The New York Herald Newspaper, December 29, 1854, Page 2

Page views left: 0

You have reached the hourly page view limit. Unlock higher limit to our entire archive!

Subscribers enjoy higher page view limit, downloads, and exclusive features.

Text content (automatically generated)

MEUNICIFAL AFFAIRS. MERTING OF THE BOARD OF SUPERVISORS. THE SALARIES OF CueRKs INCREASED. PROCEEDINGS OF THE ALDERMEN. THE COUNCILMEN IN SESSION. Public Improvements Forthwith. Work and Prompt Payment for Laborers, | &e., &, &,. BOARD OF ALDERMEN. Deo. 28,—Nathan ©. Ely, Esq., President, in the chair. | ‘The minutes of the last meeting were read and affirmed. MISCELLANEOUS MATTERS. Several reports of the Committee on Roads, in favor of paving, grading, &c., various streets and sidewalks, were presented and concurred in; the report of the Fi- nance Committee, concurring to reduce the tax on the New York Oil Company, was adopted; report of the Com- mittee on Fire Department, non-concurring with the Councilmen to organise Isaac Sealey and others as a hook and tadder company in the vicinity of Fourth avenue, adopted; of same, non-concurring to have a new engine built for Engine Co. No. 3, adopted; of same, non-con- curring to build new engine for same, non-concurring to organize a hose comp: Twentieth ward; of same, concurring to or tompany, to be located at DONATION TO TH ASSOCIA ‘The report of the Committee on Finance, in favor of nourring with the Councilmen to donate $1,000 to the Women’s Association to Gnd a hom discharged fe- male convicts, was received and adopte THN FORT GANSEVOORT PROPERTY, The special committee to whom was referred the re dof Councilmen recommending that the ¢ the Fort Gansevoort property at 20,000—aearly double the sura it sold for two years The committee sub- ago—reported a non-concurrence. mitted a resolutioa, asking the opinion of the Corpora- tion Counsel as to the legality of the sale of the pro. perty by the late Common Council. The report was ordered to be printed, and made a special order for Fri- <iay evening THY SALM OF THE MARKETS. On motion of Alderman Wak®: document No. 50, being the report of the Committee on Finance respect- ing the sale of the public markets belonging to the Cer- poration, was called up. Th "aC The subject would seem to present itse mittee mainly under two aspects financial in to your com- first, as it alfects the ernment, and secondly, d be the effect of ical a change in our as would seem to be recommended by upon the individual and sociat interests erests of th ce of our citizens in ge On the firat of these, respecting i et upon the financial interests of the city goverar have much light contained im a report or communication from the Comptroller Board of Aldermen, May 10th last, forming document No. 41 of the board, to which the committee would nts bear- ing upen the subject. é By statement No. 7 of this document it appears that the lons to the city government in 1853, over and above all receipts, exceeded thir nd dollars. Add to this the taxes on one million of dollars, the valuation of the markets, would increase the amount to over forty thousand dollars. In statement No. 4 of the same document it is shown that the actual loss, founded upon a well digested estimate, and actual receipts and ex- penditures, would be over fifty thousand dollars. But your committee are wellaware that even the year- ly expenditure of fifty thousand dollars, to be added to the annual taxes, would be no sufficient argument against the present system of markets, ifit could be shown that a corresponding benefit was derived trom its continuance. They are therefore bréught to view the subject in the second aspect proposed, viz.: its effect ‘apon the interests of the citizens generally The resolution calls on your committee to furnish the reasons, if any there are, why this branch of trade should be provided with special conveniences aud 1 tions, at the expense of the corporati mn, over ever, io or business left to the private eaterprise aad are constrained, after viewing the subject in every aspect in wuich it presents itnelt, to say that, except country markets, they cannot give auy factory to themselves; on the coutrary, restriction than t which the nat In the langui of the f the Comptroller, agency is no more nece in procuring beef, pork and mutton, than in procuring cotiee, tea and molasses. In both cases, is pot our reliance and se on the cha racter of the person who furnishes the whe- ther in the market or out of it?” W with’ raw the bungling hand of government meats which are wanted for the daily consmm: the city, and in this, as in oiher matters, let t late itself /"’ Your committee believe that in this matrer they may safely appeal to the sal experience of the present age, that any enterprise hin the power and scope of uals, is not only more cheaply and Wut better in every way, and more i 01 to the satisfaction of the community generally. economically In connection with this subject comes 5, the whole matter of the city ordinances, granting licenses to ker’ and others, and imposing numerous restric- tions upon the sale of articles in the markets, &e., all, ‘or nearly all, of which, in the opinion of your committee, are of evil tendency, calculated to materially advance the price of the necessaries of life, and therefore bearing peculiarly bard upon the poor and laboring class in this city, and therefore ought to be repealed. It'is becoming more and more a maxiin in legislation, that monopolies.are not only odious but unjust in them: selves, and ought not to be resorted to in any case where the object to be attained can be accomplished by individual competition; then why should the sale of meats or vegetables in small qnantities be restricted to certain license? individuals, and all others restramed from the privilege, both seller and purchaser? Why should not the poor laboring man be allowed to purchase from the farmer iv the market or elsewhere, two or three pounds of meat or a small quantity of vegetables, at prices at which individual competition, unrestrained, would bring is, regulated only by the laws of demand anit supply, the only true standard of value. The poor or rich man who now goes to market, will find that be may travel the whole round and find that both "for meats and vegetables a uniform price exists, giving rise to the suspicion that there is a combination among the sellers to se!l at fixed rates; and whether this suspi- cina is correct or not, it canuot be deemed that the ex- elusive privilege possessed by those licensed has a ten- dency to place this power in their hands. There is no city in these United States, or perhaps in the world, better situated to obtain supplies at a cheap rate, than the city of New York; inaddition to an inland ‘water communication af hundreds of miles, our rail- roads now stretch their arms over thousands of miles of fertile and productive territory, the fertile hills of Goshen, and valleys of the Upper