The New York Herald Newspaper, July 23, 1854, Page 7

sug- And itis not claimed that any real estate is @ffucted by the acte of tbe defendant, the title to-which 1 eff-cted or cbecured. T cannot, therefore, perceive any ground for the interference of a court of equity as such. Nor that there isacase here which can be i] ed, co that there is not here perfect consistency in this report.yet the current of the decisions is, I think, cleariy against the relief which the plaintiff here seeks. In Mooers ve. Smedley, (6 John., Ch. R., B. 28). Coavceilor Kent refused to enjoin the col- Jection of an alleged illegal assessment. Whether the legality appeared upon the face of the proceeding» or not, does not distinct- Jy appear; but the alleged error consisting in the allowance of improper town charges, he wholly disclaimed any jurisdiction over the supervisors to review their determination, whe- ther legal or not, and declares the superiotend- ing control to be in a cvurt of law, herein above cited. In Thompson vs. Ebbetts et al, (1 Hopk., K. 272), where the comp'ai: aut was assessed ia two pieces, he was permitied to interplead the two collectors of tue taxes anileave them to contest the legality of their respective claims to the tax ou his personal estate upon the question of residence. But no objecuon was raised to the jurisdiction. and the action was entertained simply as an interpteading suit. In the Mohawk aud Hudson River’ Railroad Company vs Clute .and others, (4 Paige, 384) ‘where alio the comp!ainant had been taxed in two places, the bill us a simpler bill of inter- leader was regaided a- detective in form and sufficient on the merits, The Chancellor, however, entertained it for the purposes of an injunction as to one of the defendants whose as- sesement was illegal. But no objection to his juriediction was made, avd the subsequent deci- sions of the Chancellor show that if he consid- ered the question of jurisdiction at all, he must have retaived the cause upon some ground pe- culiar to the case of a complainant taxed in two towns on the same property. For in the Bank ot Utica vs. city of Utica, (sec. 6, 399), the Chancellor distinctly stating abat the complainants have a perfect remedy at Jaw, finds himself bound to take jurisdiction because the parties had stipulated to waive the Objecticn, and thereupon he enjoined the deferd- ants to prevent the coilect:on of an illegal tax. In Wiggin ve. the Mayer, &c., of New York, (9 Paige, 16), the Chancellor held that he would not restrain the collection of an assessment for opening a street, to correct dn error in the esti- mate of damages. Nor if the proceedings were void on their face, would he interfere on the claim that the eedings created an apparent lien on the real estate aseessed theretor, and a cloud on the title. : And having in 1840—in Meserole vs. Mayor &c. of Brooklyn, (8 Paige, R. 198), enjoined the defendants against the collection of an assess- ment for a street. on the ground that the open- icg was without authority, placing his interfer- ence, however, und-r an admitted head of equity jurisdiction. tbe removal of a cloud upon the defendsnt’s title to real eatate, the Court of Errors reversed his decision (26 Wend., 132), denying to the Court of Chancery jurisdiction over the proceedings for laying out of streets for the purpose of reviewing them or setting ‘them aside, and declaring that such jurisdiction appertains exclusively to the Supreme Court, (then a court of law only) admitting, however, of two exceptions, i. e. where irreparable injury or multiplicity of suits will follow, beyond the power of courte of law to redress, In the Farmers’ Loan and Trust Company vs. the Mayor. &&., (7 Hill, 261,) on appeal from the Chavceilor, a bill to restrain the collection of a tax on personal property, alleged to be il- legal, was entertained, on the distinct ground that the parties having stipulated to waive all ebjections to the jurisdiction, the Court of Chancery was “not at liberty to decline the consideration of a question which appropriately . belongs to courts of law.” In Van Doren ys. the Mayor, &ec., (9 Paige, 388,) the Chancelior expresses his concurrence in the reversal of Meserole vs. Brooklyn, (24 Wend, Supre,) but arre-ts jurisdiction, whereby, reason of matters not appearing upon the face of the proceedings, an assessment for a street wos illegal; but, in such case only where acloud upon the title to real estate was created by the assessment. (City Simpson ys. Lord Howden, 3 Meyher & Craig, 97.) In the Utica Manufacturing Company vs. the ] Supervisors of Oneida cousty, (1 Barb., Ch. R. 432,) an appeal from a decretal order over- ruling a demurrer to the bill, filed to restrain the collection of an illegal tax, the Chancellor affirmed the erder; but he says expreesly that no such question being raised by detendant’s counsel, he has not considered whether it is a roper case of equity cognisance, or whether Rie complainant had a perfect remedy at law, ty mandamus, to compel the defendants to strike the name of the complainant from the grsesement roll. In Livingston vs. Hollenbeck, (4 Barb., Sup. Ct., R. 10,) the Superior Court in Equity hold Gistinctly on a bill filed to restrain the collec- tion of « tax, that they have no power to inter- fere, avd that the plaintiff has his remedy at law ; and in Van Renaselaer ve. Kidd, (Ib. 17,) ) the came doctrine is d. In Boreel vs. the Mayor, &c., (2 Sandford, 652,) the Superier Court of the city of New York entertained a bill to restrain the defend- ants from giving a lease on a sale for taxes, and from telling for other taxes and assessing taxes in future, where the property taxed was adjudged not liable to taxation, though the bill was Semmurred to for want of equity. The -gueetion of jurisdiction was not discussed, but the question of exemption from taxation only. ‘The decision