The New York Herald Newspaper, March 1, 1854, Page 6

——————————— Superior Court—Bpeeial Term. r Before Hoa. Judge Heffman. ‘MBP ANTE AND BIGHTH AVENUE RAILROAD CASB— HMPORTANT ARGUMENT. : Fas. 21.—Thomas Hope and the Siaih ard Bighth Railroad ica —On fhe court om motion to amend s former complsint his action. The com the direction of Ambrose 1. Wim, apd on bis advice that would entitle the plaintiffs to since the commencement of fa | ir t was prepared wade jor have not authority, von yey use the streets and avenues named sald resolutions for ihe pt laying rails or @ railroad and rucuing ms thereon. It that the rails of the said companies so laid streets, and the running of the said companics : 1 Ht a constant and eontinui injury to the ‘and busivess of the plaintiffs, aad to tne property business of other persons owning property and doing the said streets and avenues. It also ap- a temporary iojuuction had been obtatced | Duer— that the Sixtn Avenae Reilroad Com- peared, and had put in an auswer deaying | mae parties to the sult, The Eighth Avenue y had also appeared, but had put in no je argument beiore Judge Duer, the ques | Mon was raised whether they were before Lue court or | He decided that it would de better ‘o go om with | the Kighth Avenue Railroad Compsay, with leave to plaiotiifs to amend so as to bring in the Sixth, It was perfectly understood that plaintiffs should have ie: | ‘amend, Since then the case has been adjourned frem | tance of the defendants, and 1 the presemt motion to amead | % SPeir anewer they wei counsel for the plaintiffs, briefly drow the attenticn of the court to the amendments sought In | the first place he proposed to add the ttle of the Sixth | Avenue Railroad Company to meet an objection that there was o defect of parties. Tris amendment could not be ob- gee ome defendant against another. If the posl- taken by was correct, the matter must | Be dis ing, but not at present. He | ‘took it for granted that this amendment would be allowed | asa matter of course, for it cid not ailect the other de- | ta; and if it was not proper to summon thess parties ‘fo the suit, the complaint, as far as they wore or acerned, ould be diemirsed. The second amendment sets out aa averment in whom the title of the land was vested. The plaintiffs alleged in thelr origisal compinint how the title toed in respect to College place, and averred that Hope was the owser of all the said lots, &s. This 5 4 A PF E & & 2 i & = 3 [ < averment was consistent with that - proprieta- yy right, of which Hope claims to be in pos- | session. ‘The object now i to plese before the court the sion of the Superior Court im the case of Stuyve- | want anc the Second Avenue Rsiroad Company. Stuyve- | gant commerced an action and obteiued an injunction, | red om the ground that the title’to these | ted im the corporation as « trust, aod that it wae an sbuse of that trast to graut them for the oon. | wtroction of a railyay. Thessme question ‘aised Bere, and it is submitted that the amend: Ble and proper. The next amendment is af the state! that the pisintiffs are tax payers, and ‘Mat they sre {pjsred by this breach of trast; and the Jast amendment isin the prayer for) ndgment that the ‘Dounci! had not the right to use those streets for the pur- poses aforesaid, or to grant them to corporations for the sonstruction of exch roada, The plaintiffs, in olsimiag Their right to make these amendments, do wot change the charsc'ar of the oase, and | are within the lotter and the epiritof the Code (chap. 8, p. 178) anthorixing the same to be made,. With | spect to the laying down of these tracks the matter ia | vas judicaia, for #t standa recorded that the sorporation had mo Tight to make the grant, [t was for the opposite aide | ‘to show whether there was no difference between this ose and the oce alreacy deeiced. The Eighth Avenue Rail. | road Uompany had never clothed thernelves with corpor: ate powers. They were mere s:sociates, A’ ® corpora. ixth Avenue Railroad Company beosme toe of the grant made to Libby asd o and if 98 was not valid as to Libby it was not valid as vo them. ‘Mr. Willard, r the Eighth Aveous Rail- | ead Company, contended that the complaint as mended was entirely changed from the origiaal | gee. It was moved for after the time allowed by law, aad, therefore, it was in the discretion of tae court wheth Highth Av The whole of Bempany to construct cighiy fect o: track opposite | C Hope's premises. Is there, t any similarity etween hit anc shat whick in pow sought tn the sented com aint, viz; to prevent a breach of trust on the part of Council. It was rot the office of aa amendment to make such a change— ita character should aiways remain ‘the same. The court will note the injustice, In the ori- gins] cow piaint, the only ground of soatest was whether, wader the resolations of the Common Council, the compsny Dad the right te make the double traek in Collegetplass— ‘Mhe validity of the grant was not called in qaestioa. By oming forward and denying that there was any inteatioa to compiste the track the par represynted were entitled to the dismissal of the tajanstion [a orler i» ve the action, either the complaint cr the prayer mast remain ident Bat bere the pirintitls bave not poly alter: ¢ the whole substratum of ths somplaint, bat, fm addition, have altered the prayer for jadement, The of the prayer aivars the whole oops of the sotion; s nqw remedy is asked. We were prepare’ fo deny that the completion of the track was ever in Ought parties now to be allowed to ahift their ground? It would be an sbuse of priviiegs, and sontrary to the act of the Legislature. The former was to prevent s common nuisance; ow filed ashe for the abatement of what is alleged be an existing ground of nuissooe, Bt fs an action to abate « nutennse converted into a com itfora breach of trust Finding that