Centre street has by this time the number of its occupants increased two fold. The neighbors on every side of the block deeply sym- pathized with the sufferers, and in many instsmces col- Jections were taken upto assist in alleviating the dis tress of the poor and homeless. RECAPITULATORY TABLE OF THE LOSS AND In- BURANCE. P Garrick, ith Ward Hotel, d: 2.000 Building No. 87 Contre street... ‘200 B, Lupny, tailor, stock and store, 39 do. 0 Patrick Henry, 3 1 do 300 Mr. Sweeny, 200 Jalia Hera,’ crocke: 600 Paul Henry, porter 1,600 100 800 800 600 ‘700 800 ‘800 200 1,000 . boot maker, 515 600 J. Hatry, ith, James Wi ibert J. Butry,' 625 do., . Wm. Moore, do, unkeown, = -855,760 + 87,500 a + $31,750 It is unnecessary for us to speak in favor of the mem- bers of the Fire Department. They did their duty, as they always do—nobly. Many of them suffered greatly from frost bitten hanis, for the night was a bitter cok one. Even when the fire was extinguished their la- bors were not concluded; for they had great difficulty in getting their hose to their engine houses, as it was all frozen up as hard as a bullet, sed incapable of being doubled up for conveyance to its proper place of deposis. Though the loss of property by this ca'amity is very great, the sum is but a mere trifle when we take into con- sideration the terriole suffering of the poor people who ‘were rend: red homeless Many of them lost the larger portion of their household goods, im addition to being Grives from beneath their roofs at the dead hoar of night, with the thermometer ranging at nixtesa degree above zero. The a:mosphere was intensely e014, and the wind blew with such iorce aa to carry the burnieg cin Gers and sparks a distasce of several blocks. None bat o stoic could have looked without the most heartfelt emo- ions upon the egonizing scene; the despair and snffering Gepicted in the counterances of those robbed of their homes, an¢ the lamentation of the thinly eled oh:ldren, as the piercing north wiod en‘olded them in ils shiver ing embrace, formed 8 picture of melancholy that must be witnersed to be realized—it cancot be described. Had tt not been for the nuffering above alluded to, the raszing of many of the buildings would doubtless have been looked upor as rather fortunate than otherwise, for they were mostly worthless, and 90 dry and ¢ilapidated that it is only » matter of surprise they had 60 long atood the test of fire and weather. New and substential edifices s will probably .ooa be erested on the site of the rolse, THE FIBE-IN PEARL STREET. Its Origin and Progress—Fifteen Families Rendered Houscless—The Names of the People, and Their Cendition. Another fre broke out, about helf-past one o’closk on Sunday meraing, in the house No. 14 Pearl atreet, which seetnseating livery stable by Mr. Francis Donnelly destreyed was not vm, but the calamity is the more serious from the fact . it has repdered no lees than fifteen humble and indastrioan families houseless and almost Psupers, at this inclemeat season of the year, We noticed the occarrente in our morning edition of yesterday, and to-day publish an seeurate and mere ex- tended scoount of it, taken by our reporter upon the About half past one, or a quarter to two o’clook in ths morning, flames were reen to istue from the loft of the hove No. 14 Pearl strent, to whidh’ Ww peesttadne HP t Db remeis Wvebelly, meu DOvUs mE 008 nuseee a6 very, ‘The loft was filled with hay; but notwithstanding this fast, and also that the sides of the building were of ‘wood, the fire would then have been easily extinguished ‘were it not that all the engines were at work playing upon the great fire which was reging in Centre street. Most ef the police force of the First ward were on duty in Contre street also, and thus the flames attained a head. ‘way #0 as to become uncontrollable before due assistance arrived. Previous to this it had extended to the house No. 12 Pearl street, which was owned and tenanted by the widow Kelly, with a number of lodgers on each floor, These are all humble people, of the laboring class, and depending fers living upon their day’s wages; but the progress of the calamity was so rapid that they lost almost the whole cf their property in a few hours. ‘The sparks from No. 12 set the upper portion of the house No. 10, leased by Mr. Dickey and rented in tene- ments, on fire; and, as this heuse was inhabited by per sons of the same clase in life as those in the other tene- ment, their loss is peculiarly heartrending. OBIGIN OF THE FIRE. After most minute inquiry, the true cause of the origin of the fire camnot be traced. It is supposed, however, that some person intoxicated was going into or about the premises with a light, which caught ia the hay hanging around from the loft overhead, and that the calamity may be fairly attributed to this carelessness. No blame at- taches to any of the people in the adjoining houses. BTATE OF THE SUFFERERS AND THEIR NAMES. ‘The condition of the poor people yesterdsy morning was traly pitiable. During the progress of the fire they rushed into Pearl street almost naked; and there they stood, expesed tos cold which was so intense as fofreese the hese pipes of the firemen to the ground, witnessing the rapid destruction of their worldly goods. Men, wo- men and ebildren, young and old, the strong and the sickly, wore for some time in this plight, until they were relieved