is hardly consistent with that of the Court of Errors, above referred to. In the Sun Mutual Insurance Company vs, the Mayor, &c., (8 Bar), 450,) the bill was filed to restrain the collection of tax on personal property, for which:a wartant bad. been issued. EE tate made, ph Mink od was ited at ial term, but dissolved, on appeal upon the merits ; that it would seem that no question of /‘juriédiction was intended to be raised—at all events, the court do not pass upon that ‘qu Whether it was conceded, or taken for grante the court, does not ar. And in the Albany and Schenectady Railroad Company vs. Osborn, (12 Barb., 223,) the court entertained the question of the legality of the tax, it appears to have been considered and de- cided, because that was agreed a as the sole question in the csse—ol to the jurisdiction being thua waived. So in the Sun Mutual Insurance Company vs. the Mayor, (5 Sandford, 10,) the question of the ity of a tax on personal ‘was coa- si in equity, after tho warrant was Iseued to the collector, and jed on the merits; bat it dees vet thet the question of above, and ity with the decirions heretofore made when the [oy hasbeen presented, I am constrained to mdespatanitetetr en tee aon itiead te ) € on al ry t complaint herein, a omar of equity hae i i - penne as conceded that the question of jurisdiction inti roe the defendants may have judgment i . the on the demurrers, with the usual leave to the plaintiff to amerd (it he deems an amend ment possible) on the ustal terms. Supreme Court—Gen ‘Term. Before Hon, Judges Mitchell, Roosevelt and Clerke. Decrstons.—The following decisions of the June term were briefly noticed at the time they were rendered:— OLINION ON COPARTNERSHIP—MILLS V. THURSBY. Roossye.r, J —That a partnership was form- ed between Mills and Thursby admits of no dis ute, That the particular partnership men- ioned in the unexecuted written articles was not consummated, I think equally clear. The refusal to execute the articles after they were drawn is decisive on that point, to say nothing of the injustice and absurdity of one at least of their provisions. What then, so far as they had any, was the unwritten understanding of ‘the pepe or theit presumed understanding, resulting |from the justice and equity of the case? Mills, in fact, put in no capital, although he had stipulated to do so. Thursby, tempora- rily at least, loaned or let to the firm the es- tablicbment and its appurtenances, As‘ach was to contribute equally his whole time and skill, each, in the absence of any reason or pro- vision to the contrary, was to be entitled to an equal half of the pr In estimating these, however, it is manifest that the rent or inte- rest of the stock and establishment was first to be deducted, and paid or eredited to Thursby; or, which is the same thing, the half was to be credited to Thursby, and charged to Mills, individually. Tbus, assuming the value of the establishment, &c , to be $30,000, and treating that amount as acum of money loaned by Thursby to the firm, he would be en- titled to $2,100 per annum. As a member of the firm, he would pay one half of this to him- self, and by a charge in his favor and against Mills, the latter would pay the pther half. Such an arrangement, however, could only answer for a very short time; for interest at seven per cent, {t is apparent, is no equivalent for any leagth of time for the use of machi- nery. Accordingly the period, we find, was limited to less than sixty days. This period Mills, contrary to and in violation of the un- derstanding, protracted to more than eighteen months He no right, therefore, to confine Thursby to the basis of seo legal interest. Either a suitable rent should be charged—not less, probably, than ten per cent—or interest at seven, and a liberal allowance in addition, for wear and tear of machines T, peeunta aaa does not appear to have been su; on reference; and on the other band there has been no allowance for wear and tear. There is a charge, it is true, of about seven thousand dollars, “for new engine, machinery and build- ing,” placed to the mse act ; and as this went in reduction of profits, it was in effect paid balf by each partner, e referees, there- ore, in giving the things purchased wholly to Thursby, have very properly required him to the whole of their cost. But this circum- stance, {ostead of removing the objection aris- ing from wear and tear, rather aggravates it. For Thursby, in this way, not only gets no compeneation for the diminished value of the origival machinery, but none also for the di- minished value of the superadded $7,000 worth, which had been in use vearly eighteen months. Had Mills, as he agreed, promptly paid, and taken a conveyance of the one undivided half, he would have borne, as a necessary conse- quence, big equal half of the loss. And shall he profit by his own default? Especially when lication to Thurs- always abundantly to pay the amount agreed, and only de- ferred p»yment thereof, under his agreement, in order to sell a portion of his farm advai en Consulting thus his own adva: tage, in breach of his obligation to Thursby, shall be be permitted to throw the consequent Joss upor: Thursby also? For wear and tear of machinery is a loss as much as destruction by fire, cr by bad debts. But Thursby has not only been charged with the full value of the machinery, as if it were as good as hew, or at least as good as when first used by the partn erehip, but also with all the outstand- ing debts, as if they He claimed, it is true, an these debts ; but he did so, bered, on the umption that there was no partnership. Taking away his supposed right. we cannot properly charge him with its conse- quent burthen. If Mills is to be adjudged a portner, and as such entitled to an equality of rofits, every principle of justice requires that, other partners, he should be subjected