the subject matter cannot be heli s nuisance, ths party tarns round fad asks leave to amend his bill #0 as to maxe it one fer ®@ bresch of trust. Can parties be parmitted to bolater Id cases i this manver? By these amandasnte complaint was altered, and the prayer for judgment was altered; and if neither can bo looked to for tne aa ‘ture of an action, where fs { to be founc? If thia be per. mitted, what may wot be dons under the color of an amendment? Mr, Anthon, couneel for the Sixth Avenue Raltroad Company, protesied against the doctrine of changing the eharacter of a cree. Counsel on the other side cxlle upon the court to hold oortain opinions as rez judicaid eeanse Judge A or B happened to ia that way on a former ce! itting here is bound by no decialons except thoes High Court of Appeals. When tte origiaal oom pPinint was filed in this cane it was intelligibld, pecanse it averred that the plaintiffs’ individual property was ia Jared, and ought relief entirely on that head, It weat ‘om to pray that the compary be es joined from doing that . The court should audoudtedly bs liberal ia permitting amendotcte, bai only such amendrien’s Should be permitted as ost forth morg sieerly the piain tiffs’ right to what properly beloags to him. Bat how diferent in it here. Tne plaintiffs come forward as pablic champions as well as private champioos, wich @ prayer Im tah capacity. Out suppose we pass this over, thers are other parties who must be re Foe to appear if tue amendment {« granted. Tho ttormey General and the Sixth Aveous Railroad gorporaiion must be brought in. The proper coarse abould be that the original action of the plaintiffs should be Olamisced and another commenced de now [a the ica] complaint they mention parties by name, ani aty'e them In copartoership under the same of the Sixth Avenne Railway Company. Now they wish to bring ia Whe Sixth Avenue Retlway Company as a corporation, | but yet retain the names. They aak to net forth | Ferolations in exenso when an averment is relief of the When the action w: = y Jvdge D 1d mot inew vomething must bo done with ths! ‘can Mke s cause on trial, and the party moves, dariag the game, to alter the whole complexion of the ones, It st’ be perfectly clear to all that the amsadmont oan. silowed. Mr. Sandford in reply raid that the parties represented Dy the counsel on the other side who spoke last were 00 im © porition to question the plaiatils’ rignt to ameod a they disclaimed any iaterest in the action Their aols amewer is that they have assigned to the Sixth Avoous Bry, None here have a right to object to our bringing other perties; these are matters for usaad for the It is mot necessary to make the Attorney General ot Ere ged dy the decison of Judge Herria, it was held that be was not » uecessary party in a similar casa, ‘On the ground of former decisions the plaintiffs ara en Railroad oc the ¥ can ask i i to their amendment mating the Sixth Avenue rporation a party. As to tae necessity of jom @ party these oan be no objection. ‘The argament of counsel cn the other aide proceeds from pire gy eps of the facta of the ous. Tony neins Ty Agiet 4 ef Sf : F25 i H iH 1M i i = eet Es3 i I tt zt ES E # | i F ft | the’ plsiatitls ‘were informed and a8 the same are now rau by them, area | | mitted to the laying down a them in FINANCIAL AND COMMERCIAL+ MONEY MARKAT. ‘THUEsDAy, Feb. 28=6 P. M. After » few days quiet and comparative inactivity, the stock market opened buoyant, with a spirited demand | for most of the leading fancies. The bulls made their appearance in great force, and purchased extensively. At the first board Cumberland Coal advanced % per cent; Gold Hill, %; Crystal Palace, {; lllino!s Central Rail- road, 4; Potomac Copper, <; New York Central Railroad, | 24; Micbigam Central Raflrond, 4; Michigan Southern Construction Raitroad, 4. Iinots Bonds declined % per cent; do. do. Privilege, 3; Canton Company, \; Harlem, X%; Reading Railroad, 3. Ratlrosd bonds were freely | offered, and as freely taken, at prices previously current, | A few lots of secoad and third rate bank stocks were seld | at the first board, Erle Railroad stock has been more ia demand than any other, all through the recent excite- ment, and it has been well sustained. The mining atocks sold atthe regular board commaad fall prices. They are generally first class stocks, such as have intrinsic value and great prospective prodactivencss, ail- road stocks are steadily improving, snd continue firm at the advance. We allude to those which are of a fixed dividend paying chracter, located principally in the Western States. Michigan South- ern Constractlon Stock has a¢vanced from par to six and three quarters per cent premium within the past two weeks, and it {a selling now at fourteen per cent below the market value of the Michigan Southern stock. This is too great a difference, considering the relative position cf the stocks. The regular stock draws dividends for the cet earnings, and the Oonstruction stock claims eight percent from the same source, It isa question if the Copatruction stock is not entitled to its eight per cent dividend, even to the entire exclusion, if necessary, of the old stcck, or toths reduction of ita per cant divi- dend, The compavy agree to pay eight per cont on the Construction sock, and it does not agree to pay anything on the old stock. In the event of any disaster that ehould carry of the met earnings to such an extent as to leave but sufficient to pay the interest on debt, and dividend on Construction stook, the old stock would have togive way. This is a contingency that we trust ever will ocour, and we only allade to it for the purpose of showing that the market valas of the Constraction stock should not be > much below that of the full stook. The receipts at the office of the Assistant Treasurer of the United States for the port ef New