The New York Herald Newspaper, July 21, 1855, Page 1

: WHOLE NO. 6902 MORNING. EDITION—SATURDAY, JULY 21. 1855. “THE PROHIBITORY LIQUOR LAW. Arrests for Diunkenness Yesterday. ‘The wagistzates and clerks bave plenty of work 10 per- ‘form in the midst of this hot weather. The Leated term hap been steadily accompanied with an increase of topers@whose thiret must be quenched at almost avy cont, Besides, they take an extraordimery delight in taking their bitters “in spite of the Muine law.” ‘Thie incentive causes the drinker to be reckless. He mixes punches with smashes, ale with gin, and before he can repeat the order of exercises he generally finds himeelf esther lying blind drunk in a bar rcom, or reet- ing very vnessiJy on an uncommon narrow bed im some station house, The next cay comes the retribution—a + bad headache, name and reridence in the be eapnpers, ten daze’ ‘mptisopment in pronpective. Ali this for get- ‘ing upon ‘a slight spree. What a country! @ following table shows the number of arrests yes- terday for intoxication, in the several judicisl districts: Commitied by Committments ‘Firat District Police Court... Justice Boxart. Ww ‘Second District Police Court, Justice Brennan . 12 Third Disizict Police Court. Justice Welab . u Total number of arrests.....ree-cseeeeeeres 40 Aricats for Intoxication In Brookiyn. ‘The tctal number of arreats reported yesterday by the «police was ten, divided among the districts as follows :— -Opinion of Greene C, Bronson on the Prohibi- tory Liquor Law. So much has already been said upon our letely enact- od Hquor law, that I shall only notice a few poiate, and as to those shall de little mere than state my conclu- sions without much discussion. At another time I may examine the subject more at large. L Lhe Legislature has, in my opinion, taken an no- warrantabie liberty with existing gTights ‘of property. ‘The owner of liquors, who has acq: them under the @anction of the laws, is wholly prohibited (rem selli for use as w beverage, which deprives the property of smueh the greater part of ita market value; and he can- not sell for any ‘purpose Without flacing two sufficient sureties in five red dollars each, satisfying a Judge ‘that he is a man of moral character, ani making oath that he isan elector of the town or ward where he “intends to sell, that he does not use intoxicating liquor ase ‘and does not, and during the time he shall aeil will not, follow any one of some fifteen or twenty lawful pursuits specified in the act. are great impediments in the my of the owner, and in many cases hibition ‘against neltiag for ‘any purpese. The right to sell is one of the incidents of property, ‘and that which covstitutes its whole mar- value; and except where the merchandise has been uired for consumption, there is no difference in prin- ‘cipre between der pears right to sell aod depriving the owner of bis bene! interest in any other way. Our constitution provides that no person shali be daprived of fe, lberty or property witbout due process of law. Here thers 1s no process at all. The Legislatare hea usurped judicial powers whic! alone, and passed a sentence of the property. TAéquors kept for sale, or with intent to a1 ‘tion of the act, are dectared to bea public n: am of opinion that the Legslature cannot make a thing @ puissnce by merely it to be such. It must _ be noxious either in its own nature, or from the piace or manner of keeping or using it; ani whetber a nui: question fcr t! judiciary, aod nct for A public nuisance may be abated by ‘any one; but be will act the peril of b: able to rove that the thing was in fact a nuisance. The Legia- ture cannot make the evidence for him nor give judg- ment im bis favor. The c tution affords the lik protection to life, liberty property; and if the Le- gidature can authorize the destruction of tbe latter by merely branding it with an o!ious name, I BO reasoa ‘why ft may not, by the like means, deprive the owner of literty, or even life itseit. He may be denosnced as @ heretic and burned at the stake. Excessive dsink! cm a h beloag to A courts ong evil. It is au offence it it does not follow that lig’ juat either God or man, nor that the irzocent sbould be pucished as well astie guilty. The gifts of God ba] beabueed, but that furnishes only « sleader reason for devouncing the juisanes, The Sbuse cf intoxicat- ime of Noah; and “The law is open to many other objections. + gtievous penalties, arms inferior and irresponsibe offi- cers with cousual and arbitrary povers, paces juries, It inflicts q@uspects and threatens magistrates and other public officers, reverses the rules of evidence by presuming guilt instead of innocence, invites aggressions upon pro- , and in otber ways evinces s consciousaess in ‘who framed it that tbe measure could not be car- Tied into execution the ba Pans gp for enforcing ee! only refer to one or two of these rovisions. Under the law, the man who breaks into a dwelling and tases and carrics away liquor ‘asa thief or a robber, bas got a better title than the ‘owner of ibe house, for the latter cannot maiatain action to recover the value or porse sion of the propert: 0 OW without pro" that it was ‘awfully kept ‘by him.”’ Again, on the trialof any one charged with @ criminal of created by the act, the delivery of liquor is made prima facie evidence of sale, and proof of al in made sufficient evidence of unlawful sale, And ‘thus & man who delivers a bottle of wine to be used by ‘the sick, or at the communion table, may be convicted of a criminal offence and sbut up 10 prison, upiess he is #0 fortanate as to be able to prove his innocencs. Such 4 reflect no credit upon the age or eountry in which we live; in my opinion, the Legislature has gone ‘beyond itn legitimate powers if the law ‘been wholly prospective in ite opsra- tion, and had only forbidden the sale of such liquors aa might afterwards be acquired, it would have been free from some of the objections which ve been mentioned. But atch is not the character of The clauses which inflict penalties, weizure and forfeiture of liquors, are subj very grave objections; but these, with some poet nestions, have been so fully considered in opi- nions ly before the pubjlc, that J shail not dissuss at present, A plausible ip peter wanting for violent men- wine this Bat 4 prevention oe intemperance is Pd one among the number. The public good is always put forward an the end to be attained, ‘that is eo im- that no one is allowed to caestion