to ality of lossca. These debts, it will be n mind, being in the partnership name, were as much open to collection by Mills, as by Thursby ; and there would seem to be no better reason fir changing them to Thursby, as each received by him, then to Mills, as cash re- ceived by him. If Thursby in fact collected them, he should be charged with them; but that fact, like any other, if it existed, was not to be presumed, but proved. Mills, without any knowledge of the business, and without any contribution of capital, demands half the profits; and that as inst a man who had an established cuetom—who contributed the means and all the peculiar knowledge, and all his own time and labor. Such a ch it is obvions, challenges no peculiar favor. It seems to me, therefore, that the representatives of Thureby, if they desire it, should have an yeni of showing these errors, if in reality they amount to a sum of sufficient magnitude to warrant the expense; and that, at all events, being an equity caee, no costs, under the circumstances, thould be charged against them, beyond the one hedf of the referees’ fees. Mitcuett J.—I concur in the opinion of my brother Roosevelt that no cash should be 47] by the defendant beyond the ove alf of the referees’ fees, Most extrava- gant claime were eet up by the pleintiff, and which must have dea an early com- promise or eettiement of the suit, and they were moetly found againsthim. He claimed that the defendant was to contribute $30,000 to the firm, and be tocontribute only $15,000 or $20- . ‘The referees find that he was to pay the $15,000, not to the firm when he would be im- mediately « half owner of it, but to Thuraby individually. He admits that was an illiterate man, and yet he relied on a draft agreement in which his version of the ce: ment was contained, but which Thursby to sign as evidence of euch an The he does in his that “he was clusive right to must be remem- capital into the hae paid nothing, his tention and time. He claimed that by bocks over $11, were due to him for share cf prefits on lat January, eulst the ferece Gnd that tt was only alout bali thatmum. i i both diately peying to the plaintiff all the amount of the biodified judgment, emoept the gum as to eee it term shall be eatisfied he was jured, INTERESTING DECISION ON DIVORCE SUIT. Julia F. Thomas, by her next friend, against Charles Thomas.—MITCHELL, J.—The uct; fcra divorce on the ground of adultery. plaintiff commenced her action by a next friend, and the defendant moved for and obtained an order that the complaint be dismissed, unless the next friend gave security for costs. The plaintiff appeals from that order. It was a question under the code, as it formerly stood, whether a wife must not appear by her next friend in all cases between herand her husband This court at general term held that there was a distinction between the case of an action for an absolute divorce, and other actions between husband and wife, That. the revised statutes in thé first case were in force, and allowed the wife to sue in her own name; in the other cases she must sue by her next friend, and that then, in legal understanding, she sued alone; and that where a next friend was necessary the court might require, and when the old practice was 80, would require security for costs from the next friend, or evidence of the responsibility of the surety. This was understood in the case of Coit ve. Coit, although, as that was not a case for an absolute divorce, all this was not special- ly mentioned in the opening in that case. The amended code of 1852 required the hus- band to be joined with the wife when she is a party, except in two cases. Ist. When the action concerns her separate property. 2d. When the action is between her and her husband. and in those two cases it says “she may sue or be sued alone.” It then enacts that “when her husband cannot be joined with her as above provided, she shall prosecute or defend by her next friend.” The language of this last part has been criticised, and it has been said that it applies only to cases before provided when the husband cannot be joined, and that there are none such, although there are two cases where he may not be joined. The same liberality must be allowed in construing the code as is allowed to any other act of the Legislature. It is not to be construed as if its authors could not err in grammar; but the sense is to be sought for, al- though at the hazard of an interpretation which would show that the most happy choice of language was not used aliguando bonus dormitat Hormenis. If cannot is made and read “may not,’’ then this amendment requires the wife to appear by a next friend whenever she may not by the section quoted (section 114) ue alone: that is, whenever that section does not authorise her to sue alone. She must then appear by next friend whenever she sues her husband—whether the action be for an absolute divorce or for any other relief. “This section, however, is fully satisfied if the wife does ap- pear by next friend. It is a regulation of prac- tice entirely the creature of the court and under its control, whether a next friend shall give se- curity or not. When jappointed for an infant defendant, it is never required unless when the statute makes it oe for an infant plaintiff it would be requi or not accordin; to the circumstances of the case. The Revi: Statutes remain in full force as to divorces, ex- cept that now a next friend is necessary for the wife, whether plaintiff or defendant. The 56, (58) section of 2 R. S. 148, is unaltered—it pro- vides that in suit for a divorce, the court may require the husband to pay any sums necessary to enable the wife to carry on the suit during its pendency. It has become a matter of course to make this order unless the wife has means to carry on the suit. The husband, then, isto pay the costs in these cases primarily, whether he succeed or fail—at the end, it is true, the court may deem the wife to pay the costs; but this never would be done unless there were great misconduct in commencing or prosecuting the suit, Itcan rarely happen, therefore, that the wife or her next friend, would be obliged to pay costs ; and the only thing necessary to provide against is such misconduct in the management of the suit as would subject the wife or her next friend to the payment of costs. To accom- plish this, it is not necessary to anticipate that euch misconduct will cecur—it is enough to allow the wife to appear by any next friend whom the court may appoint on her application, without security, and to allow him to continue toact untilsome abuse occurs, and then to re- move him and dismiss the complaint. unless he give security, or another next friend be subeti- tuted, when character and responsibility will be a protection against further abuse. But few ives,(except among the rich,) have separate Amore stringent rule might exclude fed women, except those rich in their a right, from the benefit of the law, however bare and unprincipled their husbands might be. ‘The order appealed from should be m ac- cordingly, without costs. Thomas Ward and W. L. Parker vs. Alex. Pegg. —Mitrcner., J—This motion comes on upon an appeal from an order discharging an attachment. The plaintiff, Parker, swore that Begg agreed that if the plaintiffs would sell hia goods en credit, and also guarantee his lia- bilit; to another firm to the amount of $1,302 &8, he would ship and consign to them all the fich which he should become possessed of in his be in Nova Scotia as security guarantee and the goods to be sold to him; that the plaintifis sold the defendant the goods on credit, and became guarantors to the firm; and that the defendant has since sent fish from Nova Scotia, which he then had in his business, to New York; but, although requested, he re- fuste to consign them to the plaintiffs, and that the defendant is a non-resident of the State. On this an attachment was issued. The defendant denies the agreement to consign to the plain- tiffs, but it is confirmed by a son of the other plaintiff. The special term discharged the at- ischment, as is stated, on the that as the eredit on the sale of the goods had not ex- pired, there was no euch cause of action as au- thorized an attachment. There were two con- irecte—one to pay for the when the credit should expire, and the other to give the plaintiffa security for the payment of the ard for their guarantee, by — defend- ant’s fish and consigning it to the plaintiffs. This last part of the contract the defendant has broken, and he is liable to be sued for the breach of it as scon as it was broken. It is as if he had precured a loan of $1,000 payable in a year, and bad promised on demand to secure the pay- i f di 1 il E erE ies Superior Court of the City ef New York. The New York and Hariem Railroad agt. fiewanses es te, Jun. and Justus Earle. —' complain: e above named plaintiffs the above named defendants, shows to this court that the above named defendant, Alexander Fue, Jun., was duly appointed. in the year 1847, the secretary of the said plaintiffs, and as such eecre: he has, for several years past, of the transfer books of stock in the said company. That the capital stock of said company consists of seventy-five thousand theres of stock, culled ald :Mecmuiemet under ac’ incorporation of said com , passed April 25, 1831, and the several sola amending the came, and of thousand shares ofstoc! called rred stock, issued under an act paseed March 29, 1848, and entitled to a be rate of dividend out of the earnings said company. ae that fs, he is Y. And the eaid plaintiffs further when the said detendant, Alcxander ais. Jr, entered into the service of said plain was & young man of no property, and whilst in the service of the company as such secretary, he did not receive a salary more than ade- quate to his current regular e: 8e8, Ana tbe said plaintiffs farther show that they heve recently discovered that the said Alexan- der Kyle, Jr, whilst s0 employed as such se- retary of said plaintiff, has from time to time filled up certificates of stock of said company, Loth in the old and preferred stock of said com- pany, which were left in his hands as such se- cretary, 'or the purpose of being issued upon actual transfers made in their stock by the stockholders of the compavy, by inserting therein his own name, and the names of other ersous unknown to said plaintiffs, to a very large amount, and has sold, assigned, and trans- ferred the same to various persons and incor- porated companies, and received the proceeds thereof, and applied the profits thereof to his own use. And the said plaintiffs further show, that upon an investigation of the books of said plaintiffs, they have ascertained that during the last two years the said defendant, Alexander Kyle, Jr., has sold, assigned, and transferred upwards of thirty-five hundred shares of the old stock of said company, and upwards of thirteen hundred shares of the preferred stock of said company, and applied the proceeds of the came to his own use. That eaid defendant, Alexander Kyle, Jr., has admitted, upon such investigation, that he has assigned and transferred a number of shares of the stock of said compauy, without an: authority from said company, by using blan! certificates of stock entrusted to his care, as such secretary, and converting the proceeds to his own use. ° And the said plaintiffs further show that a large proportion of the stock so sold and trans- ferred by said defendant Kyle, has been re- transferred from time to time upon the books of said a ah that it would be impossible now to identify the same, and the said plain- tiffs believe that they will be obliged to assume the same. And the plaintiffs further say that the value of