Delaware, as well as the banks of the Hudson. Long Island and New Jersey, for a hundred miles around, may send daily, and even within 9 few hours, their supplies of everythiag neces- ary for a luxuriant supply tor all our wanits, so far as jhe market needs; and all thatis wanted is for the city pvernment to provide accommodations for an unre- itricted t)ade in all the necessaries of life, leaviug to the ree competition of the producer, with the necessary vecommodations for his convenience, the privilege of ‘upplying al! ovr wants in this respect. There have been recently great complaints by persons from the country, in the habit of attending our markets with vege ables, that they are restricted within certain Ivanits for the sale of their articles, and that they find the privileged space so crowded as to prevent their en- trance until the bert time for selling is over, and they are then left, as they complain, to the tender mercies of middlemen and speculators. + There have been frequent and great complaints made against what has been called a class of monopolist, who are said to forestall the market, and in that way ! the price of the necessaries of life. Your com: would not be understood as joining in this complain any farther than such a monopoly is fostered by the Taws and ordinances of the city; it should be the privi of every man, at bis own discretion, to purchase and sell as he pleases, and if he is not invested with some ordinance calculated to foster bis trade into mo- nopoly, he will be useful rather than otherwise to the consumers; there is nothing so potent as free competi- tion, and the laws of supply and'demand, to cure ali the evils, or supposed evils, raid to grow out of this system. Viewing the whole subject, therefore, in its several bearings upon the interests of the oity government, and also upon the interests and convenience of the cithzens in general, your committee have come to the result that it is their duty to recommend that the Com jooers of the Sinking Fand be instructed, at their discretion, to poll or rent all the markets belonging to the Corporation at public auction, in conformity with the provisions of he city charter ‘ They would also recommend that at least two, if not ®>ree, (say one on the North, and one on the Kast xivee,) markets of ample dimensions for the accommo- dation of producers from the country, or for any others ‘who choose'to oceupy them, for the purpose of the pur chase or sale of all manner of meats, vegetadles or pro luce of any kind, with convenient stands for articles penis. in by vessels; and also for wagons and other ‘hie! Permanent stand or space be let to any one, but that » Fraaeaaple awd moderate charge be made, daily, to any one yisting to oceupy them; and that the matter of Duying selling be left entirely free to the parties to purchase and sell in any quantity, or at please, unrestricted by any ordinance o1 he oity government. ‘our committee, for the above name reasons, recom- of the following resolutions :— 1 That the Commia: of the —— Frand be, and are hereby, directed on or before the 1 da of leane, an shall from the immediate vicinity of the city sthat no | 2. Resolved, That it be referred Markets to inquire and commended tn, this report commer 5 arrangement for the same, the best material building, aud im general anyting coanected therewith tending to carry out the views and principles of the bo | x Reed ved, That the Committee on Ordinances be, | and they are hereby, instructed #o to revigt the present | ordinances of the Corporation respecting this markets, | the repeal of the license laws, &o/, as shall bring them to correspond with the recommendations of the above WM. OHAUNCEY, THOS. CHRISTY, } Alderman WAKKMAN moved to fill up the first resolution by inserting ‘lat of May next,” and in | doing so, strongly urged the necessity of selling those Alderman Mort also spoke in favor of the sale of the | markets, and leaving the sxtecaring one to public com- | petition. More markets were requi town. Alderman Cuavncer was in favor of rid of the | markets, as they were an expense to the city. Alderman Hust moved to strike out the word ‘‘sell,”’ | so that the resolution would read ‘‘to rent or lease,’’ &c. | . Alderman Vooruis was oueere to igh ym to sell | the markets, as wrong, particularly at time, when TAlgentina Tlowraie fpoke tgslth’ tk f sell Alderman Howarp spoke against the propriety of sell- ing the markets, and insinua' avis eee roject | set.on foot by parties who were anxious to buy ‘the pro- perty. He was, however, in favor of the present market Fhe S prevent peculation, but he was opposed to is report. Alderman Kxuzy was in favor of the present system so far as the letting of stalls. The amendment to strike out ‘‘sell’’ was then accept- and also t rE of which is respectfully submitted. ed. The subject of renting or leasing was then taken and discussed, ‘34 on 3 Alderman Howarp said he saw the motive of the re- port and its ng prhowin| it was to sell Washington Mar- | ket to the Erie Railroad Company. Alderman W111aMson opposed the report, and said the move was made for the purpose of destroying the down town markets, He then offered an amendment, adding that the markets should be leastd for the purpose for which they are now used. This was carried, and, on motion of Alderman WakkMa, the further cousidera- | tion of the subject was postponed. | On motion, the Board adjourned to Friday evening. | BOARD OF COUNCILMEN. This Board met at the usual hour yesterday after® noon, the President in the chair. The roll was called and the minutes of the last meeting were read and approved. Councilman Witp here requested the privilege of ex- | plaining the reason of his absence yesterday. He had, | he said, been engaged organizing a relief association for | the Eighth ward, and he never supposed that such a damnable proceeding as that which took place last night would be carried out. While he was employed in re- lieving the wants of the needy, a number of members were endeavoring to perpetrate a most shameful out- | rage upon the bones of the dead heroes of the Revo- lution. | A motion was made and carried that Mr. Wild be ex- cused for non attendance at the last meeting. The following papers were read :— REPORTS Of Finance Committee of Board of Aldermen—In fa- vor of paying Wm. H. Elting $301 for services as coun- sel in matter of opening Canal and widening Walker street. Referred to Fina nce Committee. RESOLUTIONS FROM THE BOARD OF ALDERMEN. Whereas, The great destitution and distress of our fellow citizens, the working men of our city, are the im- mediate result of want of employment; and whereas, contracts for work to larze amounts have been and are constantly being ordered by the Common Council; and whereas, this Board has”passed an ordinance providing for monthly payments to all contractors, of seventy per cent upon all work actually done, which ordinance, if passed, will enable contractors to proceed forthwith