The New York Herald Newspaper, July 8, 1855, Page 1

“fhe Court for the forleitures provide WHOLE NO. 6889. SUNDAY MORNING, JULY 8 18565. = THE PROHIBITORY LIQUOR LAW. ‘Frial of the First Violation of the New Law Argument of counsel. MARINE COURT. Before Hon. Judge Birdeall. Suny 7.—Jn the Case of the People, on Complaint of Henry Hill, v8. Charles E, Smith.--This case ‘was resumed yester:sy morning, pursuant to ad- Journment, Col. Seaver apuearing for the prosecu- tion, and Mr. H. Morris.n for tue defence. The Judge said he would prefer to have the case argued before the Court of Srssions, aithouga he ‘was willing to hear it, if the counsel for the defence was urgent to argue it before him, Mr. Morrison desired to argue in this court; and the Judge having complied, he proceeded with his argvment, as followr:— Thefisst point, seid i which [ desire to pra- mnt ti Honor the fourth sec: ot how Tom, which Wiemots fo meko bg arite BE em Ree r ent seeps there is no offence created Soy ¢ for which the defendant can be held; erefore the process issued under the section is i8, the jiogs are void, and the justice has tion in the matter to proceed, and the 3 mdant must be discharged. Section 4 pro- le Every .person who shall violate any provisions of either of the sections shall upon conviction be adjudged of & miademeanor (and except for fail- ‘ure to file his return or make his entries as in the last section prov ded) shall forfeit ali the liquor kept by him in violation of either of the preceding sections, and be punished as follows, kc ._ Now, the issue before the jury is pera bee as the defendant sold? Has »e kept for sale? Has he ven away? Has he given it away except as 8 ysician? Has he Eaps it for oasramental perc ? and any other of the violations prohibited. The verdict of jury on one of those issues: @ adverse to the defendant. The judgment of in the 4th section is not authorised by the msue; the jury nas pasred u) the question whether the liquor 1s by the defendant was in violation of either of ‘the provisions of the privr sections of the law, and therefore the uncors'itutionaliry of the section is manifest, as the forfeitura visjates the following clauses of the nrovisions of the constitution of the Btate of NewYork :— Article I, Section 1. No member of this State shall ‘be disfranchised, or be deprived ‘of any of the rights or rivileges secured to apy citizen thereof, unless by the Tow of the land or the judgment of hia peers, The right to his property, perhaps to the amount ‘of thoneands of dollars, is thus disposad of without a trial or judgment of the Reets, for they, the jury, have not been chargei with the question whether the liquor was kept in violation, &c., but only hag ba] defendant sold, &c. Article I., section 2, pro- les :— The trial by jury, in all cases where it has been here- tofore used, thall remain inviolate forever. Iu case of forfeitures, the trial by jury has beea heretdfore used; in this case it has not been pro- vided for, but on the contrary been abolished. Art. 1., section 6, provides: — a In any trial in avy Court whatever, the party accused @ball be allowed to ap; and defend in persoa and with counsel, a6 in civil a. ‘Now, in auch a case of forfeiture as this, he, the defendant, bas not been allowed to appear aud de- fend; he has never bad a trial on the question in- volved inthe judgment of the Ceurt. He has not been heerd in accusation or defence, whether he, the defendant, has “nana liquor adjudged forfeited in violation ot the law. Art. I, section 6, pro- 8:— That unusual punishments shall not be inflicted. Now, if by that law the forfeiture could pass the Boylla amd Charybiis of the constituiion to such @ buccaneer of the law as this attempted forteiture, jibe last section of the constitution saves the intend it wection of the law, tor it iv “an unusual punish- ”’ It violates the provision of the constitution in Art. L, section 6, which provides, no person shall be deprived of life, liberty or property, with- out due process of law. Due process of jaw means indictment or presentment by a grand jary. Lord Coke, 2, 45 and 50. Gaylor vs. Porter, IV., Hill 146. 3d Leory on the Constitution. 2 Kent 13 and note. Thus the section of the iaw under which the offence with which the defendant is charged being unconstitutional, all procesdings under it are void. and there is no law to give the magistrate jurisdi:tion. An uacnatitutional law can sfford no juatiication to any officer acting uo- der it. Strom vs. Hammond, 3 McLean, 107. “an order made by @ Justice of the Peace concern- ing a matter not within his joris@iction, is void, and he and all ministerial officers wno execute the order are trespassers.” Wise va. Withers, 3 Cranch 331. Comp. 140,7 Band C 536. 5 M. and 8., 314, 11 C. on R. 957 Wend. 200. It has long been astéled, Martin vs. Marshall, Hob. 63, that toe magistrave must not only have jurisdiction of the subject matter, but of the procass; and it the law confer- ring jurisdiction is fauity, defective as respects the process, which is the foundation of the jurisdiction, the jurisdiction does not exist. Grundsr va. Ray- mond et al, 1 Carr R. 140. My second point ts, that the words ‘this section shall not Bpely. to liquor the right to sell which in this State is given by any iaw or treaty of the Uai- ted States,” in section first of the act entitled “an act for the prevention of intemperance, panperisa and crime,” ied Avril 9, 1855, except imported liquor, from the operation of the act. Ths right to is connected with tne law permitting importa- tion, and as an inseparable incident is mevitable. Per Chief Justice Marshall. Decision of the Supreme Court of the United States. Brown and othera va. Maryland. 12 Wheaton R. 419. Liquor thas hav- ing paid duty under the revenue law of ths United States, the right to sell it is ite inevitable incident, and it is therefore liquor 1m the very language of the rection of the law under consideration, tae right to sell which in this State it ia given by the law of the ‘United States, to wit: the law which permits its im- aoe ge Tariff act of 1846. By observing the letter of the atatute, there cannot be any question asto the intent and operation of the exception, and the letter must govern for the following rea- sons:— 1st. Jt is a penal statute. Penal statates receive @ strict interpretation. The general words ork egainat salen 1g penal Pagar dag mo o wi tl ty fy Thus tbe statute of E. 6 C. 12 taving enacted that those ‘who were convicted of having stolen horses should not have the benefit of clergy, the judges all con: ‘curred that this did nct extend to nim that should ateal but one horse, and taerefore procured a new ‘ect tor that purpose the following year.—Darris on statutes, page 68, A penal law shali not be ex- tended by construction of the law of Eagland, does not allow of constructive offs sruleary fences OF oF punishment. No man incurs a penalty unless act which subjects him to it is clearly both within the spirit aad letter of the statute imposing wach penalty. It sach rules are violated, said Best. C.J. in the case of Fletcher ve. Lord Bomes, 3 am 580, the fate of accused ia Mba arbitrary discretion of the adges, and not by the express au‘hority of tne law. ~— Dwarrison Btatutes, p.69. In al ind limited anthori iy sete Rise ry an » where fn ite character, and: ¥6 be exertioed ie LM ion of the common law, great strictnoas aad jealousy ought to be exercised, not only in constraing the Jaw, but in canv: ite 3. Lord Chief éuntice Holt, in Rex va, Whistler, Holt 215, with great propriety remarks that anybody knows tha; his being a penal law, ought, by equity and reaso to be construed ‘according to te letter, and no fur- ther.— Purker’s Criminal Reports, lst vol. 101. A penal statute is not to be en! by constraction. —Per Sutherlands Strong va. Stebbins, 5 Cowen, A2 The law will not extend a Penal statnte by équitsble construction.—Per Savage, Ch. J., Root oa 6 core, 569, hag gf R.B., p. 222, le re & horse for oor and the defendant a rmitted his horse to bbe held by the Repeane Coart that the 0, « ‘apy alteration other than waat ia epe if'ed.—D rison Statutes, page 43, Melody versus 4 Causes, 471 —Gibson vs. Young, 15 ib., page 265. In satute in derogation of the common law the interpretetion is to be eco mding to what is written. The court is n:t to epecuiate on woat are the evis to be provided against, and thus come to a conciu- sion in copfermity to whet a liberal and munificent spirit, or, perhaps, & enlightened judgment an that displayed in the le sive provision, would appreve.—Rue vs. Alter, 6- Denio, 122 4th. If the sentence inthe section under con- side’ ation were even repugnant t> the whole of the preced'ng provisions and sectences—not that it is ever #0~ then the la’ter part of the sectioa prevails, end repeals tat w’ ich precedes, and is repugnant to Wr eaogen vs. Trustees of Racherter, 10 Wend., Ee My third cojnt ia, te burthen of prof that the liquer sold was vot imported liquor is Fp Francie ee antes being go i eae ing clause, it wil neceesary to negative t;, aus that the description of the offence may in all yeepects correspond with the statute. —§ Barbour, 8.C. R., 313; Kent Com. vol, 1 7 1 Burr, 148; Fost, 430; 1 EB 46 and notes; 1 T.R., 144; 1 Lev., 26; Com. Dig. Stututes; 1 Chitiy on Pleavong, 357; State vs. Munger, 15 Vermont R,, 290: The presumption of law is of tae inpocence of a party ith an , there- fore the law presumes the defendant guiltiew of baving done the act which makes the off:nce.—Roa- coe’s Crim. Evidence, 79, Thus, on an indictment upder 42 Geo. IIl.,c. 107, which made it telony to consee deer in au enclosed d without the con- sent of the owrer of the deer, it was held that proof of the consent not having been given must have been produced on the part of the proseoutor.—Ib, 79. Mr. Justice Buller said: “Ido not know apy cose for a penalty on a stetute where there ia an ex- ception in the evacting clause thas the plaintiff must not show that the party who he sues is not within it.” So, in crimine!l case Lord “Manafield sald: “What comes by way of proviso in a statute must be insisted on for the purpose of defence by the party accused; but where exceptions are in the enacting part of the law, it must, in the indictment, charge the defendant is not within them.”--Dwarrison Statutes, p. 23, Fost. 430, 1 Bart 664; East P.C., 107. The part; charged with a violation of a peral statute is boun to set forth specially the facts on which he relies to constitute the offence.—Bigelow’s Johnson, 13 John R. p. 429. Knowles vs- The State of Connecticut; 3 Days R, p. 103; Rex vs. Jarvis, 1 Barrows, 143, This being & penal statute, it there be any doubt whett er the woros, “ this section shall not apply to liquor ‘she right to sell which in this State is gtven by any law or treaty of the United States,” includes liquore domestic and imported, thea the decision muat be in tavor of the defendant. Where there is such an ambiguity in a penal statute as to Jeave reacoueble coubt ot its meaning, it 1s the duty of the Court not to inflict the penalty.—Case of The Enterprise, Paine 32. If there be any doubt in the Case, penal statutes are to be so construed as not to Pen Camera unless the construction be sup- ported by exoress words, or @ reasonable impli- cation. —Commonwealth va. McComber, 3 Mass. R, 354. Same va. Bariow, 4 ib., 439, If a statute cresting or increasing a penalty be capable of two contractions, that conatruétion which operates ia favor of liberty is to be adopted.—Commonwes'th va. Martin, 17 , 359. Same va. Kenston, 5 Peck, ARGUMENT FOR THE PROSECUTION. Col. Sever spoke as follows tor the prosecution :— Your Honor’s decision, said he, will be upon the jurisdiction which the law gives you in ate) of this kind under the act of April, 1855, aa lotiting your action merely to that of a sitting or commit- ting megistrate. The criterion by which your honor is co be governed aa such sitting magistrate in this case, wili be foynd Jaid down by the eminent authority which the gentleman has jist read in the Gecision of Wheaton’s, a8 given by Chief Justice Morshall, who decided that the duty of a commit. ting megistrate when an offence is char; ascertain if the facts sworn to in the affidavit upon which the warrant of arrest has been issued, are such as to induce the mind of the re to believe there is probable cause that the offence charged has been committed. In arriving at this, sna in the exercise of ona duties, you are not bound to bear apy justifying or rebutting evidence from the deiendant, Your duties are analagvue to thoee of a Grand Jury, who hear only one side of the question, and if the roof is suffic ent to induce you to believe that au offence +t the penal jaw has been committed, are nd to commit the parties for trial. In this case tre sffidavit has bren presented, pursuant to ths provisions o! this act. It bas been stated ander oath that the man received brandy and paid Mr. Smith therefor the money in prezence of the witnea:. The act uncer consideration passed by the last Legisia ture, in the first section, prohibits the sale and giving away or disposing of all intoxicating liquors of every description, except as thereatter in the sameat pro- vided for the sale ot it for mechanical, medicinal or sacramental porposes. One clause of this section says that it sbal! not apply to liquors, not imported Nquors, a8 the gentleman contends—tnere is no such lavguage in the statute—the right to sell which is bap by any law or treaty of the United States. e gentleman makes tnis a strong point—that this liquor Mr. Smith had a rignt to sail, beacause it was im ported. The gentleman contends tha; the onus rests upon the proge: ution to prove, by competent testimo- ny, that the liqnorsold ia not witnia the provisions of is section of the law. In my humble judgment, that proof reste upon the defendant; and admitting the legal theory whica he invokes, nevertheless a defendant is bound to prove that he has the right to sell this liquor, by reason of the fact that it was imported. Now, by no possible application, legal or sound application of his theory, can he throw the onus upon the side of tho prosecution. Prima facie the case is made out sgainst the defendant; he s:auds here charged with a violation of the law, and sets up as the main point of his defence that the prosecution must prove that he had not the right to geil this liquor. The pronibition is in the broad language of the statute, and the fourth section imposes upon him a penalty for violating the first section. Your Houor has, therefore, only to decide whether you will commit Mr. Smith for trial to the Court of Sessions. 1 would farther remark ts your Honor, that elthough there is no positive prohibition in the constitution, or any jaw I am aware of, taking from your honor the discretionsry right to judge of the constitutionality of an act, yet it isa sound and judicial practice for a magistrate never to decide the Way tapesg corn! CR ends when he is calied upon jo so, because longs more propery to an appellate court. The gentlemsn also pitas that this being a penal etatute, it must bs construed strictly. What 1s the meaning of that principle gs laid down and adhered to? What does the counsel mean, when he says, being a penal statute it mast be conatrued strictly? 1 understand that nothing more ia meavt than that the court ehall not enlarge the application of the law, and make it cover offences that are not embraced within the letter of the law. Now, youcan take nothing 4 infe- rence in apy statute. It is is only im the application of it to facta that come up before the courts that this latitude, this liberality of constrac- tion, is to be allowed. Starkey on Evidence saya, that he who possesses the peculiar know! of a fact necesssrily involved in a@ cl or accusation js bound to prove it. Well, now, is there not a fact involved in this? What does the Gefendant affirm? That he has a right to sell that liquor. {Counsel bere read the of the Su- Court of the United States licensee care. 5 Howard, United States Reports.) This law (continued Colonel Sever) is a police regu- lation, and your Henor knows that of regulation are unlimited. the State of New York, not with the United States, to regulate the rale of liquor. It possesses the right to regulate that, aa it does to regulate the sale of unhealtny meat, poisons, and al! other deadiy sub- stances. 1t has the right to prohibit the sale and traffic in all these, © say who shall and who eball not sell them. The power of C. oao bo further than to secure the transit of the artic! through the Custom Honse to the honse of purchaser. The right to regulate its mle atter that belongs to the Stave. This law may be conatitutional, and yet full of abomin ; bot is conatitational it must be en forced. If 1 consider its bad Jaw I will take the be pro- t secutor, he enact- z. cs a 5 Proceedings in the Police Courts. Sastice Connolly, of the First District Police Court, bas decided to receive the fines from those charged with drankennesv, at the Police Court, and accordingly he has received the $19 fine from cach ea committed te prison by bim, and has diecharged them from custody; although the Urohiuitory act expreesiy declares that the fines shall be recovered in the eame manner as in onses of misdemeanor. This Wwagietrete thinks his plan will work better, be more Couvenient to all parties, and witha! will save the city @ great deal of unnecessary exsense and trov. ble. Justive Bogart, the associate of the magistrate first mentioned, committsd about fifteen persoas Jesterday, charged with intoxication. Justice Bo gart, Lowever, does not think that the collection o finewby the magistrate himself is legal under the rew law, and accordingly discharges the priasnere after they have been duiy examined; leaving the vieasant task of recovering the fines to the Corpo- ration Attorney. At the Se ond avd Chird District Police Courts usual amouct of business in the intoxicati: n line was transacted. Nothing of intereat ee yerterdoy, although some fur is speedily coked for. This week Justice Piercy will preside at the Jef- ferson Market Police Court; and as he is a atrong Maioe law man, (being appointed to office by Go vernor Ojark) he will no doubt use every to get hold of some of the liquor dealers in nis district Our Cuban Correspondence. Canpenas, June 24, 1855. New Line of Weekly Steamers Between Cuba and Spain— Baclusive Advantagé Accorded to it—How to Cownteract us Injurious Effect upon our Commercial Interests. The influence of the United States in the feland of Cubs, which is at present immense, owing to the Line of steamers established between New York, New Orieans, Charleston and Havana, is likely soon tobe sensibly diminished, in consequence of the absence of proper regulations betweea the Law Company and that of the Black Warrior. It hap. «pens that at the beginning and close of eaxh month commurications are crowded upon us, while in the intermediate space of time many days elapse with- out any communication between the United States and Cubs. To-cay s Spanish company, that of Zangroni’s, comes forward to establish a weekly communication between Spain and Cubs, by means of screw propeliece. These veszels are not to pay in Hevanacither tonnage, lighthouse, anchorage, port or other duties, acd only twenty-one per cent duty on merchandise coming under the Spanish flag. This will be a terrib'e blow to satling vessels, Spavish 9s well as foreign, which trade besweon Frapce, England and Cuba, and conrequently the profits ot the enterprise will be enormous. Even the Cuban treasury will not fail to perceive the dif- ference between tie 21 per cent and the 33 per cent now paid on all goods imported from abroad. The Zangroni undertaking witl therefore make large di- videnda, and will in a short time establish semi weekly communi ations, by which, I believe, the American people and g>vernment will find their eat interests here effected. There should, there- fore, be established the following reguiation for the sain leaving the United States for this island, viz.:—~ From New York, on the Ist, 8th, 16th, 24th. From New Orleans, on the 4%b, 12th, 20th, 28th. From Charleston, on the 34, 11th, 19th, 27th. « By this simp'e regulation, the American people can bave regular comuunication with Cubs twelve times a month. They ought not, however, to be fotiefied till they have a daily communication by steamer between the United States and Havana, which might easily be done by substituting screw propellers capable of carrying cargo and pawengers, tor the sailing veseels which now catry on a e from New York. ‘Theatres and Exhibitions. BroaDway Tuxaree.--This theatre, since the return from California ot Mr. and Mrs. William3,43 doing a very good business. Mr. Williams has worked hard to obtain his present position. He has been a good son to his parenta, and if there were no other distinguishing quality--although he mapy-—Jet this siove must ultimately achieve a suc- cessful career for bim in bis profession. To-mor- row evening he eppears in tte plese calied “6’Fian- nigen ard the Fair'es,” and in the “Irish Lion;” and his wife, who is one of the beat representatives: of Yankee character, will sustaiv five characters in the piece called “Lew for Ladies.” Bowsry Tneatse.—Mr. Waldron, always anx ious to produce for the patecos of the old Bowery emueements of the bea; character, has engaged seve- ral artists of dramatis celebrity fur next week. Mr. Waldron bas used every means to give the moat re- fined entertainments, a} considerable expense: let bis friends do their duty towards him. by ex’ending liberal patronsge. Shakspeare’s “Hamlet,” witn Mr. W. R. Goodall as Hamlet, 18 annonnced for Mon- day evening. Also, the drama of “Kate Karney.” Nisco’s Ganpen.—The manager of this cool and beautiful theatre has been entirely successfal in the engagement of Misa Louisa Pyne, aided by Meeers. Harrison, Borrant, Holman, Horn castle, and Mies Pyne. The comic opera callea a “Queen for a Day.” is announced for to mor: row evening. Miss Iculsa Pyne will introduce the song of the “Skylark,” which in itself ia worth the price of admission. ‘To hear thia ac- complished cantatrive pouring forth her soal in song, like # lark, soskilfully in the science of vocali- zation that she carries her audience away from dali earth to the spheres ot harmony and delight, ahouid make Niblo’s Gaiden ths reaort of tue musical dilettanti. Buaton’s TaxatRe —Mr. Barnett, the treasurer of this establishment for years, and who has always discharged his duty in a mavner to pleas all par ties—civil and ob!iging— takes his benefit to-morrow evening, when he wil. present a programme for the amugement of bis friends, which cannot possibly fail to ensure him a bumper. The comedy of “ His Last Legs,” with Eddy as O'Callaghan; the “ Widow's Victim,” with Chanfran and Miss Alber- tine in the leading parts, and ‘“ Nix, tne Cabman,” john conclusion. Let Barnett’s friends do their jaty. Woon’s Mixsrrers —This company have the field to themselves, and are putting large aume in the treasury. “ Dark Deeds,” negro minstrelsy and dancing, for tomorrow night. Bockisy’s Senenanens.— This eee are doing a fine business in the respective to vas in this State. They will shortly retarn to their old bali, and introduce several novel features. Personal Intelligence. The mooted point, where was Daniel (liman born, was settled by himself in bis speech at Wilmington, Del , on the 4th of July. In the course of hin remarks, Mr. U. referred to the report of hia calumuiatora in reference to the place of his birth, and said: —‘‘I am an Americal by birth, and an American in heart; | bave never breathed any other than an American atmosphere; [ bi ver looked on any other than an American sky, an ve never been protected by amy osher than the American fing. From the place where I now stand | can Almost behold the spot where repose the cherixhed re mains of my father and my mother—an! within the sound of my voice now stands the house wherein! was mD.!? Apnexed is the list of Americans registered, June 20, at the banking house of Livingston, Wells & Co,, No. 8 Place de ls Bourse, Varia: — P, Biseinger, J. Al Tauber, J e, ©. K Randall, 8. A a J. G. Cameron. Philip, T. Rieh Ww Bloclair, J and Byron Ki Dorit, and T. E, ell we ly, South Carotin i t Wilson, New York; W. D. Bonie, Jr, Me ARRIVALS. At the St. Nicholas—Col BW Jones N CJ A Eogtish, Washington: Dr Wilson, Va; Dr Beecher, London, Ene; Rearchy, Halifax; ( matrona, Albany. —Gen G Moore, Lonisyill Oo Hon Wt etn N Berrick, Lovie John, Alba (barleston At the Astor—C H berry ° Vhia: b Bes idge AL Rosch, Indians S Come? Sorvayer: Ohio, W D Cook, Hor Ct; John Acorta, NY, PF FR. . par Alsbame—M Dalton, John avid L Pe Warner, Robert Gillerpe. J P Murray, J Whitebeart, Loois Fried, lady and servant, Mra Momtacia, © and isdy, Mrs Moore end son, Geo Hf Johmeton, an in the steerage, . per steamabip Jamestown—Ieary C Bork, EW Jone John & Tucker, 7 R mee 4. Mise EP Wilcox, overs, Samual “Wast, A. hin Fiown, Mur Aon 7 child, & Vansolinger and indy, TS Baldwin, 79 0 8 samen, aad Dig the sterqege. Religions Intelligence. SERMONS. Rev. L. . King, pastor of the Duane street M»- thodist church, will preach this morning aud eveo- ing. Che sacrament will take place at 3 P.M. Rev. G. 8. Plumley will pres three times to- dey, in the Bicomingdale Presbyterian church, on Fiitieth street. ‘The tecth of a series of discourses will be de livered in the Reformed Da'gh church, on Twenty- third stieet, by the pastor, Rev. Dr. Hardonbergh, this afterncop. Aermon on the ingatherizg of Israel, for the redemption of soul and body, to eater into life eternal, will be preached this evening by Margaret Bishop, at the Sanctnary, 105 Piret street. APPOINTMENTS OF THE PROYESTANT EVISOOPAL BISHOP, Today, forenoon, at S¢. Mark’a church, Islip; af- temnoon, at South Oyster Bay. , overing, at Astorine a Tuesday, forenoon, at Tarrytown. Thareday, forenoon, at Stiliwater; afternoon, at Mechanicsville. Friday, atternoon, at St. Paul’s church, Troy. ORDINATIONS. Rev. Mr. Toiburst has been ordained at Albo- querque, New Mexico, tue service being performed by Rev. Mr. Read, Rey. Mr. Gorman and Rov, Mr. Shaw. There wasa great assemblage of Americans on the occasion. Mr. John S. Zelia was ordained at Bangor, May 16, with view to 8 mission to California, under the direction of the American Home Misslonary Bociet y. On Wednesday, June 6, Mr. Al ‘Tyler was or- he regational daiued and installed over the Firat church in Falmouth. INVITATIONS, Rev. David H. Porter nas been tendered a unani- mous cali to the pastorate of the First Presbyterian cburch of Mobile. Mr. Porter is a native of South Theological Carolina, and @ recent graduate of the Seminary at Columbia. Rev. Charles Richards, of Renssslasrville, has ac- cepted 8 cali of the church in Monroevilie, O. Rey. Mr. Bloodgood, of the North State street Presbyterian church, Rochester, has accepted « call to the Congregational church in Enfield, Conn. Rev. J. B. Cleaveland, of New Haven, Conn., has received and accepted a call to the pastorate of the Congregational church at Egremont, Mass. Mr. George Moore, of*the senior class at Andover Seminory, bas recetved a call to the pastorate of the Old South church in thet town. Rev. Duncan Kennedy, D. D., of the North Datch charch in Albany, has accepted @ call to tae O. 8. Preabyterian church in Troy, of which Dr. Halley was recently pastor, ‘The Protestant Episcopal churoh of Dayton, Ohio, recently tendered to the Rev. G. A. Belsa, of the Second Lutheran church of Baltimore, a very flat tering solicitation to become the rector of their parish, Mr. 8. preached for aaid Episcopal congre pin during the recent session of General synod at Dayton, ard hen'e the movement. The request has becn respectfully declined. INBTALLATIONS. The installation ot Rev. J. A. Priest as pastor of the church at Homer, wilt take piace on Tuesday, the 17th of Jwy. The sermon wiil be preached by Rev. W. B. Sprague, D. D., of Albany. Rev. Henry J. Gaylord, formerly pastor of the church in Piaicfield, Mass., was installed by Wil- mington Presbytery, June 29, a4 pustor of the united courches of Drawyers and Port Penn, Dols. ware. Rev. William B Weed, late cf Stratford, was in’ stalled pastor of the First Congregational charch in Norwalk, Conn. ms Rev. A. ist Wxeee was pele ah patios of the ongreaat onal church, of Ontario, Lagrange coun- ty, June 26. * Rev. 3. D, Smith was installed at Yellow Springs, by Dayton Presbytery, 0.8., lost week. MISCELLANEOUR. Rev. Charles Wiley, D. D., has accepted the Chaucellorship of the Milwaukie University, Rev. Henry 1. Hitchcock, of Columbus, Ohip, has accepted the Presidency cf Western Reserve Col- lege, Hudsou, Ohio. Rev. George Potts, D. D., of New York, de:linea the appsintment aa a delegate to the Synod of the Wa'denses. The Boston Christian Witness publishes the pri’ vate circular of Bishop Whitenouse, in which he re" wgne his office as Bishop of the diccess of [ilinois. He speaks of bimself as saffering from the “ local disquietners,'’ “‘ disloyaity and faction,” which grieved and assailed bia prodeceasor, and prefers to “withdraw in silence, rather than originate a dis cussion which might wound the peace of the charch,” &c. The Evangelical Consociation of Rhode Island, which met week b:fore |ast, had up with considera- ble interest the subject of correspondence with the two branches of the Presbyterian church. The sub- ject was before thia body oe. and a report way made, recommending a total ceasation of the cor- respondence. The subject having been referred to a Dew commitiee, two reports were made this year; the majority, which recommended a coatinuan :e or correspondence, and the minority recommeading ita discontinuance. The subject was debated wich much epirit, and the majority report adopted by one malority. The last annual report of the Masvachusetis Home Missionary Society states that sixteen years ago, the orthodox churches numbered tree hun- dred and seventy five; and of that number eighty, or twenty-one per cent, were aided by the Home Missicnary Society. Now, churches number four bundred and sixty-nine; sad only thirty-eight are aided by that Bociety. That is,the number of churches bas increased about a hundred, or one quarter, while the number of feeble churches among them bas diminished one half. SWEDENBORGIAN CONVENTION IN BOSTON. The convention which commenced its session in Boston, on the 27th ult. closed on ‘he Ist inst., by pub- lic services snd the administration of the commu- bion, at the church of the order, in Bowdoin atreet, The meetings have been well attended both by deie- gates and members of the denomination, and the prerent convention has been pronounced the largest ever arsembled in this country. The extra meetings in the evenings, where the familiar topics of the day have been discussed in relation to the jaw of progress and its connection with new church teach ings, have been full of interest, and the daily collec tions in the vestry have been another striking feature of tris body of practical Christians. The movement of the New Church would appear, by the action of this convention, to have caught something of the onward spirit of the age, and it has resolved, by means of she missionary and poblishing azencies at ite command, to promulgate its teacnings to the word. The atvertion of the convention been especially directed lo the work among the Germans, and it has resolved to prosecute with vigor its promising ¢ fforts in that quarter. A NEW EPIRCOPAL PARISH IN CINCINNATI. The friends of the Episcopal chorch on Walnut Hilla, (now, « part of Cincinnati,) have determined Ww procted at once to the formation of a parish and building ot a church in that most delightful place. There was a meeting of the friends of the 00d cause on the 2th alt. Rt. fev. Bisnop Moll- vein, wae present, and aidremed them in an elo quent, feeling and appropriate manner, in the cours: of which he took oocarion to declare it, as his tui) and decided conviction, from what he had bimself witnessed, that there waa every encouragement ty persevere, and that be bad no doubt of complete and triomphsnt success, at the same time p! ag bimeelf to do all be could to anvist in the work. A committe of six gentiemen was thea epp nied to proceed immediately to the selection oft & proper site for the church, and make all the necessary arrangements for having » good, neat an) sppropriate one erected. Lyman Cote Admitted to Ball, SUPREME COURT—*PRCIAL TeKM. Before Hon. Jndge Cowles. Jory 7.—The People against Lyman Cole, the Alleged Forger —in the atwence of Judge Morris, an application was made before Judg» Cowles, be- fore the rising of the court, to admit Lyman Cole United States stesmer Karanse, Commander iag, st: rived at Cadis Lat vit., from Gibyetten PRICE TWO CENTS. finative emplowment of the 1d left dispowable by the demolition of the building of ths Temple, fame og igo metres. Tan’ space is to be travaformed intoa public garden in the Fagfich ityle, in the centre of whieh will be erected a mouu- | Ment in honor of the unfortanate King anc Queen Whore doom is so inseoarably sasoclated with te Nace— Louis XVL and Marie Antoinetto, The new ¢e Rivoli, a# now com, , ty three kilent-tres ADDITIONAL EUROPEAN NEW THE WAR. The Reply of Russia to the Circular and 146 of Count Walewski. Bogtisa miles, ius eeeelie ae tty blot lias . on _ millions of cs, wd pecessitated tie mI Interesting Account of the Capture of the Mamelon and White Towers. OUR PARIS AND MADRID CORRESPONDENCE, &e., &e., &e. on of 414 houses, each erage , ble of containing ten femi\iew: Lids 20 The number of strangers in Paris renders the theatrical interest of more than umuel tmportence. V (piety, part “Lea Veproa Siettlienaes,” asa come out, and great har been the ab. The libretto is by MM. Scrids und Davestiet awd & Very miserable |ibretto it ts; but the music, though Rot equal to the anthor'n Hi Provatore,”” Kegoal”™ and ‘1 due Foseari,” receems it. . The moat strikine mncem ia — po 4 [ fan hi oon ludes it secon, a Neduced the utmost Pur Pods Pin oi sretvane me entbosisem, and brought forvord Verdi, ate the tea aiamy dome + | Stalian fashion, in onedience to « call of the The Progress of Events in the Crimea—The New we ‘ann fourth act containa some of the Loan—Declarations of the French Government in perso duet betweon Heuri and Tear ote War--The Quon of am ippan | hee aid end neyo whch ght *to Nationalitics— Kertch—Cabot’s Texan Colony | morceau of all, i# » barcarolle, sung by Mile. — Movements of American Diplomatists—Impor- | Cravelli, the quaint melody of which whe ren- tant Discovery in Silk Weaving—Theatrical and | 4 shane rapped nite a een eee Musical Gossip, Se. feet hurricane of applause. Bhe was compelled to ‘The destruction of Marioupol, Gheisk and Tagan- | repeat it by a resiat demaad. On the whole, the ror, filled with all the traf™lc which for months had J opera met with i Fives Hee 0 a8 it been accumulating at their ports; the evacuation of | Diete," it ta the only real fre ego bie ARO" Sovjak Kale, and of Anspa itself, with the total | Academie Imperiale de Musique. abandonment of Circassia, not om{ iting the storm. The [ialian Opera House, which just now seems ing of the formidable position of the Mameion and pracy portals on Bi Hg saws tothe Big the capture of 73 guns, have excited a general ex: | company ‘previously snnouncsd; and consideri pectation that the great drama of the last half of | the compecstively sm li part of the audtence the nineteenth century is hastening to its develope. | could augbly waderstand the language th ment. As the plot’ thickens the interest waxca in | heard, the tragedy of “Macbeth” went off marvel- 2 Jously, The company ia excellent, and Mr. W. intensity, and grander deeds, as the tragedy matares, | Wallack’s impersonation of the Thane lelt nothing are looked for daily. The allied army, by the recent posh ad oacrng mae? nie data ate reinforcements ot the French, the arrival of the Bar’ segreed or ao pightly vp dinian contingent, and the best portion of the Turks bop ie ay of seta ei ar: ee from Eupatoria, is believed to be immensely aupe | malignity. Banrrn. nor in strength to the force immediately opposed to . Pp. J 0, 1855. them. Bnton the heights above Tchernaya stand Glorifying Victories ~The soatiaas Cada Mien from eighty to a hundred thousand troops, defended Russia and Austria— The Czar om the Rhine— by works of enormous strength, and co-operating by | rie Fleets Inactive before Cronmadi—A Third relays of men to the utmoat of their power in the Campaign in Prospeet—Its Dangers to England defence of the town. In Sebastopol iteelt the ger | and France—Obstaclee toa Peace on the part of rison is numerous sad determined, comarnded by | Ryssia and the Allies—The War a Political and soldiers perfectly acqusinted with all the resources Financial Necessity to France—The Affairs of of the art of war, and it is remembered that for Spain--The United States and Span—The late the last six months the sorties made by this | sou Nothing Defeats a Blow to Absolution in garrison have given evidence of @ spirit in- | purgye—The Exhibition and the Ame ican Ehi- ferior to none exhibited by the allies, It it bitors—-'Their Character The American Sury and certain, however, that public expectation in France és Labores has at no period beea #0 much convinced as at pre- The French and English prestes have been bard sent that a now feature is about t> impress itself on at work fora week past in reuashing and re-elabe- the war. A great battle won or loat—if the former rating the recent bloodless achievemenca in the Bee the better—but any hows battle, just at this epoch, | of 4 yom and the capture of the Mamelon Tower be- is accounted a necessity, and # aotion has bsen very fore Sebastopol. These exploits, if they do not ex- prevalent that yesterdsy—tie famous anniversary hibit the vast superiority of the allied forces over of Waterioo—would be especially chosen by the | the Runsians, prove, at least, that the Czar's forces allies to wash out the memory of former hostilities | in the Crimes require reiaforcements, which no inthe bloodstained thoroughfares of the modern doubt will be furnished from the Army of Observa- Byracuse. tion heretofore trated in Pol a the It is well known that the goveromsnt have it in fronticrs of pple ‘loll pare lt contemplation to raise another national losa, which, the Emperor Francia Joseph and the Kaiperor Alex- inthe present mania for national securitice, will be ander is re-establiened on @ permanent footing, tolerably sure of moeting with favor; but a little | white Pruswda and Austria ore once more celtes fe rl tar 4 pie Me oer performing tho office of jsilers to the rest of Ger- of " e msn! i6, » “ The reason wh EB of uae however, morbidly anxious that it should be under- ryt a pasion i pag tai oe tood that anything ke a, great war is not ats ob heredivitary Hmperars of Germany,” observed Joot:— Tne honor and astetyOPtio West,” says the Gents, in bie lettertso Johsines von Maller, the Comstitutionne!, “impore on France and Eagiand | German historian, ‘ie that that house never had he war ofthe East. They carry it on with as much any real mission v4 become « leading Power.” An vigor and resolution as bravery and self abnegation, attempt to place Ferdinand the Second on the throne but witn one only thought. They will contique it of Germany, with or agains! the consent of the until the question of the Hast shall have received a German Electors, was made by the Emperor's Gane- solution which sball guwrantee the independence of > Europe, but sill striving to diminiah the eviws of | ta» Wallenateta ; bat no Prince of Hapsbarg, it war and to avold complicating the difficulties of the | Would wee, porsesned the recoummry wirength of situation. We live ata time in which war, like re- | mind or character even to devise a plan’ for such apy b grater A ate Bp eee toan an accident id | an achievement. Austria will nevecagain be far ite of civilized people, ‘Pale is the tone when ie government of France | nished a better opportuaity to place herself at the generally adopts. Nationalities are of too buoysut | head of Germany, and to put an end to the dan- Sy Me Gu “ped . eset - [2 —, depressed | yerous and humiliating dualism introdaced by the auch ¢ snubbDINg, an apoleon knows the: ? } wil be always available when dealeeds wnat he | felony of Frederick the Great, than she was offered most fears, is a sudden piunge over the traces; and | by the Franco-Englith alliance, Sbe was invited a eee Tarn, ne canes pechepe amotner | to take « ride on horseback with France and ie rthan by seeming ignore ita existence. y The question, however, isa grave one when it is Ragiend, und preferred holding: (is stireape’ te arked to what extent the spirit of It exists at the | the Casr. Her attitude, for awhile, encouraged na present moment in France, more especially in the | tional sentiments (n Ciermany, and increased the capital. Republicanism, notwithstanding that it | contempt for Prussia shared by all the emailer bas twice failed, ia the ground work with which | States ; but her recent shuffling and backing out of Napoleon must eventually deai; it ia this that ren- | solemn treaty stipulations have assigned her « posi- Gers his presence indispensabie to the most minute | tion in Kurope far lesa renpectabie than that occu- Getaila; it ts this that is rong eoahe Pod nerve and | pled by Vrusenia bereelf, Austria, it seems, is so faculty of his soul til! even his phiegmatic tempera- | weak and decrepit an not even to be able to profit ment begins to shake under the presture. The oaly | by i'n biswrical antecedents, and the generous | confidence of a loyal, though repeatedly be question is, how be wit! deal with it. A state of veace would enable bim to retorm the courta of law | trayed and insulted people. Austria might and to grapple with » system of oporession prac: | have become a leading Power; she might tised by the judges de paix, under which the rights | have redoced Prumia to « Power of the of the poor wre often shamefully sacrificed to the interests of the Jegal confraterpity, and which, it is known, ha more than once bailied the efforts of Napoleon to remedy. A state of war, of glory and extenced empire, obliterated the republican mania in the time of his ancestor for well nigh fifty years, acd, in the opinion of many, the tims ts coming when the present struggle will be mere child’s play aa compared with what is to follow, when nationalities by the force of events will obtrude temselves, when the war will encircle Kurope as with @ girdle of fire, and tne strongest de- sites for orgauic change be merged in the melée of external sts ife. {t is in contemplation to have a camp of manuu- vrea established immediately in tre neighborhvod of Paris, and a rumor prevails that the Legisia‘ive Corpa will be convoked for the 30th of Jnly. Coant de Morny, its president, ia now at his estate in the Bourbonnais, Tor Grand Wake Constantine, brother | e = new Czar, is, it is sald, w be viceroy of | Poland. wecond rank, and secured to berself a permsnent voice in the affairs of Harope. All thia la now past and gone forever. Weak by internal dissensions, | despieed and hated avrosd, witout national con sciousness or ideas, with an exhacsted treasury, aud a government which can oniy insure obedience by the power of the bayonet, Austria ia tottering to « final catastrophe, and existe only by the of her enemies. Khe may again be taken into favor by the Czar; bat she has lost her ouly chance of regaining in Germany the position she has lost, and will exiat in future only an a Bclavoule Power of the vecond rank. Austria and Prussia are now gol hand in band to secure, not the independense Germany, bat ber ectire eubserviency to [ussiean designe. The German princes, once willing w re- cogniae Napoleon as the prove tor of tye Inenish Confederation, are now equally ready to receive the Crar as their Uege lord, prov be will ly vouchasfe to grant them the privilege o bor | their little fio. ks in a manner best suited to domeatic economy. To expect more from Austria Everything connected with Kertch is natarally | and Prussia, or the petty pricces of Germany, was, looked at with more or leas interest. There ia it | perhaps, the error committed by the gov- reems in that piace # very remarkable old Greek | ernmenta of France and Hugland. It made them church, bearing the name of St. John the Baptist, which has exuuted there for twelve centuries. The cupola ix supported by fonr colossal columns in gray lone much precious time— protracted unseoeeseriy an ex, re and exhausting struggie, 804 rendered them Cath bankropt {5 the pablic opinion of Karope. marble. From certain indications it {a muapected to | It is now in vain for the governments of Prance and have been constructed by the first Christisns that | England to coqnette with the ru Rational) arrived in the country, aed even with the ruins of | vex of Europe. These nationalities have teen the celebrated temple ot Exculapius, of whicn the | crushed and subdued, in part, at least, by the criminal cooperation or compivance ot France and Engisnd, acd it Is but wo apparent that neither France nor England means to meddie with the public aw of Larope turtoer than is Toey give | rary to wecure thelr immediate object. If italy Hopgary and Poland were to rise tomorrow | compe! tbe abmolate Powers tw conciude a speedy peace wits Kngiagd and France, would etber of the iter inlet on the recognition of the independeace Poland, of Hungary, of Italy? Certainly pot, socient authors make frequent mention. A cypy of the Goapel is preserved there, writuen on parchment, and dated as far back an the sixth century. | ‘Three French missionaries have lately arrived at | Lyons from Clandiopolis, in Texas. @ ad account of the famons communist colony founded 'n that state by M. Cabot. Mr, OBuilivan, the American Minister st the nage a ge Jomenter ¥ to proveed to . it, avd Dodge, the new United States Minibter’to has just had an interview d venat of all France or Pngiand tn the Bpanian M. for Foreign Affairs, Toe . | sist On Ortabliahing, eitner in Poland, Hacgary or tleman is underwtood to have dane his utmost | Italy euch popular institutions as slone would mathe to etlace the unpleasant feeling left behind by bis | ty the advanced spirit of the age, of the cravings & A predecessor, and to have succeeded in making & | ® patriotic people. England and France have (oem mow favorable |: onthe Spacisn official, | huckwtering too long with Austria to fall back with doubtless in no mind st the present moment to rake | mfety on doctrine cf nationality: they were ne- up old sores, when every day ts bringing Udings Ww es. for bayonets, atd caunot now avail them- ladrid of freah risinge atnong the Carllots, 0d the | selves of the power of Ideas. maile poste cannot travel in safety ty the frontier. The cespatoh bmg of the Freacn em oasy, which tae ramevion of, comained jewelry be | tic, Im the former is wee omy tormidable to the ieee set Coumoeer de Montijo, movner of the | Turks, in the latter w Vromia and Bweden—the Emprees Kagenie, of toe valine of £5 04) sterling. | real Ruropean power of Hassle ison the Hhine. If Letters from the Havana speak of the organization | France and England have not the lo atterk of a regiment of negro cavalry. it there, if central Karope ia to be enti: left out | ‘The Menstore Toscano publishes telegraphic dew | of the mage, the wag may become chtouic sad patebes from Itome of the 12tb, rel to the at | waste the strength of the telligerents, without ms Vempt lately made againat the (ife of Cardinal An- ay eee ee ee Cee Vouiand | vorall, and tw which I iy It ap | and France feel this; hence their spasmodic efforta | pears that the Cardinal wae \esuing from the py | to negotiate 8 peace in the midst of apparent suc | [ace of tne Vatican to enjoy s walk, when, while | cenmes. It 9 now almom certain thet nothing im | ceneenting the steps before the entrance, «man | portant wil be undertaken in the Baltic, and it le called Defelicts, & bat maker by trade, rashed upon | equally certain that even the reduction of Kebasto- im, aod atvempted to stab him, wat was stopped | pol to & heap of suins would not rid the allies apd arrested. of the necessity of « third campaigo. This | At Lyons over tapetens Genoveny haw been it ts which England and France dread-Pogiand, | reeotly made, bys M. Petot, of s means of im: | because a third war would give » fearfsl momenta pregnating wilk, Wy a chemical procem, with gold, | to the reform movement which srems to attack sliver, brave, or tron, so that it can be woven with | oct only abures, bat the historical assoolations flexibility, apd thus form, as it were, stalls | of the country—and France, becanw the patlecrs of thore metals. Permission has bees given to | of the Parisians might become exbansad wits too place @ specimen in the ('aiversal F.xhibition. di of the national coffers. There by wag The city of Paris, Goshed wits its euccemsfal | more jerous (© the stably of & goversmett jean of maty mililens, has just Ww