the stocks eo as aforesaid issued by the said defendant Kyle, in the fraud of these defen- dants, at the par value therefor, ezceed the sum of $240,000, a large part whereof has been in- vested by the said Alexander Kyle, Jun., in the purchase of other stock and in other transac- tions, in which he has acquired as the plaintiffs are eran and re ee eid amount of reonal property, including horses, wagons, Pousehola furniture and money, the particulars whereof are unknown to the said plaintiffs, And the yy eae further show that at the time of the discovery of the said fraudulen transfer of stock by the said Alexander Kyle Jun., he was possessed in fee simple of a certain house and lot in Thirty-first street. That after the discovery of the fraudulent transfers of said stock by the said Alexander Kyle, Jun., and with the intent to prevent the same from being applied to or towards the pay- ment of his indebte 8 to said plaintiffs, the said Alexander Kyle, Jun, and Justine, his wife, by indenture, bearing date the sixth day of July, 1854, did grant and convey the said house and lot of ground to the defendent, Jus- tus Earle, who is father-in-law -to said Kyle, and who, as the plaintifis verily believe, is wholly insolvent and ible. And the eaid plaintiffs alledge and amet that said conveyance was and is fraudulent and with- out any consideration whatsoever, and was ex- ecuted and delivered by enid Alexander Kyle, Jun., for the purpose of defrauding the said plaintiffs. the said pet further show, that during the period whilst Kyle was engaged in making fraudulent transfers of stock, the said Justus Earle was daily and for several hours each day in the office occupied by said Kyle, as the secretary of said company, and the said plaintiffs verily believe that said defen- dant Earle, has in possession and under his control, other property, money, goods and ef- fects of said Kyle, the proceeds of such fraudu- lent transfers, in addition to the conveyance of said house and lot in Thirty-first street. And the enid plaintiffs claims a discovery and account of the moneys received by said Kyle upon the sale and transfer of the stocks herein before mentioned, and of the moneys and secu- rities received therefor, and how the same have been invested or disposed, and what moneys are now held by said defendants or either of them, arising from the said stocks, and how the proceeds have been invested or disposed, and hat moneys, stocks and securities are now eld by the said Kyle or the said Earle for his benefit: and that the said defendants may be decreed to assign and transfer the same to the said plaintiffs, or to some receiver to be ap- pointed by this honorable court to take charge of and receive the same, Andin the meantime, that said defendant and each of their agents and servants may be restrained by the order of this honorable court from selling, avsigning or otherwise disposing of said house and lot of ground on Thirty-first street, herein before described, and from assign- ing or selling, or in any way disposing of any stocks, moneys, property or effects owned by said Kyle. And that the plaintiffs may have judgment against said Alexander Kyle, Jr, for the amount received by bim upon said stock so transferred by him, wit) the costs of this action. Cuanies W. Saxprorp. Morper ap Hanae rx Arkansas—We bave been permitted tc take the foilowing extract from a letter dated at Weat Point, White county, Arkan- sus, written on the’ 3d inst.:—Our Circuit Court bas been in seasion the past two weeks, and adjourned passed sentence of death Partan for the murder of Thos. Lindsey, , and the said Partan is to be hung on the 28th ins It is only three weeks since the mur- der was committed. It is rather a novel case to hear of a man sentenced to be hung in Arkansas, to wet example to the older 3 still this sec- healthy. Tax 01 Man.—A correspondent writes us, cor- | festerday nirningin felation to the death of Mr. | en ny » | fea.” The old 2 e me and to the pode at the faith, awe hos cae the Rows sp Evotanp—Tuum Seana sum | sees, tnd sheen Cl —_ Weaxneas.—The author of this interesting lit- pet e the most tle brochure seems to have made himself ac- | Siend isn of aie ay tapeaies of ck quainted. both by study and observa- | Europe. he is about to pone tion, with all the intricate of the East- sn Speen (spe oll cavern ern Question; and although we do not always| and Plemstins eae wea eane agree with the deductions which he draws from ot i man has introduced posts throagl- the facts stated, we aro not disposed to deny | Sverp vilieer 1g rrcuiced oe Poe nelle their general accuracy. He is evidently an en- | messen: in oonsant rude, Whe mai be pre thusiastio admirer of the Circassian people, and |, rifed with © pass, siened and wosied by 4 naib, and appesrs to think that all that is necessary to curb the pretensions of Russia on the side of Turkey. is to keep open the communication with the Cau- casus by sea, and to supply these hardy moun- taineers with cuch present military stores and munitions of war as they are necessarily de- ficient in. owing to their long previous isola- tion. The following biographical notice of Scbamyl, the prophet hero of Daghestan, will be read with interest:— ‘ly This great man was born in the year 1797, in Aoul of Himri, and was thirty-seven years old when he became chief of the Tschetachensians, He was dis- tipguished’at an early age for his unyielding temper, his grave and reserved character, his thirst for knowledge and his ambition. He is described by some autborities as naturally of a weak constitu- tion, which he has hardened by exercise and tem- perance; but many phases his iife seem to prove that he has uaturally an iron frame. He used to devote whole days to solitary meditation, even as a boy, and the sige Mullah Dyelaleddin suc- ceeded in jiring him with a love of the Koran. Initiated