by the officers cf the First ward police, ia the following manner:— ‘The store No 6 Pearl street was found to be vacant, aad Captain Halpin tock possession of it, lighted a fire in the grate, and removed the shivering crowd, with the pro- perty saved, thereto. Amidet the copfasion existing amongst them our re porter compiled the following list of the names and losses. The property was owned by A. B Conger, Esq., who resides in the country, having his office in Nassau street, in New York. Mr. Conger leased the house No. 14 Pearl street to Fraz- cis Donnelly, who used it asa livery stable. At the time the fire broke out there were sixteen horses in it. They were got out safe, mainly through the exertioss of Lieu- tenant Snodgrass, Sergeant Morrison, and officers Duggan and Grogan, of the First ward, with men from the crowd, who broke down the wall in the rear of the buildieg, and thus were able toextricate them. Mr. Donnelly’s lossis estimated at from seven hundred tos thousand dollars and we believe he is insured fully; but our repoeter could pot find him, in order to ascertain the exact amount either of loss or insurance. HOUSE NO. 12 PEARL STBRET. In this house there resided the following famities: No. 1. Widow Kelly—who owned the premises—with one child. Mrs, Kelly was sound asleep at the time the alarm was given, and made her escape, with her infant, after some difficulty. Simoe the death of her husband the property of Mra. Kelly is managed by a Mr. Sa'livan, who lives‘in Brooklyn, and, until after she saw him she could not make an estimate of her loss. The house— three-story brick—{s, however, almost completely gutted. Mra. Kelly had the property insured for about eighteen hundred dollars. No. 3. Dennis Griffin, a laborer, with his wife and six children, This poor man lost his entire little property, saving only a few clothes. He is of course uninsured, and is in @ poor plight, No, 8. Roger Kelly, with wife amd one child. Kelly had four men boarding with him. They are all lator: ers,and lost any the little property they possessed,except some clothes, None of them insured, No. 4, Thomas O’Neile, wife and three children. They are of the same class, and sustained similar losses to the above ramed. O’Neile is in consumption, and at an early hour of the morning, yesterday, the poor man was lying Upon a mirerable bed, shivering under the keen blast. No. 6, James Costelloe, wife and two children. vstel loe Jost many articles of furniture and clothing. No. 6, The widow Leary and four children. This is a very distressed family. No. 7. The widow Tehan and twochildren. They were in want of clothing and much chilled with the cold yes- terdi No, 8, Patrick Agnew, a single man, who supported bis old mether, Mrs. Agnew. Both are in much waat, owing to such an unforeseen accident. Almcst all the above-named persons were, during yea- terdey, huddled together in the rooms of the house No 6 Pearl street, erying and bewailing their losses, so that it was really distressing to see them. HOUSE NO. 10 PEARL STREET. Thit house was tenanted by the following families:— No. 1, David Gurley, wife and three childres. This men sustained @ lois nearly the same as that borne by the tenants of No. 12. No. 3. William Flood, wie and three children. Farni- tare all broken, and clothing injured by water.. No, 8, Otloer Duggan, of the First ward pelice. Mr. Duggan sustained » pretty heavy less. His property was, however, insured. - No. 4. — Falvey, wife and child. Nearly all the far nitare of the room was broken. No. 5. Bernard Houston, wife and child. Bedding, clothing and furniture much isjared. No, 6, Velentine Winton, a policeman ef the First ward, who bas been now burned out twice within « short time. Mr. Hinton’s property was not insured, and his comrades express much regret for his loss. No, 7, — Neile and family; also a delicate man. Perbape the entire loss frora this fire will not exceed, in *meney value, three thousaad dollars, but the am mat of individual suffering which {t will entail upon the people enumerated above makes {t more to be lamented than if the property were owned by one person im good eiroum- stances. The calamity will set the laborers idle for some time, whilet the removal in the cold and the loss of thei: clothing will probably introduce sickness into their fami- lies, A benevolent gentleman, after reading the notice of the fire in the Hunan of yesterdsy morning, eatled apon Lieut. Seodgrass, at the First ward station-house, aed Joft five dollars with him for the use of the most needy, promising at the same time to call again upon the captain on & like mission of charity. He would not give his name, but we would recommend his example for imitation, The Chief of Police, with ofleers Keefe, Snodgrass, and Halpin, and a large reserve force of men, attended at thie fire. Fire in Canal Street, About « quarter past five o’clock Yesterday morning a fire was discovered in the dry geods store of Mr. Beli, No. 58 Canal street, but by the timely arrival and assistance rendered by officers Vam Buren, Wark, and Goodrich, th: flames were extingvished. On exeminivg the premises {t was evident the store had been entered by some person or persons through the rear; and ro doubt the fire was the work of design. D mo The Fir Metz oe EDICATION — st Methodist E; Mission Chureh, corper of South Third street and Union ayonue hae pe ot