with their work—thereby giving employment to thousands— Therefore, Resolved, That this Board earnestly recommend to each department of the city government, the urgent necessity of causing all work heretofore or which may hereafter be ordered, to be put under immediate con- tract, with requisite provisions therein to ensure a speedy completion of the work, Resolved, That this Board respectfully request that the other co-ordinate branches of the city legislature will take carly and favorable action upon the ordinance referred to in the foregoing preamble. Kesolved, That the toregoing preamble and resolutions be sent to the Board of Counsitaien, and copies thereof to the heads of the respective departments of the city government. Laid on the table, kesolved, That the company recently organized to take the place of Engine Company No. 30, disbanded, be hnown and designated as Engine Company No. 51. Con- curred in, Resolved, That the actual opening of Park place through the grounds of Columbia College, to College place, take place forthwith, under the direction of the Street Commissioner. Concurred in, Resolved, That Cliff street, between Beekman and Ferry streets, be widened on the northwesterly side thereof, commencing at Beekman street, on a line with | the present northwesterly side or line ‘of Clif stre-t, from John to Beekman street, and running or extending northeasterly on a line with the front of the builiing known as No. 61 Cliff street, where it will meet the present line of said Cliff street, and that the Counsel to the Corporation take the necessary legal measures to carry this resolution into effect. Adopted. Resolved, That the sum of $20,000 be appropriate! to regulate Hamilton square, Fourth and Lexington ave- pues, and the streets below the grade adjacent, to em- ploy the laboring community thrown out of employment, at a moderate sum per day ; and the department having stopped work of any kind under contract, be, and are hereby, directed to instruct the contractors to proceed with their work forthwith, from the passage of this resolution, Laid on the table. COMMUNICATIONS. A communication was received from the Comptroller, in answer to a resolution of the Boar’, to the effect that he be requested to report a detailed statement of all the moneys due to individuals, officers, contractors, laboring men, mechanics, corporations or other parties, that have not been paid, or will not be paid before the close of the year, by reason of appropriations for 1854, in- cluding ‘all arrearges claimed for work done, &c., by order of the Common Council. The communication was laid on the table, and ordered to be printed. THE BRICK CHURCH, A motion was made ordering the report of the com- mittee on the of the Brick Church. After a brief discussion, it was put and lost. THE OFFAL CONTRACT. Tue report of the Committee on Public Health, in rela- tion to the contract made with Wm. B. Reynolds, was read for the third time. Accompanying it was a reso- Tution to the effect that Wm, Reynoltis be paid by the city the amount of the valuation of his property, to be conveyed to the city agreeably to the repo of the com- mitteo; that in making a new contract the City Inspector shall provide for the payment to the city by the new contractor of the sum at which the said property shall be valued: and that the City Inspector shall take mea- sures for the performance of the same services per- formed by Mr. Reynolds. BONDS UPON CONTRACTS. The following ordinance to authorize the issue of bonds upon contracts, payable by assessments, in pur- suance of the act of the Legislature, passed April 16, 1952, was adopted by a vote of 32 yeas to 13 nays:— ‘The Mayor, Aldermen and Commonalty of the city of New York, in Common Council convened, do ordain as follows :— Section 1. Wherever any contract shall be made here- after, by any of the departments of the corporation, the amount whereof is to be afterwards collected by asseas- ents from the property benefitted by the work to ip done under said contract, it shall be the duty of the head of department making such contracts, to cause to be inserted therein a clause that, asthe work progresses, payments will be made to the contractors, by monthl instalments of seventy per cent on the amount of worl performed; and the head of department making such contracts shall forthwith file a true copy thereof with the Comptroll Sec. 2. The amount due contractors, on all contracts now confirmed by the Common Couneil and on work now | in progress under contracts, on account of regulati and paving streets, building sewers, and all otner work | ordered to be done by contract, by virtue of ordinances of the Common Council, shall be paid by the Comp. troller trom the proceecs of assessment bonds, issued in | accordance with the act of the Legislature, passe! April 16, 1852; but no money shall be paid on account of anid assessments or contracts until a copy of the original | contract has been filed with the Comptroller of the city, by the head of the department having such work in charge, with a certifieate in writing from the head of such department, stating the amount of work that has been completed, and the amount due th contractor for such work, according to the terms of the original con- tract. Upon the amount thus certified and ascertained to be due to the contractor, the Csmptrolier shall pay seventy per cent, the remaining thirty per cent to be served until the completion of the contract. Sec, 8, For the purpose of providing for the payments | contemplated under this ordi e it shall be the dut: of the Comptrolier from t 10 time, to borrow suc! sums as may be neces ‘as provided in the act entitled “‘an act to autl Mayor, Aldermen and Commonalty of the city of New York, to issue assess- s,"? passed April 16, 1852,) upon bonds to be ssensment bonds,’’ at a rate of interest not te exceed six per cent per annum; and the bonds ao is sued shall be paid from the collections made on the sessment list, when confirmed by the Common Council, and which are hereby specifically pledged for such ses. And the contractors to whom payments shall have been made, in accordance with the provisions of the first and second sections of this ordinance, shall, upon the final payment of the amount due upoo their several contracts, be charged at the rate of seven per cent per annum for all sums that may have been advanced to them, as provided in the foregoing sections of this ordinance; and it shall be the duty of the Comp- troller to deduct from the amount due on each contract the interest money so charged. Sec, 4. Whenever any paymeut shall become due upon any contract, according to the provisions thereof, or in accordance with any of the provisions of this ordinance, | it shall be the duty of the head of department having | such work in charge, to furnish to the 0 Of persons entitled to such payments a certificate, in writing, signed by the head of such department, specifying the contract upon which