in the doctrine of the Sufis, he excited a great enthusiasm in his pupil, and prepared him for achievements. This education took effect and theday when Sohinay! siapd forth as the suc- cereor “f Hamsad Bey, all heads bowed before their w i . d....iyl is not unworthy of being at the head of @ people and the founder of a sect which has pro- nounced him to be a Prophet. He is a man of middle height, of a fair complexion, with auburn bair end beard; he has gray eyes, a delicately chis- elled nose. and asmall mouth. A marble-ltke impas- sibility, which never forsakes him, even in moments of the greateat dgnger, pervaces hia whole person, and especially his walk andthe immoveable carriage of his arms. He addresses enemies and criminals without a trace of emotion or revenge. These cbaracteristics may originate partly in his convic- tion that all bis words and actions are immediately inspired and directed by God ; he eats little, drinks notbing but water, though contact with the Rus- sians bas poisoned hia people with a love of brandy ; he only allows himself a_fe v hours’ sleep, aud passes alf his leisure time in reading the Koran and in prayer; but when he toga Daghestan poet, ersek Bay, describes him as having “ lightning in bis eyes and flowers on his lips.” He appears to be, like the hero of Hungarv, a perfect waster of that Oriental eloquence which is adapted to rouse masses of Mussulmansand M igyars, though it would not probably be relishea by the ectton and treason spinning neace “soriety or the @ lightened columns of the Times. PRL“ Jt is proper to add that other German Wiilers pro- tected and crammed by Muscovite officers, circulate various equivocal and unfavorable statements affect- ing Schemyl, which are entitled to the same sort of attention that Nicholas paid to Prussia in his gen- tlemanly conversations with Sir Hamilton mour. In the first years of his government Schamyl dwelt in the little fortified village of Achulko, where he | had caused a stone house with two stories to be built in the European fashion, by Rassian deserters and prisoners. He was at that time so poor that the soldiers were obliged to procure him the neces: saries of life, yet the power of religious enthusiasm made him as mighty as if he had the command of tons’of ace. Bat the tribes of the Caucasus, un- like Christendom, prefer to serve God rather than Mammon. Schamy! has only to nod, and his Mu- rids are prepared to encounter death. Even Scheik Mansur, who, fifty years before, inspired the moun- taineers with his own heroic faith and patriotism, and stimulated them to desperate resistance agains! Russia, was only a renowned and formidable warrior. But Schamyl is not only the Sultan and General of Techetachensians, he also been declared the phet of Daghestan since 1834, where ¢ war cry since that date has been, “ Mo- hammed is the first prophet of Allah and Schamyl is the eecond,” The capture of Achulko, which General Grabbe had anticipated as the death-blow to the influence hae et ‘was the means of raising hia consider. ation to the highest pitch by the apparently mira- culous nature of his escape. Let reader ima- gine the bold chieftain, the only survivor of the de- voted defenders of that Aoul rearoearing: among hig pocpleat the very moment that they received the in- ligence cf the total destruction of Achulko. The: were fully convinced that he was buried under A ruins, when he suddenly strode into their midst. It was clear that the ae od of God was there, and the divine mission of their leader was henceforth based onan unshakeable foundation. No victory eons have raised him higher in their eyes than this it After the loss of Achulko, Schamyl visited the Circassians in the Western Caucasus, projecting an | alliance and combined operations between them and their countrymen inthe Eastern Caucasus. Though the Circassians entertain the same hatred to the Russians asthe other clans, serious impediments were found to a joint organization of all the moun- tainecrs, owing to jealousies, difference of idioms, and the religious indifference or paganism of the Western Caucasians. Thus for the time, though | Schamy! met with a hearty welcome, he could not effect his onject. Ata ¢ date, however, his daring irruption into Kabarda shook the whole po- pulation of the mountains. Moreover, on receiving the intelligence of the great defeat of the Russians by Schamyl near Dargo, the Circassians were ati- mulated to attack the forts on the coast of the Black Sea, of which they tared several, performing prodigies of valor whilst storming them. When Prince Woronzoff was appointed Com- ‘ maucerin-Chicf in the Caucasus, Schamy! was no | longer the irsignificant mountain chieitain ; hia | wer had become immense, The Avars, the | Kista, the Kumucks, and numerous other tribes of Lesghistan and Daghestav, were roused by the burning eloquence of the Prophet to unite with their old rivals the Techetschensians. Though at the beginning be had only been the leaderof a smal | band of followers, he was now the ruler of a peo ple. It is evident that to accomplish this, the great movntsin chieftain must have been endowed with a rare political genius and the strongest religious COL y, 101 Schamyl is not o ya brave and a skilfol com- mander--events have proved that he is also a saga- cious and clear-sighted lawgiver, otherwise he would | never have succeeded in subjecting tue chieftains of | the othor tribes, in introducing a Uheocratic monar- | chy in the miost of barbarism, in uniting hostile | in giving to all one common faith, in accus- | cavalry to syatematic tactics, g substantial and permanent institu- s been accomplished by Sch amyl win et ‘tains and humbled his p c of the native princes. wowledged the same faith in the same civil orgauization, me peity territories and claus be bat ac under the rule of Schamyl, ia at the pice ime divided into twerty proviaces, each of | which is smperintended by a paid or governor, All | however, clothed with equal oly four of them, who are the most | *aithful friends of the Prop'iet. | re regarded us the soverrign rulers of ts, whilst the Css © obliged to refer 4 ranction to their decrees, ion of the army js represented asa masfer-piece of acutences and discrimination, being precirely adapted to secure unity of discipline with- out ditminiebing the warlike ardor of the individaals compering it. Each naib brings 300 horses into | the field, and the conecri; tiun is effected aa we have previously related, so that every ten familles furnish one trooper, and the family to which he belongs is freed from taxation during the time, whilst bis | eguipment and maintenance are provided for by the nine remaining families. Such ia the standing army, but besides this there is also a militia or cational guard, All the male in- habitants of the Aouls are exercised in the use of arma and in horeemanship from the age of fifigen to fifty. It is their special duty to defend their 4 when they are attacked bat also under certain circam- stances, they are bound to follow the it in his distant expeditions. On such occasions every trooper of the regular army commands the men of the other nine families who Support him, ‘he first who formed a corps of ; ribands and a hierarchy of ranks. The 3 batted e@ that he preached rece led the | (Oat n ; hue knot Ally nidctories | £2 ‘hundred men who themselves by legends; leaders men o} trisnge- Formedals’ and leaders of 600. men are decoraied with silver ites. Up to 1842, 5 were wae the right side. on; . @ thousand men have the rank of captain, and one eh fi st tustance, the th of @ firs 1, come 4 sisted only of the booty that cor to traditior the leader; now, however, re; introduced, The lands which had devoted to the mosques, the priests are now appropriated to the Btate; Teceive & re income a8 & com; = ae dervishes erg so _ ¢ infirm were sent out of Daghestan, ‘The most eminent officers of Schmayl at nt moment are Achwerdu Mahomed, Hadachi- furad, and Ulubey Mullah. Hi rophet ae ean ue a I codaot laws, wi e ment for mi nces, theft, murder, tress, cowardice, &c., 4 y termined. Capital punishments admit of degrees of severity, proportioned to the gravity of the crime. moderate and chaste Ff abits, and he often passes days an ti ie without any sleep, rt a state of extasy, which, though offensive to positive phi German metaphysicians, has been proved throt out history to be a real and exalted phase of humasm nature developed in the chosen servants of the Most High. Though some uvkind writers insist upon hia baving three wives, a well informed traveller asserte: that he has only one, and that he is peculiarly re- ma:ked for his sexual abstinence. 4 Other unkindly writers have pretended that he is avaricious; but a German liberal—a rare honor to his country—vindicates the hero, by showing that his treasures areaccumulated to defray the expeases of the war. His most deadly enemies canaot deny that Schamyl has done wonders to improve the state of his country, The law of retaliation is more re- lentless in Daghestan tuan any other part of the Caucasus, even exceeding the Corsican vendetta im endurance, families baving often continued in hos- tilty for ages from this cause. Bat Schamyl has succeeded in many cases in introducing pecuniary fines asa substitute for this practice, and though his severe justice has raised him many enemies, it is certain that his countrymen would not have reooy- ered and retained their freedom and their faith with- out the reeistless rigor of Lis auministration. 9 Aid a Sica * * * * * it . Having attempted an outline of Schamyl's sys- tem, we shall proceed to lay before the reader some of the most remarkable adventarea ia the life of this chieftain and reformer. Ou the 18th October, 32, the last successful storming of the mountala village of Himra was effected by the Russians, wae penetrated into the smoking ana blood-stained ruina, desperately defended by the chieftain Kasi Mallah and Morid Schamy!. ‘The struggle bad alrea iy Last- ed roany Gays; on both sides prodigies of valor had been performed; but notwithstanding the superior discipline and force of the Rosstaus, render etill more formidable by their artillery, all proposals of surrender had been rejected by the heroic garrison. With frantic enthusiasm, and singing verses of the Keran, they sent the aay bullet into the ranks of their foes. The triple wall of this eagle’s nest was surrounded, and its towers were battered down by the Muscovite cannon, but Kasi Mullah aud Scha- my! would not listen t> a word of surrender, Them broke the morning cawn of the 18th of October, and with it came the storm, which after a most deperate and bloody conflict placed the stronghold in the hands of the Russians. Kasi Mullah and mang Marids fell by the side of Schamyl; our hero bim- self was wounded by a bullet and the thrust of a bayonet, but he cut his way trough, the enemy, disappeared in some incomprehensible way, and two years later the Caucasus resounded once more with the fame of his name. The Russians found the body of Kasi Mallah, the Murid Saint, whose mantle descended on the shoal- ders of petra pierced by many and an attitude that fille ct and fear. With the left hand he grasped and beautiful beard, whilst his rigat hand to heaven. His countenance expressed fore repose, serenity and cheerfulness, as if he had expired, notin the tumait of battle, but in o sara ace eee map ted cast himself on his knees in prayer, directed to the East, when the fatal ball steuck him. Tt was Jong erroneously maintained that, had been taken prisoner’ by the Rassiens. at. Hi brought to Petersburg, made a Russian, » ofterwards sent off to fight against bis Tt was added, that paving becn of y his enperiors, he had taken the first op ity of pessing, over to the evemies of Russia. .. also n affirmed that a wounded Rusa! , Who was captured and brought to i, had, libe- rated by him because he had found to be.one of his oldest and best friesds. All these many additional statemeuts are mere fabrica' as re- gards Schamy |. Yet the story is tra Daniel Bey, who is now a friend and officer Schamy!, and whose history has beon related ina previous page. It may well be supposed that the mysterious escepe of Schamyl from Himri, gave rise té all sorts of woncerfal reports among the glowing moun- taineers of Daghestan. One of these mitacalous | legends relates that 5 ast was really killed at the storming of Himri, but that Allah ‘breathed inta bim the breath of life Saat te give a visible siga by the resurrection of the Murid, that he wae dea- tined to be the leader of his fellow believers. The life of Schamyl was again prese: ina miraculous menner in 1834. The theatre is 00- currence was Obunsak, the residence of the Khaz of the Avare. The Khanum Paschabike,-who was devoted to tho Russians, bad rejected Kasi Mullah in 1830, but Hamead Bey, his follower, subse took possession of Chunsak, and put to death the two sons of the Khan treacherously, together with their mother, ition ots Avengers are never wanting in Daghestan, aud the new chief of the Murids was to fall by tae bends of two of his most intimate aud disti bed companions. The two brothere, Osman and Hade- chi Murad, bad been brought cp with Omar Khan, the eldest #on of the Khanum of Chansak, Stimulated to revenge by their own father, the: Homead Bey in the mosque. Osman he ewords of the Murids, but his brother es i sed the people toinsurrection. A numb Murids were cnt down in. the tem- and those who escaped fled to the towers }] was amongst the number. They defended sperate courage, but Hadeoi w set the tower on fire, and ped the flames, One was the trayer of the ¥ ho had sworn on the Koram t ep it secret, but yet had revealed it to Hadsobhi Mared. He waa overtaken and burnt alive. The other was Schamyl, who escaped again in some in- comprehensible manner. ‘The third eecape of Schamy! happened after the stcrming of Achu!ko, and is related in various ways by Hnesian and German authorities, We have al- yea? rrated the desperate episodes which mark- that siege, and the heroism ee its dc~ fenders. Comparing the different accounts, it is evident that after the massacre attending the ture of the village, @ amat! band of Murida, inc! ing Bchamyl, bad concealed themselves in some neighboring caverns, As it was the main of General Grabbe to slay or take the chieftain, ever precaution wag taken to prevent hia escape; bat the Murids, who knew that the loss of theit jeader would be fatal to the cause, determined with match- less Leroiem to sacifice themselves to save their chief, their ponte. and their creed. One account relates that a body of them dashed down into the torrent Kolssn on & raft, and drew off the attention of the Russiana while Schamy! De rag the stresm, swem over and eacaped to the ‘The men, of course were ali shot. Another account — that some Leeghans were let down by ropes at night from the cavern as a and whilat the Ruseiana, who took one of them who was disguised for Schamy|, were leading them to the general, the prophet slid down the rock jato the Koiasn aad peep though his foes sent a shower of ballets ‘er bim. Schamyl never revealed how ho escaped from ‘Achulko, and the people have always regarded his rescue a8 miraculous. Barw’s Jocrnan or Hearta.—At a period when epidemical diseases are decimating the ranke of our population we hail the appearance of works of the useful, suggestive character of the one before us, a3 eatisfuctory indications that the medical faculty are attentively record- lands; ntleman's name was Harry mead Bey wos Fe er ee eae anaes aang | Whilea, and be waslone iwuwred und soven year | Tossian and Pehub deserter, studing many off he | refui b w nd ge for that viola. | %#8¢, of one hundred and seventeen. “Our | cere. Schamyi has increaved and extended this le- mortgage, he cou! ol dent further remarks that he retained hia picn, which conaiets now of 4,000 men of all nations. tion his agreement, and o fe | faculties and health to the last, and his memory of | His body-guard consists ina band of 1,000 picked performance be enforced, or the same effect be | events long passed was be ogee A He was, even | Murids, who receive a month! of about tivo dol- obtained by a prompt judgment for the amount | at that advanced she able to do ordinary work | jars, ond obtain a sare of iy captured. Those | looned. Here he agreed not to give a mort- | about the house, and felt much betier aller 2 day's | live fare called Mi ‘and all the Aouls wage on his lands, but what is nearly the ame, ae ality aed iene Bee man, | vontend for the honor of baving eome of their eons i @ bypothecation on his fish, and the plain’ jornayreoae lard, July 19." Grbaunye pover tedves id ‘residence Witheut an . He Aid. asthe. S06 op If (tbe escort of five undred warriors, belonging to this ment were for real estate security. If a Kitiep—Mr. Jemen Killongh was inatantly killed chosen band, in whem he places the most unlimited ment were obtained before the xudis + | at Hunt , Mo.,on the Fourth, the premia- copfidence, spd who are reported to perform mir- the courts have euvfficient equity powers over | ture disc! of a cannon be was » He wan | acke of bravery. &bemyl only admits men into its their own judgments to the collection |- ® house in Peoria, Mll., and was on: ; revknwho are perfectly to his cause and of the amount of the i yatll the gredi,” gaged in selling lightning igdm ith, They must be us gacticd, aud give all thei ing the phonomena that present themselves in the coarse of their practice. From a well writ- (0 prticle gn gholera by Dr. Hall, ia tee Am: = / j