The New York Herald Newspaper, June 8, 1855, Page 8

‘The Liquor Law. OPINION OF JAMES BR WHITING, BSQ., ON THE LEX ; GALITY OF THE LAW. The right of am individual to manufacture and sell in- toxicatiag liquor, as an a:ticle of commerce and mer- chandize, cannot be questioned. It is a common inhereat right. This right may be regulated or taxed by an ex- cise duty imposed by Congress, but mot by the States: Art. 1, eec. 8, sub. div. 1 of the constitution of the United States, declares that Congress shall have power ‘+ to lay and collect taxes, duties, imposts and excises; but al! duties and excises shall be uniform throughout the United States.” The power of imposing taxes, other than on imports, exports and excises, the States possess covcurrently with Congress; but the States have no power to lay imposts or excises. If they had this power, the uniformity could not be maintained. The power conferred upon Congress, as to excises as well as imposts, is for this reason essentially exclusive. An excise duty is » specific tax upon the article, and when in its liquid form upon its measurement, whether it be ‘an article of import, «xport, or to be consumed at home, This rule of exelu ive interpretation in regard to the delegation of power upon Congress under the constitu ion of the United States, has been adopted in regard to he jadicial power conferred upon the courts of the United States The constitution declares that the ju- dicial power shall extead to all cases affesting ambassa- dors and consuls, and that im those cases ‘‘the Supreme Court shail have original jurisdiction.”” Under this pro- vision the Supreme Court of the United States has decided that the State courts have no jurisdiction over consuls, the t conferred being e tially exclusive. So in re- gard to that section (04) to: stablish iform’’ rule of ni tion and -‘uiform’? laws on the subject of bankruptcies; the uuiformity of the rules in these cases is hela to render the power conferred meeossarily exclu- sive, No more unt ormity is required ard to these latter rs than in the levy and collection of duties, imposts and excises—the uaiformity required in all those cases being the same. Beno’, probably, arises the fact this State no excise law, at least in regaid to i Mqaor. ever been passed by atutes of our State This distinction existed in England when the wine li- censes were ® branch of the King’s revenue, and were settled on the crowa im the 12th year of the reign of 7 ogether with the hereditary excise made up the eq' «nt in value for the losses aus! by the prerogative in the abolition of military tenures, and belonged to the or nary revenues of the king. The excise, ag & separate acd distinct duty, was imposed by Parliament, and given to the king as a part of his extra- ordinary revenue. Our former statutes, as police regulations, affected to regulate the sale of strong or spirituous liquors by retail, through the in- stramentality of a liceose, this being a power not dele- gated to the United Staws by the constitution, mor by it prohibited to the States They were not lawsof prohibi- tion, nor of revenue. They neither touched the manu facturer, importer, nor wholesale dealer. Between im- ported and domestic liquor they made no disciustioa— these axticles beng alike under the control and protec- tion of the same system In‘iee?, the Massachusetts acts are entitled, one, “The regulation of licensed houses;”” the other, ‘'An act concrroing licensed houses and the ‘of intoxicating liquors.’’ They regulated the sale— sy provided what they profeseed to call a license sys- tepi—they were interns! police regulations, and were 80 tréated ia the celebrated caces im Sth Howard, aad are there called ‘the license cases” Our laws were simply ingernal police regulations, iotendea to restrain the in- aigcriminate sele of liquor, and to control and modify evils arising from stempsrance. Thus stood the law on the 9th of april 18%, when the law in question was passed. Passing for the prevent all question of power under the constitution, let us examine some of the pro- visions of this pew act. Its purview snd declared in‘ent ia to prevent the sale of intoxicating liquor ‘to be used asa beverage”? It strikes at th se.’ Itis neither a license mor an ex- cise law. It abolishes licenses. It authorizes an agency ‘to ell’? intoxicating liquor. to be used for any purpose anve ‘‘one.’’ Itis composed of 26 sections. The 25th was born on the day of its travail. The 2d section came into operative existence on the let day of May just three weeks after, ano tre balance of it is to hava vitality on the 4th day o’ July next. Sucha labored birth the Legislature seemed to think befittug such a byéra-headed monster. It is then to.cogeverament of nd proportions pfu; d inw- loving and a law abid- “tts full advent ie to cast its dark and fore- over the State om its natal day, when milar despotism were saniered; whea the political equslity of men was declared; when life, liberty and the pursuit of beppiness were ‘declared to be emong the imalenabdle rights of mea; when it was declared that a Jong tra’n of »buses and’ usurpations, evincing a design to reduce men under the away of ab- solute despotism, transform*é intoa daty the right to throw off such a goveromeat and to provide new sate guards for their foture security Thea is to be pro- claimed, in the streets and upon the housetops, from the pulpit, the preva anc the playhouse, a new edict de- nyivg to the citizens of this Stat» the puicilegts and im munities recure to citizens in other States—unbarriag our doors, and inviting the spy, informer and petty oon stable to come io; expong our families, oar houses ani efiecta to the rude search of ths intraier there, aud then is our prozerty to be taken from us withoug a trial —withcut beicg ‘informed of the mature of the accusstion—without bsog con‘ronted with the witnesses; then ani there wo may be arrest- ed by warrant, drogged before a justice and excesiive fines and forfei ures inflicted. May no’ every peaceful citizen, who has not permitted bis zeal to out- tun his judgment, wel! pause aud consider whether those evils, so introduced, wili not, ia their consequencess far outweigh all the evils which this law proposes to ra- medy, y that ushers it in ia truly fittiag for its con(emp'ation; and, i( iz cap stand upon its own ill pro: portioned limbs, and the test of constitutional limits, then let \—if not, then the destruction of hi ste man hoyes in the establishment of @ well-regulated liber- ty, has not yet been begun What, then, are its provisions by which it can stand without constitutional impeach rent? ‘The 25th section abolisves tae whole license syatem, deci kept in violation of t poblie nui The se cons section prov to sell intoxicating liquor “for mechanical, chemi medicinal purpocer for sacramental use’? Tl in terms, makes the “sale,” or ‘‘keaping for sale, “keeping with mtent to be'sold,’’ except under this new agency, and except euch liquor the right to sell which im thit State is given by any law or treaty of tue United States, a public nuieance. No esles of the prohibited liqeor can be lawfuliy made, nor c! kept with in- tent to be sold, except under the new om, after the first day of May. May not intoxicating liquor be sold or Kept for sale, without a license, or agency, under the net, between the first of May and the fourtn of July, without iasurri penalty? think it may, be-suse no panalty attaches until then. The 26th section declares all liqaors kept in violation of this act, to be a pudlic nuisance. Tho first section declares that no intoxicating liqaor shall be so kept for sale. Does tne 25ta section draw to, and incor: porate into it, the provisions of the first, and mske the probibition operative before July? No, for the reason ‘that the first rection ras no vitality until the fourth of July. The act so deslares, There ia, therefore, no penal- ty for cei ing without a license under this aot, ua‘ii thea. The former act gives thy penalty for selling without hay- ing a license therefor graotea aa therein directed. To sell ‘methegiin, currant wine or cider’? without a lt cense, is no offence under toat act—under this it is. Under that, any strong or spirituous liquor may ba sold to be drank in the house. or carriel away wad used as a beverage—by this it cannot he. Che penalties now inex- istence are provided for violating thatact, not for the vio- lating this. A sale of toe oi:er and wines aoove enums- rated is no offence under that act—under tais it is. It is essential to the idea of a law, that it be attended with » sanction, or in o:her words « penalty or panishment for bedience. J am aware thac the doing an act probi- bited by statute is dec'ared to b+ a misdemeanor. it is made 60 by 2d Revise i Stacutes, 3d Cort 784, section 56. It ts made punishable, however, oaly in caves when the statute itself. or somo other statute, has failed to impove the This statute does impose the alty T"fixes the time for its taflievoa, ant penalty, therefore it is pot a puvishabdie offence to sell or to keep uor for gale duriog the time stated. Agata, naity attaches. because the former acts are re: da by this by implication, Tois act ct, in derogation «f the common law. nor wa. not probibited at common law. Every a‘ firmative statute 18 a repesl vy implication of a precs- Gent affirmative statute, so far as it is coutrary thereto. ‘This is contrary on the su yect of license jo. It fordids both. it dves not regulate—it prohibits. Notax is imposed on the articie or toe right t2 sell; no consump- tion can take place ex-ept ‘or chemical, machaaical, mo- dicinal, or thrologica! purposes. Tse penalties ara aif. ferent ~ new and unnsus! puo sbments are inflicted; no discretion is lodged any where as to the grant of @ rgnt to sell. Any prrson whocaa comply with the terms of the act (and they w Il xe few. 1 any,) can Tae acts are repugnant, and cannot stint together: they are not only repugnant, bat in direc’ conflict. It was held by Lora Mansfield tha’ the stat 1te5 Geo 1, ¢. 27, which in- flictei w fine of £100 woc three months imprisonment on such perzops 98 +bould be coavicted of seducing arti- ficers was by theactof 2} Geo 2c, (3, which fallictet & penally of £500 and twe've mon'hs imprison ment, aled “by impication Toe asme doctrine has en affirmed in the courts of our own coon try. old inw gave a penalty of $25; this ves & penalty of $59. anc forfeits the liqaor. "Le CommOD law coe aot favor m repeal by insplication; but when the repusnaoc: is quite plaia, or ths powera or pronibitions are wholly inconsisten’, or wha thsy cannot be recoasi'ed or where there is a total diferenc> between two statutes rela'ing to the same subject, th» former sets srs thereny repexlnd. It will requice a new system of legal herm-neutics to give the aew statate, by construction, the +flicusy cont+nded for by itv edyo- cates. This act is also highly penal, and must bs strictly construed. For ite tranegressioa + forfeicure is incarre! of money, liverty sod liqaor It is, therefor», in no sense remedial, ordinary tule: ‘of in “4 spre! tates, do not apply to thts re: medial act is mace to supply the deiests discovered in the common law, whether hey arise from its tapsrfec- tion or from lapse of t ms or change of ciroumstan fiom unadvived determinativas or other causss. [tea- s tue common law woen foand too marrow, or rs os it when ‘oned too taxuriaat, Penal statutes re- v6 a strict coustrustion or interpretation. Tae gene- ral words are r «trained for the benedt of him upoa whom the penalty is iaf ctad They cannot de, extended by construction No American lay recognizes Bonstruc- tive oflepces, ot arvitrary punishments, or makes oflences by interpretation Tne statute must be its applied to remedial Own interpreier —no penalty can be infiicted anless the act which subjects the person to ic is clearly both witain ties sod the letter of the statute If these rules a lated, says on able English Judge, “the fate of aco? peroond is decided by the arbi rary discretion ° n t by tee express authority contained ia t ‘ A rtatnres made for the regulation of Jeu¢ aku Commerce, OF to regulate the cogduct of mer, persons, adecting the of ind ing 8 new penal remedy, or creating a new or to cut down, abridge, or restrain the li! of the citizen, contrary to natural justice and equity, or practical inconvenience to the community, must be in clear and unsmbiguous language. Altho: like @ tyrant when he comes, makes all voll, 8 to the constitution and the common le Hl i j ' duction. This power emanates from, and was conferred by, the pale the United States upon their Congress, 8 body of own selection; it is not a grant of power by the States—it was taken by the people from their own treasury of power, and plased in ¢! own federal head. Shee Sane said that they did thia ‘to secure the sion is not an exercise of legislative but of pure cial wer, If the act had sim; forbidden a | blessings to themselves and their posterity;” fale, dad had provided no penalty, "¢ would have | and have thelr not the right nov to call to been an indictable offence to violate the act, but having | their aid the judicial power to guard and protect the proviced a mode of punishment, that and no othercan be | flowers of * justice, hagas, ny and ee”? which resorted to. 1am of opinion, for the reasons #1 they ler the ht of » most no peralt; guard st such encreach- ati f liquor without a license | pit aches for tear ith day of July next. Sales | ment by either State or made on Sunday are prohibited by another statute, declared “that no tax or duty which I believe to be still in force. articles ex; from any State; tbat no preference ‘What liquor comes under the ban of the act after the | should be given by any ‘tion of commerce or reve 4th day of July? imported liquor is saved from it. Amy | nue to the ports of one State over another; nor should person, for aught I see, my keep it any where, and sell | apy to, or going from, one State be obliged it for any purpose he restraints of tae former laws as to enter, clear or pay duties in another;”’ and furtuer to license, and the objecta of its use, are taken away. | to make manifest their clear determ‘nation to free the The 24th section re ali acts, parts of acts, caarters question from all doubt, they inhibised the States ‘from and parts of cbarters, inconsistent with the act im ques- ying any imposts or duties on imports or exports, ex- tien. Of course there is nothing left but this act to re- | cept what may be absolutely necessary for executing strain such sale. If it be valid, itim terms only re- | their inspection }aws."’ Iam of opinion that tne statute strains the sale and keeping. with intent to sell, liquors of | coos not exclude domestic importa of liquor. It may be domestic manufacture. Itis true the phrasoology is | brought into the State, seeking s market; that it may be aingwiar. ‘This section (the only one forbiading tae | sold or kept for sale, or exported to anotoer State or to sale) ehall not apply to ‘liquor, the right to se'l which | foreign countries. ‘That if the act does, in terms, exclude between in this State is given by any law or treaty of the United | such liquors, the Legislature has transcended its power, States.” When words are used ins penal statute, for | because it conflicts with the constitution of tne United the control of the actions of psrsons, they must of ne- | States. J. B, WAITING. ceesity be taken im their ordinary and popular sense MISCELLANEOUS. They are for the government and obedience of the peo- Mr. Joseph Wilde, a desler in confectio at Law- rence, Mass., has been sentenced to pay a fine of $80 and the costs of court, and to be imprisoned in the House of Correction one hundred and forty days for selling three glasses of brandy. When is the next cat to be hung for catching mice on the Sabbath? . Neal Dow was hung in effigy in Charlestown, Mass, on the 5tb inet., on the raph wires opposite the Rus- sell House, on Main street On the back of the figure was @ placard with the words, ‘Neal Dow the murderer.’” The right hand held a jug, while the left held a copy of the Maine Law. ‘The Trial of Neal Dow in Portland. {From the Portland Argus, June 6 } At two o’clock yesterday afternoon the Police Court ple. If they are so mystisal, equivocal or obscure that they cannct be easily underatood—if they re quire the definition of the Judges before the People can know what they moan—how can it expected that the people should obey them? The law on such @ subject ough’ to be so piain that ‘a wayfaring man, thouga fool, need not err therain.’’ It hae been seon that gentlemen of high legal attain- monta bave already ciffered as to the meaning of these terms; and that whilst but little difference exists as to the meaning of the words themselves, some thiak the unexpressed intent of the law-giver, rather then the mesning of the words, should govern ‘Men are goveraed by the laws, and by the intents therein expressed in apt and proper words, and are ra: ponsivle only for a vio- Tain 6a Shame CES ed Ce Oe ae oa =e fe | commenced its session at the City Hell, (or the trial of Fa eae TT in oo many word’ giver the right to | Neal Dow for an alleged violation of the liquor law At pell liquor. Thia the law-givers know. What did they | Sbout balf past two, Deputy Marshal Ring brought the mean tp exclude from the operation of the act? They | Tespondent into court, The complains, in asual form, Allegiog that prisoner had liquors deposited ine celiat under the City Hall building, intendes for sale in viola tion of law, waa then read by the judge, and the respon- did not intend to interfere with our foreign or domestic commerce They knew that the right to import, carries, an an incident, the right to use. This nght to sell im: | 000) lan, wes . : guilty. Hon, Nathan Clifford appeared poxped Kiet oe Sa acre respi e exist: | as counsel for complainants; Hon. W. P. Feasoaden for Mr. Dow. Quite « large number of sptctators were pre- sent, butcould hear littie, owing to the noise ia the streets, The respondent appeared much jaded and care- such a restriction would interfere with existing No doubt they intented, if they could, t> inhibit t of foreign liquor as a be A worn. BO Coe usttie son went ok panee, Ban ‘Urrin Ring deputy marshal, sworn —Servod the precept; train “such sales, Suck liquor is expressly ox. | Teceived it between Sand 4 o’closk Saturdey afternoon, iti 3 2X: | received itin the police court room; Judgs Carter bandied cluced from the operation of the act, ply by way of exception, or proviso, or eevee: clause, but by separate, positive, clear ani unequirvoc: words. Thera is neither room for construction or inter- pretation. if it should be said that thie clause only in- terded to save the right of the importer to sell in ori. gival packages, avd claim thisinterpretation by reaion of the clause contained in the 22d section, which de it to me; think it was nearér three than four; the com- plainants were all present; served it between 6 and 6 o’clock same afternoon; about 53 o’clock, when I firet eres the warrant; Mee examined yt niet of tl ages; found no difficulty in en’ering the velar; found Mr. Chute, t, and Morris, clerk, ia possession of the store; seized the Hquors at that time; ! let thear ine the packages to ascertain what clares that the a¢} ‘shall not be censtrued”’ to prevent taine eare two lois; I copied from the theimporter of foreign liquor trom xeeping or selling | Pin! found anoiher lot uot on the bill; I tred three ar. the same ip orginal packages to any Leger autho- | 14 and was satisfied they contained invexicatiog riste by this act to sell auch liquors,” the answer 18, | iiagore; ose wad gia, omp wre s--ud/, ono wine; some that this only furnishes a statutory rule forbidding @ | pig mark Leunot; they wei ‘tn same part 246 Tots ten fect — porhaps apart; ali marked Of SPasad Agemsy” are in the frat lots first lot al in casks; all these casks are marked ‘Portiaud Asoncy? Portland, Maine, on cards tacked on the casks; secsha Tot was in 23 casks of 30 or 36 gallons, and one large one Of 60 gallons; some of the aecond lot hed marke aad particular interpretation, but does not add s limitation not covered by the words of the enacting clause, which is the probioitory section. The rule is, that if ARs of cular thing be given or limited in the prergitered by any a statute, this shall not be tfakarsame statute. If it were equent zenevy—that in the case of Brown va. The trwc of Maryland, it was held that the importer could only sell in origimal packages—then this law does not restrain the eale in such form to any persons, except pytbepe to the persons authorized by the act to nell. ‘ithe State bas no power to limit the sale of an importer of any impor‘ed goods to a salein the precise form in which he has imported it. He isin this busu of im- portation subject to the laws of Congress, whoalons nave the power of regulation. Uniess they restrain him, he is free, Tbe duty he pays is of impost and excise— ome bad not; three-fourths of them hed mo marae; 2 or 3 were indistinct und could not well show; arrested the dofendant at balf-past tvo o'clock to-day; hed op- portunities of arresting him bafore; no partition between theee parcels, Cross examiaed by W. P. Fessenien—Persons present when I took the warrant were the three complalaants, Royal Williams, Alvin Dyer, J shua Stevens, Joseph T, Mitchel, F D, Little, Danial Fox, Joseph Brady aad Edward M. Patten, went out crowd began to assentble wit I think, just ag I came in; isupcn each and every gailon, and sherefore upon | Sf the cellar; were more people than Usuul ursuad weed incidental right to sell attaches not only to tae whois, | 1 seized the liquors; witnim half an nour returned to cel'ar and found thirty or forty; in cellar about an hour and looked at casks before 1 se'zed them: applied to Mr. Chute for invoice, and he gave me those marked Portiand Agency. Direct examination resumed—Did mot seizs trem in first instance, because being anew officer to seize unless Dow's name a them; advice from other officers: it first bet! 4nd 5; was absent three quarters of au hour; after my retura the Marshal helper me to take an account; Chute and Morria were up stairs; was there from 20 to 30 minutes; did not make return thea but took amount in book; mained ip court room hi fe hour after I received tas but to every specific part. It no difference whether a part of a cask of wine after importation is duced in quantity by sale or waste: tne remainder is provected from the operation of @ State law, except for the purposes of a tax. anda licensee to regulate ica retail sale. Suppose a cask to break, or a crate to barst, or a bals to bs broken, on ita way from the wharf to the storehouse: Can tbe importer not sell it, because tor preservation it has been placed inanother vessel? Where Coes it lose the protect.oa of the acts regulating impor! and become a part of the common property of tae Sta! Does it as soon as landed from the ship? Hss the im- porter no right to break bis package in order to compare the gooda with his invoice? For this purpose may he not tate it to bis own store? May he not keep it there until the market suite? Does his right terminate within any limited time? Is it not a contiauivg right so long as the importer remaios the owner—the duty belong prid? ‘The answer se-ms to me to be obvious. ‘Atter he, has parted with his imported article by a sale and celivery, eitber in waole or in part, then, and not till then, does it become am part of the mass of property in the State, and thereby become subjected to the local lawa Ths cases which have been before the Supreme Court of the United States sre rot authorities m conflict with this position In those cases this distinct question was not presented, por did it arise. _atbough the opiaions delivered by the Judges ia Sth Howard uadoadtedly countemaace the idea that the right to sell in original packages was alons secured un‘er the right to import, I think tha ation still am open one, The power to regulate commerce with ‘oreiga nat:ons, and among the several State 1 an exclusive powe: in the national itis contended that ia ths cases id that, 80 far as regarded com- i , it was a dormant power, and until called into exercise by Congress, the legislation of the States might operate upon it This question was not involved in those cases, Whether the power is dor mant or active, if Congress has it exclusively, and not concurrently with ag ie en, whether re; mane or rot by Congress, the power cannot be exercised by the Btater, I Felieve it is mot denied tMat as to forsign nations the power isexclusive. Why? Surely not bo- cauee the power in that regard only has beea put into active exercise, but on the only tenable ground, that the power is exclusively placed in Congress. It ia but wer, mace applicable to our foretga and domestic relations ‘The language is clear and explicit: —‘'To regulate commerce with fore.gn nations and among tho severs! Staves, and with the Imcian tribes.”’ Can there copulative conjunctiona be by any gramma‘ical construction or #p cies of legal lozic turaed into disjunc tive conjunctions. Tho Father of nis Country, in report- ing the constication to Congress, ssid—The friends of our country have loog scen and desired that the power of ma\ing war, &c., and regulating commerce, and the correspondent executive aad jud.cial aathorities, should be fully and effectually vested in the general governmsat of the Union’ The alienation of State soversigaty ex ists when the constitution in express terms grants aa exclus vs authority to the Union—or where it prohibits the States from exercising the like authority—or when it grants am authority to the Union, to which a similar au thority in the States would be contradictory and repug nant, Where the powers are concurrent, they are such that the exercise of them would only affect the policy of the general government but not ita power—in such cases warrant to seize; co minutes after Jud, court house to Marshal's office; thiak I was there fifteen or twenty minutes; “came int> the street and met Mr. Carleton and two or three others; think I saw Dow; a word or two passes; he was talking with others at the time; they were talkiag about tas; he told me to do my duty; about an hour elapsed before Iceme to the cellar, Judge snd Recorder, three othere were present when I i Marsbal and two or three policemen were in his offi met Mr. Carleton in the street or on tho atepsof the ore at house; am not povitive whether I saw Mr. w bdelore or after I went to the a wer to question by Mr. sessendea—Saw no one come into the cellar. Alderman Ring sno. t meeting of Board, of which Tam one, on evaniag of Slat May, Mr. Dow said, ‘We're deliberating about a2 sgency;”’ I eaid, “Mr, Mayor, how came these liquors here?’’—the reason! asked that question, was because I wes absent one evening and did not kxow but there might bs « committee to procure them.. Mr. Dow said, “i ordered trem ”? or I got them here.” I asked bim by what ‘autbority he got taem;” he gaid ‘he had not auy au. thority 8 he knew of; eaid there was then an agent cere from New York, who recommenied to him that had pure Kquors imported, and be (Mfr. Dow wold him to send them ; asked him what agonal there was; his reply was $1,600 wor:h; [ saia, “You got them on your owa hook, then, did you?” he replied. “I avppose 60;”” I asked if be thought he woul? make a good «peculation out of it; he said he should, or did not know but be shoul, I am not positive which; [aaked tim why they were nct seized; he replied they were asized and carried up to the City Hall as soon as they came here; conversation was same evening as election of agent; I was present at election Cross exsraination—One evening after 33 of May, there woo an order passed autvorizing « comm tree to’ settle witn Mr. Hay and remove furoiture from city agency, [ sappose tois committee wis raised while I was away; L supposed aiso from the order thst it was a comm tie on the agency; did not understamd from the conversa tion of Mr. Dow, that the hquors were procarsd for the agency. but had no doubt he intended them fer the Py i Clifford objected to this testimoay. Mr. this is a question of intention and we shoald bh the witnesses opinion; the court le. No agent had been appoated as that time; I don’t know whether a place nad been selected; repeated this conversation the next morning to some one about eight o'clock; I re peatec it toJ M. adams, also to Mr. Stone ia the fore- noon, and to several others; repeatod it to them firrt as I bave here; was not in Argus offlse or in State of ine office; did not speak to either of complainaate; [ they would be neither repugnant nor contradictory. ict gosmeunion : 4 ¢ about selling at auction; Mr, Do od ‘The absence of power to regulate commerce was one of | mo if 1 would be auctioneer, and I at drat said I would; the defects existing unce: the con‘ederation. The inter: | be asked me again and 1 acid I would not under pre’ ests of trade and finance cemanded a fedoral superintend- | sept Inq, this wad anid in reference to the liquors he ence. The want of it, saya General Hamilton, ‘has al ready operated as a bar to the formation of bensficial treaties with foreign Powers; and haa given ovcasion of Gissatiefaction between the States. The interfering and unneigtborly regulations of soms States, contrary to the true spir't of the Union have in different instances given just cause of umbrage and complarnt toochers, an titis to be feared that exampies of this nature if not restrained by ional control, woul bs maltiplied and oxtend ed til they became nct lens senioas sources of animos- ity and discord than injurious impediments to the intercourse between the different parts of the confede- racy.” “We may reasonably exp ct from the gradual conflicts of State regulations, tast the citizens of each would at le gth come to be considered and tréated by the other in no better light than es foceignors aad aliens’ Waen this power was introduced into the Joa: vio ently opposed, and its propriety quently vindicated. ’ It Gtly and wptly sovereignty It was intented conflict bstween the States on ubject; and in the language of high authority, sthe jadges embark coaspiracy with the legislature, snd subvert a takiog aways p Wall proounce thie fo bought. worn—Book of Records; this 6 of Aldermen; uader dats of : “Mayor and,Altermen anshoriz- ed ‘to use sbop of Wait & Batier for city agency, aad to arrat for agency for anle of spirituous Myuors ascord- ina law.’ The original ordex waa thea produced and rea Peter Graffam, d rorn—I am packet master between fers bil) of lading of the liqaois; who asked ms to ship them; freight; liquors wer- taken from vesvel when I was absent; don't kn them, nor where they went to; mo one bad agreed to be resporstola for the freight, no orders were lo't for the hey were adorersed “Po: tland agency or their ‘the bili of lading was as follows: “Shipped hy . 2 pipes, 2 34 pipes, 135 bbl, 1 - ptt 4 enake, ‘Tne defence then called Alderman Libby ani Jones and Wm. Boyd, who testified t1 tney heard the coa yersation about “epsenlation,” and that the anawar was, “I don’t know a>out that,”’ also that the conver- sution was jocos Alcerman S. L Carleton testified—Th bargsised for by the Mayor and myself Nquaors were gents of the ons Comets commerce) to WW oomtriny 9 city and committe of the Board ot Aldermen, with the Jaw cf the Ised—unsonetitutioaal and v0 concurrence of Alderman Brooks; they were ordered for {remers of rhe law seermes to hi bored under this | the City Agency, with the express agreement that if Gifficulty—bence the permits intoxicating liquors to | they came up to bis recommendation, they were to be be ‘while in actaal transportation from oxe olac? | the property of the city; I was acting under the autho or stored ia & warehouse prior to its reachiag | rity of the orver passed May 3a; no personal respoasi- to tl the place of its destination.’ This express author- ity covers and frees the domestic as well as the foreign liquor, In neither ease would the liqaor be subjected to the law of the State ontil it cams witbio its territorial limits, Thi ual transportativa from any ns piace to any other place in the State, or through 1! to some other State, may be by laal or ‘by water, and whilst in transita or stored in any wars. bouge on its way to 118 place of destinattos, no matter where, ft ie free ;rom the operation of ths act Tae 22) section clearly proves this to be #0; for whilst it dafiass the terms ‘ mtozicating liqucr’’ aad “liquor’’ to include sleohol, de, it declares that cider may be soll in quaa- tities not less thao ten gations, sad ‘that this act saail not prevent the manufacturer of alcohol or pare mas from grapes grown by h‘ra, from kesping or from selliog euch alcobol or wine, wor the importer of forsiga liqtor from keeping or selling the same in the original pack ages, to any person sothorized by this act to sell,”’ ’ ‘Tne 24 section also recognizes this right, Tt autuor the agent to sell ‘intoxicating liquor and aicohol sal * for the epecial uses therein named How is the to supply bimseif with ell the liquors that thes echapi-al, onem‘cal, médical and racrammtal uson’ bility was uncertaken by the Mayor or myself; they were ordered by me for the purpose of law'ul sale by the ci'y, under the law of the State; none of the liquor came iato tbe posseneton of Pires Brooks or Dow; introcuced this person to Mr Dow; T ordered the man to get the liquors inrured; they were not to ve for the city if pot pure and in criginal packages; we gave the order in black and white; Dow wrote it—oid not sign it; Dow delivered it to Bronron. Joseph Ring testifed—Considered the conversation serious; asked fer information; my proposition to sell st auction was not seriou Mr, Fessenden read from the jourasl of the Board of Aldermen, accepting the liquors, showing that they were pot accepted until after the time alleged in the copoplaint. Lue care bere clored. 4 The Western Virginian Confere of the Methodist Fpiscopal Church, at Wheeling, by ® UBanimous nega- tive refused to concur in toe circular received from the |. Erie Conference recommending the next General Con- ference to chamge the general rule on slavery, go as to a I foreign domestic trsde dons n>) | read :—The baying of selling of humae beinge, with ee Nin bess masat are 1" himeelt, The cider | th \Scautian So ensteos ‘them, or poldiag thom in ala- fos) be sold without the agency, Did toey intend tha: -y where emanci: ation con be oe ote’ without imjury 10" vo,"! ahi the maaufacturer of ‘burning fluids, it. Were em; The case was oprned b; Attorney, who briefly ex the case. The assault was alleged to consist Gefendant’s kissing Mra, Penfold without her knowledge or consent, The parties were both in court, and were the objects of general attention. Mrs. Penfold, an at- tractive lookirg lacy of about twenty-five yeate wee ace ee by “ber husband ‘The legislative Lothario, ‘alk, who is a member of elect, and lead. myeleian in the town of Fi , is @ oe looking men, ing about six feet two es in his stock- ings, and does not look Jike a person accustomed to nave his salutations resented by fair patients He hase high, bold forehead, rather handsom» features, and sports &® moustache and imperial. He was carefally, not toray eeantie: dressed. It was his weakness, like Byron’s, to hate hia neigher, and to leve hie neighbor's fe. wife. ‘The first witness for the prosecution was Henry Allen, a boy in the employment of Mr. Penfold. His eviden:e merely went to prove the fact of Dr. Valk’s visit to the house, at the time and in the manner set forth in the incictment, His statements were clear and to the point, ‘and apperred to be sufficiently conclasive. Mary Penfold, the tair sufferer, was next called to the stand, and being sworn, deposed as follows—I live in Flushing; I am nfeof Adam J Penfold, mv huas- banc’s store is om the corner of Lawreace, near Bridge street; I know Dr. Valk slightly; saw nim on the 15th of Dec: mber last; he came to my house between twelve and one o’clock; I was in my bedroom. which fronts on Lawrence street; noone was intne house ba myself; when he came in the outeide door was open; I heard no knock; & noise in the front room was the first intimation L received of apy one having entered; when I came into the room { saw Dr. Valk standing there; [ asked him his business; hs said, ‘Oh, nothing.” in a very indifferent manner; 1 sat down on the sofa; as { eat down, he came up tome, and took hold of my shoulders with both hands and kissed me; I tried to get up then and he kept me down; he still had bold of mo by the shoulders; I then got away from him end was going out e doors; he again caught hold of me, whea I caught up & broom and knockeo bis hat off; I told him it he did not go away | would alarm the neighbors; I got away from bim then, and as I was goieg out he caught me by the dress, and pulled me back into the froat room; I got away from him agsin, aud ran out into the hail,’ where he fol'owed mo; I told him I should tell my huaband, and be asked me not to tell him; that if f woul not he would never come there sgain: he then left and went out of the house; when! told himI would alarm the neighbors, he said I need not call Mr. Penfold, for he was not in the shop, butin tbe billiard room; he said be had left him there; I told my husband whea'hy came home Cross-examined by J. W Nye, Kaq.:—lam twenty-five years of age; have been marred eight ye Mr P. ia a tobaccontst; m d selis segars; have been in the habit of attending op, generally ia the evening; my husband was oat almont every evening; first met Dr Valk two years ago; be was my mother’s family doctor; | sew him frequeatly; he visited my mo ther itp to last December; he attended my sister till she died; it was very neara month before 15th December since I last saw him; he bad called at my house but twice, the first time to ree my Dusvand, and the secoad to extract a tooth; these were the only oceasio to nos office to have e tooth extracted a year ego; atnone of there interviews did anything ozcur which w not perticent to @ bueiness. On the 15th De- cember 4 husband came home to dinner at ons o’cl ;_ the occurrence took place at helf- bed twelve; I looked at the clock bsfore I came own, and it was a querter past twelve; he cid not ti quite after my health; I knew there had been some dis- agreement between my husband and the doctor, but did not uncerstand the nature ot it. it was while they were both trustees of the village, I did not receive the doctor as i usually receive my friends; the reason was be- cause Ianew he had no business there; Lest down as cown sboulders; T bad on @ he was in front-ot.ce I told him to let go of me, and to take his hands off; usked me dowm on the sofa; I reached for the broom; ¢ aaid, “ait atill;”? he @ quite loud; I knocked his hat off with the broom, and as be stooped to pick it up I ran out of the door; he caoght hold of my dress »y the kit; I broke from bim and got out on the stoop, and d he followed mo; he said if I would not tell my hu ould never come again; was ia ths hoa about tep minutes; the billisrd roomie over tha bar- room in the Pavilion, whiob pposite our house; [ did on the morning of the assault that my husband intenced licking Dr Valk; whem the doctor visited mo Profesticnally my busband was always in the house and in the room with me. sted here, and the court adjourned, ais morning (Wednesiay morning, Jone Fth) at nine o’clock,and was humerously attended, although noteo crowded a yesteriay. vir and Mca. Penfold were not prevent. The defencant occupied his uaual place. J. G Lamberson opsned for the defence, é introduced Mr. Edger M Grisveld He said:—I re- side in Flaching; I have lved there over six years; I ave known Mr Penfold by sizht many ys ara; just pre- vious to toe occurrence, Mra Penfold mace a comewnat Similar accusation against me, having falsely accused me of insuiting h-ria the street. (Chis point was ob- jected to. overruled, and exception taken.) James M Lowerre, Witson Lawrences ana others, were afterwards placed upon the witness stand, but nothin: of importance bearing upon the case was elicited, J. w Nye, Beq., ip his summing up, treated ths suit asa spe cfer'o’ copepiracy, Dr. Valk. and ‘Mc. Penfold heviag quazreliea on political matzers, Penfold assaulted the cetor, and beat him severely A wuit was then brought by Mr Valk againet Penfold, wheia retarn, as it is al leged, truwpad up this charge of assaolt and battery against the doctor. im justification of his attack, The counsel discoursed long and elequently on the subject, commenting upon the discrepancies in the lady's testi: mony, which he I'kered to a loaf of Graham bread—the flour being on his side of the case, when sifted, ani ths bran on the other. ‘Wessel Smith, Bsq., succeeded, and, on the part of the Frosecutiov,oceupird two bours or more in summing up. A brief charge was then made by the’ Judge,ani toe jary retired. At the end of about fire miautes they returned with a verdict of guilty Sentence wes, howev: ie to the ensuing term, in order to give tne col ‘or defense time to prepare a bili of exceptions. City Pol'ticus. DEMOGRATIC REPUBLICAN GBNESAL COMMITTE¢ OF THE OITY OF NeW YORE ar meeting of the Democratic Republican General Committee of the city of New York, held at their 100ms, 663 Broadway, on Thursday evening, Jane 7, 1685, the special commictee appointed at the previous meeting, to make preparation for calling 8 masa meeting of tbe national Gemocracy, reported progress, and their powers were cox tinued. Mz. Parsons, of the £ighteenth ward, moved the ap- pointment of a select committee to report resolutions for the sction of thia Comittee, which was agreed vo, and Messrs. Parsons, of the Eighteenth; Barr, of the Sixth; Alden, of the Seventh; Sweeny, of the Twelfth; and Glover, of the Elevecth, were spyointed such com- mittee The Committee on Regolutions reported the following, which upen motion were unanimously adopted with ap- plause:— Reseolved, That this committee respond to the call of the Democratic State Committee for « convention of the Nations! Demosracy of tne State, to be held at the city of Syracuse on Wednesday, the fifth day of September next, to nominate a State ticket to be supported at the fall election. |, That this committee renewe its avowal of nstioual democratic prizcipies embodied in the ressin- tions acopted by the National Democratic Convaction at Bolumore in 1852, and at syracuse July 12, 1854. Resolved, That we are oppoved to the receat Prohibi- tory Liquor ! uppracticable, fanstical and absard; road’ its unconditionsl repeal as an act of ul Jegisiation at war with toe comm Sta'e And the personal freesom of our people; giriation of this description cannot fail to bring the la ing power in‘o disrepu‘e and to endanger tne whole m of popular government Kerolved, ihat we ase hostile to gevleations of every description, and that we regard the orgenization styled “Know Notatngs,’’ 60 far we cen jurge of their principles jrom the avow their lescers and orgavs, as reproach to the i - Digence of the community; that the democratic p ty erat political or- wre stil, they have ever been, hositie to ano reiigio ptton in all thelr varied ‘orms— that une our people have derivec from foreign immi » and that they will mever sanction sny theories which tend 10 deprive those who have availed themselves of our pational hospitalities of tne privileges of civil and relgious freedom, which baye been pre- mired them at America shall al vays remain what it bes ever bres, the asylum of the oppressed and the home of tne free ‘That we will continue to wel- come the strangers with tho same warmth with which they were weleomed by our revolutiouary rathers, from whom we have ourselves descended, and that we will ever Cemovnee the base and anti smericen spirit which tas given rise toon orgsvization threatening the growth ef our nation, and siming to des‘roy the harmony and prosperity of our people, Tesolved, That the recklees extravagance, tho cor- ruption and the fanaticism which bave charsoter- ined tho present State adwintstration cal's upom ail prudent and rational men to rally to the ne tural democratic rtendard for the redemption toe ‘inte from the degradation to which the o sets of the State a¢miniettation have consigned it; and bet we Bimly adhere to our determinasion to preserve ovr organization uncontaminated by the schemes of mere olice peokers, who woukl barier away the princi- ples of the democratic party for porsonal profit to themselves, Revolve’, That in cosgratulating the democracy of Vronia upon the reault of their recent gabernatorial qection, we remember with feeliugs of pleasure that at tre FaltimoreConve gt’on of 1852 the Virginia democracy, uncer the lead of their Governor elect, presented the nome of Daniel 8. Dickinson, tne favorite of the Natiosa’, demoersey of New York, as their candidate for the F Hiden! ‘On otion, it was resolved that the re: listed in the New York Daily News, th ‘gan in this cfty, A Oo notion, The committee then adjourned, WARITINE INTELLIGENCE, Staaten ttre ALMANAC FOR WW YORK—rnus DAY. sum RISES... ff F] gtoom GUN GnTS... 7 3] une wWaree.. Port ef New York, Jane 7, 1855. CLEARED, Ship Hougue, Coleman, Hong Kong. A A Law & Bros, Bark Lindos, Kirby, Wea * tenia ft Bark Homer, Gardpor. , Giro & Franc! Bark F 8 Casanova, 7, Maracaibo, 8 De, [e, Jove ik Faith, Pai JB Dow. Bark FA Parley, Lieve Stenson, M Rechovaris, (Nesp), ‘Searpatl, ‘Trieste, Chamberlain, Brig Crasader, Wooster, Neuvitas, Thos Owen & Son. Jemima (Br), Green, Pictou, NS, J W Lowden. ‘Tribune, Cummings, Union Island, H D Brookman & Brig Augusta, Stone, Savannah, Sturges. Clearman & Co. Brig Ocean Guide, Grant. Norfolk, Brett, Son & Co. ig Niagara, a BR P Buok & Co. Rebr Brontes. Brovoor. Porto Uarello, I & Gager & Co. Sotr Judge Baker, Bogert, Richmond, Van Brun & ag! Schr Gaselle. Verguson, Providence, master. Van Ba a Lawis, New Haven, J H Havens, pe ewe i S ‘R idence, master. ARRIVED. Steamship Jamestown, Parrish, Norfolk, 4c, with mdse and passengers, vo Lodlam a Plessauts. Ship Switzerland, Trask, Bavro, May, 1, with, mdse and 560. pasie: Lene, Wost & Co. May 25, Int 41 40, lon 38 2, alized a sisip bound fi white ir), 143 passer gor! winds tor 1nev 30 days. Bark Higginson (Br), Jones, Smyrna, March 22, and Gib- raltar Aj with rags, to order. April 6, ina gale from WRW was boarded: by’ tom ‘which stove boat, Dalwatks, 6 oar mibal (of Suffolk), Kline, Sagas, May 31, with su- jar ger, to M M Freoman & Co. Bug Colum be (Sic), Bono, Palermo, 150 days, via Gibral- tar 58 di it and brimstone, to Draper & Deviin. Millbridge), Foster, Laguayra, May 25, with to ts “iatieged & Hunter. Experionced heavy ‘Norw), Lawrence. Porto Cabello, May 24, jos. to § deAgreda. Jove & Co Watlington Bermada, 4 gt with or jeton Co June 6. Sandy Hook Wr 120’ miles. saw @ abip thowing blue aud white sigual, with letters Bini, bound Sou'he by Brig Clarenoo (Bir), Stubbs, Turks Telands, 10 deya, with old metel and coppe: 0 Tooker & Lighti . King, Starkey, Mobile, 1 days, with cotton, to Layton, Kyerson & Hurlbut. Scbr Jane Ingraham (of Rockland), Hawes, Savanills, 6 days, with fustic and hides, to Metoslf & Lovejoy. Sobr Lu Davis, Davis, Savannah, 5 days, with cottom, &o, to MoCready, Mott & Co. Sobr Aiberb Mason, Smith, Charleston, 4 days, with cot. ton, to Deliner & Potter, Sobr Hatiro, Demarest, Newbern, NO, 7 days, to Van Brant & Slaght, | Basen Capt Porter and crew ofthe ar orter, Sobr Frank, Langdon, Norfolk, 4 Sebr David Coe, Clinch, Frederic Behr Jenny Lind, Dicks, Hartford, Sohr Wonder, French. Provideaos Schr N Stetson, Perry, Wareham. Sloop Harvest, Corwin, Provid Sloop America, Barton, Providen: Sloop Fashion, Blydenburg, Providence. Ship Rattler, Brown, at Havre, beon chartered by tho French povernment to cenvey materiel to the Crimea. Sho is tho first Amerioan vessel the Freach government has char- tered at Havro. Sbip Monarch of before reported at Liverpool 13th ult, to load for Mi and Constantinople, is 2100 and wa per mo} Flolmee, » superior Rover, owned by of, and intended for n sp. Capt Chas A Veedel.. After being coppered she will be taken to Hyannis to be fitted out. legraphic Marine Re . ROSTON. June 7—Arr chip Howadji, New Orleans. Spoke 6th inst, at 10 AM, lat 40. lon 60 83 the Arotic expedi- tion from Now York, going off finely. rad Marine PHILADELPHIA, June 7—Arr_ ship Edward O'Brien, Creignton, Londonderry; barks Gov Von Oxholm. Davis, 8 Thomas; A B Sturges, Vigures, Now York; Laconia, Tayio: and Selah, Atkins, Boston; brig Loretto, Norden, Havi via Remediea; schrs Wm George, Jackson, Bosto! Engliek, Lyon, NLondon; Tolograph, Roath, Norwich. Cid Darks St James, Cruise, Rio Jancico; Zoho, Ryder, Boston; brig Forest, Sorsens, Warren, RI; schrs Eloise, ‘Thatcher, Boston; B English, Lyon, New Haven, Telegraph, Roath, Norwich. Disasters, d&e. ar For particulars 01 tho loss of bark Helen Porter, seo general news columns, H1P G L Sampson—Tho crow of this vessel" before report ed, were rescued by Capt Hill, of the shin Nortl sglo, of Boston, from Richmond for Acstralia, and thence trans ferred to the ship Rovere, of Boston, from Callao, which srrived at Liverpool May 25. For particulars of the loss see getoral news columns. Suir Henson, formerly of Now York, which went ashoro at Browster last Spring, an: ‘sold to parties in P: town, has been, got of’ by the Screw and Li and was taken to Provincetowa 3d inst, wi repatrad. Basx Dontsw, from Ci is Eohore abun “ult shout. tot Lighthouse. No particulars. aTARE Mancannrra. Galioar, bofore reported condemned UDB, WAS found Unseaworthy a! mi Wee to besold at nuotion igh ulty vr nae tom ‘6 four Many Anwa, Gibbs, from Cohaises Narrows for Alexandria put into New Bedford 5th, to go on tho railway for repairs, having run on her Anchor @nd knocked e hole in ber bottom. ‘Whalemen. 8ld from New Bediord 4th, barks Tropic Bird, Atlantlo; Pamelia, Indian Ucesn; 5th, ship Minorva Smyth, do; bar Montezuma, Smith, do. 2 Fr st do 6th, bark Winslow, Bldridge. Atlantic end Pa: cific Oceans, Talcatuano March 10, wit 200 bbls sp oil. 80 Arg tone heine(0 bola gp and 200 0 wh oil ‘Ayo arr bark Thorcae’ Winslow (ot Wostpert), Bi lnnvio Ocean, Carthayens April & with 130 bbls ap a Diktin oil Bold and sont home 2! bbls sp and 15 40 it "Reporys spoke May 81, Tat 32 30 N, lon 73 47 W. Sen Flower. Micomser, NB, 634 mos o insight sdme time, Willis, Kiog, of and from Mattapoisett, clean, Capt Macomber reports spoke and hoard ‘rou May 15. Inv 81 23 'N, lon 7617 W en Dodge, Osborn, Beverly. 10 blkfish; Ist 30 51, lon76 30, N D Chase #84, tat 80 48.N, lon77 11 W, Waiter Ervi ‘Vineetown, 17 days out, clean; 2ith, 6 Beverly, 19% m ut, 70 bbis sp all Sandwich, with 120 « Allen, Devoll, Indian Oooan. Sid schr TnO, Aen Nantuoket, tark Peru, Starbuck, Pacific io, Feb 9, with 600 bais sp ofl on board; sent oll. th from do. ship Nantucket, Gibbs, Edgartown, to complete fitting for Pacific Ocoan Arr at New London 24, ship John & Elizabeth, Lyon, N $5, vite 800 bbis wh otl'on oi Drew, North Pacific Ocean, Pacific Ocean, Honolulu Di board. Had on Arrat L Has on frsight 390 Fe S14 6th, ship Merri- mac, Rice, Honolulu, 8)d fro tport 80th ult, bark Dr Franklin, Sami lantic Ger ‘Arr at Sth inst bark Florence, Barat Ovesn, Ansmaboo, A‘rica, April 5, with 100 bbis sp 100 do wh oil Rey thin, ort! new Sid from Dartmouth th, bark Brighton, Tucker, Indian Francisco May 10, soir Emeline, Osborn, from 34 days trom Cape St Lucas, with 6000 galions # elephant oil Arr at St George, Cromwell, Jokn Vawsou, 2th ult, by letter from Capt , teady for sea, had 920 sp on board, 1660 ‘ail tol Sid trom Payal May 10, Excell West, Mattapoisett, to syria in the Poiatty, the 5 arr at Fayal Ist uit wit 5 is sp, 29 do ish oil; ‘again ant rine on the 6¢: ‘s. whale which ‘made 22! 4 0) . tg 6 bois. Marck 26, George, of Newport, cloan, to anil ‘At St Hel next day Fuise. ‘At Tabi:i abt April 11 ships Barclay, Cottle, Nan, cops, and Poromee, Swain; oil not stated, Cd at Lehsina April ‘Theresa, Davis, Oshotsk oth, Abin Barker, Bar- , Huntley, NI, 90 bbls sp tic, Percival, 20 mos, 185 sp, 3 Arr at do April 17 shid Maj it do April 18 ship rary ‘Cox, to cruise. 245 8) 8 wb. Cla Off Guaft 'o Feb 26, Amethyst. N ion 81 80 7, bark Antelope, for Newport, KI, oruising; \¢, NB, 82 mos out, the Sandwich a. it Carlos, Chiloa, ship Roman, Cumskey, NB 0 leaving the felands. | poken—A pril 19's, Gag frou Hon Ye 60 bbls Bp six c Spoken, &c. Ship, War Hawk, from Boston arch 27 for San Francisco, April 29 lat 83, lon 353 W. ark ‘Auguits, trom St Thomas abt May 21 for 28, Ist 73 11 N, lon 62 26 W. for New York, May 25, no fon B. trom Cie (ucgoe adetphrs 6th inst). does, May a Bark waters Int, &o (by the W Fisher, at ‘ark Irma, Philadelphia for Bar 23, lat £9 49, ion 62 S4, Bark Houston, Chase, 18 daya from Galveston for Liver: Pool, May 80, off Mantanila Roof Bark Be , feom Boston fox Mobile, dthinst, off ark Hew South Shoal. ‘A bark steering 8 od black with s white streak, showing a ig white ball, was signalised 14th ult, Jatt 57 N, lon 31 07. Urlg Neptune, from Cienfuegos for Boston, was signalizod a rigs Mery Viekce, from Phila brig Soiets, for Philadelphia, was of the Hook, by pilovboat Thomas IE Smith. }, Jon az mn (Br), Doo, New m Baltimore for Telands 26th, and Dewarera, lapnced parsengers. CiENyURGOS—In port May lington, ‘or N York next day 1 ia 3011 n ‘Const Afri man, for Boston 15 days; aye jon) In, May 16 bark Ids, Free- brig b S Perry, Davis, for N York LAGvayna—In port Moy 25 bark Kate, Oliver, from Bi siware, diag tri Thos Falter, ‘dierehs frora. Phila puis do, i bs May 15 4 Chatswortl, Brown, for ee ee eer ee id, UPaurteld, Salem, Log; sour Coa quest, , for NYor ready to sail—erew onshore ous brig M Shopasd, Witkias, saiied for Salam on the 13a ay. Vouro Camgrap—tn port May 21 brie Mogician, Ball for age tc firdch jor Uamburg. Sid Lith sche Now sadelphia, Repu nm’ port May 12 sche Yirgiuin, Grafh Plommer, ‘on bi Th hot 1 f “ ay Kio Jareso—in 01 Talbot, Pmle, trom Call from NY. ork tor San Franci GA Ball, Carpenter, from in, from Baltimore, disc: i Kao, Bramha! ‘m’ B den). ber for San April 80 barks Beltim: spgken Moy 6, 19822 8, lon 38 AGuA~In Lag, barks BA Chas: tat o ere London ¢ aa ” 1d from Flushing 1th, Pailowrts, Feirattee itivebooek, ae 24 Claremont, Soley. Sevame). Comoro Parker, Matensae. Chas Miller, Brower, from BT ork tor May—, Arvhimedes, Monn, frow Trinidad 1 wtiraigenene oe April 28 City of Manohestar (@, . Cobb, Haskell, Antwerp. eee AM achsen Stover, A Yorks TOM, WRN, Arr May 9 Coombs, ani Pote, do. .@ Caroli bra sth Hteretae, Weidrese N¥ork; 16th Soutserker, 2, 40; 5 DxaL—Arr May 22) A Watyer, Baotjer, and J: Babtadpocarieh atl, Sang toc cteou Stowell, Matsnsss; Palostine, on (and proceed foro Castle, Foster, alse. Di ‘Genoa; ‘ker, “Almeri The Moves Riniball, it m the we ror io W. \ Guexxock—Sid Moy 22. Crocas, Hooper N Fork Havaa—Arr May I 8+ Loos, Hey’ Denis, Follamateo do; Mary, Churchill, NOrlesns, ‘Sid. "oral acalaet 2m, . New. ing ed ty , NYork. Lin. ‘Ga 18th Juniat: Wilson, No: port, E, Entd ter ldg 224 Ada, Ch: and Rio Jancire, Baltimore; Chariot\¢ Fame, Knowles, Boston; FS Perle’, York, NUrleans; K Z)Harte- Sicbeus 25cedohn knorsGeam, Bart ang — uebeo; |, John Knox, Gens, LA Witt ‘Clinton, Funk. and Tamerland, Holmes, 2 i; . Sewell; V1 uz; 24th, City o¢ Montreal, Guthrie, Constantinople; RM Mills. Sturges, Philadelphia. ‘Lowpor—Arr May 28 Woodoock, Biack, NYork; Octavia Woodward. Chase, Philadelphis; tetsom, Boston; Floating’ Zephyr, Blanchard, Ci 25th, Sardinia, Huston, Savannah; Geo Stockhem, Oliver, Trinidad. Cid’ out 22d' Panther, Bishop, Caloutt wles, Calc ‘Bard out Zlst Hi juga, Boston, ‘Arr at Gravesend 224 Chas & Jano, Oliver, Havans; Ann Hall, do; 25th, Palestine, Tinaer, N York. LOnborDEkRY—Arr May 22 Creole, Shields, Philadel; Loixriox—Sld 1, Avery, NYork. " NYork. URNEAS ATF Fob 26 Rio Grande, Wilson, Sound; March 7, Nimrod, Whitney, do. Sid Feb'22 Sanco, ‘Chandler, Batavia. Cla Wed Frigave Bird, a. J . ‘Wiwoasrim, NSW—Arr Feb 22 Emily Miner, M Melbourn Narirs—Arr May 3 Providenss, Staraco, New York; Due sorella, Guissi, do, Oronto—Arr May 16 Hy Gould, Anderson, NYork, 1éth, N G Hichborn Rendall. st Ubes PAuensmo— Arr May 7 Tangier, Sweetzor, Valencia. wa—Arr Way 21 Chilton, Ponnell, Sagua; lerano, NYork; 28d, Plymouth, Emory, A Socmriue Ate Mey 18 Hudson, Hell, St John, NB. CHELLE—Art Me} ludson, a | Et Hitexa— Arr April 1 Potomac, Stone, Canton for peEy—. b 17 Nestorian, Biish, Melbourne; 18thy (ep a raphe ae ‘quails gist, Ma crit, Bone ko , ‘May 22 Columbian, Pott pe itey i ih, St Jag { 1, N York ‘orton Rane jseac Jeane, Chipmsa, ourn, May 22—Th tavzas to Trieste, which and commenced 4: Diat, May 22—Tho ship Infante, of St J (betere report: was fallen in with water lo; aud abandoned Fer ee een ery ty che wlonting Zephyrs aeueN Taunt, May JL—THe Active Daulier, arr aON FERRY, i eee rere tine aks tink UN, WW (Pariemeridian.) dicoe ALEXANDRIA~Arr June 5 echr William B Genz, Bos- tov. Sid schr E Flower, Hartford "BALTIMORE—Arr June Gehips Navigator, Fabon, Callao; Hay iy trdie Spirit of "76, 'Hugg, Ho de'Jansiee, apeit a ht, Haynio, “do; Detrois, Robineon, Matam- fora, Arecibo, PR, 14 days Cla Kingston, Ja; “iranviile (Be, Greenwood: A 8. 5 ANGOR—Arr Jans 8 brig Allston, Wyman, NYork; sebrs J E Patten, Carle; Chesapoako, 3} rd, do. Cld 4th, brig Waterioo, L Washington, N , Rank- ings Charleato mn. Arr June 6 ships Isaac Nawton, Lundt, Caleut- Sheflield, Dubois, NOr- rdrossan April 24; Li Mauritius March 27; Lovitt, Lovitt, 4: hathamn, Hai Gibbs, Remed 8th ult vie HHfole: lom. Crane, Gar Hewson, NYork; Abby Gale, Tib- betts, Jncmel idth ult; ‘Chas A Hannum, Rogers, Aux Uayee lth bit; Win B Newcomb, Bacon, Fraderioksba 7 Mi mire, Stephenson, Odessa, Del; Wm Henry, Baker. NYork, Cld, Br steamer America. Lang, Liverpool vis Halil hips: Maa, Hinckioy, ort: Me), Hod Pcie Se Bindies: on. Vi Re hrs Atlas. Dixo: Post, Mather bate Goorae ‘ander, Goodspeed, Albany; N ip ‘America, (abt 12 30) ar] A BOs ¥—Arr Juno 1 schs Loander, Calais for NY Dusky Sally, Camden for Norfobk; {d, brig Crimos (Bx, Auld, Sevannah for 8t John, NB. BRIST Arr June 5 echrs Eli Town Delaware City; Pawostuck, Allen, Rondow Butea, do: BUCKSPORT--Sld Juno 2 sche Sarah Matilda, Harriman, DOHA RLESTON are Je np Mary wid Adeline M Liverpool, Cid echt DB, Warner, Harmon, NVork.. S10 Span ship Algonéoners; barks Alms, Mary’ Se beige Hiternis, seatBelle: sclire (a muasted) ektora Webb, Albers | DIGHTON—S1d June § cohrs Henciotta, Gilman; Increase, Young: Ata Eldridge, Rowland, and Saml L Crocker, Phil- ‘adel phia. bark Ciry—sta prev to Juno 2, schrC B Casey, indies. wing Pe 4schr Amelia, Deverouz, Li- vesRees ), for Pi 10. ANTEURD Arr Juve 6 steamer Uncas, Bates schra Charles Carroll, Peatt,.Philad ny Hawking, do. Sid schts Eunice Rose, NYork;. Mary Buisabeth, Weeks. Philadelphia, KENNEBUNKPORT Sid June 5 sohr Vermont, Wal- ming‘or, NC. LUBEC—Arr May 26 sohrs Matilde, O'Brien, NYork; Sist, Esther Eliza, Huckins, do . MOBILE—Cld June 1 ship North American, Clark, NYorks schrs South Shore, Stearns, Scarborough (Mo,; Wavo,Irens, Providence bark Brothers, Gooch, May uinzy ‘Emily, Bows, Pars; sokes deiphia; A 1. Aox tangy a To + AL, Ackerman, Albany; gain seid brig Atlantic, Morrill, Porto Ri or NEW BEDFORD—Arr Jane Seobrs Mary Aun, Giybey Cobsssott for Alexindria; Hopeton, Hammond, and J ienn for Philadelphia. KT — Are Ju wo hrs Hantress, Disney, jackman, do. y Seloops Amerios, a4 Fashion, ‘ork. : rt June 6, 8 AM, bark nao, Bigley, for Boston (with her Cardenas onrgo); wel ia Soars, frem Philadelphia; Henriett: or Rappahannock; dence for do; Rockingba Falkoner, Paw tnonet for do; Hannah, do for a Southern Philadelphia. (or Bangor); FA adams, Werenam for ms Dightov for do: Jorn Iamercn, Rockland f Providence for NY: PORT—In Lewis trom av fer NYorks Wot Drown. et rawlss slope Oregon, bea vistors. ‘rom Providence for NYork, Arr bark acing. Avns, Baboock, N fork. NORFOLR Cla June 5 schr Hanne» & Abigail, Robia- sou, Keckport. ‘ Art June 6, °M, vark Warren Euivabepepiaeas 23, sohra' Gr Port. m0 Digtson; Lym = iter, Derby; Biten Bush, ve ‘RTLAN D—Art Jone 5 drigo, Matilda, Orr, Clon! Peg Ey hy Ro 8, Mat zai, bri h t te Bolen ‘A’ Warren, Canada, Jublies; brigs Hanciotta, ‘TROVIDENCE. Arr June bark Raone, of NYork, Dar, NOrlesne; sebrs pplegate, Engicest, + yw tue! mav, Rondout; Doors map, Rondout; Wasrar, Stannsr Gardiner, NYork; propel 1d, sobre JM Norfolk, or a utter, Halifax, a Ji f 34 ae oe her, and Look ” ol a a Her a eMltdeln tate June? sohes J W Gandy, Corson, Paovidenge for Pues gach Matchless, Smith, Raatout, WaMSTON Fle-—She peer bo ay 36, new sobr Mae. oe LTA Marin, PL. moweh Ve to iond for Want Indies, yo GRoNe-Cld Jane | cobs WA Bilis, Nichols, Boston; 24, Oeene Wave FB Wort Indies; Marine, Powell, NYork; 4th Billy Jones, and ifelena, States, do, “