yep of the Ladies’ Home Mi:sion was do ‘ica! yesterday. The exercises were opesed b: the pastor, the Rev. Joseph Law, who pele Ae teeltte she pier of Hebrews, after whish the choir surg the 964th ryt Diebop Jasm then called attention to that portion of ths Scriptures comtained im the eighth verse of the. third chapter of St. Paui’s Epistle to the Ephesians—“Uato me, whe em. lose than the least Of all saints, in this grace siven, tbat I should preseh among the ventiles the ua- seer: hatle riches cf Christ.” The word of Christ aball be the alpha, and I trast also ihe omega, in thiv holy edifiee Tt was by the grace of God that St, Panl was called to prorch the divine gospel, and J consi~er itan es pectal fa- vor of Divine Grace that 1 am cslied ny to preach the éivire trath, fo dispense the orearchable rlaher of Christ. Butthe duty of preaching the word of God was mot eon fineé to min.sters of the goepel; ali were equally caliec upom. They might not be able to devote their whole time to the work, bat by atyiee, kimdly exhortations and timely warnings to the erring, they conid do their par to Se ee eee a eee ees ac! pulp t with tears in his eyrs, acd when neable t eh tiner: wire, took up hia pen. The speaker dwelt Kong and elo. quently on the teanures of affection, the reveous of | yo voted and faitbfal hearts, aa4 the and adoration fr Aaa oe 2 rm Tealcs avove be aed « z in the glorious osuco—the British and Foreign Bible Society, the Americas Foreign Bidls pe e thousands that they had -upplied FS hurches in New In Brock!yn, and hat now erected anot! 7 im this ett ie it rales the dietribati Heeavt on 6 ribution of the nasearchablo At the conclusion of (he sermon the congregation arvne and the Bi hop proceeded, in the most solema maneer, cecicate the edifice to the service of God. The Rev. Josxra Law then stated that the enterprise bad cest $17,000; of tnis sum $7 060 bad heen enbe: * of which $6600 had beeo paid, em $1,000 rematned to becollected. Tre trustees had effected & mortgsge on ths building of $5,(C0, eo that the sum of 96,000 rewaiaed be raed. A collecti.n was taken ap ant ennecrip Hows rpened. both of which were Iverrary re 90 dott Te ths sites con, cea woe per 3.8 Imkip, and tn'e’s ovening by thethor Bed acd: | , r ad carriage, re Court—Speetal Term. or D 5 nidebeies beenon es JUDER IRA HARRIS, MAKING ney coaches or car- THE DJUNOTION AGAINST THE BhOADWaY RAIL- }OAD FERPETUAL. ve pe ave, paling Common Jax. 28—John Milhaw and ethers vs. Jacob | Council.” (2 Rt phen and others.—On the 29th of December, 1853, bag bre y he f A, » by the of Aldermen of the city of New York eh e were au- adopted a Lepper agg Mell 2 a baag — Piao ag oye ne , for the time cmriegts, fhe form pert coe of the Broadwa; way, Foeiad oa the that “the associates ears from the certain and wrein specified, | d8te of opening annual license have the ‘and consentof the Common Coun: | fe¢ for eash car now ore ees cil to ley a double track for a railway in Broadway, | license accord wn i Shae The was the Board of | cited; also, 0 ¥ on an ot The | efcndanta ine would ‘be Associates named {a en neppintion on ie same da) filed with the @lerk of ‘Common Council carriages, and license ene frcen written acceptance of the resolution, and an the Mayor of the ci q ment, on their to conform to its provisions, | Whether the he Se fie Mac Aes akng ome cee | ar asene — pate on against the | 2 orted the Mayor of pence seed in Fe mistion, to, ‘the the city for the time being. this r establishing 4 there int Pom provision in the resolution would require the Mayor oy of laying or establishing a railroad ‘up, or subverting the soil, or doing any other ay street tending to encumber the same, or obstruct the free and common use thereof as the same had been enjoyed. It is stated in the complaint that the eros are saveraligcwners ct certain lots of land and upon way; and they several- ly claim that they are the owners of the in front of their lote to the centre of the street, sul only to the public easement, or right of way, over the same. It is farther stated that the plaintiffs are all residents and corporators of the c'ty, and have been assessed, and have paid, taxes upon their said property to a Jarge amount. Itis further stated that the defen- dants, under color of the authority contained in the resolution of the 30th of December, 1852, threatened, and gave out, that they would enter into and upon Broadway with their w and servants, and take up the pavements, and dig up and subvert the soil and would lay down and establish a railroad in said street, and run cars thereon, for their own private in- terest and emoloment, to the great injury aad damage of the plaintaffs and other propecty owners upon that street; that if the defendants should be permitted to take up the pavement in Broadway and establish a Biba sheng, Se pro} ert oe F) ren would ne reriously and aral jured and damaged. is chanced that the retell lution and the acceptance thereot are of no binding force or effect, aud confer no power or authority whatever upon the defendants to take up the pavement, or establish a ra'lroad upon Broadway. ‘he conditions and stipulations an- nexed to the resolution granting to the defen. dants authority to construct their railroad, and the other matters stated in the complaint, are sufficiently noticed in the opinion of the Court. The action is prosecuted by the plaintiffs on their own behalf, and in behalf of all other tax payers, citizens and’inhabitants of the city, and owners of property in Broadway. The material allegations in the complaint, bg the adoptien of the resolution, were controverted by the defendants. The iseues were brought to trial at a special term held in the city of New York in October, 1853. A great number of witnesses were examined; but as | the decision of the Court does not involve an exami- nation of the evidence in the case, it is unnecessary to state the testimony. De John Van Buren and Henry Hilton for plaintiffs. D.D. Field tor defendants. By the Hannis, J.