The New York Herald Newspaper, July 16, 1854, Page 8

* fore all claims not now presented are for ever baned. ‘The Sritish and American Joint Commision tn Lendon. (hcroipasnincs of tay Conries sng nent A now that our com i aad - cree Favorable Decision of the American Claim for Im. \ ™&¢ ponents in argument, although by Pending Duty on Rough Rice Torentons Mako LO means 80 prejudiced. Of Odtaining Testimony—Mi u the Duties of the Commission—The Fiorida Bond Case—Embarvrassment of Counsei--Lor Palmerston’s Good Will. The Joint Commission now sitting in this city for the adjustment of certain claims of American citi- Zena om the British government, snd of British sub- jects onthe American government, is very much engaged in investigating the cases before it. About one hundred and twenty have been presented, two- thirds being English, and several have been decided, bat as yet these decisions have not transpired ex- Cept in one or two instances. The British govern- ment has, I understand, agreed to refund the duty unjuatly imposed by it on reugh rice imported into this oountry by American merchants, and the sum tobe returned on that account amounts to forty ri nga pounds, or about two hundred thousand LJ = ‘The New York and New Haven Raltrosd Bonds, the Hartford Times, July 13.) by W. Bement, in which he says our atatement in regard to the bonds of the New York and New Ha- ven railroad is entirely incorrect. This contradic tion of our statement is itself untrue. In stating that these bonds have been put forth withont trus- tees, and without mortgage, and whenever the mapagers find it convenient to raise the wind, we made an entirely correct statement of an important Bement's denial is very obscure and equivocal. What does he mean by saying that “‘the bonda is- sued to take the place of cancelled bonds only passed through my bands on the receipt of matured onds.” We said nothing about ‘cancelled bonds.” How was it with the new issnes,Mr. Bement? The impression conveyed by your remark is that no bonds have been issued Speed ed replace cancelled bonds; whereas nothing can be more untrue. Mr. Bement ye “my signatare was necessary to the validity of the bonds.” If this is true, thea many of the bonds are not valid, for many of them, beyond all question, are afloat without his signatare, Mr. Bement says he signed none without ‘a vote of the board of directors.” Thia is the richest joke pat forth lately. Board of directors, forsooth ! whea it is well known that Robert Schuyler was virtual, “the board,” being notoriously captain, cook, aa “all bands” of the concern, while the rest of the nominal directors were bags of straw and humble tools put in to register his edicts. They have per- formed their appointed function as leecues on the road, and having sucked the orange dry, stand jy to throw the peel away, provided they can k off their responsibility to the plandered atock- | holders, tor a most gross. and unexampled neglect of their trust, which is by no means certain that th vill be able to do. ad of dealing in obseure ard equivocal de- nials, why does not Mr Bement state the whole amount of bonds afloat with his genuine signature, just to let the public know how near!y it agrees with Schoyier’s false statewent? Will Mr. Bement be good enough to inform the public whether he has not generally first signed these bouds in batches of tenor twenty thousand doll, d then passed them over to be signed by nyler, aud then issued by “the board,” that is, buyler? it is well known that these bonds without mort- are mere notes of hand which cau be as easily terfeited and passed from hand to haud aaa te. Itis pretended that Sciuyler with his Thia claim was refused for many years by this government, and it was brought home to them in a characteristically American manuer. By the treaty Of 1815 it was agreed that rough rice should be ad- mitted into Great Britain in American vessels ou the game terms granted to the most favored nations, This fact was pliin, and was acted upon by several American shippers. The rice was admitted, but | not duty free, as the shippers had reagon to suppose. They were aware that rice imported from one of the English provinces on tae African coast was | exempt from duty, and claimed the admission of under the treaty on the same terms asa right. right was never devied by Great Britain, but that government did deny that these African colonies were ‘80 favored, ana therefore imposed a high rate of duty. The American merchants being confideat they Were correct, peid the demand wader protest; aud 9 last, finding there was no disposition on the part of Nand to return the money so unjustly exacted, except on the most positive evidence that it was wrongfully demanded, sent a vesse! laden with rough Tice to Sierre Leone, and there sold the cargo, re- bought it, and shipped it inaa American bottom to Londou, where it was admitted duty cout ing from an English A y f cleatiy established, and when brought before the Commission, the claim was allowed, and the matter settied by refunding the duty so long and go uu- justly demanded. The papers proving thia tra action were British, aud couseyuently their veracity was not denied. ‘The objects and jurisdiction of this Commission do aot appear to be properly understood at home, and claims are being received here daily thut can neither be presented nor asted upon by the gentle- men com}; Osing the body. Many of those sent for- war are excluded by their age, the last clause of the Second Article, positively declares “that no claim arising out of any transaction of a date prior tothe 24th of December, 1314, shall be admissible under this Convention.” And in the third Article it is state i that all claims must be presented within six months from the day of the meetin, Commission, uniess y case Where reasous for delay shall be established to the satisfaction of the iasioners, or the arbitrator, or umpive; ard in such case the period for prese if the claim may be extended to any time not ex: ling three montha longer. Now as the Commission held its first meet- ing ou the 15th of ed per Blies last, the six months expired on the 15th of March, and the additional three months terminated on the 15th inst. There- iv o crime would not have availed himself asiest and most of al! expedieuts at his com- mand for raising money? This method of issuing bonds without mortgage or security and only one siguatare except that of the great rascal who con- trolled th asue, is in perfect keeping with the rest of the management cf this unfortuaate com pany. : Now, the industrious directors have begun to en- lighten the public—let them give us the whole truth; and not by piecemeal, nor in the blind and bluadering “ cards” of their outside agents. We never entertained the slightest doubt that this “‘company’’ or ‘the board” baye “received the avails” whether spurious or genuine. It is due to the honor of the State where this company was chartered, as well as to the numerous stockholders who have been plundered of a valuable property by the unprecedented villany and gross neglect of the Wall street management, that every nook and corner of that extraordinary management should be ferreted out and brought to the light of day. Such has been the gross neglect displayed by. the directors and confidential associates of Schuyler, not merely in not preventing, but in absolutely thrusting unusual and enormous facilities for frand — @ great rascal; such, the glaring and undenia- ble absence of even that ordinary degree of care which the law demands of all men in that position, that Scarcell s doubt is entertained by the soundest lawyers in this State, of their personal responsibi- lity in this case, and of their liability to refund to the plundered stockholders the losses incurred in consequence of their gross and culpable careless- ness. = EE Of those before the Commission, the Florida bond case is considered one of the most important, as it involves points of Jaw the English elther will not or ‘cannot understand. The case was argued on Wednesday before the Commision, there being eeveral bondholders presqnt. These were repre- sented by three able counsel, against whom J. Addi- son Thomas, Esq., tke counsel and agent of the American government, contended single handed. Theclaimant; under these bonds insist, that aa Fiorida was under a territorial government at the time of their issue, whose acts were subject to the Approval or rejection of Congress, the United States therefore are legally, equitably, and morally bound to pay them. In order to sustain this posi- tioa, rgument was used, and much Stateand tederal quoted, both relevant and irrelevant to the care. Tbe counsel plunged along through this confused stream of varied authority with all the energy of a buffalo in a muddy current, and without making point much clearer than mud. The three argued alike, and what one said isa sample of what was uttered by the next. One contended thatthe ere council was ehosen by the people, and considered that a good reas why the United States governinent ought to Len Here bonds; and yet he afterwards strove to show that the American go- vernmevt should pay them because the Governor of the Territory held his office from the President; and thua, by his own reasoning, brought the ead and the federal 1 ih directly into contact. These gen- tlemen displayed an extensive knowledge of Ameri- Cau law, as commented upon by Story, Kent and Sedgwick, but neither of them seemed to understand that the American general government is a power delegated by the people and the States of the con racy. They all hang to the old Lnglish notion that Goverment is the source of poner, which it dele- gates to the people, instead of the people being the poasessors of a power, a portion which they dele- gate to the government. A leading point, and one stroug fy insisted upon, -is that the federal govern- ment, admittiog Florida into the Union, with its preseat constitution, openly, though not ex- pressiy, assumed the debts of the Territory. In tact, the Bias counsel hung their case on ever: loop tuat ned, and like good pleaders did their best for their clients. One of them, who appeared on the part of the heirs of the late Mr. James Hol- ford, a wealthy merchant recently deceased, ia- sisted apon the liability of the American govern- meat for the $30,000 worth of bonds held by his clienta, because the said feerngetonan to pay Snobism in New York. (From the Buffalo Advertiser, July 14.} The fate of Mr. Schuyler furnishes a whole ser- mon to snobs everywhere, and eg] lly in New York, which may be listened to with pro! ih eae large and increasing class of persons. ‘The family of wyler is one of the most respectable in the country, and so far this man differs from most of those who build extravagant houses, drive expen- sive equipager, and dash and spend the money of other people, in that most snobish of all cities— the meat, noisy, dirty city of New York. Occa- Bi ly one of the “ aristocracy” comes down with a rosh, and then there Moen a scene of extraya- See folly and fraud, it appals the public who ve in quiet country villages, or dwell upon the broad farms in the rural districts, who have heard with wonder of the noble mansions, and the many servants, and the gold and silver of these nr lords. And so it is that extravagance and a (ooliah de- sire to live in large houses, and own grand carriages —to outdo one another in these things, besides be- ing ridiculous in itself, brings the miserable family that try it down to beggary and ruin, or entail upon their children habits and notions of life that utterly destroy them. It is the great prevailing vice of this time—it may indeed be called the grand character- istic of the times. It is manifested more or less in all our cities and villages, and its influences is seen in the debasement of men and women, and the com- plete ruin of children. Every successful speculator, or fortune operator, must imitate, and if possible excel, his neighbor the lucky banker or money making grocer; and to do this without regard to expenee, away they go into the marhle acd satin, the rosews and silver, keep extravagant car- viages with horees to match, and give parties where Brussels and Wilton outvie in their color the are headed conspicuously “ United States of Ame- | Silks and the wine which make up the chief part of rica,” body of the bond makes no al- | the entertainment. Up goes the new house, with Jusiea to. government, all the decoration which a vulgar or a refined taste ‘The defence of General Thomas, the