such payment is due, and the amount due | | upon such contract. | See. 6. It shall be the duty of the Comptrolier on the | presentation of such certificate being made to him, to pay the amount thereof, and imdorse such payment | upon the contract upon which such payment is inade; | but no payment shall be made upon such contract beyond the amount thereof, and the final ft ment thereon shall not be made uatil the t eh work in charge shali wi | farnish the shall file the wame in | ha ho office, a certificas ch depart- | | ment, a anne “Eicon te ovek tonvennt hes | + been completed according to the terms of said contract, in compli- ordinances of the epee ion of yperty fronting on embraced ih the pag ‘th req) complete the work is greater than the sum which can be assessed and collected from the property, the work shall not be put under contract, but all the facts, with the opinions of the Street Com: mer and the Comp- troller in relation to the fhatter, shall be reported to the Common Council, to the end that the payment of oo posure tt br rang Vee] beh sear be e ent of contractors, may be amply provided for by she property benefited by the improvement. Sec. 8. ordinance entitled ‘‘An ordinance to au- thorize the issue of bonds upon contracts,’’ wed Oct. 18, 1852, and all other ordinances inconsistent with this. be, and ‘the same are, hereby repealed. Tae Board adjourned till this afternoon. BOARD OF SUPERVISORS. Dec. 28.—Alderman Ely in the chair. The minutes of the last meeting were read and approved. PETITIONS AND BILLLS REFERRED. ‘The petition of R. Livingston Pell and Rebecea Long for correction of taxes; bill for conveying prisoners from the Tombs to the courts ,in Sepeember, October and No- vember, 1853, $75; bill of Edward Eccleston, for copying ndexes, &c., $223; of Theodore Hart, $140; of G. W. Newcomb, $87 85. BILIS PAID, Of Henry Vandervoort, Clerk of tne Court of Oyer ana Terminer, for furnishing criminal statistics to the Secre- tary of State, $180. ‘or expenses incurred in refitting the room of the Pearl Hose Company, $185, SALARIES OF THE CLERKS IN THE COUNTY CLERK'S CFFICE. The report of the committee, in favor of raising the salaries of the following officers of the County Clerk’s office, was received and adopted:— Benjamin Cohen from $850 per annum to. 0. A. G. Wallace, from 800 rt Jas. Magearey, from 600 do. John M. Trent, from 600 do. John Martin, trem 600 do. 5 Charles Kepp, from — -600 éo. 750 Adjourned, to meet again this evening, Friday, at four o'clock. Supreme Court—Special Term. OWEN VS. POTTER—EXAMINATION ON OATH OF PER- SONS NOT PARTIES TO THE SUIT. Roosgvett, J.—The law provides (Code § 236) that whenever the sheriff, having a warrant of attachment against a debtor, shall apply to a person supposed to hold property of the debtor, auch person shall furuish him with a certificate, under his hand, designating the amount and description of the property or debt held for, or owing to, the defendant, and that if such person re- fuse to give the required certificate, the Judge may, on pain of commitment, require his personal attendance, to be examined on oath concerning the matter. In the present case, Messrs. Carson & Hurd on being applied to gave acertificate that they had no property of the debtor in their possession or under their control. And the ques- tion is, can they, under such circumstances, be compelled to submit to an examination? If they had certified that they had a penknife, and only that, of the value of fifty cents and no more, no farther steps, it is obvious, under the section referred to, could have been taken against them. And is not such a certificate substan- tially the same as saying, ‘under their hand,” that they have “no property’? of the debtor? Or, putting the quere in another form, are not the words “ as property,” a correct legal designation, in such cases, of the amount and description of the pro: perty held ¥ The law makes the unsworn certificate of the person who has no interest in the controversy a bar to any further inguiry in that summary mode. If the créditor, notwithstanding the certificate, would proceei further, he must do so in the same manaer as his debtor must have done—he must institute, in the name oft his debtor, an ordinary suitin the usual and ordi- nary manner, giving to the individual procecded the same forms of defence as if no attachment ha issued. An attachment is in the nature of an assiga- ment; and it is a well established principle, which the Coce in this provision clearly recognises, that the as signee can have no greater rights than his assignor. It the assignor—his claim being denied—must have sued by regular summons aod complaint, the assignee shall do the some. It seems clear, therefore, that the cause shown by Messrs. Carson and Hurd, both according to the spirit and letter of the Code, is sufficient, in the first instance, to protect them from the extraordinary inqui- sition proposed to be instituted. They are not bound, against their will, further to disclose, in a suit to which they are not parties, the particulars of their business, if any, with the plaintiff's debtor. As bills of discovery are abolished, how, then, it may be asked, is the neces- sary information to beobtained? Is the creditor to be estopped by the mere statement, without oath, of per- haps an interested person, that he has only one cent, or, in other words, no property, of the debtor? The Code answers yes; but it adds, that if the creditor disbeleve the statement, he may, either in the name of the she- riff or in the name of the defendant in the attachmeit, (subject to the direction of the court or judge,) “take such legal proceedings (sec. 232) as may be necessary to collect and receive into his possession all debts, cre- dits and effects of the defendant.” The less formal method might perhaps have been preferable. It is suffi- cient, however, that the Legislature thought—or at least have enacted—otherwise; and that it is the duty of courts, when that body has declared the law, whether wisely or not, to carry out its intentions. Tne order to their cause must, therefore, be discharged. The Liquor Law in Rhode Island—Why Un- constitution: inion of Ji Brayton. [From the Providence Journal, Dec. 27. SUPREME Court, Tuesday, Dec. 26, 1854. The State, Jabez B. Potter, complainant, agt. James Snow.--This was d complaint against the defendant for keeping or suffering to be kept on his premises or pos- sessions, or under his charge, ale, wine, &c. The penal- ty for this offence is a fine of twenty dollars, or impri- sonment for thirty days. Subsequent to the issuing of this complaint a warrant of search was issued, under the 9th section of the act, upon which certain liquors found in the possession of the defendant were seized. In the Court of Magistrates the defendant yaised cer- tain constitutional objections to the law, and they were certified to the Supreme Court under the statste, and there argued by the Attorney-General for complainant, and L. Salisbury, Esq., for the defendant. ol Honor Judge Brayton delivered the opivion of the arts 1, The first objection is that the law provides for taking private property for public use without just com- pensation. There is no analogy between the taking private pro- perty for public use, and adjudging property forfeit for crime, and this objection is not valid. 