—Whether the corpor- ation of New York bas an estate in fee, either abso- lute or qualified, in the streets of that city, or a mere right of way held for the public use, is quite imma- terial fer the purposes of this action. In either case it must be conceded the ration has the right of control over the streets. By the Dongan charter it was invested with “ fall power, license, andaniorias to establish, appoint, order, and direct the establishing, making, laying out. ordering, amending, and repairing of all streets, lanes, alleys, highways, &c., in and throughout the city, neces- sary, needful, and convenient for the inhabitants of said city, and for alltravellers and passengers there,” ‘This power bas never been withdrawn, or essentially changed. The copes. yet has the exclusive right to control and regulate the use of the streets in the city. In this res; it is endowed with idative sovereignty. | exercise of that sove- teignty has no liwit mo ose it is within the ob- jects and truste for which power is conferred. Aa calinence seesietinns treeyia @ legislative act entirely beyond the contrel of the judicial power of the State. But the resolution in question is not such an act. Though it relates to a street, and ver: mapiarialls ete the mode in which that street to be used, yet, in its essential features. it is a con- tract. Privileges exclusive in their natare, and de- signed 19, ,be Rerpetoal. in their duration, are con- ferred. of regulating the use of the street, “the use itself; to the extent in the resolu- tion, is granted to the of the Broadway Railroad. For what has been deemed an adequate consideration the corporation has assumed to sur- render a porsion of their manictoal authority, and dave, in legal effect, 2 with the defendants that, so far as they may have occasion touse Briad- in ted the purpvee of constructing and operating railroad, the right to regulate and control the use of that street shallnot be exercised. That the powers of the ion may be surrendered I do not deny; but I it can only ‘be done by au- thority of the Legisisture. Thus, it was provided by the charter of the Hudson River Railroad Com- pany, that ite railroad might be located on certain streets of the city of New York, ‘ provided the assent of the corporation of the city be first ob- tained.” (Sesion Lawn, 1846, p. 274, sec. 4.) Au- thority to give such assent is prayed in the act it- self; and the corporation, baving in pursuance of such authority, given its assent to the location of the rail- road, and railrvad compeny having located their road accordingly, the aseent became irrevocable. The company acquired a right to the use of the pring mga incr nee gd @ corres: ponding extent, the corporation was deprived of is | power to regulate and control the use of the street. So in the case of the Harlem Railroad (Sess. Laws, 1831, p.327,sec. 11.) That corporation was authorized by the Legislature to construct their road across or upon any street in the city of New York, with the consent and approbation of the Mayor, &c., of the city. The same provision is found in the General Act, (Sess. Laws, 1850,p. 224, sec. 28, eub. 5.) It is thus that the c may, tent rma crap by Legislature, restrict its control and regulate streets. (See Drake va. the Hudson River Railroad Company, 7 Barb, 608,) But for the authority derived from the Legislature, 1 am unable to see how a muni:ipal cor- poration can grant permission to o-nstract a railroad upon one of its streets, which, operating as a contract and vesting r hts in the grantee which cannot be re- called, must limit the power of such cor; manage and control the use of the str to I think it cannot be done. It eannot be that vested in the cor san important trust can ‘thus be fi d away or parcelled out to individuals or joint stock associations and secured to them be- yond control. It was paperted by the defendants’ couneel upon the trial, that the rity to constract ry , conferred upon the defendants by this reso- lation, atany time be recalled. If were 80, if the resolution could be regarded as a mere revoca- ble licenre, it would relieve the case from a fatal difficulty; for Lam not prepared to say that,ia the ose of the discretionary power with which cea in the manage tion goes farther: it authorizes a str ct the road,and reserves no right to re:cind .the ravt. It licenses their cars to run upon the road for ten years from the time it shall'be opened, at a stipulated fee for each car; and provides that if the parties fail to agree upou the amount to be paid for | Jicenses, at the expiration of that period the railroad, case, to isaue a license for all the defendants’ cars. In stipulating for this I think the corporation has transcended its authority. But, without insisting