American counsel, was able and to the point. He declared the claim inadmissible, and urged that the British goverument 60 considered it, and hence had never resented it to the United States. He stated that was a just debt, and that Florida only was liable forit. Herefuted the assertion that the people of Florida were the agents of the United States, as had * by one of the counsel for claimants, and roved incontestib’e authority, and by the Eiissest reasoning, that the people of that Terri- may suggest. Up it goes into the air a huge pile, or a fantastic reaidence, but not a room in it for the comfort of the owner and his family—all of it for show and the public gaze. The women flaunt about in lace and lazinese, or recline upon soft cushions in fine carriages, neither knowing nor caring whether the money that keeps them up be stolen or honestly gained. woes are happy in Fifth ave- nue glory, and the fact that they dash as mnch ag the richest of their neighbors. For an American of fortune—real solid fortune—to dash into all this ex- tory, at the*time tbe bonds were iasned, were their | travagance is folly; but that man is guilty of down- own agents; and consequently they, and they | tight wickedness who, upon a little money goes to alone, are responsible for the claim. He contended, | such vast and foolish expense ; for he rust rob very Togically, that euch wasthe opinion of the pur- | Somebody to carry out his plans; or if he has enough chasers of the bonds at the time they were bought, | to warrant it all, his cnildren, when his fortune is the price being a strong proof of the fact. For at divided among them, will have all the silly and ex- that Thited States stock was selling ata | travagant notions of their father, without his mone to give them reality. Out of all this miserable life there springs evils worse than bankruptcy. The sins of the father are visited upon the children to the third generation. Of what use to society are the children of such people? Sons who have been educated to believe that al! this splendor constitutes thejbest of life, and that fast horses and champagne are emblematic of high life. Daughters brought up by a silly, ridiculous mother, who glories in her car- pets and curtaivs, her carriage and her parties, and the fashionable training of her children. Nice creatures these for a life battle, in « world where energy and industry and endurance are worth to them more than all the airs, graces and style that they learned in the paternal drawing | of foreign masters. Out of this stragule to ex- cel in this sort of Jife, there springs, too, fraud and chicanery, and all manner of crime ; for in the contest, gold, gold, is the end and aim of all | —the means are not regarded. The sensible | part of the community langh at this folly, and | ™y loudly, too, at coarse vulgarity paradin; itself in gay equipages, and moving about wi all the aire and afiectations of snobbish high life people elevated above their fellows by a stock eoere or a rise in town lots, and rejoicing thereafter in feoky vehicles and in gaudy houses, 5 ese bonds were sold, so far as Can be ascertained, at considerably less than what waa called for on their face. His argument was = aud tothe purpose, but the English audi- rs would not receive his law. The debt is due, and they wisely think Uncle Sim responsible tor ali the debta of his children, whether he entertains the eame opinion or not. Aa the points of argument differ, this caae will become matter for the umpire. The counsel will be obliged to write out their speeches, and in that event months must elapse before a decision can be bad. So farthere have been no cases settled, ex- cept what were plain, and three-fourths of all will most likely go to Mr. Bates for his opinion. Eug- claims, i their commissioner | follows directly in Lord Palmerston’s track. That | statesman ie most decidedly opposed to the Ameri- | can nt, although the contrary opinion is somewhat prevalent in America, and he never yet allowed an American claim, no matter how well it I have been founded. He has aystematicaily { fended the British naval officers in ft outrages on American commerce on the coast of Africa and elsewhere; and if his freebooting min- | ions cannot concoct a defence of their raszality, he | ir piratical {= does it for them. If they made fools of themselves alone, it would Ina ical biography of bim, lately published, | all be proper Me Bot the effect upon their it is enid that “his sixteen years of Foreign Secre- | commer we Ln Bd echle dreaded, 8 a i ittempt | 7 a man’s heirs sales: ence, W isd'hay aeatne phsiorm4 hpi veal me all his estate after death, unless Nisponea of who ever had transactions witn him, mast contirm | Will, and where the chances are that property wil ia as recovered 50 far from the effects of the wound upon his wrist aato be present and testify at the exami- nation —St. Lowis Demoerat, July V1. Fl ive if arrears on British territory, ree evidence of an ‘American, implicate a British rinion in some 2 MoRper at Brrpsize’s Connrns—We learn that aman by the name of Leonard Carver stabbed another man by the name of Milakiah Sayder, at Birdalee’s Coraers, in Tompkins connty, on Thare day last. Itgeems tha: Carver was whipping his } decia: "i stanc not remain in the family beyond the second genera- pot a aanesuiy Gingsiition. Semone = Wale | tion, it is utter folly to buita alaces to tive“in: far Bate, and in his sixteen years in the Foreign Of. | better would it be to expend the same money in fice he has justified the forcible impreasment of sea- | building schools or founding asylums, the benefit of | men from American veasela on the high seas, the | Which the rich man’s heire may need. On, on, plunder of American vessels sogaged in legitimate | goes our American life! helter skelter—hurly commerce on the coast of Africa, robbery of an irly—on it goes! Dash—jmake a sensat t American citizen by a British consul at Rio, insult | money——honestly if can-but get money—eda- Offered to the American flag by English officers, the | cate children after the same fashion, an’ then die in irons of an American captain by an | and be forgotten i wale coat by nat eit et meee Disc arcry.