The New York Herald Newspaper, January 26, 1856, Page 2

AFFAIRS OF KANSAS. Yo Tun SEN’ D Hi REPRESuTs’ . me AND Hovew oF TIVES: Somumetonses have Fo ty nna She consnaet gevermmenta: organiza’ the Territory Kenme, ‘ead produce there a condition of things which renders i imeumbent on me to call your attention to the subject, and urgently to recommend the adoption by you of such measures of legislation aa the grave exigecies o1 the @nse appear to require. A brief exypsiiion of the circumstances referred to, and of their causes, will be necessary to the full understand- of the recommendations which it is proposed to al ‘The ast to Sagres bo alc id 1s OD const new Territory, and weninanl organisation Saran eras is tore peaeal geen : the powers, government; fend the other, that the 1 inbabitants of any sush Terri. considered as an inchoate State, are eatitiei, in the tory icixe of self, ment, to determine for themselves ‘what aball be Te own domseste “Mesietiont ee t by ly to the constitution and the laws duly grees under it, and to the power of the to the and ‘Based upog this theory, the act of defined each Territory outlines of Sapiens neste ment, distributing pubdtic authority among law- fully’ created "agente—exeoutive, sodas ‘and legis to be ta either ms ral acienneae entaied $0 2 Council and s of feet ratues necett enero ep act Q thereof, Possessing ualt- son Seah deecribed, snout de entitled to vate at the first electizo, and be be pe to any office within the Ferritery; but that the qualifications of voters and hold- office wt all subsequent elections shouid be such as iat be prescribed by the legisiative assembly: Provid- ec, however, that the right of suffr and of holding of- flow rhould ‘be exercised only by citizens of the United tates, and those who should have desiared on oath taeir im:ention to become such, ana have taken am oath to sup- Port the constitution of the United States and the pro- Visions of the act: And provided, farther, that no offi- eer, soldier, sexman, or marine, or other person in the Srmy or navy of the United Saves, or attached to troops in their service, should be allowed to vote or hold of- fice in either Territory by reason of being on service Such of the public cfficers of the Territorizs as, by the ae", were to be appointed by the general government, in- -@iuding the governors, were appoin‘ed and com xissivned im due se-on; the lsw having been ens ;ted on the 30th , 1864, ana the commission of the Governor of the Territory of Nebraska being dated on the 24 day of Avgust, 1854, and of the Territory of Kansas on the 20th day of June, 1854 Among the duties impored by the act on the governors was tbat of directing and superintending the p>titical or- izaticn ot the respective Territories. The Governor of aus was required to cause a census or enumeration of the inbabitants and quslitied voters of the severel coun- fies and districts of the Territory, to be taken by such parsons and in sach mode as he might derignate and ap- t; to appoint and direct the time and places of hold- ‘be first elections, and the manner of conducting ‘them, boih as te the persons to superintend such ele:- tions and the returns thereof; to declare the number of ‘the mem'ers of the (..~cil and House ot Representatives fer each county o7 district; to declare what persons might to be duly elected; and to appoint the time and of the first meeting of the legislative aseembly. In ‘the same duties were devolved on the Gover- nor of Nebraska. ‘While by this ast the principle of constitution for exch ef the Territories was one and the same, and the details of organic kgislation prding both were ax nearly as gould ve identical, and while the Tertitory of Nebraska was tranquilly and successfally organized in the due euurte of iaw, and its first legislative assemhly met on the Weth of January. 1855, the organization of Kanaws was Jong Celayed, and has been attendsd with serious difficul- tes and embarrsesments, partly the consequence of local wal-adainistration, and partly of the urjastifiable inter- ference of the inhabitants of some ot the States foreign by residence, interesis, and rights to the Territory. The Governor of the Territory of Kansas, commissioned, as before stared, on the 29th of June, 1854, did not reach the designated reat of his government until the 7th of the eneuicg Ustcber; and even then ‘{uiled to make the first step in ivs legal organiza'ion— ‘hat of ordering tae census or enumeration of its inhabitante—untii xo late a dey that toe election of the members of the legis- tative assembly dia not teke place unt.l the 30th of Merch, 1855, nor its meeting until the second of July, 1865. So ‘hat. for a year utter the Territory was consti: tated by the act of Uongresa, and the officars to be aj painted by the ‘eceral Executive had been commissioned, was without s compiete government, without any ative authority, without loca) law, and of course whout the ordinary guarantees of peace aad public ‘tcer. In other respects, the Govarnor, instead of exercising soxstant vigilance and putting forth all his energies to prevent or counteract the tendencies tw iagslty waich ‘are p:one to exist in ali imoerfec:ly organiz-d and ne wl, sreociated communities, allowed his attention to be verted from official obligations by otuer objects, and bit self vet an example of the violation of iaw ia the per- formance of acts which rendered it my duty, in the se qnét, to remove him from the office of chief executive magistrate of the Territory. Before the requisite preparation was accomplished ser election of a Territorial Legislature, an election of Delegate to Congress had been held in the Terri- tory, on the 20th cay of November, 1854, and the Delegate took bis seat in the House of Representa- tives without challenge. If arrangements bad been perfected by the Governor so that the election for members of the legislative assembly might be held in ‘he reverai precincts at the same time as for Delegate to Congress, any questicn appertaining to the qualification of the persors voting as people of the Territory would ave passed necessarily and at once under the super- vision of Congress, as the judge of the validity of the re- turn of the delegate, and would have been determined Before conflicting passions had become inflamed by time, and before opportuatty could have been afforded for sys- tematic iz.te:ference of the people of individual States. This faterference, 1 so far as concerns its primary eauses and 1's immediate commencement, was one of the | incidents of that pernicious agitation on the subject of the condition of tue colored persons held to service in | some of the States which has ro long disturbed the re- pose of our country, and excitea individaals, otherwise uictic and law-abiding, to toil with misdirected zeal Pte attempt to propecate their socisl theories by the and abuse of Neel pee of Congress. To per- sons anc the par ies wnom tenor of the act to organ- ime the Territories of Nebraska and Kansas thwarted io the exdeavor to impose, threugh the agency of Congress, ‘their particular views of social organization on the people of the future new States, now perceiviog that the policy ur leaving the inhabitants of each State to judge for them- in this respect was {neradiea ly rooted in the convictions of the people of the Union, then nad recourse, In the pursuit of their general object, to the ex:raordi- mary weasure of propagandist colonization of the Terri- tory of Kansas, to prevent the free and natural act on of Me ichavitants in its internal organization, ani thus to anticipate or to force the determination of that quesion im tris inchoate State. ‘With -ucb views, associations were organized in some of the States, and their purposes were prostaimed through the pres: in language extremely irritating ani offensive to thore of whom the colonists were to become the neig- Dors. Those designs and acts had the necessary conse- pen to awaken emotions of intense indignation in tes near to the Territory of Kansas, and ewpecially ip the acjoining State of Missouri, whose domestic peace was thus the most divectly endangered; but they ate far from justifying the iliegal and reprehensible counter-move- ments which evsued. Uncer these inauspicious eircumstanees the ekeetions tor memoers of the legislative asseadiy were he'd in most, if not all, of the precincts at the time and the places, and by the persons designated aod appointed dy the Governor according tolaw. ‘Angry accurations tha’ illegal votes had been bounded on ail sider, and imputations were made both ot fraud and violence. Bat the Governor, in the exercise of the power and the discharge of the duty conferred and tm by law cn him alone, officialiy received and con- the returns, declared a large msjority of the mem- bers of the Council and the House of Rey tatives “duly elected,’’ withheid ceruficates from ot! decause Gt alleged illegality of votes, appointed a new election to supply the place of the persons not certified, and thas at ten nh, ip ali the forma of statute, and with his own offi- authentication, complete | ity waa given to the fret Legislative Assembly of the Territory. ‘Thoee decisions of the returning officers and of the Guv- qxner are final, except that, by the Parliamentary usgeof the country applied to the organic law, it may be oono-ded that each house of the Assembly must have been compevent to determine, in the last resort, the qualiticati ns and the election of its members. The subject was, by its natare, oe exclusively to the jurisdistion of the local suthorities of :he Territory. Whatever irregularities mey have cecurred in the elections, it seems too late now to raise that question. At ail events, it is a question as to which, nei ber Bow, no! avy previous time, has the least posaible legal authority been oy the Pre- sident of the United States. For all the present purp »ea the legislative body thus constituted and elected, was ae dmate assembly of the Territo: ae ly, the Governor, by proclamation, convened the assemoly thas elested to meet at a place called Paw- mee ; the two houses met and were duly organized in the wuey perliamentary form; esch sent to, ead re ceived from, the Governor the official commanicutions ‘awual on such occasions; an elaborate message opening the session was communieaced by the Governor; and the al business of legislation was entered upom by the lative assembly. t, after few days, the assembly resolved to ad- Journ to snother place in the Territory. A law was . passed, aivet the consent of the) G»- ‘vernor, "ane form otherwins, to remove. the t of government temporarily to the ‘ Shawnee Manual Labor School,” (or ‘and thither the ercombly |. After th ring « dill fur the este! tof a ferry at the wwn of Kickapoo, the Governor refased to sign it, and, by apectal massage, ed for reason of refasal not fed uae taney ta tee bill itself, nor any pretence of the ality or fn- competency of the Assembly a4 such, but only the fact ‘that the Assembly had by its act transferred the seat of pment temporarily from Pawnee City to Shawnee ion, For tbe same reason he continued to refuse to sign other bills, until, in the course ot = few days, he, by official message, communicated to the Assembly the inet that he bad received notification ofthe termination of hin functions as Governor, and thet the duties of the devolved on the Secretary of the Terri- the body asa duly elected and constitated Legisiative Assembly. will be perceived that if any constitutional defect at- tached 19 the legislative acts of the Assembly, it is not NEW. YORK HERALD, SATURDAY, JANUARY 26, 1856. nr rot, that mast be ou account of some prohibitory or ineow patible provision of act of Congress. Buc n> such provision exists. Toe organic act, as already quoted, bays “the seat of government is hereby located ao. certela of the pubtc holdings here "may be oseupie: e public butiding® 1] 4 ‘oscupied and used under the directivn of the Governor and . lative Assembly.” These expressions might possibly be construed to umply that when in @ previous section of the act it was enected that “the first Legislstiva Assembly shall meet at such piace and on such day as the Suvernor shall appoint,” the word “place” means at Fort Leavenwortr—not place anywhere in the territory. It se, the Governor would have xen the first to err in this matter, pot only in himself having removed the seat of t to the Shawnee Mission, but in agan remov- om it w Pawnee Gity. If there was any departure from prsntyne ‘er of the law, therefore, it was his in both in- stax ce But, however this may be, it is most unreasonable to fuppose hat by the terma of tue organic set Congress intended to de impiiecly what it has not done expressly —that it, to forbid to the Legisiative Assembly the power to chcose amy pisce it might ree fit as the temporar; teat of ite deliberations, t is proved by the signifi- cant language of ore of the subsequents sots of Congress on the subj-ct, that of March 3, 1855, which, in maxing appropriation for public buildings of the Territory, enacts that the same shail not be expended ‘“antil the Leginis turp of raid Territory nball bave fixed by law the permanent seat of government.” Congreas, in theve ex- pressions, does not profess to be granting ibe power to fix the permanent seat of government, but rscogatves the power as cue a’ready granted. But how? Undoubt- edly by the comprehensive provision of the organic act itself, which declares that ‘the legislaiive power of the Territory shall extend to all rightful subjects of legisla- tion consistent witn the constitatioa of the United States and the provisions of this act” If, in view of this act, the Legislative Arsembly had the large power to fix the permanent seat of government at ang place in itt ¢iscretion, of course by the same enacument fi had the Jess and the wager F to tix it temporarily. Nevertheless, the allegation the: the acta of the lative Avsemb'y were iilegel by reason of this removal of ita pince of sescion, was brought forward to justity the first great movement in dlaregard of law witha the Ter- rhory, Ore of the acts cfthe Legislative Assembiy pro- vided ‘for the election of a delegate to the present Von- gress, aud a delegate was clected under that law. Bat subsequently to this a portion of the people of the Terri- tory procees without suthority of law, to elect ano- ther delegate. Following upon this movement was another and more imporiant one of the same general character. Persons corfessedly not constituting the body politic or all the inhabitants, but merely a part of the inhabitants, and without law, have undertaken to summon a convention for the purpose of transforming the Territory into s State, and have framed a constitution, adopted it, and under it elected a Governor and other officers, anda re- presentative to Congress. In extenuation of these illegal acts it is alleged that the States of California, Michigun and others were self organ- ized, and assuch were adwitted into the Union without s previous enabling act of Congress. It is true that while in & majority of cases a previous act of Congress has peen passed to authorize the Territory to present itvelt as a State, and thet this is deemed the moet r course, yet suchan act has not been held to be indispensable ‘and, in some cases, the Terri‘ory has proceeded without it, ané has vevertheless been admtied into the Union av ae ptate. It lies with Congress to authorize beforenand, or to confirm afterwards, in its discretion. But in no in- stsnce basa State been admitted upon the applicatéon of persons acting egainst authorities daly consrivared py act of Congress In every case it iz the people of the Territory, nova party among them, who hive the power to form s constitution, and ask tor sdmis-i0a as a State. No principle of public law, no practice or precedent un- der the oonstirtion of the Unived Stater, no rule of rea son, right, or common sense, confers avy such power a3 thatnow claimed by mere party in the Tercitory. In fact, what has been Cone is of revolutionary character. It is avowedly eo in motive and in aim as respects the local law of the Territory. It will oecome treasoaable in- surrection if it reach tae length of organized resistance by force to the fundamental or any other federal law, aud to the authority of the general government. In such an event, the path of duty for the Executive is plain. The constitution requiring ‘w take care that be laws of tbe United States be faithfully executed, if they be opposed in ihe Territory of Kansas be may and should place at the disporal of the marshal po go force of the United States which happens to be within the jurisdiction, to be used ax a portionyt the posse comitatus ‘and, if that do not suffice to maintain order, thea he may cali forth the militis of one or more States for that ob ject, or employ for the same objest any part of the land or paval force of the United States. So, if the ob- strve.ion be to the laws of the Terri , and it be daly presented to him as a case of insurrect he may em- ploy for its suppression the militia of State, or the Jand or naval force of the United States. And if the Ter- ritory be invaded by citizens of cther States, whether for the purpose of Ceciding elections or for any other, and the Jocal authorities find themselves unable to repel or withstana it, they will be entitled to, and upon the fact Detng ‘uly ascertained theyfeball most certainly reesive, the aid of the general government. But it is not the cuty of the President of the United States to volunteer interposition by force to preserve the purity of elections either in a State or Territory. Todo #0 would be subversive of public frecdom. And whether a Jaw be wise or unwise, just or unjust, is not @ question for bim to judge. If it be constitutional—that is, {f it be the law «f the land—it is bis duty to cause it to be exe- cuted, or to sustain the authorivies of any State or Ter- ritory in executing it in opposition to all insurrecti mary movements. Our system affords no justification of revolutions: actts; for the constitutional means of relieving the people of urjust administration and laws, by # change of public ogenia ‘and by repeal, are ample, and more prompt and effective than illegal viclence, These constitutional means must be scrupulously guarded—this great prero- gative of popular sovereiguty sacredly respected. 1: is the undoubted right of the precesble aud orderly people of the Térritory of Kansas,to elec! their own legis- jative body, make their own laws, and regulate their own social instit ations, witbout foreign or domestic molesta- tion. Interference, on the one hand, to procure the a»oli- tion or prohibition of slave labor in the Territory, has produced mischievous interference on the other for its msintenance or introduction. One wrong begets an>- ther. Statements entirely unfounded, or fad exag- gerated, concerning events within the Territory, ara sedulously diffured through remote States to teed the flame of rectional animority there; ani the agi ators there exert themeelves indeta' in retarn to ensou- e and stimulate strife within the Territory. inflammatory agitation, of which the is but @ part, has for twent} juced notl unmitigated evil, North acter ot the domestic institutions of the future new State would have been « mat er of too :ittle interest to the ia- habitants of the contiguous States, personally or eol- lectively, to produce among them any political eomms- tion. Climate, soil, production, hopes of rapid advance. ment and the it of happiness on the part of the settlers themse! ; with good wisbes, but with no iater- ference from without, would have quietly determined the question which is at this time of euch disturving char- acter. Bat we are constrained to turn our attention to the circumstances of embarrassment as they now exist. It is the duty of the people of Kansas to discountenance every act or purpose of reristance to ite laws. Above all, the emergeney appeals to the citizens of the States, and expecially of those contiguous to the Territory, neither by intervention of non-residents in elections, nor b; unauthorized military force, to attempt to eneroaci upon or usurp the authority of the inhabitants of the No citizen of our country should permit himself to for- that he ix @ part of iis government, and entitled to be feard in the determination of Ita policy and ita measures, and thet, therefore, the highest considerations of per- sonal honor and patriotism require him to maintain, by whatever of power or imfimence he may possess, the in- tegrity of the laws of the republic. Entertaining there views, it will be my imperative duty to exert the whole power of the Executive to sup- port public order in the Territory; to vindicate its laws. whether federal or local, againat all attempts of organized resistance; and #0 to protect iia Wawro in the establishment G of their own inetitntions, andi bed by enc:oach went from without, and in the full enjoyment of the rights of relf- government assured to them by the constitution and the organie act ot Congress. Although serious and threatening disturbances in the Territory of Kansas, announced to me by the Governor in December laxt, were specally quieted without tne effasion of blood, and fo & satisfastory manner, there is, I regret ‘to tay, reason to apprehend toat disorders will continae to oecur there, with increasing tendancy to violence, until some decisive measure be taken to dispose of the question itself, which constitutes the iniucement or occasion of interna] agitation and of external interference. This, it seems to me, can best be acsomolished by pro- viding that, when the inhabitanta of Kansas may desire it, and shall be of suffictemt numbers to constitute « State a convention of delegates. daly elected by the qaa'i- fied votera, shall assem>ie to frame a constitution, and thus to prepare, through regular and lawful means, for ita a¢mission into the Union as «State, I reenectfally recommend the enactment of a law to that effect. I recommend, also, that a special appropriation be made to defray any expen:e which may become requisite fn the execution of the Jaws or the maintenance of public order in the Territory of Kansas. FRANKLIN YIERCE. Washington, January 24, 1856. Pending the seduction bill of Mr. Nuttall, in the Ken- tucky Legielature, Mr. Rogers, a gallant and accomplish ed mem from Warren, introduced an amendment, which, if adopted, will create some stir among the ladies, It provides that any female guilty of attempting to ne- duces young map, by we. Jow neck dresses and other captivating articles of attire, shall be punished with the sare penalty affixed in the case of seduction, The gay deecetvers be obliged to corrept their habita, should this amendment be adopted, The National Knew sa4 Convention. Ornce or Cor. Sc. N.C. U. se } New Brunswick, N. J., Dec, 37, . To Janne W. Banc, Hag. Pres, 8. 0. of New York:— Dua Su— Enclosed you will find » printed sip eon- taining » proclamation of the President of the National Counell, which you will please bring to the attention of your State Council. A portion of the proclamation being a ca'l for a spe- cis! meeting of the National, to be heid in Philadel; on the 18th of February next, I transcribe for your in- formation the leech iy ag een ag the constitution of the N. C., as amended in June last:— oom 3 ant, ‘The N.C. shall be elected annus! from each State, ‘Dawe and by Somat ta « ‘ate Council shal! be entitied to the same number of electoral votes, and cach District and to select the number to which they from the reven tes State councils w! As soon as they are elected you will please apprise of the delegates and also of the alternates to the Nomi- nating Convention. Let your lists be signed officially if you please. Yours, fraternaDy, "CHAS. D, DESHLER, Cor, See. N.C. U. 8. N. A. TO THE AMERICAN OXDER IN THE UNITED STATES. In accordance with section 3 of article 3 of the consti- tution of the National Council of the United States of North Ame thovizing the President to oall a spe cial meeting “upon the written request of fi reprerenting five State Ceuncils ”? the provivions of said section having been complied with, by the authority of id constitution, notice is hereby given to the several ta Councils snd to the delegatn to tho National Coun- cil, that there s special meeting Couneil, to be holden in Philadelphia, on Monday, the 18th day of February next, for the transaction may be brought before it. BAI Pres’t Nationa! Council, U. 8. N. A. OFFICE OF THE PRESIDENT OF THE STATE OOUN' CIL, NEW YORK, NO. 3 NASSAU STREET. New Yor, Jan, i To Dervrms AND PRESIDENTS OP SUBORDINATE OoUN*18:— In accordance with the instructions of the National President, notice is hereby given, that, in order % com- lete the New York Dviegation to the ensuing National Session, February 18, 1856, there shall be convened as carly as practicable, 1n each Congressional dis:riot, (ex cept the Sth 10th, 14th, 18th, Zist, 26th, and tricta, in which Messrs. Barker, Lyon, Parsons, Sam- mons, Squires, Mallory and Seymour are the delegates, = having beem previously elected by the State Council,) a Convention, to elect @ National Delegate to the Special Seesion“ordéred by the National Presideat. To ecmplete the full delegation, it is suggested that the Corgressional Delegates be empowered to elect two at large from the State. ‘The returns of the several elections, it is hopad, will be forwarded without delay. . W. BARXER, President New York State Oouacil. Navy Board Lyrics, BESPECTFULLY ADDRESSED TO THE COUNCIL OF FIFTEEN. ‘TO THE EDITOR OF THB HERALD. Permit me to request the publication of these fow poetic Hines, addressed to the people of the United States, but dedicated to that brave veteran and mentor in naval affairs, my first commander, Commodore Charles Stew- art, Ientered on board the United States line of battle rhip Franktin as a boy, and was rated in her book ag an ordinary seaman, in which capacity I served on probs- tion two years; at the end of this time, in the harbor of Valparaiso, in’ sight of the spot where my father, the late Commodore Porter, co long and gallantly defended bis chip (the Essex) against a vastly superior force of the enemy, I ived ‘rom the hands of Commodore Stewart my frst appomntment av an acting midshipman. To say that my feelings at that early age could be ex- pressed would be impossible—it made an impression on my mind never to be effaced. On the arrival of the ship im New York my appointment was confirmed, and Icon- tinued in the navy until the late action of the Navy Board thought proper to place me with this gallant bero out of the line of promoti n. These iines are, therefore. dedieated to him py his admiring friend and obedient ser- vant, W. D. PORTER, Oh! spare that brave man— Touch not his well earned fame, For on the deep blue vave He gained a priceless name. Look at his noble deeds, His trim, his brilliant mind; Do not concemn him yet, For he bas not ueclined. The tame time-honored man, en war's fierce blast rang ri Hgtteinio coe Te ‘At canger’s post #as found. And as his ship received Full many a fearful shot, It qn will think of this ’m sure you'll harm him not, When I was quite a boy, Old England’s banner proud Swept o’er the ezure main, Bidding defiance loud. His ship equipp’d for sea, And as his fierce broadside Pour’ forth upon his fosa, He lower’d their haughty pride. Should not our heartstrings cling Around our naval ebief, And proudly poiat to him Who ne’er from danger shrank. 01d Stewart, you still can brave The battle’s fiercest roar, And prove upon the wave ‘You're Ironsides once more. Brooklyn City News. A New Poumnicat OrcanaTion—Auenicans To Rvix Awrnica —A large meeting favorable to the organization ofa new party on native American principles, stight!y motified, took place at Rathbun’s Hotel, Fulton street, on Wednesday evening. Msyor Hall was called to the chair. and in « few brief remarks disclosed the objects of the as- semblage. A committee having been appointed, reported a constitution and platform, which sets forth the follow- ing, in which the nature and objects of the association are set forth:— See. 1. This body shall be known as the ‘‘Young Men’s American National Club of Kings Oounty.”? 2. The object of the club shall be to vindicate. at the ballot box, the following platform of principles:—1. Ame- ricans to rule America. 2. The maintenance of the Union, and the compromises of the eonstitction taithfully fulfilled. 8. The absolute exclusion from the creed of tne American ry of all sectional doctrines that are at the vested rights of any portion of the American Union, and the disuse of the name, influence or organization of the American party to advance any measure agaiast the constitutional ita ot the Staies, or the {otentions or effect of which shall be to endan; perpe-uity of the Union. 4. No eectional interference in our Legisls- ture, and no proscription of persons on aseount of reli- gious opinions. §. Hostility to assumptions of supreme control over its members on the part of any and all eccie- siastical bodies, in political mat ‘as anti-republican in principle, and dangerous to the liberties of the people. 6. Fierongtt reform in the na‘uralization laws of the federal nment. 7. The enactment of laws for the protection ofthe purity of the ballot bex by the Sta‘e. Regarding the institution of involuntary servitude, local, and not nstional in ite character; it must now, as 1p the time of Washington and his compatriots, be a sub- ject for the toleration of a difference of opinion by the citizens of the Northern and Southern States, sod aa such, bas no Mi a place in the platform of the Ameri- can party. 0. Pree and reliable institutions for the edu- cation of all classes of the people, with the Bible as the text book {n our common schools, This consiitutes the platform of principles of the new organization, which is intended to operate by the next Presidential eleation. A large number signed their names as wemberr; the permanent officers were elected, and the meeting a¢ journed. Desrrucrion or Horexs sy Fing.—A fire oecurred it 9 stablein Carroll street, near Columbia, on Thursday night, which resulted in the destruction of three valoa! J horses, with the stable and other contents, The animals were owned by Thomas Early, Thomas McGirn and Wa, Brewn. Their combined loss amounts to about $350. The building was owned by Anson Biake, aleodamag d to the extent of about $200. Some time previous, a fire broke out in ® range ct sheds in Flatbush, occupied as a slaughter-house, stable. &e., by Mr. B. S, Morris, of Brooklyn. The fire originated by the upsetting of a lamp in the straw. A berse valued at about $160, two carts, three sets of harners and implements belonging to the slaughter houre were consumed with the builcings. Lona on contents $800—no insurance. On buildings about $200; owned by Mrs. Cortelyou, f The Cherokee Chief John Ross, TO THE EDITOR OF THE HERALD. In to-day’s Herat I notice some account of the Cher kee Chie’, and should like to know if he is the Indir,; youth who married o white wife at Cornwall, Ct., msoy yearsago. Theaccount of him i=“ Many years ago he went into one of the Northern States, and married a white woman, a Quakeress,”? Tam under the impression that John Ross was edu- cated at the Foreign Mission School, at Cornwall, Ct., but may de mistaken, as Ihave no record or anthority at hand to refer to, and depend wholly on my memory or reco)Jection. Nearly or quite thirty-five years ago, when I was a Tepent some time within af+w m'les of tne then Ueleates Foreign Mission School as Orruvait, Gre, ted used to attend their anoual exiibitions. ani lam unier the impression that John Koss was one of the young lo- dian students there. Many of the In‘ian youth receiwed the Hieh names of the patrons of ihe school, asl be- lieve there was » Guy Chew, Mise Boadinet &e., among them. Henry Obikiah nod bis fiend, Thomas Htoopoo, from Owyhee, were at that echool. The marriegs of the indiau rtucent with tho white gtel of she vi lage produced « great excitement, and was raid to have been a inetoal causes of breaking up the school. Was John Koss the man ? BRooxtYE, Jan. 24, 1856, On the 19th inst., the Southern Brewery of Mr, Best, at Grtcno, ooenpied by Seipp, who owned the stock, took fire and was totally destroyed. About 1 600 barrels of beer was burnt, also 2,000 bushels of barley, be aides hepa, &s. The loss in beer and barley alene is about sil too. The entire loss cannot fail far short of Wo have not Beard that there was insurance on the mises. OFFICIAL CORRUPTION. ‘Trial of Joseph E. Ebling, Commissioner of btreeta and Lamps, for Bribery, COURT OF GENEKAL GRSSIONS. Before City Judge Onpron, paY. The court room was crowded to overflowing yesterday morning, it being publisly understeod thet Joseph E. Eb ing, the Commissioner of Streets and Lamps, weuld be put apon his trial upon the charge of bribery. Mr. Ed ing was present at the opening of the court, attend ed with his counsel, James T. Brady, Mervin Kj Brewer end Richard R. Busteed. The District Atturney appeared im person to conduct the prosecution. ‘The fellowing gentlemen were, after the usual forms and difficulties, selected as jurymen:—~ foreman. Jobn Hiller, Nelson Hopkins, Thomas s, Albert Hubio, James C. Andrews, Milton L, Western, Benjamin Eilizon, E. H, Conway, ‘Wiliiam J. Leward, [38 Robert H. Peter A. Valentine, William J. Lewis. In empanneliing the jury, Mr. Brady said the unphea- rant duty would devolve upon him of challenging. When Mr. Nelson Hopkins was ealied to the stand, Mr. Hail said he should challenge tor favor, en che ground that this gentleman belonged to a political seciety calle’ Know Nothings, to which Mr. Ebiing alo was supposed to Delong. Mr. Hopkins, being sworn, said he was vot a member of apy sach political organization, and wa- sworn ass juror. The question as to whether they belonged to the Know Nothings was put to the other jurors, and-when ans vere im the negative the juror was accepted. ‘No one wa- found who had expreesed an opinion in the vase. Mr. Hall opened the case fom brief speech. Heraid—Gentlemen, you have been empa- nelled to try case of public importance, it being agsias! & public officer, and this made it the:more nacassary that you should be selected with the caution which has been used by the prosecution. The ind:etment is for bribery, which formerly was 8 legal term, only applying to cor. ruptions of this kind upon the bench, oat now, by » law o! this State, this can apply to any public officer, (The M1:- trict Attorney here read to the jury the statute on brik ry.) On the 9th of Jan., 1855, acoording to the finding ofth Grand Jury, Joseph E. Ebling, Commissioner of Sire! ard Lamps, entered into ap agreement with Smith, Sickle &Co. to use his influence, perronaliy and offictally, to award to this firm a contract for cleaning the streers of the city of New Yerk, upon conskieration of his receiviog from this firm, for such renvices, ali of a certain amount of aie 4 which they received over $140,000 fur ther work. Tie proseeution would farther prove that Mr Eblirg wae s public officer, and in tia cfiivisl eapsel*y made 8 bar to give the firm Smith, Sickl: & Co. » certain contract for a thing of value, and he shouid en- dea vor to show that this indictment came unier the statute he bad just read. ‘The first witcers called was Reves B. Selme—I am Clerk to the Board of Aldermen, there documents are the original documents of the Com. missioner on Streets of this city. Mr. Biady—We will admit the originality of these ers. mir Morgan A. Mott was next called—I am engaved ic. the office «f Ocmmissioner of Streets and Lamps; I know Mr. Smith, of the firm of “mith, Sickles & Co. Q, Whose handwriting is this peper in that I now show you Witnesr—I dectine anewering. Mr. Hall—Cpcn what grounds ? ‘Witnees—It may tend to criminate myself. Wr, Hull— Did you ever see this payer before? Wrtneset cecline answermg. yf; Be you know the handwriting of Mr. Ebling? A en, Bir. Q: Is this paper in his handwriting? A. I should think not. Mr. Hal!—This is al). Mr. Brady—1 have nothing to ark. Mr. Robert A. Smith caliec—I re-ide in Brooklyn: I am a coviractor; 1am acquainted with Mr. Ebling; one yeat ago I was ove of the firm of “mith, Sickle & Uo., ana had the contract for cleaning streets; [ then resided in Phila- éelpbia; I went to live in Brooklyn about two months neo; I first knew Mr. Ebling in November, 1864; I met him st bis own bouse, in the Bowery; there were othe-+ present at the time; he was then Commissioner of Streete elect; heandIvben bad no conversatioa in regard to clear ing rtreets; my object was to call his attention to it, ona be said he woud Hse to have a private conversation in regard to the matter; I next had an interview with bim cn the same day, in the Metropolitan Hotel; I had rocms there; we then had some conversation in 0 our machines, #nd the probable cost of cleaning the city; none were presevt but Mr. Ebling and myself; my next weeting with him was in Pbiladelpiis, about three ; at that time Mr. 8 Mr. Hartman, Mr. Bresdon and myself were present; Mr. Ebling ratisfied with the capabilines of the ma- chine, be ratified tie agreement. This agreement was, that he would use his iufluence to get me the con. tract, provided he would agree to give him all he receiv- ed over $140,000; 1 was a stranger, myself, ia the cit ard was pot aware of the illegality of the contract; the understanding was that the agreement was not bindlog if Mr. Ebbiing was not satistied that the mashiae coula oo ita work. ard if, after he saw them in Philadelphia, they did not work satisfactorily to him, the matter wa: to drop; he was at that time Commissioner of Stree‘s eect, and not yet confirmed or sworn; I tbiak Mr. Eo Diing remained in Philadelphia two days, and expresse+ his ratisfsc'icn with the machine; I next saw him a: his house, atout the 6th or 7th of Jauuary. ‘Wi'nese—Gentlemen, I cislike very much to give this evicence—I am brovght here against mny will. Mr. Hall—Ohb, that is nothing. Mr. Brady—Ob, you need have no more reluctance than you had before the Grand Jury. Witners—I did not go there with a Mr. Hall—Well, go on, and say what took place with Mr Ebiing in the January interview. Witnese—Re raid he could not ratify the e:ntra-+ unless we took his partner, Mr. Mott, into ti arrangement; we then ull met, my partners, Mr. Ebling and Mr. Mott, at the Smithsonian House, and we stayed there till 12 o’clock at night; we all there sgreed to go intoan sgreement which was written and given to Mr. Ebling, and I tcok the receipt; { have never seen that agreement given to Mr. Koling since; the purport of thix agreement was that Mr. Ebling snd Mr. Mott were to be special partners in chanicg the streets; we wore to furn- ith the money and stock and do the work: that Mr. En- Hpg and Mr. Mott were to ure their influence to obtain for us the contract; we were to do the work for $140 W)\); all over and above this was to be divided between Mr. Ebling and Mr. Mott; it was then understood that we should Jeave this matter in Mr. Ebling’s hands; this is all I recolleet of the agreemen’; I do not recollect that apything was raid in i. of bids; this paper shown me is the paper given me by Mr. Enling. Mr. Ba'l.—This paper is the one I showed Mr. Mott; 1 will read it; it is a8 follows :— ‘We. the undersigned, hereby bind ourselves to use all our in- fiuerce. both pers and officially, to obtain for Messrs. Suh, Bickles 4 Co.a eontract for the’ cleaning the streets of of the city of New York, and conform to the terms of agree: ment signed by the above named firm. JOSFPB BR. RBLING, New York, Jan. 9, 1855. M. L. MOTT. ‘Witness —The other agreement was signed by Smith, Bickies & Co.; there was an unders' that Mr. Eb- ing was toattend to the bids; I questioned the propriety of putiirg in more than one bid; he said he would atieud to that; be said he would arrange the figures; it was un- derstood that we were to come on as soon as | sogere and @ poriion of the work would be ready fer us to work Upen; we were te come on as soon as — Iweat home to Philadelphia, and my partners invested s large amount of money for the work; we purchased horses an. got machines, and in July we mace a bid for the work; after the in‘erview at the Smithsonian House, I met Mr. Ebling several times in New York; during one interview Iaeked Me. Ebting the propriety of seeing Mayor Wood; be raid no; he could do no good and might injure us; in May ry attention was called to the illegality of this con- tract, arising from some difficulty between Mr. and the firm; I called on Mr. Mott in to this. Mr. Hal).—Do not state any hing of interview. ‘Witness,—In July the bida were pnt in by us, and then I caw Mr. Ebling sgain; the firs: bids were rejected and we putin others; the first were declared informal, and ‘this was why tba tog in the second set; the informalit: Tir" policy in ‘his peivateotlce; he appeared vo be ver in_ his private office; peared very much dissatisfied with our bid, on he raid now the agreement was at an end, andthe papers had better be destroyed. . per did he refer to? Witnere—He re‘erred to the receipt in our possession; Mr, Pickles had the paper, and I wanted him to destroy tt; he said it had better be out of the way; we cid not yet tne work, and #0 the matter ended Croes-examined by Mr. Brady—You say you testify reluctantly, and you want the jury to believe this! ‘Witnese—I want them to believe it, Bracy—You went betore the Grand Jury re- itness—I did go before them reluctantly. Mr. Brady—You don’t want the jury to believe that you bad any éesire to see Mr. Ebling {aaprisoned ? Witness —1 have never had any desire to hurt Mr, Eb- Heady Who produced this receipt before the Grand Jury? 5 “Witwens—I did, and I reftised to give it up to any one; 1 did not tell Mr.'Hall of this affair; h 9 called me to his office and raid he knew all about the affair; he said I was in the fants of the Philatines, and had Detter come out laughter); parties 1e effora to get {renfme; tr Sickles tried to. got it fro me; T pever showed it to any one; I can’t tell how Mr. Hail toand out ‘about it; be must tell you that; I thought this oon. was eg I do distinctly oO that seing a stranger im the etty, | did not know that the contract was illegal. Mr. Brady—Did you not think tt Immoral? Witness—Thet is anocher thing; Mr. Kling aid {t wae he knew one of the heads of 10 000 ont of a contract, ond done justice to the city, and he said he raw no harm in meking an honest offer, if at the same time he did his duty to the city. Me. Brady—But was it immeral? Witness--Oh, [ can’t analyze my feelings; I would not have done as he did in his place. Mr. Braéy—Did you not consider it a dishonest trans- action? ‘Witnese—If I bad thought so I should not have had anything to do with it; as soon as I found out it was ‘wrong I did what I could to remedy {t; [ first proposed to wet. Eling abut the contract; when [ came on from Philadelphia, my partners knew it was to try contract for cleaning the streets trom the authorities; they did not know I was to approach Mr, Ebling; I suo- pored, when] saw Mr. Ebling, that he had a right to mal contract; he said he had himself; | have never studied the city charter; 1 spoke very highiy of my machines to Mr. ‘Ebling; my partnership with Sickles & Co. was formed in November, 1854; I was before that in other ‘business; the firm, smoe that time, bas been brokes up, and the partners are at the prosecution'in a very | variance; when | fist sew Mr. te te him, ner be to me; a! vate interview me about the machines; in taat in- te: view it was »gived he abou'd ome to Philadeiphis and fee the machioe- work. oe koow this hacdwriting? Wiinesv—1 do; it is from our firm, Mr, Brady—t! will read this, The eounsel then read a Yetter from Pmith, sickies & Co, from Philadelpnia, invit- ing Mr. Ebling 0 come on w see be machines work. Mr. Brady—vid vot Mr. Ebling come on to Philadel- phia in response ‘o this invitation? Witnew —He dk’; this invitation was sent by my top; I bad wo counse: at that time; there was no under- standing at any time that o sbould be henge 94 on here jor exveriment; the evntract wae brozea off, 1 think afer Mr. Eb! had sent ip bia report to the Common Covnels; I think this was in last April: the con- tract was reseinco! between Mr. Mottand myeel, ‘asearly ae April Mr. ott said he was very sorry he to do with this matter, and thought he would his office; I teld hum I would try end get the have them ‘all destroyed, an¢ this would end the matter; I ne- ver succeeded in getting the pepers 00 as to destroy the a; the bey ining of tha difkeully with us was ® quarrel be- tween Mr, Ebling and Mr. Hionemsn, one of our part- ners; he thought Mr, Ebling appeared opposed to us, and wanted to get rid of the contract. Mr. Brecy—Did Mr, Ebling not tell you as early as March that our machines did not do the work? Witners—ho. He said it was very fuolsh to try our machines in sueb » time, when ‘hy ise and snow were on the ground. I thought Mr, Eboling unfair in his eon- tract, and when I told him ao he maid { was fool, aad that it was for cur interest for bim to appear opposed to as. Mr, Brady—What I wart to know is whether Mr, E>- ling ever condemnec your wachives, aad sald thay were wumbegs, and Do oonteact with you ocald be made. Wiiness—0, you ean condemn snything. Mr. Brady—We'), did your masbines ao the work of chaning the streets? {Witnere—1 say they aid. Mr. Rbling can answer for hinwelf. Mr, Braéy—I will now pat in this letier writien by Mr. ‘Eblirg, written to Smith, Nickles & Co., on January 22, 1654. Uhis letter was » request to Smith, Sickles & Co., ‘from both Mr. Ebling and Mayor Wood, to come on au‘! one of tbe wards of the city, receiving tnerefor tbe actual cost of the work, and this would be # sufficien: ‘experiment, ‘itness— We responded to this invitation because it came from tbe Mayer. 7. iady—Did you never promise any reward to any ofthe iuspoct.rn ii they would report favorably to Mr. bling Ip regard to your machines? ‘Witness—1 never made apy offer of this kind; » Mr. Forcbamn was Inspector ia this ward, and wacted to take {ne ‘machine sbvut, and I told bie to mind bis own UsIDERE, Mir. Bra¢y—Did you not promise Mr. Fordham $500 to urt faverabiy? Wiltnene—0, that 18 about tne Mr. Brady—Why, what ix that befor Witnewr—Nor 1 either, exoept through the newspapers; I told Mr. Fordham 1 would rather give him $500 a bave bin sunoy me. Mr. Hrady—i'o you know Joueph Sow’er, of the Sixth her wages ward, and Cid you not promise to give him hig! if he would report favorasly ? Witnes:—I snow Mr. Sowder, but I never promised to irvereare hix wages on any such consideration; I em- ployed a relative he sent me, but not for any such con- sideration. Mr. Brady here read # le\ter written to Mr. Ebling, written in March, 1866, telling tia were ready to test their machine Se'ore the Msyor and that committee; abd to this was teed @ jeter from Mr. Ebling, saying that the Meyor and he were ready to tert the mashine. Mr, Brady—Was not » trisi made before the Mayor and the Stieet Committee and Mr. Eb\ing, in March ? Witnesr— There wus a tria!. Mr Bracy-—Were ‘hey vatisfied? ‘Witness—They were satisfied. Mr. ly—Now, all this time did you not know that Mid could not make a contract ? Mes—Now you cumpel me to bring ont an answer. Mz, Ebling said he would put us on the streets, aod we would break the other contrac‘ors; he said they! were lot of fellows who did not haif do their work, and he would complain of them ‘iil they were broken, and some ecntractors were broken in ihe lower wards. Mr. Brady here read a commanication from Mr. Eb- ling, semt into the Soard of Alcermen, in April, 1853, ruying, that in connection with his Honor the Mayor, ne hed afowed Mevsre, Smith, Sickles & Co. to test their machine, and} ad entered intos contract for cieaning the streets, which contract could be broken at any tims, ate eerie did not do the work to the satisfaction of ell parties. ir. Busteed then read the public contract entered into between Smitb, Sickles & Co. on one side, and the Con- irler, Mayor ‘ano the Street Commissioner on the ozher Latino which contract passed the Board of Aldermen” in 1855, Mr Brady—On the 10th of July, 1855, you wrote to Mr. F bling this letter, cid you not? Witness—Yer, sir, this letter is from me, Mr. Brady then read ‘he letter stating that Mr. Eb- ling hud vielated a certsin contract and a certain otii- ation, and reqnested him to set forth a certain time aad place when he would meet him (Mr. Smith) and have s fins! setrlement ot all me ters between them Mr. Braéy—You wrote this letter in July, and yet you fey you urderstood that the con‘ract was at an end as easly an April? Witnese—Yex; I wro‘e that letier a-hing to ceal with Mr. Ebling af » geutleman, ano to let him know that | ‘was willing to carry out the contrast, so far as I could honorsbly do ro. Mr. Brady— Do you mean to tell me you did not intead to convey # threat by shis letter? Wituesr—I did not intend tt ssa threat; we were to- formed of the iMlegslity of the bi¢s by our counsel, Mr. Bait aby, in July, 1866. Mr. Bredy—t will now read to the jary the printed form upon which bids fer contracts are made. The form was read, in which was un oath sworn to by Smita, Sickles & Co, to the effect that no head of department, clerk, or ary other eflicfal nad any interest whatever in the bids anc estimates banded in by them. Mr. Brady—Did you noi goto Mr. Ebling and offer to sell that receipt? ‘Witnes:—No; Mr. Ebling wanted to bny it; Mr. Sickles told bim he weuld have it destroyed; Mr. sickles had it, and I did not get it until August; afrer ‘his [ went to see Mr. Ebiing, and offered to d the paper, but Mr. Ebling rio he would not destroy his psperr; be said I ight dertroy tho receipt or not, as I liked, he would not destroy hix; J considered Mr. Ebling treated me very un- gen'lemanly for I rew ‘hey wanted to create the impres- sion that I came to sell this recei;t; when I came to the city in October I called on the Mayor, but not im refer- ence to thie matter; Idid not ehow tuis paper to Mr. Barnaby, but 1 did show it tothe Mayor on the 18th of October, 1856; I would vevture to take the contract again to clean the streets to-morrow tor $140,000; [ did not think it wou'd cost more when I the con-ract; Idid not know what Mr. Ebling expeeted; he said h« though’ it would cost $170,000, and he of course was in for all over $140,(00; 1 don’t remember offering Mr. Ebling » present ofa watch, or horse, or anything of the kind; [ ¢id not rake any offer of a present; it would have been a smali way of doing business. Mr. Brady—Can you well of a sirgle act of Mr. Sickles’ Lg ot your machine after the month of Januacy, Witnees— He was not exactly hostile, but he opp2sed us, ard raid he could work better for us by doing so; he seid once, “Smith, don’t be seen with me, if you please; the councilmen are going to increase my salary, and they won’t do it if they think you aie colleagued with me.’? Mr. Brady— You knew that you could med aw ‘the con- tract without being the lowest bidder; then how did you Be Mr. Eoling to assiat you? itness— bat is whet puzzied me Mr. Brady—That is just what puzzles me too; can’t you answer it? Witneese—Mr. Ebling said he would attend to that, and ree that the matter was fixed all right, 0 I left it to him, Mr. Brady—Tha fs ail. Mr. Hail—I have no other questions to ask this wit- Mr, Hall then called the attention of the Court and the jury 10 the ordinances regulating the advertising for bids in awarding sunuracts. The Court then adjourned till to-da; Marine Court. Before Judge Thompson. COMMON CARRIERS TRANSPORTING GOODS BY STEAM. Jorrance against Schemier & Brother.—The plaintiff is the owner of the Ariel, cne of the Vanderbilt European line of steamships. On the lth of October last, four packages of merchandise were shipped ou board tne Ariel, at Havre, fer the port of New York, consigned to the de- endants. While on the voyage a portion of the cousign- ment, to wit, a case of silk was damaged to the amount of $4283 965 by the heat which issued from the ship’s engine a.d botlers. It was proved upon the trial that some time after the case in question was taken out of the ship, some of the slik was so warm as to make {t uncomfortable to hold the hand between its folds, The effect of the heat ‘was to wrinkle or coggle the goods, and destroy their n tural lustre. The captain of Mose Veumel ant the engraset both testified that this merchancie was stowed away ‘a warm piace, im » part of the ship used for that purpose, de: weem decks; that bet peg ‘were eighteen or twenty feet from any portion the engine and boilers; that there was but very little leakage of steam from the bofiers cr any part of the engines—no more than {s usual in the very best enc imaged bgp oonstrusted; that al! boxes of ‘werchandise en abcard the ship and stowed be- tveen decks usvaily get warm upon the voyage. The plaintiff brings this suit to recover $07 20 for tue freignt- age of the four cases in question from Havre to New Yorn. ‘The defendants seek to recoupe or set of their claim for damages dune to their property while on the yorege. A By Cp peyment against the plaintiff to ‘Thompeou J--—The facts adduced in this case prove eoncteseoty that the utmost care and caution wero ob- werved by de engineer in regulating the amount of steam fecenwary to propel the abip, and that the bolle tapives were of tne most feciles construction, id spectacle mater. I pever heard of that LIABILICY OF of lacing con‘aired the following clauses, to wit:. acta of }, epermies, pirates, restraints of princes and rulers, fire at rea or on phore, collision, ta from machinery, bellers, steem, or any other accidents of the reas, iver ‘and steam navigation of whatsoever nature or kind, exceptec.”” Kelying upon theee facta, the piniatiff peeks to excuse himeeif from liability; while the cefen- a elsim a recovery under the rule of the law that common carriers are answerable for all or de: not cecamoned by the act of God or the public enemies. an express contract only, can a corrier reastrict his common law isbility. The re- etrictirg clause in the bill of lading does not except the care under consideration, becsuse it only refera to éamages occasioned ;by certain accidents, In this instence the damages to the ‘was not the re- sult of an wccident of any kind w Thave been unable to find eae cinnares |x) ae of vee eM in all respects pr as one under a4- vieenent- 0 such ey, was cited hy counsel, on he trial. In the sase of Stordet v. Hail, (4 Bing. R. 607), the action was for injury done to @ cargo by steam which escaped through a.crack in the boiler, occasioned by the frost. The noe of the carrier was that the iojary re- . caures against en lied from the scéf God. ‘The Court beri? bowever,. that the carrie: wae guii’y of negligence in eo Gling up hte builer, and not keeping up firs sufficient to prevent rach: occurence. The defendant was held to pe lable for jujury to ibe cargo. Sein this ense, if the goods had beep slowed at a uroper dietauce from the balers, they woulé have surtaived n> injury from the effects of the steam or beat is-uing from ine sbip’s e Bat eoun- sel for the plainsif! put the her the com- Tule applicable to an to la thn ages pteam pevigaifor. 11 is true, dibed 1s sy the inceeream of steam asa ogi wer in mechwnice; the eourts mey yer fermine to restrict its severity when brought to bear im eertein cases against carriers by sam. If the testimovy would warrant me in the fact to be that (be iz jurier complained of were the result of whieh bepan inte ation could have in: terposed no barricr; in other words, damages been the result of inevitavle consequences, incidental to steam navigation. I +rould feel to hold that the loss wuat tall upen the defendants. But s common car- rier is snewerable for all losses which are sustaiued by his cargo ip all ceses, except euch 98 are eccasioned by the vis major, the king’s ever ies, or such 88 are except- ed by special contract. The property in questiod was in- jured by an experuie to beat «bile om the Ariel. ¢ damage might bave heen avi ided, because She peoot shows that owner goods that cxme i the rame es caped wholly uninjured. The injury was not the result. of inevitable couse, nor was it such # ome as sould not have been ayotded by human ngency. The diffisalty, no _, doubt. was occasioned by stewing the til in too close proximity to the engiors. Judgwent must therefore ba, rendered for cefemants for $306 75 and costs. Court of Common Pleas. TaN. 25.—Edgerum va. Paye.—Thin action, before ar- gued on demurrer to answer, before Woodruff, Justice, ond demurrer sustained, is now presented on demurrer to antwer at rpecial term of the Common Pleas, The facts sufficiently appear in the opinion: Enavy, J.—This action war commenced to reeover one: querier’s rent of the first floor cf the premises No. 8 Fulton street, endiog Int ot May, 1856, under a his for ym Ant May, 1864, witn : ‘one ‘Tue anrwer s¢ 6 out the agreement of rent- pg, and allegex :—That the renewal provided for im the lease was the main inducement to the taking of the lease, and the pifveipal cause of its value; That between 1st dey of Feorvary, 1860, and Ixt May, 1866, the plaintiff was the cocuyant of the entire upper part of the premises io question, and eleo of premises No. 10 Fulton street. ‘bat between tore deyx the plaintiff? neghgen'ty and waptenly suflerca » waste pipe or pipes, whic! were used to og otf waste water from the part of premises No. 8 and No. 10 Fulton sirest, stiached thereto, and which extemied down al the rear of thcr@ premises avd communicaied wit! the sewer, to get cut of order and become unfit tor the purpose for which they were intended. And fur- ther, that ip courequence thereof waste water aud other fiith flowed thrvugh the pipes and leaked and es therefiom into and upon the eeiliog, floor and other | parts of the demined premiree, in‘er! with and de- priving the defenasut i » great degree of the substantial aud benetical enjoyment of the premises, and injuring and destroyirg the pre Lh Ad the detendant. That the plaintiff kniew 01 the condition of ‘he pipss and the injar; ‘w the de‘endant ay stated, ani could have prevented {¢ by ordinary care and vigilance on his part. That, al- - though requested at divers Limes, Karty with the Ast of February, 1865, avd eniing with the Let of May, 1855, to repuir the waste piper or abstain from the use them, he did neither, That an oonsequence of these oc- / currences the defendant wax obliged to abandon the de- mised premi-es, and was deprived of the privilege to- renew bis term, of which he totended to have availed himself That the plaintiff and cis servan'a negligently and wantonly poured and threw water, and otherwire, at aivers times during the Test mentioned, from the premisea occu; by him, to that the same ran into and upon pre- mises of the defendant, and injured bis property. ‘Thi uncer ‘he circumstances, the de‘ it de nies that he cecupied the cemised premises, or is indebt- ed for rent, a» sileged in the complaint, or that the plaintit is entitled to apy judgment against bim. The ‘efenJant then insists that these matters amount in law to an eviction, and are bar to the plaintiff's recovery. But if not silowed as such, alleges that he will recoup the Camages sustained, or claim the benefit thereof in some way to be held by the Gouri. The plaintiff demara the answer on everal grounds, stated ta detail, but to the defenee of eviction for the ‘ollowing reasons:— First— That the facts do not cops! itute an eviction. Secondly —Tbat the interference or distarbance is not tantemount to an eviction before the tenant leaves the premises. He cannot ve evictec and still oscupy; and Thirdly—Recaure ihe defendant did not leave the de- mised premises until after the expiration of the term, and until the ren? bed fallen due by the terms of the con- tract. It was ccnceded on the argument that by the weH settled law of this State, there must be an entry and expulsion or the tenant by the Js: deliberate distursapce of the possession, depriy- ing him of the bereteial enjoymen: of the demised premises, to cperste aa @ suspeurion or extinguishment of the rent. Dyett va. Pendleton, 8 Cow., 727; Ogilvie va. Hill, 6 Hill, 62; Cohen vs. Dupont, 1 Sand, 3. 260; and’ Chief Jusiice Neon in Ugi.vie vs. Hull, supra seys, that ‘no genesul principle is bevter settled or wore ani- formly adhered 10.” It was issisted, however, by the counsel for tbe piaintafl that even if the facts were held sufficient to creute an eviciicn, yet as the defendant did net abandon the premises before the reut became due, the eviction wax not complete, That this and kindre{ caxes involved an election by the tenant, to be sigaitied by quitting the premises, and that be could not be «victed avd sul oceupy as the defendant in this ease had done. 1 think it would be cifficult to present @ strooger case than that of the cetendant. For a period of three months, with full knowledge of the condition of the pipes, and of he injury to toe defendant’s property, and aithough «fren reques‘ed to abate the fs ty the defendant Te mitted the weter to flow on, utterly regardiess of his «uty as a landiord, and of the rights of bis tenant. The pipes were used for his benefit, and the injury end disturbance which condition caused and ooee could have been obviated either yy repairing them or their In the case of Cohen vs. Pe ee the tevant ‘was subjected to the annoysnces by the igndlord, and his fomily, not directly affecting the apartments of the » tenapte—but the cr age es and the enjoyment thereof. The principle facts, however, were that the tenant being a aentiat numerous ealls upon him tor professional , and that the Upstaergi family by muffiing the beli compelled the visiters of the tenant to remain at the door from fifteeo to twenty minates with- out effecting an entrance. And it was insisted that this if persisted in would seriously impair, 1f not destroy, the tepant’s business. The plainuff dia not regard the mopsv ances of the tepant aguinst these acta, and jury ceciced that the acts complained of were ten. The Court coveurred in that conclusion, was certaily correct. It will be perceived that the charged upn the landlord in that case affected the joymwent of the premi-ea remotely, the only disturbant being the access thereto, and not within no loss of property bot @ probsble injury if in this care the disturbance gues to the entire | cemise, and is attenced by the destruction not of the business profits, but the property of the defendant. It was urged on the argument, that it was reason- | sable to assume from all the facts divulgea, that the, | pipes were used in ccmmon between the parties, ‘and that, there berng no covenant to repair on ae part ot the plaintiff, it was the duty ot the tenant te protect himself. No precedent, 1t is believed, can be touad for assuming acy ‘act by inference or implication, to sustain a cemurrer, more especially it that assumption would eonfiiet with the Admitted by the demurrer iteed. Im addition to!that, however, and as # far- from pipes Used ty the plaintil, kip, part of no peee ipes used by in mises, over which be bad control, but Pitch neglected to exercise. The defencant bad not covenanted to repair, and it he had his covenant would extend to bis demire, of which the pipes formed no part. @ tezant has power to prevent, or can prevent, the dis- turbance of big cn, does not, in the absence of any obligaddn to do #0, jdestroy the effect of an eviction. The doctrine of self-protection if that respect, asit may bestyled, was announced by Justice Sather- and in byett vs. Pendieton, in the 4th 681, but the Court of Err’ ra, when that cave was d there, rejected the ,and as | understand it, for the pisin and obvious reason that it 19 the duty of a landlord who creates ® nuisance or disturbance to sbate the one or arrest or remove the other. Hav- ing thus determined that the ‘acts alleged im the apawer are ‘ufficient to sustain the defence of evic- tion, it is only pesewary to ccnsider the effeot ot the de- fendant’s coatinuing in ‘esiun until the rent became due. Prior to the ion in the cave of Dyett vs. Pen- dieton, an baci ach the landjori and expr te- nent was ounsidered to be neccesary to cdnstitute an eviction; and the case of Bennett va. Bit and whether 4 Rowle, 839, is regarded as leading auttority on that abject.’ Ice pot understand thes case, although di ns a subsequent to Lyett vs, ton, 88 doctrine of eviction by the disturbance of the tenet in his powrension. However that way be, the effect of eviction by entry and expulaton, and of » constructive eviction, occasioned by the disturbance of the of the tevant requirea by the rule are different. In the former the rent is extinguished absoluiely at once, and in the laiter i: fs wuspended only di the continu- ance of ruch disturbance, unless the tenant absndons the premires therefor. It is true that the eviction. in either care, musi take place before the rent becomes due, (Witney vs. McKeon, 3 Dento, 462.) But when it results from disturbance, as long as that disturb- ence continues the rent is seapond ets, and not ex- rguished, upless continued over as whole period for which rent would sccrue under the ‘or unleag the tenant abandon as sbove stated. was not, therefore, obliged to abanaon the premises to make the interruption of ria poesersion available aa a deteace, Such interruption continued daring the whole of the. warter an‘ suspended the rent walle it contiaaed. L p bray it uppecessery to discuss the other questions pre- ented upon the diet of the defendant to recoup, or im any way interpose his damages in this astion, resulting ‘rom the acts ccmplaired of, regarding those acu ag tresparses mertly, althowgn | have little doubt that the. rule ise able is slated by Judge Woodruff ia Le Bond, Int Smith, C. P. Rep, 178. and in Drake rott, 1G How. Pr. Rep. £62. Ax the defence, ho: one which should be presed upon by trial, the will be for the defendent, with libarty to the cit to withdraw the derourrer and to reply, if neosswary, within. twenty days, on paywen: of she cost of the issue of law. ‘The Mayor, dc., vs. Edmund #. H. Gibson.—Appeal of justein~ nee tzom taxation of costa by the Clerk, ed, Benjomin Hardy vs. The Second Avenue Railroad Oom- pow ete a eee Appeal denied without kent eid in care that the time ton) | from judgment of Marine Court commenced to 7un not ee the hog A Of the verdict by the justice, but from the adjustment costs by the Clerk, and the entry thereof. The Toledo Blade ers that a woman who had lain in oil for several weeks op @ charge of larcen: c¥teined ber Roeratton the otber day, by prevailing On thet from whom she stole the preperyte marry her. The husband declined to prosecute his wife, and of course. bet la oe aha ogeinet her, and she was set a . = g beehiey ll 4 r, is jadgment: