The New York Herald Newspaper, May 26, 1855, Page 3

| THE LIQUOR QUESTION. The Trial of a Liquor Denlor. THIRD DISTRICT COURT. Before Justice Meech ‘The trial of Robert Walker, for selling liqaer between the first and Gfth of Mey, took place on Wedecsday last. ‘The court room was crowded, and as this is the firet care of alleged violation ef the license law siace ths psiaage of the Prohibivory Liquor law im April last, the greatest interest was manifested during the progress of the trial. Mr. Theodore E. Tom!inson appeared as counsel for the defendant, and Mr. Joho B. Haskins for the prosecution. ‘The case had been adjourned ssveral times; and in reply to aquection of Mr. Tomlinson as to what position it was im at present, the prosecuting counsel spote as fol- Jows :— For the purpose of informing the counsel of the pre- aent condition of this case, I call upon your Hones to inform him of the proceedings heretofore had, and the evidence produced before you in the case of Walzer. Mr. —I suppose I came here for the purposs of eying, not f the purpose of arguing « case. ‘Corporation Attorney tat witnesses would be protuces stand for the purpose of proving the offence ‘The Judge—I have no voice in the matt+r—yeu are entirely at the sy o! the Corporation Attorney, Mr. jkins—I don’t desire thi itlemen to be placed atmy mercy. I supposed the witness would h: the stand by him. I ahould be sorry ou the side introduced any objec- my mode of ing in the case. itis my t the defendent should have every opportunity BD rs this case fairly for discassioa and cecision fore Sis Cras 5d do not want to exclude the testi- . Walker was here called, J —Well, now, let him tell bis own story, inson—He has no story to tell. It isa most extraordinary proceeding to call upon a person to give evidence im an offence with which hes charged. I Dave no doubt he sold liquor myself; and I suppose ‘there is little question as to the tact, but 1 have a right te know the source and origin of this offence. The Judge—This case has been adjourned for two months; do you demand teatimony now! Mr. Toml:mron—Most assuredly Ido. If your Honor choses to impose a penalty we will pay it, and have a real trial afterwards—a trial according to law. I don’t desire to embarrass the Corporation Attorney in this matter, but I desire to haveatrial As I understar ‘the sul this is rather an experiment, for the pu: a! getting at your Honcr’s opiaion, but Fist also of come other tribunal; amd I would ask the Corperation Attorney what peoulty he claims in this case, and under what count? Toere are two counts, one under the statute, claiming peaalty of twenty-five dol Jars, and the other under the ordinance of the city, elat & penalty of ten dollars, The Jucge—He claims it under one or the other of those counts, probably under both. Mr. Syst ante Ae please your Honor, I have only read the complaint morniag. It has veen locked uj witbim the archives of this Court, and of course I could Bot have seen it. I now call upon the Corporation At- torney to elect upon which count he will sxek the rece- very; and I submit that the Ju‘ge canno; dance from one count to the other, seeking twenty-five dollars for one offence, end if that is not given asking ten dollars for the same. Mr, Haskins—The case was adjourned to entisfy your Honor whether aay penis had accrued to the piain- tiffs. The complaint was put in oa the return day of the summons, and if the gentieman has mot seen it, his error is the result of bad nabi‘e in not properly’ pre- paring for the trial. I have brought this caee on for the of coing away with the necessity of trying a umber af others, which are depenieat upon the result of this. I have given every posible indulgence te the counss! to prepare his defence and I now say that it is my intention to recover under both counts. I claim that the defendant has violated the ordisaace of this city, whereby a pevalty accrues to the plaintiff of $10; and I claim also that imposed by the State law, pe 3 it to the Court to decide which count I shall re- ceive judgment under. Mr. Tomlinson—I supposed we came here not to & corporation orcimance, but the validity of the law tt self, I did’nt come here for the purpose of discussing a mere ordinance, but if hs iasisss upom recovery under Roth I wish your Honor to place it upon the record, The Judge—It strikes me that Judge Morris heli that the corporation ordinance was invalid. Mr. Tomlinson—Not that I recollect; but my impres- sion is that it is invalid; that you cannot recover under both for the sams offence Be might as weil strike out ‘that uncer the corporation and cla m $100 for the of- tence committed four times Mr. Baskins—I will tase judgment in thi Court decide that yea right take judgment for Wenty-five dollars. Mr. Tomlinson—As the learned counsel for the Cor- poration hes the opportunity ot replying, I should be Pleased to bea: ggestions he may make, or law he Bay produce, im the validity of this act. It is but fair that I should have this priilege. I don’tknow what line of argiment he may adopt, and it would shorten the proceedings uf be would indicate to mo what be intends to produce, or present me with some of his proporitions. Your Honor well knows that the District Attorney of the city and the Resorder have de-. clared this Jaw imoperative, and we now appear before what may be corsicered a subordinate tribunsl and a subordinate procecuting cfiicer. I am here to try a juesiion thst has already been determined, and it the Corporation Attorney would show me that it has pot been decided, I may submit to the conolus ous he may arrive at, and may not occupy the time of the ccurt with avy erguments. Mr. Haskins—I came here to io this case asl ry of making the Grat argu se; if the one penalty, I will ipon the defenda: counsel, and I Bave a right to the concluding argument. en ‘vadge—There is no dount as to the regular course jure. . Tomlinson—This is simply an argument If I -opem the ceze, Ihave the