The New York Herald Newspaper, May 3, 1854, Page 2

“THE STORMS AND FLOODS, — WATERS INGER THAN EVER BEFORE KNOWN. | GREAT DESTRUCTION OF PROPERTY. s a ce VESSELS WRECKED AND LIVES LOST ON THE LAKES, The Flood {a the Hudson River, &e., &e. ae. [From any Journal, May 1.) The rain has caused tre rt flood, the Uke of ‘hich has not teen eecn in rupwards of wenty yoars. The ¢ on of the Sew dooded, and even the cellare of ‘any of the bu tral parts of the city are filled with wate uth Broadway, from Hudson st uth, is paviguble, ant oc buildings along this avenue reech their premises in boats. Arch street is cy ty covered with waterfrom the river to South Pea. ( nice This is probably the lowest pot of grow a the city. | South Ferry street is inundated to Frankia, and Lydius | to Gr street The entire south part of the city east of Chureh street is covered with water; the iron foundries are all iaun- dated, and hundreds of persons are thrown out of em- ployment, We have frequently tad heavy f spring of the year on the breaking up ein the civer, but the water bas seldom beea as high as itis now. We learn from a geutleman, who is conversant with the matter, that on the 7th or Sth of May, 1833, the river wad flooded fo about the same extent a# but it was after the breaking up of the ice. caused by hoavy rains. Immense quantities of lumber have bee: gles and from the lumber depot on ¥ and carried down the river. As fa can reach the river appears to be covered wi tim ber, &c. ‘The destruction of this kind of property elone will be immense. A number of canal bonts during the ni their moorings and were carried down the ri are numbers driven ashore between this cit We learn from a passenger who came up i doat Hero, that at daylight th Irifting down the river with a man ou board, who, as the Steamer passed, called out for hel nal boat W. V. J. Mercer, of New York and sed down the river. The extent of the Imen cannot be ascertained, because tt isimpossible to approach thelr places of business, so *ipid isthe current of the water along the dock ‘and ler *'The steam ferry boat New York, belonging to the Hud- eon River Railroad Company, while crossing over the river this morning eame in contact with a picve of tim- ber, which displaced her engine, and she floated down uhe'river. A steam tug was sent to her assistance The large frame building at the new lumber dist eupied by mupply of vessels at that dock, was this morn from its foundation and carrie’ down the rive had just laid ina large stock of goods and will bea heavy Joser by this disaster. A large amount of umber has been carried off the pior and from the lumber @ et. Thirty canal boats. © David Williams as a provision sto ally laden with merchandize from « New York, at Troy, awaiting the opening of the eanal, Droke lose from the dock last about 11 o'clock, ‘were carried down the river. these pa: city, and the remaining twenty-four were , between this u ore. It is stated that np to 11 o'clock this ight, ning twelve anal boats had drifted down the river aud passed the south ferry. We learn by a passenger hy the Hudson river cars, that Mr. Williams’ house was twelve w lown the river when the train passed. A boat was fastened to it, and men were engaged in tr drag it ashore. Men were also engaged fin a boat alongside of it in removing the | roperty from the building It is éaid that Mr. W-’s clerk had left in the desk in the duilding $1,000 in money, and notes to the amount of ‘The water is so high that the canal is not navigable for the large sized boats. Only one boat bad succeeded in passing the bridges between the first and second locks, and that was the C. W. Bentley, The canal basin is filled with boats, From the Canal Collector’s office, twenty-eight canal boats could be seen on the flats north of this city, and as far as the eye could reach the river appeared to be covered with lumber, timber, logs and staves. Several steam tugs went down the river this morning to the rescue of the canal boats. They succesded in reaching several pf them, but the river being filled with logs, it was with much difficulty that they brought them | up the river. Several of the tugs became almost disabled Dy the logs breaking their wheéls. We noticed three canal boats ashore below the Greenbush dock, and two fastened to a tree at the point below Cuyler’s bar. ‘The Northern Railroad track, opposite the Van Rensse- lar mansion, {s flooded 40 as to prevent tbe running of ins. The Central Railroad track through this city is covered at some points to the depth of a few inches, but not suf- dicient to prevent the running of cars. The Troy turnpike road, opposite the United States Yrsenal, is covered with water to the depth of four or We feet, and the Betl I¥0 to three feet. The gardeners on the island below this city suffer so- verely by the flood. Many of them had finished plant- . They estimate their loss at about $8,000. reenbnsh is also floc: , though we cannot what cmount of damage has been done b usually attendant upon a flood as severe as this ln The ferry boat is not running, it being impossible either to land or receive passengers. Up to noon the water had fallen only two inches, but it was gradually receding. In 1833 it took near # week before the water fell to the top log oa the dock. We trost that our merchants will not be this time kept so Jong from their places of business. ‘The most novel feature attendant upon the ist of May we noticed this morning. We have seen furniture taken away from houses in almost every kind of vehicle and in every poasible manner, but we never until to-day wit- essed farniture conveyed from houses in boats. Hun- dreds Were thus compelled to evacuate and to move into dwelling houses in our city. The steamer Hero, which arrived from New York this morning, landed her passeagers on a barge at.the pier at the foot of State street. They were conveyed from the ‘darge to the bridge in boats, and from the bridge to a point in State street in fiat bottom boats. (From the Troy Whig, May 1.] The rains for the past few days, and the melting of the snow above, have caused an unprecedented flood in the Hudson river. No such flood when the river was clear et inhabitant; although on one oceasi ice dams, the water roe toa great height. The largest Steamers could float over the docks up to the rear of the stores on River street. All the lower rear cellars on River street, and in some instances even the cellars in the second stories, are flooded. We hear, however, of Dut little damage having been done, timely warning Baving been given to oecupants any way exposed. ‘All day yesterday the swift and hourly swelling cur. Tent carriea down evidences of ravages above, in the shape of timber, logs, barrels, bridges, dead cattle, hogs, ke. Throughout the day the water continued to rise, and was still rising at a laie hour in the evening. The Hudson River Nailroad train, which left New York Saturday at noon, reached here at about four P. M. yes- terday. ving been all in coming from Poughkeep- sie. When only a short distance out of New York, the ‘water came down from the slope upon the track, bringing with it sand, stones, and trees, covering the track to con- siderable depth, rendering it impassable. The train B learn 1 that reached Poughkeepsie yesterday mor aving been eighteen or byes hours on the way; ani to reach Troy occupied the whole of yesterday till four P. M. No sub- — train hed come through. night train on the Troy and Boston Railroad came pecan Still in one of the deep cuts a few miles above city. We learn from paseangers from Whitehall, who reached here yesterday afternoen, that the flats between White- hail and Fort Ann were entirely submerged, and that the Northern Canal could be distinguished only by the tops of the bridges. A gentleman from Keeseville informs us that snow fell in that vicinity on Thursday night and Fritay to the depth of nearly two feet; and that when he lett, Satar. day at one P. M., it was raining hard. A large body of water is yet to come down from the north. At Weit Tray about 150 canal boats had collected, and the greatest activity prevailed there throughout the whole of yesterday. The water was so high that boats were floated over the lock through which the canal omp. tice into the river. It was with the greatest difieulty that boats were moored and prevented from being swept down the river. Much injury has s@oubtless been done to the canal; several breaks are repOried to have occur ref in thie vicinity, though we coul in relation to them. The Poestenkil! the lower part of the city, rose to An unprecedented me. Hundreds of lars, as well ae the streets, and th: of the city rally, are submerged. The new les ur the Union , over fan I sg R.. yorterds ing swept away. Cars, heavily loadad With ires ‘rails, were run kom the bridge’ to hold it tm te place, and it was believed that the energetic measure ill, was in momentary danger, for most of adopted would make all secure. Last evening the old bri of the Greenbush track was in danger, as well asa connected with the nsselaer Iron wooten build Works, from tim! having flosted against it. OPENING OF THE CANAL DBLAYED UNTIL WEDNES- DAY. ‘We have received the following official announcement from Canai Commissioner Gardiner :— Rowm, May 1, 1854. Owing to the heavy rains, and to the water flowing into ‘the -onal from the Mohawk at this place, the opening of the canal will be delayed until Wednesday morning. All is Leing done that is possible to have it in readiness to- mortow night. C. GARDINER. THR FRESHET AT MARTFORD—THE WATER HIGHER THAN BYER BEFORE KNOWN. (From the Hartford Courant, May 1.] This city is now in the midst of greatest freshet which has ever visited it. We say the greatest freshet, for, as we write, (10 o'clock Sunday evening,) we believe Le water to be above the most reliable mark of the flood f 18: 1—that on the ol! rner of Talcott and Fr streets, At 7o’clock the water was two inches woo'y the mark of 1801 at the tollhous ne it was welve inches below the mark on the old distillery. Ti was then rising about four inches an hour. : It commenced raining on Thursday evening, and «ince that tinie has rained almost constantly, aud very power fully. The water in the Connecticut was at that time high, and rising, aud of course has since risen with very great rapidity. "It rose about aw rapidly last evening as at any time during the day, notwithstanding the surtace the water covers must be very much greater than in ‘the mornin; Ail that Cert of our city lying contiruoms to the Con. t and Mili tiv of course footed and the ud south meadows present to the eye nmitsing but ect of water. Some of the smn ler hones ver are entirely submerge !, aud lehem road to the depth of from | mn from back water, caused by | gain nothing definite | many others nearly so, The inhabitants were taken ore lane extablishments of Messrs. Woodruff & Beach, | | Fales & Gray, and Col. Colt | im actual damage, but by a will be inevitable. All the o | lishments and floors or im their cellars, and must | | have water on tl i} be damaged somewhat. Igthg north | ‘ront streets | _Mue water covers all that. part of the eity South of Mill river the water comes u | of Pleasant street, and east of Windsor and to Mill ri into Sheldon street almost to the blacksmith shop, and | of course fills the streets running parallel with Maia ver. { | street. ‘The south meadow is entirely covered with wa- ter. Mill river is of course rwollen’ not only by back water from the Connecticut, but by the immense quan- | tity which it has received from the surrounding country and the smaller streams by which it isfed. An vmban‘- ment at Imlay’s mil! was washed away, and the water forced 4 passage south of the will, carrying from their cling aud 4 barn, The inmates into a Seat with s through Ford t mall st nity, covers @ part and we believe is eutirely =i ge. ‘olt h arge nuniber of men at work in the » were hving in shanties which had been the water rose so rapidly on Friday night as tc ssary to teke them off in boats on Satuc- day ioorning. They are now in some of the lofts near | the river, and Colonel C. has made provision for their | comfort Durii yesterday ono or tw» dwellings came down the | | river, but so far as we could learn no bridges or parts of | bridges. It is reported, however, that several have been | Swept away on the Farmington river. ‘The ‘Gully Brook’ bridge on the Albany road is gone. | ‘The railroad tra running from this city are doubt- less more or less injured, but to what extent cannot of course be now known. One of the tracks of the Hartford and New Haven road, near Longmeadow, is somewhat washed, but the othe Hi gool, It is reported that the bridge at the road junction near New Haven is gone, The traek of the Willimantic road ia the meadow | is submerged, and will doubtless be somewhat injured. | To add to our calamities, the water has so interfered with the gas works that they were unable to give their vsual supply last evening, and as the occupants of many hotels, and public buildings have disposed of | 8 for lighting with oil, the annoyance is very | [From the New Haven Courier, May 2.] | | ,, The damage caused by the late rains'is much greater | than we had any reason to anticiyate, amd we are contin- uslly hearing disastrous accounts from all parts of the country. The railroads have suffered greatly, and many days must elapse before some of them can be put in good running condition. Along the line of the Canal road we hear of much ama, ving been done, not only to the track, but also to bridges, milldams ond factories. The dam at Brock- ett’s factory is entirely gone, and that of the Hamden Iron Company is damaged to the amount of $590. The India Kubber Factory and Churehili’s spoke factory, in Hamden, have suffered greatly, but the amount of dam- age is not yet known, _In the town of Southington about eighty rods of the railroad embankment is gone, and portions of the track are washed away, The dam at Plant’s Factory in Southington is broken away, and one wing of the building is gone. The pile bridge’ between Southington and Plainville is gone, and about 80 rods of the track are gone between Burlington and Unionville. Above Burlington portions of the track are badly wash- ed, and we learn that the Tariffville branch has suifered considerably, A pile bridge is also swept away Barne’s station and Collinsville. The plank road, between Cheshire and Waterbury, has | suffered cousiderably, and upto yesterday noon no stages had been run over it. We understand that Col. Welton carried Lis horses from Waterbury to Brooks’ station oa the Canal road, from which place they could reach this city by cars. It was thought the track would be repair. | ed’so that the cars could go through to Cheshire, and perhaps as far as Plantsville, last night. Mr. Phelps, | the conductor of the down train on the Canal road, came down from Collinsville to Brooks’ station yesterday morning with a horse and wagon, and from him we learn the above particulars, The stream at Westville rose higher than ever before, anda portion of the spring factory dam, at that place, was carried away. All the meadows in Sperry’s Farus were flooded, and large portions of the fences, rails, and a number of sheds and outhouses were carried off. Cel- lars were also flooded and other damage was don! Tho turnpike road between this city and North Haven, and above the latter place, was submerged with water, and passing was effected yesterday with uiffeulty. The road between this place and West Haven was ren- dered almost impassable, as it was between here and Der- by; on the latter road two or three bridges over small streams are carried away. At Middletown, and along the banks of the Connecticut river, the water ose higher than even during the great flood'in the year 1801, and much damage has been caus- ed. The freight depot of the steamboat company at Middletown has been swept uway, and carried down the river. sAlong the Naugatuck valley we hear of disastrous re- sults of the freshet. The water rose eleven inches higher than was ever known before. One of the abutments of the railroad bridge Was washed away, but at last accounts | the structure remained in its place, though the track on oither side of it was badly washed.’ The turnpike bridge at Seymour was covered with water, and the lower rooms in Moshier’s tavern were flooded. Hetween this place and Seymour the roads are in bad condition, and several amiall bridges are carried away. From the Housatonic valley we learn that the road is passable between Bridgeport and Brookfield, but above | the latter place much damage has been done, though the particulars are not known here. | © A portion of Williamsbridge, on the New York road, was washed out from its foundation so that trains could not pass over it yesterday morning, but it was ropaired | in time for the afternoon train, and the eatire road is now in good running order. The Middletown road i Mr. Mos to be nearly demo! , the cond ed the mails yest from Miadletown to Merilen by horse power. On the Danbury and Norwalk road several briiges are the road is washed in many. pl and much da- | has been done along the line. The up-towa turn bridge at Norwal carried away, and a gi mil! near by was demo! In the mill was about 1,500 bushels of corn, all ‘of which was it off by the flood. The damage to the Naugatuck r ad is stimatel at abont $30,000. A number of days will elapse before the road can be put in running order above Derby. EFFECTS OF THE STORM IN MASSACHUSETTS. {From the Salem Register, May 1.] On, Wednesday evening we had a sevtre thunder storm, which appears to have been very extensive. | In North Danvers 4 barn was struck by lightning, and | an ox therein, belonging to Mr. Daniel Fuller, was killed. | . Several barns in Worcester county were also struck by lightning, set on fire and consumed, as we learn from the orcester Spy. Three fires were seen from the city of Worcester at the same time, all occasioned by lightning, | viz.—One in Upton, belonging to Austin and Daniel Pat- which was entirely consumed with its contents. ting of six or eight tons of hay, five cows, a yoke of oxen, and a quantity of farming utensils, Loas, $1,500, Also, a barn in Leicester, owned by Mrs. Harriet New- hall, situsted about half @ mile north of the acatemy, which was entirely consumed, together with two cows, one heifer, and five tons of hay. The dwelling house, | very near the barn, took fire, but the vigorous efforts of | the firemen saved it from destruction. Loss, 8600, | The barn thus destroyed stands upon the place where Gov. Washburn was born, and where his father died. For many years subsequently the place was owned and | occupied by Rev. Dr. Nelson. In Holden the lightning struck the barn and house of Marston Eaton, both of which were entirely consumed. The bolt entered she gable end of the barn, near the ridge pole, on the north side, in a horizontal direction, passed entirely through it and came out at the opposite end, | setting it on fire. Thence it passed the intervening space, to the house, a distance of sixty feet, knocked in the gable ond of that, passed through a chamber in which two persons wore in bed, leaving a large hole in the wal and finally passed off through a window at the south en | of the house. Several porsons were in tho lower story at the time, all of whom, as well as those in the chamber, experienced a shock of greater or leas severity. The barn contained eight tons of hay, three tons of rye straw, two hogs, seven Turkey , and fifty-two hens—all of which were entirely consumed. Loss $2,000. The course of the enteane from the barn to the house was distinctly marked by the splinters and fragments left in its path, aud so great was the force of the electric current, even after it had done its destructive work upon both buildings, that the fragments of the window through which it left the house, were scattered upon the ground a1 a distance of eight or ten rods. The lightning struck the rods on the house of Charles Whittemore, in Worcester, and shattered many large trees | in the vicinity of the city—also an ancient oak in Grafton | Contre. | The chimney of the house of Mr. Newcomb, in Quiney, was struck by lightning. The fluid passed down the chimney to the kitchen, splitting in twain a cooking stove and doing other damage, but fortunately occasion- | ing no injury to the inmates of the house. The lightning struck the {nstrument in Smith’s marine | telegraphic station at Hull, rendering it unfit for use. The operator was absent. : On Thursday night there was another thunder storm, bey and afier which « cold northeast rain storm pre- vailed. {From the Springfield Republican, May 1. The water commenced rising on thansiay? night, steadily increasing through the following days, and al 6 o'clock on Sabbath evening it had risen twenty feet bore low water mark—three or four inches higher than | in the great flood of 1843, and to the same height as in the memorable and disastrous flood of 1801, known as the ‘Jefferson flood;”’ and was still rising at the rate of | about three inches an hour. The water now almost washes the sad is floor of the old none bridge, almost as nearly up to that of the railroad bridge, though it is not considered that either are in immediate | ¢ basements of shops and dwelling houses along the bank wore filled with water, and several Irish families were driven out, with their and other live stock. _ The engine room of Messrs. is & Colton’s aash, blind | and door works is submerged, whieh wiil of course sua- pend vpeeemons till the water recedes. One of the tracks of the Hartford Railroad is entirely undermined by the | caving of the embankment for nearly two rods, at the foot of Elm street, but will be speedily repaired, so 13 | not to endanger the passage of trains. | _ In the south part of the city several streets and na- | merous cellars are flooded. The water flows back on the live of the “‘town brook” io B. K. Bliss’ garden, above | Central street, crorsing Main street at the Water Cure building, where it widens into an immense pond—cover- the fences and surrounding and filling the lower parts the ‘Lombard’’ gun shop building, the Water Care and other buildings. The water here is so extended and deep that itis only passable by boats, and a large basi- ness in ferrying people over was cone on Sunday. At this point, on Sunday evening, the flood was eighteen inches higher than that of 184%, and up te of 1801, On the West Springfield side sev ouses are com- ly surrounded by the rushing tide, which in many hea a clean breach over the topsof the fences. npants of some of the bouses were taken off im morning, and found safety in more fa The water in its extension over the Mend Agawam meadows, both above and bel y ot hank, presents the appearance of a Js0d inke, pad paust Mave done great damage to | | | | Gavel impeded. | visited this region for years. lands, ‘ences, and other A Sard of the id ave entirely under water. The embankment of the Western railrond forms barrier to the progress of the flood from the Sboveit to the houses and lands below, and the water pours in a faa x gt torrent ie the culvert built for the road leading from the old bridge to West Springfield, Yesterday the water poured through it with «ach vio- lence that. its roaring was distinetly heant in this city. and there was great fear that the rallrond embankment would be washed away, in which event the residents of that vicinity must have been in imminent danger. it is evident that the volume of water is much larger | than in either of the former great freshets, The cellars, even east of Main street, were filling on Sunday evening with baek water from the drains and sewers of the cit, rendering it necessary to remove merchandise and other property with all poseible haste, Among others who were compelled to remove their goods were Kibbe & Crane, corne. oford and Market streets, and E. Bigo- low, on Main It is fortunate that’ the river is clear of ico, a8 oth the damage, which 14 now caused only » woulo de immensely greater. At Fo evening the water had risen four inch- es in addition to the aveve, and wak still rising; while the rain continued to pour down without any signs of cessation. At Windser Locks, Conn., midway between here aud i 1, the upper locks of the canal had been carried away Sunday «fternoon, and the valuable factories and cr buildings along the canal banks were serivusly” th atened by the tlood of water that poured down the canal, THE STORM IN NEW JERSEY. {From the Newark Advertiser, may "i More accounis of the damages caused by the recent storm continue te reach as from all quarters. The up trains on the Morris and Essex railroad were detained se- yeral hours, first by a tnd slide at East Oraage, which fell as a freight train was and afterwards by the overtiowing of the track froma brook at Bouth Orange. At the latter place, the water washed over the track fiftvea | prayer of the petition, as inchos deep with such yelocity as to cagry large stones on it faster than they could be removed, and a passage was effected only by cutting a new ‘channel. Above Dover part of an embankment wall was carried away, 80 that parsengers are obliged to change cars at that place. It will be repaired to-day, and travel is ot herwise unin- terrupted. ft We hear of serious damages being done in this vicinity. At North Palloville, the large mill dam belonging to Wm. Curtis and Co.'s paper mill, was entirely washed away. Also a portion of Josepl: Kingsland’s grist mill, aud about ies at Franklin Lave suspended business for ‘on account of the disastrous effects of the he principal bridges on the public roads, both at North Pelleville and Franidin, over the mill streams, have been all carrie! away, and consequestly public ‘A heavy stone arch bridge, built at Franklin about ‘a year ago, which cost $1,000, was also carried away. The road at Belleville, in front of South Adams, for about half a mile, is enticely swept away. | ‘The river road from Belleville to North Belleville, is also under about three feet of water. It also broke through the Belleville dam, but the damage will probably be re- paired to-day. The water on the road, we understand, is still rising at the rate of six inches in two hours. The Bloomfield turnp'ke has been washed away in two places, just above and below 13. Hard’s Hotel. Another portion of the stone bridge at the north end of the city has cavedin. Nearly all the eastern abut- ment of this bridge was washed away by the storm of last August, carrying away the sidewalk with it. Itis now in a very dangerous condition, and the city may become Viable for damages in case of accident, should it be al- lowed to remain as it is much longer. The New Jersey Railroad escaped withont any serious injury. At Bordentown, on the Brunswick branch of the Camden and Amboy Kailroad, the water yesterday was as high as the axles of the cars. The Passaic river rose im- mensely during Saturday and Sunday, and a vast volume of water has since been pouring down at the rate of about cight miles an hour. It is even with the top of the docks, and so rapid as to resist almost entirely the flowing in of the tide, Boards, hogshends, carboys, &c., foated out to ken past Newark yesterday, from Belleville. At Paterson, the Passaic falls are said fo present magniticent view, Deing restored almost to their former greatness, A volume of water sixty feet wide pours over the rocks, and | falls fifty feet. The river has overflowed in many plas yon the meadows, but on them the damage is, of eourse, ight. FA raft of spars, lumber, &c., has lodged in the rail- Toad bridge draw, which prevents the passage of vessels. We learn by a gentleman from Paterson, that the three bridges st that place were threatened with destruction ‘n the train passed this morning. A large frame house floating down against the railroad bridge, and the river is full of lumber, barrels, &c. A break ‘was pur- posely made in the Morris Canal at a place where but lit- Ue damage would ensue, to let out the water, which other- wise would have broken the embankments in other places, where greater injury would have resulted. At Easton, the Delaware rose during the storm, and attained last night ® height of twenty-four feet above low water mark, being the highest since 1841. The freshet caused a great destruction of property, rafts being broken ap, houses inundated, &e. The rafting bu- siness has sufferod immensely. - The Belvidere Delaware railroad track was washed away in several places, so that travel on it was impossible, Mauy of the passengers came this morning by way of the Central Railroad, and others took stages to Philadelphia. The western division of the Peansylvania road was damaged so that a lo: time will be required for its repair. Along the Centra! Railroad on Thursday considerable damage was done by he wind to trees, fences and houses. That road has not, however, been in the least affected by the storm. STORM ON LAKE MICHIGAN—FOUR VESSELS WRECKED AND OTHERS ASUORB—SIX LIVES LOST. {From the Chicago Democrat, April 28.) Yesterday we experienced the heaviest siorm that has It commenced with a very ‘ednesday night, which changed to heavy rain storm on | Becone A len; the pe fatuanceg of intem the restriction of the grant of toxicating drinks, It stated icences for the of ‘in- » Was presented by Alderman Voorhis. sts absolute d In, except in those particular oales where takes away imy orality. y isl ‘be illegalit: doce not The sale of intoaicating drinks forbid len iy that the public good demands its continuance. ee thistraticis then, to logislat ito life, and to far- kof 3 which the State ‘you license men to do wrong, ¥ ‘uilt, Personal rosponeibility ‘ations, nor merged in the act t oiticial board. “Whenever you sign s Iiccnse, you become morally, and perlinpe Le accessories to all tho crimos Sod wrougs that may logi result from the sale 0 ‘This unruly ox the law both of d; but tho law of this State has If you open, wide that door, id yod the key of yon ey forhis gril aceds ‘ou must be hola resp ae! Hon concluded by praying person to retsil Higuor in the same place where provisi and femilyqroceries are fold. ‘The sale of liquor in such places 1s cd to be one of the greatort sources of evil no li le: Bod corruptionin the clay; ebiidren and female domestic tent to for family purchaser, fail within indi exces that naturally and almmoat weoesenriiy tend them dows to ruin. The Presipuyt asked, should the the Governors of the Almshouse? Alderman Vocxrms moved that the prayer of the peti- tion be granted. Alderman WArEMAN opposed the granting of the ¢ was not inclined to believe that this Board should pass the Maine Liquor law on their own hook. The petition was referred to the Com- mittee on Law. Several petitions for remission and corfection of taxes, for the appointment of Commissioners of Deeds, and other minor matters, were received, and referred to va- rious committees. ENCUNBERING STREETS AND SIDEWALKS. It was resolved, That the Committee on Ordinances in- quire into the prop of alteri the ordinances in relation to encumbering streets, so that merchants can do business witholt being continually annoyed. ‘TU EASTERN LINK OF THE BATTERY. A petition to alter the eastern line of the Battery ex- tension, with the consent of the contractors, was re- ceived and referred to Committee on Lands and Places. CAST IRON AWNING POSTS. A preamble and resolution against the erection of cast iron awning posts in any strect, lane, or alley in this city, and that all iron awning posts hereafter to be erected be made of wrought iron, and net less than three inches in diameter were received. Referred. A resolution, directing the Street Commissioner to re- port to the Board the names of all the parties who have taken the contract for paving the Tenth avenue, between Yortieth and Vorty fifth streets, and to examine the work, was offered by the Alderman of the Third ward, and carried, petition be referred to PAPERS CONCURRED 18. The report of the Committee of the Conneilmen, in favor of paying $125 to Johu Hayes and Nathan Smith as bell-ringers at Fourth avenue and 109th street bell tower, was concurred in ; report of Councilmen, in favor of opening Nincty-second street, from Second avenue to the East river. ‘The communtostion from the President of the New York Fire Department, with returns of elec- tions of four fire wardens ; in favor of procuring a lot for use of Hose Company No. 88 in favor of lighting Thames street with gas; of lighting Thirty-sixth an Thirty-eeventh streets, between Third and Fourth aye- nues, with oil; several other papers for lighting, making sewers, &e., were concurred in. REFERRED. Report of Committee on Fire Department, in favor of building house for use of Engine Company No. 47 ; of Committee on Sewers, in favor of sewer in Washington 8 between Rector and Carlisle streets ; in favor of building a new house for the uso of Engine Company 45 and Hook and Ladder Company No. 10; in favor of re- paving Twelfth District station house ; to flag Thirty- street, from Kighth to Ninth avenue; to lag Broome and East street. NEW BUILDING FOR THR ACCOMMODATION OF THE COURTS. ‘The report of the Committee of the Councilmen on the necessity for immediate action in the erection of build- | ings for the courts and officers who have been lately driven from their places of business by fire, was referred to a special committee previously appointed on the same subject. THR CROTON DAM ALL SAFB. The following communication from Mr. Craven, of the Croton Aqueduct Board, was received. ‘The dam is safe. The pipe bridge to gate house also untouched. The road bridge below the dam is carried away, with both the piers and one abutment. gone, and much of the retaining walls on each bank of the river—still there is no danger for the dam. I came down along the line as far as Yonkers, and found the earth covering considerably washed away in some places, but no material damage done. I would come to the office, but am suffering with a severe cold on my chest, taken last night while going to the dam. My horse and I got rather wet in crossing @ stream without a bridge. ”” communication was ordered on file. INVITATION FROM THE CRYSTAL PALACE. An invilation to the members of the Board to be pre- sent at the ve-inauguration and opening of the C:ystal | Talaceon Thursday, 4th of May, was received aud ac- a terrific gale of wind, from the north-northeast, without | rain, This gale soon brought a number of vessels uj lake. John Robertson, belonging P the Among them we noticed the brig