The New York Herald Newspaper, November 15, 1854, Page 4

iW FUNK Oona. yatEs corpo BENNET™ PROPRIETOR AND gn" OiIMOR y, W. Conwes OF NASSAUGND FULTON STS. MS, cash wn ade A “9 conti per ona pai cf a a her So lay Hore prey roperm Btihon $4 per am: in, and $5 to amy part of the 4 LUN TARY CORRESPONDENCE, Gamatatng sper swt e209, soliciter rom any yu ~ ea-Sun Fosmen raldy pat! for. nw ke REQUBOTED TO 6) eee Bod Subecriptions or with Adver- rth or Ut potest toe ten itr Rr TERS emmenis (o be ted pinkie. anonymous communications. We de ING executed with neatness, cheapness, and 300 PRINTI VERTISEMENTS renewed every day. AMUSEMENTS TH13 EVENING. ROADWAY THEATRE, Broalway—Puxcasant Neton- Be —Sow Natries—[nvisinix Paisce. WERY THEATERS. Bowes Lg Evening -Bqvmstkian ~Loweiy Ma~ or THe Cons MATIONAL THEATRE, Chatham street Taz Ernsor wRevit's Davenren. WALLACK’S THEATRE, Broadwi SRTROPOLITAN Monmno av. AMERICAN MUSEUM—Afternoon and Evoming—Casrie ev Lamune - Cranr WOOD'S VARIETIES—Meel es’ Holl, 473 Broadway. BOCKLEY’S ETHIOPIAN OPERA HOUSR—539 Brosd- @ey—-Buaresqux Urena ayn Neono Minsranioxy, wooD’s MINSTRELS—Mivetrel Hall, 444 Brosdway. Malls for Europe. HWW YORK USRALD—EDITION FOR EUROPE. The Cunard mail steamship Arabia, Capt. Judkius, will ave this port, to-day, at 12 o'clock, for Liver pool The European mails will close in this city at half-past tea o'clock this morning. fhe Hxnatp (printed in French and English) will be Published at 10 o'clock in the morning. Single copies, in | ‘wrappers, sixpence. Subscriptions and advertisements for any edition c the New York Hxxate will be dat the following san chition 66 tho Huakan 4 by mail and telegraph at during the previons wevk, and to the hour « publication. THE VOTE FoR a ‘Phe returns whic came in iast night, being offi Gial from a corsiderable number of connties, hav changed the aspect of t e Governor's vote, and placed Mr. Seymour orce rmdéte in advarce of the eandidate who so cloeely contests his election, Is our table, which was carefully made up last nigh: we bavé only given the vote for the two prominent candidates, very little int+rest boing felt at presen in regard to the other two, except to ascertain ho PRNOR. known from the official canvass. The vote nov quire the official cauvass todecide the momenton question of wo is hens Govern in this city t dé of County Canvassers mot yeaterd: Alter orgaviziog, a protest agalast o tain retures ia favor of Fero’ivdo Wood was pr- Bexto ward, also presented a orotest azainst the re turn of th» Second district of that ward. The Boerd fissl'y agreed to the zppointment of a com- mit're to inquire into ts powers of the Connty C vossers, and generally what should be done about the protests. The committee report to-day. In Brocklyn the election of E. D. Calver to the wffice cf City Judge ia rendered donbtfal by the discovery cf a numberof ballots wita his name in correctly spelt tuercov. THE SHIPW: ‘The latest intelligence from the ship New Era an- mounces the safety of the sury ving passengers, on bondred aad fifty-five of whom wore takea yoster day from the wreck. Such was the exhausted stat? of the rescued that three of them died, and many others will not survive. We give the details in av other column, together with an interesting acsoust of the Ices of the bark Virgin Maury. NATIONAL KNOW NOTHING CONVENTION. We have received an interesting despatch from Cincisnati—very interesting, if true. It is to efect that a National Conventien of Kooy Nothin: da to be held in that city at noon today, to nomi mate a candidate for the Presidency, and that th: wominee will be either Millard Fillmore of New KS. Pennsylvania. One of onr telegraphic despatches published yesterday stated that Sam Houston hai lately been very bueily occupied in organizing lodges or councils throughout Texas: he bas atreriy received the nomination for the Presidency from the “Old Guard” of New Hampshire. Millard Fill more, it is stated, is a member of the Order in Buffs at the recent election in this State. Jacob Broom wasthe Native candidate for tue Prosidency in 1952, and received twenty-five hundred votes. He Notbiog: of the Fourth district of Pennaylvanis. Our despatch says that Joho M. Ciayton is out of the question, so faras the Know Nothings are con- cerned. THE ELECT IN MASSACHUSETTS. The State election in Messachusetts has resulted in the complete triumph of the Know Nothings. ‘They bave enccreled ta placicg their members in all the ele: tive oflices, with the excep:ion of seven eats in the popular branch of the Scate Legislatare. ‘The rusty old haoks of politicians of the old parties have been switched off the track, tumbled down the 108 oannon of the victorious K.N.’s. One of the reuits of this political tornsds will be the election of » United States Senator from the members of that re cently mysterious Order, to take the place vacated Senator, but the recent upheaving of that new po ton of Texas, and John M. Clayton of Delaware. AN ALLEGED MERCANTILE FRAUD, yesterda of H. J.&8.F. J. Ibbotson, hardwvace merchants of this city, who stand charged with obtaining of G. M. Chapman, also 9 hardware mor chant, the sum of seventeen thousand dollars by frandulent represen ations. The Mossrs. Ibbots oo were directed to give bail in ‘en thousand dollars ito answer the charge, which was immediate’y forih coming. STATE OF THE MARKETS. , Without material change in quotations. lo'e jor to common brands of State flonr were sb oa barrel higher. - "tas eaiee em>reecd shou 3.000 6 19.000 barr and Canadian for export. Canadian dur $1.90. Corn sold freely, with considera's!