The New York Herald Newspaper, January 31, 1855, Page 2

AFFAIRS IN THE CITY THR MAYOR’s COMPLAINT BOOK—THE POLIOR RE- TURNS, BTO. ‘The complaints yesterday were neither #0 numerous mor so varied as heretofore. The following is taken from ‘the returns :— WHAT THE PBOPLE SAY. ‘That the urchins about the wharves rre allowed to steal large lumps of coal from coa| carte~-praying that additional policemen be round the ‘That a liquer store, 188 Crosby street, was frequented of men on Sunday last. wee he dust arises from the factory in Sixteenth Line 3 in the ad- ¢ ' Seventh avenue, and is de; 8. That boys are in the habit of annoying the occupants of 13 Crosby street, by throwing sticks and stones, teak ingcingres, &c, ta pile of bricks in front of 14 Lexington avenue obstructs the stre That 44) Broome street is a house. That boxes, &c., in front of 245 and Eighth avenue ebstruct the view of the street. That a liquor store in Sixth avenue, between Forty- fourth and Forty fifth street, was kept open last Sunday. That Eleventh avenue is in a dangerous condition, at ‘the corner of Forty-fourth street, caused oy the sewer running through Forty-fourth street, from Tenth avenue to = orth river—it being left without guards or light at night. That lots on the northeast corner of Forty-fifth street and Eleventh avenue are filled with water to the injury of adjoiring premises. That the Baver store on the corner of Seventh avenue and Twenty -sixth street was kept open last Sunday. ‘Phat the ‘‘Hen and Chickens,’ corner of Broadway and Fulton street, has been kept open during the last two Sundaye. ‘hat io spite of the arrestof F. P. Harris and G. ‘Thompscn, editors aod publishers ‘of the Broadway Belle, ‘or an indecent article in that production, the same is now being sold in Nasswu street by half a dozen ed urchins. this matter the i hed ordered the persons who are erying the Broadway Belle for sale to be arrested forth- with, ANONYMOUS COMPLAINTS, Complaints having no sigcatores are daily received, but no notice taken of them, Fersovs wishiag to have sheir complaints notice mast append their names and vesideners thereto. ‘The annexed is a specimen of one of those complaints Referred to:— “Mr. Thompson, Teoth street, between First avenue and avenue A, says that the day after the ordinance the ab wan probably called and removed the arhes frow ball, sence woen be has refused to look at them, unless Pveeion the sidewalk, where they are upset and tie Yesr@ln carried away.” Had & box and tub pinned on Wednesday last. Went to the station house, say they @annot belp me, except by a fine, in case the ‘asnes are WD rato the street Spohe to the ashmao, who was @ kond of @ bind Dutchman, and says se no ‘under- derstend,’ ”” ‘Thieves and beggars abound in these diggin. aud are reat op aso voxes, door rags and mats. ried to steal coverings to the gratings; didn’t sueceed. Tainks they will come back again, but hopes not until epring. Keeps a servant expressly to wait on toem aad the ass man, Expects some fine morning to wake up and fiud his stoop m ssing. WHAT THE POLICE SAY. First Ward —Lamps opposite 43 and 44 Wall rtroet not lit, Large hole im sidewalk opposite 90 Greeawich street, Second Ward-—Hole in South street, oppos:te Burling slip, aleo opposite 52 Ferry street. ith Ward.—tas lamp corner of Beach and Green. wich streets not lit. Ninth Ward.—The crosswalks corner ef Hudion and Christopher, and Hadson and Perry streets, in a very bad eondi ton. Surieenth Ward.—Sewer in Fifteenth street and Seventh a|venue nu Oungerous coniition. Bighteenth Ward.—Gas lamps not lit in ‘roat of Nos. 29 and 40 West Twenty-first street; also, northwest cor ner of Twentieth street and Fifth avenue, one lamy out im dixth avenue, between Nineteenth and Twentieth streets. Twenty-first Ward.—Croton pipe in the house of en gine company No, 46 burst. of the Board of Ten Governors. PROPOSITION TO HAVE NO CLERGYMAN ON SLACK- WELL’S ISLAND—THE LEGISLATURE TO BE FUR- NISHED WITH LIQUOR—@OVERNOR DRAPER AND ‘WHE TEMPERANCE QUBSTION, ETC. A meeting of the Board of Ten Governors was held yes- tercay inthe Rotunda, in the Park, at 4P. M—Gover. nor Townsend, President, in the Chair. Present--Gov" ervers West, Smith, Draper, Degro, Duke, “Taylor, and Tiewan, The minutes of the last meeting way read and approved, after which the usual requisitions were read and agreed to, * LIBRARY IN THE WORKHOUSE, A commurication was received trom the Saperia. enéevt of the Workhouse reporting favorably to the sazgestion of the Governors, pasced at last meeting, in reference to having # Lurary im the institution, under his charge. Gov. TixmaN moved that the sum of $500 be appro priated for that purpose. After some ccaversation it was agreed to refer the subject to the Committee on Workhouse to report at next meeting A DEBATE ON RELIGION. A commonication was received from the Warden ef the Almshouse informing the Board tha, Father Robent Kleineidam, the Roman Ostholic chaptia hac been withorawn, avd Fatuer Thos Braty sunet- tuted in his place, The Warden wished to tnow whether he should continue to pay the salary ax usual. ‘This elicitea considerable von Gov. Duke objecied to recognizing the appointment. He was opposed to any appointment being recoguized that had not been made by the Board. If this was allowed, Pope Hus IX, or Bedini, might send their agents to our institutions. Such’ a ae would be jade to great abuse, The Soart should be carsfal and not allow any ove but themselves to appoint officers to ‘the imstity tion under their charge. Governor THAN thought it was necessary for some elergyman of that faith to be on the island, ana he did net know but that this Father Prady was as good as any other priest, governor TAYLOR was of opinion that the expenditure ef $1,200 a year for ministers on Blackwell's Isiand was nseless, ineorouch as there could be plenty of clergymea procured who would be willing to perform the duties for nothing Govervor Draven knew of some churches who did send ministers to the island to teach their own peculiar dug- wernor TAYLOR submitted the following at a later stege of the meeting: — Kesolved, That this Board discontinue the prastice of ying ministers of the gospel for professional services ihe inmates va the island, and that the present min- interes be dixchargea forthwith. Goverpor karen was opposed to this resolution. It ‘war just and proper to furnish these poor people with ‘the consolation» of religion on ther deathbed. Nine- tenths of the persona under cuerge of the Board on the island and in the institutions were Roman Catholics, and they require some one of their own persuasion to wrpvister io them. Governor Dike said that it was an argument against the employment of clergymen of that denomination if so mary of their flock found their way to Blackwell’s Jeland. After some further discussion, the consider eabject waa postponed until next meeting. A RRSERVOM ON MLACK WELL'S IS! Governor Unaren moved the following :— Reselved, That a committee composed of one from each ef the committees on the various institutions ow the wland, be appointed to make application to the Croton Water Boru, to aid tm the coastruction of a reservoir ep Black weil’s Island, sad report plans and estimates for tee immediate construction of the same. Carried, SKNOING PAUPERS IN THE COUNTRY, By Gov. Diaver--Resolved, That the Superintendent ef Uutdoor Poor, require a book to be placed with the clerks in each department, containing the names of such as are desirous of obtaining employment, with a full deseription of the age, name, trade or employment pre viously engeged in, togetner with sueb other aetna as he might deem important, and the same be open tor ap plicants or persons scening help. ‘This resolution, after some explanation, was pat and carried. It appears its objects is to facilitate the emi gration of paupers aad discharged convicts into the country. Interesting Mee tion of the D. FURNISHING EMPLOYERS’ ROOMS A request from one of the recently appriated m rons ‘this application was resisted by Governor Tieman, on the ground that it was an improper waste of the fu to be npending them im farnishia, apartments of employees. Ninety-five dollars was at length appro- jriated, by ayote of 6 to 2, to defray the expense of At ing « tal the rooms as desired DRUNKEN ASS] TANTS AT KELLEVUR HOSPITAL, Governor Surra, from the Comn:ttee on Yellevue Hos. pital, made a lengthy report on toe affairs of that ia- stitution. Complaints haa been made that the ass a- ants aod nurses, who are all or neariy all paapers aot convicts, were remiss in their attendance, and the physi | opportunity they will have for a long time. who tice it ‘THE LEGISLATURE TO HAVE THEIR LIQUOR—INDIGNATION OF has wing:—Resolved, That Legislature of this State apiritu se ho gereense — icra — uous OF liquors This ex considerable fee! in the Board, the =e eine quite puzzied ihe “ Bea verpor WisT was oppoved to the resolution. not think it for the Board, after inviting their guests, tosay what they should, or what they should * Governer DRAPwn didn’t think it altogether to overnor DRAPER = M., trmemaace tw cold water. It gcse bough for any one to profess temperance principles, but not to force them on som 08h, Some person: could not belp water ers, as their constitution could pot 6 wine or liquor, of ‘tbe Hon. Chariee © taigh, pobicted ta the MMe jon. . the New Youx Hxnatp, in which the ten Governors ware with feasting certain parties until they were shamefi drunk. He denied that euch an occurrence took place |. He was » contemptible humbug who said these crawling reptiles unde to take away the good name of respectable men, they should be frowned upon by the whole community. If he (Mr. Draper) could only get those libellers face to face, ne would expose their contemptible conduct. He continaed to Genounce the temperance men, and particularly ©. . Leigh, in chis strain, for some time. Governor TTkMAN urged the e of the resolution at rome length, op the ground that it would be to the credit of the Board to do #0, Various amendments were then offered; but. they were vored dowa, and the resolution was finally lost by the following vote: Avis—Duse, Tiemanan and Taylor. Nox—Townsend, Draper, West, smith, Degro and bes ‘he following communication was then read:— in Suvate, Jan 23, 1855. Resolved, That the Select Committee on 0 ch of the Governor's message as relaces to tie suvjact of intem- ) phanedl be authorized and requested to call upoa the jayors, Chiefs of Pohce. and Police Justices, of our +; and upon ihe wardens keepers of ouses, and other public institutions, for vas they may be anle to communicate, sbowing the influence of iviemperance in causing crime, pauperism, and taxation in this State. By order, H, J. HASTINGS, Clerk. Gext.—Pursuant to the foregoing resolution. you are reepectiully requested, at your earliest i ‘anstit as full aud stances will admit, to the following interrogatories, orto as many of them as full wivain your kuowledge or ob- NerVALON— 1. Hiow many persons were arrested in your city, or county, during the last year, charged with crime? And what proportion of them were persoas of intemperate habits. 2. How many persons were committed to prison in your county, charged with the commission of crime, during the last year? And how many of them were per sons of intemperate habits. 8, How many persous were received into the alms- house of your county, the last year’ And in respect to how many of them was intempérance, either their own, cr their husbands’ or pareaty’, a promineat cause of their puuperisiy 4. How inany inmates are there in the p dlic institu- lic, or institutions, under your carey How mauy men? iow many women? How many children? And how wavy of them way properly charge intemperance as the cause, direct or Indirect, of their present misfortune? 6, What was the whole amount of the taxes assessed upen Ube people of your county, city or town, last year? Avd how much of that was, io your judgment, caused by intemperancet ti How many persons were licensed last year to sell intoxicating liquors im your county, city, or towa? And bow much money was received for their Lceases? 7 How macy men, over twenty years of age, died last yeur iu your city,town, or village? How many of these Were generally reputed to be persons of intemperate ha- Y And what was their average ager How many of were known lo bave tutaliy abstained, for five years trow the use of imtexicating drinks? And wat was their average ager &. During the last year, how maay menio your town or viilnge, ow many Women, bave bad the delirium tremens, ind how many of them are alive? 9 How many men, how masy womev, and bow mavy mivors. are cow living in your town or village, who are general'y called decidedly intemperate persons? 10. How many families are there in your town, or gil- lage who are pow suflering from intemperance’ Aad how many children are there to those families? Vlease give tus sub cr your immediate attention, and direct your reply to the Clerk of tng Senate, By order of the Committee, J.B. WILLIAMS, Chairman, Senate Chamber, Albany, January 24, 1865, N B.—Avy individual’ receiving this circular, who are not occupying oficial ptutions, are respectiully re- quested to wid ip furnishing the information desivea, Goveroor Deke A the following: — kesoived, That the oiilerent warcens to whom the communication of th ate of thir State on the sub f intem ‘erred, report bow often the same perse san Deen committed from the sawe cause, so thatthe statistics may be prop- erly corrected, ‘The Board then adjourned, w t Committee of che Se Bellevue Hospital Lunatic Aryly Almshouse., m Penitentiary |... Hospitals... Workhoure Smallpox H Randall's biand,. “Hox pital City Prisons Colored E Colored Orp ‘Theatres Broapway TheaTRe,—' Cind«relia”’ is annoanced again for this eveving, being its last representation but three | All those who have oot seen thia opera, which bas been procuced iu great splendor, should embrace the oaly The farce ot “Betsey Baser”? wili conclude the entertainments ot the evening. bowkry THkaTrRE.--The benefit of Mrs. J. M. Cook takes place to-might, when Mr. and Miss Charles will | appear ip the farce of the “irish Lion,’ as Tim Moore and rr, Fitagig. Mrs. J. M Cook appears as Nance in the drama of the “Game Cock of the Wilderness.’? The drama of “Sixteen String Jack’? will also be played, Professor McVarland will ascend on @ wire from stage to pallery Buxton’s ThkaTkE —The burietta of ‘Blue Devila’” commences the amusements of thisevening. It will be followed by the pew American comedy called “Our Set,” ch is cast tothe entire strength of Burton's com pany, and the terminating feature will be the new crama of “Old Adam,” Fisher, Johnston and Miss Ray- mond sustain the leading cbaracters WALLACK’s TRRKATRE.—The great success of Morton’s comedy of “Town aod Vouutry,” induces the maoage went to anvounce it again for this evening. Me. Las- ter’s Reubea Glenroy bas been svoken of io flattering terms. Blake, Brougham, Biaud and Rosa Bennett io the leading characters. The farce of the “New Footman” closes the enterta niwenta of the evening. AMERICAN MUSKUM.—The piece selected for the after- noon is the much aimired dr: of * Black Eyed Su- tan,’”’ Mr. JR. Scott as William, ond Mise Mestaver as Susan. The selection for the evening is Shakesp=are’s tragedy of ‘Macbeth’? Mr. J. R. Scott as Macbech, Clark as Macduff, and Miss Le Brun ne Lady Macbeta. Cincvs—Broabway.—Sands’ avd Nathan’s fine com panies of equestrian performers ana splendid feats in the ring for this evening. Toe amasements consist of single and double ac's of horsemanship, vaultiag and tumbling. Woon’s Mixstrets,—This hull is crowded every even- ing, and the performarces, ag usual excie the utmoat merriment among the audience. ‘ Robert Make Aira’? to night. BUCKLEY'S SERENADERS —The new burlesque of Lucy ot Lammermoor’ is agaio announced for this evening. There will also be varous negro melodies and instramen tal perforfoances Hore Cuaret —Hope Chapel is devoted to the perform. aver of negro minstrelsy. danciog, inetrumental pieces d burlesques by Dor u's Ethiopian Opera Vroupe. Mx. Hoop, the machinist of Buckivy’s Opera House, takes his benefit op Saturday evening next, when it ia hoped bis friends wil do their duty Pavt JOLIRN’s first concert at the Marylaad Institute, Baltimore, was crowded. Another wiil be given this evening. The Privateer Gen. Armstrong. TO THE EVITOR OF TUB HERALD. In this morving’s HxxaLd I uoticed ao article from | would be your Warhington correspomient, statiog that a hearing A in Covgress, for the rlief ef samuel c. heid, commander of the Armatroag, Would you be ki | enough to inform me, through your valuable journal, aa ciape had not power to discharge them should they so | desire. Governor Surtu offered a resolution to the effect that he Warden be iastructed to diecharge drunken or ua- aith/ul assis‘ants, at the request of the physicivas Thia was opposed on the grouot that it would be stripping the Warden of all power and making him sub- wervient to the medical Govercor Duxx stated that one of the doctors had told him that in hie ward there was only one assistant who | was not adrunkerd,a thief or an idler. They could mot be depended on to furnish medicines to the atch. Governor ‘TRMANN was astonished at what he had heard. jt surely was not posible that the destitute sick were left to the wader mercies of this clase of people. He offered the following — Resolved, That the Standing Committee on Bellevae Hospital be requested to consiller the propriety of em- ploying competent assis'ants and nurses, in place of the paupers at present in that institution. Laid over for farther consideration. SURGEONS AND PHYSICIANS TO PAY THETR OWN BOARD, Acommunication was received from the warden of Bellevue Hospital, asking for a higher remuneration for boarding the phys cians and surgeons at that inatitation, He now receives $3 50 per week, a sam which he deoms insufficient. “it was at resolved that the request of Mr. Daly be referred to committee on Bellevue Hospital, #uo should inquire into the propriety of cutting off the board in the institutions, and making them | cerned iv the slave trate, | | not that individual; and, further, thi 1am the widow of one of thé surviving crew—if aay provision will be made tor the survivors, as they did all the fighting, and should come in for an'ejasi saare, Congress approprated $10,000 for their relief, some years ago, aud each received the small p ttance ‘of $50 of the above sum What became of tae balance never heard. 1 ¢o think equal justice should be di the brave in deed, as we! leew seek for informatio: ebeerfelly give it to oe wh alwaye willing to ao wha of one who aske journal, New Yor, Jan 2¥, 1855, TO THE EDITOR OF THE NSW YORK HEKALD, Tt baving appeared ia the papers that a sea captain of the name of G. Feliectti, is charged with having heen con- beg of you to be 40 obligio as ty allow me to state through your columas, that 1 a 1 could be tact jer it the more necessary neo Taw vy profession ni GPORGE FELLETTI. The First Locomotive. New Yorn, Jao. 30,"1955. Mn. Forron—There is a great error in reference to the locomotive, McNeil, running between faterson ami Jer. sey City in 1828, as thet road waa not comuaced until 1840, and completed in the latter part of 15453 or spring of 1834. Yours, PATERSON, A Consut ACKNOWLEDGED —The Presiient has issued an exequator to Francis A. foifman, of Chicago, ‘as consul for Brunswick and Lanenbarg, for the State ut Minois. 143 Thy AvEwvE, } to me mere odious than any connection or that tofamous trafic. of phy it themselves. Sk alleged that plenty of students could de found Court of Common Pleas—Special Term. IMPORTANT DECISION IN RELATION TO SPECIAL PABTSERS. Jan. 29.—In re La Chaise & Fauche vs. Lord & Brown and another.—1bis case was argued last week, and the points of law duly reported. Yesterday the following opinion and decision was rendered :— Incrauam, F, J.—The plaintiffs, being creditors of Lord & Brown, move for an injunction against the part” nership property and a receiver. The complaint shows the indebtedness of the firm of Lord & Brown to the plaintifls upon a note of $1,073 60; that Lord & Beown formed a limited partnership in December, 1850, te con- tinue five years, and thatthe other defendant, Marks, wan the special partner, having advances $20,000 there- to, that during the existence of the partnership, Marks withdrew from the funds of the firm $18,339 80, and about the 1si of July, 1854, received from the firm their notes for $17,000; that at about that time the firm serv- ed upon their creditors @ notice of the dissolution of the limited partnership; that at the time Marks received such sume of money from tue firm they were insulvent, and that such moneys were trausterred in contemplation of insolvency; tbat the firm of Lord & Browa is now in- solvent aad wholly unavie to pay their dedts, aod have now in possession several thousand dol- Taxe, 06 jauele of eames, 4 out of whi the are paying = del au ving - “Gg plaincute reterences over the debi due The Jelendanis, Lord & Lrown, do not ceny the imdebs- edness to the plainnfls They admit the inso.veacy of the firm, and that they bave in their possession some of the assets of the firm. They explain the moneys paid to Marks to have been dividends of profits, which tuey al- lege to have been mace in good faith and afwr aliow- ence for ali losses sustained at the times of such divi- ends fer the years 1801,’62 and 763, and aver taat such dividends were made from the net profits. They also aver that ac the time of the dissolution in July, 1854, they believed the firm to have been sulvent. Thaton such dissolution they bought trom defendant, Marks his in- terest in the assets of the firm as special partner, for which the notes of Lord & Brown were given, payable aller all the liabilities of the special partaersuip spall have been matured. That Lord & Brows bough: the as- seis of the firm of Lord & Brown, (the limited partagr- slip) which were duly transterred to them, and the; curred # lisb/lity for said purchase of $140,000, of which they bave since paid $70,000, That Lord & Brown there- upon formed @ uew general copartuersbip in which Warks nad no interest. That sueh new firm jailed in Novem- ber, 1804, and that there 18 now due to the cralitors of the limited partnership $05,000, and of the general partnership $116,000, They also allege the pending of soother acticn in this court by Lottimer aud others, iu benalf of all the erediturs of such limited partnership, praying for an injunstion and re- ceiver prior to the commencement of this actioa. If this action had been by the plaintiils as creditors of Lord & Brown, on bebait af ali the conditions of tue limited partnership, and Marks had avt been sought to be charged as # general partner, I think the facts appear- ing befure me sudicient to warrant the granting of this motion The firm ix admitted now to be insolvent, owing about $66,000, and by @ proceeding to which but litue value can be attached so far aa the claims of cre- chiors are concerned, the whole asseta of the firm of Lord & Brown, the limited partnership, have been sold toLord & Brown, the general partoers, so far as up- pears trom the evidence, in consideration of their ugree- ing to pay all the liabilities of the limited partaersnip, amounting to $140,000. Had such liabilities been dis- charged at maturity, none of the creditors would have bad any need of complaint against the arrangement, but when cebts to the amount of $66,000 are lert un- paid, the creditors muy well claim as void a sale of the whole assets of the firm by the partners, to themselves, when they are told they have no claim upon auch as- ‘ets, and mustrely upow the individual liavility of Lord & brown, the members of the general partnership, to whom they claim such avsets belong. No such arrauge- ment can be sustuined to deprive the creditors of the limited partnership of their right vo fosist that the assets of that tira shall be applied to the payment of its Jebts, and although the defendants may have gone on and paid, with borrowed mouey, some of their lia- bilities, there is nothing in that fact to justify them in withholaing from sueh creditors the assets still r waising in ther hands, and woicd under any circun stances should be applied in discharge of the liabilit, of the limited partuership. That such @ transfer be- iween the same parties can be sanct oned ay depriving creditors their right to foliow thy assets of tae firm for the discharge of its debt seems to me inconsistent with every priveiple of justice or equity. It may be, that upou & dissulution of a firm, oue partuer may sell to Ube otber partner ail his interest to the assets of the tirm, and it sucu trensaction is bona fide, and tor the purpose of windicg up the atiairs of tue tirm, a creditor canbot take such property from lieus obtained agaist it by the creditors of the partner makiugithe pur (ketchum vs. Durkee, 1 Barb. Cy Pr. .) Bat & doctrine cannot be extended to xuch a cass as the pre- rent one, aud coubt whether it can be in any eas of Mmited partnership. Tbe right to grant sucl motion settled in the case ot Jessup vs Laning, 7 Paige, a4, d hax been eince foliowed by the Supreme Court, Whitewright va. Stim sun, 2 Bart 8. C Kep. 379, and the rule adopted in those can mited partuerships was exiended by Judge Komonas % a general partner- ship, in Li'lon vs. Horn & Miney, 6 How, I’r. Rep., p. 39. Ava when st appears that @ dissolution was made, or to be made, of the ussets, in giving @ preference to one creditor over another, the provisions of the 2L9td s-ction 0 the Code are comprehensive enough to warrant such & proceeding. In the caves, however, to which [ have referred, the action was commenced not for the benefit of the plaintiffs solely, but of al the crecttory of the insolvent firm. ‘The appointusnt of a receiver in those cases would have secured the parc- nership tunds apa assets tor the joint benefit of all: and upon a distribution of such assets the crevitors would | have been entitled equally to share in the proseels thereof. There is a manifest propriety in requiring auch 4 form of action before the property of the firm should thus be placed in the hands of the receiver. There no equity in taking from a tirm the whole of their perty 10 pay or secure one individual creditor to the clusion of Others. ‘The impropriety of thus plasiog in the bands of # receiver the waole of ths asseta of the tirm to pay @ claim of $1,000, and thereby depriving other creditors amounting to $64,(00, of auy proceed- inge against such assets uetil the first’ creditor is paul, is no manilest that it cao require no argumens to show that it ought not to be done. Even if the plaiatiils were judgment creditors, they could only have an order al- Jowing a reveiver to take wutticieat of tue assets of the firm to obtain the means of dschargiog their debt; and until they are judgment creditors tuere is no propristy in giving them @ receiver, unless im a case where the etivet of euch receivership will operate to secure all the creditors cf the tirm. 1 think, also, there is a difficulty in the prerent action which torms an objection to the granting of their motion. It should be required, to war- rant such an order, that all the defendants sought to be mace liable as partuers admit the indebtedaess, The defen‘ant Marks (to whore answer I have not before re- ferred) denied such indebteduess. He denies any joint ins ebtednexs whatever, and does not admit the plain- Uill’s claims, It he is sought to be hold liavie aa a de- fendant, be certainly does not admit the iodevteduens; bot, on the contrary, his answer shows a #tate- ment of facts which would, if proved, entitle him to a verdict. Besides, other erediiors migat not, evea if the action had been commenced tor all the cre- ditors, bave been willing to engage ia such @ contest, It ts not necersary forme to pass upoa the questions lee) before me us to the liability of Marks. His lin- Dility is denied, If it exists it is not admitted, wartant mein granting this motion. If ue 10 not lable it cap only be decided at the end of tion, aud the funds and assets of au iasolvent firm should not be tied up from all the creditors for the par- pose of enabling one creditor to enter into troversy, The granting of an injunction aad appointing of a receiver in cases of this kind is admitted by the Chancellor to be in addition to the former powers of a court of equity, and it seems to me to be proper that the power should only be exercised where the claim is undisputed, and where the property will as speedily as eae be applied to heed use of the creditors, Au obv- jection was made upon the argument, and it a in the defendant's aanwer that Taetuce eotioe in pend im this court for the benefit of all the craditors, a ‘that such action was commenced prior to the present one. The mere existence of such an aetion, although » prior ove, has no effect upon tuis motion. Whether prior or subsequent in its commeacement, it affords no ground to Ftay proceedings in other actions, until after a judg: ment has been rendered in a case in which the other creditors can combine and make themselves parties. After such » juégment a motion formerly could be inade to stay proceedings in other suits, so far as relates to the appoiutment of a receiver. ‘This was settled by the Chancellor in Innes vs. Lewsing, before referred to. (7, page 583.) Chie motion, for the reasons before men- Vioned. must be denied, with $16 costs, wad the injanc. tion dissolved, without prejudice to the renewal of it, if the plaintiff shail by amendment obviate the objections which now exist, as above atated. United States Commissioner's Court. Before Richard E. Stilwell, Esq. THE ALLEGED SLAVE TRAFFICKING BY TAR CAPTAIN OF THE AMEKICAN SCHOONER ADVANCE. JAN, 30.—The United States vs, Joseph Filetti alias Capt. Krafft.—The defendaut in this case is» native of Trieste, Austria, and is charged with traticking in slaves on the Coast of Africa, in the year 1852. There was a large att ee of foreigners present, among whom we noticed Max Maretzek, the well known italian musical Manager, avd several persons who had been examiaed on fermer simliar invertigations, Raymond Knowles, examined by the District Attor- ney, deposed—I sma pianoforte maker; I have worked upon vessels as a carpenter, Iwas on board the United States ship Germantown, on the Coast of Africa, in the year 1862; | was on board of her frow 1850 to 1853; during ‘that time she was on the Coast of Africa; at the time we wire on the Coast of Africa we saw an Amorican ves- sel called the pM peer " ‘The examunat! ‘of this witness was here suspended to examine Geo. W. Rogers, who was obliged to leave town at 4 o’clock. He deposed that he was a lieatenant in the wavy, and served in the Gerinanto 1852; she was cruising from Maderia to Loaudo, | saw the Ad- v Port au raya when we cai vere she wentashore in try- ing to getawsy:! wenton board of her witha boat's cre heiped to get her off, we did get ber off that eveaing; af. ter that she was seized anc sent home to the United States asa prize, The Advance was a small fore and aft schooper was sent home under the commaad of paseed nadshipman Walker, I was on board the Advances about tem hours. Q. Who war on board the Advance? A There wasa captain and cree; she carried toe American flag; I saw eee Sree professed to hail from New Q. Had you conversations with the Captsin? A. Not _NEW YORK HERALD, WEDNESDAY, JANUARY 31, 1855. a What }, and there were aaa iff HE i E F oy capaci mule = Lavalette; she Age Passage twenty-#x or twenty-eight days; you may putit thirty a would be nard to tell what the time would be from’New Orleans to Port au Praya; it would be a mere guess with me to answer it; the latitude ef Port au Praya is more than 14 north, Q first saw her? A she was within the harbor; 1 never seen the vessel before, that I know of; ahe had two masts; ny impression is that ehe was lead color; I can- not state apy more positively as to her color; I can state that was colored; it is my impression that she bad 8 black stripe on her; T see 80 many vessels, 1 cannot give more than my impression Q. Did you think this was a*piratical vessel atthe time you sawher there? A. Idid’at think auything at all about it. Q@ ou form the impression before she left, that ahe wi a” piratioal vessely A. I did for that she was intendea for the slave trade: bame painted on the stern of the vessel; I can’t tell whe- ther the pame was on the sides; my :npression is that the words ‘* New Grleans’’ were written after the name ‘* Advance,” I am not certain of that; lam not certain that the name of the builder was on ber; I do not know that lever saw the name of the builler oa a veusel; the name was painted on a dark color with white letters; we were near the Advance for sbout a month; Ido not know where the man (Walker) is, who was sent home with the Advance; 1 don’t know where ary of them who came home with her are; Idon’t remember whether it was our wl took her or not; the commodore could order any ve: to take her; the Dale and the Bainbridge were also there; I have some recollection that the captain of the Advauce took passage ipay I think the William M. Rogers; I do aot know that he did take im her; L went on board the Acvance myself; lcapnot tell when with any cegree of accuracy; 4 went on board of her when she wentashore; that was the tirat time I was ever on board; I don’t re member positively that I had ever seen the captain pre- vious to tiat time; I think it was November, 1802, I went on board of her; {don’t think any one but the boat’s crew of the Germantown came ‘on board with me; I think there were twelve of them at least; I ean’t tell the names of any of them, nor what boat it was; I remained on board about three hours; I went in com- mand of the boat; my buricess ou board of her was to get her off; I mistrusted at that time that she was fitted up fora slaver; [did not take any particular no tice what color sne was; 1 can’t tell how many persona I found on board of ber; there were more than two, and lese than a Coven; I did’not go all over the vessel; I did not go below at all; some of my men did; some of the men of the Advance were black menu, how many I do not recollect; I can’t tell how maay white men, or the names of any, except the captain; I heard him named; I donot recollect who I heard name him; the men were dresved in the sailor fashion; my recollection of the captain’s name is from general couversation, and not trom aay particu. lar reoolltction; the Advance wae in coupiderable danger at the time, and while on board we were endeavoring to relieve her; there was not much excitement on my part; the captain of the vessel himrelf seemed to be excited; my ‘men were not, though they worked very haré; my party spoke the American (English) language; the cree of the Advance spoke the American language; the captain of the Advance spoke English with a strong foreign accent; Thad no conversation with him except to tell him to keep quiet; the danger of the vessel was in getting un- der way; there were breakers outside of her; the water broke round her that day; 1 can’t tell where I next saw the captain until, as I said in my examipation in chief, that my impression ia I saw bim to-cay (in court); I think the Acvance sailed for the United States in that same menth; I think the captain was dressed in adark frock cout, I’never heard of the pams of @ sea captain called Kraflt to my recollection before, | have seen the name of Captain Krafft in the paper: I never heard the Lame of ary otuer of that name since then. Q. in the micat of that excitement did you take any Meter notice of that man with a view to remember his dressy A No, sir, not with a view to remember his cress; the first time my attention was called to identify the captain since then, was during the preseat month, when I received a mersage from Mr, McKeon; 1 then bad @ converration with Raymond Knowles on the matter; I can’t tell what day, lcouversed with him two or three times; 1 can’t tell what be said to me; he talked about genera) matters, about ‘the captaim of the Ad- vanee and the crew; told me that the captain of tue schooner Advacce was building a brig; he did not say what the captuin was going to do with the brig; he did not say bow the be looxed; I cannot recollect that be asacd me if I recollected the captain; I don’t think he mentioned the pame Kraflt, nur do [ think I mentioned that name either; 1 caonot recollect whether 1 called hin Captain Krafft or the captein of the Advan was ¢mploy ed ia the Germautown as cooper; he continu- ed with us during the whole voyage; my recollection of the mate of the Advance it, that he 'was a short, stout mau; I cannot sey whetver the captain of the Advance wore smail rings in his ears; I caunot tell whetuer there was avy thing the matter with one of his eyes; I did not take notice whether one of the eyes of the captain was £0 much injurec as to destroy the natural color of the pupil. [Witness wiebed to say,ia connection with his for- mer statement, that if there was no other officer with him when he went on board, he sent for one.) Max Maretzek, being called for the defence, deposed— ‘That in April, 1852, he wae in New Orleans with nis com- pany ana wanted to charter a vessel to go to Vera Cruz; there were several schooners in port; there was an Ita lian named Harel, and he offered a schooner of his own to take us to Vera Cruz: I think the name of the schooner was Amphitrite; I weat on board of her; I saw the commander; I think his name was Phillippo or Fillet- ti; it sounde: ‘like that; 1 naw him to-day for the first time since; I believe he is that gentleman there (pointing to the coused); I believe it was him it must bea man just like him {f it was not bia; I spote to him to-day, and spoke to him abopt the occurrence of the vessel at New Orleans; he was familiar witn those facts; he stated certain facts to me whica made me be- lieve that he was present; my impression of the person was confirmed from conversing with bim. Q. Have you any doubt that he is the maa ? A. When | saw the prisoner I rememvered the fact just as Thave stated it; but in order to be perfectly sure I put several questions to him, which be answered in such doubt; he reminded ms of the d other tly sure I left about the end fortnight before. [Iden- e accused in a book, which ‘The case yon OS to this day. Marine Court. Before Judge Phillipa and Jury. Jan. 30 —George M. Vanderlip vs. Joseph Sterle —This action is brought to resover the value of a cylinder print- ing press, taken and sold by defendant on a chattel mortgage, executed by Theodore H. Gray (ot vitrio throwing petoriety).. t appears that ress was sold ip April, 1863, by Gray to one Merchant, and in Novem- ber 1854, sold by him to plaintiff. On’ Mercheut’s be- coming the owner be hired the press to Gray at $16 per quarter, he to remain in possession at that rate, and the same agreement continued under plaintiff Before the sale to plaintifl, however, Gray executed a mortgage to detendant, covering, among other things, the press in question. Two deys before the sale, defendant was no- tified of plaintifl’s claim to the press, but notwithstand ing which. be persisted in selling. The defence is, that the sale of the press was not a bona fide transaction, aad that defendant is protected by his mortgage. Verdict for plaintif, $600, Samuel Martin vs. Wm. V. Leggett.—This action was brought to recover $500 for work, iahor and materials bestowed and furnished in builiing a house for defead- It was proved, however, by the plaintiff's witnesses, t the work was performed under a senied contract, by which it was agreed that the money should be paid to plaintitr on the proda:tion of ths certificate of the archi- tect. Plaintill contended that he might sue under the common counts when the work not been done ac- cording to the contract, taking the contract as the eon- trolling price for the done, Defendant insisted that the production of the architect’s certifeate was a con- dition precedent, which the plains could not waive. Judgment of pon-auit, with costs to lefendant eodore R. Mell ve, Samuel T [bbolteon—This action in brought upon a note for $250, payable in monthly instalments of $21 each, drawn by defendant, The making of the note was shown by plaintiff, but the defence was that it waa s mere accommodation note, for which the defendant received no consideration. Verdict for defendant, with costs, Richard Saltonstatt os. Michael Lacour.—Action for commission broker in obtaining a loan of $6,000. It appeared that the defecdant told a triend of his, Mr. ‘Wm. Burger, that he wished to raise that sam by mort we on real estate, and requested him to raise it for im, if possible, Mr, Durgerascordingly advertised, and plaintiff claima that be was employed by him aa broker, and did raise the woney for defendsat. The Court hel uncer the testimony that there was no athority given by defendant to Burger to employ any person, and he is pot theretore liable. Complaint dismissed, with $10 te. dar and Walter Hyatt r, Ceorge T. Conklin —The sued to recover a dil for hore» feed, furnished nished by them to defendant, ‘rom Marca to June, 1854, The clerk who kept the bouks being dead, the Court al- lowed ‘to prove the'r books as correct, uy, persons who had settled acsounte from them. The net ‘was payment in fuil, nat the textimony being indefi- ite ‘both we to time an? amount, the Court gave plaintiff jue, t for $816 36 nad costs, Traitell vs. Ped mn) a, Fyreeman—In November in ae Judgment for de Marine Court—In Chambers. Before Hon. Judge Thompson. Jax, 30.—Difle against Erbe—On tre 10th day of January, instant, a judgment by default was entered in this action, on motion of Peter W. ‘feller, who appeared for the defendant. Mr. Vultee, counsel for the plaintiff, now moves to open that default, and that the plaintiff be permitted to prosecute the action. The only question which arises upon thé motion is, whether the default should be opened, with costs, to the defendant. Teller had never been licensed to practice asanattoraey in any of the courts of this State. Counsel for plaintiff contends therefore, that the defendant is not entitled to costs. Hy (he wornsiene of the S. &., pard, chapter 0, tise 1, rection 1, counsellors and attorneys may b+ licensed to atic ahs ere ne oe win this State B: itle 4, section 68, of the same chapter, every male citi- zen, of the age of twenty-one years, of moral character, &c., may be licensed by the Justices of the Court to practice as attorneys and counsellors in all courte in this State. By part 3, chapter 3, title 1, section 19, every person of ‘age and sound mini ma; prosecute or defend an action im perron. By the nei apy person of good alt re by personal pewivation in open ceurt. By the following whosver shall in person protecute or defend aay suit, sball recover the tame fees for any services performed therein, which he would be ent to recover if such services had been pertormed by an att or counsellor. .Ip all cases fons Scone Loney do ape Mood a suit a Laer ing t w raises an im| aul ity on do #0. In this case there 18 no before me that Tel- ler had any authority whatever to appear for the de- tendant in the action, Buteven if be bad, neither ho nor the defendant is entitled to any costs upoa this motion, To entitle a party to costs in this court in any suit or proceeding, he must either be un attwraey of the Supreme Court, or he m prosecute or defend in person, And no person can appear in any action, for either party, unless! the court possess satisfactory proof that he is either an attorney or counsellor at law, or that he has been specially authorized to do sv in ac- cordance with the provisi of the statute. It isdue to suitors that this, rule be strictly observed io all cases, The great amount of business here transacted—its character and importance—derands that the court should enforee every statute calculated to protect the ge and interests of litigating parties. Motion grant- ed, without costs. Davies vs. the Hudson River Railroad Company —This action is brought to recover the value of two casks of starch, Plaintiff proved that the defendants received the property on the 8th of June last. In August or September inst, the goods were demanded of an agent of the defendants. A memorandum of the agent showed that the casks had been marked for New Hamburg, Dutchess county. The fact was, the goocs had been warked for Bloomfield, New Jersey, and had been de livered to the defendants by the mistake of the plaintif’s carman. There was no proof oilered to show that the goods had been lost, or that they had not been received yy the conmsignees. The allegation of the plaiatid that the goods were not delivered to the co Although the allegation is a negative one, yet some proof rhould ba n introduced to support it, Jadg- ment for the defendants. Ruth vs, Evans and others.—The plaintiff is a stevedore, ‘Lhe defendants are the owners of the british ship Queen of the Avon. In November last, the captain of the snip emg loyed the plaintiff to load and unloac her cargo. The plaintiff engaged several men and a team to periurm the work. The time occupied was twenty-sevendays. This ac- tion was brought to recover for twenty-seven days per- sopal service of the plsintiff. The captain agreed to pay the plaiotiff fifteen shillings per day for each man by bim employed, and three tol 8 for the team. These rervices amounted to about one hundred and ninety dol: lars, which bad been paid. The proof was that when a boss stevedore is engaged to superiotend iu person the gang he employs, he receives three doltars per day; other. wise, he receives a shilling a day per man. In this case the evidence does not warrant the Court in finiing the fact to be that plaintiff was emploved te superintend in person tne loading and discharging of the vessel. Judgment for defendaate. Pa.urs, J.—The testimon: in this case being almost wholly depositions taken de beneesse, | have noted there- on my ruling on the various objections taken to question and answer, with the proper exceptior The plaintiff claims to recover in this action, under the rules of law applicable to innkeepers, and the defendants resist the claim on the following grounds: 1, That they bave the right to make rales and regula- tions for the well government of their house, and that their guests are bound to obey them. 2. That under the principle ot law treating innkeepers as cowmcn carriers, the defenlauts are oaly lisble for suffigient money to cover travelling expenses, ani the money having been paid plaintiff atter his arrival here, could it be deemed such? 3. The money lost was acquired by the plaintiff after his arrival at the botel, and the defendants are pot liable for anything which waa not the plaiatifl’s at the time he commenced boarding. 4. The plaintiff came to the hotel on the 3d of Septem- ber, andle!ton the 19th; it must, therefore, be presumed that he came there as a boarder and aot as a traveller, and if so defen sant not liad! 5. That the defendants had 6 place in their hotel for movey and valuables to be sited, ana given notice that they will not be rea for their safety unless they are so deposited. G bound to take notice of this rule, or they keep their pro- perty at their own risk. Ignorance of the language on the part of the plaintiff ia no excuse. Aw questions of fact the defendants contend—first, that there is no evidence beyond the plaintiil’s own de- clarstione, that he deposited any money in the dressing case before be went to breakfast; and, secondly, that there is evidence to warrant a fincing that the plaintiff roobed himself. Betore considering the questions of law I shall dis of the facts, The evidence of Pierre Cibeins, plaintiil’s cousip, js most positive upon the disposition of the mor ey ty plaintift. He says ‘My cousin put thirty twenty doliar pieces into his dressing case; I saw him shut his dressing case and lock it; it was strong, very stroog.’’ Nor is his testimony at all shaken on cross- exampation, for in answer to the question, ‘How do you know the number of pieces of gold which the plain- tiff placed om hin dressing case?’ he says :—Becanse my counim said to me, ‘I ree? five husdred francs for myself, and I put tl it in my dressing case;’ Mr. Stantiago made the caculation belore me; my cousin took outof the pile five hundred francs—one hundred dollars—and put the rest in his dressing case.’’ With regard to the point that this was a ‘‘self-rob- bery,’’ I eannot perceive anything in the testimony cal- culated to throw the slightest shade of suspicion upon, or tarnish the fairfame of, the plaintiff. The robpery seemed to have been the affair almost of a moment. Plaintiff went hastily to his room for bis eye-glass—dia- covered, the robbery, and ina few moments returned without hia coat, highly excited, and complained of his lone, If there was anything in the conduct of the vlain- tif at the time to warrant jicion that he was the robber, ® certainly would have attracted the attention of the keen and experienced officer of the house, who, by an immediate search of the persons of a could have ascertained its truth or falsity. Nothing, bowever, seems to have awakened his suspicion. No search war instituted. Nor did the defendants seem to have entertsined doubt as to the character of the plaintiff, "as some sixteen days after therobbery. It woul! be, then, not only a most unjust, bat, to my* mind, an vutrage- ous assumption, w his testimony, t ttigma upen the tiff’s int 2h Now, as to thelaw on which fendants rely in this case: Hotel keepers have an uncontrolled right to make ignated » particular ts are such regulations as they may deem proper for the gov- ernment of their hotels, but it by no means follows tnat by them they necessarily avoid any legal liability; and this brings up what is reall in this case. ‘Was the notice on the doo: of ind waa he bound to know its con- that the defendants would not be a the money was deposited in the sale discharge of any liability by t! was directly concluai to the knowledge of the plaintiff. For all the purpoxea of this action the rules and lishilities attaches to com mon carriere are to be applied todnnkeepers. Ia all cases, then, when the notice cannot be brought home to the ‘eon interested in the good: or constructively, tia a mere nullity; and the burden of proof isin the carrier to show that the with whom he deals i¢ fully informed of the terms and effect of the notice.— Brooke vs. Pickwick, 4 Bing. R. 218. 2Greel. Ev. sat The most usual evidence to show that the plaintit har bad notice of the defendant’s terms, has beea by proof that a notice was put up in the office when the goods were received and entered for the purpcse of car- rivge, in 60 congplenose ssttuation that it mast (unless be was guilty of wilful megligence,) have attracted the ntion of the plaintiff—2 Stark. Ev. 338. And tne printed conditions of a line of public coaches were held be more sufficiently known to the passengers by being posted wu, the place where they book their names.—Wh tewi Crane, 8 Watts and 8. R. 369. But this proof fails when the party who delivers the goods t the office cannot read.—Davis ve. Willard, 2 Stara. R. Another usual mode of prouf of notice is by evi notice was given by priated cards; but thin insufficient, uoless it is proved that tue plaintif bas een the cards.—2 Stark Ev. 358. Jenkins an 1 Stark R 418. Leeson vs, Holt 1 Stark. R. 184, In the case of Walker va. the New York and North Micland Railway Company, 2 Ellis & Biack, 750, it was the all-important question “the d pisiatifrs proved that the defendants printed notices and sont a | clerk to circulate them eon dealers—the clerk taati- fied that he believed the plaintiff was one of those to whom be delivered the notices—and the plaiatilf after- wards asked the station master what the def ita meant by sending that old fellow around with th: no tices, thus admitting that the notice had been brought ‘to his observation. It held in this case that having had notice of the limitation of their ility by the de- ferdante, avd afterwards sending freight over their road, it was cone uadera «pecial coutract created by the notice, beyond whicu the defendants were not bound. Tn fact the term “notice”? seema to be these cases. JA ‘‘notice’’ ia valueless unless bot the inn keeper sod the guest, act under it. It isa con. tract between the parties, and the coctrine thet ina keepers and carriers cannot limit their liability by « mere notice, has become too well settled to be question- | ed at this day. The policy of the Jaw is . It wae waid by Best, J. in Brooke va. be pe be the rule was fully sustained by Judge Brooson, in ister, vs. Now. Jen, 19 Wend. 274: “If coneh proprietorr wish honestly to limit their respomsibility, they ought to announce their terms to every individual who Syoiee at their of- fice, and, at the same time, place in his haod « printed er, fying the preciae extent of their t. Ti ties cmt Yo So tule, toey sttract castomers ehiter tho conti inepired by the extensive bability which the common !aw im) upon carriers, and then eadeavor to elude that liability by some limitation which they have not peen at the to make known to the indi- ee a ee eT en are ST eee terms, upmixed extraneous mat: as to be easily comprebended. “the rules to which hotel ae helo, may at firet blush seem barib and op; but when it is considered that the traveller is ee gers, atthe mercy of servants of whose hoi he is utterly ignorant, it must be admitted that the host who par fy) his custom svould be liable for all losses sua- tained by the guest under bis roof, without the sufferer being put to “ke proof as to bow tue loss occurred = In- deed, in & m erty of cases this proof could not be ad- duced. Chief J: Holt, in delivering his celebrated judgment in Cogge vs. Bernard, 2 Lord Raym, 918, said: ‘abis is & Re tical establishment, contrived by the policy of the law, for the sa‘ety of all persons, the neces sity of who-e 8 oblige them to wrust these sorts of ravng, that they may safe in their ways of deal- ” It is comparatively lately that the rigid rales im this respect have been so much relaxed as that innkeep- ers and carriers may limit their responsibility, by wey of x Lotice, so brought to the knowledge of a party ‘that he, ly, acts under at; parties who es of tois relaxation, must be care— y bring selves within ‘the principles which govern it. 1t is also claimed that the defendants are not liabie, because the money was received by: the plaintiff after be took board at the hotel. L cannot conceive how this principle can apply. If it be true in respect to mony received after he Ddecame a guest, then the rule would apply to any additions) article of wardiove ne migat sub- sequently purchase. The policy of the law ix to pro- tect ull the property owned by the quent wad in his pos- sesnion in the hotel, whether acquired before or after be became @ guest. o the poiat that the amount of money lost war excessive for travell ag expenses, and tha: therefors the defendants are not hable, it is shown. that the plaintiff came here on a voy: of curiosity, pleasure und iuformation, that bis passage trom France to New York was puid, and that he was to continue his travels from this city. 1 cannot, therefore, find as a question of fact, that $600 was an extravagant amount 10 be allowea for such purposes, In abort, the plantiif* Was a guest of th feudante, he had in bis possession in bis room on the dd of September last, $690 in gold, of which he was robbed by some person or persoas un- known, and tbe notice, by » hich tue defendants claim to be discharged frem all liability, has not been brought. to the plaintiff's knowlec ge in such a way as to securo that object. No negligence or mismanagement in con- ducting the house is proven. On the contrary, it ap pears ‘that an active and bighly intelligeat otficer had a at least torn supervision of the hotel and that a watch under floor, is dircetion was kept on cH) even of this vigilance 1 gence need not be p spnsible; the law re of the property of order judgment {c and the usual allow but that in spite Neglt- ty, (s, and I must therefore stil for $300, besides costs Anti-Slavery Lecture=No. X. The tenth anti slavery lecture of the season was de- livered last evening at the iabernacle, by the Hon. Charles Francis Adams—subject: ** What Makes Slivery & Question of National Concera.”” A large aud ence was present. Tne fcllowing is a baief sketch of the lecturer's remark: :— It is not my design, he said, to be the champion of any of the institutions against slavery, though 1 would speak of them all with repect. It is, however, to be regretted, that so much acrimony should hav® crept into the axti-slavery spirit. I propose to examine to-night, first—what makes slavery a que: tion of national concern; and thea—how should it be treated by the free States of America? Domestic slavery is established in fifteen of the States of this Union, and upwards of taree millions of human beings are held in boudage. If nlavery goes on increas- ing at the rate that it has done during the past eighty. years, there will be as many slaves eighty years hence as the existing population of the whole United States, It is paid that we, outside of slavery, have nothing to do with it; but is it true that a number of p2rsons kept in bondage are going to aifest only one part of the Union? f 1am asked what makes the slave question of national @ cern in America, | answer—overpowering necessity. If four millions of slaves are neglected, will our taak of obgervation begin when they have vecome twelve, twenty- cor or forty-eight millioust It must begin somewhere, So far, then, from blaming that class which have commenced the agitation, 1 cannot rosst the conviction that they hi begun wuat would have been une day an inevitabie necessity, After the Missouri compromise, a very few hearts began to twell with » sense of neglected duty; they rose from amid the community without a hand to help, or an eye to guide them. Moat of those who responded to the eall were women. They uaderstood that a great was being committed, and tue first result wi mation of @ umon by twelve persons, called the ‘“ Fede- raj Anti-slavery Society of Boston” The right todo this much cannot be denied ; the manaer might be deemed in- discreet, but these women were held b- tore tae public as if they sought to overthrow the republic. Again, if I am asked whht makes slavery a question of national con- cern, 1 answer, the attempt to stifle discussion on the question “as one of abstract morals, The women whom I have already named, weot on calling meetings. In utter ucconcern of committii any mprepriety, they extended an invitation to Mr. George Thompson, an Enjlishman, to deliver a lecture, A crowd rusbed to place, where fifteen women were ed, ‘to find Thompson, they wreaked their yengeance.on « sign that told the world that the an ery Society held their meetings there, They did pot stop here, and the Mayor was pean, obliged to protect Wm. L. Garrison, by placing him wit! meletactors prison’ This made heroines of these wome The excuee that this was a local outrage will not avail. Public mectings were afterwards held in va- rious States to punirh discussion om the subject of slavery. Yet there people did nothing that osterity will ‘blame—it was tre majority who ths wre) aud the majority were ided by sla- vase’ he question {ron thaneiterik. Sessile. 6 grown the political one. Out or this | ttle hermei has reat tree of political antialavery—a tree which it is imposible to root out withuut biog! the evil with it. The anti-siavery movement has been wholly defensive in its character, and preventive rather than remedial. Political anti-slavery hi ily been sodeprecating and con- ing as to lose somewhat of ite et ae This yt the fault found with it by the enemy. They sy, that it is wantonly aggressive; but there is nothing of all this in the record. The charge of ressivencss is positively absurd. number who ted in the cause of freedom was at first small. They are now denominated fanatics; but the calmer judgment of his- will declare that a move self sacrificing patriotic band never existed. Mga oamesié With the press, the politicians, the church, the bar, and the prejudices of the people inst them-—with nothing to; andevery- thing 10 loso—these few still struggled on, and persevered. J do not claim for them that they made no mistake. Let him pick flaws who could bave done better. But | cannot resist sayivg, that if these principles should ever be reinstated iv the constitatioa of the United States, the honor of commenciog tae work should be reserved for the brows of those indomitabie men. Locking over the eveuta of the past twenty years —froe speech refused on the question of slavery, even in the Northern Statca—the right of petition to ne tional legisiaiure so long denied, and even now evaded the acynieition of Texas—aod, above 5 passing of the Fugitive Slave law, so revolting to every free wind—through this entire™ the measures of the Anti Slavery 'y have been purely those of defence. ‘The fact that slavery is found in only one portion of the United States dees not at ail change the objections of Northern men. The slave question has become a question of national concern, from the fact of ity fast increasing strength, and trom the uoavoicable duty impored upon us to detend the freecom of our instivutions. To con- sider how the slave question should be treated by the frev States of America we must review ite strength. im opposition to it waat bave the friends of liberty to pro- duce? They have only at their command a truth—in- vincible becaure it cannot die. The history of the pre- went century it a history of defeats, but gyet ove of, gra- dual progress towards succe.#. Mr. Acame coveluded his lecture by alluding to the feeling at prevent existing against Reman Catholics and foreigners, Attaching any religion, ke said, is nove in America, but another di te is nodet, name ly, the righte of foreigaws io this country to vote or to hold office, Sveh matters only direct attention from the antislavery question. The lavenoiders, too, might o¢ ‘ound io the ranks of our fiiendy, Antislavery people have got into wi company Ip leaving their old position—that ia, if they want to cu anti-slavery work, ‘They are divided im there and say thet wUst persecute the itisuman, the German, or the Swede, before they can take up tie cause of the slave, (Aprlause.) Ko. if we would triumph, we must bold the slave question paramount to every other emergency, There are two errors in hew movement which fev that “God looks on ail See mt yee ne —. clety hope to prosper Can it be poss: orks 4 hi rica— proud of their lil proud of possesring the only asylum for toe ¢ despotimaof Evcope—can it be they arc insensible to the ridicule of going iato secret *, to coin tery, and in an ner, what might do ly if they the slave question is the que of this country, but all over the world. fast, with one spirit ani one mind, the couse of freedom; and Ch ag triumph will eventuaily be our re: Lf TopLes TO FRep THR pe informa the Courter that he bas, within the Inet oh ‘and yeuntpted Uutoagh $9 New Yorks Phiieet.