The New York Herald Newspaper, February 8, 1854, Page 3

THE EXYRADITION CASE. United States District Court. WHE EXTRADITION OF ALEXANDER HEILDRONN— IMPORTANT DECISION OF THE AON. JUDGE IRGER- BOLL, CONFIRMING THE DECRER OF THE GOMMI8- SIONER TO GIVE UP THE FOGITIVE. Fu. 7.—Jn the Mailer of Alexander Heilbronn, claimed by the British Government as a Fugitive from Justice, for an al- leged forgery The relator, Alexander Heilbronn, makes his petition to this court, in which petition he alloges ‘Bhat be is imprisoned and restrained of his liberty by the Marshal of the Usited States for the Southern district of ‘New York; and that he is not committed or deveined by virtue of any process iasued by any Court of the United States, or by any Judge thereof, or by virtue of the fina, judgment or decree of any competent tribunal of civil or riminal jurisdiction, or by virtue of any, execution is sned upon such judgment or decree, But that the poti- tioner of such restraint and imprisonment,sccording to his pest knowledge and belief, is, that John W. Nelsos, £yq., Ppon the éth day of January, A. 1). 1864, ingned his war- rant of commitment against the relator, as an alleged fa- gitive from justice from Great aoe basa aie a idencs addat support of the Sites craw relator, Andin peor adhoc ww hat the said warrant was without solor of ae that there was no evidence before raid Neon that the relator had sommitted any crime, And for there raasons and for these reazone oaly, he prays in that petition thate writ of babvas corpus may issue cirected to the said Mar- shal,comman‘ing him to bave the body of the relator before thia ‘court, that he may be discharge’ from such imorl- sonment, #0 alleged to be mase without color of law. ‘The first question that presents itself is, what zight has this court to interfere upon the facts ret forth io the pe-ition; and {aking it for granted that all the allegetions thereia et forth are true? Neither the Courts of the United States, ner the Jndges thereof, cnn interfere by way of Dabeas corpus in all cases of illecal imprisonment; of im- ynmen' lor of law. Th ine SESRTREDY MG Mtn Dp eclkine Gevee; UW oases apeoltiod by some articular aot of Congress, where the uulaw- fal careacanens is under some color of law, and not where it is without any color of Jaw, Andif the party who presents hia petition does not bring himaelf within the descrip'ion of some one of the apeciied oxses provided for by some one of the acts of dongress, which authorises the teulag of the writ of habeas corpus, then no Court of the United States, or Judge thereof, can interpose and the relief cought. The power grauted to the Giurts ot United Stat and the Judges thereof, to in cates of unlawfal imprisonment and to issue @ babeas corpus, emtained in the Ju Giciary Act of 1789, where it is provided that ‘all the Courts of the United States may issue writs of ecire facies, habeas corpus, and all other writs not specially provided for by the Statute, which may be necessary for the exercice of their respective juristiction, aud agreeable to the principles and usages of law. And either of thi Judges of the Supreme Courts, as well aa Judges of the District Courts, may grant writs of habeas corpus for the ‘purpose of inquiry into the cause of commitment; but ‘writs of bavens corpus sballin no case extend to privon- era in jail, unless they are in custody under or by color of the suthority of tle United States, or are necessary to de brought into court to testify.” In order to justify a United States Court or Judge thereof to discharge a pri soner on a habeas corpus, who is in jail, he mast by tuis provisicn of Inw be ‘in custody underor by oolor of the authority of the United States.” And that must eppesr in the petition which in presented, It does not aatisfacto- rily sppear from the petition (though the fact is 10) that the relator is in custody by color of the authority of the United States. Indeed, the petition states that he is ia custody, “without any color of law.’ Andif tuis is xo, cannot de in cust under color of authority of the United States. The petition does not state that Jobn W. Nelon was certainly under any such color of authority, Tt merely ttates that he, as an individual, with- ent color of Jaw, iesued the warrant of commitment. or show that the Marshal holds the apy such color of authority, I merely that he is imprisoned and restrained of his liberty by the Marehsl, by virtue of the warrant issued by John 'W. Neleon, without “color of law.” It might then be urged thatthe oase, as presented by the pett- tioner, is not such a one as would author” the court, by any law of the United States, to interfe for the reason that it does not sufficiently show that the relator is ua- lawfully imprisoned uuder or by color of the authority of ‘the Uvited States, Bort I do rot feel inclined to disp »#e of the case on this ground, but to treat it as it is presented by the Marsbai’s return, and the evidence which has been ‘taken, by which {¢ appears that the relator ts “in custody, under and by color of the authority of the United States’? ‘The return of the Merehal to the writ of habeas corpus which issued, sete forth that he holds apd detaias ia his @usto’y the said relator under and by virtue of # commit- ment of John W. Nelson, Esq., « Commissioner duly ap- ted by the Circuit Court of the United States for the thern Dietrict of New York, under and »y virtue of aa act of Conzress, entitled “An act for giving effect to oertaia ‘treaty stipulations between this and foreign governments, for the apprehension and delivering up of certain offend- »? approved August 12 1848, which ssid commitment fi dated the 6h dey of January, 1854. And the Macahal tf return a caepy of ssid oommitm et of commitment iesusi by Commissior Nelson, oi cer reciting that on the 2lst day of Now mbar, 1853, complairt on oath was made to him, he being a commissioner daly appointed by the Circait Court of the ‘United States for the Southern District of New York, Ger and by virtue of an act of Congress entitled for the giting effect to certain treaty etipal: tween this and foreign governments, for the apprehe and delivering up of cercatn offer ” sppreved August 1, 1848, charging the relator with haviog commicted, within the hes of London, within the jurisdiction of the ment of Great Britain, the crime of forgery, by fog the name of Charles M o tosh & Co, upoa the a Dill of exchange, for the amount of forty thiee | set seven shillings and sixpen: . dated the 2d day of | 1453, drawn bg and signed “For the Governor acd nd directed 'To the Cashier of the Bank of Eag- land, London,’ and reciting also that whereas s treaty | for ‘the extradition of persons committing such crime | existe between the governments of the United States and | Great Bri‘ain, and that the President of the United States, | upon claim by thegovernment of Great Britain for the | Sompany of the Bank of Ireiand—James Jackson Cash- fer,” 81 extradition of the said relator, upon the charge aforesaid, | fm pursuance of the said treaty, did issue his warrant competent cflicers to investigate such | tring all Seanre sr and WtAy: ba, Gs, eel Oem evidence of his crimi sidered ; ard resiting also, t! prehended and brought before him, the said Commission- er, yy yon of his said warrant, acd tha! hodid hear and | ler the evidence of hir criminality upon said charge of forgery, apd that upon such hearing he did adjadge and deem the evidence of the criminality of said relator, | 6d, Sufiisient, under the provisions of said treaty, to sustain the charge of forgery; cid command the Mar- ahal of the Scuthern district of New York to commit the said relator to the proper jail, there to remaia until he should be surrendered, in pursuance of the sail treaty, or be otherwise discharged by dus course of law, By tae tenth article of the treaty of 1542, entered into between the United States and Great Britain, it is stipulated by the contracting parties, taat they shal, upoa mutual requisitions by them or their ministers, oflicers, or au- | thorities, respectively made, deliver up to justice all per- | sons who, being charged with certain crimes, (among | which crimes is forgery) aad committed withia the juris Gistion of either, shailseck ao asylum, and be foand | within the territories of the other; provided that this only shall be dene upon such evidence of criminality a, gocording to the laws of the plece where the fugitive or ES #0 charged shailbs fouad wonid justity his a sion and commitment for trial, if the srime or offense had there been committed. And by that articia of tue treaty it was farther stipulated and provided, tust the re- spective judges and magistrates of the twa governments li bave power, jarisuiction acd authority upon com- pvr hape under oath, to Irsue a warrant for the