York, this day, February 28, amounted to $160,832 16; the paymenta were $76,181 28—leavirg » balance on hand of $7,170,983 02. The amount of gold received from California during the month of February, was $2,208,628. ‘The Mechanica’ Bank of Brooblyn, has declared « divi- cend of four per cent, og There will be sold at auction, at the Merchants’ Ex- cbange, to-morrow, Thursday, at 12 o’cleck, $50,000 of the bonds of the Parker Vein Steamship Company, well secured by trast mortg»ses, cade to Shepherd Knapp and Jas, 0, Stacy, Esqrs., on the ten steam propellers of the oom par bonds bear iat tat the rate of 7 per cent ps m, payable semi-ennually, At the same time will | sold $10,000 Caicago and Mississippi Railroad second © ortgage 7 per cent convertible bonds, together with a variety of other bonds aud stooke well worthy the attention of parties having money to invest. ‘The following is a statement of the leading departments of the banks of Georgia :— Banks or GrorGia 1853, Dise. Banks. Specie. Circ'n. De; ta. Atlanta... + $089,745 $116,798 $530,903 898 Augusta Insurance... 317,682 23 027 , 560 6874 Bonk of Avgusta.... 511,944 61,762 723,389 = 150 287 ‘isnk of Branswick,. 594,644 ‘97,524 1329 45,525 nah, cory 18 360, O77 354 iT 238 13) 255 Ou 4 bare fe » Protest, Ao, ich considered goo! Doubttul. Bat.... $359,746 The Orient Mataal Insuranse Company of this city, will commence taking marine and inland vavigation riska on the lst of Merch, Ite assets amount to five hundred thou eand dollars. ©. W. Faber is the Preaident, Alired Ogdea Vice President, and Charles Irving Secretary. A bill of the following tener is now pending in the New Jersey Legislature It is said to ba favored by the frieate of special bank charters, aa understood in contradistine- tion to free banking:— 1, Thatevery bank hereinafter ino »rporated, or whows ebarter is extended, shall be eubjscted to the provisions af this act. (This section was postponed while an attend ment was uncer consideration, providing that the biil sbould apply to the banks chartered since 1846, or whose charters ae extended ) 2. Arseta of s bark which fails to be liable for isanes. (This eection first provided that jadgment aud “mortgage creditors should be preferred, but thie was stricken o2t, and bili holdeis preferred above sil other:.) 8. The President and ernie be Ropes This section was post: for the purpose codasia Se amendment that Ears who hat been directors fore certein pen before rhould be Hable, lest when they saw the danger Layne, ged Should withdray anc leave irresponsible men in their places.) 4. Thar after sassts are exhausted and directors held resporsible, the stookholdery shall be held lisble for amount of indtvidvel stock. (This section wat at asd so that bill holders shonld not be obliged to wait tit! after thece contingencies bot rm! ne utockholders {a sie montha after the beck ehould fail ) 5. Stoakholders to h: aright of satiog for ooatribu- tion against all other stockholders, 6. Spectties the foret of sotion uader the law. 7 Banks uncer thie jaw may issas to coudle the amount of thetr capital. (This section waa amended, prohibiting them from iaruirg more than their capital.) 8, A President or cashier issuing more than the above, to be fined #1 0C0, or imprizoned three years, 9. Bauks to make quarterly statements to the Troasarer. (This rection was postponed, for the parposs of requiring monthly statements, and their publication.) Tt is still intended, if possfbie, to obtain the passage of nome or all ofthe bank charters, through the channel to be opened by this bill, The bill itself, as a method of regulating the incorporated banks, is commsndable; but those who have led in the warfare against the special banks, declare that, even if it passes, the bank cherters shall nevertheless be unobtainable, The Toledo Blade saye:—'We were shown Wodnesiay | sone dollar bank note of the Erie aad Kalamazoo Rail read Bank altered toa five. The ‘ons’ was entirely ox. tracted by chemical procers, and the ‘five’ inserted. They are eusily detected. Tho vignette of the ones is a ship, steamboat and wharf, while the vignette of the fives ir tne bead of the President of the Benk in the centre of the wn? “the report of the Southwestern Ratlroad Company for the six memths ending February 1, 1854, ocmpared with that for the corresponding six months the previous year, exhibits the following remulte:— Raivnoap, Georou, muary inclustvs, °53 4: Mail $80,267 77 41,166 49 ———S 191,424 6 From Acgust to Jsouary inclusive, 62 63:— Freight and U 1 $00, Mail 768 £8 Gri xs earnings, six months, 1853 54 Deduct expemses of working road. Deduet int paid on eee rey 1,885 00 Deduct annuity te city of Macon...” 1,280 00 —————— $54 190 84 Dividends declared Fed. 9, (84 per share)..., Nothing con'd bear higher testimony to the admirable management of the Syathwestera road taan the foregoing exhibit. A semi ax mual dividend of four per with a surplus of net its nearly equal in amount to oom Gistribated among the stookholiers! It is believed that the read will be in operetion to Amerious early next fail, pF a el someon crop Cathe ones weaty-five miles to ita length large addition to iv business. shi dd Stock Hxe! Tomar, Feb, 28, 1864. 150 sha CambO; Ooed 314 100 40 ees Surplus progts,.....sseees os 03 62 68 99 4000 NYANH Baa’66 2000 do... ..b3 1000 Hud Con Bie 08 89 £000 Fem’a Bde lat Ie 100 £000 Cee RRB4-d3 BAY 200 a i apse Oo, SBOON! $3000 Hod RAAMBis 99 16 she Hanover B’k. 94: 60 De) & Hud Can Co 112 88 27: 200 N Oreek Coal Co.. 2% 100 80% | 600 Gold Hill Mine... 8% 160 805% | 50 do...... 3% 100 80% 600 Park Vn (10023 734 100 80% {50 Cumb *oalCo.e80 81 100 8055 160 do.......68 31 28 Rome Wat’waRR 100 200Flor&KtJtSk. 