The New York Herald Newspaper, March 19, 1854, Page 3

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+ without prejudice to the proceedings previously had. ‘ ry eae were heard at the same time. The appeal | from the judgment involves the uestions, what is the nature of the resolution complained off-—was the Com- . it RAILROADS IN THE METROPOLIS. New York Superior Court. Before Oakley, Ch. J., Bosworth and Slosson, J. J. General, respondents, vs. layor, ren of the City of New and Commonal York, Jacob Sharp D. D. Field, for appellants. John Van Buren and Henry Hilton, for respondents. By the Court, Poswormt, J-—The appeal frm the jadg- ment is stated in the notice of to be from so muc! it as decidee— oral hat the resolution finally adopted by the Com- mon Council of the city of New York was not a law, but the grant of a franchise, which, from the time of its ac- ceptance, became a contract; ‘From 60 much i a Pog vec acne Council bad no power or authority to make such grant; ‘Third—From 40 much as deciles that the grant, for reasons manifest on its face, is ho void; Yourth—From so much as deci that the grantees named in the resolution be enjoined from constructing the railway authorized by it; and Fiftl ym so much as decides that the Mayor, AL dermen and Commonalty of the city of New York be en- joined from granting to any person the exclusive privi- iegeot constructing a railroad in Broadway. ere is also ® seyarate appeal from so much of the order of the 9th of November, 1853, as directed the com- laint to ve amended by ineeriing. therein the name of © Attorney General as a party plaintiff; and also from 0 much of that order as directs the amendment to be ly competent to pass it?—was it illegal pa erie in] "The resolution confers upon certain persons named in it the right to construct a rail- way with a double track through Broadway, and in or nedr the middle of the street, from South ferry to Fifty- ninth street, and to run passenger cars upon it, for their exclusive personal profit and emolument. It contains no provision authorizing the Common Council to rescind or re- peal it, and, so faras its language expresses the period of its duration, it may be perpetual. Leper pes “the conditions ‘and stipulations’? upon which the grant of permission and authority is made are kept and performed by the grantees, no power is reserved to repealit. The twelfth article stipulates that for ten years from the date of ing the railroad the association shall have a license for each car that may be run for $10 Gel annum. The right is conferred to construct a railroad, and ran as many cars upon it, both ways, and as frequently as the public convenience may require, on paying a fee of $10 anni per car, and privilege is granted of charg- ing each passenger five cents. No other persons can for hire during this term of time Broadway by this mode of conveyance. The thirteenth, fourteenth and fifteenth articles, by their terms, confer authority upon a majority in interest of | the associates to form themselves into a joint stock as- sociation, and vest in the association all tho rights and privileges granted, and ant the power of determining the mode of transferring the interest of any associate 0 new associates, and provide that it shall not be dis- solved by the death or act of any associate, and also that any pew associate who may be admitted according to the provisions ef the grant and such by-laws as the associates may ordain shall be deemed parties to the agreement by which the grant has been assented to and accepted. In short, so far as its terms speak, it confers all the rights and privileges of an act of incorporation by a statute of the Legislature of the State, except that of sueing and being sued by the ‘mame of ‘the association, and an exemption of the asso- ~ ciates from personal liability for debts of the ass tion. The fifteenth article has provided for the diffiew ties th: rights, liabilities, and exemptions of a quasi corporation created by the Common Council, and an actual incorpo- ration under a law of the State, by enacting that “said associates may at any time incorporate themselves under the general Railroad Act whenever two-thirds in interest of the associates shall Rg ba it.” If this provision con- fers the authority which its terms purport to grant, then the asspciates may be incorporated as well after the road is constructed as before itis commenced. The gen- eral Railroad Act does not authorise the creation of an incorporation to maintain and operate an unincor- porated railroad not constructed at the time that act took effect. (Laws of 1850, 211, rection 1.) If the authority conferred’ is valid, two-thirds in interest may effect an incorporation after the road has been constructed, no matter how small the nuinber of the helding that interest, and not- withstanding the others dissent. The whole number of associates on whom this authority is conferred is thirty. « Two-thirds of this number is twenty, and two-thirds interest may consist. of a smaller number of associa‘ ‘The act makes it indispensable that not less that twent; five perrons shall unite in forming a company; the whole member of associates may be less than this. If the au- thority conferred is valid, the associates may be incor- porated after the road is constructed, although it is not constructed in conformity with the positive requiremonts of the Railroad Act. That act prohibits the use, in the construcfion of any road by a company formed under it, of any iron rail of less the lineal yard—(sec. 27.) It authorizes the running of sht trains.as well as passenger trains—(secs. 36 and 38.) It requires every corporation formed under it to erect and maintain fences on the sides of their road, of ythe height and strength of a division fence required bey and to construct and maintain cattle guards at road crossings suitable and sufficient to prevent cattle and animals from getting on the railroads, and os that if any pqrson shall ride, lead, or drive an; ‘or other animal upon such road, and within su fences and guards, other than crosaings, without consent ef the corporation, he shall for every such offence forfeit 3 sum not exceeding ten dollars, and shall also pay all which shall be pra thereby to, the party . aggrieved.—(Id. pec. 44. are exempt ‘the act Ft ear ‘operation of this section. As cars cannot be ran the except by keeping their wheels in grooves of the rails, the resolution abrogates a sta- tate of the State relating specially and solely to this city. The 198th section of the act of April 9th, 1853, de- elares ‘That in all cases of persons mecting each other in any street or road in the city and county of New York, in carriages, wagons, carts, or sleighs, each person so meeting shall go to that side of the street or road on his right, 0 as to enable the carriages, wagons, carts, or aleighs so meeting to pass each other, under the penalty of five dollars for every offence; to be recovered by anaction SS with costs of suit, in any court havin; by any person suing for the same””— (2d KL. A24, * Geeary and seeting oscar going in the opposite direction, or cart, and m acar e opposi soc wove wholly ent oC lex way, o¢ toe sacs TAA a fat . fa not obliged to be turned out of the direction marked by its track, and from the nature of things that cannot be. If, instead of meeting a car, any other vehicle had been met at precisely the same spot, the person driving the latter must turn to that side of the street on his right, and every failure to do so would subject him to a ar of five dollars and the costs of a suit to recover ‘Agrant of the powers, privileges and immunities conferred by the resolution in question, is the grant of a franchise, and if the municipal ration of this city was incompetent to make the grant, the making of it was a usurpation of power which can lawfully be exer- clined by the Legniature o the State only. A franchise has been defined to be ‘“‘a ‘ilege or immunity of a ic nature which cannot ly be exercised without ve grant.?” To bea corporation is a franchise. The various powers conferred on corporations are franchises. Te econ - insurance A insurance company, issuing of a bank note by an ere, ated company, are the exercise of franchises. Without tive authority neither could law- . fully be done by a corporation; and were a bank to exe- eutes policy of insurance, or an insurance company to issue bank notes, such acts would be usurpation of franchises. (5 Wend. 217. The People vs. Trustees of Geneva College. 