further upon this point, I think the more fatal objec- tion upon this branch of the case is that the corpo- ration has undertaken to deprive itself of the power conferred upon it by the Legislature, in the section of the statute above cited, “to regulate rates of fare or carriage.” The associates of the Broadway Railroad are, by a provision in their contract with the corpo- ration, authorized to demand and receive from every | mere apseronag yn may carry from one point to ano- r five cents, Although the Spero declared that the corporation shall have che power and author- ity, from time to time, to regulate the rates of fare to be charged for the carriage of persons, the corpor- ation bas said, by this resolution, that in respect to tae carriages which may be employed by the de- fexéante in operating their railroad, that power eball never be exercired. This it could not do. The wembers of the Common Council by which this re- solution was adopted were not authorized thus to invede the legislative power of their successors. ‘his objection, in a practical view, at least, derives great force from the exclusiveness, which is a char- scieristic feature of the grant. Whether it was in- tended cr not it is obvious that if the grant takes ef- fect at all it must operate as @ perpetual moaopoly. Ite privileges are perpetual, or if not, can ouly be extinguished on the refusal of the grantees to pay such license fee for their ears as the corporation shall exact, and then only upon full indeamity on the part of the corporation. Practically, at least, they are exclusive, too; no one will seriously contend that the corporation would have the power to authorize the ure of the defendants’ track by any person against their wil], And although the abstra:t right to lay another track might exist, yet in fact the thing would be impracticable; so that the defendants, if they ean secure the benefit of their grant, have secured a perpetual monopoly of the privilege 567.) In the latter case it was held that where a act is clearly i) , and the necessary effect of such jure the property of another, the Court is warranted in restraining the illegal act by injunction. The plaintitis present such a case. The act to be restrained, as we have already seen, ig wholly unauthorized and clearly Sliegel. The effect, of the act, if committed, would be injurious to the moon prlin Larremed 1 am, thei , of opin- the injunction should be made perpetual. Captain Bynders’ Defining his Position on the Neb: aska Question. New Yous, Jan. 27, 1854. TO THE EDITOR OF THE NHW YORK HERALD. Sre—In an editorial article in the Henaup of yes- terday, which purports to be a kind of advertise- ment, it is stated that the two leaders of the democratic soft shell;party—1he Hon. JohnVan Baren and myself—have been, or are lost, or mislaid. It ig also stated that a reward will be given to any one who can discover the whereabouts of Mr. Van Buren and myself. As Mr.Van Buren has always been found fully competent to speak and act for himself whenever occasion required it, [ shall say nothing of him, but speak only for myself in this matter; and for the purpose of saviog some person the trouble of applying for the imaginary reward, I hereby inform the editor of the Hsmaxp, and the public generally, that although I have been often grossly and mali- ciously belied by unscrupulous politicians, and fre- quently misplaced and sometimes misrepresented by newspaper reports, Iam, nevertheless, at this parti- cular time, neither lost ‘por mitlaid, but am here, in good order and tolerably well conditioned. In reference to the important question of Territorial government, now before Congress, I shall not be found wanting in my devotion to the Union and the constitution, whenever my humble services are re- quired for their safety and preservation. In the ar ticle alluded to above, it is said that the crisis having come, the presence of the two aforesaid leaders is very much wanted in Tammany Hall—Mr.Van Buren to open the ball with a speech on free soil, free farms, &c., &c.—and that I am wanted to close up witha speech on free soil, free quarters, free liquor, and @ free fight. ‘Ihe public would very naturally infer from the tenor of that paragraph that I ama free soiler, and bave been in the habit of making free soil eeches. Now, Mr. Editor, without discussing at this time the merits or principles of the Wilmot pro- viso, 1 challenge any man to point to the time or piace, when or where, I have ever uttered a single sentiment, publicly or privately, in favor of the Wil- mot proviso. I have, since the first introduction of the proviso by David Wilmot, made several speeches ota ed upon that question; and a reference to every thing 1 have said relative to the Wilmot proviso, will find me steadfastly opposed to its doctrines. I have al- ways believed, and have so expressed myself, that of carrying passengers by oad in Broadway. What if the ci ‘ation, for a consideration deemed adequate—as, for the sake of the comparison, the sweeping and cleansing of the street— granted to the proprietors of a single omnibus line the privilege of running their carriages forever in Broadway, with the wih ie to charge a specified sum as fare, without reservir g the right to regulate such fare—would any one hesitate to ray that the corporation had trant- cended its power in making such a contract? Sup- [ine