Powhatan, Capt. sail vessel which has come through the Straits this sea- son. The Powhatan came in the north channel, and though she touched the bar got safely over. ‘The brig Enterprise also came in all right, having huz- | for the to T. Richmond, Esq., which | | arrived from Cleveland with a load of conl, being the first | ged the north pier close. Other vessels were not so for- _ tunate. The following failed to make the harbor, an were eompelled to let go their anchors below the pler:— Schooner Peter Doling, Capt. Macintosh, misse! the frag yo gh ‘entral Railroad Co.'s dock. All i safe. Steamer Franklin Moore, Capt. Guthrie, also anchored in Central Railroad Co.'s dock. All safe. Schooner Lizzie Throop, Capt. Clydosdell, loaded with | lumber, missed the pier, and anchored below; appears to | be in imminent danger. Schooner P. Hayden, Capt. Kerr, loaded with lumber, also missed the pler, and rides easy below. Brig Mary, Capt. Carey, loaded vith lumber. trom Green Bay, uissed the pier, and anchored below,but fel a heve up anchor and stood out, apparently all right. Schooner Rocky Mountain, Capt. Stoker, loaded with lumber, missed the pier, went ashore against the railroad breakwater, near the lower depot, and was dashed to pieces in a short time, scarce a vestige of her remaining. Her crew, seven in all, were sayed. She was insured the Chicago Mutual for $1,000. Her cargo consisted of 80,000 feet of lumber. Schooner Arrow, light, also missed the pier and an- chored below. She afterwards broke from her anchor- age, struck the outside pier of the Railroad Company’s works, immediately below the south pier, and then drift- ed off to the south and went ashore agal water. Her crew, consisting of five persons, g the breakwater, but we are sorry to say that two of the men were washed off inside the breakwater and drowned. Schooner Merchant, Captain Peter Christianson, from Port Washington, in coming in missed the pier, and being T logge., she became completely unmanage- able. She drifted down opposite the Central Railroad Company's dock, and in a short time capsized, -while begat four of the crew were taking in the fore top- others crept back, and with the remainder of the crew, eight in number, clung to the starboard ri ‘ signs of distress, and shouting to the people on shore. The ecene was painfully distressing. The iwost intense excitement prevailed on shore, which soon became lined with thousands from the city. The lifeboat of the pro- Illinois immediately ‘started to resoue the men, | But not being sufictentiy ‘mayned, was drifted ty tho wreck, and with difficulty made the southern pier of the ral works; some of these noble fellows were so ex- | hausted that it was with great difficulty they got out of the boat. “ee Another life-boat was, in the meantime, got ready by be es Pratt, of the steamer Globe, which was also quickly manned by five gallant fellows. This boat was more successful, and succeeded in saving three of the crew of the Merchant, including Captain Christianson. They were very much exhausted; in fact, unable to speak when brought on shore. The people cheered the crew of the life-boat heartily, but a sad and heary feel- ing seemed to press upon all present who were witnesses of the death of four of their fellow creatures, within a few yards of them, without having it in their’ power to render the least assistance. ‘The Merchant had a crew of eight persons, including the captain, part of whom met with a watery grave. The brig Olive Richmond, Captain Monroe, also missed the piers. She was licht, but notwithstanding Orifted rt to leeward, and at length went ashore against the preakwater. Her crew and passengers, among whom were a woman and child, were rescued, some of much exhausted. The Richmond will, it is feared, total loss. Her foremast is gone by the board, and is Founding badly. schooner Maine, Captain Foster, shared the fate the other vessels, and at last accounts was drifting ashore. Her foremast was cut away by the crew, in or- der to enable Ler to ride easily. She is in great danger. Other vessels are said to be coming up the lake, and it is feared that we will be called upon to record more casu- alities to-morrow. The storm continued with fury up to a late hour last evening. About 8 o'clock two other lifeboats were taken down to i a F | the beach, between the breakwater and railroad track, in order to be ready to save the lives of any sailors who had got on the breakwater. The men raved from the Merchant were taken charge of by Dr. Hehnuth, of the Marine Hospital, ll having advertised Sun, and warned people his wife in the Kosciusko Marg female’’ has addressed pot to trust her, that “ injured editor of that paper the following response:— Wo 18 Resvonsinis /—Mr. Roy: | tind in your paper an advertisement over the signature of T. Cottrell, fore- jenn warning all persons from sell count, and that i debt I may contract. I me anything on his ae- ider himself responsible wns altogether unneces- Mr. Cottreil to insert such an ardvertivement in your paper, for no ove who knows anything about his character will cred: onhis own account. 1 shall not degrade myself by ig to the scurrilous advertisement of a man who ha’ ars been ad on inmate of a whiskey dog: and Whose reputation, decency, ebaracter, and credit have left him tong since; buty 18 conclusion, I will 1n all persons from letting Mr, Thos. Cottrell have anythiug on my acgount, as Ihave heretofore pall his deb’s and supportef him, and cannot consistently with my own fedogs And in- | 5 terest do #0 any more MiMHA ANN MoCRARY, Carroll county, Merch 28, 1854. One of the men on the yard was washed off; the | ce; ted. NORTHWESTRRN DISPENSARY. A long debate arose on the receipt of the communica. tion from the Couneilmen, appropriating an annual do- nation of $1,000 to the Northwestern eral amendments were offered and negatived, and uiti- mately a resclution was adopted concurring’ with the Bowrd of Councilmen so fdr a8 granting the donation present, but striking out all after the words “iret of October next.’’ Ata quarter past @ o’clock the Board adjourned to Wednesday evening, at 6 o'clock. BOARD OF COUNCILMEN. The Board met on Monday, pursuant to adjournment, Councilman Edwin J. Brown in the chair, PETITIONS. By Councilman Prarsox—That sunken lots between 112th and 118th streets and First and Second avenues be filled up. Referred to Committee on Pablic Health. Of J, R. Walter and others, for sewer in Manhattan and eo streets. Referred. ‘or a sewer in Forsyth street, botween Grand and Broome strevts. Referred, $ REMONSTRANCES. Of Moses H. Grinnell and Robert Williams, a, granting the exclusive use of pier No, 37 North Ri “Or James W fi Of James Wares, against ing sidewalk before Nos. 179, 201 and 203 Bowery. Referee r — Perritt, against opening Seventy-fifth street. Re- ferred, ; Of Wm. C. Rhinelander and others, against the re- moval of Washington Market. Referred. RESOLUTIONS. By Councilman Coxovr—That the resolution adopted by this Board on the 7th of Aprii, remonstrating against the passage of a bill before the Legislature reorganizing the Fire Department by the appointment of five commis- sioners, be rescinded, as the members of the riment haye not asked for the same, and desire no such inter ference in this department of tho city legislation. Re- ferred. By Councilman Matrer—That the Committee on Law Department inquire into the report whether the laws of the State of New York are adequate to prevent fires in the city of New York, and whether any turther legisla- tion be required, and if so what legislation is required for the betier protection of life and property. Adopted. By Councilman Prarson—That the sunken lots in the vicinity of Third avenue and Seventy-nintl street be filled up. Referred. By Councilman ConovER—That it be referred to the Committee of Finance, to report on the expediency of creating a fund of $500,000, to be expended in paving the streets of New York with granite block pavement, or such other improved mode determined upon. Referred. EXCIRE LICENSES, ‘The following resolution was reported by the, Commit- tee on Law Department: — Resolved, it the counsel to the Keg) merge wee for the Commissioners of Excise, iz the city of New York, two distinct forms of license, vize:— First, ‘‘to keep an inn or tavern,”’ in which it shall be stated tbat it appears to the commiasioners that an inn or tavern is necessary for the accommodation of travel- he licensed, and that the person licensed iter; also, that the said license does not je of liquors, except for immediate use and consumption on the premises; and, Second, ‘‘to retail liquors,’’ in which it shall be stated that such license does not authorize the sale of liquors to be drank on the premises. Adopted—ayos 86, nays 10. An invitation to attend the opening exhibition at the Crystal Palace. Accepted. ‘the Boord then went into Committee of the Whole Adjourned to Friday next. inst iver. Court of General Sessions. Before Judge Becebe. EMPANNELMENT OF THE GRAND JURY—CHARGE OP THE COURT. May 2.