the means of . But this isa dengerous principle, Under ee aaa the greatest enormities have been com- ‘The rights of all have been invaded because gome men abuse their privileges. ree The beds of in people have been wa ia many countries wo color of blic such ¢ men pul ; and under some ve even been denied the use of the ht to think for themselves upon the The lay fa question la Sas the less dangerous b ww fn gi bone lene erous because 8 ks soanlas it a class of men, instesd of ' tis the urusl coarse ia the ‘The attack commences on the It bas rarely bern des- ~week y Dappened that the privileges Of 4 Fi ing ag ee a single tow, wateh the first step. If other mercbante ao well as thos who deal in liquors had been incladed in the prohibition farmer ond tbe me- el had, retext, been denied the right to vend the fruits of industry, ali men ‘would bave exclaimed against the rank iojustice of the measure. And yet the title to intoxicating dricks ix as fect as is the title to any other species of property. we allow the rights of a single class to te invades, no pne can be secure that his rignts will not fali next Tl. If we aseume that the law is valid, I think [t does mot iy to ‘ted liquors. The frst oni general concludes by declaring ‘ th's section phall fo quor the right to sell! which ‘n this aot apply " te is given by any law or treaty of the United states,’’ itis rattled t higbest court in the Inni that the ‘of the United States give the imporier tho right to ie-merchandise in the original pactages, in this an’ other State The saviog clause which has been ‘quotes says nothing about naien by the importer, or in #, Nor abou sais to » particular eet ani without any qualification, to all soles of im ors There ‘is & provision in the 221 section, the act whell pot de construed 60 a4 to prevent the importer of foreign juor from or relling the same, in the original reckege orney room, authorised. by the ast to sell much liquors. a tite is nothing bat a saving clause wivbout any prohibition whatever, and I am unable to me how a general saving clause, which takes nil sale liqaors ont Of the intdenee of the act, com be restricted in ita operation by o subsequeat saving claus» ‘which gathorizes rales by the importer tos particu ar class of persons, but without forbicding *sies by aad to persons. There is undoubtedly some incon gtuity in the two clauses; but as one permits, and the other does not forbid, the unrestricted sale of ported Ro principle on which tho courts can de. clare a prohibition. They are not at liberty to guess that than was in the first section truth, there wase blunder, it is the bastness ‘of the ee and not of the courts, to correct the ieny rules have been given for the interprete- tion of statates, but mone of them will authorize the mistakes or supply omisrions in the retation is more directly applica- one which declares that pena! wtatutes should be construed pe IIL. Some Judges have beld that the pomalties of the oi4 Jaw may be imposed for tales without ® license between the first day of May and the fourth day of July of the pre. went year. But there is one view of the question which, so rani have observed, has not bees considered The case tands thus. the old law established ® Moonee »: from which @ revenue was derived to the government, end penalties were {mposed for polling without» license ‘That those ‘will fell when the new law fully into eect in agreed on all bands But as nothing bot the license cleuse bas yet been repealed im express | terms, it is eaid that the penalties remain. Ido mot think that entirely clear: Fie penaitioa were part ant roel of tbe license system, and there is much reason lor ssying that when the license was denied the whole rystem wee at an end. Bot this is notall. If both laws are held to be now Jn force the case willatand thus: tae old lew forbids rules without @ Hoense, and the new law denies a 1 both together smount to 4 to‘al prohibi- im apy quantity lees than five gal- a obibition acts upon existing riguts to property ‘the owner is forvidden to sell the merchsn- dire which he acquired unter the old law, and which by that law be could sell in any quentity on obtsinin; » Nees He in, ip effect, ceprived of ao large share of hie bereficial interest im the i roperty, and the case ty rutject to the objections which were first considered. itika swein the construction of statutes thet the shoul, it poseib’e, pe so interpreted that they may have effect. t can be done in this cane by folding thet the repeal of the license clause carried with it th: whole rystem of which the licenre was » purt; where ur, by bolding that the cid penalties are still in force it Ja very questionable whether the new enactment cer be supported. ‘This view of the question eeems “pot to kave been considered by those who bave beld tbat the oid penalties are stil: in fores. I will not close witbout expressing the bope that no- thing will te dome, either by way ot enforciog or op- poring the Jaw, except by an a; ‘to the courts of jus- tice. That is the orderly and timate way of set- Ding the queation. If the Judges uphold the law, let it be | no Jong as it remains in force, however un- iat y be its ee Forcible resistance can end io nothing bat mischief. azo from the past some of the advocates lem w of the law will denounce any man, be he high or low, and whatever may be bis calling, who either drinks a pas of wine, or differs from them in opiaion. iy ave already attacked the Judges, snd threats are freely thrown out that no man ehall hereafter be elected to the bench who does not conform to their standard. If they to on hag eg by rag’ attempts at intimidation, it is not to be doubted that they will find mselves mistsken, Ihope no man will distrust the judiciary, wake that « pretext for ae violence. E C. BRONSON. Naw York, June 26, 1855, Temperance Tournament. CHALLENGE FROM THE TRMPERANCE MEN TO THE LIQUOR DEALERS. New York, July 16, 1865. To J. N. Harwann, Esq., President New York Liquor Dealers’ Societ: Pm—tThe eoed Delieve the liquor traffic to be wrong, insemuch an it affects our dearest family inte- esta, demoralizes the community, sacrifices life and pro- perty, and burdens us with taxes toa most fearfut ex- tent. We hold it not only to be the right but the duty of the State to protect the people from the vast evils produced by aid traffic. We know that eminent counsel have declared the Pro- intemperance, and in effect declare] ‘ freo trade’ in Liquor. But these difficulties bave failed to discourage us, or change our convictions, ‘We believe the Probibitory Iaw to be wine, just and constitutional, and demancled by the alarming spread of “ptemperaneo, pauperism and crime” in our midst. We believe the law will be sustained by the courts and by the people, and it is not from any doubt on theue pointe that ita friends in this city have abstained from vigorous prosecutions. They desire to sho spirit of Uberality and forbearance. We would aubject no citizen to the entanglements of law, or place bis“ liberty”? or “progerty”’ in jeoparty, unlest it appeara to be clearly right, and demsnced for the maintenance of order, and the protection of the commumty, Wo shrink, however, fiom no responsibility imposed upon ws as advocates of probibition. We are prepared to meet the issue a3 men You ¢iffer from ua widely in opinion, You maintain that the Prohibitory law’ is uneonstiiutional and op- rensive, PrWe are no friends of strife. We would avoid meed- lera irritation, sunoyance or litigation, We contend for t principle, We are as jealous of vhe individual rights of the humblest citizen as you are. If the law ia any of its provisions is unconstitutional, we want t> know it If it is not, we sbali labor diligertly to en- force Under there circumstances, and in consideration of the difficulties thrown in our by the constraction put uy the law by the Mayor, we respectfully preseat the following propori:ion for your consideration and ac- ceptance.— fe propose that you or some one or more of the salasboes ¢° ty ee etn Society, #hall place usin porsersion of testimony of a character which shall be ‘as unodjectionadle as the nature of the case will admit, buat which shall be sufficient to evable us jointly to carry the following point; cn their merits anc io sepa- rate suits.through the various forms tw the court of last reror’, with the rd > ible delay: — 1. The right of the Siate to prohibit the liquor traffic, 2. The constitutionality of such parts of the Pronibi- tery Jaw as authorize search and seizure. 8. Whether the Jaw allows the sale of imported liquors by otbers than Importers, or in other than the original packs ges, except by those licensed under the act f Wheiber trials for misdemeenor under the law are confined to the Court of Sessions. We will consent to add any other relevant points which you may desire to sve testod. If tha proposition is accepted, we will moet you fair- Jy end honorably before the courts, aF swoere seekers after truth, and as law loving and law aviding citizens. If it is not. it will be regarced as aa unmistakable evi dence of the weakness of your cause, and of the little faith you bave in the position you have assumed, or ia the ‘opinions’ you bave so javshly #presd before the ubic. Pus Win. E. Dodi Samuel Insleo, Jobn W. Oli J, W. Bash, Roe Lockwood, Henry V. see, M. T. Hewitt, Henry Dexter, John Falconer, W. H, Wilison, Henry N. Beere, Joba P. Cumming, cc orth, J.T. Brooks, Joreph F. Joy, J. W. Lester, BC, Chapin, £, W. Ketcham, Tanac J, Oliver, Jobn Law, E §. Halsted, Daniel Tracy, J.P. Prall, J. Murray Police Intelligence. WHOLESALE ARBESTS OF PICKPOCKE TS. On Thursday, as the steamboat America was on an excursion up the North river, Captain Russell, of the Thirteenth ward police, and severa) of bia otlicera, who were on bosrd, discovered 4 nuraber of pickpockets among the excur:\nists. They were closely watched Sad werd finmolested until several of the prasengers had lost their purses and wetches, {t them thought high time by the police to arrest some of the party. Ia doing #0 a severe rouflle ensued between the olticers and pickpockets, who were stroax in nomDers. ‘They wero eventually, however, with the a‘ of several of the Pee en decks, wt wengere, caged In a emall house be " there confined until the arrival of the steawer st New York. Yesterday morning they were all tiken before Justice Welsh, at the Third D strict VolicsQvourt, where they were committed for examinati There were tight of the gamg eaptures on the festive occasion. ALLEGED GRAND LARCRNY. | Yesterday omeets Lord ane ereen, ws ures Court, arrested three persons, named Mizabeth ‘en Winkle, Julia Sheeling and James Monroe, al) residents of Water street, near Dover, on charge of robbing a cona- tryman peed Washington Hill of $59 in bank: bills The complainant alleges that when be @ 1 the place in question, he had the money ubout hie persoo, but soon afterwards mired It, He accuses thine women with baving stojep it, Monroe wee arrested on suspicion of balng lapl'cated In the roblery, v+ he in an oid frequent- er of the place. Justice Bogart committed the prisopers for examination. CHARGE OF SELLING LOTIERY POLICIES. Yesterday, sergeant Mensficld and officer Webb, of the Lower Police Court, arrested » man namol Joseph T. Burr, doing quaineaf it No. 4 Di with aelting lottery policies. The com W. Robineon, alleges that on the 14th | sold the ferbldden articles, eontrary to the lewa Btate. Burr was held fer examination by Juatioe Bogert. fom strest, charged Daniel A YOUNG PICKPOCKET Cavent. Yerterday afternoon, one of the Indy passengers of tho Northern Light had her pocket picked of » purse con- tain'ng $4 an! ber passage ticket California, Officer Farley, of the Reserve corps, arr 4 young rateal oa suspicion of being the thief. Cpom searching bim the ceketbook containing the above srticles was found tm hia pessensico. He was locked up by Justice Bogart, but as the lacy esiled for San Francisoo simost {mime diately after the oocurtemce the scapegrace will proba- bly, for want of evidence, get clear, CHARGE OF BURGLARY. Joneph Ausebeyer and Hirata Salaminskl were arrest fe! yesterday by ofliewr Mulholland, of the Teath ward olice, charged with having on the night of the 10th inat Purgicsiousl entered the premises of Bennett Turk, of No. 14 Division street, and stealing therefrom 27 ready made eonts, and other articles of wearing apparel, valued at $1,260. Some of the stolen proporty, it la al- , haw been traced to the purssarion of the agcused “apt. Norris, of the Tenth ward police, Justice felsb committed the accused for examination COMPLAINT DIEMISSED. ‘The complaint against Wm 1. Wateon, of Brooklyn, for false preteneos, preferred by Gideon Walker and others, as published in the Henarn of the 17th inet., was, on being fully invertigaied yesterday by Justice Brennan, dismissed and the defendant discharged. Mr. Watson Teqnests us to state that he was not held to anewer the charge st all, but merely remained at liberty lewe by ¢ Money at Tre Quanaynive —The crew of thetnres marted schooner Hapnlbal, Captain Kiipe, of Suffolk, Va, for Montevideo, now lying at Quaraatine, refared to got the vesrel under way yesterday morning, thrent ¢ning to stab the captain. who ‘bem came ap to the city to procure the aid of a United States Marchal, to texe the crew ou! of the veerel. End of the Heated Term THE WEATUER— A GLOKIOUS SHOWER, The heated term burned itself oat yesterday, and left the earth as dry and thirsty and parched as an old toper sftora long spree. On Thursda; og, about o'clock, the lower part of the city was visited by abower, accompsnied by vivid lightoing and heavy wiad which did cousidorable damage in Brooklyn, unroofing houses and upeetting chimaies, Strange to say, the rain waa confined to the lower part of the city, mot » particle of it having fallen above Fourteenth street. Up town people were a little astonished on reading in the newspspers in the morning that a heavy shower had visited the city the evening before, and suspected the news to be apochryphal, But yesterday we hada zsia worthy the name, and no mistake, It was none of your thin, miserly, uneven, teazing showers, but a gushing outpouring torrent, every drop of which was freighted with coolness, cleanliness and comfort to our city aad ite beat-oppressed inhabitants. The temperature fol during the afternoon to 79 dega., a difference of 17 degs. in 24 hours, The day continued to ita close showery acd cloudy. This fine abower, after the intense heat of the previous eighty hourr, must do incalculable geod io (the corm and potatoes, and’ will send peachra and berries into the cily in great abundance. It needs no Maine law to teach our citizens the value of good water in warm weather. The home made article is then acceptable even without the admixture of the contents of imported ‘ orginal packages.” THE HEAT—THE CHANGE. TO THK KDITOR OF THK HERALD, ‘The temperature yesterday was from 99 to 98 degrees from 8 A. M, till aftor 6 P. M.; average, 041; degrees for eleven hours, At 8 hours 30 minutes a cloud came over, charged with wind, thunder, lightning and rain. From 10 P. M, till five A. M. the temperature was eguilibriated at 80 to 79 de ea seven hours. At 10 A. M. it rose to 04 eg 6, and immediately commenced falling, and at 5PM. is at 70 degrees, » change of 24 degrees in seven heurs. Rain in large drops at 11 hours 40 minutes, and after that it fell freely. E. MERIaM, Brooklyn Heights. Friday, 5 P. M., July 20. E¥FROTS OF THE HEAT. The following cases of coup ue scleil have ocourred du- ring the last two day#:— Godfrey Ulman was prostrated by the heat of the sun at the corner of Washington aad Cedar atrests, He was ‘taken to the hospital. ‘At noon, Thursday, an unknown man was found sun- struck om the pier ioot of fey street, Taken to the Hos- pital. A man named Patrick Rosch was found in the market of the Third ward sunstruck. Taken to the hospital. At6P. M., eame day, @ man named John Lynch, aged 38, was sunstruck at the foot of Thirty sixth street, F.'R. He was taken to Bellevue Hospital and will pro: bably recover. At 93, 4. M, yosterday, an unknown man (ell at the corner of Twenty-fourth street and Second 8, from ~ pee of the sun. He was conveyed to Bellevue Hos- pital. Jobn Conner, a maron, was sunatruck while at work op @ building in Greene street, at 114. M. He was con- veyed home, At 134 o'clock P. M. a German pamsd Letloas Stickley, aged19, a blacksmith, reaiaing at 115 Seventh avenue, Was supstruce, and died in twenty minutes. A pnyni- Fee ettenced, but was too late te render any asal ce. ‘An {quest was held upon the body of Martin Demo- sey, a laborer, who was supstruck while at work in the stab‘escorcer of Madison avenue and tieth street. Algo upon the body of Mary Flynn, a donestic, who was prostrated by the heat of the sun oa Tharaday, while walking in Third avenue, near Thirty fifth street Martin Brennen, a laborer, residing at 145 Elizabeth street, waa also sunstrock on Thursday afternoon, and died soon afterwards, The jury jimall cases rendered o verdict of coup de soleil. BFFRCTS OF THE HEAT IN BROOKLYN. A laborer named John Dwyne was prostrated by the heat yesterday in Bedford avenue, while employed at out door work. He was immediately takea ia charge, and the urual remedies administered, by which he re- covered sufficiently, ic a short time, to be pronounced out of danger. A woman, Hennab Raér, residing in Mill atreet, became exhausted from the effects of the weatber, and died in consequence, She waa 40 years of co, and a native of Ireland, A young womae residing in Garrison street, near York; died suddenly from the effects of the heat. Sho wes left alone in a room for a short time by the woman of the house, wko, requiring her aid up stairs, called, but receiving no onswer, came down, and found her drad, in a sitting posture, in a chair. THE STORM OF THURSDAY NIGHT IN BROOKLYN. A building on Fulton avenue, near Nevins street, was demolished by the atorm on Thuraday night. It was of brick, four stories in height, and had just been roofed, and was consequently not oocupied. A but!‘ ing on Red Hook Point, occupied as an oil fac tory by Messrs, Gwynne & Co., was completely demo- lished: and a building on the opposite aide of the street, occupied by U. B. de LeVengine, in the manufacture of lubricating on, w: rably damaged. ‘The pumping factory of J. 8. Gwynne, Ester’s boiler man y, and several of the Atlantic dock warehouses, were more or less injured by lightuing and tke wind. RAIN IN BOSTON, Boston, July 20—P. M. We were vinited with « very refreshing rain thix fore- noon, aad the weather continues cloudy, witha fine ensterly breeze. The thermometer siands at 75 degrees fa tho shade WEATHER AT PHILADELPHIA. Punavenrma, July 20-9 P.M, The weather has been very sultry here during the day. Astorm commenced at 6 o'clock this ovening, which decidediy cooied the atmosphere, INTENSE HEAT IN CINCINNATI. . Cineiwnatt, July 19, 1865. The weather is most intensely bot here, The thor- mometer is at 96 degrees in the shade, Wasinworow, July 20, 1855. ‘The thermometer stands at 01 dog._in the abade, Brooklyn City News, Tue Cry Exvesars vor 1456,—A joint meeting of the Common Council and Supervisors was held last evening, at the City Hall, for the purpose of preparing tho annual statement of expenses required for the comsolidated city for the year 1866. The following is a summary of the Appropriations made:-— Amount necessary for interest For inatalmenta of Jans and 997,578 70 Gommon school ‘purpoves General purpores.. Fire cepartment, Lighting streets. z *) $6,100 00 Setting gaa posts in 1562 (to be raised ta the fret five wards) 5106 % Cleaning #treets and repairing welle «al pumps, &e., inclading ward maps of Lbir teenth, Fourteenth, Pilteomth, Fixteesth aud Beventersth wards, and $1,000 for » fire telegraph ia the Lartern district... soe seerees ees, 065,008 46 Ry this statement (t appears that the whole expenses of the city, and the severs! paria thereof, for 1550 will Total... be S085. 005 46, excius of the surplus asseta’of the late city of Lirook!yn and town of Basuwick, of which $160, 406, {tis eatiosted, will be cerived trom the city re verue, and the bamnce, sinounting to $546 606 45, will be raved by direct tavation, The board transcted all tbe business before thes, and adjoursed. Acvaciocs Romy wr Bors —Yesterday afternoon, during the severest portion of the storm, a wateh valued at $160 war wtolea from the cofia warebour? of Mr Ba'sley, in Court atrest, in the following manner —Four boys ran uxter the awning in front for wbelter from the ihe ¢nugbter of Mr. Bsisiey bad rent to the ing the store ebe laid it the ruom for a few m taken ran after {t, and at the aame thaw sexi b, put to his "heels, and, with his companior ut of wigot. Altbongh several persons w bout, it waa done so eudienly that they take notice of the boys, and could not describe They were pursued, but Bot overtaken. ‘Theatres and Exhibitions. Reoanway Titeatey.—Boureleault’s"dracs, “The Irish Diamond,” Mra. Williams ae Andy i Mr, Wiliams as Mulrooney, « schoolmaster comecietia called Patience and Perseverance’! will fol low, Mrs, Williams s» Patience, a Yankee Indy, and as Allen, on Irish Luotrers, The amusements will close with the “Recollections of O'Flannigan apd the Fairie Nuwto'# Gaxvex,—The performances of Mr. Burton drawing lorge audiences, pears aa Mr Timothy Toodle, in the amusing plece called “The Too ales.” Wherever Burton appears he is always sure to Janne and reepectable audience. Ia eidition to © aentionsd pirce he also appeni the ‘Mumm: Powxny TimatKs. will conelace the gp Will be the last ‘The Prumbard” w as Toby ¢ performances of th gement of Mr. Goodall, one of Mire, Ward's engage Woon's Mixernms This baad ts still playing to large audiences, the house being every night Wel. Oiled The bill Of this evening consists of megro minstesiay, dace ing, and other emuring footares The Rag of vhe Joseph Walker. CONTINUATION 0," THE INVsSTIGATION EXAMINA TION OF THE HESLTH COMMIDBIONERS AND THK CONTBACTOR-—OonrkACT TO BE SUrPRRSSED-— ‘HE CONTRACT OF JuiN6S AND BARNES, The committee of ‘hs Board of Aldermen having ia ebarge the investigation of the matter appertaining to the costract for the rainiog of the Joysph Walker, met yesterday (Fr.day) afternoon, and resumed their exami nation of witnesses, Present, Messrs, Akiarmen Ely, (chairmea,) Voorhis and Varian. ‘The fret witness called was Dr, Wm. Rockwell, Reai- cent Physician Alderman E.y—I will tell you what we want to ascer tain of you. If the case was as usual, whether the no tice that you received to attend the meeting of the Stn of May was in the usual form, and received in the usaa way. We want tobe set right im that, for it haa besa said that there was an intentional omission of some commissioners. Dr. Rockwstt—I think I reeeived the notice the same nn Atleatio Insurance Cons; jhe “thet be w Uke to see the rest of the weltrertins aN pe, roe delay ne saw them all, as | understood; | waw thea told ‘Moyor was receiving proporala to have the veesel moved: I waited om hima aa asked f 18 waa Ho, to, otmitng vorrensove hor for $5,308; tet ropboal i offering to’remove 3,500; ro} ts datea the 26th. hi Alderman E1y—Thia ia dated the 28th. Mr Banmes—-That must be an error, | take it tawly gave in my proposal on the Th: and waa told to call back on Monilay, called om Mr. Jonen, and he would not sign the co: tract, bu said the city had taken hold of it. I tien nt to the Mayor, and learned that he lst amo a cou- with anotber party; but he added that party id effect « negotiation with that party. Fre oak to me As 10 errors in my proposal, but ri lod re 10 believe it wae all right. 1 offered any errors supposing be bad proper biaaks o@ T bad been working about the wreck up to this time: dey as that on which we met; it was ax usual; I came | the #th april. The vepth of water around the ves here, as | unually 9, at about 12 o'clock, and before | T4nsed from 20 10.80 feet, anid om hor we steuck at from 10 it the meeting waa held; the mecting was held at, aay cscsded De aoe hee ten he oho coeesinonines ‘Alderman ELy—When you received the notice, wore | 123 Position, or I should wot paces ie nor ebould I allow my sons to bathe at that pl they do because the water is cleaner at that place, not being so many abipe around to disturb it. 1 objection, as far as I am concerned, to the comm reading that contract por do I mi being puoliabed, whieh you aware of any ppecial object of the meecing? Witnrss—fomebooy raid to me thatthe Mayor had a matter that he wished to bring before the Commissioners of Health; but I did not koow what toat matter wan 1 Et Alderman Euy—Had you any coaversation re ative to the subject that you acted on with the Mayor, provious to the meeting of the Commissioners’ Wirnnes—No, 17, It contains nothing criminal, Iam pot still working under that contract, {t having been cencelled,and a new one effected, when’ Mr, Dodge joined me in’ the eater- 4 h cf Alderman E1i—At the mooting was there a majority of | Puy ‘ontens ne odes freee tue Genel, tated, enn of the Commiamonere presentr i them take their meals over her, Neither have | ever Witxxea—There were four present; there was the | peard apy human being so comp! to my knowledge Mayor, myself, Dr. Miller and Dr. Downing. Alderman ELy~ At this meot'ug there was & resolution sayy shard it passed aaly? It was #o stated 1y the Mayor. ‘Wirsxss—I believe that it was; it might be proper for me to state that the Mayor said io offemmg this resolu- tion, thet the vessel bad been up to the surface of the water, apd thet it very offensive, be said that it wan very denirable to get it psssed at once; the preamble spenes of its being removed before tue hot weather; hence it waa Ho desirable to get it up at once. Alderman ELy—Hed your attention been called wo thia ily, as Resident Physician of the city, be- Mr. Watson R. Jones then consented that the contract should be put in beford the committee officially, and it wasto taken — AGREEMENT ENTEQED INTO TITIS DAY BY WALTA&R RK. JONBS AND CHAS. F. WARNES. New Youx, April 30. 1855, aries F Barnes, do boraby agree td raise, float 0 elip, 10F ral ange discharge the OF into vessels at the to matter of fore that meeung? Witniss—No. Alderman Eiy—Was your action predicated wholly on the representations mace by his honor the Mayort agree Wirsvat—It was, sir. pecfarmiog the maid Alderman kix—bo you know why the roselution dl- | jones served that asid Tarnes rected the work 10 be done in conjunction with the * hat weid! Mtreet Comminsloner inatee) of the City Inspector! I r will explain the reason of my inquiry: We used to de- volve al cuties relating to aumitory matters vo the la spestor—I did pot know but that you could assign somo reason for this chany ‘Wrrsraa—I do pot lect any of this; my impres- rion was at the time, that the Comptrotlor would unite with the Street Commianicner, and moreover that this course was to be taken that the amount might not be taken from the Inspector, who complained laat year ‘tbat his eppropriations were crawa Pore, and for uch a4 be had A ed. It her agreed fat public auction immediately ready for amie, and that anid vo you, a8 oy wea'in any wise halt’ per cont sommlesto ITNEN— No, It is further agreed that if th; ter allow any or sume for tha removal ot an Exx—There has been considerable talk an to ut that this money was drawn, as ing | equally di throv, the Street Commissioner; to some degree what | ther saree you ia explanatory. the work whieh Dr, Miller, Hoalcti Commissioner, was next | {h* ,, ince sworn. Alderman Ety—Shall we say that #0 far as asked you make the tame replies ? to Ther may PRICE TWO VENTS. INTERESTING FROM EUROPE. ARRIVAL OF THE CANADA’S MAILS, The Russian and French Official Accounts of the Battle of Jume 18, THE FOURTH OF JULY IW LONDON. OUR MADR CORRESPONDENCE, do., a., se. The steamship Canada, Captaio Judkins, arrived at Boston at four o'clock yesterday. Her mats wore re- ceived in thie eity aboud rix o'clock im the afteraoon. We are indebted to Capt, Juckins for the following ‘atest despatch from Londen -— Loween, Saturday, Jaly 7, 1606, The Times, (nite leader tlie morning, considers Gea, De Berg's account of the Hamgo allair a very eeantis- factory, as be does not explain why ve warming wag given to the boat, ff the Russian eutposts did not choose to let her land, or why the party were not captured, as they might eanily have been, bythe overwholming force that lay in waiting for them. Adespatch from Barcelona, datod the 6th inst. , says: — ‘The strike of the workmen continnes, The opposition «ise passive one, The assassins of (he two manufacturers at Darcelona have been arrested. The militin remem faithful, A deputation had been sent to Madrid: The bark Ashley, with coal, from Liverpool) wee de- stroyed by fire on the 30th ult, The Times city article, dated Friday evening, saga — The Engiish funda opened steadily this moraing, amd subsequently manifested a tendency to improvement. Rank stock experienced an improvement of one half per cent., owing to the announcement that a branch ta about to be established at the West od of Lenten, Notwithstanding the extra demsad as usual at tts pe- well aa in the discouat market, The French aad Kaglial governments had agreed to guarantee a Turkial lone of £5,600,000. Gold continued to be sent to Paria, but notte Jarge quantities. bullion in the Bank of Fagtemd bas decreased £160,491, . Our Madrid Correspondence, Manaiv, Jue 20, 1668, The Oritical Condition of Spain—Inirigues of Leaks Na- poleon— New Spanish Minisier to the Untied Statee— ar. Perry's Le'ter, de, de. After several Jays of arduous labor, the Minister o¢ Finance presented his project for covering the grest de- ficit of ten millions of collars, without reeult—he le ne fipavecier, Inthe meantime, the country 1s verging to- wards ite ruin, and nothiug less than complete hawk. auptey cap be hoped for, Such a state of things caanet endure, and its prolovgation jaan absolute discredit te the liberal institutions of this country, Ai} means pre- sented for covering the eit are nothing more team ITNKAS — NOt altoget! | claim or claims Saget Alderman E¥—You received your petice in tho usual | ALT performed ms bers WR. JONES, (a ©. PF. BARNBS, (Soal.) Gronce M. Conn. Mr. Dann, Donor, ex Aleman of the Second wari, ‘wee them sworn 119 made the following sta:ement — Mr. Karnes was introduced to me about the 7th day of May, and he tuld me he had the contract to get the veasel out; he was introduced to me Y Mr. Libby loobed at and talked ebout the way of coins it, « wave Iny opin'oa that he could not do it in the w: way? Virnem— My impression is that Iwas invited in the usual way. Alderman Fiy—Had you any knowledge of the object of the convening of the Commissioners ou that day ’ Witytas—My impretaion is that | haa; that is iny im- pretrion, Aleerman Fiy-Had your attention as Health Com- aire 7 been called to the Joseph Walker? Wirnxtss-- Not offically; my Cy Tean ehena the grounds in ‘space if you will al- low me to make @ statement; at about tbat time | had rome ‘nformation in con viduals, but never with the Mayor, I think, up to the time till we came into the meeting and heard the sub, J b ker mentioned, 1 king for her removal for some two yo pity, man ILY~I do not know that we need go Into all those particular y he was acting, 1 teld him ! thought he ship might he taken out, ond fhe put ber In a certain condition | would take bold of the matter; the chains were uncer ber, or T would vot bave Cone #0; the contract an‘ « list of the goods in t hip were brought to me. it was also rr marked that the city would e something to removed, and Iwas to ha f of that Mr. Jos1—Loen the agreement any 60, Mr. Dodge? Mr Donax—1 am only atatiog what I was told; I * called on Mr. Jones, and then looked over the contract, Wiss resumed—I received the usual notice on tho | poping owe modifications thet were mate, and day specilied; the preamble and resolution were intro. | Dew contract was drawn up and sigaed, bir. Jom cured by the Mayor, the question wae put in the usaal | ing that it wae not known what thecty would in the matter ; thin contract wae dated on the "th of Me the first timber was delivered oa the 17th; the pi were driven oa the 1th, and then it woull bs found that the chains had become weak whero they had come in contact with the copper; I found out svom efter that s contract was made detween the Mayor and Mr. | Jonen, and t up to nee on what authority; I thine this wan two or three weel after! marie the agreeme) form, and it passed Onanimoualy; the reasons that I vo ed as 1 did I shall be very happy to'explain, if the commit- tee wien to beer the: if pot, Ihave no mot to nay, — jgnte thir matter; the whole of it that we thought that the Mayor Comminsion: ra were convinced thi ite removal, it would be done; that was the principal resscn of ovr action, or rather | should speak for mynelt ; I remarked, that under the law | should not have rigaed the contract had | kmown of bis airangemenmt, I also made the same femark to Mr. alone; of course, | cannot answer for my colleagues. Jones, and ince | learn that fod of the eottom hes ‘Alderman KLY--Had you any knowledge that ho had | been taken out; | war also told that there was some made a contract previous to your djrecting him to do so’ 3 beef in her, but cannot find traces of any Wrtwares— ly impression fa that | knew he had taxen onva—1 do not suppose $20 worth has been out. Mr. Donar—~I told Mr Jeneu that I thought the pro ed to the cit rome steps for ber had no knowled, oval, but what, knew not; I of the contract; as to the contract [ not posisi wiar; I hat heard that te ty belon d wan told that the M beh ton then. are aes ee baa Ml claim for reimbursement; the Alderman Fiy—Had you ever beard any person sa; alro told me this en teo oocasions, particularly second Interview with him: he seamed to «p own name, but !uoderstoo! him aa re of course; Ihave been spoken to rela’ Tru at $2,000 or $3 thie that anything srising from this wreck was to them of fevaive, or in their judgment tending to jeopardize the public bealth? Wirnrss—TI believe 1 did, Alderman Exy—Cen you tell us who that person is? Witnssa—Benson, I think the gentioman’s aame is. Alderman, b1Y—] mean, whether previons to the time you acted on the subject. you Sad néard any person ex- presa the opinion that it was already offensive’ Witxves—Not to that time; I understood Mr. A. G. Bepaon to say that the vessel had been up to the aur- face, and then that the matter in it was oflensive, Alderman Vooumura—[id you judge, in your offisial capacity, that it was offensive to the public TW irxvee—I gave my vote op the question asa ‘ macy of us that bave bern in the Common Council fo; T iberefore gave my vote by silent conseet, the idea was that the chief megistrate bad determined in his own mined that a certain object ought to be sccomplished for the public good,and I did not think that it was in my position to thwart him, and therefore! gave him an affirmative vote. Dr, Tuomas K. Dowina, City Inapector, sworn — Alderman ELx¥--Did you receive a notice in the usual way to at'end a meoting of the Commissioners at the ‘time that the ‘*Joseph Walker” question was acted on Witnrss— At that mesting I did. Alderman Kiy—Do you tink that the meeting waa held at about the uxaa! time’ Wrinrsr—Abcut the unuat time Alderman ELy—At the time you recelved the notice are of apy «for whieh you th y expenditure agreed to incur ia behalf of the city, the agree ment Léeing an my letter states: thin he Gistinetly agreed to and underatood, and, farthermore, all the rights of the elty were assigned to me under the contract Aldermas Kix—I would lel to askybut you oun take fxception to it, 1{ you made the contract in your own bebulf, or if others were in the undertaxing—iadeo! who was to share in the money receivea? Mr. Jonw—Ip the plunder? A German Fiv—Yee | xccept your word Mr. Jones then related how he had coms to look after tho matter Put without anawering the yuestion Alcerman Voornm—Do you know Mr Van @hnde? Mr Jones He ia in wy oflee; he ie oot ® partner, | por solerk, but a general ageat, we do business to- aotber Aldermen Ei— Did you ask bim to make an extinnate’ Mr. Joxse~ Ido not think that [ seked him, bat knew that he would. propose. Alderman Fiv—[Ad you know what price he was going to put int Mr. Jonus—I guessed, but! did mot exactly know Alertoam Liy.—You' intended that it shoult be « little over yours! That is the usual procsediag Al¢ermen Vooumm —Of couree. Mr Joves--No comtesct was made other thar L gave s bow! for 64,079, and was Witsmae— 1 wee not, Td you ever have your attention offi the | Ww eck of t ker’ letter that parsed. Le ring the health set of the citi, | 10,give the ante for 90,000 if It was required previous to the Oth cay of May. ‘The investigation here clove’, and was od)oarned over | when Mr. Waller RB. Jones objected to the ccntiact shove ippertes, anda motion geetion of Alderman Varina, re eid not 0 Eiy-—Had you ever bera down npon the revious to this meetirg of the Commie ners of " 14 not be so published. Mesere " i Treat Yor the purpose of exam ning that wreck (stare sus Vera neato they bat no Pi . to loterfere with the reporters am ir ta t fe you ever been lovited oF 16 | sceument beisg properly before the Board. They, how ‘apecity to vidit that location, aif the health of tne city wer ever, agreed with the resolution as & request ued in any way? | had pot. | Fiv—Had you reecelved information from | any source that the heath of the city was jeopardized by this wreek! ‘Witxese—I had not, previous to the meetiag Al@erman Fiy—I» all that you ever heard in relction to her jeopardizing the henlth of the city—ts all that jou lesrned from the eommnofertion of {Le Mayor oa the dey that this meeting was heli? Wrrames— Yer sir, io the Mayor's offite on thet coca Kon. Withers continued to reply to queries from Alderman Base Hall. ‘The Lnton Bese Ball Club, of Morrisania, Westonenter we New York permanentiy ergeuived oo ning Inet. bumbers at present twenty members, under the direction of the fol vin, ~Thomes F. Batten, Presitent Vice President William Cauldwell, & eretary, Jumes L, Parshall, Treasurer, aod Thome Greener, Game Keeper, Tbe club meets for (elt exer sive Cn Mentny avd Pridey aftereoous, at fre o' elon thr lowing officers, Henry Brantow other paper than the preamble s submitted to th tions or communicat old the Mayor make merely introduced the reroiutio ft ls very ape | latin, a of th yo be trans | foted through any (+ partment but mine, aad | rnp | t would be done under my discretion: [ didn We Isarn thet at We Menasenory Acetoest at Weer Port 8. Wonderly, ome of the enter tad while bathing in the Hudsow oo Thereday even ng. A telegraphic Gepstch of the mut event mwetiately vent to t | fn err ‘the tie of meeting, keow that the Mayor bets 7 ryoss . ss made apy contract, | bed 20 idee that car action wa | °f the eMlering eneurtwece, intended to legalize any previous vings, 1 unteretod | that various ways bal been * tel but | parsed no thong confirm wnytbing past. | he nd & halt yours inat July, and do not r cane of panitory work belng done by any coe but mysell dorieg thet time, The priccipal in «lo my vote wee found to the ec neideret. 9 I onderstocd, {1 would become pe a! wes told, bare at low water the Mayor reepoosible. The Mayor #tate? arnumme the responsi? lity uy dre river, The b dy of th de pee of bin parents doceneet en Can 41) Cherny ahewet, where the Phe bedy of 2 unk pown woman was found Sonting in water near pet ®, North river. The decensrd war oe, amd apyenrel to hare very reapeerably eee bab a chert time, Am ieynest will be held | | | A | o } | } | Mr, Cusnirs ¥. Bans aworn, salt, in aovwer to in “| Md give » brit ie — could gives by pistory of my re matter Frnew ehonut thie Jonny nb dereey City News Prommornams.— Yesterday, before (incor " burned, but having other business on bend tion wae not nt that time called to ber » 24 of April laet I war owt of basiners there and surveyed the lerality en then learned = that sy Oi tom pts made to get her cat | assed ebout {t set © to Elwood Waiters, the “eeretary of the writers, aod alro to the owners | wdividually, on! learned that they ond G4 got wish to meddie in it. Finely ee wad ‘ere referred the mater to Mr. Jobe 0 Jowee of \ ine Com tone Commell on Thareday #res.ot ialary Ge ypapes was Clacwaent, wed led © posenge wt (be ner! merken | Cueto, bat ne {mpor'ng taxes, whilst the only proper aad principal method would be to cutdown the salaries of the principal officers of State, which amount te @ scandalous ecm, for fromn calculation made in the auditing department of the Ministry of Finance, the expenses of the month of July will amount to @5 000,000. The Commission of Katimates have fixed the expentes of the Ministry of Interior, for thin year, at $2,500,000, the Navy at $4,000,000; amd the Lepartment of tate and Ultramarine Horvice at $550,000, We sball sve if, amongst all the ways proposed, ome will be found to be udminibie, Ieee bankroptey staring as in the face. Nevertheless, the centre and extreme left of the Chamber have proposed a plan which might be followed, of covering the deficit by volautary eubsorip- tion. The Aircussion concerning the Inwa which were te be conaidered sa fundame bas bean long and bitter At lant they have decited that there shall ve the ‘'Hlae that relating to the relations between the leginlative bodies that reiating t goveramest, whether provinelal or yal, orgerimtion of tribunals, tow concerning the press, aod that of the national miMts. The government has agreed to this it was expected, materia! opposition on the part of the clergy bos attended the firet measures carried into execution under the sew law of reisase from mortmaln, ome bishopy have refused to deliver up the property of the church ta thelr dlocesses te the administrators appointed by government to carry out the provisions of the iaw. ‘These proceadings reveal the turbulent epirit by which they ere animated, bet these rebeliioun wecleninetion will be judged and punished by the law, anworthy shephe giviog euch bad exampte to their flocks. eutlon to the goxzel om hortations of 0} nd peace, Home arrests of theae ntry ati] occur nent, by manne of (te gendermen, ng the frontiere They caught, the other day, ot to enter Bpain. The Free the real Jowtemolin & proteg too clever to allow « re’ jar, Ia the me ean, and tries to conviore them thal diplntererted friend, whilst at beart he ls the moat dam- gerons enemy of thelr revolution and Of all they hota mort é piele- r ‘The Cortes have given « vote of thanks to the ( Gecerst of Cubs and to the troops and militie ta thet inland, for their in the Isto pertarved state of affaire. eter of War |) Downeil, said the other day in the Cortes, that between Orense, the celebrated democrat, . yeweed an imparrable gulf, and threw back, is the pame of the goverement, the epithet of « Cyreat of Hous,” apple by the latter to Louis Napoleon Aw won as the Cortes Co fomething to relieve the govern ment from thelr present etealte, they will, probabiy, ruspend thelr rese ome for & time Tem Alfonso Kesalernte bes been pamet Minister Vie nipotemtiary to the United states, in the place of M. 4 yet wants (he approve! of the Cortes, be lea Copu ee NaeMonsive wort of per som, but & complete aulllty as regards Mats bosinees, and pot very emi gh! par tero imeites vpow Mle nom naten A ltshelation of Mr. Perry's letter to the Provident, Cefending bimesif from the ipjurivas accoest as of ae Mintater Souls, ber been publiehed im si) oer papers here If it were net for | correspondent, I would able opinion of this country in reper letter of Mr, Perry, ebo hee appreca ‘ham Sotle the trae character of Loe Sy Ste ey mpathien townrda the {nite #ia tes uct of Peary ae comirarted with tate’ ™ ration and prodeves in ibe ous of hit communtostiom, he. Now itat the (illerences latwern lolh nations sae happily [na way ef Veing settle’, th “of worlby representalire, fer tecetgt, will accelerate a falre The ebolers oc stingers ma ut hase herg og enrages in rome ef the Matrid, thoes ia re ye a a } Perciy oa. ‘sithovgh the beat is exeeantve. EL CD. } pass pxation THe WAR, | THE DATELE OF JUNE Is Tue ROMAN ACCOUNT OF THE Arras i de Howe wmye bare jest recewed the following “+ | trem A. \e Ge comp Geperal Prince Goriech & cacit ot the French om the Oth (16th) of +1, 200d 8, amd Kerniletl, of tue les of sa leotepel, an of theu repulse by the K opener ot ve boots terrepled broaden Ore ie retarm At ne |, The Beriegers opened tana, The fre. june ef car Celene, lnwted evening A} Gusk ant throeghow shells 04 rockets inte f the worth pve A of filled feet at he rear wtend ane Of ite projectiins fei Et sapribbe conpomate ned imeeeant bowbar pet grevee! the brave Getenders of eve stop | ey repeuing the Cnmeags fone to cf front amd Come fre hb he one | «peed by new ones om © rein A the thy (MR) of June we vere pm |e reemive ant Or x the wo es bet mm the © aatt pean coe 400 (lows om the lett © ot te own. The greater porves inte {Re pee without touching ver gar line of te regiment ot the bw Of reserve, comming of regime e's la the Koretled {tee Mink Oat Vey es Pavtion ond im VOq Ctrvaly Maltery