—Kelly, thé second engineer, who having Merely danced her; and the Fepenten | bad the terrible affray with the stewards on board Of American fishing vessels by the Nova | the steamer (. W. Sparhawk, killing one of Seotia authorities, acorn le sneers at | *nd mney wounding the other, had his examina- the American flag in bis hes to our govern: | tion before Justice Da Breuil on last Saturday, and ment, as “‘a piece of striped bunting;” considera it | Was dischai on the ground that the killing was fo deprive Americana of a particular descrip: | but an act of self-defence. The second steward had } } } i F F 5 E ‘it ie not in bie nature, that | wile, when, the deceased interfering, was turned ‘operates with ours in this convention for the settie- | upon by the beute, and stabbed, causing his death reoat Of Claims, mokes it a point of religions duty to | the nextday. Carver has been sted Leom tow Palmerston as conty ss cireamatances will | mitted to the Ithica Joi! to await téal for ot. tow. He takes cure of Toon Holl’s intetesta, while | Avbwrn Ade. \ ‘There isa card in the New York papers signed | fact which was not generally known before. Mr. | ‘The Temperance Movement, were arp the late State Temperance Convention, at Athens, Ga:— Whereas, The retail traffic in Liquor, under the present system, p! in the hands of dangerous to the public, without regard to the wants of the com- munity in whieh the traffic is carried on. Therefore, Resoived, That the it license law should be #0 | far moditicd as to P ce in the hands prong courte Corporations at it having it grant leente, the right to withoold license in all cases where thev sce proper to do so. Resolved, That the friends of temperance, in the different counties, be urgently requested to use their in- fluence to return members to the next Legislature, favora- ble to a law in accordance with the above resolution. ‘The officers for the ensuing year are:— For President. -L. D, Lailerstedt. | Vice“ lst Distric .Wm. King, oe Hf 2d 2 Dr, A. Means. ent Sw oem me ne sad 4th 7 . gy aftoy stile OM . A. H. Shuford. ‘ ll + ae L. Newton. me ¥ ith « C. Barnet. TR eR . F. Metcalf. Recording Secretary. . Brown. Assistant iad ° M. Kenney. Corresponding “ J. 8. Peterson. ‘Treasurer....... -B. Brantley. The next convention will meet in Marietta on the Rehg! * igence. Pasko, Wainwright will hold a confirmation in the Astor place Protestant Bolacdyal Miasion Charch, thia evening, et 74 o'cloc! INSTALLATIONS, Rev. J. W. Bessions, late pastor in West Suffield, Cona., was installed over the Congregational Chuach in West Woodstock, Conn., on the 29th ult. Rey. Merrick Kaight was installed pastor of the Cougregational Church in Hebrou, Conn., on the 28th ult. ‘ Rey. O. V. McLean, recently of the Presbytery of Cartisie, having in the asual manner been received aa 8 member of Presbytery, was duly installed pastor of the cougregation of Huntington. Ip the instal- lation service Rev. D. X. Junkin, D.D., preached the sermor. Bey. D. F. Waldo, late of Poughkeepsie, New York, bas been installed pastor of the Congrega- tional Church in North Brookfield, Mass, Elder BM. Winston, formerly pastor of the Baptist Church at Charlottesville, Va., and more recently of a congregation in New York, entered upon his duties, last Sabbath,as pastor of the Cumberland street Baptist Church at Norfolk. ev. F. S. Howe was installed as pastor of the Fi: Yresbyterian Church at Vienna, Ontario county, New York, June 29, by the Presbytery of Geneva. Rey. T, R.G. Peck was installed pastor of tke Dutch Church in Richmond, Staten Island, on the td inst. Sermon by Dr. Vermilye. INVITATIONS. Rev. Robert P. Rogers, of Boston, has received and accepted an invitation from the First Pariah in Gloucester, to become their pastor. Rey. Leander Thompson has received a call from the Orthodox Church in West eoerart! to become their pastor. Mr. Thompson is wel! known as a moat successful missionary in Smyrna, where he la- bored for several years until ill health compelled his return. Rev. Milton Buttolph, late of Painted Post, has accepted an invitation to labor in the Presbyterian church of Castile, and has removed to that piace. Rey. Moses Ballou, of Bridgeport, bas accepted a call of the First Independent Universalist Church of Hertford, and will enter upon his duties as their pastor today. Rev, Gurden W. Noyes, late of Cornwall, Vt., has been invited to become colleague with Rev. Dr. Stiles, of New Haven. Rev. E. De Voe, Universalist, has been engaged to preach in Marshall and Oriskany Falls, New York, one half the time each for the ensuing year. Rev. E. Taylor, of Lansingburg, New York, has de- clined a call to the Congregational Church at Kala mazoo, Mich. +. The Rey. John NcShane, late curate of Killeavy, Armagh, Ireland, has been appointed by the Right | Rey, Dr. enatey: Bishop of Atbany, to Saratoga | Springs, New York. Rev. S. Lansing Burrougha, of Philadelphia, has accepted the call of the First Baptist church of Ricbinond, and will enter upon the Cees Bags his official duties on the first Sabbath in O. next, Rev. J. H. Manning, formerly of New Brunswick, has received and accepted a call to a Reformed Dutch chareh in Brooklyn. ORDINATIONS. Rey. Mr. Monsalvatge, a converted Spaniard, waa ordained by the Presbytery of Brooklyn on Friday evening. M. is to go acon as a missionary to South America, for the American and Foreign Ghristian Union. Mr. Albert Beebe, a licentiate of the Preabytery of Chenango, was ordained to the work of the gos | pel ministry among the Armenians in Turkey, at a Sencial acting: of that Presbytery held at Guilford june Mr. John Henry Brodt,a graduate of Union Theo- logical Seminary, was ordained by the Presbytery of Troy, at an adjourned meeting held in the First | Presbyterian church, Troy, June 29th, as an evan- | gelist, to labor in California. Mr. Jobn Kelly was ordained as a missionary to Africa by the O. S. Presbytery of Washington, at the Forks of Wheeling, Pa., June 25th. Mr Sanford Richardson, of Union Theological Seminary, and a licentiate of the Third Preabytery of New York, was ordained as an evangelist to preach the gospel in a foreign land, by the Presby- tery of Peoria and Knox, at Tremont, Ill., June 24. Rev.Wm.E. Jones was ordained by the Presbytery of Troy, on the 22d of June, snd installed as pastor oj the O. 8. church in Green Island, N. Y. RESIGNATIONS, Rey. Mr. Sweet, of St. Paal’s Episcopal Church, Fond du Lac, has been com; to resign his charge on account of ill health. {t is a matter of re- gret to his Sond iegationy as he has been with them since the organization of the parish. Rev. James Thurston has resigned the ‘oral charge of the Allen Street Charch in Cambridge. Rev. S. G. Mason, pastor of the Firet Baptist Church in Petersburg has resigned. DISMISSAL. Rey. Ay em hf sg hnaeger ys hey his own juest, pei jarge of tl a tional Chareh in Chicopee Falls, Mass.,on the 5th inst. Rev. James R. Smith was dismissed from the pas- torate of the 0. 8. Church in Hilands, Penn., and accepted the post of minister to the Bethel C! in Pittsburg. DEATHS IN THE MINISTRY. The Rev. Mr. Shock of the M. E. Church at New Brooklyn, Camden ep ig fw very suddenly, a day or two since, it is said, of cholera. | _ Rey. John Slade, of the Methodist Church, died in Thomas county, Ga., on the 25th ult. NEW CHURCHES, The Unitarian Society of Rockport, under charge | of Rev. A. C. L. Arnold, intend erecti a new | church this fall, their present one not ing suffi- cient for the accommodation of the congregation now worshiping there. The Universalist Church in Springfield, Ml., are about erecting a new and commodious house of wor- ehip. Phew Catholic church, of Gothic style, is bein, built in Alton. When completed, it will be one ol the finest in the West. The cornerstone of an Old School church was laid at Belmon’, Philadelphia, on the 27th ult. MISCELLANEOUS. A conference meeting of much interest was held at the First Baptist Church, Rochester, on Wednes- day evening. The object of the meeting was to consider the prevailing want of miniaters, and to discuss means and measures to provide for the desti- tution. Rey. Messra. Sampson, of Washington, D.C., Hewson, Wilson and Edwards, of Canada, Warren, 3 > f 2 : E i poten cay Seminary. fe ‘ip, and hold a concert of prayer for bong and young men Yetudying for the Ministry, on last Thursday of February. Diocrsr or lowa.—The Rev. Dr. Lee has replied to official notice of his election to the Jowa, to the effect that, inasmuch aa the in is & contested one, he shail defer his until the constituted authorities of the church shall have con- firmed the action of the Iowa Convention. These authorities are the biahops and st g commit: tees throughout the United States, a Soerity of whom must sanction any election in order to make them | it valid. Until this is done, Dr. Lee feels that he has no responsibility to assume, one way of the | other. In some of the dioceses the Tequiaite canoni- | cal action has already taken place, and the election | been confirmed; and the probability is that yery few, if any, of the bishops or cominttbees will refase their consent. The points raixed by Bishop Kemper | and others against the regularity of the election, have already been overruled by the church in pte- | vious cares of the same kind.— Rochester Democrat. Rey. 8. R. Wright, late « Presbyterian minister, hos been admitied to the order of Deacon, by Bishop Cobb, of Alabarua. Rey. A. F. Neville Rolfe waa recently admitted to Hrd priesthood, in Raleigh, N. C., by Bishop At iveon. ‘The thi:ty-fth annual convention of the Protes- tont Npiscopal church in the Diocese of Maine met ia St. Joha’s Charch, Bangor, on the 12th tast. Supertor Conrt—General Term. idtiee ENE Tages BUT, Beceoves ond Cleve, SAMURL F. TRACY V8. ANN &. Vanes, By ras Coves—Roossvait, Yates is , sued as one of the alleged stockh: of an in- it cS denies the fe i . The cause wee tried at « circuit court beld in December, 1851. Under the of the a verdict was rendered for the for J aes ‘cl and a bill of exceptions having been Fee the defendant, the canse is now brought before the general term on appeal. Alth: a great many points have been raised and argued, fhe controlling question, it seems tome, and the only one necessary to be disposed of, is, was Mrs. Y within the meaning of the law, so as to subject her to liability for the debts due from the corpora- tion to the plaintiff? The act of 1848, pro- viding for the voluntary formation of incoporated manufacturing companies, declares that any three ‘or more persons, upon filing the proper certificate, duly signed and acknow! by them shali become a body corporate. The certificate under which the manofacturing company in question organized it- eelf, was not, and did not purport to be, signed by Mre. Yates. She was therefore clearly not gn ori- ginal stockholder; or rather, more properly speak yng, not an original corporator. How, then, and when, did she become a stockholder? Her stock | certificate bears date, and was issned, on the 4th of March, 1850; whereas the notes on which this suit is abe and the sales in respect of which they | were given, are all of a date prior to the 15tbhof January. The plaintiff Ness, in hia replica- tioa “ avers that the defendant held auch stock, and was such etockholder, prior and subsequent to said sales and the giving of said notes.” It appears, however, to have been the practice of the company | to give receipts at first, instead of the more formal certificatee, But the President «wears he ‘never signed a receipt for stock for Mrs. Yates.” Still a receipt ven to her, dated October 20, 1549, signed “ D. W. Townsend, Trustee.” No authority in Townsend to bind the Poa in that manner was shown, and the paper itself merely states that he, Towneend, bad received from Mrs. Yates her note darted Oct. 1, for five mouths, for $5,000; which, when paid, wiil be in full for fifty shares of the eee stock of the New York Croton and Steam t Manufacturing Company.” 60 that even if Townsend had authority—one trustee to bind five—the agreement was to sell prospectively and conditionally. And accordingly no stock certi- ficate was issued to Mrs. Yates until the 4th of March—the day oa which the note matured and was paid. It teems to me clear, therefore, that she was not a stockholder, if ever, within the meaning of the statute, until that day; and that the credit given by the plaintiff to the company, being all an- tecedent, wa not founded upon any responsibility actual or supposed on her part to pay the debt or | any poition of it. On the trial it was eought to | make her a stockholder as eariy as Oct. 1, 1849, and alleged entries of that date in the company’s books | were HBr in evidence for that purpose, It ap- peared that these entries were not original snb- acriptions; that they were copied some weeks after the lst from loose memoranda; and, what is still more decfsive. that the company, as a corpo- ration, (a circumstance strangely overlooked at the trial.) had no existenoe, if ever, until the 15th, when the articles of association were filed in the office of the Secretary of State. Assuming, then, that Mre, Yates. if ever, became a stockbolder on and not Kefore the 4th of March, long after the plaintiff's sale to the company, is she, nevertheless, liable in this suit merely because she may have been a stockholder when it was institut. ed? The statute (sec. 10) declares that all the stockholders of every company in ted under it sball be individually liable for all the debts of the company to an amount equal to the amount of stock hela by them respectively, until the whole igieey sball bave been paid in, and a certificate to that effect duly recorded. And such nt, on pain of dissolution, is required to. be paid one-half in one year, and the residue in two years, from the time of incoi tion, and in money, and ‘nothing but mo- ney.” There would seem to be a manifest equity on the one hand in charging members of the com- pany with “debts contracted by such company,” while they were membere; and on the other, a mani- er byw in charging those who came in after with debts contracted before. This principle, also, is clearly recognized in the twenty-fourth section of the act, which provides that no guit shall be brought oo any stockholder who shall cease to be such, (for any debt,) unless commenced within two years “from the time he shall have ceased to be a stock- holder:” thus showing that a tranefer of stock was not to be deemed a transfer of liability: and it will hardly be contended that the tranefer, although not discharging the just and proper liability of the trans: ferer, superadded for the same debt the liability of the transferee. Persona trusting these companies j me pte to do so partly on fle faith of the stock, and partly on the faith of the stokholders. And, accor ingiys the act (§ 25) provides that a book, open at ail times to the inspection of credi- tors, shall be kept by the company, containing the names of all persons who are, or within six years shall have been, stockholders, showing the number of shares of each, the places of their residence, and the times when they became the owneis of such shares, and the amount of stock actually paid in. How, then, with such a provision in his favor, could a creditor be presumed to part with his property on the faith of subsequent stockboiders, over whose selection he bad no control, and whose-solvency or insolvency he could no possibility foresee or even conjecture? And if not, what equity is there in allowing him to sue those whom he trusted and those whom he did not? In this case, too, there appears to be a peculiar hardebip on tne defendant. She has not only paid up her shares in full, thus losing her whole-$5,000, but is now calledton to pay $5,000 more; and that on accountof whatwheconceives to be, and, on the trial, offered togprovesto be, a mere -ewindle, con- trived by Minn bol api of the pretended corpora- } tion. In mywiew.as already Ssuggested, there is no-equity i js claim, as against her, and no rale ofinterpretation, which, when mor applied to the language ofthe statute as matter of strict law, can render her . The proper persons (if the facts be aa the defendant offered to prove) to be sued by the creditors, are the individuals who contrived the ease fraud and profited by its accomplishment. To them the plaintiff should look. They framed the articles of association, and under their own hands certified and declared to the public that “they had formed the New York Croton and Steam Faucet Mauufac- turing Comny And it would be P ciampetd fit and pro hat they who raised the steam and as- sumed its control, should bear the consequences, whether designed or not, of the explosion. At all events, in our view, the defendant is not liable. A new trial must therefore be ordered. Coroners’ Inques! Kuriep py A RuxawaY Horsk.—Coroner Gambie yes- terday held an inquest at the residence of Mr. McC 101 Fast Twenty-Hfth street, upon the body of Mary McCrink, who came to her death by injuries received by a rune) ey horse, en Third avenue, at the corner of Twenty h street, on the 13th of July, 1854. The jury believed the horse to ager to jel McCauley, 207 Third avenue, as was adduced in evidence —Mr. McCrink, about 50’clock on Thursda; 4 at work be- tween Lexington and Third avenues, in Twenty ninth strect, when he saw a crowd in a drug store on ‘Twenty-ninth street, and went to see what it was, but being unable to get into the store he left and went back to his work. He was then told his wife had been run over, and was in Mr. White's drug store. He went | back to the store and found bie wife seriously injured; | sent for a doctor and took her home, where slie died be- tween 9 and 10 o'clock the sane evening. It also ap- peared that David McCauley had sent a horse of his in charge of a negro, George Harran, to Mr. Brower’s, to , and that the horse had returned between 4 k in the evening without the wagon, and ali ing about him. The negro deposed oree to a post, and that it bad bert Johnvon, M.1., 300 Third ave standing at his door oo Thursday af. terncon, at 5 o'clock, when he saw a horse ronning fu- riously down the avenue, with a portion of its barness on; the deceased was crossing the avenue at Ewenty- ninth street, and appeared auconscious of the aj of the horse; she was about a quarter of the way across the street when the came in contact with her and knocked her down; the horse passed on and was not stopped; when s # picked up the blood was flowing from her mouth; she died the same evening. The jury rendered a verdict as above. Decensed was a native of Ireland, eighteen years of age Sure oF 4 Loxanc at Biackweit’s [ecaxp.—Coroner Wilhelm on Friday evening heid an inquest upon the body of Margaret Hill, at the Insane Asyiam, who bad, | on the evening of Thursday, been discovered suspended by the neck from the window bars of her cell. It ap. | peared the unfortunate deceased had been removed trom the Penitentiary to the Lunatic Asylum on the 18th of May last, and bad ever since been in a melancholy state, weeping and talking incoherently, until the period when she rashly consummated her death. fhe head of deceased bad been observed by an atterdant at the cell window, and the supposition was that she was looking out, and no notice was taken. This being again observed, An attendant of the hall in which was the cell where de ceased waa confined, entered it, and found her naked, | suspended from the bars of the window by a rope made out of her clothes, which she had torn into sureds and twisted up. She was iuimediately cat down, and efforts were mace by Drs, Kerr and Evertith to restore animea- | tion, but withou jury returned a verdict | that deceased ca: yy committing suicide by hapging berselt, at the Lunatic Asylum, Blackwell's Island, on the 10th day of July, 1864. The jury further more find that it would be proper either not to allow Fo large a number of patients at the femate hall No. 1 of the said oxylom, or to have am additional number of autendants. | | Heavy Rarss axp Storw.—On the Sth instant a very heay rain and storm passed over the south: western pait of Carroll county, Md,, doing great jury to crops, corn, @ great amount of whieh was bi down. The Carroil- tonian says the barn of. Seliman, Esq., was strack by lightning and entirely destroyed. No in surance. On Svaday ni A severe gust passed over Westminster. welling of ir. anon waa struck by lightning aud the roof shattered, the inmates were not injured. » under the circumstances, a stockholder | from Island to the city of New York with a valise, and that since that time they have heard nothing of him. During the lowing advertisement appeare ir 4 i as 3 ie Bebe resent week the fol- § in the columus of a morning paper in this city:— 284 of June, in charge of SENT FROM J. J. SNEDAKIR’S, Long Island, on the , to Pier No. 1 Hudson River, a Black BOY, 11 or 13 years of age, named PUR- NELL JOHNSON, dressed in dark clothes. ' Seid boy haa never been heard of. Whoever will give information will bo suitably rewarded for their trouble, and all persoas are forbid harbor: ing‘said Boy. N. ¥. Herald will confer a favor by copying this ac vertisement. boy had been kidnapped by hia late empl j ropa a ae be Federer e hearing came erday before Hibberd, a8 we have already stated. It told a man named Helmbold that the n eold in New York for $650, and. that was offered for bim in dants were held to await a that iyo TAYLOR INGRAM, 455 Market street, Piled. From eome circumstances, the suspicion that the had o'clock on Tuesd: on bebaif of the { son, Eeq., for the defendants, rs was for their arrest. is all Ht 12 . Wm.§, Peirce, Esq., appeared as of the boy, and." John- goog The defen further hearing at State Normal School. (From th ¢ Albany Argus, July 16.) ‘the anniversary exercises of this inatitu'ion, which have just closed, have been of more than usu- interest. The examination was conducted in a thorough and practical manuer, occupying the first three days of th e week. On Wednesday afternoon, the selected composi- tions were read; after which Professor Woolworth made a few remarks to the pupils with reference to the manner in which they should spend their vaca- tion. Thursday afternoon was set apart for the closing exercises. There was a very large and intelligeat audience present. A prayer by Dr. Wyckoff, and an anthem from he died opened the exercises. An essay 3 read by Miss Lydia K. Keyes, of New York—subject, Within and Without.” Then followed an oration by R. D. Carmichael, of Sand- lake, Rensselaer county— Something in a Name.” } The beautiful and truthful song entitled “The Teacher's Life,” written by Alfred B. Street, Esq., “and eet to music by Prof. H. Bowen, was appro- prately performed at the close of the oration, and well received. Prof. Geo. W. Plympton read a poem written by Miss Meriba A. Babcock, of St. Lawrence county, on the “ Wonder-workings of the Prescat Day.’ a Woman, not a Hero,” as read by Miss Frances J, Woolworth, of Syracuze, presented a careful but conservative statement of woman's duties and her sphere. Lucy Stone would not call it orthodox, but e audience gave it a most decided approval. A beautiful song and chorus, ‘There’s a soft light that beams.” words b; Miss Clara L. Baldwin, ma- sic by Prof. Bowen, fitly followed Miss Woolworth’s etsay. The Hen. Erastus Brooks, of New York, being introduced to the audience, delivered a long, bat well-prepared addrees on the subj It was chara BP abounded in wholesome and » aot sugy Prof. Woolworth then conferred the di felicitous mavner, individuals, numbering fifty. his usual of education. ig diction, and ions. lomas in by w the following This ig the largest class that has been graduated in several years. Julia Abbott. .» Hamburg, Erie, Harriet E. Abbott Syracuse, Onondaga. Huldah A. Allen... Schenectady. Albany. aaa Onandaga. Kalb, St. Lawrence. Fhe New York ee Van Baren, daga. Adaline M. Brown. |, Jefferson. Phebe A. Case Middlesex, Yates. Julia Collier.. ey Emeline C. Davies New York city. Frances V. : Newfane, ploy he Mary A. Ford... -. Hoosick Falls, 4 Cornelia H. Gaige...... Eo ee! Schenect’dy Cornelia W, Huntington Buffalo, . Lydia K. Keyes..;...... New York city. Julia E. Kennedy.. Broadalbin, Fulton. Abby H. Lee. . Albany. Louisa Linderma: Mary A. McGowan. ba Lucinda 8. Miles.. Eleanor J. Miller. Julia A. Smith. . burgh Henry C. Baker. ‘affor Richard D. Carmichael. Sandlake, Rensselaer. Lewis A. Curtice.... Chantauque. Mark+Cuommings. Homer, land. William M. Lyme, Jefferson. J. Hervey Miller. Dansville, Steuben. Henry A. Phillips. Martinsbu Albert G. Rolifeon Sel Daniel H. Skidmore, Jr.. Lyman C. Wilder ve Jared G. Wood... .. Bedford, We rt. The parting ha lind isa beautiful and highly poetical composition, was rendered in most effective manner. The music was admit MARITIM A Port of New York, July 15, 1854. B INTELLIGENCE. ALMANAC FOR NEW TORK—THIB DAY. CLEARED. Steamship Jamestown, Cavendy, Norfolk, Ludiam & Ploa- pte. ‘sonah, S 1, Mitehi ton, Spofford, Til Crosby. CU CHE J Peters Bartlett, Jac EES Peters Bug Adoy Swift, Foster, Maitland, Pheips om fe Awake ( aier May 5, Straits o} na jare. Greene, roy