opportunity of replying. It is precisely the same as any other argument before a co} The Judgs—You may each reply. Mr. Tomlinson to Mr’ Hassine—Well, will you let me know if you had any Jaw on the case? You appear to have « whole pile of 1t th's morning. Mr. Hashice, (laugbing)—Never you mind that. I juat want you to go on and argue this case justas you would avy otber. ARGUMENT FOR THE DEFENCE. Mr. Tomlinson—The Corporation Attorney, om a for- ‘mer occasion, announces that this trial was an experi- ment; and without implying any disrespect to this tri- Dunal, he acemed to loox to the decision of some other 40 satisfy the public mind. He anticipated that what ‘ever result or conclusion your Honor might arrive at, that it, in iteelf, would not be eatisfactory. ie you de: in the begioning that he stout <ppiy for ite reversal the mn t he shouli apply for its reversal and be ‘seemed to. assume that we had. eo litts eonfidesce in the judgment of this tribunal, or, to use @ more proper expression, we would have #0 much doubt in relation to the correctness of your Honor's decision that we should appeal from it to ano- ‘ther tribunal. The counsel may expect that to be the fact, but we have notso announced it. Ih question has deepiy agitated the public mind for » long time; it pombeadoron sen ne of eminent Nghe! who have interested parties to give expression to their Spices tent with far more nt comes the de- eision of our criminal tridunal and our distinguished ‘prosecuting officer, for without :mpugming the honor or integrity of the profession to which we belesg, we must confess that we are apt to incline to the interests and policy of our clients jat with the District Attor- ner and rder it is cifferent—their decision comes with great force, and falls with great weight upon any tribunal. There questions baving been so thoroughly discussed, it would almost seem idle to about the quesdons of law involved in ial. It ‘would be fair, however, to assume that y: formed an opinion yourself upon the questions sue, and that your judgment will merely be theexpression of ‘that op‘nion. blie ceioa, IT am sorry to say as an Americaa citizen—pubdlic opinion, tor the reason that all our officers are elsetive, affects the honest judg- ment of the hy in office, our judiciary even not being safe from its influence. I tremble to see the gar- 8 of our judiciary soiled by it. Poiat me toa jadge who lives Witbia s district where the liquor interest 1s at and powerfal, and I would watch with the closest ‘3 tiny Ih coved ichon nied OS Sega & district where perance cause an powerful and I will also watch his ¢ecision with the elosest scrutiny. It springs from oar very natare—from the desire of the American to court popular favor. How rare is it to & man who can of this influence? how seldum do you flad a who has integrity enough to oppose that which he believes to be wrong with the firmpgs¢ of a0 indomitable Jackson, or aa Ge 1 was connected to-day—yoa, bet & moment since—with a scene,not im overt. Wrbat aid it spring from? Th sprang out of the excitement and conflict in relation to this question. A ee whose motives [do not dispute—they 7 called the ex of te il He Hs & 3s i Cs definition of law. Now the ramce people, er rather the advocate of the Maine law, seek to accomplish their reform by law—by izea force. It does not follow thas a bane are anne wich memlip~ajeeen: enforce or it mi ° morals; Mt idten nen iste nee I This brings us to the discussion of the question before your to honor— whether there is law now im force ‘® penalty for the sale of aver without nce oy that have been made by learned jurists, reat devastation this question we have to Honor must assame it to be 5 learned Judge bas written to the contrary, that the sale or traffic in ardent spirits, at common lew, ia allowable, The idea that it was “a muieance” is erronsot your Hovor will perceive the absurdity involved posing that ® nuisance could be licensed. I know that ip one opinion it was held that the sale cou'd bs de- stroyed as a nuisance; but if you come to the conclusion that the traffic in ardemtapirits was a legal trafic, in the absence of all statutory enactments, and the license was @ mere lation of @ trafiic im existence, yoar Honor will perceive that the license law was m ido aise. ly with a view to direct amd control it. The idea, there- fore, learned Judge, that it was nuisance, is not suai If you come to that conclusion, I can then t another position of the law, which ia tobe correct, If, then, the traffic in ardent ypirits, by common law, was legal, and the license system regulated and controlled it opr. ‘& repeal of the common law to tne extent of its goacral use, and you repeal the Tepenling statute, the repealed statute comes im force. In other words, if by com- mon Isw all have a right to sell, and you repeal ths license law, restric! that right with certain condi- tions, then the right os general. The Ls- gislature or goverament give to the psvple the right to sell meat, @ law is passed afterwards ang erred sale by all except those wno have license that law is repealed—then the existence, Jen And here is the mist: pact, ag 4 King vs. Eiwards, page 27. he said, beld that the irate ta liquor legol. Ho also cited the case of Jamos va. Esces, Jobnson, to prove that a penalty of equent act, jar houor must notice, he contiiued, that the laws of the State relative to the sale oft liquor—that is, the geaeral laws—do mot spply to the city of New York. The license system peculiar to the city, and is derived from sacieat charters and amendatory statutes of the State. I wish, in tbe beginning, to disc!ose to you the edject of this line of argument, and you will bear with me mere pa- tiently as { trace the license laws from the beginnisg to the prerent time. Tho erject is to show that oy com- men law the traffic in ardent spirits is legal, and was always connected with a license, the penalty attached imp)ying that you could obtain a license, and for that reason a fine was imposed upon your neglecting to pro- cure {t—ahowing, conclusively, cast yoo could aot seps. rate the penalty from the license, You must disa>use your mind of the ides that there is anythiog different in the article of liquor from the article of meat. I know the scurtility that has been heaped soe en ed. in this traffic; I know that the opinion has gained gro: he deslers im liquor are amovg the gi wretcbes in existence, from the time that Nosh was in- toxicated down to the present. It was never intended that this trafic should be prohibited by the faimina- tiovs of any Legislatare or the restrictions of any corpo- inte body. " Another illustration: We have a right to regulate the sale of meat; but the right of prohibition end of regulation are two se: things. The commoa nd feat 10 jealous of thi rence with private ita, aye you can sell anything, ani buy anything ta long as you do not materially affect the rights au property of your neighbor. You have, of course, a right to mate police regulations—a right which I suppose is generally understood. Thus, if the Legislature and cor- ‘tion impose a penalty, it cannot be pretended that y can pass a Jaw or an ordimance prohibiting the sale of meat in the city and county of New York This would be oppored to the principles of common law, and neither could, of course, mafntain the legal right todo so. If you look at Dongan’s charter, 1680, section 10, you will find that it grants the right’ to tue authorities of this city to grant licenses. Another atgumont strikes me on reading that section. I perceive from it, that it was the first privilege conferred upon the cor- porate authorites of is city to grant licenses, and thet liquor dealers, tavern keepers, vintners, &e,, were in existence at that time as well as now. Yon will also see bere—and this answers enother propo sition m. the advocates of this new Meine law— that this is a law without a penalty, which is, therefore, absurd, and that its advocates, reeing their mistake and recognizing the necessity of & pevalty, have asserted that it is laid down. It is not, hewever, the first blu: der that has been made in legislation, and will not pro! bly be the last. In the Montgomery charter of 1730, sec tion 28, we fimd the power conferred en the Mayor and Commena:ty of the city of New York to grant licenses and impose » penalty on all who sold liquor. wi But here in 1855 these gentlemen, in theic hot haste to complish morality and reform, passed a law repealing ali Ncenses. They made one section a repeal of licenses, ano- ther a prohibition and another 8 penalty; and the proht- bition goes into effect om the fourth of July. The penal- ty also goes into eflect om that day; and because it does not go into effect before, you ‘are asked to impose a es! om a repealed statute. They ay that u ts tended to put as stop to the use of alcobol beverage, and that therefore the sale of it cannot be carried on without incurring a penalty. Be- tween 1689 and 1730 the Colonial islatare o 1713, in derogation of the Mayor’s prerogative, farmed ou the license system—that ‘a, they sold the privilege to those who gave the highest price for it. They put % up . cote a en observe eae fallacy of bad learned Ju au) ig they wou! vertise a pu’ lic tsanes to be woid at auction’ In 1788, Tread from the Laws of the State, chapter 48 :—A commission to grant licenses was established, and the officer entitled “Commissioner of Excise.’ Mayor was mate €x-officio commissioner in 1788. Tne laws of 1801, c ter 64, gave to the Common Council of the clty the power to make any persoa a Commissioner of Excise, as well as jayor. This, I bolieve, is the first legisla- tive interference with our charter, and that legisiative interference was allowed or sustained because it was bela that the Common Coancil had permitted interference, and, by petition, had, to a certain extent, lost their chartered rights in that respect, as the Legislature would have no right to interfere with the charter, unless by the consent of the corporate body iteelf. In one of these instances I believe the Common Council petitioned the Legislature for their interference, thus giving them the right which they subsequently ex- ercised. Acommissioner uncer that act officiated, so that the charter and the law were both in force till 1821, up to which time thore persons appointed by the Com mon Council and the Mayor of the city exerc'sed their authority in this respect. These gentlemen say the pro- bibition is general now, that you cannot have a license; but Isay you can, under this Maine law. The second section of this Jaw of 1865, gives the privi! to per. nons to eell Hiquor for manufactur: and me Gicinal puryores.. The argument the is this:— Toere is a general prohibition without license, and when you take away the license, they contend you have no Tight to sell. ARGUMENT FOR 1HE PROSECUTION. Mr. Haskina spoke for the prosecution substant'ally ar follo approach this ease with considecable difli- dence, involving as it does in its decision a thorough ex- staination of all the laws in relation to the sale of liquor bere from the time New York became a city. Ia diecuss- ing the questions that bave erizen out of this case, I sbail not enlarge upon the abstract rights or duties ‘of society, only sv far as relat organ'zed force, as dis- played ‘by the Liquor Dealers’ Association in their re- solves. Isball copfize myself to giving thia court a his- tory of the Isw in relation to the subject at’ issue, with such comments upon law and facts as, to my judgment seem pertinent to this occasion. The learned count om the other side commenced Ley that at common Jaw the sale of l'quor was free in this city and State. I honestly differ from him is his opinion. ‘I don’t believe the sale of liquor was free. I am cer. tain that in the city of New York particularly, and inthe State certainly, the sale never has been free; and I have it shall. Dengan charter penali ew theve ‘who sold liquor counsel cited a part of Mayor should have the keeping taverns; but he "t porticn of it w! gives the dermen and Commonalty Jn bong tons who sold Trguor without of 1813, 1824, 1825, 1827, {eat he had four of the license ‘defore ihe result of this trial. CLOSING ARGUMENT = reeented the following prepositions , sideration of the Court — common law the unrestricted right to traffic is bted. NEW YORK HERALD, SATURDAY, MAY 26, 1855. then the Commissiovers can the ti which ts { full blast among us ina few days—tuat is, if the public ebsurd Me tech brews cece aie Lagiala- ‘Ng0 willing te support it—and it they are tot, or eaeoot, ture. The locality of the Niath ward, aewevar, | Shiy bave the New York for xy wnere might excuse the jsioners. the Mscords of quarreling artistes, after the’ annual eens ae meee wee eens | eae eg meer) en coy the act a * The attempt, Goes not go into effect ull the a pert uy he is uader | bowever, is to be mace here management of tes wl All the atitates relative te the sale of ardent spirits im the city of New York of pecial licemre provided by law which the , and the penalty attached to his ne- obtain that which was grantei There never robibition of been long im existence any distinction between the artisle of , Or any other article of merchaa- 9. In all former acts the license and prohibition, aad the penalty, are in the same section, and the repeal of any goes to the repeal of the entire section. [ea this act , the proaibition and the penalty aro in diferent » After submitting the foregoing ‘tions, Mr. Tem- Ugeen etnciaded tellowee Sen” pay ture, that fare, 1s dangerous. istated that im the name of morality they sould aot continue these tions. It would be far better for them to let law stand until the Fourth of July, when this Maine law could be ushered into existeace at the time that we were celebrating our national jubiies. He said that toese them are © confederacy to eppese the law. I respectfully, but , dony that charge. ‘They are here not to oppose the law, but ia the nams of the conatitation, in the name of the common law, by ali that is astociatea with civil liberty, they stand in de- fence of a legal right [agree with the counsel on the other many crimes have been committsd in the mame of liberty; but does not all history prove that the earth bas been reddened with bieod ia of morality and religion? Co: and lon have been the excuse for sir, that you cannot sesure morality or force; you cannot by prosecution or persecu- tion; you caanet by secret confederaciss or paid iafor- mera. Aaa lover of law, asa lover of order, I stand bere in defence, mot of the viclauou of the law, bat to vindicate, to sustain amd to uphold the law. Tho: are engaged in a traffic that has been recognized turies, and which has peem the subject of constitutional, intermational law and treaty. They are citizens; they are called upon to serve oniation; they may be called to arm in defence of the liberties of country. I sty itis dangerous for mea te unite together to fall Sepe ees for they will umite together to resist, and when that resistance comes the conftict will be terrible. Are auch the teachings of Christianity? But, yesterday, I saw that one of the clergywen of our city had ia the Tabermacle used the words of Dake at Water- “Up guards and thom !' hed prayed—and he «sid that the prayer been answered—that they should meet face to face and foot to foot in the armed the violent struggle. Let me tell them th: morality, law, all fall when they invoke violem bas already been done by some of these violent mon There is more than one spec! intem ce. The intemperance of drink is not the greatest. That which ww taken in, we are taught by the scriptures, produces not balf the evil which is caused by that which gocs out ef the mouth. There is an imtemperance of xeal and fanaticiom br more disorder into secisty than Ane- the intemperance of drink, The body mij drunk, but it perisbes in the hour of its intoxication; when the'miad of a people becomes intexicated with au 20) idea, it circulates with the most fearful effects, and the evil is as exhaustless as the element on whiok it fends. What has been accomplished which that trial evinces? What bas been done lately t—why, your conf dence in your judiciary 1 shaken The last bal- wark of liberty, the sanctuary of the judiciary, ia in- yaced. when the Recorder and the District Atterney— the tribupal snd the officers by whom this low ig to be enforced—are bronght into contempt by in- Mery 4 the opinion, of jurists te show that their honest end deliberate opinious are to be treated with disrespect. Circulate the opinion broadly among the community, and widely, that no cen! ia to be repored in the opinions of your judiciary, a1 ere are y hey left? Precisely in the position that wi le—where the tem; men will ory that flashed here may gro’ broad conflagration, unless it be for me or some other gentlemen belonging to the insulted but highly honorable profession of t! Jaw,twho understands the rights of men, and who stan. by them in spite of the power of the pzeas, the declams. t ona of the pulpi!, or the clamor of the people. It was with great difficulty that the officers of the Court suppressed the bursts of applause which wi evoked by this fina. Proccedings against the [iquor Dealers tn Jersey Oty. The following is a summary of the liquor cases dis: pored of at the May term of the Hudson County Courtof Oyer and Terminer, which closed om Friday last. Those whose names are here given are residents of Jersey City: — Wm. H Bean, fined. ..$10 Henry Merseles 80 Jobn Corrigan. David Salters Patrick Tanner. Patrick Boyle was fined $50 and costs, and Thomas Baxter $40 and costs, on old indictments. Wm, Stanton. of Heboken, was also fined $5 and costs, for the seme offence. In all of the above cases, costa, amounting to about $28 to each individual, were added to the fines. All the parties fined plead guilty to the charge. The indict- ments were procured through tbe efforts of the tempe rance party, who Srpree determined to continue the war of extermination which bas been waged during the past year. Tax Liquor Law m New Beprorp —Dealers ge- erally have given up the o) transaction of business. Ot four persons brought before the police court on Wed- reeday morning, one siated that he get his liquor in Boston, two stood mute and declined to tell, and one being @ Sandwich Islander, who could not speak Eng- lish, and drunk at that, could not according to the Standard, “be made to understand anything about the law or the bleestngs of temperance. ——— a Theatres and Exhibitioas, AcapEemy oF Musio.—Verdi’s excellent opera of “ Er- neni” is announced fer Monday evening next, when Mademe La Grange, aided by as fine vocalists as ever seng within the walls of the Opera House, will display her peculiar vocal abilities. Nisvo’s Orrra.—The Pyne and Harriton opera troupe have been hppa succeseful. Miss L. Pyne pos: feeses vocal qualifications of a very superior order: and hberce her great success inthis country. This evenin: abe appeers again as Marie, in the “ Child of the Regi- ment.”’ BROADWAY THEATRE.—The last night of the e 4 ment of Mr. Davenport and Miss Fanny Vini nounced fer this evening, when Massinger’s play o! ‘New Way to Pay Old Debts” will be played, Dave port as Sir Giles Overreach. ‘“Charley’s Lor will alao be played. Bowery Taratrr.—The drama of ‘‘ La Perouse, or the Monkey of the Desolate Island,’ will be the frst piece, im which Messrs. Cony and Webb will fill the leading parts. The new piece called the ‘‘Seven Temptations’ will conclude the amusementa.- the leading artista iu Brrron’s TaxaTr.—The appearance at this theatre of one of the old stock compsny of the Olympic theatre, has added much te th tions. Mr. Holland and Yr. Burton appear it. The pies are the “Tati “ble Rig,” ‘Take that Girl Away,’ and ‘Out for a Hol day.” WALLACK’S TuraTRE.—The domestic drama of the “Last i Msp,” Mir. Blake as Geoffrey Dale, wi amusements, and th ce sful comedy of will follow, with a fine cast The amusements will minate with the tar: the ‘Trish Dragoon.”” Lévarcr’s Mrrroroutay.—This evening is set apart for the benefit of Mrs. Yeomans, when Senoreta So} Mile, Ducy Barre, M. Carrese, andG. W. Smith will ear in “de Peri.’ The comedies of ‘Married Lif ‘Perfection, or the Lady of Munster,’’ will also be played. Awmicay Mcaxca.—Tho dramatic piece selected for the afternoon, in “Therese, or the Orphan of Geneva,” and in the evening the rama of the “Sons of the Re- public” and the “Good for Nothing.” Clarke and other eminent artists appear. ‘Wooo’s Mrvstre1s.—The ‘‘Wandering Minstrels,’’ con- cert @ la Jullien, and negro moleodies, for this evening. BUCKLEY’s EuRRNADERS.—The excellent singing of this company, in the opera of ‘Norma,’ is dra large audiences. The Buckleys are great favorites. Peenaw’s Minerneis.—A it variety of ular mel instrumestal musi, cad the Daviesque’ ‘Baby Show,” for this evening. Nrsto’s SaLoon.—The complimentary benefit te Theo- dore Kisfeld takes place this afternoon. The musical selections are such as cannot fail to please. ‘Waron’s Cincvs.—This company exhibit at Harlem on Saturday, at Sing on Monday, at Peokskill on Tues- day, at on Wednesday, and at Poughkeepsie «a Thursday next. A new drama will shortly be brought oat—where, we are not at liberty to say. "it ie frome “The Watoh Ee an American domestic of intense interest, to isaued in a fow days, by H. & Brother. Times Metropolitam promises to produce’ eigit or ten of the er peras, comsmescing with the superb ‘I Lom ar di subscription, ff the Yd encouragement t4 fe have several Italians here, who briog great musical reputation with them—amoog ¢' Barrili Tkorne. These are hard times for Cal mew we opive that Sam Francisco will ‘the Opera,’’ at iesst for a season.’” Miss Daveaport, we are pleased to see, has croated quite furore in Sacramento. ‘The Know Nothings iu Tennessee, ‘THEIS PRINCIPLES AND PLATFORM. ‘The Denbridge (Tenmeases) Herald of the 18th imat, gives the platform of the Americaa party, Annexed is om abstract :— American liberty is the richest inhoritenoe ever com- mitted to man. It should be guarded in proportion to tte value. Neither imternal por external fction should be permitted to assault its integrity. The progress, ole- vation aed ultimate bappiness of our race ol ved in its triumph. For the purpose of preserving cred possersion, we pledge ourselves to each other prleipien to siand by the following declaratior ea — With the view of sreserving the prosperity aud en gurlog the permanence of our country, we will uphold tho principles of the evolution of 1775. We protest againat the United States being made a penal colony or pauper establishment for foreign na- tions, No obstacle shall be opposed to tho immigration of honest, tndustrious foreianers. The auffreges ot the American ptople should not be given to an: except those bora om the soil, or matured “phe vected righ of all th ple, mative and f 10 VE! r te of eo native and forei shsil bo maintained tts ind morai and inteliectaal culture of the people abould be promoted ia order to preserve civil amd reli- gious liberty. The Bible is the only basis of oivil und religious liberty. Any un‘on of church with the State shall be opposed, anc no interference with private judgment on religious constitution as it stands, the Uni and the rights of the States, shall be prose: ancault We recognize no law higher tham the constitution. The assumption by am foreign Prince, Pope, or poten tate, tointerfere with the affairs of our people, is at war with our liberty. Pa ie based om geographical or sectional interests 3 it oxi fromaay We will eupport those who support our éo:trines, and oppose those who oppgse our doctrines. ‘ Americans sball goverm America '? will be the motto of our party. The cont of the Norwalk Cisaster to the New York and New Haven Railrond bas teen $280,000, and there are atill unrettled claims sgainst the compan: It will not prebably esca se the liabilities and loss account of that terrible affair short of $300,000. ———— FINANCIAL AND COMMERCIAL. MONEY MARKS T. Faipar, pay 25-6 P.M. The news from Europe and Califorais had a favorable effect om the stock market. It brought new purchasers into tho street, and better prices were realized. At the first board Virginia 6's advaaced % per cent; Eric Bonds, 1875, %; [linola Contral R. R., 34; Pennsylvania Coal, 14; Cumberland Co., 14; Erie R. R, {; Michigan Southers R.R, %{;PanamaR. R,, %. Harlom fell off % percent. Papamas has become again sabject to great and sudden fluctuations. It moves up and down about as easily as the most inveterate fancy, We coothere are plenty offbears in the market who avail themselves of any advance to sell on tims, their option. Whether they are holders or merely speculators does not appear. Cumberland, Erie, Harlem and Reading were in demand to-day. Panama bonds sold to some extent at the first boerd at an advance. Erie and Illinois Railroad bonds were held at higher rates. The sales chow an improve- ment. The prospect of good crops is daily becoming stronger, We ere now in the last week im May, and in less than wx weeks the wheat harvest will be secured. ‘The fine weather and favorabie reports received from all nections of the country, from the Atlantic to the Pacific, give the greatest encouragement. As soon as the crops are secured, if the yield Js above am average we may look fora revival of busi- ness and increased activity in all departments of indus. try. With om average yield per acre the total product of grain must be immense, on account of the enormous breadth of land under cultivati The agricultural clacses are, therofore, likely tat even moderate prices realize returns that will make them all rich. The movement of our crops will give employment to all our works of internal improvement, and all interes‘s are likely to be largely benefitted. At the second bonrd the market was a little weak, With one or two exceptions, lower prices raled. Reading declined 5; percent; Harlem, 4; Cumberland Coal, 1{; Panama Railroad, £;; Erie Railzoad, 34. Mlinois Central bonds advanced 35 per cent; Missouri 6’s, 34; Michigan Southern Railroad, 34. . We understand that bids for $62,000 of the boi of the Virgivia and Tennessee Railroad Company have been accepted by the President, at prices ranging from 141¢ to 8@ per cent. All others have been rejected. It is thought capitalists have not duly appreciated the value of these bonds, or more liberal offers would have been made. Their security cannot be questioned, and the privilege of convertizg one-half the amount into the stock of a road that will be one of the most profitable in the Union his certainly not beem fully considered. To give the public an opportunity of showing their estimation of the value of thése bonds, $500,000 of them are offered at private sale, in sums to suit purchasers; and those who may desire such en investment can eatisfy themselves from the documents in the possession of Mr. A. H. Muller, No. 38 Wall street, that this is no ordinary enterprise, but a road that cannot fail te be a most successful one. The transactions at the Assistant Treasurer's office to- day, were as follows:— Paid on Treasury account., Rectived — ‘* {Sama $103,400 81 150,155 00 Balance ‘ {219357 17 Paid for Assay office... 1,441 61 Paid on disburming check 42/050 85 ‘The Merchants’ Bank bas declared a semi-aanutl d’vi cend of five per cent. ‘The Commissioners of the Canal Fund of the State of | Now York invite proposals for a loan of $2,750,060State | Canal 6 per cents, 1872, to be addressed to the Auditor of the Canal Depariment, for $1,500,000 in renewal of the canal certificates, due 181 of July, on or before 20th of June; and for $1,250,000 new loan for canal enlarge- ment in 1855, on or before the ist of June. The annexed statement exhibits the argregate move- ment of the banks of this State om the morn\ng of Satur- Gay, the 10th of March, 1855. Reports were received from 277 benks and one braneh then in fall operati and from 48 banke which were closiag up their busi- Bere :— Banke ov tax State or New Yor . Resources. €xcept to directors Bills of so! nd, Due from sotvent banks on demand Dwe from solvent benks on credit,. Total resources.,.... ererecresecececes $296,795,370 Laabilities. . $84,831,142 19,122,885 229,725 21,679,600 8,842,000 8,490,807 1,236,977 viduals and corporations, other banks and itor All llabilitios (absolute and contingent) of directors, $1,031,508; steck, $20,240,002; premissory motes other than for leans and discount, $121,316; bills of suspend- ed banks om band, $1,631—estimated value, $980; due from suspended banks om demand, $01,489—estimated value, the came, ‘The Bartlet?’ Steam Mills, of Newbarypert, have de clar-4 a comi-annual dividend ef 5 per cont. The James Mill makes no dividend this spring. Dy the fourteenth anaual report ofthe Concord Rail- road Company we learn that the gross receipts of the year ending March Slst, wore $862,032 06, and the tots: expenditares $216,760 78, leaving balance of net carn. ings $136,263 20, of which $133,919 61 has boom divided $1,948 60 carried to contingent account. The compavy have made a large outlay during the yeer for the main- tenance of the track, and the expensea are moh larger on this account, There have been also other large itens cfenpenditare not lively to ooour again. ‘The receipts of the Virginia Cumtral Raltroed for the month of Apefl weee:—For passenger fare, $10,066 12; foe freight, $19,298 64; (or express, 63TT 61; fer Uatted Warten madd 61,251 26-— total 41,299 42. Boing $4,706 24 over the receipts for the same month last year. The road ts the seme Ieogth i: was Last year, and 600 tous of iron for the track weet of Staunton have bees trens- Ported over itaad not placed in the above acceant. The New Orleacs Picayune gives the ammexed account of the discovery of extensive coal mines om the Missis- sippi river:— | ‘The locelity is ah in, first Chickasaw Bluffs in Teaues- © point Lnown as Hatchie Landiag. Itis to be called teagg's Mills, alter the mame of tne lasky | owners, Dr A.G Grege and son [ts precise situation ia at the foot of Flour Island, abave the rocks, Wehave oren epecimens of the coal, which, although gathered merely from the outcrop, appear to fully justify those whe bave procounces itof the very best kiad and quali- ty kpown for domestic and gas making purpo.es. The Proprictors heve siready energetically commenced the work before them, b im fact. by this tame com- ited the erection of w mill to be used ia lumber for the erection of cottages in which tue micers end others employed about the works may reside, aad for the copatruction of flat boats to take the coal down the river. It ie expected that within two months from this the mines will be 1m full operation They hoon cane fully examined aad are declared inexhausttb! ‘The coal mine is im the hands of » gentleman who ia tends keeping it, and devoting bis time and capital to furnisbing coal for consumption, instead of formiag it {ato a stock company with several millions capital, for the purpose of gett it more stack for Wall stree: than coal for domestic use. It is a superior article. Tre annexed statement exhibits the quaatity an value of fore'gn dry goods entered at this port for con sumption, for warebor and also the withdrawal from warehouse, during the week ending and including Thursday, May 24, 1855:— 4 * Movements ov Forman Drr Goons, Bnt'd for Consumpt'n, Withd'ls. Wareh'd. Mapafactures of Wool ..$166,929 $20,912 $32,874 7 rn Cotton. 10: 23,695 Sed oe Lad Blk 158,756 22,653 6,806 bes oo 60,049 5,027 4,417 MisceDaneous,...... 83,028, 21,997 5,389 Velue put om the market durieg the week......8617,3(0 ‘Ihe dry goods traffic has been quite restricted during the pest week; but aa the supplies on hand have not been pressed on the market, prices of all desirable arti- cles have scarcely varied. The receipts of goods adapted to the current season have fallen off considerably, and what stock remains in tho possessiom of factors is being cleared out with as much rapidity and to as great ad- vantoge as circumstances permit. Thus the prospect 1s becoming more encouragiog ia reference to the possi- bility of closing the present season with a small amount to bold over; and as the lightmess of this is always a geod omen, operators are more sanguine in regard to the futore, Still, the spirit of conservatiem is abroad, and the probsbilities of success during the remainder of the year are insufficient to induce the bulk of our mer- chante to revew speculation We hope this will coa- tinue to be the cese, as it would be of itself the best guaronty of ultimate prosperity, Brown sheetings and shirlingy ere in but moderate supply, yet with a Lmited inquiry prices havea elight downward tendency, Bleached goots are pretty freely dealt in, and are unchanged in value, Cottom flannels, cotton jeans, denims and drills are essentially unalter- ed. We notice that & very #lyck business is b ing trans- acted im duck at zather easier rates. Ginghams lawns and osneburgs appear quit, though being quo‘ed firm. Printing cloths are not very active, yet they are stifly beld. Printa are culland heavy, Stripes and ticks are im request at about previous figures. Woollen productions ere not in large stock; but aa the demand is limited, prices are barely sustained. Blankets rule quiet and languid, Cassimerss are inquired for to a moderate extent, at old rates. Cloths are inactive and without change in price. The supply of desirable styles {a Limited. Flamnels are more sought after and sre firm. Jeane, Vneeys aad mouslin c reported in our last. je but very little doing in tweeds, which are depressed, Foreign manufactures aro not attracting much atten- tion in private trade; but here they are tolerably steady in price, while through the auction rooms a con siderable smount of goods, chiefly such lots and styles a6 are not suitable to bold over, are being sold, bat not at very regular, and certainly not at profitable rates. | There is, bowever, no grumblirg among the leading cperators, an these had been preparei for evem worse re- sults than any that bave, so fer, been brought to light, Notbing peculiarly novel is noticeable in the carrent im- ports, either as relates to extent or quslity. ‘The last report of the Ohio and Mississippi Railroad Company gives the annexed exhibit of receipts and ex. | penditures up te May 1, 1855:— | Onio AND Mississiver RaiLRoap. Receipts to May 1, 1855. From stock, incl. atock paid to contracters.,. 1,080,295 | From stock, imcl city bonds.. ++ 690,000 From stock, incl. county bonds, 200,000 For firet mortgage bonds.. 850,000 For 1868, second mortgage bonds 1,995,300 | From freight and parsengers,., 142,130 From bills payable and temporary loans 1,142,103 AAD. ssp sagumsiociks cout sees eeeeee ee e141 $6,009,828 Expenditures to May 1, 1865. For graduation and superstructure. For iron rails........ For masonry and bri¢ging. * For machinery, machine shops, engine house and turn tables. For ta’apor’tion of iron, By Paymaster for runain i 1g expn’ses of road. By Paymaster for constructior For tempcrary track south of 32,511 | 18,394 23,903 813,639 + $5,009,828 bona fide stockholders 1s $1,821,700. In addition to this there has been issued to Mer 1,800,000, rs. vances made by them to 800, The | emount of first mortgag: ed. in ' $850,000, | which were disposed of at The amount of second | mertgage bonds issued in $1,500,000, $1,356,000 of which | ‘were Cisposed of at 80 per cent, end $12,000 at 87% per | cent, making together $1,095,300, leaving 132 bonds on band, which have beem held to meet accruimg liabilities uncer contract for locomotives being canstructed. The first end recond byt aaa bonds have twenty years to run from 1862 and 1863, Since the opening of the road for business on the 15th day cf May, 1564, the entire receipts into the treusary for traveportation bave been $142,130 39. The run- | bing expenres and rosdway repsire for the same period Lave been $129,107 53. It is estimated that when com- pleted the annual income will amount to $2,033, 135, from which deduct fifty per cent, e a clvidend of fifteen per cent 600,000, The report says :— ‘The Treasurer’s account shows that the means of the company sre entirely exhausted, and the payments for work in progress are met by temporary loans, and rom the revenue of the road, which for the month of April | amounted to about fourteen thousand dollars. To pay | for the Pa mens, and brid, , for the purshase of «pikes and ins, for distributing iron and other ma- terials, for Jaying the track, and to meet pressing de. roands on the company, will require two hundred and fifty thousand dollars. With this sum the track can be completed to Vinsennes, and our city (St. Louis) put im direct connection with the Fast, by the shortest route, within the time heretofore stated. The St. Louis Democrat of tho 21st inst. gives the following account of a sale of 460 shares of Obie and Mississippi railroad stock at suction, in that city:— ‘The stock was put up ‘50 shares with the pri of 100,” peyable in satisfactory endorsed notes, at 60 or £0 dayh.” Wo annex the prices:— 100 bares, . cost of | the balance will | Pi At the close of the sale. te igen tized the auctioneer to sell 100 shares more on his ac count, om the same terms; 100 shares more wore then put up, aad rold for $20 per share. 400 4000 FrisC Ba 71, 100 2000 Erie Ba el °75 81% © 68 ry 500 80......88 88 01% 20000 HR 3d id 28% 6000 do... * 6000 N11 M Ge 2 20000 Pan Be 24 ry 2000 do. 28 6000 ry 1:00 8% 2600 do. ry 1600 20 ae. 8855 1¢00 m we ae. 8854 1040 Ole 1 ao. 88 10 do. ] 40 % do ae do, 6 do. 84 Mich Coa O86 fo Connectel me, 10S ae e's 8K » 10 Home ine, Ge, 9 rr ” 90 Penn. Cost Go,. 104, 18 80.. 4.44.. 106 100 Cum. OL Co.'a6d 28 do... 660 do.. ..b60 The only sale yesterday was a brown stone frogthouse and lot on Lexington avenue, thirty-seven fect south of Fortieth atreet, for. reer A CITY TRaDE @UPORF. Farivar, May 25—6 P, M, AstM—60 bbls. pots were sold at 530. por Ib. Barxapervrrs.—Flour—The market was better supplied with common and medium grades, and prices declined from 63¢0, # 12}¢c. per bbl The sales incladed about 8,000 & 10,000 bbis., including common to good choles State, at $10 25 a $10 62; Western also, of similar sold at the same prices. Canadian, (1,800 dbis.), brought $10 60a $11 25. Seuthern—salos of 800 bbls. wore mate $11 44 w $11 75 (or inferior to good, and at $11 6Y $13 tee (apes andextra Rye flour aad 5 was scarce aad firm. Cora— The receipta were larg 4 prices declined from 1 te 2 cen “The cales embraced about 63,000 bushels, im- ixed at 110¢. a 113c.’ and white end 1180. a 1163. clesing heavy; 30,000 mix: re to arrive between end 16th Auguat, $1 04 and $1 05. Oates ith moderate sales at Tic. a 760. for State am@ Corvus —falea about 300 bag: Rio wore made at about 93g w 10c.; do, Cape at 9%(c, Corton —The sales, with 1,000 bales not previeusig reported. reached about 5,000 beles, the market olesing at full ic. advance moticed in yesterday's paper, Faaicuts, a were swaiting the reodigh of pel-° veto letters by the America, and i monts were about 10,000 bashels of coro. in ships’ bags, taken af 23,4. a 334d. Cotton was at 6-394 for compressed, with smell engegemente. Te other ports engagements were light and without ohenge in quotations, FRvrT —200 boxes layer raisins were sold at $2 76, aad 600 do, bunch, ai . 200 baskets of olive oll were sold at $3 50 for quarts. Hay.—600 bales were sol $112. MoLasers waa quiet. Sains 20 bhds Texas were made s), t ; and a small Jot of Now Orleans, alse at p. t. AVAL STORES were quist. ‘: fitow —Sales of 5,000 ibs. city rendered wore made at 1lige. ‘Wink.—000 caseu Bordeaux claret wine sold at $3 por case, Provisions.—Pork—The market stout 500 to 6C0 bbls were sold old mess, and at $17 75 for new Beet wes steady, with vermont mete, 4, and Chicag: ead 96.8 880 packages at 73¢c. e 73¢c. for shot Tard. bbls, were ere 9%c. for hams. —Sales of about 800 made at 103f6 a 10%c. and at 1036, Rick,—130 caska were sold at h%o. a 6c, SuGars.—The eales embraced adout 500 a 600 hhds, Cuba was cold at 53. b34¢. @ 6c.; 175 Porto Rico, Xe. About 600 boxes Havana brown, were wold at 646. © €2¢c., and 209 do, New Orleans, at 6c. a —; 10 hhas. New Orleans cold at 636 Wusksy—In fair request. Family Marketing. RETAIL PRICES OF FARM PRODUCE IN WASHINGTOR MARKET. Meat shows a slight decline this week. Mutton end veal are somewbat cheaper, but beef and lamb contines: at the same bigh rates. Poultry amd game are at a staad- still, very little being in market. Fish is cheap an@ abundant, and consequently commands s ready sale. ‘There ia plenty of nice mackerel in market which can be bad at tolerably cheap rates. Vegetables are now abundant in market, and with the exception of petatess, are as cheap as can be expected. Bermuia potatoes age very abundant, and a fine varicty they are. They.ees grown from our common Western reda, but owing te the peculiar fitness of the soil of Bermuda for potate ture, they attain s great size, and are a measly aad aa- tricious variety. They are in good demand and com- mand high prices, It is said over 40,000 barrels of them will come to this port this season. notices no marked difference im butter, cheese, or eggs. The anmexod Ust bas been carefuily corrected:— MEATS. Rump steak: Plates and navels, corned.,... Mutten,.............perlb.. percarcase =‘ ISELLTTISSisilil ry wee O13 o 160 a & — el 1% « 10 at 10 al me @ 10 « Wild a yisferd - : Grouse, - English Gnipe, ver 62, e ‘Tame squad, per docen. =~ @ 8 ee ~ e Sbansswe2l Seni seSleg o 3B. e ° e ° e 0 es ° a 2 s ow eo om @ 6258 62: ae os =. Potatoes, per halt-pook. ee Mercer do. per bbl. ph June do - : - 6 — oe cones Salle wos red, 18 8 ” 6 e A ry we “oe - :8 -s boa = 7 wae we a8 6 ® ry ry s 06