- the worts—af used —_e fambors stroot Seniovs Pawtny—Wanr- | —Sons anp Sys- vame ~THE BRIGAN D—PHENOMENON IN A SMOCK FROCK. THEATRE, Broadwsy—Torresa— large a voteea h has polled, which can only be sented, whish gave rise to a leagthy debate. Mr. Qvackenbos, candidate for the Assembly in the York, Sam Houston of Texas, or Jasob Broom of Jo,and Daniel Uliman was his candidate for Goveraor was elected to Congress in October by the Know | embankment, ground to powder, and fired off in the | by Edward Everett,ond sow occupied by Jalins Rockwell, by Governor's appointment. This will be the firet Know Nothing «lection of a United States Bthal organization has caused two Senators al- ready in office to turn up K. N—namely,Sam Hous- ‘We publish elsewhere an account of th» ares ‘There was a better feeling in breadstafls yestor aia wheat, sold st $2 15, and o jot of Long fsinea ne And Ne, G5" ind crowed » ae quotations given io eas cin na NEWS FROM CA! FORNIA, The steamahi North rn Ligt a-rived carly yer tercay morning, bingn. us ne e « later atelli- gence from‘ a'ioma,a d per orang the tris, im connection Wt toe steamer on the Pacific side, from -an F ancis.o, in \wenty day-a d a half, whic sa es twent four hours q: cker than has iefore been a: om ished. Ta priay pal item of ip erest conta ed n be news ia he trtai of Captain Wa er, the Sonora fibe ter, Ww 0 was ac- ai cts mca es, byh juy, Theeffairs of Meigga, the ¢efaulter, were still occupy'ng the public mind | im Seu Frenc eco, a d two ndividua's ha’ beea ar | rested on suspicion o being mixe ug, to some | exten’ nthe ansactions of Meigg the news | in other respects is unimpor'ant ana meagre. ANNEXATION OF THE SANDWICH ISLANDS. We give eleewbere in our co'umns some impor. | tant faets relative ‘o'be pyniing tr aty for avnexing | these slan's, {be maia p int-, how ver, we have previously Ja'd efore the ublic, and what is now given is merely conf inaoryo ours atements. It | will be remem/ered that inti Hous: of Nobles Prince Lao Lin» questionsd the accuracy of our | statemen's, ard a pealed to the Minister of Foreiga | Relations, Mr. Wy lie, who affected likewise to dis- creditth m. Neeent | was wrong. The ansexation will | Proper o:cer of th ngs. NEWS FROM HAVANA, | By an arrival at this port we have news from tuke place in the | Cuba, the most interesting print of which is the re- | | ported :eizure of two American vessels at Baracoa, | { on suspicion of being concerned in a filibustering | The letters of our correspondents give | | expedition. | all the parti nlacs, AFFAIRS IN CENTRAI, AMERICA, | We-bave received our files of papers from San | Joss, Custa Rica, but they contain nothing new, and | give no later inte!ligence from other Central Ameri- | can States. Rica republic ir published in the’ Boletin Ojicia!. MISCELLANEOUS. Excellent coai is reported to have been discovered | ear Bradford, °n Canada, recen'ly—the first we believ+ that has bern found in ‘ha* province. | Place of d's overy ‘s near sh: ,iue of the Northern Railrcad. . There was « very respectab e fall of snow yester- day throughout the western cart of this Srate. Captain Warnock, of the steamehiy North Star was arrested yegpercay and placed unjer ove thon sonddolas beads to aaswer a charge of resisting » officers, in refasiog to perm't them t> » while coming np th» harbor, of New Osleans, oa the 9th instant, by &muj nity of five thomand, deeded ‘nm favor of | granting liceuess to ceil arden %. } Our e’egraphie adviors fiom hingtop, Chic + go oud Cincinnati, resent » termble state of things respecting the tisavcia aifairs at those polats, Read the despat T © Election In Massachusetts The Know nn Nothings. rhe in which the Know Noth'pgs have swept the State of Mussacha-etts will even as- tonish those who have watchei the series of Know Nothing triumphs that haye marked th past year. The tiquor question, still pending in Boston—t.e Nebraska issue, which bas been so sedulously ‘hrast down the thro.ts of the New Englanders—and all the other ; arty, po- litical, or loca! questions which i: was expected would influence the elecion have been cast uside, and cs utterly fo gotren as if they con cerned ihe past century or the antipodes, One idea—one principle—one design absorved ail others in the mind of the people ; and that was the vindication of Know Nothing principles, and the assertion of native American doctriae, Tt has been so to a great extent in all the other States: had there been aay thing like prepara tion et the New York election, and had the party been marshalled for a thorough contest, | there cannot be the smallest doubt but a large | shave of the Know Nothing ticket would have been elected. In short, an integral section of the American people scatterei over the conti- nent, stand self con essed champion: of the doc- trine that America ‘s for the American’, and that foreigners ¢: ise undue power and enjoy utdue privi'eges t ercin. Nor are reasons wanting in d+'ence of their yay ition, The const tation of the United | to whieh, whenever new questions | e, it is fitting that we should reear for guidence- essentially ve Auiv- Veon ivstrument. Were it a work of terday, it would be ea'ied a Know & performance, and Mr. Se ward with hi. supporters would scout apon and revile For that conséitation, after placing the government of the con»try in the hands of the “‘eltizens,” does not even contemplate or pro- vide for the bestowal of that title upon persons born abroad: it merely says that “Con sreas shall have power ‘o establish a uniform rule of naturalizstion,” »eferrin.s obviously to the con- tingyney wherein such a ru'e shou'd become necessary or expedient. Congress is not re- quiied to make sucha sule; nor is there in the whole of the constitution even so much as a hint that such legislation woa!d be proper or advisable ; but s'mply provitiog for the possi- vility of au inflax of foreigners being at any ime desirsi le, Cougres: is permiited to “natu- » the S wa: onr fathes’ view; it is quite obvious that hal they regarded the idmission of foreigners to the rights of citi zens as likely to be advantageous to the coan- try they would have embodied a nataralization » in the co ation and wonld not have je't the work to the option'of their successors. We have however still more direct evidence of their sentiments, The constitution d‘sttnotly enacts that ‘no person except a aatural born citizen or a citizen at the time of the adoption this constitution, shall be eligible to .the oflice and in another pla u “no perso m Shall be a repres ail not have... been seven 8 acitiaen o the United States." Here is broad line 9 distinction drawn between native born and noturalized c' , to the manife-t prejusice of the letter. articles show that the fra. mers of the constitition ¢fd not con-ider that aturalized Irishmen stood on a par with native Americans; which is, as we nude: stand it, pre- cisely the position for which the Know No are now contending. If there be nacrow ndice in the Know Nothing creed of 1854, the aseuredly there was the sem: narrow pre, in the eprstitution of 1787. The history of the naturalization laws tells the same stry. Under the old regime, period of probation reqnired «f foreigners w. twenty-one years, in aevordance with the Eo. lish practice, The war compelled us to ¢ rage emigration and not to be over nice choosing rold'ors to fight for our liberties. Gen Worbington gave nnmeronua pledges to fore ore that he world, eo far asin him lay, endva or to bave the old law relaxed, Accordingly un- der his terms of office, only five yearsresidonce woe required of foreigners The momeat Joha Adams enecoeded him. the natucatization law wnarepealed. It had fallen into complete dis tative who th u o, alte ap Byest at on who ch las ed ten daya, | acta show bat the Minister | An interchange of civilities between | Louis Napoleon and the President of the Costa | Tho | OLN eon — , ‘Sale. ander which twoaty years residence was eqnire’; but after some | discn+sion, Congress h t vpon fourteen years as a mean term, and it wes torthwith odo ted. This Jasted unti! the lection of Jefferson, wio held the fourteen yea Jaw in horror. Washington, Jefferson “conceiv d that such re golations might be made and such measures taken as would render th s country the asylum , of pacific and industrious characters from | fooking to ! all parts of Europe” ant the “pacific and indust.ious characters” oaly, recommended @ revision of the natural zation laws, w'ich were accordingly 80 modified in | | 1802, that five years residence conferred » tight toclaim the privileges of citizenship. Tuar | Jaw, with the amendments pasved in 1813, 1816, 1824 and 1828, which do not affect it. main | import, has been in force ever since. Pracii- | cally, ina large portion of the Republic, the resirictions tH imposes have been rendered nu- gatory by the laws acd practice of several of the Weetern States. In one or two, tvo years residence confers aright to vot» at State elec- tions: in another one year; and in certa'n places, foreigners are not required to prove any residence before yoting. Batin New York, New England and most of the Southern States, | the law of 1802 is construed literally ; and wer: it not for the perjury which goes on at the aturalization offices, no foreign bora cit zen 14 vote unless he had lived here five years. This period of probation is without a paral- lel in the constitutions of foreiga countries For an American to become an Englishman a | special exercise of the sovereign power is re- | quired: legislative enactments are likewise | necessary in other countries. Here the busi vess is dope by a smart clerk, for a quarter, in five minutes. The consequence of this has been that the United States contain two or three millions of | persons from abroad and decidedly the most | uapopuler people ia the country. Had they followed the example of the early emigrants, and after settling down here, bad endeavored to merge themselvesin the American mass, and forget that they were originally Irieh or Ger- mans: or had they led quiet, respectable lives, | without disgracing the country or disturbing | their neighbors, we migb« never have noticed ; that the foreign element was so large, and would certainly have never thought of opposing it. But insiead of this, these Irish and Ger- mans seem only to have come here to seck a clear place to fight with each other. They have imported, the one their shillelahs, the other their knives, both their family quarrels, as the most ostensible portion of their baggage ; and while we are fearing the laws, and trying to push the country forward, these feliows are ting and naturalizing with them:elves ish brutality and German rowdyism among us. Again, our constitution supposes in every man enough brains and enongh independence to vote as his opinions dictate: these foreigners have no notion of independence: they vote in lit- tle clans or cliques, led by priests or orators, and have brou,ht things to sucha pitch that at every election we actualy see the native Anerican candidates basely cringing and | ec Like | ws tunyrebe Lest Seaton Oe Thirtyrthird—A Carnival forthe Spotl