16 J. R. 887. The People vs. Utica Insurance Company.) The resolution, by its terms, as- sumes, and the defendants’ counsel , that the Com- mon Council had legislative eapacity to pass it, and the merits of the controversy, as the appeal presents them, = upon the question whether this assumption is founded. Neither of the elty charters, nor any statute of the State, confers ay, such powers in express terms. It isnot apparent that it is conferred by impli- cation as being to the exercise of any power ‘expressly grant been referred int of any express powers or the enactment of any ular duty which make it necessary to imply tho nce of such authority, in order to exercise or perform the other, (ride Selden, and 4th as to powers of Municipal tions.) If no ia conferred by the express of its char- ‘the express terms of a statute of the State, or implication, the assertion of such a right usurpation of a franchise. The right here is of @ public nature—it affects the pub- large. Here there is no remedy by action to reeover damages; no individaal ially aggrieved, but the are affected. The authority of the Le; defiance by a creature of its own creation. (5 Wend.. eens it be tual. If +h is the effect of nt, it ma: perpetual. If such is the effect o its ‘Smee tie valid by reason of tho capacity of the Common Council to make the grant, the acceptance of the grant, and the construction and maintenance of @ Failroad in such manner as will fully comply with all the sur i eS eh = conditions and provisions of the grant, will confer rights of y which cannot be divested’ by a repoal of the resolution by any subsequent Common Council, unless ‘upon some grounds or foy some cause other than a por- pose to put an end to the contract because it wills to do so. It was urged on behalf cf the defendants, that the in particular | yublic at large | waiature is put at | might result from these differences between the | inert in every act of inearppention areservation of the power to repeal or modify it, to enable any subsequent repealing statute to have the effect to divest any rights to property which had been acquired and vested under it It is laid down as an elementary principle, that as neither a State nor the general government can transcend the powers conferred upon them by their constitution, 80 a corporntion acting Py the grant of either must of course be bound by the supreme law, which limits even the power that created it a corporation. Neither a State nur the general government can [omy legislative powers larger than they possess themselves. Hence, however un- limited in this particular may be the terms of its charter, all by-laws of a corporation contrary to the constitutional law of the land, must be void. For thisreason,a by-law ‘‘im- pairing the obligation of contracts, or taking private pro- perty for public use without just compensation is void.’, ‘Aug. and Ames on Con. 182, sec. 3.) Several cases were re fed upon by the defence as deciding the principle that the Common Council might at any time annul the grant; that such an ordinance would diyest all rights acquire under it, and would not be a breach of the contract, and though a legislative act, would not be one impairing the obligation of a contract, and among others we were re- ferred to 5 Cowan 538,and 7 Cowan 585. We do not think that these cases countenance, much less affirm, such a doctrine. In 5 Cowan 538, the corporation of this city had conveyed the premises, in 1766, 0n which the brick Presbyterian Church belonging to the plaintiffs stood, reserving an annual rent, and covenanting that the lessees and th assigns, on paying the rent reserved and performing the conditions contained in'the lease, should quietly use and enjoy the premises without any let or hindrance of the defendants or any other person. On the 27th of October, 1823, the defendant, under & special authority ‘conferred by the Legislature, (2 tL. 445, sec. 267,) passed a by-law prohibit: ing the use of the premises as- a cemete for the interment of the dead. The plaintiffs brought an action to recover damages for a breach of the covenant for quiet enjoyment. The Court said that ‘the liability of the defendants upon the covenant in question must be the same as if it had been entered into by an individual, and the effect of the by-law upon it the same as if that by-law had been an act of the State Le- gislature. It is expressly authorized by th lature, and whether it be their act, or an act of the local city legislature, can make no difference’?—id 540, 41. The cause was decided in favor of the defendants, not on the ground that the grant was revocable at pleasure, from mere caprice, nor on the ground that the corporation could relieve itself from its obligations under a valid con- tract without assigning a cause, or without legislative authority, but on the ground that every right, from an absolute ownership in property down to @ mere ease- ment, is purchased and holden subject to}the restriction that it shall be so exercised that its use shall not become apublic nuisance—that an act of the Legislature, de- claring a particular use a public nuisance and prohibiting such use, is a constitutional law, and gives no claim in’ favor of a purchaser against a yendor who conveyed it with a covenant for its quie enjoyment. Such a law does not take private pro. perty for public use, for the property is not taken, nor is any entry made upon it. The title is not divested or im aired; cnly a certain use is prohibited, which, from the Rereate of population, would be a nuisance; apd for the same reason in such a case there is nothing in the act impairing the obligation of contracts. The Court was als careful to say “that an unwarrantable interference with private property ia equally unconstitutional and void, whether by a State Legislature or a corporation. By neither can it be touched without necessity, and then, if taken, it must be upon just compensation.” (7 Cowan, 606.) ‘The lial sof the defendants, therefore, upon the covenant in question, must be the same as if it had been entered into by and individual. (5 Cowan, 540. ‘The grant cannot be annulled from mere caprice. Thoug an act of the State Legislature has empowered the cor- oration to pass by-laws and ordinances preventing the interment of the dead within the tty, it has passed no law authorizing it to annul its valid grants or terminate | its valid contracts, because it may be pleased to do so, or | for no reason except that it may be its will and plea- | sure to repudiate them. No corporation, municipal or otherwise, possesses’ any powers except such as havo been granted to it, and no State can grant'to a cor- poration power to do that which it cannot constitution- ally do itself. ‘The legislative power of a corporation ix not only restricted by the constitutional and statute law of the State in which it is located, but by the general principles and policy of the common law as it is aceepted there. Itis upon this principle that, though many by- laws passed by the ancient municipal corporations and trade companies in England, for the regulation of trade and the prevention of monopoly, were held gooa, yet man; have been held void as being’ in restraint of trade an an oppression to the subject.—(Dunham vs. Trustees of Rochester, 6 Cowan, 462.) ‘Willit be pretended that a | subsequent Common Council, after the road has been ht than fifty-six pounds to | | io the © ¢ terms of the resolution limit the duration of | grant was not void, merely for the reason that, by the | ‘necessary meaning of ite terms, it binds the murloipal | corporation to allow the enjoyment of the privileges granted as long as the conditions of the grant shall be complied with—that the members of the Common Coun- eil who made it could not bind their successors; that any. subsequent Common Council of its own mere will ond pleasure can annul it; and that it should be construed as it would be if the power to annul it at any time without cause was expressly reserved in the resolution itself. That, neverthelens, it was not void when passed, but was valid and revocable, and will remain valid until actually re- voked or annulled, No case has been cited which asserts the doctrine that a municipal corporation can break its valid contracts with impunity, merely because it does not * choose to it, or that a mere resolution to reseind it, without cause, would not impair the obligation of con- tracts if the reeolution could be held to repeal it, and at the same time to exempt the corporation from liability from damages, or from amenability to the process of the courts to compel fic performance. That a statute of the State, which isin its nature a contract, and which docs not rererve the Power to repeal it, cannot, by a subse. juent repens divest rights acquired under it, ia settled w. (Fletcher vs, Peck, 6 Cranch, 87 ; The State of New Jersey Vs. Wilson. 7 Cranch, 164; t va. Taylor, 9 id. 43; Viartmouth College va. Woodward, 4 Whoat., 518. In the latter caro, Mr. Justice Story declared the tule to be, that immunities, fra@mchises, and other ri ever they are th are ju as constitution of the United States as any other grant Such being deemed to be settled in w, & provision was incorporated into the Revised Statutes words, vir:— ‘Tho charter of every corporation granted by tie Legiefature shall were 1ey end repent iy the 1 We that shall Btspafies be ‘The But for this pre-existing law it would be necossary to constructed and put in operation, and while all of the conditions of the phy are observed ng the grantees, can lawfully repeal the grant, and by the same resolution make a similar grant, in all respects, to others? If it can- not, then it has bound itself in’ perpetuity for the enjoyment by the grantees and their assigns of the ‘rights and privileges granted, on their perform- ing the conditions on which the grant was made. ‘The fact that the manner of using it is so far subject to legislative control that it can lawfully be so restricted as not to become a public nuisance or otherwise endanger the health and lives of individuals, furnishes no ground for holding that the grant, if valid, can be arbitrarily re- pealed or the rights acquired under it annihilated at the mere will and pleasure of the party, though a corporation, who contracted, upon consideration, for their enjoyment in perpetuity. ‘It is conceded that the Common Council cannot divest itself of nor abridge its legislative discretion to alter and regulate the streets as it may deem expedient. It cannot be denied that it has no power to prohibit such use of them as the legislative authority of the State has nted to every citizen as a matter of strict right. (2. L. £4 section 298.) This grant will produce both results, if valid, and if it confers the rights and privileges which it purports to grant. To say that the cont valid, but voidable at pleasure, and valid until voided, is to affirm that the Common have not, in fact, made such a contract as its provisions express—that though, by its terms the rights and privileges granted are to be enjoyed without molestation by the grantees and their assigns for ever, on their performing the conditions to be observed on thelr part, yet in fact no such contract has been made; that it is in effect a mere license by the Com- mon Council that these privileges may be enjoyed until it shall be pleased to revoke the license—the contract made is to be determined by the legal import of its terms. If it is not obligatory upon the Common Council, it must be for the reason that it was incompetent to make it. If incompetent to make a valid contract, such as it has made, it necessarily follows that itis void. It also fol- lows ‘that the attempt to make it, and thereby confer rights and powers which the Siate ture is alone competent to confer, and to absolve the grantees from duties from which the same authority can exonerate them, isa usurpation of power and an illegal exercise of a franchise. 0 privileges granted to the associates are exclusive in their nature. They are granted with the right and authority to appropriate to the use of the grantees, and their assigns, exelu- sively, the advantages and emoluments that may arises from their enjoyment. No other person or asso- ciation of persons can be authorized by the Common Council to run cars for hire upon the road, without a clear violation of the contract. They are to run cars both ways, as often as public convenience requires—they are to receive from each r fare for riding in their cars, sad are authoriaed to extatllsh by laws provid for “construction, operation and management the said railroad.” If, at the end of the ten years, they do not consent to pay such license fee, car, as the corporation, with permission of the Legisture, shall then prescribe, they agree to surrender the road, with all the equipmenta and appurtenances thereto lrrpancr3. 3 ‘to the said tion, at a fair and just valuation of the same. In a contract between individuals, by which an owner of lands should contract that a thi m might erect structures and operate machinery upon it, without any li- mitation as to hey en certain rate per annum for the first ten years, and providing that if at the end of ten ears he should not pay the annual sum then exacted for he privileges, he should surrender the stractures and machinery to the owner of the lands, upon recei' their just value, it is not clear that the owner, in suc a contingency, would not be bound to ray such value and accept a surrender of the property. However that may te, it is obvioun that the spiritand fair meaning of {he contract are that the grantees shall have the exclusive right and privivilege of running cars upon the road for their private emolument, andin every grant of a franchise the implied powers and rights conferred by it areas much beyond the control of sutscquent legislation as powers and rights expressly granted. (9 Wend. the People vs. the Manhattan Company:) It creates an unincorporated association, and exempts it from the operation of the rules of the common law, which define the rights and habilities of partnerships. The latter declares that a ip ‘be dissolved by the death of one of its members, and gives to his re; itatives a Tight to ‘have au adjustment of the accouhta and a divi- sion of the property or of its proceeds. This grant de- clares that neither the death nor any act of either of the associates shall work a dissolution of the partnership, but that the successor in interest of any one who ma; dic shall stand in his place, and the continuance of hi rights shall depend upon his fuldtment of the conditions imposed by the grant, and his compliance with the artt- cles of association. and the by-laws it may establish. Such rights and liabilities the Legislature of the State has alvne the power to create and improve. The ninth section of the amended charter of 1849 (Laws of 1849, p. 280,) declares that the executive power of the corporation sha be vested 4n the Mayor and heads of departments, and such other officers as may be created by law, and’ that the Common Council shall not perform any executive va- siness whatever, except such as is specially imposed by the laws of the Btate. ‘The fourteenth section enacts that there shall be an exccutive department, to be ‘“denomi- nated the Department of Streets and Lamps,” which shall have cognizance “of cleaning the public streets, and collecting the revenue arising from the sale of manure;”’ the twenty-second, that all contracts to be made for work to be done, shall be made by the a jate heads of departments,’ under such regulations as hall be pre- scribed by the Common Council. The tenth article of the et mal es a contract with the grantees, by which the tter contract to weep and clean so much of Broadway 6 extends south of Fourteenth street, in the morning and evening of each day, exccpt Sundays, whatever the weather hee, and so much of it as lies between Four- teenth and Fifty-ninth street, equally often, when the weather will permit. It is not a contract to remove so much of rubbish and dirt as the use of the road shall bring into the street, but to sweep and clean the entire street, and away the sweepings, in the morning and evening of each day, for all time to come; and the price paid for it in the grant of a franchise with the right of perpetual enjoyment: This would seem to be clearly pro- nibited by the provisions of the amended charter above referred to. Without entering upon the consideration of other objections taken to the legality or yalldity of the grant, we think it void, on the grounds:— Firet. That it grante a franchise which the Common Couneil has no authority to grant. Second. ‘the grant, by the meaning and legal import of its terms, may be perpetual. Third, ‘The grant is, in judgmentof law, # contract be- tween the corporation and the grantees, and in its legal import restricts the corporation in the future exercise of its legislative powers over the streets. Z Fourth, It confers upon the grantees and their associ- | ates exclusive privileges ton partial use of Broadway, which Pt be of perpetual duration. Fifth. It absolves them from an obligation imposed on them by a statute of the State, (2R.S. 424, See. 198.) bist. It confers rights, aud eacuipts ho assovia ies from ences in the event of the death of, ond of | numl repugnant to conilict with the séttled laws of the itute, \ | bed. Mr. Dyer, the conductor, and Seventh. It authorizes the associates to become incor- porated at any time, under the railroad act, although the road may have been previously constructed, and what ever way be their number at the time, while the act it- relf does not allow of an incorporation avter the road shall have been built, nor of a less number than twenty- five. Kighth. It makes a contract which the Common Coun- cil hes been prohibited from making by the amen led charter of 1849. ‘The attempt to make a grant confer- ring such privileges and immunities without lawful authority, is a usurpation of power, and the illegal exer- cise of a franchise, and is yoid. The grantees, who insist upon the right to exercise the powers and privileges thas granted, were properly perpetually enjoined. Supreme Court—Special Term. IMPORTANT MERCANTILE DECISION BY HON. JUDGE CLERKE. Marcu 15.—Beck and Kunhardt against Stephani and others.—This was a motion to dissolve an injunction on an importation of German goods to the amount of nearly $70,000. The following is the decision of the Court:— Clerke, Justice. —P. A. Milberg, of Hamburg, Germany, consigned to the plaintiffs four different shipments of merchandise, with instructions to deliver the same to Jacob Ryback, one of the defendants, upon payment of the freight and expenses. Upon thearrival, in December last, of two of the consignments, by the ships Rastede and Donan, they delivered to Ryback the bills of lading for them on receiving ‘from him the amount which they demanded for the said charges. Soon after this, the plaintiffs received notice from Milberg, and from other defendants in this action, that the latter claimed to be entitled to the goods em! in the several consign- ments, and cautioning them not to part with the pos- session of the property and of the bills of lading to Ry- back, on the ground that he had fraudulently obtained orsession of itfrom them, being merchants and manu- facturera in Vienna; that'he pretended to purchase the goods with the design of never paying for them, and of them to be conveyed secretly to the United and, to carry out such design, he caused the oods 'to be secretly removed from Vienna to Ham. urg, and there shipped by Milberg, who was not then’ aware of the fraud, to New York, whither Ryback himself soon after took passage.’ On re- ceiving this information, and before Kyback (with the exception of two cases, each containing a pianoforte) obtained actual possession of the property out of the public store, where they then remained in the custody of the collector, the plaintiffs applied on the 30th Decem- ber last, to one of the Justices of this Court for an injune- tion, which was granted, to restrain him and the other claimants from taking possession and disposing of the proper’y, and for the appointment of a recciver, praying in their complaint that the defendants may be ‘required to interplead and settle their conflicting claima; and that they, the plaintifis, may be absolved from all liability in the premises. The plaintiffs allege in their complaint, that they have no interest in the goods—that they do not collude with the defendants or any of them, and that this action is commenced solely for their own protection. ‘They further allege, that after the commencement of this action, and afier service of the injunction on Ryback, he entered into a stipulation, on which an order was duly en- tered, by which it was agreed that Mr. Charles Looseg, the Austrian Consul, should be appointed receiver of all the goods comprised in the four shipments, with liberty to tnake sales And {6 retain tie procecds to await the further order of the Court; but that Ryback, in evasion of those | proceedings, and in violation of the injunction, made a | pretended eale to Stephani, since made a defendant by amendment, and fraudulently continued with him to have the goods which were imported in the Rastede, re- moved from the public store, and afterwards placed in the store No. 112 Liberty street; after which they were de- livered by Ryback to Coronna and Littenfelt, as commis- | sion merchants, for sale on his account. ‘hey also are | made defendants by amendment, claiming, however, to | be indifferent between the parties, and now holding the roperty subject to the order of the court. On these facts the plaintiffs now apply for an extension of the in- | junction and receivership, 80 as to embrace the proceeds ‘of the goods that might havebeon sold, and the docu- | mentary evidences of title to all of the goods, for a re- ceivorship against Stepbani, and an attachment against Ryback for @ violation of the injunction. The defend- ants, Ryback and Stephani, move severally for a disso- lution of the injunction, with costs against the plain- tits, upon afidarite denying mauy ofthe facte alleged by | the plaintiffs in their original and amended complaints, and in their affidavits. 1. The facts charged against | Stephani in the amended complaint ought strictly to have | been brought before the court by a supplemental com- | plaint; because, according to the plaintilf’s own state- ment, they have occurred since the original complaint was presented. (Hornfager against Hornfager, 6 How. Prac. 18,1 Barb, Ch., p. 207; 2 ib., 68, 64.) ’ And al- though Stephani alleges that those facts’ occurred prior to that time, yet, in this inquiry, we can only regard the statements in the eomplaint. Ts this defect, however, an irregularity or @ nullity? Ifonly the former, it can: not be regarded on this motion, being waived by the notice of appearance served on behalf of Stephani. A mere irregularity is very different from @ nullity or an essential defect, which, with some exceptions, may be taken advantage of at any subsequent stage of the action, and is not necessarily waived, notwithstanding an incon: sistent step by the party afterwards objecting. Tho whole tenor of recent legislation, and of the practice of courts of justice, indicates an unmistakeable incli- nation to treat deviations from proceedings prescribed by statutes or rules, as irregularities rather than nullities, provided the error is not calculated to produce any serious injury to the party whom it affects; and while he is allowed an ample opportunity for insisting that the mistake should be rectified before he can be compelled to proceed ifthe action, if he permits the op- portunity to escape it is to be presumed that he did not deem any notice of it essential to his interests, I think the amendment of the original complaint, instead of a supplemental one, ought to be considered an irregularity, and nota nullity. It is a mere technical objection, af- feeting rather the relative congruity of the procee tings than the substantial Fights and interests of the dofen- dant, Ste i. In no possible respect can it impor- feat to Hin ebdbet ber oes brought into this contro- versy by an amendment instead of by a supplemental complaint. If, then, this is a mere irregularity, has not his appearance waived all right on his part to object to itY A notice of appearance waives all defects in the sum- mons. It isan admission on the part of the defendant that he is regularly in Court; and whether he appe: obedience to a summons abounding in defects, or wi a summons at all, he is before us, to all intents and pur- pores, as a defendant in the action. 2. 1 shall next consider whether this is a proper case to support an action demanding parties to interplead. Instances are continually occurring, ly in a commercial community, where, from "peculiar and unforeseen cir- cumstances, a person who owes a debt, or has incurred @ liability, is unable to determine without serious risk, to which of several adverse claimants it shoul be rendered, and, to prevent the probable or even possible injustice or vexation arising from the prosecution of ac- tions by any or all the claimants, this Court will compel them to test their claims by judicial investigation in an action between themselves; in other words, the Court ‘will compel them to interplead, on the application of the ae owing the cal he liability, and will relieve him rom further responsibility. A mere claim is a ground of interpleader. (1 Maddock, chap. 142.) The plaintiff, however, must show that he does not collude with any of the claimants—that the claims are what, under the old distinctions, were denominated ‘ ’—that priority should subsist between him and the defendants—that he is in ssion actually or constructively—that he does not any interest in the property in dispute, and that he can in no other way be protected from an oppres- sive or vexatious litigation, in which he has no personal interest. It matters not in what capacity the plaintiff has incurred the debt or liability—whether as a stock- holder or tenant, or an ordinary agent, or as a public officer, or as an accidental jient of the propert ' He has a right to claim the equitable intervention of the Court for his complete indemnification and relief. To be sure, it is gaid that Courts do not look very favorably upon this proceeding, and that Lord Hardewicke is re- ported to have expressed himself unwilling to allow new inventions in the bringing of such remedies. (Metcalf vs. Harvey, 1 Olsly, 249. it a mode of relief which can be in so many instances advantageously resorted to will never be @enied, when the plaintiff can present a state of facts of the desertption to which I have adverted. And this, I think, the plaintiffs have very satisfactorily done in the present case, I can discover nothing to de- bar them from resisting, that those adverse defendants should interplead, and relieve them from any litigation which the defendants, or any of them, may think to institute. Neither is there anything in the case which takes away the right to resort to this remedy. The sec- tion of the code referred to by the respective counsel of Ryback and Stephani, provides for cases where an ac- tion has been already commenced by one of several ad- verse claimants against a party in the situation of those plaintiffs. Persons #0 situated are still allowed, at all events where no action has as yet been commenced against them, to have recourse to this proceeding. The remedy prescribed in the code is merely conenrrent. Having settled these points, it is not necessary for me to dwell upon the merits disclosed in these applications. There {x a very sharp combat of affidavits, not unusual, Igrieve to say, on such occasions. They are utterly dis- crepant and irreconcilable; and this is reazon enough for requiring the contestants to interplead, in order to have their eH bene revel ig eee to the 8rdinary courge and practice of judic . It is fit then, that the property fh questlon should be retained in the custody of the receiver, to await safely the final adjudication of the Court. I'am of opinion that the plaintifis are entitled to all the relief they ask, and tha the applications made by Ryback and Stephani to dissolv » the injunction should be denied without costs. Sreampoat Couuision on THE Ont0o—Loss or Lirk.—The Wheeling Argus of the 2d instant “about four o'clock this morning the Fern, Captain Lucas, came in collision with the Union Line packet Thomas Swann, at Little Grave Creek bar, near Moundville, and sank almost immediately to her boiler deck. The facts in the case are about as follows:—The Fanny Fern was bound for Cincinnati. When she reach- ed the head of tho narrow channel which runs close to the Ohio shore she stopped her wheel and commenced floating. The officors of neither boat saw the other until it was too late to prevent a collision, but both tolled their bells, and the pilots rang the reversing bells for the on- gincérs, who obeyed, the Fern making from four to five jackward revolutions, and the Swann four. The Swann struck the Fern on the starboard quarter, near tho stair- way, and it is supposed cut her nearly through. As soon te the Swann backed off the Fern sank in sbout fifteen feet water, a little out of the channel, and near the Ohio shore. The Swann immediately, ran ‘alongside and took off her crew and passengers. A very slight additional rise in the river must carry away the cabin. The Fanny Fern is owned in Steubenville, and is said to have been insured for $10,000 in Fittsburg offices. One man only was drowne™ .’ Accrpext on THE New Lonvon Rat.noan—We learn from a gentleman who arrived in the Willimantic train last evening, that a serious accident occurred on the New London and Palmer Railroad in the afternoon, A penenest car attached to a freight train Roi from New London to Willimantic, when near North Windham, was thrown from the track and down an embankment, bodes | over in its course and lodging on a stump, which was driven through the top of the car, There were six- teen passengers in the car, fifteen of whom were more or Jess injured. Rey, Mr. Tilden, of Willimantic, wasa rand cal hurt, aud one indy was carried to her residence on a Mr. ‘rumbuil, t! injured.—Hartford Cowrant, brakeman, were also March 14. Submarine Telegraph Across the Atlantic. LETTER FROM LIKUT. MAURY TO THE SECRETARY OF THE NAVY. NATIONAL OnsmRvATORY, Wasareton, Feb. 22, 1854. Sin—The United States brig Dolphin, Lieutenant Com- manding 0. H. Berryman, Was employed last summer upon special service connetted With the researches that are carried on at this office concerning the winds and currents of the sea. , ‘Her observations were confined principally to that part of the ocean which the mercbantmen, as they pass to and fro u| the business of trade between Europe and the United States, use as their it thoroughfare. Lieutenant Berryman availed himself of this opportu- | nity to carry also a line of deep sea soundings from the shores of Newfoundland to those of Ireland. ‘The result is highly interesting, in so far as the bottom of the sea is concerned, upon the question of a submarine telegraph across the Atlantic, and I therefore beg leave to wake it the subject of a special report. ‘This line of deep sea soundings seems to be decisive of , the question as to the practicability of a submarine tele- ph between the two continents, in so far as tho bot- Hon of the deep cea is concerned. From Newfoundland to Ireland the distance between the nearest points is about 1,600 miles;* and the bottom of the sea between the two places is a plateau, which seems to have been placed there especially for the pur- pose of holding the wires of a submarine telegmph, and of keeping them out of harm’s way. It is neither too deep nor too shallow; yet it is so decp that the wires, but once landed, will’remain forever beyond the reach of vessels’ anchors, icebergs, and drifts of any kind; and so shallow that the wires may be readily lodged upon the bottom. The depth of this plateau is quite regular, gradually increasing from the shores of Nowfoundland to the depth of from 1,600 te 2,000 fathoms as you approach the other side. ‘The distance between Ireland and Cape St. Charles, or Cape St. Lewis, in Labrador, is somowhat less than the distance from any point of Ireland to the nearest point of Newfoundland. But whether it would be better to lead the wires from Newfoundland or Labrador is not now the question; nordo I pretend to consider the question as to the possibility of finding a time calm enough, the sea smooth eno, wire long enough, a ship big enough, to lay a coil of wire sixteen hundred miles in length; taough Lhave no fear but that the enterprise and ingenuity of the age, when- ever called on with these problems, Will be ready with o satisfactory and practical solution of them. Isimply address mnyself at this time to the question in so far ax the bottom of the sea is concerned, ands as far as thatthe greatest practical difficulties will, I appre- hend, be found after reaching soundings at either end of the line, and not in the deep sea, I submit herewith a chart showing the depth of the Atlantic according to the deep sea soundings, made from time to time on board of vessels of the navy, by authori- ty of the department, and according to instructions is- sued by the Chief of the Bureau of Ordnance and Hydro- graphy. This chart is plate XIV. of the sixth edition of Maury’s Sailing Directions. an examfuation of it, it will be perceived that we haye acquired by these simple means a pretty good idea as to the depression below the sea-level of that portion of the sblid crust of our planet which underlies the Atlantic ocean and constitutes the basin that holds its waters. A wire: Jaid across from either of the above-named placés on this side, will pass to the north of the Grand | Banks, and rest on that beautiful plateau to which Ihave alluded, and where the waters'of the sea ap | quiet and as completely at rest as it is at the bottom of | a mill-pond. | Itis proper that the reasons should be stated for the | inference that there are no perceptible currents, and no abrading agents at work at the bottom of the sea upon this telegraphic plateau. | Iderive this inference from a study of a physical fact | which I little deemed, when I sougit it, had any such | bearings. It is unnecessary to speak on this occasion of the gorms which physical facts, even apparently the most trifling, are often found to contain. Lieut. Berryman brought up with Brook’s deep sea sounding apparatus, specimens of the bottom from this plateau. Isent them to Prof. Bailey, of West Point, for exami- nation under his microscope. This he kindly gave, and that eminent microscopist was quite as much sur- prised to find, as I was to learn, that all these specimens of deep-sea soundings are filled with microscopic shells; to use his own words, ‘not o particle of sand or gravel exists in them.” ‘These little shells, therefore, suggest the fact that there are no currents at the bottom of the sea whenco they came—that Brooks’ lead found them where they were deposited in their burial place after having lived and died on the surface, and by gradually sinking were lodged on the bottom. Had there been currents at the bottom, these would have swept and abraded and mingled up with these mi- croscopic remains the debris of the bottom of the sea, such as oaze, sand, gravel and other matter; but not a particle of sand or gravel Was found among them. Hence the inference that these depths of the sea are not dis- turbed either by waves or currents. Consequently, a telegraphic wire once laid there, there it would remain, as completely beyond the reach of acci- dent as it would be if buried in air-tight cases. There- fore, 80 far as the bottom of the deep sea between New- foundland, or the North Cape, at the mouth of the St. Lawrence, and Ireland, is coneerned, the practicability of @ submarine telegraph across the Atlantic is proved. ‘the present siate of Europe invests the subject of a line of telegraphic wires across the Atlantic with a high degree of interest to the government and people of the United States. A general European war seems now al- most inevitable; the attitude which this government will assume with regard to all the belligerent powers that may be involved in that war is that of strict, impartial neutrality. ‘The better to enable this syprament to maintain that position, and the people of the United States to avail themselves of all the advantages of such a position, a Ine of dail telegraphic communication with Europe would be of incalculable service. In this view of the subject, and for the purpose of has- tening the completion of such a line, I take the liberty of suggesting for your consideration the propriety of an of- fer from the Proper souree, of a prize to the compan: through. whose telegraphic wire the first message shall be passed across the Atlantic. 1 have the honor to be, respectfully, &e., M. F. MAURY, Lieut. U.S. Navy. Hon. J. C. Donny, Secretary of the Navy, Washington, D.C. ‘*From Cape Freel*, Newfoundland, to Erris Head, Ire- land, the distance is 1,611 miles; from Capo Charles, or Cape St. Lewis, Labrador, to ditto, the distance is 1,601 miles, New Patent, Issued. List of patents issued from the United States Patent Office, for the Week ending March 7, 1854, dated March 7, 186: ‘Wim, Burnett, of Roston—For improved arrangement of fusible plugs or disks for steam boilers, Isanc Hussey, of Harveysburg, Ohio—For improvement in machines for plastering. Caleb Cook, of Nashville, N. H.—For improved arrange- ment of valve motion for locomotive engines, Warren Gale, of Louistille—For improvement in the gauge of straw cutters, m. G. Phillips, of Newport, Delaware—For improved method of opening and closing gates. Joel P. Hencock, of Marlborough, Ohio—For apparatus for rounding and bevelling barrel heads. George W. Cooper, of Palmyra, Ga.—For improvement in cotton seed planters. Henry P. Kimble, of Rochester—For improvement in sash fasteners. Wm. H. Johnson, of Granville, Mass.—For improve- ment in sewing machines. George C. Hinman, of New Haven—For improvement in sash stainers. George Levan, of West Earl Township, Pennaylvania— For improvement in reeling machines. Samuel Loveland, of Astoria, New York—For improve- ment in sectional dry docks; ante-dated September 7, Levi B. yng, of Lowell—For improvement in tail- stocks for turning lathes. R. J.B. Stone, of Berlin, Ohio—For improvement in machines for boring and morticing carriage hubs. Joseph Sollenberger, of Higgingport, Ohio—For im- provement in carriage brakes. James W. Stoakes, of Milan, Ohio—For improvement in apparatus for Paying the seams of vessels, Chauncey D Woodruff, of Toledo—For improvement in suspending eaves troughs. Luther B. Fisher, of Cold Water, Michigan—For im- provement in seed planters. Jeremiah C. Gaston, of Reading, Ohio—For improve- ment in seed planters. Charles Miller, of St. Louis—For improvement in sew- ing machines. Clark Polley, of May's Landing, New Jersey—For im- proved method of operating hydraulic rams. Vavid B, Marks, of New York—For improvement in artificinl lege. brick machines. Joseph Sawyer, of South Royalston, Mass.—For im- provement in mechines for splittiug rattans. Addison M. Sawyer, of Templeton, Mass.—For improve- ment in machines for splitting ratans. William Wickersham, of Boston—For improvement in sewing machines. Robert W. Andrews, of Staffordville, Conn.—For im- provement in Britannia tea and coffee pots. Jesse Young, of Franklin Furnace, Ohio—For improve- ment in connecting the joints of air-heating pipes. William C. Wright, of Boston—For improvement in ma. chines for drilling stones. Ashley Hotehkin, of Shenevus, New York—For im- provement in hanging gates. provement in water closets. Joseph Wilson, of Hartford—For improvement in relf- acting rajlroad switches, Christopher Hodgkina, of Boston, assignor to Nehemiah Hunt, of same place—For improvement in sewing ma- chines. Thomas Klegg, of North Andover, Mass., assignor to Thomas Clegg and Nathanial stephens, ‘of Andover, Mase.—For improvement in wire \die-eyes for looms. RE-IRHUR. Enoch R. Morrison, of Troy, Pa.—For improved shingle machine; patented November 22, 1863. ADDITIONAL IMPROVEMENT, NO. 110. Samuel G. Dugdale, of Richmond, 'Ind.—For apparatus for opening and cloning gates; patented October 11, 1853; re-issued January 21, 1864. Fioop at Crxcrxnati—We have had rain up to yesterday afternoon, for the past thirty hours, and, from all we can learn, it has been universal all along the line of the Ohio river. For the past ten or twelve days, the Ohio opposite our landing been at a good stage of water, #0 that most of the boats leaving for the lower coun- x could over the Falls at Louisville. On Thursday afternoon the water began to rise, and up to last evon- e swelled a 4 a wha nearly one foot per hour. ally our landings, including those vate individuals. abd that belo ing to ie etn coiniee the space extending from Ludlow street to Walnut street, some four squares. Yesterday afternoon, at three o'clock, in consequence of the rapid rise in the river, business was suspended upon the private wharfs and solely confincd to the city landing, between Broadway and Main street. By six o'clock Inet evening, so it was the rush of waters the oceny ants of Rathole-row, above Broad- pac’ fae removed all their valuables to safer quarters, in half an hour after, the floors in each and every oe eates from woter.—Cincinnali , March 11, r to be as | Sexmen C, Ripley, of New York—For improvement in | Daniel Ryan and John Flanagan, of New York—For im- | | Mr. Warten, who wan stabbed om tho 10th iost., by to Ludlow street, were covered | Murders and Lynching in Wisconsin, | | TWO MEN SHOT DEAD AND ANOTHER MOBBRD AND HANGED, BY A PARTY OF FOUR HUNDRED MEN. | [From the Marquette, Wisconsin, Mercury, February 29.) | The Land Chim diticulties, between Messrs. Furman | and Cartwright which less than a year ago terminated in | the murder of the former, had hardly passed from no- | tice among the chronicled 'tragedians of the day, ere we are again called upon to announce another similar one in that neighborhood, rendered more shocking in that three | men have been murdered in cold blood—two men shot and one hung—strung up in regular California style, till | dead, The {acts of the Cartwright and Furman affray have gone to the country; the latter was shot, pierced | with two balls, from the elfect of which he survived but | a short time. Cartwright was arrested for the act, and lodged in jail to await his trial; at the last term of the | Waushara Circuit Court the trial of the canse was con. ; May term, and the prisoner remani- il. Ever since the murder of Furman the | greatest indignation has prevailed in that neighborhood against Cartwright. Last week he was bailed out, and against earnest remonstrances, returned home, with the avowed determination, it is said, to avenge himself in the death of others. | When it was ascertained that he was in their midst, the inhabitants to the number of one huntred repaired to his residence intent upon lynching He had taken refuge in the chamber, and repelling their advances, shot from his retreat and killed two of the party—James Langdon, who leaves a wife and child, and a Mr. Troop, both of middle age; and then, being sensible that fur- ther resistance was useless, surrendered himself into the | hands of an officer with ‘the assurance of protection; thence he was removed to a justice’s office for exami- nation. | By this body of men he was foreibly taken from the officers, tied hand and foot, and but a short distance from the place where he was seized, and suspended by the neck until dead. He was hanged last Sunday about 5 o'clock in the afternoon, and the body was allowed to remain until about 10, when the friends were permitted to remove it. Mr. C, was a man about sixty years of age and leaves a wife and large family, S Thus, within one year have four lives been sacrificed, all for the paltry item of a forty acre claim. May we not now hope that it is the last aftray of the kind? Oacis— in the county of Waushara, will long be remembered as the “ Bloody Ground.”? A corresjonuent of the Milwaukie Sentinel, gives the following account of this horrible tragedy :-— ‘ There has been quite a war upon the Indian land, som 80 miles west of this village, within the last few’ days, the cause and result of which as an item of news, you and your readers may be interested in learning. Frode- rick Cartwright indicted in the Waushara Circuit for the murder of Peter 8. Furman, was recently admitted to bail under the new construction of the murder laws by Commissioner Buttrick. of Oshkosh, and last week pasa- ed through this village, en route to his home and family upon the Indian land, ‘While in this village his frien 1s and counsel urged him not to return to his home, it be ing in the same neighborhood of the late Furman, fear- 4ng that the friends of V'urman would raise a mob ant lynel ;but Cartwright was fearless and determined to visit his family, from whom he had been absent for more than a year.’ He left this village on Friday morn- | | ing last, and’ reached his home in the evening of that | | day; on the night following hostilities commenced. | | About sixty men surrounded his residence, a log house, | | and some three or fonr of the leaders entered and in- | quired of the family for Cartwright. His wife replied that, | she did not know where he was; upon this they opened | the door leading up stairs and saw Cartwright’ standing | | at the head thereof, armed with a musket; Cartwright | first spoke, ordering them to come no farther, but not heeding him they rushed up and ‘Cartwright fired, killing the foremost instantly. ‘They then went outside and one troop led the way in setting fire to the house, and while in the act of filling wood and rubbish against it for that purpose, received a charge of buck shot in his chest, of which he died the next morning. The rioters then abandoned firing the house and sent a number of their party for officers to arrest Cartwright, the balance re- maining on guard during the night to prevent Cartwright’s escape. ‘The next day about noon, the officers, consisting of a constable and # justice of the peace, arrived, and order- ed Cartwright to deliver himself up; he replied that he | would if they would protect him from the mob. The of- | | ficers assured him of protection from the violence of the mob, and he then surrendered himself unarmed into their custody. ‘The officers took him to one Waterman, a jus- | tice of the peace, about four miles distant, for examina- tion, but had scarcely arrived there when the rioters, re- inforced by some forty or fitty desperadoesfrom the pinery. | again interfered, took Cartwright from the hands of the | oficers, bound him, and strung him up upon the nearest convenient tree, where he hung until about nine o'clock | Sunday evening, when his friends took down his body | and conveyed it to his family. | ‘This terminates one of the deadliest of the Indian land claim quarrels; I say terminates, for it is quite question- able whether the Grand Jury of the limity of Waushara will think it worth while to punish the executioners