The New York Herald Newspaper, May 11, 1855, Page 8

Judge Loring, of Boston, Not to be Removed, MOPORTANT MESSAGE OF THE GOVERNOR OF MASSA- CHUSETTS. Counct Cuamuxe, Boston, May 10, 1965. To THE SYRASBR OF THX Hovsk OF REPRESENTATIVES:— T bave received the address of the two branches of the Legisiature, requesting that Edward Greeley Loring may be remoyed from the office of Jadge of Probate for the comuty of Suffolk, In my inaugural address to the legislative branches of the government, | used the following words:—‘‘I know no safer index im official action than a conscientious coaviction of duty—none more fluctuating than the attempt to satisfy te: price. tudulag: andl if dnrerarsed, Sobaeror later the ver: sooner or later the ver- dict of condemnation will be recorded against those who are false to their requirements Let us then be true to ‘our country and our duty. Let the success of principle, vot of party, be our desire—the benefit of the Stat2, not of faction, our aim,” Lhave endeavored to exam'ne the question submitted to me in the light of those principles alone. I desire to do right for the sake of tre right, forgetful of expedi- emcy, and disregarding consequences I ask only that conscientious motive: may be atributed to me in my a tioas, and that my con»tituents may believe that obedi- ence to justice is my sole desire, I sball not attempt so much to demonstrate the cor- rectuess of the result to which I have attained, as to ly the course by which my two branches of Legislature, im general court assembied, respect- fully request that 'yeur Excellency would be pleased, by and with the advice snd consent of the Council, to re- move Edward Greely Loring trom the office of Judge of Probate for the county of Suffolk.”? ‘Three courses present themselves for my adoption. First—To request the Legislature to favor me with the reasons for such removal Secondly—To act as I deem uy duty, without communication to tne Legislature; ‘en io ood Tmy reasons for the course which my convictions 6) Jered me to adopt. ‘The original papers, now before me, demonstrate that on record, where Judges of this State have been removed by address, full reasons for removal Bave accompanied said acdresses. Though anxious to Bave had the specific reasons asstgnea for the proposed removal, in order to avoid action on doubtful grounds, the Legislature, baviog omitted to embody in the ad- dress the regults of the investigation of its committee, carried om with facilities the executive department does wot possers, rather than farther prolong th: have concluded not to pursue the first course. As to the second, if « Legislature ask the executive to form an act, without speci‘yiag the reason therefor, my witbout discourtesy omit to assign the reasons which constrain him to decline acceding to their request. But the nobler, maniier course ia to adopt the third method, and thir 1 now proceed to do ‘The question of acceding or ceclining to act in accord- ance with an address for such a removal, is widely uif- ferent from the constitutional power given the execu- tive to sign or veto legislative enactments. In the lat- ter case, the constitutien limi’s the period that a bill shall be retained for consideration, and provides that a sion. I It 18 whelly different in the case of tive address, no limit in time being fixes, and t! of the exeoutive being final. Feeling deeply, then, the importance of a decision which must be a finaiity, [ have atili been impelled to hastea my reply, before the Legislature shall be prorogued, in order that further ac- tion may be had of a different nature, should the two houses deem it advisable. ‘The power of removing a Judge by add om the proviso to article Ist, chap. 3 of tue constitution, and is im the following words:—"Provided, nevertheless, the Governor, with the consent of the Council, may re- move them upon address of both houses of the Legisla- ure.” It is very important this passage be examined in the light of contemporaneous exporition to ascertain the in- tent of the formers of our constitution. The convention that adopted it, met in Cambricge, September 1, 1779. By the jourpal of that convention it appears that oa Saturday, November 7, it was voted, 78 to 25, chat Judges of the Supreme Jucieial Court should nola vheir offices uring g00d behavior, and on Weduesday, February 16, 1780, the eame tenure was adcpted for the other judicial officers. On the same cay, the provision before quoted, “beug read, was largely cebated, when the same was put and accepted.” T have in vain attempted to procure an outline of that debate, and cannot learn that it was ever printed; the papers of the day containing no abstract of it, aud no memcrsndum in manuecript being known to exist. We are therefore compelled to infer the inteation of the foamers of this proviso, from collateral aad nearly con- temperaneous evidence, and to upply to ita intepretation the immutable principles of right and justice, that were never new, and never will be old. If the address to the people of Massachusetts accom- Panying that constitution, signed by J! Bowdoin, as President, is the foliowing passage: “ You will rea- dily conceive it to be necessary for your own safety that your judges should bold their offices during good behavior; four men who hold their places upon so pre- cious a tenure as annoal or other frequent appoint- mente, will never +o a:siduously apply themselves to study as will be necessary to the filling of their places with dignity. Jucges should at ail times feel themselves independent and iree.’”? Such larguage indicates that the Oonvention intended that our Judges should hold their offices during good behavior, and not on “go preca- rious a tenure’’ as the willof the Legislature, and that it solemnly declares that their liability to removal, without reasons being given, without trial, and without an allegation of crime, would prove fatal to “‘the people’s a, ard the “independence and freedom’’ of the ciary. A conmnittoe of delegates from the county of Essex was held at Ipswich to cuntider the constitution formed two ears previous to that Convention, whose action we have just considered. In a very able address signed by Peter fin as Chairman, and printed at Newburyport in 1778, bp page 39 itis forcinly affirmed, ‘Tae same power,’ (that is, the executive.) ‘‘which appointe the Judges, ought not to have the power of removing them, eveu tor misbehavior. Whorver appoints the Judges, they ought not to be removed at pleasure. One of these two powers,’’ (tbe executive and the Legislature) ‘should Appo'nt amd the other remove.” And page 40— “Neither will the executive body be the most proper judge when to remove. * * % & # Let, therefore, the judges bd appointed by the execu- tive body—let their ‘salaries be indepeadent, and let them bold their places during good behavior. ‘Let their misbehavior be determined by the legislative body. Let one branch impeach, sre the otber judge. Upon these principles the Jucicial body will be independent so long as they behave well:, and a proper court is appoin’ed to nacertain their conduct.’’ Ail these circumstances tend to show that the cla of the titucion under consideration is not to be con- sirued as conferring a power of removal at the mere wish of the Legislature. If it can be used once, it can be a thousand times —if to one judge, then to the whole ch—i€ now, every year. “Such sn interpretation Would directly conflict with other Frovisions of the ia- atrument. If compared with the 29th article of the bill of rights, isit not @ contradiction in terms to say, that “it is es- rential to the preservation of the rights of evary indt- vidual, bis life, literty, property and character, that there be an impartial interpretation of the laws and ad- ministration of justice,”’ and then to provide that its interpreters and administrators may be charged ever: year with each sucneediag political revolatiox? Is it Rot a futile declaration that “it is the right of every citizen to be taied by juoges as free, impartial and in. dependent as the Jot of humanity will admit,” and then to add thet they can be removed without reasons given or crime alleged, if they will not surrender their free. dom add absncoa their independence at the behest of dominant parties’ If it be tne weaning of this proviso that judicial offi- cers may re removed without cause, on the address of the two bovses, all sections of the constitution refer- ring to impesctwent of Judges are supertiuou! by provide for impeachment and trial by the two branches under the solemn forms prescribed. if an address from these two branches, without comfrenting the culprit with his sccucers, without even an alleged culprit, or any aed’ or any crime, may jastity @ judicial re- moval? Is tt not proper, then, to inquire if there is any inter- retation which will make these seeming discrepancies Earmonious—these indicaticns of justice unfounded— these apparent contradictions one homogeneous whole ? Such interpretation may be found by construing our constitution as deciaring that our Judges aball hold office during gcod bebavior, snall be removed by impeachment for erime, and by adoress for any dispensation of Provi- dence thet makes them, without criminality, incompe- tent to perform properly the duties of their office. This bas often been affirmed to be its true intent by our wisest statesmen. For instance, in the debates of the Convection of 1820, Mr Pickman, of Salem, said—‘ It ‘was proper to bave « provision of a sim‘lar nature, to meet such cases as were not a proper subject of impeach- 33 is founded eaprelty rom natural infirmities.”’ vage, of Boston, said he hoped ‘‘we should have the advantage of both modes of removal from of- fice, by impeachment and upon an adaress of the Legis. ature, #0 as to meet the moral qualifications and the | diequalifications for office.’’ le Shaw, our present Chief Justics, “The general principle was that they should be in ent of other pertons during good behavior? The faithful discharge of the duties of their office, If not faithful liable to trial by impeachment. might srise when it might be desirable to remove # judge from office for other causes, he may become incapsdie of performing the duties of bis office, without fault ; hs ‘May lose bis reason or ve otherwise incapacitated, It in a theory of our government that no man shall receiee the emoluments of office without performing the sevices though be is incapacitated by the provicence of God. [t is unnecessary, therefore, that there should be provision for this case.” I well know that in the same debate distinguished and able consaitut/onal lawyers assumed that this proviso might authorize any or all judicial removals, in their arguments 1n favor of its modification; and that ia con. juence of these arguments, that Convention proposed its amendment, But the fact that this alteration was rejected by the popular vote, may be ceemed a pragaant indication that the people of our State did aot believe that #0 unlimited a power of removal was intended ny that proviso, or that 1t would ever be 0 construed by ature, ‘ally sensible that the letter of the proviso, without reference to the context, seems to authorize 1 removal of any and of all o udges by the Execatiy with the consent of the Council, on an address by tl lagi i re, But I am constrained to believe that, judging by the rule that any instrament must be takon ‘48.8 whole, and all its provisions be scanned in the light of all ite other provisions, this vise was intended by its framers to apply ‘only to those cases where 8 judge is incapacitated by the Providence of God, and having committed no crime, cannot be reached by im- But cases it. This power has been exercised but twice in Massachu- setts; first, in the cave of Paul Dudley Sargent and ‘Williem Vinall, Justices of the Court of Common Pleas ja the county of Hancock. who, the address states, “have been convicted before the Supreme Judicial Court holden within and for the said county of Hancock, of the crime of wilfal and corrapt extortion in their ot fives of Juatices of the Court of Sessions, by meaas of which convtetion the confidence of the people must be 4 great eg ee (iminiabed fm the said Sargent and Vi, pes 8 pall, and the honor and dignity of the goverament re- quire that men against whom such charges have been substantiated should not be permitted to exercise offices ef such high trust and im; yd It appears from the records of the Council that these persons both tendered their after the Le- islature had voted the address, and executive action was had thereon, which, however, were not ac- ted, but they were removed. “Fe the construction of the constitution given by me is it was improper to remove those persons by ad- Gress, ‘They should have been brought to trial by i eachment, under the other provision of the constitu- ion, which refers to tte commission of crime; ani I find John Quincy Adams, then a member of the Senate, svstains this view in a solemn it, which bi caused to be entered on the journal, reh 4, 1803, the folloving words:—The ‘subscriber requests that, tor the following reasons, his dissent from the vote of the Senate to accept the report of the committee for ad- dressing his Excellency the Governor to remove Paul rgent and Wil Vinal from the offices of Jus- tices of the Coury of Sessionr and of Common Pie: the counties of Hancock and Washington, may be ea- tered upon the journals of the Senate. Firet,—Becauise the grounds alleged in the said ad- Gress for the removal are for official misdemeanor, and the subscriber conceives it to te the intention of the constitution that no judicial officer should be removed Tom office by means of an address of the two Houses, op the ground of offences for the trial of which the coa- stitution hag expressly provided the mode of impeach- ment Secondly. Because he considers the independance of the judiciary as materially affected by a mode of pro- eeding which in ita effects must make the tenure of all judicial offices dependent upon the verdict of a jury in ‘apy one county of the Commonwealth. Thirdly. Bscause the decision of the Senate in this case, affecting in the highest degree the rights, the character and reputation of two individual citizens of vbis Commonwealth, ought not to have been taken, with- ut giving them an opportunity to be heard in theit own efence. ‘The other case of removal of @ Judge by address was that of Theophilus Bradbury, of the Supreme Jadici Court The address was voted June 21 of the samo 1808, and declares ‘they find that by as ol Isy on the 18th of February, A, D. 1802, the said Juage bury bas bern rendered unable to perform any duties of his office since that time; that from the natare of the attack there is no reasonable groung to hope that he will ever be restored to such health as will enable him to perform the duties of his office, and therefore that his longer continuance therein is likely to embarrass the judiciary of this Commonwealth ”? Judge Braibury ble to appear in person, when summoned be- ecutive, after being heard by counsel, w This case came clearly within what I think is the in- tention of the Constitution, and itis to be remarked that Jobn Quincy Adams, though still a member of the se- nate, did not protest against this action, as he dil in the previous case, thus showing he deemed it within the scope of constitutional power. In recapitulating this branch sf the subject, I state that though the tenor of the language of the constitutiva seems to authorize this power in every case, and without reasons given, I rm nevertheless impelled to believe that such is not its true interpretation, from a comparison of the different clauses of that instrament, from the state- ment of the address that accompanied it, for contempo- raneous evicence, and from the uniform acquiescence of the State government with one exception, and that ex- ception having been recordee against it, the protest of no less a man thap John Quincy