ers of Mr. Barker have held two meetings, and yen she interes.'ng political information | appointed a committee to investigate these’ Which we publish to-ii y, we are quite sure that | nothag will be founi m re valuable to politi- | cians of all parties, and Washington rpoilsmen of all descriptions, than our statistics of the | elections te the Thi ty-fourth Congress, as cjin- pared with the Thirty-third. Accordieg to these figures, there haye been | elected for the next Congress one bundred and secured one hundre’ and twenty-six, and the gress the returns from the same States show a total of ninety-six members elected upon the prospects of the administration, to fifty-five op- position members, being aclear loss of seventy- one men, or nearly three-fvurths, to the ad- ministration in the popalar branch of Con- gress, in the short space of two years. The opposition majority, thus far, for the next House, is one bandred and one, with eighty-three members yet to be retarned, in- cluding the States of Alabama, Counecticut, Georgia, Kentucky, Louisiana, Mississippi, Ma- ryland, New Hampshire, North Carolina, Ten- nessee ai.d Virgivia, in some of which the elec- tions will not take place tiil next summer. We should not be surprised, however, when all the returns shall have teen rendered in, if tie anti-sdministration majority in the next Con- grees were increased to one hundred and fifty or tixty out of the two hundred and thirty-foar members of the House. Enough has beendone to admonish the ad- winistration spoilJsmen of all classes of their true policy. The next Congress will be over- whelming againet them. Their only chance ia with the approsching and closing session of the present Congress. It is short, commencing with the first Monday in December, and closing, under the limitations of the constitution, on the fourth of March: December, January and Febrnary—three months—including the Christ- mas holidays. It is a short tenure; but from what has been done. over and over again, within tbe last three days of the session, rely upon it three months, if wisely appropriated, will an- swer the purposes of the spoilsmen, and enable them to accomplish all that was lef® unfinished at the last session, and a great deal more. The first thing required will be a combina- tion of the verious classes of the spoilsmen in the House, the Senate, the Ki/chen Cabinet and the lobby. To effect this juncture there will probably be a general caucus convened in Washington, a few days hefore or after the meeting of the two houses, of the railroad, plank road, and canal land jobbers; the patent extension men—Samuel Colt inthe ghair—the various schools of contractors for the army, the | navy, the two houses, the executive depart- ments, the peision agents, Indian agents, pri- vate cla'm agents, Galphin and Gardner men, Gadsden treaty speculators, Pacific railroad and telegraph jobbers, and ex- tra compensation and indemnity agents of all kinds, to devise a systematic plan of operations, This plan will necessarily embrace the contingent expenses of the lobby, such as balls, oyster suppers, cham- speaking to these fore'gners to get their votes. These are the causes which haye called the Know Nothing party’ into existence. They have Jong attzacted the attention of Americans, and once before, some ten or fifteen years age a faint attempt was organized to cure the arievance. {t failed from accidextal causes, snd since then the foreigners have been clowly rerdering themselves more obaoxious than ov ‘The present movement wears a more abiding and formidable complexion. Its strength msy in a great ntter folly and imbecility of the administra tion, who have trackled to the foreigners far more than was ever dons before, and put the climax on American subserviency aad fore! domination, by deputing the most incapable | foreigners that could be found to some of th + | mest imporsant offices in the government. | Hence the number of the Know Nothings, a 1 their wide spread influence. As yet, they can- not hope te consti(ute a party that can clect a Tvesident ; but by combination with oth the broad basis of oppo: tion, this result can e1 ANOTHER SPANISH Ov TRAGE oN Axtericar Comamirce.-- Our Havana correspondence brings us the news of the seizure of two American schooners off Baracoa, on the ground that they were engaged in Janding arms. In one of the accounts it is s'ated that the cap‘aia, crew, consignees and passengers were thrown into pricop; but in the other, mention is made only of the arrest of two creoles who happencd to be om board. The latter in the hope of escap- | ing, set fire to the jail, and one of them was | shot by the sentinel on the post. If, a8 is not improbalje, it should tura oat that the ground: of seizure were merely sup- positions, and were suggested ouly by the sus- picious jealousy of the authorities, this ailair may be attended with even more serious conss- quences than the seizure of the Black Warrior. It vecurs at acritical phase of our relations with Spsin, when but little is wanting to fan the flame of animosity between the two coun- tries, and (o afford an immediate justilication for carrying out the decision arrived at at the | Ostend conference. Without having the details | of the case fully before us, it is of course Im- | possible to say how far this specalation mry be borne out by the fects. Experience, however, has taught us that in their nervous apprehen- sions of filibt ism, the Spanish officials are capable of ony wanton and nnprovoked | a)nre of their authority; and we therefore ia- cline to the belief that this aggression upon | our commerce, like the many that have ye | ceded it, will We found to have no seridus grounds of justification. Shou'd this supposition prove correct, it is questionable whether any diplomatic palliative can be foond which will gloss over such an unpordonable offence. Explanations or apolo- gies will no longer soothe down the angry and indignant feelings which it will excite thr ngh- out all parts of the Union. Even the adminis tratian will be compelled to exhibit whatever small remeins of plnck are still to be found | smongst them, and to go in for vindicating the national dignity. Everything, therefore, would seem to tend towards oar seedy acquisition of Cuba, by peaceabic means if it b+ practicable, but by force if i¢ be necessary. It is impossi- ble that a state of things so wounding to our national honor, and so injurious to oar inte rests, can be suffered to contiaue longer. No merely ethical considerations can hold good ayoinst the stegn political necessities of the care. paigne and segars, carvass-hack dinners to pli- able members ; kid gloves, laces, &s., for the influence of infiaential ladics, and presents of various kinds, including some fifteen or twenty thousand do}lars for the correspondents of the nrees, a8 indicated in the plan of Horace Py Day, according to his testimony in tke Colt in- vestigation. A joint stock plan of operations being thas agreed upon among Congressmen, Kitchen Ca- Binet men, and lobby men, in general caucps, they may open the session with confidence, and clove it with the most complete success. They may secure millions upon millions in lands for railroads, plank roads, canals, and other projects, cores of millions ia great pa- tent monopoly extensions, millions in contracts of ail kinds, Gardner claims, Gulpin claims, pensions, ind-mnities, and experimental pro- jects in seam, firearms, artillery, &c., for the benefit of the army asd navy. In fact, by a matters, acd to present the testimony to the | Board of Aldermen, who are, ex officio, the Board of County Canvassers. This Board met yesterday, and received a protest from the committee, declaring that there was testimony fifty-one member, o° which the opposition have | | administration \wenty-five. In the present Con- | united system of operations among thi#powerful coalition, they may, in the short space of three months. rcalize «a total amount of plunder equal to two or three hundied millions of do)lars, The condition of things in the Cabinet, the Kitchen Cavinet, and the House, is eminentiy in favor of this joint stock projét. The a’-" ministiation snd all concerned have but a limited term before them; three-fourths of the administration men of the House have only a margin of three months to work upon. At the end of ihat time they will retire, more or lesa, into perpetual obscurity. They will be in the humor, there‘ore, for “ making hay while tae ‘un shines.” The Cab;net and the Kitchen Cabinet may also be relied upon; so that in all human probability, the coming session of Cone grees will :esult in the richest harvest that bas ever been gathered in by the spoilsmex at Weshington, In this view, it would be well for all railroad land jobbers, contract jobbers, pension, private claim and Indian agents, patent monopoly agents, members of Congress or otherwise, to be on hand early. And as all sorts of influences are use!u] among the members, where their owa | Snanciai interests are concerned, it might be well for many other classes of unemployed men to join in this grand game for the spoils, Let all keen business men, therefore, who have rerved out a term or two in the State prison, vil who have escaped through the meshes of the Jaw, al! who are candidates for the penitentiary and who expect to go there, gad all who have failed or expect to fail in California, or in the brokeroge business, or in shinplaster | banke, go to Washington at once, se: Col. | Forney, and enlist for the session ia the service of the spoils coalition. { In this way from fifty | to a hundrid active men may be tackled upon | each member of the Houses, to watch him day and night; and he must surrender. We shrewdly suspect that some such plan of | operations as this is in embryo, and will be re- solved into perfect working order before Christ- mus. The Catholic Church has proclaimed a jubilee, but it will be a common place affair compared with the approaching financial jubi- jee at Washington. The time is short; but they have the men for the work, and the spoils are there. Let all hands concerned prepare for the approaching jubilee at Washington. It will be a carnival and a jubilee. AuLecep Fravps iy THE Evecrton Rerorss— Tuk Boarp oy Caxvassens.—The city has been in a state of excitement since the declaration of the vote for Mayor. The Know Nothings Besides, the “manifest destiny” of Ouba | say that they can prove that there has been is to be seen in the insanity of its rulers, who | cheating around the board ; that Mr. Fernando are stricken with the madness with which we are told God afiiete those whom ho wiehes tu destroy. Wood has not been fairly elected, and that Mr. James W. Barker, ae thenext highest candidate on the list, ia entitled to the important office of | | treet, excepting certain liabilities. | to invalidate some of the returns, and inquiriug , how it should be presented. ‘The law requires that the Board of Canvassers shall meet in the office of the County Clerk be- fore 1 o’clock in the day, on the Tuesday suc- ceeding the election. The original statements of the canvass shall then be produced, and from them the Board shall estimate the votes of the county, and proceed to give a separate stute- | ment of the votes for the State, Cownty, Char- | ter, Assembly, Congress, and other officers. Each name, and the vote recived fur it, to be written out at length, The Board shall then “determine what person or persons have, by the greater number of votes been duly elected to each of the offices mentioned in each state- ment, which determination shall be published in one or more newspapers published in the county.” The law also provides that the canvassers shall determine the result from the statement furnished by the inspectors, but does not, from | aplain reading, give them power to go behisd it. It also provides that, “if the number of ballots in any box shall exceed the number of electors on the poll lists, the inspectors shall draw out and destroy, unopened, so many of the ballots as shall amount to the excess.” For guilty or wilful neglect of duty, the penalty upon the inspectors is a fine of five hundred dollars. The Board of Canvassers of Kings county received several protests on Monday, but they were laid over, it being the opinion of the Board that its power did not justify going be- hind the returns. This appears to be the plain state of the case, If there has been cheating the inspectors are liable--to what? A fine of five hundred dol- lars! A rascally inspector might change the entire result, and only be liable to a fine, This penalty ought to be increased. The result of the session @f the Board of Can- | vassers will establish a precedent for the gov ernment of future cases. The matter, at the present writing, is in the hands of a committee of fi¢e, which committee will report to-day. The commiitee is especially enjoined to ascer- tain whether or not the canvassers have power to go behind the returns, and the best legal | advice will be hud. Exxeuttos.—On 17th inst. a slaye named Washington | will be hung in Henrico county, Va., for arson. Armistgad , Stokes will be exeentod in Wilkes gounty, Ga., on the 24th inst., for murder. William Darry, for the murder of his wife, will be hung | beidg in Buffalo, unless the sentence should be commuted by | the Governor, on the 30th inst.—Thanksgiving day, Nicholas Beehan will bo hung at Riverhead, Long Island, for the double murder of Mr. Wyckham and his wife, on the 15th of Deeomber. James Vickers and Newton Vickers, brothers, will be executed together, for the murder of Wm. Dobson, in York district, 8. C., on the 29th of December. Charles Gosnell, for the murder of his father-in-law, will be hung in Spartanburg, $.C., on tht Sth of Janu- ary next. John McCarran will be bung at Boonville, Onoida county, N. Y., on the 15th of December, for murder. Wie Rien 1 “AMERICL, 01,—The agents of M’lle Ra- chel haye completed their arrangements for her appeat- ance in this city, at the Metropolitan theatre, and they are now negotiating for one of the New Orleans theatres. Academy of Music, Fourteenth Street. sent management of the Opera seems doomed to disappointments. Last evening was set apart for the first night of the re-opening, and Grisi and Mario were to sing in the . Mario, however, was “Puvitani” of Bellini. unable io appear, and the following card was put forth fternoon:— org of the Academy regret to announce that ey are empties to make a change of performanee ior The firstand second acts of “ Puritani”? ven with Sftne. Grisly Signor! Badiali, Susint end Also, the second act of‘ Semiramide,’? will ‘bé refunded at the different ofices to y of change of : t_performanee will be found in the following certificate of Si ignor Mario’s physicians; Mn. Hacarrt—Deor Sir— fe Mario, having been re- qnested to sive s medical certificate of the state of his health, we make the following statement:— Tour works ago Signor Mario had a bilions attack, aeenm- panied by acute inflaramation of the throat and entire lows of Foice Aiie reeovury was eradual, and was last woek 0 nearly accomplished that we then’ azreed with him in be Hewing he would be able to sing to-night, and s9 xdriel, Uyon trying his wolce to-day, Signor ‘Mario finds it “week, and forcing {t renders it Somewhat husky, - The c of this ix found to be a slight return of catarrhal aympts ith which he is still pufferin, Until his recovery is com i", Picto and confirmed, we aro of on ft weuld be injudiclows and dangerous for ita te a rin opera, and hence advise him not to sing to-nieht. We no doubt he will ina vory few days recover his urnsl heslih aud strength, and with them tf fall ponvessio ut his vooal powers." (Signed) . D. fered Mi. . Terspay, 1AM, Nov. M4, 188” Notwithstanding this anvouncement there was a very good house last night. The first tiex and parquette were pretty well dled, and there was a respectable number in the upper part of the house. Very full accounts of the performance of the ‘ Pur!- tani”? at this establishment having been given previ- ourly in the Hera, we have nothing farther to say about it; Grisi, Badiali and Susini were in good voice, and the audience seemed very well satistied with their periormance. ki Important Forwarding Case. THE RIGBTS OF EXPRESS FORWARDING COMPANIES, AND THE RIGHTS OF THE WEnos 8. Proston sued Adams & Co. for the loss of a package of five france pieces, two hundred in number, left at their office in New York, to be transported to Brooklyn, Conn. The package was left as an ordinary package, and nothing was said by the person who left it as toita contents or value. A receipt for it was given in the usual form, signed by a clerk of the company. The action was brought to the county court for the county of Windham, and the declaration consisted of four counts, each on a contract to cariy the parcel sate- yand securely, and safely and securely to deliver it, &e. There was a count added fr money had and re- ceived, The cause was tried on the general iasue ‘The plaintiff offered in evidence the deposition of the individual who left the parcel to be transported, with the aforesaid receipt, given by the defendants for the roperty, Mike defendants objected to the admission of thts evi- dence, on the grovud that the declaration set forth an alsolite contract to carty safely and deliver safely, ai all events, and the evidence proved a conditional con- The Court overruled the objection and admitted the evidence. The uefendants also claimed that the plaintlif could not, in any event, recover more than fifty dollars, the amdant mentioved ‘in the receipt, and prayed the Court fo to charge the jury. The Court omit the jury and charged that if the jury found for plaixtim, they might find the whole At thi August term of the County, ‘Court the jury found a verdict for the Begs | verse that decision were assigned, and the cause was argued by apie for Adams RCo, ‘and by Welch and Tyler for Pre The following is the opinion of the Court :— Adams & Co, ve. Enos Preston—Writ of Ervor—Eius- worth, J.—I have no xo doube that a common carrier can, if the employer will assent to 1t, limit his responsibility to any fair and reasonable extent, and to the extent — in this case by the plaintiffs in error, in tho re- cei ven by them, Nor have I any doubt, if the Sistntfit below chore to introduce the receipt as evidenoe to make out Loni Oy case, it must, the whole of it, be taken together. nature, construction and eflect of that entire writing 5 a {eation of law to the court, and n fully proves a ited undertaking, just so far as VOR AD, ‘eta at all. Pi fsonning t the. meee ee bs eel made onl; M limited agreement carry 6 first error assi valid, re the deposition’ and receipt did not tend to prove a material fact involved in the cause of stated. Nor do I see the materiality of E. Newbury’s evidence; for the only defence was that the plaintiff had lhimeelf disproved the contract which he set out in his agen hee he had Fee it. This Bomee ie cou! ough of 10) receive, a1 to the jury. ety wislip haamiaviak if . ‘The third error is fatal, for the contract stated being ey the oie could not recover. fth errors are fatal, for I hold the ee i and binding, that without notice 4 pie noth held to be Yo Be over 880, ‘here is manifest error. Tho plaintlif below cap end shoals ove ca written contract ae made. anne of | Mayot of the city of New York. The support- wt INSTITTTR —Miss Theresa Estmonde’s read- ings froth the ports, whieh have for some time back deen looked forward to with considerable interest by @ | large portion of our comimunity, came off Monday evening, | under the most happy circumstances, The attendance, as we had anticipated, was “dense; indeod, sufficient were sent away to crowd a house four times (hie capacity of Stuyvesant Institute. At a quarter before eight the Irish Rifles. under the command of Captain Ba marched into the hal} im full uniform, and took their stand close by the stage. | Manahan’s band, which was present, diseoursed severa of the Irish and American national airs between each of ‘the pieces. Upou the appearance of Miss Eamonde, she was greeted with a round of applause eer enthu- siastic, and a considerable time elapsed before sufficient. order could be reatored to allow her to commence. The talents of Miss Esmonie, as a reader, have heem fully and favorably commented upon in previous articles in this and other papers. We can only repeat that her style mivently classic. Her roles fees isa good one, she nae perfect command of, i eer with equal skill and judgment. Witha raat pana and accuracy of pronunciation, she unites a chast sod ontaral gesticulation.” hace Mh amiaienaineee impressiveness in her reading that completely clectrifea, her listeners, and frequently during the course of the. evening she roused up the old Celtic blood iv « manner rarely witnessed on any vecasion. ‘The selections were very judiciously chosen, seemed to afford universal satisfaction. A Cashla Gab Machree,”’ ‘Nationality,”’ ‘‘Shane’s Head,” and ‘‘Fonte-. ney? might be pee ashe ag the principal. tthe end of the second part, Mise arp came forward, amid the most deafening applause, and re- Soros fosca to ee. audience in the following neat and P <, of AND Gum rieatas—With fclings of earnest sad sin~ cere gratitude for your warm Mer cea pe kindness extend- od te moon this Seon other me, permit me to thaak rn Featlomsn wos bere rah * ditinenithed compliaense Suaties a ett thats L sheet oo gg cvening whieh vibrated through Tic? ann Cr seas Sainiestiat Seine. Iwas peculiarly bonoted~ more 1 was delighted tbat amo ecchlan stratus s“ipish conte kd patrtoticw oy iiand tw eel be pardoned aa it Eclat, n woe ive eartey lends Heahand. at ean public ence gerts of mines and fersional de- Any enceess be efueiyt to ati pares ee due to their generous os Sesworel and patronage. il Vemnadtetion ne oe val for such Mhhospitatic and liberal reception is am ‘the continuous prosperity and success of a ation Loree a Deo, le to shox my native land owes #0 much, tof the militai & mK bed worm Todtiuate aa vant travel richt,”’ as @ woman, when T ex- fhat an Irish militia, or bry eeins nd, wil qetbe found to rally round and tal sreen ner of my country—an 1 do, in thls instance, exceed ¢ ich would not throb wildly at eat aaa ould not che or reel Dacia’, Native ands 4 The Wout’. Yekina enough to. acount masta on velieve’ me, T-shall never forcet your sete Scenes Va whose 1 ‘worthy of, at least, faithful and devoted Itiahwomans’ "or ip At the conclusion of this address, which was received. with the greatest enthusiasm, by general request anoth er he was announced to take place on a future oc- casion, Personal Inte! MEL. The new Mayor of Baltimore, Hon. Samuel Hinks, was. installed into office on the 13th inst. The Hon. Z. Kidwell, member of Congress from the Wheeling (Va.) district, is said to be lying dangerously ill near Wellsburg. ARRIVALS. At the niogton, Do Hote!— C. Griffin, bis a AVM. A. Dox ter, Wi Capt. Kennott, F, y, Hon. H. ee aastameht, Meat clas cana .B. Randell, Springt Pr homane, Marylan At the St. Nicholas Hotel—Hon. Samucl Casey, U, S. Trenenrer, Washington; Hon. Judse Barnwell Chaitertoas Hon. J. J. Tyndall de Veer, b. L. Wate » Rochester; Judge Johnson, Pat an; ty, Erie, Pa: H. H. Hornby, Es Liver ok Ca and Hazard, Buffalo; ‘Dun Quel Sanford, Albany; 9 Ite iisvknese, Pistia? - Young, Baltimore: Dr. Geo. Smith, ‘Roobes- han Stott,’ Esq., Hudaon; L, B, Henry, North ev. A. 8. Simpson, Oswego. At the Astor Bouse—J. B. Munton, R. Lomis, Ohio; H. Marton and Ames, Aurora; » N. J); J. H: Flagg, Ogdenshn: “Buffalo: G: Bilnton and refrant, Piiadeiphias f. Be cer But falo;J. Cowperthwait, Phila bins nen. Granger an an famt- ly, A. J. Granger, Canandaig Livemore, Boston. At the Prescott House—Ji mont; Charles Meigh, En; e, New Yor! hi . We i. Butler, New Tie W. Olive, Romer E. B Hail, Cleveland} W. B. Jones, Philadelphia; J. A. Walince, New irvine House—Hon. B. B. pe Rhode I land; K. peli imenes Di Dr. B. T. romaine cae Wo. . Beetrcaty Kingston ton, ‘meord, » ae Avery San tay ne Anh uffalo: A. ey Chanteugue; A Mauch Chunk, Pa. From San Toan, &o, in the steamship abet hn HLL Stevenso H. bo Forrest, B Co hae oh aL Au Forte Pi geen and 6 “De jarker, le x Tom- Paste clay and ale, Rev De a Saree is, MD fe den, MW F Lipaae, FO Head, J Lows a ie Fennels wifo and ‘apt. Kenne enter, Mrs sy i eeeieee 7a tielay and wife, Dr § Wet 08. ae and wife, Mrs 8 A Lewis, Mr Standish ana Bild, W Burden and wite, A Crabb, Bag, WeTovis, 8 C ay aee, Potts and wife, © HJackman, I Tobhison ond, MoNaser and sorvant, EJ Chenery, AG Kenzio, JR Cioue- Trewin d Parrett, JB Manton, GM Hutton, P Grant, # oc FH Sheldon FP Smith, W Paring, J Oven ant es, wife, S Minwick, HA eid Mise A M Merchant, S Nathan, wife, B Oakley, JR Ingersoll, ira G i and child, Mrs MoKay, HG Otis, A W Rand, J Bryant, B Bryant, GM Gardner, J Huson Mr Birge, A Dowbrid; a wl oh me, HAL. len, SL, Alexander, aM Ros BQ Irwin, JF Roames 0 ¥ Cho J Leitch, and 256 in the stecraze. From New ane ted Havana, in the peed Phila- N Graves, Geory i a Shaft, am, ‘MeBrid i D F Carrero, ¥os, George Boswell 0, FB Lag SF har Bee Wes Bie Abe From Savannah, in steamship Augustn—Miss Elliott, LH Kerbler, Mise Courtney, Mrs Thomasson, J A Roberts—7 in e stecraze. From Charleston, in steamship Southorner—Mrs Morse, Dr E Hoffman, Otto Weiner—I0 in tho st rom Atx Cayes, in sehr sae te syaney Oaksmith, one child and ber ny When 3 smerald eG Nerton, Miss lad From Liverpool, in eh Fullerton, ‘Min Kerr and daughter, Mr Martin and family, sft fuland. Court Calendar—This Day. Usp gi District CourtT—Nos. 17, 20, 21, 22, 23, ise ae KXME COURT—General term—Nos. Ft 89, 105, A a ‘00, 11 314, 154, 136, 20, 46, 137, 138, 1: turcom—insurance case on. fitesury ant empannelled; discharged til pabbelrtoon | Sorxrior ro anche 941, ag wer To9, ats To, 868, 4 By, 4 oh oe Sal, Se es, 968 86, oer pees SO ab 423, 781. Xe America Daguerreotypes, 25 cents,. }y HOLMES’ new invention, double camera, ra, taking two Tic. co, honored with a Patent of the United Sta fori yeage ‘atent rights for sale at 230 Broadway cibeeek team stpan uw eios id outa jag jt ‘i ue delivered from 488 Broadway, corner of’ Howard: sieosts by GARBANATT, artist. Best quailty, rain or suaohine, Large Size, for 0 ete eelerbe and in nice ease, twice the size ever taken for iBeent, and he fo geal, ry and nie that are made N's, 589 Broad Nopolien ecal : pares) es ‘Wedding Cards.—An assortment of Ever dell’s elegant evaraved wedding cards, envelope: gan bo tad on appllostion, or sent hy post to any. country. EVERDELL, 002 Broadway, corner of Wedding and Vistti: faabionatle teylere 5 A choice assortment ‘iver wafera, ec. Beale + KEMBLE'S, practical engraver, To Southern Travellers—Tho United States pail steamship ROANOKE, Capt, Skinn North ts afternoon, at 8 o'clock, for burg and ieee arriving at Norfolk in about twenty- four hours, Travellers wishing to co further Sonth can take the cars at Norfolk and proceed by railroad throagh the Carolinus, Georgia, do, PP an p yt Cold We catiaes a Busmserntie: " 4 slothing “Large and ologant sssortmont.— ALPI ‘ED MI variety of well made ale “Au ‘aloes for men and boys. We'asvatise tom markef pelos ue ry. ae. art of the aane at. tee eeason. & ‘258, 250 and 260 Broadway, corner Warren street. Winte TEES oy Bargains. Gate worth foreale a hal prie, meen the Pane de and tom trek sr par; hawis county, Be cents. Ren hopper gale flannol und Mkewise ev: deseription of i cotton and lik undershirte and raera mae ia vou TUN'S, 292 Gresawioh treot, corner of Shirts made to measure. meee Geywalieee ox Panna jig asd on i, Wilough aad Gr enka Eealareet bat werpr olenglag ts ahs etude a ahidenses iat iro, No, i Navaau'streot, N.Y. tan'be bad at Nes iB 44 Saopirtiaae sie with portrait and aero, Reprinted, alton Se te tation sega Fulton sweets