2. The act provides that i: shall not be necessary par- ticularly to descrive the kinds or packages of liquor to be searched for, and so conflicts with the constitution, which requires that a search warrant shall describe as nearly ‘as may be the persons and things to be seized But the description may be as certain as the nature of ng | the thing will admit, and yet not describe particularly the kinds or packages of liquor. not valid. 3. The act provides that any amendments may be made, and so conflicts with the constitutioa, which pro vides that the accused shall be informed of the nature and cause of the accusation against him. But anamen1- ment is not a new accusation. Anything which amounts to that ceases to be an amendment, and goes beyond what the law authorizes. Besides, this part of tbe act may be void and the rest valid. This objection, there- fore, has no validity. 4. The act provides for the destruction of property seized without any proof that it was held for sale, and so conflicts with the constitution, which provides that the accused shall not be deprived of life, liberty, or pro perty, unless by the judgment of his peers or the law of the land. This is « valid objection. And this objection is The act provides for the | seizure of liquors, and then provides that upon the con- viction of the party in whose possession they are found, or selling, or keeping for sale, liquors of the same kind as those seized, the liquors seized shall be adjudged for- feit and destroyed; and no proof is required that the liquors so seizee to be destroyed were ever kept for sale. ‘This part of the act is unconstitutional. 5. It is objected that the act provides for two punish- ments for the same offence, inasmuch as by the 4th sec- tion a man may be convicted of selling, and by the 8th section may ‘be convicted as a common seller for tae same sales. This question cannot occur in this case, and no opinion is given upon it. In this case, so far as anything a there is no objection to the law or ing. The result of the decision is, that in the particular care before the court the proceedings were ralid, and the conviction was right; but by an obifer dictum, the court pronounce the seizure clause in the law, as it now stands, unconstitutional. ppeare to the court, the form of proceed- Political Intelligence. Kxow Normne Victory in APPALACMIOOLA, FiA.—At an election in Appalachicola, om the 18th inst., Oliver Crawford, the Know Nothing o was elected County Commissioner, to fill the vacancy caused by the resignation of Mr. Johu B. 2 GOVERNOR oF ALABAMA.—Amy the persons «poken of for the next chief te of Alabama are Messrs. R. A. Bakes, of Mobile; James E. Belser, Thomas H. 4, and Thomas J. Judge, of Montgomery; the brothers Richard W. Waiker, whig, and Leroy P.’Walkor, demo- erat, and George D. Shortridge, of Shelby ‘The Chambersburg, .) Transcript, a whig paper, holete the naees oC Oeusecl Honston, ¢ President.” vie Tho democrats of City, (Pa.) have nominated Nelson Campbell, Esq., for or. ‘The whigs of Bath county, (Va.) have nominated the Hoa. Johu M. Botts, for Governor. ‘The Hard Times. SUGGESTIONS —WARD MOVEMENTS FOR THE POOR. ‘The efforts on behalf of the poor are progressing with great energy. From every quarter we hear of new pro- jeets being set on foot. The Common Council, the Ten Governors, the Commissioners of Emigration, besides numberiess ward movements, are all making prepara- tions to alleviate the existing distress. In the Eleventh ward s depot has been opened corner of Tenth street and avenue D, where food will be fur- nished to those who need it. It is estimated that from 7,000 to 10,000 people are out of employment in this ward A meeting was held yesterday afternoon at Onderdonk Hall, corner of Clinton and Grand streets, to take mea- sures for the relief of the necessitous in the Thirteenth ward. In the Fourteenth ward a meeting was held last night at the Westchester House, and another will be held to- night in the drill room over Centre market, for the same purpose. The citizens of the Fifteenth ward met last night at Stuyvesant Institute, and measures were taken to re- lieve the poor. In the Twenty-second ward a meeting will be held this afternoon at National Hall, 224 Forty-fourth street. ‘The following letters from correspondents will be read with interest:— TO THE EDITOR OF THE HERALD. In your report of the proceedings of the meeting of the Unemployed Mechanics, in the Park, on Gariatoiee day, 1am ted as having tendered the resolution, agrarian a aoe in all its characteristica, touching the tions Cong pt eapbag landlord and tenant. The only resolution I was one suggested by Mr. Paul’s remarks, in regard to the soup house in e Eleventh ward, as followa:— Resolved, That ail who.» te the efforts of those who are givi soup to the hungry, im te ition the Corpurnies of the city of New York, to furnish them ‘badge, upon which shall be patnted, “Starving—licenced to beg. Which resolution the public will perceive is harmless. Lwonld also state, that ‘Job Clavers”’ ia but a soubri- uct of a correspondent of a number of newspapers in the United States, a signature over which I am in the habit of writing. Many of my friends who are aware of this fact, seeing Job in the position in which he has been by your reporter, I would be pleased to have you disabuse their minds in this explanation. JOB CLAVERS. TO THE EDITOR OF THE HERALD. New York, Dec. 24, 1854. The suggestion of ‘‘Americus”’ to the keepers of ba rooms, to give one day of their earnings to help the des- | titute, is a very good one; but I would also suggest that | the neighboring farmers who have been and are accumu- | lating wealth by the high prices they are receiving for | their produce, ought to be shamed into assisting to- | wards the relief of the working classes of the city, who have foolishly spent every cent at the market, when they received extravagant wages. Let the farmer know that from the cities of New York and Brooklyn the: draw their wealth, and that it will bea stain on t character asa class, if they do not in time likewise | come forward to help the needy. The next classes are the butchers and the dry goods merchants. Where are these men? Have they any spirit of liberality or Chr tianity? Shame I say to them, as classes, if they keep back from helping those who have filled their pockets when times were good. But let mechanics also learn a lesson, that it is wrong to be a spendthrift in prosperity, and then to threaten physical force when their services are not required. The high wages they have received, have in too many instances