Adams. But granting, for Kot ag pose of further consideration, that the intent on of the framers of our constitutioa, was to autborize for any cause, or for no cause, the ra- moval of any or all of our judges by address of tne ia- lature to the Governor, I now proceed to examine in that light the present case. Eitper this clause authorizes removal oaly for an act ot Providence, their being no guilt or ground for im- peachment, or it authorises it at any and all times, without limitation, for cause or without cause. If this latter view is correct, and if such unlimited power is betel given, the justice of using that power in the case of Budge Loring is the only question to be considered, It is not alleged that Judge Loring bas committed any crime against the laws of the United States or of Massa- chusetts. It is not alleged that he is rendered unfit for the performance of the duties of his office by insanity, Physical incapacity, or any other visitation of Provi- dence. This case then, is the firet during turee quarters of century where It Has been proposed to use this al- leged constitutional power. This 1s to be a psevedoat by which our judicial offieers are to be pl the same category ‘with poatmasters under the general and sberifts under the State government, to be removed with every change of the reling party. Judg story said in the Convention of 1820, speaking of the very passage under consiceratien, ‘‘the first “instance of removal woult establish a practice which would uever be departed from, of sbifting the whole court with every caange of the party in power.’’ That which most degrades modern politics, which most corrnpts public morals, and prevents the best men from consenting to take offices of emolument, is the castom, that Jong and constant precedents ‘hardly palliate, but which has grown now to become almost a necessity, the removal of honest and faithful officers to make room for the frends and supportersof tbe victorious party. There is no official action that so disgusts ® high minded man as this now neceasary practice of removal. I would not be the first to introduce it even in respect to the most important offices. When, then, I am solisited to per- form an act which may be construed as inaugurating this custom, for a precedent during all time, as regarcs the judiciary, that b concerning whom the Bill of Bights declares ‘that it is essential vo the rights of ry individual—his life, liverty. property and charac: that there be an imparaial interpretation of laws and administration of juatice,’”’ and that “it 1 the right of every citizen to be tried by judges as free, impartial and independent as the lotof humanity wili admit,” is it strange that I recoil from the task with distrust and alarm? ‘The next reason why I hesitate to remove Judge Lo- ring, assuming the power to do so to be clear and posi- tive, is that no crime is alleged against him, im office or out, and no intimation is given that he has not satisfac- torily and faithfully performed his duties as Judge of Propate The 12th article of the Bill of Rights declares that “po subject shall be held to answer for any crimes or offence until the same is fully and plain suostan- tiated, and formally described to him ’’ In the case of address the Legisiature act as # public prosecutor, or grand jury, to frame the indictment, and an indictment without an allegation of crime would be quashed at once by the Court. The executive acts as the Court in this case, and certainly should not coniemn without some #pecification of criminality. leged there was that action in the case of Judge Loring, which, without being an overt crime renders him so obnoxious and objectionable as to muk his removal desirable. Stil, that removal should taki place in a way unquestionably cgnstitutional; in such &@ masner that while the obnoxious individual is re- moved fzom his public post, no precedent is established pregrant with evil to those who may come after him, and so that punishment shall follow only a plain viola- tion of law. Such @ course is open for the Legislature to adopt. In both branches an attempt was made to render the holding of the office of Judge of Probate incompatible with that of the commissionership under which Judge Po action was deemdd oonoxious and objection- able. To the allegation that Judge Loring has shocked the popular sentiment of Massachusetts, it may be pertinent to ask wbat the duty of judges is. Are they to expound the laws as made by the law-making power, or are they te construe them in accordance wich popular sentiment? When the time arrives that a Judge so violates his oath of office, asto shape his decisions according to the fiue- tuations of popular feeling, we become a governmeat not of Jawe, but of men. Supposing, as is alleged, that according to the ordi- nary balancing of conflicting testimany, the decision of Judge Loring was erroneous, no one avserts or believes Judge, then, to be removed from office, even it execution of that office he give: mistaken ja Such an impregtical and baer policy would a dally removal among judicial officers of our inferior courts, 88 often are tveir decisions overruled by higher tribunals. As to the allegation that the conduct of Judge Lorin, in this trisi was harsh unfeeling, and not characteris by the humanity which the maxims of our jurispra- ence throw around a prisoner, and that he did not giva him the benefit of the doubt which the theory of our law, as old as the law itrelf, grants every person ar- raigned, there is conflicting testimony. ‘The senior counsel for Burns, perhaps as impartial a witness as the nature of the case permits, testities toat he wrote in his private journal during the trial:—‘‘Ihe conduct of Judge Loring has been considerate and hu- mane;” and bis present statement confirms his con. temporaneous declaration. In such a conflict of testi- mony, let us grant Jud the benefit of that ooubt, which be is acer of having withheld from the individyal arraigned before his tribunal, lest we our. Belvee do violenee to the same great and sacred et which it is alleged he lost sight of in the exercise of his judicial function. As to the objection that Judge Loring did not act up to the convict ons hd nc | of Mi husetts, con- cerning the conetitut! lity of the iaw he was led to enforce, regard must be had to the constitution of the human mind, and the historicai succession and position of events touching this enactment. Bearing in miod that the law ef 1793 was repealed by implication by the act of 1850; that, accorcingly, the Massachusetts statute of 1743 became inoperative; that repeated attempts tore-enact it bad failed in successive legis- Jatures; that the highest judicial tribunal, national and State, and the large majority of the jurists and states- men of the republic, bad pronoun the act constitu- tional; that a great political revolution had but recently swept the country, openly acknowle(ging it asa finali- ty: that from commercial and other influences the coun- ty in which he exercised his judicial fuactions, and the people with whom he came in more immediate contact, were imbued with similar views; that the influences of the profession te which he was educated, andto whica be bad devoted the greater part of the ordinary life or b, naturally and universally develope a regard aod reverence for existing institutions, bearing io mind slro that in the fervio excitement and unsolcing of 4 rican ideas, the changes of popular sentiment; that with sued facility and ke ge J embody themselves in statute: and laws, through the machinery of our elective bodi of legislation, must and do frequently outran the victions of our citize) it would seem to be going too far to hold, in all cases, the human min¢ answerable whenever it f 10 come up to the impressions and sen- tioems sof the ic Ot we are 50 old, are we not digging a pitfall iato which the most salutary enactments Sanat by the Le gislature this winter may at some future time ye hurled with ail who cling to their constitu onality and expe- diency. Js can hardly be denied that such ina fair wad just illustration of the tendency of this poliny, for tt must be remembered that five years ago the votes and voice of Massacbusetts in both Houses of Congress wera ‘iven to the paraage of the very statute unver which udge Loring acted. ould it be mere strange if withia a few yoors alien bande shoald control our etate government, and bing this precedent for removing those from judicial office who, m obedience to 4 law which has but just aow re ee NEW YORK HERALD, ceived your sanction, should refuse to aid in naturaliz- ings in tho Courts of Massachusetts. ‘or these reasons, matu comaldered, but hastily written, and many of which are merel ced at withent being (ully developed, lam to re- epectfully decline acceding to the Address of the two branches of the Legislatute, for the remova’ of Edward Greeley Loring from the office of Judge of Probate for the county of Suffolk: HENRY J. GARDNER. ‘Tne Hiss Case in Boston. THE AFFAIR GROWING INTERESTING—THE MYSTERY MORE MYSTERIOUS—MEMBSES CHARGED WITH CRI- MINALITY—BI88 CONDEMNED BY A MAJORITY OF 172—EX?RAORDINABY DEVELOPMENTS. {From the Boston Tunes, May 10.] At the opemg of the atternoon session of the House of Representatives, at two o’clock yesterday aiternvon, on motion of Mr. Stone, of Boston, the special assign- ment (bemg the consideration of the report of the com- mittee on the case of the'Joseph Hiss, s member of the House from the city of Boston.) was postponed for balf an nour. The iaterval was spent im disposing of business on the Speaker’s table, and acting on matters of no material importance. At half-past 2 the special assignment was called for, and the Hiss committee’s report came before the House, on the question of accsptance. A motion, by Sr, Eames, ot Malaeo, to further postpone the consideration a quar- ter of an hour, was voted down. Mr. Brows, of Toliand, moved that the subject be submitted to a Committee of the W1 tion a division tock place, when it was csrried, by 113 to 01. Mr. Kina, of Roxbury, in the chair. The Chairman stated the question, after which the concluding portioa of the report was read by request of a member of the committee, as follo: “We ccasider his conduct upon the committee at Lowell highly improper, and disgrace- ful both to bimself and this body, of which he is a member, and we duom it such as to render him uawor- thy longer to occupy @ seat upon toe floor of this House.’ Mr. Frren, of Hopkinton, moved that the committee rise and report to the House that the report be ac- cepted. On this motion a long discussion took piace— the basis of which was an opposition to proceeding, for the reason that Mr. Hiss was not present, and because be wished to address the committee. Subsequently the motion was altered so as to read ‘“‘adopted’’ instead of “accepted,” and in this shape it was passed. The com- mittee then, om motion, rose, aud the Casirman—tae ‘House having resumed—reported im accordance with the vote of the committee. Mr, Stong, cf Boston, made a plea that time be given to Mr. Hiss to be present, ce it was umwise to tase any final action in his absence. of Newton, moved that, when the copting the report be taken, it be by yeas the motion was adopted—161 to 69—over one-fifth, The House discussed another mo‘ion for twenty minutes’ delay in favor of Mr. Hiss, which gave way toa motion for a reconsideration of the vote orderiag the and ne On a divisioa the House refused to re- 1 to 76—less than four. fiftns, tz. CRAVEN, of Attleboro’, Speaker—that it required of the number of members present to sanction vote ordering the yeas «nd nays, xtendedly debated. tne previou moved for, and ordered, and the Speaker’ sustained by a large majority. The question, ‘shall the report be accepted?” was then put, when Mr. anprews, of Danvers, moved that the Boston members be excused from voting; but after debate it was withdrawn. Mr. Brayton, of Boston, said that he would vote in the negative, for the evidence re; by tne committee Was not such as could convict any one. Mr. Hiss, of Boston, rose and stated that be had a me- morial to present to the House. Leave was given, and Wr. Hiss read the memorial. It represented that just complaint existed on the part of the memorialist on a3- count that the House hed no right to try or to expel him tora fault over which they had no control. The committee of the Honse had no right of trial m the ) vigor were prejudiced against the memorialist, and ad no power whatever to decide. What they had to do was simply to 1nvestigate and not to recommend any ac. tion on their investigation. Had a trial takea place in his case.it bad been declared otherwise, by the commit- tee, on his application to them to be beard in bia defeace agaipst a crimwral charge. Tne committee of investica- tion had made misstatements, and drawn conclusions from premises defective because of their aisussosiate evidence. The memorialist turther stated that the evi- was imperfectly taken by the committee, and that of it could be explained away or corrected. It was only now, for the first time, that he was called to make answer to conduct of a disgraceful and culpable character, of which charge the acceptance of pert would morally convict him. Toe memorial further represented that, if he was to be judged in this fasbion, and condemned, there were others equally aab- ject to those processes. he chairman of the committes ‘which had taken it upon thom to judge and deside in his case—as the memorialist could specify and verify—and several other members of this House were equally as culpable and guilty as he was. (fhis statement crea’ & great deal of sensation in the House.] Mr. Hiss there- fore prayed to be heard in answer to the charge made against him, which the Bill of Rights and the rule of precedent gave no authority to the House to make or decide upon, motion to change the word adopted for accepted was mace and negatived. Mr. Prerce, of Boston, moved that Mr. Hias be heard in hia cofence at the bar of this House, through his counsel. A long Cebate took place om this motion—members expressing their belief that the adoption of the report (it not inclucing expulsion of Mr Hiss from the House) would not interfere with his right to be heard at the bar of the House by his counsel. Others considered that the acoption of the report would be equivalent to the eugrafting of « charge of felony on Mr. Hiss, which -_ Sone not sanction, and consequently they opposed hat adoption. Mr. Pierce, of Boston, wished to review the whole He cons'dered some of the members of the com- uilty of gross misconduct, in using liquor at tations, after they had yoted for the pronib- itory law passed this session; but as for Mr. Hiss, he considered nim clear of this imputation, and in reg: to that pending. jsinst him, as innocent as he (Mc. was. msideration—celiberate coasideratioa— abject of the memorial, which to be regretted, as it might apply to the conduct of the members of this House. It was street talk that similar indiscretions had been com- mitted by other members as had been charged against Mr. Hiss. He hoped that the motion to grant him a cy should prevai Mr. Grirrix, of Charleston, considered that the cum- mittee had done their duty, and no more, and it was not for the"House to say more at present than simply whether they had done, or had not done their daty. After that had been done the House could tnen say the founda‘ion for a hearing to Mr. Hiss. As he bad spoken about precedents, it might be well to state tnat parlia- mentary law proviced that no member had a right to be beard, oreven to be in the House, when bis cosduct was under investigation. Instead of this restriction, Mr. Hirs had been sllowed to come here and read a me- merial which had been drawn from another mind than his, which had seemed to put members toa staud. Bat this dilemma was no dilemma whatever, after all ; for bis part, none of his conficeace had peen shaken by the memorial—not even by the charge brought agsinst the Chairmaa—Mr. Kimball, of Salem. That gentl-msn re- quired mo defence from any member of this House inst any honest accusation; aad, moreover, even if the statements in the memorial were untrue on investi- en sey hey not affect the proper action of this jouse, as they did not palliate or extenuate Mr. Hiss’s own offence. It was the proper duty of the House to tske up and act upon the report, when Mr. Hiss could be then heard at full length; although in Mr. Griffin’s opinion he had received too many favors already The debate was very spirited—very discuraive—and very amusing; besides, it was very difficult to under- stand, on account of the very great bustle which pre- vailed in the House, The previous question was demana- ed by Mr. Fitch, of Hopkinton, and ordered, and the sudjest of the motion of Mr, Pierce, of Boston, that Mr. Bisa beheard on the floor of this House, through coun: sel, came The House retused to order the yeas and ai ition, by a vote of 195 to 16. The vo T3 leave to be heard by coun- sel at this stage of the proceecings in the case, was doubted; and, on a division, it was sustained—132 to 64. The question of adopting the report of the investigat- ing committee then came up in order, and the previous question was moved and susta‘ned, and the vote taken by yeas and nays. Messrs. Littlefielé, of Foxboro’, and Robinson, of New- buryport, requi leave to decline voting, but the House would not grant them the privilege. ‘The Clerk had proceeted to call the name of Mr. Little- field, when objection was offered to his answering. Mr. Littlefield voted no, and Mr. Robinson did the same, under protest. Mr. Brows, ot Tolland, requested to be excused from He had t no part ia the matter, directly or indirectly; and a was a sort of family quarrel, he thought it best to have nothing to do with it. Some members expressed themselves anxious to hear the opinion of the democratic party on the subject. On bis name being called, Mr. Brown made no res- sponse; and, a(ter some discussion, the Speaker stated at no recourse could be had against the member from Tolland but to instruct the Sergeant-at-Arms to hold him in custody for contempt. to trouble, Mr. Brown voted yes. Mr. Rervs 8. Porx, of Boston, was excused from voting, he having been absent when the question was stated. Ascere of much confusion ensued in relation to the privileges of members to state their reasons why they should not vote. Several were called on and voted, or were excused because they were not in the House when the question was put. The SrxakeR then announced the vote to be as fol- lows:— For the adoption of the report. vee 208 Against its adoption .......+ ee Majority for adoption ... evereves veces 172 Mr S10x¥, ot Boston, after a fow prefatory remarks, offered the following resolutions :— Resolvee, For reasons set forth in the report of the Com- , that Joseph Hiss, a meaber trom the pelled trom this House. on the Pay Koll be in- id Joneph Hiss to wnd in- jay in ‘of Foxooro’, moved that Mr. Hiss be alowed to appear at the bar of this House, by his coun- sel, and plead his detence. ‘A motion to go into Committee of the Whole for the considerat of the subject of the resolutions, and a motion to assign to morrow at 10 o'clock for the hear- ing, Was withdrawn. , Hiss rose and stated that it was impossible tl bis counsel could be ready before 10 o'ctock to morrow. The diecursion on assignment was so noisy that we could make nothing out of it. The whole of the mem- bers spoke at once. Finally the motion to allow Mr. Hiss a hearing through counsel was carried. Mr. #ames of Malden, moved that the consideration of the recolves expelling Mr Hiss, be specially assigned for to-morrow at 10 o'¢lock A qaotion to subs wes mato, which elici mittee, Just age pt: city of ioston, be, and ts here! Kesolved, That the Committ fe 7 o'clock to-morrow evening 4 en indigoant speech from Mr. FRIDAY, MAY ll, 1855. m St Reston, on the impropriety of doings things in 5 A motion te adjourn until 7 o’clock this evening was debated and rejected. juestion time to hear Mr Hiss’s The qi of fatehin e defence came up, ier uch talk, . Bae of inst doing uj Boston, made very at speech things in the dark. The men of this Logislatare, he ssid, were such as were willing to show themselves and their deeds in daylight. He was interrupted by an inquiry as to what time would best suit Mr. Hiss, when that individual ans werei, “ony night after this, or to-morrow morning at tea o'clock. Mr. Kiwpatt of Salem, moved to lay the motion to as- sigp, and the one relative to the time to which the ose should adjourn, on tbe table, which motion pre- vailed, ‘The House then agreed to take up the Hiss aubject to- pee onng at 7 o’clock, andat 6 o'clock it ad- journed, City Intelligence. Fonerat or 4 New Yor« Figs“an.—Pursuant to an- nouncement, the obsequies of Antonio Csracciolio, a member of Engine Company No. 15, who lost his life while in discharge of his duty last Monday afternoon, took place yesterday afternoon at 3 o'clock, from hia late residence, corner of Canal and Sullivan strests. t appears the deceased, while om the rope running to the fire in Water street, was struck by a furniture cart, when he fell, and before he could recover his feet, the wheels yan over his body, causing such internal injuries that he died soon after. Out of respect to the memory of their late associate, the firemen turaei oat in great numbers. The members of Engines Nos. 14 and 16, also he exempt firemen and delegations trom other com- ies in the department, were present, dressed ia citizens’ clothes, with white gioves and crape on the left arm. After the performance of the religious rites by the Rev. Mr Orchard, the coffin was borne to the street, and there ‘uncovered while the members of the fire department and friends of the deceased filed past to have a last look of his features. Waile this wes going on, it was with the utmost difficult, the police officers could keep back the crowd, the greatest eagerness being manifested to see the countenance of the dead man—even women crowJed forward to gratify an unseemly curiosity. The coffin was of rorewood, and bore the following inscription :— 090000008000 08099000000009 0 e ANTONIO CARACCIOLI, a Ps Died May 8, 1855, i 5 Aged 33 years, 9 months and 5 days. be \"o00000000000000000000000009 ‘The funeral cortege took its line of march in the fol- lowing order—Chiec Engineer A. E. Carson acting as Grand Marshal, assisted by Councilman Barney and the Assistant Engineers, as aida:— The heurse, drawn by four white horses, handsomely caparisoned with mourning emblems. embers of Engine Company No. 16. Members of Eagine Company No 14. Hose Company Nu, 54, with the bannor of the depart- ment. txempt Company, bearing a banner. Detegations [rom other companies. Friend . of deceased and citizens. Cerriages, &c. ‘The fire alarm bells were tolling while the prooession was moving ; snd as there was n> music, the effect upon the crowd, a3 the men stalked silently forward, was cr n and effective, The body was taken to Greenwood, and there buried with becoming ceremonies. MORTALITY AND ILLNESS AMONG NoTaBLe PERSONS.— There appears to be no little sickness just mow among our eminent citizens. We learn with regret that Gen. Anthony Lamb (of this city), President of the State fociety of the Cincinnati, now far advanced in life, is dupgerously ill of disease that may at any moment take him off. John C. Spencer, of Albany, wo has at- tracted no little attention in his time, professionally and politically, ia, itis said, suflering severely trom a dis ease brought on by incessant and injudicious study. Mr. Roswell L Colt, of Paterson, N. J., well keowmin the commercial circles as anenterprising merchant, was on Tuesday last seized with a paralytic shock, from which the most fatal consequences are predicted. ANNIVERSARY OF THE COLUMBIAN PHILOMATHEAN UNION. — This associetion, one of the oldest and best literary societies in the city, held {ts usual yearly meeting, at the corner of Bleecker an1 Downing streets, on Wednes- day evening last. The exercises consisted of essays, ad- dresses, recitations, and a poem written by R. J. Whit- house, entitled “Balaklava,” a very creditable produc- tion, by the way. The rag A the ‘‘Pleasuras of Thougot and Sensibility.” by Mr. P. Eager, and tne closing ad- dress, by Mr. Q Me. were very cxcellent in their way, and merited the applause they received. The otner speakers were Mesrrs. Cleveland, Moore, Smith and Kitchen. The audience separatea at a late hour, mach pleased with their entertainment. Tux Recent Coup Storu—Look Ovr ror Tax Faurr Trxxs.—We understand that the temperature fell on Wednesday night last to 30 deg Fahrenheit, and conse- quently the water froze in many places. It is feared the effect of this unexpected ‘ cold snap’’ will be most inju- rious to the fruit trees, many of which were covered with blessoms; and the peach trees, the most delicate of them ail, doubtless will suffer the most. The ponds and pools of water in Westshester county and oo Long Island ‘were covered over with ice, and the owners of orchards in the vicinity of the city express great apprehension as to the effect of the frost on the fruit bearing surubbery and trees. Yesterday spring again resumed its sway, and the day wae bright, pleasant and suany. There was a difference of at least 25 deg. between tne temoera- ture of Wednesday night and Thursday nooa. These rapid changes have Do doubt much to do with the pal- monary diseases so prevalent in this community. Ris to be expectec thet the lingering winter wil no longer chill the lap of May, and that we may now Isy aside our overcoats and winter garments with impunity. Fire 1x Ross Sraxer.—Shortly before 11 o'clock last night, a fire was discovered in the whalebone factory of Solomon & Smith, No 40 Rose street. There was con- siderable smcke in the building, and for some time the firemen were puzzled as to the wherabouts of the fire. It was finally found in a cellar fronting on Duane street, amongst some rotten whalebone, &c., and very soon ex- tinguished. The firm cannot account for the origin of the fire, They are insured, but to wbat amount we could not learn, The damags done will probably amount to about $25 ACCIDENT TO A FIREMAN.—OUn going to the fire in Rose street, last night, Mr. Dowden, member of Engine No. 6, ‘was knocked down at the corner of William aad Duane over both legs, injuring him le was taken to the New York 8 seriously, if not fatell Bospital by his trien Tax Late Hatcaway Accipent 1x WALKeR Srexer— Axorme Victist,—John Sharp, the surviving sufferer by the late hoisting accicent in Walker street. expired yes- tercay, from the effects of the injuries receiv: Sam’s Attachment for the Chief of Police. COMMON PLEAS—IN CHAMBERS, Before Hon. Judge Daly. May 10.—In the matter of Geo. W. Matsell, Wm. McKellar and others.—The motion for an attachment against the Chief of Police, his principal clerk and other witnesses who refused to answer certain questions be- fore the Briggs’ Police Committee of the Board of Alder- men, was set down for this day. Mr. Burchardt, associated with Mr. Brady, said the respondents in this case are ready to proceed. Mr. Powers, on the part of Alderman Sam Briggs, mo- ved for an adjournment, in consequence of the abseace of Mr. Noyes, who is to act as leading counsel for the Committee of Inquiry. Mr. Noyes is at present at New Haven, and Mr. Powers suggested that the matter be adjourned to next week. ir, Burehardt—We must object to such a long ad- journment as that. Mr. Brady has an engagement on Saturday, and he cannot attend then. The Court—Is there any objection to putting it down for Monday? Mr. it—This objection: that the respondents are anxious to have the matter disposed of as speedily as idle. ‘The ‘Court decided that as Mr. Noyes was now on- gaged, and Mr. Brady will be ‘on Saturday, the case should stend over to Monday next, at 11 o’cluck. The Turf. CENTREVILLE COURSE, L. I-—-TROTTING. ‘Yesterday was a day of disappointment to those who went out to the Centreville Course, to witness the race between bi. m. Stella and b. g. Whalebone, for $2,000, Afver all the usual preparations for a race, appointing of judges, &c., &c., the horses appeared on the track in charge of their respective drivers, Hiram Woodruff be- hind Stella, and George Spicer with Whalebone—the detting being quite brisk on Stells at 100 to 60—and scoring several times, the owner of Whalebone said that he would pay torfeit, which ended the affair. He, how- ever, offered to trot for a hundred or two to appoase the people, but the offer was not accepted, and there was Ro race. Tuvrapay, May 10.—Trotting ‘match, $2,000, mile heate, best three in five, in harness. H. Woodruif named biack mare Stella, reo’d forfeit. Col. Joseph Hall named b. g. Whalebone.. .paid forfeit, ‘Where Are the Pilots? {0 THE BLITOR OF THE HERALD. Complaints are otten made by passengers in the Southern steamer ally those from i i dy Hook for the want of a pilot, journal, to iatorm the publ It is because they pass the boats ore, if the weather is good, in order to oe boarde one partioular boat at the Hook; and it often happens the 1# not there, As one instance, out of many, the would mention that he spoke, on the 2d ii Etar of the West, and the capi rk I beg, further, to'state what [ consider an act of inj ‘These steamers are piloted to sen by the pil ached to alluded to boat, no matter by what oth y be krought in. We are oblige — $50, which fo one om ely whether fa 'd it seems far to hard, ing ily do, to be refused, because we Are off ours, OT epee SANDY HOOK PILOT. nd Cuadbiith oifcalty. TO TRE EDITOR OF THE HERALD, ‘weil asto myself, I wish to ir- have been to Ju a columns, that I of tke J of bastardy preferred acainst me by discharged. Were it not for asf have the THE LIQUOR QUESTION. Masswshasetts Stato “0 Conventiin, “NEW Yost. SPERC® OF GOVERNOR OLAKS, OF » ‘tion, the During te evening session of the comven, sacunee 8th inst., Gov. CLaRx, of New York, was intr sation although in fevtle health, addressed the comp 2108 as tollows:— Mr. rResipest:—It was mot my purpose ia 9 ming bere to undertase to entertain you with a speech: ‘4 efforts and Jabore in the temperance cause have ba’? in otber departments than speech meting. Havioy re ceived from your State Temperance tee @ vory polite aud preseing invitation, I concluded, if my ence here on this occasion would be of any service to the great cause of temperance, I woald attend, although quite out of health. Nor did 1 come here for the par- se, nor with any idea, of instructing you on the sub- ject of a prohibitory law. You have had more experi- ‘ence on that question tban we have in New York. Not until now were the people of our State forced from the old system of granting licenses to sell intoxicatiag liquors, to be used as a beverage. Oa this very day has that iniquitous system finally, in every part of our State, come to an end But not until the Fourth of July—that day comm*»mora- tive of another great event—shall we come into the fuil fruition of that beneficent law. On this ques- tion of temperance and prohibition mea of all parties, and from all sections, can agree. The subject and its difftculties are, I su; the same here as in my owa ano other States. 18 from interested parties about the unconstitutionslity of legisiative probi ition ot the liquor traffic will be tierce or faint, not accordiag to the conflict or harmony of such laws ith the con- stitution, out accoraing to their eflicie: or inefiicieacy in restraining and ultimately supprassing tne traffic. The real objection of our opponents, however they may disguise © & mass of verbiage, ie not to the mans by which we seek to accomplish the end, but to that end iteelf, Tne processes of law which will give most ob to the prohibitory principle, are the principles which, in the interpretation of these men, conflict with the con. stitution. Other processes might'violate every provision of our funcamental laws, and yet being ifiicent, would call forth uo hostility, and scarcely a protest trom those guardians of the constitution. The tuiag done, and not the means ¢oing it, I repeat, coustitutes the real ground of objection and calls forth the most active ana virulent hostility to our prohibitory iaws. per the past has dstermined anythis it it is safe to infer that effects which through the whole period of human history have followed cer- ta'n causes, are consequent upon, and will continue to foliow thore causes, then is it a demonstrated fact that between civil government as an ordination toa aia end,and the liquor trafficas productive of certain results, there is am inevitabie an! im—fatal to the integrity of one or the other. Itis the province of goverament ‘to suppress crime—the liquor traffic promotes crime. It is the province of goverament to conserve the pablic peace and aafets—the liquor traffle imperils and not ua frequently destroys the public peace and safety. It is the province of government to prevent the citicon from so usipg his property as to epdanger health, destroy life, or injure the property of others—and on this priu- ciple is predicated all our laws in relation to nuisances, not to give other illustrations. The liquor trafic ancri- fices the real interests of the many to the supposed in- terests of the few—and worae than this, invoives the wanton sacrifice of thousands of human lives, ani a wice epread demoralization of the liviag, more to be de- precated than death itself. Ia ore word, every interest which governm:nt was established to protect, the liquor traffic assails, and tends to destroy. The question of prohibition, therefore, is simply this:— Shall government honestly endeavor to attain the end for which it was ordaimea? The question of the consti- tutionality of prohibition becomes tbis:—Ia the civil power competent to use the means requisite to the at- tawwment of that end? Both of these que: be pres: the liquor traffic, best accords with the primary idea of government, and is therefore most in ha:mony with the intention and manning, of ita fundamental law. This, it seems to me, is not only the philosophical, but the com- mon sense view of the subject; needing no fine spun legal rophistries to sustain it, and impregnable to all their assaults. ‘There ,is not law upon the statute books of our several States for the protection of health, property, life or morals, that does not rest u) and de- rive its authority from’ this princij If, therefore, it is unconstitutional to suppress a traffic whose an- tagonism to all rightful ioterests has been demonstrated by the experience of centuries, it is equally so to inter- fere with minor evils affecting lesa vital interests, and neither +0 far reaching nor so comprehensive in their re- sults. Prohibition thus placed upon an impregaable principle, the details of the lsgislation designed to carry it into effect, however imperfect they may be, cannot: vitiate the principal itself. Mistakes have ua- doubtedly been, and may still be, committed by the friends of the law, but those will be rectified by time andexperionce. With » purpose that commends itself to the philanthropic and the good everywhere, and in the use of instramentulities which harmonize with that purpose, the friends of temperance an? prohibition have only to persevere in their work according to the wisdom, the arses and tbe zeal vouchsafed to them; and in ¢iminished wretchedness and crime, in increased com. fort and prosperity, in thronged schools and crowded churches, and in many other ways, shall ef be paid a buad¢rei fold, for when man lebors unseldshly for his fellow man, he becomes a missionary of the Lord. Provi- deuce crowns bis work with success, and gives to the laborer himeelf rich recompense for all his toil Mr. President, I trust that Massachusetts and New York, which are now both about to commence a new era in the great teraperance movement, will stand firm in the sup- port and maintenance of their respective laws; and that whatever alterations or amendments it’ may be found necessary hereafter to make, that they may never be repealed. SELLING LIQUOR WITHOUT LICENSE. Within the past few days a large number of arrests have been made in the upper wards, for selling liquor without license. Yesterday James Daly, Ernest ©. Stepenhajun, William Frieker, Charles McChestney, Christopher Tracy, Wiliam O'Donnell, Henry 0, Smith, John Thorne, Harman Deirson, John A. Abensetn, Henry Ramna, John H. Fiemsyer, and Diedricx Fiok, were brought before Justice Brennan, at the Second Dis- trict Police Court, and held to bail in the sum of $30 each to answer the charge of having sold liquor in their establishments without license. MARITIME INTELLIGENCE. SEW YORK—THIS DAY, 49 | moon Rises. 5) mem ware! Port of New York, May 10, 1855. morn. 2 40 ve. 4 55 Bark Leo Went, Hayana, Aguizre & Galway ats H Gamble, Poweli, St Marks, Smaliwood, Ander: n & Co Brig Herald, Delano, Now Bod ord, Crosby. Crocker & Co. ohr King Bird, Weeks, Gibraltar, IB Gager & Co. Schr LK Snow, Baracoa, Wadleigh & Knox. Sohr Nonpariel (Br), Gilliott. Cornwallis, NS, DR DeWolf. Sohr Alico, Howell, Baltimore, Mailer d Sobr Mary ‘Ann , Irelan, Philadelphia, JT Johnson Schr Wolcott, liatlett, Bor nm. Dayton & Sprague, Schr Copy, [ed ton, James Hand. Sobr Jane, Hi eer bam, master Sloop Washingt New London, master. hiladelphia, Sandford’s line. ED. Richmond, &o, to Ludlam Ko} ‘Thareday, at 6 ue, Ps ‘ip James L Bogert Thurs- "clock, off Cazo May. Ship atner, London, and Portsmouth 24 days, with mdee and 220 Passengers, BEM 23. int ip forgen. April 2 “6 yy 30 30, passed james L Bogert, bound W; 271 Jat 45 59, lon ‘So 4 it ip Pi P in topgallant foreyard, and ‘Jibboom, ad a pilot ou board five days. $ 8, Coffin Havre, April 18, with mdso ‘Wm Whitlock Schr Compromise, Steph Schr Samuel Hall, Ci Schr Esther Eliz king, Eastport. Behr Henry Alfred, Carter, Millbridgs. BELOW. Ship Gottenderg, from Hambarg; Australis, Progress, and L Bogart, verpool, re in thie morning's edition as below, wore not in sight this evening. Liv BAILED, ool; New York, Havre; Gold Lng id Albion, Ei San Francis bares Maraval, badoos; Candace, Wind during thi Kr grey Marine oq syd NEW ORLEANS, May 9—Arr ships Troy, and Oriental, Boston. NY ph, Baner, Bi d'steamer M Sandford, Sandfo ‘ork; brige Lady of the Lake, Cottsell; J ickerson, Nickerson, and irene, Wass, Boston; sohrs Adrian, Mallets, Fall Kiver; Leo, Mayo ‘Nick Medway Bello ( stor MM Free Boston; ¢ ax;' Almira, Gandy, Providence; Almira, Torry, Portsmouth, NH. Disasters. Sreaususe Asta, at Boston, roports baving seen Sth ixet, off Cape Sable, a wreck and two schooners near Suir Lavine Ack (of Boston), Holmes, from Shangh BE eeeTS Teh orton, hed Sor 600 incuranc be 10 omrKo, $11,000 of roinsn: poR, at Boston from 'v Bangor, Wi 11 o’e10ck mors inet, © f 9th ‘to leeward, havi boat diag wel and Throwing over deck load of wood orlumber | Her Supposed ‘As near as conld be made out. on Scitaate Beach. The wind blowing oe. sé ston from Frankfort, reports pe ADD, cBrried away tore d t being over the co: floor, when she ¥ the steamer General Kaox, from she would 01 heavy, could render no asi eprung sienk, pas fallen 1h Bangor, and towed to this city will ‘Tux Hore, Ryan, which arrived oth from New York, w in int 42 N, Queenstown on the the 23th March, Miry articles ovor- DVANOR Lecraw, from Mobile for 2 April, m lat 50.N, loa ¥ W, with botn &néd maiaboom sod foremast head sprung, fiton, Baker, from Galveston for imrre. Revnolds at Boston kth from Balti ‘and Nashus, bi BARK GEORGIA SA more, lost m ain toomast on the passa from Philadelphia, with Joas of foretop a Bare Witronp, Fisher, MY Eastport, Mo, from New York N bound to St Joho of st Joon the let of May, duiing abeavy SE blo, struck on the Northern head, bus limo’ after, ana filled to the dock almost ame of w short fmmediatey. Strange to say th ugh having some %0 obla bens shang etn, oh ttt, tree Scur Ontario, NC, 28th ult, schr Laura E Jobneton, at ancher, bor bottom and damaged cargo. Scum Mapap Puatr. Whitehurst, from Boston, at New- bern. NC, 2d inst, with lime, after arriving at the wharf was produced by the slacking of the lime. found to'be on Scuttled and sunk. Spenen. how 4 Portland, Brazier, from Loudon (Feb 15) for Caloutta by) ®, off Rio Jai ire. x BF. Nard, from NYork (April 3) fer Hong oi LS taka i © trem tar a Balokiava, Apniuct Int 02, Ton We re . ut0, from Balthuore for Apsiachicols, Apeil 3, Porter, from Mobile fur Liverpool, Apt from NY¥ovk for Havans all well, Aprit Bri PM, tet a 502. ike Telography of Philadelphisi. bound %, Sd inat, Wb 36 ee Insees ton), Mass. sont Attakapas for Now se (of Dight eee eae Condition, April om Cape Floride, Foreign Pirts. Axtwerr—Sld & Rochanbang, Gilchrist, New: . Inport 2 Pike, for’ Bostem ¥}, Phito a wert, for do By 10, & B Sumner, Golding, for NOrieans; Win P Scbinié#, Soars, and Mblew Ke Cooper, Colburn, for NYork. edbigant—in port Apeil 9 ahip Kquity- Noyes, for Gadts, lead salt for Boston. ‘ANDRossan—In port April 27 Br bark Jane Lovith, fer Boston; Cecilia, for do; Br briz J G-Hall, Providence. Bautio PoRT—Arr April 15 Samuel’ Appleton, Doane, Boston Burw rr April 18 Jacoh B Grosse, Galveston; Albews, ané Wilhelmine, from Baltimore BREMERMAVEN—Sid April 17 Woser Galveston; 234, Bremen, and H Von Gagern, New Orleans; Minorva, Bali more; Union, Helene, and aan, N BRieiie—Sid April 23 J M Hicks. Latham, Noweastle. Bonpraux Roaps— Sid Aprit 18 Edw Everote, Genby, ve 0. Orleans; Zist ni |. Lavender, for N York; Milton, Mitchell, for rot Eames, for New Orleans; Bi Hingham, NOrleans; 2ist, Hannah Crooker, Murray Care CLeaR—Of ApHl 19 Crocus, Hooper, from Carde- nas via Wilmineten, NC, for Cork and orders. Capiz—Sid April 15 Br brig Golden Grove, Irving, Bes- , Havre, to load eN—SId A 17 Ode A 18th, Humboldt, and Jobn Hermann, do; Mile: vi CoNsTANTINOPLE—In port April 16 barks Rapid, Pike, from Kio vaneiro vis Malta, arr 12th; Nautilu: do via do, arr about 16th. Sle 4th bark Vo Smyrna to finish loading for Boston. —Off April 25 Bremen, ot and from Bromon for New" April 21 Henry Buck, Pendleton, from Cardenas tor Glasgow. Off 27th, Quickstep; Lambert, from. NYork for London. Passed by 'zjth, Joroph Jones, Hoe- mor, from NOrleans for Havre, Fivsiine—Sld April 18 Leopold I, NYork; Massachu- E; 224, Courant, Gray. Knowles, Newcastle, EB; et April 21 ship ‘Chariemsgne, Vatos, srom NOrleans arr 18ta, disg, would proceed to Trapani and load for UStates. Giascow—In port April 27 ships Callender, Dios m for ‘Jasper, (Br) Kerr, tor San Francisco; Br barks Ban ith for do; Eventide, for Boston. Sid April 26 on. il 16 bark Turk, Small, uno; brig ‘Oceon Star, Morrill, (from Iviow ‘and all the others bound W, Gxxoa—Arr April 18 Charlemagne, Yates, Now Orleans; 19th, Giovanni Battiste, co, avnE—Arr April 3¢_Wurtemburg, Wilner, NOrloans; Havre, Baxter, NYork. Sld 19th, F Marcy Hickey, St Ubed and Univ states. Gilchrist. for NYork; Hedelberg, Williams, Switzertand, kK, do; Henry Harbeck, Trae, Zenodis, Drummond, ‘do; John Hancock, Ford, d or a jo; Se Py a) Bion, (8) ‘de; ‘Therése, Lunt, do; Colehis, Douglass, for Ni utten= berg, Weeks, do; Baden, i HELvorr—In port April Yoru, roady, nORG RONC—Sd prev to March 14 ship N B Palmer, Ma- 1m to load for N York. ‘Havana—Sld april 27 bark Martha Anna, Babeook, N ‘ork. Hawnron, Bermuda—Sld April 23 schr Sarah Burton, Kelly, Cuba; Lady of the Lak P(x) Baltimore; 25th, brig AB Van Olinda, Babrs, Port! ‘Hannon Gn ace—Arr April 29 sohr Leader, Lovache, Bal- timore. Harivax—Arr May 4schrs Magnet, Maxwell, New York; Jesbella Maria, Cunpingham, do; 6th, brig Reindeer, Cur~ tis. do. Cld 4th sobr Mariner, Kenney, Philadelpb: ‘In the Clydé, ldg, Eventide, Partridge, for Bostoa; Jas, ngalore for Sun Francisco, venroor—Arr Aprill? Enterprise. Lisyd, Matanzas; 22.3 U Nickels Nickelt, Cardenas via Falmouth, ‘Sid April 28 Inez, Graves, Calontta; 24th S Gilderste Brown, ‘rieste; 2th Wintlela Scott, MoLellan, Trieste WH Wharton, Belle ‘Stewart, Galvestor Great Tesmania, (lati Falmouth, #, to tak Perkin gswansen, to ter, Lewis, to load for Malta, the river outward bound, Straylight, Bradford, for Rie Bento atrios); Aretie, Zereye, intd for ork, ‘at do April 20 Juan Fernani ; ‘Adams, Drummond, Trieste Sav Francisco; Crest of the Wave, Col ‘Robinson, Robinson, NYork; 21it, Chas A’ Farwell, Crvcl Me alta; Geo E 284, Shamrock, Doane, avd Cambri { ubuh, Hemisphere, Harris, Constanti- ‘8a 9: Bich, Bosphorus, Pon. uy liwood Waiter, Maloney, N Charleston. A , de 20th; Chariot of Sure; James do with despatch; B Dreadnovghi Wm Rathbo: cel sic} wood Walter, Maloney, do 15th; Loudon, Isaaa, Wright, Abed; Guy Manuering, Freeman, and Monarch of the ‘Seas, Graham, do with despaton; Fauny Motioary. ‘Smith, Philadelphia lst; Wy comin Dunlevy. do 12th; e ‘Crest of 0 Wave, Colley, and eileran, do h; Muscongus, Carter a timore soon; Dunton, fur Savannab soon; wepnaests Eliott, for lst; Ella A Clark, Koppechold:, do Sth; lows, Norle Petter, and Martin Luther, Nichols, do with despatch; Don- ald McKay, Warner, tor Melbourne J. une 5, Loxpox—-Cld_ April 25 Volant, Whiting, Rio Sanoiro; 26th, Arkansas Otis, Shields and Porcsmouth, US (supposed NH) 2th, Ashburton, bradish NYork. rt ith, Corusijus Grinnell, Fletcher, for NYork 34 inst; Northumberland, Spencer, tor do 10th: Voogn Queon, eer, for do 17th; GB Mahew, ford», Mg; Jane 4 wm, Love Teasos, for 4 Lamai for Philadelphia, do; Goo Lar San Francisoo, do; rent barn ready, under charter by the Frene! to the Crimea, ‘Limmmiox—Arr April 21 Petrol, Avery, Cardenas via Fat- mout e B an sla tut hele Maida. (Br), Coombe, Bostons jose of Hy Pett'Paree Lucinda Sears, Husurd, do; 13th, Danlel, Whol: Oe ee eer ap acip artisgion, Ryan, tes Manson. Bit abt ip A118 barks Emily, Lotand, Pale. , 17th 5 ork. "Monravipno-—att Feb if sehr Garland, Thurlow, New- bury port, (Dee 9) and #14 19th for Sun Prandisco. i Ntwromt—arr April 22 Bliss Warwick, vice, London, i re. punweastins Bain port April 26 Br brig Puschis, for ‘Parenmo—tn fort April 19 barks Racchorse, Searles; trom Malta to loud for Boston; Vesta, Koseiter, and Flo Fenco, Mitebell, for NYork, Seiehee (Be), for do; brig Michel i ing, do; 12th, Mimos 05 Tith, brig: Landscape (fr). Richards, "Nyork; 10th, bark Martha Allen, Smith, Boston; brig Anns (Sic) NYork; 17th, bark Mary H'Vose, Crowell, Boston; sche Challe » do. sQuEENsTows—Arr April 20 Welkin,] Glover, Cardenas (and rid 24th for ih ond hawks. #tenabonts. tet om Be Poth, ior. the Crimes; Tidal Wave, White, Baltiwuere, {and eld Sith Yor Charleston); arthur Leary, Ons te ar 2 April 26 Dolfyn, Dobenzs, trom Savannah "Sgt ot Apel 19 John E Thayer, Sampson,from Boston eee eet 'ama’ Meh, Wulvaa, Winks 10) Mon don ase April 20 Pennsylvania, Guerello, Phils- eText —Sld April 28 Monterey. Purington, for port ia England. tn port April 2Lechr Mary Caroline, Wooling- , Wie. eae ee NCAT Apri Bi Alexandrine, Cooper, Liverpool. io de Janeiro. BOSTON—Art May 9 steamship peo! 28th alt vi Halifax 7th inet, Asia (Br), Lott, Liver- 1145 PM. atr at AM, bark Jane Tudor (Br), A it; brig Porsuit te ays; Der wi eos # Matthows, Baltimore; lina Matide, Wells, Philad jelphia, C Groton.’ Weber, Philadelphia; A\ Philadelphia; ccbrs Perry (Br), St George, avg, Rogers. ‘NOtlesns; ‘Marcia Tribou, Sid— Wind NE breeze with « steamship Afri % Vit Helen Maria ni low. CHARLE! 7 steamships Nashville, 7 NYork b1ig hour: Quaker vids’ iedon: Pitindetpbin chip Hb Talbot, Norton, Savannah. Cid gehr Catherine John- son, Cranmer, NYork. Sid schr Col Satterly, Stetson, N” York. NEW. ORLEANS—Art May 3 sbips Tou Y ; Brendywine, M Calon, Davi de) alarms, vis ‘aneatiae ‘wa Gibraltar, | Cld st a Montezuma, (Br) Perkins, Hizcius, Bosto brik Gilebri: wi ULR—Are May S 6 Cid ship Gibraltar, Disosway, antiraa. To Hampton leo, with guano guano for ord ce tk Jobn Cankio, Hows, from Cat. & sehe Moteor, from Calla», wim OM