4 63 Mich Central RR, 101% 100 do .....b80 43 200 Hudson Riy RR.. 7034 100 WoCui’h Gold.b45 8 16 Orystal Palace .. »40 100 do.......06 7035 100 N Y Central RR. 1114 100 Harlem RR. 3 56K Mines and Mining, Tomar, Feb. 28-6 P.M ‘The beard was moderately active this morning, ani prices were firm. Potomac improved nearly }¢; there were salen st the board and im the street at 414. Gold Hill {a fully maintained; there were large sales at the ntock éxebange at 8% 837%; The decline at the second board will probably be recovered to-morrow. The recent | advance in Parker Vein seems to bave been lost; it is fast | tettlingdown to 7% and 7X. Ulater, North Osrolina, and | Lebigh are steady at Jast quotations, Rutherford prospeata | are impzovirg: the superiatendent writes thatont ofa large | quantity of ore crushed, the amount of amalgam obtained | excesced an average of 12 dwt. to the bushel. The fol- lowing were the bids at the mining board:—For Oumber. land, 80%; for Parker Vein, 7%; for Phenix Coal, 8; for New Creek, 2%; for Potomac, Mee} 136; for Hiwasees, 6; | for Minnesota, 165; for Norwich, 10; for Toltee, 111; for Windsor, 4; fcr Fulton, 134; for Webster, 2; 44; for Isle Royale, 20; for Rockland, 11; for 45; for MeCnlloeh, 734; for Conrad Hill, 700, ‘be following’ comparative table of the prices today and those one month eg2, bet Ald progress of miciog eg Ught:— BOARD. 500 shs UlstLead..b60 15¢ 100 Olé Potomac 4 60 do hi . 4% 136 +200 North 4 CirY TRADE REPORT. Tumspar, Feb. 28-6 P. M: some wine quiet at $6%{ for pearls, and $6 for pots Peo amapstcrme,. —Flour was in better demand, but cheaper. ‘The day’s transactions amounted to 8.600 bbls —common to good Ohio and o: to choice State at $80 $3 25, | ineluding some inferior State at $7 8734; mixed to fansy | ‘Weatern at $8 063, a $8 £134, acd other brands at pro- | portisnate rates per bbl. Canadian was imactive at $335 | per bbl. The rales of Southern embraced 1,800 bbls. at $8 06%, a $8 873, fcr mized to straight; $8 373, 0 $8 56% | for favorite; and $8 82 9 $9 26 for fancy per bbl. There were likewise sold 100 bbis. fine Py flour at $5 8734, and 160 bbls. Jersey corn meal at $4 per bbl. Wheat was Driker, but pot desrer. The day operations consiate: of 12,000 bushels prime Genesee white at $2, 8 000 good Ronthern co. at $1 96, 2.600 Long Icland red at $1 85, und 400 Southern do. at $1 70. Some 1,500 bushels rye were rok frem the ‘oad depot at $117 a Sl 17%. State and Western oats were deprensed and quiet at Slo, » Sto, yer bushel Corn was in moderate request at lower rates. The cay’s boriners comprised 96,000 bushels, at £63, a 880. for Jersey yell. 880. a 90c. for mixed Southern and Western, 890.0 900 for Jersey white and Southern yel 939 for Southern white psr bushel. Jes of 960 baza Rio were raade (by suction,) , av@age 11 18-1000, per 1b, The stock on ‘oraced 89,000 bags Rio, and small quanii- ties of other binde, Coron = The day’s sales resch 3,830 bales, as follow: :— For export, 2,624; home use, 692; on speculation, 140; an4 to arrive, 873. Market firm, with aa upward tendency. Fauicuts.—To Liverpool, 8,060 bushels corn were en ged to fill gh a terms, and 6,000 do. wheat at fokca.; aco « bbls. flour at 4s. 6d., and 650 bales com: pressed cotton at 244; also 60 tieroen bacon at 47s. 6d. To London, 160 bales bacon at 60s; 60 tlersen at 50s. per ton; 10,060 Tha bone at 34; 76 tieroes beef at 85, 64, per tleros, and 100 bbls. at és. There was no change to notice in rates for Havre, which were at 950 for flour, and 24. for ga To California, rates ware at 6Co. « 660., but inac- ive. Faurt.—Sales were reported of 600 boxes wet dried bunch raisins, at $2 85 a $290; 2(0 boxes layer do , at pri- vate bargain; and 20 cases sardines, at 67346, «703. Bay.—River was in fair request, at 860. a 873¢9. for shipment, and 90¢. a 960. ‘or use, per 100 Ibs. ‘Hors —There were 22 bales last yoar’s growta disposed of, at 41s. @ 430, per Ib. jnow,—Sales of 160 tons Scotch pig were effected, at $39, six months, per ten. aoe --Enstorn were rather quiet, at $2 25 per thou send. Oita. — Whale acd sperm remsined inanimate and nomi- pal. Sales transpired of 200 baskets olive, at $3 75 8 $3 8134 each; ani 16,000 gallons linsesd, 1a lote, at 7c, a=! 780. per gailou. MINING % < AFFAIRS IN WASHINGTON, SPEECH OF GEN. CASS. Remarks of Messrs, Brodhead and Thompson. Report on Mike Walsh’s Right to a Seat in the House. Spirited Debate Relative to Railroad Lands. Curlous Diseussion om the Free Farm Bill, NEGROE3 RULED OUT. SINGLE MEN’S AND SINGLE WOMEN’S RIGHTS, | THE CONTEST FOR HOUSE PRINTER. | alarm during the troubles and contests whieh were termi- MOoLAssKs.—Some 400 bbls, New Orleans were obtained, | ‘at 80. 0290. per gallon. Navat Stonss —Gales were made of 400 bbls, mgiatts turpentive, at 70s., 60 Gaye credit, per galiom. rade turpentine, tar, and roria, were unaltered. Provisions.—Pork waa held higher; the sales comprises but 820 bbls. new, at $15 870 $15 EO for mess, and $15 26 @ $18 87 for prime per dbl. The transactions in out meats reached 127 packages pickled shoulders and hams, at Gio. a 6c, and 8s a Oe. per lb. Sales were mace of 260 paskages lird at 100, # 103¢¢., avd 400 kegs do lle. per 1> Bales of 400 bushels pect were prices, Ohio aad State batter waa more t 120. & 160. aud 16%. 9 200. per lo, Cheese roiled dali and story brown front house Adam streets, Brooklyn, $6.909; 8 si Jot on Diviston avenue, opposite Lee avenue, Brooklyn, { = ‘hat there is an important question comnested with $8,660; 3 tote on Forty-ffth street, New York, each | $1,850; 8 do, each $1,825; 1 do., $1,800; 4do. om Forty: | seventh street, exch ‘$1,000; 1 do., $1,000. By Adrian H. Muller & Oo —Houre and lot 143 Greens treet, $8 060; do, 145 do., $8,600; lot on north side Forty ninth strest, 300 feet wort Siath avence, $1,075. By Jame: Miller— 2 story frame house and lot No. 217 Mulberry street $3,900, 9 two story brick ootiages, Nos. 128 sad 1 Thirty Afth atreet, between Seooo1 acd Third aveauss, onsh $4 675 and $4,400; two story frame oa Unica avenue, Green Poin’, ‘$1, By Wa HA Fracklin & Sin- 8 lota corner of ‘roadway aad 110th street, 26x100, $670; 4 lots cn north 25x100, $685; 15 lots between Rromlway and Eleventh venus, 109h ond 110th streeta, 262100, $600 each; 3 lota on Fit; «seventh street, 262106, $1,175 onoh; 3 do. on Fifty-sewnth and 8 on Fifty-sixth s reet, 25x105, $21,010 each: 8 Co, 326 feet from Firth ow ig eo wice of Fifty eighth street, 256x100, $730; 2 corner mne sod 116th atreet, 954100, $450 per lot; 2 ¢o. atreet, north of First avenue, 25x100, $476 per lot; 3 do. corner of Eight avenae and Seventy-siach street, 252100, $1,600 each; 1 do. corner Six'y atroet hth avenus. 25x100, $2,250; 1 do. between Seventh avenue and seventh and Forty-cigts ef $4,200; 1 do. corner ty Seoond streets, 42.900 per lott 8 Gh. wad Gwellic gs of Fiftioth street, east of retirond, lots ‘256x105, $1,800 per lot; 2 do. on Twenty ninth west of Broadway, 28208 0, $4,895 per lot By E. H. Ladlow— Lot No. ‘Thirteenth street, near avenue A, $6 ). Rica.—There have been 260 tierors wold, at $4250 $4873 per 100 Ibe. Svaaes.—The day’s transactions were confined to 160 fs. nn Orleans, 340, 4S cora, ive statement ‘this market, Februsry 25 :~ 1864, Increase, a ie = 801 > 872 1” 68 — 7,815 310 ~— 9.881 * — 6931 1,198 11,759 = an aapadlished price statement of the stock of Spanish tobaces Foo. 28th: ia of 110ta street, | 6} 0 ; and 400 Uubs, at | reperty, 5 | them, 966 Fourth street, with build $2.00; lot on | claims any Demoeratic Caucus fothing Certain, SENATORS IN TROUBLE ABOUT THE HERALD. Contemplated Inquiry Relative to the Ex- elusive Publication of Treaties, Bo, de, &o. The Speech of General Cass, Ontog to the importance of the subject, we deem it re- quisite te place upon record @ {ull report of the elaborate speech delivered by General Cass in the Unitei States Senate leat Monday. Though lengthy, we have no donbt the remarks of the venerable Senator will be read with attention by every person desirous of fally understand ing the question, General Osse spoke as follows:— Mr, Pampart—But four brief years are passing awsy brief im the life of a mation—since thie hall resounded with angry agitating discussions upon the very topics that now disturb and divide us, and since every breeze that spread out to the heavens the flag that waves over ‘us—our fathers’ flag, and, blessed be God, yet our own— _ brought us from crowded city and from lonely cabin, from hill; valley and prairie, from ocean and lake, the echoes of anxiety and alarm passing over the couatry. and which announced that a great people had reached a qxisis in their destiny, which, for weal or for woe, might mark thei: history during the long ages to come, Well, all this passed away, by the mercy of Providence rather than by the wisiom of man, and a besatifal tribute was furnished to the inestimable valae of free institutions— for there is not another government under heaven which could have entered into such a trial and come out of it unscathed, Peace and prosperity and good feeling were restored, an@ we looked forward to long years of tran-- quillity. ‘The events sow upon us are another illustration of the vanity of human expectations. But yesterday the whole hemisphere was without a cloud, even in the distant hori- fen, To-day the signs of an approaching tempest are audible and visible, and the only question which can ever put to hasard our Union ard safety, presents itself for solution. (With the bonorable Senater from Massachuse'ts, (Mr. Everett,) I frankly avow that I was filled with donb! and nated by the compromise measures of 1850, and he who was unmoved had more apathy or less apprehension than Thad, Bat though the ominous cry of ‘‘Woe, woe te Jerusalem!’ is once more heard, I do not believe the country ia in any davger=not the least; but still I do not deny that these frequent, almost renewals and revivals of this periodical, threatemiog subject, must necessarily end rxoltement : to ant Gb coo one section of the coun- against apother, aad thus to weakesa those ties of confidence and affection #0 essential to the permaneces and Sanaslitsy of this mighty confederacy. Events con nected with cur territorial aggrancisement reemsd, as their necesrary conseq uence, to lead to the former sgita but the present one his burst w us without "g, ond, as I think, from causes w! might have been avoided. Thave not withheld the Re ire of regret elsewhere, nor shall I withhold it here, that this qaestion of the re peal of the Missouri compromise, which puted points connected sith the su’ ‘es ioaal action upon slavery in the territory of the United States, has bees brought before us. I do not believe that the practical advantages to result from the measare will outweigh the injury which the ill feelieg fated to eccom- pany the discussion of this subject through the country "" dnd T'was confirmed in. this impression. by what was con! t mid by the Senator from Tennessee, (Mr. chibi by the Senator from Kentucky. (Mr. Dixon,) aad by Seastor from North Carolipa, (Mr. Badger), and also by the re marks which fell from the Senator from Virginia, (Me. Hopter,) aed in whioh I fally concur, that the South qill never derive any benefit from this measure, so far as re spect the «extension of navery, for ineate as we may, no human power can ever it fined by there bills. char And such were the sentiments of two eminent patriots, to whose exertions we ars greatly indebted ‘or the satis. factory termination of the difficulties of 1850, and who have since passed from their Jabors—we may hambly hopo to thelr rewards, ‘‘It is excluded byla law,’’ to borrow the words of one of them, in whion the other fully acquiesced, “wo perior to that which admits it eleewhere. Tus law of natare, of physical gecgraphy—the law of the formation of the earth. That jaw settles