farther, that the fare whieh the corporation jad thus authorized the omnibus proprietors to exact had been ten cents for eash passenger, when it was known that the other proprietors were willing to per- form the same service for six cents, would it not be insisted that, besides going beyond ite authority, the ration had been guilty of a wanton breach of duty? And then, if the feature of exclusiveness were added to the grant, so that the favored proprietors might enjoy a perpetual monopoly of the carriage of passengers upon Broadway by omnibus, could any tribunal fail to declare'the grant illegal and void’ The impropriety of such # grant might be more glaring, but, upon principle, I cannot sse that it would be more objectionable than that under consid- eration. An attempt was made to give perpetuity to the association to be formed under the provisions of the resolution by declaring that, in case any as- sociate should die, or do any act whereby his interest in the associacion should veéct in another, the sssocia- tion should not be deemed to be thereby dissolved, but that thesuocessor in interest should stand in the place of the asscciate to whose interest he had suc- ceeded. I do not think the sbject of the parties couid be effected in this way. 1 am notaware of any rule of jaw which would bind the legal representa- tives of an associate in case of death, or the assig- uce in case of inaolvency, to become a stockholder, stovding in the place of the useociate to whose inter- et he bad succeeded. Ih such a case I suppose he would heve the Jegal right, as in any other unincor- porated association, to haye the business closed up and to receive his share of the assets. But, whether this is co or not, I cannot see that this provision can vitiate the graxt iteelf. It is in no respect necessary to suppert the other provisions in the resolution. Though inoperative, as | think it would be, the other provisiovs in the resolution might very well stand without it, if otherwise urobjectionable. Nor do I tui: k the resolution a violation of the ision in the chatter which requires that contrasts for work to be done shall be made bythe appropriate head of the executive department. This provision, as I understand it, only relates to contracts which would involve a liability to pay, for the work to be done. Av agieement, as in this case, to sweep and cleanse a street, not fora compensation to be paid, but as the condition upon which the privileges specified in the centract are granted, may, aa it seems to me, very well be by the Common Council itself, without the intervention of any of the heads of de- partmente. Having come to the conclusion that the resolution in question is not within the powers conferred 7 toe Common Council, and is, there- fore, void, I have not felt myself called upon to examine the questions of fact presented the pleadings, aod to which the evidence presented upon the trial was directed, with the care which their importance would otherwise require. As t> the effect of the proposed rulway, a great diversity of to the ex- | opinion evidently exists among the citizens of New ‘ork. <A large number of witnesses, among whom are gentlemen in whoee judgment on such @ subject Ishould bave great confidence, are of opinion tha’ it would be a great public benefit, and in no Tepe 3, While: quite a8 many more, upon w! opinions f should quite as willingly rely, think the propored railwey would prove a nuisance not to be endured. Under these circumstances, I should not feel rin justified in declaring that the eonstrac- tion of the raad would crea'e what, in legal effect, would amount to a public nuisance; yet I may be permitted to add, I am not without strong appre- bension fogss ome aon ie ee to the owners of proj » 8 ; ¢ lower portions of the street. Tax {odtined Yo think the weight of the evidence tends to this conclusion. In respect to the circumstances under which the resolution was adopted, I do not think the evidence would warrant the conclusion that the members of the Common Couneil who voted for tie reeclation were governed by corrupt motives or acted in bad falth. And yet the acity with which they persisted in con- ferring upon these defendants privileges so extra- ordivary in their character, and which are sup- posed at least to be of so very great value, is caleu lated, it must be conceded, to excite a Mvel: suspicion. Other propositions, apparently muc mote favorable both to the corp ration aud the public in their terms, were vefore them. That they should reject theee, and adopt the proposi- tien of the defendants, can only be accounted for if the members of the Common Council who voted for the resolution are to be acquitted of with all ro pe ye thereto belonging, shall be surrendered to the corpcration ata fair and just | valuation. Can it be that a contract containicg such provisious may be rescinded at the pleasure. of the | corporation’ Phe very contingency, upon. the hap- pening of which alone the parties seem to have con- tempisted @ termination of the contract, far- uiehes the strongest evidence that the gract was intended to be perpetosl. I agree with Mr. Justice Bosworth, that “it would be an anomaly if, after the grant had been made and accepted, and the road built ingevery respect im con- formity with the terms of such a grant as is contaia- ed in the resolution in , the Common Coun- cil may rescind the gramt and divest the rignta acquired uncer it, precieely as they may order 4 street to be widened or extended, or repeal avy po- lice ordinance or Re ey The same view is ex- pressed by Mr. Ji Btrong in the opinion deliy- ered by bim upon the motion for an injanction in this couse. After referring to the inent featnres of the resolution, that learnéa Sedge sage: “Surely all there provisions indicate scmething more thau a mere revocable license, They convey a valuable right, which, upon the performance of the acts required trom the defendants, would vest in them, aud of which they could not be deprived by a repenl of the fesolution.”’ Me. Jertoe dios too, in the vay able opinien recently delivered by him upen the decision o’ a kindred “Tam ot toe eae a ye reec! either of the parties unless the power of rescind it is expressly reserved, or was | ven by some constitutional hehe age sion & force when the coutract was made. | feioense disbouesty upon the theory assumed by the counsel fer the defendants upon the argument: that they had no confidence inthe good faith of those who made the propositions, iuasmuch aa they were avowedly oppcsed to toe enterprise. But, whatever may have been the motives which induced the members of the Commen Council to support the resolution, the irs: soenced their power, and, therefore, even thoug! 1t may bave been uninteotional, were guilty of « breach of duly. They bad no right to imake the giant contemplated by the resolution, and, having attempted it, they were chargeable with a violation of official trust. The only other question which T deem it is useful to notice ;, whether the plaintiffs are entitled to the remedy for which they ask? The corporation had assumed authority to grant permis- sion to the defendants to lay in Broadway « railroad track. By virtue of such permission, aud yes with- out legal ‘authority, the defendants ,were about to proceed to the execution of their purpose. The Ille- ga! act thus about to be committed would, if con- summated, result in specisl, and, perhaps, irrepara- ble mjory to the plaintiff, and other, who, like them, are owners of real etate situated upon Broad- way. Besides their interest in common with other corporators and tex payers, they had this other spe cial and more important interest to be affected vy what might be done by the defendanta under their pretended license from the corporation. Upon this state of fac's I cannot doubt that the plaintiff are entitled to an injunction. Tie act about to be com mitted by the defendants was unlawful, but woether it would amount to @ public nuisance may, qs the evidence in the case stands, be questionabie. But whether a public uuisance or not, it ould, L have no comtemplated by the resolution must, therefore, be doubt, prove injurious to the proper'y of the plain- re} ‘Ss perpetual and irrevocable. LI etapa e 1, £0 far an the of the defomdanta, will become veried in them. | The exercise of the legislative powers of the corporation, in respect to that street, must be in eubordmation to ' at Socepenstion , without ‘ rent of “= Legislature, thins divert Treelf otis on \ powers ‘Lie resututson itseit is, therefore, unaatho- Tized and void.” Again, the gorporation bas “uli way Low vested in the sre If it takes tiff. If #0, whatever the public rights may be, they entitled to have soch ublawtul act reetraiced. A nuirance be both public and private, To the individual who bas sustained actual damage us the result of the wrongful act it mey be regarced as » private nuieence, even where 1 party chargeable with each wrongfel act might also be convicted of a public nuisance. (See First Baptist Church, &c , vs Fekerectedy an4 Troy Pailread Company, & Bert 79, and cases there cited. See also Vode, sec. 219, Christopher va, the Mayor of New York, 13 Dasb., to the people belong all ten slative power on sul)- jects affecting them, and them only, whether ip ‘tates or Territories, and that the people of the Northern States have no right to interfere with the domestic institutions of Southern States, any more than the Southern people have the night to inter- fere with the domestic institutions of the Northern States. Iam still of the same opinion, This is no new doctrine espoused by me for making political capital; but there are many who are now bitterly 9) posed to free soiliam who were rabid Wilmot pro- viso men in 1848, and belonged to the Van Buren or- ganization in this city. I really trust that they are sin- cere in their professions this time; but asthe in the South facetiously say, “White man is unsartin.” I might with propriety refer to se meetings and conventions in which I have taken & prominent part, to prove, if necessary, the truth of what I here assert; but it woulc be wasting time use- lessly, and require too much space in your valuable per. I will therefore only refer to the Democratic ity Convention held at Tammany Hall in July, 1850, for the purpose of reorganizing the democt party in this city, and of which Hon. Francis B. Cut- ting and myself were members. I refer to this con- vention because the question now before Congress was debated in that convention. 