—The Court resumed its sitting at the usual hour, but some difficulty having been encountered in the empacnelling of the jury, no business was transacted until the afternoon had set in. At length a quorum of the following gentlomen having been obtained, they were sworn In the usual and prescribed manner by the iy Clerk, Mr. Sparks, and answered to their names as fol- ws James T, Aspinwall, Foreman. Deniel D. Archer, Robert L. Murray, Poor) Regs ry ae OS er J. rt Isaac Tomy Gilbert Cleland, Joho Allen, Ebenezer Collamore, Sheldon W. ees Patrick Dickie, Richard 1. Baldwin, ‘Wm. T. Denman, George T. Jackson. To these gentiomen His Honor Judge Beebe. delivered avery brief charge, dwelling forcibly yon the various points required by law. He spoke as follows:— Gentlemen of the Grand Jury—By the law as it stands now, no defendant can be put upon trial in this Court unless the Grand Inquest of the county and city of New York have determined there is sufficient cause for his being arraigned before the b: The effect of this law fs such, that the actions of the Court are ina it mrensure governed by the actions of the Grand Jury. Our course of progress can be no more rapid or fast than the setions of tive Grand Inquest, It not unfre- quently bappens that the Court ia obliged, for the want of bills of indictment to act upon, to adjourn without érausecting any business. No one cou the difficulties that beset the Court from the fact of the jrand Inquest not being in session. They never fur- nish the Court with business as rapidly as itcan dis- pose of it. Now, one of the great secrets of doing away with erime is promytness of action. No thief, how. ever hardened, will perpetrate a erime to-day if to-inor- row he is certain of being on his way tothe State prison. leny this, because T hope to see in you a working Grand Allow me to say, on the part of the Court, that surance that, as fast a8 you prepare busi- nee of It. The Court cannot be overtur- thened, gentlemen; so I wish you to bear this fact in All of the outer apron of the dam is | nsary. Sev- paving as may be hereafter | to a ee impose upon you a it deal of labor. The Grand In- } quest is on important body, and tts duties are most im. portant. On referring to the ealeudar, I find the 7. a some forty ss await tion of Grand Jury. , however, | | be a small portion your work, for I have | made it custom to have commitments sent down to the Court from the magistrates justas fast | as they are made eut, instead of having them sent in | here once a month, as was formerly the custom. I un- | derstand from the District Attorney that there is a large amount of bail cases, which are generally disposed of in | the Court of Special Sessions, awaiting your action. The | law makes it incumbent on me to charge you upon sove- | ral points, or else I would not occupy your time any longer, | | i | | | seeing as 1 do before me many old grand jurors among you whe fully undersiand the Juties which, by law, they | tre obliged to perform. The first point on’ which I sl charge you is the subject of lotteries. Lotte: by the laws of this State, were abolished, as well ai all other gumes of chance mbling; and not only were they abolished, but it is the duty of the Court to charge you to make due and diligsise thguiry into any violations of | the statute, jam also obliged to charge you upon any | violation of the election laws, but as there will probably | be no violations of the elective franchise, you will not be | required to yy much atiention to this point. object that I shall call your attention to is that of the | usury laws, Tt has always been the law in this State, that’ the taking of more than seven per cent for money lent is declared a misdemeanor. Such cases a | be acted upon and carefully ‘scrutinized. ‘There | is another point—extortion—and this is where a | public officer takes more fees than the law allows him, | The taking, asking, or extorting more than the usual and | | lawful fee, is held’ by aw to be a misdemeanor, punish. able by fine or imprisonment. Another point which I Wish to call your attention to 18 this—that wherever a bill of indictment is found against the party, itis your duty to heep such proceeding secret, that’ the ends of jurtice may not be defeated by the osespe, perhaps, of the party under indictment. Indeed, gentlemen, it is’ a part of your oath: ‘ Your councils for fellows and your own, you will keep secret,” {s a part of youroath. Now, gen- tlemen, I will say another word in reference to the course of action it would be advisable for you toadopt, You will find that from the moment you become members of the Grand Inquest, there will be an outside influence or pressure sought to be brought to bear. Some men who have walice against their neighbors, often make the Grand Jury na instrument of their revenge, and by making an ex parte statement against persons, they hold them «ver afterwards in their power. Now, geutlemen, we have in our midst an abundance of police ficers who aro paid to investigate these mat- ers. Unless it is a exse called upon by the District Attorney, I for one, if I were a member of the Grand Inquest, would not pay any attention to it, except t is acase of great public importance, requiring your mediate action. Not unfrequenty the stain of an in- cictment rests for life upon a mau who may be entirely ‘nnocent of the charge imputed to him. If you will end to the District Attorney firat the prison cases and next the civil cases, you will find that the business of the court will proces’ much more rapidly, and in better order, than has sometimes been the case. You have, of course, the power to go outside of this, and it is not, perhaps, decorous in me to instruct you on this point ; but I hope, and am certain you will receive my sugges- tions with all courtesy, whén you take into consideration the motives that prompted mé tooffer them. In conclu- sion, I would say that it takes sixteen members to form a quorum, twelve votes to find a bill, and twelve to dismiss it. Let'me tell you, for the sake of expediting the busi- ness of the term, that where a case has becn examined thoroughly by the magistrate, there is no need of taking up your time by examining witnesses, or inquiring into it any further. There being ouly # quorum present, I will call another pane! to-morrow morning, so that any of you who may wish to be excused can do so without sus- pending the business. With these remarks, gentlemen, you may retire to your rooms. SENTENCED. Grand Larceny —Petor Wiley was tried and convicted | of stealing two fob chains, valued at $50, and was sen- tenced to three years confinement in the State prison. | Petit Larceny.—Robort Farrell pleaded guilty to petit | larceny, in having stolen a trunk well stocked with cloth- | ing, from the dwelling house No. 7 College place. Jud, ‘erred.—Murtah Murphy pleaded guilty to | stealing $50 trom his uncle. Judgment deferred. | Charge of Abduction.—Alexander Delom was placed at | the bar, charged with abducting and marrying, without | the consent of her parents, Eugenia Louisa Girod, daugh- ter of a Frenchman named Jacques Girod. The dangiter | of the complainant was, it appeared, not | idlsroeaneg | years of age, and not being wel! treated by her parents, | flew to her lover—the defendant—and implored him with | tears in her eyes to marry her He complied with her wishes, and the young couple were united in the holy bonds of wedlock. The jury ip this case, after patiently | hearing the evidence on both sides, rendered a verdict of Sequittal. ‘The happy pair then left the court in high spirits. The Court then adjourned for the day. 8 lal Term. upreme Court—Spect: Before Hon. Judge Roosevelt. IMPORTANT OPINION ON PLEADINGS. Max 2.—Cornclius 0. Vanderbilt ws. the Accessory Transit Company.—The defendants, it is supposed by a slip of pleader, have ‘made an implied admission in their answer, involving consequences to | the amount of seventy thousand dollars and upwards, contrary, it is alleged, to their intention, and coutcary to the iruih of the case; and they now seek by amendment, on such terms as rvs As re to restore themselves, as far as may be, to their original position. ‘The contract, among other things, was for the sale and delivery to the defendants of n large quantity of ‘rosiduary coal, un- derstood to be at the of deposit on the Atlantic and Pacific coasts of the Isthmus, where the steamships received their supplies. Of how many tons did this resi- dium consist—or rather with how many tons are aho | company chargable, is the main point in dispute. The steamships were sold to the company at a fixed price of $1,860,600, the coal at cost, to’ be paid for out of the first earnings of the ships, the plaintiff continuing in his new character of agent instead of principal to conduct the business of the line. It is alleged for him in his eomylaint—for be himself was absent in Euro) was filed—that the coals, &c., were ‘transferred and delivered to the campany, and that their value amounted atcost to, and had been liquidated between the parties at, $180,706 58,” and that $70,040 59.“ still remains due and unpaid.” The defendants in their answer, which seems te have been written with more passion than , “aver that the entire allegation in the 't as to the contract between them and the plain- | tif, excepting so far as the same relates to the purchase and sale of the vessels, and the purebase and sale of the coal, coal hulks, and fixtures, is totally and without qual- | ifcation untrue, Itis true, they continue, that defendants when it comp! | were to pay for the eoal, hulks, &c., out of the first earn. ings of the ships, but plaintitt was not to retain that amount; and defendants hay the same, and more ve than the same to said paint) and they add, ‘for the coal, hulks, fixtures, &c., the defendants owe nothing.” The question, then, is, Do these expressions, taken to- ther, contain or imply a denial that the coal account been liquidated between the parties at the amount | specified in the complaint, or, rather, do they, by the omission of any direct specific response to the avermeat | in that particular necessarily admit its truth? By the 168th section of the code it ia declared that “every material allegation of the complaint not controverted by the answer, as prescribed in section 149, shall, for the | purposes of the action, be taken as true.” Now, the i4vth section, thus referred to as defining the rule, does not require a specific, but a “general or specific denial of each material allegation of the complaint controverted by the defendant.’’ Can it then, be said—trying the an- swer by this rule—that it does not, in some sort, contro- vert the allegation of an account stated? It seems to me, with the extracts above quoted, that can hardly be said, especially by a court whose express duty it is made, in the | interpretation of Pleadings, to apply to them the most liberal principles of construction, with a view, not to the | overthrow, but to the establishment of “substantial jus- tice between the parties.”” That the answer is deficient in precision all can see, and even the defendants’ counsel does not deny. We may even allow it to be doubtful, in some respests, of the argument, whether it does or does not contain even a general response to the important | averment in question. That the arerment, however, was not int ‘be admitted is positi' sWorn; and that | it is not a fact, on this motion at least, is a just inference | from the same affidavits. Can the Court, , with pro- riety, let the pleadings remain in their present state? Win tt conduce to substantial justice to superadd to the original controversy another still more di ly doubtful, and the legal effect of the professional words in which’ that controv is expressed? When, says the Code, the allegations of pleading, whether it be an answer or a complaint, “are so indefinite or uncertain | that the precise nature of the cl or defence is not apparent, the Court may (with or without the motion of counsel, in its own discretion,) require the pleading to be made definite and certain by amend- ment. ’ It seems to me this is precisely such a case. The Iaintiff, it is true, insists that the time for amendment as gone by: and that, relying on the supposed admission, he has permitted two of his witnesses to dey the State without examination. “In fartheranoe of justice,” the Inw provides that amendments may be made at any time, even after judgment, by ‘correcting mistakes ’’ in any particular, or ‘ by inserting other allegations material to he case.’’ Terma, it is true, may be Im, on the moving party, and, in cases where are “ Sd 7 is the duty, a8 well as the right of the court to impose them. But with this qualification, the doctrine of amend- ment is to be liberally applied. The whole spirit of the in that respect it is but an emanation of the common sense of modern times—demands such & course of procedure. And the constitution of the State, I may add, which, in effect, requires little more of - titi than that he should be twenty-one years of age, greatly increases the necessity. Under this liberal—or, perhaps it may be called latit of tance, Sot tny mash be ly occur, ey m as that which act: the out of which, in some degree, they may originate. Technical exact on ‘the ir be ex- and ought no req! Eiitty'ere ‘obsolete; and the courts must be blind to de- feets and indulgent to amendments. Such, in my judg- ment, is the whieh the tem the times and of the country—and wisely, too, 1 believe—prescribes in these cases. The motion, therefore, of the defendants must be granted, but with this condition, that the amended answer shall be forthwith served, accompanied, by the payment of all costs, including reasonable coun- sel fees, to be certified by one of the Ji of the Court, and with a written stipulation that plaintiff on the trial may be » wituess fo his own behalf without objection as to competency, and subject to the usund cross-examination. Supreme Court. Before Hon. Judge Clerke. May 1.—Chas. Kiny and others agt. Jas. Selby West and others —Order to shoW ciuse dismissed, without prejudice to the judgment creditors of West to take any other course they may be advised to pursue. " In the Connectiout Saperior Court on the 20th ult., in the cave of Newell vs, New Haven railroad, for injaries received at Norwalk, the jury returned a verdict in favor of the plaintifl for $5,000 damages. It is said the com: | | Lany bad offered $7,000 to settle. of violation coming under your observation should | {hy | set on foot. } inte the follow! Fan a writ be issued Vietcr ew Morton, st r ‘tun, Esq., & for tue ner of the ot jut of the United sts ; or “df = vy re i im 10 return the recor him, in a case whereim aiphication was made by the master of siding in the State of New Jersey, for the arrest of ‘tho said apprentice as a fugitive from labor, in order to his ox! a to the State and service from which he had escaped. ‘ihe Commissioner, on the hearing of the case before him, decided that the acts of Congress of 1708 and thet deuce ct 10 the arrest of fugitives from labor, and TY up to the persons to witoi 5 vice, cid not apply to Sis come of a white ce an apprentice, re- to service ns am apprentice: mit peston bound application. For 2 thin reviewed ia this court the se nine east eternal » the for 9 writ of certiorari, By ee is now made which this motion is maintathed by applicant, is that the @ourt, being em; by law to issue a writ of certiorari, can employ it to the same pur- pose aud extent that courts of superior jurisdiction can at common law; and that a commissivner appointed this court being a judicial officer of inferior Jartsaesio2- it is within the province of the court, by means of a wrfk of to call before it and any error in hin proceedings. There are two fundamental errorsin this proposition :—-First—A commissioner, in the execution of e duties of bis office under the $e of Gocpiee athena , no legal ber 18, 1850, (9 Statutes at Large, 402, sense a magistrate inferior to the Circuit Court. No pro- vision is made in that act, or in any other, subjecting hie proceedings to the control or review of this court, nor are his functions declared to be subordinate to the au- thority of apy other tribunal. The court, in the appointment of commissioners, fulfils an agency imposed on it by Congress, and no more acquires thereby a a visory authority over him, or his proceedings in hia office, than’the President or Senate may" have over julgoe ap? ointed by them. H6is not even an officer of the court. cond—No authority is given to United States courts in express terms to issue a writ of certiorari. It 1s implied in their power to issue writs of scire facias, habeas cor- Pus, and all other writs, not specially provided for by statute, which may be necessary for the exercise of thel respective jurisdiction, and agreeable to the principles and usages of law. (I Stats. at Largo, 81-82, sec. | ‘T..e power is not inherent in the court. It is’ im by the statutory provision, and must be exercised under —_| be qualifications indicated by the law, and of course the writ can only be awarded as auxiliary to the exercise ofa | udicial authority over the case or subject matter to which it ig applied. The writ lies at common law from Chancery or the King’s Bench, only to inferior courts or magistrates, to transfer the subject matter to the cog- nizance of 's suporior judicature. (Fitzh. Nat, Brev, 145, 242.) The case may not be so removed, when itcannot proceeded in after removal. (1 Salk’ R.4145.) The Grreuit Court has power, by writ of error or appeal, to review and correct the judgment of a District Court; yot it cannot issue a certiorari to a District Court without @ixect authorization by statute. (2 Wheat. R., 325, 326.) The power granted the United States courte to issue writs of certiorari rests upon the same implica~ tion as that to award writs of mandamus. Yet itis not within their competency to issue @ mandamus to any magistrate under the provisions of the juliciary act, other than to those within the District of Columbia. (? Cranch R., 504; 6 Wheat., ‘309; 12 Peters, 824) “No power having been delegated by Congress to ‘the Ghreuit ourt to award a certiorari to magistrates or other off- cers, for the objects and to tho end proposed by this application, the relief asked for cannot be granted, ever if this case affords a proper occasion for the writ of com- mon law. It is, hewever, open to serious question whether, after ‘proceedings are wholly determined before a magistrate, the party defeated in those proceed ings could have relief at common law by writof ceriiorart. ‘The case would be no longer pending, and the Supreme Court, if by virtue of thte writ substituted in place of the « magistrate, could hardly be supposed to have authority to revive the litigation, and thus create an occasion for giving a proper decision. The writ would not be used to call ina full exhibition of the documents and_proceed- ings before the magistrate, but to invest the higher court with the cause itself, and enable it to reverse the former decision, or recall’ a concluded litigation in the manner of instituting a new one, and thus enabling itself to act in the case as if it were commenced here or brought up by writ of error or appeal. This is not a common law province of the writ of certiorari, espe- cially when the decision of the magistrate has no further efféct upon a party than to declare him non-suited, or that he made out no legal ground for the proceedings he Without discussing the case in this point of view, Tam clearly of the opinion, thet this court has no jurisdiction in the matter presented by the applica- tion on which it can order a writ of to be issued. The motion is accordingly denied. \ United States District Court. Before Hon. Judge Ingersoll. DECISION IN ADMIRALTY. Mar 1.—John S. Ray and Phillip W. Rockefeller ve. The Steamboat Washington, her Tackle, dc.—The steam- boat Peter Crary, owned by the libellants, came in eolli- sion in the evening of October 17, 1853, about 200 feet outside of piers Sand 6, in the ‘North river, with the- | steamboat Washington, by which the Crary was serious- iG injured, and to recover the damage occasioned to her thereby this suit was brought. The weather was calm and pleasant, with a gentle breeze, and the tide was flood. The ¢ was clear and ‘moonlight, and the channel unobstructeds The Crary was bound up the ri- ver to her berth, and the Washington was going round in‘o the East river. Both vessels were tow boats. libellants were, one of them the pilot and the other the engineer of the Peter Crary, and were both experienced in their business. The pilot of ihe Washington had ne- ver taken charge of a boat as pilot until about a woek be- ore the collision, having pres. peecosel f cooper, but or some mouths had occasionally taken wheel under he superintendence of the pilot. ‘The engineer of the Washington was also of questionable competency. Tho engine, however, was notin his charge at the time of collision. The libellants allege that, after whe Battery, the Crary took a atrai ee Pg? about 150 Ste cored that the Washington was farther out, or at least as far; the steered to the right accordi ¢ law, but that struck the Crary on thi aft of her stem. The coming up the river outside of the Washington ani denly turned in towards the piers, across the Washing- ton’s bows; and that after that nothing could have eon to avoid the \- ped but Ri done on the part of the Washi sion. The engine of the Washington was stop, not reversed, while that of the Crary was both and reversed. " Held by the Court, that under the elrevme stances of the collision it must have been occasioned by the aa of one feeds 4 That the W: ‘was not pro} o |, and the presumption is, there- fore, that he Tout Was on her part, and he mast, therefore, be held responsible for the collision, unless, the evidence on the part of the respondents is sufficient to reverse Set Ferien, That the weight of evi- dence in decir =A against the respondent, the state- ments of their witnesses being contradicted, both by facts about which there can be no serious dispute and by Gisinterested witnesses. That t) against the respondents is not and confirmed by the testimony, and collision was caused by the fault of those on board the Nsom ton, and that no fault is to be attributed to those charge of the Peter Crary. Decree, therefore, for the libellants for the amount of their damages, and refer- ence ordered to a commissioner to ascertain that amount, « Board of Supervisors, May 1.—His Honor the Recorder in the chair. ‘The minutes of the last meeting were read and approved. : COURT AccomODATION. A communication from M. P. Lyons, in relation to the new Court House, was received and referred to the Com- mittee on County Offices. The communication com- aye of the want of accommodation; the want of air tn summer, and the imposaibility of heating the building in winter. ‘NEWSPAPER BILLS. The Committee en County Offices, on re; ing several bills to newspapers for ad elections, state that upon an examination of statute, sec. 81, page 887 of volume 2, fourth edition Revised tutes,) it ap that “for publishing any other notice, or any order, citation, summons, or other ceeding or advertisement, required by law to be publish- ed in any newspaper, not’ more than dfty cents per folio for the first insertion, and twenty cents ot am for each subsequent insertion, after the first,”’ 8) be paid. Your committee find that the said section governs the payment of bills of all newspapers tor advertising the notices of elections. ey ire nave as one of She gomenlies, said that 6 law compel report, ough it waa his. interest’ aod is convictions, ‘be eee sererticleee advertisement: is bis. myer (ihe ‘Attas,) st the prices advertisemen! Pay a Jaid down in the section of the act, and he was Pep of the daily papers of any 10 do 80. ‘A communication from the Tax Commissioners was re- > ceived, setting forth the immediate necessity of furnish- ing them ices. The REGISTER’S ACCOUNT follow jution ‘That the Comnacher certain the the — and county of New York, in order that secured by the bond of that officer may be collected. A communication trom the Comptroller, in reply to reaolutiona inquiring why the Assessors were not increased , Was received and referred to on Annual Taxes. Tn comms Soy See per a, eg on nt, ices bon the recommendation oF the Judges, 'y ing of pay. ~ notlees of whose regard in this matter worthy of due coonieceteny pave armas fo ¢ the eoneluaion Joba Fu ~ nicl Hepburn, Henry ‘William rept P. Smith, Ainbrose De ‘Raward Rédward nom- Tvreratron To New Onveans.—A large ts have arrived in the city during the ber of im elty da v—ship Windemere, Li 408: sbip Mulbonse, from Havre, 426; ship Vaucluse, from Havre, 300; ship Chimboraso, from Havre, 829; ship Nathan Hanou, from Havre, 225— roaking total of 1,748; and besides these, the steamship United States, from Aspinwall, brought 140, the Empire City, from New York, 4 the Pampero is in the river with 100 more passengers, making # grand total of. 2,046 two days.—New Oricans Tre Deravirixe Navy Aout ix ParLapeirnta, The deficit in the accounts of Mr. William Sloanaker, who was Navy Agent in Philadelphia, under, the Inet it~ ministration, is,comewhere about $24,000. His accounts, as Coy A himeelf, admit nearly the whole of the balance claimed to be duc, we hear incidentally. It ia to be presumed that uniew his aWairs with the government are very speedily sated he will be duly prosecuted ander | the Sub-Treasury law