forsver, with rengta beyond all terms of human smactment, that slavery caa- not exist there.” Thus believing, I should have been better content had the wh subject been Inft ae it was in ths bills wh first introdreec by the Senator frem Iilinois, without provision regarcicg the Missoul compromise I aware it was reported that liotended to propose the re- peal of that measure. Buatit was an error. My inten tons were wholly misanderstood. I had no design wat- ever to take ench s step, and thas resuscitate from its quietede a ceed of conciliation which had done i's work, amd done it well, acd which was hallowed by patriotism, by success, and by its association with grea: es NOW transierred to history. Is belonged to # past generation, and inthe midst of » political tempest which appatl* the wisest and the firmest in the land it ha said to the Yaverof agitation, “Peace, be still,” and they became still. It would bave been better, in my opinion, mot to disturb | its slumber, as all useful and practical objec's could have ‘Deon attained withont it, But the question is here with: cut my agency, and I am csiled upon to take my part in ita adjustment, and I shall do eo frantly and fearlessly, Mr. Psesident—Ia the report made oy the Commities on the Territories on the introduction of there bills, it is bjeot, about which opinions have been muon divid- 4 which the committes did not think it expedient to E that is, whether the ctizens of the reve ral States haves right, under the ccnstitution, ts intro. dace into say Territory, and optrty belonging to them, whether h prohibited by the !eoal inw. question, and I “o not see how ita consider Svotded, connecting itrelf, an it does, wita on gravest provisions to be found in these bills. W. wore Sret imtrod they cootainrd mereiy t, as it is called reoogeition [ oali it—ot the Tersitorial Legislatures over ail rightfal of legislation compatible with thy cons! tailea. Ueve this provision weak! have secured % those local as- sembiies jurinciction over this subject; but as that was denied, I desired @ more specific declaration, and {t is now introduces to the amendment by the Senator from Illinois (Mr. Douglas.) Fee dheondcent declares {a the Territories or in the Ntatea that the people, whether to be formed from them, are free to regalate their do mestic inatitntions in their own way, pabdjest only to tha sonstitation cf the United States, I am content wita the arrangement; though if any amendment is intro used to make the provision still clearer, I shall cheer- falty vote for it. Bat what is to be its effect upon thee new communi Hos, ls a legitimate subject of inquiry. If the oonstita tonal claim to whioa I bave already referred {s wel! found. ed, then neither ssional mor Territor'al action cam isterfere with it; end whatever power this clause may give to the local legislatures to abolish or establish slavery for their own citizens, it will give them none to | septa d slaver older from ome of the State: from in- ucing his slaves into these regions, and there holdii ¢ geeeral (aty of submission to the manic Jaws of @ country mo one denies. He, therefore, who ¢xmption from thelr obligaticns must esta Neh it, or he becomes expored to their penalties. Uader these clrcumntenses, I think the course of ‘he Senator from Virginia, (Mr. Kanter) and of the Semator fom one ¢& Brows,) was entirely corrsct in intro pon liscursing this topic, involving the g:ent questicn of the right of self government, Tahal fol. low thetr example. I oonsiter it due to my conatitasate and to myreilf, that ne doubts should rest apoa my fenti ments, and that [should xtate clearly the coustrustion | pat upon the effectof my rote, And I do eo with the Jee8 hesitation, a4 this js the Aret opportantty [ have bad trom the obloqny and reprosoh whish upon me in the South, with a jongh I had betrayed my couatry to redeom mysel not | ng ago were hea; litte moderation as the Terittories, though prohibited by the loeal laws, was sathoritatively advanced, aod deonme the rchjyst of pubic discusion here and elrewhers. With» view to eetablioh ta mature oni exteat, I rhsil rofer to deci tions then made = bodies, and by iment pub Ke men evjoying conSdence of their fellow c!*izons, And, first I weil introtuce the sathority of the Gessral Assombiy of Virgints fo 1847, whieh anantaourly deslered by resolation, ‘that ali territory that may pe acquire! by the arms sf the United Siatys, or yielded by traaty with any foreiga power, belongs to the roveral 4tates of this Us ‘a4 their joint aed common property, in whish exch amd ali beve equal rights,” and they farther de cleared “that the citizens State Dave a casei tational right to 6 to territory with their whatever ipticn.”” Resclatons cf sig! as loot cues and Can you, on ip! eq v w of our fail share ip ‘their benefits and oF Qe eae “Now I pat the question to the Senators of jon prepared to de? Are you prepared to oc te the constitation, aud im o7en should moropolize it, when it was wen by the joint efforts $= Speman wo ste equ! w \. Davis of Misaitsippl. said— Psy. meine that it is ine Deh at the South apy xd 3 vou portion fenameaee unre Sates hangar tr te i published from this di counci!s of his country, conddence and esteem of his countrymen, in which he peaks in rather repreachful terms—coatemptuous [ might say—or those who doubt the proposition that there {as certain constitutional motive power in alavery, by which it immediately spreads over any country, at least for a certain clags of persons, as roon as it is acquired pot aagee nage dies ed = the me law e ly existing re upon sudject,—by whic! Canada or Nova Scotis, were annexed to the United States to morrow, slaves might be introduced snd held there {ill prohibited by an article in their constitution, | to be formed preparatory to their admission into the Union. He calls them ao ‘‘sect,”’ and seems to make it a re- proach to stand ‘‘on the same platform’ with them. I think, sir, be will find the believers in this doctrive the true and orthodox church, whether judged by the parity of their constitutional creed or by the number of the faitbfol, and such are the manifest signs of the times. Awong these believers, to know! were the two | distin, men to whom Tbave cheat allt whote services in life and memory in death to their countrymen, and whose sentiments w! redeem from ‘the charge of heterodoxy those Gipated in the belief they professed. And among them are aleo equally, to my kaowledge, living mtateamea, honorable and ip’ it, who have occupied important stations and enjoy the confidence of their teliow-citizens, and whoe residence in slave States is, at any rate, a proof ef their disinterestedness. writer considers this ‘sect’? as having ‘arrayed of the territorial inhabitants as barriér of the joint owners of that territery—to become an ia- habitant of it.” For myself I don’t know of any one who claimed [sove- reigoty for the Territories, though I know of one at lest who cisimed for them the right of internal legislation, because no jurisdiction over them to that effect is given to preg by the constitution, and ae. hheve an inalienable right to enjoy that privilege, and the moment by power, that momeat ir right to exercise their own legislation. what is meant in the above paragraph ty Ca territorial inhabitants, ats slation. by the sovere’ barrier to Toceral the North, | T do not believe inereiitag human liberty to the earth | by a kind of abstract mystical attribute, even if.you call it sovereignty, which uncer ows government is a mere a+ sumption, the word itself not being found in the consti- tution, ner can any power be exercised by virtue of it. T never heard of such » barrier; but I have heard of one, and # much more legitimate and effectual ome, and that is, the want of constitutional power in Gongress to legislate upon the subject of slavery at all. fe, who deny the existence of any such autherity, deny it because the general pment iss government of limited pow- ers, with a right to exercise none which are not expressly granted, or not nece: to the execution of those that are. And we bave in for years allied upom those who maintain the contrary position, to point to the sec- tion, or paragraph, or clause, cr word. or letter of the constitution, which gives any such power to Congress, either expressly or by avy reasonable fmplication. It is ati et to be le. I will quote the opioions of one or two other gentlemen, and then quit this branch of the subject, Mr. Berrien said—‘‘Ycu cannot say {that the inhabl- tants of those States (ibe ncn slaveholding States,) shall have any exclusive privilege in the entry and occupation of th blic land re. The South asserts then ‘her right to participate territories woay be acquired sy the United States. She asserts her t to emigrate}:o them with her property of every des- Governor Means, in a mostage South Cerolivs, raid—‘'You know we have been deprived of every acre of that territory, which was won by our blood and treasure, robbed, &c , of the very graves of our lant countrymen.’’ bs: ie ‘It would be equally repugnant ~ & 4 be a pe Mr. Venable sat: the 1s of right and jas' the Rtisens cttbe United ibatea ‘even Pie mie I lives were periled in the war. should be excluded from cooupying the land that they bad woa with their worts. ¢ And , Mr. Venable gave as @ reason for the righ! ‘te teke slaves to the Territories, that these “‘are the pub. lic domain, acquired by the .expenditare of the commoa the valor of our people, without zofeconee geogri Gistinotions or rega: Mr. Woodward ssid—‘‘Are slavehol under the common constitution of the Union, entitled, with their buble lance, which eb the property of xe tthe public Jands, which are o Untied Stateat” He eoateaded thee eae, Ard I understood the Senator from ib pane ae Race ter,)and the Senator from Mississippi, (Mr. Biown,) to express their full concurrence in these views, in reviewing the opinious to which I have referred, it ‘will be seon thet the general proposition may stated:—that the Territory of the United Stat quired by the treasure wad exertions of the w try. every citizen hes « constitutional ad libitum, anc to take with him, aad to every of property recognized az such by the laws of the State he Jeaves, and there to hold it, whatever may pe the local law, until prevented by a constitutional provision of the new embracing such district of a It is;not pretended that a clause to this ¢! exists in | to the Legislature of | the constitution; but that the right ard the principle are tal ‘the necessary results of the equality of the enna. us first ree what are the words of that instrament om this general subject of the public property. Here they are:— ‘ The Congress shall have power to dispose of, and make ail needful rules and regalations res; ring, the territory or other proptrty of the United States. The late may be well grante’, that the pro; of ‘nited States belongs ultimately to the people, with- outy however, the dightest app towards the right of any individual to take poiwession of any ag of it, and appropriate it to his own uss, It belongs ‘the people iat political orgauization, as the final of tht it, But tts ad. in the legislation of wer and property of ministration is vested St the United States, that name which designates our politi- es] confederation among the Powers of the carth, not the States united, agreeably to the pregnant reading lately adopted; nor can the States separately, nor corpora- tiens, nor individnals, take possession of the publis ty, a such mete gto by law, ony more han *y caw take ponseer' property of any private citizen. It is held for the people, set pop Ratton Ba) for ei ont by the coustitution, No Sate can claim aga right ite