nppre- n of the fugitive, or pereon socharged, that he maj ‘be brought before such jacge or other moei spectively, to the end that « .oality may | be heara and considered; and if, on such hearing, the evi dence be Csemed sufficient to meintain the charge, it aball be the cuty of the examinirg judge or msgistrate to | certify thi to the proper executiva antpority, that» | for the surret en act of Congress, appro for the purpese of giving 3% to certain treaty d foreigu govermiments. for the ap- ring up cf certain offenders, it is ewacted, cases in which there exist after may exist, any trea'y or convention for detweeen the government of the United States acd any bp government, it hall and may be fal for any of the Justices of the Suprems Court, or judges of the #a- ‘veral district Courts of the Unite’ States, and the com- missdoners autborized fo to Co by any of the courts of the Usited States, and they rhall have power, upon com- plaiat mace xpon oath or affirmation, chergiog any per- 0a, fourd within the limits of any State, divtrist or Ter- fitory, with having committed within the jarisdiction of any such foreign government, auy of the crimes enu- merated or provided for by any such treaty or conven- tion, to ivsue his warraut for the « pprebeasion of the so charged, that he may ba brought before suth ge or Comm'sioner, to the end that the evidence of er.mivality msy >¢ heard and consi ered; if on such bearing the evidence be deemed suflictent dy him to sae tain the charge, under the provisions of the praper treaty or convention, it shall be the duty ofsach jadge or com- missioner to certify the same, together with a copy of all ‘@he tostim ny taken before Lim, to the Sscretary of State, thet a warrant may icsue, on the reqaisition of he pro- per sathorities of svch foreign government, for t Fender of such person, sccording to the stipulation: wald treaty or convention; aad it shall be tne duty of sald jucge or commissioner to iseus bis werrant for the ea it of the person fo charged to the proper jail, there to remain until such currender shall by made, And it 1s further provided by that sot of Concross, that in every case of complaint as aforesaid, and hearing upon the return of the warrant of arrest, copies of the ceporitions apo whic! apy foreign country ma; | yn origina! warraut io been granted, certl- fied uccer the hand cf 1 rom or persois fesuing such nt, and ittented upon the bath ot | the party produ them, to be true copies of the ori- ceponitions, may be received in evidence of tho ert. minality of the perron so apprehended. And that it sail be lawfal tor the Seoretary of State, uncer his hand aa sea) cf cflice, to order the person so commii:ad by each ¢ or commissioner to be delivered to sush person a 1 b@ authorized, in the name aud on bshal! of such | foreign goversment, to be tried for the crime of which euch shall be so accused, and that seach person wbali be delivered up according'y, And it is farther pro vided by tMat act of Congress, how, wader coriala sit. cumstances, @ person, committed by sush judge o: obm- missioner to awalt the order of the execat! for hie extradition, may bys judge be discherged @a a hed: qorpus. For it is further enacted that whon any persor who rhall have been £0 committed by any jrtge or com. misfoner, to remain until delivered up fa purewanos of a requisitio ll net, after euch commit calepdar aereof (and | Ger 8th ae satisfies the | prove that | that plecge. be cannot be extcutive thr veyed out of t Acct e ‘der from the . afd eon b & cusp it | and upon yeset meds tone Judge that reasonable no- tice of the intention te make suc! naplleaten Sas been given to the Secretary of State, to order the person so committed to be discharged out of custody, unless cient cause shall be shown to such Judge why suc! charge ought notto be made. In such a case, however, where there bas been a lawful commitment, no discharge at any time can be had upon the erder of Judj lean reasonable xotice of an intention to make an applica tion for a discharge has been given to the Sroretary of State. Commissioner Nelson, as ny oro by his warrant of commitment, finds and ceriifies, before he proceeded to act, tbat a complaint ou oath was made, cherering. Mis re Jator with having committed withio the city of London, within the jurisdiction of the government of (reat Britaia, the crime of forgery; that the Present of the United States, upen the claim by the government of Great Bri- tain for extradition ofjthe said re!ator,upon the charge aforeraid, in pursuance of the treaty, cid issue his war- rant requiring bim (Commissioner Nelson) to investigate said charge; that be cid, after such complaint on oath, and after auch warrant from the nt, iseue bis (the said Commissioner Kelson’s) warrant for the apprehension of the said relator upon the said complaint; thet the said relator was apprehend ed in pursuance of raid last mentioned warrant, and brought before him; ihat he did investigate said charge; that he did consider sud hear the evidence brought be- fore Lim 9 rinvinwtty OF wae Felato: upoa wud “ald Sarge of forgery; sud that, upon such hearing, he did adjuc ht and consider the évidence of the criminality of the relator, as charged, uflicien:, under the provisions of the treaty, to sustain the charge of forgery; and that, therefore, he did 1rsue bis warrant to commit the relator to the proper jail to give an opportunity to the gevern ment of tire United States, if, in the opinion of the Execa tive, the facts im the case authorised and required it, to fasu trantior his (the eaid relator’s) extradition. can be no questiog, if this warrant of commitmeat legal and valid warrant. ifthe facts stated therein by Commissioner jon are true andi not false, but that the relator is in the Jawful custody of the Marahal, aod that he is not uniawfully imprisoned, This is admitted by the counsel fer the reiator, And it is further admitted ‘that this warrant of commitment, on the face of it, is » good ‘Aud if itis @ good and’ valid warrant, although Commissioner Nelson as fousd the facta certified to by him, it will not gnc follow that ® warrant for the extraditing of relator will ise The Commissioner, by the at of Con. gress of August 12, 1848, musi certify to the Secretary of State ® copy of all. the ‘testimony taken before him, upon which he forms his opinion, so that. the President can determine whether upon the testimony ko taken the necessary facts are established to {ustity the government in granting # warrant of extradi ion, By the testimony taken and submitted to the commissioner, he in the first place determines whether, in in his opinios complainton cath has been made and if it has, thes he es his warrhot of commitment, aad when, upon that warrant being brought before him, he deter mines upon the evidence to him submitted whether it is sufficient to retain the charge made. If he does deem i: sufticient, then he orders accused to be holden in cus- tody, so await the deeision of the governuent thereon. And his doings are declared by the act of Congrera to be gooa and avail ‘o all intents and purposes, The com- minsiquer then, after he shall have sent to the Secretary of State @ copy of all the testimony taken before him, bas performed bis duty... The President then is to per form hisdaty. And that duty is to examine the teatl. mony #0 taken before the commissioner, and to determine upon his responsibi ity and the responsipility of hw con- stitutional advisers, whether it appears from such teat! mony that a complaint on oath was inade, and whether the evidence so taken, im the opinioa of the govera- ment, is sufficient to sustain the charge made. And if either of these fac in the opinion of the government, are not sufficiently and satisfactorily mace out by the evidecce so taken, then it is the duty of the President not to grant a warrant of extredition, But if these facts, in the opinion of the government are satisfactorily established by such evidence, then it is the duty of the Presi‘ent to grant euch warrant, and by so doing faithfully carry out the stipulations in the treaty coatained. Ani the object the application before me is not only to have me deter mine thet Commissioner Nelson made a further find ing, and to declare that his doings, which the act of Con- bas ssidshould “be good and availeble to ail in- d purposes,’ shall rot be good ard avaiiadle to intent or purpose, (for to have this sppli cess‘ni I must do thie,) bat, also, that I should prevent the President from deciding, upon th mitted by the Commissioner to the whether # complaint on oath was the Commissioner, and whether such in his opinion, aided by hie constitutional advisers, under the provisions of the treaty, to sustain the charge of gery against the relator; or if exch decision has already been had in the affirmative, that I should determiae that such decision, so made by the President, was also s fuller decision The warrant of commitment issued by Commis- sioner Nelson is attacked cn several grounds. The rela ‘or, in his reply to \he return of the Marahel says—First That before the Commissiorer issued his warrant of arrest, ard had proceeded to act, upom the order of the President, no complaint ander oath had been made charging the relator with haviog committed the or me of forgery within the jurisdiciion of Great Britain. Sscend, That there wae no evidencs before the Com- missioner, euch af is required, to sustain sgeinst him any such charge. Third, That if theve was may such evi- that evidence was not suilicient to suvtaia any . And upon these grounds the femand is warrant of commitment shou'd be de. clared of vo effect. Previous to sony action takea by Commissioner Nelson, certain papers, which purported to be copies of certain depositions takea and sworn to be- fore Henry Muggere?ge, an Alderman snd Justices of the Peace for the city of London, upon which origiusl de, titions @ warrant of court bad been granted, which ps. were duly certified by the raid Muggeredg: d the original warrant, unde his head to be trus copies, and which charged the relator with thi fornery, committed by him in London, were transin:tted from Eogland to this oountry, and ct Britieh Minister at Washiogton to the I'rs nied with ® desire in oshelf of the government of reat Britain that a warrant of extradition should ia fue in purruance of the treaty, in order that tue relator might answer to the charge of forgery in London where it wes aid to bave been committed These papers ware tranamitted by the Presideat. to Commirsiousr Nelson, acoompanied with a warrant to him to investigate tho charge as madeand set forth iasuch papers. Thase papers and this warrant from the President were haa€ed to Com. Nelron, and before he issued hie warrant of srreat ho took the deposition of Etward Fannell, one of ths police officers of London, in which he swore tuat he was ac- quainted with Henry Muggeredge; that he was an alder man and justice of ihe peace of the city London; that he had known him to act rep such; that he saw him sign the certificate to rs purporiing to be copier; that he compared the papers purporting to be copier with the original papersia the pocsearian of the ; #nd that hesaw tha orizical aflidavits thereto, ia the pre that the papas then ) were true and correct before him (Commissioner } copies of the origizal depositions. There was then abundant proof submitted t» Commis: sioner Neleon before he issued his origina! warrant of ar. rest, shat Henry Mugreredge was an acting alderman and justice cf the peace of the city of London; that certain papers were submitted to him, copies of which were de fore Commisioner Nelson, the same havirg been trana- mitted to him by the President, charging the relator with haviog committed the crime of forgery ia the city of Londen; and that tho o papers were eworn to before the aid Muggeredge. If, then, the raid Muggureiga, &s such alderman and justice of the peace, had pow nd sutkerity over the crime charge¢, to foverti je the same, to administer au oath to the parties whe ign such papers, and to issue the warrant which wi issued by him, then there was, before Oommissio: Nelson proceeded to act, a complaint under oath mad charging the relator with having committed the crime of forgery In the city of London, aud su:h s complaiat,ua revisions of the treaty. the treaty does not require that the complaiat, under oath, should be mace directly to a m: try to which the alleged fagitive hay fled; bat It it ts | made in the country whose the erime was oommitted, to s istrate who hes power to adnifalater oxths and to iz vestigate ‘imine! obarge made, and take jurtedia- Giction of ti and the same, or a duly certified copy of the tracsmitted to the gcverament of the ae country where the furitive hes scught ao asylam, and the government of the country to which the same bas been transmitted recognizes it oa authentic, thea the terms of the treaty, which requires a compleint ueder oath to be mace, hes been aatinfied, When the case cf Kaine was before the Sapreme © uct of the United States, (14 How., p. 103,) rome of the Judges differed in opinion as to the effect of such ‘estimoay a4 war given by Eiward Firnnell before Commissioner Nelson to thin case. White all sgreed that soch testimony was sufficieat to p:ove thst the foreign magbtrile was duly apoointed to tha | ffiee which be assumed to have anc hold, there wase difference cf opinion whether it wie suflisieat to he had power and aathrrity to ast inthe way that he had aseumed to ast—some of ibem contendicg that such testimony was also suliicieat §> prove that such foreign magistrste had jariadiction tnd authority toactin the matter in the way that it ts proved the said magistrate ci while oth ed it was not saficient io prove any such and anthority in the foreign magistrate, We are notin this case troubled with any euch question. of Kaine the government of Great Britain m' mend upon the government of this country previoas to the ¢xamioation before the Commissioner. They present €d ro papers to the President, purporting to be oupisa of depositions which chargedanyeime The Preside: t isened bo warrant to the Commirstoner to have him {nrdatigate the cace, B of, the relator, the goverameat e Camaai upon tho ry that the relator must be delivered accompanied that demand with papers cbarg- ing the relator with the crime of forgery, committed ia London, snd purporticg to be # copy of a complatnt, ua- Cer oath, mate to » magistrate having jarisdiction aad power to act, Upon tke receipt'of these papers by the President be issued bis warrant to Uomissloner Nelzon to invertigate the case. By iseuing thie warrant the government of this country recognized and acknowledged the papers t» bo genuine, ani that tho foreign maglitra’e bad jurisdiction over the crime ae charge’, and powor to act as be had asrumed to act By raquitieg Commis sioner Nelron to investigate the facts, the goverawmuat of this couptry admitted that the papers were genuine; that accmpinint, under oath, had beem made, fo pureuance of the treaty; for Commirsioner Nelson coa'd pot investigate the facts until ene’ complaint, om oath, had be When there papers, which purported to be copies of ¢ain proceedings had before the 'foretgn magistrate, ware presented by ihe Britieh Minister to the government of this country, the good faith of hin on was pledged that the fofeign magistrate, before whom the originals were taken, bad aathority to act, and bad jurisdiction over the crime charged, and that the {scts stated in them wergtrue, They wore received by this government apo And this is sufficient to etablioh the fast, not only that Henry Muegeredge was aa Aldermen and Jurtice cf the Peace for the city of Loados, but also the farther fects, that he hed jcrisdiction over the crime charged, sud power to admfais'er oaths to the pereons who gave their depositiers before bic, And the authori y and jurirdietion of the wid Maggeredge beieg thus Proved, there papers, execute! befors him, faily proved that ® complaiat om o1'h was made agains’ the rele- tor charging bim with having committed the erime of forgery in Lovdon, before Com min er Nelson ivsued @ warrant for hin arreat.- (409 opinion of Jadgs Nelavo ta the care of Keine, 14 Horare “+ ta fw clefmed by the reliter tg gttrenrmes —— ‘. or forth and in the complaint under oath. The evidence that was submitted to Commissioner Nelson were copies of certain depositions upon which sa original warrant io London had bees granted by Benry Muggeredge, Alcerman and Justice of the Pesos for the city of Londo and which constitute the complaint on osth, oerti| under the hand of the said Muggeredge, aud attested by the person producing them to be true copies of the original Ld preimperi and this waa the only evidencs be- fore him of the criminality of the relator. Sach copies are, by the act of Congress of the 12th of August, 1848, made evidence in a cage of this kiad, upon # hearin; before a Commissioner, upon the return of warrant o! arrest, as wellas to prove that a complaint om oath had Tt has been ahaety shown that the action of the two roments upon the cemand made by the British Minister for the extradition of the relator, aford- ed sufficient proof that Henry Muggeredgo was not only an Akerman and Justice of the Peace for the city of Londen, but that he had jarisdiation and suthority over the offence chai |, and power to administer oaths and take depositions. And it hasbeen proved that the p: pere proinced as copies were true copies of the original Gepositions taken. ‘These depositions go to prove that the relater, he being in the employ of McIntosh & Oo, their clerk, did, without any sutbority from them, and io fraud of their right similitude of the handwriting of one of the partners, to ® bill of exshauge, psyable to their order at the Bank of Evgland, amd did proeure from the Dank the amouat of said bill, and amaconeg d thereafter absconded to this country. ‘The facts, then, in these depositions, tend and go to prove, and are evidence to prove, that the ofluace charged bas ty the relator been committed. Batit is claimed by the counsel of the relator that no depositions taken in England, or copies of auy such dep2aitions, would or could be evidence be ‘ore Commissioner Nelson; that oa the trial of the case ho should hevye disregarded and re jected them, for the reason, as he alleges, t the law of Congress authorizing this kind of testimony is @ nullity— that it in void, opposed to the treaty, and unoonstita- ticnal. By the treaty the United States ale a that they would, upoa a certaia kind of proof being produced to establish the crimo of fergary committed io Great Britain by any one wod should fly to this country, de liver up £3 (m8 guthorities of the country where the of- feNed Was committed the individual charged with the crime, that he might there bo tried—that treaty became the supreme law of the land. Bot it did not prevent the Congress of the United States from making further eusct- ments op the same subject, unless such farther enact ments annulied or restricted the stipulations contained in the tres snd I cannot conosive how the of Aw ust 12, 1848, either annuls or restricts any of the stipu- fitions’ in that treaty contained. The law of Congress Coes not in any way interdct or restrain the engegemisats of the treaty; acd as it does not and is mot oppose! to any of the provisions of the constitution, it was ia the competenoy of Congress to pass it, Jadge Betts, when the case of Kaine was before him, acknowledged the validity of this aet of Congress. When that case was before Judge Nelson he acknowledged its validity. And when \be case was bofore the Supreme Court at Washing. ton the Judge Jaw muet, therefore, be considered a valid law. being so c:psidered, there was evidence bafore Comm! sioner Nelson to prove that the crime of forgery, charged against the relator, wes by him committed ii Lond The count] for the relator farther clatme that, there acknowle?ged ita binding force, The Aud evidence before Commissioner Nelson to lish the charge, that he was called upon to iovesti- thet that ertasnoe was not sufficient to establish ‘that he erred when ho found that the evi- dence vas deemed by hia sufficient to sustain the charge, and that, therofore, the relator ough! not to be holden under the warrant of commitment which he issued. The firet question that presents itselfon this branch of the case iv, what right bad I to interfere, even if I should be ofthe opinion that he erred in judging of and weighing the evidence, when he found that the evidencs was deemed by him rnifi sient to establish the charge he was called upon to investigate? Commissioner Nelsop has the seme authority in a matter of this kind e6 s Judge of the Supreme Coort would have had he have undertaken to Invertigate the charge. And I have mo mora right to to sit in juégment on the opinion by him formed, that the svidence was deemed suflicient by him to rusteia th charge, when there has been any legal evidence befor: him to prove the charge, than I shoald hava to sit in judgment on the opinion of a Judge of tue Supreme Court ip @ case under the like cironmatecc Thbave no such power given e by the law; sud I have no disposition to exercise a power to ciasharge upon a habeas corpus, or to attempt to exercise such power, unless tt is given to me by'law. The act of Congress, in prescribing the duties and the powers of the Commiasio1 provides that * ifon such hearirg the evidence be deemed sufficient by him (tne Commissioner ) to sustain the charge, under the provimons of the proper treaty,” it shall, among othor things, 83 duty to issue bia warrant of commitmert of the scoured, to await the deter ion of the President, whether or not he will, upon the ¥¥idence teken before the Comn issioner, issue @ warrant of extradition. Where there is any legal evidence before the Commissioner to establish the charge, aud that legal evidence is deemed by him sufficient, no matter how many others may dem it ireufficient, and he grants a warrant of commitment, that commitment must stand, and no Judge has # right to disegard it, er to render it ineffectual, at least aot until the expiration of twocalencar months after it shall have been iesued. Insuch « case no one oan revise the opinion of the Commissioner but the President. The President has that power. if he should be of the opiszion t! evidence taken before the Commissioner on the was not sufticient ti tain the charge, then it would be hia duty to withbold a warrant of extradition, If he uld becf the opinion that it was sufficient, then it ‘ould be his duty to gran . ‘The neces therefore, do not require that I should e: nion upon the sufficiency of the evidenze up- ing before the Commissioner. As taat ev: before me, horever, I wil Bit to hold the relator tion of the Commission- er was fully authorized and justified. It was his daty to cecide as he did. gh my reasous for thia opinion, for I do not feel disposed to furni: 8 which may be used by othera against the relator on his t ial. uth ard apparent simplicity would induce me rather to sid in his scquittel than to aid io his con viction. My duty, however, compels me to declare that he must remain in the custody of the Marshal, under the warrant of commitment issued by Commissioner Neleon, in pureuance of the requirements thereof. Theatres and Exbibitions. Bowery Tarsrre —Unele Tom’s Cabin” is to be given again this evening, with all ite eplendid scenery, effects, rd kr. Rice in “Uncle Tom” is considered the very best yet. Broapway Tuxates —‘'A Midsummer-Night’s Dresm’” is anrounced for every evening till farther notice. It will be accompanied this evening by s popular comedy. To secommodate thoro who desire to vecure reate, the mana- ger spnounces that the box book will be opened three Gays in advance, Bravoy’s Toraree —Mr. Henry; with the theatre going public, has benefic at thi« thes tre to-night. Tho bill includes ‘A Midsummer Night's Dream,” and ‘Firet Night,” in the last of which pisses the beneficiary playa the old French sctor very fireiy. Mr. Borton and aj) his company ave included in the cast of © A Midsummer Night’s Dream.’”” Nationat Taxatke —‘Uecle Tom’s Cebin’? ts to be play- €6 this afternoon and evening, with the original cast, in- cues Mr. ard Mrs. J. J. Prior, sed little Cordelia How ard. Wartack’s THRaTas —Three capital pieces are annoans ed for this evening, viz =''Love in = Maze,’ “Love acd Morcer,’’ and ‘Bow to Make Home Happy.” Mrs. Hoty, Mr Lester, Mr, Th mpson, Mr Walcot, Mr, Brougham, and other popular artiste, wil! appear. Baxyom’s Mosecm. —The woral drama “ The Progress,” in to be giver bere thi evening. It is quite pepelar. Inthe afternoon “Hot Corn” is the attraction. Broapway Mew. im — “The Liifpatian King,’ now on exhibition at this establishment attracts crowds of won- cering acmirers. He ie supposed to be the smallest hu- man On record, E1cxox Bitz given two of kis crions and mirth prov: ties of the ¢ cE Piacide, a great favorite ibler’s ing entertainments thia afternoon and erening. He ia a | capital ventrileyuist. Baxvanp's Gromasts is on exhibition every evening, at GCeorama Hall. It ten well printed penorains, illustrat ing views in Palestine, Cinmry’s Mixsteets —The programme at 472 Rrondway for thia evening, includes the ‘ garlesque Siamero Twins,” by Pierce and Bryaut; also, the “Chinese Acrobats,” and reveral new songs, Woon's Mixstaats continue to draw fret rate bonses to No, 444 Breadway. A new rong, dedicated to Uaptaia Crigbtoo, called “Bs Cheary Boys,” is om the bills fur to- right. Also the “Virginia Capids.”” Chinese Hatt, —Severa!l new things will be given by Puckley’s Serenacers thia evening. The famous ‘Julliea Read the bille, it Mr. Bourcicault will receive & complimentary benefit at the National theatre, on the gf the 17th iest, Mr. Forrest expressen’ hie wil to unite with the friends ef the author of “Loa cep Arsurance”’ to weaves ebaplet in his hooor. Tho bili for the benefit ie “Lon¢on Assurance,’ and ‘‘Faint Heart Never Won Fair Lady Yet.” Miss A. Reymond, of the Borton Museum, (sister to Mixs &, Reymond, of Burton’s,) mustained on Saturday efternoon es the was ontering the Mnesum building, by oated one of her kreos. City Intelitgence. On Sanday evening, about 0 o'clock, Ning house of Mr. Samuel Parsons, in Flaching, wae entirely deriroyed by fire, Several fire companies from ‘bis éity turned oat, eupporivg the fire to be near by. While Engine Company No. 4wers returning horis through Bushwick svenue, they were attacked by a garg of rowcies and driven feom their engine. Tho ss tailing party afterwards took poanemsion of the engine and returced it to the house of No. 4 without iojary. Axaret or BCRGLARS.—On Monday afternoon officers Smith and Sherry, of the Thirteenth ward, New York, brought before Justice Boswell three men, named Wm Henry Harriron, Daniel White, ead charge of barzlariously eatering the dweiling h Kr, George W. No, 46 South Third street, abowt 3 o'clock ca Fritey morning last, and stealing therefrom c othing and jewelry valued at about $50 The parties were arrested in New York on Friday last, by the above ramed cflisers, on suspicion « f having «tolen the property, & porticn of whieh was found in their possession, and they were temporarily committed by Justice Wood. They fuslly sdritted having committed the burglary, and were op Monéay brought before Jasiles Boswell, who com mitted them to the county jail to await their trial at the Court of Seustonn, named Predarick Pom- aon by offiser Mal herge of ateslirg #104 in gold cota from his fa- . He was locked up to await examination, A Yor Fivath ARRESTED OW A Chance oF bd A youvg female of prepossessing appearance, named Maiy Ann Mulen, was arresied on Monday evening ia New York, by (Micer 'd, on complaint of Jesee A. Kap Call, ® youn geatleman jast verging to manhood, charg ing her with bigamy. It is ebarged that accused wn rried ® yourg man pamed James Welsh, ree! vokiya, in Jone last, and was married clancestinely to the com pisisect em the 28tn of lect month, by the Rev. Mr Welle, of this city, Tce exeminstion {s set dowa for to-day. A font Inden with foe caw the Poorta Inka s lees, The ctiy on mt th MILITARY COURT OF INQUIRY RELATIVE TO THE LOSS OF THE STEAMSHIP SAN FRANCISCO, Full Report of the Proceedings, OFFICIAL DOCUMENTS—CORRESPONDENCE—ORDERS—~ TELEGRAPHIC DESPATOHES—TESTIMONY OF WIT- NESSES, ETC. SEOOND DAY. General WinGeld Scott presiding. 114 Wesr Ecevanra Sraeer, } Tuesday, 11 o'clock, A. M. The Court met pursuant to yesterday’s adjournment, present all the mombers, the Judge advocate and Col. W, Gates being also in attendance, ‘The proceedings of yesterday were first read to the Court by Major Lee, the Judge Adrocate. Colonel Gates asked leave to introduce Osptain Shields, of the United States Army, to sid hia in his business now before the Court, to which the Court assented, Lt, Col, Swords, witness for the United States, ro- sumed his testimony:— Witnest—I now hand the, Court my letter, referred to in my testimony yesterday, which was to hare been brought into Court to-day. ‘The following letter was hers produced and resd to the Courtin QUARTERMASTER GENERAL'S Ovvice, ) Naw Yous, Ost, 1%, 1853. Grymeat—I have the honor to acknowledge the resoipt of your communication of yesterday's cate, in reference the | (penis of the troops to Ualifornia, and in order to p! 6 whole matter before youl report my action in the premise: On the lat of October I received your order of (he 20th of September, to be provide! upon my roceiviag {ufor- mation as to the time when the troops would be ready to embark, and further directing me to sonsult with Gene. ral Scott an to the amount necessary to be provided, Colove: Gates having made @ requisition, (copy marked A,) for the transportation, desiguatiog the 10lA as the ény on which the troops wouli bs ready toembark. I teaw Gen, Scott, who changed the time to the 20sh, sap posing that as toon as they would ba ready; the General seid that it was not material whether they went in a steamer clipger, or full ship, go things went coafortable snd bad sufficient room, Aa no time was to be lost. I immediately advertised for proporals in the two prinsipal cxmmercial paper, Copies of tbe bids reeeived, with an abstract, marked B, are herewith, @n the Tih, the day on whish the proposais were sened, I received your letter of the 4h, cirecting me t edvice with Gemeral Woo! as to the kied and amouat of tranrportation that would be reeded, I accordingly ad dis ed him a rote, (Gopy marked C.) (a the 10th, the General met me in this sity, when I subn itted to him all the proposals received, but particu- larly calling bis attention te the steamer Sau Francisco, and ihe clippers Westward Ho, the Eagle, and the Light foot, the only ones whose’ oxpacity would ba at 1 ‘eofislent, (eee statement marked D,) aa the steamer to which General Wool gave tao prefer. ence would not be ready by the time derignated: by Gaa. Scott, by whose direction my telegraphio sich to you of the 10th was written. Oa the receipt this morning of your letter of yesterday Taddresced eeveral inquities to Mr. Aspinwall. (For bis report see copy marked E, and for farther fofurmation ia regard to the Lightfoot eee psper marked F. 2 é On inguizieg at one of the principal mar{ue insursoce companies Im informed that the rates of {nsarance are | the same in clippers as io full ships, and Iam farther ia- formed that olippers are not considered better vessels than ordinary sailing ships. The ave: S cisco ia from 105 to 112 days by clippers, and about by full ship: ‘The steamer Jobn L. Stephens, which they say is craallor than the San Francisco, mearures 3,931 superfivitl fost on ber upper deck, 4,713 gupsriicial fest on her 6,201 ruperticial /eet on her lower deck, and by law to carry 1,816 pasiengers, and has por deck, Very rorposttaly sir, your obedient servant, HO, SWORDS Quartermaster. { To Grn, Tnowas 8, Jrsur, Qaartermaster General, Wash. ington. Q. You make that letter in the statement of facts part of your testimony here? A. Ido, Witcess—I hand in a letter fom myself to Mr. Avpin- wall, and his letter, Road, as fo lows:— en's OFFIOR, }, 1353, } Qvarrma Naw York, Ost. f&m—Faving received & commanication ‘rom the Quar- termaster Generalj in reference to the propositions for the transportation of troops to California, i would thank you to answer the following questions:-= 1, Can you give positive assurance that the steamer San Francisco will be ready to taka the traops on board and commence her voyag: by the 15th of rext month ? 2. What part of tho ves sel will by appropriate! for the scoommodation of the troops; and what epacs to their beggege and stores, includiag ifty wagons? 6 Will the vessel tate any citizen pacsengera or privats freight ? 4, At what points will the steamer touch for coalivg, C.F 5. What is the probal Francisco ? . By au immediate anawer to the above you will much oblige, your obed’t serv’t, THOMAS SWORDS, Quartermaster. To H. W Asrinwarz, Esq , President P, 8. 8. Uo., New York. Pactvio Mat Stmansmr Courany, Naw York, Ost. 12, 1463, } Cor, Sworps, United States Quartermaster, New Yor’ Desr Su—I have the honor to reply to your letter of orripg that J have again beea aerured by th ebi that the engines will be ready 1 by steam on the Ist of November, whish will allow us ataple time to be ready on the 16th idem 4. The entire steamer vill be at the dl government, excepting on'y a fsw ber: friends of Captain Watsins pied by the officers and tu vtate roome being exclasively allotted to the officers and farsilien, 3, No citivens, passengers, or private f cight will, be teken, The captain's friends will even be excluded chjeoted to by the officer commanding the troops, 4, The steamer will touch fer ovaling at Rio Janeiro, Velparaito, and Acspuleo. 5, Teking the voyage of the J 1. S'ephens as artaodard for estimating the probable time between Now Yor aad San Francisco, and without allowance for the «apsrior qualities and better promise of the Seu Francieoo, 1 pra- sume cighty (80) deys is the prriod in which we expect to accomplish this voyage. Iam, very reepeottalis, yours, W. ASPIN WALL President Q. You have said that Geaeral Wool rent you on steamer after you had turned her over to tha regiusnt to see if the fieight left room enough for the troops were other (flicers associated with you in that operat! A General Wool requested Mr, Aspinwall to go w me, and desired to bave our opinion; [ met Col. Wark ington and Lieut. Fremont, s{ter reseiviog (jen. Wool’s or- dor; Cel. Washipgton was then in command of the troopa, timo it will take to rench San 4 for personal the s*cond eabin, nos ossa end Lieut. Fremont was Regimental Quartermaster: I asked them to go with me; they went. Q What tris trips had the steamer made to tost the { her mew engines! ade three trial trips; the Iast trip was wall af entirely satisfactory. as the result of the other triel trips? Did the ship go to sem in either of her trials, or below Fort Hamilton i A. 1 co not know; I was not on board of her, (CROPS FEAMINATION OF COL, BWORDS, HY COL, ARTILINRY, Q Were yourent or board the steamer San Francisco with Col. Abercrombie to ascertain whether eighty dia- | goons cculd be provided for, besides the Third Artillery, after Col, Gates bad represented to Gen. Wool tat he {hovght they could not be? A. I krow nothing of Col. Gaten’ reprereatations to Gen. Wool; I wan sent with equld take the cregoons, end co reperte rent, however, for thé reason, asl heard, that they bad pmalipox smorg them, Q. How weie the troops to be qcartered om board the Sap Francisoc? . A, That w the comma: ever to them; EL red the charter party in farther an- newer to that quéstion, [The charter party was thea read, and the following directed to be entered on the re- ccrd, as the ouly parts of the instrument relaticg to tho | 1» aeked the withers) — | 1, Bath chartered the eotie steamship Saa Francisco. 2, Tobe Stted up with berths in her eterege, for the tocommor ation of four hundied and seventy firs soldiers, snd leone resses more or lean. 3. And the officers, with their familien, to be provided with state rooma in the ealoon, and cabin fare. 4. To rective no citizen psseengors untess authorized to do 10 dy the officer in charge of the em arka'ion. ‘The exer ination of this witness here ended Lieut. S L, Fremont, of the Tnird Regiment of Artil- lery, a witners called for the United S.ates, being sworn in due form of law, testified as follows DIRVCT PXAMINATIO’ Q You were Regim 1 Qoarterma: Artillery at the embarkation on the San Francisoo? wan Q State when, bow, and under whose d'rection they embarked, and bow they were quartered ou the raene!, A. They embarked on the 21st of fecember, nator the command of Col. Gates; two companies were quartered below the main deck, #ix companies were quartered on it, | on the main or par dees; the two companies below the mate Geck were scoommodated with permaneet berths, such sf are provided for steerage pawengere; the six com: panies above deck were ia standees or movenble berth, which were taten up during the day acd pat down at right. Witness then exhibited to the court » drawing of the ship, and explained that the abip had thres decks, the 1 THIRD BY Gares, to the Third AT hind it called ibe steerage ceck: in this ¢eok we to no parrengeta; on both sides of the engine, on the desk, wre the exira tad uf coal for the trip to Rio; in the rear was deggege, mostly the ship's stores, {u the front of the engine on this deck was the lower steerage, #0 en fitted with bertha to receive, acoording to my p sent recollection, 917 To thereabou this lower steerege we eccupied stores, camp and gerrison equip gege, and about ono ‘hundred bai riores, which the Lold would not eon! the rest of the tubsietence stores 1 will explain were below the deck in the bold, but it woul! not take all, and the balance, as I state, wee pul on the lower desk, in the lower stsersge, vrich bad been intenced entirely for officers’ luzgags and comp equipsee and the Quartermaster’s stores. Some subsisteece stores were also put cn the eame fveer- sae deck, aft the engine, where the chip's stores were. Q—You speak of the xtra coal ocoupying ihe steorags on both rides of the engine; what was the ordizary use intenc ed for thet part * | A—Fer taggege; and the putting the coal there | cansed the bag, to go isto the lower steers, Witress continusd.Oa the next or lower is the opper steerage, which quartered the two companies, sa before stated; cext tbat was a room of forty eight berths, onlied en'atteersge and fora bospi'al rex going aft for wenty berths, onanpie hundre? female servants, and the e of the state ronms ot terelye b matter that was to be left entirely to | er of the troopr; the whols ship wes tarned | state rooms were filled with the beddii of the ship, which I belie came oat of ‘the lower eerage, so that I found difficulty io quarter- ing in this place the worem and children of the command; they were crowded there; en this deck alter parsing aft the engine room, was the maia cabia occur pied by officers aud their famille fome citizens; this cabin contained eleven state rooms; nine of thes were occupies by officers and their families; about one helt of them contained six berths each; the rest three each; in reer of this was @ mall saloon; the Brasilian Gonrul and an officer of the Brazilian navy, and their wives, were io this cabin; the upper, or epar deck, held six oo mpanivs in the staudee berths; this deck was formed of the with Of the top and the projecting guards ‘rem the forward batch to the rear of the whecly and engine room: no standee berths for the men were over the guards, but from tne ergine to the rear of the saloon were amali standee berths over the guards, on both sidea; in the rear of this saloon was Nesenee, arm chests, and, I under- Ww our bay emall state rooms, three berths exception of two, which had bedsteads; this saloon was occupied by cificer#, one or two families, and some citizen passengers; the master of the vesse) had hia room thare. Q. Bow was this upper deck sheltered from the weather? A, By the hurricane deck overhead, sgainst the whaels, where the men were temporarily quartered ; on the sides of the «saloon the protection was by canvas curtains, from the burricame deck to the bulwarks, on the sides and ia front; in front of the engiae thers were small rooms on thorides, and the shelter from the bow was by canv: curtains, but it was very open to the wind, necessarily. By direction of ths Court t! ‘amination of this wit- bere suspended, to cing Coloael Thomas, who is required to retarn to Washington, Lieut. Col. Lorenzo Thomas, Assistant Adjutant General United States Army, & witmees called for the United States, being duly sworn, testided aa follows :-—~ Q. What instructions were givea to Oo! bead quarters of the army, in regard to of the regiment for Osiiforuia ? A. I present 2 copy of the ixstructions, in addition to the genersl order, directing the movemeny. Bead, as follows : Hirap-Qcarrrns OF Tur ARN, New York, Sept, 50, 1853 } Coronrt—The General in Chief instructs ma to say tha uring your stay with the companies of your regimen? on Governor’s Island, you will of course have command of the place, and make auch srrangements for the quar- tering ef your command, Xo., a the cirounstacces of the care shall require, ‘At the same time you are re- quested, ag the stay of your regiment is so temporary, to dieterb the permansut garrison as little as possiole; and £3 the reorulting service ia under the direction of ths Adjutant General through the superintendent, you wil pot interfere with the operations of the recruitivg ollicers of the depot on the island. All the disposable recruits on the island, and those uncer orders for it, will be ‘uraed over to you by the superintendent, Lieut. Gol, Abercrowbie, and you will please earn aye them assigned to companies, Allmen belonging to your command who have bat nine months to serve will be left being and trana’erred to the Fourth artillery, except such as may wish to re- plist. Theso will be diecharged, and re enlisted here be- fore railing. You will take the necestary measures to prepare your command for the voyage. The (Quartermaster General hss been requested to cause ample transportation to be provided, and it will be your duty to ree that this shall uot be asused—that erery one has his proper share, You will mmediately make your requisitions on the Assiatent Quartermaster and Commissary of Subsistence on rom the mbarkation for the transportation acd subiiat- en " “Xeu will estiaate for a suppy of the Iatter for at least nine months. Three months flour and ‘six months hard bread. Suould the capacity of thevecce! xdmit, you will estimate for twelve niontks subsistence of all articles except breadstuffs,. “You will eee that the necessary fixtures for cocking, avd particularly for bekixg bread, are proviced for all the command. ‘The officers going around the Horn will be allowed six months pay in advance, You will report as soon as porsible the day op which you expect to have your command ready for embarkation, Bud ss soon as all your arrangements are mad, you will embsrk and immediately proceed via Cape Horm to Uali- fornis. Should the winds be favorable, and the porition ef the ship admit, you wiil touch st San D.ego, where you will find orders from the General commanding \he Pacific Di- vision, for the Gistribation of yeur regiment, which will govern ycur further movemests. If you sould not be able on account of wind snd weather. to put ictoSan Diego, you will make for San Framcisco, where you will report for farther instructions to the General command- iog the Pacific division. Shonld you touch at avy place ia South America, you wafreport the state of your command, aad sead a return of¥t ia the ueual form to General 1H ‘Qaarters and to th Acjutent General. Oa your arri\ yor will make # rimilar report and return, the bhavges which shall have taken place since your ¢ barkation. am, Colonel, very reepectfully, your obed’t rerv’t, (Signed,) L, THUMAS, Ass’st_Adj’t Gen’h To Cor. Wa. Gate, Third Artillery, Fort Adams, R. I. Q Were any cther material orders given verbaily ? A. When these ingiructions were mace out it was aup- j ceed thet the troops would go in eclipper; but when t wan determiced they should go in » steamer, verbal ia- a were given to Gen. Wool to the effect tat only trupply of subsistence ueed be taken; more Pp wtrnctions were also givea ia rex at San Diego; t eral in-Chief after a: rected that the Artillery serving in Texas, Firet Artiitery, and that the et Governor's Island, with recru encugh to make two compantes, nia in the San Fransisco, to reorgavizs there (ho two com paries transferred from the regiment ia Texas. They were sent accordingly in the steamer, ucder the command of Capt. Judd, The witness bere clored his ‘mony and retired. Lieut, S, L, Fremont was recaliod, and testified ax fol Weim Q. How many men were in the temporary berths on the eper deck abaft the wheela? A From fifty to sever ty: five, Q Low many altogether in the six companies, on that deck? A. About three huadred. Witness explained—I omitted ia explainiog the on- pacity of the vegsel to mention the apper forward cabia on the +par deck; it contained about thirty elx berths; was cccupied by the regimental, non-commissioned, rtaft ard merziec sergeants of the rey! ment,with their families, Q Ifthe lower eteersce had been age, the ship would have accommodated what part of the whole command below deck ? A About threo hundred and reveateer, cut of four hundred and eighty nix. Q. Theebarter, ae you understood it, did not allow any ot,ihe saloon or ‘eabin room, except the forward cabins, to be ured for the men? A. It did not; [¢.neultel with Mr Aspinwall about {t; it was objected at first to our puttiog cur men or women io the forward cabia; I intecded to make « point of St, Au“ opoke to the Quartermaster General about {t; Saally Captain Watking consented, and we occupied those for: werd cabios as I stated.; the iorwerd cabias im these rtesmers are for a diferent class of passengers from the state rooms and Falcon. Q. Were the bent diepositions, in your jaigment, mada for the arrangement aad comfort of the tioops on the hat the care admitted of—if not, # fa what? ( tbitk that the beat arrapgements w made that A the care scmitted of, for the number of persons, the quantity ef bepyege, and stored, I will etd, that 1do vot ihipk that men ongut, in thia letitude, to go to sem on (he spar deo’, without the possibility of putting them below in astorm, This is an opicion, however, derived fron) my Pecent experisnae from muy previ- d b ‘J A. Yea, cid. Mr, Aepinwall made the ard I heard it ppoken of by the o Ji was particulerly spoken of in toi ter of adding a Oragcon detachment to the cormai Mr. Aspinwall raid that he would state his objections to General Wool, to that Sf anything should kappen, he would wash bis Farce off Rit Were the dragoons sent—how many of them wis it jection tome; of the regiment: sed to rend? A were not. The nom@er was supposed to be sbont fi'ty at fret, and afterwards eighty. Q To what cepth was it generally understood that the versel wan loaded ? A. Lunderstood from the owners aad master that sh drew rixteen (16) feet; I do not remember that { ever mention’d enythirg on this rubject to Col Gates; la my cepecity as Quartermaster, In #uperintending the louding’” of the versel, I made frequewt objections to Mr. Aspin- wail, to Capt. Wetkins, end, I think, to Ool. Swords, that the yersel was settlicg too ceep in the water, and loquired bow much deeper rhe would settle when she bad got io ber coal; it was snid when she railed thet she was four feet ceeper than it waa said thet ber Isat drai 'y draught loaded on ber tripe, wea twelve feet; I do not know that she was thought unesfe wil greater draught; these osjections that I hay of to the owner and master, were’ rather io the inquiries to obtain information. rs Q What ep ke 7 = “ A. To the best of my judgment and belief, not over six tn h ir in fair weather; the day we left the harbor one, and the sea wes smooth; whether this ‘due to her depth in the water, or to the 6 of her power, 1 do not ko Q. How Jong did she endure the storm before sho ra- ceived injuries? A. The wind blow heavily on the night of the 224; very hard during the day of the 282; about 7 o'clock on the morning of the 2ith th loon on the upper deck was carried awsy, with the bulwark? opponite to it, and the burricene deck above that pert fell on the main deck; the guarce op the weather ride had been partially carried away Curing the right, and tt was supposed some of the men then op them were lost; some left the gusrds during the night and came into the upper ealoon, brought by the Cficer of the day, more to esoape the extreme cold from & weuse of danger; it was enid eighty mea were brought into the snicow; the mom were crying with the cold; I did kot witiers this, 1 heard of it; the reason that so Iiitle was known by ua of what going on during the night war (hat (he ofiicers below were in their places, having so knowledge that the enging was broken; toat was conceal- ed from ve, that the vessel was going in her course: rome of the officers above came bolow, on aa. ; the only persona, I ged working of the thip, cf the engine, were Lisuteman' Mr. Aspinwall, brother of the | owner Q, Was the commander or the officers, or both, called vpom at any time by the master cf the vessel to render acy aesistence or do aay work! A. Not tin the wreck, I mean when the sea swept her decks, nor dol belisye thet he called upon the com toancing cfleer for any asristauce then; 1 was in tho lewercatin for about two days, slightly disabled, but ithe’ ¢ of the commanding officer, aed I did not hear ey reqirct raece to him for sesistance from Oapt. Wetkine, ar any person om the part of Capt. Watkins | Lieut. Marray, of the navy, in uniform; alto (apt, Mer: chant, of the 8th iry—® galisot ofliser who atill bears the mark of & severe wo received to ® rkirmisa with the Comaucohe Indians. Board o! be eg visors. His Honor the in the chalr, Fen 6.—The minutes of the last meeting wert read and spproved. THE CORONERS’ BILLS. ‘The fcllowing bills of the coreners, for}the quarter end- ing let Jacuary, 1858, were receired:—Ooroner Wilhelm, for bolding 174 ingnests and neseseary expenses, $1,. 06; Jovepb Hilton, tor holding 160 inquests, $1,108; Ro Gamble, for holding 146 inquests, $984; William O’Don- nell, for boldiog 164 inquests, $1,068, Referred to Com- mittee on County Offices, ,, Coroner Cambie made ® retara that, in Ootober, 1853, ‘Found with the body of Frederick J, Faller $2,864 54, cne silver watch, two tool chests, and one chest of wear- ing eppare!, whic I gave into the possession of the Pabe A0r ble's bill for post mortem during the same perioc, waa geen” coninetent Coroner 0’ Donneli’s Bill for mot for the ame period, was $05, Ais Tekh: Sxecieaeees Coroner Wilheli’s bili ‘or same, 366, Gorcuer Hilton's Bill for tne, $100, Kach coroner made an official retarn found on tl leceaned persona, terse. bea COMMENICATION FROM THE TAX ComtastonaR, The follofing communication was reovived from the Tex Commirsiover, relative to ® bill ponding before the Legislature, providing for the division of taxation between ihe mortgager and mortgagee ip proportion to ther respective interests in the zeal estate :— Tax ComauaaonmR’s Orrice, Fvb, 8, 1854. ‘To THE HONORANZ BOAKD OF SUPERVISORS :— GuyTizMan—We herewith enclose you s copy of @ Dill pending before the Legislature of the State, and which provides for the division of taxation between the mort- geger end wmortgagee, in proportion to their respective interests in the real estate. Believing that the adoption of the propored law would conflict with the general interest of the State, aod operate with singular severity on the city, has indaced us to direct your attention to this subject, acd br tosome famediate and prominent oonseq! The real estate of this city is now probabiy encumber to the extent of $100,000,000, and only oas haf of such mortgajes actually beld by residemts within; he county. If tbis proportion. therefore, i assessed as*part of the res! Petate, and ceducted from the faterest or priacipal fedlicg due, {% is protected from the ausessmaents now tm- orec upon it as personal property, aud thus some thirty ‘x forty millions be released from taxation, ‘The dill is obnoxious to other aod more serious objec. tiov# than those arising from its inevitable ellect of en- hencirg the rates of taxation. A very large proportion cf the mouey Icaved in this State an‘ city is derived from other Stater apd countries, where the parties aro direotly tened on the fullamount of their investaeats or tae ia- ccine which they produce, If, ia addition to this certain liability at home, the mortgagee were compelled to pay abroad » tax qaal to cue ands balf percent on the sam loaned, it would une (uestionably operste ad a probibition ; and ‘the immense smount of capital now to eur advantage invested ia sack securities, would be withdrawn and civerted to those es which adopted a wikerand more ceaerous policy, The capitaliuets of Kurope! and the citizens of our sister States could not afford to submit to this d @ even residents would view with evi: clees of securities to which respoumpbilities were at that could not be evaded by any chauge ol residence or condition, Under the existing Inw, money im hand or capital ia business is pct liable to assesment, when ‘sductiog the ktcoke of incorporated companies the party appears to be indebted in business or otherwise ; but under tne pro- visions ef the bill those holding suoa securities would bs compelled to pay the assessment imposed, whatever might be their investment or ocndition iu business. Itis pot very clear from ths languages of the DdilP wh ther it would not impose on all monied corperstioas liable to attemmect om their capital, the neoesity of paying again on such proportion of the siock as might be investec in bonds and wortgeges. Bat whatever may be the operation of the act in this respeot, {ts onerous silects on savings backs, iife insurance, snd muiua: mariage ia- furance companies, cannot be quesiioned. Tae deposits held by the former class of institutions are exempted fou taxation, and th of the Intter, principally iavest: ed in mortgager, greatly exceed the amount of capital for which they are le The New York ut Trurt Comipeny and other similar incorporations ho ding trust fonds x the order of court, aud thud invested, would be sub, to taxation om the amount, although sow exempted by law, » poration of New York itself, | ow paid into the sinking fund the proportion of taxes to which ths property was ubjected Kven mamerons charitable societies, cevoted like that of the New York Fira Depart- ment Fund to the noblest purposes, would fnd taeir re- venues most sensibly diminishes, from thi operation of the Jaw, tiace with commendable prudence tieir mesas from time to time bave been inverted in these securities. it is unueceseary in this comauuination to dicause the Apparent equity of the proposed amendment, bsoauee ita enactment would pe socompanied by disaivan'ages more than equivalent. Every man’s estate ts, in fact, legeily mortgaged to the extent of aia indebtedness, and mo rea- son can be given why mo:tgages should be dedacted more than apy other debt or actus! jadgment. The equity ever extended to the morigacer is denied to the martgsges, for, whils the former is at iiberty to de- Cuct obligations when in the form of mortgages, the latter in Cenied the privilege of seitiog of his inded against the taxes impored on the ec me: dered real al hough he may owe in v. rious forme ¢ of his loan. From these consideration submitted that disastrous cons mesa would resadt from the passage of the Jaw throushout the State, bab especially ip this city. By diverticg both foreign and ital from investment in mortgages, it would © borrower, and by atriking from the asaa:s- ment an importsat element of personal property, sert- curly enbarce the taxation on what remaine i. The bill, the principles and effects of which we have covsiderec, {8 now in posseasion of thy Uommittes on “Towns and Villages,” baving been teansferre’ from tus Judiciary Committee of the Assembly. Jn conclusion, wa take the opportunty to remind you that bill nas been introduced ta the Leyislaturd reade-e dering the etock of incorforated compaaies taxeble im the bangs of the stockholler#, wherever they muy resi¢e, Since $69,000,(00 ts now inverted in the capital of institu. tions ested in this city, of which sore tha one half is probaby owned in other counties, States and coan the terult would be, that some $50,000 090 would Jeared from ansersment in this county, contributing ma+ tevially t angment the rate of taxation Buel legislation certainly violate: the recojnized prin- ciple that property shonld be taxed where it is protested, and where every facility for profitable basiarea bis deen concentrated by the enterprise and heavy outlays of (ne citizens. J. W. ALLEN, ) GEO. H. PURSER, > WM. J. PECK. 'f An act to amend title recond of chypter thirteen of the first part of the Revised Statutes, entivied of the As- terement and Ocllection, of Taxes: — The people of the Siate of New Yo k, represented in Sepate and Arsembly, Co enact as foliows:— ‘The firteenth rection of title two of chapter thirteen of the first part of the fourth esition of the Revised deatater iho State of New York,is hereby ascen ‘ed, by adding th lowing words at the end of eaid rection:--‘'Aud the asseaaors abeli, @\ the time of makiog their easewsn eat upoa real encumbered by any mortgage or mortgages, enter the amount of any mcrtgege or mortgages alleged by the owner or occupan's to exist on sala property, and the name or names of the pezson or persous holding or ownt seid mortgages, in a feparate column in the asaei oot roll, aad ¥ shall bs transferred to the rol ireued tothe otors of taxes, Une maid collectors shall give to the owners or occupants of such real otate paying the taxes levied thereon « receipt upoa suc! ent, conteiving a transcript of thO er tire en'ty upou the tex rell relative to eaid r tate, which receipt, if pra» sented at the time of makicg any payraen’, for late. est or cn account of principal upon any such rortgege, shell entitie the owker cr occupant of said res! asteie to be ale jowed ia payment on such vacrtgage » pro-rate propor: fon of faid taxes as eaid mortzage or mortgages chal bear to the aesesacd valoe of salu mortgaged promi end all sush me rtgagys shall bo exempt from ssaesat or texation in guy other manner’—so that the seetion, ae amended, shail read as fo low o— Seo. 15. A)l resi and pervonal estate liable to taration shall be ertimated and saseseed by the aaeeasors wt tte full and tiue value, as they would appraise the seme ia paywent of w just debt, due from a solrent Codtor, and ‘Ube arseescre eball at the time of makiog their assess ment upon all real aetate encumbered by any mortgs; or moteages, enter the amount of avy mortgaze or mor’ et ges aliedged by tk aid property, and the @ or names of the persons jing or owning raid mortgages in a separate colamn ia the as- troll, and that the same shall be transferred to roll iseurd to the collector of taxes, ana the raid collectors aball give the ewnera or occupants of such real ertate, pe the taxes levied trereon, a reselpt upom such payment, containing « transcript of the entire entry upon the tax roll, relative'to said real estate, whieh re~ ooipt if presented, at the time of makieg an; interest, on agcount of principal upon ai ‘gtge, ebell entitle the owner or occu; estate to be allowed payment on * pro rata proportion of said taxes, as eid mortgege or wort geges shali shail bear to the assessed valu sald mortgaged premises, and all euch mortgages al exempt from assessment or taxatoa ln soy other manner, ‘All acts or parts of acts inconsistent with this act, are hereby rej 5 This ast rail take effect immediately, Referred to a special committae, composed of Mesers, Ckaurey, Lord, Woodward and Ely. MRCIIER'S OF FIOM. The preamble and resolution conserning @ reform in the Registers effice, by Lede g | printing preases, &o., at a cost of $1,200, anc & petition for further accommodation therein, were referred. Adjourned te Thursday next. o re Tax Osmmissioners. woer OF Octupaant toexist on The Opening of Albany Street, through Trinity Chureh Yard. The Committte on Streets, of the Common Council ANermen Drake, Beat bon yo A eae Street Com: rs office, to hear objec! ing Albeny street, through Trinity Chareh yard. There were present more than could crowd in rooms pro- poe | Lo the hearing, which would hold about one Lid 5 Judge Emer saked for an adjournment of the Oo tee to — Fataee, Oe ae ter oppor! for reparation m'; aff de Me “ Col Bacar ad no objection tom jponement. A portion of the Committee were im favor of goleg oa at once. A pe'ifion was im the sion of the Ky Merete, Jobo Livi fon, Robt. a signed >; Ake. 7 Weoasid, Anthony J. joker, wea lanl Young, asking of bn beens bone! & atey of nip the matter of opening y atrest, 5 ir, Eowarn SANprORD was oppored to postponing thie question. He thought that nove of the reasins ad- vanced for postponemen) were good ones, and ought not to bave any we'ght with the committee. Mr, Fonrey seid he cid not come there to trifle with the Committee, bet be asmured them the side for which he appeared had etromg grousda upon whice to base thelr eppesition to opening thir street, aot wanted time to pare te prearice before the Committes, sr, eG Manis we) EO)