Orrida. Stackhouse Phil locp Harvest, Cowin, Providi snietieaiae aa ship Flying Fveh. the hip Wioged Arrow, fr ot Sande ith ¢, via Hayana, with wo ett ac Co, The Kip Rooxvite, trom ‘AM, ath sheninship i rereTer April 10, ireeniaee! Smith eee, f Suede, 0 from Mi to naview yo 89, tah 5 OK. fon . ae eterring BW, she snowed « Lonil ia the comsre. Se Boston), Browa, Nene NP, 4 days. Sengae BE Bo non say 2 vn sheer 0 Skah fass She MES Brig Falcon (Bri, Turo, Porte . Jone %S,, wietr aay en ema fe a ay ee bree Mlinois, do for do. pee ‘Gehington id days, with molasses to Pho et Cham- rm ant Aleseans (italian) ardius. Palermo, Gibralter, @ anys, with rene aad lemons, to im 8 Kudderow, Midgett, Geroeoke. NC, 6 days. Mansell, Sunthe Hiuewieke ¢ daye, omarton BELOW. Se SebrE Sehr Coral, ——., Th Four brigs, unknown. Steamships Washington, Southa: ys and Bre rion, Charleston, Florida, Savannah: Jamertows, Wind at eunrise, NE; meridian, anset, S. (By Sarpy Heer, Painting Tereorara.) be bie Cirourson, Tey SooRiADN, SaUy Leeaahown, | ir brig Ciroassian, and an nown Br q tow he Highlands, bound in. A Bremen ship ands bark sows othe tight rat 1. "Five auipa, three becca, 7s bound out, Seer south of the if Boston, 649 tons, a perenenet by = yoann ol built as an English house at ¥ wasn Suly €—Ar brig Par % ‘Are 224, bey tr 4, attanepes, Tas Kichmond, Va, dat teen ea mo- 5 vurvey was held on her. been is undergoing repairs; she wilt w days. Anderson. Farwell, 23 days from New Arr 234, schr Gov ‘ork. Arr 24th, Brig Tavernier, Lert, 15 days from New York, reported baving econ a bark ashore 25 miles SE of Keys. Th 't Florida sailed to her assistance on next moi eg returned om the 29th, having failed ia led Mth, scr Goy Anderson, Mobile: July 1, brig Ta- vernier, do. Air 3d, U S revenue cutter Sea Pritt, Lieut Randeipa ‘ding, from a cruise to Cape Flori in commanding, from a cruise to Cape Florida, nothing now im t D echr Ac’ » Ploked ! on found fi Sta, pilotbects Desk @ first with 4, @ last with 6 bales of cotton, picket up off the Marqn The oottom brought to this port, reported above, was sold 6th bythe US Marshal It brought about $25 per bale. ‘The court bas gi ‘ent salvage, Gud tbe remain— ty perc if mot claimed within yestand a day, eslvors. Pia bee rene ne BLY cow, at Norfolk trom Catlao, was 2 gaze toh 9 oa thoce, with stron aici stone Be * el a a Prseare, mahiug {rom eve to seranieon hundred and ity atronee, . “After leaving the Cape both pumps bad ¢o be w 1 ould hardly Foop her free tu heavy wath ‘April Was Ht Mar! aman, of Hallow- or 0 th Well, died of yellow fever on beacd, a ‘an illness of 6 days. A'Scun was reported by the Bost tolegreph ashore om Lovell’s falaza Jah toR ONF S14 from NLondon July Tada, om N Allen, + At Owyhee pe a Obie’ Pe ih aa Touched at Maul May 5, H Bunker, Nan, and eld for one arthewena, Spanish Main, no date, by Let of Fall River, 1idep. aur pe ee Me Large ship bound B, showing » white with « ate mond in the centro, July a i 5 TON, ton Yate W ‘sy os jecrge, from’ Callen for Hai May 29.1 26186, Jon th 38. Tip eaptats died M Sue fom NOri¢ans from Boston, ye fs ; lon 72-92 W; reported light winds and Bore Jas Joly 8, lat $7 calms. ectsr Porta, Seep Rr aac Bla daly 1 L Copeland, Bartlett, Bos- Cienruse, May 15, shi; oe, Bi Pa * for London’ ide, Late, Leckion god ERE Cope ag a Lathrop. asd Ocean Eagle; Somase, ster, E—In port Jane 29, bark Young Turk, pay- Jor, disg, to load coal for Mal Guassow -In port June 30, bark. Evelys, Hiokbora: for do. vouk ‘Aica~814 Sung 2, sobr Pacific, of Baltimore, New Saxe ; and others. Havana box. carries 1,400; ine P for Montreal at $5 hind iy Miller, obtd 3d for Phila: PR Hazeltine MoCriltis, Warren, Haledon, Cowes. Sid e0ee wi NOe- ‘arren), t May 6, ships Coronation and Topas, isco; John N Gosler, Dewlag, for 0: : cla. f ‘do, batk Marmion, J Rnd otters.” Sia bith, Daten bale rt Jane 20, by 2 Pamphyila, Niskersoa, Burditt, Boston, wind bound, Si- for York soon. The wind bad been Boston. Maraca—la ne; ee hrs Challeng meon Draper, Ash! westerly for some eels nad ington: for NYork tog: ba ip ‘orl Edw Coben, CI ; L & & Hobar: y Aviles. do; John Lindsey 100 drige To): rk, fe 100 bas: la, Park, for pai Bo Passau NE-No Am veneelsin Bt, RS ea fa) Delphi, wal * aline, for N’ » do. en axe —I Singapore for Sumat Dai sass, er 1, dark Dutchess, Lane, fre 0—S} 4 a TepeLias nitty alte lt ety test which eld May 31 for N Yor! asmbueo in search aaa Boop mee Sern ee rt June 17, barks Formosa, Ryder, for out Beh inst Freitet Sawer forse une; only Am A : . Trixroan—In port abt June %, Pais bury! Queen Rat re a; Rainbow , and 2 fee etait Wait for NYorh, lig: sobre more, do. LEXAY DRIA~ Att July 12, sobre Liveepoo! (Be), Bar- a igi seapelapereee fr jastton ey Whip’ Vorvalilen, Bditien Bossbes ALBAN TO Arr ie} ia propeller rk, White, Hart. tet gabe Bes Snell Riopaees Ses Slt ee 407, Leader, Handy, do; 7 Republic, Soule N 4 Redford; HM Ri Grin tenractis, Se it Tel sie mh reports & sche Lovoli’s island. Cid Ld a Peterson gubine, Paras Clare Hipokiaan “igian Callen * ley t B, Martini ‘y Wsliax: Gow Maria "Frees re Died ent, Piet neon, . 01 A ys Bay Wasp, Nichol: in der; Algo- sohts Constitution, KW Kelley, Rotting suited; wind NE ‘oS July 1 bis Patrigg Derr, Philadel ly rt . pia, LL WIVER—Sid July 18, sehr’ Alverads, Pratt, Washe in NORFOUK—Arr Joly 12, ship Fi: Dragon, Horton, Calle £0 days. Cidvve 1 Beart (hey, Catalogues y op, NS. NEW LON DON—Arr July 13. sebes Kossuth, Churchill, NYork for Boston 7 Wittets. ea al for rion ior de, EH Huvbard, Widdie- Providence, Orion, NEW PORT—In port July 164 BM, brig Forest (of Har. Hingten). Stowell, from De ysepmieed for arom; eek Onin Cow From ocd land. wee A 4 schrs Li Kossuth, town for do 1 way; Gon. oan TVOKET—Art July 15, sober EM Adams, Baltimore. r, Rondons. rt July 14, sehr i idm C; Chertes iledel i | dackvon’ Sarah V oer, ji iieeres me. . Keitey, aghic Ww rr July 13, trig May Figssty Barters | Fae: shigwary H Mita, Cariale, and Mazy J Donan, | SALBM 1a ‘July 19, sete Merthe Maria, Smal, NYork via Bever’,, 4 Glovers: he 1 C Chom, Philadelonin, es schrs Alexander, rims Utd, J Vall, Baltimore, Sid 7th, ‘Peariar, Now Ath, Vankee Doodie, Raltiore; Noth, big at ‘Cash: + me, Hadeiph A Poalkeabers, Pau je ae ‘woin, NVork, Uith, Jane, do.