distributive share cf the Cividual appro to himaelf portion of it unver ths pretext that ho is entitled to the quantity he chooses to seize, The ships of war of the United Stat end their forts, and arsenals, an! custom houser—the public cfloes, the executive mansion were all OF erected by ihe mesos of the whole people of the Union, and the hole people have an ¢qaal toteret in thets use and admisistration; but wo mace man would contend that he besa right to entar those works at plea- sure, and there to rewaim because they belong to the tion, and becaum every citizen, having a aiare severance, fa th take it and hold it in Je property, may take when he will, acd as he will. That all the eitizons of the United States he right, under the law, to remove to and pu y rt of the public domain open for sale, is a political jem which no man sequstnted with the prisciples of our goveroment will deny. But if he go there con- trery to the law he is « trespasser, unless indeed the law whicn probibits him is in vioistion of the constita: tion. We have already seen that to O ngress bas bee committed the power to : eee Were ¢ u public domain or territory; a power oaly by found legislative discretion, if not restrained by other provirions of the coostitution, No other is alleged to exist, exoept this new general detuction from the mature versioent. Congrese may * regulate and dispose of property at ite plesrars. [t may withhold from sale any or allof Wt; and it has at all times no withheld much of it, Every man who owters upon the public Isad without leval permission is « trerpassar, liable to be pun ished, sod ianumerable are the punishments whica have beon ixfileted for that offence. has indeed re laxed the rigor of the law, and settlements are often formed withont calling forth principle remsins the sright in opposition to P sereion of any portion of the pubdifte terri other property’? grers must first regulate the mode and the time. Gan that bocy make no discrimisation ta the admioistra‘ion of this trust, founded om any circumstances of pudlic interest or of private condition? Or is there an inexorable constitnticpal equality, which opens the public domain wall, at all times? No man has ever conteated for sve @ priveiple or rach & practice. raencement of the land system down to seesion of Congress granta have ‘am mon ag oe of it. ve been granted perecns within partioalar Gistricte, to others of # certain ge, and yet to vthers, ta po ig or Jens, Copencing on the families, acder masy other circ: ege of your stata against particular sections of the country, vor in violation of a jnst equality, but beoanse oxiled for by applicable elther to the case of individuals or te certain districts, making part of the padile landa, and requiring ® peculiar policy, What ia the proper limit of pon sions) discretion in this exceptional legisiation, by whieh provision mey be made for particular exigencies, it is not necersary to i»quire for any purpose I have in view; mor shail I stop to oxamice what oondit be: to the nale of the public Iand bat tbe pu ~ free labor encumber the grants wi Toreeres power bee ever been assumed or is joss ba Aa convictions are utterly of; exoluce slavery from the sure known as the Wilmot dencfit; but this is to ba dome im the mode polated | blio and, mor can-any in- | | } ant whatever of red is that of a land ition of @ vast ment anc dieposit thin primary and only constitutional mse of the term it with a hind eb! Organised governme! mer kiad of ‘territ ritories, sud ‘he power ” existe 2°? of it is ito the Union: It ism.wthe rai juized another in our bas coms by practice to indicate a political ‘ing Over a given of the eres thet Paes aa well in cotatall he States, pica. The questions fit pea ces metal poriticn’”’ as property, and are con! of Congress. Those the letter ecpcerns of civil are confided to the subject only to the control of the supervisory suthority of the genera! legislature, aa at de adjusted it must be asco! Hie domsin which is sought te joyed by a purchaser or op. lities] to be imi tios; for the wit ely diff rent. andof human ‘themselves i Obio as it is in Oregon. “1t does vot any q citizen of ove of those communi| beeper of them, befere their sdmission into the Union. as Louisiane, Florida, ‘Tennessee, Uated tates, sod whieh, 0! cour wi 0! “territory’’—we have thea whether juestion of political jariadiction; suthority to protect, and old, and dispose | hed the United States at the discretion of lor there as single provision of a subject which is- not every day a arises, wherever there is an sere maining, whether im a State or Terri! On the other hand, if the claimant seek to become ¢ course, ‘political Territorial Missouri, ‘to all the local laws whieh govern the It is cbvious, upom acy examinat that the constitutional claim the Serie ton coat ane select as whether or Neither the rt i i f “to, ada} to Yooatalary, establishe: ‘ constitution, and to i - £34 the the Ze ieek Sieg é 5 in either 0 Det be stony ss of the Congress 3 Public domain re tien — 13 k icta never owned by tht were not their lan ‘citaen or alls, bans right bmi to them, and there reeide, without being inhebiteata to tories. reosiver of @ land office ever aexs ~ beageereninige Nac ko ade a just domain to ali. for, as we bave whiob ts the object domain; and the public Jand, wherever it may ate pon it, It is mot, therefore, public domain, but the ri ed therefrom, which 1s the thereom avy pee of cent to the rig) be unequal without domain belongs equally to all, oecause end that, therefore, all have eqanl to settle upon it with sll their p: New Mexico come alike withie the both with ‘bat grea’ z= we | belepaet i Hy It cam o1 oat the laws of the tof mecha this right between | ritery, to show it by the terms, expressed strument. If ti 1s not these politioal it, ite obaract nt to wh poritiba there, i Ez 2 i