been spent in luxuries, silk dressex and mabogany furniture for their families, in stead of saving a mite tor winter, during which season in all times and climates, they know there is not much work done. If they have been improvident let them humbly ask help, but not dare to make threats; let them consider that the fault les in a great measare with | themselves; let them consider, that their associations, combinations, and strikes for higher wages, have had no little share in their present distress, for'no man in his senses, should have built a house of gold, instead of bricks, to throw it away under the hammer the next season, and the indebtedness incurred by the builders and others, by paying the enormous wages, has ruined both the employer and the working man. If the demand for higher wages had not been complied with at the time, they would be ina better condition than they are now. The tigh wages paid was but an incentive to farmers and provision dealers, ‘to raise their prices, and nothing but a return to former wages will reduce prices, where the working classes are numerous. ‘We cannot get good meat short of one shilling ver pound;” well, let the but. chersalone. Millions of workingmen and others, on the Contizent of Europe, live on rice, beans, and Indian meal, and are as stout and healthy as can be desirable, without touching meat perhaps once in six months; and as to silk bonnets and silk ribbons, they do not dream of such a sin The practice of having only one kind of bread is | another cause of distress. In Europe bread made of flour, without extracting the bran or shorts, is a com- | mon thing, a healthy food, equal to what more politely is called Graham bread here. Why cannot a number of bakeries be established by co-operation to make cheap brown bread for those who cannot afford, especially at | the present price of flour, to get sufficient bread made of “superfine bakers’ brands?” Pleare inquire into this last suggestion. And finally let all working men be glad, (as others are.) to accept lower wages, ior ‘half a loaf is better than no bread.” If the sawyer asks too much to saw my wood, I must saw it mynelf—hence he starves and complain. If the mechanics ask too high wages, { can- not build my house—hence I must be satisfied to rent, and giveno work to them, &e. PRACTICAL MAN. TO THE EDITOR OF THE HERALD. New Yorr, Dec. 22, 1854. I wish to submit a suggestion for your benevolent consideration, which I consider would have a ten- dency to alleviate, in a considerable degree, the ex- tzeme suffering of the poor of this city during the | inclemency of the winter, the scarcity of work, and other concomitants or consequences of hard times, | Itis this: Suppose the New Yorx Heaatp, (the | pioneer of all charitable calls,) the Tribune, Times, and in fact all the daily papers, should charge an | additional cent for each paper, and the aiditional | °° cent should be appropriated by the editor of each | paper weekly to such persons as they may choose tor distributing the amouut so contributed, ina manner as may bs deemed most beneficial for the | object. The small taxation of six cents weekly by the rewspaper readers would not be felt, but would | br ‘comstzy, ib boing. © fied he the general good. | or couatry, ga gener The Heravp, with its 40,000 city readers, would by this means contribute $400 , and, with the other two papers named, would thus contribute — be mp eon, ‘stein in fasta hands Cee much good. It mi argued by a su; observer that the adcitional caarge would havea | tendency to decrease the circulation. The ideaistoo | unchariteble for a moment’s consideration. The read- _ ersof the Herap, | will vouch for, ha’ in 8 mea- sure imbibed the liberal and philantaropic spirit of be Sto eter only ae at Arab 9gr | le to widow’ wading to ord, by giving to the poor, bat will reed their paper as | usual, and be emulous with each otaer, acting even as agents for the furtherance of such a noble cause; | and should the readers of New York be 80 rec:eant | tothe calls of humanity as to object to the addi- | tional charge, it beiog universal, they wili have a0 | alternative; and again, the yn might benefit | , other cities, where the comfurt of the poor is more an object of solicitude. The editors of public journals have great respon- | sibilities; they are the public guardians; the weal | and woe of the pablic, in a measure, are de i$ | upon them, in times of troub'e, to mitigate by their influence as much saffering as possible. Taking it as @ pecuaiary affair, as regards the editors personaily—should there bea decrease of | even 500 daily, make good their circulation from the adoitional sum; the residae or sarplas give t> the poor; and rest assured the heartfelt taanks of the soffering Nig will be & consoling mesd to your spirit. ‘ing the pioneer in this matter, tr ton vill New Year's, and then let the New Y +ditors setan exsmple to the world; give the New York poor such a New Year's gift as will gladden tpeir hearts, and the natal day of 1855 will ever after appear asa@ green spot in the waste of your memory. Ho; toat will give the foregoing a fevoruble rusia, i remaia, A MgcHantc. The daily papers of this city are ableto give weekly M the city. Bituee compute 1 THE TWENTIETH WARD Poor. Last evening, p meeting of citizeos of the Twentieth ward was held at the corner of Twenty-sixth street and Seventh avenue, to take measures for the relief of the poor in that ward. B. N Fowler occupied the chair. ‘The establishment of soup houses was resolved on, and a number of gentlemen were appointed to solicit and distribute contributions for the ceatitute; after which, the meeting adjourned to Friday evening ‘next, at Con- tinental Hall, corner of Thirty-fourth street and Eighth avenue, $10,000 THE POOR OF BROOKLYN. Since the Ist of December upwards of five huntred tons of coal have been distributed to the poor of this city by Messrs. Rhodes and Rushmore, the Superin- tendents of the Poor. Within the same period they have. also distributed about $300 worth of groceries. The number of paupers admitted to the Almshouse average thirty-five per day for the month, the narmber of indigent persons now in the Almshonse buildings reaches a total of 1,700. In former years 300 or 400 was con- sidered a large number. RELIEF IN TROY. A resolution bas been adopted by the Common Coun- 3 i : 5 & Hy = A He Rag E i 5 i 3 i 3 ? f ! Fs i z if el u Es 7 i | i E i in i : i Couneil for | : oF FLL i i ut Bi i F if i : Hl eft ie | z i l : 3 i | & lH i He 5 i Fae ipl 38 who the whole of them only had room to house them when they get our property owners could command the means to invest in buil . We repeat what we have so often said be- fore, that there are not half men e: th, nor half room enough, and certainly there is not half capital enough, to do the business that is pressing upon us. Ten trunk railroads have been put in operation ia less than three years, and they are rapidly extending south and west of us. They are bringing us more business than we bave the facilities todo. Our merchants and produce Cage our manufacturers and business men generally, must have more room. Large stores and immense ware- bouses must be built ; our hotel accommodations and our dwelling houses ‘ought to be doubled in the next six months, and our banking facilities might be in- croapeel in the same ratio with great advantage to the city. CONTINUATION OF THE STRIKE ON THE BALTIMORE AND OHIO RAILROAD. [From the Baltimore Sun, Dee. 25.) The strike of the men e1 in running the freight trains on the Baltimore and Ohio Railroad still con. tinues. We are informed, however, that it is confined to the Grst division of the line, between Baltimore and Martinsburg. It is thought that those employed on the B3 | western sections of the road will not leave their work, as the company’s revised rates and regulations are rather beneficial to them, whereas on this end of the line it affects the employes somewhat differently. Yet even here, it is said, some of the men are willing to resume work. Meanwhile, the tonnage trains are ont in small numbers. Four trains are said to have started from Mount Clare on Saturday, and about the samo number came in from Martinsburg. is not more than one-third the number which should be run, how- ever, and which the present business of the road re- quires. Freight is acoumulating at various points. ‘The strikers’ meeting, held at China Hall, appointed a committee to wait upon’ the President of the company, and request him to call the Board of Directors together to consider their claims, ‘The President is understood to have declined to recognise the men as belonging to the service. He assured them that the company on no ac- count would recede from the ground it has deliberately assumed, alleging that the wages intending to ve paid are higher than upon other roads for similar work. Of this matter it is only the initiated who may be compe- tent to judge. But it seems the men difier from the company—both being parties, it is to be presumed are familiar with the question. It is to be hoped, however, that they will be able to reconeile their differences, as it seems probable that if they do not, new men will be put on duty as fast.as they can be placed upon the road with safety. The company is said to have applications from different quarters for employment, and from men, in many instances, experienced in railroad duties, Before George W. Morton, Esq. CHARGE OF FELONY ON THE WRECK OF THE SHIP NEW EBA. Dec. 28,—The United States vs. Isaac Hurbert and Or- lando Bennett.—The defendants in this case are charged with stealing one sail, valued at $20, from the wreck of the New Era. Alfred G. Benson, examined by Mr. Joachimssen, de- posed that he is a merchant doing business in New York; knows the defendants; they are engaged as wreckera; witness holds a bill of sale for the New Era; she is about sixteen miles below Sandy Hook, wrecked and sunk, with about rix feet of the starboard quarter out of water; the defendants took a sail from the vessel without the authority of the witness, A copy of the bill of sale was produced by Mr. Dono- hue, counsel for the accused, in which it appears that he hull and spars of the New Era, as she now lies on he beach, were conveyed to Mr. Benson, and that it was understood that no cargo or other property is included n the bill of sale. ‘The Commissioner decided that the complainant did show any right of property over the sail alleged to have been stolen, and therefore dismissed the charge. Tie United States against the same.—Hurbert and Byn- nett were then charged with cutting and injuring the wreck of the New Era. Jason L. Pendleton, examined by Mr. Joachimssen, de- posed that he knows the defendants; saw them at the wreck of the New Era on the 8th of December; they had some five or six men getting out cargo; they continued getting out carge; I did not see them destroy the vessel that day; om the 13th I did; Mr. Hurbert was there; I | dic t see Bennett on that occasion; there were men on ; they were that day sawing the lower deck, beams andecarlins off; I went aboard with Captain Grier, in his boat, and told Hurbert in his presence that he must pret not cut ‘or mutilate the ship; he said it was all right, but he would be d—d if he would’nt cut her until he tthe all out of her; that cutting weakened the wer deck of the veascl. Q. Did it destroy the deck? A. It did: she wasa new ip of thirteen or fourteen hundred tons; preparations were being made by Mr. Benson to get the ship off; the ship was not strained in the least. Cros-examined by Mr. Denohue—I dia not know what was in her; do not knew of my own knowledge that preparations were made to get her off; she haa two decks originally; one of them (the upper deck) was gone in part; pretty much of the lee side was loft; nothing had beeu done up to that time, to my knowledge, to get her off; the vessel was stripped, except that her lower mast, her main and crotchet guards, and the mizentop- mast, was there; there was no ri ‘on; Idid not see any effort, up to that time, to save that part of the car- go; the vessel lay 75 or 80 fathoms from the beach, in about 18 feet of water on the land side; I am master mariner; I am not engaged in the wrecking business; the defendants offered me uo opposition, nor prevented me from doing anytl Q. Did theg tell the insurance cony "you they were saving the cargo for ny? A. They told me they had au- thority, but they did not show it to me; I asked Bennett for his authority. Alfred G. Benson de that he was the owner of the wreck of the veasel New Era, and produced his title to her; T went on beard on the 13th December and saw Mr. Hurbert there with of men; I told him I owned party | the vessel and that he must not cut it to pieces; he said | he had cut it and should continue to cut; I told him I was making preparations to get her off and to plank up her deck, which had been cast away; he or some of his party said if I undertook to do that there would be a wef time; Isaw some of the party sawing under water; Mr. Bennett was there with them. Q Do you know of any preparations being made to get that yeaseloff? A. Thad and am still making pre- parations to get her off. except by the pubtic Cross-examined—I do not know, manifest, what is in that lower hold: I do not know how tglitly ot how loosely it is stowed; Ido not know what tue weight of the cargo in the lower hold is; I know some ot itis Tight and ‘some heavy, because Isawa cask foat up from the wreck; I also saw some boxes come up; I do not know what was in them; Isaw them pull up some of the contents; I'am a merchant: yon may call me a wrecker if you please; lam a wrecker in this case. Q. What have you one down there to get this vessel off’ A. I sent plank and spikes down; I sent down two schooners with planks; I spiked on the deck plank, which they said they had cut off, as far ag I coult; I built a house on shore for my men to live in; 1 have employed men, and made arrange- ments for using camels (large India rubber bags) for rateing the vessel; I had employed a diving bell, Ican’t think of anything else that I have done; [have not saved any part of the vessel; Ihave spent my time in putting in repair what they destroyed; I don’t know when the vessel went ashore, nor how deep she is in the water; these parties did not tell me for whom they were acting; they refused to tell me; Idid not know that they were acting for the insurance company; I do not know that they got out any dead from the wreck. To Mr. Joachimssen- par ies said that the; cut, and would continue to cut, and thatif I inter! should have a wet time of it. James Greer de) that he was on board the wreck; knows Hurbert; he was there on the 13th; Bennett was not there; saw men under Hurbert’s charge cut the vessel; that destroyed the lower deck. ‘ituess cor- roborated the testimony of Mr. Pendleton. Cross-examinei—They were cutting to get out the cargo. Q. Could they get the cargo out mithout cut- ting? A. That I can’t say; there were the hatches, but they were under water. To the District Attorney (Mr. McKeon)—They were sawing the vessel because it was easier te get the cargo out that way; Ihave seen the apparatus that was sent down by Mr. Bensop; tae cargo coutd be taken out of the vessel with that apparatus without destroying her; she could be got off with very little of her cargo being taken out; Ihave been engaged in the wrecking basi- ness, off and on, for ten or eleven years. George W. Howe gave corroborating testimony. cil of Troy appropriating $500 to be expended for the relief of the nck and destitute. Another resolution was adopted, which authorises the oversesr of the city poor to send poor sick persons to the Marshall Infirmary, there to be provides for ‘at the expense of the city, at the rate of $1 50 per week. : SOUP HOUSRS IN BOSTON. of Boston has been ne ba satatal yurpone of serving out soup for the poor daring the bs winter. The plan is to have tnree places in di parts of the city, and to issue tickets a ated the needy. For sore time hee (request woenee' yaa to the jor aid from tke city from these have eon s public charge. Ome mechanic to the The Mayor depots for the Tbe Commiasioner did not consider the evidence auffi- cient to warrant his committing the accused, and he dismissed the complaint. Free Exunoursaxp sy Sream.—lIo @ fire which occurred at l'eoria, in Friediy & Linooln’s factory, the ropr‘etors ordered the aafetyvalve of the steam engine {oe opened. Ina few minutes the Duilding was with the steam, which penetrated every corner where fire could burn, and completely subdued the flames. Every manitfactory where steam ia used could have m Our Mexican Correspondence. Garr or Muxzwo, Dec. 13, 1864. Another Grand Scheme of Santa Anna to Raise the Wind —The Dictator Turning Trafficker in Human Flesh. ‘There never was a ruler so fertile in expedients for filling bis private coffers as the great military and flaan- St oemns tem Vee one have the inestimable happiness to live. He has, to be one sdvantege over others who have had aa great an itching for tithy lucre, but who have been restrained from gratifying it You have probably not heard of his new scheme for adding few thousand dollars more to his wealth. It bests all his former shifts and devices im meanness and atrocity. You will be surprised wheal tell you—(although, after all, I do not see why you shbould)—that the Dictator is tarning slave desler and trafficker in human flesh! The story goes here, and there is every reason to credit its acsuracy, that fore consideration of $20,000, he has authorised his former jimenes, to proceed to Yucatan: vine view to make “than | ; : furns—it would honor??? I think you will agree Sinise micey gecmreen soos whom mi am and insatiable cupidity are more strikingly ern Democratic Candidate—Senate Committees— the Governor and the Courts—Private Secretary to his Excellency—Tonawanda Swamp, §e. One of the most important measures which the Le. gielature will be called to act upon is the proposition to impose canal tolls upon railroad freight. Pre- vious to 1851, such tolls were paid by the Central line between Baffalo and Albany. Daring the extra session of that year, a quasi effort was made to in- clude the Northern and Southern roads, but instead of thus protecting the cansl interests, and, conse- quently, the State, the tolls were removed from the Central line. Since then the roads have been par- mitted to carry the best paying freight, taking it from the canals, thereby depriving the canal fund of a miilion annually, which legitimately « belonged to it. Notwithstanding the increased amount of business transacted between tide water andthe lakes, the canal revenues are continually falling off, year by year, and this year there is a deficiency cf half a million, compared even with the year 1853. Daring this time the receipts for railroad freights have been fifty per cent, and with all the facilities on the Central and Erie, freight is de- tained at the depot weeks and months for want of locomotives and cars. Thus it is, whilst the cauals, the property of the people, are running backward, the railroads, in the hands of shrewd and acate in- dividuals, are increasing their business a hundred per cent every year. Outside talk amongst forwarders and merchants, whore all is invested in boats, &c.,and who feel seriously the effects of allowing this railroad com- petition, now is, that tolls must be imposed on all Ogdensburg Persevering "men in the mea whose influence with the Legisis‘are is sufficient to compete with the State, the canals, and thore interested in water transportation. The railroad directors have already submitted a propa- sition. They declare that tolls shall not be put upoe their freight, unless the Legislatare allow an in- cresse of passenger fare. Or- Z Pilchs 5 Fee | je eer ellfi sds 25 S ult. ere gi ying about + the last session, finally obtained Victor M. Prise, ndeat of ‘mon Governor bas takea biw out of thet monotoncus depa‘tment and mie him Private Secretary to hia Excelleacy. Thisisa fe Ree ope [porn ape amp Fo ye it for ic wi > eS when gi'ted wita aa usual share of bi. eu e 5 i ond now takes one of tae mort subordiaate cherac- ter, and with no duty requiring an hoar’s isbor a day. eee. flo will int Mr. Price, to whom he is indebted for hie potition, tor selecting such an uncompromising Sewardite for @ y's Eectora E. Church did not, finally, consent to ao- cept the nomination for tne Assembly in Oneans couvty. He a8 wisely declined being beaten tor the Assembly as he did for Lieutenant Goveraor. solng te adel ts. He will atend ek lobby ul iT la jurpose of ol a hundred thousand do!lars rom tae Btate for cree ing Tovswanda swamp. Theauccess which attend ed the drainiog of the celebrated Cayuga marshes, Pastas the orn Bel new enterprise. wlatare commissiover, part . bo attention to his “conszuctive” 4

Other pages from this issue: