The New York Herald Newspaper, November 3, 1855, Page 2

COURT OF SPECIAL SESSIONS, i blebs PET Beckien of the Recorder in the Case of Coleman & Stetson. HE DEFENDANTS DISCHARGED, &e., &e, &o. Recorder Smith yesterday morn!ng, in the Court of Spe- ela} Sessions, delivered his decision in the case of Coleman & Stetson, charged with a violatton of the Maine law. Phe courtroom was not more than usually filled with spectators, it not being generally known that the decision would be given at this time, The defendants were pre- vent, with their counsel, as was the prosecutor, Mr. C. J. Warren, and his counsel, ‘The Recorder read the following decision:— The complaint in this case is made under the first seetion of the act entitled ‘An act for the suppres- wion of intemperance, pauperism and crim April 9, 1855. It is by the prosecatian that the visions of the section have been violated—first, Heat the efentiants have kept or deposited in’ toxicating liquor in a place where bylaw they were not entitled to keep the same. Second, in selling it in a Prohibited by the act. Third, by selling it without license prescribed in the second section of the act, also contended by the prosecution, upon the ques- ence, that the must prove that the exception contained in the firat section of urt hold impo) liquors to be ex- cepted. figs this case as careful an examination as the limited at my disposal from duties, would permit, and the result nation bas been to convince me that the charge can- pot be substantiated—not for want of evidence, but for the reason that under the law there can be no eonviction ; and J have come to this conclusion after w careful perusal of an argument presented by the counsel for the prosecution, of great ability, ind@us- that can be sail in favor of argument; but it has failed to sat me that the revious decision of this Court should be disturbed. Tne argument presents questions not necessarily in- volved im the case under consideration, and in fact embraces every possible question that can arise un- der the Jaw. ‘The only question necessarily involved fm this case arises under the first section, as to the @onstruetion of the latter clause of the section, which is in these words: “This section shall not a Fd to liquor the right to seli which, in this State, is iven by any law or treaty of the United States.” , of course, refers to imported liquors, Upon the ‘question of the exemption of imported liqnor from the operation of the act, I have no doubt what: ever. The exemption clause’ is free from all ambi- goity, and I cannot agree with the counsel for the Prosecution, that the 22d section explains and con- ‘ols the first section, or that we must taxe the title of the act and the 22d section together, for the yarpose of arriving at the true intent and ‘meaning ef the first section. This might be proper in the construction of a remedial statute where the lan- guage was ambiguous ; but courts have no right in onstruing a highly penal statute to infer ‘an intent en the part of the Legivlature in passing an act which is expressly negatived by ambiguous language, im order to reconcile the provisions of the acc with ita title. re is a material difference in the con struction of remedial and penal statutes. In the ene eace they should be libers!! rued in favo ef the person or prope aifected bh nm. TMerefore, if it was the i: ¢ Legislature to in- elude both domestic an! iention mot being expressed, « er judicial con- struction, for all infer t of the most Bberal construction 0! tatute that is in deroga- Pion of the common law vuich affects in this case Mberty, reputation and ety. It is true, as @aimed by the prosecuiiuu, thai “one part of a statute must be so eonstrucd in reference to another that the whole shall stand.” But in this ense I see no necessity on the part of the p-osecution for invok- that rule of construction. ‘The latter part of the first section and the 22d section are not in conflict —they can both stand together. the second sec- tion “‘‘no person except a citizen of good moral cha- racter, who is an elector of the town or city where he intends to sell intoxicating liquor, and who is nota pediar, nor the keeper of or interested in avy boarding or vietualling house, grocery or fruit store, or any bar-room, confectionery, inn, or other place of public entertainment, er the keeper of or interested in any museum, theatre or other place of public amusement; nor the cap- tain, commandant, agent, clerk or servant of, or 01 any vessel, boat or water craft of any kind what- ever,” can sell intoxicating liquors; and before such eitizen and elector can sell it he ‘must procure the permit and give the security mentioned in sald aec- . Ht is perfectly clear, if the clause as to im- in the 224 section, had been omitted, that so as the letter of the statute is concerned, import- ers could not have sold liquor without violating the xpress terms of the act, unless they obtained the Meense, and that license’ could not have been ob- vhey were citizens and electors of good er. Now, it will not be that an importer murt be a citiven or an elector, or a person of ood moral character. Any one may Import who pays fhe duties imposed ‘by government. fhe State Le- gislature cannot enact valid laws that will interfere with the commercial laws of the United States, ‘Therefore the necessity for the exception as to importers im the twenty-second section, ia order to make the act en its face one that would nut conflict with the laws ef the United States as to importers and their rights es defined by the decisions of the United States eourts. The right to import is extended to ail, without reference to citizenship or character. An4 the right to import carries with it as an inci dent to that right the right to sell. This being con- eeded, was not the provision as to the sale by im- porters deemed by the Legislature necessary, in erder to avoid a conflict with the laws of the United States, and with the decisions of the United States courts, conceding to importers the right to sell im- ported liquors in original packages, without any re: straint by State legislation? I think it was iuserted as declaratory of the existence of that right; but it certainly was, (so far as the simple right to sell was involved), wholly unnecessary, that right being an existing right, independent of State legislation. But so far as regards the disqualifications or re- strictions in the second section is necessary, if the letter of the statute is to be regarded as the law of the land. It is, therefore, clear that the provi- sions of both sections (the first and twenty-second) can stand without conflicting. There still another view to be taken of this law. For aught we know the opponents of prohibition may have inserted the exeeption in the first section for the express pur- Pose of authorizing free traffic in imported liquor; &nd “that, without that provision, the act might have been materially moditied, or perhaps never have become law. Butit is enough for courts to know that penal statutes must be strictly construed, and that when the language is clear, if the law is consti- tutional they must give to the language its ordinary meaning. In other words, courts csunot infer an intent against express language,’ indieating something entirely ent, which, in this case, must done in order to meet the views of the counsel for the prosecution. I can- not 0 interpret statutes. Upon the question for proof, ‘the prosecution claim that it is sufficient for them tu simply prove the sale of liquor by the defendan':, and that if the defendants claim the benedt of the ex:= jee, they must prove themselves within it. In othe: Word: that the dofendants must prove that the liquor pold was .2?orted liquor. In all criminal eases the pro o- eation must prvVe that the crime charged has beea com- Suitted by the aceuse?: If i fed {iy nor is excepted by the act, it is no offence to ee aud unless the prosec tion prove that the liquor sold Was Hot imported liquor, ‘bere is nothing proved to put the my on his de- fence. If it be conceded that imported iquor is 6% cepted from the operation of the act, an indictment, that the defendant had sold liquor merely, yond. be, Toll -bedcon stienusrec, An Indletment charging « statutary offence, mus. contain a specitic ‘averment, Cat oe Ye offence created by the statute. But itis contended that the seventeenth section of the act settles the question as to the proof. It is true, that sec- tion contains this extraordinary language: “Upon the trial of any complaint commenced under any provision of this act, proof of tho sale of liquor shall be sufficieut to sustain an averment of an unlawful sale; Pig! of delivery 8 Bec tion I consider one of the most exceptionable ever em- Bodied in « legislative act. Itisin direct conflict with ‘the settled les of the rules of evidence that have existed for centuries, and have réceived the aanction of the most pr legal minds. Itis in direct con- fiict with those time-honored decisions which hare thrown thelr protection around humao . The theory of our practice in criminal cases ig that the accused shall be presumed in- wnocent until proved guilty. The theory under this sta- tute is, that the accused shall be presumed guilty until dy his oath he lays the foundation to be permitted to prove his innocence. The judiciary cannot enforce a rsonal liberty, so at variance I consider this sec- Bat the question, except incidentally, does not arise in ‘the case under consideration. The evidence shows that the liquor sold was imported liquor. All the allegations charged by the prosecttion are sustained by the proof, and the case Is presented so far as the facts are concerned ‘entirely free from any embarrassment, and the questions of law are all absorbed in the main question, the consti- pomslane the act. The counsel for the contend that the Legislature have the right of intoxicating liquor, and that the ane that authority, and thatthe Gay ag power to regulate excise, taverns, groceries, &., the act under synsideration’ presents no dhe Lagillatuze have the righi"ts enant acest we hi enact excise laws ubder certain restrictions, and within certain which limits are circumscribed by; to E iiGte HH Hd than that of the ° power. Hi ture. great that yond has sove- are many ers placel by constitution beyond which the Legisiature cannot e, and those barriers preven auy encroachment upon ‘the righta and privileges secured to citizens. Whenever the Legislature an act which infringes upon our eonstitutional that act is inoperative, to the control of judiciary. If this act wert that ihe ores Ron! that att leg mption is, constitu si 8 rule. But acts mi pessed by the Logisiature, which, 27 violation of the letter of the constitution, it might de ph gd ihe Sots fo wullty. An eminent writer ‘upon the q legit ve power, after @ careful ox- amination of the authorities bexring upon the question, says; ‘In this country the weight of authority seems to preponderate the scate in favor of the doctrine that there are restrictions apon the legislative power growing out af the nature of the civil compact, the petural rights NEW YORK HERALD, SATURDAY, ‘yOVEMBER 3, 1855. of men iotepene! of any eaten copptinsionaly reatric- tions, and certain limits whic! power capnot be called into exercise " it need we invoke this rule in the construction of this act? I thinknot, By the somatitution tbe Seer bps the States are Soe to pass any law ‘impairing theo ofeontracts.” The word contractais axed in its most general and extended sense. There ivan implied contract between government and the citizen, that (he citizen shall be protected tn his son and préverty. The citizen, 26 2 consideration for tite contract, submits to taxation to enable government to extend this frotection. By tho terms of this compact that cht by legislation to enact - that ixspairs the pant of ob satus antered ‘tate wi ‘the citizen. Taw which confiscates property justly acquired, or authorizes its d:struction without remedy to the which, party. injared—any law by ite Me Gitar A partieiy Re coat been ized and: treated as bate seer value, renders it valueless to its owner, and subjects him to fine end imprisonment for retaining and p mage my eran ne of it—any law which authorizes ‘the seisure of property upan the spain of irreapon- sible persons, upon mere information and belief, and de- river the lured of uate redreas—any law Bhat auth ruction of private property with. out redress to the owner, where no necessity exises for the act, is in my opinion a law “impairing the obligation of contracts,’? and one that deprives the citizen of his just right, ‘without due process of law.” A law, which, if there ‘was no absolate prohibition in the constitution against its enactment, would require the judiciary to interpret as one infringing upon ‘the principles of natura! justice,” and therefore within the limit of those restrictions upon legislative power growing out of the nature of the civil compact. The act under consideration appears to me to be obnoxious to all these objections. Ita entire provis- ions are unparalleled in the oppression they are calcu- lated to produce if carried ee Pomp It : ae ak fa the party, whese property has been seized, the tempta- ‘eeteacaes pe at he tay be heard in defence ofbis property. It construes silence into a confession ot guilt, and acts upon that silence as upon affirmative rot. It authorizes the destruction of property without it “due process of law” secured by the constitution to the citizen. It reverses the rule of evidence by throw. ing the burden of proof upon the accused party. It vio- lates the compact entered into between government and the citizen by “impairing the obligation of contracts.” The defendants must be discharged. The Mayor’s Complaint Book. MARINE COURT. Before Hon. Judge McCarthy. AMISTAKE IN A NUMBER—THE COMPLAINT DISMISSED, Henry Henvy vs. Moses S, Beach.—This is an action against the proprietor of the Sun newspaper for an al- leged libel on the plaintiff, who resides at 200 East Eleventh street, where he keeps a hotel and boarding house. The libel complained of consisted in a Paragraph published on the ith of June last, which stated that, ‘ the house No. 200 East Eleventh street is ety Saneranelsy and the resort of dangerous characters,’? Damages are laid at $50Q, Mr. J. W. Gerrard appeared for the defendant, who denfes malice in the publication, and says that one of his reporters obtained the substance of the article complained of trom a public offisial book kept by Fernando Wood, Mayor of New York, and commonly known as “the May: or’s compiaint book.” The defendant. however, admits that his reporter made a mistake in the number of the house, the complaint being against a house, No. 210 of the sane street, and was copied by the reporter as No. 290, which the defendant took the earliest opportunity to correct, and offered amends for the unfortunate mi take. ‘The Court, after argument, held that the artic ion is not libellous—it is indefinite and uncertain; ofa thing, and not ofany porson, (vide 12 J. R. 475;) besides, the evidence on the part of the plaintiff showed that there were several other tenants in thehouse besides plainilif. Which one was livelled? They could not join in an action for damages against defendant ; and further, if the present action could be maintained, the state of the pleadings would not permit me to receive any evidence of special damages to plaintiff. Complaint dismixsed with $10 allowance and costs, Financial Operations of the British Aristo- cracy—An Irish Law Case. In looking over our European files of some months past, we find the following report of an interesting nw case, tried in Dublin, arising out of extensive bill trans- actions, inwhich many of the highest names amongst the British nobility and aristocracy are involved:— [From the London Timos,] COURT OF QUEEN’S BENCH, DUBLIN, JUNE 29TH. Richardson va Gregory.—The case of’ Richardson vs. Gregory, which came on to-day in the Queen’y Bench be- fore Mr. Justice Crampton and a special jury, brought to light some curious revelations in connection with tha tory of Mr. Edmond O'Flaherty, ex-Irish Commissioner of Income Tax, and in his more ‘palmy days the friend, guide andeounsellor of more than one member of the labinet of the Aberdeen government. And here it may be mentioned that, according to current beliet, this Mc. O'Flaherty is at present holding the unnsauming offee of clerk to a ‘store’ in the city of New York, and that al. though'a warrant for bis apprehension was issued nearly a year ago, at the instance of two guileless children of Isracl, no real effort was ever made to effect the capture of the d+linquent official, The action was brought to recover the value of two bills of-exchange for £500 and £30, the first being the draught of the defendant upon Lord Dun- kellin, and endorsed by Famond O'Flaherty; ani the other the acceptance of the defendant. The defence was that both the names of Mr. Gregory, a acceptor, and of Lord Dunkellin, were forgeries. A strong bar was engaged on both sides; Mossrs. Fite- ibbon and Whiteside leading’for the plaintilf, and Messrs. jartley and M’Donogh for the defenaant. Mr. Fitzgibbon, Q. C., stated the plaintiff's case. The action was founded upon two bills of exchango—one of thein being the draft of Lord Dunkellin upon tue defend- ant, and acepted by the latter, bearing date the 10th of April, 1854. for the sum of £300, and payable in three months; and the other a bill for £500, duted the 21th of May, 1854—both bills having been cashed by the pliin- tiff for Mr. Edmond O’Flaterty. ‘The geatleman Inst named was a member of Parliament at the begisotng of these transactions, and a man upon whose oh acter no stain or impeachment had been cast unti! ceonatly. Ke was a gentleman belonging to the county «i Galway— a.young man not of any great wealth, and who upon his departure from this country obtained’ » situation from government. He wasa geptleman of ability, connected with the best families in the county, and mixed ia the best society. Unfortunately for himvelf he was fond of the pursuits of the turf, and upon the Derby of May, 1853, lot considerable suns of money, which he was not ina condition to pay. He was a very intimate friend and associate of the defendant, Mr. William fi. d of Lord Dunkellin, who were also very much engaged on the turf, and between them they raised money to an enormous amount, and by genuine bills, | Mr. O'Flaherty having lost at the Derby, he was unable to mect any large demands, and he therefore disappeared. He, how- ever, ups in this country in 1858, when the original bill for £500 became duo, and of which the present was a re- newal. Notice of that bill, stating the full particulars, was transmitted to Lord’ Dunkellin and Mr. Gregory, and the same proceeding took place in connexion with the other bill, and no answer, was sent by eithar of the ‘parties denying that they ware linble. Tt was not untilafter Mr. O'Flaherty had left the country that charges and allegations of his having committed the crime of forgery were preferred against hime To show the inti- mate ‘connexion between him and the defendant, he Would read the cory of a lettor, written by the latter to Mr. O'Flaherty, on the 8th of’June, 1854, in which he stated his inability to extricate himselt from his liabili- ties without the sacrifice of a considerable portion of his fortune, and the writer then proceeded to enumerate those Uabilittes, come of which were entered into for a fciend ‘who had left him in the lurch,” and upon which Mr. O'Flaherty was also Hable. The first of thore enumerated nen 660, for part of which Sir James Graham was Mayle, Mr. Martley.—Sir Jamos Graham, did you say! Mr. Fitagiboon replied in the affirmative, and said that although great nanes were mixed up with the case, it was a fact that great men had involved themselves in felonious transactions, and would continue to do so until the end of the world, Mr. Clarke intimated to Mr. Fitzgibbon that the party in question was Sir §, Graham, and not Sir James, Mr. Fitzgibbon having stated that he had fallen into s mistake os to the name, and that it was not the cele brated statesman who had boen referred to, read the list of the liabilities, which included the names of Harris, Marcus and other money lenders, the total amounting to nearly £20,000, These constituted very formidable items; and, although it might be argued on the other th the document in question omitted all novice of the two bills now sue! upon, the answer to that would be the fact that Mr. Gregory had noaccurate idea of his labi- lities; and while on the one hand he {naorted the bill of Harris for £1,500 as one to which he was liable, alth he now derignated it as a forgery, on the other hand he admitted that one of the two bills on which he was sued by another attorney was genuine, having contested hia Mability when the action had been frat instituted. The defendant was not a merchant—he kept no accountant— he could not speak with accuracy of hia various bill transactions, and the jury would pause long before they found {ete verdict, that Mr. OrFlaher y had boon ilty of forgery, he being absent, and ‘efore incapa- te of denying ihe imputation. * Several witnesses having been examined wite a view of proving the genuineness of the defendant’s sigaatare to the bills. Mr. Henry Richardson was put upon the table.—ts the plaintifi; resides at No. 2 Robert street, Adelphi terrace, does not know the defendant; knew Mr. E. 0'Fla herty and Captain Greene, M. P.; came to him with bile; coahes bills sometimes; about the 2st of August, 1863, Mr, E. O'Flaherty called on witness; had never seen him before; he came afterwards, on that or the next day, and drought @ paper; wiiness gave hia money for two £500 billa; one was of ‘the 23d of August, and was renewed; part of the bill by money, and put the remuinier of money to the it of the det nt; the acoeptance was that of Lord Dunkellin; some time in December, 1863, ‘a second document was tenlered to witness by Captain Greene, and which he received; had a notice of dishonor served on the defendant, which was not returned to him; in the April of 1854 Captain Greene gave him another document inliew of bank notes; recovered the £300 bill sue! upon from Mr. O'Flaherty in lieu of another doca- ment; the £800 bill was also brought by Mr. (Flaherty upon giving up another documsnt, Crome extmned=— Had had the pleasure upon several cccasions of being here; never had a more disceuraging visit; has come to see the beantifal scenery of the coun- try; was here in Dublin, and went to the Marshalsea on ee to see some debtor of hi: be ae O'Flaherty in August, 1853, aa the ae and Dan- kellin; saw Mr. Grego arf, witness lives in Duke street, Westisinstor; owns Nos. 68 and 09. Jer- mye street; Septionus Carlisle lives at 68, and a tailor at ; in 1840 lived in London at No. Jermyn street; was in business as mach then jas now; occasionally lends money ; does not consider himself a bil unter. Mr. Roflestone—Did you ever kee} bling The witness said, though he could answer the question at once, it was one that had nothing to say to the issue; he then }, in answer to further questions, that he had been ina court of justice before ‘thie as a plaintiff, he never was in the Central Criminal Court; he was once charged with a criminal offence at Marlborough street, ig connection with @ bill transaction, but was at once dis- | this was eighteen he was in- GAG for ‘sibel as ene of ihe propristors. of Paw, Pry convicted, and fined ten pounds; he ¥. ing ot the artiole in. question, and was, yra'g Table, as be waa the owner of The house wher”, the ae was published; was fit! put dp in one of that pe wore to the plainliff wed nfer the bling Mr. wt Rad who is procter there “ere proceedings ‘between them in relation to 4 sum of £2,000. Mr, Rollestone—Was any of the money lent to him in a hell in Jermyn street ? a Witness—t. will answer any question which the Court m3. Tought to answer. judge pton—You may answer that question if you Please. Witnees—I decline tosay ifany of the money was lent to Mr, Mott in a hell, as it does not concern the issue here, Re-examined—The transactions as to which he had deen cross-examined occurred 16 or 20 ago; never knew Mr. Gregory until he red from the turf; ir. O's'laherty paid the amount of the bills to as the agent of the defendant. A series of private letters were then given in evidence, written by Mr. Gregory to Mr. OMaierty, In order, as Nd was stated the plaintiff's cor authority pee bln Mireng ahr the nt, and that Mr. O'Flaherty was intrusted with authority to raise money by transactions, The name of Lord Dunkellin was frequently introduced into the eorres- ondence; and in one letier, dated January, 1843, the jefendant ex, nis gratification that Mr. O'Flaherty had been. so snceersfal in inducing Jews and Jewessos to decome almost Christians, and mention was made of one of the ies as the ‘Caucasian Lazarus.” In another the dant expressed his desire in reference to bil trans to ve considered as very regular, although sactions Celts are regarded as the reverse; aud a subsequent let- ter expresse? the plengure of the writer that he was look ing up so much with the money lenders, and that it was “enerved for him to restore Irish credit in the financial world.” In other letters the defendant expressed him- self as answering the fine figure of Grattan, of “the man who felt his strength expanding as the fetters were fall. ing from bis limbs,” and adverted also to the having read a clever novel of Balzac’s, where thirteen acting in con- cort wore able to effect so much, but in real life he did aot expect to find thirteen “whose abuegation ot s¢lGab- nees will bé equal to that of Edmond O'Flaherty,” The plaint#f’s counsel, after the reading of these let- ters, submitted that such proof of agency had been estab- lished ax to entitle them to ask the plaintiff what took ce in the conversations between him and Mr. 0’Fla- erty in relation to the bills in question. The learned Judge refused to receive evidence of any such conversations. o, Captain Greene was examined to Spore that he brought ‘documents to the plaintiff from Mr. E. 0’Flaherty. Mr. Whiteside said these documents were bills. ‘The struggle to prove un agency by Mr. 0’Flsherty on the part of the de(tudant, so as to give incvidence against him the statements and ‘acts of Br. O'Flaherty, was re- newed, but without success. Some other witnesses having been examined, and the documents having been handed in, the plaintiff's case closed. Mr. Martley applied for a nonauit, on the ground that no attempt had been made to prove the signature of Lord Dunkellin. (ne of the ism ies was directed to that. His Lordship eaid he would not nonsuit on a part of the case, The main question was whether or not the defend- ant signed the bills. Mr. Martley, Q. C., then proceeded to address the jury, and said that ‘this waa not a mere qnestion of pounds, shillings, and pence, but the fasue was one that affected the honor and character of Mr. Gregory. They all knew who that gentleman was. They know who his fa- ther and grandfather were; and no name in Ireland was more highly respected than that of the late William Gre, gory, but that was no reason why his grandson should escape from liability sf he sought to avoid any of his just Hiabilities.. He (Mr. Martley) would not trouble the jury by entering into any inquiry as regarded the character of the plaistify, because, ‘whatever he might. be, he was within the pale of the law, and if he hada right he was entitled to enforce it. The name of Mr. Eamund 0’Fla- herty hud been {requently mentioned during the inguiry, and it was as notorious as that the sun was then shining that he bad fled from his country after circulating an obtaining money by means of a ‘number of forged bills. The learned counsel having advertel to the value of the testimony given by the plaintiff, and the vagueness of the proof of handaritiog, not consistent with itself, re- marked upon the fact, that although a number of persons had associated to aid’ the present case, as they had also forged acceptances, they could onl rogues few wit nersex to prove hendwriting; and while the ledger clerk of the Commercial Bank, who never saw Mr. Gregory un- til he was brought over from London, was prod aced, they did not produce the check clerk, whose duty it was to vouch the authenticity of every check which was ho- nored by hin employers. Mr. Gregory had been impra- dent in suffering himself to fall into the hands of persons who followed the pursuit of usury, in which there was now a tree trade, but he was a mau of high honor, and never would dispute any claiin for which he was really liable. Mr. Martley then denounced in the strongest terms the conduct of Mr. Anthony 0Flaherty, in pro- dueing the confidential and private letters which passed between the defendant and Mr. Edmond O'Flaherty. He was shocked at this departure from principle, which ought to keep sacred such confidential communfeations, ani at jhe farce of calling on Mr. A. O'Flaherty to pro- duce them under subpoma, when at the very time plaintiff's counsel had briefed a copy, perhaps of all, but certainly of one upon which most stress was laid. ‘But, however contrary to all the principles that ought to have been inviolably Inaintataed was the production of those confidential letters, they showed in the clearest manner O'Flaherty ‘was not the agent of the defend- ant, and that while giving to O'Flaherty a list of his out- tunding bills, Mr. Gregory never mentioned the two upon the first of which the present action was brought. Mr. Martley concluded by stating that, tn addition to the de- fendant and Lord Dunkellin, he could prove, by a num- Ler of witnesses long conversant with the handwriting of the defendant. that the bills in question were forgeries. ‘The court, wh'ch was densely crowded during the day, adjourned to holf-past 10 o'clock next morning. Sarcepay, June 20.—This case was resumed at the sit- ting of the court to-day, when the examination of wit- nesées on the part of the defendant wis proceeded with. The court, 2s on the preceding day, was crowded to exct Mr. Joseph Long, the chief clerk of the Dublin Money Order office, was the first witness examined. He deposed that the name of the defendant to both bills, the hed matter of the action, was not, to the best of his belief, written by Mr, Gregory, whose handwriting he was well acquinted with for a period of fourtcen or fifteen years, during whieh {ime he frequently saw him write, and re- ceived letters from him, ‘This witness was cross-examined at considerable length to test his accuracy and knowledge of Mr. Gregory’s handwriting. For that purpore half a dozen docutaents one and letters,) were pane in envelopes, numbered rom one to six, and small holes cut in the envelopes in order to expose to view the name of the defendant. The witness stated that the signatures to almost all the docu- ments wore, to the best of his belief, genuine, but he expressed a doubt as to one or two of them. Sir Themas Burke, Lord Dunkellin, and Mr. Stewart Maxwell (4 magistrate of the county of Armagh), were severally produced and examined upon the same subject, and they all positively swore that the name of Mc. Gre gory to the £500 and £100 bill was not written by that 1 lord. Dun- gentleman, to the best of thelr opinion; ellin also deposed that his name on both those bills were forgeries. His lordship admitted, on cross-exati nation, that he bad been engaged in extensive bill trans- actions with the defencant and Mr. Edmond 0°Flaherty, but he raid that the number of bills that had passed between them were not so numerous that he could, by posibility, be mistaken either as to his own or Mr. Gre- gory’s xignature. The same process of cypss-examination by the produc- tion of the documents enclosed with envelopes was gone through with each witness, and they all appeared to think that the signatures of the defendant to the docu- ments #0 concealed from their view were bona fide signa- tures, with the exception of one or two, which they seemed to think were also genuine, but still they ex- pressed some doubt about them, Mr. Gregory (the defendant) was the last witness ex- amined, ap4 upon the bills in suit being submitted to his inspection, he swore most positively that they were both, as to his own name, forgeries, and, as far as he could form an opinion, also forgeries as to'the name of Lord Durkellin, whose handwriting he was thorow ly ac- quainted with for many years. He said that he bad bo# several bill transactions with Mr. Edmond O'Flaherty aud Lord Durkellin, and that Mr, O'Flaherty was frejuently in his debt. ‘The defendant likewise swore that be never authorized Mr. Edmond O'Flaherty to accept those or apy other bills for him, or authorized any person to act for him in such a way. ‘The defendant was cross-examined, and he positively swore that the concealed documents’ (the signatures t> which only were exhibited to him) were genuine, thereby fully corroborating the evidence of all the witnesses whan they were produced, ft. Gregory wa also examined as to hia Iabilities, an? he ndnaitted ath nooo hy mortgages, exe! bonds, promissory notes, &e. Terikewise stated that there were suits inwtitt ageiont him and now pending upon a great number of bills which he dixpated ‘aa forgeriese—so many ‘that their name was legion.” ‘The defendant's case having closed, Mr. M’Donogh, Q. C., addressed the Jury on his behalf, and wae followed by Sit. Whiteside, Q°C., in reply for the iaintiff. e Mr. Justice Crampton then proceeded to cha jury, and, in doing #0, observed that they might na e ras indebted to a considerable extene the for fendant without impeaching the veracity of the pod witnesses, while they: could pf 4 for the plaintiff without arr iving a the conclusion that Mr. Gregory was committing wilful and corrupt] perjury, «° he came forward, not like the other witnesses, fo swear to his belief, but to bia itive know! ,. ‘The jury 5 o'clock) found » verdict that both the defendant's came and Lord Dunkellin’s name were forge- ries on each of the bills, Imposition on City Railroad Cars. TO THE EDITOR OF THE HERALD. This id bot in a ae i car for the purpose to Harlem, ton board of my ves- Fol, which Nes at Harlem Bridge On entering the ca, I paid five cents, and rode to Forty-second street, where I went into the office to get a ticket. There wasno one there, ro I got in another car, where they charged me ten cents; the conductor would not give mea ticket. We at h arrived at Yerkville, where I was six cents, and just before arriving at Harlem, I was four cents, that makes twenty-five cents 1 was to pay altogether. I asked the conductor whether there was not some oo All the satisfaction I got was, » look smart and get a ticket next time. If you will be so kind as to insert this in your valuable paper, it might be the means of setting the public on their guard against imposition, as 1 am told the correct fare is ten cents, but that I cannot tell, as I have seen no bifls wp in the cars, Haniem, Oct. 81, 1856. W. BR. Our Virginia Ricumoyp, Va., Oct. 31, Agricultural Fair—Cadets from the Virginia Military Instituto—The Rough and Ready Rangers—The Weather — Politics, dc., dic. The Fair ground to-day presented a grand spectacle. The moving mass of human beings, numbering not less than thirty thousand stalwarth men and fair and fascinat- ing women, formed of itself a source of attraction well worth five times the price of admission. Notwithstand- ing the presence of such an immense concourse, the ut- most regularity prevailed. Not anaccident waa known to occur, and though a large police staff is in requisition, in no one instance did I observe any necessity for their interposition. If there is any characteristic which pre- eminently distinguishes the peop'e of the Old Dominion, itis their strict regard for decorum. And this feature becomes more marked upon even the distant approach of a member of the fair sex. For my taste they are fas- tidious in their attentions to them, so much go, indeod, as to render the chances of an outsider inexperienced in the arts of gallantry exceedingly slime ‘There was evidently a large accession of articles since yesterday. The show of horses—sires and pacing horses in particular—was far better than had been first anticipated. There were two or three of this class of animals which attracted a great deal of attention, and probably the objects of greatest interest within the fair ground were the pacers, who kept conti- nually dashing around the course, To most of the coun- try visiters this sport seems novel. I noticed even the ladies making strenuous efforta to catch @ glimpse, through the crowd, at the horses as they passed around im rapid succession. In fact, the horse course formed a greater centre of attraction than any point within the entire arena of the fair ground. It in considered that the best live stock on exhibition are some belonging to Mr. Wm. C. Rives, of Albemarle, late Minister to France. He received several Tg at last year’s fair, and there is hardly a doubt of bis taking the premiums in horned cattle and sheep at this time. I noticed bim on the und, with other gentle- men, a seg his stock, and he seemed most anxious to have their opinions as to their value, his object, no donbt, being to dispose of them at the close of the exhibi- tion, I observed a large mahogany bedstead, manutac- tured in the French style, with a magnificent wardrobe, sent from a small town in North Curolina, called Milton, and must say that the workmanship upon them would be creditable to some of your best cabinetmakers. They were valued at $750—$250 for the bedstead and $500 for the wardrobe. The prospect of disposing of them upon these terms is by no means favorable. The exhibition of arti- cles unider the head of domestic manufactures is exceed- ingly mesgre. A few counterpanes, with embroidered figures, and one or two pieces of tapestry, constitute all that is attractive in this connection. Such was not the cae the last exhibition, Some of the best specimens of tapestry and embroidery to be seenin the country were then on exhibition. I have no doubt that the drawback in this regard is owing in a great measure to the institution of a Mechanics’ Fair in this city. That is now in full blast, and will continue open for at least ten days to come, Articles of this class show off there to better advantage, and are moreover secure against inju- ry from dust or handling. The stands appropriated-for floral exhibitions are al- most entirely vacunt; while in the fruit department an almost similar deficit exists. In these particulars the present exhibition is vastly below that of the last and previous exhibitions, ‘A corpe of the cadets from the Virginia Military Insti- tute at Lexington, numbering about one humdred and pai arrived here a few evenings ago. They were waited on by all the volunteer companies of the city, who con- ducted them from the depot to their place of lodging at Goddin’s Hall, which was fitted up in.a temporary way for their reception. The crowded state of the hotels ren- dered this step necessary. The corps is made up of young men ranging from twenty-two to fourteen years of age. They appeared to-day with arms on the fair ground, and paraded for a considerable time in the large square within the horse track. I noticed several of the officers attached to the city volunteer companies dressed in uni- tormne Rosh “inte iy kane body of the Rough and Ready Rangers, a of young men attined and ‘equipped in every concelvable style of fentas- tic outline, turned out to-day and marchea through the principal streets of the city. ‘They were mounted on wretched looking horser, and presented the mos perfect caricature that could be witnessed. Their dress andl eqal- page formed an almost endless variety of tattered drapery, old trappings and burlesque military decorations. But how such a collectien of raw-boned, wretched loo! horees could be procured is a matter of surprise. I hay supposed that the whole State would be unable to fur- nish such a combination. ‘The Botts party in this city are making vigorous ef- forts to secure the election of their leader to the seat in the United States Senate which becomes vacant by the expiration of Mr. Mason’s term. I understand the mem- bers elect from this city are Pedged to his support; but beyond that, and some small support from a few of the Western counties, his chances are slim. It is said that ex-Governor Floyd will bea candidate for the seat in opposition to Mr. Mason, and it is no doubt upon the contingency of a division in the democratic vote that the Botts attachés bare their hozes of succes Poor chance this; neverthelers it is certain that Botts will see i: out, for, as is well known, he is pever discomfitted by defeat. Unlike the generality of politicians, he seems rather in- spiruted ty adversity, and he rallies to each successive battle with un energy, vigor and confidence which are gcnerally the results of repeated victories, You may rest assured that the democratic party are not without their troubles. The western members, among whom the ex-Governor is exceedingly popular, will hardly make any compromise with the friends of Mason, having for its object the exclusion of their favo rite. Nor is the influence of Floyd confined to his own regicn: he is esteemed here in the highest degree, and will, I feel assured, receive a large vote from the members of the eastern section. The friends of Mason vaunt a great deal about the rer- vices which he rendered on the stump during the late cammpalen but they seem to forget that the ex-Governor worked day and night for the cause, and, as many assert, with far more success than favored the stumping of the former. But they say Mascn’s position as United States Senator gave more efliciency to his efforts, forgetting that the ex-Covernor, apart from the high character of Mis ad- ministration, and the prestige derived therefrom, enjoys an influence through hia well known tried party zeal, which few men in the Union possess. The prospects are that the party will have a stormy time. The Editorial Convention, or rather feasting, coms off to-night. What ts the Matter in the Fourth Senatorial District ? TO THE EDITOR OF THE HERALD. Having received the nomination of the united national democracy of the Fourth district, for State Senator, | find, as the election approaches, that rumor to the of- fect of my withdrawal from the canvass has been indus. triously circulated. The object of this gratuitous and unauthorized statement is simply to prejudice my claims before the people, and to foist upon the democratic voters of the ¢istrict the tickets of a barnburner of 1848, who hat becn nominated in opposition to me hy a set of poli- tical mock auctioneers, Who, by means ef Tales pretences, have succeeded in renting stalls in Tammany Hall. A brief statement of the circumstances of my initiation into this compaign, is not only due to myself, but to the democratic masses upon whose support I rely, make no denial of the fact that so In the first bree fur as my political associations bave gone, they have deen strictly with the democratic organization of Tam- many Hall, whose candidate I was for Congress in the Sixth district, in that canvass were, opposition to Know Nothingism, the Prehibitory law, and abolitioniam as demonstrated by the anti-Nebraska men of the North at the present time. I soy issues, because they did not become cardiu } tenets of demociatic faith, until after the party, through the treachery of its self-constituted leaders, had oyerwhelmed it in the State by a signal and inglorious defeat. But they have become fixed principles now, snd the national democracy, conscious that I led a for- lorn Lope last fall, under this banner, tendered me their nomination without solicitation, pledge or promise of any kind whatever on my part. Unwilling, however, to incar again the chances of defeat, and. least of all to train out ot line with the democracy of Tammany Hall, who at heart as national as any men in the Union, (no tma.ter how much its ‘border ruffans” and ents ters?” may attempt to persuade the people otherwise,) I desi t'me to consult with the leaders of the soft shell party, and to ascertain Ley ond doubt whether a union could h effected, and the district redeemed from the stigma of be ing represented by a Know Nothing. Their reply unequivocally, that} should have their nomina- ind they congratulated me on the prospect of bearing to victory nion dy moeracy. I found, furthermore, from inquiry, that I ‘was the only man in the district upon whose nam: there was a reasonable pros of a reconeilia- tion, and under these circumstances I unhesitatingly consented to become a candidate. The result is tolu i» a few words. 1 was marked as one not likely to do the | ns Ba era who claimed to control the soft shel! delegates, and, as » consequence, it was deemed policy w defeat me in convention, and in defiance of the repeated declarations of the the Tammany democracy, to surren- der the election to the Know Nothing party by the nomi- a Donst is, that, in 1848, he ren. the last election ‘The issues involved ate iro Bx the respon ‘ransaction where it properly belongs. . To qitee Coa pd ‘advance to vote/for any particular ‘nit object in to these apparently trivial cn q ity of this “heavy business” States Senator, or in any manner to in- dicate a preference for delegates to the Cincinnati Con. ‘vention, are conditions which may be accepted by men who have more ambition for seustorial honors mT have; but I cannot and will not assume under any circumstances whatever. It is perhaps sufficient for me to ssy that no man. or set of men, can receive my sup port unless standing upon a uational piatform and man endorsing the principles contained in the Nebraska bill. Upon this issue 1am tostand, let the uences be what they may. In the meantime, party stevedores, who are going about now with ‘“jackscrews and soap” endeavor. ing to work themselves on to @ national platform, may well a lease, bat they can neither buy me nor control the fegrity of my s ical course. JOHN McLEOD MURPHY, New Yorn, November 2, 1865. Obituary. = Eowarp B, Dupay died at Wilmington, N. C., on the 8th ult. Mr. Dudley has filled various offices of din- tineticm and trust in North Carolina. Born \n Onslow, he represented that county in the General Assembly, Removing to Wilming’ he went to the House of Com: mons reveral times as representative in 1820, a member 3 and declined a re-elestion. Subsequen ly, he was Ld bac gp bee pa State, the first Go- vernor ‘ver elected by the people, yeare afterwards he wae re-elected, Seei juris retary of War, it may not be unint to determine, ud ence to law and regulations, the ‘ial relation which the parties bear to the military establishment, ‘There ave various acts of reas enumerating sub- jects placed under the control of the Secretary of ‘War. Jver matters so enumerated it cannot be doubted that he das been fully imvented with authority by Congress which body, under the constitution of the United Bete is alone empowered to make rules for the goverument. regulation of the army; to wake rules concerning cap- tures by Jand and water; and to raise and support ar- mies. passed; Dut nowhere has the Secretary of War been cloth- ed with military rank or otherwise given authority to issue military com . ‘The funetions imposed upon the Secretary of War by Jaw are all of an administrative character, Ge pro- ly belong to the head of an executive rtment, Beatles thore taws, the act creating the Executive De- iment of War, roved August 7, 1789, authorizes fhe Prerident of the Unite! Staten, from ‘ime't> time, to enjoin on or entrust to the Secretary of War such dut “agrecably to the constitution, relative to military com- missions or to the land or naval forces, ships or warlike stores of the United States, or such other matters re- Satta gs a mite le} ‘Now, under this gene: al authority, it 18 perfectly clear that the President cannot, by general instructions, en- trust the Secretary of War with the power to issue mili- tary commands:— Ist. Because the Secretary of War has not been clothed with military rank by Congress, which body is alone authorized to wake rules for the government and regula- tion of the army; and rank is principal means of military government. * 24. Coals the various laws enumerating the powers of the £ecretary of War in no other manner invest him with the powers or functions of 9 military commander, or even give him a military stamp by requiring him, like = officers of the army, to subscribe the rules and articles of war. 4 3d, Becaure the constitution of the United States has im; upon the President himself the office of com- mander-in-chief of the army and navy; and the act of 1789, therefore, in authorizing the President to entrust certain duties connected with the military establishment to the Secretary of War, could only refer to functions not belonging to the constitutional office of commander-in- chiet; for that office is a personal office. It is as much so as the veto power; the power of reprieve and Bi! 8 constitutional mandate that all officers of States rhall be commissioned by the President, however legally appointed, or the P t's duty to take care “that the laws be fai executed. ere are, however, mary important "duties connected with # of troops, the support and supply of troops, the custody of records, the manufacture and care of warlike stores, the keeping of exact and regular re- turns of all the forces of the United States, the prepara- tion of estimates, &e., which Congr€s has sometimes en- trusted to the President alone, sometimes to the Secre- tary of War, and sometimes jointly to the Presideat and Secretary. ‘Those various duties have been imposed by Congress on the President as the chief executive of the Union; and, unless the terms of any specific act of Con- greas manitéstly show that the Presdent must personally perform the duty, he may, under the act of 1789, entrust such functions to the Secretary of War. Not so, how- ever, with military commends. The President’s office of military commander is imposed upon him by the consti- ution. He cannot divest himself of the functions ‘assigned to it by law; nor can Congress deprive him of his powers as “fist General ‘of the Confederacy.” | a such he may issue orders within the rules and articles established by Congress for the government of the army; but, as neither those reles and articles or any other law make the Secretary of War a military commander, the President cannot make him such, or entrust to him by general instructions the authority of commander-in- If the pretension, then, be set up that the Secretary of Wer moy, “unless specially directed by the Prosiden’ of the United States, according to the nature of the case,’ review specific miliary acts of military commanders, countermand thelr military orders, or otherwise exercise the office of Commander-in-chief, without reference to the President, euch pretension is most clearly a usurpa- tion of authority. It is @ usurpation, too, in violation of the general regulatelons of the araiy, which, speaking in the name of the Prsident, specifically declare: ‘ The military establishment is under the orders of the Major General ccimmanding-in-chief in all that regarda itediscipline and military control. Its fiscal arrange- ments eee poe! to administrative departments of the staff and to tho treasury department, under the direction of the Secretary of War.”—Par. 477, General Regulations of the Army, 1841. Phe Shortest and Easiest Route tothe Pacific. THE RESULT OF LIEUT. PARKE’S SURVEY. ‘We learn from the San Antonio 7éxan that on the 6th inst. Lieutenant Parke, of the United States Topographical Engineers, with his survoying party, arrived in that city from the west by the El Paso road. The party consisted of Lieutenant John G. Parke, United States To) Ihical Engineers, commanding; A.'H. Campbell, Civil Meetiace: N.-H. Hutton, H. Custar, Assistants; G.G. Garner, As. tronomer; Dr. Antisell, Physician and Gevlogist. The Zexan gives the annexed highly interesting account of the survey and its results. Our readers will be glad to Jearn that the survy proves the route examined to be the shortest and easiest route to the Pacific, This party has been in the field actively engaged since 22d November, 1854. From that date till the close of May last, they were enj in California, On the 26th of May they left San Diewo and reached the Rio Grande at Fort Fillmore on the 6th of August, having spent most of the interval in the examination of that extensive and al- most desert country which borders the Gila. In an agricultural view {may be called a desert; for excepting the land on the Gila bank at the Pimas , the valley of the fan Pedro, and a few scattered and iso” lated patches occurring about the large springs of water, the road for more than 300 miles is over an elevated table Jand of unmitigated sterility, Sp Lieut. Parke was the first of the surveying officers in the field, under ‘ant made by tne last Congress for the purpose of fi the surveys necessary to com- plete the various lines for the Pacific railway, and re- porting to Congress the result of his labors, Hoe was di- rected to examine for @ suitable road in Southern Cali- fornia, from Mastery bay to Los Angelos, and between the coast range of mountains and the Sierra Nevada. As the parallel of 82° east of the last mentioned mountains had becn to # great extent surveyed previously by Lieat. ‘Williamson, Mr. Parke was not required to repeat an ex- amination, but was directed to examine certain points on the line between the Pimas vil and the Rio Grande, the result of which has been the exploration of the San Pedro river, anda more thorough examination and reconnoisrance of the country immediately south of the Gila, ona included in the ‘Gadsden purchase,” Here, as well as in California, many new topogra- phieal discoveries have been ascertained, and as far asa railway along this route is coucerned, the in- formation as obtained may be codsidered complete and conclusive; and in fact proves that the line examined (near parallel 31°) is the shortest and easlest route to California, requiting no tunneling, there being no steep ascents, and goods can be carried over the whole route; and by avoiding Tuscan and striking for the Gila, which recelyes the San Pedro, the long and dreaded jor: hada of ninety malles may be ‘avotied. Even us a wagon and emigrant route this new one proposed and travelled by Lieut, Parke in this expedition will save distance and fatigue to animals, as more grass and water is to be lind than by the ‘commission boundary” route, or ‘ Colonel Cook’s trail.” By proceeding almost due wost from Cook’s Springs, bj Ojo de Vaca, a series of valleys running north and sout is reached, bounded by short ranges which can be tra- elled roubd, these valleys lncking round into each other, and tending northwest to the Glia river, which may be struck where the fertile little valley of the San Pedro (the Rio Chiquito of the Apaches) meets that river; in this course every mountain range is avoided, and a coun- try tolerably well supplied with gramma grass is tra- ey opting this as the rail te, all tunnelling adopting this as the railway rout annel might be ravoried by adopting the precautions necessary to supply targe trains. Farther south than this is the derert country of Tucson, and the elevated land of the Guadalupe Canon; and north of the Gila is a mouutain- ous ard sterile tract; so that nature bas here provided a belt of land and almost as level as a prairie for the iron horse. When this is contrasted with the other routes, are at once apparent. Thus selecting ost practicable routes, viz.:— 1, That of the 41st parallel, or the Mormon route, which runs from the Platte river over the plains to the South Paes, thence to Salt Lake, thence across the Great Basin to the Sierra Nevada and into California by the Sa- cramento river to Benicia. 2, That of the 56th ay or Rusk’s route, which asses from Fort Smi to Albuquerque on the Rio rande, thence across the Rocky baaspeca yer bee Colorade river and derert, and the southern end of Sierra Ne- vada to Los Angelos and San Pedro in Calif srnia. 8. That near the 324 parallel, or Lieut. Parke's route, the extreme southern one, via San Antonio, New Mexico, the Gadsden purchase, near the Gila, over the Colorado desert and across the solthern extremity of the coast Cordilleras to San Diego, California. ‘We will now give the length of the three routes in miles, and also the comparative cost:— No. 1. No. 2. No. 3. Length of route...... 1,992 «1,618 Length of level route. 2.583 2816 2,239 Comparative cost ,...$116,095,000 169,210,265 68,970,000 From these the advan’ of the Texas route is apparent, It" ls almost one-third, shorter than other route between the Mississippi and the Pacific, {t seas yb a0unes pease tities tivaemian ees pote and are only represented by elevated mesa land and it tik where ‘two ranges of mountai. chains have coalesced into one, and consequently where Jess bill labor is encountered. adiee tat aie trea oe ag hog bang ‘ading, pnd over | country where snow Goad On the routes Affatre in Kansas. GEN, WHITFIELD'S ELECTION—MISREPRESENTATIONS OP THE ABOLITIONISTS, ETC. 10 THE EDITOR OF THE NEW YORK HERALD. ‘Leavenworts Crry, Kansas, Oct, 22, 1658. Allow me the use of your widely circulated columas to contradict a statement that is going the roumis of the | papers relative to the pro-slavery election held at this — place on the second day of October last. The libel on the pro-slavery-party and the citizens of this place originat- ed, I believe, in the Cleveland (Ohio) Plaindealer, which published a letter purporting to have been written from _ this city. In that letter it is stated that the Missourians came over and took possession of the polls, and that in the course of the day an altercation took place between & Missourian and a man by the name of James Furnam, which ended in the latter having a ball shot through hie hat, whieb ball entered a house and killed @ ebild. It far- ther stated that a man by the name of Thomas Newman was stabbed, and died from the effect of his wounds, and that the free State men then rallied and drove the Mis- sourians from our border, Now, Mr. Editor, I was one of the Judges of that elec- tion; was at the polls from the time they were opened until they were closed, and can assure you that all these statements are untrue from ing toend. It is false that the Missourians took ession of the . Ibis faleg that Furnam or any other man was shot at during that day. There was no such man as Furnam in towa- peer child was killed. It is fulve that any man was stabbed; (the name of Newman is also a ficti- tious one.) In fact, Mr. Eaitor, the whole is a tissue of falsehoods from first to last. m will these abolition lies cease? Where will these men stop? It is plain that the end of these political agitations is to sever our Union. ‘They will never stop until they accomplish their dlaboli- cal purpose. Never was a party so traduced as the aeteny pasty of Kansas. From the time that M. F.C. first published his falsehoods, up to the present, our Territory: and the party have been the subject of the blackest e Emigrant Aid men may do their best— they will never make Kansas a free State. It will be slave in spite of all the assertivns to the contrary. The very the abolitionists have taken have frustrated the they songht. Another item, and I bave done: 1 nee it stated the Tribune, that Judge Lecomet ed, the Grand Jury that sat last court, before whom Mec- Crea case was brought. This is also false. Never was a jury more fairly drawn. The fact 1s, that twelve out of the sixteen who served were well known froe “tate men. I was foreman of that Jury, and know what | state to be true. I deem ita ry, that I owe, not only.to my party, but to the citizens of this town, to expose these false statements. The abolitionists will ever find me ready to vindleate my party, and expose their falsehoods. G, B. PANTON. The Leavenworth Territorial Register chronicles the arrival there of an agent, representing about five thou- sand Germans and Irish, resident in Kentucky, in Louisville and other towns, who are about to emi- grate to Kansas on account of the Know Nothing troubles in Kentucky. ‘They are artisans, and many of them have consicerable means. The Squatters’ Con- vention, to form a State constitution, was in vession at Topeka at the last account: Our Nebraska Correspondence. Oman Crry, N.'T., Oct. 18, 1855, The Census Returns of the Territory—Basis of Represen- tation—North and South of the Platte—Political Move- mente—General News. The census returns of the Territory.of Nebraska, as made by the acting marshal, J. W. Pattison, on the 11th instant, give a total population of 4,565; out of this there are 1,617 voters. When these returns were made to the executive office, Dacotah county—the extreme northern county of the Territory—had not been heard irom, and indeed it was doubted whether there was any one there. The returns from thence show some 43 yoters, The basis of representation is 6634. Of the voters, the north of the Platte has—Dacotah left out—618; and the south of the Platte 849. This is quite different from last year. North of the Platte has 11 members to elect to the House, and the south of the Platte 15. The members of the Council hold their seats over from last year, ‘the country is rife with political movements; every county can produce nearly one-third of its voters as as- iranis for the paltry honor of sitting in the Nebraska gislature. For there is a host—four from the north and four from the south of the F'latte. Yes- terday @ clique in and around Omaha City assembled and expressed a preference for Bird B. Chapman, He cannot be elected. He tried it last year and failed. The south of the Platte will probably send @ man. ‘The election occurs in two weeks from next Tuesday; the result I will inform you of. The Capitol building progresses slowly, and will soon stop for the winter. © basement is not yet completed. The volunteer force stationed on the frontier has veen withdrawn, thore being no mor? Indian troubles. The United States courts are now convening in different portions of the Territory. Col. E, R. Doyle, the U. 8, Marshal, returned with his family to the Territory # few days since. IKE, ‘The Isthmus of Sucz—Canalizaiion Advocates. TO THE EDITOR OF THE HERALD. In your article with the above heading, in this day’s Hera, you give the credit of the modern revival of the canal enterprise to M. De Lesseps. I know not whether it is an impression of your own, or whether that gentleman claims the credit, but c@ttainly he is merely an advocate of the measure, Napoleon, when in Egypt, caused a survey, and alo discovered the site of the ancient canal, and its reconstruction, or the formation of @ new one, was with him a favorite project. Sos after his accession to power, the present Emperor of France entered into negotiation with the British government, with the desire of carrying out the plan of his uncle; but Russia being opposed, Lord Palmerston, with his usual patriotism, managed its overthrow. The distance pro- pored by the French report is somewhat less than ninety wiles, from Suez to Tynch, on the Mediterranean; the cost 30 millions of francs—about 7 millions of dollars, But the most earnest and persevering advocate of the Project in modern days is David Urquart, who for many years has pointed out its great advantages, both to Lon. don and Constantinople, in his work, the ‘Progress of Russia in the Fast, &c.,’’ published more than two years 2go. He enters vigorously into the argument, ed not only gree the comparative distances between London and New York, and Calcutta and Hong Kong, by the way of fre ler eras rer of Panama, rr Isthmus of ‘uez, ives also a di m of the different routes, and shows ‘that whilst the estinate for the iaphoed latter route is about a fourth of the roposed former, that there would be also a vast sav! distai New York and London, ted $a -p Should the great project of the Canal of Suez ever bo carried out, it will ly prove one of the greatest bocns of modern times, since it would not only pasa feorhen one of the most Soria opele on Wegwpe, bat one weir bovelates by a demi-civilized This canal then be a great means of cf: dustrion: rope and A\ speetil suppl . Under these circumstances it is nothing ‘but juet that Mr. Urquart should have his meed of credit in the great undertaking, erpectally as he, of all liviag men, does not occupy @ position commensurate with his is great knowledge and industry in the affairs of Asia and the world. Were the modern axiom, which is rapidly gaini ground in England, of “the ‘right men the mnt e ly realized, David Urquart would ish Mix ister for Fo: Affairs, OOKLYN, Oct. 20, 1850. Mayor's Office. THE KINNEY EXPEDITION—SEIZURE AND DETENTION OF THE BARK AMELIA, BY UNITED STATES COMMERCIAL AGENT AT PORT AU PRINCE. Mayor Wood received the subjoined letter a short time ago from Joseph N. Lewis, United States Commer- cial Agent at Pert au Prince, by which it will be scen that » bark, called the Amelis, bas been detained at that Place, in consequence of a large amount of arms and aw- munition having been found on board. Tho Mayor has venta copy of the letter to United States Distiict Attor- ney, Mr, John McKeon, as it does not come under his jurisdietion :-— COMMERCIAL AGENCY OF THE — Stara or Amenica, ov Port av Prixce, To Hox, Frenaxpo Woon, Mayor of city of NewYork : Sir—I have the honor to rm ‘that [ ha y the authority of the laws of the United States of America, the ‘bark Amelia, which came into harbor and anchored on the 15th inst. eens rote A Bg RT I have the sir, to be very a ent servant, HN. LEWis, U. &c. Agent. §.—Copy of