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ARRIVAL OF THE EMPIRE CITY. Seven Days Later from Havana. The U. 8. mail steamship Empire City, H. Windle, commanding, arrived here yesterday. She brings thirty-five passengers and a cargo of cotton, merchan- @ise, &c. She left New Orleans the 20th, and arrived at Havana the 23d inst. After landing the Havana mails apa passengers, and transferring the California mails ‘and passengers to the U. 8. mail steamship Falcon, Capt. A. G. Gray, ahe left again the same day. ‘The Falcon arrived at Havana on the 22d inst. ‘On the 28d inst., at 3o’clock P. M., about fifteen miles from Havana, the E. 0, passed steamship Crescent City, hence, bound to Havana. She probably got in the same @y. OUR HAVANA CORRESPONDENCE. Havana, Nov. 3, 1854. State of the Country—The Day of St. Cristobal—The Opera—General Concha’s Biict on the Slave Trade— Mantavo still in Prison—The Captain and Crew of the American Schooner Seized at Baracoa, to be Tried— Ordinances Respecting the Slave Trade—Contract for Boston Granite to Pave the Streets of Havana—Arri- vale—Late News From Callao—Business, dc. We have had since my last a great variety of revolu- tionary stories, in which I placed no reliance, and, therefore, failed to advise by way of New Orleans. The things, local here, of political moment, seem for some cause or other to be suspended, or action deferred for a more ‘convenient season, although I am coolly in- formed that we walk the crust of a smouldering volcano. This may be so, but there is wanting, I imagine, the deokd hand to give vent to the fiery elements for the puri- fication and regeneration of our social condition. We passed the day of his Saintship Cristobal, who gives us his blessed protection as patron and guardian of eur city, on the 16th, in the most devout and Christian- M&e manner. At the Cathedral took place the most august cermonials of the church, at half past ten in the morning, assisted by the Captain-General and a cortege ef the very ‘‘uppers’’ of our civil and military dignity. In the cool of the evening we took from the closet the image of the Sai, which, borne.upon emancipado heads, passed through several streets, (which had been cleaned and decorated in anticipation of the holy occasion,) escorted by a squadron of cavalry and a battalion of in- fantry, and followed by @ republican procession, which gathered neath the shadow of the same ‘platform’— the social extremes of this community. After walking it out, to show the people that the giant figure was unshorn of power and of its vast proportions, it was safely returned to its niche for a twelvemonths’ rest, after the arduous. duties efthe day. The 19th was Sunday, and a national holi- day, being the supposed birthday of St. Isabel, Queen of Hungary, and holding responsibility above for all of the mame, as well as for the peccadill of our own feir mistress. The cannons of our defences were in service the bce at noon, and sundown. The Captain- General held levee at midday, which was attended as sual, and gave a ball in the evening, at which were pd beauty and fashion of the city. It was only festive scene had in those halls since Gen. Concha’s last, just previous.to his departure for Spain. feast for the season, opened on the night of the 16th «¢ Atilla”—Manni, home with their papers; first ‘and Foresto following. The ehorus was not ized, not trained, not in voice or harmony, but the artistic parts were almost beyond the reach of criticism. The Results were favorable; the house was well filled, and the audience wa polnnemer at “aybay peers ofthe miner parts, wi not sustain the Jent embraced in the east. piarelehed te . Concha has given his views in relation to the Af- trade, in an edict published on the 17th inst., which restinds the previous ordinances of (en. Pezuela, while it better assures a strict compliance with treaty ‘tions. Parties—officers of the government—who have itted recent introductions at the east end of the have been arrested, and will be dealt with as Rees wy saternine, without favor on the part of the ‘neral, itavo still remains in prison, and for cause as last advised. The act consul, met with the pass- port of the n at New Orleans as @ Spanish er ond) feated in action for his relief. ‘captain and crew of the American scl movement which it was declared would certainly take ‘the Queen’s Saint-day, with regular count of pcm gr sy lagen It may come as a thief in the night, but foreshadowing of such event we do not eee. it 4 have Laat on the Eve jest mntlsoetens reorganization of our school, academic and co! te to bring education to cover all the wants of the eid nce and industry of the ere upon equal with like institutions in Spain, and to prevent the necessity of sending children from the country for their needful preparation for the duties of life. ‘The various 8 of recent issue you will find in ‘transmitted; and I would call your attention particularly to the slave trade edict in issue of the 19th, and to the propositions for contract in the same, for 000 are varan, (the ish vara is thirty-three Raita hes Jef § jon eae blocks, fen ving ‘the streets of Havana, for it of which the go- vernment will be secon, transverse length to ‘be twelve to fifteen inches ish); conjugate width ten to twelve ditto; and heighth nine inches ditto. To be delivered in quantity to suit contractors, from two bs yen aad A ‘a slg Lge and tee or very within e' mont rom same time. granit E, Tultveresfon ane wharf at Havana, by the govern- ment, and free of duty, and payment on cach delivery as made, with a small reservation for final adjustment, for Detter assurance of fulfilment of contract, adjustment ef measurements, &c. I find wag et of the press from the Isthmus arrived by the Falcon yesterday from Aspinwall, at the Hotel Cubano, ‘Mrs. Brewer. At same point, the eelebrated 98 Matilda Diez and her suite are weeruiting from the fatigues of a brilliant excursion to ‘the eastern cities of the island. This is as distin- apes omnes coneesvan ee th tele alan profession, & great favorite w: - Joving public. wmeng, strangers, only Mr, Joho a from New York, at same, leaving to day for ‘New Orleans. I hand you a late paper, Callao, Nov 4, ‘with a shipping list, that may be useful if you have not received i viously. Lhave no letters from the friend at inwall or Panama; but as the George Law left at me, with the Falcon, you will have all the news from ji Business not improved. Exchange on London 14 to 14: en. New York, 2to 234 ditto. Freights very auf, eat nt. Health good, New crop not Only ived, hy the Empire, ‘a few casks of molasses rece! just in, we are not happy to learn that Seacstepake allied forces goupase tobe ried much bear) ith we hope not at the price, in proj ion, of ‘the Russian Bshing village. fa ren B Havanay Nov. 23, 1854. Improvement in Postal Arrangements—The American Schooners at Baracoa—The ‘ Prenza’? thereon—Grand Fete on the 19th—Landing of more Slaves—Early Winter—The Opera Troupe, de. ‘It was with extreme gratification that I observed a vast improvement at Messrs. C. Tyng & Co’s., the agents for the Black Warrior line of steamships, on going to their office on the 12th inst., to mail my letter forthe Heriup. Permit me to explain: Hitherto, at the office of Messrs. C. Tyng & Co., as well as at the office of Messrs. Drake & Co., the mail bags’ of the vari- ous steamers have been suspended in the agents’ offices. ‘The resuit of this bas been that your correvpondent, and ethers like him, who defer closing their letters until the latest moment, have frequently had great difficuity in dxopping their communications into the bage without the-superscriptions being perused by some person or ‘ether who had followed closely at their heels; the mail bags being often filled to their utmost ‘capacity, when, too, without much difficulty, a letter, or even letters, might (and at the Messrs, Drake & Co.’s even now) may ‘be extracted from. the bags, and: no one, except perhaps the thief or his employers, be any the wiser. Indeed, a fiend of mine mentioned to me a few days ago that he bad inadvertently dropped a letter destined for Charles- ton, vin New Orleans, into the bag of the New York steamer, both bags hanging up at the same time, in the office of Messrs, Drake & Co., and that he had, without ‘to his mind, York steamer’s Goren letters, the of other parties.’? 7 Co. have, Praised caused dar extenglve Dox to be attached to This may appear to Pred a about which to I am, anxious to let ten here of interest, de EE re greed Seine fe oo ile letters in ‘mail bags it the will not,be read by is“ spies” who infest this city, the is moment. recently—I believe it was in my ‘1 S $ i 3 and them eta certainty th a ine letter. —that the season was n be matters of interest e present should as § we some stir ata far dis- iH period. was to make this intimation from 8 Occasionally given to me by frienis who have see Lineaah ip tls’ iota” Mince Aue Agvement in this island since the relation 1823 and 1826. I confess, however, I had not ant that I should at so early a period as the present have had in of so important a nature to communicate as will follow in this letter, I wrote you, if I mistake not, by the last steamer but one, of the sorters #t Baracoa of two small American hooners, under the pretence that they were laden with arms and ammunition. That some' ‘serious was an- tiefpated was evidenced by the cireuny of General Montano, the second in command, having been sent speebally {9 Baracon, to ingnire into all the ¢'roum- stances of the matter. That there was omnettiing ves any notice of the subject, in its impression of the 18th inst., aotiGine a letter from its correspondent at whieh is saffctently important to induce me i ceerremponont ot Reracon wr under date of a writes us, Ath inst., a8 follows:— , “The mercha: I te trans- penoreble Cubans will cursera—those who desire their country, and thoae who have come to their homes mi: seuadinatigatcen-whe cre heir “4 The iseral we'who are ti e len of the su this ts ovikywhan, and it ie ise This a discovered, and algo all those who are The two American t boats that hi schooner, with her captain, crew, &c., pected here in a few days, to take their trial, If credence can be given to the reports, which are the subjects of SEUBOET CHET een er have been no less than nineteen les shot by rentence of @ court, martial) near Baracoa, but it is so difficult to it the truth of the rumors constantly in circulation », that I scarcely give credence to one-twentieth of what is re- lated to me by the most reliable of our inhabitants. yep ag was the ay ae day of oe ea unda, and rely w) it, we the Havana si in pay Maa AS a Ye Was the penod fixed for a pro- nunciamento, if not something of greater consequence. Hewever, General Concha by some means got scent of ehbat was going forward, and instead of, as ly, there being a grand levee, and ‘ besa-mano,’’ or ‘‘kiss- ing hands,” there was not anything of the kind, There was to have been, too, a review in the afternoon, but prudence dictated there should not be one, to ait 0x" cuse was framed that the weather wae towering in the morning, and although the afternoon was ‘and de- lightful, yet there was,not a review. It was feared the soldiers would proclaim the constitution. ‘There was, however, @ very grand ball at the Palace that Sanlng, quite a recherche affair. It was observed that Concha paid marked attention to the beau- tiful Senora Montalvo, the wife of the Senor Montalvo, to whom, in previous letters, I have more particularly The Gaceta of the 19th was printed, in honor of the day, on yellow bag ae It contained a fulsome article in talen of Spain's Iittie Queen. an] a hesees tress Ganseal ‘oncha for the improvement of the nt schools, and for the establishment of schools of the highest grade: in which the various arts and sciences are to be taught, such as architecture, commerce, veterinary surgery, and the various arts and professions which require «“ study,” ‘all free gratis for nothing,” as an Hibernian wot It, be far wiser, were it in- tended to benefit the people, to establish common schools all over the island. it no, the spread of information generally could but lead to disastrous results to the fu- ture dominion of Spain over Cuba, However, as pro- greas is the watchword all over the world, Sire higher achools are ed here so t it may seem that Cuba is keeping with the “rest of mankind,” whilst we who dwell in Cuba, and are aware of the vast ignorance that so generally prevails in every section of the island, know that it is sheer humbug to attempt to teach these higher branches to a People ignorant of the first radi- ments of learning. It is completely like “giving hard meat to sucking babes.’’ A blight, however, ro ecg over the whole scheme, by the i tof 8 soldier, ce pernens I ought to have written an ‘officer of the army,” direct the schools. His Excellency, Senor Mariscal de Campo Don Antonio Sequerra, is to be the President of the committee for the reformation of the existing schools and for the establishment of the new ones. There were recently landed near Cienfuegos two car- goes of upwards of eleven hundred Bozal negroes, of which less than one hundred were captured by the au- thorities. This would scarcely seem as though General Concha was as much in earnest about putting down the slave trade as was the Marquis de la Pezuela. General Concha, however, has issued a remarkably well written set of regulations for the suppression of tho slave tratlic, in which he authorizes the authorities to enter upon any properties where they have cause for the belief that newly landed negroes are cting, however, with “ due circumspection,”’ so as not to disturb the discipline of the re the ae ation is 80 hampered wit! ‘autions provisos, that none but aSpaniard could possibly hops tiny would be carried out ma fide. Winter has come early upon us. We have already had two brief spells of cold weather; my thermometer has been as low as 68 deg. of Fahrenheit. The Italian Opera company have given three perform- ances. ‘Atilla’? was represented on the first two nights, and on the third Signora Fierentini made her it before a Havana audience in ‘‘Norma.’’ The Tacon theatre was crowded from pit to ceiling, and the lady produced a sensation that you must ij ine, for I cannot attempt to describe it. Let it saffice that the de- sire to hear Grisi scarcoly now exiats in this community. So powerful an organ, combined with so much sweetness and brilliancy of txecution, it has never before been my good fortune to hear rendering Bellini’s lea music. POUGHKEEPSIE. abe aghast schooner a pietoa. math of Har- ington, Maine, sprung a leak on her passage from Aapin- wall tc) Baltimore, amd put into this port. In distress, and sold) by public She has been surveyed, condemned, nderstand, twenty-four eapey of auction, bringing, I w seventeen dollars each ! LEGAL INTELLIGENCE. The Childs Divorce Case. SUPREME COURT—CIRCUIT. Before Honorable Judge Roosevelt. SECOND DAY. Nov. 28.— Frances L. Childe by Lissack H. Simpson, Ir., her next friend, vs. Solomon Childs.—The proceed- ings were resumed by the counsel for the plaintiff read- ing the depositions of Alexander Dalzell, a police officer of Cincinnati, which stated that he@ijew,Belle Forrest, that she kept a house of ill fame in Cincinnati, and that he had seen the defendant at the house of Belle Forrest. Solomon L. Simpson was recalled, and counsel for de- fendant insisted on his being sworn again, as he was merely sworn to preliminary matters. The Court thought he had better be sworn again. Witness was about toaffirm, when the counsel for the defendant asked him what was his religion? Witness declined to answer. He believed that when he affirmed be was in the presence of his Maker. Counsel submitted to the Court that under the statute a witness was bound to be sworn according to the form of his religion, and he therefore asked the witness if he was not a Jew! Witness declined to answer. The Court said it was competent for any witness to affirm. ‘Witness was then affirmed, and deposed that he is the brother of the plaintiff; her parents are living; they re- side at 09 Prince street; her father’s name is Lis: Simpson, and his place of business is in Beaver strect; he has resided in York over 20 years, with the ex- ception of occasional trips to Europe ; the plaintiff is younger than I; she is about twenty-two or twenty-three; she resided with her parents up to the time of hier mar- riage ; she lived in no other place up to that time; after her marriage she lived in this city; I knew the de- fendant two years before. the marriage; 1 was on speak- ing terms with him only for about six or seven months jous to the marriage; I don’t now where the defen- dant lived at the time of his mi , but he resided in | New York; he had business here for two years before his marriage; his eee was in South William street® I don’t know the number; he was the purchasing partner here | for Childs, Brothers & Co., of Cineinnati ; after t marriage they went to reside at the house of a Mrs. Phil- lips, in Houston street; they went there the night of the day of their marriage and remained there abo or eight weeks: they then came to my father’s honso, and stayed there four ‘or six weeks, when they went to Cincinnati ; the defendant said he was ‘¢ his wife to Cincin- nati to introduce her to hia family, and that he was go- mall tour of pleasure; he said he expect- go! at two 8; he remained away four or six wecks, and returned to this city; his wife accom- panied him, and they came to my father’s house, and Temained there four or six weeks; Childs left sean in October; he did not take his wife with him; he left her atmy father’s house; he said he had some accounts to collect out West, and would be gono about two weeks; he told his wife. that, sho snould remain at her father's house until his return, and that he would then go to he in nth street, New York; ho Seventee: oe to take my father’s house, 188 West Seven- teenth street, for ene year, niture before he went fy ty: she has 5 purchased some far- out test; he left it with my ‘the whole or the greater the defendant did not return from have resided at my father's I in ype; I sister; T a in Sbsence; 1 havo i a pe is Y, place ce, oe he wen been a pried tt i has resided with my father ever since, wilh, the pes tion of one occasion, when my father we and she then went to live at hy. elder Tekin y is: nard street; since the departure of Mr. Childs I have n in Cinginnati more than once, and saw him, (Childs) there more than once; I did not ik to him; I have no doubt he saw me and knew me: did not recognise me; he always avoided me; 1 have been to Cincin several times tince he left hie wife; T'Lave. ‘been tn the house of Belle Forrest; the first time I entered it wasin | the fall of 1851, hither in October or November: I know | At Wes spe of tb. we meu lis, d Wee there aguip abd visited } the house of Belle Forrest in 1862 cr commencement of ‘Did you ever see the defendant there at Belle For- ‘es house? A. Yes, sir; the first time I went to the house was in fall of 1851; I arrived in Gincinnati at about 03, ~ ae ep tomy we house and left L there; 1 then went out and was Flurl, Cnstanad ‘when I caw Solomon Childs vancing al s or three-q: Bete ditingtish hie; bo baa peculor’ walk and’ T me ; he a r wal knew him hi I crossed it; seeing him mina Sree bos Bil he pessed, i 2 H é iE i Be u iB t f H fe fll nl fi epee af =F ing, but not loud enough Counsel for defence asked permission to sit during his cross-examination. ‘The Court said the rule could be relaxed, if the counsel ‘was unable to stand. Counsel did not labor under‘any physical debility. He would stand out of respect to this court, but ‘that the rule was binding on j, and he always meant to deny iti) It was inconvenient to “him to stand, because Dehag ba st which were always affected by standing or The Court considered that sufficient, and the counsel sat to his work. ‘Crous: Tknow the heey Phe the Childs; So- or. five brothers—Jacob, ur - ' T believe; that is om I aa name; they are men grown; I am no’ Besitve which is the oldest; either Jacob or Marcus and Solomon comes next; I can’t tell the difference between. ‘the age of Solomon and William ; I should judge from ap- pearance that William is five or six years younger; the stoutness, in combination with other circumstances, makes the difference in their appearance ; Solomon Childs is a stout man, with a peculiar walk, and has the air of @ man of -five years of age; William Childs is, penne; slim, tall, and quite a different build altogether Mere ad ds; Joseph, is quite ® young man, about eighteen years o! ; Mareus has a appearance of a manof about fift; oA sixty, with fray ir; the next to him is Jacob, and has pretty much oppeemenge of Marcus, except that he has not got y hair, ie witness was here cross-examined as to the locality of the house of Belle Forrest and his uncle’s residence.) He did not recollect whether the streets were lighted with gas, but he thought they were; it was a very light night; id not ‘k to Childs when he saw him; wi lent Dalzell about $50; thinks he hae his due. bill for it; lent him that $50 in 1859 or the Jatter part of 1882; don't that any other member of the family lent Dal- 201! noney. Q. Did you employ Dalzell to procure testimony against defendant? A. I asked him to assist ‘mein get- ting taatimone oqninst ndant; this was on the first interview,in the latter part of 1852 or In 1853; there was no light in the'room w! we sat except what shone through the kitchen; the crack in the door was there when I went in; Belle Forrest nor any one attem; to shut it; I (ang to Belle Forrest in a whisper; I don’t know whether Chikis went_to Cincinnati In consequence of his failure in business; I don’t know thet defendant ever requested plaintiff to back;'I_neyer heard her say she would not go ‘back; 4t don’t know of her writing apy letters, refusing to go there; I don’t know of her making any eerersiions to go West; nobody said any- thing about wing or staying; no one prevented her from going. . ‘The cross-examination of the witness was continued up to the adjournment of the Court. Supreme Court. Before Hon. Judge Hoffman. ANOTHER DIVOROE CASE. Nov, 28.—Louisa Gibbs vs. Aaron S. Gibbs.—This was a suit for divorce, on the und of hag Dee adultery. The parties) were married! im Boylston, Mass., in 1831, and rubsequently resided in New York for eleven years, Recently they kept a boarding house in Chambers street, ‘The defendant denies the aeta of adultery, and pleads condonation, even if he were guilty. The evidence so far has detailed personal and lily sufferings to the plain- tiff which are unfit for publication. United States District Court—In Admiralty. Before Hon. Judge Ingersoll. RIGHTS OF MATERIAL MEN AS AGAINST MORTGAGEES. Nov. 28.—James S. Wilsom ve, The Steamship Jewess.— ‘This was o case tried about six weeks since, when Mr. D. McMahon, Jr., appeared for the libellant, and Messrs. Betts & Burrell for defendants. This morning it was decided by his Honor Judge Ingersoll in favor of the li- bellant, with costs, The following is the substance of his opinion and decision: This was a libel dled in in rem, to recover the amount of a billof sails furnished the above vessel, It is one of a large number of suits now nding against that vessel, now represented in court by the seeds of her sale (she having been sold by the eatath ciiciice sinters pein tad and Coy ae by certain, iming mortgagees, an ve i priority over the libellant and other material claims. It appears that the vessel was owned in Baltimore bef: and was therefore, so far as regards this dis. trict, a foreign higeag In May last |the Baltimore own. ers registi her in Baltimore in their name, as owners, and one Wright was master. A negotiation then ensued between them and Wright for the purchase of the vessel. and upon that negotiation the vessel needing the re- yairs in question, was sent on to New York in charge of the master. ‘When she arrived here, and while her fo- reign character continued, the captain ordcred the sup- plies in question, The libellant went on under the or- der, and during the months of June, July, and August last, furnished the supplies in question. About the mid- dle of June, the purchase from the Baltimore owners, by Wright, the master, was consummated, and purchase money mortgages were taken back by the owners and a Mr. Trowbri Relat had advanced mom also became & mortgagee, w! conveyances and mort; were duly recorded in our Col'ector’s office, pursuant to act of Congress. Two it importance arose in the ca: Ast.—] sel, 2d.—Was that lien prior to that of the mort- gagees. On the first question his Honor said that when the libellant commenced furnishing the sup- phes the vessel was a foreign vessel, nedding sup- plies, and therefdre a Vien would exist in favor of the supplies furnished by the libellant as long as that fe character continued. But after the purchase by Wright, whether he was considered a resident of this city or not, and the vessel, from the fact of such ao domeatic vessel or not, made but little difference, inas- much as’ by the local law, a lien existed against the yessel, she not having departed from the State within the meaning of that act. I therefore find in favor of the libellant on that question, and hold he had a lien against the ship. As to second question, the matter pre- sents itself under a form of great difficulty to decide, yiz:—Whether the Baltimore owners and Trowbrid; treated as mortgagees, or the libellant had the puiority of lien, On that point, which ie undoubtedly one of at magnitude and of vast importance to the ing terest, we have two.decisions of two of our District Judges, adverse to each other; on the one’ side, Judge Hall holds, in a well considered opinion, that material men have & priority over mortgagees; on the other, an exceedingly able admiralty Judge, (Betts). holds that mortgages have a priority over material men. This was in the case of the Angelique. I had determined not to de- cide this case until the case of the ‘hich had been appealed before bis Honor Justice Nelson i istrict, had been uestions of d the libellant a lien on the ves- cuit Court of the United States for tl heard and determined by him, presuming that it'would have been so during the present term; but inasmuch as that appeal has not been heard, it becomes necessary for me to EY my Po te in this cage, aud.1am hap- py'to say that Ican do so without clashing with either of the learned Judges above referred to, A'though that question is undoubtedly involved in this cause, yet the ease may be determined without reference to that prin- ciple—if T understand the opinion of Judge Betts rightly in the case of the Angelique. From a careful inspection and consideration of that learned Judgo’s opinion in that case, I find that although he lays it down as a general principle that mortgagees have a priority over material mep, yet there are circumstances wherein such priority will’ not, exist; as for example, wliere mortgagees ave in fact owners, and shown to. be such, or held out as such. (The learned Judge here read various passages from Julge | Betts’ opinion in the case of the Angelique.) Now, are there any such cireumstances in this case to bring the mortgages, who claim a priority, within the distinction ot his Honor Judge Betts ? J find that there are. It appears that to several of these material men, Mr. Trow! , the alleged mortgagee, was introduced as an owner, and his deport- ment and acts were such as led them to believe that he wes an owner of the vessel whereon they. were doing the repairs. The acts of the Baltimore owner, in sending on their vessel to this port in charge of the registered mas. ter, needing supplies, and when she arrived here, she being trented ax a foreign vessel, also operated to’ mis- lead the material men into the idea that were owners, and not mortgagees, Now, if such be the facts, the libellant had no notice that these claimauta were mortgagees, unless the record in our Collector's of- fice amounted to that notice. Then that record amount to notice? I think n be- cause, from an examination of \the ‘act of Congress which provides that conveyances mortgages should be recorded, (act of July 29, 1860,) ft ry Tipedg that the record is only notice to persons ing title or interest in vessels by express conveyances or instruments in writing, and had no reference to the im- plied h. ‘tions under the maritime law, I, there- fore find this question in favor of the libellant. But if it had appeared, that this case could not have the gation the in of meget Teh ae e question of the pri 4 Yor ‘decision until after ‘the} vt retained the cause pearpet of and decision in the above case on appeal; but under find it ean be the peculiar circumstances of this case, T so determined without reference to them. Decree there- by Bd eda 4g & costs, and order of reference, ts ner v8. Roderick DiumDeotos Libel diamisned with costs, claimants, Marine Court. ov, st —Jaeph C Bal of Be sun a oh Nov. 28. . vs. j, A. ry B. Seoli, and John Elevcorth.—Née'uay IY aeveerat va. the Same.—Reuben S. Thompson, we, the Same.— Faw, R. Novth vs, the Same.—Theee t'ynr actions were brought for the recovery of wages a)Leged to be dee to the plain- tiffs for services rendere on beard ship Palestine, of whieh the defendant vcott was master and joint owner with the other defendants. The giant, it appears by the testimony produced by Mr. J. Hardy Prince, shipped at fan Francisco in August, 1850, forone or moreports in Peru, for astated sum per raonth, and thenceat the going rate of wages to a of discharge in the Atlantic States of the United States. On lrer passage from Cullno, with o ‘of guano, the Malesting, encountering ee- vere ) Sprung p loak, end wid vanbled to reach the port of Pernambuco only by the strennous and un- wearied exertions of the seamen, who were at the pumps both night and day. Here » survey was wi the su ‘the United States’ Consul, which re- sulted im the condemnation and sale of the ship, in May, 1851. Her cargo was discharged in by the seamen, and in part vy tia natives, and reshipped to Baltimore. The det 's admitted that the services were Ls the plaintiffs, and that they were the owners of the ip; but say, as.@defence to all the actions, that the ship earned no freight. They say further, as to the sea- man Beals, that he had given a full receipt; and as to Burbaak, North and Thompson, that they ‘deserted the ship, and forfeited all claim to wages. The presiding held that the plaintiffs were entitled to recover; that the entry in the log book, to prove deser- tion, was insufficient; and that ten the evidence presented by proved conclusively that the receipt of , put in by the defence, was given under duress, igment was accord! for the plaintiffs for the aFt Hon. Judge Campbell. Nov. 28,—G@eorge @. Sickles against John 0. Robinson. pic in this cause, which was reported in yester- fd a 1D, brought in a verdict to day for the de- ndant. ithe Gallery of Fine Arts. 70 THE EDITOR OF THE HERALD. Dear Sm:—What has become of the ‘‘New York Gallery of Fine Arts’? A large namber of individuals became life memberwon the payment of $1 each. Now it ap- pears that the:gallery is closed and the paintings boxed up. We would recommend one of three things :—Ist, Lat the Gallery be re-opened; er else, 2d, let the paint- amd engravings be raffled for oz, teen members; tly, 8d, let them be sold and be dis- tributed among the said members, which Jens be well received ‘thege ‘hard times.”” Can you en- lighten us on the subject, or at least call public atten- to the matter, and oblige yours, &c. A LIFE MEMBER. FINANCIAL AND COMMERCIAL. MONEY MARKET. Turapay, Nov. 28—6 P. M. ‘There was aslight reaction in the stock market at the first board to-day, with a fair amount of business in all the leading fancies. The movement towards the close ‘was very irregular, and quite a decline was realized in some of the most depreciated railroad securities, New York Central bonds advanced 1 per cent; Nicaragua ‘Transit, *¢; Cumberland Coal, '{; Erie Railroad, 4; New York Central Railroad, %{; Harlem, %{; Reading Railroad, 3{. Virginia 6’a declined 34 per cont; Delaware and Hudson, 14; Hudson River Railroad, 114; Michigan Southern Construction, 1; Norwich and Worcester, 2. ‘the market appears to be in @ very unsettled state. There is no particular tendency either way, and the |” chances are evidently just as much in favor of a fall as an advance. The low prices ruling for many stocks may, in the absence of any untavorable intelligence, in- duce'those who have available means to make moderate investments. | It requires very little money now to carry & large amount of stocks, and those who realized at high prices can now with the proceeds purchase of somo stocks more than double the quantity. Where such pur- chases can be made of productive stocks, the income from asmall capital pays a heavy rate of interest. Unfortunate- ly for the'success of such operations, outsiders have no fixed plan of action, They donot know when to buy. The lower prices go the lower they think they must go, and, therefore, very seldom come in at the lowest rates. The most important matter to determineat this moment is the probable course of prices—whether there is still a lower depth, or whether the market value of securities generally has become +o much depressed that any change must be forthe better. So far as certain stocks are con- cerned these points can be very easily disposed of, while others are more doubtful and require more caution in their consideration. We annex a table showing the rail- road companies, the stocks of which are usually operat- ed in to some extent at the brokers’ board, which have paid, and those which have not paid, dividends since the Ist of July last. There are many other companies which have suspended the payment of dividends, but as tho stocks are very seldom sold in this market, we do not mention them here, July 10—Reading Railroad, no dividend. 25—Cleveland and Pittsburg, do. do. Wew York Central declared 4 per cent, to be paid when it could negotiate a loan at par. Aug. 1—Hurlem, no dividend. Oct. 1—Cleveland and Toledo, do. do. New York and Erie, do. do. Rome and Watertown, do. do. Baltimore, Wilmington and Philadelphia, do. July 1—Panania Railroad paid 33, per cent, cash. Michigan Southern paid 5 Northern Indiana paid 5 Cleveland, Columbus and Cincinnati paid 4 per cent, cash and serp, 18—Norwich and Worcester, 3 1—New Haven & Hartford, 5 ou per cent, eash, Nov. 1—Stonington, 3 per cent, cash. The New York and New Haven Railroad has paid no dividend since the "Norwalk accident. The Hudson Ri- ver Railroad bas paid no dividend since the road was opened throngh to Albany. Tho Michigan Central only pays once ayear; their last dividend in January was 8 per cent, cash, Several of the companies named above as having de- clared a dividend since last July, have reduced the rate, making the payment as small as possible. It does not follow that the payment of a dividend by an incorpo- rated company is a guarantee of productiveness and prosperity, by any means; fur we have had lately, nume- rous instances of the creation of capital and indebted- ness, solely for the purpose of giving to the stockholders the usual semi-annual dividends. It may be that many of the railroad companies which continue to pay divi- dends are actually no more able to do so than those which have suspended. It is pretty certain thatthe suspended companies are in reality much better off now than when they were paying dividends out of capital. Stockholders and purchasers now know the worst. They know, that there is just so much saved, and they also know that the causes which led to a suspension of divi- dends brought about very important changes in the financial systems of each company. Economy has taken. the place of extravagance, and in all the départments there has been a thorough reformation and improve- ment. Wemay not see the favorable effects of this re- volution immediately. It will take some time toremove all old difficulties, and those interested must be for the time content with the fact that many of their invest- ments are getting no worse, if they are not getting any better. , After the adjournment of the Board, the following sales of stocks and bonds were made at auction by Simeon Draper:— $4,000 Harlem RR. first mortgage.......... Int, added, 80 2,000 Sandusky, Mansfield and Newark Conv., do.... 41 9 shares Domestic Annunciator and Bell Teleg’h Co. 3 do. Excelsior Fire Insurance C 6@ do., Cleveland and Toledo RR. Co. & do, Atlantic Bank... Albert H. Nicolay will hold bonds’ to-morrow, (Weinesday,) at 1214 o'clock, at the Merchants’ Exchange. Thursday being Thankagiving day, there will be no sale. ; At the second Board there was a very general improve- ment in the fancies. Virginia ’s were lower, and closed at a decline of 34 per cent. Tilinofs Central Bonds fell off. 44 per cent; New York Central Bonds, 1g. New York Central Railroad stock advanced % per cent; Reading Railroad, 1{; Erie Railroad, 1¢. The bears have bought freely to-lay, for delivery on their contracts maturing. There has been but a limited demand for foreiga ex- change for remittance by the steamer leaving this port for Liverpool to-morrow (Wednesday). The amount on the market is large, and rates have consequently fallen off a fraction. We quote bills on Londow at 01¢ a 094 percent premium. The steamer will not take out a Jarge amount of specie, Thus far only about three han- dred thousand dollars have been engaged, and the ship- ment will not be much beyond that figure. The amount of specie in the Sub-Treasury at the close of business to-day was $6,568,108 33. The attempt to rob the National Bank yesterday was a miserable failure, but the president had no hand in the discovery of the attempt. The paying teller, it ap- pears, while intoxicated, made disclosures which led to an examination, which resulted in the discovery of a de. eluding the vigilance of this board of council. Their ex- aminations are a farce from beginning toend. The in- terior of a bank parlor is really a curiosity, The direc- tora occasionally come in, take aseatin «finely cush- ioned arm chair, take up the morning papers, read a little while, ask the president or cashier if there is anything new, get up and walk out. The president and cashier walk in every morning at the appointed hour, hang up their coats and hats, read the papers, look over a few books, without caring much what is in them,keep a sharp eye on the clock, and at precisely three put on their coats and hats, walk out, take ‘an omnibus, and ride home. ,This is about the routine, day after day. It will therefore be seen that a smart, sharp clerk has every facility for carrying on any little financial operation he may desire on his own account, without much danger of discovery. In a few days, we shall probably have some- thing more startling than either the American Exchange Bank defalcation, or the abortive attempt om the Na- tional. After such a long period of extravaganee, there must be some astonishing and extensive financial devel- opements. By an official notification from the Superintendent of the Banking Department, which will be found in the ad- vertising columns, it will be seen that the notes of the late Eighth Avenue Henk will be redeemed at the rate of ninety-four cents on the dollar, on their presentation at he department. ‘The Treasurer of the State of North Carolina has issued proposals for a loan of $111,000 Six per Cent Bonds, the bida for which will be opened at Raleigh on the 20th of December next. ‘The warrants registered at the Treasury Department, Washington, on the 26th instant, were :— For the redemption of stocks. For the payment of Treasu: For the Customs Covered into the For covering into the Treasury from land: For the War Department For the Navy rtment 450 00 For the Interior tment. 31,579 25 For re-paying in the Interior Department 23601 51 A meeting of the second mortgage bondholders of the Rutland and Burlington Railroad Company waa held on Saturday afternoon in Boston. A committee of five was appointed to take such steps as may be considered ne. essary to retain the road in the hands of the Second Mortgage Trustees. The net earnings of the past year have been $120,000; a less sum than the interest on the first mortgage for $1,800,000, the expenses having been very heavy, owing to the bad condition of the road, and the income was reduced by attachmente and other an- noyances. The road is now in complete order, and it is estimated that it will earn $40,000 per month, so that the future prospects are more encouraging. ‘The Presidentof the Gold Hill, Mining Company, in a letter to the stockholders, from the mines, announces the suspension of dividends for an indefinite period. We give the letter, that the causes for such a movement may be perfectly understood: — Gow Hit, Rowax To Tue Srocknoipers oF THE GoLD Hit, MINING " New Yorx— GenTLEMEN—I hay ee my arrival at this place, commenced the examination of the books, kept by Moses L. Holmes, Enq., superintendent of the company; and, although! have’ not completed the examination; 1 aut satisfied that, owing to the large amount expended for construction of new builaings, machinery, and opening the mines, and the falling off of receipts, caused by an epicemic which has prevailed for the past six months, and which now prevails to an alarming extent, causing more deaths since its commencement than have a viously taken place since the settlement of Gold Hill, that were the directors to declare the usual sixty days dividend—which would be payable on the 1st December —there would be a deficiency, and a portion of the amount would have to be loaned. I therefore deem it advisable to inform the stockholders that no dividends | 3 policy here- adopted, of paying dividends while there are Sgaturt tho doeiphnys %4 vecy questionsbh Divi- dends will not be resumed until there be a sut in the treasury after paying fifty thousand dollars, balance now remaining unpaid for the The directors no doubt will be able at an earl ficfency in the circulation. It was a suddem movement of the party impliented, and not the result of previous speculative operations. The ‘report that the presi? it of the bank discovered a discrepancy in the tel eng ao. count is not trae, Had it been, it would” 14, neon rare instance of watehfuluesd on the art of an officer: fi Our banking’ fistitutions, “Bw’y “for Tegue’e. own impradence, he woul ‘have succeeded in his plans, whatever they might have been. There ste, at thin moment & good many more operations of a similar charevter in embryo, and we doubt if it is in the power of any bank officer to ferret out _Gny Gefalcaitiows without the aid of the defaulter. The Amerteat Exchange Bank, in which an enormous defal- cation has just been developed, have a board of council, (different from all other banks,) whose daty it is to ex- amine into the affairs of the bank and report thereon. If they find anything wrong, they are clothed with more power to act than the Board of Directors, Stockhold- ers having relied on the fatthfal performance of duty on the part of the board, have been lulled into a feeling of security, believing there could beno wrong beyond the reach of such investigations. The paying toller of this bank admitted that he had been carrying em hin epera- tone for org than a year, and found po dificulty ip commence payment of dividends, ad the disappearance of the present epidemic may be reasonably expected, when the necessary hands can be kept uj which cannot now be done, The mine loo! who have known it longest inform me that it never showed better Prospects, ‘and such 13 my opinion after a thorough examination. Hence stockholders have no cause for the least uneasiness on account of the tempo- rary suspension of dividends. Respectfully yours, J. H. SMITH, President. The annexed statement exhibits the quantity and value of merchandise exported from this port during the week ending Friday, Nov. 24, distinguishing the destina- tion and extent of shipments to each place:— ComMERce oY THE PorToY New York—WELY ExPORTS. LIVERPOOL, Quant. Value. Quant. Value. Cotton, bals.2,493 $101,179 Apples, bbls, 200 $450 Corn, bus.198,056 186,348. Drugs,'cs.... 16 2,157 Flour, bbls,.3,079 25,805 Oilcake,tons, 105 3,900 heat, bus.6,505° 12,712 Copper ore,bls 21 2,000 Beef, tes..... 186 6,900 Rosin, bbls..1,248 4,515 Cheese, Iba.64,182 5,147 Staves, No..8,000 1,3 Hops, bales... 59 3,777 nila Gambier.../. 215 2500 Total........044 $358,700 LONDON. Flour, bbls..1,300 $10,680. Sp. oil, gall.55,831 $92,702 Beet, tres. ..1,383 44,770 Whale do,...6,301 3,155 006 Lea cloth, cs. Lard, Tbs....24,164 Chareoal,t 46 5 Cheese,Tbs 213,055 21,15 Pork, bbls...'602 9 Ten, chests..1,260 31,315 Strw goods,cs 550 Ensen’loils,ce 4 '450 Hair dye..... 384 Copper ore,es 123 6,300 Sewing mach. 100 Oars... 00. 1,566 1,251 Rosin, bbls... 100 k ‘W. bone,ibad7}001 14,800 Dent. Inst,bx 1 Tallow....156,470 Fra&skns,pk 9 Tobacco, hds. 158 ‘Wool, billets 2,051 Hops, bags..1,184 93\868 Staves, No. #,000 Oileake, bls.7,342 86 Tobacco, alot’ — 4,441 HAVRE. $2,060 Silks, es 3,500 Artfl. teeth 23,887 210 1,770 14,482 1,558 Total. ...sseeeee 8 924 575 334 , 650 P. ashes, bbls 40 1,262 Potdo......+ 25 900 Jewellers do. 39 4,840 L. rubber, bgs 777 32500 Spars, M..... 7 "665 Bkr's'btrs,bbl 5 = 524 GLASGOW, Cotton, bis... Whale foots 40,525 $2,040 Flour, bbls Wh. oil, gls..6.471 Lard, Tbs Rosin, bbls... 41 $852 Rum... . 200 598 Staves, No.40,000 Rosin 345 Staves, No . 3,000 At | 63 Sh’ks &lihds,2,000 Tobacco, lbs 17,382 2,797 a Raisins, bxe, 625 1,158 — Total.../.....000 $90,662 RRITION WEST INDTES. Flour, bbls... 108 $967. Bread, s.... 55 855 Corn, ‘bush... 40 40 Candles, bxs. 310 1,068 Cornmen!,vbls 62 200 Ale, bhi 8 64 e+ 12 206 Raisins, bes. 40 78 92 386 Potatoes, bbis 716 2,148 1,680 139 Sheep, No.... 20 10% ‘oo 75 Otherarticles, —~ ay al $10,738 Guueeiinges 268 *o00 Gun ca « 0 2400 Lumber, ft.121,000 2,178 2,400 470 Bere ht Ce ee ek eee) GUIANA. $1,408 Candies, bxa. 11 100 62,800, a 230881 . (4a $$ or Batter... 30 % Bread ke, 2 & Fish, bx? 1 105 Candles 2, —- Syrups. 42 67 Any Lard oil, gals, 250 BUS | Totals. OTB Apples, bbls . 300 8750 Shooks...... Polatoss. ..- 200 , o'a00 ian uml i Shook» hhd. 2,019 ‘ Oil, bbls. 5 3,000 Nails, kegs.) 440 853 Cider, enses,. 185 9% Ale, bbls. 0 100 Ca 100 72 Paints, sagen. m bas rhea, 040 ——— a 908 purchase of the property. ly day to | NEW GRANADA, Flour, bble,.. 200 $1,969 Liquors, bre. 34 214 Dru 3 | Corn,’ busheix 200 Do. bbls 12 Lumber, ft.. | Other articles — 200 Total.....+s0ee0+ 95,468 BRAWL. Flour, bbls,,5,668 $50,815 Clocks, boxes 26 $210 Matches, cas.’ 24 70 Candles...... 40 364 Starch, boxes 50 134 ‘H’dware, cs.. 32 259 Crackers, tres 4 54 284 Woodware, dx 80 66 3,528 &. turpt’ne,c 93 1,116 Cheese, } 400 White lead, k 53 11 1,996 be My bl 195 215 —— 960,958 MAYTI. $6,146 Potatoes, bbls 25 $7? 78 Onions, crates 6 8 1,830 Tobacco, Ibs.. 858 108 ‘346 Drugs, 2,256 436 Guns.. re Oe 250. Powder, kegs. 200 80 304 Chairs,doz.. 5 104 155 Tobacco, bls. 10 20 257 Shingles, bdls 98 164 1,457 ,ft..10,236 201 174 evee ne elT, 201 329 197 — flee, 16 175 Total..........-.€16,224 BRITISH EAST INDIES, Boots,cases.. 4 $250 Chandlery... 188 $1,336 Candles, bxs. 100 1,280 Lumber, pes 8,765 2,281 W. oil, galle.2,087 1,856 — Total, Perreeeeeeeeere te terre terrier 008 MATRA. ., Domesties,ba. 100 $6,542 Gunny bags.. 40 $18 anennecersensressssiibsdeebes covseeeree 96,724 ComPaRaTivs SUMMARY OF STAPLE ExPorTs. 1853. 1854. Amount. Value. Amount. Value. Flour, bbls. ++ $5,889 $611,394 20,804 $179,571 Wheat, bush 361,382 575,378 14,295 28,712 Cotton, bales 4,181 175,144 3,828 153,702 Corn, bush.. 259,445 21,844 | 18,117 732 8, “ Bx 8 for the week + $1,464,056 * Pree neeee fee » 21,214,534 Since Ist July......+-.00+ ake stcennces Total a of produce from July 1 to Nov. 23, 1863 tots Pree 4 aeeeesees $18,083, 23¢ Total exports ‘of produce from July 1 to Nov. 28, 1864, Difference,.....-+.++++e0ee+ Hayti. Brazil, . Total $1,604,117" The value of merchandise exported from this por during the past week was only, $94,612 less than th value of merchandise imported in the same time, Th total exportation—merchandise and specie—for th week exceeded the total importations for the same time $171,345," This is something very unusual. For som | time past the imports and exports, including specie have been pretty nearly the same, but now they ar nearly equal in amount, exclusive of specie shipments. Stock $5000 Kentucky 6s.. 4000 = do... 500 Ohio 68 760 . ‘Trespay, Nov. 28, 1854. 2000 Virginia 6s.. b3 2000 bs 500 5000 a 2000 Missouri 68 3000 Calif, 78 °70.. 2000 50 150 Harlem RR. 2 30 Union Bank ,... 1074; 14 New Jersey RR.. 113 35 Del & Hud Canal 111% Readii 30 65; 10 Bk Stateof NY.. 95 Cd 10 Contin’! Bank... 6 30 Fulton Bank., 65; 100 Canton Co 65: 50 di 65: 65: 30: 30 30 550 d bs 30 10 Mich So Const'n. 76 100 Nor and Wor RR. 35 50 Mlinoig Cen RR.. 95 BOARD. 350 Reading RR 66 200 do LJ 85 = 200 do 30 66) 21000 Ill Cen RR b.c 6645 500 do... 83 66 3000 NY Cen RR bds 82% 10CiCol & Cin RR 92 1000 Har. Ist m. bda 80 8 Hud RiverRR.. 30 ib Canton Co 33 200 337 33) 33 83; a Tuxspay, Noy. 28—6 P. M. Asnrs were less active, but otherwise unchanged. Baxapsturvs.—Flour was rather dull and a shat easier, the sales including 7,800 bbls. ordinary to choic State, at $8 25 a $8 623; mixed to fancy Western, : $6 75 a $0 26; 2,100 bbls. appenine Canadian, at $8 4 a $8 8734, in’bond, and $9 625 a $9 75 free; with 2,2 bbls. low mixed to fancy Sou’ at $8 500 $10 bbl. Rye flour was retailing at $7 « $7 62 Corn meal was in riers at $4 5615 for Jersey, and $4 81); » $4 for Brandywine, t was quiet but st: me , bbl. ea , the sales embrace 3,000 bushels Canadian white, free, at $2 1734; ar 1,600 bushels Southern red, at $2 03. Sales were als made of 500 bushels rye at'$1 40: 1,000 bushels barle malt at $1.50; aud 92,000 bushels corn, mostly Wester mixed, at 93¢'a 94e. per bushel. Onts’ were less actix at old rates. Covren.—The sales were moderate, and embraced 10 begs sJaguayra at 11}c., and 50do. Maracaibo at 10<« a ‘c. CoTrox.—The sales reached about 800 a 1,000 bales Since the Atlantic’s news, there has been about ‘yc. dé cline. We quote middling uplands at 8%jc. a 9¢., de i at 8c. @ O}¢c., and New Orleans at 87%c.1 se ‘REIGHTS.—Rates to Liverpool continued firm, with er Faeements of 30,000 a 40,000 bushels of corn at 6d., fr ulk and bags; 2,000 03,000 bbls. flour, at Is. 9d. ; 60 bbls. rosin, at 1s. 6d.; 600 a 800 bales cotton, at gd. compressed. 80 tons dead and 300 bbls. were engaged at 15s. per ton. London, 15,000 bble flour were engaged at 2s, 2.000 bbls. turpentine at 2 6d., and 50 tons oileake at 208. per ton. ‘0 Havre, 5,00 bushels of corn were engaged at 10c. in shipper’s 100 bbls. provisions at $7¢., and 2,000 oars at 1c. To Antwerp, 1,000 bbls. pork at 3¢. To California, rate were steady, at 35c. a 40c. per foot measurement. Frurr.—About 600 boxes museatel raisins were « $2 75, 500 do. halves at $145, anda lot of que 4+ The. Layers were at $3 16 a $3 20. atiers : HaY.—The sales embraced about 500 bale Hors.—Sales have been made of 87 ba! | <*, at 70c. last at S2e. a Re tted Tb. #8 new since ov Ons. —Crude wi was in r gallon, Crude 6 ae Tequest at 61c. a 62 janwfactured kinds ruled’ «@8 very rare and quie olive changed hands at |, 400ut the same. basket ing at Sle. a 83c. pr «@ S0each. Linseed was retai hpovisions.—"__« 2¢ Rallon. ineluded 7¢* and $1 arr ed were in demand Lard was purchased #8 10}4c., and 600 request end fir at previous. quJj ‘Prime dealin, at $25 © $27 50 for the better kinds eof hams were selling in lots at $14 a $16 pr cheese were » ‘and ays ‘The market Me. @ 5c. The # 2 33 s. i i i i He i i i - £ ae semihaide Biest st Sering avon atahveart 10, $400 3 ES 3 a