of last night. Ea The Recent Steamboat Conflagration at Mobile. The Mobile Advertiser, of the 26th ult., gives the fol- lowing particulars relative to the destruction of the steamers Sam Dale and Ambasrador, by fire, at that port, on the 26th:— ‘As to the precise manner in which the fire originated, | the particulars are not known further than that the flames were first seen breaking out from a wood pile in the forepart of the steamboat Sum Dale, near the boilers, and spreading with such rapidity, that in a few moments the boat was completely enycloped in flames. The oifi- cers barcly had time to save themselves, one or two being compelf@d to fly, when not more than’ half-dressed, for sofety. Captain Frank Johnson, who was asleep on board at the time, was forced to jump overboard and swim for, his life, so completely was he surrounded by fire and rmoke, when reaching the boiler deck. From the Sam Dale the fire was communicated to the stermer Ambassador, which lay at the next wharf below, and the two soon shared the same fute. The officers, however, had time to make their escape, but so little did they think that danger was so near at hund, little or no- thing was saved from her. To the north’ of the Sam Dale the schooners Whig and Alida, lighters, loaded with salt, were lying, and little hope was entertained for them for tome time, but by some favorable circumstance or other the heavy fall of rain and the timely aid of the firemen, they were saved, with the loss only of their rig- gingond masts. Alarge quantity of freight bad beea received on both of the untortunate boats, and on their respective wharves during the day previous, for ship- ment, and is entircly lost. As the books of the receiving clerk’are not to be found, no correct estimate can be made of its value. ‘The Magnolia lay astern of the Ambassador, but upon the flames being discovered on her (the Ambassador's) decks, she dropped down below, and thus escaped the devouring element. The steamer Wilcox was on fire se- veral times, but the rain impeded its progress, and she was but little injured. The Ambassador was up for Lo- gan’s Bluff (Warrior river), and was to have left last night, having already a fair’ freight on board. The Sam Dale was bound for Wetumpka, and but for this untimely accident would have left last night well logded. The iron safe on board the Ambassador was hauled ashore yester- day, and some of the books and valuable papers, and a large quantity of money, found to be safe, The money, which was left in a collecting book, was all safe, the books suffering only by being slightly singed. It is the impression of the officers of the Dale that the fire-proof safe of that boat will be recovered from the wreck. The Sam Dele and Ambassador are both insured in the Ful- ton and Dry Dock insurance companies for $5,000 each, and in the West for $10,000 each. It is thought that the entire lors will not be much short of $70,000. The hull of the Ambassador is loft affoat filled with charred mat- | ter, while the Sam Dale, which was burned to the water's | edge, sunk at the wharf. The two were among the finest boats on our waters, and were very justly the source of much pride to their owners and tle public generally. The Tart. SrortinG 4T Sax FRANcisco.—During the early of February @ match was made between two gentlemen, | wellknown as fast crabs, for a of match mile heats,- | best two to.three, in sulky, for a “suit of sable,” or what- ever color was mort agreeable {0 a “anugey old boy,” should his fancy extend to a “pipe stem rib”? with eagle buttons to match. “The day “was not such as the hang. ers out” would particularly admire, neither was it suc! | as one on his natural elements could possibly grumble at. It was, as the old Indy quietly and pathetically re- marked, between the two. The attendance was altoge- ther of the higher order, outsiders were nowhere, and | the ‘‘dimnation”? changed freely. ‘At 4 o'clock, the judges having mounted the stand, the | call vas made, when both stripped and were buckled {0 | the sulkies of 72 pounds each. The pole was won by the | | black, and at the first tap away they went for the First Heat.—The black “cut his lucky” from the score, | and went at a killing pace to the first quarter, where he made a bad break—was overtaken by the bay—passel, who went on humming ata thirty stride, It was too good to Just long; when up comes George with the black, Collars the bay, and away they go fora moment neck | and neck. The black heing the most honest of the two, cea away at his work, while the bay dances “his last | fegn’? and loses the heat by half a length, in 2.59, ‘<eornd Heat —After one false start, in went the baton, the bay leading handsorely to the half mile pole, whers he made a bad break, when the black came up’ passed | him, and opened a distance of five lengths to the ‘three- | quarter pole. Here the bay came up and closed the gap | at the distance pole to half a length, where he again | made a bad break, which shut out all chances of his ing an over-enviable reputation for a ‘very fast ers The Chiefs Shadows and the Rogues of New York, The police department, as at present organize, appears to be as much directed towards the prevention of crime as to the arrest of actual oifenders—very unlike the system adopted some twenty years ago, when some three or four police officers associated themselves toge- ther, and would every now and then astonish the people by an arrest of an offender and recovery of the stolen pro- perty. But, readers, you must understand the modus operandi adopted by these officers. They held under their espe- cial protection ‘‘stool pigeons,” who were either one of the burglars or one of the parties concerned in the dis- position of the plunder, The losers of the property were then given to understand that if they offered a certain reward in all probability their property could be recover- ed, and if the amount named was acceded to, the ‘stool pigeon” placed the plunder in charge of » man intended or arrest. The officers were notiied, who forthwith seized the man and the property. ‘This astonishing sagacity of th officers would appear | in one or more of the newspapers, written by the officers? | friend, who was at that time an atiache of a daily nal. ‘The people, on reading the account and the Im pratse bestowed on the officers by the press, began to think that these officers were men of extraordinary abili- ty, when in fact they were hand and glove with the rob" bers, and in many instances knew when and where rob- beries were to be perpetrated weeks before they actually occurred. So much for the old system. We may now be thankful that some change has been effected under our present police. Ina large city like New York, with a mixed popula- tion, and rogues of the most cunning and desperate char- acter flocking in weekly from foreign countries, it be- hooves the Chief of Police to be ever on the alert. We may here remark that, according to our criminal recordg, the expert at burglaries and picking pockets are English men. Grand larcenies and smaller offences are prinei- pally perpetrated by Irish and Germans. The native talent in crime consists generally of forgeries, bank rob- beries, and hotel robberies. Now, the Chief of Police, witha view of preventing crime as well as to arrest oifenders, has formed a secret police foree, consisting of ten or more active and intelli- gent men, whom he designates as ‘shadows. They are under the control of Sergeants Reed and rs Spied secretly located in various parts of the city.’ For in- s‘ance, the well-known haunts of the thieves are under the eye of these men. A thief, on leaving the premises, is “dogged” throughout the day and night, and every locality visited by him will be noted down, and a written report made to the Chief of Police, and so they take-one rogue after the other, and ascertain allabout him, Af- ter this the rogues are notified that a watch is kept upon ali their transactions, and the sooner they leave the city the safer it will be for them. In many instances they me alarmed;not knowing but at any moment they he picked up by one of the ‘‘shaows,” and forth- with leave the city. Most of the old criminals have taken up their abode in Brooklyn, — Williwusbure and Jersey City, such as Jim Smith, the bank robber; Jack Koach, the pickpocket; ‘Bill Hoppy, the burglar, and many otters whose’ names we do not recellect. These fellows, a8 soon as they cross the ferry, are invariably followed by one of the Chief's ‘shadows,’ until he again leaves the city. In this wey it is the plan of the Chief of Police never to allow any of these notorious rogues to know what it is to be at ease, continually keep them on the move, harass them from place to place, until they scek their location other than in New York. Since the detailment of Commandant Bowyer at the Crystal Palace police, Sergeant Reed appears to havo taken the lead. Mr. Reed may be termed the Vidoeq of New York. He is admirable on assuming disguises— thus passing among people who are known to be suspicious —thereby gathering up information of the greatest im- portance. Sergeant Reed and his men are prinefpally stationed in Wail street, the Chief it seems ming that locality the best to invoke the activity of the ‘shadows ;” and many @ poor Wall street genius has beon for weeks, night and day, under the surveillance of Vidooq, and all the facts are down in the Chief’s book. Oh, what a tele this book could unfold! However, take the system altogether, the Chief feels satisfied that the rogues can- not remain at case long in New York. There are, to be sure, new men, almost daily, entering into the lst of crime—some not known, while others are under the sus- picion of the police ; but, until they are detected in some depredation, of course their conduct ouly falls under the orders of “Keep an eye on them.” Freshets at the South—Damage to Railroads. The Columbia Carolina Daily Times, of the 24 inst., writing on this subject, says :—Ihe most reliable in- formation received since yesterday's issue, enables.us to report more definitely the extent of the injuries nus- tained by the Greenville and Columbia Railroad, from the late freshet in Broad and Saluda rivers. ‘The road is slightly injured at the crossing of Saluda, by the displace- | ment pf one or two bents of the trestling leading to the bridge ; the damage at this point is very slight, and will be soon repaired. From Saluda to Cedar Creek, eighteen miles above this town, the rond has sustained no injury. | The bridge across this creek stands firm and secure; one of the abutments leading to it has been partially under- mined. Between Cedar Creek and Columbia, the road has } euffercd its greatest injury. Several of the trestles have been washed down; the one in Col. Bookter’s plantation presenting the most serious obstacle to the re-extablish- ment of the travel over the road. We trust that we shall be able, in a few days, to report the complete resto- ration of the road. The “pass train on the South Carolina road, Which left here yesterday morning for Charleston, returned with all on board; the flood in the | Congaree being so high as (o prevent their transfer to the train below. Communication with the seaboard will be onened immediately, no doubt, after the subsidence of the waters. ‘The Greenville Southern Patriot, of the 26th ult., rays: —We have had quite a swell in ‘our rivers, and & great number of the bridges on the Saludas, Enorees and gern have been swept off. Lygon’s bridge on the Saluda is gone. Hawkins? bridge on the road over the mountains is also carried away. The cars did not arrive last night from Columbia, and We ‘are appre- hensive that the freshet has injured the railroad or care ried off some of the bridges below here. The down train started yesterday morning at the usual hour, and haa not, been heard of since. It crossed the Saluda ‘into Ander- ron. The bridge at that point ix remaining. The injury tothe farms above the village is very considerable we | understand. Some of the rivers were as high as they were in the great August freshet. ‘The Wilkes Kepudlican of the Sd instant says :— The | rains on Saturday and Sunday morning last were yery | heavy in this section of the State. The water courses were much swollen, and considerable damage done to the | bridges and lowlands. ‘The bridges over Little River and Harden’s Cresk, on the line of the railroad, were both | damaged, the latter losing an arch and the former three, ly which dw patsage of ‘the train has been interrupted. ‘the bridge over Harden’s Creek bas been repaired, though that over Little River will not be ready for use before the frst or middle of next week. There is, how- ever, no detention of passengers, an extra beit kept on the other side to ply regularly betwoen the river and the junction. The cuts are also much damaged by | eaving, and it will require some time to move the loose earth.’ is On Saturday last, says the Anderson (S. C.) Gazette of the 1st instant, it commenced raining early in the morn- ing, and rained without intermission until six o'clock on Sunday morning. Our creeks and rivers have been v much swollen, and, if the rain has been at all we shallexpect (o hear of much damage being done be- low. Alteady reports have reached us of the destruc- tion of several bridges in this district, and as yet wo have heard but from one section. We trust that it may | turn out he Letter than we anticipate, jewbery (8. C.) Sentinel of at inst, sayy — Another freshet has been caused by the ‘ of rain which fell on last Saturday night. every quarter of the district we hear that the streams were very high. The streams around our town were higher Bre ‘racy high: Serious Uausege Weta fears er was Very high. jous it is feared has been done to the G. and C. Railroad. Four bents of the trestle on this side Saluda river were washed away, several others were giving way, and the water was = ing out beneath them. ‘The Athens Herald says :—On Saturday and Saturday night last, we had one of the old fashioned sorts of which fell continuously for about twenty-four hours, without intermission. The result waa, that the was on Sabbath nearly as high as it was in August, 1852. ‘We have as yet heard of little damage being done, except the washing away of Simonton’s bridge, the Sandy Creek bridge, and the Barber's Creek bridge, near the paper mill. Since writing the above, we have learned that con- siderable damage has been done to fences on ereck and river lowlands. California Emigrants India The following resolutions of the National Council of the Cherokee Nation are publishedin arecent number of tho etiey le (Ark.) Intelligencer: Yhereas, tho Cherokees are opposed to having their " made a common thoroughfare for persona taking cattle to California, thereby bringing contagious disease ck, and leading to the commission upon: andare equally opposed to or other whites wintering their stock im upon the rame grounds, and likewise Fa: | because difficultics of some description might grow out of the presence of a body of men in our midst who are not suhject to our laws; and | The black came to the score at a cow trot, evidently ha ing come there before, or understanding the peculiar pull of his owner, in 2.54. RECAPITULATION. 1 Pioneer Course, Saturday, February 4, 1854. | Mr. G. G. named black gelding D. C, Broderick, Al Mr. J. C. named bay gelding Flash oovvee 22 | ime—2.50—2.54. } We understand that the friends of the bay horse Flash offer to back him to any amount, in a two mile race, or | the best three in five mile heats. Col. Bell, with a splendid stable, will commence tt spring races the first Monday in March. Much sport may be anticipated. TROTTING AND PACING AT NEW ORLEANS, | Mrranur Course, Feb. 28.—Trotting purse and stake | $200, mile heats, best three in five. | 0. W. Dimmick named s,m. May Queen,... 1 2 1 1 | J. L, Foft names blk. h. Dr. Elliot.......... 8 1 2 2 G. W. Bidwell nomed blk. h. Reindeer. 2 38 dis, Time, 2:44—2:404—2:47—9:46, Mancn 2.—Pacsd.—Purse, mile heats, best threo in | five, in harness. | J. L. Koff named Joe Wilson ei iF 4 Sami Rice named Silver Tail,....--- 3133 J. W. Bidwell named Dolly Spanker. . 2223 Timo, 2:26 4—2:26—2:26 i997. TROTTING ON THE ICE ON ONONDAGA LAKE. Marc 9.—Purse $250—entrance $25—making $350, mile heats, best three in five. Jas, Barney, of Syracuse, named c. h. Roderick, 1 1 1 Chas. Baker, of Syracuse, named ¢. h. Silas Wright... seccenee* Wien 223 Gen, Dunham, of Troy, named w. m. White Fashion, a33 W. Hinckley, of Tthaea, Time, el Hilliard, at the Long Pond Hotel, Natick, Maas, Sia Seedy ‘morning, ot about half-past six o'clock’ Hilliard ia in custody, and will be next week Whereas, the eighteenth article of section three, of “Revised Regulation,” No. 4, concerning trade and’ in- tereourse with the Indian tribes, reads as follows, vis: “No person will be permitted, without the consent of the Indians, to drive or otherwise convey any stock of horses, mules, or cattle, to range or feed on any land belonging to Indiana,”’ and Whereas, no such consent has been given on the part of this Nation to any one; therefore be it— Resolved by the National Council, That the Principal Chief be, and'is hereby, authorized and directed, for and on behalf of the Cherokee people, to call the attention of the Cherokee Agent to the above facts, and to request him to take such measures as inay rid our | present large body of emigrants whose pee ‘ of is to win- ter among us with their cattle; and al prevent the further passage through our Nation of any stock what- ever. Be it further resolved, That the Principal Chief like- wise notify said agent that there are many white men residing in our Nation, beings Bae military reservation at Fort Gibson, who have no right here, and ask for thelr prompt removal, He it further resolved, That the Principal Chief also notify the agent that there are free negroes in different yarts of the country, and ulary on the military re- serve at Fort Gibson, whose presence is injurious to the interests of the country, and who have no_rights what- ever to remain in our midst, and to request also thelr prompt removal. A. Fe ‘, Pres’t pro tem. National Counell, BN THOMA Speaker OF Council. JOHN THORN, Approved, ‘ JOHN ROSS. FE. Bouprenor, Clerk National Commitee. T. B. Wore, Clerk Conneil. Tanrequan, Uctober 21 and 22, 1 Information Las been received at the State Department: from J. H. Williams, Eaq., U1 Chavalet tydney, of the death at that place of Rober Allen, a seaman belonging to the ship George, of New Bedford. i ay ae Pee rs

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