1 had the honorof introducing the following resolutions, which were adopted, after a lengthy discussion, by a decided majority:— Meavlvec, That the zoverament is one of limited powers, and that Congress ba» not ine rigut to y exprersed, tpeci implied in the provisions of has been the policy of the cemocratic party, aud one which they never can absavcou, to aabere to » 1: oon struction of the constitution. a.d oppose the exercise of all doubtful powers. Retelved, Tost the eccnetitu'ion han not delegated to Congrere the right te establish cr prohibit slavery ia the Te ritcries of the United Sta tea Resolved, That the territories of the United States are the joist property of the severnl States, acquired by their United aoticn, end the expenditure et ‘heir common trea- sure, acd that they are entitl-o to g veroments organised ‘upon the theory the fee: ompart, leavieg to the people thereof to et uch Jaws relsting to their domes- ‘Vo institutions Y may deem most conducive to their welfere and bi 80 In an oration delivered by me on the 4th of July, 1651, and which you kindly published in the HexaLD, you will Ond the same seutiments inculcated. If such sentiments, freely expreaced on all occasions, make me a free soiler, then I am certainly the most extraordinary specimen of that sort which has been ee. tothe public fora very longtime. You ve put me down as one of the leaders of the demo- ciatic soft shell party. Allow me to say that I do not pretend to be a leader of either division of the democratic party in this State, and care very litle about bards or softs. I think the honest democracy Broa ghont the Btate sre getting tired and with the pretended leaders and would-be dicta‘ors, who have created and kept up dissensions am them until they have thrown the State power and peeage into the bands of our political opponents, he true democracy of this State be deluded bE the bei td i ed 1 and re poll- cians; ey not long follow any man who is not faithful in his adherence to "ound democratic republican principles, and a strict con- struction of the constitution. If you me down a free soiler because I has sustained been designated as the soft shell ticket at the late election, or because I am in favor of sustaining a de- mocratic administration, you are perfectly welcome todoso I sustained that ticket because I knew it ‘was nominated by the regular organization of the democracy of the State. fen in favor of sust: Gen. Pierce's administration, because I approve the principles enunciated in his inaugural, and which in my judgment command the respect and admira- tion of every true democr«t in tie country, and be- cause 1 do not think the removal of a Collector, or the appointment of a night ing; ot the customs, is of sufficient consequence to ik down # demo- cratic administration, al h it may interfere with a ii thas city po tree account for shells in this city; and per! may the great display of inordinate patriotism di our late election. Ps sibs Tam glad to find that the democracy of other States begin to vi somethin; of the hum- bug in the polities of New York. Youask, in the Hxraxp of this day, whether Mr. Van Baren and myself were in favor of the of the Missouri compromise. I have not the @! patho dye od Mr. Van Buren’s opinion on that ; bat lam decidedly in favor of sustaining Ji ‘8 bil, with the amendments le in the You alto wish to know if Mr. ee going to desert him on the first sign of a storm. I will answer for @ great many true democrats whose sentirents I iccow, and say that Wil iam L. » by his long, Jaichfal asd anwavering adherence sound dem cratic republican priociples, has grap. pled bis friends to Lim with’ “hooks of and they will never de-e:t him while is one single plank ‘eft in the form, upon woteh has stood for years, in bis democratic integrity and fidelity, without faltering in defeat, and ua in ry. You stated that I bave shared the spoils with the acmintstration. From that statement I am led to believe that you think I supported the adminiatra- tion because J beld an offiee under it. But J distinct- ly avow that 1 have not received at the hands of the acmini sny office or emolument, nor has an; office been tendered to me. 1 presume you, many others, have been deceived by the reports made in some of the newspapers that [ had been peinted wail egent. I never made application such tment, nor was it ever offered to me; 1 will say, that if it had been offered to me, I think my patriotic desire to serve would bave induced me to acceot it. You ask, is to be dove in Tammany Halil’ I cannot you a decisive answer. I am not Grand nor Chairman of the General Commivee. 1 suppose, however, that old Tammany will when sity requires it, and that she will speak as = spoken—on the side of the Constitution Jujon. I pa gndentand Spar allasions ters and free liquor, as [ general these who know me oO boon ma ey indulge in intoxicating drinks. 1 cannot by free fight you meau @ real fisticuff, far I ago gives up that sort of amusement; bat from the Hyn+ 1p should invite me to join him arefined aud harmless pa: time, I could not find it in my beart to refure him. But if you “eve Ut ieheg? Eze ge £24 i z Fart A on the Nebraska bill, J agree with you, even in re- pect; and when necersity requires it, find ae ing for the seme princi T have alwayeadvocaied—for the cunstitatdonal ‘the ople in the Territories as as well we in the States, Reaby and willing to matutsin to the of my ability the integrity of the Unton and the ainst ail factions and at every or Taw pet ae y hazard, Mr. avagorehended, affliced wich extinction of vune. i uate Yous, &c., ke. de, Garam Rraomes, ti ¥